City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, JUNE 13, 2022 at 6:00 PM Rusty Brockman, Mayor Lawrence Spradley, Councilmember (District 4) Shane Hines, Councilmember (District 1) Jason E. Hurta, Councilmember (District 5) Christopher Willis, Councilmember (District 2) James Blakey, Councilmember (District 6) Harry Bowers, Mayor Pro Tem (District 3) Robert Camareno, City Manager 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 HURTA PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) Juneteenth Proclamation 22-499 B) National Safety Month. 22-626 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 bring forward for 22-621 consideration the Compliance Engine, a web-based service to track and drive inspection, testing and maintenance of fire protection systems. Matthew Bushnell, Assistant Fire Chief 1. MINUTES A) Approval of the minutes for Special Council Meeting May 22-599 16, 2022, and Regular Session May 23, 2022 2. CONSENT AGENDA City of New Braunfels, Texas Page 1 Posted On: 6/8/2022 4:44:02PM  City Council Agenda June 13, 2022 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 Memorandum of Understanding with Union 22-630 Pacific Railroad Company regarding a proposed land sale of Union Pacific Railroad Company’s downtown property and Union Pacific Railroad Company’s office relocation to Corbyn Yard. Jeff Jewell, Director, Economic and Community Development B) Approval of a reimbursement agreement with Union 22-633 Pacific Railroad Company for legal costs and expenses associated with the proposed Union Pacific office relocation to Corbyn Yard located in Comal County. Jeff Jewell, Director, Economic and Community Development C) Approval of a reimbursement agreement with Union 22-634 Pacific Railroad Company for preliminary engineering services related to the proposed Union Pacific office relocation to Corbyn Yard located in Comal County. Jeff Jewell, Director, Economic and Community Development D) Approval of District 2 Councilmember’s appointment of 22-600 Charles Allan Wentt to the Transportation & Traffic Advisory Board for a term ending May 31, 2025. Gayle Wilkinson, City Secretary E) Approval of a Professional Services Agreement with The 22-592 Goodman Corporation for full design services of the Common Street Pedestrian Improvement Project and authorization for the City Manager to execute contract modifications in accordance with the purchasing policy and the appropriate budget amendment. Garry Ford, Transportation and Capital Improvements Director F) Approval of a resolution setting a public hearing to 22-517 amend the water and wastewater impact fees. Dawn Schriewer, Chief Financial Officer, NBU G) Approval of Memorandum of Understanding between the 22-567 City of New Braunfels, Texas Page 2 Posted On: 6/8/2022 4:44:02PM  City Council Agenda June 13, 2022 City and New Braunfels Utilities (NBU) for the for the payment of funds to NBU for a temporary, part-time Watershed Educator position at the Headwaters at the Comal and approval of an amendment to an existing Memorandum of Understanding between the City and New Braunfels Utilities (NBU) for the for the payment of funds to NBU for a temporary, part-time Watershed Educator position at the Headwaters at the Comal. Mark Enders, Watershed Program Manager H) Approval of an amendment to the Interlocal Agreement 22-617 between City of New Braunfels, City of San Marcos and Texas State University to support the annual stormwater conference and stormwater pollution prevention public education programming. Mark Enders, Watershed Program Manager I) Approval of a Professional Services Agreement with 22-629 Pape-Dawson Engineers, Inc. for design services for improvements at the intersection of FM 1044 and County Line Road. Garry Ford, Transportation and Capital Improvements Director J) Approval of a Professional Services Agreement with 22-636 Alliance Transportation Group for design services for improvements at the intersection of FM 1044 and Schmidt Avenue. Garry Ford, Transportation and Capital Improvements Director K) Approval of a contract with D. Wilson Construction 22-544 Company for construction of Fire Station 7, a task order with Raba Kistner for materials testing services, a contract modification with Hill International, and authorization for the City Manager to execute any change orders up to the contingency amounts. Garry Ford, Transportation and Capital Improvements Director L) Approval of an amendment to a professional services 22-588 agreement with the Law Offices of Ryan Henry, for representation in the River Ranch RV Resort Park litigation, and authorizing the city manager to execute the same. Valeria Acevedo, City Attorney City of New Braunfels, Texas Page 3 Posted On: 6/8/2022 4:44:02PM  City Council Agenda June 13, 2022 M) Approval of preliminary design contracts for Downtown 22-638 Right-of-way Enhancements, Orion Drive, and Northwest Community Park projects under consideration for the proposed 2023 Bond. Garry Ford, Transportation and Capital Improvements 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.) N) Approval of the second and final reading of an ordinance 22-590 regarding a proposed rezoning from “R-2” Single and Two-Family District to “R-3L” Multifamily Low-Density District with a Special Use Permit to allow a one-family dwelling on approximately 1.7 acres, addressed at 586 Granada Drive. Christopher J. Looney, AICP, Planning & Development Services Director O) Approval of the second and final reading of an ordinance 22-595 regarding a proposed rezoning from “M-2” Heavy Industrial District to “C-O” Commercial Office District with a Special Use Permit to allow short term rental of a residential structure on 0.22 acres out of the A.M. Esnaurizar Survey No. 1, Abstract No. 1, Milltown Lots, Comal County, addressed at 569 Wright Avenue. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of an ordinance 22-518 authorizing the issuance of “City of New Braunfels, Texas, utility system revenue refunding bonds, series 2022, pledging the net revenues of the City’s waterworks, sanitary sewer and electric light and power systems to the payment of the principal of and interest on said bonds; enacting provisions incident and related to the issuance, payment, security, sale and delivery of said bonds; establishing procedures for the sale and delivery of said bonds; delegating matters relating to the sale and issuance of said bonds to authorized city and systems officials and providing an effective date. Dawn Schriewer, NBU Chief Financial Officer B) Discuss and consider a resolution consenting to the 22-594 City of New Braunfels, Texas Page 4 Posted On: 6/8/2022 4:44:02PM  City Council Agenda June 13, 2022 issuance of unlimited tax road bonds by Comal County Water Improvement District No. 1A, a Water Improvement District located within the extraterritorial jurisdiction of the City of New Braunfels. Jeff Jewell, Director, Economic and Community Development C) Discuss and consider a resolution to consent to the 22-564 creation of Guadalupe County Municipal Utility District (MUD) No. 5 within the City's Extraterritorial Jurisdiction (ETJ) in Guadalupe County, consisting of approximately 299.78 acres located on the north side of FM 725, west of The Bandit Golf Course in the Long Creek Subdivision, and south of the intersection of Altwein Lane and FM 725, and consider authorizing the City Manager to approve a development agreement between the City of New Braunfels and Highlander NB One, LLC related to the City’s consent to the creation of Guadalupe County MUD No. 5. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director D) Discuss and consider a resolution to consent to the 22-609 creation of the Flying W Municipal Utility District (MUD) within the City's Extraterritorial Jurisdiction (ETJ) in Comal County, consisting of approximately 362 acres situated on the west side of FM 1102, north of Havenwood at Hunters Crossing Subdivision, Units 1 and 2 and south of Unit 3, across from the intersection of Watson Lane West, and consider authorizing the City Manager to approve a development agreement between the City of New Braunfels and Aguilas Robles, LLC and MJD Endeavors, LLC related to the City’s consent to the creation of the Flying W MUD. Christopher J. Looney, AICP, Planning and Development Services Director 4. EXECUTIVE SESSIONS In accordance with the Open Meetings Act, Texas Government Code, Ch. 551, the City Council may convene in a closed session to discuss any of the items listed below. Any final action or vote on any executive session item will be taken in open session. A) Deliberate the purchase, exchange, lease or value of 22-610 real estate in accordance with Section 551.072 of the Texas Government Code, specifically City of New Braunfels, Texas Page 5 Posted On: 6/8/2022 4:44:02PM  City Council Agenda June 13, 2022 · Billboards · Land for City Facilities B) Deliberate pending/contemplated litigation, settlement 22-623 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: · H.B. 1925 state law and city ordinances 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT CERTIFICATION I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall. _____________________________________ Gayle Wilkinson, 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 6 Posted On: 6/8/2022 4:44:02PM