MINUTES OF THE NEW BRAUNFELS CITY COUNCIL OF AUGUST 12, 2013

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1 MINUTES OF THE NEW BRAUNFELS CITY COUNCIL OF AUGUST 12, 2013 The City Council of the City of New Braunfels, Texas, convened in a Regular Session on August 12, 2013, at 6:00p.m. City Councilmembers present were: Mayor Gale Pospisil, presiding; Councilmembers George Green, Aja Edwards Patino, Ron Reaves, Sandy Nolte, Mayor Pro Tern Bryan Miranda, and Steven Digges. City Staff present were: Interim City Manager Robert Camareno, City Attorney Valeria Acevedo, City Secretary Patrick Aten, Airport Director Lenny Llerena, Fire Chief John Robinson, Human Resources Director Julie O'Connell, Library Director Gretchen Pruett, Parks and Recreation Director Stacey Laird Dicke, Support Services Director Debi Korinchock, Planning Manager Stacy Snell, Purchasing Manager Mary Quinones, Street and Drainage Manager John Cox, and Development Coordinator Jeff Jewell. The meeting was called to order by Mayor Pospisil in the New Braunfels Municipal Building City Council Chambers at 6:00p.m. Councilmember Nolte gave the invocation. Mayor Pospisil led the Pledge of Allegiance and the Salute to the Texas Flag. 1. MINUTES Consider approving the minutes of the special meeting of July 22, 2013 and the regular meeting of July 22, Councilmember Digges moved to approve the minutes and Mayor Pro Tern Miranda seconded the motion, which was unanimously approved by the City Council. 2. CITIZENS' COMMUNICATIONS David Goad spoke about road construction in the city. 3. CONSENT AGENDA. Mayor Pospisil read the Consent Agenda Items (A-1) as listed below, except for Items A and C, which were pulled by Mayor Pro Tern Miranda, Item B, which was pulled by Councilmember Patino, and Items D and E, which were pulled by a citizen. Councilmember Digges moved to approve the consent agenda. Mayor Pro Tern Miranda seconded the motion, which was approved unanimously, by roll call vote. Resolutions & Action Items (F) Approval of the ratification of a grant application submitted to the McKenna Foundation for $70,000 and authorizing the City Manager to accept funds and to execute all contract documents associated with the grant if awarded. August 12, 2013 New Braunfels City Council Regular Meeting 1

2 Ordinances (In accordance with Section of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) (G) (H) Approval of the second and final reading of an ordinance granting a Type II Special Use Permit to allow two single-family dwellings in the "APD" Agricultural/Pre-Development District, located at 1922 Lou Ann Drive. Approval of the second and final reading of an ordinance approving the abandonment and sale of Mulberry Avenue right-of-way between W. Torrey Street and W. Austin Street, and a portion of W. Austin Street right-of-way between Mulberry Avenue and N. Liberty Avenue. (I) Approval of the second and final reading of an ordinance annexing acres of land on FM 1101, adjacent to the existing city limits. (A) Approval of a budget transfer in the Library's FY General Fund Adopted Budget. Debi Korinchock and Gretchen Pruett presented the item. Mayor Pospisil moved to approve the item. Councilmember Green seconded the motion, which passed 4-3, with Councilmembers Reaves, Nolte, and Digges opposed. (B) Approval of an annual contract for the purchase of road materials spoilage disposal services from Brauntex Materials, Inc. for the Public Works Department. Mary Quinones, John Cox, and Debi Korinchock presented the item. Miranda seconded the motion, which passed 6-1, with Council member Patino opposed. (C) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide funds up to $53,236 to the City of New Braunfels for a project to construct a parking lot on County Line Memorial Trail, and declaring an effective date. Debi Korinchock and Stacey Dicke presented the item. David Goad spoke about the item. August 12, 2013 New Braunfels City Council Regular Meeting 2

3 Mayor Pro Tern Miranda moved to approve the item. Councilmember Patino seconded the motion, which passed 6-1, with Councilmember Digges opposed. (D) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide a grant in an amount not to exceed $111,000 to the Center for Entrepreneurship for operation of the Small Business Development Center in Jeff Jewell presented the item. David Goad spoke about the item. Miranda seconded the motion, which passed unanimously. (E) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to redirect funds up to $30,000 to the City of New Braunfels to provide road infrastructure at the New Braunfels Regional Airport; and providing an effective date. Jeff Jewell presented the item. Miranda seconded the motion, which passed unanimously. 4. INDIVIDUAL ITEMS FOR CONSIDERATION Mayor Pospisil read the following captions: (A) Presentation, discussion and possible action regarding the Fiscal Year operating and capital budgets. (C) Presentation, discussion and action regarding the proposed 2013 tax rate. Debi Korinchock and Robert Camarena presented the items. Mayor Pro Tern Miranda moved to propose a maximum 2013 tax rate of $ per $100 evaluation. Councilmember Digges seconded the motion, which passed unanimously by roll call vote. (B) Presentation and discussion regarding the 2013 effective and rollback tax rates. Item B was addressed at the Special Meeting of August 12, August 12, 2013 New Braunfels City Council Regular Meeting 3

4 (D) Discussion and action regarding scheduling the public hearings on the 2013 tax rate and the FY Proposed Budget. Item D was addressed at the Special Meeting of August 12, (E) Public hearing and first reading of an ordinance amending and replacing chapter 130, Article V, Section , Sewer Rates, of the Code of Ordinances relating to rates for the New Braunfels Utilities sewer service. Paula DiFonzo, Steve Bartley, and Roger Biggers presented the item. Charlie Smith spoke at the public hearing. Councilmember Digges moved to approve the item. Councilmember Reaves seconded the motion, which passed 6-1, with Councilmember Green opposed. <Council recessed for five minutes.> (F) Discuss and consider an appeal to the Parkland Dedication and Development Fees Ordinance for Creekside Villas Subdivision. Stacey Dicke and Councilmember Reaves moved to deny the item. seconded the motion, which passed unanimously. Councilmember Nolte (G) Discuss and consider the second and final reading of an ordinance rezoning approximately 8. 2 acres located on State Highway 46 West between Oak Run Parkway and Oak Run Point from "C-1 A" Neighborhood Business District to "C-1B" General Business District. Charlie Smith, Garrett McDonald, Darren Bueche, Chris Gawlik, Yvonne Bays, and Katherine Bowers spoke at the public hearing. Councilmember Reaves moved to deny the item. Councilmember Green seconded the motion, which passed 6-1 by roll call vote, with Councilmember Patino opposed. August 12, 2013 New Braunfels City Council Regular Meeting 4

5 (H) First public hearing regarding the annexation of acres of land on Loop 337, adjacent to the existing city limits. No one spoke at the public hearing. (I) Discuss and consider the first reading of an ordinance regarding the closure of acres of Westmeyer Road located between Airport Road and Saur Lane. Lenny Llerena presented the item. Dwain Glass spoke about the item. Miranda seconded the motion, which passed unanimously. (J) Public hearing and approval of a resolution amending the 2006 Future Land Use Plan and approval of the second and final reading of an ordinance rezoning acres located at the southwest intersection of Klein Road and Legend Pond from ''APD" Agricultural/Pre-Development District to "C-1A" Neighborhood Business District with a Special Use Permit to allow: (1) a convenience store with fuel sales, with or without an automated car wash; and (2) a full service car wash (detail shop). Jaime Arechiga spoke at the public hearing. Councilmember Digges moved to approve the item. Councilmember Nolte seconded the motion, which passed 6-1 by roll call vote, with Councilmember Patino opposed. (K) Public hearing and approval of a resolution amending the 2006 Future Land Use Plan and approval of the second and final reading of an ordinance rezoning acres located at 'the southeast intersection of Klein Road and Legend Pond from ''APD" Agricultural/Pre-Development District to "C-1 A" Neighborhood Business District with a Special Use Permit to allow: (1) a convenience store with fuel sales, with or without an automated car wash; and (2) a full service car wash (detail shop). August 12, 2013 New Braunfels City Council Regular Meeting 5

6 No one spoke at the public hearing. Miranda seconded the motion, which passed 6-1 by roll call vote, with Councilmember Patino opposed. (L) Public hearing and approval of a resolution amending the 2006 Future Land Use Plan and approval of the second and final reading of an ordinance rezoning acres located at the southeast intersection of Klein Road and Klein Meadows from ''APD" Agricultural/Pre-Development District to "C-1 A" Neighborhood Business District. No one spoke at the public hearing. Miranda seconded the motion, which passed unanimously by roll call vote. (M) Discuss and consider authorization for the City Manager to approve a contract with Aetna Inc. for administrative services for the City's self-funded medical, prescription, dental and vision employee benefit plan. Julie O'Connell, Jarrett Amerman, Nick Long, and Peter Benchetler presented the item. Chris Peltier and Joe Robles spoke about the item. Councilmember Reaves moved to approve the item. Councilmember Green seconded the motion, which passed 5-2, with Councilmembers Patino and Digges opposed. (N) Discuss and consider authorization for the City Manager to approve a contract with Aetna Inc., for Stop Loss (reinsurance) coverage for the City's self-funded medical and prescription plan. Julie O'Connell presented the item. Councilmember Nolte moved to approve the item. Councilmember Reaves seconded the motion, which passed 6-1, with Councilmember Digges opposed. August 12, 2013 New Braunfels City Council Regular Meeting 6

7 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. (C) (D) 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 , of the Texas Government Code. Deliberate the appointment, employment, evaluation, reassignment, or duties of the Municipal Court Judge and City Manager, in accordance with Section of the Texas Government Code. The City Council recessed into executive session from 8:50-9:53 p.m. No action was taken. Adjournment: This regular meeting adjourned at 9:53p.m. Date Approved: August 26, 2013 By: Attest: PATRICK D. ATEN, CITY ECRETARY August 12, 2013 New Braunfels City Council Regular Meeting 7