City Council

MINUTES OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, DECEMBER 12, 2016 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on December 12, 2016, 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, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Assistant City Secretary Andrea Cunningham, Police Chief Tom Wibert, Solid Waste Manager Mike Mundell, City Engineer Garry Ford, Parks and Recreation Director Stacey Dicke, Planning and Community Development Director Christopher Looney, Planner Matthew Simmont, Finance Director Martie Simpson, and Assistant Finance Director Jared Werner. The meeting was called to order by Mayor Casteel in the New Braunfels City Hall Council Chambers at 6:00 p.m. Mayor Casteel gave the invocation, and led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: Mayor Casteel honored Sheriff Robert Holder for his service, partnership, and dedication to the community. Mayor Casteel recognized and congratulated the Comal County Crime Stoppers on their 30 Year Anniversary. Mayor Casteel recognized the student, parent, and teacher volunteers of the New Braunfels Christian Academy for work in beautifying community parks. PRESENTATIONS: Greater New Braunfels Chamber of Commerce President and CEO Michael Meek presented the Annual Report on Economic Development. Mike Mundell presented on Solid Waste and Recycling Rates. Monday, December 12, 2016 New Braunfels City Council Regular Meeting  Christopher Looney presented and update on the Comprehensive Plan. A motion was made by Councilmember Green, seconded by Councilmember García, that the tagline and logo be approved as presented. The motion passed unanimously. 1. MINUTES A) Discuss and consider approval of the minutes of the special and regular City Council meetings of November 28, 2016. Mayor Casteel read the aforementioned caption. A motion was made by Councilmember Green, seconded by Mayor Pro Tem Peters, that this item be approved. The motion passed unanimously. 2. CITIZENS' COMMUNICATIONS No one spoke during Citizens' Communications. 3. CONSENT AGENDA A) Approval of the cancellation of the December 26, 2016 Regular City Council meeting. B) Approval of a purchase from Dell Technologies for public safety mobile data terminals through a State of Texas Department of Information Resources (DIR) contract C) Approval of a resolution authorizing the City Manager to enter into an Agreement with Richard J. Leidl, P.C. for federal legislative services on behalf of the City of New Braunfels. D) Approval of multiple vehicles to be declared as surplus prior to being sold at auction and to area law enforcement agencies, as applicable. E) Approval of the annual contract renewal with Texas Municipal League for Liability/Property and Workers Compensation insurance coverage. F) Approval of the renewal of annual contracts for the following services: ambulance billing and related professional services, traffic signal maintenance, and household hazardous waste services. G) Approval of a resolution supporting fair and equitable distribution of the Monday, December 12, 2016 New Braunfels City Council Regular Meeting  sporting goods sales tax revenue for local and state parks. H) Approval of contracts and contract renewals associated with the Edwards Aquifer Habitat Conservation Plan (EAHCP) program. Authorize the City Manager to execute contracts and contract modifications for the following EAHCP projects: Old Channel Restoration, Aquatic Vegetation Restoration, Gill Parasite Control and Riparian Restoration (Riffle Beetle) with BIO-WEST, Inc.; Non-native Animal Species Control with SWCA; and Riparian Restoration (Old Channel) with EBR Enterprises. J) Approval of the first reading of an ordinance amending Ordinance 75-10 of the City of New Braunfels Code of Ordinances to install traffic control devices in the Braunfels East Drive neighborhood, in the Broadway Estates subdivision, on Eastman Avenue at Kingbird Place, on Olympic Drive at Mission Valley Road, and on Marigold Way. K) Approval of the first reading of an ordinance amending Section 126-136 (e) of the City of New Braunfels Code of Ordinances to add a school speed zone on Escarpment Oak from the intersection with Goodwin Lane southeasterly for a distance of 80 feet adjacent to Oak Creek Elementary School. M) Approval of the second and final reading of an ordinance amending Chapter 143 of the New Braunfels Code of Ordinances by adding provisions for illicit discharges, construction site stormwater runoff control and post-construction stormwater management requirements, in compliance with the City’s Municipal Separate Storm Sewer System (MS4) permit. N) Approval of the second and final reading of an ordinance regarding amendments to the City of New Braunfels Code of Ordinances, Chapter 144, related to minimum parking standards for bars, dancehalls, nightclubs, taverns, assembly halls and event centers. O) Approval of the second and final reading of an ordinance rezoning approximately 16.085 acres out of the A-608 J Thompson Survey 21, addressed at 1964 Lou Ann Drive, from “APD” Agricultural/Pre-Development District to “Reserve at Mockingbird Heights 2” Planned Development District (RMH2PD) with a Concept Plan. P) Approval of the second and final reading of an ordinance regarding a rezoning request to apply a Special Use Permit to allow a commercial Monday, December 12, 2016 New Braunfels City Council Regular Meeting  tuber entrance and takeout in the "C-4" Resort Commercial District, addressed at 444 East San Antonio Street. Approval of the Consent Agenda Mayor Casteel read the aforementioned captions. A motion was made by Councilmember Green, seconded by Councilmember Reaves, to approve the Consent Agenda. The motion passed unanimously via roll call vote. I) Approval of the first reading of an ordinance amending Section 126-354 of the City of New Braunfels Code of Ordinances to revise Parking by Permit Areas G and I. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. David Griffith spoke regarding the item. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, that this item be approved. The motion passed unanimously. L) Approval of the second and final reading of an ordinance regarding amendments to the Code of Ordinances, Chapter 144, Zoning, Section 5.22, Non-Residential and Multifamily Development Standards. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. Kelly Sadler spoke regarding the item. A motion was made by Councilmember Reaves, seconded by Councilmember Green, that this item be postponed to the January 9, 2017, City Council meeting. The motion passed unanimously. 4. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider possible direction to City staff to bring forward for City Council consideration potential amendments to the Code of Ordinances relating to Chapter 62 Article VII Smoking in Public Places. Monday, December 12, 2016 New Braunfels City Council Regular Meeting  Councilmember Monceballez and Senior Policy Manager with the American Heart and American Stroke Association Jerry Saavedra, presented the item. Jimmy Newsom spoke regarding the item. City Council directed City Attorney Valeria Acevedo to form a group to develop a draft ordinance addressing a comprehensive no smoking ordinance. Staff will present the draft ordinance to City Council for discussion in February. No action was taken. B) Discuss and consider approval of the first reading of an ordinance amending Chapter 86 of the Code of Ordinances designating the 16 acre tract known as the Headwaters at the Comal as a public park. This item was withdrawn from discussion by the applicant. C) Public hearing and consideration of a resolution amending the 2006 Future Land Use Plan and the second and final reading of an ordinance regarding the rezoning of approximately 18.49 acres out of the O. Russell Survey No. 2, Abstract No. 485 addressed at 1200 FM 306 from “M-1” Light Industrial District to “ZH-A” Zero Lot Line Home District. Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. No one spoke during the public hearing. A motion was made by Councilmember Meadows, seconded by Mayor Pro Tem Peters, that this item be postponed to the January 9, 2017, City Council meeting. The motion passed unanimously. D) Discuss and consider a waiver from building permit fees, roadway impact fees and parkland dedication and improvement fees requested by NB Housing Partners for the proposed development of a 43 unit apartment complex to be constructed on property addressed at 1530 South Seguin Avenue. Monday, December 12, 2016 New Braunfels City Council Regular Meeting  Mayor Casteel read the aforementioned caption. Christopher Looney presented the item. A motion was made by Councilmember Reaves, seconded by Councilmember García, that this item be approved. The motion passed unanimously. E) Discuss and consider approval of the first reading of an ordinance amending Section 126-346 of the City of New Braunfels Code of Ordinances to add a no parking zone at 1742 Hunter Road. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. Brian Bailey spoke regarding the item. A motion was made by Councilmember García, seconded by Councilmember Reaves, that this item be approved with updated staff recommendations as presented. The motion passed unanimously. F) Discuss and consider possible direction to staff regarding the Alamo Area Metropolitan Planning Organization’s Transportation Alternatives Call for Projects. Mayor Casteel read the aforementioned caption. Garry Ford presented the item. City Council directed staff to present the proposed projects in detail at the January 9, 2017, City Council meeting, so that City Council may make a decision on which projects to submit for funding. G) Presentation and discussion regarding the FY 2015-16 end of year financial report. Mayor Casteel read the aforementioned caption. Jared Werner presented the item. No action was taken. Monday, December 12, 2016 New Braunfels City Council Regular Meeting  H) Discuss and consider approval of the City of New Braunfels FY 2015-16 fourth quarter investment report. Mayor Casteel read the aforementioned caption. Martie Simpson 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. 5. EXECUTIVE SESSIONS B) Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager in accordance with Section 551.074 of the Texas Government Code. Mayor Casteel read the aforementioned caption. City Council recessed from 8:40 p.m. - 10:06 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 10:06 p.m. A motion was made by Mayor Pro Tem Peters, seconded by Councilmember García, to give a vote of confidence to City Manager Robert Camareno extending his contract one year, and increasing his salary to $188,500.00 per year effective November 15, 2016. The motion passed unanimously. This regular meeting adjourned at 10:08 p.m. Monday, December 12, 2016 New Braunfels City Council Regular Meeting  Date Approved: January 9, 2017 _____________________________________ BARRON CASTEEL, MAYOR Attest: ______________________________________ PATRICK ATEN, CITY SECRETARY Monday, December 12, 2016 New Braunfels City Council Regular Meeting