City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, FEBRUARY 10, 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 Garcia PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. PROCLAMATIONS: A) LULAC Week B) Black History Month C) Engineers Week D) George Washington Day PRESENTATIONS: A) Presentation regarding the City’s upcoming Community Development Block Grant 2020-2024 Consolidated Plan, and associated supporting components, for the U.S. Department of Housing and Urban Development. Jennifer Gates, Grants Coordinator 1. MINUTES A) Discuss and consider approval of the minutes of the special City [1]  City Council Agenda February 10, 2020 Council meeting of January 21, 2020, and the regular City Council meeting of January 27, 2020. Patrick Aten, City Secretary 2. 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. 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 a resolution ordering a Regular Election to be held in the City of New Braunfels on May 2, 2020, for Regular City Officers; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. Patrick Aten, City Secretary B) Approval to authorize the City Manager to enter into an agreement between the City of New Braunfels and Comal County regarding election services for the May 2, 2020 municipal elections. Patrick Aten, City Secretary C) Approval of issuance of a professional services agreement to Sunland Group, Inc. to provide third-party review services to ensure compliance with currently adopted building codes on the Wurstfest Marktplatz reconstruction project. Kevin “KC” Collins, Building Official D) Approval for the purchase a new 2020 Freightliner dump truck from Freightliner of Austin utilizing BuyBoard cooperative contract for use by the Streets & Drainage Division of Public Works. John Cox, Streets & Drainage Manager/Public Works E) Approval of a resolution authorizing the City Manager to enter into an Interlocal Agreement with Comal County to provide Household Hazardous Waste Collection events for the City of New Braunfels and Comal County. Michael Mundell, Solid Waste Manager F) Approval of a contract with D&S Concrete Contractors for sidewalk [2]  City Council Agenda February 10, 2020 construction and authorization for the City Manager to approve any change order up to the seven percent contingency amount as well as all necessary project expenditures for the sidewalk project in the Oak Run subdivision as a part of the 2019 Bond Program. Jennifer Cain, Capital Programs Manager 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 first reading of an ordinance amending the classifications in the New Braunfels Fire Department by reclassifying a battalion chief position to assistant fire chief. Nokihomis Willis, Human Resources Director, and Patrick O’Connell, Fire Chief H) Approval of the second and final 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 I) Approval of the second and final reading of an ordinance ordering a special election to be held in the City of New Braunfels on May 2, 2020, for proposed amendments to the City Charter; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. Patrick Aten, City Secretary J) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 47.5 acres out of the AM Esnaurizar Survey, Abstract 98, addressed at 440 Kohlenberg Road, from “APD” Agricultural/Pre-Development District to “M-1A” Light Industrial District. Christopher J. Looney, Planning and Development Services Director K) Approval of the second and final reading of an ordinance to install an all-way stop at the intersection of Black Cloud Drive and Stratus Path. Garry Ford, City Engineer L) Approval of the second and final reading of an ordinance amending Section 126-186 of the Code of Ordinances to prohibit through truck traffic on Airport Road. Garry Ford, City Engineer 4. INDIVIDUAL ITEMS FOR CONSIDERATION [3]  City Council Agenda February 10, 2020 A) Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances, Chapter 100 Roadway Impact Fees, to update the assessment, calculation, collection and offsets of roadway impact fees based on the approved update to the City of New Braunfels Roadway Impact Fee Study. Garry Ford, City Engineer B) Discuss and consider the second and final reading of an ordinance regarding a proposed rezoning of 2.55 acres out of Lot 2A2, Block 1, Oak Run Commercial Reserve 2, located on North State Highway 46 near the northwest intersection of Oak Run Parkway and State Highway 46, from “C-1A” Neighborhood Business District to “C-1B” General Business District. Christopher J. Looney, Planning and Community Development Director C) Discuss and consider an appeal of the denial of a Certification of Alteration by the Historic Landmark Commission to demolish the structures located on the property currently addressed as 173 East San Antonio Street and 189 East San Antonio Street, which are located in the Downtown Historic District. Amy McWhorter, Historic Preservation Officer 5. EXECUTIVE SESSIONS 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 the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code. · Wurstfest lease B) 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: · Condemnation of easements on, under, and across: a. Parcels Owned by Kreusler, LTD., a 1.254 Acre Permanent Utility Easement, 1.769 Acre Temporary Construction Easement, and a 0.139 Acre Temporary Construction Easement b. Parcel Owned by Faust Street Bridge River Venue LLC, a 0.228 Acre Sanitary Sewer Permanent Easement, 0.125 Acre Temporary Construction Easement, and a 0.003 Acre Temporary Construction [4]  City Council Agenda February 10, 2020 Easement c. Parcel Owned by DRT-PMP Land LLC i. a 0.206 Sanitary Sewer Permanent Easement, 0.160 Acre Sanitary Sewer Permanent Easement, 0.090 Acre Temporary Construction Easement, 0.238 Acre Temporary Construction Easement, 0.006 Acre Temporary Construction Easement, 0.080 Acre Temporary Construction Easement, and a 0.068 Acre Temporary Construction Easement; ii. a 0.048 Acre Sanitary Sewer Permanent Easement and a 0.006 Acre Temporary Construction Easement; and iii. a 0.406 Acre Sanitary Sewer Permanent Easement, 0.248 Acre Temporary Construction Easement, and a 0.003 Acre Temporary Construction Easement d. Parcel Owned by Myrtle Marie Properties LLC, a 0.700 Acre Sanitary Sewer Permanent Easement, 0.462 Acre Temporary Construction Easement, and a 0.570 Temporary Construction Easement e. Parcels Owned by Joshua Owens i. a 0.145 Acre Sanitary Sewer Permanent Easement and a 0.097 Acre Temporary Construction Easement; ii. a 0.143 Acre Sanitary Sewer Permanent Easement and a 0.098 Acre Temporary Construction Easement; iii. a 0.192 Acre Sanitary Sewer Permanent Easement and a 0.131 Acre Temporary Construction Easement; and iv. a 0.139 Acre Sanitary Sewer Permanent Easement and a 0.095 Acre Temporary Construction Easement 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 [5]  City Council Agenda February 10, 2020 I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall on February 5, 2020, at 1:00 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. [6]