City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, NOVEMBER 28, 2022 AGENDA CALL TO ORDER Mayor Brockman called the meeting to order at 6:03 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: COUNCILMEMBER SPRADLEY Councilmember Spradley provided the invocation. PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Brockman led the Pledge of Allegiance and Salute to the Texas Flag. PROCLAMATIONS: A) National Hospice and Palliative Care Month. 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 individual spoke at this time: David Warmke PRESENTATIONS: A) Presentation and possible direction regarding miscellaneous development-related code amendments to address and facilitate various identified issues, ahead of the Land Development Ordinance. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  Mayor Brockman read the aforementioned item. Christopher Looney presented this item and answered questions from Council. 1. MINUTES A) Approval of the minutes for the November 1, 2022 Special Council meeting, November 14, 2022 Regular Council meeting, November 14, 2022 Special meeting and November 17, 2022 Special meeting. Mayor Brockman read the aforementioned item. Councilmember Hurta moved to approve the 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 purchase with Lower Colorado River Authority for radios and associated equipment for the Police and Fire Departments and declare the current radios and associated parts as surplus. B) Approval of a purchase with Zoll Medical Corporation for the purchase of cardiac monitors, Automated External Defibrillators (AEDs) and supporting equipment for the Fire Department and to declare the replaced equipment as surplus. C) Approval of the first reading of an ordinance amending Ordinance No. 2021-93, authorizing the abandonment of 0.366 of an acre of public street right-of-way at the terminus of Tolle Street, by extending the deadline to execute a Deed Without Warranty by an additional 180 days. D) Approval of a purchase with Southwest Public Safety for vehicle upfitting equipment and installation services for the Police Department fleet. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  E) Approval of a Resolution approving the First Amendment to Solms Landing Public Improvement District Financing Agreement; Approving and Authorizing the Partial Assignment and Assumption of Agreement; Ratifying and Approving the Reimbursement Agreement F) Approval of budget amendments in the FY 2022 General Fund, Golf Course Fund, and River Activities Fund. G) Approval of a Memorandum of Understanding with Comal County to support their grant application for the FY 2022 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation as administered by the U.S. Department of Justice, Bureau of Justice Assistance, for the purchase of law enforcement equipment for the Comal County Sheriff’s Office. H) Approval of a recommendation to Comal County Commissioners Court granting a waiver from Section 118-53(1)(b) to allow for the establishment of an individual lot having a surface area of less than 5.01 acres. I) Approval of a purchase with Clark Equipment Company dba Bobcat Company for one T66 T4 Bobcat Compact Track Loader for the Parks Department through a Buy Board Contract. J) Approval to execute a contract with Catto & Catto, a division of HUB International Texas, Ltd., for team member benefit consulting services. K) Approval of a buyback and release agreement with Stryker Medical of ten (10) LifePak15 cardiac monitor/defibrillators and one (1) LifePak15 trainer; and authorizing the city manager to execute the same. L) Approval of a license agreement between the City of New Braunfels and Shawn & Shaina Corzine for an encroachment in the public Right of Way adjacent to 125 North Castell Avenue. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) M) Approval of the first reading of an ordinance regarding the Cemetery Application to establish a cemetery on approximately 36 acres out of the J.M. Veramendi Two League Survey No. 1, addressed at 550 N. Krueger Avenue. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  N) Approval of the second and final reading of an ordinance regarding a proposed Type 1 Special Use Permit to allow an RV Park in the “C-1 AH SUP” Local Business District Airport 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. O) Approval of the second and final reading of an ordinance to amend Sections 126-354 (f), (g), and (h) of the Code of Ordinances to remove application requirements and fee for up to two additional parking permit tags and specify that parking by permit tags will be mailed annually. P) Approval of the second and final reading of an ordinance amending Chapter 100 Roadway Impact Fees of the City of New Braunfels Code of Ordinances to update the collection of impact fees and providing an effective date. Approval of the Consent Agenda Mayor Brockman read the aforementioned consent agenda items A-P. Councilmember Spradley moved to approve the consent agenda items A-P. Mayor Pro-Tem Bowers seconded the motion which passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION Mayor Brockman asked if Council would agree to address individual items K and L after individual item A. Council gave unanimous consent. A) Discuss and appoint 1 individual to the Downtown Board for a term ending May 31, 2023. Mayor Brockman read the aforementioned item. Sarah Martin presented this item. Councilmember Willis made a motion to appoint John Dalton to the Downtown Board with an unexpired term of May 31,2022. Councilmember Spradley seconded the motion which passed unanimously. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  B) Discuss and consider the second and final reading of an ordinance to install an all-way stop at the intersection of Pahmeyer Road and Rain Dance. Mayor Brockman presented the aforementioned item. Garry Ford presented this item. The following individuals spoke at this time: Kevin Curly, Amy Daniel, Rachel Owens, and Kathy Green. Councilmember Willis moved to approve this item. Councilmember Blakey seconded this motion. A vote was not taken at this time. Coucilmember Willis amended his earlier motion to add the two signs, the two crosswalks and the striping on both sides of the intersection. Councilmember Blakey seconded the amended motion which passed unanimously. Councilmember Willis moved to approve this item with the amended items added. Councilmember Blakey seconded the motion with the amended items, which passed unanimously. C) Public hearing regarding the Program Year 2021 Consolidated Annual Performance and Evaluation Report for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) and CDBG-CV Grant programs. Mayor Brockman read the aforementioned item. Jennifer Gates presented this item, and answered questions from Council. Mayor Brockman read the aforementioned item. Jennifer Gates presented this item and answered questions from Council. No action taken at this time. D) Public hearing and first reading of a proposed rezoning of approximately 8.4 acres addressed at 254 E. County Line Road, 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. Mayor Brockman read the aforementioned item. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  Jean Drew presented this item. The following individuals spoke at this time: Tyler Epstein, Michelle Butler, Dale Smith, Cristine Kowalczewski, Joseph Hernandez, Sandra Geren, Laura Shoemaker, Steven Clark, and Tony Villareal. Councilmember Willis moved to deny the rezoning. Councilmember Spradley seconded the motion which passed 6-1. Opposed: Councilmember Campos E) 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 took a break and reconvened. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. The following individual spoke at this time: Barry Jawaszinski Councilmember Hurta moved to approve the item. Councilmember Campos seconded the motion which passed unanimously. F) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 51.4 acres out of the A M Esnaurizar Survey, Abstract 98, from “R-2 AH” Single-Family and Two-Family District Airport Hazard Overlay to “R-3L AH” Multifamily Low-Density District Airport Hazard Overlay, currently addressed at 1450 FM 1101. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. The following individuals spoke at this time: James Ingalls, Martin Nealoigh, Jodi Smith, Janette Weems, Connie Solbrig, Dave Garber, and Joy McCarty. The applicant formally withdrew his request. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  There was no action taken on this item. G) Discuss and consider a request for a conditional sign permit to allow a proposed pole sign to exceed the maximum allowed height and sign face area standards in the ‘MU-B’ High Intensity Mixed Use District for a proposed Valero convenience store with fuel sales addressed at 2156 FM 1101. Mayor Brockman read the aforementioned item. Jean Drew presented this item. The following individuals spoke at this time: Andrew Perez This item dies for lack of a motion. H) Discuss and consider a resolution identifying public purpose and authorizing the City Manager to execute a lease agreement between the City of New Braunfels and New Braunfels Housing Partners for the use of the building and property addressed as 4120 Loop 337 (former Fire Station #2). Mayor Brockman read the aforementioned item. Robert Camareno presented this item and introduced Chief Keith Lane who provided further information on this item. Councilmember Spradley moved to approve this item. Councilmember Campos seconded the motion which passed unanimously. I) Discuss and consider the first reading of an ordinance to modify City Code, Chapter 144, Appendix D, Fee Schedule, to adopt enhanced administrative fees for work conducted without permits and associated minor fee schedule updates. Mayor Brockman read the aforementioned item. Kevin Collins presented this item. Councilmember Spradley moved to approve this item with the addition of stop work orders that are issued and lifted having a fee of $100.00 each.Councilmember Willis seconded the motion which passed unanimously. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  J) Discuss and consider the first reading of an ordinance making amendments to Chapter 58 “Floods” of the City’s Code of Ordinances Mayor Brockman read the aforementioned item. Kevin Collins presented this item. Councilmember Hurta moved to approve the item. Councilmember Campos seconded the motion which passed unanimously. K) Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 1.34 acres from “M-1” Light Industrial District to “R-2A” Single-Family and Two-Family District, consisting of Lots 5 and 6, Block 1, and Lots 4, 5, and the northeast half of Lot 6, Block 2, Starlight Terrace Subdivision, addressed at 1020, 1023, 1027, and 1014 Seidel Street. Mayor Brockman read the aforementioned item. Jean Drew presented this item. Councilmember Hurta moved to approve the item. Councilmember Spradley seconded the motion which passed unanimously. L) Public hearing and first reading of a proposed rezoning of approximately 0.17 acres (7,183 sq. ft.) to apply a Special Use Permit to allow short-term rental of a residence in the “R-3” Multifamily District, Lot 7. Block 5, Northwest Extension of Unicorn Heights, addressed at 540 Southeast Terrace. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. The following individuals spoke at this time: Jennifer Yanez, Neil Linnartz, and Peter Florez. Councilmember Campos moved to approve the item with staff recommendations. Councilmember Hurta seconded the motion which passed unanimously. Monday, November 28, 2022 New Braunfels City Council Regular Meeting 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 pending/contemplated litigation, settlement offers, 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; · Strategic Partnership Agreement Between the City of New Braunfels, Texas, and Comal County Water Improvement District No. 1. B) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code. 1. Project New C) Deliberate the appointment, evaluation, duties, discipline, or removal of the City Attorney in accordance with Section 551.074 of the Texas Government Code. D) Deliberate the appointment, evaluation, duties, discipline, or removal of the City Manager in accordance with Section 551.074 of the Texas Government Code. Mayor Brockman read the aforementioned executive session items C and D and recessed into executive session at 10:13 p.m. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Brockman reconvened back into open session at 12:11 a.m. No action was taken in executive session. Monday, November 28, 2022 New Braunfels City Council Regular Meeting  Mayor Pro-Tem Bowers made a motion and a vote of confidence in favor of our City Attorney Valeria Acevedo by increasing her salary 7.5% to a total of $198,460 effective November 2, 2022. Councilmember Hurta which passed unanimously. Mayor Brockman thanked Valeria Acevedo for all the work she does for the city and also thanked Mayor Pro-Tem Bowers for his work in this matter. ADJOURNMENT Mayor Brockman adjourned at 12:12 a.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, November 28, 2022 New Braunfels City Council Regular Meeting