City Council

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JUNE 26, 2023 AGENDA CALL TO ORDER Mayor Linnartz called the meeting to order at 6:00 p.m. CALL OF ROLL: CITY SECRETARY Present: 6 - Mayor Neal Linnartz, Councilmember Christopher Willis, Mayor Pro Tem Harry Bowers, Councilmember Lawrence Spradley, Councilmember Mary Ann Labowski, and Councilmember April Ryan Absent: 1 - Councilmember Andres Campos REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: MAYOR PRO TEM BOWERS Mayor Pro Tem Bowers provided the invocation. PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Linnartz led the Pledge of Allegiance and the Salute to the Texas Flag. ELECTION ACTIONS: A) Complete and issue Certificate of election to the Councilmember - elect April Ryan for District 6. Mayor Linnartz read the aforementioned item. City Secretary Gayle Wilkinson Indicated this has been done. B) Administer the oath of office to District 6 Councilmember - elect April Ryan. Mayor Linnartz read the aforementioned item. Councilmember-elect April Ryan was sworn into office by Judge Charles Stephens. C) Presentation and recognition of the public service rendered by Councilmember James Blakey as District Six Councilmember. Monday, June 26, 2023 New Braunfels City Council Regular Meeting  Mayor Linnartz read the aforementioned item, read a proclamation recognizing Councilmember James Blakey's public service, and presented him with an award. 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. In the interest of protecting the City's network and data, the City is not accepting flash drives or electronic files for use during Citizens Communications. Please use hard copies, the overhead projector or access the City’s online digital form to upload electronic files you would like the Mayor and Council to view. The digital form would need to be uploaded two (2) hours prior to the City Council meeting. A link to this form can be accessed on the City Secretary’s website. The following individuals spoke at this time: Steve Ceh, Marty Hiles, Devon Brandelich, Michael Murphy, Joeylynn Mesaros, Russell VanHoose, Crystal Carter, Yolanda Kennedy, LeeAnn Rollins, Kassie Brown, Edwin Brown, Unknown Male, Beverly Evans, Brittany S., Kate Villanueva, McKenna B., Suzanne Casey, Lynn Silver, Trisha Brouche, David Warmke Mayor Linnartz called a 5 minute break. PRESENTATIONS: The following presentations did not take place during the council meeting. A) Recognition of Larry Hildebrand’s Retirement. B) Presentation of check by the German-American Society for the construction of the New Braunfels Cemetery Field of Graves Memorial. The aforementioned presentations did not take place during the council meeting. 1. 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 the June 12, 2023 Regular and Executive session minutes. Monday, June 26, 2023 New Braunfels City Council Regular Meeting  B) Approval of a purchase with Miner, LTD for replacing overhead doors at Fire Station 1. C) Approval of contracts with Diamond R, Roadway Striping, and Stripe It Up for traffic signage and installation. D) Approval of an Interlocal Agreement with Southwest Texas Regional Advisory Council (STRAC) for an electronic records management system, “ImageTrend” to be used by the City Fire Department. E) Approval of a purchase with Library Interiors of Texas for library furniture and installation for the main library Study/Conference room remodel and to add authorization for the City Manager to execute any change orders up to the contingency amount. F) Approval of a contract modification with Westnet, Inc. for the purchase of First-In Fire Station Alerting Automated Voice Dispatch System for Fire Station 7 and authorizing the City Manager to execute contract modifications following the established purchasing policy. G) Approval of the issuance of alternative procurement methods for select 2023 bond construction projects since the City Council finds that these delivery methods will provide the best value to the City. H) Approval of a Professional Services Agreement with K Friese & Associates for the development and adoption of the City of New Braunfels Multimodal Transportation Plan. I) Approval of updates to the Central Texas Technology Center Advisory Board By-Laws J) Approval of a purchase with Siddons-Martin Emergency Group for a 2023 Braun Ambulance for the Fire Department and the associated budget amendment. K) Approval of a contract with Blue Cross Blue Shield for healthcare administrative services for the City’s self-funded Medical, Prescription, and Dental team member benefit plans. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) L) Approval of the first reading of an ordinance changing a street name in Monday, June 26, 2023 New Braunfels City Council Regular Meeting  Dean, Unit 1, from Lorena Wood to Wood Thrush. Approval of the Consent Agenda Mayor Linnartz read the aforementioned consent agenda. Councilmember Spradley motioned to approve the consent agenda. Mayor Pro Tem Bowers seconded the motion which passed unanimously. 2. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing regarding the U.S. Department of Housing and Urban Development Community Development Block Grant Annual Action Plan and its associated funding recommendations for Program Year 2023. Mayor Linnartz read the aforementioned item. Jennifer Gates presented the item to council using a powerpoint and answered questions. The following individuals spoke at this time: Nicole Douglas, Sarah Sorensen, Amanda Hunt B) Discuss and consider the second and final reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow short-term rental of a residence in the “APD” Agricultural/Pre-Development District, Abstract 259, William Pate Survey, addressed at 254 E. County Line Road. Mayor Linnartz read the aforementioned item. Christopher Looney presented the item to council using a powerpoint, indicated the item would require a supermajority, and indicated the applicant requested another postponement. Applicant representative Courtney Phelps addressed council. No motion was made to postpone therefore the item proceeded. Christopher Looney presented the item further using a powerpoint. Courtney Phelps readdressed council and answered questions. Monday, June 26, 2023 New Braunfels City Council Regular Meeting  The following individuals spoke at this time: Steven Clark and Sandra Geren Valeria Acevedo answered questions from council. Councilmember Spradley motioned to approve the item with the condition that the Fire Department and EMS are allowed access to a gate key and the key goes through an annual inspection. Mayor Pro Tem Bowers seconded the motion which passed unanimously. C) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow a multifamily development on approximately 29.2 acres in the "R-2 AH" Single-Family and Two-Family District with Airport Hazard Overlay, out of the A.M. Esnaurizar Survey, Abstract 98, addressed at 1450 FM 1101. Mayor Linnartz read the aforementioned item. Matthew Simmont presented the item to council using a powerpoint and answered questions. Applicant James Ingles presented the item and answered questions. The following individuals spoke at this time: Martin Nealeigh, Jodi Smith, Joy McCarty, David Warmke Councilmember Spradley motioned to deny this item. Councilmember Labowski seconded the motion which failed. A further motion was sought. This item died due to lack of motion. Mayor Linnartz called a 5 minute break. Opposed: Mayor Linnartz, Councilmember Willis, and Councilmember Ryan D) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 5.3 acres consisting of Lot 3, Block 2, Rueckle Commercial Subdivision, from “APD” Agricultural/Pre-Development District to “MU-A” Low Intensity Mixed Use District, located on the north side of Morningside Drive and Monday, June 26, 2023 New Braunfels City Council Regular Meeting  approximately 600 feet east of its intersection with Anthem Lane. Mayor Linnartz read the aforementioned item. Jean Drew presented the item to council using a powerpoint, answered questions, and indicated this item required a supermajority. Applicant Matt Wells addressed council and answered questions. Mayor Pro Tem Bowers motioned to approve this item. Councilmember Willis seconded the motion which passed. Opposed: Councilmember Spradley, and Councilmember Labowski E) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 0.4 acres, to apply a Special Use Permit to allow the short-term rental of a residence in the “C-2” General Business District, Lot 2, City Block 4001, currently addressed at 505 & 521 W San Antonio Street. Mayor Linnartz read the aforementioned item. Christopher Looney presented the item to council using a powerpoint and answered questions. Applicant Luke Speckman addressed council. Councilmember Willis motioned to approve this item. Mayor Pro Tem Bowers seconded the motion which passed unanimously. F) Discuss and consider the appointment of one Councilmember to the Ad Hoc Committee to fill a vacated seat concerning the Boards and Commissions, and the appointment of one Councilmember to fill a vacated seat to the Finance and Audit Committee. Mayor Linnartz read the aforementioned item. Gayle Wilkinson presented the item and indicated council must appoint a member to the Ad Hoc committee and to the Finance and Audit Committee. Mayor Pro Tem Bowers motioned to nominate Councilmember April Ryan to the Ad Hoc Committee. Councilmember Willis seconded the motion which passed unanimously. Councilmember April Ryan abstained from this vote. Monday, June 26, 2023 New Braunfels City Council Regular Meeting  Mayor Pro Tem Bowers nominated Councilmember Lawrence Spradley to the Finance and Audit Committee. Councilmember Labowski seconded the motion which passed unanimously. Councilmember Lawrence Spradley abstained from this vote. G) Discuss and consider a Resolution to nominate a candidate to fill the vacancy for the Comal Appraisal District Board of Directors unexpired seat ending December 31, 2023. Mayor Linnartz read the aforementioned item. Gayle Wilkinson presented the item to council indicating council may nominate an individual to be considered for appointment to the Comal County Appraisal District Board of Directors. Councilmember Labowski nominated Martha Ayala to be nominated for consideration of appointment to the Board of Directors. Councilmember Spradley seconded the motion which passed unanimously. 3. 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 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 Tito’s - Detex B) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Monday, June 26, 2023 New Braunfels City Council Regular Meeting  Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: - Development Agreement between the City of New Braunfels and Word-Borchers Ranch Joint Venture for Proposed Mixed Use Development and Exhibits, and Comal County Flood Control Dam and Flowage Easement. - Rafael Marfil, et al. v. City of New Braunfels - Mayfair Development Agreement and Strategic Partnership Agreement - Municipal Development District - S.B. 2370 relating to Emergency Services District for Mayfair C) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code: - Project Care Package - Project Lark Mayor Linnartz read the aforementioned executive session items. Mayor Linnartz recessed into executive session at 9:35 p.m. 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Linnartz reconvened back into open session at 10:36 p.m. No action was taken at this time. ADJOURNMENT Mayor Linnartz adjourned at 10:36 p.m. By: ______________________________ NEAL LINNARTZ, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, June 26, 2023 New Braunfels City Council Regular Meeting