City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, SEPTEMBER 12, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on September 12, 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, City Engineer Garry Ford, Parks and Recreation Director Stacey Dicke, Planning and Community Development Director Christopher Looney, Planner Benjamin Campbell, and Capital Programs Manager Bryan Woods. The meeting was called to order by Mayor Casteel in the New Braunfels Municipal Building City Council Chambers at 6:01 p.m. Mayor Pro Tem Peters gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed Clinton Brandt, Iris Timmermann Schumann, and Lucille Davis Garcia as Living Legends of the City of New Braunfels. Mayor Casteel proclaimed September 2016 as National Preparedness Month. Mayor Casteel proclaimed October 6-9, 2016, as Gruene Music and Wine Fest Weekend. Mayor Casteel proclaimed October 2016 as Fall Into Art Month. PRESENTATIONS: Kristi Aday presented on transparency and open government. City Council also directed staff to broadcast meetings of the New Monday, September 12, 2016 New Braunfels City Council Regular Meeting  Braunfels Industrial Development Corporation Board of Directors, Comprehensive Steering Plan Committee, and City Council Workshops. Staff was also directed to add street repair updates to the City website. No action was taken. 1. MINUTES A) Discuss and consider approval of the minutes of the special City Council meetings of August 15, 16, 17, 22, 23, and 25, 2016; and the regular City Council meeting of August 22, 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 No one spoke during Citizens' Communications. 3. CONSENT AGENDA A) Approval of the Mayoral appointment of five individuals to the New Braunfels Partnership Committee for terms ending August 1, 2019. B) Approval of the appointment of one individual to the Impact Fee Advisory Committee for a term ending January 10, 2019. C) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide up to $156,359 to the Center for Entrepreneurship for operation of the Small Business Development Center in 2016-2017. D) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide up to $100,000 to CGT U.S. Limited for permitting and impact fees associated with a project to provide up to 200 jobs in New Braunfels. E) Ratification of the submission of a grant application for the Texas Local Emergency Planning Committee (LEPC) Grant Program to the Texas Commission on Environmental Quality (TCEQ), for $263,094, to Monday, September 12, 2016 New Braunfels City Council Regular Meeting  purchase a vehicle, incident command trailer, and equipment and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. F) Approval of a budget transfer and amendment in the FY 2015-16 Self Insurance Fund and General Fund Budget. G) Approval of budget transfers in the FY 2015-16 General Fund Budget. H) Approval of change order on the Airport Hangar Repairs project to add additional paved surfaces to hangar 1746. I) Approval of contract with D&M Owens for the construction of a replacement of trail at Solms Park. J) Approval of Change Order 3 to the contract with MAC Inc. for construction services on the Morningside Park Project. K) Approval of the purchase of playground equipment for Morningside Park from the PlayWell Group through the BuyBoard. L) Approval of the purchase of playground shade for Morningside Park from T.F. Harper & Associates, LP through the BuyBoard. M) Approval of the second and final 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 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. N) Approval of the second and final 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. O) Approval of the second and final 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. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. Monday, September 12, 2016 New Braunfels City Council Regular Meeting  A motion was made by Councilmember Green, seconded by Councilmember García, to approve the Consent Agenda. The motion passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A motion was made by Councilmember Monceballez, seconded by Councilmember Garcia, to hear item 4N out of order. The motion passed unanimously. N) Discuss and consider possible direction to City staff regarding city owned properties at 424 S. Castell Avenue and other city facilities. Mayor Casteel read the aforementioned caption. Robert Camareno and Bryan Woods presented the item. Comal County Judge Sherman Krause spoke regarding the item. City Council directed the City Manager to proceed with bringing a plan to City Council with regards to shared use of the facility with Comal County. No action was taken. A) Presentation on air emissions in the San Antonio-New Braunfels Metropolitan Statistical Area and on the impact of the upcoming Environmental Protection Agency 2015 Ozone NAAQS Designation Process; and consideration of possible City Council direction to City staff on developing recommendations for City Council when working with the AACOG Air Improvement Resources committee in reducing ozone emissions. Mayor Casteel read the aforementioned caption. Wayne Peters introduced the item. AACOG (Alamo Area Council of Governments) Environmental Manager Steven Smeltzer and Garry Ford presented the item. Robert Hroch and Michael Meek spoke regarding the item. City Council directed staff to continue their efforts to reduce air emissions and to work with AACOG and AAMPO (Alamo Area Monday, September 12, 2016 New Braunfels City Council Regular Meeting  Metropolitan Planning Organization) to deduce where further reductions can be made. No action was taken. B) Discuss and consider approval of the second and final reading of an ordinance of the City of New Braunfels adopting the FY 2016-17 Operating Budget and Plan of Municipal Services. Mayor Casteel read the aforementioned caption. Robert Camareno presented the item. A motion was made by Councilmember Monceballez, seconded by Councilmember García, to adopt the FY 2016-17 Operating Budget and Plan of Municipal Services including the Budget Order and attachments included in that order. The motion passed unanimously via roll call vote. C) Discuss and consider approval of a resolution of the City of New Braunfels ratifying the increase in revenue generated by the 2016 property tax rate included in the FY 2016-17 Annual Budget. Mayor Casteel read the aforementioned caption. Robert Camareno presented the item. A motion was made by Councilmember Monceballez, seconded by Councilmember García, to ratify the property tax revenue increase reflected in the FY 2016-17 Operating Budget and Plan of Municipal Services. The motion passed unanimously via roll call vote. D) Discuss and consider approval of the second and final reading of an ordinance of the City of New Braunfels adopting the 2016 ad valorem tax rates. Mayor Casteel read the aforementioned caption. Robert Camareno presented the item. A motion was made by Councilmember García, seconded by Councilmember Monceballez, that the property tax rate for 2016 Monday, September 12, 2016 New Braunfels City Council Regular Meeting  remain unchanged by the adoption of a total ad valorem property tax rate of $.498230 which is effectively a 4.43 percent increase in the tax rate, with $.220151 for debt service and $.278079 for operations and maintenance. The motion passed unanimously via roll call vote. E) Discuss and consider approval of the second and final reading of an ordinance establishing the number of positions in each classification in the New Braunfels Police and Fire Departments pursuant to Local Government Code Chapter 143 as part of the annual budget process. Mayor Casteel read the aforementioned caption. Robert Camareno presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that this item be approved. The motion passed unanimously via roll call vote. F) Discuss and consider approval of the first reading of an ordinance amending Section 126-346 (f) and Section 126-368 of the Code of Ordinances to establish a water recreation loading zone on Liebscher Drive, prohibit loading and unloading passengers and water-oriented recreational equipment on E. Lincoln Street, S. Washington Street and Cross River Street, and update relevant text. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Meadows, that this item be approved. The motion passed unanimously. G) Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances Section 126-368 - Water Recreation Zones; Time Limit, to include a 10 minute loading and unloading area at Cypress Bend Park for water vessels. Mayor Casteel read the aforementioned caption. Stacey Dicke presented the item. Monday, September 12, 2016 New Braunfels City Council Regular Meeting  A motion was made by Councilmember García, seconded by Councilmember Green, that this item be approved. The motion passed unanimously. H) Public hearing and consideration of a resolution amending the 2006 Future Land Use Plan from “Open-Parks” to “Commercial” and consideration of the second and final 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. No one spoke during the public hearing. A motion was made by Councilmember Meadows, seconded by Councilmember Green, that this item be approved. The motion passed unanimously via roll call vote. <City Council took a break.> I) Public hearing and consideration of a resolution amending the 2006 Future Land Use Plan from Residential Medium Density to Commercial/Industrial and consideration of the second and final 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. No one spoke during the public hearing. A motion was made by Councilmember Monceballez, seconded by Monday, September 12, 2016 New Braunfels City Council Regular Meeting  Councilmember Green, that this item be approved. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that the motion be amended so the applicant is required to install a buffer masonry wall along the property line between the new M-1A and the future multifamily to the northwest. The motion to amend passed unanimously. The amended main motion passed unanimously via roll call vote. J) 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. Christopher Looney presented the item. Kenny Lux, Valerie Costello, and Steve Talley spoke during the public hearing. The applicant requested the item be postponed. A motion was made by Councilmember Meadows, seconded by Councilmember Green, that this item be postponed to the October 17, 2016 Regular City Council meeting. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Monceballez K) Discuss and consider the second and final 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. Monday, September 12, 2016 New Braunfels City Council Regular Meeting  Christopher Looney presented the item. Kara Heasley spoke regarding the item. A motion was made by Councilmember Green, seconded by Councilmember García, that this item be approved. The motion passed unanimously via roll call vote. L) Discuss and consider a request for an Appeal of Building Design Standards, Exterior Building Materials requirements, for a single building in the “C-1A” Neighborhood Business District, addressed at 1445 South Walnut Avenue. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Dr. Elizabeth Fowler and Devlon Hogue spoke regarding the item. A motion was made by Councilmember Reaves, seconded by Mayor Pro Tem Peters, that this item be approved with the condition that the structure has 80 percent masonry on the front, three foot high masonry wainscoting on both sides, and no masonry requirement on the rear. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, Councilmember Monceballez, and Mayor Pro Tem Peters Opposed: Councilmember García M) Discuss and consider approval of a Construction Manager at Risk (CMAR) contract with Byrne Construction Services for construction services, a contract with Terracon Consultants, Inc. for materials testing services and authority for the City Manager to approve any changes up to the 5.5% Owner and Contractor’s contingencies as well as all other necessary project expenditures on the Community Recreation Center Project. Mayor Casteel read the aforementioned caption. Monday, September 12, 2016 New Braunfels City Council Regular Meeting  Bryan Woods presented the item. A motion was made by Councilmember Reaves, seconded by Councilmember Green, that this item be approved. The motion passed unanimously. This regular meeting adjourned at 9:45 p.m. Date Approved: October 17, 2016 _____________________________________ BARRON CASTEEL, MAYOR Attest: _____________________________________ PATRICK ATEN, CITY SECRETARY Monday, September 12, 2016 New Braunfels City Council Regular Meeting