REGULAR CITY COUNCIL MEETING NEW BRAUNFELS MUNICIPAL BUILDING- CITY COUNCIL CHAMBERS 424 S. CASTELL AVENUE JANUARY 12,2009-6:00 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: JANUARY 12, 2009@ 6:00P.M.
CALL OF ROLL: CITY SECRETARY
PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG
INVOCATION: COUNCILMEMBER PAT WIGGINS
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 DECEMBER 1, 2008, AND (B) THE REGULAR MEETING OF DECEMBER 8, 2008. Pages 1-12 M. Resendez, City Secretary
2. 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 13 Mayor Bruce Boyer
3. CONSENT AGENDA Pages 15-16 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 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 SECOND AND FINAL READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF THE TRAFFIC CONTROL DEVICES ON RUSK AVENUE, ROSEMARY DRIVE AND WITHIN MOCKINGBIRD HEIGHTS SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS. Pages 17-19 S. Ramsey, Public Works Director
(B) APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING AN ENGAGEMENT LETTER WITH MICHAEL B. SMITHERS FOR LEGAL SERVICES TO THE CITY; AND DECLARING AN EFFECTIVE DATE. Pages 21-25 A. Wayland, City Attorney (C) APPROVAL OF A RESOLUTION APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS NOT TO EXCEED $2,500 FOR ATTENDANCE OF AIRPORT REPRESENTATIVES AT A CHARTER AND TOUR SCHEDULERS SHOW. Pages 27-29 A. Wayland, City Attorney
(D) APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A FEMA PRE-DISASTER MITIGATION GRANT IN THE AMOUNT OF $360,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. Pages 31-33 V. Brown, Intergovernmental Services Manager
(E) APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF SIDEWALKS, CROSSWALKS, AND PAVEMENT MARKINGS PROJECT FOR FRAZIER ELEMENTARY SCHOOL IN ACCORDANCE WITH THE SAFE ROUTES TO SCHOOL PROGRAM. Pages 35-50 S. Ramsey, Public Works Director
(F) APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF THE ARTS AND CRAFTS BUILDING AT THE COMAL COUNTY FAIRGROUNDS. Pages 51-59 A. Wayland, City Attorney
(G) APPROVAL OF A CONTRACT WITH DU-MOR ENTERPRISES, INC. FOR CONSTRUCTION SERVICES ON THE FOREST DRIVE DRAINAGE, STREET AND WATER PROJECT, AND AUTHORIZATION FOR CITY MANAGER TO EXECUTE CHANGE ORDERS AND APPROVAL OF THE APPROPRIATE BUDGETARY TRANSFER. Pages 61-62 S. Ramsey, Public Works Director!M. Quinones, Purchasing Manager
(H) APPROVAL OF THE APPOINTMENT OF MICHAEL LEE TO THE CONSTRUCTION BOARD OF APPEALS FOR A TERM ENDING FEBRUARY 24, 2013 AND THE APPOINTMENT OF JACKIE SCOTT (REPRESENTING THE LANDA LADIES GOLF ASSOCIATION) TO THE LANDA PARK MUNICIPAL GOLF COURSE ADVISORY BOARD FOR A TERM ENDING DECEMBER 31, 2011. Pages 63-69 M. Resendez, City Secretary
(I) APPROVAL OF A FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, CHANGING THE NAME OF FM 306 TO CREEKSIDE CROSSING COMMENCING EAST FROM THE CURRENT INTERSECTION WITH IH 35 EFFECTIVE UPON PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING A REPEALER CLAUSE AND PROVIDING A SEVERABILITY CLAUSE. Pages 71-73 S. Mattingly, Planning and Community Development Director
4. INDIVIDUAL ITEMS FOR CONSIDERATION
(A) DISCUSS AND CONSIDER THE APPROVAL OF THE UTILIZATION OF HOTEL/MOTEL TAX REVENUE FROM THE GREATER NEW BRAUNFELS CHAMBER OF COMMERCE FOR THE PURCHASE OF BUILDING IMPROVEMENTS AND EQUIPMENT ADDITIONS TO THE CIVIC/CONVENTION CENTER. Pages 75-76 R. Camareno, Assistant City Manager
2 (B) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOT 1B, CONRADS ROAD SUBDIVISION, UNIT 1, LOCATED AT 135 CONRADS ROAD, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT", WITH A CONCURRENT LAND USE PLAN AMENDMENT. S. Mattingly, Planning and Community Development Director Pages 77-94
(C) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT ON LOT 15, CITY BLOCK 3024, TO ALLOW A SINGLE-FAMILY RESIDENCE IN AN "R-2 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT" TO BE USED FOR SHORT TERM RENTALS AT 4 HERRY COURT. Pages 95-106 S. Mattingly, Planning and Community Development Director
(D) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A CHILD DAY CARE I NURSERY I DAY CAMP IN AN "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT", LOCATED AT THE NORTHEAST CORNER OF S. WALNUT AVENUE AND FRANCES STREET. Pages 107-127 S. Mattingly, Planning and Community Development Director
5. EXECUTIVE SESSIONS Page 129
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) 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.
• New Braunfels IH-35 Retail Associates, L.P. v. City of New Braunfels, Texas and A-L Creekside Town Center, L.P. A. Wayland, City Attorney
(B) EXECUTIVE SESSION TO DELIBERATE ISSUES REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE. A. Wayland, City Attorney
(C) 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. A. Wayland, City Attorney
(D) DISCUSS AND DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE IN ACCORDANCE WITH SECTION 551.074, OF THE TEXAS GOVERNMENT CODE. A. Wayland, City Attorney
3 6. REPORTS Page 131
a) CITY COUNCIL'S REPORT • Mayor Pro-tem Gale Pospisil - Announcement regarding Citizens Forum for District 3
City Council 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
I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Braunfels Municipal January 8, 2009 at 4:00 p.m.
Mic
plan to .attend this meeting and who may need auxiliary aids or services such as r 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.
4 1
MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 1, 2008
The City Council of the City of New Braunfels, Texas, met in Special Session on December 1, 2008.
City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, Kathleen Krueger, and Steven Digges.
City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camareno, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Planning and Community Development Director Shannon Mattingly and City Planner Matt Greene.
Also present were: Peter Olsen, Kookie Barboza, Darrell Sollberger, Michael Scudder, J. Michael Voulgaris, Mark Hampton, Nick Harris, D. Lee Edwards, Bill Wetz, Martin Levett, Sharon Levett, and news reporters Chris Cobb and Brandon Morrell.
The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 4:35 p.m. All Councilmetnbers were present.
PRESENTATION AND DISCUSSION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, ADOPTING A NEW CHAPTER 106, SIGNS: Mayor Boyer read the above and foregoing caption.
This item commenced with Planning and Community Development Director Mattingly presenting a PowerPoint presentation that outlined the history of the sign ordinance which dated back to February 2006. Her presentation then covered the Sign Ordinance Committee's recommendations related to height and square footage requirements for pylon and monument signs on IH35 as well as arterial roads as identified on the City's Comprehensive Thoroughfare Master Plan. Planning and Community Development Director Mattingly continued by mentioning the Committee's recommendations for monument signs located elsewhere and electronic video display signs.
The next part of Ms. Mattingly's presentation pertained to recommendations from the sign industry with regards to the height of signs on IH 35 frontage, Arterial A and B roadways and Commercial Collector Roadways. Ms. Mattingly also covered the sign industry's recommendations for electronic message signs.
Next, Planning and Community Development Director Mattingly navigated through the revised draft of the sign ordinance that had been distributed to City Council immediately prior to the meeting and pointed out areas of significance. She continued her presentation by referring to the portion of her PowerPoint presentation that
December 1, 2008 New Braunfels Special City Council Meeting .-, t...
highlighted examples of photos of monument, pole or pylon, and electronic message signs as proposed by staff.
Councilmembers then took the opportunity to engage in a discussion with staff with regards to various sections of the ordinance and requirements and regulations related to monument signs, pole or pylon signs, and electronic message signs. In the discussion, Councilmembers took into consideration the potential locations of these signs, such as on Loop 337, SH 46, FM 306, FM 725, Business 35 frontage, and the downtown area.
Final comments were made by Councilmembers with regards to what areas of the ordinance staff should focus on for presentation of the first reading of the ordinance.
No formal action was taken by City Council on this item.
CONSIDER A RESOLUTION APPROVING AN OFFER OF $155,768 TO THE CHURCH OF CHRIST OF NEW BRAUNFELS FOR THE ACQUISITION OF RIGHT OF-WAY FOR ALYSSA WAY: Mayor Boyer read the above and foregoing caption.
Mayor Pro-tem Pospisil moved to approve the offer of $155,768 to the Church of Christ of New Braunfels for the acquisition of right-of-way for Alyssa Way. Councilmember Zapata seconded the motion.
Mayor Boyer then opened the floor to public input.
Following no input from the audience, City Council unanimously approved the motion proposed by Mayor Pro-tem Pospisil.
ADJOURNMENT: This Special meeting adjourned at 5:46p.m.
Date Approved: January 12, 2009
By: R. BRUCE BOYER, MAYOR
Attest:
MICHAEL A. RESENDEZ, CITY SECRETARY
December 1, 2008 New Braunfels Special City Council Meeting 2 3
MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 8, 2008
The City Council of the City of New Braunfels, Texas, met in Regular Session on December 8, 2008.
City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, Kathleen Krueger, and Steven Digges.
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, Director of Planning and Community Development Shannon Mattingly, Library Director Gretchen Pruett, Police Chief Ron Everett, Fire Chief John Robinson, Historic Preservation Officer Cherise Bell, and Information and Technology Manager Kern Tilley.
Also present were: Gerald Schoelzel, Robert Tomlinson, Barbara Tomlinson, Harry Rauch, William H. Borchers, Dolores Schumann, Marcia McGlothlin, Bryan Word, Emily Payne, Laurie Gotcher, Elizabeth Bowerman, Jim Pope, Vladimir A. Pospisil, Spzanne Herbelin, Jeffrey Jewell, Theresa Frasch, Sue Cummings, Trey Jacobson, Steve Drenner, Michele Haussmann, Jay Patrick, Michael Scudder, Gwen Karraker, Dorothy Creswell, John Creswell, Jack Scanio, Joanne Downing, Francis E. Parks, Darrell Sollberger, Graham Ketchum, Michael Meek, Jay Brewer, and News Reporters Chris Cobb and Brandon Morrell.
The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:00 p.m. All Councilmembers were present. Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag and Mayor Pro-tem Pospisil gave the invocation.
RECOGNITIONS: Mayor Boyer presented an award to RavenStar and congratulated the organization as the 2008 recipient for the Region 5 & 7 Conservation Award from the Texas Recreation and Parks Society for providing outdoor education programs to the community in partnership with the City of New Braunfels. A second award was also presented to the Wusrtfest Association as the 2008 Region 5 & 7 Lone Star Programming Award winner from the Texas Recreation and Parks Society for its initiation of Kinderhalle in 2007. Mayor Boyer added that Kinderhalle allowed for children of all ages to enjoy supervised arts and craft activities, games, and a movie on the Wurstfest grounds, while their parents enjoyed Wurstfest activities on specific nights during the ten-day run.
MINUTES: Councilmembers considered approval of the minutes of the Regular Meeting of November 24, 2008.
December 8, 2008 New Braunfels Regular City Council Meeting 1 4
Councilmember Digges moved to approve the minutes as presented. Councilmember Zapata seconded the motion which was unanimously approved by City Council.
CITIZENS' COMMUNICATIONS:
No input was received from the audience under this caption.
CONSENT AGENDA:
Mayor Boyer read the Consent Agenda as listed below. Mayor Pro-tem Pospisil moved to approve the Consent Agenda as listed below. Councilmember Digges seconded the motion which was approved unanimously by City Council.
(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY ADDING SECTION 126-346 (F) (80) TO DESIGNATE A SPECIFIC NO PARKING ZONE ALONG BOTH SIDES OF LANDA STREET BETWEEN N. WALNUT AVENUE AND LIVE OAK AVENUE; REPEALING ALL ORDINANCES IN CONFLICT; ADDING A SAVINGS CLAUSE; AND GIVING AN EFFECTIVE DATE.
Ordinance No. 2008-75
(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING CHAPTER 100, ARTICLE 1, SECTION 100.04, "DEFINITIONS", CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS; RELATING TO ROADWAY IMPACT FEES; REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND CONTAINING A SAVINGS CLAUSE.
Ordinance No. 2008-76
(C) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING AND REPLACING CHAPTER 78, ARTICLE Ill, SECTIONS 78-32 THROUGH 78-38, CODE OF ORDINANCES, CITY OF NEW BRAUNFELS, TEXAS; RELATING TO RATES FOR THE NEW BRAUNFELS PUBLIC LIBRARY OVERDUE MATERIALS; REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH.
Ordinance No. 2008-77
December 8, 2008 New Braunfels Regular City Council Meeting 2 5
(D) APPROVAL OF A CONTRACT WITH R. L. JONES L.P. FOR CONSTRUCTION SERVICES ON THE PHASE 3-05 STREET MAINTENANCE PROJECT, AUTHORIZATION FOR CITY MANAGER TO EXECUTE CHANGE ORDERS, AND AUTHORIZATION OF ADDITIONAL FUNDING TO THE JACOBS CARTER BURGESS CONTRACT. As noted in the agenda packet, the bid pricing was $560,374 for street improvements; $150,944 for water improvements and $196,409 for sanitary sewer improvements to be paid by New Braunfels Utilities. Also noted in the agenda packet, staff recommended that a 10 percent contingency ($56,037) for the street improvements be included to facilitate any construction modifications that may be required during performance of the contract and that $15,000 be allocated for a material testing consultant and $40,000 be allocated for additional design engineering and construction inspection support from Jacobs Carter Burgess.
(E) APPROVAL OF THE POSTAGE METER RENTAL, MAINTENANCE AGREEMENT AND POSTAGE FOR THE NEOPOST POSTAGE MACHINE. As noted in the agenda packet, the annual rental fee for the postage meter was $1,655.50 annually with supplies costing approximately $600 and the City's estimated total postage being at about $23,000 per year.
(F) APPROVAL OF THE PURCHASE FROM LCRA OF MAINTENANCE AND OTHER RELATED SERVICES FOR THE RADIOS AT THE POLICE AND FIRE DEPARTMENTS. As noted in the agenda packet, this item would approve $29,442 for the annual billing for the basic service maintenance agreement renewed on an annual basis.
(G) APPROVAL OF THE PURCHASE OF A RECORDER FROM COMMERCIAL ELECTRONIC CORPORATION THROUGH THE HOUSTON GALVESTON AREA COOPERATIVE. As noted in the agenda packet, the cost for this system to benefit the Police Department's phone system, was noted as $33,920.17 which included the recorder, licensing, installation and training for the equipment.
(H) APPROVAL OF THE PURCHASE OF JANITORIAL SUPPLIES FROM GULF COAST PAPER. As noted in the agenda packet, 18 bids were received from a total of 94 vendors that received a request to bid on the top 20 janitorial supply items most purchased by City staff. Following an evaluation process, Gulf Coast Paper, based in San Antonio, Texas, was the overall low bidder.
December 8, 2008 New Braunfels Regular City Council Meeting 3 (I) APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. As noted in the agenda packet, this resolution allowed for the City to pay for costs associated with approved capital equipment purchases in the amount of $2,171,850 through tax notes.
Resolution No. 2008-R53
(J) AUTHORIZATION FOR CITY MANAGER TO APPROVE CONTRACT MODIFICATION #1 TO THE CONTRACT WITH THE SCHULTZ GROUP, INC. FOR 2006 STREET MAINTENANCE PROJECT PHASE 1-06. As noted in the agenda packet, this contract modification would authorize the design of street improvements in the amount of $33,722 to Allen Avenue from W. Dallas Street toW. Edgewater Terrace and Chicago Avenue from W. Dallas Street toW. Edgewater Terrace.
(K) CONSIDER APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND PAUL C. ISHAM. As noted in the agenda packet, this first amendment would allow for Mr. Isham's fixed fee to increase from $75.00 per hour to $80.00 per hour effective January 1' 2009.
(L) APPROVAL OF THE APPOINTMENTS OF COURTNEY LYONS GARCIA, HARRY BOWERS AND JEFFREY M. JEWELL TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FOR THREE YEAR TERMS ENDING DECEMBER 13, 2011 AND THE APPOINTMENT OF JEFFREY M. JEWELL TO THE CENTRAL TEXAS TECHNOLOGY CENTER ADVISORY BOARD FOR A TERM ENDING APRIL 26, 2011. These appointments were approved as listed hereinabove.
(M) APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF THE TRAFFIC CONTROL DEVICES ON RUSK AVENUE, ROSEMARY DRIVE AND WITHIN MOCKINGBIRD HEIGHTS SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.
PRESENTATION OF DOWNTOWN HISTORIC STRUCTURES SURVEY RESULTS: Mayor Boyer read the above and foregoing caption and noted that this item had been moved up on the agenda for discussion and action.
December 8, 2008 New Braunfels Regular City Council Meeting 4 7
Laurie Gotcher, a member of Hardy, Heck & Moore, serving as manager on the project, gave a presentation related to this item. Ms. Gotcher commenced with details regarding the background and credentials of her firm. Next, Ms. Gotcher gave an introduction on the Historic Resources Survey conducted on the downtown area of all pre-1960 historic resources and/or lots fronting Seguin Avenue from Nacogdoches Street to Landa Park and along San Antonio Street from Walnut Avenue to Union Avenue as pre-defined by the City. She noted that the survey was in compliance with the Texas Historic Commission requirements for Certified Local Governments and the survey methods were recognized by the National Register of Historic Places Criteria for Evaluation.
Following a description of the survey area and the methods used to conduct it, Ms. Gotcher spoke of the historic and architectural themes evident in the structures along with an estimated timeline. She noted that the survey commenced in November of 2007 and that a total of 329 resources were surveyed. She further noted that of the 329 resources surveyed, 140 were eligible for a National Register of Historic Places designation, while 111 resources were recommended as not eligible or non-contributing to a National Register of Historic Places District. Finally, Ms. Gotcher noted that 78 resources were not of historic age.
Councilmembers then took the opportunity to comment on the information presented and requested further information from Ms. Gotcher. In her final comments, Ms. Gotcher used Henne Hardware as an example of how special some of the resources surveyed in New Braunfels were and how the survey could be used as a planning tool for the City's preservation officer since a database for the properties had been created that could be updated as needed in the future.
No definite action was taken by City Council with regards to this item.
DISCUSS AND CONSIDER APPOINTING THREE MEMBERS TO THE MAIN STREET ADVISORY BOARD FOR THREE YEAR TERMS ENDING DECEMBER 31, 2011: Mayor Boyer read the above and foregoing caption.
Mayor Boyer noted that four applications had been received for three positions on the Main Steet Advisory Board from Judith Ma·ersch, Michael Lee, Craig Massouh, and Jeffrey Jewell. Mayor Boyer then requested that each Councilmember choose three applicants upon being called on and that the three applicants receiving the most votes over four would be appointed to the Main Street Advisory Board.
The following table depicts the votes cast by Councilmembers:
December 8, 2008 New Braunfels Regular City Council Meeting 5 8
Judith Michael Craig Jeffrey Maersch Lee Massouh Jewell
Councilmember Zapata X X X
Councilmember Goodner X X X
Mayor Pro-tem Pospisil X X X
Councilmember Wiggins X X X
Councilmember Krueger X X X
Councilmember Digges X X X
Mayor Boyer X X X TOTALS 6 7 7 1
Based on the votes cast, Judith Maersch, Michael Lee and Craig Massouh were appointed to the Main Street Advisory Board for three year terms ending December 31, 2011.
DISCUSS AND CONSIDER APPOINTING ONE AT -LARGE MEMBER TO THE LANDA PARK MUNICIPAL GOLF COURSE ADVISORY BOARD FOR A TERM ENDING DECEMBER 31, 2011: Mayor Boyer read the above and foregoing caption.
Mayor Boyer noted that two applications had been received for one position on the Landa Park Municipal Golf Course Advisory Board from Brit King and Robert Warnecke. Mayor Boyer then requested that each Councilmember choose one applicant upon being called on and that the applicant receiving four votes would be appointed to the Landa Park Municipal Golf Course Advisory Board.
The following table depicts the votes cast by Councilmembers:
Brit King Robert Warnecke
Councilmember Zapata X
Councilmember Goodner X
Mayor Pro-tem Pospisil X
Councilmember Wiggins X
Councilmember Krueger X
Councilmember Digges X
Mayor Boyer X TOTALS 4 3
December 8, 2008 New Braunfels Regular City Council Meeting 6 9
Based on the votes cast, Brit King was appointed to the Landa Park Municipal Golf Course Advisory Board for a three year term ending December 31, 2011.
DISCUSS AND CONSIDER APPOINTING ONE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR AN UNEXPIRED TERM ENDING MAY 31, 2011: Mayor Boyer read the above and foregoing caption.
Mayor Boyer noted that only one application was received for membership on the Planning and Zoning Commission. Mayor Pro-tem Pospisil moved to appoint Richard Myrick to the Planning and Zoning Commission for an unexpired term ending May 31, 2011 by acclamation. Councilmember Krueger seconded the motion which was unanimously approved by City Council.
DISCUSS AND CONSIDER APPROVAL OF A CONTRACT WITH TEXAS FLEET FUELS TO PROVIDE FUEL SERVICES FOR THE VEHICLE FLEET: Mayor Boyer read the above and foregoing caption.
Purchasing Manager Quinones presented this item to City Council noting that in March 2008, the City had joined a partnership committee comprised of purchasing managers from the New Braunfels Independent School District, New Braunfels Utilities, Carnal County, and the Comal Independent School District to discuss ways for the entities to combine similar purchasing requests for volume purchasing. She noted this led to a proposal that was sent to thirteen possible sources for the purchase of gasoline and diesel fuel at retail outlets.
Purchasing Manager Quinones stated that following a committee evaluation on the proposals received that Texas Fleet Fuels was selected as the best option with 21 sites located in New Braunfels. She added that the City used approximately 121,280 gallons of gasoline and 149,800 gallons of diesel per year and that the savings would be considerable based on the discounted pricing due to bulk purchasing.
Purchasing Manager Quinones noted that the other entities had already contracted with Texas Fleet Fuels and requested that City Council approve a contract with same for the City.
Following comments from Councilmembers and no public input, Councilmember Digges moved to approve a contract with Texas Fleet Fuels to provide fuel services for the City's vehicle fleet. Councilmember Zapata seconded the motion which was unanimously approved by City Council.
FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, ADOPTING A NEW CHAPTER 106, SIGNS; REPEALING All ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption. ·
December 8, 2008 New Braunfels Regular City Council Meeting 7 10
This item commenced with Planning and Community Development Director Mattingly making reference to a revised version of the ordinance that had been disseminated to City Council immediately prior to the start of the meeting. Planning and Community Development Director Mattingly covered the changes in the ordinance which related to clarifying definitions in the front portion of the ordinance as well as minor changes to the table listing permanent on-premise sign regulations. Several suggestions from Councilmembers were taken into consideration.
Next, Planning and Community Development Director Mattingly addressed issues related to the transition timing of screen changes for electronic message signs and showed examples of different interval screen changes on several electronic signs throughout the City. Councilmembers offered input with regards to the transition timing of screen changes, the limit of colors on electronic message signs and briefly touched on the section related to flags.
Mayor Boyer then opened the floor to public input.
Input on the ordinance was received from Michael Scudder of 1235 Terrace Court, New Braunfels, Texas, and from Gwen Karraker of 1249 Oleander, New Braunfels, Texas, with regards to the number of colors on an electronic message sign, the size of electronic message signs and the transition timing of screen changes for electronic message signs.
Following public input, Councilmember Wiggins moved to approve the first reading of the ordinance subject to the additional changes as listed: 1) strike the limitation of colors; 2) that the base of monument signs not be calculated as part of the sign area; 3) that electronic signs remain static for a minimum of 10 seconds; and, 4) that a change in footage be considered of 100 feet vs. 50 feet for signs downtown. Councilmember Digges seconded the motion which was approved by City Council by a 6/1/0 vote with Councilmember Zapata casting the only dissenting vote.
EXECUTIVE SESSION TO DELIBERATE ISSUES REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE: At 7:45 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned item.
City Council returned into public session at 8:02p.m., with no action being taken by City Council during the closed session. City staff present during the executive session were Assistant City Manager Camarena, City Attorney Wayland, and City Secretary Resendez.
December 8, 2008 New Braunfels Regular City Council Meeting 8 11
DISCUSS AND CONSIDER A RESOLUTION APPROVING A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH INVESTOR GROSENBACHER PARTNERSHIP AND NB RETAIL LTD. TO PROVIDE REIMBURSEMENT FOR PUBLIC IMPROVEMENTS ASSOCIATED WITH THE WESTPOINTE VILLAGE PROJECT AND AUTHORIZING THE ASSISTANT CITY MANAGER TO EXECUTE AGREEMENT: Mayor Boyer read the above and foregoing caption.
Mayor Pro-tem Pospisil moved to approve the resolution as discussed in executive session. Councilmember Digges seconded the motion. Mayor Boyer then opened the floor to public input. Francis E. Parks of 2765 Morning Moon, New Braunfels, Texas, John Creswell of 1771 Oakmont Circle, New Braunfels, Texas, and Jack Scanio of 1140 W. Coli, New Braunfels, Texas, all spoke in favor of the proposed Chapter 380 Economic Development Agreement. Jay Patrick of 1225 Pelican Place, New Braunfels, Texas made comments opposing the proposed agreement. Next, Steve Drenner of Drenner & Golden Stuart Wolff, L.L.P. assisted Mayor Boyer with information related to the proposed development. Following a comment from Mayor Pro-tem Pospisil, City Council unanimously approved the motion proposed by her. Resolution No. 2008-R54
EXECUTIVE SESSION TO DELIBERATE ISSUES REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE:
EXECUTIVE SESSION TO 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:
EXECUTIVE SESSION TO 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 TEXAS GOVERNMENT REGARDING VALEMAS. INC. VS. CITY OF NEW BRAUNFELS, TEXAS; NEW BRAUNFELS FIRE FIGHTERS ASSOCIATION; AND, M. J. BOYLE GENERAL CONTRACTOR, INC.:
At 8:15 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned items.
December 8, 2008 New Braunfels Regular City Council Meeting 9 12
City Council returned into public session at 9:10 p.m., with no action being taken by City Council during the closed session. City staff present during the executive sessions were City Manager Morrison, Assistant City Manager Camarena, City Attorney Wayland, City Secretary Resendez, Fire Chief Robinson, and Human Resources Director O'Connell.
DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO APPROVE CHANGE ORDERS TO THE CONTRACT WITH M. J. BOYLE. GENERAL CONTRACTOR, INC. FOR CONSTRUCTION SERVICES ON THE CIVIC ·AND CONVENTION CENTER PROJECT AND APPROPRIATE BUDGET ADJUSTMENT: Mayor Boyer read the above and foregoing caption.
Councilmember Krueger moved to authorize the City Manager to approve change orders to the contract with M. J. Boyle, General Contractor, Inc. for construction services on the Civic and Convention Center Project and an appropriate budget adjustment. Mayor Pro-tem Pospisil seconded the motion which was unanimously approved by City Council.
ACTION REGARDING EXECUTIVE SESSIONS: After returning to the public session from executive session, Councilmember Digges moved to approve the purchase of Parcel No. 5 of the South Tributary Project for $1,500,000.00 and authorize the City .Manager to execute all necessary documents. Mayor Pro-tem Pospisil seconded the motion which was unanimously approved by City Council.
Councilmember Digges also moved to approve the purchase of Parcel No. 6 of the South Tributary Project for $37,890.00 and authorize the City Manager to execute all necessary documents. Mayor Pro-tem Pospisil seconded the motion which was unanimously approved by City Council.
ADJOURNMENT: This Regular meeting adjourned at 9:12p.m.
Date Approved: January 12, 2009
By: R.BRUCEBOYER,MAYOR
Attest:
MICHAEL A. RESENDEZ, CITY SECRETARY
December 8, 2008 New Braunfels Regular City Council Meeting 10 (J N~~ Braunfels City Council Agenda Item Report """'~ January 12, 2009 Agenda Item No. 2 Presenter/Contact - Mayor Bruce Boyer
SuBJEcT: CITIZENS' COMMUNICATIONS
BACKGROUND/RATIONALE:
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.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
v N/A
FISCAL IMPACT: N/A
BOARD/COMMISSION RECOMMENDATION: N/A
STAFF RECOMMENDATION: N/A 14 15 r,Cityof %,j;~ New Braunfels City Council Agenda Item Report ...,~ January 12, 2009 Agenda Item No. 3(A-I) Presenter/Contact- Various
SUBJECT: CONSENT AGENDA
Item Description Source Status A APPROVAL OF THE SECOND AND FINAL READING OF AN S. Ramsey Approved ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED unanimously at the APRIL 28, 1975 TO APPROVE INSTALLATION OF THE TRAFFIC 12/08/08 meeting. CONTROL DEVICES ON RUSK AVENUE, ROSEMARY DRIVE AND WITHIN MOCKINGBIRD HEIGHTS SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.
B APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE A Wayland See briefing sheet. CITY OF NEW BRAUNFELS, TEXAS, APPROVING AN ENGAGEMENT LETTER WITH MICHAEL B. SMITHERS FOR LEGAL SERVICES TO THE CITY; AND DECLARING AN EFFECTIVE DATE.
C APPROVAL OF A RESOLUTION APPROVING A A Wayland See briefing sheet. RECOMMENDATION FROM THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR ATTENDANCE OF AIRPORT REPRESENTATIVES AT A CHARTER AND TOUR TRAFFIC SCHEDULERS AND DISPATCHERS SHOW IN LONG BEACH, CALIFORNIA
D APPROVAL OF A RESOLUTION AUTHORIZING THE CITY V. Brown See briefing sheet. MANAGER TO ACCEPT A FEMA PRE-DISASTER MITIGATION GRANT IN THE AMOUNT OF $360,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD.
E APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE S. Ramsey See briefing sheet. CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF SIDEWALKS, CROSSWALKS, AND PAVEMENT MARKINGS PROJECT FOR FRAZIER ELEMENTARY SCHOOL IN ACCORDANCE WITH THE SAFE ROUTES TO SCHOOL PROGRAM.
F APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF A Wayland See briefing sheet. THE ARTS AND CRAFTS BUILDING AT THE COMAL COUNTY FAIRGROUNDS. 16
iG APPROVAL OF A CONTRACT WITH DU-MOR ENTERPRISES, S. Ramsey/M. I See briefing sheet. i INC. FOR CONSTRUCTION SERVICES ON THE FOREST DRIVE Quinones DRAINAGE, STREET AND WATER PROJECT, AND I AUTHORIZATION FOR CITY MANAGER TO EXECUTE CHANGE ORDERS AND APPROVAL OF THE APPROPRIATE BUDGETARY TRANSFER. H APPROVAL OF THE APPOINTMENT OF MICHAEL LEE TO THE M. Resendez See briefing sheet. CONSTRUCTION BOARD OF APPEALS FOR A TERM ENDING FEBRUARY 24, 2013 AND THE APPOINTMENT OF JACKIE SCOTT (REPRESENTING THE LANDA LADIES GOLF ASSOCIATION) TO THE LANDA PARK MUNICIPAL GOLF COURSE ADVISORY BOARD FOR A TERM ENDING DECEMBER 31,2011. APPROVAL OF A FIRST READING OF AN ORDINANCE OF THE S. Mattingly Non-controversial. CITY OF NEW BRAUNFELS, TEXAS, CHANGING THE NAME OF FM 306 TO CREEKSIDE CROSSING COMMENCING EAST FROM THE CURRENT INTERSECTION WITH IH 35 EFFECTIVE UPON PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING A REPEALER CLAUSE AND PROVIDING A SEVERABILITY CLAUSE.
BACKGROUND/RATIONALE: N/A
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
FISCAL IMPACT: N/A
BOARD/COMMISSION RECOMMENDATION: N/A
STAFF RECOMMENDATION: N/A
_j 17
ORDINANCE NO. 2009-__
AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF THE TRAFFIC CONTROL DEVICES ON RUSK AVENUE, ROSEMARY DRIVE AND WITHIN MOCKINGBIRD HEIGHTS SUBDIVISION WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS
WHEREAS, after engineering and field investigation, the Public Works Department has recommended that traffic control signs be installed on certain streets, avenues, thoroughfares and boulevards within the corporate limits of the City of New Braunfels in order to protect the health, safety and welfare of the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
I. THAT Ordinance Number 75-10 dated April 29, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following locations in the corporate limits of the City of New Braunfels, Texas:
STOP SIGNS: 993 On the NW corner of S. CASTELL AVENUE at GARDEN STREET to stop traffic prior to entering GARDEN STREET. 994 On the NW corner of RUSK AVENUE at BROADWAY to stop traffic prior to entering BROADWAY 995 On the SE corner of RUSK AVENUE at BROADWAY to stop traffic prior to entering BROADWAY 996 On the NE corner of BROADWAY at RUSK AVENUE to stop traffic prior to entering RUSK AVENUE 997 On the SW corner of BROADWAY at RUSK AVENUE to stop traffic prior to entering RUSK AVENUE 998 On the NW corner of ROSEMARY DRIVE at STARCREST DRIVE to stop traffic prior to entering STARCREST DRIVE 999 On the East side of ROSEMARY DRIVE before the intersection of STARCREST DRIVE to stop traffic prior to entering STARCREST DRIVE 1000 On the SE corner of STARCREST DRIVE at ROSEMARY DRIVE to stop traffic prior to entering ROSEMARY DRIVE 1001 On the NE corner of TANGER TERRACE at SCHMIDT AVENUE to stop traffic prior to entering SCHMIDT AVENUE 1002 On the NW corner of SPOTTED OWL at SANDHILL CRANE to stop traffic prior to entering SANDHILL CRANE 1003 On the SE corner of SPOTTED OWL at SANDHILL CRANE to stop traffic prior to entering SANDHILL CRANE
Page 1 of 3 18
1004 On the NE corner of SANDHILL CRANE at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL 1005 On the SW corner of SANDHILL CRANE at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL 1006 On the NE corner of PELICAN PLACE at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL 1007 On the SW corner of PELICAN PLACE at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL 1008 On the NE corner of RUDDY DUCK at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL 1009 On the SW corner of RUDDY DUCK at SPOTTED OWL to stop traffic prior to entering SPOTTED OWL
II.
THAT the Public Works Department is directed to obtain and install the traffic control signs in the
locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for
the health, welfare and safety of the citizens of New Braunfels.
Ill.
THAT all provisions as set forth in Ordinance Number 75-10 dated April 28, 1975, will be and
remain in full force and effect as though written in full in this ordinance.
IV.
THAT all provisions hereof are hereby declared to be severable and if any provisions hereof is declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which will be and remain in full force and effect.
v.
This Ordinance shall take effect after its second and final reading and ten days after publication pursuant to city charter.
PASSED AND APPROVED: First reading this the day of December 8, 2008.
PASSED AND APPROVED: Second reading this the day of January 12, 2009.
Page 2 of 3 1'3
CITY OF NEW BRAUNFELS, TEXAS
R. BRUCE BOYER, MAYOR
ATTEST:
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
ALAN C. WAYUWD, CITY AITORNEY
Page 3 of 3 20 21
~,,City of ~iJ New Braunfels City Council Agenda Item Report "'"- ~~ JANUARY 12,2009 Agenda Item No. j J3 Presenter/Contact -Alan C. Wayland, City Attorney (830) 221-4284- [email protected]
SUBJECT: CONSIDER A RESOLUTION APPROVING AN ENGAGEMENT LETTER WITH MICHAEL B. SMITHERS
BACKGROUND/RATIONALE:
The City entered into a contract with Valemas, Inc. for the construction/reconstruction of certain streets within the City. Valemas has sued the City alleging that additional monies are owed to it under the construction contract and is also claiming lost profits from other business as a result of the City's actions with regard to the contract. Staff recommends that the City engage the services of local attorney Michael B. Smithers of Smithers & Jemela to assist the City Attorney's Office with the defense of the litigation and possible counterclaim against Valemas. Mr. Smithers has handled many construction dispute lawsuits and is well qualified to represent the City in this matter.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
X N/A Yes I City P~an/Council Priority: I
FISCAL IMPACT:
Funds are budgeted in the City Attorney's Professional Services Budget for this Engagement Letter.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution.
Legal/Common/Forms/Agenda ltem/2009/Resolution.Smithers Engagement Letter Page 1 of 1 22
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING AN ENGAGEMENT LETTER WITH MICHAEL B. SMITHERS FOR LEGAL SERVICES TO THE CITY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of New Braunfels needs specialized legal services in handling the defense of the City in a case styled Valemas, Inc. v. City of New Braunfels, Texas, filed in the 433rd District Court of Comal County; and
WHEREAS, Michael B. Smithers of the law firm Smithers & Jemela is willing to provide such services to the City on an engagement letter basis; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
THAT the Engagement Letter for Legal Services between the City of New Braunfels, Texas and Michael B. Smithers of the law firm Smithers & Jemela is hereby approved and the City Manager is authorized to execute the same on behalf of the City.
PASSED AND APPROVED THIS 12TH DAY OF JANUARY, 2009.
CITY OF NEW BRAUNFELS, TEXAS
By: ------R. Bruce Boyer, Mayor
ATTEST:
Michael Resendez, City Secretary
Legai/Common/Resolutions/2009/Resolution.Approving Smithers Engagement Letter {...).-..-.
SMITHERS & JEMELA ATTORNEYS AT LAW 607N. WALNUT NEW BRAUNFELS, TEXAS 78130-7925 WWW.SJTEXASLAW.COM
MICHAEL B. SMITHERS [email protected] TELEPHONE: (830) 620-6666 FACSIMILE: (830) 620-6959 DONALD J. JEMELA [email protected]
January 5, 2009 VIA EMAIL: [email protected] THE CITY OF NEW BRAUNFELS 424 S. Castell Ave. New Braunfels, TX 78131 ATTN: Mr. Alan C. Wayland, City Attorney
RE: C2008-1390D; Valemas, Inc. v. City ofNew Braunfels, Texas; In the District Court, 433rd Judicial District of Comal County, Texas Dear Mr. Wayland:
I met with Mr. Paul Isham, Assistant City Attorney, on December 17, 2008, to discuss representing The City in the above-referenced litigation. At the instructions ofMr. Isham, I filed an answer on behalf of The City prior to the answer date.
I have made a preliminary review of the background concerning this litigation and an initial review of some of the factual and legal issues. I am prepared to meet with you at any time that you deem appropriate.
I am enclosing herewith an engagement letter with regard to my representation ofThe City in this matter. It is my understanding that the City Council must approve my representation of The City in this litigation.
If you have any questions or comments related to this matter, please give me a call. I look forward to working with you in representation of The City in this matter.
MBS:mec ·Enclosure
{00038687v 3} 24
SMITHERS & JEMELA ATTORNEYS AT LAW 607 N. WALNUT NEW BRAUNFELS, TEXAS 78130-7925 WWW.SJTEXASLAW.COM
MICHAEL B. SMITHERS [email protected] TELEPHONE: (830) 620-6666 FACSIMILE: (830) 620-6959 DONALD J. JEMELA [email protected]
January 5, 2009 VIA EMAIL: [email protected] THE CITY OF NEW BRAUNFELS 424 S. Castell Ave. New Braunfels, TX 78131 ATTN: Mr. Alan C. Wayland, City Attorney
RE: C2008-1390D; Valemas, Inc. v. City ofNew Braunfels, Texas; In the District Court, 433rd Judicial District of Coma! County, Texas Dear Mr. Wayland:
The purpose of this correspondence is to reflect the agreement of the parties with regard to my representation of The City of New Braunfels, Texas, hereinafter referred as "The City" in connection with the above-referenced litigation.
The City has employed me to represent The City in connection with the litigation. My hourly billing rate is $250.00 per hour for all attorney time expended, including travel time; and $75.00 per hour for my legal assistants' time expended in this litigation. In addition thereto, the City shall pay any and all costs and expenses related to this litigation, including but not limited to: court costs expenses and deposits, expenses for investigation, depositions, long distance calls, photocopying, postage, and other expenses reasonably incurred. Photocopies are billed at $0.20 per page. All documents may be scanned as PDF files and are billed at $0.10 per page. All faxes are billed at $0.25 per page. Mileage is billed at $0.58 per mile. Other office supplies and other expenses incurred or expended shall be the responsibility of The City as well. The City shall pay in advance any third part costs and expenses required to be paid in advance by third parties.
I customarily bill monthly for attorneys fees, costs and expenses. However, more frequent billing may be appropriate if time and expenses incurred justify same. My Statements are due upon receipt and shall be paid by The City within fourteen (14) days from the date of billing.
(00038687v 2} 25
THE CITY OF NEW BRAUNFELS January 5, 2009 Page2
AGREED:
CITY OF NEW BRAUNFELS, TEXAS
BY: __~~~~-r~~~-- Alan C. Wayand, City Attorney
{00038687v 2} 26 27
. .. . City of '~Jl Agenda Item No. 3 C Presenter/Contact- Alan Wayland, City Attorney (830) 221-4284 - [email protected] SUBJECT: RESOLUTION APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS NOT TO EXCEED $2,500 FOR ATTENDANCE OF AIRPORT REPRESENTATIVES AT A CHARTERANDTOURSCHEDULERSSHOW BACKGROUND/RATIONALE: Charter and tour schedulers conduct an annual show and the 2009 show is in Long Beach, California. The schedulers are the people who schedule the flights of charter and tour operators as well as corporate aircraft operations, and determine which airports the aircraft should use and where they should go for refueling in route. The FBO proposes to attend the conference and set up a booth to encourage attendees of the conference to consider the New Braunfels Municipal Airport as a location for flying into this area of the State as well as a location to refuel aircraft in route. It is estimated that the cost of attending the conference, renting a booth, and providing information to the attendees of the conference will be $8,000 to $10,000. The FBO has requested that the New Braunfels Industrial Development Corporation assist with funding for the conference and show since the City and area will benefit from additional air traffic that comes to the airport as a result of the contacts made at the show. The NBIDC approved providing funding assistance not to exceed $2,500 for the conference and show. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Gay P!aru/Ccn..:J:r1citl I Prior!tv: FISCAL IMPACT: $2,500 from IDC's funds BOARD/COMMISSION RECOMMENDATION: New Braunfels Industrial Development Corporation Board recommends approval. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 2009-R _. Legal/Common/Forms/Agenda ltem/2009/Res.4B.Tour Schedulers Conference Page 1 of 1 RESOLUTION NO. 2009-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS IN AN AMOUNT NOT TO EXCEED $2,500 FOR ATTENDANCE OF AIRPORT REPRESENTATIVES AT A CHARTER AND TOUR SCHEDULERS SHOW; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the New Braunfels Industrial Development Corporation (the "Corporation") Board of Directors met on December 18, 2008, to consider a request to provide funds not to exceed $2,500 for attendance of airport representatives at a charter and tour schedulers and dispatchers show in Long Beach, California; and WHEREAS, the Corporation's Board of Directors held a public hearing on December 18, 2008, to solicit public comment with regard to the funding request; and WHEREAS, the Corporation's Board of Directors, after holding a public hearing and discussing the request, has recommended that the Corporation provide funds not to exceed $2,500 for attendance of airport representatives at a charter and tour schedulers and dispatchers show in Long Beach, California; and WHEREAS, the Corporation's funding will come from sales tax revenues that it receives; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: I. That the recommendation of the New Braunfels Industrial Development Corporation to provide funds not to exceed $2,500 for attendance of airport representatives at a charter and tour schedulers and dispatchers show in Long Beach, California is hereby approved, and the funding will come from the sales tax revenues received by the Corporation. Legai!Common!Resolutions/48/Resolution.Tour Schedulers Conference II. THAT this Resolution shall become effective from and after the date of its passage. PASSED, ADOPTED, AND APPROVED this 12'h day of January, 2009. CITY OF NEW BRAUNFELS, TEXAS BY: ------R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary Legai/Common!Resolutions/4b/Resolution.Tour Schedulers Conference :30 31 [_,Cityof \;·~New Braunfels City Council Agenda Item Report '· 4. ;> January 127 2009 Agenda Item No. 3.J) Presenter/Contact- Victoria Brown, Intergovernmental Services Manager (830) 221-4283 - [email protected] SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A FEMA PRE-DISASTER MITIGATION GRANT IN THE AMOUNT OF $360,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF All REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. BACKGROUND/RATIONALE: Council's Strategic Priorities identified the City's legislative priorities, which include the pursuit of federal appropriations funding for priority projects. The City's efforts to secure such funding resulted in a $360,000 FEMA Pre-Disaster Mitigation award from 2009 Congressional Appropriations. This grant is for the Phase I (Engineering) portion of a flood hazard mitigation project for Blieders Creek low water crossings on River Road. Initial required documentation for the grant has been completed and filed with the Governor's Division of Emergency Management. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A CIP Strategic Priorities: Objective 2a- Pursue opportunities for state and federal grants and legislative earmarks for priority projects Yes City Phm/Council Priority: Objective 2d- Review additional options for funding drainage maintenance and improvements Objective 3b -Establish annual goal for drainage improvement and maintenance and fund appropriately FISCAL IMPACT: Phase I estimated costs are $480,000 and there is a 25% ($120,000) matching requirement for the grant. Sufficient contingency funding is available from existing debt issuance to meet the matching portion of the grant. Phase 2 (Construction) costs have been estimated at approximately $3,000,000 and will require designation of additional funding sources. Page I of2 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends that the City Manager be authorized to accept this congressionally mandated grant and to execute any and all documentation pertaining to it. Page2of2 RESOLUTION NO. 2009· __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A FEMA PRE-DISASTER MITIGATION GRANT IN THE AMOUNT OF $360,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL_ MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. Whereas, the City of New Braunfels has sought project funding through the 2009 federal appropriations process; and Whereas, the request for funding for the Engineering Phase of a flood mitigation project to alleviate persistent flooding of two crossings of Blieders Creek on River Road was included in the 2009 appropriations bill for funding from the FEMA Pre-Disaster Mitigation Program grants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: THAT, the City Council hereby authorizes the City Manager or his designee to accept a FEMA Pre-Disaster Mitigation Program grant for the purpose of Phase I (Engineering Phase) funding of a flood mitigation project to alleviate persistent flooding of two crossings of Blieders Creek on River Road in the City of New Braunfels, Texas and to act on behalf of the City of New Braunfels in all matters related to this award, including execution of all required documentation associated with the award. PASSED, APPROVED AND ADOPTED this 12th day of January, 2009. CITY OF NEW BRAUNFELS, TEXAS BY: ------BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary 34 ~TJ. ... · Cityof ~: New Braunfels City Council Agenda Item Report '--- =:::;:;:-- January 12, 2009 Agenda Item No. 3 E Presenter/Contact- Steven Ramsey, Public Works Director (830) 221-4020 - [email protected] SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF SIDEWALKS, CROSSWALKS, AND PAVEMENT MARKINGS PROJECT FOR FRAZIER ELEMENTARY SCHOOL IN ACCORDANCE WITH THE SAFE ROUTES TO SCHOOL PROGRAM. BACKGROUND/RATIONALE: The City of New Braunfels prepared and submitted to Texas Department of Transportation (TxDOT) a grant application for consideration under the Safe Routes to School Program for bicycle and pedestrian transportation safety enhancements to Frazier Elementary School. TxDOT notified the City by letter dated December 8, 2008 of approval of the grant. A crosswalk will be marked across Church Hill Drive connecting Goodwin Primary School to a proposed sidewalk along the Comal Independent School District (CISD) Loop, connecting Goodwin Primary School to Frazier Elementary School. Sidewalks will also be installed along one side of Rhine Terrace from Eichen Road to Business 35 and on one side of Business 35 from Rhine Terrace Drive to the entrance to Frazier Elementary School. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A CIP Strategic Priorities: City Pian/Cot~mc~l Objective 2a- Pursue opportunities for state ·~ Yes PriOL'jty: and federal grants and legislative earmarks for _f)_riority_Q_rojects FISCAL IMPACT: The City of New Braunfels will be responsible for engineering services which will be preformed in house. The grant is for $134,188.00 with no local participation required. BOARD/COMMISSION RECOMMENDATION: Page 1 of 2 None. STAFF RECOMMENDATION: Staff recommends approval to execute the agreement with TxDOT. Page 2 of 2 RESOLUTION NO. 2009-R__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT (LPAFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF SIDEWALKS, CROSSWALKS, AND PAVEMENT MARKINGS PROJECT FOR FRAZIER ELEMENTARY SCHOOL IN ACCORDANCE WITH THE SAFE ROUTES TO SCHOOL PROGRAM. WHEREAS, the City of New Braunfels, Texas, desires to enter into a Local Transportation Project Advance Funding Agreement for a Safe Routes to School Program Project for the development, design, and construction of sidewalks, crosswalks, and pavement markings on roads adjacent to Frazier Elementary School; and WHEREAS, the Safe Routes to School Program enhances safety in and around school areas by improving the bicycle and pedestrian safety for school age children, encouraging a healthy and active lifestyle, enabling and encouraging children, including those with disabilities, to walk and bicycle to school, reducing traffic, fuel consumption, and air pollution in the vicinity of schools; and WHEREAS, the City prepared and submitted to the state an application for consideration under the Safe Routes to School Program for the project which eliminates the financial responsibility of the City; and WHEREAS, the City commits to the project's development, implementation, construction, maintenance, and financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: THAT, the City Manager is authorized to execute the Local Project Advance Funding Agreement (LPAFA) for the development of the Safe Routes to School Program for Frazier Elementary School located within the Comal Independent School District. ADOPTED AND APPROVED this 12th day of January 2009. City of New Braunfels, Texas R. BRUCE BOYER, Mayor Attest: MICHAEL A. RESENDEZ, City Secretary 38 / .. FRAZIER: PROPOSED IMPROVEMENTS ~ I Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 December 8, 2008 City of New Braunfels Attn: Mr. Michael Morrison City Manager 424 S. Castell Avenue New Braunfels, Texas 78130 Control: 0915-17-056 County: Comal County Project: Safe Routes To School Project Frazier Elementary Dear Mr. Morrison: Enclosed is the Advanced Funding Agreement for the referenced project. Please return two (2) original agreements, bearing original signatures, to the Consultant Contract Management Office, attention Eliza Reyna at your earliest convenience. Once both original agreements have been returned, the Department will fully execute the agreements and an original will be returned to your office for permanent files. Your prompt attention to this matter would be greatly appreciated. Thank you for your assistance. Sincerely, ~-;::: ~~f. Gregg A. Granato, P.E. District Design Engineer /egr Enclosures cc: Rick Castaneda, P.E. -Traffic Operations An Equal Opportunity Employer 4~1 CSJ#0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A SAFE ROUTES TO SCHOOL PROJECT This Local Project Advance Funding Agreement for a safe routes to school project (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of New Braunfels, acting by and through its duly authorized officials hereinafter called the "Local Government" WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Local Government prepared and submitted to the State an application for consideration under the Safe Routes to School Program for the project which is briefly described as the construction of sidewalks. crosswalks and pavement markings, hereinafter called the Project; and WHEREAS, federal law establishes federally funded programs for transportation improvements, including safe routes to school programs, to implement its public purposes; and WHEREAS, Title 23 U.S.C. §134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, §201.614 directs the State to establish the Safe Routes to School Program to enhance safety in and around school areas through a construction program designed to improve the bicycle and the pedestrian safety of school age children; and WHEREAS, Texas Administrative Code Title 43, Part 1, Chapter 25, Subchapter I, §25.500- 25.505 directs the State to implement the Safe Routes to School Program to enhance safety in and around school areas through a comprehensive program designed to improve the bicycle and pedestrian safety of school age children; encourage a healthy and active lifestyle from an early age; enable and encourage children, including those with disabilities, to walk and bicycle to school; and to facilitate projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of state and federal funds; and AFA_LPAFA_SafeRts2School Page 1 of 8 09/30/2008 41 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary WHEREAS, the Texas Transportation Commission passed Minute Order 111071 awarding funding for projects in the 2007 Program Call, including the Project; and WHEREAS, the rules and procedures for the selection and administration of the Safe Routes to School Program are established in 43 Texas Administrative Code (TAC) §§25.500 et seq.; and WHEREAS, the governing body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement or for the conditions, and in the manner, described herein: A. The termination of this LPAFA shall extinguish all rights, duties, obligations and liabilities of the State under this agreement. If the potential termination of the agreement is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after the agreement is executed, it shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A Project may be eliminated from the program if: i. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC §25.500 et seq. ii. The implementation of the Project would involve significant deviation from the activities as proposed in the application. iii. The Local Government withdraws from participation in the Project. iv. The Project is not let to contract or if utilizing local forces, construction has not begun by a date three (3) years from project award notification .. v. The State determines that federal funding may be lost due to the Project not being implemented and completed. 3. Amendments of this LPAFA shall be made as described in the Master Agreement, without exception. AFA_LPAFA_SafeRts2School Page 2 of 8 09/30/2008 42 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary 4. Scope of Work. The scope of work for the Project, which is at the location shown in Attachment 8, Project Location Map, as described in the application and as approved by the Texas Transportation Commission, consists of implementing a Safe Routes to School Program by constructing sidewalks. crosswalks and pavement markings on roads adjacent to Frazier Elementary located within the Comal Independent School District. 5. Right of Way and Real Property Acquisition shall be the responsibility of the Local Government, as stated in the Master Agreement with the following additional requirements: A. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. B. In the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. The State will not reimburse the Local Government for any real property acquired before execution of this agreement and the State's issuance of a letter of funding authority. C. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. D. The Local Government agrees to inake a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. E. Condemnation shall not be used to acquire real property for this Project. However, real property that was acquired prior to 1991 through eminent domain and in accordance with applicable state and federal laws, may be used for project purposes. F. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed one hundred percent (1 00%) of the AFA_LPAFA_SafeRts2School Page 3 of 8 09/30/2008 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary cost of the real property purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in an amount not to exceed one hundred percent (100%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. G. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this LPAFA. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than ten (10) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. This agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 6. The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 7. Environmental assessment and mitigation will be carried out as stated in the Master Agreement without exception unless otherwise specified in the application for the Project and approved by the State. These costs will not be reimbursed or credited towards the Local Government's financial share of the Project unless specified in the application and approved by the State. 8. Certification. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all real property has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted. 9. Engineering services will be provided by the Local Government. Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. A. The engineering plans shall be developed in accordance with the State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. All roadway improvement designs for on-system highways must comply with the latest version of TxDOT manuals, including but not limited to, the Roadway Design Manual, the Pavement Design Manual, the Hydraulic Design Manual, the Texas Manual on Uniform Traffic Control Devices, and the latest versions of the Americans AFA_LPAFA_ SafeRts2School Page 4 of 8 09/30/2008 44 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). All roadway improvement designs for off-system roads must comply with the minimum standards of the latest version of AASHTO Policy on Geometric Design of the Highways and Streets, the Texas Manual on Uniform Traffic Control Devices, and the latest versions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). All bicycle path and bicycle lane designs must comply with the latest version of the AASHTO Guide for the Development of Bicycle Facilities, the Texas Manual on Uniform Traffic Control Devices, the Hydraulic Design Manual, and the latest versions of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). For new shared bicycle lanes on a signed, designated bicycle route, the minimum lane width must be 14 feet, measured from the existing center stripe to the curb or shoulder, where applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by the State in writing in advance. B. The Local Government shall submit any plans it has completed to the State for review and approval. The Local Government may also submit the plans to the State for review anytime prior to completion. The Local Government shall make the necessary revisions determined by the State. The Local Government will not let the construction· contract until all required plans have received State approval. C. The Local Government shall submit to the State all documentation relating to actual costs incurred for providing architectural and engineering services. Reasonable, allowable, and allocable costs incurred by the Local Government, after the Local Government has obtained written authorization from the State to incur costs, will be eligible for reimbursement at an amount not to exceed one hundred percent (100%) of the eligible actual costs. 10. Construction. Construction will be carried out as stated in the Master Agreement. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Any field changes, supplemental agreements or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by the State and the Local Government prior to authorizing the contractor to perform the work. Prior to completion of the Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 11. Project Maintenance. Upon completion of the Project the Local Government will be responsible for maintaining the completed facility for public use for a period of at least ten (10) years. Any manufacturer warranties extended to the Local Government as a result of the Project shall remain in the name of the Local Government. The State shall not be responsible for honoring any warranties under this agreement. AFA_LPAFA_SafeRts2School Page 5 of 8 09/30/2008 45 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary 12. Local Project Sources and Uses of Funds A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided in Attachment C, showing the total estimated development cost of the Project. This estimate shows the itemized cost of real property, environmental assessments and remediation, engineering activities, construction, and any other substantial items of cost. To be eligible for reimbursement, costs must have been included in the itemized budget section of the application approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. B. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amounts to be contributed to the Project by federal and local sources. C. If the project is not on the State Highway, the Local Government may be responsible for all non-federal and non-state participation costs associated with the Project. Overrun funding of up to fifteen percent (15%) in excess of the approved project construction cost may be approved by the State. The Local Government is responsible for any overruns not approved by the State and any operating or maintenance expenses. D. The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed one hundred percent {100%) of the actual cost of the work up to the amount of construction funds approved for the Project by the Texas Transportation Commission and one hundred percent (100%) of the project development cost. Federal funds will be reimbursed on a cost basis. Project cost incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement. E. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Until the final project accounting, funds in the escrow account may only be applied by the State to the Project. G. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. H. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended federal funds. The Local Government will AFA_LPAFA_ SafeRts2School Page 6 of 8 09/30/2008 46 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary remit the required funds to the State within sixty (60) days from receipt of the State's notification. I. The State will not pay interest on any funds provided by the Local Government. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance . with this Agreement. K. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. L. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Lobbying Certification. The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds, but that if any lobbying occurred, it has been reported to the State, pursuant to the requirements of the Master Agreement. 14. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 15. Incorporation. The Master Agreement is incorporated into this agreement as if fully set forth herein. 16. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease AFA_LPAFA_SafeRts2School Page 7 of 8 09/30/2008 47 CSJ # 0915-17-056 District # 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary immediately, and the State may recover damages and all costs of completing the work. 17. Debarment Certification. The Local Government shall not contract with any person that: is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. 18. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature} Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Carlos A. Lopez, P .E., Director Traffic Operations Division Date: AFA_LPAFA_SafeRts2School Page 8 of 8 09/30/2008 CSJ # 0915-17-056 District# 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Revised 09/30/2008 Page 1 of 1 Attachment A 4'3 CSJ # 0915-17-056 District# 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary ATTACHMENT 8 PROJECT LOCATION MAP Revised 09/30/2008 Page 1 of 1 Attachment B 5~1 CSJ # 0915-17-056 District# 15/San Antonio Code Chart 64 # 29900 Project: Frazier Elementary ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS This is an estimate only, final participation amounts will be based on actual charges to the project. Total Estimate Federal Local Description Cost Participation Participation 100% Preliminary Engineering (PS&E Develo_pment} 37,659.00 37,659.00 0.00 Right of Way (ROW) 0.00 0.00 0.00 Construction {Federal Participation can not exceed amount approved by Texas Transportation Commission) 80,489.00 80,489.00 0.00 SUBTOTAL 118,148.00 118,148.00 0.00 Construction Contingencies estimated @ 18.2233% 14,668.00 14,668.00 0.00 SUBTOTAL 132,816.00 132,816.00 0.00 Direct State Costs (including plan review, inspection and oversight) estimated @ 1% 1,372.00 1,372.00 0.00 TOTAL 134,188.00 134,188.00 0.00 Total participation required from the local government= $0.00 AFA_LPAFA_SafeRts2School Page 1 of 1 09/30/2008 Attachment C 51 (J N~~ Braunfels City Council Agenda Item Report .... ~ January 12, 2009 Agenda Item No. J F Presenter/Contact- Alan Wayland, City Attorney (830) 221-4284 - [email protected] SUBJECT: APPROVAL OF SUBLEASING CONTRACTS FOR USE OF THE ARTS AND CRAFTS BUILDING AT THE COMAL COUNTY FAIR GROUNDS BACKGROUND/RATIONALE: Attached are recent subleasing contracts for the use of the Arts and Crafts building at the Carnal County Fairgrounds. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: ~ N/A Yes I City Plan/Council Priority: I fiSCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of leases. Page 1 of 1 ARLON HERMES 134 Louisiana Ave. New Braunfels, TX. 78131 830-625-4500, 8306-25-2314(fax) December 11, 2008 Alan Wayland City Attorney City of New Braunfels 424 S Castell New Braunfels, TX 78130 Re: Carnal County Fairgrounds Dear Mr. Wayland: Attached are copies of recently issued leases for use of the city owned portion of the fairgrounds. The land lease between the Fair Association and the City of New Braunfels requires these be approved by the council. Please feel free to contact me if you have any questions. ._l.jc.·-1 COMAL COUNTY FAIR ASSO(!ATION rCCL\) RENTAL CONTRACT P.O. BOX 310223 I 801 COMMON ST NEW BRAUNFELS, TEXAS 78131 This agreement made and entered into by and between CON/ Al]\ ASSOCIATION, acting by and through its duly authorized leasing agent, herein after called Lessor, and ·· hereinafter called Lessee. Date of Event: __+-J-"-2_~-__,_~ ....Q'--+-j_-_()=f\__,_·6-'------Lessee Address: ______Phone:(~----~--~~=c~------Purpose of Rental: ____-JJUo.u~• LJA4.J:t Rental Fee: Jc.-Lf!:PrJ:L RENTAlt!'ILL HAVE A (4) ~8~~INIMUM CH~GE. Hall Rates: ~v /J) for Hours, and (J. ~ ) for each addttwnal hour. Cattle Barn: I Carnival Area: +. Corral: / Infield: Food mall: Poultry: - Rodeo: _L Other: Insurance furnished ilapplicable: __ yes __ no I LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCF A FOR ANY INQUIR.lES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Terms: ------ It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCF A rules and fully understands their meaning and effect and agrees to abide v all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCF A's decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. Beginning Hour: Bar Open or Closed: Ending Hour: Bar Opening Time: Decorating Hour: -----.~=---,-..,-..------"r Deposit Fee: \ ?/Y). DO t\\(\-- _____,.,_ cv'\ Balance Due 60 bays Prior to Event:\ / L:Y._). U Remarks: ______54 '-~· COMAL COUNTY FAIR ASSOCIATION (CCFA) RENTAL CONTRACT P.O. BOX 310223 I 801 COMMON ST NEW BRAUNFELS, TEXAS 78131 830-625-1505 This agreemen~ made and entered into by and between coft!.tJJ-~P,UNTY FtrJRtzsocrA TION, acting ~Y and through its duly authonzed leasmg agent, herem after called Lessor, and r . ../{ ( t / fr ·r '>.JelL;' ~'L heremafter called Lessee. ,· • 1 ~~~ 1 ~ ' . U ·; Date of Event: LJ.eC / - 1 ?\~ Lessee Address: Phone: (~---~-=~:;;,~·=2=6=~=J:~='7~'L=~======1 Purpose of Rental:_----*=i,:t.y~·,l,"-'7 ':...•tiV-"'~<4u.?""".JL-f/-f~a~d .....7 ? :t'------..... I 71'J Rental Fee: ALfr!J)LI",RENTALs.:grLL HAvE A c4) W}MINIMUM CHARGE. Hall Rates: ,! ,[X) for 0 Hours, and ~/) for each additional hour. Cattle Bam: . Carnival Area: _)__ Corral: .· Infield: ------t--- . --1-- _J_ Food mall: __;_ Poultry: __;_ Rodeo: ___,_.. _ Other: -J-- Insurance furnished if applicable: __ yes no LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCFA FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Terms: ------ It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCF A rules and fully understands their meaning and effect and agrees to abide by all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCF A's decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. ' J Beginning Hour: .. '-J ·. CO Bae~y- Closed: Ending Hour: i ), \ ( '0 BarDperung Time: Decorating Hour: I 2..- 2. Deposit Fee: :200, 0{) Balance Due 60 Days Prior to Event: Remarks: ------55 COl\!AL COuNTY fAIR ASSOci\TION 1CCf..-\l RENTAL CONTRACT P.O. BOX 310223 /80 I COMMON ST NEW BRAUNFELS, TEXAS 78131 This agreement made and entered into by and betw·een COl•vJJ\L COUNTY!~R.:SS?CIA TION, acting by and through its duly authorized leasing agent, herein aper called Lessor, and _JJ. teaiV'LJi..- 'Q~..JL-.f:./Jl}7 hereinafter called Lessee. Date of Event: i )_ 11?- 08 Lessee Address:---,______Phone:(~--~-~~~~--~-~------Purpose of Rental :___ __,_(Lil.u.u""''olJJi.u.J.t.o/.J.u.,.,d.l~ft..(.<2 Rental Fee: A/MALL RENTAL?WILL HAVE A ( 4) OUR MINIMUM CHARGE. Hall Rates: ~ I ro for c Hours, and /.,-, I\ .DU for each additiona} hour. ~ Cattle Bam: ~ Carnival Area: ± Corral: · Infield: Food mall: Poultry: Rodeo: --~- Other: Insurance furnished i applicable: ____ yes __j__ no --~ LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CC~A FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Tenns: ------·- It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such tern1s and conditions, together with the CCFA rules and fully understands their meaning and effect and agrees to abide y all the contract documents. This agreement, the terms and conditions and the rules form- the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCFA· s decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. flJ\1.- Beginning Hour: ------·--- Bar.h;~r Closed: 0 _, '1 _~\, Ending Hour: -> -~:z._-()6 Bar'Oi5-~ning Time: _()=--'-'-~"------\ \9Y.-.~ Decorating Hour: sn v; . t)D .-{;\.. "& ,(., Deposit Fee: ----..:n~o"'.-ra~)----.it 0-t . ·3 -~1.. v[jV I" I r.D .v_, ;tv\ ~ '~:) /~ Balance Due 60 Days Prior to Event: p _ _e/J ,d) .pti c£1-Sb) lV (\). W" 0 Remarks: ______56 COMAL COUNTY FAIR ASSOCIATI00i :CCF:-\) RENTAL CONTRACT P.O. BOX 310223 I 80 I COMMON ST NEW BRAUNFELS, TEXAS 78131 This agreement made and entered into by and between C0M{,\j:.. G_qtJNTY FAIR ASSOCIATION, acting by and through its duly authorized leasing agent, herein after called Lessor, and l...... / / fJ<..-.( hereinafter called Lessee. 1 1 1 Date of Event:_---Lu-""""''-'=C'--"--/....::.0_,,1---1 ~~"""'~"""'··• .L).,_,r3"------Lessee Address: Phone: '----=-_-4---+(¥.t-?~2_:"Q:;~--1dU-r-~..,..-.{.-"....,..}-"2.,.,..~(-r-C~··~~~~~~~~~~~~ Purpose of Rental: ____,/fJ"""'I/4jJJ..i ..... Rental Fee: A~_!:!,ALL RENT AL!fiLL HAVE A ( 4) ~~-J,NIMUM CHARGE;. Hall Rates: r/5). {f) for . Hours; and ~ U for each additio9al hour. Cattle Bam: ) Carnival Area: I Corral: / Infield: Food mall: . . / . Poultry: ~ Rodeo: +- Other: Insurance furnished 1f applicable: __ yes -+ no : LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCFA FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Terms: ------ It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCFA rules and fully understands their meaning and effect and agrees to abide by all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCF A's decisions are finaL CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. Beginning Hour: ______Bar Open or Closed: Ending Hour: Bar Opening Time: Decorating Hour: ----71"--r<:.~-r<::--r-c--~, ~ Deposit Fee: !)L'[)[() :1\\C /J C::n, ~~\ ~ )___ Balance Due 60 Days Pnor to Event: \ --"ZL:J{.', L) ~~ ~'LC\-Vb Remarks: ------57 COMAL COUNTY FAIR ASSOCIATION (CCFA) RENTAL CONTRACT P.O. BOX 310223 I 801 COMMON ST NEW BRAUNFELS, TEXAS 78131 830-625-1505 This agreement made and entered into by and between COMt! CO~TY, FAIR ASSOCIATION, acting by and through its duly authorized leasing age~, herein after called Lessor, and Lti~ ,1 '216U5Yl hereinafter called Lessee. Date of Event: . } g ./ _ Rental Fee: ALf!l}LL RENTALLJ'ILL HAVE A (4) JiD~INIMUM CHARGE. Hall Rates: fA .D) for Hours, and~ for each additional hour. Cattle Bam: __,_' Carnival Area: + Corral: __j_ Infield: } Food malt: __,_.' _ Poultry: Rodeo: Other: F Insurance furnished i( applicable: ___ yes ___. _no + LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCF A FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Tenns: ------ It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent ·as read such terms and conditions, together with the CCF A rules and fully understands their meaning and effect and agrees to abide JY all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCFA's decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. Beginning Hour: {jz ·. ["";{) Bar Open ~:::·-) Ending Hour: I 0 ; DD ' ,'-~··; Bar Openi~-=------Decorating Hour: . \·.,-"'-'- -1~ Deposit Fee: --.-nr;7JJ~-.1\r\"""':---"_, ~ __L_ ~ -. ._v-!7\. 7'r.J'\ Balance Due 60 Days Prior to Event: -~..,L)__ _Ll1.:-l / L~·--' ~~- Remarks: ______58 _._----- COrv!AL COUNTY FAIR ASSOCIATION 1CCFA) RENTAL CONTRACT ~· P.O. BOX 3102231801 COMMON ST NEW BRAUNFELS, TEXAS 78131 This agreement made and entered into by and between COM,frL COUNTY FAIR ASSOCIATION, acting by and through its duly authorized leasing agent, herein after called Lessor, and lUtf.<:ll;~ <....// }2~ f:t! 4 /;r hereinafter called Lessee. -~ ~ Date of Event:_-f~):.r;;~··~~~~r--r-'f'+.f¥-'-f.----::--jt"J...,_---:;---.--rt----,=-6/ A. I) Lessee Address: __~.L::.!-1-L';-rf'='~~~lf--<~~..<-->~---fJ~-'---1--"' Jt..· Phone:(~~--~-~~~~~~~~~------Purpose of Rental :----1'---'~'-'-~""-"'-'""-"-'""""-'<:f------ Rental Fee: A!tL HALL RENTALcriLL HAVE A (4) ~pUR MINIMUM CHARGE. Hall Rates: 5{:0./.X) for Hours, and cj6 (1"0 for each additional hour. Cattle Bam: ~ Carnival Area: Corral: I Infield: _j_ Food mall: Poultry: --;-- Rodeo: ! Other: + Insurance furnished f applicable: ___ yes _--r-r__ no · LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCFA FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Terms: It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCFA rules and fully understands their meaning and effect and agrees to abide by all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCF A's decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. . ; ',:_,\ Beginning Hour: ~-t _)J a£<;~~ .br Closed: Ending Hour: \"71'. '70 Ba~~gTime: Decorating Hour: ____' . ., NYjL- ~) Deposit Fee: ,1Jl[L"'"')Q~--~,O(' ~~~h. f\Q \· . .. -.. i·V Balance Due 60 bays Prior to Event: , ~ L. i .. 1) ~ee's Signature: , _l '· tj/a-:v'" :. ~, /)iti.. 1Cf~ Date: I - ::S I - (~f< · Remarks: ------59 CO MAL COUNTY FAIR A.'o.~TION i CCFA) RENTAL CONTRACT P.O. BOX 310223 I 801 COMMON ST NEW BRAUNFELS, TEXAS 78131 This agreement made and entered into by and between CO~L'\-Cff,UNTY F . R,AS~OCIATION, acting by and through its duly 1 authorized leasing agent, herein after called Lessor, and LP ,f); l.. / / . /· hereinafter called Lessee. Date of Event: ----~~~~~~~~~~~~--r7~------Lessee Address :·-----,p...t."+~'-'-~~"'::"""-4!fl:-:::k~...-:.___D,d...J.,,..L------Phone:(~~--~--~~~~~~~~~~~------Purpose of Rental: ____~,Jt-Lf"'lf+-4'-"""'-"-'--"'"-k~~=-"~'------ Rental Fee: AL~ f-:IAI;L RENT!J-t__!ILL HAVE A (4) aB~INIMUM CHARGE. Hall Rates: f:l:O.(Y) for Hours, and, for each additional hour. Cattle Bam: -it Carnival Area: _____:__{ Corral: Infield: t-- Food mall: Poultry: ' Rodeo: + Other: r Insurance furnished i applicable: ___ yes ;/ no . LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCF A FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES. Lessee Additional Terms: ______-'------ It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part ofthis agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCFA rules and fully understands their meaning and effect and agrees to abide 'Y all the contract documents. This agreement, the terms and conditions and the rules form the contract documents. This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCFA's decisions are final. CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event. Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract. Beginning Hour: {Q ', QD Bar Open or Closed: Ending Hour: ') 'J.. '. DD . Bar Opening Time: Decorating Hour: --'~J{l;_~' [.'-?b't-7oE------,~ ' 0\l Remarks: ______60 61 . f' ,Cit:yof Braunfels l ~~New City Council Agenda Item Report "--~ January 12, 2009 Agenda Item No. ,J q Presenter/Contact- Steve Ramsey/Mary Quinones (830) 221-4389 -- [email protected] SueJEcr: APPROVAL OF A CONTRACT WITH DU-MOR ENTERPRISES, INC. FOR CONSTRUCTION SERVICES ON THE FOREST DRIVE DRAINAGE, STREET AND WATER PROJECT, AUTHORIZATION FOR CITY MANAGER TO EXECUTE CHANGE ORDERS AND APPROVAL OF THE APPROPRIATE BUDGETARY TRANSFER 8ACKGROUND/RATIONALE: The Forest Drive drainage, street and water project consists of street re-construction of Forest Drive from Beverly Lane to Laurel Lane, installation of a water line and the addition of one fire hydrant. The bid was competed with 85 vendors receiving the bid documents. The City received fifteen responses for this bid. The bids were reviewed by the City Engineer. Based on his review, the apparent low bidder is Du-Mor Enterprises Inc. Another bidder, Benitez Construction Inc., bid lower, however they did not acknowledge an amendment to the solicitation which included a material change to the bid. This acknowledgement is required for the bid to be valid. Du-Mor's pricing is $55,991 for street work and $29,703 for utility work for a total price of $85,694. New Braunfels Utilities will be paying for the utility work. NBU will up front in increments the money for their improvements plus a 10% contingency totaling $32,680 for their part of the project. Staff recommends that a 10 percent contingency ($5,600) for the street improvements be included to facilitate any construction modifications that may be required during performance of the contract. Also staff recommends that Council authorize the City Manager to approve change orders to the construction contract up to the amount of the contingency. The total construction award price with contingencies is $94,263.40. Staff further recommends that $10,000 be allocated for a material testing consultant. The total cost to the City for the project, including contingencies is $71,590. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A City Council Strategic Priorities- Objective 3: X Yes Implement ongoing program of infrastructure construction and maintenance Page I of2 62 FISCAL IMPACT: The total estimated cost of this project to the City, including materials testing and contingencies is $71,590. The Forest Drive drainage project was not funded in the FY 2008-09 Adopted Budget. Therefore, a budget transfer is required to provide funds to complete this project. Sufficient funds are available in the 2007 Certificates of Obligation- Contingencies line item. The following budget transfer is recommended. 2007 Certificates of Obligation Capital Improvement Fund From: Contingencies ($71 ,600) To: Forest Drive drainage improvements project $71,600 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of a contract with Du-Mor Enterprises, Inc. for construction services on the Forest Drive drainage, street and water project, authorization for City Manager to execute change orders, and approval of the appropriate budgetary transfer. Page 2 of2 6:3 T"lll! ~- .·· j City of \;;11d New Braunfels City Council Agenda Item Report ""'"'~ January 12, 2009 Agenda Item No. ,3 ff Presenter/Contact - Michael A. Resendez, City Secretary Ph. 830-221-4006 I E-mail: [email protected] SusJecr: APPROVAL OF THE APPOINTMENT OF MICHAEL LEE TO THE CONSTRUCTION BOARD OF APPEALS FOR A TERM ENDING FEBRUARY 24, 2013 AND THE APPOINTMENT OF JACKIE SCOTT (REPRESENTING THE LANDA LADIES GOLF ASSOCIATION) TO THE LANDA PARK MUNICIPAL GOLF COURSE ADVISORY BOARD FOR A TERM ENDING DECEMBER 31, 2011. BACKGROUND/RATIONALE: The Construction Board of Appeals is a board comprised of seven members and four alternates with each regular member satisfying a specific designation and serving a five-year term. Currently, the board is comprised of Bryan Ott (Plumbing Contractor), Craig Massouh (Architect) and Russell S. McDonald (Mechanical Contractor). Mr. Lee will occupy the slot available for an engineer, leaving three positions available for an electrical contractor and two general contractors. The position being filled by Mr. Lee has been open since February 2008. The Landa Park Municipal Golf Course Advisory Board is a board comprised of seven members with three holding membership in the Landa Park Men's Golf Association, the Landa Ladies Golf Association, or the Landa Legends Golf Association. The remaining four members serve in at-large capacity. Attached is a letter from the Landa Ladies Golf Association recommending that Jackie Scott continue to serve as a representative on the Landa Park Municipal Golf Course Advisory Board. BOARD AND COMMISSION APPLICATIONS RECEIVED 1. One member to the Construction Board of Appeals for a term ending February 24, 2013. • Michael Lee, 6 Mission Trace 2. One member to the Landa Park Municipal Golf Course Advisory Board for a three-year term ending December 31, 2011. • Jackie Scott, 1111 Gardenia Drive (reapplying) Applicants current service on Boards and Commissions Michael Lee - currently serving on the Main Street Advisory Board Jackie Scott - recently completed ten months of service on the Landa Park Municipal Golf Course Advisory Board ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: 64 / Prioilty: FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends that City Council appoint Michael Lee to the Construction Board of Appeals for a term ending February 24, 2013 and Jackie Scott to the Landa Park Municipal Golf Course Advisory Board for a term ending December 31, 2011. 65 CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION Name: Street Address: b j'UJ1 l J .fg Qii'\i 7:~ A C./! ------~------~------ City, State & Zip: N. S .. "T ;r 7~l3c ------~------ Phone Number: Business E-mail: m;eke..v·.t~~ @.. lo.Y"~.Dr!"tli ------,------~------ Employer: L~Wlfii~ C oLUli))a(.AD-o Ru/t€.( Av.·rHo ,,~ :t'1' y Occupation: Business Address: How long have you been a resident of New Braunfels?__ ..__l ~=·,__V.._.,t""-=.f'-· ______ Are you a qualified voter of the City?_--Jl'{'-"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. f..l•i G&il!Ji.tZlf!- STA'f.t ot;: 7,C:'!,A.l5 ,; G. LEc,&~,u:. !ATtLI'T'~ [ ..~~~\!i'Ta~V s tN.;;t{ iiff'1~ j ' LC.~ 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. t- r ~"f iltVJ,~tY'\ VO' J I 66 SECOND PAGE · Do you currently serve on a City board or commission? Yes X: No __ If yes, which board or commission?lll\a.af.t STdti""itT A~LJvg~.a.~'f ttJt::rrt~.M Rav,g,w. J How long? ______ Do you have any relatives who work for the City of New Braunfels! Yes __ No~ Ifso,who? ______ Do you receive any direct compensation or gain from the City of New Braunfels? Yes ___ No X Ifso,whattype?______~------Do you receive any direct compensation or gain from any governmental body? Yes __ No.x__ Ifso,whattype? ______ 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. JV\&u~ Sx&~Etr~ ~~.~:wt.rQ,&Y BI!;)A'i..~ 2. Dars~G:N I 5 Aj~tiQ.(l)At.ik. C oM4u·u-r-rtr.&r 8 3. C..t>N.. DATE: H -1·" iD B j 67 CITY OF NEvV BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION Name: Street Address: City, State & Zip: ;eta! . l'-0/U-t-1~ ~l lf'j_ -~ 0 ~-----~------/f, -----~------Phone Number: (v(} b- f(/0 S Home Business E-mail: -~ Employer: Occupation: Business Address: How long have you been a resident of New Braunfels?_----.;....;:k~·~')-7----=·~-.,e=_=£;'-""W'-.!t"------ Are you a qualified voter of the City? ___...~~t...... ,.Jd=· =------ 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. V-tc;t{ 4([:/~'J c..:-- _,.-'//LL-1Cfi' q.&L A.-.tl~d/~tA:I ;/ # ti,J. ll ¥~~~-=----·- ·' .ru, tt?t., {_:?- #d d/~ c------..... --~·-==---- SECOND PAGE If so, who? ______Do you receive any direct compensation or gain from the City of New Braunfels? Yes_ No~ Ifso,whattype?______ Do you receive any direct compensation or gain from any governmental body? Yes_ No_~/ Ifso,whattype?______ 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.-----=·-/s;_,~-+.J-+-;.J--=-~-;2c_·'t_tu_-au_· ?G-=· i<..-=·!f-L-;1.,---=--A_t~---'-· _·t-.-=-=--d_· .. __a._?_t1,-r4c.r--F_-, __·-=·-~-...___ -l J {/ 2. ______ 3. ______~~------6'3 Mrs. Stacey laird, Director Parks & Recreation Department New Braunfels, Tx. December 12, 2008 Dear Mrs. laird, Pfease accept this letter as our recommendation for Jackie Scott to serve as our representative on the Golf Advisory Board. She has been serving on this board and our Golf Association would like for her to continue and she has agreed. Thank you. }0~0#-a~ Marilyn Klefn, President Landa ladies Golf Assoc. 70 71 Y',Cityof ~~New Braunfels CJty CouncH Agenda Item Report "'v 4 -=- JANUARY 12, 2009 Agenda Item No. ,j I Presenter/Contact- Shannon Mattingly, Planning Director (830) 221 ~4055 - [email protected] SUBJECT: APPROVAL OF A FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, CHANGING THE NAME OF FM 306 TO CREEKSIDE CROSSING COMMENCING EAST FROM THE CURRENT INTERSECTION WITH IH 35 EFFECTIVE UPON PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING A REPEALER CLAUSE AND PROVIDING A SEVERABILITY CLAUSE. BACKGROUND/RATIONALE: It has come to the City's attention that there is a problem with addressing on FM 306. The numbering system begins at 0 where IH 35 intersects with FM 306 and continues West, therefore we would either have to renumber all of the addresses along FM 306 in order to have a numbering system that would not go into the negatives when going back to the East on the new segment of FM 306, which would significantly effect the businesses along the existing FM 306 or we can just change the name of the roadway going back to the East. We have spoken with TxDOT, Bexar Metro and Comal County and everyone has agreed to this change, but TxDOT requires an ordinance from the City Council to officially change the name of the roadway. It is important to address all of the concerns so there is no conflict with emergency responders being able to identify addresses and respond. This roadway name meets all of the addressing standards and is not in conflict with any other name in the region. Notification: Comal County, TxDOT and Bexar Metro were all notified. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: j City Plan/Council Priority: FISCAL IMPACT: The only costs associated with this request would be putting up the street signs on the new section. BOARD/COMMISSION RECOMMENDATION: STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Ordinance U:\Pianning\CCagenda\Road name change for FM 306.doc Page I of I "')1 .... ORDINANCE NO. 2009- __ AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, CHANGING THE NAME OF FM 306 TO CREEKSIDE CROSSING COMMENCING EAST FROM THE CURRENT INTERSECTION WITH IH 35 EFFECTIVE UPON PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING A REPEALER CLAUSE AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, it is the intent of the City Council to protect the public health, safety and welfare; and WHEREAS, municipalities may, under their police powers, enact reasonable regulations to promote the health, safety and welfare of citizens; and WHEREAS, the City of New Braunfels is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Article 11, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Texas Local Government Code Section 51.001 (1) provides that the governing body of a municipality may adopt, publish, amend, or repeal an ordinance, rule or police regulation that is for the good government, peace, or order of the municipality; and WHEREAS, Texas Transportation Code Section 311.001 (a) states that a home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality; and WHEREAS, it is in the public interest to change the name of a public street as set forth herein; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT, the name of FM 306, commencing East from the current intersection with IH 35, be changed to Creekside Crossing. SECTION 2 THAT, the purpose of this street name change is to prevent future addressing conflicts. SECTION 3 THAT, the City Manager is hereby ordered and directed to cause City of New Braunfels maps to be amended to reflect the above described street name change. SECTION 4 THAT, if any provision or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and ·effect. SECTION 5 THAT, this Ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED: First Reading this the 1ih day of January, 2009. PASSED AND APPROVED: Second Reading this the 26th day of January, 2009. 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\Street Name Change.ord.doc 74 75 F.' ,Cityof ~~New Braunfels City Council Agenda Item Report "'-~ January 12, 2009 Agenda Item No. i/ A Presenter/Contact- Robert Camareno, Assistant City Manager (830) 221-4280 - [email protected] SueJecr: DISCUSS AND CONSIDER THE APPROVAL OF THE UTILIZATION OF HOTEL/MOTEL TAX REVENUE FROM THE GREATER NEW BRAUNFELS CHAMBER OF CHAMBER FOR THE PURCHASE OF BUILDING IMPROVEMENTS AND EQUIPMENT ADDITIONS TO THE CIVIC/CONVENTION CENTER. BACKGROUND/RATIONALE: In recognition of the need to service the local community as well as to attract visitors, a proposal of the purchase of building improvements and equipment utilizing hotel/motel tax revenue collected by the Greater New Braunfels Chamber of Commerce ($650,000) is presented. The building improvements that have been identified by staff and the Civic/Convention Center Building Committee include an electronic marquee on Seguin Avenue, addition of an Exhibit Hall partition and electrical upgrade, replacement of original glass windows and doors, replacement of Exhibit Hall and Ballroom stage floors, offices, Ballroom lighting replacement, monitored security system, medallion lighting and landscape improvements. The equipment additions include audio/visual, a larger emergency generator, lobby furniture & decor, kitchen equipment, office equipment, cleaning and operational maintenance equipment. Based upon an extensive review of these items by the staff and Building Committee, the building improvements and equipment additions are recommended to complete the facility. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: NIA Strategic Priorities: (Objective 1b) -Identify facility needs in anticipation of increasing service demands Yes (Objective 2)- Use a variety of funding sources i for operational and capital needs FISCAL IMPACT: Funding for the proposed building improvements and equipment additions will be provided through the hotel/motel tax revenue collected by the Greater New Braunfels Chamber of Commerce. Page I of2 76 BOARD/COMMISSION RECOMMENDATION: The Building Committee met on January 6, 2009 to review the proposed building improvements and equipment additions. They are recommending to move forward with the purchase of the proposed items. STAFF RECOMMENDATION: Staff recommends approval of the purchase of the proposed building improvements and equipment additions. Page 2 of2 77 ~-_,City of ~ ... New Braunfels City Council Agenda Item Report ~ JANUARY 12, 2009 Agenda Item No. 1 13 Presenter I Contact- Shannon Mattingly, Planning Director (830) 221-4055 - [email protected] SUBJECT: CASE# PZ-11/08-3 PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOT 1 B, CONRADS ROAD SUBDIVISION, UNIT 1, LOCATED AT 135 CONRADS ROAD, FROM "APD AGRICULTURAUPRE DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT", WITH A CONCURRENT LAND USE PLAN AMENDMENT. APPLICANT/OWNERS: APPLICANT: City of New Braunfels 424 Castell Ave. New Braunfels TX 78130 OWNER: Brothers of Thunder & Little Johnnie Macs Truck Wash 135 Conrads Road New Braunfels, TX 78130 BACKGROUND/RATIONALE: This property was annexed into the City in 2001 and given an interim zoning designation of APD. There is an existing RV and Truck wash located on the property that was in operation prior to annexation. At the time of annexation, the City should have zoned the property for its current use. The City is initiating the zone change so that the existing use is no longer non-conforming and that it is consistent with the surrounding zoning and uses. The Travel America Truck Stop is located immediately across Conrads Road from the subject property. There is a vacant 24 acre tract immediately adjacent to the subject property that was rezoned to M- 1A after the property was annexed into the City. Likewise, there is a vacant C-1 B lot between the subject property and the Quail Valley Subdivision that was rezoned after annexation. The 2006 Future Land Use Plan shows the property designated as Commercial. If this rezoning request is approved, the Future Land Use Plan should be amended to reflect the change. General Information: Size: 1.136 acres Surrounding Zoning North - Outside City Limits and Land Use: South- "M-1A Light Industrial District" I Vacant East- "M-1A Light Industrial District" I Vacant West - "C-1 B General Business District" I Vacant Comprehensive Plan/ Future Land Use Designation: Commercial Notification: Public hearing notices were sent to 10 property owners located within 200 feet of the property. One response was received in objection from #4 on the notification map. One additional response in opposition was received from a property owner outside the 200' notification area. No responses have been received in favor. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: Pros: 2006 Comprehensive Plan Goai1A Evaluate proposed zone changes to Maintain land use compatibility, as well as the Page I of2 78 Pros and Cons Based integration of mixed land uses as a component of on Policies Plan achieving better places to live. The proposed zoning is I consistent with existing use of the property and adjacent zoning and truck-stop facility. Goal 1 C Consider rezoning, as necessary, to ensure existing and future land use compatibility. The proposed zone change is consistent with existing use of the property. Cons: Proposed zoning classification does not comply with the 2006 Future Land Use Plan. An amendment will be required if the zoning is approved. FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on December 2, 2008 and recommended approval. The motion carried (5-0-0). STAFF RECOMMENDATION: Staff recommends approval of the rezoning. ATTACHMENTS: 1. Excerpt from Planning Commission Minutes of December 2, 2008 · 2. · Notification Map 3. Existing Land Use and Zoning Map 4. Aerial Map 5. Section 3.4-18, Chapter 144, New Braunfels Code of Ordinances 6. Ordinance U:\Pianning\CCagenda\ZoneChgs&SUP\Johnny Macs M-1 A. doc Page 2 of2 79 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF NOVEMBER 11, 2008 PUBLIC HEARINGS Hold a Public Hearing and make a recommendation to City Council regarding Case #PZ11/08-3, the proposed rezoning of Lot 1B, Conrads Road Subdivision, Unit 1, located at 135 Conrads Road, from "APD Agricultural/Pre-Development District" to "M-1A Light Industrial District". (City of New Braunfels) Mr. Greene explained that the property was annexed into the City in 2001 and contained an RV and truck wash. He said the City was initiating the zone change so that the existing use was no longer non-conforming and would be consistent with the surrounding zoning and uses. He said 10 notices were sent to property owners within 200 ft. of the subject property; no responses were received in favor of the rezoning and one response was received in opposition (#4). He said staff recommended approval of the rezoning. Chairman Ybarra asked if there was anyone in the audience who wished to speak in favor of the rezoning. None one spoke. Chairman Ybarra asked if there was anyone in the audience who wished to speak in opposition to the rezoning. William Ruiz, 122 Woodpecker Run, said he lived in the adjacent Quail Valley Subdivision and complained that the truck wash was already noisy and any expansion of the facility meant additional noise. Laura Lewis, 3290 Eagle Mountain, says she was routinely awakened at 4:00a.m. due to the noise from the truck wash. She said the expansion would bring more traffic and vandalism and she feared for the safety of the adjacent residents. Chairman Ybarra commented that the tract immediately adjacent to Quail Valley Subdivision was already zoned for retail use. Motion by Commissioner Nolte, seconded by Vice Chair Casteel, to close the public hearing. The motion carried unanimously. (5-0-0) Vice Chair Casteel asked if a truck wash was only permitted in industrial zoning. Mr. Greene said it was. Motion by Vice Chair Casteel, seconded by Commissioner LaRochelle, that Case #PZ11/08-3, the proposed rezoning of Lot 1 B, Conrads Road Subdivision, Unit 1, located at 135 Conrads Road, from "APD Agricultural/Pre-Development District" to "M-1A Light Industrial District", be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (5-0-0) ATTACHMENT 1 3~1 PLANNING COMMISSION - NOVEMBER 11 I 2008 - 6:00PM New Braunfels Municipal Building, Council Chambers Applicant: City of New Braunfels Address/Legal Description: 135 Conrads Road I Lot 1B, Conrads Road Subdivision, Unit 1 Owners: Brothers of Thunder & Little Johnnie Macs Truck Wash REQUEST FOR ZONE CHANGE- CASE #PZ11/08-3 The circled numbers on the map correspond to the property owners listed below. All information is from the Coma! Appraisal District Records. "Z" indicates common ownership of properties. The property under consideration is marked as "SUBJECT". 1. Lewis, Kevin & Laura 2. Ruiz, William & 3. Schuster, Clinton & Rosa Polanco Felicia Botello 4. Lopez, Miguel & Maria 5. Divan, Mark & Valerie 6. Amador, John Paul Jr. 7. Delnostro, Cramen & Susan 8. Confidential 9. N B Quail Valley HOA Inc. 10. C R 35 Ltd. SEE MAP ON REVERSE ATTACHMENT 2 / 3337 3333 NOTIFICA· • .-uN MAP 3329" /,~ / 481 I 1 @ / \\'~' J', ' LEGEND N _ .. ,_.. City Limits w.c s . , City of Case #PZ11/08-3 ~-..New Braunfels "z ,.. 135 Conrads Rd. PLANNING APD to M-1A Map Created ·1 0/25/08 \ ~ ~ Outside City Limits 'k:vidinn Land Use Residential Low Density (Less than 5 Units/Acre) Residential Medium (6-12 Un/Ac) I Manufactured Homes Residential High Density (12+ Un/Ac) I Mobile Home N Private Recreation W~E ws . Cityof Case #PZ11/08-3 N ·'·· New Braunfels tJ...... _ 135 Conrads Rd . w\tl i'U\NNtNG APD to M-1A Map Created 1 0/30/08 s ~ u.\ '5 X \) Itt f ' ~ W.E s . Cityof Case #PZ11/08-3 ~J·:· . New Rr.:tunfels '-, -- <=--- 135 ~"'onrads Rd. - A .. to M-1A Map C 1 0/30/08 84 3.4-18. "M-1A" light industrial district. Purpose. The M-1 A light industrial district is intended primarily for the conduct of light manufacturing, assembling and fabrication activities, distribution, and for warehousing, research and development, wholesaling and service operations that do not typically depend upon frequent customer or client visits. Such uses generally require accessibility to major thoroughfares, major highways, and/or other means of transportation. The following regulations shall apply in aii"M-1A" districts: (a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows ( 1) Uses permitted by right: Residential uses: Accessory building/structure Bed and breakfast inn (see Sec. 5.5) Boardinghouse/lodging house Community home (see definition) Dormitory (in which individual rooms are for rental) Multifamily (apartments/condominiums- at least five units) Residential use in buildings with the following non-residential uses Non-residential uses: Accounting, auditing, bookkeeping, and tax preparations Adult day care (no overnight stay) Adult day care (with overnight stay) Aircraft support and related services Airport All terrain vehicle (A TV) Dealer I Sales Ambulance service (private) Amphitheater Amusement devices/arcade (four or more devices) Amusement services or venues (indoors) (see Sec. 5.12) Amusement services or venues (outdoors) Animal grooming shop Answering and message services Antique shop Appliance repair Archery range Armed services recruiting center Art dealer I gallery Artist or artisan's studio Assembly/exhibition hall or areas Athletic fields Auction sales (non-vehicle) Auto body repair, garages (see Sec. 5.10) Auto glass repair/tinting (see Sec. 5.1 0) Auto interior shop I upholstery (see Sec. 5.1 0) Auto leasing Auto muffler shop (see Sec. 5.1 0) Auto or trailer sales rooms or yards (see Sec. 5.11) Auto or truck sales rooms or yards- primarily new (see Sec. 5.11) Auto paint shop Auto repair as an accessory use to retail sales Auto repair garage (general) (see Sec. 5.1 0) ATTACHMENT 5 85 Auto supply store for new and factory rebuilt parts Auto tire repair /sales (indoor) Automobile driving school (including defensive driving) Bakery (retail) Bank, savings and loan, or credit union Barber/beauty college (barber or cosmetology school or college) Barber/beauty shop, haircutting (non-college) Barns and farm equipment storage (related to agricultural uses) Battery station Bicycle sales and/or repair Billiard I pool facility Bio-medical facilities Blacksmith or wagon shops Book binding Book store Bottling or distribution plants (milk) Bottling works Bowling alley/center (see Sec. 5.12) Broadcast station (with tower) (see Sec. 5.6) Bus barns or lots Bus passenger stations Cafeteria I cafe I delicatessen Campers' supplies Campground Car wash (self service; automated) Car wash, full service (detail shop) Carpenter, cabinet, or pattern shops Carpet cleaning establishments Caterer Cemetery and/or mausoleum Check cashing service Chemical laboratories (not producing noxious fumes or odors) Church/place of religious assembly Civic/conference center and facilities Cleaning, pressing and dyeing (non-explosive fluids used) Clinic (dental) Clinic (emergency care) Clinic (medical) Club (private) Coffee shop Cold storage plant Commercial amusement concessions and facilities Communication equipment - installation and/or repair Community building (associated with residential use) Computer and electronic sales Computer repair Confectionery store (retail) Consignment shop Contractor's office/sales, with outside storage including vehicles Contractor's temporary on-site construction office (only with permit from Building Official; see Sec. 5.9) Convenience store with gas sales Convenience store without gas sales Credit agency Curio shops Custom work shops 86 Dance hall I dancing facility (see Sec. 5.12) Day camp Department store Drapery shop I blind shop Driving range Drug sales/pharmacy Electrical repair shop Electrical substation Electronic assembly/high tech manufacturing Electroplating works . Engine repair/motor manufacturing re-manufacturing and/or repair Exterminator service Fair ground Farmers market (produce market- wholesale) Farms, general (crops) (see Chapter 6, Municipal Code and Sec. 5.8) Farms, general (livestock/ranch) (see Chapter 6, Municipal Code and Sec. 5.8) Feed and grain store Filling station (gasoline tanks must be below the ground) Florist Food or grocery store with gasoline sales Food or grocery store without gasoline sales Food processing (no outside public consumption) Forge (hand) Forge (power) Fraternal organization/civic club (private club) Freight terminal, rail/truck (when any storage of freight is outside an enclosed building) Freight terminal, truck (all storage of freight in an enclosed building) Frozen food storage for individual or family use Funeral home/mortuary Furniture manufacture Furniture sales (indoor) Galvanizing works Garden shops and greenhouses Golf course (public or private) Golf course (miniature) Governmental building or use (state/federally owned and operated) Greenhouse (commercial) Handicraft shop Hardware store Health club (physical fitness; indoors only) Heating and air-conditioning sales I services Heavy load (farm) vehicle sales/repair (see Sec. 5.13) Heliport Home repair and yard equipment retail and rental outlets Hospital, general (acute care/chronic care) Hospital, rehabilitation Hotel/motel Hotels/motels- extended stay (residence hotels) Ice delivery stations (for storage and sale of ice at retail only) Ice plants Industrial laundries Kiosk (providing a retail service) Laboratory equipment manufacturing Laundromat and laundry pickup stations Laundry, commercial (w/o self serve) 87 Laundry/dry cleaning (drop off/pick up) Laundry/washateria (self serve) Lawnmower sales and/or repair Leather products manufacturing Light manufacturing Limousine I taxi service Locksmith Lumberyard (see Sec. 5.14) Lumberyard or building material sales (see Sec. 514) Machine shop Maintenance/janitorial service Major appliance sales (indoor) Manufactured home sales Manufacturing and processes Market (public, flea) Martial arts school Medical supplies and equipment Metal fabrication shop Micro brewery (onsite manufacturing and sales) Mini-warehouse/self storage units (no outside boat and RV storage permitted) Mini-warehouse/self storage units with outside boat and RV storage Motion picture studio, commercial film Motion picture theater (indoors) Motion picture theater (outdoors, drive-in) Motorcycle dealer (primarily new I repair) Moving storage company Moving, transfer, or storage plant Municipal use owned or operated by the City of New Braunfels, including libraries Museum Needlework shop Non-bulk storage of gasoline, petroleum products and liquefied petroleum Nursing/convalescent home/sanitarium Offices, brokerage services Offices, business or professional Offices, computer programming and data processing Offices, consulting Offices, engineering, architecture, surveying or similar Offices, health services Offices, insurance agency Offices, legal services - including court reporting Offices, medical offices Offices, real estate Offices, security/commodity brokers, dealers, exchanges and financial services Outside storage (as primary use) Park and/or playground (private) Park and/or playground (public) Parking lots (for passenger car only) (not as incidental to the main use) Parking structure I public garage Pawn shop Personal watercraft sales (primarily new I repair) Pet shop I supplies (1 0,000 sq. ft. or less) Pet store (more than 10,000 sq. ft.) Photo engraving plant Photographic printing/duplicating/copy shop or printing shop Photographic studio (no sale of cameras or supplies) Photographic supply Plant nursery Plant nursery (growing for commercial purposes with retail sales on site) Plastic products molding/reshaping Plumbing shop Portable building sales Propane sales (retail) Public recreation/services building for public park/playground areas Publishing/printing company (e.g., newspaper) Quick lube/oil change/minor inspection Radio/television shop, electronics, computer repair Rappelling facilities Recreation buildings (private) Recreation buildings (public) Recycling kiosk Refreshment/beverage stand Research lab (non-hazardous) Restaurant Restaurant/prepared food sales Retail store and shopping center (more than 50,000 sq. ft. bldg.) Retail store and shopping center without drive thru service (50,000 sq. ft. bldg. or less) Rodeo grounds RV park RV/travel trailer sales School, K-12 (public or private) School, vocational (business/commercial trade) Security monitoring company Security systems installation company Sheet metal shop Shoe repair shops Shooting gallery- indoor (see Sec. 5.12) Shopping center Sign manufacturing/painting plant Specialty shops in support of project guests and tourists Storage - exterior storage for boats and recreational vehicles Storage in bulk Studio for radio or television (with tower) (see Sec. 5.6) Studios (art, dance, music, drama, reducing, photo, interior decorating, etc.) Tailor shop Tattoo or body piercing studio Taxidermist Telemarketing agency Telephone exchange (office and other structures) Tennis court (commercial) Theater (non-motion picture; live drama) Tire sales (outdoor) Tool rental Tourist court Transfer station (refuse/pick-up) Travel agency Truck garden (with retail sales) Truck or transit terminal (with outside storage) University or college (public or private) Upholstery shop (non-auto) Used or second hand merchandise/furniture store Vacuum cleaner sales and repair 8~3 Veterinary hospital (no outside animal runs or kennels) Veterinary hospital (with outdoor animal runs or kennels) Video rental/ sales Warehouse I office and storage I distribution center Waterfront amusement facilities - berthing facilities sales and rentals Waterfront amusement facilities - boat fuel storage I dispensing facilities Waterfront amusement facilities - boat landing piers/launching ramps Waterfront amusement facilities- swimming I wading pools I bathhouses Water storage (surface, underground or overhead), water wells and pumping stations that are part of a public or municipal system Welding shop Wholesale sales offices and sample rooms Woodworking shop (ornamental) Any comparable business or use not included in or excluded from any other district described herein, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. (2) Only the following manufacturing and processes are permitted when they meet the following requirements: No use is permitted that would emit or cause radiation, dust, odor, smoke, gas or fumes objectionable to persons of ordinary sensitivity or reasonably hazardous to health, beyond the boundary property lines of the lot or tract upon which the use is located, and which do not generate noise or vibration at the boundary of the M-1 A district which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Assaying works Cooperage works Foundries (iron, brass, bronze, aluminum). Hides and skins (storage and curing). Manufacture of adding machines, cash registers, typewriters, basket material, boxes, electric lamps, clay, shale and glass products, cutlery tools, bicycles, electrical machinery, tools, fiberglass products, and piping subassemblies Metal stamping, shearing, punching, forming, cutting, cleaning, heat treating, etc. Sheet metal shops Welding (3) Conflict In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection (1 ), the uses listed in this subsection shall be deemed those authorized in the district. (b) Maximum height, minimum area and setback requirements: (1) Non-residential uses. (i) Height. 120 feet. (ii) Front building setback. 25 feet. (iii) Side building setback. No side building setback is required. (iv) Corner lots. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building '30 setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Where a minimum 25-foot setback is required, a canopy at least eight feet in height, attached to the main building, may be built within 15 feet of the property line so long as such construction will not obstruct the vision of vehicular or pedestrian traffic. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the right of-way, if the garage door is closed. (See illustration 8 in Sec. 5.1-1) (v) Residential setback. Where a non-residential building abuts a one or two family use or zoning district, the setback from the residential property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet. (vi) Rear building setback. 20 feet. (vii) Width of lot. 60 feet. (viii) Lot depth. 100 feet. (ix) Parking. See Sec. 5.1 for permitted uses' parking. (2) Multifamily dwellings. (i) Height. 35 feet. (ii) Front building setback. 25 feet. (iii) Side building setback. A side building setback six feet shall be provided. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the right of-way, if the garage door is closed. (See illustration 8 in Sec. 5.1-1) (iv) Rear building setback. 25 feet. (v) Residential setback. Effective November 8, 2006, where a multifamily dwelling abuts a one or two family use or zoning district, the setback from the one or two family property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet. (vi) Accessory uses. Accessory uses such as swimming pools, tennis courts and playgrounds will not be permitted within any required yard. (vii) Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 72 feet. (viii) Density. 24 units per acre. (ix) Lot area. 20,000 square feet. 91 (x) Lot coverage. The combined area of all yards shall be at least 50 percent of the total lot or tract; provided however, that in the event enclosed or covered parking is provided, the minimum total yard area requirement shall be 40 percent of the total lot or tract. (xi) Distance between structures. There shall be a minimum of 10 feet between structures side by side; a minimum of 20 feet between structures side by front or rear; a minimum of 40 feet between structures front to front; and a minimum of 20 feet between structures backing rear to rear, and a minimum of 20 feet between structures front to rear. (See illustration 1) (xi) Minimum number of units. Five. (xii) Parking. For apartments, apartment hotel units and other multifamily dwellings, off street parking spaces shall be provided in accord with the following schedule: 1. One-bedroom apartment or unit ... 1 1/2 spaces 2. Two-bedroom apartment or unit ... 2 spaces 3. Each Additional bedroom ... 1/2 space 4. Each dwelling unit provided exclusively for low income elderly occupancy ... 3/4 space ("Low income elderly" is defined as any person 55 years of age or older with low or moderate income, according to HUD standards. ) See Section 5.1 for other permitted uses' parking. '32 ORDINANCE NO. 2009- AN ORDINANCE REZONING LOT 1B, CONRADS ROAD SUBDIVISION, UNIT 1, LOCATED AT 135 CONRADS ROAD, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT". WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of the "M-1A Light Industrial District", the City Council has given due consideration to all components of said district; and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the City Council desires to amend the Zoning Map by changing Lot 1B, Conrads Road Subdivision, Unit 1, from "APD Agricultural/Pre-Development District" to "M-1A Light Industrial District"; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 THAT Sections 1.2-1 and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "APD Agricultural/Pre-Development District" to "M-1A Light Industrial District": "Lot 1 B, Conrads Road Subdivision, Unit 1, as delineated on Exhibit "A". 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. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 4 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. ATTACHMENT 6 '3:3 SECTION 5 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 1ih day of January, 2009. 1 PASSED AND APPROVED: Second and Final Reading this the 26 h day of January, 2009. CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. 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New Braunfels City Council Aelenda Item Report - JANUARY 1.2, 2009 Agenda ~tam No. 40 Presenter- Shannon Mattingly, Planning Director (830) 221-4050 [email protected] SUBJECT: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT ON LOT 15, CITY BLOCK 3024, TO ALLOW A SINGLE-FAMILY RESIDENCE IN AN "R-2 SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT" TO BE USED FOR SHORT TERM RENTALS AT 4 HERRY COURT. APPLICANT/OWNER: Harvey Lynn Skidmore 1057 Memorial Circle New Braunfels TX 78130 BACKGROUND/RATIONALE: This request is for a Special Use Permit to allow short term rentals in an R-2 zoning district. The subject property is located at 4 Herry Court, a cul-de-sac of twelve residential lots. There is an existing SUP for short term rentals at 12 Herry Court, approved in 1996. A Special Use Permit may be granted to allow compatible and orderly development which may be suitable only under certain conditions. The request should be evaluated on the extent to which the proposed use: ~ is consistent with policies of the Comprehensive Plan; a is consistent with the purpose and intent of zoning district regulations; ~ meets all supplemental standards (see below); and a preserves the character and integrity of adjacent development and neighborhoods. Supplemental standards for short term rental SUPs are: a at least one off-street parking space, not including the garage, for each bedroom; and a only one advertising sign with a maximum area of 4 square feet. General Information: Size: Approximately 4950 sq ft (0.11 acres) Surrounding Zoning North- R-2 Single & Two-Family Residential I Residential and Land Use: South - R-2 Single & Two-Family Residential I Residential East- R-2 Single & Two-Family Residential I Residential West - R-2 Single & Two-Family Residential I Residential Comprehensive Plan/ Future Land Use Designation: Low Density Residential lmprovement(s): Single-family home. Existing utilities are adequate. NBU has no objection to the request. Notification: Public hearing notices were sent to 23 property owners located within 200 feet of the property. Three responses were received in favor of the request (#3, 9, 11) and three in opposition (#5, 18, 22). Page I of2 96 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: Pros: 2006 Comprehensive Plan Goal 1: Promote manageable growth to achieve a proper I balance of economic expansion and environmental quality Pros and Cons Based while maintaining the community's unique qualities. on Policies Plan Authorized short term rentals contribute to economic expansion through the collection of occupancy tax. Objective 1A: Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. No complaints have been made regarding the existing SUP on Herry Court, so it appears to be compatible with the neighborhood. Goal 2: Encourage the mixing of land uses to create a sense of community in the neighborhoods. The request would foster a mixing of land uses. Goal 7: Ensure zoning is compatible with historic properties. The City's Preservation Officer has determined the request will have no impact on potential historic designation or physical characteristics of the house. Cons: Goal 20: Protect character and boundaries of existing neighborhoods. The request creates a commercial use in a residential neighborhood. Objective 20G: Discourage incompatible land uses from abutting residential areas. Short term rentals have the potential to negatively impact a residential neighborhood. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommended approval of the request with the following conditions: 1. The property will be used in its current state with no building improvements or additions without an amendment to the Special Use Permit. 2. Parking is maintained for at least one space per bedroom. 3. Signage is limited to one sign with a maximum area of 4 square feet and must be attached to the exterior structure as defined in Chapter 106, Sign Ordinance. BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on November 11, 2008, and recommended denial of the zone change by a vote of 4-1-0. ATTACHMENTS: 1. Excerpt from Planning Commission Meeting of November 11, 2008 2. Zoning Map 3. Aerial Map 4. Notification Map 5. Photograph 6. Sees. 3.6 and 5.16 of Chapter 144, New Braunfels Code of Ordinances Z:\CCagenda\ZoneChgs&SUP\Skidmore 4 Herry Ct SUP.doc Page 2 of2 97 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF NOVEMBER 11, 2008 PUBLIC HEARINGS Hold a Public Hearing and make a recommendation to City Council regarding Case #PZ11/08-1, the proposed Special Use Permit on Lot 15, City Block 3024, located at 4 Herry Court, to allow a single family residence in a "R-2 Single and Two Family District" to be used for short term rentals. (Lynn Skidmore) Ms. Mullins said the property was located in a cul-de-sac of twelve residential lots. She added that there was an existing Special Use Permit, approved in 1996, for short term rentals at 12 Herry Court. She said 23 notices were sent to property owners within 200 ft. of the property; three responses were received in favor of the Special Use Permit (#3, 9 and 11) and three in opposition (#5, 18 and 22). She said staff recommended approval with the following conditions: 1) The property must be used in its current state with no building improvements or additions without an amendment to the Special Use Permit; 2) Parking is maintained for at least one space per bedroom; and 3) Signage is limited to one sign with a maximum area of 4 square feet. Chairman Ybarra asked if there was anyone in the audience who wished to speak in favor of the Special Use Permit. Elizabeth Foster, 1 Herry Court, spoke in favor, adding that the proposal might increase property values. Chairman Ybarra asked if there was anyone in the audience who wished to speak in opposition to the Special Use Permit. Chandler Gray, 186 E. Lincoln Street, said that the Commission set precedence every time a Special Use Permit for overnight rentals was approved. She still believed that the ordinance governing overnight rentals should be beefed up and should include health inspections and insurance. She added that the Commission should take into consideration the historic value of the street. She noted that there was a "For Sale" sign in front of the home. Chairman Ybarra asked the applicant or his agent to comment. Elizabeth Rodriguez, representative of the , owner, said Mr. Skidmore originally planned to restore the home and sell the property but later changed his mind when informed of the possibility of using the home for overnight rentals. She noted that the contract with the realtor expired in approximately two months and would not be renewed. Polly Barnes, 510 S. Academy, noted that the Special Use Permit conveyed with the property, not the property owner. She believed Special Use Permits should be granted only to property owners. Commissioner LaRochelle asked how many bedrooms were in the home. Ms. Rodriguez said it had two bedrooms, one bathroom and a basement. Motion by Commissioner Nolte, seconded by Commissioner LaRocheile, to close the public hearing. The motion carried unanimously. (5-0-0) Vice Chair Casteel moved to approve the Special Use Permit, subject to staff's recommendation. There being no second, the motion died. Vice Chair Casteel said believed in people's property rights and that there was a place for properly managed short term rental homes in the City, especially those with higher nightly rates. She noted that she had not heard a lot of opposition from the neighbors. Commissioner Nolte was concerned that the property was for sale. She believed the Special Use Permit would enable the owner to receive more money for the property. Motion by Commissioner Nolte, seconded by Commissioner LaRochelle, that Case #PZ11/08-1, the proposed Special Use Permit on Lot 15, City Block 3024, located at 4 Herry Court, to allow a single family residence in a "R-2 Single and Two Family District" to be used for short term rentals, be forwarded to City Council with a recommendation to deny. The motion carried, with Vice Chair Casteel voting "no". (4-1-0) ATTACIHlM!ENl ~ JZo~in9M-~p-r N ~------J 366 A 318 (igO· 375 770 30 420 'V 11 351 ov~ /V'\ 9 329 ~-?"11, 410 ~ 7 12 307 5 10 724 3 c} 8 ~ 70 'V ~ 756 826 254 c:} 771 )> Legend 0 4 Herry Court October 15. 2008 l'lANNINQ SUP for Short Term Rental (.0 (.0 ;:)> (') :r 3 CD ~ -w PZ11/08-1 !?" .1 City of October 15, 2008 ii.;;~ New Braunfels 4 Herry Court '-...,:::: ~ SUP for Short Term Rental I'LANNII':Co ~otificati~~Map j N . 70~ 420 351 ""G'v~ A ""~~-?"71, 410 9 329 ~ 7 @ 5 @ 3 G) ~ ~0 ~«:- 'It -<-«; o5'"71Jt.r. CY "1c~ G) ~"71, ~ @ 810 @ 293 772 842 4- ~ W' )> 4- ~~ if 1 0«,- 76 0 Legend @ :T 847 3 CD ~ Subject Property 771 :::3 ® 200' Notification Area -~ 810 0 25 50 100 Feet I I I I I I I I I r· "!J City of PZ11/08-1 !o;;jJ New Braunfels ...... _~ 4 Hi:my Court October 15, 2008 rt..ANNIN'G SUP for Short Term Rental 101 PLANNING COMMISSION L NOVEMBER 11, 2008 - 6:00PM New Braunfels Municipal Building, Council Chambers Applicant: Lynn Skidmore Address/Legal Description: Lot 15, City Block 3024, located at 4 Herry Court Owners: Lynn Skidmore REQUEST FOR SPECIAL USE PERMIT- CASE #PZ11/08-1 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. Foster, Randy and Elizabeth 13. Weaver, Marilyn M. 2. Caballero, Josefina 14. Ballard, William 3. Mueller, Emil and Marjorie 15. Meredith, Howard (Est. of) 4. Rabie, Brad A. 16. Allen, Vivian T. 5. Welsch, Hanno and Cora 17. Hoffman, Elizabeth Ann 6. Bedford, Donald B. Sr. 18. Rincon, Carmen Yolanda 7. Dupont, Stephen and Jacquelyn 19. Braune, Darrell and Karla 8. Martinez, Roy and Elizabeth 20. Brodtmann, Richard and Lynda 9. Norman, Shawn S. 21. Ruben, Raymond and Shirley 10. Berger, David C. 22. Beall, James and Irene 11. Banks, Kathryn Marie 23. Wesolick, James A. 12. Wyrick, Linda C. SEE MAP ON REVERSE ATTACHMENT 4 102 ATTACHMENT 5 CITY OF NEW BRAUNFELS -ZONING ORDINANCE 3.3-2. "R-2" single-family and two family district. The following regulations shall apply in aii"R-2" districts: (a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows: ( 1) Uses permitted by right: Residential uses: Accessory dwelling (one accessory dwelling per lot, no kitchen) Accessory building/structure Community home (see definition) Duplex/two-family/duplex condominium Family home adult care Family home child care Home occupation (see Sec. 5.4) One family dwelling, detached Single family industrialized home (see Sec. 5.7) Non-residential uses: Barns and farm equipment storage (related to agricultural uses) Cemetery and/or mausoleum Church/place of religious assembly Community building (associated with residential uses) Contractor's temporary on-site construction office (only with permit from Building Official; see Sec. 5.9) Country club (private) Day camp Farms, general (crops) (see Chapter 6, Municipal Code and Sec. 5.8) Farms, general (livestock/ranch) (see Chapter 6, Municipal Code and Sec. 5.8) Golf course, public and private Governmental building or use (state/federally owned and operated) Municipal use owned or operated by the City of New Braunfels, including libraries. Park and/or playground (private) Park and/or playground (public) Plant nursery (growing for commercial purposes but no retail sales on site Public recreation/services building for public park/playground areas Recreation buildings (public) School, K-12 (public or private) Truck garden (no retail or wholesale sales) University or college (public or private) Water storage (surface, underground or overhead), water wells and pumping stations that are part of a public or municipal system (2) Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection (1 ), the uses listed in this subsection shall be deemed those authorized in the district. (b) Maximum height, minimum area and setback requirements: (1) One family dwellings. (i) Height. 35 feet. ATTACHMENT 6 104 5. 16. Short term rental or occupancy in one and two unit dwellings. (a) Occupancy of a one or two unit dwelling for less than 30 consecutive days in any zoning district except C-4, C-4A, C-48, C-2, and C-2A is not permitted except by special use permit and is subject to the following requirements: (1) Parking. There shall be at least one off-street parking space, not including the garage, for each bedroom in the dwelling. (2) Signs. A maximum 4 square foot advertising sign is permitted on the property to be used for short term occupancy. (b) Occupancy of a unit of a one or two unit dwelling by more than five persons not a family and not related by blood, marriage, or guardianship is not permitted in the R-1, R-2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R- 1A-6.6, R-3L, R-3H, MU-A, or MU-8 zoning districts. (c) A building constructed as a one or two unit dwelling may not be used as a lodging or boarding house with occupancy by one or more persons for less than 30 days in the R-1, R-2, R-3, C-1, C-3, M-1. R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8. (d) Registration. Owners of property or their agents shall register and receive a certification of legal non-conforming rights ("Certificate") to continue to use a one or two family dwelling which is not in conformance with Section 5.16(a), above. (1) Registration and requests for the certificate shall be made to the Planning Director on forms provided by his office. (2) The Planning Director shall issue a certificate if he finds, after consultation with the City Attorney, the property was legally conforming to the zoning ordinance at the time the short-term rental or multiple household occupancy began. (3) The burden of proof of legal non-conforming rights is on the applicant/registrant. (4) Appeal of a denial of the certification may be made to the Zoning Board of Adjustment in accordance with the appeal process in this Chapter. 105 ORDINANCE NO. 2009- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A SINGLE-FAMILY RESIDENCE TO BE USED FOR SHORT TERM RENTALS IN AN "R-2 SINGLE AND TWO-FAMILY DISTRICT" LOCATED AT 4 HERRY COURT. WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of a Special Use Permit, the City Council has given due consideration to all components of said permit; and WHEREAS, the City also recognizes that granting such a permit is possible while promoting the health, safety, and general welfare of the public, by providing harmony between existing zoning districts and land uses; and WHEREAS, it is the intent of the City to ensure for the health, safety and general welfare of the public by providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district through the implementation of a site plan delineating those requirements cited in Sections 3.6-2 and 3.6-3, Chapter 144, of the New Braunfels Code of Ordinances; and WHEREAS, the City Council desires to grant a "Special Use Permit" for Lot 15, City Block 3024, located at 4 Herry Court, to allow a single-family residence to be used for short term rentals in an "R-2 Single and Two Family District"; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 THAT Sections 3.6-2 and 3.6-3, Chapter 144 of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are revised by adding the following described tract of land as a "Special Use Permit" for the uses and conditions herein described: "Being Lot 15, City Block 3024, located at 4 Herry Court, to allow a single-family residence to be used for short term rentals in an "R-2 Single and Two Family District." SECTION 2 THAT the following conditions are herewith adopted as part of the Special Use Permit. 1. The property will be used in its current state with no building improvements or additions without an amendment to the Special Use Permit; 2. Parking is maintained for at least one space per bedroom; and 3. Signage is limited to one sign with a maximum area of 4 square feet. SECTION 3 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. 106 SECTION 4 THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 6 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. SECTION 7 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 1ih day of January, 2009. 1 PASSED AND APPROVED: Second Reading this the 26 h day of January, 2009. CITY OF NEW BRAUNFELS R.BRUCEBOYER,Ma~r ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Z:\Ordinances\Special Use Permits\Skidmore 4 Herry.ord.doc 2 107 tJ N~~ Braunfels City Council Agenda item Report "" 4 ~- JANUARY 12, 2009 Agenda Item No. l-/ D Presenter/Contact- Shannon Mattingly, Planning Director (830) 221-4055 - [email protected] SUBJECT: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A CHILD DAY CARE I NURSERY I DAY CAMP IN AN "APD AGRICULTURAL/PRE DEVELOPMENT DISTRICT", LOCATED AT THE NORTHEAST CORNER OF S. WALNUT AVE. AND FRANCES ST. APPLICANT/OWNERS: APPLICANT: CF Equity 3295 Espada New Braunfels TX 78132 OWNER: County Line Partnership #1 & S & D Development LLC P.O. Box 311240 New Braunfels, TX 78131-1240 BACKGROUND/RATIONALE: This request is for a Special Use Permit to allow the property to be used as a child day care, nursery and day camp. The property was annexed in 1998 and given a zoning classification of APD. The 2 acre tract is part of a larger 7.508 acre tract. The first 300' of the 7.508 acre tract off of County Line Road is zoned C-1 and the remaining 5.508 acres is APD. If the Special Use Permit is approved, there will be a remainder of 3.5 acres of APD between the Special Use Permit tract and the existing C-1 tract adjacent to County Line Road. Notifications were sent out to the 32 property owners within the notification area, 30 property owners responded in objection and 2 responded in favor. There is more than 20% opposition, therefore, a minimum of% of Council members present at the reading of the ordinance must vote in favor for the SUP in order for it to pass. Additional objections were received from outside the 200' notification area. A zone change to C-1A was requested on the property, and additional acreage, in 2000. The case was postponed twice and finally withdrawn. At the time, staff felt that the zone change was premature since the Walnut Avenue extension was several years away, there was no master plan or proposed uses for the subject property, and the surrounding commercial property was being developed with single family residential lots. There have been concerns from some of the residents within the vicinity that the proposed change is inconsistent with the Future Land Use Map, which shows the property as low-density residential. It is not uncommon to approve land uses inconsistent with the Future Land Use Map. The Future Land Use Map is simply a guide to assist the City in making decisions regarding future growth and does not affix a permanent land use to properties. There have been six zoning approvals in 2008 that have not been in conformance with the Future Land Use Plan. The Future Land Use Plan will be amended to be consistent with the zoning if this request is approved. General Information: Case No.: PZ09/08-1 Size: 2.0 acres Page I of4 108 Surrounding Zoning North - "APD Agricultural/Pre Development District"/ Vacant and Land Use: South- "R-1A-6.6 Single Family District/ Single Family Residential East- "R-1A-6.6 Single Family District/ Single Family Residential West - "R-1A-6.6 Single Family District/ Single Family Residential Comprehensive Plan/ Future Land Use Designation: Low Density Residential Notification: Public hearing notices were sent to 32 property owners located within 200 feet of the property. Thirty (30) responses have been received in objection and 2 responses have been received in favor. Number 33 was notified in error. The property is not located within the 200' notification area. A notification response map is attached as "Attachment 5". ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: Pros: 2006 Comprehensive Plan Goai1A Evaluate proposed zone changes to maintain land use compatibility, as well as the Pros and Cons Based integration of mixed land uses as a component of on Policies Plan achieving better places to live. Subject property is immediately adjacent to Walnut, a major arterial and is near the intersection of County Line Road. The property is also adjacent to residential neighborhoods and near several schools. The proposed use would be considered a neighborhood commercial zoning and would be a logical buffer to the existing neighborhood and would provide a necessary service consistent with a neighborhood use. The proposed use could benefit the area due to its location. Goal 1C Consider rezoning, as necessary, to ensure existing and future land use compatibility. The proposed use is compatible with the surrounding non residential uses along County Line Road and Walnut and could service the adjacent residential neighborhOods. Cons: The proposed use does not comply with the 2006 Future Land Use Plan. Goai1J Major traffic generators, including secondary schools, should be planned and designed to avoid access through residential neighborhoods. The proposed development has two driveway approaches off of Frances Street, which is part of a residential neighborhood. Due to the design of the Walnut Avenue Extension, access is limited and much of the traffic will be utilizing Frances Street for access, including access to the remaining 5.508 acres. FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: Page 2 of4 10'3 The Planning Commission held a public hearing on December 2, 2008, and recommended approval of the Special Use Permit, with the allowance of adjustments to the site plan that do not increase the ratios of building area to green space, to allow leeway for access to Walnut Avenue at the City Engineer's discretion and latitude in the reduction of the size of the pool and with the requirement that additional trees be planted in the residential buffer area. The motion carried (7-0-1 ). One member abstained from voting due to a potential conflict. STAFF RECOMMENDATION: Staff recommends approval with the condition that the Special Use Permit is limited to the site plan as submitted, with the exception that minor adjustments are to be allowed to satisfy any of the City Engineer's concerns or requirements regarding detention and the proposed parking lot. ATTACHMENTS: 1. Excerpt from Planning Commission Minutes of December 2, 2008 2. Notification Map 3. Existing Land Use and Zoning Map 4. Aerial Map 5. Notification Response Map 6. Section 3.6, Chapter 144, New Braunfels Code of Ordinances 7. Ordinance 8. Zoning changes not in conformance with Land Use Plan Page 3 of4 110 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF DECEMBER 2, 2008 PUBLIC HEARINGS POSTPONED FROM NOVEMBER 11, 2008: Hold a Public Hearing and make a recommendation to City Council regarding Case #PZ11/08-5, the proposed Special Use Permit at the northeast corner of S. Walnut Avenue and Frances St. to allow a child day care/nursery/day camp in an "APD Agricultural/Pre-Development District". (CF Equity/County Line Road Partnership No. 1) Chairman Ybarra recused himself and left the room. Vice Chair Casteel chaired the discussion. Mr. Greene stated the two-acre property was annexed into the City in 1998 and was part of a larger 7.508 acre tract fronting on County Line Road. He said 32 notices were sent to property owners within 200 ft. of the subject property; two responses were received in favor of the Special Use Permit (#1 0 and 28) and the remaining 30 property owners responded in objection. He noted that because more than 20% of the notified property owners objected to the Special Use Permit, a minimum %of Council members present at the reading were required to vote in favor in order for it to pass. He said staff recommended approval with the condition that the Special Use Permit be limited to the site plan as submitted, with the exception that minor adjustments be allowed to satisfy any of the City Engineer's concerns or requirements regarding detention and the proposed parking lot. Vice Chair Casteel asked the applicants or their representatives to address the Commission. Steve Lange, 2646 Beaver Lane, said he was one of the land owners. He distributed to Commission members copies of the Declaration of Covenants, Conditions and Restrictions for Units 1, 2 and 4 of Bentwood Subdivision. He read the following excerpt from the first page of the document for Unit 1: "Notice: Builders and individuals are hereby put on notice that the owners of NB Bentwood Property, Ltd., own adjacent and contiguous property which they intend to plat in the future as commercial property. By acceptance of a Deed to a lot in Bentwood Subdivision, Unit 1, such builders and individuals agree not to oppose rezone of adjacent property, and the use thereof, to commercial property". He noted that the Covenants for Units 2 and 4 contained the same phrase. He said the proposed day care would have easy access to Walnut Avenue and should appeal to the residents of the area. Thor Thornhill, 1623 Hanz Dr., said the day care made perfect sense for the area. He said Walnut Avenue was an 80 ft. arterial which was designed for commercial use. He noted that some of the respondents opposed to the day care did not seem to understand the request. He added that the Master Plan filed with the City eight or nine years previously showed the subject property as commercial and prospective lot owners had the responsibility of reading the deed restrictions before purchasing property. Paul Friske, 3295 Espada, said he came up with the idea of owning a day care after moving to New Braunfels from Austin and realizing that the City lacked child care facilities. He believed that the proposed site was attractive from a business perspective because it was surrounded by residential homes, close to three schools, and situated on a major road. He said he wanted a low impact facility, thus he directed his architect to break up the facility into separate buildings. He explained that the day camp was designed for three to five year old children who would take swimming lessons and participate in sport camps. He said the facility would not be open at night. Commissioner Nolte asked how many children were expected to enroll. Mr. Friske said the facility would accommodate approximately 150 children. Commissioners expressed their concerns with noise, buffering, landscaping and traffic. Vice Chair Casteel asked if there was anyone in the audience who wished to speak in favor of the Special Use Permit. Denise Tunnell, 1684 Greystone, said she owned "Through a Child's Eyes" day care and the subject property would be the site of the facility's second location in New Braunfels. She provided details about her business, ATTACHMENT 1 111 including hours of operation, drop off and pick up times, etc. She said most day cares in town had waiting lists, with a special need for infants. She noted that the industry was heavily regulated, both on the State as well as the local level. Amanda Walch, 950 Misty Acres, said her child was enrolled at "Through a Child's Eyes" day care and praised the owner and the facility. Cory Hollander, 2377 Medina Drive, said her child loved the teachers at "Through a Child's Eyes" day care and said the second location would benefit the community. Brad Brown, 1893 W. Bridge, informed the Commission that his wife worked at "Through a Child's Eyes" day care. He said it was a good company and his wife was well compensated. Nina Espita, 317 Hummingbird Dr., described her problems trying to find a child care facility in town and said an additional facility would be welcome. Vice Chair Casteel Ybarra asked if there was anyone in the audience who wished to speak in opposition to the Special Use Permit. Katherine Bowers, 2039 Dripping Springs, said she was also a working mother. She noted that 94% of landowners within 200ft. of the subject property were opposed to the request, as were many property owners in the surrounding subdivisions. She believed the property should be developed according to the City's Land Use Plan which currently showed it to be low density residential. She said that if the Special Use Permit was approved, it guaranteed a strip of commercially zoned property from County Line Road to Frances Street. She said the day care would increase the noise level and the lights could become bothersome. She said the day care could be built on either corner of Walnut and County Line since both were already commercially zoned. She then urged the Commissioners to vote "no" to the request. Donna Gibson, 2035 Dripping Springs, said approval of the Special Use Permit would condemn that portion of Walnut Avenue to a commercial district. Cindy Manley, 2073 Bentwood Drive, said she was not concerned about the day care itself; however, she was concerned about the additional traffic, noise and lighting. Stacey Friesenhahn, 2042 Bentwood Drive, said she had been assured before buying her property that the area behind her house would remain agricultural. She stated she had chosen to live in that area because it was removed from any commercial businesses. Paul Sebring, 207 4 Bentwood Drive, commented that the day care would be right in his backyard and he had many concerns, one of which was runoff. He said that the salesman from S&D Homes promised him that the property behind his home would stay residential. He added that he had also seen a plan showing the property being developed with a central road with duplexes on either side. Harry Bowers, 2039 Dripping Springs, challenged the way the City staff had calculated the percentage in opposition. He then described previous attempts by the applicant to rezone the property to commercial. He said that from 1999 to 2006, the neighborhoods had been built out according to the City's Comprehensive Plan. He thought the corner of Walnut and County Line would be a great spot for a day care. He asked the Commissioners to note that 30 out of 32 property owners were opposed to the Special Use Permit. Wayne Rudolph, 1216 Shenandoah Drive, noted that the Land Use Plan, completed by professional planners and City residents two years previously, showed the subject property as low density residential. He said citizens expected that changes to the plan to be made only for compelling reasons. He further noted that there were five day care centers within a half-mile of the subject property. He stated that the property owner failed to rezone the entire tract on two previous occasions and was now attempting piecemeal zoning. Mr. Rudolph was troubled that Planning Department staff did not give reasons for their recommendation. He said he met with the City Engineer on four occasions who assured him that there would not be a median cut on Walnut, nor would the facility take access to Walnut Avenue but he felt residents had been blindsided by a site plan exhibited by the applicant that showed a driveway on Walnut Avenue. 112 Motion by Commissioner Heimer, seconded by Commissioner Nolte, to close the public hearing. The motion carried unanimously. (8-0-0) Commissioner Heimer thought the facility would be an amenity to the neighborhood. He noted that the application for a Special Use Permit was advantageous to the neighborhood because it allowed adjacent residents to know exactly what would be constructed. Commissioner LaRochelle asked if the Commission could place conditions upon approval, such as for additional landscaping and trees, lighting restrictions and perhaps making Walnut and Frances a four-way stop. Ms. Mattingly said that the Commission could add conditions because a specific site plan was being approved and adopted. Commissioner Massouh also thought the day care facility was good for the neighborhood but expressed concerns with ingress and egress. He suggested allowing a curb cut on Walnut Avenue. Motion by Commissioner Heimer, seconded by Commissioner LaRochelle, that Case #PZ11/08-5, the proposed Special Use Permit at the northeast corner of S. Walnut Avenue and Frances St. to allow a child day care/nursery/day camp in an "APD Agricultural/Pre-Development District", be forwarded to City Council with a recommendation to approve, subject to the following conditions: 1) the facility will be constructed as shown on the site plan submitted with the Special Use Permit application; 2) retention of the building footprint to green space ratio; 3) access to Walnut Avenue will be at the discretion of the City Engineer; and 4) latitude allowing for the reduction of pool size. The motion carried, with Chairman Ybarra abstaining. (7-0-1) 2067 // 2073 2030 1220 ~ 200' Notification Area c=J Parcels w.E s ~ . Cityof Case #PZ11/08~5 ~J,. New Braunfels 2.0 Acres at S. Walnut Ave. & Frances St. ' ~~ PLANNING APD to SUP Map Created 10/25/08 114 PLANN~NG COMMISSION - DECEMBER 2, 2008 -6:00PM New Braunfels Municipal Building, Council Chambers Applicant: CF Equity, Ltd. Location: 2.0 acres at the corner of S. Walnut Ave. and Frances St. Owners: County Line Partnership #1 and S & D Development LLC REQUEST FOR ZONE CHANGE - CASE #PZ11/08-5 The circled numbers on the map correspond to the property owners listed below. All information is fromn~:r Coma! Appraisal District Records. "Z" indicates common ownership of properties. The propertY u consideration is marked as "SUBJECT". 1. Gibson, Larry and Donna 18. Pinson, Craig and Dee Ann 2. Bowers, Harry and Katherine 19. Shepherd, Larry and Audrey 3. Rodrigues, Marty and Maria 20. King, Amanda and Doyle, Rennhatrdt 4. Pierce, James and Patricia 21. Smith, Virginia K Rev. Tmst 5. Rudolph, Wayne and Claudine 22. Simon, Callie 6. Hernandez, Mary Ann 23. Garrett, Lori 7. Villegas, Joel Maria 24. Manley, Cindy 8. Bowles, Pete and Hoelscher, Amy 25. Harris, Roberta and Dona~dl Sei~er 9. Packard, George and Denise 26. Gomez, Benjamin and Glorua 10. County Line Part. #1 and S & D Dev. LLC 27. Flotex Developers, LLC 11. Eastwood, David 28. NB Bentwood Property LTD 12. Sullivan, Barbara 29. Be Homes LLC 13. Morales, Andrew 30. Nixon, Annette 14. Caballero, Marsha 31. Banham, Nancy 15. Balser, Betty and Robert 32. Greer, Kathleen 16. Velasquez, Andrea 33. Seals, Brenda 17. Sebring, Paul and Melinda SEE MAP ON REVERSE )> -=1 -1 )> (') :t i: m N z -1 W~E w ~ Case #PZ11/08-5 ~~New...... _ Braunfels 2.0 Acres at S. Walnut Ave. & Frances St. APD to SUP Map Created 10/30/08 PLANNING -t> -4 )> 0 J: s: m .....z .liloo Case #PZ11/08-5 2.0 Acres at S. Walnut Ave. & Frances St. ·~SUP 0 "'tJG APD Map Created 10' 11/08 U) 1-z w :E ~ 0 <( I I <( N . Cityof Case #PZ11/08-5 ~J-~·· New Br~unfels W~E 2.0 Acres at S. w· . ,ut Ave. & Frances St. """ ~ - AL .__~lin 118 3.6 Special Use Permits. 3.6-1 Compatible and orderly development. A special use permit may be granted to allow compatible and orderly development which may be suitable only in certain locations and zoning districts if developed in a specific way or only for a limited period of time. 3.6-2. Application processing. Application for a Special Use Permit shall be processed in accordance with Section 2.1 of this Chapter and shall include the pertinent information as determined by the type of Special Use Permit and additional information as determined by the Planning Director, the Planning Commission or the City Council. Types of Special Use Permit: Type 1. Regulates land use only; does not require specific site plan or schedule. Construction within a Type 1 Special Use Permit will comply with all of the standard construction requirements for the approved use at the time of construction permit, including drainage plans, TIA, driveway location, and landscaping. Type 2. Requires a site plan drawn to scale and shall show the arrangement of the project in detail, including parking facilities, locations of buildings, uses to be permitted, landscaping, and means of egress and ingress. 3.6-3. Standards. When considering applications for a special use permit, the Planning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan, if a Type 2, and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning Commission and the City Council shall specifically consider the extent to which: (a) Comprehensive plan consistency. The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan; (b) Zoning district consistency. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; (c) Supplemental Standards. The proposed use meets all supplemental standards specifically applicable to the use as set forth in this Chapter; (d) Character and integrity. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances. A Type 2 Special Use Permit may include improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to: (1) Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire; (2) Off-street parking and loading areas; (3) Refuse and service areas; (4) Utilities with reference to location, availability, and compatibility; (5) Screening and buffering, features to minimize visual impacts, and/or set backs from adjacent uses; ATTACHMENT 6 11'3 (6) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect. and compatibility and harmony with properties in the district; (7) Required yards and open space; (8) Height and bulk of structures; (9) Hours of operation; ( 10) Paving of streets, alleys, and sidewalks, (11) Provisions for drainage, (12) Exterior construction material and building design; and (13) Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. (e) Public health, safety, convenience and welfare. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity. 3.6-4 Procedures for special use permit (SUP). Granting of an SUP is considered zoning and as such, all the procedures for changing a zoning district apply to an application for an SUP. After a public hearing and upon the recommendation of the Planning Commission, the City Council may approve, deny or modify the site plan and issue a special use permit containing such requirements and safeguards as necessary to protect adjoining property, including conditions addressing the standards in Section 3.6-3(d). 3.6-5. Revocation. The SUP for a Type 1 permit may be considered for revocation if a use other than the use approved in the SUP or in the underlying zoning district is developed or other stated requirements are not met. The SUP for a Type 2 permit may be considered for revocation for the following reasons: (a) Construction is not begun within five years of the date of approval of the permit. (b) Progress toward completion is not being made. Progress toward completion includes the following: (1) An application for a final plat is submitted; (2) A good faith effort is made to file with a regulatory agency an application for a permit necessary to begin or continue completion of the project; (3) Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of 5% of the most recent appraised market value of the real property on which the project is located; (4) Security is posted with the city to ensure performance of an obligation required by the city; or (5) Utility connection fees or impact fees for the project have been paid to the City or New Braunfels Utilities. 120 (c) Abandonment of the project. Abandonment includes development of the property in a way other than provided for by the SUP. (d) Failure to satisfy the conditions of the SUP or follow the site plan made part of the SUP. (e) Code violations. Revocation may be considered if there are three or more code violations in a 720 day period. (1) Notice to property owner. If the Planning Director finds no less than three violations of any code of ordinances on the property within a 360 day period, he shall advise the applicant of a revocation hearing. The Planning Director shall notify the property owner in writing of the violations and that an administrative hearing will be held concerning the violations. Such notice shall be given at least 10 days prior to the hearing. The Planning Director shall take evidence and conduct an administrative hearing to determine if a revocation procedure should be initiated. Such a determination is not subject to appeal to the Zoning Board of Adjustment. (2) If the Planning Director finds that there is credible evidence that the code of ordinances has been violated, or there have been convictions or guilty pleas in any court of competent jurisdiction, on at least three separate occasions within a 720 day period, and after the administrative hearing, he shall initiate a SUP revocation process. (3) Appeal to Municipal Court. Any code violation may be appealed to, or considered by, the Municipal Court Judge. The parties at interest in this appeal may cross examine witnesses. (f) Revocation process. The revocation process shall be the same as for a zoning district change, with notice to property owners within 200 feet, public hearing and recommendation by the Planning Commission, and public hearing and ordinance consideration by the City Council. (g) The City Council may deny the SUP revocation, approve the revocation, deny the revocation and add additional restrictions to the SUP. suspend the SUP for a period the Council determines, or amend the SUP with probationary requirements and terms the Council determines. (h) Upon revocation of a special use permit the property subject to the special use permit may be used for any permitted use within the applicable base zoning district. 3.6-6. Compliance with conditions. Conditions which may have been imposed by the City Council in granting such permit shall be complied with by the grantee before a Certificate of Occupancy may be issued by the Building Official for the use of the building on such property. 3.6-7. Telecommunication towers and/or antennas. See Sec. 5.6 3.6-8. Deviation from Code. The City Council may approve a special use permit with deviations to any provision of the Code of Ordinances. Such deviations shall be listed or shown in or as part of the Ordinance approving the special use permit. 121 ORDINANCE NO. 2009- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A CHILD DAY CARE I NURSERY I DAY CAMP IN AN "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT", LOCATED AT THE NORTHEAST CORNER OF SOUTH WALNUT AVENUE AND FRANCES STREET WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of a Special Use Permit. the City Council has given due consideration to all components of said permit; and WHEREAS, the City Council also recognizes that granting such a permit is possible while promoting the health, safety, and general welfare of the public, by providing harmony between existing zoning districts and land uses; and WHEREAS, it is the intent of the City Council to ensure for the health, safety and general welfare of the public by providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district; and WHEREAS, the City Council desires to amend the Zoning Map by granting a "Special Use Permit" to a 2-acre tract, located at the northeast corner of South Walnut Avenue and Frances Street, to allow a child day care I nursery I day camp in an "APD Agricultural/Pre-Development District"; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 THAT Sections 1.2-1 and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are revised by amending the following described and delineated tract of land shown as exhibit "A", to a "Special Use Permit" for the uses and conditions herein described: "2 acres located at the northeast corner of South Walnut Avenue and Frances Street, as described and delineated in Exhibit "A". SECTION 2 THAT the "Special Use Permit" shall be for the use of the property as a childday care I nursery I day camp, as represented on the site plan as Exhibit "B", with the allowance of adjustments to the site plan that do not increase the ratios of building area to green space, to allow leeway for access to Walnut Avenue at the City Engineer's discretion, to allow latitude in the reduction of the size of the pool and to require additional trees to be planted in the residential buffer area. ATTACHMENT 7 122 SECTIOi\l3 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 4 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION 5 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 6 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 1ih day of January, 2009. PASSED AND APPROVED: Second and Final Reading this the 26th day of January, 2009. CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALLAN WAYLAND, City Attorney U:\Pianning\Ordinances\Special Use Permits\CF Equity SUP.doc 2 APDTOSUP FIELD NOTES FOR A 2.00 ACRE TRACT Being a 2.00 acre tract of land situated in the William H. Pate Survey No. 22, Abstract No. 259, Guadalupe County, Texas, being out of that certain 7.508 acre tract, Tract "B", recorded in Volume 1475, Page 389 of the Official Public Records of Guadalupe County, Texas, and being more particularly described as follows: BEGINNING: At a W' iron pin found on the Northwesterly right-of-way line of Frances Street, said point being the South corner of Lot 16, Bentwood, Unit One, recorded in Volume 6, Page 264 of the Map and Plat Records of Guadalupe County, Texas, for the East corner of the above referenced 7.508 acre tract, for the East corner and Point of Beginning of this tract; THENCE: Along the Northwesterly right-of-way line of Frances Street, S 62° 14' 58" W 270.92 feet to a point for the beginning of a curve to the right; THENCE: With said curve to the right, having a radius of 10.00 feet and an arc length of 8.78 feet to a point for the beginning of another curve to the right, for the South corner of this tract; THENCE: With said curve to the right, having a radius of 10.00 feet and an arc length of 7.20 feet to a point and N 26° 31' 46" W 311.95 feet to the West corner of this tract; THENCE: N 63° 38' 00" E 279.68 feet to a W' iron pin set on the Southwest line of said Bentwood, Unit One, for the North corner of this tract; THENCE: Along the Southwest line of said Bentwood, Unit One, the Northeast line of the above referenced 7.508 acre tract, S 26° 20' 06" E 308.83 feet to the Point of Beginning and containing 2.00 acres of land, more or less. Job #08-676 EXHIBIT "A" 124 (sevl•ssr) "3"1'7 •JUSWdoioBsa a "' s - ~~ s/1 (~9S/9~rt) ·•v sos·1.· I• -~1>WOII I ·on 01'1"'""'1""d' atWT llruno:J :F..00,81:.89 N I ~ · I i ~ I JH 35 :- l! :. !1: § !t ~ ~ a S . . CRAIG HOLLMIG, INC. ENGi*EERS ~ SURVEYORS 410 W. SEGUIN STREET NEW BIUUNFELS, TEXAS 78130 (880} 826-8555 Copyugr•t. All fiQht::. rwtllvbO. rtus uuc..:u•••tu 1t may not be fEiprouucaa w•ttrout whnt~u Wll::.~:~nt lrorn StTE, LLC. ltllS CIOCUfllbllt l:i not IOttiliCUIO tur Al:,g~.o~IOIOiy Hev.vw, Pernumng OJ Consuu~.o1lOfl diiiJ 1::.1u1 re1r11;1W wu~. rtte dOCUOitlflt W~ C!t=alli!CI UflUI;I( 111tl ClUUIUIILy ol 0. Oaf~til CiiSUUo, PJA (lt:W: lll5/) IOanaglllQpnFICIJ.)Gio! SlfE, LLC. JuJU:oOIC:.:llUIII::. neiCS by thtl rttx.::~::~ Buwc 1:11 Arcrutt:ehJii:ll Exlr~a~n~s. NOR'fiH 1 ffi...... · SCALE: 1"~40' I ~ 11/l... fil\1~~ :· :, . DRAWN BY: aim s:'0!: 91 '( Kllttnlbt AV(:fiUtl Nt:1w Brcwnlttb, TX 7H130 T l C. F G'l-v'"a ·-f 1 Ia k & [hllYCiillll'il CiHll'hu N~w Braunt~\a,. lsY-=.~ (;c;lobe•· 3. ?Ol)t} ~ // ~ r·, /.i' -lSl ~ ~ ~ frff'Cc.>Sil...d. Zei\11.1-~} "'-df 1 ~ ' \ C.o·,,.(;:,c IM.""""'e. w ~~\,.. (Cffll.p. (""f~~t.{e. ' \ U..V\.J... 0Sc. ~l~l'l. \ ZONING and SPECIAL USE PERMITS - 2008 PROPOSED MONTH NO. DESCRIPTION CURRENT ZONING ZONING STATUS ' \~: .. January 3 John Olthuis - 4.003 acres on Howard & Walnut R-3 and C-1 MU-A withdrawn Magnolia Springs -145.641 acres on IH 35 S APD POD denied Leslie Tatum - 1.27 acres on FM 306 R-1 C-18 approved February 2 Greg Williams- Hist. Des. lkels House Historic approved Michael Vernor - Gruene Rd & Common C-18 R-31 withdrawn ."!:>; March 4 Newcombe C-48 R-1A-6.6 approved Mary Ann Kapidian R-3 C-18 hold Kevin McWatters M-1 SUP approved Ted Omohundro R-1A-6.6 R-31wSUP withdrawn ··April 2 John Olthuis R-3 SUP approve-a-·· N81SD (Klein Road) APD approved May 2 N81 Enterprises - 4.68 acres M-1Ar61, R-2 C-3 C-18 approved Pam Ma_gee R-31/SUP SUP approved June 0 ...... r-....:1 July 5 River Rock Resorts- 1337 River Terrace Dr. R-2 w/ SUP C-4Aw/ SUP withdrawn 0) Bertram Jentsch - 156 E. Common R-2 w/ SUP C-18 Approved Dye Development- SH 46 R-2 w/ SUP C-18 approved Brauntex Theater- Hist. Desig. 290 W. San Antonio Historic approved Jesse Brewer- Hist. Desigation 475 S. Academy Historic approved August 5 Larry Peel - 25.011 acres @ Est. at Stone Crossing R-1A-6.6 R-3l approved -- Carol Landry/Emily Fink Est- 1227, 1239, 1241 Ervenberg R-2 C-4A withdrawn River Rock Resorts - 1337 River Terrace Dr. R-2 w/ SUP C-4Aw/ SUP approved River Rock Resorts- 1337 River Terrace Dr. SUP amended SUP approved Dye Development -17.33 ac on SH 46 R-2 SUP approved ·' September 2 Gruene Commons Management- 31.85 ac on Gruene ZH-A; C-1 Br62 & 73 ZH-A, TH-A, C-1 8 approved Chris Williams for Wayne Allen- 1554 Gruene Rd. R-2 R-3l approved October 1 Carol landry R-2 MU-A approved J> =I .. November 5 lynn Skidmore - 4 Herry Ct. R-2 SUP lynn Skidmore - 532 S. Academy SND-1 SUP withdrawn Ci~ of NB - 135 Conrads Rd. APD M-1A :I:~ s;: Elizabeth Rodriguez- 491 W. Nacogdoches SND-1 SUP withdrawn m CF Equity/County Line Rd Ptshp- Walnut & Frances APD SUP 2 =I eo \ I \ ZONING and SPECIAL USE PERMITS - 2008 PROPOSED MONTH NO. DESCRIPTION CURRENT ZONING ZONING STATUS December 3 Mr. A. Ice - 970 Loop 337 R-1 SUP Continental Homes -Amended De_ptail Plan Avery Pk POD POD Paul Williams - 1289 Old FM 306 R-2 SUP withdrawn TOTAL 34 ------L__ __ ~------'------ I-" [',) -.) 128 129 (J N~~ Braunfels City Council Agenda Item Report '"on z:::;:::::---- ' - January 12, 2009 Agenda Item No. 5 {A- D) Presenter/Contact - Alan C. Wayland SUBJECT: EXECUTIVE SESSIONS (A) 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. • New Braunfels IH-35 Retail Associates, L.P. v. City of New Braunfels, Texas and A-L Creekside Town Center, L.P. (B) EXECUTIVE SESSION TO DELIBERATE ISSUES REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE. (C) 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. (D) DISCUSS AND DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE IN ACCORDANCE WITH SECTION 551.074, 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. BACKGROUND/RATIONALE: N/A ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: v N/A FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A 1:30 1:31 City Council Agenda Item Report January 12, 2009 Agenda Item No. 6 Presenter/Contact - Mayor Bruce Boyer SUBJECT: REPORTS A) City Council • Mayor Pro-tem Gale Pospisil - Announcement regarding Citizens Forum for District 3 BACKGROUND/RATIONALE: N/A ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I\ N/A I FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A 0