City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, MAY 8, 2023 at 6:00 PM Rusty Brockman, Mayor Lawrence Spradley, Councilmember (District 4) Andres Campos, Councilmember (District 1) Jason E. Hurta, Councilmember (District 5) Christopher Willis, Councilmember (District 2) James Blakey, Councilmember (District 6) Harry Bowers, Mayor Pro Tem (District 3) Robert Camareno, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve. AGENDA CALL TO ORDER CALL OF ROLL: CITY SECRETARY REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER SPRADLEY PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) National Music Week 23-301 B) National Bike Month 23-454 C) Provider Appreciation Day - Child Care 23-536 D) Economic Development Week 23-576 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. 1. CONSENT AGENDA City of New Braunfels, Texas Page 1 Posted On: 5/9/2023 8:03:03AM  City Council Agenda May 8, 2023 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 April 24, 2023 Regular and Executive 23-547 session minutes. Matthew Schwarz, Assistant City Secretary B) Approval of a request to relinquish plat review authority 23-390 to Comal County for approximately 195 acres located within the Extraterritorial Jurisdiction (ETJ) of New Braunfels. Christopher J. Looney, AICP, Planning and Development Services Director C) Approval of a budget amendment in the FY 2023 Debt 23-533 Service Fund and General Fund Sandy Paulos, Director of Finance D) Approval of an agreement with Chain Electric Company 23-554 for Fiber Optic Construction and Repair. Tony Gonzalez, IT Director E) Approval of annual routine recurring expenditures for FY 23-571 2023 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager F) Approval of the issuance of an invitation for Competitive 23-574 Sealed Proposals for construction of traffic signals and intersection improvements at FM 1044 and Schmidt Ave, FM 1044 and County Line Road, and Klein Road and Klein Way since the City Council finds that this delivery method will provide the best value to the City. Garry Ford, Transportation and Capital Improvements Director 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 23-538 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, City of New Braunfels, Texas Page 2 Posted On: 5/9/2023 8:03:03AM  City Council Agenda May 8, 2023 Kuehler Addition, addressed at 354 E. Faust Street. Christopher J. Looney, AICP, Planning & Development Services Director H) Approval of the second and final reading of an ordinance 23-539 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. Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director I) Approval of the second and final reading of an ordinance 23-541 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. Matthew Simmont, AICP, Planning Manager J) Approval of the second and final reading of an ordinance 23-542 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. Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director K) Approval of the first reading of an ordinance amending 23-551 Section 86-2 of the Code of Ordinances, regarding reserved picnic areas and individual picnic table usage fees in Landa Park by changing picnic area categories. Stacey Dicke, Parks, and Recreation Director L) Approval of the first reading of an ordinance changing 23-543 street names in Saengerhalle Meadows, Units 2 and 3, from “Kolbe Trl” to “Ruben Dr” and “Gail Blvd” to “Kolbe Trl”. City of New Braunfels, Texas Page 3 Posted On: 5/9/2023 8:03:03AM  City Council Agenda May 8, 2023 Neil Rose, GISP, GIS Manager 2. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing and first reading of an ordinance 23-546 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. Matthew Simmont, AICP, Planning Manager B) Discuss and consider the approval of a joint contract 23-532 between the City of New Braunfels and New Braunfels Utilities with Capital Excavation Company for the construction of Klein Road Phase 2, along with authorization for the City Manager to execute any change orders up to the contingency amounts, construction administration services with Pape Dawson Engineering, and construction materials testing with Terracon Consultants, Inc. and the appropriate budget amendments Garry Ford, Transportation and Capital Improvements Director C) Discuss and consider the acceptance of the FY 2022 23-470 Audit and Annual Comprehensive Financial Report performed by Belt Harris Pechacek, LLLP. Angie Harris, Assistant Director of Finance D) Public hearing and the first reading of an ordinance 23-548 regarding Youth Program Standards of Care for the Parks and Recreation Department. Geronimo Aguirre, Recreation Manager 3. 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). City of New Braunfels, Texas Page 4 Posted On: 5/9/2023 8:03:03AM  City Council Agenda May 8, 2023 A) Deliberate pending/contemplated litigation, settlement 23-578 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 · Cause No. 2014-0522A; Yantis Company v. City of New Braunfels 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT CERTIFICATION I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall. _____________________________________ Gayle Wilkinson, City Secretary NOTE: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made. City of New Braunfels, Texas Page 5 Posted On: 5/9/2023 8:03:03AM