City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, APRIL 24, 2023 AGENDA - AMENDED 04-20-2023 CALL TO ORDER Mayor Brockman called the meeting to order at 6:01 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 WILLIS Councilmember Willis 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. PROCLAMATIONS: A) Small Business Week Mayor Brockman read the aforementioned proclamation. Myra Zunker was recognized as the small business person of the year. Mayor Brockman presented the proclamation to Myra Zunker. Myra thanked multiple organizations for recognizing small businesses in the community. PRESENTATIONS: A) Recognition of Randy Diaz for receiving an award from 100 Club of Comal County. B) Recognition of Richard Groff for receiving an award from 100 Club of Comal County. Monday, April 24, 2023 New Braunfels City Council Regular Meeting  Mayor Brockman read the aforementioned presentations. Mayor Brockman introduced and awarded Randy Diaz as the 100 Club Firefighter of the Year and Richard Groff as the Law Enforcement Officer of the Year. Chief Lane, Chief Lozano, and Comal County District Attorney Jennifer Tharp addressed council and attendees. 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. The following individuals spoke at this time: David Warmke, Jim Holster. 1. 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 minutes for the April 10, 2023 regular and executive sessions and the April 17, 2023 special session meeting. B) Approval of a resolution suspending for 45 days the effective date of the gas utility rate increase proposed by CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas - South Texas Division; and authorizing the City’s continued participation in the Alliance of CenterPoint Municipalities. C) Approval of a resolution giving consent to the issuance of contract revenue bonds (water, sewer, and drainage facilities), Series 2023, by Comal County Water Improvement District (Veramendi), a Water Improvement District located within the Extraterritorial Jurisdiction of Monday, April 24, 2023 New Braunfels City Council Regular Meeting  the City. D) Approval of a resolution giving consent to the issuance of unlimited tax bonds by Comal County Water Improvement District No. 1A (Veramendi), a Water Improvement District (WID) located within the extraterritorial jurisdiction of the City of New Braunfels. E) Approval of an agreement with National Development Council for workforce housing fund design and administration. F) Approval of a Professional Services Agreement with Vickrey and Associates for preliminary engineering of the Alligator Creek Trail East project and authorization for the City Manager to execute contract modification in accordance with the established purchasing policy. G) Approval of an agreement with Doggett Freightliner of South Texas LLC - Austin for the Police Department Mobile Command Vehicle, and Data Projections, Inc. for associated IT infrastructure. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) H) Approval of the second and final reading of an ordinance regarding proposed amendments to the City’s Code of Ordinances: amending several sections in Chapter 144 Zoning, Subsection 2.1 Changes and Zoning Amendments, Subsection 2.3 Nonconforming Uses and Structures, Subsections 3.3 and 3.4 Zoning Districts regarding Accessory Dwelling Units, Subsection 4.2 Land Use Matrix, Subsection 5.21 General provisions and exceptions; use, height and area regulations, and various clarifications and terminology updates. I) Approval of the second and final reading of an Ordinance Amending Chapter 130, Article IV, Section 130-228, Code of Ordinances of the City of New Braunfels, Texas Relating to Drought Management Plan. Approval of the Consent Agenda Mayor Brockman read the aforementioned consent agenda. Councilmember Hurta motioned to approve the consent agenda items. Mayor Pro Tem Bowers seconded the motion which passed unanimously. 2. INDIVIDUAL ITEMS FOR CONSIDERATION Monday, April 24, 2023 New Braunfels City Council Regular Meeting  A) 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 “C-3” Commercial District, Lot 4R, New City Block 1055, Kuehler Addition, addressed at 354 E. Faust Street. Mayor Brockman read the aforementioned item. Christopher Looney presented the item using a PowerPoint, indicated a need for a supermajority vote and answered questions from council. Applicant Daigle addressed council. The following individuals spoke at this time: David Warmke, Pam Kraft. Councilmember Campos motioned to approve this item. Councilmember Willis seconded this motion which passed unanimously. B) Public hearing and first reading of an ordinance regarding a proposed rezoning of approximately 92.4 acres out of the A.M. Esnaurizar Survey, Abstract 20, from “APD” Agricultural/Pre-Development District with Airport Hazard Overlay to “R-3L” Multifamily Low Density District and “R-3H Multifamily High Density District with Airport Hazard Overlay, currently addressed at 1280 Saengerhalle Road and 1682 Saur Lane. Mayor Brockman read the aforementioned item. Matthew Simmont presented the item to council using a PowerPoint, indicated this item would require a supermajority vote, and indicated the applicant would like to request a postponement. Applicant's representative requested postponement of council to meet on the May 8th meeting and answered questions from council. Councilmember Willis requested to hear from the residents first. The following individuals spoke at this time: Pam Kraft, Pam Timberman, David Warmke, Gordon Jackson, Beth Lemmons, Ryan Garcia Councilmember Campos motioned to postpone this item to the May 8th council meeting. Councilmember Willis seconded this motion Monday, April 24, 2023 New Braunfels City Council Regular Meeting  which passed unanimously. C) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 6,500 square-feet, to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, the N. 50 Lot 11, N. 50 Lot 12, and the N. 26 & E. 50 Lot 13, Block 9, Highland Park Addition Subdivision, addressed at 149 N. Peach Avenue. Mayor Brockman read the aforementioned item. Jean Drew presented the item using a PowerPoint. Councilmember Campos addressed council. Applicant Lisa Cabrera addressed and answered questions from council. Councilmember Spradley motioned to approve this item. Councilmember Hurta seconded this motion which passed unanimously. D) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow a tattoo and body piercing studio in the “C-1” Local Business District, of approximately 0.7 acres out of Abstract No. 154 of the H Foster Survey No. 34, Rivercrest Heights 5F Subdivision, addressed at 987 Loop 337. Mayor Brockman read the aforementioned item. Matthew Simmont presented the item using a PowerPoint and answered questions from council. Christopher Looney answered questions from council. Applicants Christopher Gonzales and property owner Brittany Hitzfelder answered questions from council. Councilmember Hurta motioned to approve this item. Councilmember Spradley seconded the motion which passed unanimously. Mayor Brockman called a five minute break. Monday, April 24, 2023 New Braunfels City Council Regular Meeting  E) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow the expansion of an existing apartment complex to 185 dwelling units where the lot area currently allows a maximum of 150, through the construction of an additional building consisting of studio and one-bedroom apartments, in the “C-3” Commercial District, on approximately 5.2 acres consisting of Lot 1, Block 1 of the Vivo Subdivision, addressed at 1051 IH 35 North. Mayor Brockman read the aforementioned item. Jean Drew presented the item using a PowerPoint and answered questions from council. Applicant Padilla addressed council and answered questions from council. Councilmember Hurta motioned to approve this item. Mayor Pro Tem Bowers seconded this motion which passed unanimously. F) Public hearing, discussion and consideration of a request for waiver of permit and review fees associated with the development of the Connections Individual Family Services not-for-profit, addressed at 1414 West San Antonio Street, pursuant to relief procedures in Section 100-23 of the Code of Ordinances. Mayor Brockman read the aforementioned item. Latifat Olufemi presented the item using a PowerPoint. Applicant's consulting representative addressed council and answered questions. Jennifer Gates answered questions from council. The following individuals spoke at this time: David Warmke Councilmember Willis motioned to approve to waive the permit fees less the city cost of third party reviewers. Councilmember Campos seconded this motion which passed. Opposed: Councilmember Spradley, and Councilmember Hurta G) Public hearing, discussion and consideration of a request for a waiver Monday, April 24, 2023 New Braunfels City Council Regular Meeting  of Roadway Impact Fees associated with the development of the Connections Individual Family Services not-for-profit, addressed at 1414 West San Antonio Street, pursuant to relief procedures in Section 100-23 of the Code of Ordinances. Mayor Brockman read the aforementioned item. Latifat Olufemi presented the item using a PowerPoint. Robert Camareno addressed council. Applicant's consulting representative addressed council and answered questions. This item died due to a lack of a motion. H) Discuss and consider the transfer of the real property addressed as 1488 South Seguin Avenue to New Braunfels Utilities and authorizing the City Manager to execute all necessary agreements. Mayor Brockman read the aforementioned item. Matthew Eckmann presented the item. The NBU Real Estate Manager answered questions. The following individuals spoke at this time: David Warmke Councilmember Hurta motioned to approve this item. Councilmember Campos seconded this motion which passed unanimously. I) Discuss and Consider the approval of an amendment to the lease agreement between the City of New Braunfels and New Braunfels Utilities for the lease of the real property addressed as 355 FM 306. Mayor Brockman read the aforementioned item. Matthew Eckmann presented the item. Councilmember Willis motioned to approve this item. Councilmember Spradley seconded this motion which passed unanimously. 3. EXECUTIVE SESSIONS Monday, April 24, 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 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: · Development Agreement between the City of New Braunfels and Word-Borchers Ranch Joint Venture for Proposed Mixed Use Development and Exhibits, and Comal County Flood Control Dam and Flowage Easement. The aforementioned item took place during executive session. 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT Mayor Brockman adjourned at 8:25 p.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, April 24, 2023 New Braunfels City Council Regular Meeting