City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, MAY 22, 2023 AGENDA CALL TO ORDER Mayor Brockman called the meeting to order at 6:00 p.m. CALL OF ROLL: CITY SECRETARY Rusty Brockman and Jason Hurta were present for the Annual Election Actions. Present: 7 - Councilmember Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, Councilmember James Blakey, Councilmember Mary Ann Labowski, and Mayor Neal Linnartz 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. ANNUAL ELECTION ACTIONS A) Complete and issue Certificate of election to the Mayor - elect Neal Linnartz for the Mayoral position. Mayor Brockman read the aforementioned item. Gayle Wilkinson indicated the certificate of election had been issued. B) Complete and issue Certificate of election to the Councilmember - elect Mary Ann Labowski for District 5. Mayor Brockman read the aforementioned item. Gayle Wilkinson indicated the certificate of election had been issued. C) Administer the oath of office to Mayor - elect Neal Linnartz. Mayor Brockman read the aforementioned item. Monday, May 22, 2023 New Braunfels City Council Regular Meeting  Joyce Culbertson swore Roy Neal Linnartz into the office of Mayor. D) Administer the oath of office to District 5 Councilmember - elect Mary Ann Labowski. Mayor Brockman read the aforementioned item. After a prayer was given, Judge Rose Zamora swore in Mary Ann Labowski as City Councilmember District 5. E) Presentation and recognition of the public service rendered by Rusty Brockman as the Mayor of New Braunfels, Texas. Mayor Linnartz introduced the aforementioned item. Robert Camareno introduced former Mayor Brockman and presented him with a proclamation and a gift for his service. Mayor Brockman addressed council and gave them his thanks. Council addressed former Mayor Brockman. F) Presentation and recognition of the public service rendered by Councilmember Jason Hurta as District Five Councilmember. Mayor Linnartz introduced the aforementioned item. Mayor Linnartz introduced former Councilmember Hurta and presented him with a proclamation and a gift for his service. Former Councilmember Hurta addressed council and gave them his thanks. Council addressed former Councilmember Hurta. G) Discuss and consider the election of a Mayor Pro Tem. Mayor Linnartz introduced the aforementioned item. Councilmember Campos motioned to elect Councilmember Bowers as the Mayor Pro Tem. Councilmember Willis seconded this motion. Councilmember Bowers abstained from the vote. The motion passed unanimously with the exception Councilmember Bowers who abstained. PROCLAMATIONS: Monday, May 22, 2023 New Braunfels City Council Regular Meeting  A) Proclamation for graduating Class of City University Mayor Linnartz read the aforementioned item. Mayor Linnartz read the proclamation and presented it to the City University graduating class. Sara Phippen thanked the students and audience for their participation. B) Community Action Month Mayor Linnartz read the aforementioned proclamation. No representation was present. C) National Stop the Bleed Day Mayor Linnartz read the aforementioned proclamation. Representatives from Christus Santa Rosa Hospital and the New Braunfels Fire Department accepted the proclamation. D) Historic Preservation Month Mayor Linnartz read the aforementioned proclamation. Katie Totman accepted the proclamation and addressed the audience. 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 PRESENTATIONS: A) Recognition of Stacey Dicke's Retirement Mayor Linnartz read the aforementioned item. Robert Camareno announced Stacey Dicke's retirement and presented her with a street sign in her honor. Monday, May 22, 2023 New Braunfels City Council Regular Meeting  Jared Werner thanked her for her leadership and wisdom. Stacey thanked city staff and council for her opportunities. 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. Councilmember Spradley requested to pull item 1-I for individual consideration. Resolutions & Action Items A) Approval of the May 8, 2023 regular and executive session minutes, the May 15, 2023 regular minutes and the May 16, 2023 special minutes. B) Approval to authorize the City Manager to execute an Interlocal Cooperative Purchasing Agreement with the Texas SmartBuy Program of the Texas Comptroller of Public Accounts in accordance with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code for goods and services. C) Approval of a purchase with Outdoor Creations for 36 new concrete picnic tables for Landa Park. D) Approval of a Professional Services Agreement with Bain Medina Bain, Inc. for the design of Citywide Pedestrian Improvements Projects. E) Approval of a variance request to allow the sale of alcohol for on-premises consumption within 300 feet of a church for a proposed business in the “C-2 HD” General Business District Historic District Overlay, Lot 115, New City Block 2008, addressed at 200 North Seguin Avenue. F) Approval of the City of New Braunfels FY 2023 Second Quarter Investment Report G) Approval of a resolution recommended by the New Braunfels Economic Development Corporation (NBEDC) approving a project Monday, May 22, 2023 New Braunfels City Council Regular Meeting  expenditure, not to exceed $260,007, to the City of New Braunfels for a professional services agreement with Bain Medina Bain, Inc. for the final design of Citywide Pedestrian Improvements, a project expenditure authorized under Local Government Code Section 505.152. H) Approval of an agreement between the City of New Braunfels and Comal County regarding election services for the June 17, 2023, runoff election for City Councilmember - District Six (6) and authorizing the City Manager to execute the agreement. I) Approval of a resolution of the City Council of the City of New Braunfels, Texas, showing support for the Great Springs Project TXDOT TA application. 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 regarding Youth Program Standards of Care for the Parks and Recreation Department. K) Approval of the second and final reading of an ordinance changing street names in Saengerhalle Meadows, Units 2 and 3, from “Kolbe Trl” to “Ruben Dr” and “Gail Blvd” to “Kolbe Trl”. L) Approval of the second and final reading of an ordinance amending 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. Approval of the Consent Agenda Mayor Linnartz read the aforementioned consent agenda. Mayor Pro Tem Bowers motioned to approve the consent agenda with the exception of item 1-I. Councilmember Spradley seconded the motion which passed unanimously. 2. INDIVIDUAL ITEMS FOR CONSIDERATION Councilmember Spradley pulled item 1-I for individual consideration. 1-I) Approval of a resolution of the City Council of the City of New Braunfels, Texas, showing support for the Great Springs Project Monday, May 22, 2023 New Braunfels City Council Regular Meeting  TXDOT TA application. Councilmember Spradley pulled this item from the consent agenda for individual consideration. Mayor Linnartz read the aforementioned item. Robert Camareno presented this item to council. Gary Merit explained this project to council. Council provided their thanks to Gary Merit. Mayor Linnartz called a five minute break. A) Discuss and consider a resolution for removal of the proposed Minor Collector identified in the City of New Braunfels Regional Transportation Plan as the future extension of Seminole Drive from the dead end of Seminole Drive from 1400 feet northwest of Alves Lane to FM 1101. Mayor Linnartz read the aforementioned item. Garry Ford presented the item to council using a powerpoint and answered questions. Fire Chief Lozano answered questions from council. Applicant representative James Ingalls addressed council. The following individuals spoke at this time: Martin Nealeigh, Jodi Smith, Selena Saenz, Greg Garber, Joy McCarty, Carmen Gordon, Adam Mark, Kathy Bergeous, David Warmke Councilmember Spradley motioned to postpone the item to the August 14th council meeting. Councilmember Willis seconded this motion which provided further time for public comment. The following individuals spoke at this time: Kathy Bergeous, Jodi Smith, Martin Nealeigh A vote was taken on the aforementioned motion which passed. Monday, May 22, 2023 New Braunfels City Council Regular Meeting  Opposed: Councilmember Campos, Councilmember Blakey, and Mayor Linnartz B) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a multifamily development on approximately 51.4 acres in the “R-2 AH” Single-Family and Two-Family District with Airport Hazard Overlay, out of the A.M. Esnaurizar Survey, Abstract 98, currently addressed at 1450 FM 1101. Mayor Linnartz read the aforementioned item. Based on the vote for item A, the applicant proposed to postpone this item to the August 14th city council meeting as well. Mayor Pro Tem Bowers motioned to postpone this item to the August 14th city council meeting. Councilmember Spradley seconded this motion which passed. Opposed: Councilmember Blakey C) 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 “APD” Agricultural/Pre-Development District, Abstract 259, William Pate Survey, addressed at 254 E. County Line Road. DEPARTMENT: Planning and Development Services Mayor Linnartz called a five minute break. Mayor Linnartz read the aforementioned item. Christopher Looney presented the item using a powerpoint and answered questions. Applicant Tyler Epstein addressed council and answered questions. The following individuals spoke at this time: David Warmke, Steven Park, Gordon G. Councilmember Campos motioned to approve this item. Councilmember Spradley seconded this motion which passed. Monday, May 22, 2023 New Braunfels City Council Regular Meeting  Opposed: Councilmember Willis D) Discuss and consider approval to authorize the City Manager to enter into a Development Agreement with SDC Development, LLC for improvements on Weltner Road and associated offsets and credits against roadway impact fees. Mayor Linnartz read the aforementioned item. Garry Ford presented the item to council using a powerpoint and answered questions. The following individuals spoke at this time: Chris Altwein Mayor Pro Tem Bowers motioned to approve this item. Councilmember Campos seconded this motion which passed unanimously. E) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.4 acres from “R-2” Single-Family and Two-Family District to "C-O" Commercial Office District with a Special Use Permit to allow short-term rental of a residence, Lots 7 and 8, City Block 5063, addressed at 611 East Common Street. Mayor Linnartz read the aforementioned item. Christopher Looney presented this item using a powerpoint. Applicant Paul Kudrle addressed council and answered questions. The following individuals spoke at this time: Chandler Gray Councilmember Willis motioned to approve this item. Councilmember Blakey seconded this motion which passed unanimously. F) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.2539 acres of being Lot 4, Block 12, New City Block 1033, Jahn Addition from “M-1” Light Industrial to “M-1 HL” Light Industrial Historic Landmark, currently addressed at 636 S Castell Avenue. Mayor Linnartz read the aforementioned item. Monday, May 22, 2023 New Braunfels City Council Regular Meeting  Katie Totman presented the item to council using a powerpoint, read applicant remarks, and answered questions. Councilmember Spradley motioned to approve this item. Mayor Pro Tem Bowers seconded this motion which passed unanimously. G) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 3.7 acres, consisting of Lots 1 and 1A, Block 5, Landa Village Subdivision from "M-1" Light Industrial District & "R-3" Multifamily District to "M-1A" Light Industrial District, addressed at 655 Landa Street. Mayor Linnartz read the aforementioned item. Jean Drew presented the item to council using a powerpoint and answered questions. Applicant representative TJ Grossi addressed council on behalf of the Comal County Crisis Center. Mayor Pro Tem Bowers motioned to approve this item. Councilmember Spradley seconded this motion which passed unanimously. H) Discuss and consider the possible appointment of one individual to the New Braunfels Economic Development Corporation (NBEDC) or the opening of the application process for an unexpired term ending November 30, 2023. Mayor Linnartz read the aforementioned item. Gayle Wilkinson presented the item to council and proposed either appointing Brian Cox to the EDC Board or re-opening the application process. Councilmember Campos motioned to approve this item by appointing Brian Cox to the EDC Board. Mayor Pro Tem Bowers seconded this motion which passed unanimously. 3. EXECUTIVE SESSIONS Monday, May 22, 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). 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. There were no executive session items at this time. ADJOURNMENT Mayor Linnartz adjourned at 10:14 p.m. By: ______________________________ NEAL LINNARTZ, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, May 22, 2023 New Braunfels City Council Regular Meeting