City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, DECEMBER 14, 2020 at 6:00 PM Rusty Brockman, Mayor Matthew E. Hoyt, Councilmember (District 4) Shane Hines, Councilmember (District 1) Jason E. Hurta, Councilmember (District 5) Justin Meadows, Mayor Pro Tem (District 2) James Blakey, Councilmember (District 6) Harry Bowers, Councilmember (District 3) Robert Camareno, City Manager To participate via zoom use the following link: https://us02web.zoom.us/j/83369443180 or call (833) 926-2300 with ID#: 833 6944 3180 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 REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: Mayor Rusty Brockman PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) NBCA Volleyball 2020 TAPPS State Champions 20-906 PRESENTATIONS: A) Update from the City Manager on the City’s Response to 20-880 COVID-19 Robert Camareno, City Manager B) Annual Economic Benchmarks Report 20-874 Michael Meek, Greater New Braunfels Chamber of Commerce C) Presentation and possible direction to staff on 20-915 development of Mission Hill Park, Phase 1A. Stacey Dicke, Parks and Recreation Director [1]  City Council Agenda December 14, 2020 D) Presentation and possible direction to staff to amend the 20-894 existing golf cart and neighborhood electric vehicles ordinance to include off-highway vehicles. Greg A. Malatek, Public Works Director 1. MINUTES A) Discuss and consider approval of the minutes of the 20-909 regular City Council meeting of November 23, 2020. Caitlin Krobot, 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 the First Amendment to the Economic 20-901 Development Agreement between the City of New Braunfels and Continental Automotive Systems, Inc. Jeff Jewell, Director of Economic and Community Development B) Approval of a contract with Acme Bridge Co. for the 20-896 construction and realignment of Elizabeth Avenue from Landa Park Drive to approximately Hinman Island Drive in Landa Park, a contract modification with Hicks & Co. for archeological monitoring services of the construction, a task order with Raba Kistner, Inc. for materials testing services and authorization for the City Manager execute any change orders up to the contingency amounts Jennifer Cain, Capital Programs Manager C) Approval of, and authorization for, the City Manager to 20-846 execute a Letter of Understanding and any subsequent conveyance documents between Union Pacific Railroad Company and the City of New Braunfels for the purchase of a portion of right-of-way along Landa Street between Live Oak Avenue and Wald Road which currently [2]  City Council Agenda December 14, 2020 encroaches on Union Pacific right-of-way and the appropriate budget amendment. Matthew Eckmann, Facilities and Real Estate Manager D) Approval of a contract with Sterling McCall Ford for the 20-879 purchase of an ambulance to be housed at Fire Station #1 and declaring the inoperable replacement ambulance surplus. Patrick O’Connell, Fire Chief E) Approval of contracts related to the Edwards Aquifer 20-884 Habitat Conservation Plan program and authorizing the city manager to execute the following: Old Channel Aquatic Vegetation Restoration, Comal River/ Landa Lake Aquatic Vegetation Restoration, Dissolved Oxygen Management, Gill Parasite Control and Riparian Restoration with BIO-WEST, Inc; Non-Native Animal Species Control with Atlas Environmental; Riparian Restoration with EBR Enterprises; and Riparian Restoration with Environmental Survey Consulting. Mark Enders, Watershed Program Manager F) Approval of contracts with Hill International, Inc. for 20-895 onsite Owner’s Representative services associated with the construction of Fire Stations #2 & #3 as part of the 2019 Bond Program. Jennifer Cain, Capital Programs Manager G) Approval of annual routine recurring expenditures for FY 20-885 2021 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager H) Approval of a budget amendment in the 2020 Capital 20-863 Improvement Projects Fund. Greg Gutierrez, Financial Analyst I) Approval of the appointment of three individuals to the 20-910 Community Development Advisory Committee for terms ending December 13, 2023. Caitlin Krobot, City Secretary J) Approval of the appointment of one individual to the 20-912 Watershed Advisory Committee for a term ending April 18, 2023. Caitlin Krobot, City Secretary [3]  City Council Agenda December 14, 2020 K) Approval of the appointment of two individuals to the 20-913 River Advisory Committee for terms ending December 8, 2023. Caitlin Krobot, City Secretary L) Approval of the appointment of three individuals to the 20-914 Landa Park Golf Course Advisory Board for terms ending December 31, 2023. Caitlin Krobot, City Secretary M) Approval for the submission of the Community 20-907 Development Block Grant Program’s Consolidated Annual Performance and Evaluation Report for Program Year 2019 to the U.S. Department of Housing and Urban Development. Jennifer Gates, Grants Coordinator N) Approval of a contract renewal with Fire Recovery USA, 20-908 LLC for billing and collection services for the Fire Department. Debbie Kimball, Buyer Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) O) Approval of the second and final reading of an ordinance 20-882 amending the Code of Ordinances Chapter 86-4 Additional Rules and Regulations for Control of Parks and Recreation Areas and Facilities regarding skate park rules. Stacey Dicke, Parks and Recreation Director P) Approval of the second and final reading of an ordinance 20-897 amending Section 126-354 of the City of New Braunfels Code of Ordinances to modify the area of Parking by Permit Area H. Garry Ford, Assistant Public Works Director/City Engineer Q) Approval of the second and final reading of an ordinance 20-871 for a proposed Special Use Permit to allow a High Intensity Elderly Housing and Assisted Living Facility within Veramendi on approximately 11.2 acres of land located east of the intersection of Borchers Blvd. and Bennett Ave. [4]  City Council Agenda December 14, 2020 Stacy A.M. Snell, AICP, CNU-A, Planning Manager R) Approval of the second and final reading of an ordinance 20-888 regarding a proposed rezoning of approximately 2.071 acres addressed at 2932 & 2910 IH 35 S from “C-3” Commercial District and “R-2” Single-Family and Two-Family District to “MU-A” Low-Intensity Mixed Use District. Christopher J. Looney, AICP, Planning and Development Services Director S) Approval of the second and final reading of an ordinance 20-893 amending the New Braunfels Code of Ordinances, Chapter 118 Subdivision Platting, Section 46 Streets, regarding temporary turnarounds. Stacy A.M. Snell, AICP, CNU-A, Planning Manager T) Approval of the second and final reading of an ordinance 20-881 amending the Code of Ordinances Chapter 86-66 regarding membership of the Landa Park Golf Course Advisory Board. Chad Donegan, Golf Manager 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a construction contract 20-754 with Joeris General Contractors, a materials testing contract with Terracon, payment to New Braunfels Utilities (NBU) for water and sewer impact fees and authorize the City Manager to execute any change orders up to the contingency amount as part of the 2019 Bond Police Department and Veterans Memorial Project. Jennifer Cain, Capital Programs Manager B) Discuss and consider approval of a contract with Lower 20-890 Colorado River Authority (LCRA) for the construction of a new radio tower, shelter, other items necessary for dispatch consoles, and authorize the City Manager to execute any change orders up to the full contingency amount as part of the 2019 Bond Police Department and Veteran’s Memorial Project. Jennifer Cain, Capital Programs Manager C) Discuss and consider approval of contract with Hill 20-900 International, Inc. for onsite Owner’s Representative services associated with the construction of the Police [5]  City Council Agenda December 14, 2020 Department and Veteran’s Memorial Project as part of the 2019 Bond Program. Jennifer Cain, Capital Programs Manager D) Consideration of the second and final reading of an 20-898 ordinance amending Chapter 126, Division 2 of the City of New Braunfels Code of Ordinances for parking restrictions on Loma Vista Street between South Heynis and Becker Street. Garry Ford, Assistant Public Works Director/City Engineer E) Public hearing and first reading of an ordinance to 20-899 amend Section 126-346 to establish no parking zones on E San Antonio Street at Comal Avenue and S Gilbert Avenue. Garry Ford, P.E., Assistant Public Works Director/City Engineer F) Discuss and consider approval of a first reading of an 20-903 ordinance establishing a credit card processing reimbursement fee for the use of credit and debit cards as a form of payment for fees, fines, court costs and other charges; repealing all ordinances in conflict, containing a savings clause; and declaring an effective date. Sandy Paulos, Assistant Chief Financial Officer G) Discuss and consider a request for a conditional sign 20-830 permit for The Pillars Christian Learning Center to allow an additional freestanding sign within the Freiheit Village Development, addressed at 2144 Gabriels Place Stacy Snell, AICP, CNU-A: Planning Manager H) Consideration of the second and final reading of an 20-892 ordinance regarding a proposed rezoning to apply a Special Use Permit to allow the short-term rental of a single-family dwelling in the “C-1” Local Business District currently addressed at 436 N. Union Avenue. Christopher J. Looney, AICP, Planning and Development Services Director I) Consideration of the second and final reading of an 20-887 ordinance amending the New Braunfels Code of Ordinances, Chapter 144, Zoning, Section 1.4 Definitions, Section 4.2 Land Use Matrix, and establishing Section 5.28 Truck Stops. [6]  City Council Agenda December 14, 2020 Maddison O’Kelley, Assistant Planner J) Public hearing and first reading of an ordinance 20-868 regarding a proposed amendment to an existing Special Use Permit for an animal shelter to allow an additional building and parking lot for the purpose of spaying and neutering dogs and cats at 3353 Morningside Drive. Christopher J. Looney, AICP, Planning and Development Services Director K) Public hearing and first reading of an ordinance 20-889 regarding a proposed rezoning to apply a Special Use Permit to allow a single family residential use in the “M-1” Light Industrial District on 0.22 acres out of Lots 240 and 241 NCB 2014, addressed at 394 N. Market Avenue. Christopher J. Looney, AICP, 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 issues regarding economic development 20-878 negotiations in accordance with Section 551.087, of the Texas Government Code, including but not limited to: · General Land Office/Southstar B) Deliberate the purchase, exchange, lease or value of 20-905 real estate in accordance with Section 551.072 of the Texas Governme n t Code; and, 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 · ROW Encroachment and Billboards C) Deliberate pending/contemplated litigation, settlement 20-902 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: [7]  City Council Agenda December 14, 2020 · 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) 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 December 9, 2020 at 2:00pm. _____________________________________ Caitlin Krobot, 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. [8]