City Council

MINUTES OF THE NEW BRUANFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JUNE 13, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on June 13, 2016, at 6:00 p.m. City Councilmembers present were: Present: 6 - Councilmember Ron Reaves, Councilmember George Green, Councilmember Justin Meadows, Councilmember Chris Monceballez, Mayor Pro Tem Wayne Peters, and Councilmember Leah García Absent: 1 - Mayor Barron Casteel 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, Finance Director Martie Simpson, Assistant Finance Director Jared Werner, Financial Analyst Greg Gutierrez, Information Technology Director Travis Cochrane, Geographic Information Systems Manager Greg Brown, Airport Director Lenny Llerena, Planning and Community Development Director Christopher Looney, Planner Matt Greene, Capital Programs Manager Bryan Woods, Development Coordinator Jeff Jewell, Public Works Director Greg Malatek, Solid Waste Manager Mike Mundell, and Recycling Coordinator Catelyn Scholwinski. The meeting was called to order by Mayor Pro Tem Peters in the New Braunfels Municipal Building City Council Chambers at 6:00 p.m. Councilmember Garcia gave the invocation; and Mayor Pro Tem Peters led the Pledge of Allegiance and the Salute to the Texas Flag. 1. MINUTES Discuss and consider approval of the minutes of the regular meeting of May 23, 2016, and the special meeting of May 27, 2016. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Green, seconded by Councilmember García, that this item be approved. The motion passed via the following vote: Monday, June 13, 2016 New Braunfels City Council Regular Meeting  In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García 2. CITIZENS' COMMUNICATIONS Bill Norvell spoke regarding an incident on the river, and commended the Police Department on their handling of the situation. Jay Harmon spoke regarding flooding issues in New Braunfels affecting Lake Dunlap. Leo Scherrer spoke regarding issues with transitional housing residents. 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. A) Approval of a resolution to accept grant funds in the amount of $150,001 for engineering, design and reconstruction costs of taxilane from the Texas Department of Transportation - Aviation Division and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant, and the appropriate budget amendment. B) Approval of an interlocal agreement with the Public Employee Benefits Alliance (PEBA) to allow use of their competitive bid contracts for healthcare and related benefit products. C) Approval of an annual contract for the purchase of green waste bags from Safeway Supply, Inc. for the Public Works department. D) Approval of a purchase with ICOR Technology, Inc. for a Mini-CALIBER robot for the Police Department under the FY 2014-15 Homeland Security Grant Program. E) Approval of purchases with Dell for technology equipment and supplies through the State of Texas Department of Information Resources (DIR) Contract. Monday, June 13, 2016 New Braunfels City Council Regular Meeting  G) Approval of the second and final reading of an ordinance rezoning approximately 1.0 acre out of the A-608 J Thompson Survey 21, located in the 2300 block of IH-35 South, from “R-2” Single-family and Two-family District to “C-1B” General Business District. Approval of the Consent Agenda Mayor Pro Tem Peters read the Consent Agenda, except for items F and H, which were pulled for further discussion. A motion was made by Councilmember Green, seconded by Councilmember García, to approve the Consent Agenda. The motion passed by the following roll call vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García F) Approval of a budget transfer in the FY 2015-16 Juvenile Case Manager Fund. Jared Werner presented the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Garcia, seconded by Councilmember Green, that this item be approved. After further discussion, Councilmember Garcia withdrew her motion to approve the item, and Councilmember Green withdrew his second. A motion was made by Councilmember García, seconded by Councilmember Reaves, that this item be postponed to the June 27, 2016 City Council meeting. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García H) Approval of the second and final reading of an ordinance regarding a proposed Type 2 Special Use Permit to allow a mini-warehouse/self storage facility, office space for lease and retail sales of storage related supplies on approximately 5.68 acres consisting of Lots 5A and 5B, Country Meadows Subdivision in the “C-1B” General Business Monday, June 13, 2016 New Braunfels City Council Regular Meeting  District, addressed at 2416 and 2432 FM 725. Christopher Looney presented the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Meadows, seconded by Councilmember Reaves, that this item be approved with the condition that would allow for a wood fence adjacent to Dove Crossing should a majority of adjacent property owners agree to installing a fence. The motion passed via the following roll call vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider approval of a resolution and submission of a grant application to the Texas Water Development Board (TWDB) for up to $181,500 through the Flood Protection Grant Program to be used for the creation of a Flood Prevention Geospatial Solution Project and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant, if awarded. Travis Cochrane and Greg Brown presented the item. Rick Myrick spoke regarding the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Monceballez, seconded by Councilmember García, that this item be approved. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García B) Presentation, discussion and possible direction to staff regarding the City’s pilot program for commercial recycling. Mike Mundell presented the item. Monday, June 13, 2016 New Braunfels City Council Regular Meeting  Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Reaves, seconded by Councilmember Monceballez, that this item be approved with Option A - discontinue the City's pilot program for commercial recycling. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García C) Public hearing and consideration of the first reading of ordinances on approximately 10.06 acres, Lot 6, Country Meadows Subdivision, addressed at 2464 FM 725, for: a) rezoning the property from “R-1” Single-Family District and “APD” Agricultural/Pre-Development District to “C-1B” General Business District; b) a Type 2 Special Use Permit to allow an outdoor wedding/special event venue; and, c) a Type 1 Special Use Permit that allows the short term rental of the existing single family residence. Christopher Looney presented the item. Teresa Gomez, Kendra Wray, Emmitt Vaughn, Michelle Nixon, Stephanie Walshak, and Mike Smithers spoke during the public hearing. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Meadows, seconded by Councilmember Green, that this item be postponed to the June 27, 2016 City Council meeting. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García <City Council took a break.> D) Public hearing and consideration of the first reading of an ordinance regarding a Type 2 Special Use Permit to allow multifamily to be developed on approximately 1.58 acres, addressed at 274 E. Garza Street, in the “C-1A” Neighborhood Business District. Monday, June 13, 2016 New Braunfels City Council Regular Meeting  The applicant has officially amended their request for the Special Use Permit to allow for one single family residence on the property. Christopher Looney presented the item. No one spoke during the public hearing. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Monceballez, seconded by Councilmember García, that this item be approved as amended by the applicant. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García E) Discuss and consider approval of a Conditional Sign Permit in the “M-1A” Light Industrial District addressed at 1747 FM 1101. Christopher Looney presented the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember García, seconded by Councilmember Meadows, that this item be approved. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García F) Presentation and discussion regarding the FY 2015-16 second quarter financial report. Jared Werner presented the item. No action was taken. G) Presentation, discussion and approval of the City of New Braunfels FY 2015-16 Second Quarter Investment Report Martie Simpson presented the item. Monday, June 13, 2016 New Braunfels City Council Regular Meeting  Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Reaves, seconded by Councilmember Green, that this item be approved. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García H) 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 and Refunding Bonds, Series 2016", 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, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement , a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the City Council and city staff to approve and execute certain documents relating to the sale of the bonds; 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 presented the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember Reaves, seconded by Councilmember García, that this item be approved. The motion passed via the following roll call vote: In Favor: Councilmember Reaves, Councilmember Green, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García I) Discuss and consider approval of a contract with the law firm of Terrill & Waldrop for legal services in Carowest Land, Ltd. v. Yantis Company and the City of New Braunfels 2010 lawsuit. Monday, June 13, 2016 New Braunfels City Council Regular Meeting  Valeria Acevedo presented the item. Mayor Pro Tem Peters read the aforementioned caption. A motion was made by Councilmember García, seconded by Councilmember Monceballez, that this item be approved. The motion passed via the following vote: In Favor: Councilmember Reaves, Councilmember Meadows, Councilmember Monceballez, Mayor Pro Tem Peters, and Councilmember García Opposed: Councilmember Green 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 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: · Property related to downtown development · Property acquisitions for economic development Project Hill City Council convened into Executive Session from 9:03 p.m. - 9:37 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 9:37 p.m. No vote or action was taken. This regular meeting adjourned at 9:37 p.m. Date Approved: June 27, 2016 By: ______________________________ BARRON CASTEEL, MAYOR Monday, June 13, 2016 New Braunfels City Council Regular Meeting Attest: ______________________________ PATRICK D. ATEN, CITY SECRETARY Monday, June 13, 2016 New Braunfels City Council Regular Meeting