City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, AUGUST 22, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on August 22, 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, Fire Chief Kenneth Jacks, Planning and Community Development Director Christopher Looney, Planning Manager Stacy Snell, Real Estate Manager Matthew Eckmann, and City Engineer Garry Ford. The meeting was called to order by Mayor Casteel in the New Braunfels Municipal Building City Council Chambers at 6:21 p.m. Councilmember Monceballez gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed the week of September 5 - 9, 2016 as National Payroll Week. Mayor Casteel proclaimed the month of August 2016 as National Breastfeeding Month. PRESENTATION: Kenneth Jacks, Texas ISO Manager Phillip Bradley, and Public Protection Classification Oversight Officer Jesse Williams presented the City's ISO 1 Rating. 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Council meeting of August 1, 2016, and the special City Council meeting of August 2, 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. 2. CITIZENS' COMMUNICATIONS No one spoke during Citizens' Communications. 3. CONSENT AGENDA A) Approval of the appointment of two individuals to the Parks and Recreation Advisory Board for terms ending October 13, 2019. B) Approval of a resolution to adopt the substantial amendments to the Community Development Block Grant (CDBG), Program Year 2016 Annual Action Plan. C) Approval of a resolution for the submission of a grant application to the Office of the Governor, Criminal Justice Division (CJD) and Department of Public Safety (DPS) for $39,310, to purchase an Incident Based Reporting System and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. D) Approval of the donation of surplus Survivair self-contained breathing apparatus (SCBA) equipment to Texas A&M Forest Service. E) Approval of a lease agreement with Ricoh USA for the Citywide rental of multi-function copier devices via a State of Texas Department of Information Resources (DIR) contract. F) Approval of the renewal of an annual contract with J.R. Ramon and Sons, Inc. for Citywide demolition services. G) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation authorizing a project expenditure of up to $30,000 for a professional services agreement with Pegasus Planning and Development for the creation of an Economic Development Strategic Plan. Monday, August 22, 2016 New Braunfels City Council Regular Meeting  H) Approval of a contract to replace and repair over head doors at Fire Station #1 with Hollywood Crawford Garage Doors & Openers. I) Approval of a contract with the law firm of Terry D. Morgan & Associates for legal services regarding consultation on the concepts of rough proportionality, roadway exactions, impact fees, appeals, policies, ordinances and related matters. J) Approval of a Letter of Agreement for Design Services with Enterprise Texas Pipeline LLC for adjustments to their natural gas transmission lines as required to accommodate the Alves Lane Improvements Project. K) Approval for the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for utility improvements related to the Landa Street Pedestrian Project. L) Approval of a contract with Rushworks for the purchase, relocation, and expansion of the Council Chambers audio/video broadcast and recording system to the new City Hall and associated budget allocation. M) 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 traffic control devices at Porter Street and McKenna Avenue. N) Approval of the second and final 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 aboveground tanks on approximately 5.49 acres out of the A-608 J. Thompson Survey-21 addressed at 4975 IH 35 South. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember Green, seconded by Councilmember García, to approve the Consent Agenda. The motion Monday, August 22, 2016 New Braunfels City Council Regular Meeting  passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A motion was made by Councilmember Reaves, seconded by Councilmember Monceballez, to hear item 4I out of order. The motion passed unanimously. I) Public hearing and consideration of the first reading of an ordinance regarding a request for a Type 2 Special Use Permit to allow a crematorium and an internal gravel drive in the “C-3” Commercial District on 1.81 acres out of the A-1, A M Esnaurizar Survey 1, addressed at 1254 N. Business 35. Mayor Casteel read the aforementioned caption. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that this item be postponed to the Regular City Council meeting on September 12, 2016. The motion passed unanimously. Mayor Casteel proceeded with the Individual Items for Consideration. A) 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 and “R-1A-43.5” Single-family District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. During the public hearing, Gene Blanchard and Melissa Fahrni spoke in opposition of the item; and Robert Dugan, Freddy Sassman, and John Scanio spoke in favor of the item. A motion was made by Councilmember Green, seconded by Councilmember Reaves, that this item be denied. The motion to deny failed via the following vote: In Favor: Councilmember Green, Councilmember Reaves, and Mayor Pro Tem Peters Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Opposed: Mayor Casteel, Councilmember Meadows, Councilmember Monceballez, and Councilmember García A motion was made by Councilmember Monceballez, seconded by Councilmember García, that this item be approved. Because the item requires a super-majority vote, the motion failed via the following vote: In Favor: Mayor Casteel, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green, Councilmember Meadows, and Councilmember Reaves B) 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 Reaves, seconded by Councilmember Meadows, to appoint Patrick Winn to the Downtown Board for a term ending May 31, 2018. The motion passed unanimously. C) Discuss and consider the appointment of three individuals to the Historic Landmark Commission for terms ending April 7, 2020. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Councilmember Meadows, seconded by Councilmember Reaves, to appoint Carola Davis, Jospeh Kammerer and Susan Sonier to the Historic Landmark Commission for a term ending April 7, 2020. The motion passed unanimously. D) Discuss and consider possible direction to City staff to amend Chapter 126, Article VII - Parking, of the Code of Ordinances in order to Monday, August 22, 2016 New Braunfels City Council Regular Meeting  address the loading and unloading of passengers and water oriented recreational equipment on E. Lincoln Street, S. Washington Avenue, Cross River Street, and other city streets. Mayor Casteel read the aforementioned caption. Mayor Pro Tem Peters and Garry Ford presented the item. City Council directed staff to draft an ordinance prohibiting the loading and unloading of passengers in residential areas, and in parking by permit areas. Garry Ford stated he would also be examining other signs to be certain there are corresponding ordinances. No action was taken. <City Council took a break.> E) Discuss and consider possible direction to City staff to bring forward for Planning Commission recommendation and City Council consideration amendments to the City Codes relating to building design standards for non-residential and multifamily development. Mayor Casteel read the aforementioned caption. Councilmember Green and Christopher Looney presented the item. City Council directed staff to draft amendments regarding City Codes relating to building design standards for non-residential and multifamily developments. No action was taken. F) Discuss and consider possible direction to City staff regarding the creation of the Walnut Neighborhood Special Zoning District Phase 2, along Walnut Avenue from Katy Street north to Loop 337. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. City Council directed staff to address the Walnut Neighborhood Special Zoning District Phase 2 in conjunction with the Comprehensive Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Plan discussion. No action was taken. G) Public hearing and consideration of the first reading of an ordinance regarding a proposed amendment to a Type 1 Special Use Permit to allow a transitional living program for up to 16 youth ages 15-21 in the “C-2” Central Business District, located on approximately 0.91 acre, addressed at 705 Comal Avenue. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Kellie Stallings spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Reaves, that this item be approved. The motion passed unanimously. H) Public hearing and consideration of the first reading of an ordinance regarding a proposed Special Use Permit to allow an event center in the “R-3L” Multifamily Low Density District, on Lot 2 Block 1, Gruene River Resort and Recreation Center Subdivision, addressed at 1554 Gruene Road. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Kara Heasley and Brad Bingham spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Reaves, that this item be approved with staff recommendations and the condition that the applicant expand the Special Use Permit to the entire project area and increase the parking spaces for the event center. The motion passed unanimously. J) Public hearing and consideration of the first reading of an ordinance regarding a request to rezone 3.00 acres out of the Abstract 259 William H Pate Survey located at the southwest corner of W. County Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Line Road and FM 725, from “R-1” Single-Family District, “C-1” Local Business District and “APD” Agricultural/Pre-Development District to “C-1B” General Business District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Meadows, seconded by Councilmember García, that this item be approved with staff recommendations. The motion passed unanimously. K) Public hearing and consideration of the first reading of an ordinance rezoning approximately 0.71 of an acre out of the William Pate Survey No. 22, Abstract No. 259, located approximately 400 feet east of the intersection of Pahmeyer Road and W. County Line Road from “APD” Agricultural Pre-Development District to “C-O” Commercial Office District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Thor Thornhill spoke during the public hearing. A motion was made by Councilmember García, seconded by Councilmember Meadows, that this item be approved. The motion passed unanimously. L) Public hearing and consideration of the first reading of an ordinance regarding proposed revisions to Chapter 90, Peddlers and Solicitors, concerning the regulation of Mobile Food Units. 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 Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Councilmember García, that this item be approved with staff recommendations, and the condition that staff correct the reference to the Noise Ordinance. The motion passed unanimously. M) Public hearing and consideration of the first reading of an ordinance regarding a requested amendment to Ordinance No. 2016-08, the "Post Road Development" Planned Development District Concept Plan, to remove and rezone 5.16 acres from "Post Road Development" Planned Development District to "M-1A" Light Industrial District, addressed as 1721 and 1911 Post Road. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Ed Theriot spoke during the public hearing. A motion was made by Councilmember García, seconded by Councilmember Monceballez, that this item be approved. The motion passed unanimously. N) Public hearing and consideration of the first reading of an ordinance regarding a proposed amendment to Ordinance No. 2014-12, the “River Bluff at Gruene” Planned Development District Concept Plan and related Development Standards and adopting an Amending River Bluff at Gruene, Unit 2 Detail Plan. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Thor Thornhill spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, that this item be approved. A motion was made by Councilmember Monceballez, seconded by Councilmember Garcia, that this item be amended so that the applicant meet all parking requirements for Short Term Rentals, and to include staff recommendations. The motion to amend passed unanimously. The original amended motion passed unanimously. O) Discuss and consider a permanent appeal of the Non-Residential and Monday, August 22, 2016 New Braunfels City Council Regular Meeting  Multifamily Design Standards, Articulation and Exterior Building Materials requirements for a modular classroom building on property addressed at 210 West Klein Road. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Dwayne Rathburn spoke regarding the item. A motion was made by Councilmember Meadows, seconded by Councilmember García, that this item be approved for the permanent waiver with the condition that landscaping be installed within 90 days. The motion passed unanimously. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Meadows, to adjourn into Executive Session. 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. A) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deem confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: · Condemnation of 6 parcels related to Alves Lane Improvement Project Mayor Casteel read the aforementioned caption. City Council convened into Executive Session from 9:26 p.m. - 9:51 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. Monday, August 22, 2016 New Braunfels City Council Regular Meeting  P) Discuss and consider the approval of a resolution authorizing the use of Eminent Domain Proceedings under Chapter 251 of the Texas Local Government Code and Section 2.03 of the City of New Braunfels Municipal Charter, on Parcels 83 and 84 owned by Barry Dwight Jaroszewski, and Joan Jaroszewski (Parcel 83 being 18.362-acre tract and Parcel 84 being a 10-acre tract both described in Document 200706041926 of the Comal County Real Property Records); Parcel 86 owned by Barry Dwight Jaroszewski (Parcel 86 being a 10-acre tract described in Document No. 200406038852 of the Comal County Real Property Records); and Parcels 78, 79, and 81, owned by Barry Dwight Jaroszewski, Jr. and Kasia Jaroszewski (Parcel 78 being a 19.366-acre tract described in Document No. 201106037523, Parcel 79 being a 0.0617 of an acre described in Document No. 200206023326, and Parcel 81 being a 29.645-acre tract described in Document No. 200706033825 all in the Comal County Real Property Records) as part of the Alves Lane Improvement Project. Mayor Casteel read the aforementioned caption. Matthew Eckmann and Valeria Acevedo presented the item. A motion was made by Councilmember Monceballez, seconded by Mayor Pro Tem Peters, that the City of New Braunfels approve the resolution authorizing the use of the power of eminent domain to acquire: - Parcel 83 being a .118 acre tract being a portion of an 18.362 acre tract out of the A.M. Esnaurizar Survey, Abstract No. 1, Comal County, Texas, further described in Document No. 200706041926 of Comal County Real Property Records and currently owned by Barry Jaroszewski and wife Joan Jaroszewski; - Parcel 84 being a .119 acre tract being a portion of 10.00 acres (tract two) out of the A.M. Esnaurizar Survey, Abstract No. 1, Comal County, Texas, further described in Document No. 200706041926 of the Comal County Real Property Records and currently owned by Barry Dwight Jaroszewski and wife, Joan Jaroszewski; - Parcel 86 being a .101 acre tract of land being a portion of a 10.00 acre tract of land out of the A.M. Esnaurizar Eleven League Grant, Abstract No. 1, Comal County, Texas, further described in Document No. 200406038852 of the Comal County Real Property Records, and Monday, August 22, 2016 New Braunfels City Council Regular Meeting  currently owned by Barry Dwight Jaroszewski; - Parcel 78 being a .720 acre tract of land being a portion of a 19.366 acre tract of land situated in the A.M. Esnaurizar Eleven League Grant, Abstract No. 1, Comal County, Texas, further described in Document No. 201106037523 of the Comal County Real Property Records, and currently owned by Barry Dwight Jaroszewski, Jr. and wife Kasia Renee Jaroszewski; - Parcel 79 being a .002 acre tract of land being a portion of a .617 acre tract out of A.M. Esnaurizar Eleven League Grant, Abstract No. 1, Comal County, Texas, further described in Document No. 200206023326 of the Comal County Real Property Records, and currently owned by Barry Jaroszewski, Jr.; - Parcel 81 being three tracts of land: Tract 1 being a .020 acre tract, Tract 2 being a .143 acre tract and Tract 3 being a .310 acre tract with all three tracts being a portion of a 29.645 acre tract of land situated in the A.M. Esnaurizar Eleven League Grant, Abstract No. 1, Comal County, Texas, being further described in Document No. 200706033825 of the Comal County Real Property Records, and these 3 parcels are currently owned by Barry Dwight Jaroszweski, Jr. and wife Kasia Jaroszweski. To be acquired for the public uses of improving pedestrian safety and ADA accessibility by providing sidewalks on both sides of the road; improving stormwater management and drainage in the area; providing connectivity to multiple residential and commercial areas; and building road improvements to alleviate traffic congestion on Highway 46, as part of the Alves Lane Improvement Project. These properties are depicted in the exhibits attached to the resolution and incorporated as part of this Motion. The motion passed via the following roll call vote: In Favor: Mayor Casteel, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green, and Councilmember Reaves Monday, August 22, 2016 New Braunfels City Council Regular Meeting EXECUTIVE SESSION 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: · Land Acquisition for City Facilities Mayor Casteel read the aforementioned caption. The City Council reconvened into Executive Session from 9:58 p.m. - 10:05 p.m. No vote or action was taken. In Open Session Mayor Casteel announced the following: The FY 2016-17 Proposed Budget along with the 2016 Tax rate will be adopted on September 12, 2016 at a meeting beginning at 6:00 P.M. in Council Chambers located at 424 South Castell Avenue, New Braunfels, Texas. This regular meeting adjourned at 10:06 p.m. Date Approved: September 12, 2016 By: ___________________________________ BARRON CASTEEL, MAYOR Attest: ______________________________________ PATRICK ATEN, CITY SECRETARY Monday, August 22, 2016 New Braunfels City Council Regular Meeting