City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, OCTOBER 24, 2022 AGENDA - AMENDED 10-21-2022 CALL TO ORDER Mayor Brockman called the meeting to order at 6:04 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 PRO TEM BOWERS Mayor Pro Tem Bowers 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) Wurstfest 2022 Mayor Brockman read the proclamation. B) Domestic Violence Awareness Month Mayor Brockman read the proclamation. C) Hill Country Night Sky Month Mayor Brockman read the proclamation. D) Municipal Court Week Mayor Brockman read the proclamation. PRESENTATIONS: A) Recognition of George Amen III’s retirement. Mayor Brockman read the aforementioned item. Chief Ruy Lozano presented this item giving heart felt remarks, Monday, October 24, 2022 New Braunfels City Council Regular Meeting  presenting George Amen III with parting gifts and a selection was played by the pipes and drums in his honor. B) Presentation, discussion, and possible direction on the Roadway Impact Fee Program Collected Fees. Mayor Brockman read the aforementioned item. Garry Ford presented this item providing a PowerPoint. The following individuals spoke at this time: David Warmke, Justin Journeay, Evan Bohl, and Claire Pooly. 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: David Warmke, Stacie Clifford, Paul Strop, and Justin Journeay. 1. MINUTES A) Approval of the minutes for the October 10, 2022 Regular Council Meeting and October 10, 2022 Special City Council Meeting. Mayor Brockman read the aforementioned item. Councilmember Hurta moved to approve this item. Mayor Pro Tem Bowers 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 to consent to the creation of Sky Ranch Municipal Utility District (MUD) within the City's Extraterritorial Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Jurisdiction (ETJ) in Comal and Guadalupe Counties, consisting of 310.332 acres, including 59.331 acres located on the northwest corner of the intersection of Kroesche Lane and Westmeyer Road, adjacent and south of the Stars & Stripes drive-in theatre, and 251.001 acres located on the south side of Westmeyer Road and east of Airport Road and consider authorizing the City Manager to approve a development agreement between the City of New Braunfels and East Park Place, LLC, related to the City’s consent to the creation of the Sky Ranch Municipal Utility District. B) Approval of a resolution to consent to the creation of Guadalupe County Municipal Utility District (MUD) No. 5 within the City’s Extraterritorial Jurisdiction (ETJ) in Guadalupe County, consisting of approximately 299.78 acres located on the north side of FM 725, west of The Bandit Golf Course in the Long Creek Subdivision, and south of the intersection of Altwein Lane and FM 725 and authorization allowing the City Manager to approve a development agreement between the City of New Braunfels and Highlander NB One, LLC. C) Approval for the purchase of a rescue utility vehicle for the New Braunfels Fire Department (NBFD) from Alternative Support Apparatus, LLC, doing business as ASAP, utilizing funding provided by the U.S. Department of Homeland Security, State Homeland Security Program - Regular Projects Grant for Program Year 2022. D) Approval of a contract with Verizon Connect for an annual subscription for vehicle tracking and information E) Approval of and authorization for the City Manager to execute a lease agreement between the City of New Braunfels and Texas State Technical College for a 24,788 square foot building on the Central Texas Technology Center Campus addressed at 2189 FM 758, Building A on the New Braunfels National Airport property. F) Approval of a budget amendment in the FY 2022 General Fund, Airport Fund, and Golf Fund. G) Approval of a resolution consenting to the issuance of unlimited tax road bonds by Comal County Water Improvement District No. 1A, a Water Improvement District located within the extraterritorial jurisdiction of the City of New Braunfels. H) Approval to renew the following annual contracts, as allowed for by their contract language: On-Call Third Party Building Inspections, Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Durable Equipment Preventative Maintenance Services, Maintenance and License for CAD and Records Management System, EMS Billing Interface Software, Legal Services, Non-Native Animal Species Control, EAHCP Floating Vegetation Management, Dissolved Oxygen Monitoring & Management, Native Riparian Habitat Restoration-Riffle Beetle, Old Channel Aquatic Vegetation Restoration & Maintenance, Comal River/Landa Lake Aquatic Vegetation Restoration & Maintenance, River Recreation Litter Removal and Floating Vegetation Services I) Approval of annual routine recurring expenditures for the remaining FY 2022 closeout in accordance with City Charter Section 9.17. J) Approval of annual routine recurring expenditures for FY 2023 in accordance with City Charter Section 9.17. K) Approval of a contract with GTS Technology Solutions, Inc for wireless technology infrastructure upgrades in City owned buildings. L) Approval of an expenditure with Comm Fit for the purchase of fitness equipment for $99,288.05 utilizing a BuyBoard contract 655-22 and declaring existing equipment as surplus. Approval of the Consent Agenda Mayor Brockman read the Consent agenda items A-F and H-L. Councilmember Spradley moved to approve Consent agenda items A-F and H-L. Councilmember Hurta seconded the motion which passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION Mayor Brockman recessed at 7:35 p.m. Mayor Brockman reconvened at 7:46 p.m. Mayor Brockman addressed item 3B first and then 3A. A) Public hearing and first reading of an ordinance amending Chapter 130, Article VI, Sections 130-336 through 130-410, code of ordinances of the City of New Braunfels, Texas relating to water and wastewater impact fees; repealing all other ordinances and parts of ordinances in conflict herewith; containing a savings clause; and providing an effective date. Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Mayor Brockman recessed at 9:00 p.m Mayor Brockman reconvened at 9:16 p.m. Mayor Brockman read the aforementioned item. Ian Taylor presented this item, introducing Stephanie Neises, who provided a PowerPoint. Ian and Stephanie addressed questions from Council The following spoke at this time: Tauny Solbrig, David Warmke, Dale Smith, Mr. Epstein, and James Mahem. Councilmember Campos moved to approve this item. Mayor Pro Tem Bowers seconded the motion which passed with a 6-1 vote. Opposed: Councilmember Hurta B) Discuss and consider the second and final 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. Christopher Looney presented this item providing a PowerPoint. The following individuals spoke at this time: Albert Sardinos, Kayla Kerr, Justin Kerr, Dr. Brennon, Garrett Risem, Susie Rice, Matthew Mulligan, Tonya Palmer, Wendy Wymer, Samantha Decoras, Stacy Sutton Kirby, Lana Hill, John Velasquez, Megan Schultz, Suzie Pratt, and Evan Bohl. Valeria Acevedo and Bryan Ruiz answered questions from City Council. Councilmember Campos moved to approve this item. Councilmember Willis seconded the motion with a 4-3 vote. Opposed: Mayor Brockman, Mayor Pro Tem Bowers, and Councilmember Hurta C) Public hearing and first reading of a proposed Special Use Permit to allow an RV Park in the “C-1 AH SUP” Local Business District Airport Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Hazard Overlay with a Special Use Permit for a Mobile Home Park, and “M-1r10 AH SUP” Light Industrial District Airport Hazard Overlay with a Special Use Permit for a Mobile Home Park, on approximately 0.55 acres out of the A M Esnaurizar Survey, Abstract 20, currently addressed at 1670 Arndt Road. The applicant has requested postponement to the November 14, 2022, regular City Council meeting. Mayor Brockman read the aforementioned item and stated the applicant had requested this item be postponed till the November 14, 2022 regular council meeting. Councilmember Hurta moved to postpone this item to the November 14, 2022 Council meeting, Councilmember Willis seconded the motion which passed unanimously. D) Discuss and consider a resolution to consent to the creation of Springen Meadows Municipal Utility District (MUD) consisting of 97.455 acres located in the ETJ of the City of New Braunfels and within Guadalupe County, on the southeast corner of the intersection of SH 46 and Link Road, across SH 46 from Plantation Drive and Las Brisas Boulevard. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. The following individuals spoke at this time: Chris Dice Item dies for lack of motion. E) Public hearing and first reading of a proposed rezoning of approximately 8.4 acres from “APD” Agricultural/Predevelopment District to “C-1A” Neighborhood Business District with a Special Use Permit to allow the development of multiple dwelling units in a townhouse style configuration, out of the William Pate Survey 7.453 acres, Abstract 259, addressed at 254 E. County Line Road. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. The following individuals spoke at this time: Mary Pat Coco, Dale Smith, Joseph Hernandez , Steven Clark, Christine Kowalowiski, Art Arnold, Thomas Deja, and Tyler Epstein. Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Councilmember Hurta moved to table this item to the November 28, 2022 Council meeting. Mayor Pro Tem Bowers seconded this motion which passed unanimously. Mayor recessed at 11:10 p.m. Mayor reconvened at 11:21p.m. F) Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 21.85 acres from “APD” Agricultural/Predevelopment District to “R-2A” Single-family and Two-family District with a Special Use Permit to allow multiple single-family dwellings on a single lot with related development standards, out of the J Thompson Survey 21, Abstract 608, currently addressed at 485, 501, and 521 Ron Road. Mayor Brockman read the aforementioned item. Christopher Looney made preliminary remarks and introduced T.C. Salmon who presented this item providing a PowerPoint. The following individuals spoke at this time: Todd Olsen, Linda Hagey , and Rick Hagey. Councilmember Hurta moved to approved this item with staff recommendations. Councilmember Campos seconded the motion which failed for lack of super majority vote. Opposed: Councilmember Willis, and Councilmember Spradley G) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.72 of an acre from “M-2” Heavy Industrial District to “R-2A” Single Family and Two-Family District out of the H Foster Survey 34, Abstract 154, currently addressed at 956 Broadway. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Applicant, Marty Myer, made additional comments. Councilmember Hurta moved to approve this item. Councilmember Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Willis seconded the motion which passed unanimously. H) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.72 of an acre from “APD” Agricultural/Predevelopment District to “R-3L” Multifamily Low Density District out of the Franks Subdivision, Lot 1, currently addressed at 261 Alves Lane. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. The following individuals spoke at this time: James Mahem, Tonny Salbrig, and Martin Neeley. Councilmember Spradley moved to approve this item. Councilmember Hurta seconded the motion which passed unanimously. I) Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 8,720 sq. ft. (0.2 of an acre) from “SND-1" Special Neighborhood District 1 to “C-O” Commercial Office District, Lot 1 out of the resubdivision of the South Half of City Block 4002 of the Guenther Addition, addressed at 166 Clemens Avenue. Mayor Brockman read the aforementioned item. Jean Drew presented this item. The applicant, Josh Price, gave additional comments on this item. Councilmember Willis moved to approve this item. Councilmember Hurta seconded the motion which passed unanimously. J) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.66 of an acre from “R-2” Single Family and Two-Family District and approximately 1 acre from “C-1” Local Business District to “C-1A” Neighborhood Business District, consisting of Lot 1, Block 7, Forrest Park Subdivision, and Lot 29, Grandview Addition Subdivision, addressed at 1421 North Walnut Avenue. Mayor Brockman read the aforementioned item. Chrstopher Looney presented this item providing a PowerPoint. Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Mayor Pro Tem Bowers moved to approve this item. Councilmember Spradley seconded the motion which passed unanimously. K) Public hearing and consideration of the proposed Mayfair Sector Plan 2, approximately 221 acres located within the Comal County Water Improvement District #3, out of the A M Esnaurizar Survey 1, Abstract 1, within the Mayfair Project, at the southwest corner of Woods Path and IH 35 N. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Councilmember Spradley moved to approve this item. Councilmember Hurta seconded the motion which passed unanimously. L) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow Short-Term Rental of a residence in the “C-3” Commercial District out of the Kuehler Addition Subdivision, New City Block 1055, Lot 15, addressed at 323 Kessler Street. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Councilmember Hurta moved to approve this item. Mayor Pro Tem Bowers seconded the motion which passed unanimously. M) Public hearing and first reading of a proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “C-1” Local Business District, addressed at 1508 State Highway 46 South. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. Applicant, Barry Jaroszewski made additional comments and answered questions from Council. The following individual spoke at this time: Irvin Cornell Monday, October 24, 2022 New Braunfels City Council Regular Meeting  Councilmember Willis moved to postpone this item indefinitely until the petitioner completes all legal requirements and all municipal court cases are resolved. Councilmember Spradley seconded the motion 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. The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act (Chapter 551 of the Texas Government Code). A) Deliberate the appointment, evaluation, duties, discipline, or removal of the City Attorney 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. · Chapter 363 of the Texas Local Government Code and related laws. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Monday, October 24, 2022 New Braunfels City Council Regular Meeting ADJOURNMENT Mayor Brockman adjourned at 12:36 a.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, October 24, 2022 New Braunfels City Council Regular Meeting