City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, APRIL 27, 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 Hoyt 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 B) Presentation, discussion, and possible direction regarding a special allocation of $243,102 in U.S. Department of Housing and Urban Development’s Community Development Block Grant Coronavirus (CDBG-CV) funds from the CARES Act to be utilized by the City to prevent, prepare for, and respond to the coronavirus (COVID-19). Jennifer Gates, Grants Coordinator 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of April 13, 2020. Patrick Aten, City Secretary 2. **IN-PERSON CITIZENS' COMMUNICATIONS IS TEMPORARILY SUSPENDED** [1]  City Council Agenda April 27, 2020 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 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 two individuals to the Downtown Board for terms ending May 31, 2023. Patrick Aten, City Secretary B) Approval of the Mayoral appointment of three individuals to the Reinvestment Zone No. 1 (TIRZ) Board of Directors and the New Braunfels Development Authority for terms ending May 29, 2022. Patrick Aten, City Secretary C) Approval of the appointment of one individual to the Airport Advisory Board for a term ending May 12, 2023. Patrick Aten, City Secretary D) Approval of the appointment of one individual to the New Braunfels Economic Development Corporation Board of Directors for a term ending October 9, 2020. Patrick Aten, City Secretary E) Approval of the appointment of three individuals to the Watershed Advisory Committee for terms ending April 18, 2022 and April 18, 2023. Patrick Aten, City Secretary F) Approval of contracts with the law firm of Terrill & Waldrop for representation in two legal actions: MST 35 #6, LLC. & Dathan Faulkner v. Zoning Board of Adjustment of the City of New Braunfels, Texas, and Rafael Marfil, et. al. v. City of New Braunfels. Valeria Acevedo, City Attorney G) Approval of a job order contract with Seidel Construction and approval of an appropriate budget amendment for the restoration of the façade walls around the downtown restroom facility to include vegetation removal, pressure washing, mortar repair and painting. Jennifer Cain, Capital Programs Manager H) Approval of a task order with Sullivan Contracting Services under their [2]  City Council Agenda April 27, 2020 Choice Partners Cooperative Contract in the amount of $111,160 for improvements to the NBU Headwaters at the Comal property and authority for the City Manager to approve any changes up the contingency amount for project expenditures to provide temporary housing for the Fire Station #3 staff and equipment during the construction of the new Fire Station #3 as 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.) I) Approval of the second and final reading of an ordinance amending Chapter 144, Zoning, Section 3.6, Special Use Permits. Christopher J. Looney, Planning and Development Services Director J) Approval of the second and final 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 K) Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 49 acres out of the William H. Pate Survey No. 22, A-259, currently addressed at 2272 FM 1044, from "APD" Agricultural/Pre-Development to “R-1A-4” Single-family Small Lot Residential District. Christopher J. Looney, Planning and Development Services Director L) Approval of the second and final 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. Christopher J. Looney, Planning and Development Services Director M) Approval of the second and final 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) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 24.54 acres out of the O. Russell Survey No. [3]  City Council Agenda April 27, 2020 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 “R-1A-5.5” Single-Family Residential District. Christopher J. Looney, Planning and Development Services Director B) 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 two-family dwelling in the C-2 General Business District addressed at 274 E. Zink Street. Christopher J. Looney, Planning and Development Services Director C) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow recorded outdoor music through two overhead speakers in the "C-1" Local Business District and adjacent to residential use, on Lot 1A, Grandview Addition, addressed at 1440 N. Walnut Avenue. Christopher J. Looney, Planning and Development Services Director D) Discuss and considered the approval of the appointment of three individuals to the Central Texas Technology Center Advisory Board for terms ending April 26, 2021, and April 26, 2023. Patrick Aten, City Secretary 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; · MST 35 #6, LLC. and Dathan Faulkner v. Zoning Board of Adjustment of the City of New Braunfels, Texas; · Carowest Land, Ltd. v. Yantis Company and City of New Braunfels (all cases, including appeal); · Yantis Company v. City of New Braunfels et. al. (2014 case); · Stop the Ordinances Please et.al. v. City of New Braunfels. B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code, [4]  City Council Agenda April 27, 2020 including but not limited to: · 5P NH Holding Company, LLC. and affiliates d/b/a New Horizons Learning Centers 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 22, 2020, at 4:00 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]