City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, AUGUST 12, 2024 at 6:00 PM Neal Linnartz, Mayor Lawrence Spradley, Councilmember (District 4) Andres Campos, Mayor Pro Tem (District 1) Mary Ann Labowski, Councilmember (District 5) Christopher Willis, Councilmember (District 2) April Ryan, Councilmember (District 6) D. Lee Edwards, Councilmember (District 3) Robert Camareno, City Manager AMENDED 08-09-2024 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. 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 City of New Braunfels, Texas Page 1 Posted On: 8/9/2024 3:40:06PM  City Council Agenda August 12, 2024 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 July 22, 2024 Executive and Regular City 24-1023 Council meeting minutes, the August 5, 2024 Special City Council meeting minutes, the August 6, 2024 Special City Council meeting minutes, and the August 8, 2024 Special City Council meeting minutes. Matthew Schwarz, Assistant City Secretary B) Approval of a second amendment to lease agreement 24-1015 between the City of New Braunfels and NCWPCS MPL 25 - Year Sites Tower Holdings, LLC for a communications tower located at 350 S. Castell Ave. Matthew Eckmann, Assistant Director of Public Works C) Approval of annual routine recurring expenditures for FY 24-994 2024 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager D) Approval of a contract with The Library Corporation 24-1010 (TLC) for an integrated library software (ILS) system for a computerized System (hereinafter referred to as "Library•Solution"). Gretchen Pruett, Library Director E) Approval of annual contracts with E-Z Bel construction, 24-995 LLC and The Levy Company, Inc. for installation and maintenance of traffic signals. John Cox, Streets & Drainage Manager F) Approval of an expenditure with Schaefer Plastics North 24-1001 America, LLC of up to $150,000 for the purchase of residential refuse and recycling containers and lids. Elizabeth Ghiorso, Solid Waste Manager G) Approval of a ratification for the submission of a grant 24-996 application to the U.S. Department of Energy for their Energy Efficiency and Conservation Block Grant Program; authorization for the City Manager to accept funds and execute all contract documents associated City of New Braunfels, Texas Page 2 Posted On: 8/9/2024 3:40:06PM  City Council Agenda August 12, 2024 with the grant; and approval of a contract with Yates Company, LLC for the replacement of boilers located at the City’s Main Public Library and Civic/Convention Center. Jennifer Gates, Grants Coordinator H) Approval of an expenditure and corresponding budget 24-1037 amendment in the amount of $163,869 to Collision Country Repair Center for the repair of a solid waste collection vehicle. Matthew Eckmann, Assistant Director of Public Works I) Approval of a recommendation by the Tax Increment 24-1013 Reinvestment Zone #3 Board to amend the TIRZ 3 Project and Financing Plan Jeff Jewell, Economic and Community Development 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.) J) Approval of the first reading of an ordinance amending 24-887 the New Braunfels Code of Ordinances, Chapter 54, Sections 54-41 to 54-55, by repealing an ordinance that established a volunteer fire department. Valeria Acevedo, City Attorney K) Approval of the second and final reading of an ordinance 24-982 to rezone approximately 0.21 of an acre out of the Highland Park Addition Subdivision Block 14, Lot 9, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Short-Term Rental), currently addressed at 1622 Cross Street Christopher J. Looney, AICP, Planning and Development Services Director L) Approval of the second and final reading of an ordinance 24-984 amending the New Braunfels Code of Ordinances, Chapter 1, Section 1-12, to update the official map reflecting the city’s current boundaries and designating that a copy be kept by the Offices of the City Secretary and City Engineer, and other city offices authorized by the City Manager. Valeria Acevedo, City Attorney M) Approval of the second and final reading of an ordinance 24-983 City of New Braunfels, Texas Page 3 Posted On: 8/9/2024 3:40:06PM  City Council Agenda August 12, 2024 amending the New Braunfels Code of Ordinances, Chapter 2, Section 2-127, repealing an ordinance establishing a $50.00 reward for tips leading to the arrest and conviction of persons who damage city property. Valeria Acevedo, City Attorney N) Approval of the second and final reading of an 24-1006 ordinance, of the City Council of the City of New Braunfels, Texas, accepting and approving an Annual Service Plan Update to the Service and Assessment Plan and updated Assessment Roll for the Solms Landing Public Improvement District; making and adopting findings; providing a cumulative repealer clause; and providing an effective date. Sandy Paulos, Director of Finance 2. PRESENTATIONS A) Presentation and update on the feasibility analysis for 24-1018 NBEDC-owned property at Common Street and Gruene Road Jeff Jewell, Economic and Community Development Director 3, INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the approval of the second reading 24-1000 of an ordinance amending Chapter 110 of the Code of Ordinances relating to Solid Waste commercial rates and proposed operational changes. Matthew Eckmann, Assistant Director of Public Works B) Discuss and consider the approval of an amended 24-1024 resolution that supported the submission of 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. Keith Lane, Chief of Police Jennifer Gates, Grants Coordinator 4. EXECUTIVE SESSION 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 on this agenda. Any final action or vote on any executive session item will be taken in open session. City of New Braunfels, Texas Page 4 Posted On: 8/9/2024 3:40:06PM  City Council Agenda August 12, 2024 A) Deliberate and consider the purchase, exchange, lease, 24-1040 contract terms, due diligence, or value of real property, in accordance with Section 551.072 of the Texas Government Code: 1. A-1 SUR-1 AM Esnaurizar, up to 100 acres B) Deliberate pending/contemplated litigation, settlement 24-775 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: a. Discuss Legal Options Relating to Status of New Braunfels Utilities Real Estate Negotiations to Secure Easements Regarding the McKenzie Interceptor Upgrade Project: · Properties owned by NB Avery Park Homeowners Association, Inc: i. a, 0.296 Acre Permanent Utility Easement, a 0.044 Acre Temporary Construction Easement, and a 0.213 Acre Temporary Construction Easement, (Guadalupe County Parcel No. 125092) ii. a 0.632 Acre Permanent Utility Easement, a 0.312 Acre Temporary Construction Easement, and a 0.022 Acre Temporary Construction Easement (Guadalupe County Parcel Nos. 171818 and 171819) · Property owned by Pulte Homes of Texas, L.P and M/I Homes of San Antonio, LLC: i. a 0.563 Acre Temporary Construction Easement (Guadalupe County Parcel No. 55904) · Property owned by Saengerhalle Meadows Homeowners Association, Inc.: i. a 1.827 Acre Permanent Utility Easement, and a 1.025 Acre Temporary Construction Easement, (Guadalupe County Parcel No. 56337) · Properties owned by Rockspring Saur, LLC: i. a 2.088 Acre Permanent Utility Easement, and a 1.395 Acre Temporary Construction Easement, (Guadalupe County Parcel Nos. 191564 and 108128) City of New Braunfels, Texas Page 5 Posted On: 8/9/2024 3:40:06PM  City Council Agenda August 12, 2024 · Properties owned by GCP III St. Croix Landco, LLC: i. a 1.937 Acre Permanent Utility Easement, and a 1.127 Acre Temporary Construction Easement, (Comal County Parcel Nos. 421640; 422735; and 441204); · Property owned by MP New Braunfels, LLC: i. a 1.846 Acre Permanent Utility Easement, and a 0.847 Acre Temporary Construction Easement, (Comal County Parcel No. 71650) b. A-1 SUR-1 AM Esnaurizar, up to 100 acres C) Deliberate issues regarding economic development 24-935 negotiations in accordance with Section 551.087 of the Texas Local Government Code: 1. Project Gather Jeff Jewell, Economic and Community Development Director 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 (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 6 Posted On: 8/9/2024 3:40:06PM