City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, OCTOBER 10, 2022 CALL TO ORDER Mayor Brockman called the meeting to order at 6:10 p.m. CALL OF ROLL: CITY SECRETARY Present: 7 - Mayor Rusty Brockman, Councilmember Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, Councilmember Jason Hurta, and Councilmember James Blakey REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: MAYOR BROCKMAN Mayor Brockman provided the invocation. PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Brockman led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: A) Chamber of Commerce Week Mayor Brockman read the Proclamation. B) Chiropractic Health Month Mayor Brockman read the Proclamation. C) Texas Native Plant Week Mayor Brockman read the Proclamation. CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. In the interest of protecting the City's network and data, we are not accepting flash drives or electronic files to be used during Citizens Communications. Please use hard copies or the overhead projector for any documents you would like Mayor/Council to view. There will be no City Council action at this time. The following individuals spoke at this time: Easton Smith, George Green, Kellie Stallings, Nicole Lawson, Jim Holster, David Ozuna, and Monday, October 10, 2022 New Braunfels City Council Regular Meeting  Suzie Pratt. PRESENTATIONS: Mayor Brockman moved Presentation B before Presentation A. A) 2022 River Season Report Mayor Brockman read the aforementioned item. Amy Niles presented this item providing a PowerPoint and addressed questions from Council. B) New Braunfels, Texas Partnership Committee’s 175th Anniversary - a gift from Braunfels, Germany. Mayor Brockman read the aforementioned item. Helgard Sur-Hollis provided an overview of The Partnership Committee's trip to Braunfels, Germany and presented Mayor Brockman with a gift from Braunfels, Germany. Nathan Manlove made additional comments about their trip to Braunfels, Germany. 1. MINUTES A) Approval of the minutes for Executive Council Meeting September 26, 2022, and Regular Council Meeting September 26, 2022. Mayor Brockman read the aforementioned item. Councilmember Willis moved to approve this item with the correction noted. Councilmember Hurta seconded the motion which passed unanimously. 2. CONSENT AGENDA All items listed below are considered to be routine and non-controversial by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the consent agenda and considered as part of the normal order of business. Citizens must be present to pull an item. Resolutions & Action Items A) Approval of a resolution adopting the Investment Policy for the City of New Braunfels including the Broker/Dealer and Counterparties List. B) Approval of and authorization for the City to enter into a Cost Sharing Monday, October 10, 2022 New Braunfels City Council Regular Meeting  Interlocal Agreement with Comal County to pursue National Register of Historic Places district nomination of the New Braunfels Downtown area. C) Approval of a resolution; ratification of the submission of an application to the Office of the Governor, Public Safety Office, Criminal Justice Division’s Bullet-Resistant Shield Grant Program for Fiscal Year 2023 to request funding for ballistic shields for school resource officers; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. D) Approval of a resolution designating the investment officers for the City of New Braunfels. E) Approval of a ratification of the submission of a grant application to the U.S. Department of Justice FY 2022 Bulletproof Vest Partnership program; authorization for the City Manager to accept funds and execute all contract documents associated with the grant; and approval of a purchase with Angel Armor, LLC for bulletproof vests for the New Braunfels Police Department. F) Approval to purchase supplemental furniture for the new Police Station with Core Office Interiors. G) Approval of a contract with ARC Document Solutions for document preparation, scanning, and indexing of various platting, permitting, and zoning documents. H) Approval of the issuance of an invitation for competitive sealed proposals for two projects, County Line Road and Klein Road Phase 2 since the City Council finds that this delivery method will provide the best value to the City. I) Approval of a contract with United Rentals for service and rental of portable toilets J) Approval of annual routine recurring expenditures for FY 2023 in accordance with City Charter Section 9.17. K) Approval to amend the number of full-time equivalent (FTE’s) as adopted in the FY2022-2023 budget for Das Rec from 100.25 FTE to 99.25 FTE. Monday, October 10, 2022 New Braunfels City Council Regular Meeting  Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) L) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 0.21 acres to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, in City Block 1072, Lot 15, addressed at 220 Perryman Street. M) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 0.9642 acres from “R-2” Single and Two-Family District to “C-1A” Neighborhood Commercial District, in the City Block 5054 Subdivision, Lot 7-8-9-10-11-12, addressed at 257 E. South Street. N) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 25.097 acres from “APD” Agricultural Predevelopment District to “MU-A” Mixed Use Low Intensity District, out of the R. Ximinez Survey, Abstract No. 347, addressed at 409 Franks Road. O) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 0.573 acres from “M-1” Light Industrial District to “R-2A” Single-Family and Two-Family District, in the Starlight Terrace Subdivision, Unit 1, Block 1, Lot 9A, addressed at 1039 Seidel Street. Approval of the Consent Agenda Mayor Brockman read the aforementioned Consent Agenda Items A - O. Mayor Pro Tem Bowers moved to approve Consent Agenda Items A -O. Councilmember Hurta seconded the motion which passed unanimously. Mayor Brockman took a break at 7:15 p.m. Mayor Brockman returned at 7:27 p.m. Monday, October 10, 2022 New Braunfels City Council Regular Meeting 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the approval of the second and final reading of an ordinance regarding a requested rezoning of property, currently addressed at 1720 Hunter Road, from “R-2” Single-Family and Two-Family District to “C-1A” Neighborhood Commercial District with a Special Use Permit to allow coffee roasting and related warehousing in association with an existing coffee shop on approximately 0.85 of an acre out of Lot 12E, the Resubdivision plat of Lots 12A-12F, Block H, Cypress Rapids at Gruene Section 1. Mayor Brockman read the aforementioned item. Chris Looney presented this item providing a PowerPoint. The owner of the property, Larry Lehr, gave a short presentation providing a PowerPoint noting some amendments on their site plan. The owner of the coffee shop, Kelly Hall, gave a brief presentation providing a PowerPoint. The following individuals spoke at this time: Brett Davis, Holly Davis, Mark Pennell, Craig Hault, Robert Bartnett, Ellen Morgan, James Good year, Mark Palace, Bob Schulman, Mary Jane Mally, Larry Lehr, Mr. Jameson, and Kelly Hall. Councilmember Spradley moved to approve this item with the staff recommended conditions plus the following additions and modifications: Hours of operation shall be 8:00 am to 7:00 pm Monday through Friday only, there shall be no roasting on Saturdays and Sundays, the roasting operation shall be limited to one 35 kilogram roaster and the older pre-existing 5 kilogram roaster. Both shall comply with the state of Texas requirements for an afterburner. At the annual City health inspections, the City Health Inspectors shall examine the roasters to ensure the afterburner is connected and properly operating. City Health Inspectors shall also ensure used coffee grounds are not being spread on the ground beyond saturation point, the new building shall be generally located in the alternative location as depicted on the attached site plan, but in compliance with all zoning and building code requirements. Councilmember Blakey seconded the motion which passed unanimously. Monday, October 10, 2022 New Braunfels City Council Regular Meeting  B) Discuss and consider the first reading of an amendment to Chapter 6 of the City’s Code of Ordinances, Animals, related to the retail sale of pets. Mayor Brockman read the aforementioned item into record. Christopher Looney presented this item providing a PowerPoint. The following individuals spoke at this time: Sandra Oneal, Tonya Palmer, Alana Hill, Samantha DeFoures, Shannon Graham, Stacy Sutton Kerby, Rene Hernandez, Brandi Septoe, Kayla Kerr, Dr. Robin Lang, Albert Sardinas, Justin Kerr, Jolyn Noethe, Calvin Kroger, and Mr. Milligan. Councilmember Campos moved to approve this item. Councilmember Willis seconded the motion which passed 4-3. Opposed: Mayor Brockman, Councilmember Hurta, and Councilmember Blakey C) Discuss and consider approval of a resolution of the City Council of the City of New Braunfels, Texas, approving a recommendation of the New Braunfels Economic Development Corporation to provide financial incentives of up to $1,500,000.00 to Detex Corporation for the retention and creation of primary jobs; and declaring an effective date Mayor Brockman read the aforementioned item. Jeff Jewell presented this item providing a PowerPoint. Ken Kuehler was present to answer questions about Detex and state facts about the company. No individuals spoke to this item. Councilmember Willis moved to approve this item. Councilmember Blakey seconded the motion which passed unanimously. D) Discuss and consider approval of amending the Interlocal Agreement with the Alamo Area Council of Governments for demand response transit services and authorize the City Manager to execute all contract documents associated with the agreement. Mayor Brockman read the aforementioned item. Garry Ford presented this item providing a PowerPoint and introduced AACOG representatives Richard Clay Bluntzer and Durane Evans who Monday, October 10, 2022 New Braunfels City Council Regular Meeting  presented a service report providing a PowerPoint. No individuals spoke at this time. Councilmember Spradley moved to approve this item. Councilmember Blakey seconded the motion which passed unanimously. E) Discuss and consider approval of a resolution setting a public hearing to be held during the City Council Meeting on November 14, 2022, to consider amendments to roadway impact fees. Mayor Brockman read the aforementioned item. Garry Ford presented this item. No individuals spoke at this time. Councilmember Hurta moved to approve this item. Councilmember Campos seconded this item which passed unanimously. 4. EXECUTIVE SESSIONS In accordance with the Open Meetings Act, Texas Government Code, Ch. 551, the City Council may convene in a closed session to discuss any of the items listed below. Any final action or vote on any executive session item will be taken in open session. A) Deliberate the appointment, evaluation, duties, discipline, or removal of the Municipal Court Judge in accordance with Section 551.074 of the Texas Government Code. B) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: · Chapter 242 of the Texas Local Government Code and proposed replacement of the current Interlocal Agreement with Guadalupe County on subdivision development regulations. C) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code. · Project New Monday, October 10, 2022 New Braunfels City Council Regular Meeting  Mayor Brockman read the aforementioned items. Mayor Brockman recessed into Executive Session at 11:46 p.m. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Brockman returned back into open session Tuesday, October 11, 2022 at 12:58 a.m. with action to be taken on item A. Mayor Pro Tem Bowers moved to give a vote of confidence for Judge Rose Zamora and to increase her base salary to $136,278.00 payable in installments at the same time as other employees of the City are paid, effective October 1st, 2022. Councilmember Hurta seconded the motion which passed unanimously. Mayor Brockman recessed into Executive Session at 1:00 a.m. Tuesday, October 11, 2022. Mayor Brockman returned back into open session Tuesday, October 11, 2022 at 1:05 a.m. with no action to be taken. ADJOURNMENT Mayor Brockman adjourned the meeting at 1:05 a.m. Monday, October 10, 2022 New Braunfels City Council Regular Meeting