City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, MARCH 9, 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 Hines PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. PRESENTATIONS: A) Presentation and update on Das Rec operations. Kelsey Heiden, Recreation Center Manager B) Presentation from Comal County Water Improvement District representatives providing updates on community infrastructure and a summary of proposed issuance of bonds by Comal County WID No. 1A Julie Peak, Masterson Advisors, and Peter James, Veramendi Development Company C) Presentation from Comal County Master WID on addition of land encompassing the Regional Stormwater Facility inundation area and associated drainageways. Dan Ryan, P.E., LIA ENgineering 1. MINUTES A) Discuss and consider approval of the minutes of the regular City [1]  City Council Agenda March 9, 2020 Council meeting of February 24, 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 adopting an order cancelling the May 2, 2020 Regular Election for Mayor and City Council Districts Five and Six; and declaring the candidates for Mayor and City Council Districts Five and Six Elected. Patrick Aten, City Secretary B) Approval of a contract with MAC, Inc. for sidewalk construction and roadway repairs and authorization for the City Manager to approve any necessary project expenditures up to the seven percent contingency on the Kerlick Lane Improvements Project as a part of the 2019 Bond Program. Jennifer Cain, Capital Programs Manager C) Approval of a contract with ESRI’s ArcGIS Enterprise Software for a three-year software license agreement for a total cost of $150,750. Tony Gonzalez, Director of Information Technology D) Approval to issue professional services agreements with Sunland Group, Inc. and Masterplan to review various permit applications including but not limited to building plans and sign permits submitted to the City for compliance with the adopted zoning and sign ordinances. Christopher J. Looney, Planning and Development Services Director E) Approval to renew the following annual contracts, as allowed for by their contract language: Investment Advisory Services, Fleet Fuel Services, and Road Construction Materials. Debbie Kimball, Buyer F) Approval of a resolution; a ratification of the submission of an application for funding of the purchase of Hazmat equipment utilizing a [2]  City Council Agenda March 9, 2020 U.S. Department of Homeland Security, State Homeland Security Program - Regular Projects Grant for Program Year 2021; and authorization for the City Manager to act on behalf of the City in all matters related to this grant. Patrick O'Connell, Fire Chief G) Approval of a resolution; a ratification of the submission of an application for funding of a Crime Analyst position utilizing a U.S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program as administered by the Office of the Governor, Public Safety Office, Criminal Justice Division’s Criminal Justice Program grant for Program Year 2021; and authorization for the City Manager to act on behalf of the City in all matters related to this grant. Tom Wibert, Chief of Police H) Approval of annual routine recurring expenditures for FY 2019-20 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager I) Approval of contracts with Dave’s Cleaners and Star Brite Cleaners to provide professional uniform cleaning services for the City of New Braunfels. Debbie Kimball, Buyer J) Approval of the purchase and installation of a modular home from Titan Factory Direct to temporarily house Fire Station No. 3 staff during the construction phase of the new fire station rebuild. Matt Eckmann, Facilities & Real Estate Manager K) Approval of a contract with Freese and Nichols for engineering services associated with City-owned dams including Landa Park Lake Dam, Fischer Park No. 1 Dam, Fischer Park No. 2 Dam and Comal River Tube Chute Dam. Mark Enders, Watershed Program Manager L) Approval for the City Manager to enter into a wastewater service agreement with Guadalupe-Blanco River Authority (GBRA) and its agents to provide engineering design, bid phase services, construction phase services and construction installation of an off-site gravity wastewater line that will provide wastewater service for the Sports Complex as part of the 2019 Bond Program, as well as convey a 25’ sewer easement along the northeast property line for future GBRA sewer service extension. [3]  City Council Agenda March 9, 2020 Jennifer Cain, Capital Programs Manager M) Approval to authorize the City Manager to execute two Interlocal Agreements with purchasing cooperatives Omnia Partners and Sourcewell in accordance with Texas Government Code 791, Texas Interlocal Cooperation Act. Barbara Coleman, Purchasing 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.) N) Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 7.81 acres consisting of Lots 1 & 3, LeBlanc Subdivision, located northeast of the intersection of Ridgewood Avenue and Porter Street, from “R-2” Single-Family and Two-Family District and “C-1” Local Business District to “C-O” Commercial Office District. Christopher J. Looney, Planning and Development Services Director O) Approval of the second and final reading of an ordinance regarding amendments to the City’s Code of Ordinances, Chapter 144 Zoning, Section 5.3-1(b) Landscaping, related to dumpster screening. Christopher J. Looney, Planning and Development Services Director P) Approval of the second and final reading of an ordinance amending Chapter 144, Zoning, Section 1.4 Definitions, and Section 5.17 Short term rental or occupancy. Christopher J. Looney, Planning and Development Services Director 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of the appointment of five individuals to the Historic Landmark Commission for terms ending April 7, 2024. Patrick Aten, City Secretary B) Discuss and consider approval of the appointment of two individuals to the Heritage Commission for terms ending March 11, 2023. Patrick Aten, City Secretary C) Public hearing and consideration of the first reading of an ordinance establishing the MP-1 (Main Plaza - 1) Overlay District, and the proposed rezoning of approximately 1.274 acres consisting of Lots 36, 40, 41, and 42, City Block 1005, situated on the northeast corner of Main Plaza and currently addressed as 236 Main Plaza, from C-2, HO (General Business Downtown Historic) District to C-2, HO, MP-1 [4]  City Council Agenda March 9, 2020 (General Business, Downtown Historic, Main Plaza-1 Overlay) District. Christopher J. Looney, Planning and Development Services Director, and Applicant/Owner: New Braunfels Utilities; Ian Taylor, CEO D) Discuss and consider approval of a resolution authorizing the use of Eminent Domain Proceedings under Chapter 251 of the Texas Local Government Code and Section 2.03 and Section 11.08 of the City of New Braunfels Municipal Charter, being a 1.245 acre utility easement, a 1.769 acre temporary construction easement, and a .139 Acre temporary construction easement, on the Parcels owned by Kreusler, LTD., as described and recorded in Volume 2693, Page 571 and 569, Respectively, of the Official Public Records of Guadalupe County, Texas to advance and achieve the public use of the New Braunfels Utilities 30” Water Main Extension Project. Ian Taylor, NBU CEO E) Discuss and consider approval of a resolution authorizing the use of Eminent Domain Proceedings under Chapter 251 of the Texas Local Government Code and Section 2.03 and Section 11.08 of the City of New Braunfels Municipal Charter, (i) being a .700 acre sanitary sewer easement, a .462 acre temporary construction easement, and a .570 Acre temporary construction easement, on the Parcels owned by Myrtle Marie Properties LLC, as described and recorded in document No. 201806047340 of the Official Public Records of Comal County, Texas, and (ii) being a .145 acre sanitary sewer easement, a .097 acre temporary construction easement, a .143 acre sanitary sewer easement, a .098 acre temporary construction easement, a .192 acre sanitary sewer easement, a .131 acre temporary construction easement, a .139 acre sanitary sewer easement, and a .095 acre temporary construction easement, on the Parcels owned by Joshua Owens aka J.W. Owens, as described and recorded in document No. 201606014208, document No. 201506030346, and document No. 201606044826, Respectively, of the Official Public Records of Comal County, Texas, to Advance and Achieve the Public Use of the New Braunfels Utilities North Kuehler 42” Wastewater Interceptor Upgrade and Extension Project. Ian Taylor, NBU CEO F) Public hearing and first reading of an ordinance regarding the proposed rezoning of Lot 2 Block A, Tri City Subdivision, addressed at 451 FM 306, from “M-1” Light Industrial to “MU-B” High Intensity Mixed Use District. [5]  City Council Agenda March 9, 2020 Christopher J. Looney, Planning and Development Services Director G) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 24.54 acres out of the O. Russell Survey No. 2, Abstract 306 and N. Kenner Survey No. 3, Abstract 306, located on the north side of N. Conrads Lane between Black Cloud Drive and the Union Pacific Rail Road, from “R-1A-6.6” Single Family District to “ZH-A” Zero Lot Line Home District. Christopher J. Looney, Planning and Development Services Director H) Discuss and consider approval of and authorization for the City Manager to execute a Lease Agreement and Development Agreement between the City of New Braunfels and the San Antonio Food Bank for 2.5 acres of land which is legally described as Lot 2, Block 1, NB Housing Partners Resource Center, a subdivision in Comal County, Texas, addressed as 1530 South Seguin Avenue. Robert Camareno, City Manager 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 pending/contemplated litigation, settlement offers, and matters related to 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: · Project TxGLO 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 March 9, 2020 I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall on March 4, 2020, at 5:00 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]