City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING ZOOM 550 LANDA STREET MONDAY, APRIL 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. 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 23, 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 or submit the form at www.nbtexas.org/comment. Comments will be distributed to the City Council. 3. CONSENT AGENDA [1]  City Council Agenda April 13, 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 the appointment of one individual as an alternate to the Construction Board of Appeals for a term ending February 24, 2023. Patrick Aten, City Secretary B) Approval of the appointment of Councilmember Shane Hines as the regular member to the Alamo Area Metropolitan Planning Organization’s Transportation Policy Board. Patrick Aten, City Secretary C) Approval of a resolution; a ratification of the submission of an application for funding offered by the Texas Department of Transportation, Texas Traffic Safety Program’s Selective Traffic Enforcement Program - Commercial Motor Vehicle FY 2021 grant; and authorization for the City Manager to act on behalf of the City in matters as required by the grant. Tom Wibert, Chief of Police D) Approval of a resolution; a ratification of the submission of an application for funding offered by the Texas Department of Transportation, Texas Traffic Safety Program’s Selective Traffic Enforcement Program - Comprehensive FY 2021 grant; and authorization for the City Manager to act on behalf of the City in matters as required by the grant. Tom Wibert, Chief of Police E) Approval of a resolution; a ratification of the submission of an application for funding of the purchase of emergency response and rescue equipment utilizing a U.S. Department of Homeland Security, Urban Area Security Initiative - 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 Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) F) Approval of the second and final reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow the short term [2]  City Council Agenda April 13, 2020 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 J. Looney, Planning and Development Services Director G) Approval of the second and final 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 J. Looney, Planning and Development Services Director H) Approval of the second and final 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 J. Looney, Planning and Development Services Director I) Approval of the second and final reading of an ordinance amending Chapter 144, 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 J) Approval of the second and final reading of an ordinance amending the existing freight loading zones on Castell Avenue. Garry Ford, P.E., City Engineer K) Approval of the first reading of an ordinance to restrict parking on Comal Avenue near Lindheimer Plaza. Garry Ford, P.E., City Engineer 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of an ordinance to order the postponement of the Special Election on proposed amendments to the City Charter from May 2, 2020, to November 3, 2020; and declaring an emergency. Patrick Aten, City Secretary B) Discuss and consider approval of the second and final reading of an [3]  City Council Agenda April 13, 2020 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 C) 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 “R-1A-4” Single-family Small Lot Residential District, previously proposed to be "ZH-A" Zero Lot Line Home District. Christopher Looney, Planning and Development Services Director D) 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 “R-1A-4” Single-family Small Lot Residential District, previously proposed to be “ZH-A” Zero Lot Line Home District. Christopher J. Looney, Planning and Development Services Director E) Public hearing and first reading of an ordinance amending Chapter 144, Zoning, Section 3.6, Special Use Permits. Christopher J. Looney, Planning and Development Services Director F) Public hearing and first reading of an ordinance amending Chapter 144, Zoning, Section 5.3 Landscaping, tree preservation, public trees and screening. Christopher J. Looney, Planning & Development Services Director G) Discuss and consider approval of an ordinance authorizing the issuance of “City of New Braunfels, Texas, Utility System Revenue Refunding and Improvement Bonds, Series 2020,” pledging the net revenues of the City’s Waterworks, Sanitary Sewer and Electric Light and Power Systems to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of said bonds; establishing procedures for the sale and delivery of said Bonds; delegating matters relating to the sale and issuance of said Bonds to authorized City and Systems officials and providing an effective date. Ian Taylor, NBU CEO H) Discuss and consider approval of a resolution by the New Braunfels [4]  City Council Agenda April 13, 2020 Economic Development Corporation amending the contract with the Spark Small Business Center to provide up to $60,000 in additional funding for augmented business counseling services necessary due to the State of Local Disaster during the COVID-19 pandemic. Jeff Jewell, Director of Economic and Community Development 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: · Rafael Marfil, et al. v. City of New Braunfels 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 April 8, 2020, at 4:30 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]