City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, DECEMBER 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. AGENDA CALL TO ORDER CALL OF ROLL: CITY SECRETARY REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER BLAKEY PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG 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) Retiree Recognition - Sandy Ellison 21-1367 B) Presentation of the proposed FY 2022 Street 21-1344 Maintenance Plan. Greg Malatek, Public Works Director C) Update on the creation of the Unified Development Code 21-1278 Christopher J. Looney, AICP, Planning & Development Services Director 1. MINUTES A) Approval of the minutes for executive session November 21-1283 22, 2021, the regular session November 22, 2021, and City of New Braunfels, Texas Page 1 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 13, 2021 the special session November 16, 2021. 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) Appointment of Heather Harrison to the Bond Advisory 21-1311 Committee as the River Advisory Committee representative. Caitlin Krobot, City Secretary B) Appointment of Brad T. Bechtol to the Bond Advisory 21-1366 Committee as the Watershed Advisory Committee representative. Caitlin Krobot, City Secretary C) Approval of a resolution adopting City of New Braunfels 21-1281 Tax Increment Reinvestment Zone Number Three (TIRZ Number Three) Project and Finance Plan and establishing the composition and qualifications of the TIRZ Number Three Board. Jeff Jewell, Director of Economic and Community Development D) Approval of a resolution designating the investment 21-1334 officers for the City of New Braunfels. Sandy Paulos, Director of Finance E) Approval of a resolution to enter into an Advanced 21-1314 Funding Agreement with Texas Department of Transportation for the project development and construction of traffic safety improvements on County Line Road and on Hanz Drive. Garry Ford, Transportation and Capital Improvements Director F) Approval of a resolution to enter into an Agreement to 21-1315 Contribute Right of Way Funds with Texas Department of Transportation for fixed price joint participation in right of way costs associated with highway improvements at Loop 337 at River Road. Garry Ford, Transportation and Capital Improvements Director City of New Braunfels, Texas Page 2 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 13, 2021 G) Approval for the submission of the Community 21-1280 Development Block Grant Program’s Consolidated Annual Performance and Evaluation Report for Program Year 2020 to the U.S. Department of Housing and Urban Development. Jennifer Gates, Grants Coordinator H) Approval of annual routine recurring expenditures for FY 21-1297 2022 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager I) Approval of a service provider contract renewal with 21-1337 Emergency Services District No. 7 (ESD7) and authorizing the City Manager to enter into the agreement Jared Werner, Assistant City Manager J) Approval of the City of New Braunfels FY 2021 Fourth 21-1343 Quarter Investment Report. Sandy Paulos, Director of Finance K) Approval of a purchase with Southwest Public Safety, 21-1361 LLC, Motorola Solutions and Lower Colorado River Authority for ancillary vehicle equipment for the Police Department and the appropriate budget amendment. Keith Lane, Chief of Police L) Approval of a resolution authorizing the City Manager to 21-1338 enter into an Agreement with Richard J. Leidl, P.C. for federal legislative services on behalf of the City of New Braunfels. Robert Camareno, City Manager M) Approval of a contract with Pristine Texas Rivers Inc. for 21-1339 river recreation litter removal and floating vegetation services from designated riparian zones. Amy Niles, River Operations Manager N) Approval of a budget amendment in the FY 2021 Police 21-1380 Department General Fund Budget. Greg Gutierrez, Budget Supervisor O) Approval of a resolution of the City of New Braunfels, 21-1387 Texas, amending Resolution No. 2021-R-38 by extending the deadline for New Braunfels Utilities and Southstar at Mayfair, LP, Developer, to execute a Utility Agreement as a condition precedent to the creation of City of New Braunfels, Texas Page 3 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 13, 2021 Comal County Water Improvement District No. 3, located in the City’s Extraterritorial Jurisdiction. Jeff Jewell, Economic and Community Development Director Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) P) Approval of the first reading of an ordinance to restrict 21-1273 parking on both sides of Independence Drive west of Oak Run Parkway from Oak Run Parkway to the end of Independence Drive. Garry Ford, Transportation and Capital Improvements Director Q) Approval of the first reading of an ordinance amending 21-1276 Section 126-368 to revise the starting date for water recreation loading zones on W. Lincoln St., Liebscher Dr., S. Union Ave., and S. Gilbert St. to March 1. Greg Malatek, Public Works Director R) Approval of the second and final reading of an ordinance 21-1287 regarding a request for rehabilitation tax credit from the property owner of 123 S. Academy Ave., located within the Downtown Historic District. Caleb Gasparek, Historic Preservation Officer & Assistant Planner S) Approval of the second and final reading of an ordinance 21-1288 to revise sections of the Code of Ordinances regarding the approval and/or appeals authority in: Chapter 144, Zoning, Section 5.1, Parking, loading, stacking and vehicular circulation, Section 5.22, Nonresidential and Multi-family Design Standards, Section 5.23, Temporary vending operations, and, Section 5.24, Temporary mobile storage units; Chapter 118, Subdivision Platting, Section 118-11, Waiver, Section 118-44, Blocks, and, Section 118-49, Sidewalks; and, amendments to Appendix D, Fee Schedule, Section A schedule of development fees. Christopher J. Looney, AICP, Planning and Development Services Director T) Approval of the second and final reading of an ordinance 21-1176 regarding a proposed rezoning to apply a Special Use Permit to allow 75 dwelling units where lot area allows a maximum of 64, through the conversion of existing hotel City of New Braunfels, Texas Page 4 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 13, 2021 guest rooms into studio apartments in the “C-3 AH” Commercial District Airport Hazard Overlay, on Lots 3C and 3D, JM Subdivision, addressed at 1533 IH-35 North. Jean Drew, AICP, CNU-A; Planning and Development Services Assistant Director U) Approval of the second and final reading of an ordinance 21-1306 amending Ordinance No. 2021-55, authorizing the abandonment of 0.366 of an acre of public street right-of-way at the terminus of Tolle Street, by extending the deadline to execute a Deed Without Warranty by an additional 180 days. Christopher J. Looney, AICP; Planning and Development Services Director 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider a request for the City to consent to 21-1328 the addition of 19.993 acres into the existing Lone Oak Farm Municipal Utility District (MUD) within the City’s ETJ in Guadalupe County, located on the south side of FM 758, approximately 1,400 feet west of the intersection of State Highway 123. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director B) Discuss and consider a request to consent to the 21-1313 creation of Comal County Municipal Utility District (MUD) No. 4 within the City’s ETJ in Comal County, consisting of approximately 349.7 acres located on the north side of FM 1863, across from Krueger Canyon and Word Ranch Roads. Christopher J. Looney, AICP, Planning and Development Services Director C) Public hearing and first reading of an ordinance 21-1333 regarding the proposed rezoning of approximately 28.868 acres from “M-2” Heavy Industrial District to “MU-B” High Intensity Mixed-Use District, consisting of approximately: a 14-acre tract of land, a 12-acre tract of land; a 0.74-acre tract of land out of the A.M. Esnaurizar Eleven League Grant, Survey No. 1, Abstract No. 1, Comal County, Texas; Lots 1-9, Block 1, Milltown Subdivision; Lots 1, 2, 5 and 6, Block 2, Milltown Subdivision; and, Lot 1, River Mill Power House and Dam Subdivision. The approximately 29 acres is addressed as or located at 601 Rusk St., 555 Porter St., 477 E. Faust St., the City of New Braunfels, Texas Page 5 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 13, 2021 northeast corner of Rusk St. and Church Hill Dr., east side of Porter St. between Rusk St. and Consolidated, the southwest corner of Porter St. and Consolidated, and the northeast corner of Porter St. and McKenna Avenue. Christopher J. Looney, AICP, Planning and Development Services Director D) Public hearing and consideration of an appeal for the 21-1293 denial of a Certification of Alteration by the Historic Landmark Commission to construct a new single-family dwelling located on the property currently addressed as 456 Magazine Ave., located within the Sophienburg Hill Historic District. Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director 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. A) Deliberate pending/contemplated litigation, settlement 21-1370 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: · River floodway regulation and enforcement B) Deliberate issues regarding economic development 21-1336 negotiations in accordance with Section 551.087, of the Texas Government Code, including but not limited to: · Ch. 380 Agreement with HD Supply Facilities Maintenance, Ltd. 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 6 Posted On: 12/8/2021 4:36:12PM  City Council Agenda December 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 7 Posted On: 12/8/2021 4:36:12PM