City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, DECEMBER 9, 2019 The City Council of the City of New Braunfels, Texas, met in a Regular Session on December 9, 2019, at 6:00 p.m. City Councilmembers present were: Present: 6 - Mayor Rusty Brockman, Councilmember Shane Hines, Mayor Pro Tem Justin Meadows, Councilmember Harry Bowers, Councilmember Matthew E. Hoyt, and Councilmember Jason Hurta Absent: 1 - Councilmember James E. Blakey The meeting was called to order by Mayor Casteel in the New Braunfels City Hall Council Chambers at 6:02 p.m. Councilmember Meadows gave the invocation and Mayor Pro Tem Peters led the Pledge of Allegiance and Salute to the Texas Flag. PRESENTATIONS: A) Annual Economic Benchmarks Mayor Pro Tem Peters read the aforementioned caption. Michael Meek presented the item. B) San Antonio Street Bridge over the Comal River project update Mayor Pro Tem Peters read the aforementioned caption. Greg Malatek presented the item. C) Improvements to the Landa Park Drive Bridge at the Mill Pond. Mayor Pro Tem Peters read the aforementioned caption. Greg Malatek presented the item. D) Update on the status of Capital Projects included in the 2013 and 2019 Bond Programs. Mayor Pro Tem Peters read the aforementioned caption. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  Jennifer Cain presented the item. E) Roadway Impact Fee Program Collected Fees. Mayor Pro Tem Peters read the aforementioned caption. Garry Ford presented the item. 1. MINUTES A) Discuss and consider approval of the minutes of the regular City Council meeting of November 25, 2019. Mayor Casteel read the aforementioned caption. Councilmember Hines moved to approve the item. Councilmember Hoyt seconded the motion which passed unanimously. 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. Mayor Casteel read the aforementioned caption. No one spoke. 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 the cancellation of the second regular City Council meeting of December. B) Approval of a budget amendment within the FY 2018-19 Airport Fund, Solid Waste Fund, and Enterprise Equipment Replacement Fund as well as a budget amendment in the FY 2019-20 PEG Fund. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  C) Approval of a resolution and the submission of two grant applications to the Alamo Area Council of Governments (AACOG) FY 2020-21 Regional Solid Waste Grants Program and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant, if awarded. D) Approval for the submission of the Community Development Block Grant Program’s Consolidated Annual Performance and Evaluation Report for Program Year 2018 to the U.S. Department of Housing and Urban Development. E) Approval of contracts associated with the Edwards Aquifer Habitat Conservation Plan program. Authorize the City Manager to execute contracts for Old Channel Aquatic Vegetation Restoration, Comal River/ Landa Lake Aquatic Vegetation Restoration, Dissolved Oxygen Management, Gill Parasite Control and Riparian Restoration with BIO-WEST, Inc; Non-Native Animal Species Control with Atlas Environmental; Riparian Restoration with EBR Enterprises; Riparian Restoration with Environmental Survey Consulting. F) Approval of an Interlocal Agreement between the City of New Braunfels and New Braunfels Housing Authority for legal, financial, human resources, and administrative services, as needed. G) Approval of a temporary road closure for the annual Dr. Martin Luther King, Jr. march to be held on January 20, 2020 in Downtown New Braunfels. H) Approval of a purchase from Restroom Facilities Ltd and a contract for site ancillary support with D & M Owens for a prefabricated restroom facility at Hinman Island Park and for the City Manager to approve contract change orders for a project cost not to exceed $250,000. I) Approval to authorize the City Manager to enter into a development agreement with Casina Creek Homes, LLC for the construction of Hanz Drive between River Terrace and Loop 337/State Highway 46. J) Approval to renew and amend the Interlocal Agreement with the Alamo Area Council of Governments for demand response transit services, authorizing the City Manager to execute all contract documents associated with this agreement, and approval of an expenditure in the amount of $489,380. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  K) Approval of a resolution setting a public hearing to be held during the City Council Meeting on Monday, January 27, 2020, to consider amendments to the New Braunfels Roadway Impact Fees land use assumptions, capital improvements program and impact fee policy. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) L) Approval of the second and final reading of an ordinance regarding a proposed amendment to Ordinance Number 2014-10 to allow the short-term rental of a single family dwelling in the “C-2” Central Business District, the main house on Lot 1, City Block 4001, addressed at 487 West San Antonio Street and known as the Karbach House, instead of the previously approved bed and breakfast on the whole 0.856 of an acre described as City Block 4001, Lots 1 and 6, in the “C-2” Central Business District and the “SND-1” Special Neighborhood District. M) Approval of the second and final reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit to allow the short-term rental of two single-family dwellings in the “APD” Agricultural/Pre-Development District, addressed at 1447 FM 306. N) Approval of the second and final reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 126, Traffic and Vehicles, Section 126-41, Temporary Closing of Streets, adding and amending Sections 126-396 through 126-416 related to Downtown New Braunfels special events and street closures. P) Approval of the second and final reading of an ordinance designating a geographic area within the City of New Braunfels as a reinvestment zone for tax increment financing purposes pursuant to Chapter 311 of the Texas Tax Code to be known as Tax Increment Reinvestment Zone Number Two (2), City of New Braunfels; describing the property parcels included in the zone; creating a board of directors for the zone; establishing a tax increment fund for the zone; containing findings and provisions related to the creation of the zone; providing a date for the termination of the zone; providing that the zone take effect immediately upon passage of the ordinance; providing a severability clause; providing for publication; and declaring an effective date. Mayor Casteel read the aforementioned captions, except item O. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  Councilmember Bowers moved to approve the Consent Agenda. Councilmember Meadows seconded the motion which passed unanimously via roll call vote. O) Approval of the second and final reading of an ordinance amending the City’s Code of Ordinances, Chapter 118, the Platting Ordinance, to implement HB 3167, streamline platting processes, and make other related minor edits and corrections. Mayor Casteel read the aforementioned caption. Chris Looney presented the item. Councilmember Hines moved to approve the item. Councilmember Bowers seconded the motion which passed unanimously via roll call vote. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a resolution recommended by the New Braunfels Economic Development Corporation to provide project incentives not to exceed $5,500,000 for infrastructure, land acquisition and related sewer improvements and other incentives to Continental Automotive Systems, Inc. for a project found to promote or develop new or expanded business enterprises that create or retain primary jobs. Mayor Casteel read the aforementioned caption. Jordan Matney presented the item. Councilmember Hines moved to approve the item. Councilmember Bowers seconded the motion which passed unanimously. B) Discuss and consider approval of a Chapter 380 Economic Development Agreement between the City of New Braunfels and Continental Automotive Systems. Mayor Casteel read the aforementioned caption. Jordan Matney presented the item. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  Mayor Pro Tem Peters moved to approve the item. Councilmember Meadows seconded the motion which passed unanimously. C) Discuss and consider approval of temporary road closures for the fifth annual Dia de los Muertos Festival to be held on October 24, 2020 in Downtown New Braunfels. Mayor Casteel read the aforementioned caption. Amy McWhorter presented the item. Councilmember Hines moved to approve the item. Mayor Pro Tem Peters seconded the motion which passed unanimously. D) Discuss and consider approval of the first reading of an ordinance amending the Code of Ordinances, Chapter 78 - Library, Article III - Fees, Fines and Borrower Eligibility, Section 78-33 which establishes the fines on overdue materials, and removal of language in Section 78-32 - -lost library card fee, Section 78-34 - processing fees, to reflect current Library policies and procedures Mayor Casteel read the aforementioned caption. Gretchen Pruett presented the item. Councilmember Bowers moved to approve the item. Mayor Pro Tem Peters seconded the motion which passed unanimously. E) Discuss and consider a request for a conditional sign permit to allow a proposed multi-tenant sign to exceed the adopted height and sign area standards, for a commercial development addressed at 1528 East Common Street. Mayor Casteel read the aforementioned caption. Stacy Snell presented the item. Charles Martins spoke on the item. Councilmember Meadows moved to deny the item. Mayor Pro Tem Peters seonded the motion, but the motion was withdran as the applicant consented to postponing the item to a later date. Monday, December 9, 2019 New Braunfels City Council Regular Meeting  Councilmember Hines moved to postpone the item to January 13, 2020. Councilmember Bowers seconded the motion which passed unanimously. F) Public hearing and consideration of the proposed Veramendi Sector Plan 3, within the Comal County Water Improvement District #1, encompassing approximately 188 acres out of the Juan Martin de Veramendi Survey No.2, Abstract 3, including property north and east of Geneva Street. Mayor Casteel read the aforementioned caption. Chris Looney presented the item. No one spoke during the public hearing. Councilmember Bowers moved to approve the item. Councilmember Hines seconded the motion which passed unanimously. G) Public hearing and consideration of proposed amendments to the City of New Braunfels Code of Ordinances, Chapter 106, Signs, regarding allowed sizes of electronic message signs, and calculation methods for monument sign sizes. Mayor Casteel read the aforementioned caption. Chris Looney presented the item. No one spoke during the public hearing. Mayor Pro Tem Peters moved to approve the item. Councilmember Hines seconded the motion which passed unanimously. 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. The City Council did not have an Executive Session. Monday, December 9, 2019 New Braunfels City Council Regular Meeting 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. 7. ADJOURNMENT The meeting adjourned at 8:12 p.m. Date Approved: January 13, 2020 ________________________ Barron Casteel, Mayor Attest: ________________________ Patrick Aten, City Secretary Monday, December 9, 2019 New Braunfels City Council Regular Meeting