City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JULY 11, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on July 11, 2016, at 6:00 p.m. City Councilmembers Present were: Present: 7 - Mayor Barron Casteel, Councilmember George Green, Councilmember Justin Meadows, Councilmember Ron Reaves, Councilmember Chris Monceballez, Mayor Pro Tem Wayne Peters, and Councilmember Leah García City Staff present were: Assistant City Manager Kristi Aday, Assistant City Attorney Frank Onion, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Library Director Gretchen Pruett, Outreach Librarian Jonathan Margheim, Capital Programs Manager Bryan Woods, Capital Projects Manager Jennifer Cain, Real Estate Manager Matthew Eckmann, City Engineer Garry Ford, Human Resources Director Gary Wuest, Planning and Community Development Director Christopher Looney, and Senior Planner Holly Mullins. The meeting was called to order by Mayor Casteel in the New Braunfels Municipal Building City Council Chambers at 6:03 p.m. Mayor Casteel gave the invocation, led the Pledge of Allegiance and the salute to the Texas Flag. PRESENTATIONS: Gretchen Pruett gave a presentation on the Bookmobile, the New Braunfels Library RIOmobile. Jennifer Cain presented an update on the 2013 Bond Recreation Center Project. 1. MINUTES Discuss and consider approval of the minutes of the special meetings of June 22 and June 27, 2016, and the regular minutes of June 27, 2016. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember Green, seconded by Mayor Pro Tem Peters, that this item be approved. The motion passed unanimously. Monday, July 11, 2016 New Braunfels City Council Regular Meeting 2. CITIZENS' COMMUNICATIONS Cheryl Gilpin spoke regarding the NBU ASR Project. Len Gilpin spoke regarding the Ministerial Alliance prayer service held Monday, July 11, 2016. 3. CONSENT AGENDA A) Approval of a budget transfer in the FY 2015-16 General Fund Budget for the Non Departmental General Fund Adopted Budget. B) Approval of a contract with EDC Moving Systems for office moving services to relocate multiple City facilities in support of the new City Hall. D) Approval of a resolution establishing the right-of-way width for South Walnut Avenue, identified as a Principal Arterial in the City of New Braunfels Regional Transportation Plan, between Business IH 35 and IH 35 Southbound Access Road. E) Approval of a resolution establishing the right-of-way width for W. San Antonio Street, identified as a Major Collector in the City of New Braunfels Regional Transportation Plan, between Spur Street and Loop 337. F) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide funds to the City of New Braunfels in an amount up to $18,000 to fund a downtown public parking lease for a period of one year, and approval of the third amendment to the lease. G) Approval of the purchase of river wristbands with Precision Dynamics Corporation for the Parks and Recreation Department. H) Approval of a budget transfer in the FY 2015-16 Public Works General Fund Budget from Operating Expenditures to Capital Expenditures. I) Approval of the submission of a grant application to the Office of the Governor, Criminal Justice Division and the Department of Public Safety for $39,310, to purchase a National Incident Based Reporting System, and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. Monday, July 11, 2016 New Braunfels City Council Regular Meeting  J) Approval of a budget amendment in the FY 2015-16 General Fund Budget for the City Attorney’s Office. K) Approval of a contract with River Recycling, LLC d/b/a “ReCommunity” for the processing, sorting, baling, and marketing of single-stream residential recyclable materials collected by the City of New Braunfels, for a three (3) year term with two (2) one (1) year extensions upon mutual agreement for a possible total of five (5) years. L) Approval of a contract with TLC Engineering for Commissioning Services on the Community Recreation Center per Proposition 3 of the 2013 Bond Program. M) Approval of acquisition funds in the amount of $88,471.40 for purchasing Right of Way from JSLW Investments, LP, Parcel 41 on the Alves Lane Improvements Project associated with the 2013 Bond Program. N) Approval of the purchase of furniture for the new City Hall/Municipal Court Building with Austin Business Furniture through a state of Texas TxMAS contract. O) Approval of the second 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. P) Approval and ratification of the submission of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program application to the U.S. Department of Justice, Bureau of Justice Assistance for $11,884, to purchase two motorized kayaks and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. Q) Approval of the second and final 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. R) Approval of the second and final 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. Monday, July 11, 2016 New Braunfels City Council Regular Meeting  T) Approval of the second and final 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. U) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install stop signs in the Unicorn Heights and Heynis Acres subdivisions. V) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install stop signs on McKenna Avenue at Porter Street and on Labor Avenue at Dittlinger Street. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember Green, seconded by Councilmember Garcia, to approve the Consent Agenda. The motion passed unanimously via roll call vote. C) Approval of a contract renewal with Gallagher Benefit Services, Inc., for employee benefits management services. Mayor Casteel read the aforementioned caption. This item was pulled by Councilmember Reaves for further discussion. Gary Wuest presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that this item be approved. The motion passed via the following vote: In Favor: Councilmember Green, Councilmember Meadows, Councilmember Monceballez, and Mayor Pro Tem Peters Opposed: Mayor Casteel, Councilmember Reaves, and Councilmember García S) Approval of the second and final reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.23, Temporary Vending Operations. Monday, July 11, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. This item was pulled by Mayor Pro Tem Peters for further discussion. Christopher Looney presented the item as revised. A motion was made by Councilmember García, seconded by Mayor Pro Tem Peters, that this item be approved as revised. The motion passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval for the issuance of an invitation to bid for the construction of Phases 1A, 1B, & 1C of the Downtown Sidewalk Improvements Project. Mayor Casteel read the aforementioned caption. Bryan Woods presented the item. A motion was made by Councilmember García, seconded by Councilmember Meadows, to approve the issuance of an invitation for competitive sealed proposals to construct Phases 1A, 1B, and 1C of the Downtown Sidewalk Improvements Project since the City Council finds that this delivery method will provide the best value to the City. The motion passed unanimously. B) Public hearing and 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 1 Special Use Permit that allows the short term rental of the existing single family residence; and, c) a Type 2 Special Use Permit to allow an outdoor wedding/special event venue. The applicant is requesting this item be postponed to the July 25, 2016 City Council meeting. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember Green, seconded by Monday, July 11, 2016 New Braunfels City Council Regular Meeting  Councilmember Monceballez, that this item be postponed to the July 25, 2016 regular City Council Meeting. The motion passed unanimously. C) Public hearing and consideration of the first reading of an ordinance amending the “Town Creek” Planned Development District Concept Plan and related development standards, located at N. Academy Avenue and N. Walnut Avenue. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Chris Van Heerde, David Wolters, Jeff Jewell, Haley Parsons, Richard Jefferson, Ronnie Slovak, and Rick Reitz spoke during the public hearing. A motion was made by Councilmember Meadows, seconded by Councilmember Green, that this item be postponed indefinitely. The motion passed unanimously. D) Public hearing and consideration of the first reading of an ordinance rezoning approximately 0.47 acres out of the Grandview Addition, addressed at 645 Floral Avenue, from “R-3” Multifamily District to “C-1A” Neighborhood Business District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. John Harrell spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Meadows, that this item be approved. The motion passed unanimously. E) 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. Monday, July 11, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. John Scanio, Dan Dugan, Freddie Sassman, and Carol Sassman spoke in favor of the item during the public hearing. Melissa Fahrni, Gene Blanchard, Britt Brownlee, Joanne Blanchard, Karma Delgado, Ken Winslow, Robert Patton, Nate Grant, Derrik Haley, and Nashawn Meneley spoke in opposition of the item during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that this item be postponed to the August 22, 2016 regular City Council meeting and the Planning Department renotify residents. The motion passed unanimously. F) Discuss and consider the second and final 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. Christopher Willis spoke regarding the item. A motion was made by Councilmember Monceballez, seconded by Mayor Pro Tem Peters, that this item be approved with staff recommendations, and the added condition that the developer paint a strip and/or post signage, to be determined by the Planning Department, designating where street maintenance begins and ends for the City. The motion passed unanimously via roll call vote. G) Discuss and consider possible reconsideration of the approval of 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, July 11, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Mel Soderberg spoke regarding the item. A motion was made by Councilmember Meadows, seconded by Councilmember Reaves, that this item be approved. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Meadows, Councilmember Reaves, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green H) Discuss and consider 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. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Jerry Turner and Mel Soderberg spoke regarding the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that the applicant for the Landmark sign waiver to erect one monument sign at ground level consisting of a sign no larger than seventy-two square feet (twelve feet wide and six feet high, or equivalent), and that sign to be located on Landa Street at least sixty-five feet from the concrete curb on the west side of Landa Park Drive at the intersection of Landa Street and Landa Park Drive with a set-back from Landa Street in compliance with the City's sign ordinance; to allow the applicant to replace the LCRA letters with (THE) LANDMARK letters and those individual letters be no larger (in height and width) than the size of the current LCRA letters currently in place on the sign; and that no additional signs be allowed on the property without requesting a new Conditional Sign Permit. A motion was made by Councilmember Monceballez to amend the original motion by striking the words 'at least sixty-five feet from the Monday, July 11, 2016 New Braunfels City Council Regular Meeting  concrete curb on the west side of Landa Park Drive, at the intersection of Landa Street and Landa Park Drive'. The motion to amend failed due to the lack of a second. Councilmember Green called the question. The motion passed via the following vote: In Favor: Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Mayor Casteel, and Councilmember Reaves 5. EXECUTIVE SESSIONS 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: · Property acquisition from NB Housing Partners for affordable housing Mayor Casteel read the aforementioned caption. The City Council recessed into Executive Session from 10:16 p.m. - 10:42 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. The City Council reconvened into Open Session at 10:42 p.m. No action was taken. This regular meeting adjourned at 10:43 p.m. Monday, July 11, 2016 New Braunfels City Council Regular Meeting  Date Approved: July 25, 2016 By: _________________________________ BARRON CASTEEL, MAYOR Attest: ____________________________________ PATRICK ATEN, CITY SECRETARY Monday, July 11, 2016 New Braunfels City Council Regular Meeting