City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, MARCH 23, 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 Meadows PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. PRESENTATIONS: A) Update from the City Manager on the City’s Response to COVID-19 Robert Camareno, City Manager 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of March 9, 2020. Patrick Aten, City Secretary 2. **IN-PERSON CITIZENS' COMMUNICATIONS IS TEMPORARILY SUSPENDED** Citizens may email their comments to citizencomments@nbtexas.org or call 221-4299 and leave a voicemail. Comments will be distributed to the City Council. 3. CONSENT AGENDA [1]  City Council Agenda March 23, 2020 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 relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various improvements from the proceeds of the tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date and the appropriate budget amendment. Jared Werner, Chief Financial Officer B) Approval of a contract with Dodson House Moving/Gator Inc. for the demolition/ abatement of a building located at 1614 North IH-35 for a project cost of $36,677.00 as part of the 2019 Bond Program. Jennifer Cain, Capital Programs Manager C) Approval of contracts with the Drenner Group, PC and Bickerstaff Heath Delgado Acosta LLC, for legal services, and MIG, Inc. for planning services related to the development of land in Comal County Water Improvement District No. 3 located in the City’s Extraterritorial Jurisdiction. Valeria Acevedo, City Attorney D) Approval of an amendment to the authorized position listing for Das Rec. Stacey Dicke, Parks & Recreation Director E) Approval of a resolution consenting to the issuance of unlimited tax bonds by Comal County Water Improvement District Number 1a, a water improvement district located with the extraterritorial jurisdiction of the City. Jeff Jewell, Director of Economic and Community Development F) Approval of a resolution of the City of New Braunfels consenting to the addition of certain land into Comal County Master Water Improvement District (Veramendi). Jeff Jewell, Director of Economic and Community Development G) Approval of a resolution of the City of New Braunfels consenting to the addition of certain land into Comal County Water Improvement District Number 1B (Veramendi). Jeff Jewell, Director of Economic and Community Development [2]  City Council Agenda March 23, 2020 H) Approval of contract with Jerdon Enterprises for construction of the Comal CemeteryGuadalupe Riverbank Stabilization Project; authority for the City Manager to approve any changes up the contingency amount for necessary project expenditures; a contract with Raba Kistner Consultants for materials testing services; and a task order with Freese & Nichols for additional design work. Jennifer Cain, Capital Programs Manager I) Approval of the First Amendment between the City of New Braunfels and Cemex to include additional properties in the Industrial District Agreement. Jeff Jewell, Director of Economic and Community Development Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) J) Approval of the second and final 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. Christopher J. Looney, Planning and Development Services Director K) Approval of the second and final 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 (General Business, Downtown Historic, Main Plaza-1 Overlay) District. Christopher J. Looney, Planning and Development Services Director, and Ian Taylor, NBU CEO L) Approval of the first reading of an ordinance to amend the existing freight loading zones on Castell Avenue. Garry Ford, P.E., City Engineer 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of an ordinance regarding the ratification and continuation of the Emergency Declaration of Local Disaster for the City of New Braunfels, Texas, ordered March 17, 2020. Barron Casteel, Mayor B) Discuss and consider approval of an ordinance adopting emergency measures that establishes limitations on social gatherings, restricts [3]  City Council Agenda March 23, 2020 certain activities at food establishments, and requires the closure of certain business due to the Coronavirus pandemic, and other related emergency measures. Barron Casteel, Mayor C) Discuss and consider acceptance of the FY 2018-19 Audit and Comprehensive Annual Financial Report performed by Belt Harris Pechacek, LLLP. Sandy Paulos, Assistant Chief Financial Officer D) 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 in the "C-3" Commercial District on Lot 7 and the eastern 10 feet of Lot 8, City Block 1049, currently addressed at 191 East Faust Street. Christopher Looney, Planning and Development Services Director E) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 49 acres out of the William H. Pate Survey No. 22, A-259, addressed at 2272 FM 1044, from "APD" Agricultural/Pre-Development to "ZH-A" Zero Lot Line Home District. Christopher Looney, Planning and Development Services Director F) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 80.16 acres out of the A.M Esnaurizar Eleven League Grant, Abstract No. 20, located southeast of the 700 block of Saengerhalle Road, from “APD” Agricultural/Pre-Development 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 amending Chapter 144, Zoning, Section 3.4 Zoning districts and regulations for property zoned subsequent to June 22, 1987, and Section 4.2, Land Use Matrix, with the creation of an additional zoning district, R-1A-5.5, Single Family Residential District. Christopher Looney, Planning and Development Services Director H) Public hearing and first reading of an ordinance amending Chapter 144, Zoning, Section 3.4 Zoning districts and regulations for property zoned subsequent to June 22, 1987, and Section 4.2, Land Use Matrix, with the creation of an additional zoning district, R-1A-4, Small Lot Single Family Residential District. Christopher Looney, Planning and Development Services Director I) Public hearing and first reading of an ordinance amending Chapter 144, [4]  City Council Agenda March 23, 2020 Zoning, to establish Section 3.8-8, Wurstfest Special District; and the proposed rezoning of approximately 16 acres from M-2, Heavy Industrial, and R-2, Single Family and Two-Family District to Wurstfest Special District (WSD), located on the north side of Landa Street and extending along Landa Park Drive to Elizabeth Avenue, and currently addressed as 120 and 176 Landa Street, 192, 164, 180, and 178 Landa Park Drive, and 124 Elizabeth Avenue. Christopher J. Looney, Planning and Development Services Director 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 · J3 Company Contract for Klein Road Project 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 I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall on March 20, 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. [5] City Council Agenda March 23, 2020 [6]