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City Council

Regular Meeting

New Braunfels, TX · July 10, 2017

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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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