City Council

MINUTES OF THE NEW BRUANFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JUNE 27, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regualr Session on June 27, 2016, at 6:00 p.m. City Councilmembers present were: Present: 7 - Mayor Barron Casteel, Councilmember Ron Reaves, Councilmember George Green, Councilmember Justin Meadows, Councilmember Chris Monceballez, Mayor Pro Tem Wayne Peters, and Councilmember Leah García City Staff present were: City Manager Robert Camareno, Assistant City Manager Kristi Aday, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Planning and Community Development Director Christopher Looney, Planner Benjamin Campbell, Public Works Director Greg Malatek, Capital Programs Manager Bryan Woods, and Real Estate Manager Matthew Eckmann. The meeting was called to order by Mayor Casteel in the New Bruanfels Municipal Building City Council Chambers at 6:08 p.m. Councilmember Green gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. 1. MINUTES Discuss and consider approval of the minutes of the regular meeting of June 13, 2016. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember García, seconded by Councilmember Green, that this item be approved. The motion passed unanimously. 2. CITIZENS' COMMUNICATIONS Cheryl Gilpin spoke regarding the New Braunfels Utilities Aquifer Storage and Recovery project. Hyden Hunter spoke regarding the New Braunfels Regional Airport. 3. CONSENT AGENDA Monday, June 27, 2016 New Braunfels City Council Regular Meeting 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. Resolutions & Action Items A) Approval of a lease agreement by and between Liberty Partnership, LTD. and the City of New Braunfels. B) Approval of a resolution adopting the investment policy for the City of New Braunfels including the broker/dealer list. C) Approval of a contract with Four Seasons Development Co., Inc. for installation of new fencing at the New Braunfels Cemetery. D) Approval to authorize the City Manager to enter into a contract with the consulting firm, Community Solutions, to provide administration services and grant management services for the Community Development Block Grant (CDBG) program. F) Approval of acquisition funds in the amount of $28,813.00 for purchasing Right of Way from Cynthia D. Biggs, Parcel 85 on the Alves Lane Improvements Project. G) Approval to authorize the City Manager to enter into a professional services contract with Pape-Dawson Engineers for the Westside Pedestrian Improvements Project. H) Approval of Professional Service Agreements with Vickrey & Associates, Moeller & Associates, Bain Medina Bain, Pawelek & Moy, and Pape Dawson for engineering, and with Terracon Consultants for geotechnical services on all “Year Three” citywide street improvements. J) Approval to authorize the City Manager to approve a Development Agreement between the City of New Braunfels and Titan Development for road infrastructure improvements. K) Approval of a task order with Freese and Nichols, Inc. for a Guadalupe River Properties Park Master Plan under the IDIQ Purchasing Contracts. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  L) Approval of a resolution accepting the gift of a bookmobile for use by the public library for library services from the New Braunfels Public Library Foundation, Inc. M) Approval of the rescheduling of the August 8, 2016 Regular City Council Meeting to August 1, 2016. N) Approval of a contract with Design Workshop for consultant services in development of the community’s comprehensive plan. O) Approval of a budget transfer in the FY 2015-16 Juvenile Case Manager Fund. P) Approval of the second and final reading of an ordinance regarding a Type 1 Special Use Permit for one single family residence on approximately 1.58 acres, addressed at 274 E. Garza Street, in the “C-1A” Neighborhood Business District. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions except items E and I, which were pulled for further discussion. A motion was made by Councilmember Green, seconded by Councilmember García, to approve the Consent Agenda. The motion passed by the following vote: In Favor: Mayor Casteel, Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García E) Approval of a contract with River Recycling, LLC d/b/a “ReCommunity” for the processing, sorting, baling, and marketing of single-stream recyclable materials collected by the City of New Braunfels. Item 3(E) was pulled from the Consent Agenda by staff. No action was taken. I) Approval of a resolution setting a schedule for public hearings regarding the annexation of approximately 173.97 acres of land. Item 3(I) was pulled from the Consent Agenda by the applicant for further discussion. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember García, seconded by Councilmember Green, that this item be postponed indefinitely. The motion passed unanimously. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of the appointment of three individuals to the Planning Commission for terms ending May 31, 2019. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that Matthew Hoyt, Stanley Laskowski, and Darin Conkright be appointed to the Planning Commission. The motion passed unanimously. B) Discuss and consider approval of first reading of a variance allowing for Building Permit Fees to be waived for Landowners affected by the Alves Lane, Klein Road and Solms/Morningside/Rueckle Projects. Mayor Casteel read the aforementioned caption. Bryan Woods presented the item. A motion was made by Councilmember Green, seconded by Councilmember Reaves, that this item be approved. The motion passed unanimously. C) Public hearing and consideration of the first reading of an ordinance regarding an amendment to the “Avery Park” Planned Development District Detail Plan and the related Development Standards, comprising approximately 228 acres out of the Abstract 20, A.M. Esnaurizar Survey, located north and east of the intersection of Avery Parkway and State Highway 46 South. Mayor Casteel read the aforementioned caption. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved with the condition that the changes only be subject to the affected lots: Unit 11, Block B, Lots 3 through 13, and Block E, Lot 34. The motion passed unanimously. D) Public hearing and consideration of the first reading of an ordinance regarding a Type 1 Special Use Permit to allow the short term rental of a structure in the “M-1” Light Industrial District, located at 353 E. Mill Street. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Monceballez, seconded by Councilmember Green, that this item be approved with staff recommendations. The motion passed unanimously. E) Public hearing and consideration of the first reading of an ordinance regarding the rezoning of approximately 60.08 acres out of the A-20, A. M. Esnaurizar Survey, addressed at 1568 and 1584 Weltner Road, and Lot 1, Block 1, Nolte Subdivision containing 1 acre, from “APD” Agricultural/Pre-Development District to “R-1A-6.6” Single-Family District and “ZH-A” Zero Lot Line Home District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved with the condition that all zoning for the property be R-1A-6.6. The motion passed Monday, June 27, 2016 New Braunfels City Council Regular Meeting  unanimously. F) Public hearing and consideration of the first reading of an ordinance rezoning approximately 105.87 acres out of the Orilla Russell Survey No. 2, Abstract 485, Comal County, located at 3043 and 3075 Goodwin Lane, from “APD” Agricultural/Pre-Development District and “C-1Ar63” Neighborhood Business District, to “Wasser Ranch” Planned Development District (WRPD), with a concept Plan. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Chris Willis, Andrea Holmgreen, Rick Gray, and Torry Hurt spoke during the public hearing. A motion was made by Councilmember Monceballez, seconded by Councilmember Green, that this item be approved with staff recommendations. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Reaves, Councilmember Green, Councilmember Meadows, and Councilmember Monceballez Opposed: Mayor Pro Tem Peters, and Councilmember García G) Public hearing and consideration of the first reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.23, Temporary Vending operations. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Rhonda Henry and Joe Detavenier spoke during the public hearing. A motion was made by Councilmember García, seconded by Councilmember Meadows, that this item be approved with staff recommendations, and that the following be clarified: special event, regulations regarding portable toilets, and the parking of mobile/moveable trailers. The motion passed unanimously. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  H) Public hearing and consideration of the first reading of an ordinance rezoning approximately 16.09 acres out of the A-608 J Thompson Survey 21, addressed at 1964 Lou Ann Drive, from “APD” Agricultural/Pre-Development District to “R-1A-6.6” Single-family District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Brit Browning, Cindy Brennan, Freddie Sassman, Joanne Blanchard, Robert Patton, Melissa Fahrni, Dionne Persons, Gene Blanchard, Karma Delgado, John Malik, Ken Winslow, James Ingells, and Jack Scanio spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Meadows, that this item be postponed to the July 11, 2016 City Council meeting. The motion passed unanimously. <City Council took a short break.> I) Public hearing and consideration of the first reading of ordinances on approximately 10.06 acres, Lot 6, Country Meadows Subdivision, addressed at 2464 FM 725, for: a) rezoning the property from “R-1” Single-Family District and “APD” Agricultural/Pre-Development District to “C-1B” General Business District; b) a Type 2 Special Use Permit to allow an outdoor wedding/special event venue; and, c) a Type 1 Special Use Permit that allows the short term rental of the existing single family residence. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember Green, seconded by Councilmember García, that this item be postponed to the July 11, 2016 City Council meeting. The motion passed unanimously. J) Discuss and consider a request for a Conditional Sign Permit in the “M-2” Heavy Industrial District, and the “R-2” Single-Family and Two-Family District located at the LCRA Comal Power Plant building addressed at 144 Landa Street. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Greg Burkett and Jerry Turner spoke regarding the item. A motion was made by Councilmember Monceballez, seconded by Councilmember Green, that this item be approved. A motion to was made by Councilmember Meadows, seconded by Councilmember Green that the original motion be amended to limit the monument sign area to 200 square feet. The motion to amend passed 5 to 2, with Mayor Pro Tem Peters and Mayor Casteel opposed. The original amended motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, and Councilmember García Opposed: Mayor Casteel, and Mayor Pro Tem Peters K) Discuss and consider a request for an Appeal of Building Design Standards, Exterior Building Materials requirements, for an agriculture barn at Canyon High School, addressed at 1510 IH-35 North. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Braden Haley spoke regarding the item. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, that this item be approved. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Reaves Monday, June 27, 2016 New Braunfels City Council Regular Meeting  L) Discuss and consider approval of a resolution to enter into an Interlocal Agreement with Comal County and Crystal Clear Special Utility District (CCSUD) regarding The Crossings Public Improvement District (PID) situated on the east side of FM 1102 between Hoffmann and Watson Lanes in the extraterritorial jurisdiction (ETJ), and an Indemnification Agreement with the developer Southstar at Spencer Land LLC for the sole benefit of the City. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Jim Vater, Mike Taylor, and Stephanie Liebe spoke regarding the item. A motion was made by Councilmember Green, seconded by Mayor Casteel, that this item be approved. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Reaves, Councilmember Green, Councilmember Meadows, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Monceballez M) Discussion and possible direction to City staff to bring forward for Planning Commission recommendation and City Council consideration potential amendments to the Zoning Ordinance related to parking requirements. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. City Council directed staff to ensure that all properties have sufficient parking so as to eliminate parking overflow into surrounding properties. No action was taken. N) Discuss and consider approval of the second and final reading of an ordinance amending Chapter 11, Article III of the Code of Ordinances Monday, June 27, 2016 New Braunfels City Council Regular Meeting  to define the use of the maximum roadway impact fee as the measurement of impacts on new development on the City’s transportation system. (Staff recommends that this item be postponed indefinitely) Mayor Casteel read the aforementioned caption. A motion was made by Councilmember García, seconded by Mayor Pro Tem Peters, that this item be postponed indefinitely. The motion passed unanimously. 5. EXECUTIVE SESSIONS In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. B) Deliberate and consider the purchase of, exchange, lease or value of real property in accordance with Section 551.072, of the Texas Government Code, including but not limited to: · Acquisition of right-of-way for the Alves Lane Improvement Project Mayor Casteel read the aforementioned caption. City Council recessed into Executive Session from 9:47 p.m. - 10:06 p.m. No action or vote was taken. 6. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. City Council reconvened into Open Session at 10:06 p.m. No vote or action was taken. This regular meeting adjourned at 10:06 p.m. Monday, June 27, 2016 New Braunfels City Council Regular Meeting  Date Approved: July 11, 2016 By: ______________________________ BARRON CASTEEL, MAYOR Attest: ___________________________________ PATRICK ATEN, CITY SECRETARY Monday, June 27, 2016 New Braunfels City Council Regular Meeting