City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JANUARY 23, 2023 AGENDA - AMENDED 01-20-2023 CALL TO ORDER Mayor Brockman called this meeting to order at 5:59 p.m. CALL OF ROLL: CITY SECRETARY Present: 6 - Mayor Rusty Brockman, Councilmember Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, and Councilmember Jason Hurta Absent: 1 - 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 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,Tim Davis, Easton Smith, Christina Brown and Jim Holster. PRESENTATIONS: A) Presentation on the One Water initiative: a regional collaboration on water planning and management Mayor Brockman read the aforementioned item. Christopher Looney introduced the following speakers who presented Monday, January 23, 2023 New Braunfels City Council Regular Meeting  this item using a PowerPoint and answered questions from council: Sara Richards and David Hubbard. The following individuals spoke at this time: Jim Holster and David Warmke. B) Presentation and possible direction on potential modifications to the current structure of the Animal Services Advisory Board. Mayor Brockman read the aforementioned item. Bryan Ruiz presented this item using a PowerPoint, answered questions from council, and requested direction from council. Council provided direction to move forward. C) Presentation and discussion on the Proposed 2023 Bond Program propositions. Mayor Brockman read the aforementioned item. Garry Ford presented this item using a PowerPoint and answered questions from council. The following individuals spoke at this time: Jim Holster, David Warmke, Ron Reaves, and Lynn Thompson. 1. MINUTES A) Minutes for the January 12 regular and executive session and the January 5th special council meeting. Mayor Brockman read the aforementioned item. Councilmember Hurta moved to approve this item. Councilmember Spradley 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 Monday, January 23, 2023 New Braunfels City Council Regular Meeting  A) Approval of the FY 2023 Street Maintenance Plan. B) Approval of a Professional Services Agreement with Ardurra Group, Inc. for the design of pavement rehabilitation, sidewalk construction, and intersection improvements on Union Avenue between Common Street and Lincoln Street. C) Approval of a Professional Services Agreement with CP&Y for the design and project development of Barbarosa Road/Saur Lane from FM 1101 to Saengerhalle Road, and authorization for the City Manager to execute contract modification in accordance with the established purchasing policy. D) Approval of a Professional Services Agreement with Vickrey & Associates, LLC. for the design of pavement rehabilitation, sidewalk construction, and intersection improvements on McQueeney Road between IH-35 and County Line Road. E) Approval of a purchase with Prestwick Golf Group for new outside furniture for Land Park Golf Course/PARD. F) Approval of a service agreement with Cingl Telecommunications LLC for on-call structured cabling services. G) Approval of a license agreement between the City of New Braunfels and Hunters Creek Owners Association for an encroachment in the public Right of Way of Oak Run Parkway. H) Approval of a lease purchase with Enterprise Fleet Management (EFM) for six (6) police ready vehicles. Approval of the Consent Agenda Mayor Brockman read the aforementioned consent agenda. Mayor Pro Tem Bowers moved to approve the consent agenda. Councilmember Spradley seconded the motion which passed unanimously. Absent: Councilmember Blakey Monday, January 23, 2023 New Braunfels City Council Regular Meeting 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the first reading of an ordinance to amend Section 126-346 of the Code of Ordinance of the City of New Braunfels to establish a no parking zone on N Academy Avenue near the intersection with N Walnut Avenue. Mayor Brockman read the aforementioned item. Garry Ford presented this item providing a PowerPoint. The following individuals spoke at this time: Bruce Boyer and Christina Brown. Councilmember Spradley moved to approve this item. Councilmember Campos seconded the motion which passed unanimously. Mayor Brockman called a five minute break. B) Public Hearing and first reading of a proposed rezoning from “R-2” Single-Family and Two-Family District to “R-3L” Multifamily Low Density District with a Special Use Permit to allow short-term rental of a residence, of approximately 0.25 acres, Lot 14, Block 1, Resubdivision of Villa Rio, addressed at 363 Barcelona Drive. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. Applicant Edgar Aguirre requested to postpone this item. The following individuals spoke at this time: Suzie Pratt, Kate Villanueva, and Edgar Aguirre. Councilmember Willis moved to postpone this item to a date no later than the second council meeting in April. Councilmember Hurta seconded the motion which passed unanimously. Monday, January 23, 2023 New Braunfels City Council Regular Meeting  C) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow 3 duplexes on a single property in the “R-2” Single-Family and Two-Family District, of approximately 0.49 acres out of Abstract No. 2, J.M. Veramendi Survey No. 1, located on the southwest corner of N. Union Ave and W. Dallas St. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Applicant Shekarchii Amir spoke regarding this item. The following individuals spoke at this time: Robbie Borchers, Kate Karbach, Penelope Speier, Tim Davis, Mimi Nail, Taya Boyer, Theresa Denby, and Joanna Yonker. A motion was made by Councilmember Campos that this item be approved with staff recommendations. The motion failed for lack of second. Mayor Brockman called a five minute break. Absent: Councilmember Blakey D) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow Short-Term Rental of two residences in the “C-3” Commercial District, being the north 75 feet of Lots 8 and 9, New City Block 1058, Kuehler Addition Subdivision, addressed at 1170 Kuehler Avenue. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Applicant Jennifer Stephenson spoke regarding this item. The following individuals spoke at this time: David Warmke. Councilmember Hurta moved to approve the item. Mayor Pro Tem Bowers seconded the motion which passed unanimously. E) Public hearing and first reading of an ordinance regarding a proposed Monday, January 23, 2023 New Braunfels City Council Regular Meeting  rezoning to apply a Special Use Permit to allow Short-Term Rental of a residence in the “C-3” Commercial District, being Lot 2 and a portion of Lot 3, New City Block 1055, Kuehler Addition Subdivision, addressed at 320 East Faust Street. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. Applicant Brandon Acevedo spoke regarding this item. The following individuals spoke at this time: David Warmke. Councilmember Hurta moved to approve the item. Councilmember Spradley seconded the motion which passed unanimously. F) Discuss and consider the first reading of an ordinance amending the City of New Braunfels, Texas Code of Ordinances Chapter 2, Section 2-39 to adjust the procedures for Citizens Comments during City Council meetings to conduct the business of the City during Council meetings more efficiently. Mayor Brockman read the aforementioned item. Robert Camareno and Tony Gonzales presented this item providing a PowerPoint and website tutorial. The following individuals spoke at this time: Lorrie Shrank, JoeyLynn Mesaros, Suzie Pratt, Cheryle Fuller, David Gonzales, Kate Villanueva, Ryan Garcia, Tim Davis, David Warmke, Wayne Rudolph, John Paul Williams, Jim Holster, Mimi Nail, and Steven Brockman. This item died due to a lack of motion. 4. EXECUTIVE SESSIONS Monday, January 23, 2023 New Braunfels City Council Regular Meeting 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 purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically · S. Krueger Avenue Properties · UPRR Hill Avenue Property 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: · Commercial animal establishments · Wunderlich Project development issues · Minor plat and development ordinances, and related issues The aforementioned items took place during the executive session. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT Mayor Brockman adjourned at 10:48p.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, January 23, 2023 New Braunfels City Council Regular Meeting Monday, January 23, 2023 New Braunfels City Council Regular Meeting