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City Council

Regular Meeting

New Braunfels, TX · November 12, 2024

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Minutes

FINAL - MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF TUESDAY, NOVEMBER 12, 2024 AGENDA CALL TO ORDER Mayor Linnartz called the meeting to order at 6:00 p.m. CALL OF ROLL: CITY SECRETARY Present: 7 - Mayor Neal Linnartz, Mayor Pro Tem Andres Campos, Councilmember Christopher Willis, Councilmember D. Lee Edwards, Councilmember Lawrence Spradley, Councilmember Mary Ann Labowski, and Councilmember April Ryan REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER EDWARDS Councilmember Edwards 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. PROCLAMATIONS: A) GIS Awareness Week Mayor Linnartz read the aforementioned proclamation. The City of New Braunfels GIS team accepted the proclamation. B) Domestic Violence Awareness Mayor Linnartz read the aforementioned proclamation. Individuals with the Comal County Crisis Center accepted the proclamation and addressed council. C) Tree of Angels Mayor Linnartz read the aforementioned proclamation. New Braunfels Police Department representatives accepted the proclamation and addressed council. Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting 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: David Warmke, Jim Holster, Peter Vasquez 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. Jim Holster pulled item F for individual consideration. Resolutions & Action Items A) Approval of the October 28, 2024 regular and executive session minutes. B) Approval to accept a grant awarded by the U.S. Department of Transportation to the Transportation & Capital Improvements department; authorization for the City Manager or approved designee to execute all contract documents associated with the grant; and approval of the associated budget amendment. C) Approval to declare a 2008 Pierce Velocity Fire Engine from the fire department fleet as surplus. D) Approval of a contract modification with Pape Dawson Engineers, Inc. to continue the City’s Americans with Disabilities Act Transition Plan. E) Approval of a contract with Dean Word Company, LTD for the construction of the McQueeney Road Improvements, construction materials testing with Terracon Consultants, Inc., and authorization for the City Manager to execute any change orders and project expenditures up to the contingency amount. Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting F) Approval of a resolution authorizing obligation of funding provided by the U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Program, a part of the American Rescue Plan Act, and authorizing the City Manager to act on behalf of the City of New Braunfels in all matters related to this funding, including execution of all related and necessary documents. G) Approval of an FY 2025 Budget Amendment to the Citywide FTE (Full-Time Equivalent) total from 897.00 to 899.25. H) Approval of a resolution recommended by the New Braunfels Economic Development Corporation for a project expenditure of up to $250,000 to the SPARK Small Business Center to assist with the operation of an economic development program, pursuant to 505.102 of the Texas Local Government Code. I) Approval of a resolution recommended by the New Braunfels Economic Development Corporation approving a project expenditure, of up to $200,000, for final design of the AAMPO Citywide Pedestrian Project, pursuant to Section 505.152 of the Texas Local Government Code. J) Approval of a resolution; ratification for the submission of an application to the Motor Vehicle Crime Prevention Authority, Fiscal Year 2025 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. K) Approval of a contract with The Levy Company, Inc. to perform sitework required to install license plate readers for the New Braunfels Police Department using grant funds awarded by the Motor Vehicle Crime Prevention Authority, Fiscal Year 2024 SB 224 Catalytic Converter Grant Program. L) Approval of a contract and authorizing the City Manager to execute a professional services agreement with the law firm of Thornton, Biechlin, Reynolds & Guerra, L.C. to represent the City in litigation involving the North Tributary Project, and authorizing the retention of outside experts as needed. Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) M) Approval of the first reading of an ordinance to amend Article IV, Section 30-61 of the Code of Ordinances of the City of New Braunfels to align it with the recently updated ordinance that changed the Partnership Committee membership from 15 to 11, by removing the verbiage stating five (5) members shall be appointed each year. N) Approval of the second and final reading of an ordinance to remove 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. O) Approval of the second and final reading of an ordinance 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. P) Approval of the second and final reading of an ordinance to 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. Q) Approval of the second and final reading of an ordinance to 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. R) Approval of the second and final reading of an amendment to the New Braunfels Code of Ordinances Chapter 138-167 to change the annual Water Recreation Shuttle Vehicle Permit deadline from May 1st to May 15th. S) Approval of the second and final reading of an ordinance to amend Section 126-381 of the Code of Ordinances of the City of New Braunfels to change paid parking on Fair Lane from weekends and Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting 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. Approval of the Consent Agenda Mayor Linnartz read the aforementioned consent agenda ordinance items and noted that Item F was pulled for individual consideration. Mayor Pro Tem Campos made a motion to approve the consent agenda with the exception of item F. Councilmember Ryan seconded the motion which passed unanimously. 2. INDIVIDUAL ITEMS FOR CONSIDERATION F-1) Approval of a resolution authorizing obligation of funding provided by the U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Program, a part of the American Rescue Plan Act, and authorizing the City Manager to act on behalf of the City of New Braunfels in all matters related to this funding, including execution of all related and necessary documents. Jim Holster pulled this item for individual consideration. Mayor Linnartz read the aforementioned item. Jim Holster asked questions regarding the item. Councilmember Willis motioned to approve this item. Mayor Pro Tem Campos seconded the motion which passed unanimously. A) Discuss and consider a resolution to cast 497 votes toward the election of a member of the Comal Appraisal District Board of Directors. Mayor Linnartz read the aforementioned item. Gayle Wilkinson presented the item to council. Mayor Pro Tem Campos motioned to cast 497 votes to Eric Couch. Councilmember Spradley seconded the motion which passed unanimously. B) Discuss and consider a resolution to cast 140 votes toward the election of a member of the Guadalupe Appraisal District Board of Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting Directors. Mayor Linnartz read the aforementioned item. Gayle Wilkinson presented the item to council. Councilmember Edwards motioned to cast 140 votes to Ernesto Rodriguez. Councilmember Ryan seconded the motion which passed unanimously. C) Discuss and consider approval of a proposed development agreement between Lamar Advantage Holding Company and the City of New Braunfels related to the conversion of an existing static billboard (off-premises sign) to a digital billboard, currently addressed at 1200 IH 35 North. Mayor Linnartz read the aforementioned item. Christopher Looney presented the item to council using a powerpoint and answered questions. The following individuals spoke at this time: David Warmke Mayor Pro Tem Campos motioned to approve this item. Councilmember Spradley seconded the motion which passed unanimously. D) Discuss and consider the second and final reading of an ordinance to 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. Mayor Linnartz read the aforementioned item. Jordan Matney, Greg Malatek, Chief Ruy Lozano, and Captain Steven Hanna presented the item to council using a powerpoint and answered questions. The following individuals spoke at this time: James Reno, Matthew Hoyt, David Greene, Stacy Thigpen, Daryl Alonzo, Richard Hillyer, David Warmke, Martha Dixon, Jerry Schubert, Jeff Coultas, Will Dawson, John Brotzu, Kelly Stallings, Cindy Wictor, Reese, Shane Fisher, Christopher Ricks, David Kipp, Jim Hardin, Jim Holster Mayor Linnartz motioned to approve this item. Councilmember Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting Edwards seconded the motion which passed 6/1. Opposed: Councilmember Labowski E) Discuss and consider the second and final reading of an ordinance to 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. Mayor Linnartz read the aforementioned item. Christopher Looney presented the item to council using a powerpoint. Applicant representative Wayne Flores presented to council. Mayor Pro Tem Campos motioned to approve this item. Councilmember Ryan seconded the motion which passed 4/3. Opposed: Councilmember Willis, Councilmember Spradley, and Councilmember Labowski F) Public hearing and first reading of an ordinance regarding the designation of Reinvestment Zone No. 2024-1 for tax abatement purposes, pursuant to Chapter 312 of the Texas Tax Code. Mayor Linnartz read the aforementioned item. Jeff Jewell presented the item to council using a powerpoint and answered questions. The following individuals spoke at this time: David Warmke Councilmember Spradley motioned to approve this item. Councilmember Labowski seconded the motion which passed unanimously. 3. EXECUTIVE SESSION Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting 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 the appointment, evaluation, duties, discipline, or removal of the Municipal Court Judge, City Attorney, and City Manager in accordance with Section 551.074 of the Texas Government Code. The aforementioned executive session item was not read. 4. IF NECESSARY, RECONVENE INTO OPEN SESSION AND TAKE ANY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. No action was taken at this time. ADJOURNMENT Mayor Linnartz adjourned at 8:28 p.m. By: ______________________________ NEAL LINNARTZ, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Tuesday, November 12, 2024 New Braunfels City Council Regular Meeting

Agenda

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET TUESDAY, NOVEMBER 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 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 EDWARDS PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) GIS Awareness Week 24-1314 B) Domestic Violence Awareness 24-1416 C) Tree of Angels 24-1417 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: 11/7/2024 3:27:13PM City Council Agenda November 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 October 28, 2024 regular and executive 24-1408 session minutes. Matthew Schwarz, Assistant City Secretary B) Approval to accept a grant awarded by the U.S. 24-1383 Department of Transportation to the Transportation & Capital Improvements department; authorization for the City Manager or approved designee to execute all contract documents associated with the grant; and approval of the associated budget amendment. Jennifer Gates, Grants Coordinator C) Approval to declare a 2008 Pierce Velocity Fire Engine 24-1407 from the fire department fleet as surplus. Ruy Lozano, Fire Chief D) Approval of a contract modification with Pape Dawson 24-1430 Engineers, Inc. to continue the City’s Americans with Disabilities Act Transition Plan. Scott McClelland, Assistant Transportation and Capital Improvements Director E) Approval of a contract with Dean Word Company, LTD 24-1333 for the construction of the McQueeney Road Improvements, construction materials testing with Terracon Consultants, Inc., and authorization for the City Manager to execute any change orders and project expenditures up to the contingency amount. Scott McClelland, Assistant Transportation and Capital Improvements Director F) Approval of a resolution authorizing obligation of funding 24-1406 provided by the U.S. Department of the Treasury, Coronavirus State and Local Fiscal Recovery Funds Program, a part of the American Rescue Plan Act, and authorizing the City Manager to act on behalf of the City of New Braunfels in all matters related to this funding, including execution of all related and necessary documents. City of New Braunfels, Texas Page 2 Posted On: 11/7/2024 3:27:13PM City Council Agenda November 12, 2024 Jared Werner, Assistant City Manager G) Approval of an FY 2025 Budget Amendment to the 24-1397 Citywide FTE (Full-Time Equivalent) total from 897.00 to 899.25. Karrie Cook, Budget Manager H) Approval of a resolution recommended by the New 24-1374 Braunfels Economic Development Corporation for a project expenditure of up to $250,000 to the SPARK Small Business Center to assist with the operation of an economic development program, pursuant to 505.102 of the Texas Local Government Code. Jeff Jewell, Economic and Community Development Director I) Approval of a resolution recommended by the New 24-1389 Braunfels Economic Development Corporation approving a project expenditure, of up to $200,000, for final design of the AAMPO Citywide Pedestrian Project, pursuant to Section 505.152 of the Texas Local Government Code. Scott McClelland, Assistant Transportation and Capital Improvements Director J) Approval of a resolution; ratification for the submission of 24-1440 an application to the Motor Vehicle Crime Prevention Authority, Fiscal Year 2025 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 K) Approval of a contract with The Levy Company, Inc. to 24-1441 perform sitework required to install license plate readers for the New Braunfels Police Department using grant funds awarded by the Motor Vehicle Crime Prevention Authority, Fiscal Year 2024 SB 224 Catalytic Converter Grant Program. Jennifer Gates, Grants Coordinator L) Approval of a contract and authorizing the City Manager 24-1454 to execute a professional services agreement with the law firm of Thornton, Biechlin, Reynolds & Guerra, L.C. to represent the City in litigation involving the North City of New Braunfels, Texas Page 3 Posted On: 11/7/2024 3:27:13PM City Council Agenda November 12, 2024 Tributary Project, and authorizing the retention of outside experts as needed. Valeria Acevedo, City Attorney Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) M) Approval of the first reading of an ordinance to amend 24-1398 Article IV, Section 30-61 of the Code of Ordinances of the City of New Braunfels to align it with the recently updated ordinance that changed the Partnership Committee membership from 15 to 11, by removing the verbiage stating five (5) members shall be appointed each year. Gayle Wilkinson, City Secretary N) Approval of the second and final reading of an ordinance 24-1409 to remove 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 O) Approval of the second and final reading of an ordinance 24-1410 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. Christopher J. Looney, AICP, Planning and Development Services Director P) Approval of the second and final reading of an ordinance 24-1402 to 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 Q) Approval of the second and final reading of an ordinance 24-1403 to rezone 0.21 acres out of Kuehler Addition Subdivision, City of New Braunfels, Texas Page 4 Posted On: 11/7/2024 3:27:13PM City Council Agenda November 12, 2024 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 R) Approval of the second and final reading of an 24-1457 amendment to the New 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 S) Approval of the second and final reading of an ordinance 24-1458 to amend 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 2. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider a resolution to cast 497 votes 24-1189 toward the election of a member of the Comal Appraisal District Board of Directors. Gayle Wilkinson, City Secretary B) Discuss and consider a resolution to cast 140 votes 24-1190 toward the election of a member of the Guadalupe Appraisal District Board of Directors. Gayle Wilkinson, City Secretary C) Discuss and consider approval of a proposed 24-1405 development agreement between Lamar Advantage Holding Company and the City of New Braunfels related to the conversion of an existing static billboard (off-premises sign) to a digital billboard, currently addressed at 1200 IH 35 North. Christopher J. Looney, AICP, Planning and Development Services Director D) Discuss and consider the second and final reading of an 24-1412 ordinance to amend Article I, Section 86-3 (b) of the City of New Braunfels, Texas Page 5 Posted On: 11/7/2024 3:27:13PM City Council Agenda November 12, 2024 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) Discuss and consider the second and final reading of an 24-1404 ordinance to 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 24-1414 regarding the designation of Reinvestment Zone No. 2024-1 for tax abatement purposes, pursuant to Chapter 312 of the Texas Tax Code. Jeff Jewell, Economic and Community Development 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 the appointment, evaluation, duties, discipline, 24-1438 or removal of the Municipal Court Judge, City Attorney, and City Manager 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: 11/7/2024 3:27:13PM City Council Agenda November 12, 2024 I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall. _____________________________________ Matthew Schwarz, Assistant 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: 11/7/2024 3:27:13PM

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