City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JUNE 12, 2023 AGENDA - AMENDED 06-08-2023 CALL TO ORDER CALL OF ROLL: CITY SECRETARY Present: 5 - Mayor Neal Linnartz, Councilmember Andres Campos, Councilmember Christopher Willis, Councilmember Lawrence Spradley, and Councilmember Mary Ann Labowski Absent: 1 - Mayor Pro Tem Harry Bowers 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 Linnartz led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: A) Juneteenth Mayor Linnartz read the aforementioned proclamation. George Green accepted the proclamation and addressed council and attendees. B) Community Emergency Response Team (CERT) Day Mayor Linnartz read the aforementioned proclamation. Lisa Rubey with NB CERT accepted the proclamation and addressed council and attendees. C) Solid Waste and Recycle Worker's Week Mayor Linnartz read the aforementioned proclamation. Solid Waste Manager Elizabeth Tyler accepted the proclamation and addressed council and attendees. Monday, June 12, 2023 New Braunfels City Council Regular Meeting 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: Noah Shorts, Klaus Schwab Jr., Jim Holster. PRESENTATIONS: A) Texas Municipal Clerks Achievement of Excellence Award. Mayor Linnartz read the aforementioned item. Gayle Wilkinson and her team presented the Texas Municipal Clerks' Award of Excellence to council. 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. City Secretary Gayle Wilkinson indicated that item P was pulled by Cheryl Jacobs. Resolutions & Action Items A) Approval of the May 22, 2023 regular minutes. B) Approval of Mayoral appointments for, Paul Finley to the Ethics Commission for a city resident position expiring 05-31-2026 , Sharon Samples to the Housing Authority for the resident commissioner position expiring 05-31-2026, Justin Botter for the resident position expiring 05-31-2026, Tobin Hoffman, John Malik, and Matthew Biediger for the three TIRZ #1 resident positions expiring May 31, 2026, and Garrett Mechler to the Transportation and Traffic Board for an At-Large position ending 05-31-2026. Monday, June 12, 2023 New Braunfels City Council Regular Meeting  C) Approval of District 5 Councilmember’s appointments, Michael Dietert, to the Transportation & Traffic Advisory Board for a term ending May 31, 2026 and Sherry Jane Lerch to the Ethics Committee with a term ending May 31, 2026. D) Approval of a purchase with PollockOrora for Disinfecting Gym Wipes for Das Rec. E) Approval of a purchase with Caldwell Country Chevrolet for one light duty vehicle for the Police Department and approval of auxiliary purchases for upfitting of vehicles, also declaring replaced unit as surplus. F) Approval of a purchase with Siddons Martin for repairs to Ladder Truck 7 for the Fire Department and approval of auxiliary purchases for upfitting of this vehicle. G) Approval of an expenditure of $95,458.18 with Schaefer Plastics North America, LLC for the purchase of residential refuse and recycling containers. H) Approval of a purchase from CourTex Construction, Inc. for relocation and construction of a sports court at Timmermann Park. I) Approval of a purchase with Houston Freightliner, Inc. for one front load collection vehicle for the Solid Waste and Recycling Division, to declare the replaced vehicle as surplus and approval of the associated budget amendments. J) Approval of a purchase with Aguirrie Paint & Body, Inc. for vehicle repairs to a Fire Department Ambulance Medic 1 unit that was damaged in an accident and the accompanying budget amendment. K) Approval of A Resolution Relating to Establishing the City's Intention to Reimburse Itself for the Prior Lawful Expenditures of Funds from the Proceeds of Tax-Exempt Obligations to be Issued by the City for Authorized Purposes; Authorizing Other Matters Incident and Related Thereto; Providing an Effective Date and the appropriate budget amendment. L) Approval to authorize the City Manager to execute a contract modification with Pape Dawson Engineers, Inc. for final design plans, specifications, and estimates of Citywide Intersection Improvements. Monday, June 12, 2023 New Braunfels City Council Regular Meeting  M) Approval to authorize the City Manager to execute a contract modification with Pape Dawson Engineers, Inc. for final design plans, specifications, and estimates of Common Street from Loop 337 to FM 306. N) Approval of a Professional Services Agreement with Quiddity Engineering, LLC for final design plans, specifications, and estimates of San Antonio St from Krueger Ave to Loop 337 and Water Ln from IH 35 to San Antonio St and authorization for the City Manager to execute contract modifications following the established purchasing policy. O) Approval to authorize the City Manager to execute an Interlocal Agreement with the Lower Colorado River Authority for communication services, equipment, and technical services. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) P) Approval of the second and final 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. Q) Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 3.7 acres, consisting of Lot 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. R) Approval of the second and final 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. Approval of the Consent Agenda Mayor Linnartz read the aforementioned consent agenda with the exception of item P. Councilmember Spradley motioned to approve the consent agenda Monday, June 12, 2023 New Braunfels City Council Regular Meeting  itema A-O, Q, and R. Councilmember WIllis seconded the motion which passed unanimously. Absent: Mayor Pro Tem Bowers 2. INDIVIDUAL ITEMS FOR CONSIDERATION 1-P) Approval of the second and final 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 indicated this item was pulled from the consent agenda. Mayor Linnartz read the aforementioned item. Jean Drew presented the item to council using a powerpoint, answered questions, and indicated this item required a supermajority vote. Applicant Sean Murphy, LLC representative Paul Peters introduced himself and answered questions from council. The following individuals spoke at this time: Cheryl Jacobs, Katie Welch, Charles Jacobs. Councilmember Willis motioned to approve this item. Councilmember Campos seconded the motion which failed. Opposed: Councilmember Labowski Absent: Mayor Pro Tem Bowers A) Discuss and consider the second and final 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. Mayor Linnartz read the aforementioned item. Monday, June 12, 2023 New Braunfels City Council Regular Meeting  Matthew Simmont presented the item and indicated the applicant requested postponement due to a health emergency. The following individuals spoke at this time: Steven Clark, Courtney Phelps, Laura Shoemaker Councilmember Spradley motioned to postpone this item to the June 26th regular meeting. Councilmember Campos seconded this motion which passed. Absent: Mayor Pro Tem Bowers B) Discuss and consider the approval of a resolution supporting the submission of City of New Braunfels and Texas Department of Transportation projects to the Alamo Area Metropolitan Planning Organization for federal funding in Fiscal Years 2025-2028. Mayor Linnartz read the aforementioned item. Garry Ford presented the item using a powerpoint and answered questions. Councilmember Spradley motioned to approve this item. Councilmember Willis seconded the motion which passed unanimously. Absent: Mayor Pro Tem Bowers C) Discuss and consider approval of the installation of speed humps on Lazy Trail between Sunrise and Hideaway Circle. Mayor Linnartz read the aforementioned item. Garry Ford presented the item using a powerpoint and answered questions. The following individuals spoke at this time: Denise Rollins, Daniel Rollins, Jim Holster, Lynda Brandes. Council provided city staff direction to look at other options for this topic. Monday, June 12, 2023 New Braunfels City Council Regular Meeting  This item died due to a lack of motion. 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). A) Deliberate the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically · S. Krueger Avenue Properties B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087 of the Texas Government Code, and to deliberate 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: · Mayfair Development Agreement and Strategic Partnership Agreement · Municipal Development District · S.B. 2370 relating to Emergency Services District for Mayfair 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: · Municipal Utility Districts; Texas statutes and municipal subdivision development ordinances - NB West. 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. All executive session items took place prior to the meeting. Monday, June 12, 2023 New Braunfels City Council Regular Meeting  No action was taken at this time. ADJOURNMENT Mayor Linnartz adjourned at 7:55 p.m. By: ______________________________ NEAL LINNARTZ, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, June 12, 2023 New Braunfels City Council Regular Meeting