City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, NOVEMBER 28, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on November 28, 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, Police Chief Tom Wibert, Assistant Police Chief Joe Vargas, Parks and Recreation Director Stacey Dicke, Lifeguard Alex Gibbons, Planning and Community Development Director Christopher Looney, Planner Benjamin Campbell, and City Engineer Garry Ford. The meeting was called to order by Mayor Casteel in the New Braunfels City Hall Council Chambers at 6:07 p.m. Mayor Pro Tem Peters gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PRESENTATIONS: A) Life Saving Award Tom Wibert and Mayor Casteel presented Alex Gibbons with a Life Saving Award. B) Noise Ordinance One Year Review Kristi Aday and Joe Vargas presented the Noise Ordinance One Year Review. Mike Rust and Christine Westburg spoke regarding the presentation. 1. MINUTES A) Discuss and consider approval of the minutes of the special and Monday, November 28, 2016 New Braunfels City Council Regular Meeting  regular City Council meetings of November 14, 2016, and the special meeting of November 15, 2016. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember Green, seconded by Councilmember Monceballez, 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 Landa Park Golf Course Advisory Board for terms ending December 31, 2019. B) Approval of the appointment of one individual to the Building Standards Commission for a term ending October 26, 2017. C) Approval of the appointment of one individual as an alternate member to the Zoning Board of Adjustments for a term ending May 31, 2018. D) Approval of the appointment of one individual to the Animal Services Advisory Board for a term ending November 1, 2019. E) Approval of the purchase of new ambulance from Frazer through Houston-Galveston Area Council cooperative purchasing contract, approval of a resolution with Government Capital Corporation for short term financing and the appropriate budget amendment. F) Approval of the second and final reading of an ordinance amending Ordinance 2016-53 which authorized the number of positions in each classification in the New Braunfels Fire Department pursuant to Local Government Code Chapter 143 as part of the annual budget process. G) Approval of the second and final reading of an ordinance amending Ordinance 2014-83 authorizing the assignment pay for certain Support Services and Fire Marshal assignments within the New Braunfels Fire Department. H) 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, November 28, 2016 New Braunfels City Council Regular Meeting  install a stop sign on Klein Way at Settlers Crossing. I) Approval of the second and final reading of an ordinance amending Section 126-346 of the City of New Braunfels Code of Ordinances to amend the existing no parking zone on Elizabeth Avenue. J) Approval of the second and final reading of an ordinance amending Section 126-136 (a) of the City of New Braunfels Code of Ordinances to amend the existing school speed zone on Church Hill Drive adjacent to Church Hill Middle School. K) Approval of the second and final reading of an ordinance amending Section 94-60 of the Code of Ordinances to codify the long-existing policy of employee contributions to the Texas Municipal Retirement System. 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 passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider the appointment of three individuals to the Community Development Advisory Committee for terms ending December 13, 2019. Mayor Casteel read the aforementioned caption. Patrick Aten presented the item. A motion was made by Councilmember Reaves, seconded by Councilmember García, that Laurie Hawkins, Christopher Willis, and Louis Crawford be appointed to the Community Development Advisory Committee for terms ending December 13, 2019. The motion passed unanimously. B) Discuss and consider approval of the first reading of an ordinance amending Chapter 86 of the Code of Ordinances designating the 16 acre tract known as the Headwaters at the Comal as a public park. Monday, November 28, 2016 New Braunfels City Council Regular Meeting  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 December 12, 2016, City Council meeting. The motion passed unanimously. C) Public hearing and consideration of the first reading of an ordinance amending Chapter 143 of the New Braunfels Code of Ordinances by adding provisions for illicit discharges, construction site stormwater runoff control and post-construction stormwater management requirements, in compliance with the City’s Municipal Separate Storm Sewer System (MS4) permit. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. No one spoke during the public hearing. A motion was made by Councilmember Reaves, seconded by Councilmember García, that this item be approved. The motion passed unanimously. D) Public hearing and consideration of the first reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.22, Non-Residential and Multifamily Development Standards. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Kelly Sadler spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Reaves, that this item be approved. The motion passed unanimously. E) Public hearing and consideration of the first reading of an ordinance regarding amendments to the City of New Braunfels Code of Monday, November 28, 2016 New Braunfels City Council Regular Meeting  Ordinances, Chapter 144, related to minimum parking standards for bars, dancehalls, nightclubs, taverns, assembly halls and event centers. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Rick Rabe spoke during the public hearing. A motion was made by Councilmember Reaves, seconded by Councilmember Green, that this item be approved. The motion passed unanimously. F) Public hearing and consideration of the first reading of an ordinance rezoning approximately 16.085 acres out of the A-608 J Thompson Survey 21, addressed at 1964 Lou Ann Drive, from “APD” Agricultural/Pre-Development District to “Reserve at Mockingbird Heights 2” Planned Development District (RMH2PD) with a Concept Plan. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Gene Blanchard, Missy Fahrni, and Jack Scanio spoke during the public hearing. A motion was made by Councilmember Green, seconded by Mayor Pro Tem Peters, that this item be approved with the condition that the maximum number of allowed small lots be reduced from 45 lots to 39 lots, excluding the large lots on Lou Ann Drive. The motion passed unanimously. G) Public hearing and consideration of the first reading of an ordinance regarding a rezoning request to apply a Special Use Permit to allow a commercial tuber entrance and takeout in the "C-4" Resort Commercial District, addressed at 444 East San Antonio Street. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Monday, November 28, 2016 New Braunfels City Council Regular Meeting  No one spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that this item be approved with the following conditions: 1) This SUP shall not become effective until the applicant finally resolves all outstanding City of New Braunfels Municipal Court cases. 2) The applicant must comply with Federal Law with ADA requirements for public/commercial access point at 444 East San Antonio Street. 3) The subject use shall provide parking to accommodate a minimum of 200 off-street parking spaces, based on utilizing 800 tubes; if more than 800 tubes are utilized by subject, an appropriate number of additional parking spaces will be required per existing City ordinances. Should the adjacent 12,000 square foot building and outdoor decks on the premises become commercially occupied, the 40 off-street parking spaces on the property will not be counted in the required 200 off-street parking spaces required in this SUP. 4) The owner/operator of the subject use shall cooperate and comply with the City requests, orders and/or ordinances related to crowd control management, including but not limited to queueing, staggered entry, cut-off times, and maximum entry/limits. 5) Any vehicular/shuttle transport used by owner/operator of the subject use from any off-site shared parking areas must be on streets classified as Collectors or higher in the City's Regional Transportation Plan, or be part of an existing approved shuttle route. 6) Should ownership of this property change, staff will initiate a new zoning case to review the SUP. The motion passed unanimously. <City Council took a break> H) Public hearing and consideration of the first reading of an ordinance regarding the rezoning of approximately 18.49 acres out of the O. Monday, November 28, 2016 New Braunfels City Council Regular Meeting  Russell Survey No. 2, Abstract No. 485 addressed at 1200 FM 306 from “M-1” Light Industrial District to “ZH-A” Zero Lot Line Home District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Thor Thornhill spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Meadows, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green, Councilmember Reaves, and Councilmember Monceballez I) Public hearing and consideration of the proposed Veramendi Sector Plan 1A within the Veramendi Water Improvement District encompassing approximately 273 acres out of the Juan Martin de Veramendi Survey No. 2 Abstract 3, located at the terminus of Oak Run Parkway and north of Loop 337. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Todd Blackmon, Tiffany Lacey, and Mike Fogerty spoke during the public hearing. A motion was made by Councilmember Reaves, seconded by Mayor Pro Tem Peters, that this item be approved with staff recommendations. The motion passed unanimously. J) Discuss and consider a waiver from the requirement to construct sidewalks adjacent to proposed Lots 5A and 5B, Cordova Subdivision. Mayor Casteel read the aforementioned caption. Monday, November 28, 2016 New Braunfels City Council Regular Meeting  Christopher Looney presented the item. A motion was made by Councilmember Monceballez, seconded by Mayor Pro Tem Peters, that this item be approved. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Meadows, Councilmember Reaves, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green 5. EXECUTIVE SESSIONS 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 C) Deliberate the appointment, evaluation, duties, or removal of the Municipal Court Judge in accordance with Section 551.074 of the Texas Government Code. D) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager 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 9:08 p.m. - 10:05 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. The City Council reconvened into Open Session at 10:05 p.m. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Green, that the automobile allowance provided under Monday, November 28, 2016 New Braunfels City Council Regular Meeting  Section 6 of the employment agreement between the City of New Braunfels and Rose Marie Zamora dated September 9, 2013, be increased to $500.00 per month, effective October 1, 2016, bringing the Municipal Court Judge's automobile allowance to the same level as all City directors and executive staff. The motion passed unanimously. This regular City Council meeting adjourned at 10:07 p.m. Date Appoved: December 12, 2016 _____________________________________ BARRON CASTEEL, MAYOR Attest: _____________________________________ PATRICK ATEN, CITY SECRETARY Monday, November 28, 2016 New Braunfels City Council Regular Meeting