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City Council

Regular Meeting

New Braunfels, TX · October 24, 2016

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Minutes

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, OCTOBER 24, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on October 24, 2016, at 6:00 p.m. City Councilmembers present were: Present: 6 - Mayor Barron Casteel, Councilmember George Green, Councilmember Justin Meadows, Councilmember Chris Monceballez, Mayor Pro Tem Wayne Peters, and Councilmember Leah García Absent: 1 - Councilmember Ron Reaves 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, Municipal Court Judge Rose Zamora, Municipal Court Supervisor Della McFerren, Interim Municipal Court Administrator Rebecca Stark, Deputy Municipal Court Clerk Phyllis Mathison, Juvenile Case Manager Norma Herrera, Police Chief Tom Wibert, Fire Chief Kenneth Jacks, Finance Director Martie Simpson, Grants Coordinator Michelle Valadez, Geographic Information Systems Manager Greg Brown, Planning and Community Development Director Christopher Looney, Planner Matt Greene, 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 6:02 p.m. Mayor Casteel gave the invocation, led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed the week of November 7 through November 11, 2016 as Municipal Courts Week. Mayor Casteel recognized the efforts of the City of New Braunfels to obtain $1,038,834.68 in flood mitigation assistance grants. Mayor Casteel recognized November 4 through November 13, 2016, as Wurstfest. Monday, October 24, 2016 New Braunfels City Council Regular Meeting PRESENTATIONS: Wurstfest Association President Tim Zipp, President-elect Dan Krueger, and Grosse Opa Bruce Boyer, presented information regarding the 2016 Wurstfest. 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of October 17, 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 a resolution authorizing the City Manager to enter into an interlocal agreement with Comal County to provide Household Hazardous Waste Collection events for the City of New Braunfels and Comal County. B) Approval of an annual contract with United Service Associates, LLC to perform custodial services for the City of New Braunfels. C) Approval of the purchase of refuse and recycling containers from Toter Inc. and Wastequip through the National Intergovernmental Purchasing Alliance (NIPA) or the Houston Galveston Area Council (HGAC) contracts for the Solid Waste and Recycling Division and declaring the old containers surplus. D) Approval of the purchase of tires for large trucks and equipment from Hesselbein Tire Southwest based on best value and recap service from Wingfoot Commercial Tire Systems, LLC through the Texas Multiple Award Schedule (TXMAS) contract. E) Approval of the purchase of bulk fluids to support City fleet operations from Avery and Company based on best value. Monday, October 24, 2016 New Braunfels City Council Regular Meeting F) Approval of the purchase of one automated side load garbage collection vehicle and one roll-off truck from Chastang’s Bayou City Autocar and Heil of Texas, through HGAC and BuyBoard contracts. G) Approval of the renewal of an annual contract with Pristine Texas Rivers, Inc. for non-river litter pickup services in City park land. H) Approval of the renewal of an annual contract with Landscape Commander, LLC for landscape services for underdeveloped flood properties, roadways, and medians for the Parks and Recreation Department. I) Approval of the renewal of an annual contract with Landscape Commander, LLC for City-wide landscape and maintenance services of City owned facilities and parks. J) Approval of the renewal of annual contracts with Austin Materials, LLC d/b/a Ramming Paving Company, D and D Contractors, Inc., D & M Owens, Inc., Dirt Boys, Inc., Double S Paving, Inc., Fischer Construction Company, Inc., and Lone Star Paving for road construction work for the Public Works Department. K) Approval of the grant application submission for the Community Good Neighbor Citizenship Company Grant to State Farm in the amount of $12,358, with a focus on home safety and fire prevention, to be used for the acquisition of a residential fire demonstration trailer. L) Approval to amend the existing professional services agreement with Arcadis for the support of the Dry Comal Creek and Comal River Watershed Protection Program with the Texas Commission on Environmental Quality. M) 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 December 31, 2015, through June 30, 2016. N) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to prohibit through vehicles on alleyways in the Southbank subdivision between Southbank Boulevard and Dundee Grace. O) Approval of the second and final reading of an ordinance amending Monday, October 24, 2016 New Braunfels City Council Regular Meeting Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install stop signs at S. Hill Avenue at Jahn Street. P) 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 a stop sign on northbound Pecan Bend at Pecan Forest. Q) Approval of the second and final 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. R) Approval of the second and final 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, addressed at 1669 Kuehler Avenue. S) Approval of the second and final 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. T) Approval of the second and final 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. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember García, seconded by Mayor Pro Tem Peters, to approve the Consent Agenda. The motion passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a contract with the Center for Public Safety Management to conduct a comprehensive analysis of the City’s public safety services. Mayor Casteel read the aforementioned caption. Robert Camareno presented the item. Monday, October 24, 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. The motion passed unanimously. B) Discuss and consider approval of a resolution authorizing the City Manager to enter into a lease agreement between Connections Individual and Family Services, Inc. and the City of New Braunfels for the property located at 705 Comal Avenue, and authorizing the City Manager to execute all necessary documents. Mayor Casteel read the aforementioned caption. Matthew Eckmann presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Monceballez, that this item be approved. The motion passed unanimously. C) Discuss and consider approval of the City of New Braunfels FY 2015-16 third quarter investment report. Mayor Casteel read the aforementioned caption. Martie Simpson presented the item. A motion was made by Councilmember Green, seconded by Councilmember Meadows, that this item be approved. The motion passed unanimously. D) Public hearing and first reading of an ordinance regarding a requested amendment to Ordinance No. 2013-62, the "West Village at Creekside" Planned Development District (WVCPD) Concept Plan to remove and rezone 1 acre from "West Village at Creekside" Planned Development District to "C-1A" Neighborhood Business District, located on FM 1101 at the northeast corner of its intersection with Kowald Lane. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Thor Thornhill spoke during the public hearing. Monday, October 24, 2016 New Braunfels City Council Regular Meeting A motion was made by Councilmember Green, seconded by Councilmember García, that this item be approved with staff recommendations. The motion passed unanimously. E) Discuss and consider approval of the second and final reading of an ordinance rezoning 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 “Arroyo Verde” Planned Development District, with a Concept Plan. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Mike Lancaster and Christopher Willis spoke regarding the item. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, that this item be approved. The motion passed via the following roll call vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, and Councilmember Monceballez Opposed: Mayor Pro Tem Peters, and Councilmember García F) Discuss and consider a waiver from the requirement to construct sidewalks in front of proposed Lot 9, Kreuslerville Subdivision. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember Meadows, seconded by Councilmember Monceballez, that this item be approved. The motion passed unanimously. 5. EXECUTIVE SESSIONS A) 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: Monday, October 24, 2016 New Braunfels City Council Regular Meeting · Land Acquisition for City Facilities C) Deliberate the appointment, evaluation, duties, or removal of the Municipal Court Judge in accordance with Section 551.074 of the Texas Government Code. Mayor Casteel read the aforementioned captions. The City Council recessed into Executive Session from 7:26 p.m. - 7:55 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. City Council reconvened into Open Session at 7:55 p.m. No vote or action was taken. This regular City Council meeting adjourned at 7:56 p.m. Date Approved: November 14, 2016 _______________________________________ BARRON CASTEEL, MAYOR Attest: ____________________________________ PATRICK ATEN, CITY SECRETARY Monday, October 24, 2016 New Braunfels City Council Regular Meeting

Agenda

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET, NEW BRAUNFELS, TX MONDAY, OCTOBER 24, 2016 at 6:00 PM Barron Casteel, Mayor Chris Monceballez, Councilmember (District 4) George Green, Councilmember (District 1) Wayne Peters, Mayor Pro Tem (District 5) Justin Meadows, Councilmember (District 2) Leah A. García, Councilmember (District 6) Ron Reaves, Councilmember (District 3) Robert Camareno, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve. AGENDA CALL TO ORDER: CALL OF ROLL: City Secretary INVOCATION: Mayor Barron Casteel PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. PROCLAMATIONS: Municipal Court Week PRESENTATIONS: Wurstfest Tim Zipp, Dan Krueger, and Bruce Boyer 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of October 17, 2016. Patrick Aten, City Secretary 2. CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. There will be no City Council action at this time. 3. CONSENT AGENDA [1] City Council Agenda October 24, 2016 All items listed below are considered to be routine and non-controversial by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the consent agenda and considered as part of the normal order of business. Resolutions & Action Items A) Approval of a resolution authorizing the City Manager to enter into an interlocal agreement with Comal County to provide Household Hazardous Waste Collection events for the City of New Braunfels and Comal County. Michael Mundell, Solid Waste Manager B) Approval of an annual contract with United Service Associates, LLC to perform custodial services for the City of New Braunfels. Jennifer Gates, Buyer C) Approval of the purchase of refuse and recycling containers from Toter Inc. and Wastequip through the National Intergovernmental Purchasing Alliance (NIPA) or the Houston Galveston Area Council (HGAC) contracts for the Solid Waste and Recycling Division and declaring the old containers surplus. Michael Mundell, Solid Waste Manager D) Approval of the purchase of tires for large trucks and equipment from Hesselbein Tire Southwest based on best value and recap service from Wingfoot Commercial Tire Systems, LLC through the Texas Multiple Award Schedule (TXMAS) contract. Michael Mundell, Solid Waste Manager E) Approval of the purchase of bulk fluids to support City fleet operations from Avery and Company based on best value. Michael Mundell, Solid Waste Manager F) Approval of the purchase of one automated side load garbage collection vehicle and one roll-off truck from Chastang’s Bayou City Autocar and Heil of Texas, through HGAC and BuyBoard contracts. Michael Mundell, Solid Waste Manager G) Approval of the renewal of an annual contract with Pristine Texas Rivers, Inc. for non-river litter pickup services in City park land. Jennifer Gates, Buyer H) Approval of the renewal of an annual contract with Landscape Commander, LLC for landscape services for underdeveloped flood properties, roadways, and medians for the Parks and Recreation Department. Jennifer Gates, Buyer [2] City Council Agenda October 24, 2016 I) Approval of the renewal of an annual contract with Landscape Commander, LLC for City-wide landscape and maintenance services of City owned facilities and parks. Jennifer Gates, Buyer J) Approval of the renewal of annual contracts with Austin Materials, LLC d/b/a Ramming Paving Company, D and D Contractors, Inc., D & M Owens, Inc., Dirt Boys, Inc., Double S Paving, Inc., Fischer Construction Company, Inc., and Lone Star Paving for road construction work for the Public Works Department. Jennifer Gates, Buyer K) Approval of the grant application submission for the Community Good Neighbor Citizenship Company Grant to State Farm in the amount of $12,358, with a focus on home safety and fire prevention, to be used for the acquisition of a residential fire demonstration trailer. Kenneth Jacks, Fire Chief L) Approval to amend the existing professional services agreement with Arcadis for the support of the Dry Comal Creek and Comal River Watershed Protection Program with the Texas Commission on Environmental Quality. Greg Malatek, Director of Public Works M) 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 December 31, 2015, through June 30, 2016. Christopher J. Looney, Planning and Community Development Director Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) N) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to prohibit through vehicles on alleyways in the Southbank subdivision between Southbank Boulevard and Dundee Grace. Garry Ford, City Engineer O) 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 at S. Hill Avenue at Jahn Street. Garry Ford, City Engineer P) Approval of the second and final reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to [3] City Council Agenda October 24, 2016 install a stop sign on northbound Pecan Bend at Pecan Forest. Garry Ford, City Engineer Q) Approval of the second and final 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. Garry Ford, City Engineer R) Approval of the second and final 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, addressed at 1669 Kuehler Avenue. Christopher J. Looney, Planning and Community Development Director S) Approval of the second and final 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. Christopher Looney, Director of Planning and Community Development T) Approval of the second and final 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. Stacey Dicke, Parks and Recreation Director 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a contract with the Center for Public Safety Management to conduct a comprehensive analysis of the City’s public safety services. Robert Camareno, City Manager B) Discuss and consider approval of a resolution authorizing the City Manager to enter into a lease agreement between Connections Individual and Family Services, Inc. and the City of New Braunfels for the property located at 705 Comal Avenue, and authorizing the City Manager to execute all necessary documents. Matthew Eckmann, Real Estate Manager C) Discuss and consider approval of the City of New Braunfels FY 2015-16 third quarter investment report. Martie Simpson, Finance Director D) Public hearing and first reading of an ordinance regarding a requested amendment to Ordinance No. 2013-62, the "West Village at Creekside" [4] City Council Agenda October 24, 2016 Planned Development District (WVCPD) Concept Plan to remove and rezone 1 acre from "West Village at Creekside" Planned Development District to "C-1A" Neighborhood Business District, located on FM 1101 at the northeast corner of its intersection with Kowald Lane. Christopher J. Looney, Planning and Community Development Director E) Discuss and consider approval of the second and final reading of an ordinance rezoning 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 “Arroyo Verde” Planned Development District, with a Concept Plan. Christopher Looney, Planning and Community Development Director F) Discuss and consider a waiver from the requirement to construct sidewalks in front of proposed Lot 9, Kreuslerville Subdivision. Christopher J. Looney, Planning and Community Development Director 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 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 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. C) Deliberate the appointment, evaluation, duties, or removal of the Municipal Court Judge in accordance with Section 551.074 of the Texas Government Code. NOTE: The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act (Chapter 551 of the Texas Government Code). [5] City Council Agenda October 24, 2016 6. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. CERTIFICATION I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels Municipal Building on October 19, 2016, at 12:30 p.m. _____________________________________ Patrick Aten, City Secretary NOTE: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made. [6]

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