COUNCIL AGENDA ITEM SUBJECT MA ITER: MINUTES April 9, …

SUBJECT MA ITER:

DATE:

MINUTES OF:

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COUNCIL AGENDA ITEM

MINUTES

April 9, 2007 PRESENTER: City Secretary

AGENDA ITEM: 1

SPECIAL MEETING ON MARCH 19, 2007

REGULAR MEETING ON MARCH 26,2007.

SPECIAL MEETING ON MARCH 27, 2007

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MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION

MARCH 19, 2007

The City Council of the City of New Braunfels, Texas met for a Special Meeting with the Planning Commission on March 19, 2007, to consider building design and sign standards.

Those present were:

Also present were:

Also present were:

Also present were:

Mayor Bruce Boyer, Presiding; Mayor Pro-Tem Sonia Munoz-Gill and Council Members Beth Sokolyk, Gale Pospisil, Pat Wiggins and Ken Valentine.

Planning Commissioners 0. Daniel Castillo, Judith DykasHoffmann, Jan Kotylo, and Sandy Nolte

City Manager Michael E. Morrison, Interim City Attorney Paul Isham, Director of Planning and Community Development Frank Robbins, and Planning Technician "Sam" Sarske.

Dan Sefko, Dunkin Sefko and Associates

The meeting was called to order by Mayor Bruce Boyer in the City Council Chambers at 6:30 p.m. Council Member Kathleen Krueger was absent.

DISCUSSION ITEM: Presentation regarding building design and sign regulations and give staff direction. Mr. Sefko stated that the purpose of the meeting was to give direction concerning the proposed amendments to the City's codes pertaining to building design standards and the sign ordinance. He said the amendments proposed so far were a derivative of Georgetown's standards and continued by explaining some of the new standards.

After each of the following items was discussed, Staff and Mr. Sefko were given the following direction: • Building elements - specific elements should be incorporated into the articulation

standards, perhaps allowing a builder to choose two elements from a menu of eight or nine.

• Alternative design plans - it was agreed that City Council, not the Planning Commission or other body, would approve alternative design plans.

• Masonry requirements - the materials listed in Sec. 1.040 of the draft would be permitted by right except for items listed in 1.070 4. a. and b. (EIFS or equivalent, and cellulose fiber reinforced cement building board products) which would be approved by Special Use Permit.

• Primary and secondary fac;ade standards - the design of buildings on the same parcel should be cohesive and standards should include the rear of buildings.

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• Out parcel design - delete from ordinance. • Roof treatments - construct a parapet or provide a sightline study proving that

mechanical equipment etc. will not be visible. • Roof types - add dimensional shingles as a desirable roof type, and move reference

to roofs with less than or equal to a 2 to 12 pitch to section describing roof treatments.

• Add standards to address industrial buildings. • On-premise signs on property located on all streets other than IH 35 and Loop 337

must be monument signs. • No pole signs will be permitted. • Pylon signs on IH 35 can be no taller than 40 feet. • Pylon signs on Loop 337 can be no taller than the building on the lot.

ADJOURNMENT There being no further business, the special meeting adjourned at 8:25p.m.

Date Approved: April 9, 2007

By: R.BRUCEBOYER,MAYOR

Attest:

U:\Pianning\Minutes\P&Z and CC joint mtgs\pz & cc 3-19-07 spec mtg.doc

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MINUTES REGULAR CITY COUNCIL MEETING

MARCH 26, 2007

The City Council of the City of New Braunfels, Texas, met in Regular Session on March 26, 2007.

Those present were: Mayor Bruce Boyer, Presiding; Mayor Pro-tem Sonia Munoz-Gill, and Councilmembers Beth Sokolyk, Gale Pospisil, Pat Wiggins, Kathleen Krueger, and Ken Valentine.

Also present were: City Manager Michael E. Morrison, Interim City Attorney Paul Isham, City Secretary Michael A. Resendez, Director of Planning and Community Development Frank Robbins, Purchasing Manager Mary Quinones, Airport Director Andy Spinks, Public Works Director Mike Short, Chief Financial Officer Deborah Korinchock, Parks and Recreation Director Stacey Laird, River Project Manager Nathan Pence, Fire Chief John Herber, and Information and Technology Manager Kern Tilley.

Also present were: Pam Magee, Bill Magee, Stryker Saunders, Irene Allen, Mark Goodner, Vladimir A. Pospisil, Jay Patrick, James Reno, Rolf E. Moore, Charles Winkle, Bob Krueger, Jim Ray, Judy Rogers, Roger Biggers, Terry Allen, Brad Bingham, and News Reporters Bryan Feltner and Suzanne Ashe.

The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:00 p.m. All Councilmembers were present. Councilmember Wiggins gave the invocation and Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag.

MINUTES: Councilmembers considered approval of the minutes of (A) the Special Meeting on March 1, 2007, (B) the Special and Regular Meetings on March 12, 2007, and (C) the Special Meeting on March 14, 2007.

Councilmember Pospisil moved to approve the minutes as presented. Councilmember Sokolyk seconded the motion.

Councilmember Pospisil suggested that the second to the last sentence in the last paragraph on page 14 of the minutes from the Regular Meeting on March 12, 2007, be amended as follows:

"Mr. Plummer noted that this agreement did not contain non-compete provisions for other developments in the area but did contain a provision requesting that othe,r developments in the area pay a portion of the improvements to F.M. 306 il'Tb'ilnefltii!il) ¥F.6iH.~th?lt&1mfir8vlftrtems.,

March 26, 2007 New Braunfels Regular City Council Meeting

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Councilmember Pospisil further suggested that page 4 of the minutes from the March 14, 2007 Special City Council Meeting be revised to reflect a vote on the main motion as amended.

With no further suggested revisions, City Council unanimously approved the minutes as amended.

PRESENTATION IN RECOGNITION OF NATIONAL HONORS RECEIVED BY A LOCAL COMMUNITY SERVICE ORGANIZATION: Mayor Boyer read the above and foregoing caption.

David Davenport and River Project Manager Pence appeared before City Council to accept the 2007 Conservation Award that had recently been bestowed upon the Friends for Rivers and the New Braunfels Parks and Recreation Department at the National Parks and Recreation Association Southwest Region awards banquet at South Padre Island in recognition of the Friends for Rivers Annual River Cleanup.

TRIBUTE TO JAMES DUNKS: Following the above presentation, Mayor Boyer paid tribute to James Dunks, a respected member of the community who had passed away on March 20, 2007, at the age of 45, by reading Mr. Dunks' obituary as published in the New Braunfels Herald-Zeitung.

CITIZENS' COMMUNICATIONS: Mayor Boyer read the above and foregoing caption.

Irene Allen of 389 Inspiration, New Braunfels, Texas, took exception to an article that had recently been published in the New Braunfels Herald-Zeitung. She stated that the newspaper article made reference to a story in the August 23, 1982 edition of Newsweek regarding activity on the Guadalupe River and not the Coma! River as incorrectly stated by the author.

Jay Patrick of 2123 Cornerstone Drive, New Braunfels, Texas, requested that all candidates and Specific Purpose Committees involved in the Regular and Special Elections in May 2007, enter into an agreement to not place large political signs in residential areas, to assist in protecting the integrity of the residential neighborhoods.

Continuing with public comment, Rolf E. Moore of 490 Rusk, New Braunfels, Texas, made comments regarding a new type of sign incorporating LED technology that he had seen in Houston and Seguin and cautioned City Council and staff of their effects on vehicle drivers.

CONSENT AGENDA:

Mayor Boyer read the Consent Agenda as listed below. Mayor Boyer announced that Consent Agenda Items (H) and (J) had been pulled from the Consent Agenda. Councilmember Wiggins moved to approve the Consent Agenda as presented. Councilmember Pospisil seconded the motion which was approved by the following roll

March 26, 2007 New Braunfels Regular City Council Meeting 2

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call vote; AYES: Councilmembers Sokolyk, Pospisil, Wiggins, Krueger, Valentine, Munoz-Gill and Mayor Boyer; NAYS: None.

(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF STOP SIGNS ON MORNINGSIDE DRIVE & SCHMIDT AVENUE, MISSION HILLS SUBDIVISION, CASTLE RIDGE SUBDIVISION, MEADOWS OF MORNINGSIDE SUBDIVISION, COTTON CROSSING SUBDIVISION AND AVERY PARK SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.

Ordinance No. 2007-22

(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 2-130 ENTITLED "CITY MANAGER - EXECUTION OF CONTRACTS AND DEEDS," PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN INCONSISTENT PROVISIONS CLAUSE; AND DECLARING AN EFFECTIVE DATE.


(C) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING CHAPTER 66, HISTORIC PRESERVATION, PROVIDING FOR A 20% PROPERTY TAX EXEMPTION IN A HISTORIC DISTRICT; PROVIDNG FOR AN EXPEDITED APPROVAL PROCESS FOR CERTIFICATES OF ALTERATION IN THE DOWNTOWN HISTORIC DISTRICT; AMENDING THE HISTORIC LANDMARK COMMISSION MEMBERSHIP; PROVIDING FOR A REVIEW OF DEMOLITION PERMITS; AND ESTABLISHING A FEE OF $25 FOR CERTIFICATES OF ALTERATION APPLICATIONS.


(D) APPROVAL OF THE PURCHASE OF LANDA PARK PLAYGROUND RENOVATIONS TO D&M CONSTRUCTION. As noted in the agenda packet, the proposed bid award totaled $44,073.25.

(E) APPROVAL OF THE PURCHASE OF WEB-SITE DESIGN SERVICES FROM CIVICPLUS. As noted in the agenda packet, the total cost for the development services and training would be a one-time fee of $30,500 · with an annual maintenance fee of $10,980.


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(F) APPROVAL FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS TO COMPLETE A CITY-WIDE CLASSIFICATION AND COMPENSATION STUDY AND TO DEVELOP A CITY-WIDE PAY FOR PERFORMANCE PROGRAM. As noted in the agenda packet, the total estimated contract cost was set at $55,000.

(G) AUTHORIZE THE CITY MANAGER TO ACCEPT GRANT FUNDS FOR THE SAFE SCHOOLS/HEAL THY STUDENTS CONSORTIUM WRAPAROUND PROGRAM INITIATIVE GRANT WITH NBISD. As noted in the agenda packet, this grant included funds for the Parks and Recreation Department to conduct activities at times when youth are most likely to take part in unhealthy activities with a zero fiscal impact to the City's budget.

(I) APPROVAL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NEW BRAUNFELS AND THE TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION TO ACCEPT A 50/50 MATCHING FUNDS GRANT UNDER THE ROUTINE AIRPORT MAINTENANCE PROGRAM (RAMP) OF UP TO $50,000 FUNDING AIRPORT IMPROVEMENT PROJECTS AT THE NEW BRAUNFELS MUNICIPAL AIRPORT AND MAKE THE NECESSARY BUDGET AMENDMENT. As noted in the agenda packet, the New Braunfels Municipal Airport currently had an excess of $50,000 budgeted for RAMP type projects.

(K) APPROVAL OF SOUTHERN WINGS, INC. TO SUB-LEASE HANGAR SPACE TO F.M. ANDREWS, INC. AT THE NEW BRAUNFELS MUNICIPAL AIRPORT.

(L) APPROVAL OF SOUTHERN WINGS, INC. TO SUB-LEASE HANGAR SPACE TO ALPHA AIRCRAFT SERVICES OF AMERICA, INC. AT THE NEW BRAUNFELS MUNICIPAL AIRPORT.

CONSENT AGENDA ITEM (H) - APPROVAL OF THE SEMIANNUAL REPORT ABOUT WATER AND WASTEWATER IMPACT FEES: Mayor Boyer read the above and foregoing caption.

Following comments from Mr. Biggers related to the expending of funds for future projects, Councilmember Pospisil moved to approve the Semiannual report for the period of July 1, 2006 through December 31, 2006 as follows.

Water: Sewer:

Number of Fees Collected 424 382

March 26, 2007 New Braunfels Regular City Council Meeting

Dollars Collected $341,142.30 $484,573.16

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Semiannual Total: Total from Inception:

Impact Fee Expenditures

Water: Sewer:

Semiannual Total: Total from Inception:

806 6,592

Purpose

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$825,715.46 $6,683,251.66

Dollars Expended $0 $0

$0 $1,044,304.80

Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

CONSENT AGENDA ITEM (J) - APPROVAL OF A RESOLUTION SUPPORTING A NOMINATION FOR THE NATIONAL REGISTER OF HISTORIC PLACES FOR THE HISTORIC FAUST STREET BRIDGE: Mayor Boyer read the above and foregoing caption.

City Manager Morrison informed City Council that the Faust Street Bridge was one of five projects the Council had identified as a priority. He noted that a congressional designation had been approached and that the bridge's possibility to receive funding would be enhanced through a historical designation. City Manager Morrison explained that this item had been placed on the agenda prior to the Historic Landmark Commission review of the matter. For the sake of protocol, City Manager Morrison requested that this item be pulled from the agenda to allow for a review by the Historic Landmark Commission before returning to City Council.

City Manager Morrison's proposal received no objections from City Council.

APPROVAL OF THE PURCHASE OF LITTER PICKUP SERVICES ON THE COMAL AND GUADALUPE RIVERS TO PRISTINE TEXAS RIVERS, INC : Mayor Boyer read the above and foregoing caption.

Purchasing Manager Quinones provided City Council with background information related to the Invitation for Bid process that concluded with bids from Aires Environmental at $87,822 and Pristine Texas Rivers, Inc. at $91,781. She noted that staff was recommending a contract award to Pristine Texas Rivers, Inc. since it was a locally owned company and since a resolution had recently been passed allowing preference to local vendors with bids within five percent of the lowest bid.

River Project Manager Pence then provided City Council with information related to the scope of services. He noted that the major difference this year would be the frequency of river cleanups and the cleanup of the last tubers exit which was increasing from once every two weeks to four times per week.


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Following comments from Councilmembers, Mayor Boyer opened the floor to public comment.

James Reno of 2454 Country Grace, New Braunfels, Texas, thanked City Council for taking this positive step forward with cleanup of the rivers.

Rolf E. Moore of 490 Rusk, New Braunfels, Texas, stated that cleaner rivers would probably result in a reduction of bad behavior on the rivers.

Irene Allen of 389 Inspiration, New Braunfels, Texas, supported the acquisition of Pristine Texas Rivers, Inc. and proposed that the City increase the parking fees at Prince Solms Park to offset the $91,781 to be paid to Pristine Texas Rivers, Inc.

Lastly, David Davenport updated the City Council on present legislation that could possibly allocate State of Texas dollars towards the cleanup of rivers.

Next, Councilmember Pospisil moved to approve the purchase of litter pickup services on the Carnal and Guadalupe Rivers from Pristine Texas Rivers, Inc. Councilmember Valentine seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 10.348 ACRES ON SH 46 WEST, NORTH OF MISSION VALLEY ROAD, FROM "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" AND "R-1 SINGLE FAMILY DISTRICT" TO "C-0 COMMERCIAL OFFICE DISTRICT":

Mayor Boyer read the above and foregoing caption and recused himself from the matter due to his company's involvement with a closing on this property.

Mayor Pro-tem Munoz-Gill then requested that Planning Director Robbins introduce this agenda item to City Council.

Planning Director Robbins provided background information to City Council noting that seven notices were sent to property owners with no opposition received from any and that the Planning Commission had recommended approval of the rezoning request.

Mayor Pro-tem Munoz-Gill then opened the floor to public comment.

Following no input from the audience, Councilmember Pospisil moved to close the public hearing. Councilmember Valentine seconded the motion which was approved by City Council by a 6/0/1 vote with Mayor Boyer abstaining from the vote.

Councilmember Pospisil then moved to approve the first reading of this ordinance as presented. Councilmember Valentine seconded the motion which was approved by City Council by a 6/0/1 vote with Mayor Boyer abstaining from the vote.


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PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOT 28A AND A 0.247 ACRE PORTION OF LOT 28B, MOUNTAIN VIEW ADDITION, LOCATED ON THE EAST SIDE OF WATER LANE SOUTH OF IH 35, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY DISTRICT LOW DENSITY DISTRICT": Mayor Pro-tem Munoz-Gill read the above and foregoing caption.

Planning Director Robbins introduced this item to City Council noting that during the Planning Commission's discussion of this case, some of the neighbors in the area expressed drainage concerns and also a concern about access to Lorna Vista. He noted that Council could add a "no access to Lorna Vista" restriction and mentioned that the Planning Commission had recommended approval of the rezoning request.

Mayor Boyer then opened the floor to public comment.

Charles E. Winkle of 21 Prestonwood, New Braunfels, Texas, applicant in this matter, stated that he had no objection to City Council imposing a restriction for no access to Lorna Vista.

Following Mr. Winkle's comment, Councilmember Pospisil moved to close the public hearing. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

Proceeding with the matter, Councilmember Pospisil moved to approve the first reading of this ordinance as presented with a restriction that there be no access off the Lorna Vista side of the property. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 451 S. CASTELL AVE., TO BE KNOWN AS "THE DOWNTOWN TIETZE HAUS", AS A HISTORIC LANDMARK: Mayor Boyer read the above and foregoing caption.

Planning Director Robbins introduced this item to City Council noting that this property was located across the street of the City's Municipal Building and that a detailed history of the structure was included in the agenda packet.


Amy Woodall of 355 Raven Ridge, New Braunfels, Texas, applicant in the matter, provided City Council with the history of her family and of the structure at 451 S. Castell Avenue.


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Following no further public comment, Councilmember Pospisil moved to close the public hearing. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

Continuing with the agenda item, Councilmember Sokolyk moved to approve the first reading of this ordinance. Councilmember Valentine seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING A TOTAL OF 12.54 ACRES, INCLUDING LOTS 3R AND 4R OF THE FRED SOEFJE SUBDIVISION AND LOTS 1A, 1B, AND 1C OF THE GEORGE SOEFJE SUBDIVISION , LOCATED ON FM 483 BETWEEN IH 35 NORTH AND FM 1101, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT", RESTRICTED TO THE PERMITTED USES IN "C-1 A NEIGHBORHOOD BUSINESS DISTRICT", "C-1 B GENERAL BUSINESS DISTRICT", "C-2A CENTRAL BUSINESS DISTRICT", "C-4B RESORT FACILITIES DISTRICT", AND "C-0 COMMERCIAL OFFICE DISTRICT": Mayor Boyer read the above and foregoing caption.

Planning Director Robbins introduced this item to City Council noting that this was a continuation of the zoning for Creekside and the Planning Commission had recommended approval of the request and that no objections had been received from surrounding property owners and further noted that a site plan had been approved by City Council for this development.


Jim Ray of 18 Horseshoe Trail, New Braunfels, Texas, stated that these were the last four residential lots part of the Creekside assemblage. He thanked City Council and staff for their efforts related to the Creekside development.

Following no further public comment, Councilmember Pospisil moved to close the public hearing. Councilmember Valentine seconded the motion which was unanimously approved by City Council.

Proceeding with the matter, Councilmember Pospisil moved to approve the first reading of this ordinance as presented. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOTS 2 AND 3, UNIT 3, HIGH POINT SUBDIVISION LOCATED AT 1529 FM 306, FROM "APD AGRICULTURE PRE DEVELOPMENT DISTRICT-INTERIM" TO "APD AGRICULTURE PRE DEVELOPMENT DISTRICT", TO BE RESTRICTED TO THE SINGLE FAMILY AND RELATED AGRICULTURAL ACCESSORY USES: Mayor Boyer read the above and foregoing caption.

Planning Director Robbins noted that this was a rezoning for some property that


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the City had initiated the annexation process on in accordance with a non-annexation agreement. Planning Director Robbins noted that this rezoning would allow for single family homes and agricultural use.


Following no comments from the audience, Mayor Pro-tem Munoz-Gill moved to close the public hearing. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

Proceeding with the matter, Councilmember Pospisil moved to approve the first reading of this ordinance as presented. Mayor Pro-tem Munoz-Gill seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 3.22 ACRES LOCATED AT 1704 GRUENE ROAD, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO. "R-3L MULTIFAMILY LOW DENSITY DISTRICT" AND GRANTING A SPECIAL USE PERMIT FOR SHORT TERM OCCUPANCY OR RENTAL": Mayor Boyer read the above and foregoing caption.

Planning Director Robbins provided City Council with background information on this item noting no opposition was received from the surrounding property owners and that the Planning Commission had recommended approval of the rezoning request and Special Use Permit.


Following no comments from the audience, Councilmember Pospisil moved to close the public hearing. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

Proceeding with the matter, Councilmember Pospisil moved to approve the first reading of this ordinance as presented. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 12.195 ACRES LOCATED ON THE WEST SIDE OF ERVENDBERG AVENUE, APPROXIMATELY 1 ,000' NORTH OF GRUENE ROAD, FROM "R-2 SINGLE AND TWO-FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT":

Mayor Boyer read the above and foregoing caption and recused himself from the matter due to his company's involvement with a closing on this property.

Mayor Pro-tem Munoz-Gill then requested that Planning Director Robbins introduce this agenda item to City Council.


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Planning Director Robbins provided background information to City Council noting that the applicants in this matter owned the adjacent property to the south, which had recently been rezoned for the development of 24 two-unit condominiums. He noted that the applicants were also in the process of purchasing the subject property to develop it as well. He stated that the Planning Commission had recommended approval of the rezoning request and that tree protection would be an issue at the time of an application for a building permit. Planning Director Robbins informed City Council that residents on Ervendberg had recently submitted letters to City Council expressing concerns over the requested rezoning.

Next, Councilmembers shared their views and concerns with respect to the rezoning request.

Mayor Pro-tem Munoz-Gill then opened the floor to public comment.

Terry Allen of 808 McCarty Lane, San Marcos, Texas, one of the applicants in this matter, gave City Council an overview of their planned development for the subject property which included 60 condominiums and 30 duplexes. Mr. Allen also mentioned a need for entrances on Ervendberg Road and Gruene Road.

Following a list of options conveyed by Planning Director Robbins, Brad Bingham, another applicant in the matter, made comments related to the issue concerning trees.

Rolf E. Moore of 490 Rusk, New Braunfels, Texas, stated that the mention of 12 units per acre did not seem like a low density development to him. He stated that sooner or later, the City would have to address the growth in that area which could possibly include widening Gruene Road to four lanes.

Judy Rogers of 1386 Ervendberg Road, New Braunfels, Texas, read a letter to City Council that expressed her major concerns which included an increase in traffic and a detrimental effect on the local wildlife.

Following no further public comment, Councilmember Pospisil moved to close the public hearing. Councilmember Sokolyk seconded the motion which was approved by City Council by a 6/0/1 vote with Mayor Boyer abstaining from the vote.

Councilmember Pospisil then moved to approve the first reading of this ordinance as presented. Mayor Pro-tem Munoz-Gill seconded the motion for discussion purposes.

Continuing with the agenda item, Councilmember Sokolyk moved to table this matter to allow for the developers and neighbors to work out any concerns and to allow time for the tree ordinance to be addressed so that no expenses are incurred working through the process. Councilmember Krueger seconded the motion which was approved by City Council by a 6/0/1 vote with Mayor Boyer abstaining from the vote.


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PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOT 1 C, GREENWAY PLAZA, LOCATED ON IH 35 SOUTH, AND SOUTH OF RUECKLE ROAD, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" AND "C-3 COMMERCIAL DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT": Mayor Protem Munoz-Gill read the above and foregoing caption.

Councilmember Krueger recused herself from the matter due to a family member holding a partial interest in the subject property.

Planning Director Robbins provided background information to City Council noting that this property would be used for industrial purposes; that it had frontage on IH-35; and, that it was consistent with the City's Comprehensive Plan. Planning Director Robbins informed City Council that the Planning Commission had recommended approval and that no opposition had been received from surrounding property owners.


Bob Krueger of 298 E. Lincoln, New Braunfels, Texas informed City Council that he was a general partner of a partnership that had owned the property for a long time and was requesting the zoning change to accommodate the development of the property by Leisure Pools. He reminded City Council that it had recently approved incentives for Leisure Pools, to assist in moving its headquarters to New Braunfels. He closed by mentioning some of the opportunities that Leisure Pools would bring to the City of New Braunfels.

Following no further public comment, Councilmember Pospisil moved to close the public hearing. Councilmember Wiggins seconded the motion which was approved by City Council by a 6/0/1 vote with Councilmember Krueger abstaining from the vote.

Next, Councilmember Pospisil moved to approve the first reading of this ordinance as presented. Councilmember Sokolyk seconded the motion which was approved by City Council by a 6/0/1 vote with Councilmember Krueger abstaining from the vote.

CONSIDER ACCEPTING THE COMPREHENSIVE PLAN 2007 ANNUAL REPORT AND GIVE STAFF DIRECTION: Mayor Boyer read the above and foregoing caption.

Planning Director Robbins informed City Council that before them was the Comprehensive Plan 2007 Annual Report containing all of the goals and policies and annotations in blue reflecting actions that have been taken and those that are planned in the next year. Planning Director Robbins noted that this City Council had been very active in forwarding what this Comprehensive Plan called for.


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Next, Planning Director Robbins gave a brief summary of some of the goals and objectives that had been accomplished as noted in the annual report.

Councilmember Pospisil moved to accept the Comprehensive Plan 2007 Annual Report as presented in the agenda packet. Councilmember Valentine seconded the motion.

Following comments from Councilmembers, City Council unanimously approved the motion proposed by Councilmember Pospisil.

DISCUSS AND CONSIDER AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 126-41 AUTHORIZING THE TEMPORARY CLOSING OF PUBLIC STREETS FOR EVENTS AND THE TOWING OF VEHICLES LEFT IN THE CLOSED AREAS AFTER NOTICE TO REMOVE SAME: Mayor Boyer read the above and foregoing caption.

Planning Director Robbins stated that this ordinance would set up a protocol and add some additional requirements to the existing street closure policy and would allow for the towing of vehicles prior to festivals and events.

Some Councilmembers then made comments related to the timing of notification to vehicle owners.

Continuing with the item, Councilmember Pospisil moved to approve the first reading of this ordinance as presented. Councilmember Krueger seconded the motion.


Jay Patrick of 2123 Cornerstone Drive noted that no where in the ordinance did it state a time frame for a pre-notice to vehicle owners of an upcoming event.

Before voting on the ordinance, Mayor Boyer directed staff to review the ordinance and address the notice time frame before a vehicle could be towed prior to the second and final reading of the ordinance.

To conclude the matter, City Council unanimously approved the first reading of this ordinance as presented.

RECONSIDERATION OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY AMENDING SECTION 86-14 PROHIBITING CERTAIN CONTAINERS OR COOLERS ON CERTAIN PUBLIC WATERWAYS; ESTABLISHING A PENAL TV; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.


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Councilmember Krueger moved to reconsider the second and final reading of the ordinance as stated hereinabove. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

Interim City Attorney Isham stated that after receiving an Email from an individual inquiring into the number of 16 quart coolers allowed per person, he felt it was necessary to recommend to City Council that the ordinance be amended to reflect a limitation of one cooler per person.

Next, Councilmember Sokolyk moved to adopt the ordinance on the second reading with the additional language to limit one cooler per person on the Comal and Guadalupe Rivers within the New Braunfels City limits.

Following final comments from Councilmembers, the second and final reading of this ordinance was approved by the following roll call vote; A YES Councilmembers Wiggins, Krueger, Valentine, Sokolyk, and Mayor Boyer; NAYS: Councilmember Pospisil and Mayor Pro-tem Munoz-Gill.


ONE YEAR EVALUATION OF APPOINTED OFFICIAL, IN ACCORDANCE WITH SECTION 551.074, OF THE TEXAS GOVERNMENT CODE, PERSONNEL MATTERS: Mayor Boyer read the above and foregoing caption.

At 8:08 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B in reference to the one year evaluation of an appointed official.

At 8:19 p.m., City Council reconvened in open session and announced that no action had been taken during the closed session.

Councilmember Pospisil then moved to increase the City Manager's salary by three percent. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

REPORTS - City Council: Councilmembers reported their activities since the last Regular City Council meeting which consisted of various civic functions, City Council workshops and meetings, miscellaneous activities and future scheduled events.

REPORTS - Staff Activities: City Manager Morrison, Interim City Attorney Isham and City Secretary Resendez had nothing to report under this caption.

ADJOURNMENT: This Regular meeting adjourned at 8:25 p.m.


Attest:

MICHAEL A. RESENDEZ, CITY SECRETARY

By:

17


BRUCE BOYER, MAYOR


18

MINUTES SPECIAL CITY COUNCIL MEETING

MARCH 27,2007

The City Council of the City of New Braunfels, Texas, met in a Special Workshop Session on March 27, 2007.

Those present were: Mayor Bruce Boyer, Presiding; Mayor Pro-tem Sonia Munoz-Gill, and Councilmembers Beth Sokolyk, Gale Pospisil, Pat Wiggins, Kathleen Krueger, and Ken Valentine.

Also present were: City Manager Michael E. Morrison, Interim City Attorney Paul Isham, Deputy City Secretary Ann Smith and Public Works Director Mike Short. Councilmember District One "Elect" Richard Zapata was also present.

The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 6:00 p.m. All Councilmembers were present.

PRESENTATION AND DISCUSSION REGARDING POSSIBLE ALTERNATIVES FOR THE NORTH TRIBUTARY REGIONAL FLOOD CONTROL FACILITIES.

Mike Short, Public Works Director, started by updating the Council on the history of the South Tributary Regional Flood Control project. He stated that the architects were currently working with the utility companies and securing right-of-way acquisitions.

John Espinoza, P.E., CFM, along with Mason Liebau and Marcus Cantu from Halff Associates presented several alternatives for the North Tributary Regional Flood Control project. Mr. Espinoza stated that 78% of the area was developed for a total of 3,008 acres. The following alternatives were discussed:

~ Alternative 1 - Channel Modifications from Walnut Avenue to FM 725. );o> Alternative 2 - Two Stormwater Detention Ponds - Upstream of

Executive Drive & Walnut Avenue area. );o> Alternative 3 - Channel Modifications & Stormwater Detention

(Combination of 1 &2). );o> Alternative 5- Channel Modifications from Walnut Avenue to FM 725

and lower box culverts by 3.5 feet on Old McQueeny Road. );o> Alternative 6 - Channel Modifications from Walnut Avenue to FM 725,

Stormwater Detention at Walnut Avenue area and lower box culverts 3.5 feet on Old McQueeny Road.

Mr. Espinoza pointed out the various areas that would have changes in the 1 00 year floodplain based on the five alternatives discussed above. Construction costs ranged from $2,334,400. for Alternative 2 to $8,238,300. for Alternative 3. The Cost/Benefit analysis showed an appraised value/construction cost ratio ranging from 21.0 for Alternative 5 to 6.3 for Alternative 3.

March 27, 2007 New Braunfels Special City Council Meeting 1

19

The Council reviewed the various maps showing the changes in the 1 00 year floodplain in accordance with each alternative. Questions were asked if the new proposed Lowe's could be asked to contribute funding toward the North Tributary Drainage project.

After discussion, the consensus of the Council was to proceed with Alternative 5, with a phasing-in of Alternative 6. Alternative 5, with channel modifications and Old McQueeny Road, forecast a probable construction cost of $ 2,334,400. The Cost/Benefit Analysis on Alternate 5 represented 20 parcels in the floodplain (with an appraised value of $5, 115,200) and a reduction in parcels of 121 (with a reduced appraisal value of $48,083,500), leaving an appraisal value/construction cost ratio of 21.0. Phasing in Alternative 6 would allow for channel modifications from Walnut Avenue to FM 725, stormwater detention in the Walnut Avenue area and lowering of box culverts to 3.5 feet on Old McQueeny Road.

PRESENTATION AND DISCUSSION REGARDING POSSIBLE IMPLEMENTATION OF A DRAINAGE UTILITY FEE AND DRAINAGE IMPACT FEE.

Mr. Short reminded Council that in 2004 an unsuccessful effort took place to implement a Drainage Impact Fee and a Drainage Utility Fee. With renewed interest in Drainage Impact and Utility Fees, the staff was seeking guidance from the Council.

Mr. Short stated that the Council had adopted a voluntary/mandatory stormwater connection fee in lieu of detention. The fee currently is $600 per/residential lot and .14 cents per square foot of non-residential cover. Mr. Short gave information that Chapter 143 of the Code of Ordinances and Local Government Code 402 allows the City to establish and collect a drainage utility fee. The drainage impact fee is intended to pay for only those portions of regional drainage improvements that are attributed to new growth.

Discussion centered on the calculation of the drainage utility fees estimates in 2004, collection methods, and implementation.

Councilmember Pospisil stated that the utility fee should start small. Mayor Boyer stated that he would recommend having a group of four ·or five local engineers go through the study and see if they could come up with a consensus, without having to redo the study .

. After discussion on the historical information on drainage fees, the Council requested that an advisory study comprised of staff and local engineers look at a basic impact fees. Mr. Morrison suggested that if a Drainage Utility Fee was proposed that a "tier" rather than a flat fee be considered.

To conclude the discussions, the Council instructed staff to move forward with the Drainage Impact Fee study and to work on a parallel path with the Drainage Utility Fee.


20

ADJOURNMENT: This Special Workshop meeting adjourned at 7:40 p.m.


By: BRUCE BOYER, MAYOR

Attest:

ANN SMITH, DEPUTY CITY SECRETARY


21

CITY COUNCIL AGENDA ITEM INFORMATION

SUBJECT MATTER: PROCLAMATIONS

COUNCIL MEETING DATE: APRIL 9, 2007

•!• CHILD ABUSE PREVENTION MONTH

•!• SEXUAL ASSAULT AWARENESS MONTH

•!• ARBOR DAY

Agenda Item # 2

•!• 25TH ANNIVERSARY OF THE NEW BRAUNFELS AREA QUILT GUILD

•!• NATIONAL LIBRARY WEEK

•!• WEEK OF THE YOUNG CHILD

22

Proclarna tion THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §

WHEREAS, More than 61 ,433 cases of child abuse and neglect have been confirmed in Texas: and

WHEREAS, more than 122 children in Comal County are confirmed victims of child abuse each year; and

WHEREAS, 125 abused and/or neglected children were placed under the care of the state in Comal County in 2006; and

WHEREAS, child abuse prevention is a community responsibility finding solutions depends on involvement among all people; and

WHEREAS, communities must make every effort to promote programs that benefit children and their families; and

WHEREAS, effective child abuse prevention programs succeed because of partnerships among agencies, schools, religious organizations, law enforcement agencies and the business community; and

WHEREAS, everyone in the community should become more aware of child abuse prevention and encourage parents to raise their children in a safe, nurturing environment.

WHEREAS, community organizations such as the Comal County Child Welfare Board, Court Appointed Special Advocates (CASA), Children's Advocacy Center of Comal County, Connections Individual and Family Services, Inc., Early Childhood Intervention, Comal County District Attorney's Office, The Crisis Center of Comal County, Texas Department of Family and Protective Services, Comal County Sheriff's Office and New Braunfels Police Department, Communities in Schools, Sexual Assault Response Team of Comal County, New Braunfels lSD, Comal lSD, St. Jude's Ranch For Children - Bulverde Campus, St. Jude's Ranch For Children - Emergency Shelter, Hill Country MHMR, Comal County Public Health Office and McKenna Health System, assist in stopping child abuse and neglect;

NOW THEREFORE, I, Bruce Boyer, Mayor of the City of New Braunfels, do hereby proclaim the month of April as:

"CHILD ABUSE PREVENTION MONTH"

in New Braunfels, and I call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse, while paying tribute to the many professional and volunteers working to stop child abuse.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of New Braunfels to be affixed this 9th day of April, 2007.

CITY OF NEW BRAUNFELS, TEXAS

Bruce Boyer, Mayor

23

ProclaiDation THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §

WHEREAS, sexual assault, a violent and devastating crime, affects men, women and children of all races, ages and economic situations; and

WHEREAS, the consequences of sexual assault are often severe and long lasting. In addition, the risk of developing post traumatic stress disorder, depression and many other psychological or physical ailments increases dramatically for victims of sexual assault; and

WHEREAS, each year, the Crisis Center of Comal County, in conjunction with other organizations, designates the month of April for an educational campaign to promote awareness and to build upon the network of support that has been mobilized to address this issue; and

WHEREAS, the Crisis Center and its partners provide training to rape crisis and law enforcement personnel, volunteers and staff of service agencies, and community groups, as well as outreach to schools and information on topical issues related to sexual assault; and

At this time, all Texans are encouraged to increase their awareness and to work to prevent sexual assault in their communities across this great state. Together, united in this effort, we can continue to make a difference.

NOW, THEREFORE, I BRUCE BOYER, Mayor of the City of New Braunfels, T~xas, do hereby proclaim the month of April, 2007; as

"SEXUAL ASSAULT AWARENESS MONTH"

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of New Braunfels to be affiXed this 9th day of April, 2007.


BRUCE BOYER, Mayor

24

Proclalllation THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §

WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and

WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and

WHEREAS, Arbor Day is now observed throughout the Nation and the world; and

WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and

WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and

WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.

NOW, THEREFORE, I BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim Apri119, 2007; as

"ARBOR DAY"

in the City of New Braunfels, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and

FURTHER, I urge all citizens to plant trees to gladden the heart and promote the wellbeing of this and future generations.



BRUCE BOYER, Mayor

Proclamation THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §

WHEREAS, the New Braunfels Area Quilt Guild was founded on April 21, 1982;

WHEREAS, they have grown from some forty-one members to over two hundred men and women who continue to support guild's mission of educating the public about the art of quilting; and

WHEREAS, the Guild is dedicated to the dynamic and diverse world of quilt-making and preserving the heritage of quilts as an enduring art form and craft; and

WHEREAS, the Guild provides outreach efforts that benefit schools, children's and women's shelters, charities and service agencies; and

WHEREAS, during the past twelve years, members have designed memory quilts to honor the loved ones served by Hope Hospice of New Braunfels, presented quilts to eight families moving into new Habitat for Humanity Homes, provided quilts to wounded soldiers at the lntrepid/BAMC, and offers Storybook Quilts as educational resources to area public and private schools.

NOW THEREFORE, I, Bruce Boyer, Mayor of the City of New Braunfels, do hereby proclaim the month of April as:

"NEW BRAUNFELS AREA QUILT GUILD 25TH ANNIVERSARY MONTH"

and encourage citizens of New Braunfels to support the heritage of quilt art and the many community services that the New Braunfels Area Quilt Guild provides.



Bruce Boyer, Mayor

26

ProclaJlllation State of Texas County of Coma I City of New Braunfels

* * *

WHEREAS, our nation's public, academic, school and specialized libraries transform their communities;

WHEREAS, libraries play a vital role in supporting the quality of life in their ·communities;

WHEREAS, librarians ar.e trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in the 21st century;

WHEREAS, libraries are part of the American Dream - places for opportunity, education, self-help and lifelong learning;

WHEREAS, libraries bring you a world of knowledge both in person and online;

WHEREAS, libraries are a key player in the national discourse on intellectual freedom, equity of access, and narrowing the "digital divide;"

WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with The Campaign for America's Libraries.

WHEREAS, NOW, THEREFORE, I BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim April15-21, 2007, as

"NATIONAL LIBRARY WEEK"

I encourage all residents to visit the library this week to take advantage of the wonderful library resources available and thank their librarians and library workers for making information accessible to all who walk through the library's doors. Come see why now is the perfect time to come together at your library.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of New Braunfels to be affixed this gth day of April 2007.


BRUCE BOYER, Mayor

27

Proclan1ation THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §

WHEREAS, the St. Jude's Ranch for Children and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child, April 22-28, 2007; and

WHEREAS, these organizations are working to improve early learning opportunities, which are crucial to the growth and development of young children, and to building better futures for everyone in New Braunfels, Texas; and

WHEREAS, all young children and their families across the country and in New Braunfels deserve access to high-quality early education and care; and

WHEREAS, in recognizing and supporting the people, programs and policies that are committed to high-quality early childhood education, as the right choice for kids.

NOW, THEREFORE, I BRUCE BOYER, Mayor of the City of New Braunfels, Texas, do hereby proclaim April 22-28, 2007; as

"THE WEEK OF THE YOUNG CHILD in NEW BRAl:JNFELS"

and urge all citizens to recognize and support the needs of young children in our community.



BRUCE BOYER, Mayor

28

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Presentation of new City of New Braunfels Logo

ORIGINATING DEPARTMENT:

COUNCIL DATE:

AGENDA CAPTION:

Community Relations Committee

April9, 2007

PRESENTER:

AGENDA#:

Stacey Laird

3

PRESENTATION OF A NEW LOGO DESIGN FOR THE CITY OF NEW BRAUNFELS TO BEGIN A BRANDING CAMPAIGN TO PROMOTE THE CITY AND ITS ACTIVITIES.

RATIONALE: Several months ago, a Community Relations Committee was set up to focus on promoting the City of New Braunfels and its many positive activities within the community. Typically, this is a task that is accomplished by a staff position/Public Information Officer. Since the City of New Braunfels does not currently have a PIO, the committee was organized to focus on this task instead.

The committee set several goals to be accomplished within the first year including: 1. Develop a City of New Braunfels "brand" and policies related to the use of that brand. 2. Develop a City of New Braunfels Media Policy. 3. Develop avenues to distribute the new City of New Braunfels vision and mission statements. 4. Upgrade the City of New Braunfels Website. 5. Improve the effectiveness of the City of New Braunfels access channel. 6. Develop process and cost estimates for a community survey.

Many of these goals have been accomplished including the development of an employee media policy, implementation of a community survey, distribution of the vision/mission statements, development of request for proposals and a recommendation for the re-design of the city's website, and recommendation of equipment for upgrading the city's cable channel.

Tonight, the committee is eager to present to the City Council and the community a new city logo. The purpose of this logo is to begin to develop a "brand" for the City of New Braunfels. This brand will be a visual representation of our organization and what we represent within the community. We believe this new look conveys quality and professionalism, but also builds upon the uniqueness of New Braunfels.

In this logo, you will find a sturdy oak tree. This tree represents the deep roots that our in our city including traditions, values and people. This tree also represents the growth our community has experienced. The oak tree was chosen due to it's prominence within the area and is reminiscent of the Founder's Oak in Landa Park.

The two lines underneath the wording represent the two rivers that run through our town and provide a foundation for the image. The type face and the colors are uniform with the recently adopted wayfinding signage.

As can be seen in the stationery and business cards, the current city seal is embedded into the background. This image will serve as a watermark while still allowing the new logo to be more visible. Graphic standards are being developed to ensure the new identity is used properly on both internal and external communications. Adherence to these standards will make certain that the City of New Braunfels is represented clearly, consistently and professionally.

Finance: --------

Attachments: --=2 ""-pa'""'g"'"es;;...._ __ _

Agenda Item#: -~=.J:::.-..--=Council Date: _ _.,~,_ ..... .......,_tf_--=~-1~-

29

FISCAL IMPACT: Replacement of the city seal on vehicles, stationery, business card and other items will be phased in as needed during the current fiscal year. The logo will be placed on newly purchased vehicles, clothing and stationery. Budget requests for remaining items will be made within the upcoming budget process.

BOARD RECOMMENDATION:

STAFF RECOMMENDATION:

Finance: --------

Attachments: ....:2::...~P::::aoz..:ge::.::cs __ _

Agenda Item#: ------

Council Date: ----

30

CITY COUNCIL AGENDA ITEM INFORMATION

SUBJECT MATTER: CITIZENS' COMMUNICATION

COUNCIL MEETING DATE: APRIL 9, 2007 Agenda Item # 4

CITIZENS' COMMUNICATIONS- THIS TIME IS FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ISSUES AND ITEMS OF CONCERN, NOT ON THIS AGENDA. THERE WILL BE NO CITY COUNCIL ACTION AT THIS TIME.

Attachments - None Agenda Item#~

31

COUNCIL AGENDA ITEM SUBJECT MATTER/PROJECT: CONSENT AGENDA ORIGINATING DEPARTMENT: VARIOUS PRESENTER: VARIOUS COUNCIL DATE: APRIL 9, 2007 AGENDA ITEM #: 5 (A-L)

Item A

B

c

Descr~~tion APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING LOT 28A AND A 0.247 ACRE PORTION OF LOT 28B, MOUNTAIN VIEW ADDITION, LOCATED ON THE EAST SIDE OF WATER LANE SOUTH OF IH 35, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY DISTRICT WITH AN ADDITIONAL RESTRICTION.

APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 451 S. CASTELL AVE., TO BE KNOWN AS "THE DOWNTOWN TIETZE HAUS", AS A HISTORIC LANDMARK.

Source F. Robbins, Planning Director

Status Passed 151

reading on 3/26/07 unanimously.

F. Robbins, Passed 151

Planning reading on 3/26/07 Director unanimously.

APPROVAL OF THE SECOND AND FINAL READING OF AN F. Robbins, Passed 151


ORDINANCE REZONING A TOTAL OF 12.54 ACRES, INCLUDING Planning LOTS 3R AND 4R OF THE FRED SOEFJE SUBDIVISION AND Director LOTS 1A, 1B, AND 1C OF THE GEORGE SOEFJE SUBDIVISION, LOCATED ON FM 483 BETWEEN IH 35 NORTH AND FM 1101, FROM "APD AGRICUL TURAUPRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT", RESTRICTED TO THE PERMITTED USES IN "C-1A NEIGHBORHOOD BUSINESS DISTRICT", "C-1 B GENERAL BUSINESS DISTRICT", "C-2A CENTRAL BUSINESS DISTRICT", "C-4B RESORT FACILITIES DISTRICT", AND "C-0 COMMERCIAL OFFICE DISTRICT".

D APPROVAL OF THE SECOND AND FINAL READING OF AN F. Robbins, Passed 15

ORDINANCE REZONING 3.22 ACRES LOCATED AT 1704 Planning reading on 3/26/07 GRUENE ROAD, FROM "R-2 SINGLE AND TWO FAMILY Director unanimously. DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT" AND GRANTING A SPECIAL USE PERMIT FOR SHORT TERM OCCUPANCY OR RENTAL".

E APPROVAL OF THE SECOND AND FINAL READING OF AN F. Robbins, Passed 151

F

ORDINANCE REZONING LOTS 2 AND 3, UNIT 3, HIGH POINT Planning reading on 3/26/07 SUBDIVISION LOCATED AT 1529 FM 306, FROM "APD Director unanimously. AGRICULTURE PRE DEVELOPMENT DISTRICT-INTERIM" TO "APD AGRICULTURE PRE DEVELOPMENT DISTRICT", TO BE RESTRICTED TO THE SINGLE FAMILY AND RELATED AGRICULTURAL ACCESSORY USES.

APPROVAL OF THE SECOND AND FINAL READING OF AN F. Robbins, ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF Planning ORDINANCES BY ADDING A NEW SECTION 126-41 Director AUTHORIZING THE TEMPORARY CLOSING OF PUBLIC STREETS FOR EVENTS AND THE TOWING OF VEHICLES LEFT

Passed 15


32

IN THE CLOSED AREAS AFTER AT LEAST FOUR HOURS OF NOTICE TO REMOVE SAME.

G AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A CONTRACT WITH HALFF ASSOCIATES FOR DESIGN SPECIFICATIONS FOR PARK IMPROVEMENTS AT HINMAN ISLAND AND PRINCE SOLMS PARK, INCLUDING FENCING AND GATEWAY ENTRIES.

H APPROVAL OF THE PURCHASE OF GREEN WASTE BAGS FOR RECYCLING FROM DUROBAG MANUFACTURING COMPANY.

I APPROVAL OF THE PURCHASE OF A FORKLIFT FROM TEXAN MACHINERY UNDER THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENT CONTRACT.

J DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING PRESIDING JUDGES AND ALTERNATE JUDGES FOR THE REGULAR AND SPECIAL CITY ELECTIONS TO BE HELD ON MAY 12, 2007, IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS ELECTION CODE.

K DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, CANCELLING THE GENERAL ELECTION TO BE HELD ON MAY 12, 2007 FOR DISTRICT ONE COUNCILMEMBER AND DECLARING RICHARD ZAPATA AN UNOPPOSED CANDIDATE.

L CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS ESTABLISHING FEES FOR PROCESSING REQUESTS FOR ECONOMIC DEVELOPMENT INCENTIVES.

attachments: yes

S. Laird, Parks See Briefing Sheet & Rec. Director

M. Quinones, Sanitation Purchasing Mgr.

M. Quinones, Sanitation Purchasing Mgr.

M. Resendez, Required by Texas City Secretary Election Code

M. Resendez, Authorized by TEC City Secretary when candidate is

unopposed.

P. Isham, See Briefing Sheet Interim City Atty

Agenda Item#: 5(A-L) Council Meeting: 4/09/07

33

COUNCIL AGENDA ITEM

SUBJECT SECOND READING OF AN ORDINANCE REZONING 3.147 ACRES ON MATTER/PROJECT: WATER LANE, SOUTH OF IH 35

ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK ROBBINS

COUNCIL DATE: APRIL 9, 2007 AGENDA#:

AGENDA CAPTION: SECOND AND FINAL READING AN ORDINANCE REZONING LOT 28A AND A 0.247 ACRE PORTION OF LOT 288, MOUNTAIN VIEW ADDITION, LOCATED ON THE EAST SIDE OF WATER LANE SOUTH OF IH 35, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT", WITH AN ADDITIONAL RESTRICTION.

APPLICANT/OWNER: Applicant/owner:

BACKGROUND:

Charles E. Winkle 21 Prestonwood New Braunfels TX 78130

Council held a public hearing on this item on March 26, 2007, and directed staff to amend the ordinance to ensure that there could be no direct access, driveway or road from development on the property to Loma Vista Street.

The attached ordinance reflects the requested change.

U:\Pianning\CCagenda\ZoneChgs&SUP\Winkle R-3L 2nd rdg.agd.doc

Finance:-----=~-Attachments: 7"

Agenda Item #: _..S~-=(!=-....:.} __ _ Council Date: _A'-"p'-'-ri_l 9'-'-, _20;_:.0-'--7 __ _

34

ORDINANCE NO. 2007-

AN ORDINANCE REZONING LOT 28A AND A 0.247 ACRE PORTION OF LOT 28B, MOUNTAIN VIEW ADDITION, LOCATED ON THE EAST SIDE OF WATER LANE SOUTH OF IH 35, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT", WITH AN ADDITIONAL RESTRICTION.

WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of

notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and

WHEREAS, in keeping with the spirit and objectives of the "R-3L Multifamily Low Density District",

the City Council has given due consideration to all components of said districts; and

WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts

and proposed land uses; and

WHEREAS, the City Council desires to amend the Zoning Map by changing the zoning of Lot 28A and

a 0.247 acre portion of Lot 28B,Mountain View Addition, located on the east side of Water Lane, South of IH

35, from "R-2 Single and Two Family District" to "R-3L Multifamily Low Density District" with an additional

restriction, now, therefore;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS:

SECTION 1

THAT Sections 1.2-1 and 1.2-2, Chapter 144 of the New Braunfels Code of Ordinances and

particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described

tract of land from "R-2 Single and Two Family District" to "R-3L Multifamily Low Density District" with an

additional restriction:

"Being Lot 28A and a 0.247 acre portion of Lot 28B,Mountain View Addition, located on the

east side of Water Lane, South of IH 35, as described on Exhibit "A" and shown on Exhibit

UBII.

SECTION 2

THAT, the Zoning Maps of the City of New Braunfels be amended to indicate the zoning district as

"R-3L" (r77). The (r77) shall mean with an additional restriction.

SECTION 3

THAT, in accordance with Section 2.1-3, Chapter 144, Zoning, of the Code of Ordinances, the following

additional restriction shall be considered as an amendment to the zoning ordinance for the property described

in Section 1 of this ordinance:

1. There shall be no direct access, driveway or road from development on this property to Lama Vista

Street.

Page 1

35

SECTION4

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or

repealed shall remain in full force and effect.

SECTION 5

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent

that they are in conflict.

SECTION 6

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided

that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

SECTION 7

THIS ordinance will take effect upon the second and final reading of same.

PASSED AND APPROVED: First Reading this the 261h day of March, 2007.

PASSED AND APPROVED: Second Reading and Final Reading this the gth day of April, 2007.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

PAUL ISHAM, Interim City Attorney

U:\Pianning\Ordinances\Zone Changes\Winkle R-3L.ord.doc

Page 2

36

FIELD NOTES FOR

A 0.247 ACRE TRACT

Being a 0.247 acre tract of land situated io. the City ofNew Bram1fels, Comal County, Texas, being a part of Lot 28B, Mountain View Additio.n, recorded in Volume 15, Page 220 of the Map and Plat Record ofComal County, Texas, and all bearings referred to .in this description. are referenced to a bearing ofN 51 ° 19~ 00"' E between .iron p.i.ns found along the Southeast line of Lot 37R, Block 2, Mountain. View Addition, recorded in Doc# 2006060.15922 of the Map and Plat Records of Coma) County, Texas, said 0..247 aere tract ofland being more particularly described a.c:; fo11ows:

BEGINNING: At a W' iron pin found for the South co.met of said Lot 37R, situated on the Northwest line of the above referenced Lot 28B, for the North corner of this tract;

THENCE: Severing the above referenced Lot 28B. S 35° 56' 07" E 201.91 feet to a W' iron p.in. set on. the Southeast line of the above referenced Lot 28B, same being a Northwest line ofLot 2, Block 1, N & M Subdivision..recorded in Volume 8~ Page 162 ofthe Ma.p and Plat Records of Com.al CoWlty, Texas, for the Ea....q comer of this tract;

THENCE: With the Southeast line of the above referenced Lot 28B, the Northwest line of said Lot 2, S 42° 04' 32" W 52.75 fuetto a W' iron pin found in same, for the East comer of Lot 28A, MoWltain View Addition (1.5/220), the South co.r.ner of the above .referenced Lot 28B, for the South comer of this tract;

TIIENCE: With the Northeast line of said Lot 28A, the Southwest line of the above referenced Lot 28.B, N 36" 17' 23" W 210.34 feet to a Yz" iron pin found on the Southeast line of Lot 36R, Mountain View Addition (Doc# 200606015922), fo:r the North comer of said Lot 28~ the West comer of the above referenced Lot 28B, for the West comer of this tract;

THENCE: With the Sotr.heast line of said Lot 36R, N 51 o 19' 00" E 52.97 feet to the Point of Beginning and contain:i.ng 0.247 acres ofland, more or less.

EXHIBIT "A"

m >< :I: -txJ =i

~

~ ~

~ ~

;:

.......... lfv-rwM ~Inc.

O.IJOJl A/1. IXICI RDDtOSfJSIIIOI

IIOUNJ'AJN V/&11 ADDtrlON VOL. 46, PC. f8/J

DEED BBGQIIIJS

I I I CX>MA.L CO !'If~"'. 'I' EX AS.. I

:IIEIUJHDI'R / BIIUJNDUI: 1WiUHDE11/ RZIUJNDJ:R /~WUINDEII ,' RJJljJNDBR I 1 or sol oT sa or 111 oF $1 oF ao cr. IJI 1 1 I llillthl -' I JWV(n I I :..f" l..J~~~~ ~ JS:,,}ftmf f I -· Jr. "'"'"m I I tl(uo;Y ~oea04HsL~I'IIl' ~.1 (488/rs) /~nolo• f I 1 1 F'"aeo.ro'"'1 Jf9VOBOtosrlll

SCALE: 1" ==100'

·/· I

I I I I I I I 1--------1 I I I I I f

1 1 I N 6Nh.,·s tus.~4' 1

.rDI 1!5 I

14'tJ 14i).Ba'

::.·1

~-I~ li

j.

::l tm 2'/R 11 ~·

lot ::! ua "'"- h ~I

406.1(1"

BLOCK -2-

MDUN'tAJN Vl&lf ADDI'I'ION Jbc1 20080BOt69Jl2

LOT 36R t.?BS ACRIS

jg ~ N H'OZ'89"E ~j:r.:i ~ l. ar.zs· ~~~·

649.68'

IIOUN!'AIN VIEif ADDITION VOL. 16, JlC. .I!BIJ

~28A

SUB:fEG\

::.: ~ 1.0'1' 3?B I' . 1 o.-tss JC. I!

N 5rt9.'JJb" E ur.61' ,1 t/2" IPF a,:!J'!1.· 1/Z' IPF

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s 4t:o~iz·w 52- 1

~ ~ ~

~ s H~YNis NORTF[

Re:lllnmoe Field notes d4ted .Alb. 8, 200'1, of this 0.247 <I.Cft! tniCt.

BLK. t I LOr 2 N lc Jl BUBDIVSION 8/182

Th.tB fllat was prepa.relt for Rezoning puf1»sn.

UJ't'S

4'*'

07082

s::.:~ ;~ "I

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38

ORDINANCE NO. 2007-__ _

AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 451 S. CASTELL AVENUE, KNOWN AS THE DOWNTOWN TIETZE HAUS, AS A HISTORIC LANDMARK ACCORDING TO CHAPTER 66, ARTICLE Ill, AND AMENDING THE ZONING MAP.



WHEREAS, this structure has been recommended for historic designation by the owner, the Historic

Landmark Commission, and the Planning Commission; and

WHEREAS, the City Council wishes to protect this structure as a part of the heritage of New

Braunfels for future generations; and

WHEREAS, the City Council desires to amend the Zoning Map by designating the suffix "HL" in

addition to the conventional zoning designation established by the zoning ordinance; now, therefore;


SECTION 1

THAT the following described structure is hereby designated as a Historic Landmark in accord with

the provisions of Chapter 66, Article Ill of the Code of Ordinances of the City of New Braunfels, Texas:

"The structure located at 451 S. Castell Avenue and known as the Downtown Tietze Haus".

SECTION 2

THAT the above structure is hereby restricted as to the amount or method of change, construction, or

demolition that can take place in accord with Chapter 66, Article Ill of the Code of Ordinances of the City of

New Braunfels.

SECTION 3

THAT the above described structure is hereby entitled to all rights and privileges that are accorded to

historically designated structures or sites, or which may be accorded those structures or sites in the future.

SECTION 4

THAT, the zoning map is amended by designating the tract the subject structure is located upon, to

add "HL".

1

39

SECTION 5



SECTION 6



SECTION 7



PASSED AND APPROVED: Second Reading this the gth day of April, 2007.

ATTEST:




U:\Pianning\Ordinances\Historiclandmarks\Tietze Haus.ord.doc



2

40

ORDINANCE NO. 2007-

AN ORDINANCE REZONING A TOTAL OF 12.54 ACRES, INCLUDING LOTS 3R AND 4R OF THE FRED SOEFJE SUBDIVISION AND LOTS 1A, 1B, AND 1C OF THE GEORGE SOEFJE SUBDIVISION, LOCATED ON FM 483 BETWEEN IH 35 NORTH AND FM 1101, FROM "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT", RESTRICTED TO THE PERMITTED USES IN "C-1A NEIGHBORHOOD BUSINESS DISTRICT", "C-1B GENERAL BUSINESS DISTRICT", "C-2A CENTRAL BUSINESS DISTRICT", "C-4B RESORT FACILITIES DISTRICT", AND "C-0 COMMERCIAL OFFICE DISTRICT".



WHEREAS, in keeping with the spirit and objectives of the "M-1A Light Industrial District", the City

Council has given due consideration to all components of said district; and



WHEREAS, the City Council desires to amend the Zoning Map by changing the zoning of Lots 3R and

4R of the Fred Soefje Subdivision and Lots 1A, 1 B, And 1C of the George Soefje Subdivision on Exhibit A

from "APD Agricultural/Pre-Development District" to "M-1A Light Industrial District" with restrictions; now,

therefore;


SECTION 1



tracts of land:

"Being Lots 3R and 4R of the Fred Soefje Subdivision and Lots 1A, 1B, And 1C of the

George Soefje Subdivision as shown and described in Exhibit A from "APD Agricultural/Pre

Development District" to "M-1A Light Industrial District" with restrictions".

SECTION 2

THAT, the Zoning Maps of the City of New Braunfels be amended to indicate the zoning district as M-

1A (r75). The (r75) shall mean with additional requirements.

SECTION 3


additional restriction (r75) shall be considered as an amendment to the zoning ordinance for the property

1

41

described in Section 1 of this ordinance:

1. Land Use: Land use shall be restricted to any use permitted in the following commercial districts: "C-

1A Neighborhood Business District", "C-1 B General Business District", "C-2A Central Business

District", "C-4B Resort Facilities District" and "CO Commercial Office District".

SECTION 4



SECTION 5



SECTION 6



SECTION 7



PASSED AND APPROVED: Second and Final Reading this the 91hday of April, 2007.


R. BRUCE BOYER, Mayor ATTEST:




P:\Ordinances\Zone Changes\Creekside M-1A 12ac (r60).ord.doc

2

m :>< ::J: -m =i )>

I! r·

~ ~ il i ; • ~ ~

II

~ <' :lf\':dl. ' ~~ . .

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"'"' ,, ~---~ ~ :1;1,860'

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TRACT VIII

~~N'fe~KNUH OfED ,PG.3t1

CONAL :coRDS OF I :VOL~ ACRES IN l ~·~~ r . ' .. - --- ·- -

F.JI. 483 (60' R/CHT-OP;:;::;:----------=S"E 681.30'->"AY) o '

lOT:lR FRED :JOEFJE SU80M810N

VOLR PG.'It1 (MPAC.C.TJ

)g

~

0

MICHEAL SCO'n TURNER AND RICHAAO LEE ,.....,. REMAINDER Of 5U& ACRES

oop.#20010e01GI27 OFFICIAL RECORDS OF COt.tAl. COUNTY, TeXAS

'·':·:;.·

L I

+~

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li ' i ® i J~l ~

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g~~~ ~~~~ ~ ~

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" ~ 0 100 200

LEGEND

------"" Q.P.RC.C.T.

MP.RC.C.T.

G)

0 0 0 ®

0

~PU8UCRECOADS OFCOIMI.COIJH'YY,T£X,o.S

IW' .. PLI.TR[C000$01' COWAt. COUNN, TOO$

LOT 3R, FRED SOEFJE SUBDIVISION (VOL 11 PG. 244, M.P.R.C.C.T.) :5.56 AC.

LOT 4R, FREO SOEFJE SUBOMSION (VOL 11 PG. 244, M.P.R.C.C.T.) 3.01 AC.

LOT lA, GtORGE SOEFJE SUBOMSION (VoL 5 PC. 210, M,P.R.C.f' .. ' 2.07 AC.

LOT 18, CEORGE SOEFJE .>ION (VoL 5 PG. 210, r.t.P.R.C.L.. 1.991C..

LOT 1C. GEORGE SOEFJE SUBOMSION (VOL 5 PC. 210, M.P.R.C.C.T.) 1.91 AC.

~ N

;r

~ 10' 200

~ ~CJ· ~~ ~ (/}''

,~ ~~ ~,.,..

~

TRACT 3 (4.56 AC.)·

• .:to

OJ..,~ :.{

i><V lOT1A " . GEORGE SOEFJE

SUBDIVISION GREGORY J. OETKEN AND WIFE DONNA L. OETKEN VOL 685, PAGES 462-465

3 AND 4, FRED SOEFJE SUBDIVISION AS RECORDED .AT RECORDS OF COMAL COUNTY, TEXAS AND ALSO •NTONJO MARIA ESNAURIZAR ELEVEN LEAGUE GRANT. . .

GENERAL NOTES:

~· N

I

SCALE IN FEET

u· 0 50 100 200 0~ ~

SCALEo t• • 100' - ~ ~'

~~<(') cB' ~<QQ e,O~J>.q, ~tar/j~

"~«~,Po {P r"ii~ ~ f.l. ~v ~'f- ~~

~ 0 ~~' ~~~ 4ft~~~'"'"' / 6., LOT 3R ~ ~v '+-~~ (3.554 AC.)

~ET Kl JAMES SOEFJE IliON PIN

VOL 98, PAGES 379-~81

A REPLAT SHOWING:

,.,

~'b'!, . ~OJ

.~~ {>~

LOT1A

~~ Atq·~

SET li' "\~ Pllt ':1

GEORGE SOEFJE SUBDIVISION

GREGORY J. OETKEN AND WIFE DONNA l. OETKEN VOL 685, PAGES 462-465

6.554 ACRES OF LAND BEING DESIGNATED AS LOTS 3R AND 4R OF THE FRED SOEFJE SUBDIVISION COMAL COUNTY. TEXAS, AND BEING A VACATE AND REPLAT OF TRACTS 3 AND 4 OF THE FRED SOEFJE SUBDIVISION. COMAL COUNTY, TEXAS

1. BASIS OF BEARINGS WAS ESTABLISHED BETWEEN MONUMENTS ALONG THE t.•.and SOUTHWEST RIGHT OF WAY LINE OF F.M. NO. 4R3. IR~F~R~Nr.~ R~ARTNC. ~ 44'34'nn" Fl

~ w

Mop-------.,.., ~ /

/

iose nairu; is subscribed

ted agent 1 acknpwledg6d

· and dedicates ta the use ks, water courses, i:l~oins, ·r purposes and considerations ·uti/ties ,an' aerial easement,

·eets, and ex tending up iva rd

'personally appeared

ne to be the person whose nt, on acknowledged to s and considerations >fated. Given under my

• • · · ~ A.D 1978 ,, . ,·

/

/

44 . 'RESUBDIVISION L-AT

Showing.' Lots l A, I Band I C, George Soefje

Subdivision~ Sul(d No.7 of theA. M Esnauriiar

Eleven League Gront..z Coma! County, texas. / ~~.. ';;."~<~ . ·· .. '-. ·-s- ,.., ~... .

.. ~ -~ "'<" ·"' ·,, {5'0' ~~-~:...'~"' "'· ....... ~A: q, '!>..-: -~

'19 c, ~f' •

iS'_y ··••• •. ,"'-••

_,/

././

/

/ /

/// /

/

// ..

/

//' .··"'/

// i..DT/3 /

10' strip dedicol8d feN: slreel

/

.. /··

/

/1! OJ ·- O/·· ~ t\ 'C:6u..b ·,0 ~ s \on.. \ 0~

~~~~~l(\oG~o C:() e. be; e-\!) e 6cJb<: L.cf11

~\\AJ ? ~oJ

Co\~ I Raymond Dieter!, R. P S. 1868, do hereny certify that this plai represents o

:rue and. correct subdivisiOn of George Soefje Resubdivis.bnoflot I , as survey

under mj' supervision on the ground.

~-'~/)~ ~nd Dieter! If. P. S. 1868

Sworn to ~nd subscribed before me this /{t, day of ~Jvu44j-. A.

c;:. . . . .

This pial was appro:,-ed by the City Planning and Zoning Ccmmissicn on '1 n . ., ,. ·-- . . . . .. ~""\.t.. ,.,_., 7 ·! J5j_ and is hereby approved for !he C!ly (;ouncil of,

I ; . . . :;:'_ /. tne Cil/ o.' New Brour.fels, Texas, this t.'le ~' 7 dayof .. &V~··-"--"-'·.1 .

. - r

' ~YJ~ J~,'4:o_:;:;s·.,_,<-,_,T~· ___ _

45

ORDINANCE NO. 2007-

AN ORDINANCE REZONING 3.22 ACRES LOCATED AT 1704 GRUENE RD. FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT"; AND GRANTING A SPECIAL USE PERMIT TO ALLOW AN EXISTING SINGLE-FAMILY HOME TO BE USED AS A DAILY OR WEEKLY RENTAL.

WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public

hearing as required by the Zoning Ordinance of the City of New Braunfels; and

WHEREAS, in keeping with the spirit and objectives of the "R-3L Multifamily Low Density District", the City


WHEREAS, in keeping with the spirit and objectives of a Special Use Permit, the City Council has given due

consideration to all components of said permit; and

WHEREAS, the City also recognizes that granting such a permit is possible while promoting the health, safety,

and general welfare of the public, by providing harmony between existing zoning districts and land uses; and

WHEREAS, it is the intent of the City to ensure for the health, safety and general welfare of the public by

providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district; and

WHEREAS, the City Council desires to amend the Zoning Map for 3.22 acres located at 1704 Gruene Rd., from

"R-2 Single and Two Family District" to "R-3L Multifamily Low Density District", and granting a Special Use Permit; now

therefore,


I.

THAT Sections 1.2-1 and 1.2-2, Chapter 144 of the New Braunfels Code of Ordinances and particularly the

Zoning Map of the City of New Braunfels, are revised by amending the following described tract of land, from "R-2

Single and Two Family District" to "R-3L Multifamily Low Density District"; and granting a Special Use Permit:

"Being 3.22 acres located at 1704 Gruene Rd." as shown on Exhibit "A".

II.

THAT the property will be used as a daily/weekly rental facility under the following condition which is hereby

made as part of this ordinance:

1. Special Use Permit. For one or two family unit dwellings, there shall be no building additions or additional

buildings without an amendment to the Special Use Permit. The site plan Exhibit "B" is adopted as part of

this ordinance.

46

2. If more than three dwellings are placed on the property, the standards of the R-3L district shall apply.

Ill.

THAT the Zoning Maps of the City of New Braunfels be amended to indicate the previously described change.

IV.

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed

shall remain in full force and effect.

v.

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that

they are in conflict.

VI.

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all

other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

VII.

This ordinance will take effect upon the second and final reading of same.


PASSED AND APPROVED: Second and Final Reading this the 91hday of April, 2007.

ATTEST:




P:\Ordinances\Special Use Permits\Magee 3-07.ord.doc



10/31/2006 ~9:45 5123290167 47 LOUIS DROTT MTG SVCS

~ of tteG1'(ng ~ ~~ Norih. kft(l om Q/'3 Ob~~ici'M millen. OR tiM ·gro~

n.,.ttrrenae ~77WI'd tt1 Comal. Awtr CO. "~ ,,. V'ol. 51, Pq. 413'1.

R.,Jtirmcs fteld. 'fllt1tGll datoc! ~tolll!T .!6, .20()8, of ah-£. i. tlffll oon~ tNCt.

hlept as shoWn, thla S'~ hlle nat condUQt.d lf. fill6 ftttf'Oh. ~Jri.Qt aiM!' mMt'M'!J of 1Wc.Md. ft!Dh. M ~. ntb®l!•, 1"UU:'f"fbl!~~trr of1u!r •mi'UmbT'(LfW!ts tMt mav '"' m¢1/ '!tOt o.1Jtr1t th.U ~llm"'!u.

1704 0'T1U!"TW. JW~ New Bra.unjt1ls, Te~

PAGE 0:

061046

1

48

~-----------------------42'~· ------------------~

CAil.~o~1/

WNVBrz.TEo BEolZ0)\1

....._

Special Use Permit Standards Short Term Rental 1704 Gruene Rd.

/

I

Location of buildings: The existing single family home will be used with no additions.

Uses: Short Term Rental

Parking: A minimum of three parking spaces will be provided.

Access: Maintain usage of single lane gravel drivewayto parking area.

Sign: A monument sign of no greater than 8 square feet will be constructed.

EXHIBITS

49

~ ! )l

/ ·~ !J .- .... ---------....._ I ---·----~---' ----~-~---.--·-----------·--~----1 -·----~'·

______ _.. .• ·"J''"''~-~ .. ~-...... ,~ .. ~-- lf \ .-~ .•..... -.,_,.;. ~·~:.4----:-,~---~-"-''-'>:

' \ :~

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..... ~ ... ~.~~~:<:-'"''~

50

ORDINANCE NO. 2007-

AN ORDINANCE REZONING LOTS 2 AND 3, UNIT 3, HIGH POINT SUBDIVISION LOCATED AT 1529 FM 306, FROM "APD AGRICULTURE PRE DEVELOPMENT DISTRICT-INTERIM" TO "APD AGRICULTURE PRE DEVELOPMENT DISTRICT", TO BE RESTRICTED TO ONE FAMILY DWELLINGS, DETACHED, AND RELATED AGRICULTURAL ACCESSORY USES.



WHEREAS, in keeping with the spirit and objectives of the "APD Agriculture Pre-Development

District", the City Council has given due consideration to all components of said district; and



WHEREAS, the City Council desires to amend the Zoning Map by changing the zoning of Lots 2 and

3, Unit 3, High Point Subdivision on Exhibit A from "APD Agricultural/Pre-Development District"-interim to

"APD Agriculture Pre-Development District" with restrictions; now, therefore;


SECTION 1



tracts of land:

"Being Lots 2 and 3, Unit 3, High Point Subdivision as shown and described in Exhibit A from

"APD Agricultural/Pre-Development District"-interim to "APD Agriculture Pre-Development

District" with a restriction.

SECTION 2

THAT, the Zoning Maps of the City of New Braunfels be amended to indicate the zoning district as

APD (r76). The (r76) shall mean with additional requirements.

SECTION 3


additional restriction (r76) shall be considered as an amendment to the zoning ordinance for the property

described in Section 1 of this ordinance:

1. Land Use: Land use shall be restricted to one family dwelling, detached, and related agricultural

accessory uses.

1

51

SECTION4



SECTION 5



SECTION 6



SECTION 7



PASSED AND APPROVED: Second and Final Reading this the gth day of April, 2007.






P:\Ordinances\Zone Changes\Rodriguez FM 306 (r76).ord.doc

2

ELLA CLARA BRUEMMER WOHLFAHRT

REMAINDER OF 246.58 AC. (65/505 DEED RECORDS)

(29/247 PROBATE RECORDS)

I

I

I

HIGH POINT UNIT 2

' " "-.......

1" = 200"

rr1 )ct :I: ai =i ., ):i;

:t

" .... Q

'--..

tered Professional Land Surveyor in the '- . ·rtify that this p!at is true and ade ...... _ ..... ,..~·epared from a.n actual survey on the :z.de under my supervision and in compliance with City iurvey Regulations and Laws and made on the ground and -ner monuments were properly placed under my

.. ~7oo

?J 1--1

< ~ ?J

N

1'1 " ~ ~ , .. , ... ;1~~~:~.,, .. ,

LOT 3

( 10/363)

\<....._\~ oo fC::,J\r:..,, ~ ... ,..:.·:r~._ },. ~- ... "!:;.,_.:,

~-~"'f~~~~~~~-~

/

/

" /

" / /

" / /

/ /

" / <\ " - / -" / " " /

" y / \r

/ /

HIGH POINT UNIT 2 / LOT 2

/ (10/363)

/

/ /

/

/

..... ----~-~ •...

&&0

,/·

/

/

/ /

/ j/

/" / l

/ /

/

/ /

/

/ /

.... I

&&o .

/

/

S 63°07'03"E

/

.... ./ __ ..... ··· /

/ /

/

\ . R.O.W. I

\~ /' s 21,0 28

iZ5~·1

·~ I ' til '. ';r. ..... _ "(\),0 ~ \ ';C io\~ ~;,';!:>-

-, ~i....: ·~ 60"f. ... .-·-~-............. \ f t; \ (.

I 11 V' 1 c ! , ... '...J. \ ( '~ •• l't ~ I

I

/ /

\)

v<?-0/ <?-'?>\.

\~<t>Y " <i}'?

26.94' . S 38°39'58"E 125.00' //

/

-

LOT 2 28.526 ACRES

A=262.64' <i.l\ ' R=271 c,y

;S 33038'2~" .,_ CH- 4.7j)Y I .s: .- S o \._ 100.00'· "· gJ' ~1'35"W /

-----·. . .i \ 2.54 /' 'Z-s.x BLOCK - 1 -

-;, ~rot>.··. ~ ~oo / .\1'''' /i _t:>""- v

ft .0 .\'1 . r;;,'Oo \.'?) / /_( / "\/ /

/ , .,,,,o>D, ,~.· s '1"\ / ~ ro ·t·•. ,.,.,,, • .-<! .'ri()P,IY o ~nO_! _.....-j).~l)::'t"'>'

----13. For development directly adjacent to State right-of-way,

TxDOT shall not be responsible for adequate setback and/or sound abatement measure for future noise mitigation.

HIGH POINT V~ttit:3

14. Owner/Developer is responsible for preventing any adverse impact to the existing draina.qe system within the highway right-of -way.

/ (.Jl N

NOTES:

1. Plal prepared Oct

2 Contour Lines sho1 of a USGS Map a1

3. Iron pins set a.t a otherwise noted. I

4. Rejerf1nce R13a.rin!

5. This pro_ lies

6.

7.

8.

9.

City of New Brau City of New Brau

This property lies Aqv.ifer.

This property lies

According to the J

Pane! #465463 0 I dated 6/17/86. a

This pr~?e~ty wi!

53

COUNCIL AGENDA ITEM

SUBJECT MATTERJPROJECT: An Ordinance about Event Street Closure and Towing

ORIGINATING DEPARTMENT: Main Street PRESENTER: FRANK ROBBINS

COUNCIL DATE: April9, 2007 AGENDA#: 5(t)

AGENDA CAPTION:

Discuss and consider an ordinance amending Chapter 126 of the code of ordinances by adding a new section 126-41 authorizing the temporary closing of public streets for events and the towing of vehicles left in the closed areas after at least four hours of notice to remove same.

BACKGROUND:

At first reading, Council asked that a notice time frame for a towed vehicle be added. The ordinance has been amended to require at least four hours of notice before the vehicle may be towed.

RATIONALE:

From time to time motor vehicles are left parked in the areas that have been temporarily closed for a special event and such vehicles hinder the event activities thus creating a need for the vehicle to be towed away from the special event zone. Summary of Ordinance

• The Chief of Police or his/her designee is hereby authorized to close any public street or portion thereof to vehicular traffic and/or parking for any special event which includes the use of the area being closed.

• A person or entity requesting that a street or portion thereof shall make a written application for such closure to the City Secretary no less than thirty-five (35) days prior to the date of closure.

• Applicant must furnish liability insurance insuring the City of New Braunfels for any property damage or personal injury resulting from the event activities and/or the closing of the public street.

• No event shall exceed seventy two (72) consecutive hours of street closure. • It shall be unlawful for any person to park a motor vehicle within any public street or

portion thereof ordered temporarily closed by the Chief of Police or a New Braunfels Police Officer to park the motor vehicle within the closed area.

• A motor vehicle unlawfully parked within the temporarily closed area may be towed by order of a police officer provided that notice, either verbal or written, (for instance a notice on the windshield) has been given to the owner or driver of the motor vehicle prior to the removal of the motor vehicle.

FISCAL IMPACT:

None



U:\Common\Main Street transfer\AGENDA BRIEFING FORM - TOWING.doc

Finance: -----~---?~-Attachments: tL__

Agenda Item #: _ _,J~· (=JP::...-)~-Counc il Date: --=W,__"'...I£.9":;_..;.....:/)'-----1'2'-----

54

ORDINANCE NO. 2007-

AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 126 "TRAFFIC AND VEIDCLES" OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 126-41 AUTHORIZING THE TEMPORARY CLOSING OF PUBLIC STREETS FOR EVENTS AND THE TOWING OF VEIDCLES LEFT IN THE CLOSED AREAS AFTER NOTICE TO REMOVE SAME; PROVIDING THAT SUCH SECTION IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City ofNew Braunfels has the need to close certain public streets on a temporary basis for events; and

WHEREAS, sometimes motor vehicles are left parked in the areas that have been temporarily closed and such vehicles hinder the event activities; and

WHEREAS, the City desires to tow or have such vehicles towed after giving the vehicle owners notice that the vehicles need to be moved from the area being temporarily closed; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW . BRAUNFELS, TEXAS:

SECTION 1: That Chapter 126 "Traffic and Vehicles" is hereby amended by adding a new Section 126-41 "Temporary Closing of Streets for Events; Towing of Vehicles" that shall hereinafter read as follows:

Sec. 126M41. Temporary Closing of Streets for Events; Towing of Vehicles

(a) The Chief of Police or his/her designee is hereby authorized to close any public street or portion thereof to vehicular traffic and/or parking for any special event which includes the use of the area being closed. A person or entity requesting that a street or portion thereof shall make a written application for such closure to the City Secretary no less than thirty-five (35) days prior to the date of the closure. As part of the application process, the Applicant must furnish liability insurance insuring the City of New Braunfels for any property damage or personal injury resulting from the event activities and/or the closing of the public street. In no event shall such closure of a public street or portion thereof exceed seventy-two consecutive hours. The Chief of Police's authority under this section is discretionary.

(b) It shall be unlawful for any person to park a motor vehicle within any public street or portion thereof ordered temporarily closed by the Chief of Police unless the owner or driver of said motor vehicle has permission of the Chief of Police or a New Braunfels Police Officer to park the motor vehicle within the closed area. A motor vehicle unlawfully parked within the temporarily closed area may be

55

towed by order of a police officer provided that notice, either verbal or written, has been given to the owner or driver of the motor vehicle prior to the removal of the motor vehicle. A written notice to remove the vehicle that is placed on a parked motor vehicle either prior to the closing of a public street or after the public street is temporarily closed is prima facie evidence that proper notice has been given to the owner or driver of the motor vehicle.

SECTION 2: This Ordinance shall be cumulative of all provisions of ordinances of the City ofNew Braunfels, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances ate hereby repealed.

SECTION 3: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4: This Ordinance shall become adopted and effective ten (10) days after the date of publication in a newspaper pursuant to the Charter of the City of New Braunfels.

PASSED AND APPROVED: First reading this the 26TH day ofMarch, 2007.

PASSED AND APPROVED: Second reading this the 9th day of April, 2007.

ATTEST:



By: ___________ _

R BRUCE BOYER Mayor

56


PAUL C. ISHAM, Interim City Attorney

57

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Approval of contract with Halff Associates for Park Improvement Designs

ORIGINATING DEPARTMENT: Parks and Recreation PRESENTER: Stacey Laird

COUNCIL DATE: April9, 2007 AGENDA#: -....,..---({(;,)

AGENDA CAPTION: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A CONTRACT WITH HALFF ASSOCIATES FOR DESIGN SPECIFICAITONS FOR PARK IMPROVEMENTS AT HINMAN ISLAND AND PRINCE SOLMS PARK INCLUDING FENCING AND GATEWAY ENTRIES.

RATIONALE: City Council approved preliminary designs of fencing and gateways at Hinman Island and Prince Solms Parks. Council was also presented cost estimates for these projects which included administrative costs. Staff is requ~sting approval for the City Manager to enter into a contract with Halff Associates to prepare the schematic plans including a level layout design, a fencing schematic sheet, and engineering costs for the drainage swell improvements.

The level layout design will place the elements in an accurate plan view with coordinates that identify the location of the gate and key fencepost locations. These plans will place all elements shown in the concept drawings, not just the fencing. This will ensure that whatever portion of the fence that is built in the next three months is correctly place for future additions.

The fencing schematic sheet will specify strength, height, minimums for the footings and spacing parameters for the fence. The schematic will also address color and a mow strip option.

The repair of the drainage swell will require engineered drawings.

FISCAL IMPACT: The contract amount will be not to exceed $31,500. These cost estimates were shown in the presentation at the February 1ih Council meeting under the administration line item and were included in the overall estimates for the fencing project.



Finance: -------Attachments:

Agenda Item #: __ 5_·,.,._{G____,)"---Council Date: ~- 7 -!)_ 7

58

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: AWARD OF CONTRACT- GREEN WASTE BAGS

ORIGINATING DEPARTMENT: Finance PRESENTER:

COUNCIL DATE: April9, 2007 AGENDA#:

AGENDA CAPTION:

Mary Quinones

APPROVAL OF THE PURCHASE OF GREEN WASTE BAGS FOR RECYCLING FROM DUROBAG MANUFACTURING COMPANY.

RATIONALE: An Invitation for Bid (IFB) was issued February 21, 2007 for green waste bags. The IFB was opened on March 16, 2007 with one bid from DuroBag Mfg Co. Their pricing is $316 per thousand. The City may buy up to a maximum of 150,000 bags. If all 150,000 bags are purchased the cost totals $47,400. This was issued as a requirements contract, so the bags will be ordered as needed.

These bags are part of the expanded green waste program. Residents will no longer be required to purchase green waste bags from retail stores. Additionally, curbside delivery will internalize the distribution of the green waste bags within the Solid Waste Division and potentially increase the amount of green waste diverted from the landfill, allowing for cost savings in landfill disposal fees.

FISCAL IMPACT: This purchase is funded in the Sanitation Recycling Division Fund for FY 2006-07.

BOARD RECOMMENDATION: N/A

STAFF RECOMMENDATION: APPROVAL OF THE PURCHASE OF GREEN WASTE BAGS FOR RECYCLING FROM DUROBAG MANUFACTURING COMPANY.


Agenda Item #: .S {tl) Council Date: April 9, 2007

59

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: AWARD OF A PURCHASE TO TEXAN MACHINERY

ORIGINATING DEPARTMENT: Finance PRESENTER:

COUNCIL DATE: April 9, 2007 AGENDA#:

AGENDA CAPTION:

Mary Quinones

APPROVAL OF THE PURCHASE OF A FORKLIFT FROM TEXAN MACHINERY UNDER THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT.

RATIONALE:

The FY 2006-07 Adopted Budget funds the purchase of new vehicles (additions to the City's existing fleet). This includes a forklift for the Public Works Department - Sanitation Division.

The following table shows the cost for the vehicle and its projected delivery date.

Department Vehicle Unit cost Delivery Date Forklift with 22' Mast, Drive Tires

Public Works and Road Lights $47,677.49 Ready_ for delivery

This piece of equipment will be used in the Solid Waste Division's Service Center to move things around the shop and yard. A forklift would be used to help replace cylinders on top of vehicles, repair hopper tailgates, remove containers that would fall in the hopper of a front load vehicle, unload new containers, and move items around the yard. At times it is difficult to move items without any type of large lift and poses safety concerns.

FISCAL IMPACT:

The funds for this purchase are included in the FY 2006-07 Adopted Budget in the Public Works Department- Sanitation Fund. It is a budgeted expenditure.


N/A


APPROVAL OF THE PURCHASE OF A FORKLIFT FROM TEXAN MACHINERY UNDER THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT.


Agenda Item#: 6~) Council Date: April 9, 2007

60

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: RESOLUTION FOR APPOINTMENT OF ELECTION JUDGES

ORIGINATING DEPARTMENT: CITY SECRETARY PRESENTER: MICHAEL RESENDEZ

COUNCIL DATE: Apri19, 2007 AGENDA#: 5(J}

AGENDA CAPTION:

CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING PRESIDING JUDGES AND ALTERNATE JUDGES FOR THE REGULAR AND SPECIAL CITY ELECTIONS TO BE HELD ON MAY 12,2007, IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS ELECTION CODE.

RATIONALE:

In accordance with Texas Election Code, the Council must approve the Election Judges and their rate of pay. All these recommended judges have worked for us in the past and do an outstanding service to the City.

FISCAL IMPACT:

Budgeted expenditure

COMMITTEE RECOMMENDATION:

STAFF RECOMMENDATIONS:

Staff recommends approval of the resolution.

Finance: ------- Agenda Item #: -'5=--"(J:.(...) -----

Attachments: _y<..;:e.;;;..s ___ _ Council Date: _4.:....·9~·0::..:.7 ___ _

61

RESOLUTION NO. 2007 -R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING PRESIDING JUDGES AND ALTERNATE JUDGES FOR THE REGULAR AND SPECIAL CITY ELECTIONS TO BE HELD ON MAY 12, 2007, AND SETTING RATE OF PAY IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS ELECTION CODE.

WHEREAS, by Resolution Number 2007 -R05 , approved January 22, 2007 , the City Council set the date of May 12, 2007, for the Regular City Election to elect a Council Member from District 2; and

WHEREAS, by Resolution Number 2007, R14, approved March 12, 2007, the City Council set the date of May 12, 2007 for the Special City Election regarding a proposition to recall Ken Valentine, Councilmember District 6; and

WHEREAS, residents of New Braunfels have been contacted and have indicated they would be willing to serve as presiding judges and alternate judges during the General and Special Elections on May 12, 2007; and

WHEREAS, Sections 32.091 and 32.092 of the Texas Election Code, set forth the statutory requirements regarding the rate of pay for election judges and clerks.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

THAT the following residents of New Braunfels are hereby approved as presiding judges and alternate judges for the Regular and Special Elections on May 12, 2007, at the polling places and districts as herein listed.

EARLY VOTING: COMAL COUNTY COURTHOUSE, ROOM 104 Early Voting Judge: Bernice Martini, 2125 North Ranch Estates Boulevard Alternate Judge: Ray Martini, 2125 North Ranch Estates Boulevard

DISTRICT NUMBER TWO (2) - MEMORIAL ELEMENTARY SCHOOL Presiding Judge: Ray Martini, 2125 North Ranch Estates Boulevard Alternate Judge: Bernice Martini, 2125 North Ranch Estates Boulevard

DISTRICT NUMBER SIX (6) -FIRST UNITED METHODIST CHURCH Presiding Judge: Holly Mullins, 1224 Magazine Alternate Judge: Diana Aguirre, 251 W. Merriweather

THAT each presiding judge shall appoint qualified clerks to serve and assist in holding said elections; provided that if the presiding judge herein appointed actually serves, the alternate presiding judge shall be one of the clerks.

62

THAT a Special Canvassing Board shall be used for this election in relation to absentee voting and VERONICA SARKOZI of 171 Louisiana Avenue is hereby appointed Presiding Judge of the Special Canvassing Board for absentee voting.

THAT City Secretary MICHAEL A. RESENDEZ is hereby appointed Judge of the Central Counting Station;

BE IT FURTHER RESOLVED that as set forth in Sections 32.091 and 32.092 of the Texas Election Code, the rate of pay for election judges and clerks shall be Ten Dollars ($10.00) per hour of service, and the judge who delivers the election returns shall receive an additional Twenty-five Dollars ($25.00).

PASSED AND APPROVED this 9th day of April, 2007.


ATTEST: BRUCE BOYER, Mayor

MICHAEL RESENDEZ, City Secretary

63

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: RESOLUTION CANCELING THE GENERAL ELECTION IN DISTRICT 1

ORIGINATING DEPARTMENT: CITY SECRETARY

COUNCIL DATE: April9, 2007

AGENDA CAPTION:

PRESENTER;

AGENDA#:

MICHAEL RESENDEZ

5(K)

CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, CANCELLING THE GENERAL ELECTION TO BE HELD ON MAY 12, 2007 FOR DISTRICT ONE COUNCILMEMBER AND DECLARING RICHARD ZAPATA AN UNOPPOSED CANDIDATE.

RATIONALE:

As stated in the Resolution, filing periods have been completed for the General Election in District One. Mr. Richard Zapata was the only candidate that filed for position.

This resolution will cancel the election process in District One and the City Secretary is declaring Mr. Richard Zapata as the elected official, for a term beginning May 29, 2007 to May, 2010.

Mr. Zapata will be sworn in at the regular "ceremony" for District Two.

FISCAL IMPACT:

N/A



Staff recommends approval of the resolution.

Finance: Agenda Item #: _5=(k=-) ____ _

Attachments: _y~e~s ___ _ Council Date: _4-'--9"---0"""7 ___ _

64

RESOLUTION NO. 2007 -R.__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, CANCELLING THE CITY COUNCIL GENERAL ELECTION FOR COUNCILMEMBER, DISTRICT ONE CALLED FOR MAY 12, 2007, AND DECLARING THE CANDIDATE FOR CITY COUNCIL IN DISTRICT ONE ELECTED.

WHEREAS, by Resolution Number 2007R-05 dated January 22, 2007, the New Braunfels City Council called an election to be held on May 12, 2007, for the election to elect one Councilmember, District One, for a term ending May, 201 0; and

WHEREAS, the deadline for filing an application for a place on the ballot for the election to held on May 12, 2007, for the office of Councilmember District One was March 12, 2007, and the deadline for declaring a write-in candidacy for the election on May 12, 2007 for the office of Councilmember from District One was on March 19, 2007; and

WHEREAS, pursuant to Section 2.052 of the Election Code of the State of Texas, the City Secretary has certified to City Council that Richard Zapata is the one candidate for the office of District One Councilmember; and


THAT pursuant to Section 2.053 of the Election Code of the State of Texas, Richard Zapata is hereby declared elected to the office of District One Councilmember for the term beginning May 29, 2007 and which shall expire in May 2010; and

FURTHER THAT the election called for May 12, 2007 to elect a Councilmember from District One is hereby cancelled.

PASSED, ADOPTED AND APPROVED this 9th day of April, 2007.


BRUCE BOYER, Mayor

ATTEST:


65

CERTIFICATION OF UNOPPOSED CANDIDATE

by the City Secretary

TO: Mayor Bruce Boyer and Members of City Council:

I, Michael A. Resendez, certify that I am the City Secretary of the City of New Braunfels, Texas and the authority responsible for preparing the ballot for the May 12, 2007 General Election to fill the term of District One Councilmember. I further certify that no proposition is to appear on the ballot at the election, no person has made a declaration of write-in candidacy, and the following candidate is unopposed:

Richard Zapata

Signed on this the 20th day of March, 2007.

City Secretary, City of New Braunfels, Texas

66

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Fee for Processing Economic Development Incentives

ORIGINATING DEPARTMENT: Legal

COUNCIL DATE: April 9, 2007

PRESENTER: Isham

AGENDA CAPTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS ESTABLISHING FEES FOR PROCESSING REQUESTS FOR ECONOMIC DEVELOPMENT INCENTIVES

RATIONALE: The City has received several requests for economic incentives with regard to the development of land within or adjacent to the corporate limits. These requests require City staff to spend a considerable amount of time to analyze the requests. In addition, outside consultants are normally engaged by the City to assist with reviewing the requests. The resolution establishes a $25,000 non-refundable application fee for any person or entity applying or requesting economic incentives from the City of New Braunfels. In addition, the applicant would also reimburse the City for the reasonable fees and expenses incurred by the City through the hiring of outside consultants to assist with the review and analyzing the request.

The resolution allows the City to adjust the fee in the event that the applicant requests such an adjustment at the time it submits an application or request for economic incentives and the work and time involved does not warrant a $25,000 fee. Any adjustment would be discretionary by the City Council. In addition, the fee does not apply to economic development requests submitted to the New Braunfels Industrial Development Corporation.

FISCAL IMPACT: The City will receive a fee to offset the staff time and expense involved in reviewing and analyzing requested economic development incentives.

BOARD RECOMMENDATION: None

STAFF RECOMMENDATION: Staff recommends adoption of the Resolution.

Finance:~--~..-Attachments: 7

Agenda Item# 5 /?-) Council Date: q -t; -~ 7

I

67

RESOLUTION NO. 2007-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS ESTABLISHING FEES FOR PROCESSING REQUESTS FOR ECONOMIC DEVELOPMENT INCENTIVES

WHEREAS, the City of New Braunfels, Texas is experiencing growth within its corporate limits and extraterritorial jurisdiction; and

WHEREAS, various developers of property have approached the City in order to obtain economic development incentives to develop properties that qualify for such under the Texas laws, which may include but are not limited to tax increment reinvestment zones, public improvement districts, municipal management districts, municipal development districts, municipal utility districts, agreements under Section 380 of the Texas Local Government Code, tax abatements, and Texas Economic Development Act agreements; and

WHEREAS, the City must devote resources by its staff to review and analyze the requests for economic development incentives as well as negotiate agreements with developers in the event that the City is receptive to grant such incentives; and

WHEREAS, it is appropriate for the City to assess fees for the time and expense incurred by staff when Developers make a request to the City for economic development incentives; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

SECTION 1: That a non-refundable fee of Twenty-five Thousand Dollars ($25,000.00) is hereby established in connection with the filing of any application or request with the City of New Braunfels for economic development incentives by an owner, developer, or representative of an owner. In addition, the requester shall agree to reimburse the City for the reasonable fees and costs incurred by the City as a result of engaging outside attorneys and consultants to assist in review and analyzing the request and negotiating any agreements with the applicant. The applicant may be eligible for reimbursement of these fees and expenses from any economic development incentive granted provided that the City agrees to such reimbursement. Although the fee is non-refundable, the City may adjust the non-refundable fee provided that the applicant submits a request for an adjustment at the same time it submits an application or request for economic development incentives. This fee is not applicable to applications or request submitted to the New Braunfels Industrial Development Corporation.

SECTION 2: This Resolution shall become effective from and after the date of its passage.

40316475.2

68

PASSED AND APPROVED on this 9th day of April, 2007.


By: ________________________ _

R. Bruce Boyer, Mayor

ATTEST:

Michael A. Resendez, City Secretary

40316475.2 2

69

COUNCIL AGENDA ITEM

SUBJECT SECOND READING- REZONING OF 10.348 ACRES ON SH46 AND MISSION MATTER/PROJECT: VALLEY ROAD

~~~~~~-----------------------------------------ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK ROBBINS

COUNCIL DATE: APRIL 9, 2007 AGENDA#: t/1) AGENDA CAPTION:

SECOND AND FINAL READING OF AN ORDINANCE REZONING 10.348 ACRES ON SH 46 WEST, NORTH OF MISSION VALLEY ROAD, FROM "APD AGRICULTURAL/PREDEVELOPMENT DISTRICT" AND "R-1 SINGLE FAMILY DISTRICT" TO "C-0 COMMERCIAL OFFICE DISTRICT".

APPLICANT/OWNER: Applicant:

Owner:

BACKGROUND:

W. M. Norris 421 S. Seguin Avenue New Braunfels TX 78130

J.C. Long, Jr. and Charleen Long

City Council held a public hearing and first reading on this item on March 26, 2007.

Mayor Boyer abstained from all discussion and vote.

U:\Pianning\CCagenda\ZoneChgs&SUP\Norris-Mission Valley 2nd rdg C-O.agd.doc

Finance:---------

Attachments:

Agenda Item #: ---'":>..-..l(R:!OL.:...<)<----Council Date: _A'-"'p=ril:....::9-'-", 2=0.::...:07 __ _

70

ORDINANCE NO. 2007-

AN ORDINANCE REZONING 10.348 ACRES ON SH 46 WEST, NORTH OF MISSION VALLEY ROAD, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" AND "R-1 SINGLE FAMILY DISTRICT" TO "C-0 COMMERCIAL OFFICE DISTRICT".



WHEREAS, in keeping with the spirit and objectives of the "C-0 Commercial Office District", the City

Council has given due consideration to all components of said districts; and


and proposed land uses; and - -----·---·----~-

WHEREAS, the City Council desires to amend the Zoning Map by changing the zoning of 10.348

acres on SH 46 West, north of Mission Valley Road, from "APD Agricultural/ Pre-Development District" and

"R-1 Single Family District" to "C-0 Commercial Office District", now, therefore;


SECTION 1



tract of land from "APD Agricultural/ Pre-Development District" and "R-1 Single-Family District" to "C-0

Commercial Office District":

"Being 10.348 acres of land out of the Eduardo Hernandez Survey No. 454, located on SH 46

West, north of Mission Valley Road, as described on Exhibit "A" and shown on Exhibit "B".

SECTION 2



SECTION 3



SECTION 4



1

71

SECTION 5



PASSED AND APPROVED: Second Reading and Final Reading this the gth day of April, 2007.

ATTEST:






U:\Pianning\Ordinances\Zone Changes\Norris Mission Valley-SH46 C-O.ord.doc

2

TEXAS SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS

72 . S. CRAIG HuLLMIG, INC. CONSULTING ENGINEERS- SURVEYORS

410 No SEGUIN STREET NEW BRAUNFELS, TEXAS 78130·5085

TEXAS SURVEYORS ASSOCIATION TELEPHONE: (830) 625·8555 • FAX: (830) 625·8556

WATER SYSTEMS • SEWER SYSTEMS • SUBDIVISIONS • LAND PLANNING • STREETS • SURVEYING

FIELD NOTES FOR A 10.348 ACRE TRACT

Being a 10.348 acre tract ofland situated in the Eduardo Hernandez Survey No. 454, Abstract No. 263, Comal County, Texas, and being out of a tract of land called 76.664 acres described iii Doc# 9906007237ofthe Official Public Records of Comal County,. Texas, and all bearings referred to in this description are rotated to and referenced to a bearing ofN 44° 23' 33" E between iron pins found along the Southeast line of Lot 1, Long Ranch, recorded in Volume 13, Pagi 169 of the Map· and Plat Records ofComal

·County, Texas, said 10.348 acre tract of land surveyed:underthe supervision ofRichard A Goodwin, RPLS #4069, S. Craig Hollmig, Inc., and. being more particularly described as follows:

BEGINNING: At a P-K nail set at the intersection of the Northwest iine of Mission 0 Valley Road, with the Southwest line of State Highway 46, for the most Easterly comer of the above referenced 76.664 acre tract, for the East corner and Point ofBegiilning of this tract~ · 0

•

0

•

. THENCE: Alon~the Northwest line of Mission Valley Road,othe Southeast line of the

. above referenced76.664 acre tract, S 34° 40' 12" W 90.0 feet to a W' iron pin found and S 24° 53' 58;' W 199.48 feet to a W' iron pin set in same, for the East comer ofatra9t of land called 24.71 acres described in'Doc# 200206009080 of the Official· Public Records ofComal County, Texas, for the Southeast corner of this tract;

TIIENCE: Severing the above referenced 76.664 acre tract, along the Northeast line of said 24.71 acre tract, N 66° 05' 57":w 1105.70 feet to a Yz" iron pin found in same,. for the Southeast corner of said Lot 1, Long Ranch, for the West corner of this tract;

THENCE: N 44° 23' 33" E 614.58 feet to a Yz" iron pin found in the Southwest line of State Highway 46, for the East com~r of said Lot 1, Long Ranch, for the North comer of this tract;

THENCE: Along the Southwest line of State Highway 46, the Northeast li.ile of the above referenced 76.664 acre tract, S 48° 33' 45" E 955.24 feet to the Point ofBeginning and containing 10.348 acres of land, more or less.

ey made under ofthis 10.348

\r.J'--'

EXHIBIT "A"

Reference field notes dated 4/12/2002 of this 10.348 acre tract.

This plat was prepared without the benefit 9! a Title Report. There may be easements, restrictions, etc., ajjectirig this prope?"ty that are rwt shown hereon.

CALLED 24.71 ACRES (DOC# 200206009080)

\

73

LEGEND FENCE POSTS .UAY MEANDER B.L.- BUILDING SA'TBACK UNE U.E.- UTIUTY EASEJIENT D.E.- DRAINAGE EASEMENT J.P.S.- IRON PIN SET TAGGED 4069 J.P.F.- IRON PIN FOUND --~--FENCE --E -- ELECTRIC LINE -0

S -- SERVICE LINE · INDICATES TREE

Scale: 1" = 200'

'Z. 0) 0)

0 01

01

"'I ~

._.. 0 ~ ....:t 0 .

LOT 1 LONG RANCH (13/169)

I I I I

- -···/>/. I +-. I ."'"-

10.348/ ACRES I I

~I :::jl ~ I [::JI ~I ,'-i!<'l

s~~ t.;.,f-

f'<llil ----....3oo.o_ ~;;I --- (<:'<) ~~I .. ,'J

~I /fl !!] I

I I I I I I I

Z4'53'fi8" 199.48

MISSION VALLEY RD.

Being a 10,348 acre tract of land situated in' the Eduardo Hernandez Survey No. 454, Abstract No. 263; Cortiai County, Te:tds, and being out of a tract called 76.664 acres described in Doc# 9906007237 of the Official Public Records of Carnal County, Texas.

STATE .OF TEXAS COUNTY OF COJIAL

S. CP.AIG IlOLLJIIG JNC 4f0 N. SEGUIN

NEW" BRAUNFELS TEXAS 78f30 (830) 625-8565

I HEREBY CERTIFY TO TilE BEST OF NY KNOYI'LEDGE AND BELIEF THAT THE ABOVE PLAT IS ... TRIIE. AND CORRECT ACCORD!Jro TO AN ACTUAL SURVEY· JlADA' ON THE GROUND UNDER JlY SUPERVISION AND THAT ALL OBSERVABLE EVIiJEiir:E OF EASEMENTS ON THE GROUND ARE SHOW"N AND ALL OBSERVABLE ABOVE GROUND EVIDENCE OF BUILDINGS STRUUTURES AND OTHER IJIPROVE.UENTS SmiATED ON THE ABOVE PRE.UISES ARE SHOWN

02-216

EXHIBIT "B"

74

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT:

SECOND READING- REZONING OF LOT 1C, GREENWAY PLAZA

ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK ROBBINS


AGENDA CAPTION: SECOND AND FINAL READING OF AN ORDINANCE REZONING LOT 1C, GREENWAY PLAZA, LOCATED ON IH 35 SOUTH, AND SOUTH OF RUECKLE ROAD, FROM "APD AGRICUL TURAUPREDEVELOPMENT DISTRICT" AND "C-3 COMMERCIAL DISTRICT" TO "M·1A LIGHT INDUSTRIAL DISTRICT".

APPLICANT/OWNER: Current Owner(s):

BACKGROUND:

Green Enterprises, Ltd. 228 S. Seguin Ave. New Braunfels, TX 78130

City Council held a public hearing and first reading on this item on March 26, 2007.

Council Member Krueger abstained from all discussion and vote.

U:\Pianning\CCagenda\ZoneChgs&SUP\Green Enterprises 2nd rdg M-1A.doc

Finance: ------~ Attachments: 7

Agenda Item#: -={p""--""{.iJ ... ""'~---council Date: _A'-"'p=ri1:...::9-'-", 2o..;;.0.;;..:.07 __ _

75

ORDINANCE NO. 2007-

AN ORDINANCE REZONING LOT 1 C, GREENWAY PLAZA, LOCATED ON IH 35 S AND SOUTH OF RUECKLE ROAD, FROM "C-3 COMMERCIAL DISTRICT" AND "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT".



WHEREAS, in keeping with the spirit and objectives of the "M-1A Light Industrial District", the City




WHEREAS, the City Council desires to amend the Zoning Map by changing Lot 1 C, Greenway Plaza,

from "C-3 Commercial District" and "APD Agricultural/Pre-Development District" to "M-1A Light Industrial

District"; now, therefore;


SECTION 1

THAT Sections 1.2-1 and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and


tract of land from "C-3 Commercial District" and "APD Agricultural/Pre-Development District" to "M-1A Light

Industrial District":

"Lot 1 C, Greenway Plaza, as delineated on Exhibit "A".

SECTION 2



SECTION 3



SECTION 4



1

76

SECTION 5



PASSED AND APPROVED: Second and Final Reading this the gth day of April, 2007.






U:\Pianning\Ordinances\Zone Changes\Green Enterprises M-1A.doc

2

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ON THIS JILAT, AND D~:HCINATtD tti£MIN ,. :xa, AJIIII WHOSE NAil£ II SU8SICIII8ED

DEDICATE TO THE UU or THE PU8LIC

IS, EASIM!NTI, AND I'UILIC PL ICES

ION 'ftf!'llriN IEJI'P.I!SUO. TNI!IIE IS

1L EASE.-:NT ,¥1[ JI'I!'ET ON UCN 3JH

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10.665 AC.

RESUBDIVISION PLAT OF LOTS lA, 18, a IC

GREENWAY PLAZA

Being 26.483 acres of land situated in the John Thompson Survey No. 21

and being the same tract of land, c<:~J led Lot I, Greenway Plaza~ as

recorded in Volume 6, Page 112 of the Map and Plat Records of Comal County, Texas.

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78

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Resolution Approving $2.5 million park bonds and reimbursement

Resolution.

ORIGINATINGDEPARTMENT: Legal/Finance PRESENTER: Matt Harrison/Debi Korinchock

COUNCIL DATE: April 9, 2007

AGENDA CAPTION:

AGENDA# __ -=6<~C~l ______ __

DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO FUND PARKS PROJECTS WITH A $2.5 MILLION CERTIFICATE OF OBLIGATION AND CONSIDERATION AND APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.

RATIONALE: The New Braunfels Industrial Development Corporation ("IDC") conducted a public hearing and recommends to the City Council that a 1 0-year $2.5 million certificate of obligation be issued by the City to fund the construction of the following park capital improvements: (1) Landa Park Spring Fed Pool Repairs, (2) Golf Course Irrigation and Greens Replacement, (3) Landa Park Playground Replacement, (4) HEB Soccer Complex Renovations, (5) Skate Park Renovation, Phase 1, (6) Eikel Field Improvements, and (7) Panther Canyon Law 3 Water Crossings. The certificate of obligation will be repaid from revenues and/or funds allocated to the IDC from sales and use taxes.

The second resolution authorizes the reimbursement of any expenditures made by the City of New Braunfels for any of the above-listed capital improvements prior to the issuance of the certificate of obligation. The reimbursement will be made to the City's operating funds from the funds received by the city from the issuance of the debt.

FISCAL IMPACT The $2.5 million certificate of obligation will be repaid by sales tax revenues received by the IDC and/or such revenues that have already been allocated to the IDC but not encumbered for other purposes.

BOARD RECOMMENDATION: The City's IDC (4B Board) recommends the adoption of the resolution authorizing the issuance of a $2.5 million CO for park projects.

STAFF RECOMMENDATION: Staff recommends the adoption of both resolutions.

Finance: ____ _ Agenda Item #_6(C). ___ _ Attachments:_Yes Council Date:_4:.!.:/90<l../0~7:...__ ___ _

79

RESOLUTION NO. 2007 -R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO FUND PARKS PROJECTS WITH A $2.5 MILLION CERTIFICATE OF OBLIGATION.

WHEREAS, the New Braunfels Industrial Development Corporation Board of Directors

met on March 15, 2007, to consider a request from the City of New Braunfels to fund certain

park projects with a debt issuance; and

WHEREAS, the New Braunfels Industrial Development Corporation Board of Directors

held a public hearing on March 15, 2007, to solicit public comment regarding the funding of

certain park projects with a debt issuance; and

WHEREAS, the New Braunfels Industrial Development Corporation Board of Directors,

after holding a public hearing and discussing the request, has recommended that the following

park projects be funded with the issuance of a 1 0-year, $2.5 million certificate of obligation:

1. Landa Park Spring Fed Pool Repairs; 2. Golf Course Irrigation and Greens Replacement; 3. Landa Park Playground Replacement; 4. HEB Soccer Complex Renovations; 5. Skate Park Renovation, Phase 1; 6. Eikel Field Improvements; and 7. Panther Canyon Low Water Crossings (5); and

WHEREAS, the debt issuance or a $2.5 million portion of same is to be repaid from

revenues and/or funds allocated to the New Braunfels Industrial Development Corporation.


I.

(a) THAT the City Council approves and authorizes the funding of seven park projects with a 1 0-year, $2.5 million certificate of obligation to be repaid by revenues and/or funds allocated to the New Braunfels Industrial Development Corporation; and

80

(b) THAT, the monies be used to fund the following seven park projects:

1. Landa Park Spring Fed Pool Repairs; 2. Golf Course Irrigation and Greens Replacement; 3. Landa Park Playground Replacement; 4. HEB Soccer Complex Renovations; 5. Skate Park Renovation, Phase 1; 6. Eikel Field Improvements; and 7. Panther Canyon Low Water Crossings (5).

II.

THAT this Resolution shall become effective from and after the date of its passage.

PASSED, ADOPTED, AND APPROVED this gth day of April, 2007.

ATTEST:

MICHAEL A RESENDEZ, City Secretary


BY: --~~--~~=-~------------R. BRUCE BOYER, Mayor

81

MINUTES NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION

BOARD OF DIRECTORS MEETING 6:30 PM Thursday, March 15, 2007

The New Braunfels Industrial Development Corporation (NBIDC) Board of Directors met in their regularly scheduled Board meeting on Thursday, March 15, 2007 at the New Braunfels Municipal Airport preceded by a 5:30pm tour of the airport tower, hanger and simulator by Airport Manager Andy Spinks and Joe Corder of Silver State Helicopters. The meeting was called to order at 6:30 pm at the airport conference room.

Present:

Absent:

Staff Present:

Others Present:

President Matthew Harrison, Vice President John Malik, Secretary Monroe Miller, Treasurer Kirk Kistner, and Directors James Dunks, Bill Morton and Julie Martinez (arrived at 6:38 pm)

None

Michael Meek and Rusty Brockman

City Manager Mike Morrison, Airport Manager Andy Spinks, Parks and Recreation Director Stacey Laird, Mayor Bruce Boyer, Wade Tomlinson with Parks and Recreation, Adam Cork, David Davenport; John Mathis and Jim Skinner

Harrison called the meeting to order at 6:30 pm.

The regular minutes and Executive Session minutes from February 16, 2007 were presented. Dunks moved and Miller seconded a motion to approve the minutes. Motion carried 6-0, with Martinez not present for the vote.

The Treasurer's Report was included in the Board member packets. Malik moved and Dunks seconded a motion to approve the Treasurer's Report. Motion carried 6-0, with Martinez not present for the vote.

Item three was the Advisory Team Report. Harrison stated he spoke with Alex Yount of Koontz McCombs regarding the New Braunfels Distribution Center on Goodwin Lane. There are drainage and engineering issues which have resulted in higher costs. These will be detailed in a report by Koontz McCombs that will be presented as an agenda item at the April meeting. ·

Meek distributed a handout detailing information presented at the monthly Advisory Team meeting, as well as an invitation to the Team Texas Event at The Woodlands in April.

Item four Harrison updated the Board on the status of the contract with HEB which was prepared by Acting City Attorney Isham. This would be added to the April meeting agenda.

Item five was an update on the Koontz McCombs development.

Item six was a public hearing regarding funding for parks projects. Harrison asked Laird to review the funding request for the seven parks projects which total $2.5 million. Laird reviewed the projects. Harrison opened a public hearing in which Skinner, Cork and Mathis addressed the Board on the parks projects. Dunks moved and Martinez seconded a motion to close the public hearing. Motion carried by unanimous vote.

Item seven was discussion and action regarding possible funding of parks projects via a $2.5 million debt issuance. Laird and Tomlinson fielded questions from Board members. Harrison moved and Morton seconded a motion to finance the projects with a certificate of obligation totaling $2.5 million for ten years for the seven selected projects presented by Laird, but with no individual dollar figure attached to each project. Malik proposed an amendment to remove project seven, the Panther Canyon low water crossing project, which was seconded by Martinez. After discussion, the vote on the amendment failed 5-2. The initial motion by Harrison carried by unanimous vote.

Harrison closed open session at 7:22 pm and opened Executive Session at 7:23 pm. Harrison closed Executive Session at 7:55pm andre- opened public session at 7:55pm.

82

Harrison moved and Kistner seconded a motion to schedule a public hearing to discuss action on financial incentives to Creekside. Motion carried by unanimous vote.

There being no further business, Harrison adjourned the meeting at 7:58 pm.

Attest:

Monroe Miller Secretary

Approved by:

Matt Harrison President

83

RESOLUTION NO. ------A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council (the Governing Body) of the City ofNew Braunfels, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing improvements to the City's municipal parks, and (h) purchasing materials, supplies, equipment, and rights-of-way for authorized needs and purposes relating to the park purposes (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, fmancial advisor, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, Engineering Costs, the Architectural Costs, and Administrative Costs collectively constitute costs of the project (the Project)]; and

WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and

WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and

WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures is paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an approximate amount of $2,500,000 to fmance a portion of the costs of the Project; and

WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and

WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and

45896463.1

84

WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests ofthe citizens of the Issuer; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS THAT:

SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) with respect to the Project from the Issuer's General Fund.

SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issue of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations.

SECTION 3: The reimbursement expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general Federal income tax principles.

SECTION 4: The Issuer intends to otherwise comply with all the requirements contained in the Regulations.

SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations.

SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issuer of tax-exempt obligations.

SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body.

SECTION 8: All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.

SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the

-2-45896463.1

85

Governing Body hereby declares that this Resolution would have been enacted without such invalid provision.

SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.

SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved.

[The remainder of this page intentionally left blank]

-3-45896463.1

86

PASSED, ADOPTED AND APPROVED on this the 9th day of April, 2007.


Mayor ATTEST:

City Secretary

(CITY SEAL)

-4-45896463.1

87

CERTIFICATE OF CITY SECRETARY

THE STATE OF TEXAS

COUNTY OF COMAL


§ § § § §

THE UNDERSIGNED HEREBY CERTIFIES that:

1. On the 9th day of April, 2007, the City Council (the Council) of the City of New Braunfels, Texas (the City) convened in regular session at its regular meeting place at the City Hall (the Meeting), the duly constituted members of the Council being as follows:

Bruce Boyer Sonia C. Munoz-Gill Beth Sokolyk Gale Pospisil Pat Wiggins Kathleen Krueger Ken Valentine

Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Councilmember Councilmember

and all of such persons were present at the Meeting, except the following: , thus constituting a quorum. Among other business considered at the Meeting, the attached resolution (the Resolution) entitled:

A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE

was introduced and submitted to the Council for passage and adoption. After presentation and · Cliscussion-ofthe ResolUtion; a motion was made by Councilmember ______ that the Resolution be finally passed and adopted. The motion was seconded by Councilmember and carried by the following vote:

voted "For" -- __ voted "Against" __ abstained

all as shown in the official Minutes of the Council for the Meeting.

2. The attached Resolution is a true and correct copy of the original on file in the official records of the Council; the duly qualified and acting members of the Council on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Resolution would be considered; and the Meeting and deliberation

45896468.1

88

of the aforesaid public business, including the subject of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code.

IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the Council, this 9th day of April, 2007.

City Secretary, City ofNew Braunfels, Texas

(SEAL)

45896468.1 2

89

COUNCIL AGENDA ITEM

SUBJECT PURCHASING AUTOMATIC EXTERNAL DEFIBRILLATORS (AED) FOR MATTER/PROJECT: CERTAIN CITY FACILITIES AND FIRE DEPARTMENT VEHICLES

ORIGINATING DEPARTMENT: FIRE PRESENTER: MARY QUINONES

COUNCIL DATE: APRIL 9, 2007 AGENDA#: 6(D)

AGENDA CAPTION:

DISCUSS AND CONSIDER APPROVAL TO PURCHASE: FIFTEEN (15) AUTOMATIC EXTERNAL DEFIRILATORS (AEDs) TO BE LOCATED THROUGHOUT DIFFERENT CITY FACILITIES AS WELL AS REPLACEMENT OF OUTDATED AEDs ON FIRE DEPARTMENT VEHICLES AND IN SOME CITY FACILITIES.

HISTORY:

Several Department Heads have requested fire department staff to research the placement of AEDs in certain facilities in the city. This recommendation is a result of those requests.

RATIONALE:

This would place proven life saving AEDs in high probability gathering places throughout the city. It will also replace non-pediatric capable units on fire department vehicles. The fire departments current equipment is not pediatric approved and has been identified for production stoppage by the manufacture.

The choice of utilizing Phillips FRX AED of Palatine IL. is that they are the dealers for Medtronic equipment. This is the same type of equipment already in use by the fire department and would require no additional training for our staff.

Fire Department staff would perform all necessary training to other departments as needed.

FISCAL IMPACT:

The cost of enhancement and upgrade is $22,062.00 and would come from fund # 323 "Emergency Preparedness Fund". Sufficient funds are available for this purchase in the Fiscal year 06- 07 adopted budget.


Staff recommends the approval of the purchase from Phillips FRX AED of Palatine IL. for $22,062.00.

Finance: Agenda Item #: __ (,-.:{V,_P=-----Attachments: YES- 2 PAGES Council Date: _4"'-·-'--9--'-07 ____ _

90

ThrrEROmnCEMffiMORMIDUM

MEMO TO: Mary Quinones; Purchasing Manager

DATE: 4-4-07

FROM: Fire Department: Fire Chief J. Herber

SUBJECT: Sole/Single Source Justification for Automatic External Defibrillators (AEDs)

In accordance with the City of New Braunfels Purchasing Procedures, unless justified and documented for business reasons, all City of New Braunfels procurements exceeding $3,000 should be competed between two or more eligible suppliers. Separate, sequential or component purchase request to avoid this threshold is prohibited. Consequently, every contracting action for which competition does not occur must have a sole/single-source justification document in the contract file. This applies to all requests/requirements, not just "new" requirements. The fundamental issue is whether the procurement is competed or not. If not, a written document must be developed and filed in the contract file, which justifies or explains why it was not competed. This procurement cannot reasonably be competed because:

Check all applicable blocks and completely explain.

_X_ 1. Only one supplier "Medtronics" produces or can produce this product or service.

___ 2. Urgency of need limits the capability to compete the requirement. Please explain the urgency and negative impact iftimeline is extended to compete this requirement.

_X_ 3. Standardization with existing products or services must be maintained. Use of any other type, brand, or service process would be incompatible or too costly to modify. All existing cardiac equipment utilized by the New Braunfels fire Department is "Physio Control" or the parent Company of "MEDTRONIS" ..

_X_ 4. Continuity with current or existing processes or services is necessary. Change to another supplier is not possible for the following reasons: Existing service contracts are in place with this vendor for all cardiac equipment, Personnel have already been trained on this equipment and to change or to inte:rject another model would be cost prohibitive

___ 5. Statutory or regulatory requirements limit competition for the following reasons:

___ 6. Other reasons why competition for this requirement must be limited:

Signed:-------------

Position/Title: _New Braunfels Fire Chief ____ _

COUNCIL AGENDA ITEM

SUBJECT MA TIER/PROJECT: AWARD OF CONTRACT- FIRE STATION #6

ORIGINATING DEPARTMENT: Finance PRESENTER: Mary Quinones

COUNCIL DATE: April9, 2007 AGENDA#: (, (/£)

AGENDA CAPTION: DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PURCHASE CONSTRUCTION SERVICES FROM STOKES CONSTRUCTION COMPANY TO BUILD FIRE STATION #6.

RATIONALE: An Invitation for Bid (IFB) was issued March 1, 2007 for the construction of Fire Station #6 located at 209 Stone Gate off Highway 46 East. The IFB was opened on March 30, 2007 with bids received from seven general contractors.

The bids for the Fire Station were very competitive ranging from $1.9 M to $2.3M. The apparent low bidder is Stokes Construction Company located in San Marcos. Their references were checked and they received very positive recommendations.

Two alternate items were included with the base bid: a diesel exhaust removal system and a tone lighting system. The diesel exhaust removal system would take the diesel fumes from the fire truck when idling and vent them upward out the top of the fire station. Chief Herber has recommended that this system is not needed in the New Braunfels geographic area. Fire station garage doors normally remain open, providing the needed ventilation. The chief does recommend including the tone lighting system with the base bid. This system will provide low level lighting when an alarm goes off at night. It will also raise the doors so the engines may exit.

The base bid for the Fire Station is $1,937,391 and the tone lighting system is $5,842 for a total recommended award of $1,943,233.

FISCAL IMPACT: This project will be funded from the planned certificates of obligation issuance this fiscal year. Council has already approved a reimbursement resolution allowing for the expenditure of funds prior to the debt issuance. This resolution included fire station #6. A total of $3,000,000 is included in that planned issuance for the cost of construction of the fire station as well as equipment. The estimated cost for equipment is $650,000, leaving $2,350,000 for construction. As stated above, the low bid is $1,943,222 or $406,778 less that this amount.

BOARD RECOMMENDATION: N/A

STAFF RECOMMENDATION: APPROVAL OF THE PURCHASE OF CONSTRUCTION SERVICES TO BUILD FIRE STATION #6 FROM STOKES CONSTRUCTION COMPANY.

Price Tabulation Form

City of New Braunfels

Capstone Greco Corporation Construction

For: Fire Station #6

Item Qty I Unit I Description Price Pi-ice 1 I J

Price Each Construction Of Fire $ 2,244,000.00 $ 2,099,000.00 Station #6

Item Qty I Unit I Description 2 I I

Price Each Alternate #1 $ 61,000.00 $ 53,000.00 Diesel Exhaust System

Item Qty I Unit .I Description 3 I I

Price Each Alternate #2 $ 9,200.00 $ 6,000.00 Tone Lighting

Total $ 2,314,200.00 $ 2,158,000.00

Koehler Roth D-L Bandy Company Construction Construction

Price Price Price

$ 2,164,386.00 $ 2,143,936.00 $2,010,000.00

$ 58,945.00 $ 53,287.00 $ 56,000.00

$ 6,050.00 $ 5,722.00 $ 6,000.00

$ 2,229,381.00 $ 2,202,945.00 $2,072,000.00

Page 1 of 1

Am star Inc.

Price

$ 2,150,000.00

$ 62,796.00

$ 4,200.00

$ 2,216,996.00

Stokes Construction

Price

$1,937,391.00

$ 55,243.00

$ 5,842.00

$1,998,476.00

tO N

93

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: AGREEMENT WITH HAWES HILL CALDERON LLP

ORIGINATING DEPARTMENT: Legal PRESENTER: Paul Isham


AGENDA CAPTION:

DISCUSS AND CONSIDER ACTION ON AN AGREEMENT BY AND BETWEEN THE CITY OF NEW BRAUNFELS AND HAWES HILL CALDERON LLP.

RATIONALE:

The City, through its bond counsel, Fulbright and Jaworski, engaged the firm of Hawes Hill Calderon LLP to review the financial data submitted by A-L 95 Creekside Town Center, L.P. The City needs to formalize its relationship with Hawes Hill Calderon with regard to the creation of the tax increment reinvestment zone ("TIRZ"). Creekside has submitted the attached agreement and it has been reviewed and approved by Jim Plummer. The fee for the services listed in the agreement is $40,000 and the fee will be reimbursed to the City by Creekside.

FISCAL IMPACT:

The agreement will not result in the City spending any funds. The $40,000 fee paid to Hawes Hill Calderon LLP will be reimbursed by A-L 95 Creekside Town Center, L.P. (Steve Alvis).


N/A


Staff recommends approval of the agreement.

Finance: Agenda Item #: __ t,.....___,6..,F-~_,4) __ _

Attachments: _y""'"e-"-s ___ _ Council Date: _4.:._·=-9-.::..:07~----

94

AGREEMENT BY AND BETWEEN CITY OF NEW BRAUNFELS AND HAWES HILL CALDERON LLP

This agreement is made by and between CITY OF NEW BRAUNFELS (the "Client") and HAWES HILL CALDERON LLP (the "Consultant").

WITNESSETH:

WHEREAS, the Client desires that the Consultant provide certain professional services related to the creation of a Tax Increment Reinvestment Zone;

WHEREAS, the Consultant has the employees, office operations, and knowledge to ably provide the professional services required by the Client;

NOW THEREFORE, Client and Consultant, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, do agree as follows:

I. Services

The Consultant hereby agrees to provide, furnish, or perform certain professional services with respect to the creation of a Tax Increment Reinvestment Zone including the services described on Exhibit A, attached hereto. Such services herein collectively referred to as the "Services."

II. Performance of Services

Consultant shall have the right to determine the method, details, and means of performing the Services. The Client, however, shall be entitled to ensure satisfactory performance, including the rights to inspect, to stop work, to make suggestions or recommendations as to the details of the work, and to propose modifications to the Services. Consultant will provide all required resources and personnel to complete the Services and use its best efforts to accommodate work schedule requests in a timely manner.

Ill. Compensation and Reimbursement to Consultant

For and in consideration of the professional services rendered by the Consultant as specified in Exhibit "A," Scope of Professional Consulting, of this Agreement, the Client agrees to pay the Consultant a fixed fee of FORTY THOUSAND AND N0/100 DOLLARS ($40,000.00) due and payable according to the following schedule:

• FORTY THOUSAND AND N0/100 DOLLARS ($40,000) at a rate of TEN THOUSAND AND N0/100 DOLLARS ($10,000.00) per month for four (4) months, commencing 30 days after the execution of this Agreement.

Reimbursable out-of-pocket expenses and other expenses and charges incurred by the Consultant in performing the Services under this Agreement shall be made on a monthly basis upon submission by the Consultant of invoices and other documentation setting forth such expenses and charges; provided, however, all expenses and charges proposed to be incurred by the Consultant for the performance of the Services shall be subject to the Client's prior written approval. The Schedule of Maximum Charges and Rates of Hawes Hill Calderon LLP for the

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performance of the Services by the Consultant under this Agreement as set forth on Exhibit "B" attached hereto for reference are hereby approved by the Client. The Client expressly disclaims any liability for reimbursement to the Consultant of any amounts in excess ofthose approved in writing by the Client.

Consultant shall tender to the Client a detailed invoice of the services performed and the allowable reimbursable expenses incurred to the Client each month during the term of this Agreement. Payments on account of services rendered and for reimbursable expenses incurred shall be made within 30 days after the Client receive Consultant's detailed invoice therefore. In the event of a disputed or contested invoice, the Client may withhold any such disputed or contested amount without penalty.

IV.

Right of Ownership

All data, information, maps, books, reports, files, photography, artwork, software, equipment, and materials purchased, created or maintained by the Client or purchased, created or maintained by the Consultant on behalf of the Client shall remain the property of the Client. It shall be clearly marked as property of the Client in such manner that it may at any time be removed from the premises of the Consultant.

v.

Laws to be Observed

In performing its obligations under this Agreement, the Consultant at all times shall observe and comply with all federal and state laws, local laws, ordinances, orders, and regulations of the federal, state, county, or city governments. The federal, state, and local laws, ordinances, and regulations which affect those engaged or employed in the work, or the equipment used in the work, or which in any way affects the conduct of the work, shall be at all times in effect, and no pleas of misunderstanding will be considered on account of ignorance thereof.

VI.

Successors and Assigns

This Agreement shall bind and benefit the respective parties and their legal successors, and shall not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer or director of the proposed Authority or the Zone.

VII.

Independent Contractors

The Consultant shall be an independent contractor to the Client, and nothing in this Agreement shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. This Agreement shall not be interpreted or construed as creating or establishing the relationship of employer and employee between the Client and the Consultant, or any of the Consultant's employees or agents.

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Conflict of Interest

In keeping with Consultant's duties to the Client, Consultant agrees that it shall not, directly or indirectly, become involved in any conflict of interest, or upon discovery thereof, allow such a conflict to continue. Moreover, Consultant agrees that it shall promptly disclose to the Client any facts which might involve any reasonable possibility of a conflict of interest.

IX.

Term and Termination

This Agreement shall become effective as of the date executed by the Client and the Consultant as set forth on the signature page hereof. Either party may terminate this Agreement at any time by giving the other party at least thirty (30) days' prior written notice thereof, specifying in such notice the effective date of such termination. In the event of termination, it is understood and agreed that only the amounts due the Consultant for services provided and expenses incurred to the date oftermination will be due and payable. No penalty will be assessed for termination of this Agreement.

X.

Amendment or Modification

Except as otherwise provided in this Agreement, this Agreement shall be subject to change, amendment, or modification only upon the written consent of the parties hereto, executed by authorized representatives of both parties to this Agreement.

XI.

Miscellaneous

1. Choice of Law. This Agreement shall be construed and given effect in accordance with the laws of the State of Texas, including all matters of construction, validity, performance and enforcement.

2. Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the Client and the Consultant, their respective successors and assigns; provided however, that neither party hereto may assign or transfer any of its rights or obligations hereunder without the prior written consent ofthe other party.

3. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral or written representations or modifications concerning this Agreement shall be of no force or effect except for a subsequent modification in writing signed by all parties thereto.

4. Waiver. A waiver by either party of a breach of any of the terms or provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

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Acceptance

This instrument is being executed in two (2) counterpart originals, each of which has the full force and effect of an original. Execution of this agreement also indicates acceptance that the payment will be due for services rendered, including those instances where the municipality decides, for whatever reason, NOT to create a reinvestment zone.

The venue for all disputes and related purposes shall be in Comal County, Texas.

AGREEDANDACCEPTEDTIDS __________ DAYOF _________ ,2007.

On Behalf of (CLIENT):. _________ _

By: _________________________________ __

Name: ~--======--==-=-=-==-=-~=----=-=~

Title: -------------------------------Address: ---------------------------------City/State/Zip----------------Telephone:------------------Fax: -------------------------E-mail: ------------------=-=-=--------==--===

On Behalf ofHA WES HILL CALDERON LLP:

By: David Hawes, Senior Partner Hawes Hill Calderon LLP POBox22167 Houston TX 77227-2167 Telephone 713-541-0447 Fax 713-541-9906 E-mail: [email protected]

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Exhibit "A" Scope of Professional Consulting Services

A project team comprising David Hawes Principal, with Jennifer DeChillo, and Steve Pittman will carry out the scope of professional consulting services described below.

Pre-Creation Activities for the Reinvestment Zone

• Prepare an initial analysis of the proposed reinvestment zone area. The analysis will include: a) a complete review of all ad valorem values in the proposed area; b) existing land uses; c) documentation of blighted conditions; d) identify tracts where development is impeded due to faulty lot layout or improper zoning; e) analysis of any other relevant factors impeding development or redevelopment of the area.

• Working with the City Planning Department and the EDC (where/when appropriate), the firm will prepare all GIS mapping and data analysis required as we work toward the fmalization of a zone boundary, including all maps required by the statute for both the preliminary and fmal project and reinvestment zone fmancing plan.

• Prepare a preliminary project plan and reinvestment zone fmancing plan for use in briefmgs on the proposed zone's creation, including costs of all proposed public improvements. The preliminary plan will include the following: a) maps showing the existing uses and conditions of real property in the zone and maps showing proposed improvements to and use of that property; b) proposed changes to any zoning ordinances applicable to the area; c) a list ofthe estimated non-project costs; and, d) a statement of the method of relocating persons to be displaced as a result of the implementation of the project plan. The preliminary fmancing plan will include: a) a detailed list of the estimated project costs ofthe zone, including administrative expenses; b) a statement of listing the kind, number, and location of all proposed public works or public improvements in the zone; c) the estimated amount of bonded indebtedness to be incurred; d) the time when related costs or monetary obligations are to be incurred; e) a description ofthe methods offmancing all estimated project costs and the expected sources of revenue to fmance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the zone.

• Develop and submit to the City all documents needed to issue a 60-day notification to all area taxing jurisdictions regarding the proposed creation of the reinvestment zone. Notice will be placed in the area newspaper of greatest circulation for maximum notification. Copies of the public notice will also be mailed to all recommended media outlets including minority-based periodicals.

• Prepare and deliver to City Secretary the public notice of the hearing and provide copies of the preliminary project plan for distribution to all other taxing jurisdictions with the notice. Serve as the point of contact for any questions/issues that arise related to the hearing before the hearing is held.

• Assist the City with the conducting of the public hearing on the creation of the tax increment reinvestment zone. We will either conduct the hearing on the City's behalf, or be present to serve as technical advisor to the City during the hearing.

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Creation of the Tax Increment Reinvestment Zone

• Prepare and deliver to the City Legal Department the creation ordinance for the reinvestment zone. The ordinance will make all the required statutory fmdings required in Chapter 311 of the Property Tax Code.

• Prepare a final project plan and reinvestment zone fmancing plan for presentation to the TIRZ board. Should any changes to the plan be required based on the public hearing process, we will incorporate the necessary changes into the document and make it ready for presentation to the TIRZ board for their consideration and approval.

• Prepare and submit to the City Legal Department an ordinance to approve the project plan and reinvestment zone financing plan.

• Assist with the negotiation offmal participation agreements with other taxing jurisdictions. Each agreement will set forth the rate of participation for the jurisdiction, the term of the agreement, and any special negotiated provisions required by the jurisdiction for their participation in the TIRZ.

• Present agreements to the TIRZ board for approval.

• Prepare ordinances to submit to the City Legal Department to approve the participation agreements for other taxing jurisdictions.

Creation of the Redevelopment Authority (If Recommended)

• Prepare an application to the City for the creation of a Redevelopment Authority.

• Prepare the resolution for the TIRZ board to adopt related to the creation of a Redevelopment Authority pursuant to Chapter 431 of the Transportation Code, and 396 ofthe Local Government Code. The package will also include the preparation of Articles of Incorporation and By-Laws for the Authority.

• File all required documents with both the City and the Texas Secretary of State on the creation ofthe Authority.

• Prepare a tri-party agreement between the City, the TIRZ, and the Authority. The agreement will set forth the terms under which the Authority will act on behalf of both the City and the TIRZ to implement the project plan and reinvestment zone fmancing plan.

• Present the Tri-party agreement to the redevelopment authority board; clarify an issues related to the agreement and the role of the Authority vis-a-vis the TIRZ and secure board approval of the agreement.

• Submit the agreement to the City Legal Department for presentation to the City Council. Work with the City Staff to secure Council approval of the agreement.

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Exhibit "B"

Schedule of Maximum Charges and Rates of Hawes Hill Calderon LLP

Professional consulting and general administration • Pre-Creation Activities for the Reinvestment Zone • Creation of the Tax Increment Reinvestment Zone • Creation of the Redevelopment Authority

Out-of-pocket expenses including, without limitation, the following: • prints, photocopies, reproductions, graphics, art supplies • postage, deliveries • posting, filing and submittal fees • publication of public notices • parking fees and tolls • travel, lodging and incidentals

Total contract: $40,000. bid as package bid as package bid as package

actual cost

Automobile mileage directly attributable to this project shall be charged at the current rate allowable under Internal Revenue Service regulations.

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Council Agenda Item

Subject Matter: REPORTS

Council Date: April 9, 2007 Agenda Item # 7

Reports:

(A) City Council's Report.

(B) Staff's Report.

Documents

COUNCIL AGENDA ITEM SUBJECT MA ITER: MINUTES April 9, …