MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF OCTOBER 12, 2015 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on October 12, 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, Library Director Gretchen Pruett, Planning and Community Development Director Christopher Looney, Planning Manager Stacy Snell, Planner Matt Greene, Planner Benjamin Campbell, Senior Planner Holly Mullins, Planning Technician Matt Johnson, Development Coordinator Jeff Jewell, City Engineer Garry Ford, Police Chief Tom Wibert, Capital Programs Manager Bryan Woods, and Parks and Recreation Director Stacey Dicke. The meeting was called to order by Mayor Barron Casteel in the New Braunfels Municipal Building City Council Chambers at 6:07 p.m. Councilmember Peters gave the invocation; and Mayor Casteel led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS:
Mayor Casteel proclaimed October 18 – 24, 2015, as Friends of the Library Week. Mayor Casteel proclaimed the month of October 2015 as Community Planning Month. Mayor Casteel proclaimed the month of October 2015 as Domestic Violence Awareness Month. Mayor Casteel proclaimed the week of October 19 – 23, 2015, as Chamber of Commerce Week.
1.
MINUTES Mayor Casteel read the following caption: Discuss and consider approval of the minutes of the special and regular meetings of October 12, 2015. Councilmember Peters moved to approve the minutes as corrected. Mayor Pro Tem Reaves seconded the motion, which passed unanimously.
October 12, 2015 New Braunfels City Council Regular Meeting
2.
CITIZENS’ COMMUNICATIONS No one spoke during Citizens’ Communications.
3.
CONSENT AGENDA Mayor Casteel read the Consent Agenda (Items A – M), except item B, which was pulled for further discussion via citizen request. (A) Approval of the renewal of a contract with the Landa Park Miniature Railroad for train concessions in Landa Park. (C)
Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide up to $50,000 to the City of New Braunfels for a project to extend the County Line Memorial Trail.
(D)
Approval of a contract with Landscape Commander, LLC for landscape services on undeveloped flood properties, roadways and medians for the Parks and Recreation Department.
(E)
Approval to purchase from state contracts and cooperative agreements for Fiscal Year 2015-16.
(F)
Approval of the purchase of a dump truck for the Public Works Department from Freightliner of Austin through a Buyboard Cooperative contract, and declare the replacement unit as surplus.
(G)
Approval of a purchase from Ewald Kubota for a tractor and shredder for the Public Works Department.
(H)
Approval of the purchase of refuse and recycling containers from Toter, Inc. through the National Intergovernmental Purchasing Alliance contract for the Solid Waste Division and declaring the old carts surplus.
(I)
Approval of the purchase of commercial refuse containers from Wastequip through the Houston Galveston Area Council (HGAC) contract for the Solid Waste Division and declaring the old containers surplus.
(J)
Approval of the purchase of large truck and equipment tires from Hesselbein Tire Southwest based on best value and recap service from Wingfoot Commercial Tire Systems, LLC through the Texas Multiple Award Schedule (TXMAS) contract.
(K)
Approval of budget transfers in the FY 2014-15 General Fund Adopted Budget.
(L)
Approval of the second and final reading of an ordinance amending Section 54-91 – Violations declared nuisances: extraterritorial application, of the
October 12, 2015 New Braunfels City Council Regular Meeting
Code of Ordinances, by deleting all references to the sale of fireworks in the extraterritorial jurisdiction of the City of New Braunfels. (M)
Approval of the second and final reading of an ordinance amending Sections 130-223 130-224 of the Code of Ordinances regarding the Drought Management Plan. Councilmember Edwards moved to approve the Consent Agenda. Councilmember Monceballez seconded the motion, which passed unanimously via roll call vote.
Mayor Casteel read the following caption: (B) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide up to $109,157 to the Center for Entrepreneurship for operation of the Small Business Development Center in 2015-2016. Jeff Jewell presented the item. Councilmember Peters moved to approve the item. García seconded the motion, which passed unanimously. 4.
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INDIVIDUAL ITEMS FOR CONSIDERATION Mayor Casteel read the following caption: (A) Discuss and consider possible direction regarding a veterans’ memorial. Councilmember García presented the item. R.S. Rayfield and Joan Moss spoke regarding the item. No action was taken; however, Councilmembers Monceballez and García will work with various organizations regarding the development and construction of a veterans’ memorial. Mayor Casteel read the following caption: (B) Discuss and consider approval of the first reading of an ordinance amending Ordinance 75-10 of the Code of Ordinances to install stop signs in the Oak Creek, Quail Valley, and Stone Gate Subdivisions. Garry Ford presented the item. Councilmember Edwards moved to approve the item. Peters seconded the motion, which passed unanimously. Mayor Casteel read the following caption:
October 12, 2015 New Braunfels City Council Regular Meeting
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(C)
Discuss and consider approval of the establishment of the right-of-way width of 120 feet for FM 725, identified as a Principal Arterial in the City of New Braunfels Regional Transportation Plan, from County Line Road to IH 35. Garry Ford presented the item. Councilmember Edwards moved to approve the item. Councilmember Monceballez seconded the motion, which passed unanimously.
Mayor Casteel read the following caption: (D) Discuss and consider approval of the first reading of an ordinance to remove the through truck restriction on Rueckle Road between IH 35 and Morningside Drive. Garry Ford presented the item. Councilmember Green moved to postpone the item. The motion failed for lack of a second. Richard Zapata spoke regarding the item. Councilmember Green moved to approve the item. Councilmember García seconded the motion. After some discussion, Councilmember Green withdrew his motion; and Councilmember García withdrew her second. Richard Zapata spoke regarding the item. Councilmember Peters moved to approve the item. Councilmember García seconded the motion. The motion passed 4 – 3, with Mayor Pro Tem Reaves, and Councilmembers Green and Edwards opposed. Mayor Casteel read the following caption: (E) Discuss and consider approval of the first reading of an ordinance amending Section 118-51 (e) (2) of the Code of Ordinances to prohibit drainage easements crossing lots and property lines in one- and two-family subdivisions. Garry Ford presented the item. Councilmember Monceballez moved to approve the item. Councilmember Edwards seconded the motion, which passed unanimously. Mayor Casteel read the following caption:
October 12, 2015 New Braunfels City Council Regular Meeting
(F)
Discuss and consider approval of a Conditional Sign Permit in the "M1Ar60" Light Industrial District, located within the Creekside Town Center and addressed at 225 Creekside Way. Christopher Looney presented the item. Vanessa Dacy spoke regarding the item. No motion to approve the item was made, therefore the item failed.
Mayor Casteel read the following caption: (G) Public hearing and approval of the first reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.31 Landscaping, Tree Preservation, Public Trees and Screening. Christopher Looney presented the item. No one spoke during the public hearing. Councilmember Peters moved to approve the item with the recommendation that staff clarify the term “clustering” so that it prevents the grouping of all required trees in one location. Councilmember Edwards seconded the motion, which passed unanimously. Mayor Casteel read the following caption: (H) Public hearing and approval of the first reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.31 Landscaping, Tree Preservation, Public Trees and Screening; and Section 5.3-2 Fences and Walls. Christopher Looney presented the item. No one spoke during the public hearing. Councilmember Green moved to approve the item with the recommendations that staff include language that requires the commercial property owner to be responsible for the maintenance of the fence; and that the property owner has the ability to object to the construction of a fence. Councilmember Peters seconded the motion, which passed unanimously. Mayor Casteel read the following caption: (I) 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.
October 12, 2015 New Braunfels City Council Regular Meeting
Valeria Acevedo presented the item. Richard Zapata and Tim Cornell spoke regarding the item. Mayor Pro Tem Reaves moved to approve the item. Councilmember Monceballez seconded the motion. The motion passed 4 – 3 via roll call vote, with Mayor Casteel, and Councilmembers Green and García opposed. Mayor Casteel read the following caption: (J) Discuss and consider acceptance of a recommendation from the Ethics Commission regarding revisions to the procedures for ethics complaints. Valeria Acevedo presented the item. Councilmember García moved to approve the recommendations with the addition of inserting “calendar” in front of “days,” and with the addition to Section 2-8(i)(4) of the option to provide copies to commission members by certified mail or electronic mail. Mayor Pro Tem Reaves seconded the motion, which passed unanimously. Mayor Casteel read the following caption: (K) Discuss and consider approval of the Guaranteed Maximum Price with Guido Construction for the interior demolition at the New City Hall building and authority for the City Manager to approve any changes up to the three percent owner’s contingency. Bryan Woods presented the item. Councilmember Edwards moved to approve the item. Mayor Pro Tem Reaves seconded the motion, which passed unanimously. Mayor Casteel read the following caption: (L) Discuss and consider approval of an interlocal agreement with New Braunfels Independent School District regarding shared cost of construction and operation of a municipal eight-lane swimming pool in the new community recreation center and terms of availability for District use for student swim practices, meets, aquatic events and competitions. Robert Camareno presented the item. Councilmember Edwards moved to approve the item. Green seconded the motion, which passed unanimously.
October 12, 2015 New Braunfels City Council Regular Meeting
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Councilmember Peters moved to reconsider Individual Item 4I. Councilmember Green seconded the motion. The motion passed 4 – 3, with Mayor Pro Tem Reaves, and Councilmembers Edwards and Monceballez opposed. Mayor Casteel read the following caption: (I) 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. Mayor Pro Tem Reaves moved to amend the item by re-inserting the twomile driving distance limitation. Councilmember Edwards seconded the motion to amend. The motion passed 5 – 2, with Councilmembers Green and García opposed. Councilmember Peters moved to amend the item by applying safety standards and provisions as defined, to all golf carts regardless if they are operating under state law or municipal ordinance. Councilmember Edwards seconded the motion to amend. The motion passed 4 – 3, with Mayor Pro Tem Reaves, and Councilmembers Green and García opposed. Councilmember Peters moved to approve the item as amended. Councilmember Edwards seconded the motion. The amended item passed 5 – 2 via roll call vote, with Councilmembers Green and García opposed. 5.
EXECUTIVE SESSIONS Mayor Casteel read the following: 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 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.
(D)
Deliberate the appointment, employment, evaluation, reassignment, or duties of employee(s), City Manager, City Attorney, and/or Municipal Court Judge in accordance with Section 551.074, of the Texas Government Code.
The City Council recessed into Executive Session from 9:57 p.m. – 10:53 p.m.
October 12, 2015 New Braunfels City Council Regular Meeting
No action was taken. Adjournment: This regular meeting adjourned at 10:53 p.m.
Date Approved: October 26, 2015
By: BARRON CASTEEL, MAYOR
Attest:
PATRICK D. ATEN, CITY SECRETARY
October 12, 2015 New Braunfels City Council Regular Meeting
