Regular City Council Meeting New Braunfels Municipal Building- City Council Chambers 424 S

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REGULAR CITY COUNCIL MEETING NEW BRAUNFELS MUNICIPAL BUILDING- CITY COUNCIL CHAMBERS 424 S. CASTELL AVENUE JUNE 23. 2008- 6:00 P.M.

The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve.

AGENDA

CALL TO ORDER: JUNE 23, 2008 @ 6:00 P.M.

CALL OF ROLL: CITY SECRETARY

PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG

INVOCATION: COUNCILMEMBER STEVEN DIGGES

PROCLAMATIONS: "THE VIETNAM HELICOPTER PILOTS ASSOCIATION DAY" Page 4

REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL.

1. MINUTES CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING OF JUNE 9, 2008 AND (B) THE REGULAR MEETING OF JUNE 9, 2008. Pages 5-20 M. Resendez, City Secretary

2. PRESENTATIONS

(A) PRESENTATION AND UPDATE BY THE PARKS AND RECREATION DEPARTMENT ON CURRENT PLANNING EFFORTS AND PARK PROJECTS. S. Laird, Parks and Recreation Director Page 21

3. 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. Page 22 Mayor R. Bruce Boyer

4. CONSENT AGENDA Page 23 ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE AND NON CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNC/LMEMBER OR CITIZEN SO REQUESTS, IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS PART OF THE NORMAL ORDER OF BUSINESS.

(A) APPROVAL OF THE PURCHASE OF MOBILE DATA TERMINALS (MOTS) FROM GENERAL DYNAMICS/ITRONIX FOR THE POLICE DEPARTMENT. Page 24 R. Everett, Police Chief!M. Quinones, Purchasing Manager

(B) APPROVAL OF COMPUTER EQUIPMENT PURCHASE WITH CDW-G FOR THE POLICE DEPARTMENT USING THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT. Page 25 R. Everett, Police Chief/M. Quinones, Purchasing Manager 1 (C) APPROVAL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTS WITH TERRACON CONSULTANTS, INC., AND ARIAS AND ASSOCIATES FOR CONSTRUCTION AND MATERIAL TESTING SERVICES. Page 26 J. Klein, City Engineer IM. Quinones, Purchasing Manager

5. INDIVIDUAL ITEMS FOR CONSIDERATION

(A) DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF NEW BRAUNFELS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. Pages 27-28 J. Ballowe, Assistant Public Works Director

(B) PRESENTATION, DISCUSSION AND ACTION REGARDING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO ESTABLISH A TRAFFIC LIGHT AT FM 725 AND THE SOUTH BANK SUBDIVISION AND TO ACCOMPLISH NECESSARY ENGINEERING DESIGN AND ESTABLISHMENT OF NECESSARY PROJECT BUDGET. Pages 29-30 S. Ramsey, Public Works Director

(C) PRESENTATION, DISCUSSION AND ACTION REGARDING THE STATUS OF THE PHASE 2-05 STREET MAINTENANCE PROJECT AND AUTHORIZING NECESSARY PROJECT BUDGET ADJUSTMENTS. Page 31 S. Ramsey, Public Works Director

(D) PRESENTATION, DISCUSSION AND ACTION REGARDING EXPLORING THE POSSIBILITY OF RAILROAD QUIET ZONE IMPLEMENTATION IN THE CITY OF NEW BRAUNFELS. Page 32 S. Ramsey, Public Works Director

(E) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING SECTION 118-46-y. 1, PLATTING, NEW BRAUNFELS CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Pages 33-36 J. Klein, City Engineer

(F) DISCUSS AND CONSIDER THE CLOSURE OF SHENANDOAH DRIVE AND THE INTERSECTION OF (FUTURE) WALNUT AVENUE. Pages 37-42 J. Klein, City Engineer

(G) DISCUSS AND CONSIDER AN APPEAL TO CHAPTER 144, NEW BRAUNFELS CODE OF ORDINANCES, SECTION 5.21-3(C), TO NOT REQUIRE A PROPOSED COMMERCIAL BUILDING TO COMPLY WITH THE MINIMUM HORIZONTAL AND VERTICAL ARTICULATION REQUIREMENTS. Pages 43-55 R. Kinsey, Interim Planning Director

2 (H) DISCUSS AND CONSIDER ACTION REGARDING THE FOLLOWING CITY OF NEW BRAUNFELS BOARD & COMMISSION APPOINTMENTS:

1) ONE MEMBER TO THE NEW BRAUNFELS MUNICIPAL AIRPORT ADVISORY BOARD FOR AN UNEXPIRED TERM ENDING MAY 12, 2009.

2) ONE MEMBER TO THE CONSTRUCTION BOARD OF APPEALS FOR A TERM ENDING FEBRUARY 24,2013. Pages 56-70

6. EXECUTIVE SESSIONS

In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session. After the Executive Session discussion on any of the following items, any final action or vote taken will be in public.

(A) DISCUSSIONS OR DELIBERATIONS REGARDING COMMERCIAL OR FINANCIAL INFORMATION THAT THE CITY HAS RECEIVED FROM A BUSINESS PROSPECT THAT THE CITY SEEKS TO HAVE LOCATE, STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE CITY AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS; OR TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT OF THE SORT DESCRIBED IN THIS PROVISION, IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE. Page 71 A. Wayland, City Attorney

7. REPORTS Page 72

a) CITY COUNCIL'S REPORT

b) STAFF REPORTS

City Councii reserves the right to hear any of the above described agenda items that qualify for an executive session in an executive session by publicly announcing the applicable section number of the Open Meetings Act (Chapter 551 of the Texas Government Code) that justifies executive session treatment.

ADJOURNMENT

CERTIFICATION

the above Notice of Meeting was posted on the Bulletin Board at the New on June 19, 2008 at 2:00 p.m.

NOTE: who plan to attend this meeting and who may ne d auxiliary aids or services such as for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary's Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made.

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City of New Braunfels

Proclamation

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

WHEREAS, perhaps no object personifies the War in Vietnam as well as the helicopter for it was upon this faithful steed that so many of the thousands of men and women who fought in that conflict rode into battle and often depended upon for a lifesaving Medivac; and

WHEREAS, the justifications for that war were as controversial as any this country has ever seen, what shamefully emerged from parts of this country was a disrespect, and perhaps even a hatred of the men and women who were locked in those battles thousands of miles away; and

WHEREAS, it was often so hard for a Vietnam Veteran to adjust to life back home. Veteran after Veteran has reported how upsetting it was to return home to a family that loved and was glad to see them, but then they were forced to live in a community that was often outwardly hostile to them. These Veterans also tell us how difficult it was to read a slanted and biased newspaper account of a battle they themselves had been locked into as little as 72 hours before, a story that was too often filled with the names of men they knew, and loved; men who had been killed in the short time it took-them to leave the baitle and come home; and

WHEREAS, anyone who has ever been in battle knows, you can only survive through the courage, the teamwork and the sacrifice of your fellow soldier. It was because of this sense of camaraderie, and a need to again stick together against what appeared to have become a hostile nation, numerous Vietnam Veteran organizations were formed; and

WHEREAS, one ofthe largest of all the Vietnam Veteran organizations is here with us today, The Vietnam Helicopter Pilots 1 Association and we are both lucky, and pleased to be hosting them on this, the 25 h Anniversary of their formation; and

WHEREAS, the VHPA is dedicated to enhancing and preserving the cohesiveness, esprit de corps, and traditions of valor of all the rotary wing aircrews that flew in the Vietnam War. Their mission is to seek out the individuals who piloted rotary wing aircraft in Southeast Asia during the Vietnam era and encourage all of them to become members. That's a big job for any organization; after all there were almost 40,000 helicopter pilots from all nations, including South Vietnam, involved in the war. But it is also a job that these Veterans tackle gratefully and to date they have managed to get in touch with almost all of the US Military helicopter pilots. The VHPA was officially formed in June of 1983 when 66 Pilots gathered in Phoenix, Arizona and pledged to support the goals of the organization. Today the VHPA has almost 8,000 active members and keeps up to date contact information on over 15,000 Vietnam Helicopter Pilots. The VHPA's annual reunion which is being held in San Antonio t!lis year, routinely draw 2,000 of these pilots accompanied by 3,000 of their family members to enjoy music and bar-b-que; and

WHEREAS, when we think of the disrespect that often greeted our soldiers when they returned from Vietnam, we can always take comfort in the fact that we here in New Braunfels have never treated our soldiers that way.

1 NOW, THEREFORE, I, R. BRUCE BOYER, Mayor of the City of New Braunfels, do hereby proclaim July 4 h, 2008 as

"THE VIETNAM HELICOPTER PILOTS ASSOCIATION DAY"

IN New Braunfels and to honor these men and their families for the courage they demonstrated and the sacrifices they made.

FURTHERMORE, we are pleased to honor these men and all of our Military Veterans in attendance here today, for their great contribution to our nation, and to offer a perhaps belated, but very sincere "Welcome Home."

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal ofthe City of New Braunfels to be affixed this 23'd day of June, 2008.

CITY OF NEW BRAUNFELS, TEXAS

BY: R. BRUCE BOYER, Mayor 5

MINUTES SPECIAL CITY COUNCIL MEETING JUNE 9, 2008

The City Council of the City of New Braunfels, Texas, met in Special Session on June 9, 2008.

Councilmembers present were: Mayor R. Bruce Boyer, Presiding; Mayor Pro tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, and Kathleen Krueger.

City staff present were: City Manager Michael E. Morrison, City Attorney Alan C. Wayland, Assistant City Attorney Charles Wallace, City Secretary Michael A Resendez, and Paul Isham, Attorney for the City.

The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 5:06p.m. All Councilmembers were present except Councilmember Steven Digges.

EXECUTIVE SESSION - DISCUSS AND CONSIDER THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. IF THE DELIBERATION IN AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE CITY IN NEGOTIATIONS WITH A THIRD PERSON, IN ACCORDANCE WITH SECTION 551.072, OF THE TEXAS GOVERNMENT CODE: Mayor Boyer read the above and foregoing caption at 5:06 p.m. and announced in open session that City Council would go into Executive Session in Conference Room B to deliberate the above and foregoing item in accordance with Section 551.072 of the Texas Government Code.

City Manager Michael E. Morrison, City Attorney Alan C. Wayland and City Secretary Michael A Resendez were present during this executive session.

At 6:05 p.m., Mayor Boyer announced in open session that the Executive Session was over with no action being taken during the closed session.

In open session, Councilmember Krueger moved to approve the agreement to purchase parcel #9, on Walnut Aveune, owned by Rosalinda Lagunas, for $162,257 an(i authorize the City Manager to execute all necessary documents. Councilmember Goodner seconded the motion which was unanimously approved by City Council.

June 9, 2008 New Braunfels Special City Council Meeting 1 6

Conference Room B to consult with the City's Attorney in accordance with Section 551.071 of the Texas Government Code.

City Manager Michael E. Morrison, City Attorney Alan C. Wayland, Assistant City Attorney Charles Wallace, City Secretary Michael A. Resendez, and Paul Isham, an attorney for the City, were present during this executive session.

At 6:05 p.m., Mayor Boyer announced in open session that the Executive Session was over with no action being taken during the closed session.

EXECUTIVE SESSION - DELIBERATE PENDING I CONTEMPLATED LITIGATION, SETTLEMENT OFFER(S), AND MATTERS CONCERNING PRIVILEGED AND UNPRIVILEGED CLIENT INFORMATION DEEMED CONFIDENTIAL BY RULE 1.05 OF THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, IN ACCORDANCE WITH SECTION 551.071, OF THE TEXAS GOVERNMENT CODE. In re Estate of Silver State Services Corporation and Silver State Helicopters. LLC; Case No.: 08-10936: Mayor Boyer read the above and foregoing caption at 5:06p.m. and announced in open session that City Council would go into Executive Session in Conference Room B to consult with the City's Attorney in accordance with Section 551.071 of the Texas Government Code regarding the pending litigation listed herein- above. -

At 6:05 p.m., Mayor Boyer announced in open session that the Executive Session was over with no action being taken during the closed session.

EXECUTIVE SESSION - DELIBERATE PENDING/CONTEMPLATED LITIGATION, SETTLEMENT OFFER(S), AND MATTERS CONCERNING PRIVILEGED AND UNPRIVILEGED CLIENT INFORMATION DEEMED CONFIDENTIAL BY RULE 1.05 OF THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, IN ACCORDANCE WITH SECTION 551.071, OF THE TEXAS GOVERNMENT CODE. (Greater New Braunfels Home Builders Association, et al. V. City of New Braunfels): Mayor Boyer read the above and foregoing caption at 5:06 p.m. and announced in open session that City Council would go into Executive Session in Conference Room B to consult with the City's Attorney in accordance with Section 551.071 of the Texas Government Code regarding the pending litigation listed herein above.

City Manager Michael E. Morrison, City Attorney Alan C. Wayland, City Secretary Michael A. Resen_dez, and Paul Isham, an attorney for the City, were present during this executive session.

June 9, 2008 New Braunfels Special City Council Meeting 2 7

At 6:05 p.m., Mayor Boyer announced in open session that the Executive Session was over with no action being taken during the closed session.

EXECUTIVE SESSION - DISCUSSIONS OR DELIBERATIONS REGARDING COMMERCIAL OR FINANCIAL INFORMATION THAT THE CITY HAS RECEIVED FROM A BUSINESS PROSPECT THAT THE CITY SEEKS TO HAVE LOCATE. STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE CITY AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS; OR TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT OF THE SORT DESCRIBED IN THIS PROVISION, IN ACCORDANCE WITH SECTION. 551.087, OF THE TEXAS GOVERNMENT CODE: Mayor Boyer read the above and foregoing caption at 5:06p.m. and announced in open session that City Council would go into Executive Session in Conference Room B to consult with the City's Attorney in accordance with Section 551.087 of the Texas Government Code.

City Manager Michael E. Morrison, City Attorney Alan C. Wayland and City Secretary Michael A Resendez were present during this executive session.

At 6:05 p.m., Mayor Boyer announced in open session that the Executive Session was over with no action being taken during the closed session. ' ADJOURNMENT: This Special meeting adjourned at 6:06 p.m.

Date Approved: June 23, 2008

By: R. BRUCE BOYER, MAYOR

Attest:

MICHAEL A RESENDEZ, CITY SECRETARY

June 9, 2008 New Braunfels Special City Council Meeting 3 8

MINUTES REGULAR CITY COUNCIL MEETING JUNE 9, 2008

The City Council of the City of New Braunfels, Texas, met in Regular Session on June 9, 2008.

City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, and Kathleen Krueger.

City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, City Secretary Michael A Resendez, Public Works Director Steven Ramsey, Purchasing Manager Mary Quinones, Interim Planning Director Robert Kinsey, Police Chief Ron Everett, Support Services Director Deborah Korinchock, Municipal Court Judge Sara Hartin, Interim Fire Chief John Robinson, Human Resources Director Julie O'Connell, Airport Director Andy Spinks, Fire Marshal Rick Edwards, and Information and Technology Manager Kern Tilley.

•' Also present were: Linda Dietert, Larry Valdez, Loretta Luehlfing, Irene Lehmann, Rusty Brockman, Michael Meek, Wayne Rudolph, Nancy Bower, Sue Cummings, Carol Johnson, Rosemary Allen, Ryan Cunningham, Sharon Levett, Tom Andrews, John Lovett, Vladimir Pospisil, Raymond LaFrey, Irene Knoll, Bob Knoll, Mike Dietert, Teri Bilby, Dan Castillo, Larry Horton, and News Reporters Chris Cobb and Noah Westerfield.

The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:12 p.m. All Councilmembers were present except Councilmember Steven Digges. Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag and Councilmember Kathleen Krueger gave the invocation.

MINUTES: Councilmembers considered approval of the minutes of (a) the Special Meeting of May 13, 2008, (b) the Special Meeting of May 21, 2008, (c) the Special Meeting of May 27, 2008, and (d) the Regular Meeting of May 27, 2008.

Mayor Pro-tem Pospisil moved to approve the minutes as presented. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

June 9, 2008 New Braunfels Regular City Council Meeting 1 9

PRESENTATION BY THE GREATER NEW BRAUNFELS CHAMBER OF COMMERCE ON THE SEMI-ANNUAL REPORT REGARDING ECONOMIC DEVELOPMENT ACTIVITIES: Michael Meek, President of the Greater New Braunfels Chamber of Commerce, commenced the presentation, by describing how this report satisfied a requirement of the economic development agreement between the Chamber of Commerce and the City's Industrial Development Corporation (48 Board).

Rusty Brockman, Economic Development Director for the City, continued by giving City Council a presentation on job growth and new commercial tax base. Mr. Brockman pointed out that 213 new jobs had been added since December of 2007 which exceeded the annual goal of 200 and that 47 primary job inquiries had occurred since December of 2007 and that communications remained active with 92 past inquiries/prospects. Mr. Brockman then noted the following companies and projects as being responsible for the 213 new jobs: EH Systems, Inc., Wai-Mart DC, Town Center at Creekside, Leisure Pools, Crawford Electric, Koontz-Sundance Park and the new Entrepreneurship Center. The next part of the presentation dealt with the different trade shows and marketing missions attended throughout the nation by the Chamber of Commerce in an effort to promote the City of New Braunfels. Mr. Brockman ended the presentation by addressing a number of on going marketing strategies currently in-tact by the Chamber of Commerce and informed City Council of recent 4B Board recommendations related to economic development.

CITIZENS' COMMUNICATIONS:

Nancy Bower of 265 Shady Hollow, New Braunfels, Texas, appeared before City Council representing the Downtown Parking Association. Ms. Bower noted that Carol Johnson and Rosemary Allen, who were also members of the Downtown Parking Association had accompanied her to thank City staff for working with the Downtown Association Parking Committee in making more off-street downtown parking available and visible to tourists and visitors. She noted that a brochure had been created to accent several public parking lots in the downtown area totaling to about 250 spaces. She added that City staff had strategically installed large green signs at these lots identifying the additional downtown parking and that Main Street was in the process of placing trash receptacles at each of these locations. She closed by mentioning that the Downtown Parking Association was looking forward to the downtown parking garage that would be jointly constructed by the City of New Braunfels and Comal County.

Sharon Levett of CASE (Citizens Alliance for Smart Expansion) appeared before City Council to remind the citizens of upcoming meetings related to the Landa Park Master Plan and a Planning and Zoning Workshop on the 2005 Thoroughfare Plan. Ms. Levett added that with fuel prices higher than ever that it was very important to adequately plan for land use and transportation needs and urged everyone to participate in the public processes related to them.

June 9, 2008 New Braunfels Regular City Council Meeting 2 10

Lastly, Wayne Rudolph of 1216 Shenandoah Drive, New Braunfels, Texas, appeared before City Council to call attention to the City's new audio/visual system for Council Chambers. Mr. Rudolph commented that the monitors dedicated for the audience were too small and suggested that the larger monitors in the back of Council Chambers be moved to the side walls for individuals with vision impairments.

CONSENT AGENDA:

While reading the Consent Agenda, Mayor Boyer noted that Consent Agenda items (B) related to the second and final reading of a rezoning in the Beatrice Knox Subdivision, (G) related to budget transfers and (N) related to Heritage Commission recommendations were removed from the Consent Agenda for further discussion.

Following the reading of the Consent Agenda, Mayor Pro-tem Pospisil moved to approve the Consent Agenda as presented below minus items (B), (G) and (N). Councilmember Krueger seconded the motion which was approved by the following roll call vote: A YES: Councilmembers Zapata, Goodner, Pospisil, Krueger, Wiggins, and Mayor Boyer; A YES: None.

(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE GRANTING A TAX RELIEF TO THE OWNER OF THE DESIGNATED HISTORIC LANDMARK LOCATED AT 195 E. COLL STREET, KNOWN AS THE CARL STOCK HOUSE, FOR A PERIOD OF FIVE YEARS; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Ordinance No. 2008-38

(C) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT TO ALLOW TWO STRUCTURES TO BE USED FOR SHORT TERM RENTAL OR OCCUPANCY AND ONE STRUCTURE TO BE USED AS A PERSONAL RESIDENCE IN THE "R-3L MULTIFAMILY LOW DENSITY DISTRICT", LOCATED AT 1704 GRUENE ROAD.

Ordinance No. 2008-39

(D) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTIONS 118-35, 118-51.3(B) AND (C), AND 118-53, PLATTING, NEW BRAUNFELS CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.

Ordinance No. 2008-40

June 9, 2008 New Braunfels Regular City Council Meeting 3 11

(E) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING SECTION 86-7 "OPERATION OF VEHICLES IN PARKS," SUBSECTION (d) "PARKING FEES IN PRINCE SOLMS PARK EAST" OF THE NEW BRAUNFELS CODE OF ORDINANCES TO USE THE FEES COLLECTED IN 2008 FOR IMPROVEMENT OF THE PARK AND TO REPEAL SUBSECTION (d) EFFECTIVE JANUARY 1, 2009; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

Ordinance No. 2008-41 (F) APPROVAL OF A RESOLUTION TO AMEND THE 2005 THOROUGHFARE PLAN BY CHANGING WALNUT AVENUE BETWEEN KATY STREET AND S. BUSINESS IH 35 FROM A 90' ARTERIAL TO A 120' ARTERIAL. Resolution No. 2008-R22 (H) APPROVAL OF AUCTION ITEMS DECLARED AS SURPLUS AND SOLD. As noted in the agenda packet, the following vehicles were declared as surplus by City Council: 1980 Chevy Bucket Truck (4608), 1993 Chevy% ton Truck (0645), 2001 Ford F-250 Flatbed (2216), 2001 Ford F-250 Utility Truck (2215), 1988 Dresser Loader (4390), 1994 Pneumatic Roller (5687), 2000 Freightliner/Kann Garbage Truck (8511), and a 2001 Freightliner/Kann Garbage Truck (2889).

(I) APPROVAL OF PURCHASE OF MEDICAL SUPPLIES WITH BOUND TREE MEDICAL, LLC FOR THE FIRE DEPARTMENT. As noted in the agenda packet, the estimated yearly expense for the medical supplies was $165,000.

(J) APPROVAL OF THE PURCHASE OF FRONT AND REAR LOAD REFUSE CONTAINERS FROM ROLLOFFS USA. As noted in the agenda packet, the $80,000 expenditure for the refuse containers had been budgeted.

(K) AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COYOTE CARRIAGE, INC. FOR HORSE DRAWN CARRIAGE RIDES IN LANDA PARK. As noted in the agenda packet, a permit had been issued by the City Secretary's office to operate in the City and the Concessionaire agreement would allow for 20% of receipts in Landa Park to be remitted to the City.

June 9, 2008 New Braunfels Regular City Council Meeting 4 12

(L) APPROVAL OF A RESOLUTON BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS APPOINTING THE MAYOR OR HIS DESIGNEE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE ALAMO AREA HOUSING FINANCE CORPORATION; AND OTHER MATTERS IN CONNECTION THEREWITH.

Resolution No. 2008-R23 (M) APPROVAL OF COMPUTER EQUIPMENT PURCHASE WITH DELL FOR POLICE DEPARTMENT THROUGH THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT. As noted in the agenda packet, the purchase price for the equipment was listed at approximately $65,000. CONSENT AGENDA ITEM (BJ - APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING LOTS 1A AND 1C BEATRICE KNOX SUBDIVISION, AND LOTS 1 AND 2. NAZARENE SUBDIVISION, FROM "M-1A(R61) LIGHT INDUSTRIAL DISTRICT (WITH RESTRICTIONS)", "R-2 SINGLE AND TWO FAMILY DISTRICT" AND "C-3 COMMERCIAL DISTRICT" TO "C-1B GENERAL BUSINESS DISTRICT": Mayor Boyer read the above and foregoing caption.

Interim Planning Director Kinsey noted that a letter had been issued by Chintan !Datel to clarify some issues raised by Irene Lehmann on behalf of her mother, Loretta Luehlfing, owner of several lots adjacent to the subject property.

Irene Lehmann of 1469 Pieper Road, New Braunfels, Texas, added that Mr. Patel had also assured her that drainage would be diverted to IH-35 and would not go into the neighborhood and would like a setback as far as possible.

Interim Planning Director Kinsey noted that any drainage issues would be addressed at the time of permitting. ·

Following input from staff, Mayor Pro-tem Pospisil moved to approve the second and final reading of this ordinance as presented. Councilmember Wiggins seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Goodner, Pospisil, Krueger, Wiggins, Zapata, and Mayor Boyer; AYES: None.

Ordinance No. 2008-42

CONSENT AGENDA ITEM (GJ - APPROVAL OF BUDGET TRANSFERS IN THE FY 2007-08 ADOPTED BUDGET IN THE GENERAL FUND, AIRPORT FUND, FACILITIES MAINTENANCE FUND, FAUST LIBRARY FUND AND A CAPITAL IMPROVEMENT FUND: Mayor Boyer read the above and foregoing caption and announced that Councilmember Goodner and Larry Horton had requested that this item be pulled from the Consent Agenda.

June 9, 2008 New Braunfels Regular City Council Meeting 5 13

Councilmember Goodner stated he had pulled this item from the Consent Agenda to receive additional information on the Airport, especially because of the large transfer amount and the recent situation with Silverstate Helicopters.

Support Services Director Korinchock stated that a budget adjustment and budget transfer would be necessary because of the effect of the recent departure of Silverstate Helicopters. Support Services Director Korinchock also noted that the increase in the cost of fuel had also impacted the fuel revenues and expenses at the Airport. Ms. Korinchock added that the $280,000 deficit was mostly due to the loss of Silverstate Helicopters and was impacting the Airport by about $35,000 per month.

Larry Horton of 200 Primrose Circle, New Braunfels, Texas, mentioned that the main reason he asked for this item to be removed from the Consent Agenda was that budgetary items should be discussed openly by City Council. Mr. Horton also expressed concern for the large transfer amount ($250,000) related to the Facilities Maintenance Fund.

Following Mr. Horton's input, Mayor Pro-tem Pospisil moved to approve the budget transfers in the FY 2007-08 adopted budged in the General Fund, Airport Fund, Facilities Maintenance Fund, Faust Library Fund and a Capital Improvement Fund as noted on pages 47-49 of the agenda packet. Councilmember Wiggins seconded the motion which was unanimously approved by City Council. I CONSENT AGENDA ITEM (NJ - APPROVAL OF THE CITY OF NEW BRAUNFELS HERITAGE COMMISSION RECOMMENDATIONS FOR ALLOCATING GRANT AWARDS FROM HOTEL OCCUPANCY TAX TO VARIOUS HERITAGE ORGANIZATIONS OF THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE AFOREMENTIONED ORGANIZATIONS FOR THE PURPOSE OF DISBURSEMENT AND USE OF FUNDING: Mayor Boyer read the above and foregoing caption.

Mayor Boyer noted that he had pulled this item from the Consent Agenda since the Heritage Commission had met a second time to revise its initial recommendations.

Mayor Pro-tem Pospisil mentioned that she had recently attended an all day training session on the use of HOT funds and was concerned over the caution that had been given to the Heritage Commission with regards to awarding more to organizations than requested in the applications. Mayor Pro-tem Pospisil continued by requesting an explanation for the lack of funding for Mainstreet Partners and the reduction in the award to the Conservation Society.

City Secretary Resendez informed City Council that Mainstreet Partners did not receive an award because the Heritage Commission felt it was a wine and music festival and not geared towards heritage preservation. City Secretary Resendez continued by noting that the Conservation Society's award was reduced due to the

June 9, 2008 New Braunfels Regular City Council Meeting 6 14

Heritage Commission's view that some of the work estimates in the application were over inflated and the dollar amount for in-kind seNices was off by about $10,000.

City Attorney Wayland emphasized that he had warned the Heritage Commission to not award more to organizations than had been requested because of performance problems with justifying the grants.

Following no further discussion, Councilmember Wiggins moved to approve the recommendations of the Heritage Commission as listed in Table 2 of the rationale sheet and as listed below:

2008 Request 2008 Commission Organization 2007 Grant Recommendation

NB Conservation Society 43,650 47,240 27,200

Heritage Society of NB, Inc. 33,000 33,000 42,300

Historic Museums Association of NB 5,500 12,270 13,600

NB Historic Railroad & Modelers Society, Inc. 13,700 13,500 13,600

Sophienburg Archives and Museum of Natural History 44,150 45,800 54,300

New Braunfels Mainstreet Partners, Inc. 3,000 from Arts 8,800 -0-

TOTAL HERITAGE $151,000

Councilmember Krueger seconded the motion which was approved by City Council by a 4/2/0 vote with Mayor Pro-tem Pospisil and Councilmember Goodner casting the only two dissenting votes.

DISCUSS AND CONSIDER APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES BY ADOPTING THE 2006 EDITIONS OF THE INTERNATIONAL RESIDENTIAL, BUILDING, PLUMBING. MECHANICAL, FUEL GAS, ENERGY CONSERVATION, EXISTING BUILDING, FIRE, PROPERTY MAINTENANCE ANSI A117-2003 AND 2005 NATIONAL ELECTRIC CODES; MAKING VARIOUS AMENDMENTS, DELETIONS, AND MODIFICATIONS TO THE 2006 INTERNATIONAL CODES; ESTABLISHING RELATED PERMIT FEES AND PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT: Mayor Boyer read the above and foregoing caption.

Interim Planning Director Kinsey informed City Council that the first reading of this ordinance occurred at the previous regular City Council meeting and that staff was asked to make some changes as well as add the Existing Building Code.

Mayor Pro-tem Pospisil then moved to approve the second and final reading of this ordinance as presented. Councilmember Wiggins seconded the motion.

June 9, 2008 New Braunfels Regular City Council Meeting 7 15

Following no public input and a short comment from Mayor Pro-tem Pospisil with regards to the Existing Building Code, City Council approved the second and final reading of this ordinance by the following roll call vote; A YES: Councilmembers Pospisil, Krueger, Wiggins, Zapata, Goodner, and Mayor Boyer; A YES: None.

Ordinance No. 2008-43

DISCUSS AND CONSIDER APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS. TEXAS, AMENDING CHAPTER 54, "FIRE PREVENTION AND PROTECTION; EMERGENCY MEDICAL SERVICES" OF THE CODE OF ORDINANCES CITY OF NEW BRAUNFELS, TEXAS, BY ADOPTING, WITH MODIFICATIONS AND AMENDMENTS, THE "2006 INTERNATIONAL FIRE CODE"; MAKING VARIOUS AMENDMENTS, DELETIONS, AND MODIFICATIONS TO THE "2006 INTERNATIONAL FIRE CODE"; ESTABLISHING RELATED PERMIT FEES AND PENALTIES; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT: Mayor Boyer read the above and foregoing caption.

Fire Marshal Edwards introduced this item to City Council noting that the most significant change in the ordinance was moving the square footage of new construction to be sprinkled from 6,000 to 9,000 square feet as well as for renovated buildings.

Following comments and questions from several Councilmembers regarding the 9,000 square foot threshold for the sprinkling of buildings and the specific codes that surrounding cities operate under, Mayor Pro-tem Pospisil moved to approve the second and final reading of this ordinance as presented. Councilmember Krueger seconded the motion.

Mayor Boyer then opened the floor to public input.

Teri Bilby of 6363 DeZavala Road, Suite 300, San Antonio, Texas 78232, speaking on behalf of the San Antonio Apartment Association, expressed concerns over Section 308.1.1 related to the requirement of signs related to the use and storage of Bar-B-Que grills in apartment complexes and to the identification of buildings as mentioned in Section 505.1.

Following comments from Fire Marshal Edwards, Mayor Pro-tem Pospisil moved to amend Section 505.1 of the ordinance by removing the words "from the opposite side of the street or road fronting the property". Councilmember Krueger seconded the amendment which was unanimously approved by City Council.

Dan Castillo of 395 E. Faust Street, New Braunfels, Texas, made comments related to what the Building Code was doing, what the Existing Building Code was doing and what these amendments were doing for the City.

June 9, 2008 New Braunfels Regular City Council Meeting 8 16

Councilmembers then discussed the definition of occupancy and revisited the impact of required sprinkling at 6,000 square feet versus 9,000 square feet.

Following input from Dan Castillo and Fire Marshal Edwards, Mayor Pro-tem Pospisil moved to amend Section 903.1.1 (c) to read as follows: t

Next, Fire Marshal Edwards addressed questions related to the triggering of the sprinkling of buildings and the ability to accomplish sprinkling in phases.

Continuing with the item, with regards to Section 3.08 of the ordinance, Councilmember Zapata questioned the placement of signs throughout an apartment complex versus the notification being placed in the lease. Some Councilmembers commented that notification through a 4" x 6" placard was not that obtrusive and was necessary for enforcement purposes.

The last part of the discussion related to the effective date of the ordinance.

Following this short discussion, Councilmember Wiggins moved to table the second and final reading of this ordinance until a better comfort level could be achieved with regards to the 9,000 square foot minimum. Mayor Pro-tem Pospisil seconded the motion which was unanimously approved by City Council.

DISCUSS AND CONSIDER AN APPEAL TO THE NON-RESIDENTIAL AND MULTIFAMILY DESIGN STANDARDS MASONRY REQUIREMENT. FOR A PERMIT APPLICATION FOR A NEW COMMERCIAL BUILDING TO BE LOCATED AT 1090 BUSINESS IH 35: Mayor Boyer read the above and foregoing caption.

Interim Planning Director Kinsey noted that a building permit application had been submitted for a New Braunfels Smokehouse Restaurant, to be located at 1090 Business IH-35 North that had been denied by the Planning Department due to the proposed building not meeting the minimum masonry requirements as regulated by Section 5.21-4 of the Zoning Ordinance. Interim Planning Director Kinsey added that the existing Smokehouse Restaurant on Loop 337 would be demolished and that the exterior wood fa9ade of the existing restaurant would be used on the new restaurant to maintain a similar appearance.

Mike Dietert of 295 E. Garza, New Braunfels, Texas, general manager of the New Braunfels Smokehouse Restaurant, spoke of how a masonry exterior would not work for the downsized structure and mentioned how the redwood siding on the old structure was being proposed for the exterior of the new structure along with some of the old roofing material.

June 9, 2008 New Braunfels Regular City Council Meeting 9 17

Following Mr. Dietert's history of the New Braunfels Smokehouse Restaurant, Mayor Pro-tem Pospisil moved to approve the permit application for a new commercial building to be located at 1090 Business IH 35. Councilmember Krueger seconded the motion.

The item continued with Councilmembers sharing their positive views on the proposed development and Mr. Dietert informing City Council of the development plans for the entire tract.

The matter concluded with City Council unanimously approving the motion proposed by Mayor Pro-tem Pospisil.

DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE-DATE: Mayor Boyer read the above and foregoing caption.

Support Services Director Korinchock introduced this item to City Council noting that the attached Notice of Intent Resolution represented the City's required action to begin the process of the sale of $14.3 million in Certificates of Obligation to fund the costs associated with the various projects listed below that somehow had been acted upon by City Council:

• Goodwin Lane street improvements - construction 1,000,000 • Morningside Drive street improvements - construction 1,000,000 • Walnut Avenue Widening right-of-way acquisition 7,800,000 • South Tributary drainage improvements- construction 1,000,000 • Public Works/Fire Training facilities - land acquisition 2,100,000 • Public Works facility- design 800,000 • Fire training facility - design 300,000 • Debt issuance and contingencies 300,000

TOTAL $14,300,000

Support Services Director Korinchock then made reference to the timetable of events that would be followed to assure that the ordinance authorizing the issuance of the Certificates of Obligation would be addressed at the August 11, 2008 Regular City Council Meeting. Ms. Korinchock stated that staff's recommendation was for the resolution, authorizing and approving publication of the notice of intent to issue the certificates of obligation, be approved by City Council.

Following comments from Councilmembers, Support Services Director Korinchock made note of certain budgetary information related to the City's General Fund.

June 9, 2008 New Braunfels Regular City Council Meeting 10 18

Mayor Boyer then opened the floor to public comment.

Wayne Rudolph of 1216 Shenandoah Drive, New Braunfels, Texas, expressed concern over how he had lived in the City of New Braunfels for the last seven years and how he had not been granted the privilege to vote on one bond issue. He noted that the City was now $60,000,000 in debt and was considering an additional $14,300,000. Mr. Rudolph continued by addressing budgetary issues related to some of the listed projects.

Following no further public input, Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Wiggins seconded the motion which was approved by City Council by a 5/1/0 vote with Councilmember Goodner casting the only dissenting vote.

Resolution No. 2008-R24

DISCUSS AND CONSIDER APPROVING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION, APPROVING A GRANT IN A MAXIMUM AMOUNT OF UP TO $128,000 TO EH SYSTEMS, INC. AT $4,000 PER NEW JOB CREATED UP TO A MAXIMUM OF 32 NEW SIMULTANEOUS JOBS DUE TO RELOCATING NEWLY PURCHASED MANUFACTURING EQUIPMENT AND A NEW AUTOMATED BUILDING COMPONENT MANUFACTURING BUSINESS TO NEW BRAUNFELS, TEXAS; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.

Michael Meek of 786 Timber Drive, New Braunfels, Texas, President of the Greater New Braunfels Chamber of Commerce, introduced this item to City Council. Mr. Meek informed City Council that EH Systems, Inc. had purchased the assets of Pulte Homes Sciences in Manassas, Virginia and was expanding their very green company located at the former Moll Building which dealt with the manufacturing of insulated panels. Mr. Meek mentioned that the training incentive offered by the 4B Board was a $4,000 training grant per new employee, up to a maximum of 32 local employees above the 32 currently in place, up to a grant maximum amount of $128,000. He added that the jobs that would be created would be set at the level of the County's wage which was about $15.00 per hour plus benefits with implementation being complete within a 24 month period.

Following comments and questions from Councilmembers, Councilmember Wiggins moved to approve the resolution as presented. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

Resolution No. 2008-R25

June 9, 2008 New Braunfels Regular City Council Meeting 11 19

PRESENTATION AND DISCUSSION REGARDING THE AIRPORT MASTER PLAN AND ITS ADOPTION AND INCORPORATION INTO THE CITY'S COMPREHENSIVE DEVELOPMENT PLAN: Mayor Boyer read the above and foregoing caption.

Andy Spinks, Airport Director for the City of New Braunfels Municipal Airport, briefed City Council on the four-year process that culminated in the Airport Master Plan, the subject of this discussion. Director Spinks continued by introducing Larry Valdez, a consultant with Parkhill Smith & Cooper, Inc.

Larry Valdez opened his presentation by noting that he would be navigating City Council through a PowerPoint presentation that had .been provided to Council prior to this matter being addressed. Mr. Valdez commenced by covering information related to the the Master Planning Process that ultimately produced an Analysis and Final Report. Next, Mr. Valdez addressed a forecast for operations for the Airport that listed the following tables:

Forecast - Operations Year Operations 2004 26,000 2009 43,300 2014 58,600 2024 95,200

Forecast - Based Aircraft Year Fixed Wing Aircraft Helicopters 2004 139 6 2009 152 20 2014 163 22 2024 184 25

Next, Mr. Valdez covered the facility needs that were identified for the Airport which were: Pavement Rehabilitation and strength; Aircraft Storage Facilities; Airfield Lighting and Navaids; Runway 17-35 Extension to 7,000 feet; and, new and extended Taxiways/Aprons.

Proceeding with the subject matter, Mr. Valdez addressed a phased plan of improvements that made reference to a mapped drawing of CIP Scenario #4 that noted short and long term projects by color. Mr. Valdez then mentioned information related to 2004 and 2024 noise impact contours and covered recommended land use planning and zoning areas around the airport for its future protection.

Mr. Valdez moved forward with his presentation by noting four financial scenarios that were identified. Mr. Valdez stated that Scenario #4 was being recommended, which called for an expenditure of $53.1 million dollars, with the City's share being $4.4 million dollars. He continued by noting some of the potential, future, airport projects that could be considered under this scenario.

June 9, 2008 New Braunfels Regular City Council Meeting 12 20

The next portion of this item allowed for Councilmembers to clarify issues and request additional information on items covered during the presentation. Director Spinks noted that this was a plan for the Airport to proceed with, in scheduling projects that would be most beneficial to the Airport.

Following no public input, Mayor Pro-tem Pospisil moved to accept the Airport Master Plan as presented. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

DISCUSS AND CONSIDER PERSONNEL MATTERS INVOLVING THE ANNUAL EVALUATION OF A PUBLIC OFFICER OR EMPLOYEE - MUNICIPAL COURT JUDGE, IN ACCORDANCE WITH SECTION 551.074, OF THE TEXAS GOVERNMENT CODE: Mayor Boyer read the above and foregoing caption at 9:18 p.m. and announced that City Council would go into executive session in Conference Room B to evaluate Municipal Court Judge Hartin.

City Council returned into public session at 9:45p.m., which followed with Mayor Pro-tem Pospisil moving to give Sara Hartin a 10% raise in her salary. Councilmember Zapata 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 and City Attorney Wayland had nothing to report under this caption.

ADJOURNMENT: This Regular meeting adjourned at 9:49 p.m.

Date Approved: June 23, 2008

By: R.BRUCEBOYER,MAYOR

Attest:

MICHAEL A. RESENDEZ, CITY SECRETARY

~une 9, 2008 New Braunfels Regular City Council Meeting 13 21

COUNCIL AGENDA ITEM

SUBJECT MATTERIPROJECT: Presentation and Update on Current Park Projects and Planning Efforts ORIGINATING DEPARTMENT: Parks and Recreation PRESENTER: Stacey Laird

COUNCIL DATE: June 23, 2008 AGENDA#:

AGENDA CAPTION: PRESENTATION AND UPDATE BY THE PARKS AND RECREATION DEPARTMENT ON CURRENT PLANNING EFFORTS AND PARK PROJECTS.

RATIONALE: This presentation will update Council on recent park projects including Landa Park Bath House renovations, Hinman Island Retaining Walls, Prince Solms Park sidewalks, Skate Park Designs, and the Landa Park Master Plan.

FISCAL IMPACT: nla

BOARD RECOMMENDATION: n/a

STAFF RECOMMENDATION: n/a

Finance: ______Agenda Item #: __1=-.:..._A---'---- Attachments: 0 Council Date: June 23, 2008 22

COUNCIL AGENDA ITEM

SUBJECT CITIZENS' COMMUNICATIONS MATTER/PROJECT: ORIGINATING DEPARTMENT: Mayor PRESENTER: Mayor Boyer

COUNCIL DATE: June 23,2008 AGENDA#: 3

AGENDA CAPTION:

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.

RATIONALE:

FISCAL IMPACT:

BOARD RECOMMENDATION:

STAFF RECOMMENDATION:

Finance: ______Agenda Item#: _..,.....::::3:::.---=----=::---=-- Attachments: 0 Council Date: {p- .l-3- .::100 &> 23

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: CONSENT AGENDA ORIGINATING DEPARTMENT: VARIOUS PRESENTERS: VARIOUS COUNCIL DATE: JUNE 23, 2008 AGENDA ITEM #: 4(A-C)

ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE AND NON-CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILMEMBER OR C.ITIZEN SO REQUESTS, IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS PART OF THE NORMAL ORDER OF BUSINESS.

Item Description Source Status A APPROVAL OF THE PURCHASE OF MOBILE DATA TERMINALS R. Everett/M. See briefing sheet. (MOTS) FROM GENERAL DYNAMICSIITRONIX FOR THE POLICE Quinones DEPARTMENT.

8 APPROVAL OF COMPUTER EQUIPMENT PURCHASE WITH CDW- R. Everett/M. See briefing sheet. G FOR THE POLICE DEPARTMENT USING THE STATE OF TEXAS Quinones DEPARTMENT OF INFORMATION RESOURCES CONTRACT.

c APPROVAL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO J. Klein/M. See briefing sheet. ',CONTRACTS WITH TERRACON CONSULTANTS, INC., AND ARIAS Quinones AND ASSOCIATES FOR CONSTRUCTION AND MATERIAL TESTING SERVICES.

Attachments: yes Agenda Item #: 4(A-C) Council Meeting: 06/23/08 24

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: AWARD OF PURCHASE WITH ITRONIX Chief Everett/Mary ORIGINATING DEPARTMENT: Police/Support Services PRESENTER: Quinones COUNCIL DATE: June 23, 2008 AGENDA #: LJR

AGENDA CAPTION: APPROVAL OF THE PURCHASE OF MOBILE DATA TERMINALS (MOTS) FROM GENERAL DYNAMICS/ITRONIX FOR THE POLICE DEPARTMENT.

RATIONALE: Council approved the original purchase of the mobile data terminals (MOTs) for the Police Department on July 24, 2006. At that time, the Police Department received approval to purchase 80 of the MOTs at a per unit cost of $5,159.16. Presently the Police Department has eight new positions that require the use of these MOTs. The MOTs are being quoted at a per unit cost of $4,707.

The MOTs being requested are the same brand and model as current laptops to ensure efficient and productive service, maintenance, and consistency in Officer use and training.

The total amount for this purchase will be $38,055.84 for the eight MOTs and accessories for the equipment.

I FISCAL IMPACT: Funds are available in the Police Department budget.

STAFF RECOMMENDATION: APPROVE MOBILE DATA TERMINALS PURCHASE WITH GENERAL DYNAMICS/ITRONIX FOR POLICE DEPARTMENT.

Finance: ------Agenda Item#: __4:..._._.A ___ _ Attachments: D Council Date: June 23, 2008 25

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: AWARD OF PURCHASE WITH CDW-G Chief EveretUMary ORIGINATING DEPARTMENT: Police/Support Services PRESENTER: Quinones COUNCIL DATE: June 23, 2008 AGENDA#:

AGENDA CAPTION: · APPROVAL OF COMPUTER EQUIPMENT PURCHASE WITH CDW-G FOR THE POLICE DEPARTMENT USING THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT.

RATIONALE: Council approved an lnterlocal Agreement for the Police Department to obtain a state of the art comprehensive police information system on May 27, 2008. The equipment listed below is needed to supplement our current computer operating system, replace equipment and migrate from an IBM platform to a windows based SQL platform.

Equipment includes bar code scanner and peripherals for evidence processing and management, identification card readers for patrol MDT's to automate inquiries and improve Officer safety, centralized monitor in the 911 Center to increase effectiveness of emergency operations, Microsoft Office software for departmental computers to fully utilize technical and staff capabilities, and Cisco switches to ensure high-speed network connections.

Jotal cost for these items will be approximately $47,000.

FISCAL IMPACT:

Funds are available in the non-departmental technology budget.

STAFF RECOMMENDATION: APPROVE COMPUTER EQUIPMENT PURCHASE WITH CDW-G FOR POLICE DEPARTMENT USING THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURSES CONTRACT.

Finance: Agenda Item#: __Lj_:__"_B __ _ Attachmen-ts_: ___O>!'" . ..------Council Date: _J.:....:u""'ne"--2=3'-'-, 2=0'-'-0-'-8 __ 26

COUNCIL AGENDA ITEM

SUBJECT AWARD OF CONSTRUCTION MATERIAL TESTING CONTRACTS MATTER/PROJECT: Public Works/Support ORIGINATING DEPARTMENT: PRESENTER: Jim Klein/Mary Quinones Services COUNCIL DATE: June 23, 2008 AGENDA#:

AGENDA CAPTION: APPROVAL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTS WITH TERRACON CONSULTANTS, INC. AND ARIAS AND ASSOCITIES FOR CONSTRUCTION AND MATERIAL TESTING SERVICES.

RATIONALE: City Staff is expecting to award street construction contracts the remainder of this year on numerous projects included as 2004 and 2007 Certificates of Obligation identified projects. The projects include Phase 3-05, Phase 1-06, Phase 2-06, Phase 3-06/Katy & Mesquite, South Tributary and miscellaneous drainage projects. These projects will require material testing for hot mix asphalt, soils and flexible base, concrete, aggregate and lab testing. A request for qualifications was released and eight responses were received. Based on the evaluation of the responses, contracts are being negotiated with Arias and Associates and Terracon Consultants, Inc.

Currently the City has a contract with Terracon Consultants, Inc. for the Walnut Avenue Extension Project testing. They are performing professionally and their response time is satisfactory. Staff also has past experience with Arias and Associates. We are recommending awarding two contracts for material testing services. Staff will be able to alternate the assignment of work. This will allow us flexibility to make sure we are getting adequate response to our testing needs.

FISCAL IMPACT: Funds are available in the various project budgets. Testing services should not exceed $80,000 for the projects involved.

STAFF RECOMMENDATION: AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTS WITH TERRACON AND ARIAS AND ASSOCITIES FOR CONSTRUCTION AND MATERIAL TESTING WITH THE TOTAL AGGREGATE CONTRACT AMOUNTS NOT TO EXCEED $80,000.

I}~ Finance: ____'7""<'" __ _ Agenda Item#: --~-'---=L/=---- Attachments: Q Council Date: --=..:Ju=ne-=-=23"'-, =20:....:.0.=...8 __ 27

COUNCIL AGENDA ITEM

SUBJECT MATTER!PROJECT: Resolution, Grant Funding Public Works - Solid Waste ORIGINATING DEPARTMENT: PRESENTER: James Ballowe & Recycling Division COUNCIL DATE: 6/23/08 AGENDA#: Sf-l

AGENDA CAPTION:

DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF NEW BRAUNFELS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS , THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

RATIONALE:

The Solid Waste Department is applying for two grants. The first grant is for the production and distribution of a quarterly newsletter aimed at New Braunfels residents. The purpose of this newsletter is to inform residents of the City's recycling programs and to provide general environmental education. The , second grant involves upgrades to the City's Recycling Center and its programs to improve operational efficiency. Major portions of the second grant will be used to purchase dumpsters, signage, and storage for the Recycling Center.

FISCAL IMPACT: The estimated cost for the proposed projects is $62,300 in grant funding and approximately $7,505 from in-kind services. The proposed projects will not impact the department's operating budget should the grants be awarded, and if received, the grants will allow department to continue its efforts in educating residents throughout the community in our solid waste management efforts to include resource reduction, reuse and recycling.

BOARD RECOMMENDATION:

STAFF RECOMMENDATION:

Staff recommends that Council approve the Resolution to apply for a Municipal Solid Waste Grant from the Alamo Area Council of Governments.

Finance: Agenda Item#: -----.5_._A"""'. '--=---;;:: Attachments: council Date: {P- 43 -~oaf 28

RESOLUTION NO. 2008-R'-----

CONSIDERATION AND APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF NEW BRAUNFELS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

WHEREAS, the Alamo Area Council of Governments (AACOG) is directed by the Texas Commission on Environmental Quality (TCEQ) to administer solid waste grant funds for implementation the COG's adopted regional solid waste management plan; and

WHEREAS, the City of New Braunfels in the State of Texas is qualified to apply for grant funds under the Request for Applications.

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

1. That the City Manager_is authorized to request grant funding under the AACOGs' Request for Applications of the Regional Solid Waste Grants Program and act

I I on behalf of the City of New Braunfels in all matters related to the grant application and any subsequent grant contract and grant project that may result.

2. That if the project is funded, the City of New Braunfels will comply with the grant requirements of the AACOG, Texas Commission on Environmental Quality and the State ofTexas.

3. The grant funds and any grant-funded equipment or facilities will be used only for the purposes for which they are intended under the grant.

4. That activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed.

ADOPTED AND APPROVED on this the 23rd day of June, 2008 .

R. BRUCE BOYER, Mayor Attest:

MICHAEL A. RESENDEZ, City Secretary 29

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Traffic Light at FM 725 and South Bank Subdivision ORIGINATING DEPARTMENT: Public Works PRESENTER: Steven Ramsey

COUNCIL DATE: June 23, 2008 AGENDA#:

AGENDA CAPTION: PRESENTATION, DISCUSSION AND ACTION REGARDING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO ESTABLISH A TRAFFIC LIGHT AT FM 725 AND THE SOUTH BANK SUBDIVISION AND TO ACCOMPLISH NECESSARY ENGINEERING DESIGN AND ESTABLISHMENT OF NECESSARY PROJECT BUDGET

RATIONALE: With the opening of the Klein Road Elementary school in August 2008, the New Braunfels Independent School. District (NBISD) requested the City of New Braunfels support for the Texas Department of Transportation (TxDOT) installation of a traffic light at FM 725 and the South Bank Subdivision (see attached letter). TxDOT considered the request and determined that a light is warranted at this location. However, due to funding limitations, TxDOT has indicated they do not have available funding for design or construction at this time. In cooperation and in support of the NBISD it is recommended the City of New Braunfels provide the design and construction funding for TXDOT installation of a traffic signal at the described location.

Staff recommends the city employ Civil Engineering Consultants Inc. to design the traffic signal at an estimated cost of $20,000. Further it is recommended that the city enter into an agreement with TxDOT at an estimated contract price of $121,000 for construction and installation of a traffic signal at FM 725 and the South Bank Subdivision.

FISCAL IMPACT: The estimated total cost of the signal installation is $141,000 with funds being made available out of the Public Works Streets budgeted funds set aside for establishment of an extra street crew. $242,000 was set aside for an additional street crew; however, the department is having trouble attracting and keeping qualified regular crew members and the need for an additional crew never materialized and funds are available for transfer.

BOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: The City Manager is authorized to enter into an agreement with the Texas Department of Transportation to establish a traffic light at FM 725 and the South Bank Subdivision and the project budget of $141,000 be established through a budget transfer from the FY2007 -08 General Fund Non-Departmental Budget Street contingency to the Non-Department Capital Expenditures appropriation.

Finance:----.---- Agenda Item#: __5_- _ _..B~- Attachments: J ~ Council Date: _J::.::u::.:.ne=-:2=3"-',2=0:.::.08=---- 30

Office oftlie Superintendent of Scfioofs :New (}3raunjefs Intfepetulent Sclioo{(])istrict

Michael T. Smith 430 W.. \Ifill, New Hrauntcls, rcxns 78130 Superintendent of Schools. local 830.643.5700 metro 830.606.1423 tax 830.6<13.5701 c-nmil: IJ!.S!!l.i.lh1t!)I!WI~.!l!!!lllcls.l:o;,!!d.nct

May 9, 2008

Mr. Michael Morrison City Manager City of New Braunfels 424 S. Castell St. New Brmmlels, Texas 78130

Dear Michael:

On behalf of the New Braunfels Independent School District, I respectfully n:quest the support of the City of New Braunfels for the installation of a traff1c signal at the intersection of South bank Subdivision and f'M 725.

As you arc aware, the newest NBISD campus - Klein Road Elementary -- is slated to open in August 2008. This campus, located about n mile fi·om FM 725 off Klein Road, will house approximately 600 students and faculty members. Many of these students and staff members will travel FM 725 in the mornings and afternoons coming to and ti·om this campus.

'i'he opening of this school will create additional tmffic on this highly-traveled narrow PamHo-Mm·ket road on the city's cast side. To further complicate trartic congestion in the morning, the District expects close to 60 students will be traveling in vehicles from Southbank Subdivision et·ossing 725 to get to Klein Road Elementary. Some or these students will usc school bus transpot1ation while some will usc parent provided transportation. The District agrees with the Texas Department of Transportation that there is a need for a tral'fic signal at this intersection.

This District appreciates the stand taken in the past by the City of New Braunfels to addl·css traft1c safety concerns on the roads and intersections in the areas of our II campuses.

Your continued support is needed to help ensure the safety of the student body and Htculty at our new eetmpus. The support of the City of New Braunfels in securing a traffic signal at FM 725 and South bank is requested and Clpprcciatcd by the NBISD. ~~~~js~~ ~~hac I r. Sm itl1 Superintendent New Braunfels lSD 31

COUNCIL AGENDA ITEM

SUBJECT Phase 2-05 Street Maintenance Project Adjustment MATTERIPROJECT: ORIGINATING DEPARTMENT: Public Works PRESENTER: Steven Ramsey

COUNCIL DATE: June 23, 2008 AGENDA#:

AGENDA CAPTION: PRESENTATION, DISCUSSION AND ACTION REGARDING THE STATUS OF THE PHASE 2-05 STREET MAINTENANCE PROJECT AND AUTHORIZING NECESSARY PROJECT BUDGET ADJUSTMENTS

RATIONALE: City Council authorized a contract with Valemas, Inc. for construction of the Phase 2-05 Street Maintenance Projects on May 8, 2006. The project includes the Veramendi Drainage Improvement Project which was completed on May 31, 2007 and in addition, work on Mill Street, Canyon Drive and Stonewall Street was completed in early 2008.

Currently the City is trying to close out the project with Valemas, Inc. There are however issues regarding completion time and outstanding contractor claims. With approved changes the contract was originally scheduled to be complete by April17, 2007. Considering 45 additional rain days (city staff estimate) the revised completion date was June 1, 2007. The project was actually completed on February 11, 2008. Due to delayed completion and associated work expended by the City consultant Carter::Burgess and the City's materials costs on Mill Street, and the contractor reworking the intersections of Mill Street at Sycamore Avenue and Mill Street at Santa Clara Avenue not originally called for in the contract the project budget needs to be amended.

The City also needs to allow funds to cover the cost of processing outstanding construction claims. Any additional construction expense that may result from negotiations to close out the project will be brought back to council for approval.

FISCAL IMPACT: The original project budget was established at $1,577,439 with no project contingency. A 10% contingency amounts to $157,744. The change being recommended at this time is an increase in the project budget of $115,500 or 7.322%. Funds are available in the 2007 Certificates of Obligation contingency line item to provide this funding.

BOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: Staff recommends that existing budget be amended by $115,500 bringing the new total amended budget to $1,692,939 using funds from the 2007 Certificates of Obligation Capital Improvement Fund contingency line item.

fl Finance: Agenda Item#: ---=---V=----5 Attachments: D Council Date: June 23, 2008 32

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Railroad Quiet Zones ORIGINATING DEPARTMENT: Public Works PRESENTER: Steven Ramsey COUNCIL DATE: June 23, 2008 AGENDA#: sb

AGENDA CAPTION: PRESENTATION, DISCUSSION AND ACTION REGARDING EXPLORING THE POSSIBILITY OF RAILROAD QUIET ZONE IMPLEMENTATION IN THE CITY OF NEW BRAUNFELS

RATIONALE: Currently, there are two primary railroad lines running through the City of New Braunfels. The main Union Pacific line is designated as "Number 1 Main;, and is the former Missouri Pacific line running north to south from FM 306 at Goodwin Lane to Loop 337 south. The "Number 2 Main" is a Union Pacific line or former Missouri-Kansas-Texas line running north to south from FM 306 at Gruene to Loop 337 south.

Currently, the Department of Transportation Federal Railroad Administration requirements include sounding horns at road grade crossing throughout the City of New Braunfels. Numerous trains pass through the city every day and through the night and there are as many as 16 crossings on the Number 1 Main and 18 crossings on the Number 2 Main. Those living near these crossings must endure the noise.

Recently cities in Texas have been converting to quiet zones and have eliminated the federal requirement for trains to sound horns at road crossings. To accomplish this appropriate studies and safety measures must be accomplished to receive a quiet zone designation. Staff suggests that the City explore the pbssibility of railroad quiet zone implementation in the City of New Braunfels. This would involve obtaining the services of a consultant to assist in preparing a Notice of Intent to file with the Federal Railroad Commission, establishing the make up and responsibility of a Diagnostic Review Team to be appointed by the City Manager, establishing study and research requirements, establishing Additional and Supplemental Safety Measures, exploring liability issues and presenting estimated costs for implementation. Based on the findings of this exploratory work the city would then be in a better position to decide whether to further pursue establishment of Railroad Quiet Zones.

FISCAL IMPACT: Employment of a consultant to assist in initial work will cost an estimated $6,000.

BOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: Staff be given authorization to explore the possibility of Railroad Quiet Zone implementation in the City of New Braunfels.

Finance: Agenda Item#: _ ___::::,5~_.;!.D__ _ Attachments: 0 Council Date: June 23, 2008 33

COUNCIL AGENDA ITEM

SUBJECT PUBLIC HEARING AND CONSIDERATION OF PROPOSED CHANGE TO MATTER/PROJECT: THE CHAPTER 118-46 y.1, PLATTING ORDINANCE ORIGINATING DEPARTMENT: PLANNING PRESENTER: JIM KLEIN COUNCIL DATE: JUNE 23,2008 AGENDA#: 5E

AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF_ AN ORDINANCE AMENDING SECTION 118-46-y. 1, PLATTING, NEW BRAUNFELS CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE

RATIONALE: Staff is proposing to amend Sec. 118-46 y. 1 Traffic Impact Analysis, by allowing the City Engineer or Planning Director to waive the requirement for a TIA on projects where the expected peak hour trips are less than 50.

Sec. 118-46 y. 1 would be amended as follows (addition is underlined):

1. Requirements. No Master Plan, plat, project or driveway access shall be approved unless a traffic impact analysis (TIA) form, as provided for in this Section, is completed by the developer and approved by the City Engineer. A TIA may also be required by the Planning Director, the Commission or the City Council as part of a zoning change application. The City Engineer or Planning Director may waive the requirement for a TIA on projects where the expected peak hour trips are less than 50. A TIA or peak hour trips (PHT) generation form shall be performed by the property owner or its agent according to the format established in this Section. The type of submittal required shall be based upon the number of PHT generated by the proposed development, as set forth in the following table:

TIA Table Submittal Type

Peak Hour Trips Submittal Type 100 or less PHT Generation Form (no TIA required) 101-500 Level1 TIA 501-1,000 Level2 TIA 1,001 or more Level3 TIA

When an activity on, or change occurs that varies from the activity on which a previous TIA was submitted and accepted, and the new activity places the project into a level different from that of the previous TIA or generates an increase of at least 100 PHT (or 10 percent for a Level 3 TIA) relative to the previous TIA, the property owner or its agent shall perform and submit to the City an amended TIA under the format described in this Section.

FISCAL IMPACT: N/A.

BOARD RECOMMENDATION: The Planning Commission held a public hearing June 3, 2008, and unanimously recommended approval.

STAFF RECOMMENDATION: Staff recommended approval.

ATTACHMENTS: 1. Excerpt from Planning Commission minutes of June 3, 2008.

U:\Pianning\CCagenda\Ordinance Amendments\Piatting Ord Ch 118 -46 y 6-0B.doc

Finance: · Agenda Item#: __5__ E __ _ Attachmen-ts-:-----....~,...... -t-~ Council Date: _J::..:u:.:..:.ne=-c2::.:3"-, 2::.:0:..::.0=-cB __ 34

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF JUNE 3, 2008

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding a proposed change to Sec. 118-46 y. 1, New Braunfels Code of Ordinances. Mr. Klein explained that the current ordinance required a Traffic Impact Analysis {TIA) worksheet for every commercial permit application but the recommended change allowed the City Engineer or Planning Director the authority to waive the requirement for projects that did not generate much traffic. He said the proposed change would eliminate a lot of paperwork.

Chairman Ybarra asked if there was a fee associated with the TIA submittal. Mr. Klein said there was not.

Chairman Ybarra opened the public hearing. No one spoke for or against the proposed change.

Motion by Commissioner Nolte, seconded by Commissioner Kotylo, to close the public hearing. The motion carried unanimously. (7 -0-0)

Motion by Commissioner Nolte, seconded by Commissioner LaRochelle, that the proposed change to Sec. 118-46 y. 1, New Braunfels Code of Ordinances, be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (7-0-0) 35

ORDINANCE NO. 2008-

AN ORDINANCE AMENDING SECTION 118-46-y. 1, PLATTING, NEW BRAUNFELS CODE OF ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE

WHEREAS, the City Council of the City of New Braunfels, Texas, finds it necessary to establish rules and regulations governing the orderly, efficient and environmentally sound development of land; and WHEREAS, City Council adopted a new Chapter 118, Platting, effective September 27, 2006; and WHEREAS, usage of the Platting Ordinance has identified certain sections that require corrections, adjustments, and additions; and WHEREAS, the Planning Commission held a public hearing on June 3, 2008, and made recommendations concerning these regulations; and WHEREAS, City Council finds that amending Chapter 118 is in the best interest of the citizens of New Braunfels; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT, Section 118-46-y. 1. is hereby deleted and replaced with the following:

I Sec. 118-46 y. Traffic Impact Analysis.

TIA Table Submittal Type

Peak Hour Trips Submittal Type 100 or less PHT Generation Form (no TIA required) 101-500 Level1 TIA 501-1,000 Level2 TIA 1,001 or more Level3 TIA

SECTION 2 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.

Page 1 36

SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION4 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 5 THIS ordinance will take effect on July 31, 2008. PASSED AND APPROVED: First Reading this the 23rd day of June, 2008. 1 PASSED AND APPROVED: Second and Final Reading this the 14 h day of July, 2008. CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

U:\Pianning\Ordinances\Subdivision Ordinance\Section 118-46 y 6-0S.ORD.doc

Page2 37

COUNCIL AGENDA ITEM

SUBJECT CLOSURE OF SHENANDOAH DRIVE AT WALNUT AVENUE MATTER/PROJECT: ORIGINATING DEPARTMENT: ENGINEERING PRESENTER: JAMES KLEIN COUNCIL DATE: JUNE 23, 2008 AGENDA#: !SF

AGENDA CAPTION: APPROVAL OF THE FIRST READING OF AN ORDINANCE FOR THE CLOSURE OF SHENANDOAH DRIVE AT THE INTERSECTION OF WALNUT AVENUE.

APPLICANT/REQUESTOR: City of New Bruanfels 424 S. Castell Avenue New Braunfels, TX 78130

BACKGROUND: The City Engineer is recommending the closure of Shenandoah Drive at the intersection of the extension of Walnut Avenue. Given the design for the extension of Walnut Avenue, the location of the off-set intersection to Walnut Avenue that will be made from Frances Street and the location of the proposed median openings, the City Engineer feels it is in the best interest for the safety and functionality of the Walnut Avenue Extension to not have the connection from Shenandoah Drive. Closure of Shenandoah Drive will allow for a left-hand turn lane to Frances Street. A connection to Walnut Avenue from Shenandoah area neighborhood will be open two blocks to the south from Sugarland Drive.

I Closure of this location will not change the functionality of the Shenandoah Drive from its existing condition. Safety measures will be taken to clearly mark the closure of Shenandoah Drive. The end of ·Shenandoah Drive will be separated from Walnut Avenue with a privacy fence. A sidewalk access and connection will be available to Walnut Avenue from Shenandoah Drive.

NOTIFICATION: Thirty (30) property owners within the immediate area were notified of the proposed closure. No responses were received in objection. Eleven responses were received in favor from numbers 1, 2, 9, 10, 11, 12, 15, 21, 24,29 and 30.

COMMISSION RECOMMENDATION: The Planning Commission considered the request on June 3, 2008, and recommended approval by a vote of 7-0-0. Planning Commissioners at the Hearing: Cheryl Casteel; Craig Massouh; 0. Daniel Castillo, Vice Chairman; Sandy Nolte; Jan Kotylo; Mike Ybarra, Chairman; and Richard LaRochelle

STAFF RECOMMENDATION: Staff recommends approval of the closure.

ATTACHMENTS: 1. Excerpt from Planning Commission minutes of June 3, 2008. 2. Notification Map 3. Aerial Map 4. Location Map

Finance: ----=--- Agenda Item#: __S__ J-_- __ Attachments: 5 ~~ Council Date: June 23, 2008 38

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF JUNE 3, 2008

DISCUSSION AND/OR ACTION ITEM(S) Consider the closure of Shenandoah Drive at the intersection of (future) Walnut Avenue. (City of New Braunfels) Mr. Klein briefed the Commission after which Mr. Greene noted that 30 notices were sent to property owners within in the imm~diate area; no responses were received in objection and 11 responses were received in favor (#1, 2, 9, 10, 11, 12, 15, 21,24, 29 and 30)

Chairman Ybarra asked if there was anyone in the audience who wished to comment.

Katherine Bowers, 2039 Dripping Springs, said she was in favor of the closure but asked that a barricade be constructed to prohibit vehicles from driving over the curb.

Harry Bowers, 2039 Dripping Springs, was also in favor of the closure but was concerned how it would be handled. He asked the Commission to consider recommending that City Council approve an eight-foot solid masonry wall instead of the traditional pickets.

Wayne Rudolph, 1216 Shenandoah, said he was in favor and that the City should erect a sign to alert drivers that the street did not go through to Walnut Avenue.

Betty Rimmelin, 1236 Shenandoah, said she supported the closure because otherwise Shenandoah would be used as a cut-through to avoid traffic on County Line Road.

Commissioner Casteel asked if a design for the barricade had been selected. Mr. Klein said he would construct whatever City Council directed. He added that the project was currently under budget and therefore there would be funds available to construct a better barricade. He said he would be happy to show the proposed design to property owners in the neighborhood.

Motion by Commissioner Castillo, seconded by Commissioner Nolte, that the closure of Shenandoah Drive at the intersection of (future) Walnut Avenue be forwarded to City Council with a recommendation to approve and "to make it pretty". The motion carried unanimously. (7-0-0)

ATTACHMENT 1 39

PLANNING COMMISSION -JUNE 3, 2008 -6:30PM New Braunfels Municipal Building, Council Chambers

NOTIFICATION OF PUBLIC HEARING AND CONSIDERATION FOR CLOSURE OF SHENANDOAH AT THE INTERSECTION OF WALNUT AVENUE

Applicant: City of New Braunfels

The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. "Z" indicates common ownership of properties. The property under consideration is marked as "SUBJECT".

1. Walne, Jeffrey & Pamela 2. Rimmelin, Louis Ill & Betty 3. Confidential 4. Nava, Javier 5. Martinez, Connie & Daniel 6. Bright, Kenneth & Terri Orth 7. Marshall Family Trust 8. Schulte, Larry & Denny 9. Jenkins, Brent & Patricia 10. Wallace, Jason & Kari 11. Grandjean, Greg & Tears 12. Bauman Family Trust 13. McMahan, Michael & Kelly 14. Roberts, Richard & Betty 15. Prejean, Joe & Sherri 16. Neumann, Michelle 17. Gibson, Larry & Donna 18. Bowers, Harry & Katherine 19. Rodrigues, Marty & Maria 20. Pierce, James & Patricia 21. Rudolph, Wayne & Claudine 22. Ayala, Armando Etal 23. Hernandez, Mary Ann 24. Joslyn, William & Lorraine 25. Humphreys, Bruce & Judith 26. Arnold Joseph & Monica 27. Roberge, Thomas & Doris 28. Whitinger, John 29. Cook, Shaulyn & Kevin 30. Benitez, Richard & Sylvia

SEE MAP ON REVERSE

ATTACHMENT 2 43

COUNCIL AGENDA ITEM

SUBJECT AN APPEAL TO CHAPTER 144, SECTION 5.21-3(C), MINIMUM BUILDING MATTER/PROJECT: ARTICULATION REQUIREMENTS ORIGINATING DEPARTMENT: PLANNING PRESENTER: ROBERT KINSEY

COUNCIL DATE: JUNE 23,2008 AGENDA#:

AGENDA CAPTION: DISCUSS · AND CONSIDER AN APPEAL TO CHAPTER 144, NEW BRAUNFELS CODE OF ORDINANCES, SECTION 5.21-3(C), TO NOT REQUIRE A PROPOSED COMMERCIAL BUILDING TO COMPLY WITH THE MINIMUM HORIZONTAL AND VERTICAL ARTICULATION REQUIREMENTS.

RATIONALE: A building permit application has been submitted for a new commercial building to be located at 2345 Loop 337, and to be known as Phase II of the Westview Plaza commercial development. The permit has been denied due to a non-compliance with the current requirelflents ot Section 5.21-3(c), Chapter 144, New Braunfels Code of Ordinances, which requires new commercial buildings to have minimum vertical and horizontal articulation features.

Phase I of the Westview Plaza project was permitted in 2006. The existing building currently houses Two Rivers Coffee, Any Time Fitness and approximately 1,300 square feet of additional retail space. The existing building does not contain any horizontal or vertical articulation other than the metal canopies over the storefront windows. Phase II of the project is shown on a master plan that was submitted with the approved building permit for Phase I. The building in question is, and always has been proposed to look identical to the building in Phase I of this project. However, the multifamily and non-residential building design standards became effective between phases of the project construction.

The applicant is appealing the decision of staff to require the new building to adhere to the articulation requirements set-forth in Section 5.21-3(c), so that the Phase II building will be able to match the Phase I building without having to retrofit the Phase I building to comply with the current building articulation standards.

Section 5.21-10 of the Zoning Ordinance states that enforcement of the Non-residential and Multifamily Design Standards may be appealed to the City Council if an application is denied by the Planning Director or his/her designee. The appeal must be scheduled for consideration on the regular agenda of the Council within 30 days after the submission is received, or, in the case of an incomplete submission 30 days after the submission is deemed complete. The Council shall review the plans and recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. The City Council shall determine final approval or disapproval of all site plan appeals.

FISCAL IMPACT: N/A.

BOARD RECOMMENDATION: N/A

Finance: -="'=a ___,_ ....---~-~ ,? /l ) Agenda Item #: --~=------'-{3~%- Attachments: 1 7~ v=o~ Council Date: --"'-'Ju=n.:;_e =23'-'-,=20'-'-0.:;_8 __ 44

STAFF RECOMMENDATION: Given the fact that the overall site development plans were submitted with the original permit application for Phase I of the development, staff recommends approval of the appeal for the Phase II building in the Westview Plaza development, to not to be required to adhere to the minimum vertical and horizontal articulation requirements and to have the same appearance as the building in Phase I.

ATTACHMENTS: 1. Applicant's letter of appeal 2. Site Plan 3. Elevation Plans & Elevation Photos of Phase I Building (existing) 4. Elevation Plans & Elevation Renderings of Phase II Building (proposed) 5. Sections 5.21-3(c)

U:\Pianning\CCagenda\Building Design Standards\2345 Loop 337 Westview Plaza Phase ll.doc

Finance: --'-"-n/..::.a ______Agenda Item#: ______Attachments: Council Date: June 23, 2008 45

Apex Commercial Development 175 Bendel Ranch Rd, New Braunfels, Texas 78133 (830)743-1258 ceU (830)885-6164 fax

Mr. Matt Greene Planning Department 6/09/08 City of New Braunfels

Re: CP 2008-150 2345 Loop 337

Dear Sir:

Thank you for your assistance in completing Phase I of the Westview Plaza last year. It is time to complete the project by f"mishing Phase II now, and we need your help getting started as soon as possible.

We are requesting a one-time variance regarding the height changes required on the front of the building, as this will be the last phase of this project. If we make the required changes, the buildings would not match each other.

As you can see from the picture and artist conception, the buildings are visually appealing as they are already. It would require extensive modification to the existing building to match any changes required on the second building. It would also require re-engineering structurally, architectural design, and precious time and money to make it work. We are a small company with limited resources, so this would be cost-prohibitive for us.

As you can imagine, time is of the essence on this project, as we already have two tenants scheduled to move in when complete, if we complete on time. Please help us by allowing us to proceed with the original plans submitted. Thanks again for your assistance •.•

-=-~--e-ly,L

Frank Bass

(830)743-1258

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Section 5.21. Non-Residential and Multifamily Design Standards.

5.21-1. Applicability of Non-Residential Design Standards. All non-residential and multifamily buildings, with the exception of those described in Section 5.21-2, below, that are adjacent to or front a public roadway, public park or Residential District must comply with the standards of this Section.

5.21-2. Structures Exempt from Design Standards. (a) Industrial uses. The Planning Director may exempt industrial use buildings when located in an "M-1 Light Industrial District", "M-1A Light Industrial District", "M-2 Heavy Industrial District" and "M-2A Heavy Industrial District" and where adjacent to other properties zoned and/or used for industrial or agricultural purposes;

(b) Expansions of existing buildings containing 10,000 sq. ft. or less gross floor area, if the expansion is no more than 40 percent of the existing building area;

(c) Expansions of existing buildings containing more than 10,000 sq. ft gross floor area, if the expansion is no more than 20 percent of the existing building area;

(d) Metal buildings used for industrial uses are not exempt from additional landscape standards as required in Section 5.21-3(e).

5.21-3. Building Mass, Articulation and Building Elements.

(a) Purpose. In order to provide building articulation and interest in design and human scale to the fac;:ade of a building, a variety of building techniques are required. The purpose of this section is to ensure that the front of non-residential and multifamily structures have a variety of offsets, relief, and insets to provide a more interesting fac;:ade appearance.

(b) Applicability. The following articulation standards shall apply to building facades facing a public street.

(i) Maximum Distance between Offsets: No building fac;:ade shall extend for a distance greater than three times its average height without a perpendicular offset.

(ii) Minimum Depth of Offsets: Offset depth shall be a minimum 15 percent of the average building height.

(iii) Minimum Length of Offsets: Offset shall extend laterally for a distance equal to at least 10 percent of the entire fac;:ade.

(iv) Offset Depth Variation: Offsets can be of varying depth as long as the minimal standard is satisfied.

(v) Fac;:ade Calculation: For calculation purposes, the fac;:ade shall be considered the total distance of the building line.

U:\Pianning\Zoning Ordinance\Sec. 5.21 Bldg. Design Stds .. doc Page3 ATTACHMENT 5 56

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Appointments to various boards and commissions ORIGINATING DEPARTMENT: City Secretary PRESENTER: Michael A Resendez

COUNCIL DATE: June 23, 2008 AGENDA#: Sf!•

AGENDA CAPTION:

DISCUSS AND CONSIDER ACTION REGARDING THE FOLLOWING CITY OF NEW BRAUNFELS BOARD AND COMMISSION APPOINTMENTS:

1) ONE MEMBER TO THE NEW BRAUNFELS MUNICIPAL AIRPORT ADVISORY BOARD FOR AN UNEXPIRED TERM ENDING MAY 12, 2009.

2) ONE MEMBER TO THE CONSTRUCTION BOARD OF APPEALS FOR A TERM ENDING FEBRUARY 24, 2013.

(See attached sheet and applications)

RATIONALE:

Vacancy notices were posted on the City's bulletin board and website.

The vacancy on the New Braunfels Municipal Airport Advisory Board is due to the resignation of Donald Staats, which was received by the City of New Braunfels on May 14, 2008. Applications were received from Richard D. LaRochelle, Sr., Jay Patrick and A Karen Casto.

Notice of 11 vacancies on the Construction Board of Appeals was officially posted on March 20, 2008. Since then, Bryan Ott (Master Plumber) and Craig Massouh (Architect) have filled two of the positions. Russell S. McDonald has submitted his application and wishes to be considered for the licensed mechanical contractor position. Positions will remain open for one registered design professional with engineering experience, one licensed electrical contractor, two licensed general contractors, and four alternates.

FISCAL IMPACT:

Not applicable.

BOARD RECOMMENDATION:

Not applicable.

STAFF RECOMMENDATION:

Staff recommends that City Council appoint interested applicants to the positions currently available.

Finance: Agenda Item#: ----=.5=-----1-ff-=---~ Attachments: Council Date: (p- ol3- ;).DO r 57

BOARD AND COMMISSION APPLICATIONS RECEIVED

1. Three members to the New Braunfels Municipal Airport Advisory Board for an unexpired term ending May 12, 2009.

• Richard D. LaRochelle, Sr., 2665 Dove Crossing Drive • Jay Patrick, 1225 Pelican Place • A Karen Casto, 1014 Barbarosa Road

2. One member to the Construction Board of Appeals for a term ending February 24, 2013.

• Russell S. McDonald, 1352 Poppy Lane

Applicants current service on Boards and Commissions

Richard D. LaRochelle, Sr. -currently serving on the Planning and Zoning Commission until May 31, 2009 and as an alternate on the Zoning Board of Adjustment until May 31,2010 Jay Patrick - currently not serving on any other boards and commissions A. Karen Casto - currently not serving on any other boards and commissions Russell S. McDonald - currently serving as an alternate on the Zoning Board of Adjustment until May 31, 2010

ATTACHMENT (A)

Finance: Agenda Item#: ______Attachments: Council Date: ______58

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name: ··"42.'c· L/4RIJ D. (4 J?oc&/ ELLe 91 . } . /' <'._- ) Street Address:pr_a21 ~:> T:o VF C?(r2SShv'fr ~)Yl. City, State & Zip: N £(A J .f31llu.J;Vffl~ . ·Ti 7~}30 I Phone Number: Home:&2&- 7/73 Business: Cei(Zit/)Jo/3-b02JI'3 E-mail:?~ ·pD~~£11£ 1877@ SI3C 6/.QBj(_j'V(J'

Employer: 2.£f711£0 fi?ooz 77f£ {!/77 IJF tJA/41/£1/Y

Occupation: CCX2 £ EAJFof2CEt"-16UT SLJI¥J2v;jo·1._ Business Address: 2Lb S . ~{)f}E/1'1 & i,A0· How long have you been a resident of New Braunfels? d2.. 'fe4't t

Are you a qualified voter of the City? ______,.'i~-~of,_· _<;._. _" ------

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

·= , sEE tJTilJCl/&1£V)

Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary. 59

SECOND PAGE

Do you currently serve on a City board or commission? Yes ~ No If yes, which board or commission? ZONJrt!r J30f.JIU() cF- 40:Jl)S7J'\1~;;1 How long? j., t11 0 rvTJ-1 5.: E 'Sf. OS-31-Dt! .

Do you have any relatives who work for the City of New Braunfels? Yes_ lfso,who?______

Do you receive any di~ compensation or gain from the City of New Braunfels? Yes__ No£ If so, what type?______

Qo you receive any direct compensation or gain from any governmental body? Y,es/ No_ If so, what type? 12-E:~n (L£ M ~-.JL:

If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be. specific. This application will remain active for ninety (90) days, unless you are appointed to a board or commission. You must reapply, if you would like to be considered for another board or commission.

1. ·zt,rvl ,J;... Gc~QJL40 ·of Aa.ws 'JVvt k:T 2. e(l\NN 1 V~- C<;J/V1 /V\1 ~·~1 O.N 3. il.Jil.J00·'1~T CO!Yl IYl 1 &Sl Ot\J

DATE:_D__,_Cf_·, _L/f~·_· ·-_~O_C..;__

U:\Pianning\SSarske\My Documents\Board Application.doc 60

RICHARD D. LA ROCHELLE, SR. 2665 DOVE CROSSING DR. NEW BRAUNFELS, TEXAS, 78130

OBJECT: I am seeking the opportunity to serve within my community where my extensive experience, training, and skills would benefit any jurisdiction.

SUMMARY OF QUALIFICATIONS: I am a retired professional with exemplary qualifications, including approximately 29 years of municipal government experience in a variety of increasingly responsible positions. I retired as a Code Enforcement Supervisor form the City of Anaheim where I had demonstrated superb communications skills with the public, present and formulate responses to the City Council and elected officials, conduct educational seminars at the University level, address committees, civic organizations, business groups, as well as the general public, interface with all levels ofthe public and private sectors and coordinate and schedule multiple projects. Furthermore, I am assertive and creative in problems solving., and able to conceptualize, develop and implement programs or strategies to overcome and resolve individual, committee, groups and organizational objections to the satisfaction.

EXPERIENCE: I was a Code Enforcement Supervisor where I had the responsibility to supervise a staff of 11 full time, 8 part time employees, contract employees and 27 volunteers. Manage and participate in the preparation of the Code Enforcement Division budget. Administers a City Code Enforcement Program which had had the responsibility for a highly diverse scope of municipal, Federal and State codes and related areas including: land use, zoning, housing, public nusisance, building permits, hazardous waste I material removal and other related areas. I had successfully developed and implemented the innovative City sponsored, community volunteer programs, such as anti-graffiti, " MAKE YOUR MARK ON THE WORLD NOT ON THE WALL", "PAINT YOUR HEART OUT -ANAHEIM'', which assist low income elderly or disable homeowners, and "VOLUNTEERS IN PRIDE", which entails public participation in Code Enforcement.

EDUCATIONAL BACKGROUND: Fullerton College - Administration of Justice- AA Degree Multiple Courses: Land Use, Planning Procedures, Housing, Code Enforcement, and Entrepreneurial Government, Police Science and Administration.

GUST LECTURER: University of Wisconsin; Golden West College Topics: Code Enforcement, Land Use and Planning Procedures and Housing Procedures and Anti-Graffiti programs.

PAST PROFESSIONAL MEMBERSHIPS I AFFILIATONS: Past Vice - Chairman of the Orange County Transit Authority Taxi Program Safety Committee & Board member to the Steering Committee. Past President and board member Of Anaheim Beautiful- Grass Roots Civic Improvement Group Past President City Neighborhood Improvement Committees Current member of the New Braunfels Kiwanis Club and Lieutenant Governor Elect for 2007- 2008 61

RICHARD D. LA ROCHELLE, SR. PAGE2

Past member of the Kiwanis Club of Greater Anaheim, Santa Ana Elks Lodge # 794, Anaheim American Legion Post# 72, Anaheim Sister Cities Association Past Vice President, Board Member and Instructor of the Southern California Association of Code Enforcement Officials Past Chairman and committee member for the City of Santa Uniform Code of Appeals Board Past member of the Orange County Comprehensive Economic Development Strategy Committee Past member of the John Wayne Art Commission Past member of the International Association of Transportation Regulators Past part time Reserve Police officer for the City Of Placentia, 1976-1980 and the City ofBrea, 1980-1985

AccomeUshments: American Planning Association Awards: • Outstanding Planning Award- Orange County Chapter- 1991 • Advocacy Planning Award- Orange County Chapter - 1993 • Advocacy Planning Award - California Chapter -1993 • Advocacy Planning Award- National Chapter 1993 • Education Project Award - Orange County Chapter - 1994 • Planning Implementation Award- Orange County Chapter- 1998 • Planning Implementation Award- California Chapter- 1998

CERTIFICATES OF RECOGNITION: • California State Assembly -Neighborhood Improvement - 1996 • California State Senate- Neighborhood Improvement 1996 • United States Congress - Neighborhood Improvement- 1997 • United States Senate- Neighborhood Improvement- 1998

OTHER ACHIEVEMENTS: Development and maintenance of the following City of Anaheim programs: • "Wipe Out Graffiti" • " Volunteers in Pride" • Taxi Franchise Agreement

I am married to my wife Arlene for 39 years. We have two adult children married and we have 4 grand children.

U.S. Navv: Two tours of duty in Vietnam 1968 and 1969. Received an honorable discharge January 1970.

REFERENCESAVAITABLEUPONREQUEST 62

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name:

Street Address: ___-L--'2-""----""E~----./?.~~""--!.L.k~c~=,_,__L_a_.!..!~~c"-"'-"'e..o.______City, State & Zip: ----~~~L:~~~--~----~~~~~------Phone Number: f ~(}-~,2.~- 77ofJ Home

E-mail: _____ -:;:r_/i']_£_A_r_@Z&'L~lk_~_(#__~------ Employer: Armr J{Jdk()rb

Occupation:

Business Address:

I;ow long have you been a resident of New Braunfels? __7-+--r'---f-vL-....el!!l{'""r;;S~------

Are you a qualified voter of the City? ___~~,_S' ______

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary. r lA.~ ;;r~l/;~" # ...f2'r~N/ """ ?he Airpoff.. d/vtrory .

'ft~d Yt/ ,,IL V Ok ~ ~,, ..!,t(uc, -r:. ,/,~ /~lk ow- airpv± 63

SECOND PAGE

Do you currently serve on a City board or commission? Yes _____ No_.,.X? If yes, which board or commission?__ __,_/V/--t-~--"=------Howlon~------~~~14~------Do you have any relatives who work for the City of New Braunfels? Yes __ No,b Ifso,who?______~~~~------Do you receive any direct compensation or gain from the City of New Braunfels? Yes __ No~ If so, what type? ______:;V:....__..:...~_,4 ______Do you receive any direct compensation or gain from any governmental body? Yes-/!!- No__ '

If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This application will remain active for ninety (90) days, unless you are appointed to a board or commission. You must reapply, if you would like to be considered for another board or commission.

1. Al (' f?cs ,--../- 2. ______3. ______

SIGNATURE, ~DATE,--'t<=---.!-!'---'.7_-_().><__3'__ 64

D6-16-08A08:5G RCVG

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name: ~A~-~K=a~re~n~C=a~s~t~o ______

Street Address: ..:..1=0-=-14.:....:B=a.:..:rb=a:..:...;ro=s=a::..:R:...:.d=------:------

City, State & Zip: New Braunfels. TX 78130

I Phone Number: 830-626-7868 Home 210-771-7828 Business

E-mail: [email protected]

Employer: Self Employed

Occupation: Marketing/Events Planning

Business Address: 19834 FM 2252. Suite 100. Garden Ridge. TX 78266

How long have you been a resident of New Braunfels? =2-~.Y..:e:a~rs::.______

Are you a qualified voter of the City? '"'""Y=e..... s ------

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

I have a long history of community involvement. I am from Wichita. Kansas where I was congressional staff. I was appointed to the Wichita. Sedgwick County Board of Health and Environment and I worked with the mayor and other City Council members to pass needed ordinances. I currently am coordinating the Arts & Crafts for Wurstfest and I am finishing my Bachelor's Degree in Public Administration.

Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary.

I believe it is the responsibility of individuals in a community to be involved in their government. I believe that it is important for women to become more involved in areas that are non-traditional for females. I hope to find ways to increase the interest and broaden the participation of women in those roles. Also. I live near the New Braunfels airport and any changes in that part of the city effects my neighbors and me. As the airport grows and develops (and it should). there should be a voice that represents the part of the community that is impacted most. 65

SECOND PAGE

Do you currently serve on a City board or commission? Yes_ No X

If yes, which board or commission?------How long? ______

Do you have any relatives who work for the City of New Braunfels? Yes_ No X lfso,who? ______

Do you receive any direct compensation or gain from the City of New Braunfels?

Yes No X lfso,whattype? ______

Do you receive any direct compensation or gain from any governmental body?

Yes No X

If so, what type?______

1. Airport Advisory Board 2. ______3. ______

SIGNATURE: a ;L c~ 66

i:· .. ~ \' --.,

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name: ______R_u_~_e_ll __ S_._M_c_D_o_n_a_ld ______

Street Address: _____l_3_5_2 __ Po-'p-'-p-'-y--L a_n_e ______

City, State & Zip: ______N_e_w_B_r_a_u_nf_e_ls.....;..,_T_e_x_a_s __7_8_13_0 ______

Phone Number: Home: 830-629-2305 Business~l2-475-0388 Ceii:830-660-l922

E-mail: ______=..;ru=~=ell=·;..:.;m"-'c=d:..;;;o.;..;.n=al=d;..;::®::..:t;::..rc=c=·.::.;st=a:.;:.te=·:.;:.t:..;.;x.:..=u.=.s ______

Employer: ______T_ex_a_s __ R_em_._de_n_ti_· a_l_C_o_n_s_tr_u_c_ti_· o_n __ C_o _m_m_is_s_io_n______

Occupation: _____....::s=t=at=e'-1=-n=s=pe=c=t=o=-r ------

Business Address: 311 E. 14th, Austin, Texas 78711 ------~--~~------How long have you been a resident of New Braunfels?______l_9__.;_y_ea_rs ______

Are you a qualified voter of the City?____ ._Y_e_s ______

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

See attached Resume

Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary.

As a privileged current member, I would consider it an honor to continue

serving my community. 67

SECOND PAGE

Do you currently serve on a City board or commission? Yes X No_ If yes, which board or commission? Zoning Board of Adjustments How long? 1996-1998; 1998-2000; 2005-present

Do you have any relatives who work for the City of New Braunfels? Yes.2L_ No_ If so, who? Adriana McDonald

Do you receive any direct compensation or gain from the City of New Braunfels? Yes_ No_x_ If so, what type?______

Do you receive any direct compensation or gain from any governmental body?

Yes.L_ No_ If so, what type?~E...:..:.m;..~;p:.;;.lo;;;..y~e;_;;e_o~f;__;_T...:..:.R;...:;C...:..:.C~------

1 . Zoning Board of Adjust ments

2. Planning & Zoning Com mission 3. Construction Board of Appeals

SIGNATURE:

U:\Pianning\SSarske\My Documents\Board Application.doc 68

----- Original Message ---- Fror)): Russell To: Adriana Sent: Monday, April 28. 2008 11:11 PM Subject: ZBA

----Original Message---- From: Adriana Sent: Apr 28, 2008 6:54PM To: Russell Subject: ZBA

I read your emails but you didn't let me know if you want me to re-apply for ZBA. (Quick question, we got a notice of your term on the zoning board of adjustments expiring; do you want me to re-apply for you or no? Let me know if you do, we need to have this in by May 19th. ) 69 Russell s. McDonald

••• 1352 Poppy Lane New Braunfels, Texas 78130

Home Phone (830) 629-2305• Work Phone (512) 475-0388

+ PUSOIIAI. DATA Age -49 Health - Excellent Height- 5'10" Weight- 188# Born - 9/25/57 Married 26 years - 1 Child + WORKHISTORY Current Texas Residential Construction Commission (TRCC) 3/13/06-present State Investigator/Inspector. Provides a neutral, technical review of alleged post construction defects in accordance with the State adopted codes. Also provides information to educate homeowners and the residential construction industry. Perfoiills advanced investigative work. Work involves planning, organizing, and conducting investigations on complaints and administrative rules violations. Prepares reports on findings and recommendations. Works under general direction of the General Council, with extensive latitude for the use of initiative and independent judgment.

6years City of New Braunfels 2000-3110106 Chief Building Inspector. Reviews construction plans and issues Building Permits. Inspects all phases of construction-Commercial and Residential. Assists Building Official with various responsibilities- enforcing local and state codes; enforcing City adopted codes and ordinances.

July 2005-present United States Air Force Reserve 30Th (Red Horse) Construction Battalion. Currently supporting Enduring Freedom, Iraq Freedom. 307th changed to 556th in March.

6years United States Naval Reserve 1999-2005 Petty Officer in Naval Reserve. Recalled to active duty after 9/11. Served one year as military law enforcement officer for Corpus Christi Naval Air Station.

3 years Coma/ County Fair Association 1997-2000 Grounds Manager. Responsible for maintenance, remodeling and/or upgrade of the Fair Grounds and Buildings. Scope of duties includes property/inventory control, supervising persons assigned to the Community Service Restitution Program and Coma! County inmates assigned to working community service hours.

7 years McDonald's Electronic Repair 1990-1997 Self-employed. Owner/Operator, repairing Consumer Home Electronic Equipment. 1 year Repair of Residential Refrigeration; 2 years Major Appliances.

4years Highland Superstores 1986-1990 Senior Technician with this National Retail Appliance and Consumer Electronics Store.

1 year Texas Army National Guard 1988-1989 Communication Chief (31V) for 112th Tank Battalion 49th Armored Headquarters.

8112 years United States Navy 1978-1986 Progressed to the level of First Class Petty Officer. Duties included 7 years of troubleshooting, operation and repair of shipboard electrical/electronic equipment. Served on the 640 Class Fleet Ballistic Missile Submarine for 5 years. Served 3 years at Chase Naval Air Station qualifying as Sub-surface & Aviation Enlisted Warfare Specialist. 70 Russells. McDonald ••••••••

+ EDUCADOII MILITARY: Site II CCTV, Integrated Announcing Systems, 16mm Motion Picture Projector, Xerox 860 Word Processor, MK8 ModO Fresnel lens Optical Landing Systems, Type G Telephone, Test Equipment, Video Game Repair, Quality Assurance, hiterior Communications Electrician, Career Counselor, and TA Tow Tractor, GTC-85, NC-8A, ASP Tactical Baton, oc pepper foam, Weapons of Mass Destruction Awareness, EVOC, Structural Specialist Training

CIVILIAN: Business Algebra (Florida State) Electronics 101 & 102 (Chicago City College) Real Estate tor Sales License (Bee County College) Refrigeration (Texas A & M) Factory Schools for the repair of the following: RCA, GE, Sharp, Hitachi, Magnavox, Sony, JVC, Whirlpool, Hotpoint, Maytag. Open Water Certified Scuba Diver Open Meetings Act

SBCCI Certified Mechanical Inspector lie # 2325 ICC Certified Mechanical Inspector lie# 5168413-MS SBCCI Certified Plumbing Inspector Lie # 3322 ICC Certified Plumbing Inspector Lic#5168413-P5 ICC Certified Residential Building Inspector Lie # 255§ ICC Certified Residential Building Inspector lie # 5168413-B 1 ICC Certified Residential Electrical Inspector lie# 5168413-E1 ICC Certified Residential Plumbing Inspector lie# 5168413-PS ICC Certified Residential Mechanical Inspector lie# 5168413-M5 ICC Certified Residential Combination Inspector lie# 5168413-R5 Texas State Certified Plumbing Inspector Lie# 1-2406 Texas State Certified Refrigeration Technician lie# ACREGS0265

+ IIITEREm &ACTM11ES • Active - City of New Braunfels Zoning Board of Adjustments (Alternate Member) • Active - Scuba Diving • Active- Comal County Fair Association Director " Active - American Legion • 4 years - City of New Braunfels Zoning Board of Adjustments (Regular Member) • 2 years - City of New Braunfels Planning Commission (Regular Member) • 10 years- New Braunfels Safe City Commission (Chairman 1996-1997) • 4 years - Junior Chamber of Commerce • 6 years - Gruene Music Fest • 3 years - New Braunfels Optimist • 2 years - American Quarter Horse Association + REFERENCES Furnished Upon Request 71

COUNCIL AGENDA ITEM

SUBJECT EXECUTIVE SESSION - Economic Development MATTER/PROJECT: ORIGINATING DEPARTMENT: City Council PRESENTER: A. Wayland

COUNCIL DATE: June 23,2008 AGENDA#: 6(A)

AGENDA CAPTION:

DISCUSSIONS OR DELIBERATIONS REGARDING COMMERCIAL OR FINANCIAL INFORMATION THAT THE CITY HAS RECEIVED FROM A BUSINESS PROSPECT THAT THE CITY SEEKS TO HAVE LOCATE, STAY, OR EXPAND IN OR NEAR THE TERRITORY OF THE CITY AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS; OR TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT OF THE SORT DESCRIBED IN THIS PROVISION, IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE.

In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session. After the Executive Session discussion on the above noted item, any final action or vote taken will be in public.

RATIONALE:

FISCAL IMPACT:

BOARD RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

N/A

Finance: ----=---- Agenda Item#: --:--....:::l.o'-----'A'--~ Attachments: 0 Council Date: ~ ~ d. 3 - J..() 0 ~ 72

COUNCIL AGENDA ITEM

SUBJECT REPORTS MATTER/PROJECT: ORIGINATING DEPARTMENT: Mayor PRESENTER: Mayor Boyer

COUNCIL DATE: June 23,2008 AGENDA#: 7

AGENDA CAPTION: a) City Council's Report b) Staff Reports

RATIONALE:

FISCAL IMPACT:

BOARD RECOMMENDATION:

STAFF RECOMMENDATION:

Finance:-----:---- Agenda Item#: --,---7--=----.~...-----=- Attachments: Q Council Date: /p- J:3- ;;J._00 r