City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JULY 25, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on July 25, 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: City Manager Robert Camareno, Assistant City Manager Kristi Aday, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Emergency Management Coordinator Steve Harris, Capital Programs Manager Bryan Woods, Planning and Community Development Director Christopher Looney, Planner Matthew Simmont, Finance Director Martie Simpson, Parks and Recreation Director Stacey Dicke, Public Works Director Greg Malatek, and City Engineer Garry Ford. The meeting was called to order by Mayor Casteel in the New Braunfels Municipal Building City Council Chambers at 6:06 p.m. Councilmember Meadows gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PRESENTATIONS: San Antonio/Austin National Weather Service Warning Coordination Meteorologist Paul Yura, presented Steve Harris and the City of New Braunfels with a StormReady Community Certificate. Bryan Woods presented an update on the New City Hall project. 1. MINUTES Discuss and consider approval of the minutes of the special and regular City Council meetings of July 11, 2016. Mayor Casteel read the aforementioned caption. Monday, July 25, 2016 New Braunfels City Council Regular Meeting  A motion was made by Councilmember Green, seconded by Councilmember García, that this item be approved as amended. The motion passed unanimously. 2. CITIZENS' COMMUNICATIONS No one spoke during Citizens' Communications. 3. CONSENT AGENDA A) Confirmation of the appointment of one individual to the City of New Braunfels Civil Service Commission for a term ending August 10, 2019. B) Approval of the appointment of one individual to the Landa Park Golf Course Advisory Board for a term ending December 31, 2016. C) Approval of the appointment of two individuals to the Library Advisory Board for terms ending September 26, 2019. D) Approval of a revised City of New Braunfels Ethics Complaint Form. E) Approval of the Water and Wastewater Impact Fee Committee's recommendation to accept the semiannual Water and Wastewater Impact Fee Report for the period of June 30, 2015, through December 31, 2015. F) Approval of a purchase with Paradigm Traffic Systems, Inc. for an over-height detection system for the Railroad Bridge at Landa Street for $26,760 through the BuyBoard Cooperative. G) Approval of a contract with The Levy Company, L.P. to install a temporary traffic signal at the intersection of TX-LP 337 and California Boulevard. H) Approval of annual purchases with Siddons Fire Apparatus, Inc. for service work to fire engines through the BuyBoard Cooperative during FY 2015-16. I) Approval of the second and final 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. J) Approval of the second and final reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to Monday, July 25, 2016 New Braunfels City Council Regular Meeting  install stop signs in the Unicorn Heights and Heynis Acres subdivisions. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember Green, seconded by Councilmember Meadows, to approve the Consent Agenda. The motion passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of the appointment of one individual to the Downtown Board for a term ending May 31, 2018. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Councilmember Green, seconded by Mayor Pro Tem Peters, to approve the appointment of Curtis Leonhardt to the Downtown Board for a term ending May 31, 2018. The motion passed unanimously. B) Discuss and consider approval of the appointment of one individual to the New Braunfels Regional Airport Advisory Board for a term ending May 12, 2018. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Councilmember Reaves, seconded by Mayor Pro Tem Peters, to appoint Ronald Diana to the New Braunfels Regional Airport Advisory Board for a term ending May 12, 2018. The motion passed unanimously. C) Public hearing and consideration of the first reading of an ordinance regarding a Special Use Permit to allow up to 242 multifamily units with a maximum building height of 956.4 feet above msl in the “MU-Ar82” Low Intensity Mixed Use District with restrictions, on approximately 10 acres out of the A Sanchez 268 Survey, located in the 2000 block of Monday, July 25, 2016 New Braunfels City Council Regular Meeting  Independence Drive. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Jim Kellogg, Bob DiFonzo, Bob Barber, John Mathis, Rolf Schmitz, and Jim Poage spoke in opposition to the item during the public hearing. A motion was made by Councilmember Reaves, seconded by Mayor Pro Tem Peters, that this item be denied. The motion passed unanimously. D) Discuss and consider approval of the purchase of approximately 2.4 acres known as NB Housing Partners Resource Center, Block 1, Lot 2 located at 1530 S. Seguin Street, New Braunfels, Texas, in the amount of $250,000 and the appropriate budget amendment, and authorize the City Manager to execute the necessary documents; finding that a valid municipal purpose of promoting affordable housing will be served through this acquisition. Mayor Casteel read the aforementioned caption. Martie Simpson presented the item. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, that this item be approved. The motion passed unanimously. E) Discuss and consider ratification of a contract with River Hofbrau NB LLC for food and beverage operations at the Landa Park Golf Course at Comal Springs. Mayor Casteel read the aforementioned caption. Stacey Dicke presented the item. A motion was made by Councilmember Reaves, seconded by Councilmember García, that this item be approved. The motion passed unanimously. F) Discuss and consider approval of the first reading of an ordinance Monday, July 25, 2016 New Braunfels City Council Regular Meeting  amending Chapter 138 Article I of the Code of Ordinances by repealing and replacing Chapter 138 Article I regarding “Vehicles for Hire.” Mayor Casteel read the aforementioned caption. Councilmember Green recused from this item. Patrick Aten presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that this item be approved with the conditions that Section 138-8(d) also include TNC vehicles having a limited seating capacity, and the addition of subsection (f) referencing the City's regulation on hand-held wireless communication devices while driving. A motion was made by Councilmember Monceballez, seconded by Councilmember Garcia, that the main motion be amended to include a maximum fee total of $500.00 for taxicab and pedicab companies. The motion to amend passed unanimously. James Robertson and Jose Ayala spoke in opposition to the item. Scott Trlica and Justin Seaman spoke in favor of the item. The amended motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Meadows, Councilmember Reaves, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Recused: Councilmember Green G) Public hearing and consideration of the first reading of an ordinance regarding the rezoning of approximately 10.22 acres (the 2.62 acre Hollis L. Woosley Tract out of the Comal County Joint Venture Subdivision and 7.60 acres out of the A-608 J. Thompson Survey-21) addressed at 4875 and 4975 IH 35 South, from "M-1" Light Industrial District and "APD" Agricultural/Pre-Development District to "M-1A" Light Industrial District; and, a request for a Special Use Permit to allow the bulk storage of up to 20,000 gallons of diesel fuel in Monday, July 25, 2016 New Braunfels City Council Regular Meeting  aboveground tanks on approximately 5.49 acres out of the A-608 J. Thompson Survey-21 addressed at 4975 IH 35 South. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, that this item be approved with the condition that the aboveground fuel storage tank be located as far away from the access road as possible. The motion passed unanimously. H) Public hearing and consideration of the first reading of an ordinance regarding the rezoning of approximately 41.46 acres out of the A-485 O Russell Survey 2, addressed at 3137 Goodwin Lane from “APD” Agricultural/Pre-Development District to “ZH-A” Zero Lot Line Home District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. During the public hearing Debra Howell, Jeff Chatham, Christopher Willis, Susian Parsons, and Jennessee Walton spoke in opposition of the item; Michael Lancaster spoke in favor of the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Reaves, that this item be approved with the condition that the zoning designation be amended to "R-1A-6.6" Single-Family District. Michael Lancaster and Christopher Willis spoke in favor of the motion. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, Mayor Pro Tem Peters, and Councilmember García Monday, July 25, 2016 New Braunfels City Council Regular Meeting  Opposed: Councilmember Monceballez I) Public hearing and consideration of a resolution amending the 2006 Future Land Use Plan from “Medium-High Density Residential” to “Commercial” and approval of the second and final 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 García, seconded by Councilmember Green, that this item be approved. The motion passed unanimously via roll call vote. J) 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 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. This item was withdrawn by the applicant. The item was not discussed or considered by City Council. K) Discuss and consider approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install traffic control devices at Porter Street and McKenna Avenue. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Monday, July 25, 2016 New Braunfels City Council Regular Meeting  Councilmember Reaves, that this item be approved with the condition that staff implement a stop bar and crosswalk markings. 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: · River Properties · Land Acquisition for City Facilities C) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney in accordance with Section 551.074 of the Texas Government Code. Mayor Casteel read the aforementioned captions with the exception of the following: - 5B: River Properties City Council recessed into Executive Session from 8:53 p.m. - 9:25 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 9:25 p.m. No action was taken. Monday, July 25, 2016 New Braunfels City Council Regular Meeting  Date Approved: August 1, 2016 By: __________________________________ BARRON CASTEEL, MAYOR Attest: ____________________________________ PATRICK ATEN, CITY SECRETARY Monday, July 25, 2016 New Braunfels City Council Regular Meeting