City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, DECEMBER 12, 2022 AGENDA CALL TO ORDER Mayor Pro Tem Bowers called the meeting to order at 6:04 p.m. CALL OF ROLL: CITY SECRETARY Present: 6 - Councilmember James Blakey, Councilmember Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, and Councilmember Jason Hurta Absent: 1 - Mayor Rusty Brockman REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER BLAKEY Councilmember Blakey provided the Invocation. PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Pro Tem Bowers led the Pledge of Allegiance and the Salute to the Texas Flag. 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 and Jim Holster. PRESENTATIONS: A) Presentation of recommended actions of the Workforce Housing Advisory Committee Mayor Pro Tem Bowers read the aforementioned item. Jeff Jewell presented this item and answered questions from Council. Monday, December 12, 2022 New Braunfels City Council Regular Meeting  The following individuals spoke at this time: Jim Holster, Jonathan Packer and David Warmke. B) Presentation and possible direction to staff on strategies the City Council may want to consider implementing to conduct the business of the City during Council meetings more efficiently. Mayor Pro Tem Bowers read the aforementioned item. Robert Camareno presented this item and answered questions from Council. The following individuals spoke at this time: David Warmke, Greg Viltal and Jim Holster. 1. MINUTES A) Approval of the minutes for the regular and executive session council meetings for November 28, 2022, and the special session December 5, 2022. Mayor Pro Tem Bowers read the aforementioned item. Councilmember Hurta moved to approve this item. Councilmember Campos seconded the motion, which passed unanimously. Absent: Mayor Brockman 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 the Construction Manager at Risk project delivery method for the New Braunfels Sport Complex since the City Council finds that this delivery method will provide the best value to the City. B) Approval of the appointments to The Workforce Housing Advisory Board for Larry Hammonds for the term ending November 30, 2025. Monday, December 12, 2022 New Braunfels City Council Regular Meeting  C) Approval of appointment by City Manager to Civil Service Commission for Andrew Hamilton for the term ending November 30, 2025. D) Approval of one appointment to the Tax Increment Reinvestment Zone No. 1 Crystal Hermesch for the unexpired term May 31, 2024. E) Approval for the purchase of ballistic shields for the New Braunfels Police Department from LionHeart Alliance, LLC utilizing grant funding. F) Approval for submission of the Program Year 2021 Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development for the Community Development Block Grant (CDBG) and CDBG-CV Grant programs. G) Approval to amend the number of full-time equivalent (FTE’s) as adopted in the FY 2023 budget for Parks and Recreation from a total FTE count of 190 (48 full-time/part-time and 142 seasonal) to 188.5 FTE (49.5 full-time/part-time and 139 seasonal). H) Approval of a multi-year contract with Ahern Rentals, Inc., H&E Equipment Service, Inc., Rocky Hill Equipment Rentals, TKO Equipment Company, Texas First Rentals LLC, and United Rentals North America, Inc. for heavy equipment rental for various City Departments. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) I) Approval of the second and final reading of an ordinance regarding an 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. J) Approval of the second and final reading of an ordinance regarding the 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. K) Approval of the second and final reading of an ordinance to modify the City’s Code of Ordinances, Appendix D, Fee Schedule, to adopt enhanced administrative fees for work conducted without permits and Monday, December 12, 2022 New Braunfels City Council Regular Meeting  associated minor fee schedule updates. L) Approval of the second and final reading of an ordinance making amendments to Chapter 58 “Floods” of the City’s Code of Ordinances M) Approval of the second and final 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. N) Approval of the second and final reading of a rezoning ordinance 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. O) Approval of the second and final 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. Approval of the Consent Agenda Mayor Pro Tem Bowers read the aforementioned consent agenda items A-O. Councilmember Campose moved to approve the consent agenda items A-O. Councilmember Willis seconded the motion, which passed unanimously. Mayor Pro Tem Bowers took a break at 7:16 p.m. Mayor Pro Tem Bowers reconvened at 7:24 p.m. Absent: Mayor Brockman 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a resolution proposing the creation of the New Braunfels Crime Control and Prevention District, with the boundaries being the city limits of the City of New Braunfels, Texas. Mayor Pro Tem Bowers read the aforementioned item. Monday, December 12, 2022 New Braunfels City Council Regular Meeting  Councilmember Campos made the motion to postpone this item. Councilmember Hurta seconded the motion, which failed with a 3-3 vote. The following individuals spoke at this time for the motion to postpone: Chris Peltier, Joe Tovar, Jim Holster, Terry Gibson, and Jim Poage. Councilmember Spradley made preliminary remarks. Robert Camareno presented this item. The following individuals spoke at this time: Julian Marta, Joe Tovar, Greg Vital, David Hartz, Chris Peltier, Piere Brunette, Jerry Cumby, Jonathan Packer, Jim Poage, David Warmke, and Todd Hendrickson. Councilmember Spradley made closing remarks. Council discussed this item and asked Chief Lane to the podium to answer questions Councilmember Spradley moved to approve this item. Councilmember Willis seconded this motion, which failed with 3-3 vote. B) Discuss and consider a request to amend an existing conditional sign permit to allow an existing multi-tenant pole sign to exceed the maximum allowed sign face area standards in the C-3 (Commercial District) for a multi-tenant property located between FM 1044 and South Mesquite Avenue, currently addressed between 1455 and 1695 South IH-35. Mayor Pro Tem Bowers took a break at 9:07 p.m. Mayor Pro Tem Bowers reconvened at 9:18 p.m. Mayor Pro Tem Bowers read the aforementioned item. Jean Drew presented this item. The applicant, Brent Adcock, made additional comments. Monday, December 12, 2022 New Braunfels City Council Regular Meeting  Councilmember Hurta moved to approve this item. Councilmember Blakey seconded the motion, which passed unanimously. Absent: Mayor Brockman C) Discuss and consider approval of a resolution for the determination of right-of-way width of W. San Antonio Street, identified as a Minor Arterial in the City of New Braunfels Regional Transportation Plan, from S. Walnut Avenue to S. Chestnut Avenue. Mayor Pro Tem Bowers read the aforementioned item. Garry Ford presented this item and answered questions from Council. Councilmember Hurta moved to approve the item. Councilmember Willis seconded the motion which passed unanimously. Absent: Mayor Brockman D) Discuss and consider approval of a resolution for the realignment of the Parkway identified in the City of New Braunfels Regional Transportation Plan as "West Connector Parkway" from FM 1863 to State Highway 46, establishing right-of-way at 200 feet from FM 1863 to 850 feet north of FM 1863 and 250 feet from 850 feet north of FM 1863 to State Highway 46. Mayor Pro Tem Bowers read the aforementioned item. Garry Ford presented this item and answered questions from Council. Tom Hornseth, Comal County Engineer, provided additional comments. The following individuals spoke at this time: Clifford Dietz, Laurie Clark, Brian Dietz, Tom Polk, Scott McCash, Burt Wehlman, Julian Mardock and Terry Gibson. Jason Shepard answered questions from Council and provided additional information. Item dies for lack of motion. Monday, December 12, 2022 New Braunfels City Council Regular Meeting  Mayor Pro Tem Bowers took a break at 10:39 p.m. Mayor Pro Tem Bowers reconvened at 10:49 p.m. E) Public hearing and first reading of a proposed ordinance to rezone 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 Pro Tem Bowers read the aforementioned item. Christopher Looney presented this item. Applicant, T.C Selman, made additional comments. The following individual spoke at this time: Crystal Zimmerman-Kindred Councilmember Campos moved to approve the item. Councilmember Hurta seconded the motion, which passed unanimously. Absent: Mayor Brockman 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 Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code. 1. Texas State Technical College 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 Monday, December 12, 2022 New Braunfels City Council Regular Meeting  Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: · Cause No. 2022-0386D, City of New Braunfels, Texas vs. IN REM 420 BUS 35 N, New Braunfels, Texas 78130; and JIMON INC. D/B/A River Ranch RV Park Resort C) Deliberate the appointment, evaluation, duties, discipline, or removal of the City Manager in accordance with Section 551.074 of the Texas Government Code. Mayor Pro Tem Bowers read Executive Session Item C. Mayor Pro Tem Bowers recessed into executive session at 11:08 p.m. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Pro Tem Bowers reconvened at 12:36 a.m. Councilmember Spradley made the motion in a vote of confidence in favor of our City Manager, Robert Camareno, by increasing his salary by 5% to a total of $280,961.00. Councilmember Hurta seconded the motion, which passed unanimously. ADJOURNMENT Mayor Pro Tem Bowers adjourned at 12:36 a.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, December 12, 2022 New Braunfels City Council Regular Meeting