City Council

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, OCTOBER 28, 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 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 PROCLAMATIONS: A) Heritage Society of New Braunfels Month 24-1218 B) Wurstfest 24-1230 C) Family Promise Week 24-1250 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: 10/24/2024 3:02:35PM  City Council Agenda October 28, 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 October 14, 2024 regular and executive 24-1357 session meeting minutes and the October 21, 2024 special meeting minutes. Matthew Schwarz, Assistant City Secretary B) Approval of the Mayoral appointment of Bernard JWH 24-1319 Miedema to a vacant unexpired seat with a term ending May 31, 2026, for the Reinvestment Zone No. 1 (TIRZ). Gayle Wilkinson, City Secretary C) Approval of the City of New Braunfels FY 2024 Third 24-1376 Quarter Investment Report. Carren Ridge, Accounting and Treasury Manager D) Approval of a FY 2025 Budget Amendment in the 24-1220 General Fund - Public Works Department to reallocate the Capital Budget to Non-Departmental Contingencies. Karrie Cook, Budget Manager E) Approval of purchases of vehicles with Bluebonnet 24-1371 Motors Ford and Lake Country Chevrolet for various City Departments and approval to declare replaced units as surplus. Shane Knudson, Fleet Manager F) Approval of an expenditure to Seguin Diesel Truck 24-1372 Service Inc for the repair of a solid waste collection vehicle. Shane Knudson, Fleet Manager G) Approval of a recommendation by the Tax Increment 24-1307 Reinvestment Zone Board #3 awarding a Business Improvement and Preservation Grant to New Braunfels Art League in an amount up to $11,104.25 for façade and exterior improvements. Jeff Jewell, Economic and Community Development Director H) Approval of annual routine recurring expenditures for FY 24-1373 City of New Braunfels, Texas Page 2 Posted On: 10/24/2024 3:02:35PM  City Council Agenda October 28, 2024 2024 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager I) Approval of a purchase of Five (5) Holmatro Rescue 24-1326 Tools from Siddons-Martin Emergency Group Matt Bushnell, Assistant Fire Chief J) Approval of an agreement with ZOLL Medical for the 24-1328 purchase of extended warranty and preventive maintenance of the fire department defibrillators and automatic external defibrillators. Matt Bushnell, Assistant Fire Chief K) Approval of a Memorandum of Understanding with Comal 24-1381 County to support their grant application for the FY 2024 Edward Byrne Memorial Justice Assistance Grant Program - Local Solicitation as administered by the U.S. Department of Justice, Bureau of Justice Assistance, for the purchase of law enforcement equipment for the Comal County Sheriff’s Office. Jennifer Gates, Grants Coordinator L) Approval to renew the following annual contracts, as 24-1387 allowed for by their contract language and in accordance with City Charter Section 9.17: BB Inspection, Bureau Vistas, Sunland Group, K Friese Assoc., Midtex Oil, Avery Oil, National CineMedia, Freese & Nichols, Policy Confluence, WSP USA, Insight Public Sector-Avolve Project Dox, Catto & Catto Yvette Alvarado, Contract Coordinator M) Approval of a contract with Progressive Commercial 24-1388 Aquatics, a Landmark Aquatic Company, for the renovation of the Olympic Pool at the Landa Park Aquatic Complex and authorization for the City Manager to execute change orders up to the contingency amount. Scott McClelland, Assistant Transportation and Capital Improvements Director N) Approval of a resolution adopting the Investment Policy 24-1272 for the City of New Braunfels including the Authorized Broker/Dealer list. Carren Ridge, Accounting & Treasury Manager City of New Braunfels, Texas Page 3 Posted On: 10/24/2024 3:02:35PM  City Council Agenda October 28, 2024 Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) O) Approval of the first reading of an ordinance to remove 24-1278 the vehicle storage facility and junkyard licensing process, not associated with incident management towing, by repealing Chapter 102 Article II Code of Ordinances and amending Chapter 50 Article II and Chapter 82 Code of Ordinances. Matthew Schwarz, Assistant City Secretary P) Approval of the first reading of an ordinance to amend 24-1184 Section 126-381 of the Code of Ordinances of the City of New Braunfels to change paid parking on Fair Lane from weekends and holidays to have a daily fee May 1st- Labor Day, to add a charge of $20 per space paid parking to Cypress Bend Park May 1st- Labor Day, and to add Cypress Bend Park as a valid location for the Resident River Parking Pass. Jordan Matney, Deputy City Manager Q) Approval of the first reading of an amendment to the New 24-1399 Braunfels Code of Ordinances Chapter 138-167 to change the annual Water Recreation Shuttle Vehicle Permit deadline from May 1st to May 15th. Amy Niles, River and Watershed Manager R) Approval of a second and final reading of an ordinance 24-1351 amending Chapter 122, Taxation, of the Code of Ordinances by adding an exemption from ad valorem taxes for qualifying childcare facility properties; providing for the repeal of conflicting provisions; providing for a severability clause; and declaring an effective date. Jeff Jewell, Economic and Community Development Director 2. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the confirmation of the City 24-1355 Manager’s appointment of Assistant Chief David Blevins as the Interim Police Chief of the New Braunfels Police Department. Robert Camareno, City Manager B) Administration of the Oath of Office to the Interim Police 24-1379 City of New Braunfels, Texas Page 4 Posted On: 10/24/2024 3:02:35PM  City Council Agenda October 28, 2024 Chief of the New Braunfels Police Department. Gayle Wilkinson, City Secretary C) Public hearing and first reading of an ordinance to 24-1315 rezone approximately 13 acres out of the Idea New Braunfels FM 725 Subdivision, Block 1, Lot 1, from APD (Agricultural/Pre-Development District), R-1 (Single Family District), and C-1 (Local Business District) to C-1B SUP (General Business District with a Special Use Permit for Retail), currently addressed as 2072 FM 725. Christopher J. Looney, AICP, Planning and Development Services Director D) Discuss and consider the first reading of an ordinance to 24-1183 amend Article I, Section 86-3 (b) of the Code of Ordinances of the City of New Braunfels to close the Faust Street Bridge right of way on both sides of the Guadalupe River to public access. Jordan Matney, Deputy City Manager E) Public hearing and first reading of an ordinance to 24-1318 rezone approximately 30 acres out of the A. M. Esnaurizar Survey, Abstract 20, from C-1B AH (General Business District with Airport Hazard Overlay) and MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay) to MU-A AH (Low Intensity Mixed Use District with Airport Hazard Overlay), currently addressed as 1983 State Highway 46 S. Christopher J. Looney, AICP, Planning and Development Services Director F) Public hearing and first reading of an ordinance to 24-1317 rezone 0.21 acres out of Kuehler Addition Subdivision, New City Block 1054, Lot 7, from C-3 (Commercial District) to C-3 SUP (Commercial District with a Special Use Permit for Short Term Rental of a residence), currently addressed as 296 E Faust St. Matthew Simmont, AICP, Planning Manager G) Public hearing and first reading of an ordinance 24-1255 regarding the proposed disannexation of approximately 3 acres, being out of the J M Veramendi Two League Survey No. 1, Abstract No. 2, Comal County, Texas, located on the north side of Altgelt Lane between Wald Road and the Union Pacific Railroad. City of New Braunfels, Texas Page 5 Posted On: 10/24/2024 3:02:35PM  City Council Agenda October 28, 2024 Christopher J. Looney, AICP, Planning and Development Services Director 3. 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. A) Deliberate and consider the purchase, exchange, lease, 24-1361 contract terms, due diligence, or value of real property, in accordance with Section 551.072 of the Texas Government Code: 1. TSTC Campus B) Deliberate issues regarding economic development 24-1356 negotiations in accordance with Section 551.087 of the Texas Government Code: · Project Nemo · Project Shoot C) Deliberate pending/contemplated litigation, settlement 24-1306 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. 2014-0522A; Y.C. Partners Ltd. dba Yantis Company v. City of New Braunfels v. Halff Associates, Inc. D) Deliberate the appointment, evaluation, duties, discipline, 24-1363 or removal of the Municipal Court Judge and the City Attorney in accordance with Section 551.074 of the Texas Government Code. 4. IF NECESSARY, RECONVENE INTO OPEN SESSION AND TAKE ANY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT CERTIFICATION City of New Braunfels, Texas Page 6 Posted On: 10/24/2024 3:02:35PM  City Council Agenda October 28, 2024 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 7 Posted On: 10/24/2024 3:02:35PM