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City Council

September 9, 2024 ·6:00 PM Final

City Hall - Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 60 items

  1. 1 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.
  2. 2 AGENDA
  3. 3 CALL TO ORDER
  4. 4 CALL OF ROLL: CITY SECRETARY ▶ jump to 0:03
  5. 5 REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL.
  6. 6 INVOCATION: MAYOR LINNARTZ ▶ jump to 0:16
  7. 7 PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG ▶ jump to 0:56
  8. 8 PROCLAMATIONS:
  9. A) Fentanyl Poisoning Awareness Month 24-861 ▶ jump to 1:33
  10. B) Constitution Week 24-868 ▶ jump to 6:15
  11. C) Leukodystrophy Awareness Month 24-867 ▶ jump to 9:33
  12. 12 CITIZENS COMMUNICATIONS ▶ jump to 9:48
  13. 13 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. ▶ jump to 10:00
  14. 1. CONSENT AGENDA
  15. 15 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. ▶ jump to 17:00
  16. 16 Resolutions & Action Items
  17. A) Approval of the minutes for the regular and executive session council meetings on August 26, 2024. 24-1159
  18. B) Approval of a recommendation by the New Braunfels Economic Development Corporation (NBEDC) approving an administrative support and professional services contract, not to exceed $455,386, with the City of New Braunfels for FY 2025. 24-1087
  19. C) Approval of a contract with Lone Star Paving for the reconstruction of West San Antonio Street from Walnut Avenue to Academy Avenue and authorization for the City Manager to execute any change orders up to the contingency amount. 24-1156 ▶ jump to 25:57
  20. C-1) Approval of a contract with Lone Star Paving for the reconstruction of West San Antonio Street from Walnut Avenue to Academy Avenue and authorization for the City Manager to execute any change orders up to the contingency amount. 24-1156 approved Pass ▶ jump to 25:57
  21. D) Approval of a Guaranteed Maximum Price of $1,854,561 with Trimbuilt Construction, Inc. for construction of the Fire Station #5 Renovation Project and approval of an owner’s contingency of $70,000. 24-1157 ▶ jump to 28:17
  22. D-1) Approval of a Guaranteed Maximum Price of $1,854,561 with Trimbuilt Construction, Inc. for construction of the Fire Station #5 Renovation Project and approval of an owner’s contingency of $70,000. 24-1157 approved Pass ▶ jump to 28:17
  23. E) Approval of a contract between the City of New Braunfels and the Humane Society of the New Braunfels Area for FY 2025. 24-1094
  24. F) Approval of a FY 2024 Budget Amendment in the 2013 Bond Fund to support street maintenance projects scheduled to be completed prior to the end of the 2024 fiscal year. 24-1165
  25. G) Approval of a resolution authorizing the City Manager to act on behalf of the City of New Braunfels in all matters related to an awarded Airport Improvement Grant administered by the Texas Department of Transportation, Aviation Division; and approval for a contract with KSA Engineers, Inc. for environmental, design, and bidding services to support the subsequent construction of a perimeter fence at the New Braunfels National Airport. 24-1102
  26. H) Approval of a resolution authorizing the City Manager to enter into an Advance Funding Agreement between the City of New Braunfels and the Texas Department of Transportation for sidewalks along Schmidt Ave and traffic signal improvements at San Antonio Street & Academy Avenue. 24-1106
  27. I) Approval of a resolution to consent to the creation of the Steelwood Trail Municipal Utility District (MUD) within the City’s Extraterritorial Jurisdiction (ETJ) in Guadalupe County, consisting of 93.386 acres, and authorizing the City Manager to execute a development agreement between the City of New Braunfels and SA Given to Fly, L.P. 24-1057
  28. J) Approval of a resolution of support for the Texas Department of Transportation Project for the Bridge Replacement on Landa Park Drive at the Mill Pond 24-1149
  29. K) Approval of a resolution recommended by the New Braunfels Economic Development Corporation approving a project expenditure of up to $2,000,000 to the City of New Braunfels for the construction of Alligator Creek Trail West, pursuant to Sec. 505.152 of the Texas Local Government Code. 24-1036
  30. 28 Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.)
  31. L) Approval of the second and final reading of an ordinance to rezone approximately 7 acres out of the J Thompson Survey 21, Abstract 608, from R-1 (Single-Family District) to R-1A-4 (Single-Family Small Lot Residential District), currently addressed at 2911 Morningside Dr. 24-1128 ▶ jump to 17:40
  32. M) Approval of the second and final reading of an ordinance to rezone approximately 5.3 acres out of City Block 5089, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, & 13, from R-2 (Single-Family and Two-Family District) to C-O (Commercial Office District), currently addressed as 511 E North St. 24-1129 ▶ jump to 18:00
  33. N) Approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Chapters 62 and 90 and Appendix D, to update the local food code, streamline certain food service establishment procedures, consolidate rules on mobile food units, and ensure consistency with the State of Texas Food Code. 24-1130 ▶ jump to 18:25
  34. O) Approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 10 and Appendix D by ratifying the current New Braunfels National Airport rates and charges and adding them to Appendix D. 24-1154 ▶ jump to 18:45
  35. P) Approval of the second and final reading of an amendment to the New Braunfels Code of Ordinances, Appendix D by adopting new fees for Supplies, Specialty Care Transport, and Fire Inspections and adding fees to Appendix D. 24-1152 ▶ jump to 18:59
  36. Q) Approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 2, Section 2-128, to repeal the prerequisite for claimants to appear before city council prior to filing a lawsuit and update the address for receipt of claims against the city. 24-1139 ▶ jump to 19:12
  37. R) Approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Section 114-141 by adopting new fees for Road/Right of Way Excavation Permits and moving fees to Appendix D. 24-1151 ▶ jump to 19:29
  38. S) Approval of the second and final reading of an amendment to the New Braunfels Code of Ordinances, Appendix D by adopting new fees for Camp Minnehaha and Fischer Park Nature Camp and adding fees to Appendix D. 24-1150 ▶ jump to 19:43
  39. T) Approval of the second and final reading of an ordinance amending Chapter 144, Zoning, regarding temporary vending operations and mobile food courts. 24-1140 ▶ jump to 19:56
  40. U) Approval of the second reading of an ordinance establishing the number of positions in each classification in the New Braunfels Fire Department and Police Department pursuant to Local Government Code, Chapter 143. 24-1163 ▶ jump to 20:05
  41. 38 Approval of the Consent Agenda approved the Consent Agenda Pass ▶ jump to 20:42
  42. 2. INDIVIDUAL ITEMS FOR CONSIDERATION
  43. A) Discuss and consider approval of a traffic calming plan on Howard Street. 24-1068 approved Pass ▶ jump to 42:01
  44. B) Discuss and consider approval of a traffic calming plan on Caddell Lane. 24-1069 approved Pass ▶ jump to 52:40
  45. C) Discuss and consider approval of the second and final reading of an ordinance adopting the FY 2025 Operating Budget and Plan of Municipal Services. 24-1121 approved Pass ▶ jump to 62:16
  46. D) Discuss and consider a resolution of the City of New Braunfels ratifying the increase in revenue generated by the 2024 property tax rate included in the FY 2025 Annual Budget. 24-1118 approved Pass ▶ jump to 65:05
  47. E) Discuss and consider approval of the second and final reading of an ordinance adopting the 2024 ad valorem tax rates. 24-1124 approved Pass ▶ jump to 67:57
  48. F) Discuss and consider the approval of an ordinance authorizing the issuance of city of New Braunfels, Texas Tax Notes, Series 2024; levying an ad valorem tax in support of the notes; awarding the sale of the notes; approving an official statement, a paying agent/registrar agreement and other agreements relating to the sale and issuance of the notes; and ordaining other matters relating to the issuance of the notes. 24-1062 approved Pass ▶ jump to 59:05
  49. G) Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings for the acquisition of permanent easements and temporary construction easements that are necessary to advance and achieve the public use of expanding the New Braunfels Utilities’ wastewater system, (the “McKenzie Interceptor Upgrade Project”), to increase sewer capacity to meet existing and future needs and ensure reliability, in the event negotiations are unsuccessful: a. Properties owned by N.B. 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); b. 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); c. 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); and d. 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), 24-1120 approved Pass ▶ jump to 79:25
  50. H) Discuss and consider approval of a resolution authorizing any legal action necessary to remove the cemetery dedication by MP New Braunfels, LLC encumbering a 40.37 acre tract situated in the A.M. Esnaurizar Survey, Abstract Number 1, Comal County, Texas 24-1123 approved Pass ▶ jump to 80:34
  51. I) Discuss and consider the second and final reading of an ordinance to amend New Braunfels Code of Ordinances, Chapter 30, Section 30-52 by adopting new rental fees at the New Braunfels Civic & Convention Center and adding all fees to Appendix D. 24-1153 approved Pass ▶ jump to 82:21
  52. 3. EXECUTIVE SESSION
  53. 50 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.
  54. A) Deliberate and consider the purchase, exchange, lease, contract terms, due diligence, or value of real property, in accordance with Section 551.072 of the Texas Government Code: 1. TSTC Campus 24-1131
  55. B) Deliberate the appointment and employment of an interim Assistant City Attorney/Municipal Court Prosecutor in accordance with Section 551.074 of the Texas Government Code. 24-1126
  56. 4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
  57. 54 ADJOURNMENT ▶ jump to 82:25
  58. 55 CERTIFICATION
  59. 56 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.
  60. 56 Page Break