City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, JANUARY 25, 2021 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/89332004990 or call (833) 926-2300 Webinar ID: 893 3200 4990 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 PRO TEM MEADOWS PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) Mentoring Month 21-55 B) Stalking Awareness Month Proclamation 21-62 PRESENTATIONS: A) Presentation on Mayor’s Monarch Pledge including 20-939 review of 2019-20 activities and preview of 2021 activities. Sonja Mlenar, Nature Center Supervisor 1. MINUTES A) Discuss and consider approval of the minutes of the 21-76 regular City Council meeting of January 11, 2021. City of New Braunfels, Texas Page 1 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 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 Mayoral appointment of one individual to 21-47 the New Braunfels Housing Authority Board of Commissioners for a term ending January 22, 2023. Caitlin Krobot, City Secretary B) Approval of the appointment of two individuals to the 21-59 Landa Park Golf Course Advisory Board. Caitlin Krobot, City Secretary C) Approval of a resolution authorizing the City Manager to 21-32 enter an Interlocal Agreement with Comal County to provide Household Hazardous Waste Collection events for the City of New Braunfels and Comal County. Michael Mundell, Solid Waste Manager D) Approval of the appointment of Kathy Meurin to the 20-916 CTTC Advisory Board as Chairperson for a two year term. Jeff Jewell, Director of Economic and Community Development E) Approval of the ratification to cancel the second 21-74 December City Council meeting of 2020 and to cancel the second December City Council meeting of 2021. Caitlin Krobot, City Secretary F) Approval of a contract with Sustainable Modular 21-52 Management for modular office building for Public Works. Matthew Eckmann, Facilities and Real Estate Manager G) Approval of a contract with the Bojorquez Law Firm, P.C., 21-61 for legal services related to the 2020 Census and City of New Braunfels, Texas Page 2 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 possible redistricting. Valeria Acevedo, City Attorney H) Approval for the submission of the Amended Program 21-69 Year 2019 Community Development Block Grant Annual Action Plan and its associated CARES Act Substantial Amendment to the U.S. Department of Housing and Urban Development to support the CDBG-CV Round 3 Grant Program. Jennifer Gates, Grants Coordinator 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 first reading of an ordinance ordering a 21-85 Regular Election to be held in the City of New Braunfels on May 1, 2021, for Regular City Officers; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. Caitlin Krobot, City Secretary J) Approval of the second and final reading of an ordinance 21-37 regarding a proposed rezoning of approximately 38 acres out of Subdivision No. 112 of the A.M. Esnaurizar Eleven League Grant, located on SH 46 South, adjacent to Stonegate Subdivision, from “APD” Agricultural/Pre-Development District and “PD” Planned Development District to “ZH-A” Zero Lot Line Home District. Christopher J. Looney, AICP, Planning and Development Services Director K) Approval of the second and final reading of an ordinance 21-65 amending Chapter 126, Division 2 of the City of New Braunfels Code of Ordinances for parking restrictions on Loma Vista Street between Heynis South and Becker Street. Greg Malatek, Public Works Director L) Approval of the second and final reading of an ordinance 21-66 amending Section 126-354 of the City of New Braunfels Code of Ordinances to revise Parking by Permit Area G. Garry Ford, Assistant Public Works Director/City Engineer City of New Braunfels, Texas Page 3 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Approval of a resolution for the submission of an 21-72 application to the Texas Parks & Wildlife Department, Recreational Trail Grant Program for the provision of funding for the Alligator Creek, and authorization for the City Manager to accept funds and to execute all contract documents associated with the grant, if awarded. Stacey Dicke, Parks and Recreation Director B) Public hearing and first reading of an ordinance ordering 21-75 a special election to be held in the City of New Braunfels on May 1, 2021, for proposed amendments to the City Charter; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. Caitlin Krobot, City Secretary C) Public hearing and consideration of approval of a 21-40 variance request to allow a proposed business, addressed at 344 Landa Street, to provide alcohol sales (wine and beer, no onsite consumption) within 300 feet of a church. Maddison O’Kelley, Assistant Planner D) Public hearing and first reading of an ordinance 21-28 regarding a proposed rezoning to apply a Type 1 Special Use Permit to allow an RV resort on approximately 28 acres consisting of Lot 1D-R Walnut Heights Subdivision and approximately 24 acres out of the J M Veramendi A-2 Survey, located in the 700 block of N. Walnut Avenue. Christopher J. Looney, AICP, Planning and Development Services Director E) Public hearing and first reading of an ordinance 21-34 regarding a proposed rezoning to apply a Special Use Permit on approximately 23 acres out of the A.P. Fuquay survey No. 35, Abstract No. 155, Comal County, Texas, located at the southwest corner of the intersection of E. Common Street and Old FM 306, to allow multifamily high-density residential use in the “C-1” Local Business District and “M-1” Light Industrial District. Christopher J. Looney, AICP, Planning and Development Services Director City of New Braunfels, Texas Page 4 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 F) Public hearing and first reading of an ordinance 21-27 regarding a proposed rezoning to apply a Special Use Permit to allow short term rental of a single-family residence in the C-3 Commercial District, addressed at 262 East Nacogdoches Street. Christopher J. Looney, AICP, Planning and Development Services Director G) Public hearing and first reading of an ordinance for a 21-49 proposed rezoning to apply a Special Use Permit to allow a seven-unit, townhouse style residential development on approximately 0.7 of an acre located at the southwestern terminus of the 2300 block of Michigan Street. Christopher J. Looney, AICP, Planning and Development Services Director H) Public hearing and first reading of an ordinance 21-36 regarding a proposed rezoning of approximately 19.735 acres out of the Orilla Russell Survey, A-485 and the Nancy Kenner Survey, A-306, Comal County, Texas, located south of the intersection of Gray Cloud Drive and Twin Dish Way, from “R-1A-6.6” Single Family District to “R-1A-5.5” Single Family District. Christopher J. Looney, AICP, Planning and Development Services Director I) Public hearing and consideration of a proposed 21-48 amendment to the Veramendi Development & Design Control Document. Christopher J. Looney, AICP, Planning and Development Services Director J) Public hearing and consideration of a request for a 21-42 waiver to the Subdivision Platting Ordinance to not require sidewalk construction along Jarratt Drive and Louella Street for the Senaido Dual Crossing Subdivision. Christopher J. Looney, AICP, Planning and Development Services Director K) Public hearing and consideration of a request for a 21-11 Conditional Sign Permit for The Plant Haus to allow a proposed freestanding pole sign to exceed the maximum adopted sign face area and height standards, in the ‘C-1’ Local Business District, addressed at 956 N. Walnut Avenue. Christopher J. Looney, AICP, Planning and Development Services Director City of New Braunfels, Texas Page 5 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 L) Public hearing and first reading of an ordinance 21-33 regarding a proposed rezoning to apply a Special Use Permit to allow duplexes in the “APD” Agricultural/Pre-Development District on approximately 0.938 acres out of the A.M. Esnaurizar Eleven League Grant, Subdivision No. 107, Guadalupe County, Texas, addressed at 187 Prairie View Lane. Christopher J. Looney, AICP, Planning and Development Services Director M) Public hearing and first reading of an ordinance 21-35 regarding a proposed rezoning of approximately 5.996 acres out of the Orilla Russell Survey No. 2, Abstract No. 485, Comal County, Texas, addressed at 689 Orion Drive, from “M-1A” Light Industrial District to “R-1A-6.6” Single-Family District. Christopher J. Looney, AICP, Planning and Development Services Director N) Public hearing and first reading of an ordinance 21-43 regarding proposed revisions to the Solms Landing Planned Development (“SLPD”) concept plan and development standards, on approximately 98 acres out of the A M Esnaurizar A-20 Survey, addressed at 253 S. Kowald Lane. Christopher J. Looney, AICP, Planning and Development Services Director O) Public hearing and consideration of a resolution 21-29 accepting 102.68 acres out of the A.M. Esnaurizar A-20 Survey, located on FM 758 approximately 1,000 feet west of State Highway 123 North, into the City of New Braunfels extraterritorial jurisdiction (ETJ). Christopher J. Looney, AICP, Planning and Development Services Director P) Public hearing and first reading of an ordinance 20-919 amending Chapter 144 Zoning, Sections on Definitions, Zoning Districts, Walnut Special District, Land Use Matrix, Parking, Accessory Structures, and General Provisions and Exceptions for Yard Setbacks, and Rear Yard Requirements. Christopher J. Looney, AICP, Planning and Development Services Director 5. EXECUTIVE SESSIONS City of New Braunfels, Texas Page 6 Posted On: 1/20/2021 4:28:35PM  City Council Agenda January 25, 2021 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 the purchase, exchange, lease or value of 21-90 real estate in accordance with Section 551.072 of the Texas Government Code: · Union Pacific Railroad B) Deliberate the appointment, evaluation, duties, discipline, 21-91 or removal of the Associate Municipal Judge in accordance with Section 551.074 of the Texas Government Code. 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. _____________________________________ 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. City of New Braunfels, Texas Page 7 Posted On: 1/20/2021 4:28:35PM