City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, MARCH 13, 2023 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 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 WILLIS 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. 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. 1. MINUTES A) Approval of the minutes for the February 27th regular 23-273 and executive sessions. Matthew Schwarz, Assistant City Secretary 2. CONSENT AGENDA City of New Braunfels, Texas Page 1 Posted On: 3/8/2023 3:37:28PM  City Council Agenda March 13, 2023 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 Randall Allsup as Chair, an annual 23-234 appointment, to the Workforce Housing Advisory Committee (WHAC) Jeff Jewell, Economic and Community Development Director B) Approval of a resolution authorizing the City of New 23-240 Braunfels to enter into an agreement with the Texas Department of Transportation on behalf of the New Braunfels Police Department for the placement of automatic license plate readers on state highway right of ways. Michael Penshorn, Police Captain C) Approval of an agreement between the City of New 23-270 Braunfels and Comal County regarding election services for the May 6, 2023, election, and authorizing the City Manager to execute the agreement. Gayle Wilkinson, City Secretary D) Approval of a joint election agreement between the 23-271 Comal County and the Comal County Elections Department, the City of New Braunfels, the City of Garden Ridge, the City of Bulverde, and Comal Independent School District (“CISD”), regarding the May 6, 2023, election, and authorizing the City Manager to execute the agreement. Gayle Wilkinson,City Secretary E) Approval to ratify the submission of an application to the 23-282 Department of Homeland Security’s Fiscal Year 2022 Assistance to Firefighters Grant Program for the purchase of two vehicles for the New Braunfels Fire Department, and authorization for the City Manager to accept funds and execute all contract documents associated with the grant if awarded. Jennifer Gates, Grants Coordinator City of New Braunfels, Texas Page 2 Posted On: 3/8/2023 3:37:28PM  City Council Agenda March 13, 2023 F) Approval of a contract with Tegrity Contractors for the 23-256 construction of site and infrastructure improvements for Fire Station #7 and Training Center, a task order with Raba Kistner for materials testing services, and authorization for the City Manager to execute any change orders up to the contingency amounts. Garry Ford, Transportation and Capital Improvements Director G) Approval of a Professional Services Agreement with RVK 23-257 Architecture for final design and construction phase services for the renovations to Fire Station #5 and approval of Construction Manager at Risk as the delivery method for the project. Garry Ford, Transportation and Capital Improvements Director H) Approval of a Professional Service Agreement with 23-258 Arcadis U.S., Inc for full design services of the Eikel Street and North Santa Clara Avenue In-Pipe Stormwater Filtration System and authorization for the City Manager to execute contract modifications in accordance with the purchasing policy. 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.) I) Approval of the second and final reading of an ordinance 23-261 regarding a proposed rezoning to apply a Special Use Permit to allow a bed and breakfast in the “R-2 HD” Single-Family and Two-Family District with a Historic District Overlay, Lot 5, City Block 3019, addressed at 648, 650, & 652 West Mill Street. Christopher J. Looney, AICP, Planning and Development Services Director J) Approval of second and final reading of an ordinance 23-264 regarding a proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “C-3” Commercial District, Lot 10, City Block 1073, addressed at 194 Perryman Street. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director K) Approval of the first reading of an ordinance amending 23-216 the position classification to rename the rank of Detective City of New Braunfels, Texas Page 3 Posted On: 3/8/2023 3:37:28PM  City Council Agenda March 13, 2023 to Corporal in the New Braunfels Police Department pursuant to Local Government Code, Chapter 143. Becca Miears, Director of Human Resources L) Approval of the second and final reading of an ordinance 23-297 to amend the City’s Code of Ordinances Chapter 114 (Streets, Sidewalks and other Public Places) Section 100 Variances and Appeals, and Appendix D (Fee Schedule), to align boards with relevant actions, streamline processes, relocate some sections, facilitate flexibility, and address identified issues ahead of the Land Development Ordinance project. Christopher J. Looney, AICP, Planning & Development Services Director 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing and first reading of an ordinance 23-262 regarding an amendment to Ordinance No. 2004-76, the “Kamp Kendrick” Planned Development District, to allow Short-Term Rentals of Lots 1 & 2R, Block 1, Kamp Kendrick, addressed at 1001 and 1005 Gruene Road. Christopher J. Looney, AICP, Planning and Development Services Director B) Discuss and consider the second and final reading of an 23-265 ordinance regarding a proposed rezoning of approximately 8.4 acres out of the William Pate Survey, Abstract 259, from “APD” Agricultural/Pre-Development District to “ZH-A” Zero Lot Line Home District, currently addressed at 254 E. County Line Road. Jean Drew, AICP, CNU-A, Planning & Development Services Assistant Director C) Discuss and consider the second and final reading of an 23-263 ordinance regarding a proposed amendment to an existing Special Use Permit, Ordinance No. 1999-71, to allow the sale of mixed beverages for on-premise consumption and the sale of beer and wine for off-premise consumption at an existing bed and breakfast in the “R-2” Single-Family and Two-Family District, being Lots 1, 2, and 3, Block 1, Gruenecliff Subdivision, Unit 2, addressed at 1111 Gruene Road. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director D) Public hearing regarding a Substantial Amendment to the 23-283 Program Year 2022 Annual Action Plan for the City of New Braunfels, Texas Page 4 Posted On: 3/8/2023 3:37:28PM  City Council Agenda March 13, 2023 Community Development Block Grant provided by the U.S. Department of Housing and Urban Development. Jennifer Gates, Grants Coordinator E) Discuss and consider a request for a conditional sign 23-277 permit to allow one electronic message sign on the property addressed at 710 Landa St. 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. 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 23-285 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: · Cause No. 2022-0386D, City of New Braunfels, Texas vs. IN REM 420 BUS 35 N, New Braunfels, Texas 78130; and JIMON INC. D/B/A River Ranch RV Park Resort · Strategic Partnership Agreement Between the City of New Braunfels, Texas, and Comal County Water Improvement District No. 1. · Proposed Strategic Partnership Agreement Between the City of New Braunfels, Texas, and Comal County Water Improvement District No. 3. B) Deliberate the purchase, exchange, lease or value of 23-310 real estate in accordance with Section 551.072 of the Texas Government Code, specifically · 1530 South Seguin Ave. 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT City of New Braunfels, Texas Page 5 Posted On: 3/8/2023 3:37:28PM  City Council Agenda March 13, 2023 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: 3/8/2023 3:37:28PM