City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, NOVEMBER 27, 2023 AGENDA - AMENDED AGENDA 11-22-2023 CALL TO ORDER Mayor Linnartz called the meeting to order at 6:03 p.m. CALL OF ROLL: CITY SECRETARY Present: 7 - Mayor Neal Linnartz, Councilmember Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, Councilmember Mary Ann Labowski, and Councilmember April Ryan 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) Nurse Practitioners Week Proclamation Mayor Linnartz read the aforementioned proclamation. Representatives for the Nurse Practitioners Week accepted the proclamation. B) Tree of Angels Day Proclamation Mayor Linnartz read the aforementioned proclamation. Representatives for the Tree of Angels Day accepted the proclamation. C) GIS Awareness Week Mayor Linnartz read the aforementioned proclamation. Neil Rose, GIS Manager, accepted the proclamation. Monday, November 27, 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: David Warmke, Landon Nealeigh, Amanda Freeman, Jonathon Packard, and 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. Mayor Linnartz asked if any items had been pulled: Consent items D and F were pulled for individual consideration. Resolutions & Action Items A) Approval of the November 13, 2023 Regular and Executive Session minutes, the November 16, 2023 Special Meeting minutes, and the November 20, 2023 Special Meeting minutes B) 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 the City. C) Approval of a resolution of the City Council of New Braunfels, Texas, approving a recommendation of the New Braunfels Economic Development Corporation for a project expenditure of up to $250,000 to the SPARK Small Business Center to assist with the operation of an economic development program, a project authorized under 505.102 of the Texas Local Government Code. D) Approval of a resolution nominating CEMEX Construction Materials Monday, November 27, 2023 New Braunfels City Council Regular Meeting  South, LLC for designation as an Enterprise Zone Project under the State of Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code This item was heard under individual items for consideration. Mayor Linnartz asked Jim Holster to approach the lectern and give his reason for pulling this item. Mr. Holster read the item and stated his questions. Mayor Linnartz asked Jeff Jewell to address Mr. Holsters remarks and address questions on this item. The following individual spoke at this time: Wayne Rudolph Councilmember Campos moved to approve this item. Councilmember Ryan seconded the motion which passed unanimously. E) Approval of a resolution that supports the denial of an increase in revenue and a change in rates proposed by CenterPoint Energy Resources Corporation, D/B/A, CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint”); authorizes continued participation in the Alliance of CenterPoint Municipalities-South Texas Division; representation of the City by special counsel intervention in proceedings related to CenterPoint’s Statement of Intent; and requires the reimbursement of municipal rate case expenses by CenterPoint. F) Approval of a Guaranteed Maximum Price with SpawGlass Civil Construction, Inc. for the Zipp Family Sports Park, a contract with Terracon Consultants, Inc. for construction materials testing, and authorization for the City Manager to execute any change orders up to the contingency amount. This item was heard under individual items for consideration. Mayor Linnartz asked David Warmke to approach the lectern and give his reason for pulling this item. Scott McClellan addressed Mr. Warmke's questions. Mayor Pro Tem Bowers moved to approve this item. Councilmember Spradley seconded this item which passed unanimously. Monday, November 27, 2023 New Braunfels City Council Regular Meeting  G) Approval of a Non-Exclusive License Agreement with Universal Natural Gas, Inc. for use of Public Right of Way. H) Approval of the Roadway Impact Fee Report for April 1, 2023, through September 30, 2023. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) I) Approval of the second and final reading of an ordinance to amend Section 126-346 of the Code of Ordinances of the City of New Braunfels to establish a no parking zone on the north side of Fair Lane adjacent to River Acres Park. J) Approval of the second and final reading of an ordinance to create Section 126-153 of the Code of Ordinances of the City of New Braunfels to set the speed limit on Goodwin Lane and Conrads Lane. K) Approval of the second and final reading of an ordinance authorizing assignment pay for certain qualified civil service employees in the New Braunfels Fire Department who perform specialized functions as assigned by the Fire Chief or designee. L) Approval of the second and final reading of an ordinance granting to Universal Natural Gas, LLC d/b/a Universal Natural Gas, Inc., its successors and assigns for a period of 15 years, a non-exclusive franchise and right to enter public way to install, operate and maintain a natural gas distribution system within, along, across, over and under the public ways of the City of New Braunfels, Texas for the transportation, distribution and/or sale of natural gas to customers and the public in the City; providing for publication and an effective date. M) Approval of the second and final reading of an ordinance to amend the Code of Ordinances, Section 91-2, Special Events, Definition. Approval of the Consent Agenda Mayor Linnartz read the aforementioned consent items A-C, E, and G - M. Mayor Pro Tem Bowers moved to approve Consent agenda items A-C, E, and G-M. Councilmember Spradley seconded the motion which passed unanimously. Monday, November 27, 2023 New Braunfels City Council Regular Meeting 2. INDIVIDUAL ITEMS FOR CONSIDERATION Mayor Linnartz took Individual items 2F and 2G out of order to bring before council due to the applicants requesting postponements. Mayor Linnartz addressed Consent items 1D and 1F after the before mentioned items taken out of order. A) Discuss and consider approval of the sale of 2.5 acres of real property by the City of New Braunfels to the San Antonio Food Bank and the authorization for the City Manager to execute the deed and related closing documents including an Amended Development Agreement for the property which is legally described as Lot 2, Block 1, NB Housing Partners Resource Center, a subdivision in Comal County, addressed as 1530 South Seguin Avenue. Robert Camareno presented this item. No questions were asked. Mayor Pro Tem Bowers moved to approved this item. Councilmember Campos seconded which passed unanimously. B) Public hearing regarding the Program Year 2022 Consolidated Annual Performance and Evaluation Report for the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) and CDBG-CV Grant programs. Mayor Linnartz read the aforementioned item. Jennifer Gates presented this item providing a PowerPoint and addressed questions from council. No action was taken at this time. C) Public hearing and approval of a resolution to amend the Parkway thoroughfare between FM 1863 and SH 46 in the City of New Braunfels Regional Transportation Plan. Garry Ford presented this item providing a PowerPoint and addressed questions from council along with Tom Hornseth with Comal County. The following individuals spoke at this time: Brian Dietz, Jonathon Packard, Name Laurie Klock, John Turcotte, and Bobby Voges. Councilmember Campos moved to approve this item. Councilmember Spradley seconded this motion which passed with one opposing vote. Monday, November 27, 2023 New Braunfels City Council Regular Meeting  Mayor Linnartz took a 5 minute recess. Opposed: Councilmember Labowski D) Public hearing and first reading of an ordinance to amend Chapter 118 Subdivision Platting, Section 46 Streets, Subsection (y), Traffic Impact Analysis. Mayor took a 10 minute break. Mayor Linnartz read the aforementioned item. Garry Ford presented this item providing a PowerPoint and addressed questions from council and guests. The following individuals spoke at this time: Loree Shrank. Councilmember Spradley moved to approve this item. Councilmember Campos seconded the motion which passed unanimously. E) Public hearing and approval of a resolution to amend Seminole Drive as a Minor Collector between Alves Lane and FM 1101 in the City of New Braunfels Regional Transportation Plan. Mayor Linnartz read the aforementioned item Garry Ford presented this item providing a PowerPoint and addressed questions from council and the audience. The following individuals spoke at this time: Martin Nealeigh, Jodi Smith, Joy McCarty, and Cynthia Nealeigh. Councilmember Campos moved to deny the removal of Seminole Dr. as a minor collector between Alves Lane and FM 1101 and to approve Seminole Dr. as a minor collector between Alves Lane and FM 1101 with staff recommendations. Councilmember Willis seconded the motion which was approved with two (2) in opposition. Opposed: Councilmember Spradley, and Councilmember Labowski F) Public hearing and first reading of an ordinance to rezone 0.38 acres out of New City Block 4071, Schneider Addition, Lots 7 & 8, from Monday, November 27, 2023 New Braunfels City Council Regular Meeting  SND-1 (Special Neighborhood District-1) to R-3L (Multifamily Low-Density District) currently addressed at 605 South Santa Clara Avenue. Mayor Linnartz read the aforementioned item and asked the applicant to come forward and explain why he wanted a postponement. James Griffin came forward and explained why they were requesting a postponement, noting they wanted to do a better job of reaching out to the neighboring property owners. Councilmember Campos moved to approve the postponement and to revisit this item with a date certain on December 11, 2023. Councilmember Willis seconded the motion which passed with one opposed. Opposed: Councilmember Spradley G) Public hearing and first reading of an ordinance regarding the proposed rezoning of 3.058 acres out of the A.P. Fuquay Survey No. 35, Abstract No. 155 from C-1Br37 AH (General Business District with Restrictions, Airport Overlay) to C-1Br37 SUP AH (General Business District with Restrictions, Airport Overlay, with a Special Use Permit for an Assembly Hall/Area with Outside Music), located northwest of Hunter Road, between Old FM 306 and FM 306. Mayor Linnartz read the aforementioned item. Keaton Lane requested postponement for a date certain of January 8 to decide if it is their desire to pursue this item. The following individuals spoke at this time: Mark Nealeigh, John Cranford, Jodi Smith, Ken Pelato, Paul Williams, and David Drostata. No motion was made for postponement. The item will go forward on individual items for consideration. Mayor read the aforementioned item for the second time. Matthew Simmont presented this item providing a PowerPoint and answered questions from council. Keaton Lane presented his position, providing a PowerPoint, for Monday, November 27, 2023 New Braunfels City Council Regular Meeting  moving forward with a bar with outdoor music. The following individuals spoke at this time: Ken Palato, David Drastata, Jodi Drastata, Ken Palato, John Cranford, Pam McElrath, Paul Williams, David Warmke, Tracy Davis, Virginia Stewart, and Dan Krueger Councilmember Spradley moved to reject the zoning change with a SUP. Councilmember Labowski seconded the motion which passed with three (3) opposing. Opposed: Mayor Linnartz, Councilmember Campos, and Councilmember Ryan H) Public hearing and first reading of an ordinance to rezone 0.153 acres out of City Block 1001, South 70 feet of Lot 124 (B) from C-2 HD (General Business District with Historic District Overlay) to C-2 HD SUP (General Business District with Historic District Overlay and a Special Use Permit for Short-Term Rental of a Residence), currently addressed as 147 South Academy Avenue. Mayor Linnartz read the aforementioned item. Jean Drew presented this item providing a PowerPoint and addressed questions from council. Councilmember Campos moved to approve this item. Councilmember Ryan seconded the motion which passed unanimously. I) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 10.094 acres out of Orilla Russell Survey, Section 2, Abstract 485 from APD (Agricultural/Pre-Development District with Airport Overlay) to C-1B (General Business District with Airport Overlay), located east of the intersection of FM 1102 and Orion Drive. Mayor Linnartz read the aforementioned item. Matthew Simmont presented this item providing a PowerPoint and addressed questions from council. Applicant James Ingalls spoke to council with details about the rezoning. The following individual spoke to this item: Brenda Dunn Monday, November 27, 2023 New Braunfels City Council Regular Meeting  Councilmember Campos moved to approve this item. Councilmember Ryan seconded the motion which passed unanimously. Opposed: Councilmember Spradley, and Councilmember Labowski J) Public hearing and first reading of an ordinance to rezone approximately 13 acres out of A. M. Esnaurizar Survey, Abstract 20, from APD AH (Agricultural/Predevelopment District with Airport Overlay) to C-1A AH (Neighborhood Business District with Airport Overlay), currently addressed at 1807 FM 758. Mayor Linnartz read the aforementioned item. Matthew Simmont presented this item providing a PowerPoint and addressed questions from council. The following individuals spoke to this item: Applicant - Juan Vasquez Super Majority vote needed. Councilmember Spradley moved to approve this item. Councilmember Campos seconded the motion which passed unanimously. K) Public hearing and first reading of an ordinance regarding amendments to Chapter 106, Signs, Chapter 98, Planning, Chapter 144, Zoning, and Appendix D, fees, all regarding the duties and name of the Zoning Board of Adjustment Mayor Linnartz read the aforementioned item. Christopher Looney presented this item providing a PowerPoint and addressed questions from council. Councilmember Spradley moved to approve this item. Councilmember Ryan seconded the motion which passed unanimously. 3. EXECUTIVE SESSIONS Monday, November 27, 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 the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney and the City Manager in accordance with Section 551.074 of the Texas Government Code. - City Attorney - City Manager Mayor Linnartz read the aforementioned item. Mayor recessed into closed session at 10:25 p.m. 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Linnartz returned to open session at 10:30 p.m. Mayor Pro Tem Bowers made a motion and a vote of confidence in favor of our city attorney Valeria Acevedo by increasing her salary five percent for a total of $208,383.00. Councilmember Campos seconded the motion which passed unanimously. ADJOURNMENT Mayor Linnartz adjourned at 10:31 p.m. By: ______________________________ NEAL LINNARTZ, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, November 27, 2023 New Braunfels City Council Regular Meeting Monday, November 27, 2023 New Braunfels City Council Regular Meeting