City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, OCTOBER 17, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on October 17, 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, Assistant City Attorney Frank Onion, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Police Chief Tom Wibert, Parks and Recreation Director Stacey Dicke, Urban Forester Kelly Eby, Planning and Community Development Director Christopher Looney, Planner Matthew Simmont, Capitol Programs Manager Bryan Woods, and Real Estate Manager Matthew Eckmann. The meeting was called to order by Mayor Casteel in the New Braunfels City Hall Council Chambers at 6:01 p.m.. Councilmember Garcia gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed the month of October 2016, as Arbor Day Everyday. Mayor Casteel proclaimed the week of October 17 - 21, 2016, as Chamber of Commerce Week. Mayor Casteel proclaimed the week of October 16, 2016, as Family Promise Week. Mayor Casteel proclaimed the month of October 2016, as Domestic Violence Awareness Month. PRESENTATIONS: Mayor Casteel presented Rosa Lopez a plaque in recognition of her retirement. Monday, October 17, 2016 New Braunfels City Council Regular Meeting 1. MINUTES A) Discuss and consider approval of the minutes of the special City Council meetings of September 6 and 20, 2016, and the regular meeting of September 12, 2016. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember Green, seconded by Councilmember Reaves, that the minutes be approved as corrected. The motion passed unanimously. 2. CITIZENS' COMMUNICATIONS No one spoke during Citizens' Communications. 3. CONSENT AGENDA A) Approval of the appointment of one individual as an alternate member to the Building Standards Commission for a term ending October 26, 2018. B) Approval of the appointment of two individuals to the Watershed Advisory Committee for terms ending April 18, 2019. C) Approval of the removal of a member from the Ethics Commission and the appointment of a new member to the Ethics Commission for a term ending May 31, 2017. D) Approval of a resolution to change the Community Development Block Grant program period of performance from a calendar year to the City’s fiscal year, beginning Program Year 2017. E) Approval of the ratification of the submission of a grant application to the U.S. Department of Justice FY 2016 Bulletproof Vest Partnership program for $30,382.50 and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. F) Approval of the submission of a request to Comal County Commissioners Court, on behalf of Joyce Lee Quinn and in accordance with the City-County Interlocal Agreement, for a waiver from the requirement for a minimum five-acre lot size for lots served by Monday, October 17, 2016 New Braunfels City Council Regular Meeting  septic systems without a public water connection, for proposed Lots 39A, 40A, and 41A, in the River Cliff Estates Subdivision located in New Braunfels’ Extra Territorial Jurisdiction (ETJ) and currently addressed as 7150 through 7166 River Road, New Braunfels, Texas. G) Approval of the ratification of a grant submission to the Conservation License Plate grant program from Texas Parks and Wildlife for up to $30,000 for the Blackland Prairie and Riparian Habitat Restoration at Fischer Park and authorizing the City Manager to accept funds and execute all contract documents associated with the grant if awarded. H) Approval of the ratification of a grant submission to the 2017 State Homeland Security Program from Federal Department of Homeland Security for up to $52,500 for the purchase of First Defender RM S1 Product Identification Equipment and authorizing the City Manager to accept funds and execute all contract documents associated with the grant if awarded. I) Approval of budget transfers in the FY 2015-16 General Fund, Solid Waste Fund, and River Fund. J) Approval of the renewal of annual contracts with Verizon Wireless for cellular phone services and broadband services utilizing State of Texas Department of Information Resources (D.I.R.) contracts. K) 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 at S. Hill Avenue at Jahn Street. L) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to prohibit left turns on eastbound Loop 337 at the Veramendi temporary haul road across from New Braunfels High School. M) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install a stop sign on northbound Pecan Bend at Pecan Forest. N) Approval of the second and final 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. Monday, October 17, 2016 New Braunfels City Council Regular Meeting  O) Approval of the second and final 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. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember García, seconded by Councilmember Green, to approve the Consent Agenda. The motion passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Garcia, to hear item 4I out of order. The motion passed unanimously. I) Discuss and consider a request for a Conditional Sign Permit for a pole sign and a monument sign at the future Corner Store/Valero gas station addressed as 104 IH 35 South. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember García, seconded by Councilmember Reaves, that this item be postponed. The motion passed unanimously. 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 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 cases of 6 parcels related to Alves Lane Improvement Project, City of New Braunfels v. Barry Jaroszewski, Joan Jaroszewski, Barry Dwight Jaroszewski, Jr. and Kasia Rene Jaroszewski; Case Nos. 2016CVA0423, 2016CVA0424, 2016CVA0425, 2016CVA0426, 2016CVA0427, AND 2016CVA0428. Monday, October 17, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. City Council recessed into Executive Session from 6:30 p.m. - 7:12 p.m. No action or vote was taken. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. City Council reconvened into Open Session at 7:12 p.m. No action or vote was taken. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of the appointment of two individuals to the River Advisory Committee for terms ending December 8, 2019. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Reaves, to approve the appointment of David Davenport and Scott Roots to the River Advisory Committee for terms ending December 8, 2019. The motion passed unanimously. B) Discuss and consider approval of the appointment of two individuals to the Heritage Commission for terms ending March 11, 2020, and one individual for a term ending March 11, 2019. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Councilmember Reaves, seconded by Councilmember Meadows, to approve the appointment of Joanna H. Lewis and Helgard Suhr-Hollis for terms ending March 11, 2020, and Robert Lyons for a term ending March 11, 2019, to the Heritage Commission. The motion passed unanimously. C) Discuss and consider approval of the appointment of two individuals to Monday, October 17, 2016 New Braunfels City Council Regular Meeting  the Arts Commission for terms ending January 31, 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 Adam Fellers and Brad Wehring to the Arts Commission for terms ending January 31, 2020. The motion passed unanimously. D) Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances Section 86-1 - Overnight camping prohibited; hours parks closed and Section 86-3 Rules and Regulations for the control of park and recreation areas adding hours of operations to city cemeteries. Mayor Casteel read the aforementioned caption. Stacey Dicke presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that this item be approved with the condition that Section 86-1(f) be amended to state that the City Manager or the City Council have the authority to grant exemption approval; and Section 86-1 be amended by including properties on both sides of the Faust Street Bridge, and the last public exit on Lincoln Street. The motion passed unanimously. E) Public hearing and consideration of the first reading of an ordinance regarding a rezoning 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 IH 35. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Kenny Lux, Valerie Costello, Barry Keenum, Yvette Castaneda, Matthew Hooks, Gary Guggenmos, Anne Rojas, and Misty Lux spoke during the public hearing. Monday, October 17, 2016 New Braunfels City Council Regular Meeting  A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved with staff recommendations, and the condition that the applicant rebuild the chapel and construct a privacy fence along the Bush's Chicken property line. The motion failed via the following vote: In Favor: Mayor Pro Tem Peters, and Councilmember García Opposed: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, and Councilmember Monceballez <City Council took a break.> F) Public hearing and consideration of the first reading of an ordinance rezoning approximately 41.46 acres out of the A-485 O Russell Survey 2, currently addressed at 3137 Goodwin Lane from “APD” Agricultural/Pre-Development District to “Arroyo Verde” Planned Development District, with a Concept Plan. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Mike Lancaster, Jeff Chatham, Leroy Goodson, Ron Savage, and Susan Parsons spoke during the public hearing. A motion was made by Councilmember Monceballez, seconded by Councilmember García, that this item be approved with staff recommendations. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, Councilmember Monceballez, and Councilmember García Opposed: Mayor Pro Tem Peters G) Public hearing and consideration of the first reading of an ordinance regarding a rezoning request to apply a Special Use Permit to allow the short term rental of a house in the “R-3” Multifamily District, Monday, October 17, 2016 New Braunfels City Council Regular Meeting  addressed at 1669 Kuehler Avenue. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Steve Wilson spoke during the public hearing. A motion was made by Councilmember Monceballez, seconded by Councilmember García, that this item be approved. The motion passed unanimously. H) Public hearing and consideration of the first reading of an ordinance regarding an amendment to the Canyon Reserve Planned Development Zoning District Detail Plan and related development standards, currently addressed as 510 S. Kowald Lane. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Clay Schlinkle spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved with staff recommendations and the condition that a Home Owner's Association be formed and responsible for maintaining the open space. The motion passed unanimously. J) Discuss and consider possible direction to City Staff to bring forward for Planning Commission recommendation and City Council consideration amendments to Chapter 144, Zoning, Sec. 5.24 relating to Temporary Vending Operations. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. City Council directed staff to work on amendments and to include consequences for not removing mobile vending units. No vote was taken. Monday, October 17, 2016 New Braunfels City Council Regular Meeting 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. 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 caption. City Council recessed into Executive Session from 9:56 p.m. - 10:45 p.m. No vote or action was taken. 6. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Casteel read the aforementioned caption. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, to set the City Attorney annual salary at $135,600.00 effective November 2, 2016. The motion passed unanimously. This regular meeting adjourned at 10:46 p.m. Date Approved: October 24, 2016 ______________________________________ BARRON CASTEEL, MAYOR Monday, October 17, 2016 New Braunfels City Council Regular Meeting Attest: ______________________________________ PATRICK ATEN, CITY SECRETARY Monday, October 17, 2016 New Braunfels City Council Regular Meeting