City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, MARCH 25, 2024 at 6:00 PM Neal Linnartz, Mayor Lawrence Spradley, Councilmember (District 4) Andres Campos, Councilmember (District 1) Mary Ann Labowski, Councilmember (District 5) Christopher Willis, Councilmember (District 2) April Ryan, 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 LABOWSKI PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) Intellectual and Developmental Disabilities Awareness 24-184 B) Girl Scouts of Southwest Texas Centennial Day 24-244 C) Autism Awareness Month Proclamation 24-347 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. 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. City of New Braunfels, Texas Page 1 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 Resolutions & Action Items A) Approval of the February 26, 2024 regular and executive 24-330 meeting minutes and the March 18, 2024 special meeting minutes. Matthew Schwarz, Assistant City Secretary B) Approval to amend the FY 2024 Das Rec full-time 24-410 equivalent (FTE’s) from 97.75 FTEs to 98.50 FTEs and the associated budget amendments to General Fund revenue and expenditures. Chad Donegan, Parks Director C) Approval of an Interlocal Cooperation Contract with an 24-329 agency of the State of Texas, under the authority granted in Texas Transportation Code 706 and Texas Government Code Chapter 791, for participation in the FAILURE TO APPEAR (FTA) Program. Robin Shellard, Court Administrator D) Approval of a professional service agreement with 24-290 Freese and Nichols, Inc. for the completion of additional drainage design, bid and construction phase services, and construction phase services contingency for the Goodwin Lane and Conrads Lane Project. Scott McClelland, Assistant Director of Transportation and Capital Improvements E) Approval of an agreement between the City of New 24-355 Braunfels and Comal County regarding election services for the May 4, 2024, election, and authorizing the City Manager to execute the agreement. Gayle Wilkinson, City Secretary F) Approval of a joint election agreement between the 24-357 Comal County and the Comal County Elections Department, the City of New Braunfels, the City of Garden Ridge, the City of Bulverde, New Braunfels Independent School District (“NBISD”), Comal Independent School District (“CISD”), Lake Dunlap Water Control Improvement District, Comal County WID No. 3, and Comal County WID No. 3A regarding the May 4, 2024, election, and authorizing the City Manager to execute the agreement. Gayle Wilkinson, City Secretary City of New Braunfels, Texas Page 2 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 G) Approval of the Workday Enterprise Resource Planning 24-375 (ERP) Software Purchase and Implementation. Jared Werner, Assistant City Manager H) Approval of a FY 2023 Budget Amendment to record the 24-395 full purchase of the real property addressed as 256 and 264 Krueger Avenue previously approved on 08/14/2023. Karrie Cook, Budget Manager I) Approval of the appointment of Kenneth Dalfonso, district 24-378 4, to the Transportation and Traffic Advisory Board for the unexpired term ending 05-31-2024 and for a regular term ending 05-31-2027. Gayle Wilkinson, City Secretary J) Approval of a variance request to allow the sale of 24-351 alcohol for on-premises consumption within 300 feet of a church for a proposed business in the Creekside Wellness Center Planned Development District, Creekside Wellness Center, Lot 19A, currently addressed at 2031 Central Plaza, Suite 101. Matthew Simmont, AICP Planning Manager K) Approval of a contract modification with The Goodman 24-398 Corporation for Bid Phase, Construction Phase Engineering, and Local Government Project Procedures Services for the Common Street Pedestrian Improvements Project. Scott McClelland, Assistant Director of Transportation and Capital Improvements L) Approval of proposed amendments to the Mayfair 24-311 Development Agreement related to the Sector Plan approval process. Matt Greene, Principal Planner M) Approval of a project expenditure to Guadalupe Valley 24-402 Electric Cooperative (GVEC) for the design and construction of the underground electric system for the Zipp Family Sports Park. Scott McClelland, Assistant Director of Transportation and Capital Improvements N) Approval of renewal with Insight Public Sector SLED, for 24-322 electronic plan review software to include a SaaS renewal with Avolve Software. City of New Braunfels, Texas Page 3 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 KC Collins, PE, CFM, Building Official O) Approval of annual routine recurring expenditures for FY 24-412 2024 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager P) Approval of an Amended and Restated Easement and 24-414 related Agreement between Comal County, Veramendi PE-Fremantle, LLC, and the City of New Braunfels, and authorizing the City Manager to execute the same and related documents. Garry Ford, Transportation and Capital Improvements Director Q) Approval of a resolution to consent to the creation of the 24-321 Park Place Municipal Utility District (MUD) of Guadalupe County, consisting of 70.817 acres, and including approval of a resolution to consent to the annexation of an additional 22.681 acres into the MUD following the District’s creation, organization, and confirmation; and approval authorizing the City Manager to approve a development agreement between the City of New Braunfels and Century Land Holdings II, LLC. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director R) Approval of a resolution authorizing the City Manager to 24-343 enter into an Advance Funding Agreement between the City of New Braunfels and Texas Department of Transportation for the Dry Comal Hike and Bike Trail Segment 1. Garry Ford, Transportation and Capital Improvements Director S) Approval of a resolution; ratification for the submission of 24-399 a grant application to the Office of the Governor, Criminal Justice Division’s 2025 State and Local Cybersecurity Grant Program - Governance and Planning objective to request funds to create and implement a cybersecurity incident response plan for the Information Technology department; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. Jennifer Gates, Grants Coordinator T) Approval of a resolution; ratification for the submission of 24-400 a grant application to the Office of the Governor, Criminal City of New Braunfels, Texas Page 4 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 Justice Division’s 2025 State and Local Cybersecurity Grant Program - Workforce Development objective to request funds for cybersecurity training for the Information Technology department; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. Jennifer Gates, Grants Coordinator U) Approval of a resolution; ratification for the submission of 24-413 an application to the Motor Vehicle Crime Prevention Authority, Fiscal Year 2024 SB 224 Catalytic Converter Grant Program on behalf of the New Braunfels Police Department for personnel and equipment costs; and authorization for the City Manager or authorized designee to act on behalf of the City in all matters related to the grant if awarded. Jennifer Gates, Grants Coordinator V) Approval of a resolution adopting the New Braunfels 24-391 Street Safety Action Plan. 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.) W) Approval of the first reading of an ordinance amending 24-313 the New Braunfels, Texas Code of Ordinances, Chapter 86 - Parks and Recreation, Section 86-91 Golf Course Fees; and moving these fees to Appendix D, Fee Schedule; Providing a savings clause; and declaring an effective date. Sandy Paulos, Director of Finance X) Approval of the first reading of an ordinance repealing 23-1531 the Safe City Commission, established by Sections 2-86 through 2-90, in the New Braunfels Code of Ordinances; providing for an effective date. Gayle Wilkinson, City Secretary Y) Approval of the first reading of an ordinance granting 24-275 rehabilitation tax relief for a five-year period to the property currently addressed as 708 West Mill Street, a local Historic Landmark known as the Mergele House. City of New Braunfels, Texas Page 5 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 Katie Totman, Historic Preservation Officer Z) Approval of the second and final reading of an ordinance 24-392 to amend Chapter 58, Floods, Section 58-28.2 and Section 58-29.1 of the Code of Ordinances of the City of New Braunfels to update the effective dates for the Flood Insurance Study and accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps for Comal and Guadalupe Counties and designate the city’s floodplain administrator to the city engineer or city engineer’s designee. Garry Ford, Transportation and Capital Improvements Director 2. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of implementing a traffic 24-319 calming plan on Willowbrook. Carly Farmer, Engineer B) Discuss and consider the acceptance of the FY 2023 24-401 Audit and Annual Comprehensive Financial Report performed by Belt Harris Pechacek, LLLP. Angie Harris, Assistant Director of Finance C) Public hearing and first reading of an ordinance to 24-350 rezone approximately 5 acres out of the William Pate Survey, Abstract 259, from C-1Br78 (General Business District with Restrictions) to C-1A (Neighborhood Business District), currently addressed at 2025 FM 725 & 167 Pecan Bluff. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director D) Public hearing and first reading of an ordinance 24-147 regarding a request for voluntary annexation of approximately 58 acres on the west side of IH 35 and east of FM 482 between Krueger Canyon Road and Marigold Way, directly northwest of the Engel Road and IH 35 frontage road intersection. Christopher J. Looney, Planning and Development Services Director E) Public hearing and first reading of an ordinance to zone 24-183 approximately 59 acres out of the Francisco Rodriguez Survey 99, Abstract 484, to M-1A (Light Industrial District), currently addressed as 5467 FM 482. Christopher J. Looney, AICP Planning and Development Services Director City of New Braunfels, Texas Page 6 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 F) Public hearing and first reading of an ordinance to 24-182 rezone 18.1 acres out of the John Noyes Survey 259, Abstract 430, from APD (Agricultural/Pre-Development District) to M-1A (Light Industrial District), currently addressed as 5467 FM 482. Christopher J. Looney, AICP, Planning and Development Services Director G) Public hearing and consideration of an amendment to the 24-344 Veramendi Master Framework Plan. Matthew Simmont, AICP, Planning Manager H) Public hearing and consideration of the proposed 24-345 Veramendi Sector Plan 7 within the Comal County Water Improvement District #1, encompassing approximately 466 acres out of the JM Veramendi Survey 2 Abstract 3, including property east of the intersection of Hueco Springs Loop Road and River Road within the Veramendi Project. Matthew Simmont, AICP, Planning Manager 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 the purchase, exchange, lease or value of 24-393 real estate in accordance with Section 551.072 of the Texas Government Code, specifically · 2602 FM 758 · Kohlenberg Road Property B) Deliberate pending/contemplated litigation, settlement 24-424 offer(s), and matters concerning privileged and unprivileged client information deem 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: · Proposed development agreement with Rockspring City of New Braunfels, Texas Page 7 Posted On: 3/20/2024 4:22:50PM  City Council Agenda March 25, 2024 Saur, LLC, and related development and roadway matters. 4. 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 (830) 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: 3/20/2024 4:22:50PM