City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, NOVEMBER 14, 2022 at 6:00 PM Rusty Brockman, Mayor Lawrence Spradley, Councilmember (District 4) Andres Campos, 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 BLAKEY PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) Anthony Frausto III Day 22-1434 B) GIS Awareness Week 22-1488 CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. In the interest of protecting the City's network and data, we are not accepting flash drives or electronic files to be used during Citizens Communications. Please use hard copies or the overhead projector for any documents you would like Mayor /Council to view. There will be no City Council action at this time. PRESENTATIONS: A) Presentation and update on the Proposed 2023 Bond. 22-1506 Garry Ford, Transportation and Capital Improvements Director B) Presentation and possible direction to staff on strategies 22-1538 the City Council may want to consider implementing to conduct the business of the City during Council meetings more efficiently. Robert Camareno, City Manager City of New Braunfels, Texas Page 1 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 1. MINUTES A) Approval of the minutes for the October 24, 2022 22-1486 Executive Council Meeting, October 24, 2022 Regular Council Meeting and November 1, 2022 Special Council Meeting. Gayle Wilkinson, 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 construction contract with Fischer 22-1490 Construction Co., Inc. for the construction of the Landa Park Aquatics Complex Parking Lot Rehab and Water Quality Retrofit Project, approval of an expenditure with Raba Kistner, Inc. for materials testing services, approval of a contract amendment with Doucet & Associates for construction administration, and authorization for the City Manager to approve change orders up to the contingency amount. Garry Ford, Transportation and Capital Improvements Director B) Approval of a resolution identifying public purpose and 22-1491 authorizing the City Manager to renew a lease agreement between the City of New Braunfels and Circle Arts Theatre for use a portion of the building addressed as 124 Elizabeth Avenue. Matthew Eckmann, Assistant Director of Public Works C) Approval of a purchase with Insight Public Sector SLED. 22-1429 for electronic plan review software to include a SaaS contract with Avolve Software, and a contract modification with Geographical Information Services Inc. for Project Management, Phase 2 - implementation and technical guidance. KC Collins, PE, CFM, Building Official D) Approval of a multi-year contract with National 22-1496 City of New Braunfels, Texas Page 2 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 Cinemedia, LLC for advertising services for Citywide Department use. Paige McDonald, Assistant Purchasing Manager E) Approval of a purchase with Sterling McCall Ford for one 22-1470 ambulance Chassis and remount. Ruy Lozano, Fire Chief F) Approval of an interlocal cooperative purchasing 22-1483 agreement with NPPGov and Lead Agency, League of Oregon Cities LOC in accordance with the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code for goods and services. Barbara Coleman, Purchasing Manager G) Approval of a purchase with Bruckner Truck Sales for a 22-1487 truck mounted attenuator for the for the Police Department. Keith Lane, Chief of Police H) Approval of a purchase with Knight Security Systems 22-1512 (KSS) for video surveillance equipment and installation at the New Braunfels Civic Center. Stacey Dicke, Parks and Recreation Director I) Approval of a contract with Baker Tilly US, LLP for 22-1525 consulting services in the management of an allocation of funding received by the City of New Braunfels from the U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds program, a part of the American Rescue Plan Act. Jared Werner, Assistant City Manager J) Approval of a budget amendment in the FY 2023 22-1532 Equipment Replacement Fund. Greg Gutierrez, Budget Supervisor K) Approval to renew the following annual contracts, as 22-1539 allowed for by their contract language: Supply of Non-Scheduled Pharmaceuticals, Traffic Study Data Collection Services, National Community Survey, Native Riparian Habitat Restoration Parts I & II, Legal Services. Paige McDonald, Assistant Purchasing Manager L) Approval of a purchase with Dobie Supply, LLC for the 22-1507 City of New Braunfels, Texas Page 3 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 manufacture of wayfinding signs, and approval of a contract with Sullivan Contracting Services for the installation of wayfinding signs and authorization for the City Manager to execute any change orders up to the contingency amounts. Garry Ford, Transportation and Capital Improvements Director M) Approval of a resolution of the City Council of the City of 22-1548 New Braunfels authorizing the City Manager to act on behalf of the City of New Braunfels in all matters related to application and pledging that the City of New Braunfels will comply with the requirements of the Federal Aviation Administration to conduct a VISTA study at the New Braunfels National Airport. Dr. Robert Lee, AAE 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 first reading of an ordinance to amend 22-1508 Sections 126-354 (f), (g), and (h) of the Code of Ordinances to remove application requirements and fee for up to two additional parking permit tags and specify that parking by permit tags will be mailed annually. Sarah Martin, Assistant City Secretary O) Approval of the second and final reading of an ordinance 22-1449 regarding the proposed rezoning of approximately 0.72 of an acre from “M-2” Heavy Industrial District to “R-2A” Single Family and Two-Family District out of the H Foster Survey 34, Abstract 154, currently addressed at 956 Broadway. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director P) Approval of the second and final reading of an ordinance 22-1450 regarding a proposed rezoning to apply a Special Use Permit to allow Short-Term Rental of a residence in the “C-3” Commercial District out of the Kuehler Addition Subdivision, New City Block 1055, Lot 15, addressed at 323 Kessler Street. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director Q) Approval of the second and final reading of an ordinance 22-1451 City of New Braunfels, Texas Page 4 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 regarding the proposed rezoning of approximately 0.72 of an acre from “APD” Agricultural/Predevelopment District to “R-3L” Multifamily Low Density District out of the Franks Subdivision, Lot 1, currently addressed at 261 Alves Lane. Christopher J. Looney, AICP, Planning and Development Services Director R) Approval of the second and final reading of an ordinance 22-1452 regarding a proposed rezoning of approximately 8,720 sq. ft. (0.2 of an acre) from “SND-1" Special Neighborhood District 1 to “C-O” Commercial Office District, Lot 1 out of the resubdivision of the South Half of City Block 4002 of the Guenther Addition, addressed at 166 Clemens Avenue. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director S) Approval of the second and final reading of an ordinance 22-1453 regarding the proposed rezoning of approximately 0.66 of an acre from “R-2” Single Family and Two-Family District and approximately 1 acre from “C-1” Local Business District to “C-1A” Neighborhood Business District, consisting of Lot 1, Block 7, Forrest Park Subdivision, and Lot 29, Grandview Addition Subdivision, addressed at 1421 North Walnut Avenue. Christopher J. Looney, AICP Planning and Development Services Director 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the second and final reading of an 22-1520 ordinance amending Chapter 130, Article VI, Sections 130-336 through 130-410, code of ordinances of the City of New Braunfels, Texas relating to water and wastewater impact fees; repealing all other ordinances and parts of ordinances in conflict herewith; containing a savings clause; and providing an effective date. Ian Taylor, Chief Executive Officer NBU B) Public hearing and first reading of an ordinance 22-1504 amending Chapter 100 Roadway Impact Fees of the City of New Braunfels Code of Ordinances to update the collection of impact fees and providing an effective date. Garry Ford, Transportation and Capital Improvements Director C) Discuss and consider the reconsideration of a proposed 22-1558 City of New Braunfels, Texas Page 5 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 ordinance to rezone approximately 21.85 acres from “APD” Agricultural/Predevelopment District to “R-2A” Single-family and Two-family District with a Special Use Permit to allow multiple single-family dwellings on a single lot with related development standards, out of the J Thompson Survey 21, Abstract 608, currently addressed at 485, 501, and 521 Ron Road. Christopher Willis, Councilmember D) Discuss and consider the first reading of an ordinance to 22-1423 install an all-way stop at the intersection of Pahmeyer Rd and Rain Dance. Garry Ford, Transportation and Capital Improvements Director E) Discuss and consider the second and final reading of an 22-1338 ordinance to amend Section 126-346 of the Code of Ordinances of the City of New Braunfels to establish a no parking zone on the east side of N Academy Avenue between both intersections with Springs Nursery. Garry Ford, Transportation and Capital Improvements Director F) Public hearing and first reading of a proposed Type 1 22-1458 Special Use Permit to allow an RV Park in the “C-1 AH SUP” Local Business District Airport Hazard Overlay with a Special Use Permit for a Mobile Home Park, and “M-1r10 AH SUP” Light Industrial District Airport Hazard Overlay with a Special Use Permit for a Mobile Home Park, on approximately 0.55 acres out of the A M Esnaurizar Survey, Abstract 20, currently addressed at 1670 Arndt Road. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director G) Discuss and consider approval of the authorization for 22-1549 the City Manager to enter into an interlocal agreement between the City and Guadalupe County regarding subdivision regulations in the City’s extraterritorial jurisdiction located in Guadalupe County. Jordan Matney, Assistant City Manager 4. EXECUTIVE SESSIONS City of New Braunfels, Texas Page 6 Posted On: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 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. 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). A) Deliberate pending/contemplated litigation, settlement 22-1517 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: · Chapter 242 of the Texas Local Government Code and proposed replacement of the current Interlocal Agreement with Guadalupe County on subdivision development regulations. · Stryker Sales Corp. Agreement for emergency equipment. B) Deliberate the purchase, exchange, lease or value of 22-1557 real estate in accordance with Section 551.072 of the Texas Government Code, specifically · Former Fire Station 2 - 4120 Loop 337 C) Deliberate the appointment, evaluation, duties, discipline, 22-1240 or removal of the City Attorney in accordance with Section 551.074 of the Texas Government Code. D) Deliberate the appointment, evaluation, duties, discipline, 22-1241 or removal of the City Manager in accordance with Section 551.074 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: 11/9/2022 3:29:31PM  City Council Agenda November 14, 2022 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 8 Posted On: 11/9/2022 3:29:31PM