City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, SEPTEMBER 13, 2021 at 6:00 PM Rusty Brockman, Mayor Lawrence Spradley, 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 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. All public comment or testimony is in-person. Meetings are available for viewing via live stream on the City's website or on Spectrum Channel 21 and AT&T U-Verse Channel 99. 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 BROCKMAN PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) National Preparedness Month 21-785 B) National Hispanic Heritage Month 21-831 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. PRESENTATIONS: A) Presentation and possible direction to staff regarding the 21-909 City's American Rescue Plan Act allocation and establishment of an Ad-Hoc committee to develop investment recommendations to City Council City of New Braunfels, Texas Page 1 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 Jared Werner, Chief Financial Officer 1. MINUTES A) Discussion and or possible action to approve the minutes 21-905 of the general city council meeting of August 23, 2021 and the executive session meeting of August 23, 2021. Caitlin Krobot, City Secretary 2. 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. Citizens must be present to pull an item. Resolutions & Action Items A) Approval of a resolution; a ratification for an application 21-884 submitted for funding offered by the Texas Department of Transportation, Texas Traffic Safety Program’s Selective Traffic Enforcement Program - Comprehensive FY 2022 grant; and authorization for the City Manager to act on behalf of the City in matters as required by the grant. Jennifer Gates, Grants Coordinator B) Approval of a resolution; a ratification for an application 21-889 submitted for funding offered by the Texas Department of Transportation, Texas Traffic Safety Program’s Selective Traffic Enforcement Program - Commercial Motor Vehicle FY 2022 grant; and authorization for the City Manager to act on behalf of the City in matters as required by the grant. Jennifer Gates, Grants Coordinator C) Approval of the New Braunfels Public Library Long Term 21-901 Master Plan. Gretchen Pruett, Library Director D) Approval of a resolution; acceptance of a grant award for 21-850 funding of the development of a Drainage Area Master Plan utilizing a Texas Water Development Board, Flood Infrastructure Fund grant for Program Year 2020; and authorization for the City Manager to act on behalf of the City in all matters related to this grant. City of New Braunfels, Texas Page 2 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 Jennifer Gates, Grants Coordinator E) Approval of a resolution recommending a contract award 21-861 and project expenditure to Kimley-Horn and Associates, Inc., of up to $442,000 to prepare a preliminary design and streetscape plan for Castell Avenue, as approved and found by the Board of Directors of the New Braunfels Economic Development Corporation to be an eligible project expenditure required for infrastructure necessary to promote or develop new or expanded business enterprises. Jeff Jewell, Economic and Community Development Director F) Approval of the City of New Braunfels FY 2021 Third 21-829 Quarter Investment Report. Sandy Paulos, Assistant Chief Financial Officer G) Approval of a purchase with Bluebonnet Motors, Inc. for 21-835 thirteen light duty vehicles for various city operations and approval to declare replaced units as surplus. Barbara Coleman, Purchasing Manager H) Approval of a purchase of tasers from Axon Enterprise, 21-863 Inc. for the Police Department and to declare the existing equipment as surplus for trade in. Keith Lane, Chief of Police I) Approval of a ratification for an application submitted to 21-875 the Texas Department of Transportation for the FY 2022 Routine Airport Maintenance Program to request funding for eligible airport maintenance expenses; and authorization for the City Manager to act on behalf of the City in matters as required by the grant. Jennifer Gates, Grants Coordinator J) Approval to renew the following annual contracts, as 21-886 allowed for by their contract language: Administrative Services for Healthcare-Dental, Administrative Services for Healthcare-Medical and Pharmacy, Stop Loss Insurance, Healthcare Consulting Services, Supply and Service of Portable Toilets, Landscape Services-Parks & Facilities, Landscape Services-Undeveloped Flood Properties and ROW, EMS Medical Billing Cost Recovery Services and Litter Removal Services - Parks. City of New Braunfels, Texas Page 3 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 Debbie Kimball, Contract Administrator K) Approval of reassignment of a contract from Century 21-887 Asphalt LLC to Texas Materials Group Inc. Debbie Kimball, Contract Administrator L) Approval of a contract with AJM Packaging Corporation 21-888 for the purchase of customized green waste collection bags for the Public Works Department. Mike Mundell, Solid Waste Manager M) Approval of annual routine recurring expenditures for FY 21-891 2022 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager N) Approval to purchase equipment for the City’s Public 21-894 Works Streets & Drainage Division, from HOLT.CAT, Freightliner of Austin, Cooper Equipment Company, Nueces Power Equipment and approval to declare any replaced equipment as surplus as trade-ins will generate a cost savings to the City. John Cox, Streets & Drainage Manager/Public Works O) Approval of a purchase with NAFECO for personal 21-895 protective firefighting equipment for the New Braunfels Fire Department. Patrick O’Connell, Fire Chief P) Approval of a license agreement with Matt Schumann 21-837 (ParkHaus, LLC) to allow aerial encroachments over the City’s right-of way along E. San Antonio Street at the property currently addressed as 173, 189, and 207 E. San Antonio Street in New Braunfels, Texas (also described as City Block 2003, Lot E 8 of S 110 of 35 & W 16 of E 24, and West 47 of Lot 98, being approximately .45 acres). Jeff Jewell, Economic and Community Development Director Q) Approval of the appointment of Tina Olcott to the Central 21-849 Texas Technology Center Advisory Board for an unexpired term ending April 26, 2024. Caitlin Krobot, City Secretary Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) City of New Braunfels, Texas Page 4 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 R) Approval of the second and final reading of an ordinance 21-824 amending Section 126-346 of the City of New Braunfels Code of Ordinances to establish a no parking zone on the south side of Elliot Knox Boulevard between South Peach Avenue and Magnolia Avenue. Garry Ford, Jr., Assistant Public Works Director/City Engineer S) Approval of the second and final reading of an ordinance 21-859 regarding a proposed rezoning to apply a Special Use Permit to allow a duplex on a lot less than 8,000 square feet in area, in the R-2 Single and Two-family District addressed at 2662 Second Street. Jean Drew, AICP, CNU-A; Planning & Development Services Assistant Director T) Approval of the first reading of an ordinance amending 21-826 Section 126-346 of the City of New Braunfels Code of Ordinances to restrict parking on the east side of Hudson Lane from Hanz Drive to Bellesop Boulevard, on the west side of Hudson Lane from Hanz Drive to the intersection with the first alleyway, and on the north side of Bellesop Boulevard. Garry L. Ford, Jr., Assistant Public Works Director/City Engineer U) Approval of the first reading of an ordinance amending 21-825 Section 126-346 of the City of New Braunfels Code of Ordinances to establish no parking zones in Prince Solms Park. Garry Ford, Jr, Assistant Public Works Director/City Engineer 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Approval of the second and final reading of an ordinance 21-878 adopting the 2021 ad valorem tax rates. Jared Werner, Chief Financial Officer B) Approval of the second and final reading of an ordinance 21-877 adopting the FY 2022 Operating Budget and Plan of Municipal Services. Jared Werner, Chief Financial Officer C) Approval of a resolution of the City of New Braunfels 21-879 ratifying the increase in revenue generated by the 2021 property tax rate included in the FY 2022 Annual Budget. Jared Werner, Chief Financial Officer City of New Braunfels, Texas Page 5 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 D) Consideration of the second and final reading of an 21-860 ordinance regarding a proposed rezoning of approximately 7,406 square feet (0.17-acre) being parts of Lots 6 & 7, Block 46, New City Block 4002, Guenther Addition, addressed at 157 S. Guenther Ave., from “SND-1” Special Neighborhood District - 1 to “C-2A” Central Business District. Christopher J. Looney, AICP, Planning & Development Services Director E) Consideration of the second and final reading of an 21-858 ordinance regarding a proposed rezoning to apply a Special Use Permit to allow short term rental of a single-family house and garage apartment in the C-1 Local Business District addressed at 556 N. Union Avenue. Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director F) Public hearing and first reading of an ordinance 21-866 designating a geographic area within the City of New Braunfels as a reinvestment zone for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code to be known as Tax Increment Reinvestment Zone Number Three (3), City of New Braunfels; describing the property parcels included in the zone; containing findings and provisions related to the creation of the zone; providing a date for the termination of the zone; providing that the zone take effect immediately upon passage of the ordinance; providing a severability clause; providing for publication; and declaring an effective date. Jeff Jewell, Director of Economic and Community Development G) Discuss and consider recommended changes to the 21-713 Bylaws of the Workforce Housing Advisory Committee and approval of the recommendation of Stephen Brockman as committee’s Chair Jeff Jewell, Director of Economic and Community Development 4. 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. City of New Braunfels, Texas Page 6 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 A) Deliberate pending/contemplated litigation, settlement 21-882 offer(s), and matters concerning 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: · Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet. · Discuss legal action regarding possible restrictions on further development of property commonly known as 413 Gruene Rd, New Braunfels 78130, Texas, for use as Disaster Recovery Center for NBU; the property is also described as 2.693 acre tract of land, situated in the Henry Foster Survey, Abstract No 154, Comal County, Texas, conveyed to the City of New Braunfels, recorded in Volume 192, Page 543, Deed Records, Guadalupe County, Texas. B) Deliberate the purchase, exchange, lease or value of 21-902 real estate in accordance with Section 551.072 of the Texas Government Code, specifically · Union Pacific property 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). 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT CERTIFICATION City of New Braunfels, Texas Page 7 Posted On: 9/8/2021 4:41:48PM  City Council Agenda September 13, 2021 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 8 Posted On: 9/8/2021 4:41:48PM