City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, MARCH 27, 2023 AGENDA - AMENDED 03-24-2023 CALL TO ORDER Mayor Brockman called the meeting to order at 6:07 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 PRESENTATIONS: A) Recognition of Stacey Snell's retirement. Mayor Brockman read the aforementioned item. Christopher Looney presented retiree Stacey Snell with retirement gifts and recognition. Stacey Snell gave a speech to council expressing her gratitude to the City. PROCLAMATIONS: A) Child Abuse Prevention Month Mayor Brockman read the aforementioned item. Mayor Brockman provided a proclamation to various Child Abuse Prevention organizations. Shannon Dixon with the Children's Advocacy Center addressed council. Monday, March 27, 2023 New Braunfels City Council Regular Meeting  B) Autism Awareness Month and Autism Awareness Day. Mayor Brockman read the aforementioned item. Mayor Brockman presented a proclamation to Kyngston's Knights and others. Kyngston's Knights and others addressed council. CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. There will be no City Council action at this time. In the interest of protecting the City's network and data, the City is not accepting flash drives or electronic files for use during Citizens Communications. Please use hard copies, the overhead projector or access the City’s online digital form to upload electronic files you would like the Mayor and Council to view. The digital form would need to be uploaded two (2) hours prior to the City Council meeting. A link to this form can be accessed on the City Secretary’s website. The following individuals spoke at this time: David Warmke, LaFaun Thompson, Steve Ward, L. Creed, Timothy Davis, Sara Kallberg, Suzie Pratt, David Gonzales, Alex Stelly, Ryan Garcia, Thor Thornhill, Michael French, Jim Holster, L. Shrank 1. MINUTES A) Approval of the March 13th, 2023 regular and executive session minutes and the March 20th, 2023 special session minutes. Mayor Brockman read the aforementioned caption. Councilmember Hurta motioned 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 Monday, March 27, 2023 New Braunfels City Council Regular Meeting  A) Approval of a resolution authorizing the City Manager to enter into an Advance Funding Agreement between the City of New Braunfels and Texas Department of Transportation for the Common Street Pedestrian Improvements Project funded by the Alamo Area Metropolitan Planning Organization Transportation Alternatives Program. B) Approval of a resolution recommended by the New Braunfels Economic Development Corporation (NBEDC) approving a project expenditure of up to $215,000 for a professional services agreement with Freese and Nichols, Inc. for engineering and design of the Landa Lake Dam Improvements; and authorizing the President to execute said agreement. C) Approval of a contract with Clean Harbors for household hazardous waste collection, management, and disposal services. D) Approval of a contract with SpawGlass for Construction Manager at Risk services for the 2019 Bond Sports Complex project. E) Approval of contracts with Brauntex Materials, Inc., Texas Materials Group, Colorado Materials, Ltd., Ergon Asphalt & Emulsions, Inc., and Asphalt Inc., LLC dba Lone Star Paving Company for road construction materials. F) Approval of an amendment to the professional services agreement with Komatsu Architecture for additional construction administration services for the Westside Library as part of the 2019 Bond Program G) Approval of a professional services agreement with Rodriguez Transportation Group, Inc. for the design of intersection and drainage improvements at Zipp Road and Old Zipp Road. H) Approval of a contract with Motorola Solutions for replacement and installation of In-car and Body Worn Cameras for the New Braunfels Police Department. I) Approval of a joint election agreement between the City of New Braunfels, and the New Braunfels Independent School District (NBISD), regarding the May 6, 2023, election, and authorizing the City Manager to execute the agreement. Monday, March 27, 2023 New Braunfels City Council Regular Meeting  Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) J) Approval of the second and final reading of an ordinance amending the position classification to rename the rank of Detective to Corporal in the New Braunfels Police Department pursuant to Local Government Code, Chapter 143. Approval of the Consent Agenda Mayor Brockman read the aforementioned items. Councilmember Hurta motioned to approve the consent agenda. Councilmember Spradley seconded the motion which passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 5.3 acres, Lot 3, Block 2, Rueckle Commercial Subdivision, from “APD” Agricultural/Pre-Development District to “MU-B” High Intensity Mixed Use District, located on the north side of Morningside Drive. Mayor Brockman read the aforementioned item. Jean Drew presented the item to council using a PowerPoint and indicated a supermajority is required for approval. Applicant Thor Thornhill spoke and answered questions from council. The following individuals spoke at this time: L. Shrank, Timothy Davis Councilmember Hurta motioned to approve this item. Councilmember Willis seconded the motion which failed. Opposed: Councilmember Campos, Mayor Pro Tem Bowers, and Councilmember Spradley B) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 16.2 acres, Lot 4, Block 2, Rueckle Commercial Subdivision, from “PD” Heritage Park Planned Development District, “APD” Agricultural/Pre-Development District, Monday, March 27, 2023 New Braunfels City Council Regular Meeting  and “MU-B” High Intensity Mixed Use District to “MU-B” High Intensity Mixed Use District, located approximately 800 feet southwest of 168 Rueckle Road. Mayor Brockman read the aforementioned item. Jean Drew presented this item providing a PowerPoint. Councilmember Willis motioned to approve this item. Councilmember Hurta seconded the motion which passed. Opposed: Councilmember Spradley C) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 24.2 acres out of Abstract No. 777 of the Christian Pape Survey No. 831, and Abstract No. 531 of the Luis Salinas Survey No 458, from “APD” Agricultural/Pre-Development and “C-1” Local Business District to “C-4B” Resort Facilities District, addressed at 2385 State Highway 46 West. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint. The applicant presented to council. The following individuals spoke at this time: John McDonald, David Gonzales Mayor Pro Tem Bowers motioned to approve this item. Councilmember Willis seconded the motion which passed unanimously. D) Public hearing and first reading of an ordinance regarding the proposed revocation of a Type 2 Special Use Permit granted by Ordinance No. 2018-6 for Lots 8 and 9, Seidels Subdivision, addressed at 1133 South State Highway 46, to allow a commercial contractor’s office with outdoor storage in the “C-1A AH” Neighborhood Business Airport Hazard Overlay District. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint and answered questions from council. Monday, March 27, 2023 New Braunfels City Council Regular Meeting  The following individuals spoke at this time: Linda W. Councilmember Willis motioned to approve this item. Councilmember Hurta seconded the motion which passed unanimously. Mayor Brockman called a 5 minute break. E) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “M-1” Light Industrial District, Lot F out of Lot 188, City Block 2007, addressed at 352 E Bridge Street. Mayor Brockman read the aforementioned item. Christopher Looney presented this item providing a PowerPoint and answered questions from council. Greg Malatek commented on this item. Councilmember Hurta motioned to approve this item. Mayor Pro Tem Bowers seconded the motion which passed unanimously. F) Discuss and consider the first reading of an ordinance to amend Chapter 126, Article X, Golf Carts, Neighborhood Electric Vehicles and Other Types of Recreational Off-Highway Vehicles, including definitions, required equipment, prohibition of ATVs and sand rails on public streets in the interests of public safety, and penalties. Mayor Brockman read the aforementioned item. Greg Malatek presented this item providing a PowerPoint and answered questions from council. The following individuals spoke at this time: L. Shrank, David Warmke, David Gonzales, Jim Holster, Ryan Garcia, Alex Stelly Councilmember Spradley motioned to approve this item. Councilmember Blakey seconded the motion which passed. Opposed: Mayor Brockman G) Discuss and consider the first reading of an ordinance amending Chapter 2 of the Code of Ordinances of the City of New Braunfels, Texas, Section 2-39(b) to eliminate the need for citizens to provide Monday, March 27, 2023 New Braunfels City Council Regular Meeting  their addresses when addressing the City Council during meetings and to change the time for a person to speak to three minutes. Mayor Brockman read the aforementioned item. Robert Camareno introduced this item providing a PowerPoint. Mayor Brockman presented the item to council. Council discussed the item. The following individuals spoke at this time: David Warmke, Suzie Pratt, LaFaun Thompson, Alex Stelly, David Gonzales, L. Shrank, Timothy Davis, Ryan Garcia, Michael French, Bentley Paiz, Susan Humphries, Jim Holster Councilmember Willis motioned to approve the item with the recommendation that a member of the public must state their residency status rather than their address. Councilmember Campos seconded the motion which passed unanimously. H) Discuss and Consider approval of a contract with Berry Dunn to support the facilitation and development of a citywide strategic plan. Mayor Brockman read the aforementioned item. Robert Camareno presented this item providing a PowerPoint and answered questions from council. Councilmember Spradley motioned to approve this item. Mayor Pro Tem Bowers 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. NOTE: 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 offer(s), and Monday, March 27, 2023 New Braunfels City Council Regular Meeting  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 B) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code · Project Rethread · Project Lion · PNC Bank Mayor Brockman indicated that Item A would not be discussed and did not read it. Council recessed into executive session at 9:15 p.m. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Council reconvened at 10:02 p.m. No action was taken at this time. ADJOURNMENT Mayor Brockman adjourned at 10.02 p.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, March 27, 2023 New Braunfels City Council Regular Meeting