MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF SEPTEMBER 28, 2015 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on September 28, 2015, at 6:00 p.m. City Councilmembers present were: Mayor Barron Casteel, presiding; and Mayor Pro Tem Ron Reaves, and Councilmembers George Green, Aja Edwards, Chris Monceballez, Wayne Peters, and Leah A. García. City Staff present were: City Manager Robert Camareno, Assistant City Manager Kristi Aday, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Parks and Recreation Director Stacey Dicke, Athletics Program Supervisor Jason Miller, Grants Coordinator Michele Valadez, Human Resources Director Gary Wuest. Fire Marshall Patrick O Connell, Capital Programs Manager Bryan Woods, Public Works Director Steve Ramsey, City Engineer Garry Ford, Planning and Community Development Director Christopher Looney, and Police Chief Tom Wibert. The meeting was called to order by Mayor Barron Casteel in the New Braunfels Municipal Building City Council Chambers at 6:00 p.m. Councilmember Monceballez gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel proclaimed Carl Feltner, Frances Carter Barron Casteel, and Carol Bucky Warwick Smith as Living Legends of the City of New Braunfels. Mayor Casteel proclaimed October 8, 2015 through October 11, 2015 as Gruene Music & Wine Fest Weekend. Mayor Casteel proclaimed September 15, 2015 through October 15, 2015, as National Hispanic Heritage Month. PRESENTATION: Athletics Program Supervisor Jason Miller presented Nathan Beckman and Paislee Conder with the 2015 Local TAAF Athletes of the Year award for the City of New Braunfels, and the 2015 TAAF Region 3 Athletes of the Year award. 1. MINUTES Discuss and consider approval of the minutes of the regular meeting of September 14, 2015.
Councilmember García moved to approve the item. seconded the motion, which passed unanimously. Councilmember Peters 2. CITIZENS COMMUNICATIONS No one spoke during Citizens Communications. 3. CONSENT AGENDA Mayor Casteel read the Consent Agenda (Items A D). (A) Confirmation of the appointment of two individuals to the City of New Braunfels Civil Service Commission for terms ending August 10, 2016, and August 10, 2018. (B) (C) (D) Approval of a resolution authorizing the City Manager to enter into an Interlocal Agreement with Comal County to provide Household Hazardous Waste Collection events for the City of New Braunfels and Comal County. Approval of a purchase with TYMCO, Inc for a street sweeper for the Public Works Department under an H-GAC contract. Approval of budget transfers in the FY 2014-15 General Fund and Golf Course Fund Adopted Budget. Councilmember García moved to approve the Consent Agenda. Councilmember Monceballez seconded the motion, which passed unanimously. 4. INDIVIDUAL ITEMS FOR CONSIDERATION Councilmember Peters moved to first take up Item I on the Individual Items for Consideration. Mayor Pro Tem Reaves seconded the motion, which passed unanimously. (I) Discuss and consider approval of the grant application submission for the Community Good Neighbor Citizenship Company Grant to State Farm, with a focus on home safety and fire prevention, to be used for the acquisition of ADA compliant smoke detectors for hearing impaired citizens. Michele Valadez presented the item. Councilmember García moved to approve the item. Councilmember Edwards seconded the motion, which passed unanimously. (A) Discuss and consider approval of the appointment of one individual to the New Braunfels Utilities Board of Trustees for a term ending October 31, 2019.
Patrick Aten presented the item. Atanacio Nacho Campos was appointed, via unanimous consent, to the NBU Board of Trustees. (B) Discuss and consider approval of the appointment of four individuals to the New Braunfels Industrial Development Corporation Board of Directors for terms ending October 9, 2017. Patrick Aten presented the item. Councilmember Green moved to appoint Ashley Scott Davison, Stuart Hansmann, Jan Kennady, and Roy Neal Linnartz to the New Braunfels Industrial Development Corporation Board of Directors. Mayor Pro Tem Reaves seconded the motion, which passed unanimously. (C) Discuss and consider approval of the appointment of two individuals to the Parks and Recreation Advisory Board for terms ending October 13, 2018. Patrick Aten presented the item. Councilmember Peters moved to appoint Cynthia Foster and Don Wehring to the New Braunfels Parks and Recreation Advisory Board for terms ending October 13, 2018. Councilmember García seconded the motion, which passed unanimously. (D) Discuss and consider approval of the second and final reading of an ordinance establishing the number of positions in each classification in the New Braunfels Police and Fire Departments pursuant to Local Government Code Chapter 143 as part of the annual budget process. Gary Wuest presented the item. Councilmember Edwards moved to approve the item. Councilmember Peters seconded the motion. The motion passed 6 to 1, via roll call vote, with Councilmember Green opposed. (E) Discuss and consider approval of the first reading of an ordinance amending Section 54-91 Violations declared nuisances: extraterritorial application, of the Code of Ordinances, by deleting all references to the
sale of fireworks in the extraterritorial jurisdiction of the City of New Braunfels. Patrick O Connell presented the item. Councilmember García moved to approve the item. Councilmember Edwards seconded the motion, which passed unanimously. (F) Discuss and consider approval of a contract with Austin Materials, LLC dba Ramming Paving Company for road construction work. Bryan Woods and Steve Ramsey presented the item. EXECUTIVE SESSION 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. (C) 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. The City Council convened into Executive Session from 7:06 p.m. 7:25 p.m. No action was taken. In open session, the City Council resumed discussion on Item F. Greg Mims, John Durham, Nancy Wofford, and Richard Zapata spoke regarding the item. Councilmember Green moved to approve the item. Mayor Pro Tem Reaves seconded the motion. The motion passed 5 to 2, with Councilmembers Peters and García opposed. (G) Public hearing and first reading of an ordinance regarding a proposed Type 2 Special Use Permit to allow the short term rental of a house in the "C-2" Central Business District on Lots I and P, City Block 5086, addressed at 556 N. Union Avenue. Christopher Looney presented the item.
John Seidel and Richard Zapata spoke during the public hearing. Councilmember Green moved to approve the item with staff recommendations. Councilmember Edwards seconded the motion. The motion failed 5 to 2, with Mayor Casteel and Councilmember García opposed. Pursuant to Texas Local Government Code Section 211.006(d) and (e), this item required a super majority, in which the item must receive at least six affirmative votes for passage. (H) Discuss and consider a permanent appeal of the Non-Residential and Multifamily Design Standards, Articulation and Exterior Building Materials requirements for two modular classroom buildings located at 2240 FM 725. Christopher Looney presented the item. Pete Marsh spoke regarding the item. Councilmember Peters moved to approve the item with staff recommendations that the applicant adhere to Section 5.22-3(e) landscaping for metal industrial buildings, which will require landscaping of certain numbers and types of trees and shrubs along three sides of the modular building, and that the applicant landscape the north side of the main church building. Councilmember Edwards seconded the motion, which passed unanimously. (J) Discuss and consider approval of the second and final reading of an ordinance regulating the use of golf carts, neighborhood vehicles, and other types of recreational off-highway vehicles on certain streets. Valeria Acevedo, Tom Wibert, and Garry Ford presented the item. Mayor Pro Tem Reaves moved to approve the item. Edwards seconded the motion. Councilmember Councilmember Monceballez moved to amend the original motion by amending Section 126.477(c) to read: A golf cart cannot drive across intersections that are prohibited, or where the speed limit of the cross street is greater than 35 mph, even if the intersection has a traffic control device. Mayor Casteel seconded the motion. After some discussion, Councilmember Monceballez withdrew his motion, and Mayor Casteel withdrew his second. Kim Dunbar spoke regarding the amendment. Mayor Casteel moved to amend the original motion by amending Section 126.477(c) to read: A golf cart may not drive across the intersections where
the street has a posted speed limit of more than 35 mph, including those streets that have been listed as a prohibited street by staff. Councilmember Monceballez seconded the motion. The motion to amend passed 4 to 3, with Councilmembers Green, Edwards, and Mayor Pro Tem Reaves opposed. Mayor Casteel moved to amend the original motion by striking Section 126.478(b), and prohibiting golf carts from being operated during nighttime based on the definition of nighttime hours. Councilmember Peters seconded the motion. The motion to amend passed 5 to 2, with Mayor Pro Tem Reaves and Councilmember Edwards opposed. Richard Zapata, Bob Harpster, and Kim Dunbar spoke regarding the amendment. No final action was taken on the original motion; however, Councilmember Green moved to postpone the item to the October 12, 2015, Regular City Council Meeting. Councilmember Edwards seconded the motion. The motion passed 5 to 2, with Mayor Pro Tem Reaves and Councilmember Monceballez opposed. <City Council took a break.> (K) Discuss and consider approval of a Master Plan for Market Plaza Park for the purposes of guiding future park development. Stacey Dicke introduced the item. Councilmember Monceballez moved to approve the item. Councilmember Peters seconded the motion, which passed unanimously. (L) Discuss and consider approval of the renewal of an Industrial District Agreement with Lhoist North America of Texas, Ltd., a Texas limited partnership, as successor-in-interest to Chemical Lime, Ltd., a Texas limited partnership. Robert Camareno presented the item. Councilmember Green moved to approve the item. Councilmember Peters seconded the motion, which passed unanimously.
(M) Discuss and consider approval of the first reading of an ordinance amending Sections 130-223 130-224 of the Code of Ordinances regarding the Drought Management Plan. New Braunfels Utilities Executive Director of External Affairs Roger Biggers, P.E., presented the item. Councilmember Edwards moved to approve the item. Green seconded the motion, which passed unanimously. Councilmember (N) Discuss and consider approval of the cancellation of the December 28, 2015 Regular City Council meeting and the possible rescheduling or cancellation of the March 14, 2016 Regular City Council meeting. Kristi Aday presented the item. Councilmember Peters moved to cancel the December 28, 2015, Regular City Council meeting, and postpone the March 14, 2016, Regular City Council meeting to a date to be determined. Councilmember Green 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. Mayor Casteel read the following captions: (A) Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section 551.072, of the Texas Government Code. (B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (C) 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. The City Council recessed into Executive Session from 9:33 p.m. 10:44 p.m. No action was taken. Adjournment: This regular meeting adjourned at 10:44 p.m.
Date Approved: October 12, 2015 By: BARRON CASTEEL, MAYOR Attest: PATRICK D. ATEN, CITY SECRETARY