City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JANUARY 9, 2017 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on January 9, 2017, at 6:00 p.m. City Councilmembers present were: Present: 6 - Mayor Barron Casteel, Councilmember George Green, Councilmember Justin Meadows, Councilmember Ron Reaves, Mayor Pro Tem Wayne Peters, and Councilmember Leah García Absent: 1 - Councilmember Chris Monceballez City Staff present were: Assistant City Manager Kristi Aday, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Historic Preservation Officer and Downtown Coordinator Amy McWhorter, Public Works Director Greg Malatek, City Engineer Garry Ford, Watershed Coordinator Mark Enders, Police Chief Tom Wibert, Solid Waste Manager Mike Mundell, Planning and Community Development Director Christopher Looney, and Planning Manager Stacy Snell. The meeting was called to order by Mayor Casteel in the New Braunfels City Hall Council Chambers at 6:04 p.m. Councilmember Meadows gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed the 2016 Wassail Meister and People's Choice Wassail Contest winners. Mayor Casteel proclaimed January 16, 2017, as Martin Luther King, Jr. Day. PRESENTATIONS: Greg Malatek and Garry Ford presented proposed amendments to the Code of Ordinances Chapter 126 regarding Traffic and Vehicles. Mark Enders and Dr. Terry Gentry presented on the status of the Watershed Protection Plan for the Dry Comal Creek and Comal River. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  Mayor Casteel and Kristi Aday presented information on the 2017 It's Time Texas Community Challenge. Nancy Pappas spoke regarding the presentation. 1. MINUTES A) Discuss and consider approval of the minutes of the special and regular City Council meetings of December 12, 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 appointment of one individual to the Downtown Board for a term ending May 31, 2018. B) Approval of the appointment of two individuals to the New Braunfels Housing Authority Board of Commissioners for terms ending January 22, 2019. C) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation authorizing a professional services agreement with Baller, Stokes and Lide, PC for up to $25,000. D) Approval of a budget transfer in the FY 2016-17 Court Technology Fund. E) Approval of a contract with Frost Banking Investments for banking services. F) Approval to authorize the City Manager to execute a contract with Holmes Murphy & Associates for employee benefit consulting services. G) Approval of an increase to the number of authorized positions in the FY 2016-17 Adopted Budget for the addition of an Assistant City Manager position. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  H) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install traffic control devices in the Mistletoe Avenue area, in the East Zink Street area, in the Cypress Rapids Drive area, in the East Tanglewood Drive area, and on Mayberry Mill at Nicholas Cove. I) Approval of the first reading of an ordinance amending Section 126-136 (e) of the City of New Braunfels Code of Ordinances to amend the school speed zone times on Common Street and Hanz Drive at Cross Lutheran School. J) 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 in the Braunfels East Drive neighborhood, in the Broadway Estates subdivision, on Eastman Avenue at Kingbird Place, on Olympic Drive at Mission Valley Road, and on Marigold Way. K) Approval of the second and final reading of an ordinance amending Section 126-346 of the City of New Braunfels Code of Ordinances to restrict parking on the east side of Hunter Road 200 feet south of Rapids Road. L) Approval of the second and final reading of an ordinance amending Section 126-136 (e) of the City of New Braunfels Code of Ordinances to add a school speed zone on Escarpment Oak from the intersection with Goodwin Lane southeasterly for a distance of 80 feet adjacent to Oak Creek Elementary School. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember Green, seconded by Councilmember Meadows, 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 resolution in support of a state-wide ban on the operation of wireless hand-held electronic communication devices while operating a motor vehicle. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Mayor Pro Tem Peters presented the item. A motion was made by Councilmember Meadows, 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, and Mayor Pro Tem Peters Opposed: Councilmember Green, and Councilmember García B) Discuss and consider approval of a resolution authorizing the submission of projects for award of cost reimbursement funding under the Alamo Area Metropolitan Planning Organization’s Transportation Alternatives Program. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. Nancy Pappas spoke regarding the item. A motion was made by Councilmember García, seconded by Mayor Pro Tem Peters, that this item be approved with Exhibit A. The motion passed unanimously. C) Discuss and consider approval of the first reading of an ordinance amending Section 126-346 of the Code of Ordinances to amend the existing no parking zone on Common Street from Loop 337 to Union Avenue. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. John Davis spoke regarding the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Reaves, that this item be approved. The motion Monday, January 9, 2017 New Braunfels City Council Regular Meeting  passed unanimously. <City Council took a break.> D) Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances, Chapter 138, Article V. - Vehicle Storage Facilities and Towing of Vehicles by amending the wrecker rotation list system for incident management tows. Mayor Casteel read the aforementioned caption. Tom Wibert presented the item. Norma Rangel spoke regarding the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved. The motion passed unanimously. E) Discuss and consider approval of the second and final reading of an ordinance amending Section 126-354 of the City of New Braunfels Code of Ordinances to revise Parking by Permit Areas G and I. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. Paul Giffen spoke regarding the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved. The motion passed via the following roll call vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, and Mayor Pro Tem Peters Opposed: Councilmember García F) Discuss and consider approval of the first reading of an ordinance amending Chapter 110 of the Code of Ordinances relating to Solid Waste commercial rates and proposed operational changes. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Mike Mundell presented the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved. 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 the bulk storage of up to 4,000 gallons of gasoline in an aboveground tank on 8.36 acres, Lot 1, Block A, VBM New Braunfels Subdivision, addressed at 2077 IH 35 North. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Meadows, that this item be approved. The motion passed unanimously. H) Public hearing and consideration of the first reading of an ordinance regarding proposed revisions to Chapter 144, Zoning, Section 5.23, Temporary Vending Operations. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember García, seconded by Councilmember Green, that this item be approved. The motion passed unanimously. I) 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 single family dwelling in the “C-2” Central Business District, addressed at 662 Comal Avenue. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Green, seconded by Councilmember Reaves, that this item be postponed to the January 23, 2017, City Council meeting. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Green, Councilmember Meadows, Councilmember Reaves, and Councilmember García Abstain: Mayor Pro Tem Peters J) Public hearing and consideration of the first reading of an ordinance regarding a requested rezoning to apply a Special Use Permit to allow a reduction in the masonry requirement, a waiver of the residential tree buffer, and an increase in sign height and area for an office/warehouse development in the “C-3” Commercial District, on Lot 1, Block 1, Kayden 2 Subdivision, addressed at 1965 Post Road. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Russell Kyse and Javier Gonzales spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Meadows, that this item be approved with staff recommendations and the following conditions: 1. Wainscoting on buildings shall be a minimum of 48 inches in height. 2. No additional signage on building walls facing Post Road in addition to the existing condition of no additional free-standing signage. 3. the proposed free-standing sign shall include a minimum 3-foot tall wainscoting to match the building wainscoting. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  4. Landscaping around the detention pond as illustrated in the proposed photo renderings. 5. The maximum allowed height of the free-standing sign located in the detention pond is 19 feet. The motion passed via the following vote: In Favor: Mayor Casteel, Councilmember Meadows, Councilmember Reaves, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green <City Council took a break.> K) Public hearing and consideration of the first reading of an ordinance regarding a rezoning to apply a Special Use Permit to restrict the maximum height and to eliminate allowed uses in the “MU-Ar82” Low Intensity Mixed Use District on approximately 10 acres located on the west side of the 1900 block of Independence Drive (Property A) and to restrict the maximum height and to allow up to 240 residential units in the “C-1Br81” General Business District on approximately 13.6 acres located east of the intersection of Oak Run Parkway and Independence Drive (Property B). Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Steve Drenner and Mark Wauford spoke during the public hearing. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember Meadows, that this item be approved with staff recommendations and the following conditions: 1. The single-story limitation for townhomes and duplexes will also apply to Property B. 2. Ancillary appurtenances on Property B will be allowed to extend 7 feet above the maximum allowed 965 feet above Mean Sea Level. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  The motion passed unanimously. L) Public hearing and consideration of a resolution amending the 2006 Future Land Use Plan and the second and final reading of an ordinance regarding the rezoning of approximately 18.49 acres out of the O. 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 Councilmember Green, seconded by Mayor Pro Tem Peters, that this item be approved. The motion passed unanimously via roll call vote. M) Discuss and consider a waiver from the requirement to construct sidewalks along Hollow Oak and Fallen Oak for the Replat of Lots 23 and 24, Bear Creek Hills Subdivision, Unit 4. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember Meadows, seconded by Councilmember García, that this item be approved. The motion passed unanimously. N) Discuss and consider approval of the second and final 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. Josh Abel spoke regarding the item. Monday, January 9, 2017 New Braunfels City Council Regular Meeting  A motion was made by Councilmember Reaves, seconded by Councilmember Green, that this item be approved with staff recommendations. The motion failed via the following roll call vote: In Favor: Councilmember Green, and Councilmember Reaves Opposed: Mayor Casteel, Councilmember Meadows, Mayor Pro Tem Peters, and Councilmember García A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved with the condition to allow fiber cement as a primary material with the material restricted from the lower 4 feet of the wall. The motion passed via the following roll call vote: In Favor: Mayor Casteel, Councilmember Meadows, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green, and Councilmember Reaves This regular City Council meeting adjourned at 6:04 p.m. Date Approved: January 23, 2017 ____________________________________ BARRON CASTEEL, MAYOR Attest: ____________________________________ PATRICK ATEN, CITY SECRETARY Monday, January 9, 2017 New Braunfels City Council Regular Meeting