City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, FEBRUARY 27, 2023 AGENDA - AMENDED 02-24-2023 CALL TO ORDER Mayor Brockman called the meeting to order at 6:05 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. 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. PRESENTATIONS: A) Recognition of Mike Rutherford's retirement. Mayor Brockman presented the aforementioned item. Chief Lane and Assistant Chief Vargas presented Mike Rutherford with retirement awards. Mike Rutherford provided comments to council. Monday, February 27, 2023 New Braunfels City Council Regular Meeting 1. MINUTES A) Approval of the minutes for the February 13th regular and executive sessions and the February 20th special council meeting. Mayor Brockman read the aforementioned item. Councilmember Hurta motioned to approve this item. Councilmember Blakey 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 of the City of New Braunfels authorizing the Seguin Economic Development Corporation to make an eligible Project Expenditure within the New Braunfels City Limits B) Approval of a resolution; ratification of the submission of a grant application to the U.S. Department of Homeland Security, State Homeland Security Program - Regular Projects Grant for Program Year 2023 to request funding for business continuity and operational communications mobile broadband equipment; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. C) Approval of a resolution; ratification of the submission of a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program for Program Year 2024 to request funding for forensic hardware and software; 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 of the City Council of the City of New Braunfels, Texas approving participation in settlement agreements between the State of Texas and opioid manufacturer, Allergan, and three pharmacies, CVS, Walgreen, and Walmart; and authorizing the city manager to execute all related documents, including the Monday, February 27, 2023 New Braunfels City Council Regular Meeting  Subdivision Settlement Participation Forms. E) Approval of a contract with ESRI’s ArcGIS Enterprise Software for a three-year geographic information system software license agreement. F) Approval of a waiver of an application fee for a proposed conditional sign permit to be submitted by Comal County Senior Citizens Foundation. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) G) Approval of the second and final reading of an Ordinance of the City Council of the City of New Braunfels, Texas Approving the Change of Boundaries of Reinvestment Zone Number One, City of New Braunfels, Texas; Approving an Amendment to the Project Plan and Reinvestment Zone Financing Plan for the Reinvestment Zone Number One, City of New Braunfels, Texas; Approving and Executing an Amendment to the Tax Increment Participation Interlocal Agreement and an Amendment to the Phase II Tax Increment Participation Interlocal Agreement; and Other Matters in Connection Therewith. H) Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances Chapter 144 (Zoning) Section 1.4 Definitions, Section 2.2 Zoning Board of Adjustment, Sections 3.3 and 3.4 Zoning Districts, Article 5 Development Standards, and Appendix D Fee Schedule, to clarify current practices, update terms, streamline processes, relocate some sections, make certain sections consistent with state statute, create new sections, remove barriers to innovation, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. I) Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances by relocating Chapter 144 Section 5.10(c) Special Events to a new Chapter 91, with minor edits, to streamline processes, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. J) Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances Chapter 62 (Health and Sanitation) Section 62-211 Parking House Cars, to clarify current practices, update terms, streamline processes, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. Monday, February 27, 2023 New Braunfels City Council Regular Meeting  K) Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances Chapter 118 (Subdivision Platting) Section 11 Waiver, and Section 58 Fee Schedule, to clarify current practices, streamline processes, relocate some sections, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. L) Approval of the second and final reading of an ordinance to amend the City’s Code of Ordinances Chapter 106 (Signs) Section 12 Sign Lighting Standards, to modernize standards for internally illuminated signs to reduce glare, sky glow, and light trespass, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. M) Approval of the second and final reading of an ordinance to amend Section 126-346 of the Code of Ordinances of the City of New Braunfels to remove or revise existing no parking zones to promote a clear, concise, and effective no parking ordinance. N) Approval of the second and final reading of an ordinance to amend Section 126-368 of the Code of Ordinances of the City of New Braunfels to revise the date and time of the water recreation loading zone in Prince Solms Park. O) Approval of the second and final reading of an ordinance to amend Section 126-346 and Section 126-354 of the Code of Ordinance of the City of New Braunfels to remove or revise existing parking restrictions to address ordinance overlaps. P) Approval of the first reading of an ordinance to amend the City’s Code of Ordinances Chapter 114 (Streets, Sidewalks and other Public Places) Section 100 Variances and Appeals, and Appendix D (Fee Schedule), to align boards with relevant actions, streamline processes, relocate some sections, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. Q) Approval of the second and final reading of an ordinance to amend Chapter 6, Animals, of the City of New Braunfels Code of Ordinances to modify the Animal Services Advisory Board. Approval of the Consent Agenda Mayor Brockman stated David Warmke pulled item 2-G for individual consideration. Monday, February 27, 2023 New Braunfels City Council Regular Meeting  Mayor Brockman read the aforementioned items A-F, H-Q. Mayor Pro Tem Bowers motioned to approve the consent agenda with the exception of item 2-G. Councilmember Hurta seconded the motion which was passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION David Warmke pulled consent item 2-G for individual consideration. 2-G) Approval of the second and final reading of an Ordinance of the City Council of the City of New Braunfels, Texas Approving the Change of Boundaries of Reinvestment Zone Number One, City of New Braunfels, Texas; Approving an Amendment to the Project Plan and Reinvestment Zone Financing Plan for the Reinvestment Zone Number One, City of New Braunfels, Texas; Approving and Executing an Amendment to the Tax Increment Participation Interlocal Agreement and an Amendment to the Phase II Tax Increment Participation Interlocal Agreement; and Other Matters in Connection Therewith. This item was pulled from Consent Agenda by David Warmke. Mayor Brockman read the aforementioned item. Jared Werner briefed council on the item. The following individuals spoke at this time: David Warmke. Councilmember Hurta motioned to approve this item. Councilmember Spradley seconded the motion which passed unanimously. A) Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 8.4 acres out of the William Pate Survey, Abstract 259, from “APD” Agricultural/Pre-Development District to “ZH-A” Zero Lot Line Home District, currently addressed at 254 E. County Line Road. Mayor Brockman read the aforementioned item. Jean Drew presented the item to council using a PowerPoint and answered questions from council. The following individuals spoke at this time: Christine K. and Steven Clark. Monday, February 27, 2023 New Braunfels City Council Regular Meeting  Councilmember Spradley motioned to approve this item. Councilmember Campos seconded the motion which passed. Opposed: Councilmember Willis B) Public hearing and first reading of an ordinance regarding an amendment to Ordinance No. 2004-76, the “Kamp Kendrick” Planned Development District, to allow Short-Term Rentals of Lots 1 & 2R, Block 1, Kamp Kendrick, addressed at 1001 and 1005 Gruene Road. Mayor Brockman read the aforementioned item. Chris Looney presented the item to council using a PowerPoint and answered questions from council. The applicant Mindi Stange requested a postponement for two weeks. The following individuals spoke at this time: Bill Cole, Ted Meadows, Merri Ziemak, Scott Retzloft, David Rogers, Mary McCarty, Mindi Stange. Councilmember Spradley motioned to postpone this item to the March 13th Council meeting. Councilmember Willis seconded the motion which passed. Opposed: Mayor Pro Tem Bowers, and Councilmember Spradley C) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a bed and breakfast in the “R-2 HD” Single-Family and Two-Family District with a Historic District Overlay, Lot 5, City Block 3019, addressed at 648, 650, & 652 West Mill Street. Mayor Brockman read the aforementioned item. Chris Looney presented the item to council using a PowerPoint and answered questions from council. Applicant Todd Smith presented to council and answered questions. The following individuals spoke at this time: Thomas Jones. Monday, February 27, 2023 New Braunfels City Council Regular Meeting  Councilmember Willis motioned to approve this item. Councilmember Campos seconded the motion which was passed unanimously. D) Public hearing and first reading of an ordinance regarding a proposed amendment to an existing Special Use Permit, Ordinance No. 1999-71, to allow the sale of mixed beverages for on-premise consumption and the sale of beer and wine for off-premise consumption at an existing bed and breakfast in the “R-2” Single-Family and Two-Family District, being Lots 1, 2, and 3, Block 1, Gruenecliff Subdivision, Unit 2, addressed at 1111 Gruene Road. Mayor Brockman read the aforementioned item. Jean Drew presented the item to council using a PowerPoint and answered questions from council. Applicant Shawn Rutledge presented to council and answered questions. The following individuals spoke at this time: Albert Haertlein, Scott Retzloft. Councilmember Campos motioned to approve this item with staff recommendations. Councilmember Hurta seconded the motion which passed. Opposed: Mayor Brockman, and Councilmember Spradley E) 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, Lot 10, City Block 1073, addressed at 194 Perryman Street. Mayor Brockman read the aforementioned item. Jean Drew presented the item to council using a PowerPoint and answered questions from council. Applicant Blaine McEwen made comments. Councilmember Hurta motioned to approve this item. Councilmember Willis seconded the motion which passed unanimously. 4. EXECUTIVE SESSIONS Monday, February 27, 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 appointment, evaluation, duties, discipline, or removal of the City Manager in accordance with Section 551.074 of the Texas Government Code. B) Deliberate the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically · 1530 South Seguin Ave. · S. Krueger Avenue Properties C) 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: · 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 Aforementioned items B and C took place during the executive session prior to the regular council meeting. Mayor Brockman introduced item A. Mayor Brockman recessed into executive session for item A at 7:59pm. 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 8:41 p.m. No action was taken at this time. Monday, February 27, 2023 New Braunfels City Council Regular Meeting ADJOURNMENT Mayor Brockman adjourned at 8:41 p.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, February 27, 2023 New Braunfels City Council Regular Meeting