City Council
Regular MeetingNew Braunfels, TX · July 10, 2017
Minutes
MINUTES
OF THE NEW BRAUNFELS CITY COUNCIL
REGULAR MEETING OF MONDAY, JULY 10, 2017
The City Council of the City of New Braunfels, Texas, convened in a Regular
Session on July 10, 2017, 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, Assistant
City Manager Bryan Woods, City Attorney Valeria Acevedo, City Secretary
Patrick Aten, Assistant City Secretary Andrea Cunningham, Economic
Development Manager Jeff Jewell, Planning and Community Development
Director Christopher Looney, Planner Matthew Simmont, Finance Director
Martie Simpson, and Grants Coordinator Michele Valadez.
The meeting was called to order by Mayor Casteel in the New Braunfels City Hall
Council Chambers at 6:02 p.m. Councilmember Green gave the invocation; and
Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag.
PRESENTATIONS:
B) Presentation and discussion on the New Braunfels Police
Department’s 2016 racial profiling report.
Dr. Alex Del Carmen of Del Carmen Consulting, LLC, presented the
New Braunfels Police Department's 2016 Racial Profiling Report.
A) Recognition of partners for the Loop 337 Project.
Mayor Casteel recognized the various partners involved in the Loop
337 Project.
C) Presentation and direction to staff concerning the formulation of a draft
policy for the creation of Public Improvement Districts.
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
Jeff Jewell introduced the item. Managing Principal at Development
Planning and Financing Group Rick Rosenberg presented on the
creation of Public Improvement Districts.
1. MINUTES
A) Discuss and consider approval of the minutes of the regular City
Council meeting of June 26, 2017.
Mayor Casteel read the aforementioned caption.
A motion was made by Mayor Pro Tem Peters, seconded by
Councilmember García, 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 contract with D&M Owens, Inc., for an amount not to
exceed $44,150, for the construction of back-up flow control gates
between Landa Lake and the Old Channel of the Comal River.
B) Approval of acquisition funds for purchasing Right of Way from Sarah
W. Edison, Parcel 112 on the Solms/Morningside/Reuckle Road
Improvements Project.
C) Approval of a ratification for the purchase of a propane-fueled
pneumatic tire forklift utilizing a grant from the Texas Commission on
Environmental Quality through the Alamo Area Council of
Governments from Briggs Equipment using a BuyBoard contract.
D) Approval for the purchase of a traffic signal bucket truck from
Chastang Enterprises - Angleton, LLC utilizing a BuyBoard contract.
E) Approval of the second and final reading of an ordinance to revise the
school speed zone on FM 1863 for the New Braunfels Christian
Academy.
F) Approval of the second and final reading of an ordinance regarding the
proposed designation of approximately 0.241 acres, Lots 14 and 16 of
City Block 1024, addressed as 564 Hill Avenue, as a local historic
landmark to be known as the Kopplin-Leitch House.
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
G) Approval of the second and final reading of an ordinance regarding
Youth Programs Standards of Care for the Parks and Recreation
Department.
Approval of the Consent Agenda
Mayor Casteel read the aforementioned captions. A motion was made
by Councilmember García, seconded by Councilmember Reaves, to
approve the Consent Agenda. The motion passed unanimously via roll
call vote.
4. INDIVIDUAL ITEMS FOR CONSIDERATION
A) Discuss and consider a plan to implement the rules related to the
disposable container ordinance.
Mayor Casteel read the aforementioned caption.
Robert Camareno presented the item.
Mike Meek, Shane Wolf, and James Reno spoke regarding the item.
City Council directed staff to prepare and make ready educational
materials and signage with consistent messaging, with a goal of
compliance. City Council directed staff to also implement a date
certain of when enforcement will begin. City Council directed staff to
increase education and enforcement of the ordinance in all areas with
river access.
B) Discuss and consider approval of the first reading of an ordinance
granting rehabilitation tax relief to the property addressed as 195 Jahn
Street, a Local Historic Landmark known as the Brietzke Haus.
Mayor Casteel read the aforementioned caption.
Christopher Looney presented the item.
A motion was made by Councilmember García, seconded by
Councilmember Meadows, that this item be approved. The motion
passed unanimously.
C) Discuss and consider approval of the second and final reading of an
ordinance regarding the proposed designation of approximately 0.158
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
acre, the northeast parts of Lots 1 and 2 of City Block 4066,
addressed as 475 Butcher Street, as a local historic landmark to be
known as the Boenig-Hartmann House.
Mayor Casteel read the aforementioned caption.
Christopher Looney presented the item.
A motion was made by Councilmember García, seconded by
Councilmember Reaves, that this item be approved with the historic
landmark to be named the Boenig-Maurer House. The motion passed
unanimously via roll call vote.
D) Public hearing and consideration of the first reading of an ordinance
regarding the proposed rezoning of approximately 74 acres comprising
a 60.579 acre tract out of the A-20, A M Esnaurizar Survey, addressed
at 1584 and 1568 Weltner Road, and the 13.421 acre Countryville
Subdivision, from “APD” Agricultural/Pre-Development District and
“R-1A-6.6” Single-Family District to Weltner Farms Planned
Development District (WFPD).
Mayor Casteel read the aforementioned caption.
Christopher Looney presented the item.
James Ingalls and Jack Scanio spoke during the public hearing.
A motion was made by Councilmember Meadows, seconded by
Councilmember Reaves, that this item be approved with the condition
that lots located in Area 1 have a minimum lot width of fifty feet. The
motion passed unanimously.
E) Public hearing on the draft 2017 Community Development Block Grant
One-Year Action Plan and Fair Housing Plan.
Mayor Casteel read the aforementioned caption.
Martie Simpson, Michele Valadez, Comunity Deveopment Block Grant
Consultant Paula Harper, and Community Development Advisory
Committee Chair Harry Bowers presented the item.
Tricia Schneider, Mario Obledo Jr., and Ken Lowery spoke during the
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
public hearing.
F) Discuss and consider approval of an ordinance of the City Council of
the City of New Braunfels, Texas authorizing the issuance of "City of
New Braunfels, Texas General Obligation Refunding Bonds, Series
2017", levying an annual Ad Valorem Tax, within the limitations
prescribed by law, for the payment of the bonds, prescribing the form,
terms, conditions and resolving other matters incident and related to
the issuance, sale and delivery of the bonds; authorizing the execution
of a paying agent/registrar agreement , a purchase and investment
letter, and an escrow and trust agreement, complying with the letter of
representation on file with the depository trust company, authorizing
the execution of any necessary engagement agreements with the
City's financial advisors and/or bond counsel; and providing an
effective date.
Mayor Casteel read the aforementioned caption.
Martie Simpson and SAMCO Capital Markets Managing Director
Andrew Friedman presented the item.
A motion was made by Councilmember Reaves, seconded by Mayor
Pro Tem Peters, that this item be approved. The motion passed
unanimously via roll call vote.
5. EXECUTIVE SESSIONS
A) Deliberate pending/contemplated litigation, settlement offer(s), and
matters concerning privileged and unprivileged client information
deemed 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:
· Alta Towers, LLC v. City of New Braunfels and City of New
Braunfels Zoning Board of Adjustment
· Carowest Land, Ltd. v. Yantis Company and the City of New
Braunfels, (2010, 2015, and 2017 cases)
· Yantis Company vs. City of New Braunfels, et. al. (2014 case)
· Stop the Ordinances Please, et. al. v. City of New Braunfels.
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:
· acquisition of land for city facilities
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
Mayor Casteel read the aforementioned captions with the exception
of:
- Stop the Ordinances Please, et. al. v. City of New Braunfels.
City Council recessed into Executive Session from 8:42 p.m. - 9:57
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 9:57 p.m.
No vote or action was taken.
This regular meeting adjourned at 9:58 p.m.
Date Approved: July 24, 2017
____________________________________
BARRON CASTEEL, MAYOR
Attest:
_____________________________________
PATRICK ATEN, CITY SECRETARY
Monday, July 10, 2017 New Braunfels City Council Regular Meeting
Agenda
CITY OF NEW BRAUNFELS, TEXAS
CITY COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
550 LANDA STREET
MONDAY, JULY 10, 2017 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: Councilmember George Green
PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG
REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT
EMERGENCY ON-CALL PERSONNEL.
PRESENTATIONS:
A) Recognition of partners for the Loop 337 Project.
Mayor Barron Casteel
B) Presentation and discussion on the New Braunfels Police
Department’s 2016 racial profiling report.
Dr. Alex Del Carmen
C) Presentation and direction to staff concerning the formulation of a draft
policy for the creation of Public Improvement Districts.
Jeff Jewell, Economic Development Manager
PID Presentation_New Braunfels_ 2017-06-29.pdf
PID-Policies_examples.pdf
1. MINUTES
A) Discuss and consider approval of the minutes of the regular City
Council meeting of June 26, 2017.
Patrick Aten, City Secretary
[1]
City Council Agenda Packet
July 10, 2017
Minutes - June 26, 2017 Regular Meeting
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
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 contract with D&M Owens, Inc., for an amount not to
exceed $44,150, for the construction of back-up flow control gates
between Landa Lake and the Old Channel of the Comal River.
Mark Enders, Watershed Program Manager
B) Approval of acquisition funds for purchasing Right of Way from Sarah
W. Edison, Parcel 112 on the Solms/Morningside/Reuckle Road
Improvements Project.
Matthew Eckmann, Real Estate Manager
C) Approval of a ratification for the purchase of a propane-fueled
pneumatic tire forklift utilizing a grant from the Texas Commission on
Environmental Quality through the Alamo Area Council of
Governments from Briggs Equipment using a BuyBoard contract.
Michael Mundell, Solid Waste Manager
D) Approval for the purchase of a traffic signal bucket truck from Chastang
Enterprises - Angleton, LLC utilizing a BuyBoard contract.
Jennifer Gates, Buyer
Ordinances
(In accordance with Section 3.10 of the City Charter, a descriptive
caption of each ordinance shall be read on two separate days.)
E) Approval of the second and final reading of an ordinance to revise the
school speed zone on FM 1863 for the New Braunfels Christian
Academy.
Garry Ford, City Engineer
Ordinance Redlines - FM 1863 SZ
ordinance
F) Approval of the second and final reading of an ordinance regarding the
proposed designation of approximately 0.241 acres, Lots 14 and 16 of
[2]
City Council Agenda Packet
July 10, 2017
City Block 1024, addressed as 564 Hill Avenue, as a local historic
landmark to be known as the Kopplin-Leitch House.
Christopher J. Looney, Planning and Community Development Director
Application
Maps
Notification list, map and responses
Photographs of Subject Property
Article III, Section 66-54
Article III, Section 66-56
Excerpt from the April 11, 2017 Historic Landmark Commission
meeting minutes
Excerpt from the June 6, 2017 Planning Commission meeting
minutes
Ordinance
G) Approval of the second and final reading of an ordinance regarding
Youth Programs Standards of Care for the Parks and Recreation
Department.
Stacey Dicke, Parks and Recreation Director
ordinance
4. INDIVIDUAL ITEMS FOR CONSIDERATION
A) Discuss and consider a plan to implement the rules related to the
disposable container ordinance.
Robert Camareno, City Manager
B) Discuss and consider approval of the first reading of an ordinance
granting rehabilitation tax relief to the property addressed as 195 Jahn
Street, a Local Historic Landmark known as the Brietzke Haus.
Christopher J. Looney, Director of Planning and Community Development
Map
Application
Before and After Photos
Article III, Section 66-57-1
Excerpt from the June 13, 2017 Historic Landmark Commission
Minutes
Ordinance
C) Discuss and consider approval of the second and final reading of an
ordinance regarding the proposed designation of approximately 0.158
acre, the northeast parts of Lots 1 and 2 of City Block 4066, addressed
as 475 Butcher Street, as a local historic landmark to be known as the
[3]
City Council Agenda Packet
July 10, 2017
Boenig-Hartmann House.
Christopher Looney, Director of Planning and Community Development
Maps
Notification Map
Responses
Photographs of Subject Property
Article III, Section 66-54
Article III, Section 66-56
Excerpt from the April 11, 2017 Historic Landmark Commission
MInutes
Excerpt from the June 6, 2017 Planning Commission Meeting
Ordinance
D) Public hearing and consideration of the first reading of an ordinance
regarding the proposed rezoning of approximately 74 acres comprising
a 60.579 acre tract out of the A-20, A M Esnaurizar Survey, addressed
at 1584 and 1568 Weltner Road, and the 13.421 acre Countryville
Subdivision, from “APD” Agricultural/Pre-Development District and
“R-1A-6.6” Single-Family District to Weltner Farms Planned
Development District (WFPD).
Christopher J. Looney, Planning and Community Development Director
Aerial & RTP
Application
Planned Development Narrative
Zoning, Land Use & Future Land Use Maps
Notification, Map & Responses
Photograph of Subject Property
Sec. 3.5 Planned Development Districts
Draft Minutes for Planning Commisison 6-6-17
Ordinance
E) Public hearing on the draft 2017 Community Development Block Grant
One-Year Action Plan and Fair Housing Plan.
Martie Simpson, Finance Director
CDBG Public Hearing Presentation
PY2017 CDBG Applications and CDAC FUNDING
Recommendations
F) Discuss and consider approval of an ordinance of the City Council of
the City of New Braunfels, Texas authorizing the issuance of "City of
New Braunfels, Texas General Obligation Refunding Bonds, Series
2017", levying an annual Ad Valorem Tax, within the limitations
[4]
City Council Agenda Packet
July 10, 2017
prescribed by law, for the payment of the bonds, prescribing the form,
terms, conditions and resolving other matters incident and related to
the issuance, sale and delivery of the bonds; authorizing the execution
of a paying agent/registrar agreement , a purchase and investment
letter, and an escrow and trust agreement, complying with the letter of
representation on file with the depository trust company, authorizing
the execution of any necessary engagement agreements with the
City's financial advisors and/or bond counsel; and providing an
effective date.
Martie Simpson, Finance Director
New Braunfels Ordinance 2017 refunding
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 pending/contemplated litigation, settlement offer(s), and
matters concerning privileged and unprivileged client information
deemed 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:
· Alta Towers, LLC v. City of New Braunfels and City of New
Braunfels Zoning Board of Adjustment
· Carowest Land, Ltd. v. Yantis Company and the City of New
Braunfels, (2010, 2015, and 2017 cases)
· Yantis Company vs. City of New Braunfels, et. al. (2014 case)
· Stop the Ordinances Please, et. al. v. City of New Braunfels.
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:
· acquisition of land for city facilities
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).
6. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION
RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
CERTIFICATION
[5]
City Council Agenda Packet
July 10, 2017
I hereby certify the above Notice of Meeting was posted on the bulletin board at the New
Braunfels City Hall on July 5, 2017, at 3:00 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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