City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, JANUARY 13, 2020 at 6:00 PM Barron Casteel, Mayor Matthew E. Hoyt, Councilmember (District 4) Shane Hines, Councilmember (District 1) Wayne Peters, Mayor Pro Tem (District 5) Justin Meadows, Councilmember (District 2) Leah A. García, Councilmember (District 6) Harry Bowers, Councilmember (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 INVOCATION: Councilmember Bowers PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. PROCLAMATIONS: A) Martin Luther King, Jr. Day B) Mentoring Month C) 2019 Wassail Meister Winners PRESENTATIONS: A) Roadway Impact Fee Program Collected Fees. Garry Ford, City Engineer 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of December 9, 2019. Patrick Aten, City Secretary 2. CITIZENS' COMMUNICATIONS [1]  City Council Agenda January 13, 2020 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. 3. 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. Resolutions & Action Items A) Approval of the Mayoral appointment of one individual to the New Braunfels Partnership Committee for a term ending August 1, 2020. Patrick Aten, City Secretary B) Approval of the appointment of one individual to the New Braunfels Housing Authority for a term ending January 22, 2022. Patrick Aten, City Secretary C) Approval to authorize the closure of sections of W. San Antonio Street for Cycloviva, an on streets event on Sunday, April 19, 2020. Stacey Dicke, Parks and Recreation Director D) Approval to renew the following annual contracts, as allowed for by their contract language: Banking Depository Services, Financial Advisory Services, Firefighter Physical Exams, Bond Counsel Services and Hotel Occupancy Tax Collection and Compliance Services. Debbie Kimball, Buyer E) Approval of a service agreement with Westnet, Inc. for onsite maintenance, repair and technical support for the City’s fire stations alerting system. Debbie Kimball, Buyer F) Approval of an annual contract awarded to Magic in the Sky, Inc. to perform pyrotechnic fireworks display services for the City of New Braunfels Parks and Recreation Department’s annual 4th of July celebration and other events as identified by the City. Stacey Dicke, Parks and Recreation Director G) Approval of issuance of contract modification with Kimley-Horn and Associates, Inc. to complete work on the City’s draft Street Design Guide and Roadway Construction Standard Details; and authority for the City Manager to approve any change orders up to a 10 percent contingency amount for project expenditures. Garry Ford, City Engineer [2]  City Council Agenda January 13, 2020 H) Approval to authorize the City Manager to enter into a license agreement between the City of New Braunfels and Moreline Properties, Ltd. for encroachments in the public right-of-way at the intersection of Hunter Road and Spring Row Street and Hunter Road and Hillsong Street. Garry Ford, City Engineer I) Approval of a resolution recommended by the New Braunfels Economic Development Corporation to provide up to $140,000 to the Spark Small Business Center for operation of the Small Business Development Satellite Center in 2019-2020. Jeff Jewell, Director of Economic and Community Development J) Approval to purchase equipment for the City’s Public Works Streets & Drainage Division staff, from Asphalt Zipper, Inc., Holt Texas, Ltd., Texas Tractor Country and Professional Plotter Technologies and approval to declare any replaced equipment as surplus as trade-ins will generate a cost savings to the City. John Cox, Streets & Drainage Manager K) Approval of a professional services contract with Doucet & Associates Inc. to provide engineering services for the design of green stormwater retrofits to be installed within the Landa Park Aquatics Center parking lot. Mark Enders, Watershed Program Manager L) Approval of a professional services contract with Doucet & Associates Inc. to provide engineering design services for green stormwater retrofits to be installed at the Headwaters at the Comal facility. Mark Enders, Watershed Program Manager M) Approval of a contract modification for additional services with Moeller & Associates Engineering Solutions to complete Subsurface Utility Engineering on Barbarosa Road/Saur Lane between FM 1101 and FM 758. Joshua Niles, Capital Project Manager N) Approval of issuance of contract modification with Pape-Dawson Engineers, Inc. to continue their work on updating the City’s Drainage Area Master Plan; and authority for the City Manager to approve any change orders up to a 10 percent contingency amount for project expenditures. Garry L. Ford, City Engineer [3]  City Council Agenda January 13, 2020 Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) O) Approval of the second and final reading of an ordinance amending the City of New Braunfels Code of Ordinances, Chapter 106, Signs, in terms of allowed sizes of electronic message signs, and calculation methods for monument sign sizes. Christopher J. Looney, AICP, Planning and Development Services Director P) Approval of the second and final reading of an ordinance amending the Code of Ordinances, Chapter 78 - Library, Article III - Fees, Fines and Borrower Eligibility, Section 78-33 which establishes the fines on overdue materials, and removal of language in Section 78-32 - lost library card fee, Section 78-34 - processing fees, to reflect current Library policies and procedures Gretchen Pruett, Library Director Q) Approval of the first reading of an ordinance amending the Code of Ordinances, Chapter 86, Section 95, to include a free wristband option to allow tubers to enter the Comal River below the City Tube Chute. Amy Niles, River Operations Manager 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the second and final reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit on 45 acres out of the Orilla Russell League Survey, No. 2, Abstract No. 485, located on the south side of Orion Drive and east of the Union Pacific Rail Road, to allow a manufactured home community in the “M-1A” Light Industrial District. Christopher J. Looney, Planning and Development Services Director B) Discuss and consider approval of a resolution regarding improvements to the Landa Park Drive Bridge at the Mill Pond. Greg Malatek, Director of Public Works C) Discuss and consider approval of the first reading of an ordinance regarding the proposed abandonment and sale of approximately 0.45 of an acre of street right-of-way located at the terminus of North Houston Avenue. Stacy Snell, Planning and Development Services Assistant Director D) Discuss and consider a request for a conditional sign permit for East Common Place Owners Association, to allow a proposed monument sign to exceed the adopted height and sign area standards, addressed [4]  City Council Agenda January 13, 2020 at 1523 - 1535 East Common Street. Stacy Snell, Planning and Development Services Assistant Director E) Public hearing and first reading of an ordinance regarding the proposed rezoning of 5 acres out of the Orilla Russell Survey No. 2, addressed at 2841 Goodwin Lane, from “APD” Agricultural/Pre-Development District to “C-1B” General Business District. Christopher J. Looney, Planning and Development Services Director F) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 19.1 acres out of the A M Esnaurizar A-1 Survey, addressed at 850 Highway 46 South, from “R-2” Single and Two-family District to “ZH-A” Zero Lot Line Home District. Christopher J. Looney, Planning and Development Services Director G) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow a bed and breakfast in the “R-2” Single and Two-family District on Lot 45, Block 4, Rio Vista Addition, addressed at 683 Albert Street. Stacy Snell, Planning and Development Services Assistant Director H) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow the short-term rental of a single-family dwelling and accessory dwelling unit in the “C-3” Commercial District, addressed at 676 S. Santa Clara Avenue. Christopher J. Looney, Planning and Development Services Director I) Public hearing and first reading of an ordinance amending the Code of Ordinances, Chapter 144 Zoning, Section 5.22, Nonresidential and Multifamily Design Standards, Section 3.6-3, Special Use Permits, Section 5.5, Home Occupation, and Section 5.8, Industrialized Housing, to comply with new state law. Christopher J. Looney, Planning and Development Services Director J) Discuss and consider a request for a conditional sign permit to allow a proposed monument sign to exceed the adopted sign face area standards for a proposed gas station in the C-1A, Neighborhood Business District, addressed at 855 W. Klein Rd. Stacy Snell, Planning and Development Services Assistant Director K) Discuss and consider potential revisions to the City Charter. Wayne Peters, Mayor Pro Tem 5. EXECUTIVE SESSIONS [5]  City Council Agenda January 13, 2020 In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. A) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code, including but not limited to: · Project Maintenance B) Deliberate the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code. · City properties 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: · Carowest Land, Ltd. vs. Yantis Company and the City of New Braunfels, (all cases including appeals) · Yantis Company vs. City of New Braunfels, et. al. (2014 case) · State Comptroller’s draft rule amending the Texas Administrative Code, Section 3.334, relating to Local Sales and Use Taxes · Chapter 380 Economic Development Agreement with Continental Automotive Systems, Inc. · Project Girard NOTE: 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). 6. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. 7. ADJOURNMENT CERTIFICATION [6]  City Council Agenda January 13, 2020 I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall on January 8, 2020, at 2:00 p.m. _____________________________________ Patrick Aten, 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. [7]