SPECIAL CITY COUNCIL MEETING ( NEW BRAUNFELS MUNICIPAL BUILDING- CONFERENCE ROOM B 424 S. CASTELL AVENUE FEBRUARY 26. 2007 @ 5:30 P.M.

The City of New Bnuuifel~ will add value to our community by planningfor thefutw·e, providing quality services, encouraging conununity involvernent fmd being responsive to tflose we serve.

AGENDA

CALL TO ORDER: FEBRUARY 26, 2007 @ 5:30 P.M.

CALL OF ROLL

(1) EXECUTIVE SESSION

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) DISCUSS THE CITY ATTORNEY POSITION, IN ACCORDANCE WITH SECTION 551.074, OF THE TEXAS GOVERNMENT CODE, PERSONNEL MATTERS.

(B) ONE YEAR EVALUATION OF APPOINTED OFFICIAL, IN ACCORDANCE WITH ( SECTION 551.074, OF THE TEXAS GOVERNMENT CODE. PERSONNEL MATTERS.

ADJOURNMENT

CERTIFICATION

of Meeting was posted on the Bulletin Board at the New 21, 2007 at 3:30p.m.

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

( 1 REGULAR CITY COUNCIL MEETING NEW BRAUNFELS MUNICIPAL BUILDING -CITY COUNCIL CHAMBERS ( 424 S. CASlELL AVENUE. FEBRUARY 26, 2007- 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: FEBRUARY 26, 2007@ 6:00P.M.

CALL OF ROLL: CITY SECRETARY

PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG

INVOCATION: COUNCILMEMBER BETH SOKOLYK

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

1. MINUTES (PAGES 1·18) CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING ON FEBRUARY 7, 2007, AND (B) THE REGULAR MEETING ON FEBRUARY 12,2007. M. Resendez, City Secretary

2. PRESENTATION (PAGE 19) NEW BRAUNFELS POLICE OFFICER OF THE QUARTER AWARD. SAFE CITY COMMISSION MEMBERS

3. CITIZENS' COMMUNICATIONS- THIS TIME IS FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ISSUES AND ITEMS OF CONCERN, NOT ON THIS AGENDA. THERE WILL BE NO CITY COUNCIL ACTION AT THIS TIME. fPAGE 20 J Mayor Boyer

4. CONSENT AGENDA fPAGE 21 J 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 SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 82, OFFENSES AND MISCELLANEOUS PROVISIONS, PROVIDING FOR THE PREVENTION AND CONTROL OF DUST, DEFINING CERTAIN TERMS USED HEREIN, AND PROVIDING FOR REGULATIONS AND EXCEPTION. fPAGES 22·241 F. Robbins, Planning Director

(B) APPROVAL OF THE PURCHASE OF TWELVE VEHICLES FROM PHILPOTT MOTORS UNDER THE TARRANT COUNTY CONTRACT AND HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT. fPAGES 2526) M. Quinones, Purchasing Manager

( 1 ( (C) DISCUSS AND CONSIDER 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. (PAGES 27-33 J D. Korinchock, Chief Financial Officer

5. INDIVIDUAL ITEMS FOR CONSIDERATION

(A) DISCUSS AND CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, SUPPORTING STATE FUNDING FOR THE PRESERVATION OF HISTORIC TEXAS COURTHOUSES. (PAGES 34-36) M. Monison, City Manager

(B) PRESENTATION REGARDING THE HISTORIC PRESERVATION INITIATIVES; AND GIVE DIRECTION TO STAFF AND COMMISSION. (PAGES 37-56 J F. Robbins, Planning Director/Carola Davis

(C) DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE CONSTRUCTION OF CULVERTS COMMON TO ALVES LANE AND THE HOPKINS SUBDIVISION AND A BUDGET TRANSFER IN THE 2004 CERTIFICATE OF OBLIGATION CAPITAL IMPROVEMENT FUND. (PAGE 57) M. Short, Public Worlcs Director

(D) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING A NEW SECTION 86-15 REQUIRING LIFE JACKETS ON CERTAIN PUBLIC WATERWAYS; AND A NEW SECTION 86-16 RESTRICTING CERTAIN TYPES OF FLOTATION DEVICES ON THE RIVERS; ESTABLISHING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (PAGES 58·63 J P. Isham, City Attorney

(E) CONTINUATION OF PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING A NEW CHAPTER 100 "ROADWAY I.MPACT FEES" AND DECLARING AN EFFECTIVE DATE. (PAGES 64-81) F. Robbins, Planning Director

(F) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE SITE PLAN FOR AN EXISTING SPECIAL USE PERMIT ALLOWING SHORT TERM OCCUPANCY IN A "R-2 SINGLE & TWO FAMILY DISTRICT" LOCATED AT 595 S. UNION AVENUE. (PAGES 82-94 J F. Robbins, Planning Director

(G) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 291 S. UNION AVENUE TO ALLOW SHORT TERM RENTAL OR OCCUPANCY OF LESS THAN 30 DAYS IN A "C-1 LOCAL BUSINESS DISTRICT". F. Robbins, Planning Director (PAGES 95-109)

(H) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 297 S. UNION AVENUE TO ALLOW SHORT TERM RENTAL OR

( 2 OCCUPANCY OF LESS THAN 30 DAYS IN A "C-1 LOCAL BUSINESS DISTRICT". ( (PAGES 110-123) F. Robbins, Planning Director

(I) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOTS 1A AND 1B, NCB 5019, LOCATED AT 380 AND 388 EAST AUSTIN STREET FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT" WITH A RESTRICTION; AND GRANTING A SPECIAL USE PERMIT TO ALLOW TWO EXISTING SINGLE-FAMILY HOMES TO BE USED AS DAILY OR WEEKLY RENTALS. (PAGES 124-137 J F. Robbins, Planning Director

(J) FIRST READING OF AN ORDINANCE ANNEXING 14.856 ACRES OUT OF LOT 2 AND LOT 3, HIGH POINT SUBDIVISION, UNIT 3, KNOWN AS 1529 FM 306 TO THE CITY OF NEW BRAUNFELS, TEXAS, AND ADOPTING A SERVICE PLAN. fPAGES 138-148) F. Robbins, Planning Director

(K) DISCUSS AND CONSIDER ACTION ON TERM LIMITS FOR THE VARIOUS BOARDS AND COMMISSIONS OF THE CITY OF NEW BRAUNFELS. (PAGES 149-150) K. Valentine, Councilmember, District 6

(L) DISCUSS AND CONSIDER ACTION REGARDING THE FOLLOWING CITY OF NEW BRAUNFELS BOARD & COMMISSION APPOINTMENTS: lPAGES151-154J

1) THREE MEMBERS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FOR THREE-YEAR TERMS ENDING DECEMBER 13, 2009.

2) THREE MEMBERS TO THE DESIGN/SIDEWALK COMMITTEE FOR TWO-YEAR TERMS ENDING DECEMBER 31, 2008. TWO APPOINTMENTS MUST BE OWNERS OR OCCUPANTS OF PROPERTY WITHIN THE DOWNTOWN BUSINESS CORRIDOR.

3) TWO MEMBERS TO THE LANDA PARK GOLF COURSE ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31, 2009. (THESE ARE AT-LARGE POSITIONS)

4) THREE MEMBERS TO THE MAIN STREET ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31,2009.

5) ONE REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENTS FOR AN UNEXPIRED TERM ENDING MAY 31, 2008.

6) ONE MEMBER TO THE AIRPORT ADVISORY COMMITTEE FOR AN UNEXPIRED TERM ENDING DECEMBER 13, 2008. M. Resendez, City Secretary \

6. EXECUTIVE SESSION (PAGE 155}

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.

( 3 I '

(A) CONSULTATION WITH ATTORNEY, IN ACCORDANCE WITH SECTION 551.071, OF ( THE TEXAS GOVERNMENT CODE.

7. REPORTS fPAGE 156 J

a) CITY COUNCIL'S REPORT

b) STAFF'S REPORT

ADJOURNMENT

NOTE: The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act. CERTIFICATION

above Notice of Meeting was posted on the Bulletin Board at the New February 22,2007 at 11:~18

Michael A. Resendez, City Secretary

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

( 4 CITY COUNCIL MEETING ( NEW BRAUNFELS MUNICIPAL BUILDING -CITY COUNCIL CHAMBERS 424 S. CASTELL AVENUE FEBRUARY 26, 2007@ 6:00 P.M.

ADDENDUM

5. INDIVIDUAL ITEMS FOR CONSIDERATION

(M) DISCUSS AND CONSIPER THE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRANFELS, TEXAS, THAT IN ALL CASES OF RECALL AND REMOVAL OF ELECTED OFFICIALS, THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, IN ACCORDANCE WITH ARTICLE Ill, AND PRIOR TO ORDERING A SPECIAL ELECTION AS SPECIFIED IN ARTICLE V, SHALL DETERMINE, BY MAJORITY VOTE, WHETHER THE RECALL PETITION PROPERLY IDENTIFIES AND SUPPORTS A GROUND, OR GROUNDS, FOR RECALL AND REMOVAL Ken Valentine, Councilmember, District 6

CERTIFICATION

Notice of Meeting was posted on the Friday, February 23, 2007

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

{ ' 1 CITY COUNCIL MEETING ( NEW BRAUNFELS MUNICIPAL BUILDING -CITY COUNCIL CHAMBERS 424 S. CASTELL AVENUE FEBRUARY 26. 2007 @ 6:00 P.M.

A D D E N D U M NO. 2

5. INDIVIDUAL ITEMS FOR CONSIDERATION

(N) RECONSIDERATION OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL''OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY AMENDING SECTION 86-14 PROHIBITING CERTAIN CONTAINERS OR COOLERS ON CERTAIN PUBLIC WATERWAYS; ESTABLISHING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. Pat Wiggins, Councilmember, District 4

CERTIFICATION

I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Braunfels M Friday, February 23, 2007 at 5:15 p. ·

{ ~· · NOTE: plan to attend this meeting and who may liary aids or who are deaf or hearing impaired, · or large print, are requested to ~c:o,..rc:otr~n,'Q Office at 221-4010 at least (2) work days prior to the meeting so that appropriate arrangements can be made.

1 1

COUNCIL AGENDA ITEM

( SUBJECT MATTER/PROJECT: ------MINUTES ORIGINATING DEPARTMENT: CITY SECRETARY PRESENTER: MICHAEL A. RESENDEZ

COUNCIL DATE: FEBRUARY 27,2007 AGENDA#: 1

AGENDA CAPTION:

CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING ON FEBRUARY 7, 2007, AND (B) THE REGULAR MEETING ON FEBRUARY 12,2007.

~ATIONAlE:

FISCAL IMPACT:

BOARD RECOMMENDATION:

STAfF RECOMMEND/% T!ON:

(

Finance: ------Agenda Item #: _1'------Attachments: ~y=es;;.______Council Date: -'2=/2=6/=07___ _ 2

MINUTES ( SPECIAL CITY COUNCIL MEETING FEBRUARY 7, 2007

The City Council of the City of New Braunfels, Texas, met in Special Session on February 7, 2007. ·

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

Also present were: City Manager Michael E. Morrison, Interim City Attorney Paul Isham, Deputy City Secretary Ann Smith, Director of Planning and Community Development Frank Robbins, Attorney Jim Plummer, and Chief Financial Officer Deborah Korinchock.

Also present were: Mitch Nielsen, James Ingalls, Randy Haugh, Adam Cork, David Woctiers, Mike Norris, Jim Ray, Geoff Barr, Mike A. Ybarra, Cory Elrod, Delton Holt, Mick· Granlund, Mark Wheeler, Steve Griessen, Dave Burggraat, Tim Cronin, Phil Richards, Laurie Truce, Jay Patrick, Wayne Rudolph, Robert O'Farrell, Jack O'Brien, and Trina Eastwood. News media representatives Gerard MacCrossan and Roger Croteau were also in attendance . • (_ PRESENTATION REGARDING RETAIL DEVELOPMENT PROJECT Mark Wheeler, developer with Surecap-Village Partners, presented a PowerPoint Overview of the proposed Canyon Crossings shopping center. The team profile listed the developers, marketing group, architectural and engineering firms and legal counsel. Mr. Wheeler briefed the City Council on Surecap-Village Partners business and financial history. In introducing the Canyon Crossing project, Mr. Wheeler described a scalable retail pad from 400,000 to 800,000 square feet that could produce retail sales revenue of $200-300 million dollars and in excess of $70 million dollars projected capital investment. Surecap showed that they began negotiating with property owners in June 2004 and closed on their first property in October 2005. Mr. Wheeler, along with his developer partners, informed the City Council of their dedication to assist with extending F.M. 306. He noted several attributes to property such as: property ranked #1 of 4 at intersection for retail, no drainage issues, no flood plain on property, easy on/off access, utilities in place, no road abandonment requirements, and facilitates F.M. 306 extension.

Mr. Wheeler introduced Robert O'Farrell, Vice President of Staubach Retail. Mr. O'Farrell stated the Staubach firm had over 50 offices throughout America and that their tenants have expressed strong interest in Canyon Crossing. Such retail outlets as J.C. Penneys, Target and many restaurants were mentioned.

( 1 3

Jack O'Brien with O'Brien & Associates Architecture gave a short history of his ( company and the thoughts on the design of the Canyon Crossings shopping center.

Councilmember Wiggins asked if Target and J.C. Penney's had signed commitments yet. Mr. Wheeler stated that they had not completed any commitments at this time.

Mayor Boyer asked would Canyon Crossing be developed if Creekside goes in. Mr. Wheeler replied that Canyon Crossing would develop.

EXECUTIVE SESSION DELIBERATIONS REGARDING ECONOMIC DEVELOPMENT. IN ACCORDANCE WITH SECTION 551.087. OF THE TEXAS GOVERNMENT CODE

The City Council convened in a closed session at 9:10a.m. and reconvened in open session at 10:55 a.m. Mayor Boyer announced that no action would be taken at this time on the discussion in closed session.

DISCUSSION AND ACTION REGARDING A RESOLUTION EXPRESSING THE CITY OF NEW BRAUNFELS' INTENT TO CREATE A TAX INCREMENT REINVESTMENT . ZONE TO FINANCE PUBLIC IMPROVEMENTS IN SUPPORT OF THE GATEWAY AT CREEKSIDE DEVELOPMENT; AUTHORIZING AND DIRECTING. DISTRIBUTION OF A WRITTEN NOTICE OF THE CITY'S INTENTION TO CREATE THE PROPOSED REINVESTMENT ZONE TO EACH TAXING UNIT THAT LEVIES A TAX IN THE PROPOSED ZONE; AUTHORIZING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING FOR THE CREATION OF THE REINVESTMENT ZONE; AUTHORIZING A REQUEST TO MAKE PRESENTATIONS BEFORE CERTAIN TAXING UNITS; DELEGATING AUTHORITY TO MAKE PRESENTATIONS AND GIVE NOTICE TO TAXING UNITS OF FORMAL PRESENTATIONS TO THE COUNTY AND SCHOOL DISTRICT; AUTHORIZING A REQUEST TO EACH TAXING UNIT FOR THE APPOINTMENT OF A REPRESENTATIVE TO MEET WITH THE CITY TO DISCUSS THE PROJECT; DELEGATING AUTHORITY TO CALL AND HOLD MEETINGS WITH REPRESENTATIVES OF EACH TAXING UNIT; AND AUTHORIZING OTHER ACTIONS RELATED THERETO.

No action was taken on this item at this time.

ADJOURNMENT: This Special Meeting was adjourned at 10:55 a.m.

Date Approved: February 26, 2007

By: BRUCE BOYER, MAYOR

( 2 4

(

Attest:

ANN SMITH DEPUTY CITY SECRETARY

( 3 5

MINUTES ( REGULAR CITY COUNCIL MEETING FEBRUARY 12, 2007

The City Council of the City of New Braunfels, Texas, met in Regular Session on February 12, 2007.

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

Also present were: City Manager Michael E. Morrison, Interim City Attorney Paul Isham, City Secretary Michael A. Resendez, Director of Planning and Community Development Frank Robbins, Purchasing Manager Mary Quinones, Parks and Recreation Director Stacey Laird, River Project Manager Nathan Pence, Chief Finanancial Officer Deborah Korinchock, Community Development Block Grant Manager Nancy Davison, City Sanitarian Joe Lara, Public Works Director Mike Short, Airport Director An~y Spinks, Interim Police Chief John Villarreal, Recycling Coordinator Heather Harrison, Information and Technology Specialist Joy Abernathey, and Information and Technology Manager Kern Tilley .

.· Also present were: Jayme Blaschke, Robert E. Lee, Ill, Larry Horton, Rowena Hackfeld, Mark Hinchcliff, Carolyn Decker, Jennifer Zingery, Dick Robinett, Stoney Stonebreaker, Jerry Bullock, Barbara W. Perry, Kathleen Rockwood, Jay Patrick, Phil Jenkins, Lisa Jenkins, Kyle Estes, Tom Carden, Jennifer Seidel, Mary Ann Seidel, Casey Schriewer, Aaron Moore, Jeremy Sutton, Dustin Seidel, Rudy Seidel, John Seidel, Christine Seidel, Gaynell Eppler, Glendon D. Eppler, Frank Neville, Tommy Williams, Tom Meadows, Melinda Smith, Sarah Valdez, Jason Valdez, Irene Allen, Tommy Allen, Chad A. Fox, Vladimir Pospisil, Sandy Kibby, Trent Henson, Jacob Guerrero, Gaby Guerrero, Margo Marlene, Joe Castilleja, Doug Carter, Mary Carter, Cappy Felger Adams, Shane Wolf, Randy Schumann, Mel Polk, Joe Breads, Amber Heitkamp, Bill Norvell, Ben O'Neil, Edward Esquibel, Frank Neville, James Reno, Joe Meyers, Christopher J. Millett, Pamela Villarreal, Damon Slate, Mary Castillo, Augustin Castillo, David Olson, Glen Drake, Michael Scudder, Bryan Little, Mark Goodner, D. Lee Edwards, Kathy Carl, Jennifer Williams, Ross Granzin, Denise Gattuso, Gloria Harlin, Mike Dussere, Hugh Eakes, Carrie Columbus, Bryan Murphy, Alice Clasen, Penny Snell, James Dickerson, Marci Allen, Bob Barber, Kevin Vann, Dick Hillyer, John H. Davis, Carola Davis, Joey Valdez, Bryan Little, Tracy Wagner, Craig Schulle, Shelly Schulle, Jim Carrillo, Toni Peters, Claudia Valentine, Clint Cronin, Sharon Cronin, Bob Marley, and News Reporters Roger Croteau, Bryan Feltner and Suzanne Ashe.

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

February 12, 2007 New Braunfels Regular City Council Meeting 1 6

MINUTES: Councilmembers considered approval of the minutes of (A) the ( Special Meeting on January 9, 2007, (B) the Special Meeting on January 11, 2007, (C) the Special Meeting on January 22, 2007, (D) the Regular Meeting on January 22, 2007, and (E) the Special Meeting on January 29, 2007.

Councilmember Pospisil moved to approve the minutes as presented. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

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

Barbara W. Perry of 2112 Stonehaven, New Braunfels, Texas, expressed her ~concern and opposition towards City Council granting tax breaks to private enterprises looking to develop in New Braunfels.

CONSENT AGENDA:

Before the reading of the Consent Agenda, Mayor Boyer announced that consent items (A), (B) and (M) had been removed from the Consent Agenda ..

Continuing with the item, Mayor Boyer read the Consent Agenda as listed below, ,minus items (A), (B) and (M). Councilmember Pospisil moved to approve the Consent Agenda as presented excluding items (A), (B) and (M). Councilmember Sokolyk (_ seconded the motion which was approved by the following roll call vote; A YES: Councilmembers Munoz,.;Gill, Sokolyk, Pospisil, Wiggins, Krueger, Valentine, and Mayor Boyer; NAYS: None. ·

(C) APPROVAL OF lliE SECOND AND FINAL READING OF AN ORDINANCE OF lliE CnY OF NEW BRAUNFELS, TEXAS, AMENDING SECTION 114-99 OF lliE CODE OF ORDINANCES MODIFYING lliE APPROVAL METHODS FOR GRANTING ACCESS TO ROADWAYS; PROVIDING A SEVERABIUlY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

Ordinance No. 2007-09

(D) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO 1607 HWY 46 SOUTH, TO ALLOW A MINI-STORAGE FACILITY AND AN AUTO SALES BUSINESS IN AN "APD AGRICULTURAL I PRE­ DEVELOPMENT DISTRICT" AND "C-1 LOCAL BUSINESS DISTRICT".

Ordinance No. 2007-10

(E) APPROVAL OF lliE SECOND AND FINAL READING OF AN ORDINANCE REZONING LOTS 2A AND 2B, lliOMAS FINK SUBDMSION, LOCATED AT 121S ERVENDBERG AVENUE, FROM 'R-2 SINGLE AND TWO FAMILY DISTRICT" TO "MU-A LOW INTENSnY MIXED USE DISTRICT", Willi A RESTRicnON.

Ordinance No. 2001-11

(F) APPROVAL TO REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ( FUNDS AS FOLLOWS:

February 12, 2007 New Braunfels Regular City Council Meeting 2 7

1) PY 2004 KATY/MESQUITE DRAINAGE FUNDS TO PY 2004 VERAMENDI ( DRAINAGE PROJECT. As noted in the agenda packet, CDAC recommended that $16,700 be reallocated to the Veramendi Drainage Project.

2) PY 2005 HOMEBUYER ASSISTANCE PROGRAM FUNDS TO PY 2005 MINOR HOME REPAIR PROGRAM. As noted in the agenda packet, CDAC recommended that $19,734 be reallocated to the Minor Home Repair Program.

3) PY 2006 MACKENZIE FOUNDATION FUNDS TO PY 2006 MINOR HOME REPAIR PROGRAM. As noted in the agenda packet, CDAC recommended that $8,135.60 be reallocated to the Minor Home Repair Program.

(G) APPROVAL OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 791, "TEXAS INTERLOCAL COOPERATION ACT". As noted in the agenda packet, this agreement would allow for the City to take advantage of bulk pricing for various commodities and services.

(H) APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF THE ARTS AND CRAFTS BUILDING AT THE COMAL COUNTY FAIRGROUNDS. Included in the agenda packet were copies of contracts with Melanie Miller, Frank Montes, Karen Nance, Donald Zercher, and Melissa Castaneda Ortiz.

(I) APPROVAL OF AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BRINKLEY SARGENT ARCHITECTS FOR THE SPACE PLANNING FACILITIES NEEDS ASSESSMENT. As noted in the agenda packet, the asse$Sment would encompass City Hall, Public Works, Facility Maintenan~. Parks and Recreation Administration Building, Fire Stations 1, 2, 3, 5, Fire Training, Police Department, Municipal Court, Kerlick Storage Facility, and the Library for a price not to exceed (_ $95,000.

(J) APPROVAL OF A CONTRACT MODIFICATION WITH JOE BLAND CONSTRUCTION FOR REMOBILIZATION ON THE GRUENE ROAD IMPROVEMENTS CONTRACT AND APPROPRIATE BUDGET TRANSFER As noted in the agenda packet, Joe Bland Construction agreed to provide the services at $165,000.

(K) APPROVAL OF A BUDGET TRANSFER IN THE FY 2006-07 ADOPTED BUDGET FOR CITY ADMINISTRATION COSTS ASSOCIATED WITH INTERIM CITY ATTORNEY SERVICES. As noted in the agenda packet, staff recommended that $69,000 of funds reserved for the City Attorney position be transferred to cover the professional services of the Interim City Attorney.

(L) APPROVAL TO AUTHORIZE THE CITY MANAGER TO PURCHASE ADDITIONAL RIGHT-OF-WAY (0.032-ACRES) FOR THE GRUENE ROAD IMPROVEMENT PROJECT. As noted in the agenda packet, staff recommended that the City move forward with acquiring 1,396 square feet of additional right-of-way from Michael Flume.

(N) FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 82, OFFENSES AND MISCELLANEOUS PROVISIONS, PROVIDING FOR THE PREVENTION AND CONTROL OF DUST, DEFINING CERTAIN TERMS USED HEREIN, AND PROVIDING FOR REGULATIONS AND EXCEPTION.

(0) APPROVAL OF A RESOLlffiON TO RECOMMEND AESTHETIC DETAILS FOR THE GRUENE ROAD BRIDGE REPLACEMENT PROJECT. ( Resolution No. 2007-R06

February 12, 2007 New Braunfels Regular City Council Meeting 3 8

(

CONSENT AGENDA ITEM (M)- APPROVAL TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A LAND LEASE WITH SOUTH TEX STEEL CONSTRUCTION. INC. AT NEW BRAUNFELS MUNICIPAL AIRPORT TO CONSTRUCT A 100' x 100' HANGAR: Mayor Boyer read the above and foregoing caption.

Councilmember Valentine pulled this item from the Consent Agenda to clarify information regarding the construction of the hangar and the ownership of any future improvements to the land.

Councilmember Pospisil moved to authorize the City Manager to enter into a land lease with South Tex Steel Construction, Inc. for the construction of a 100' x 100' hangar. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

PUBLIC HEARING AND CONSIDER APPROVAL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT ("CAPER") TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ("HUD"): Mayor Boyer read the above and foregoing caption.

(_- Planning Director Robbins and Community Development Block Grant Manager Davison explained how the CAPER set out the City of New Braunfels' Community Development Block Grant f'CDBG") program expenditures and achievements for the period of January 1, 2006 through December 31, 2006, and continued by summarizing a list of accomplishments as related to priorities for Fiscal Year 2006, as noted on pages 95 and 96 of the agenda packet.

Councilmembers then took the opportunity to provide very positive comments regarding the community achievements for Fiscal Year 2006.

Mayor Boyer then opened the floor to public input.

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

Proceeding with agenda item, Councilmember Pospisil moved to approve the Consolidated Annual Performance and Evaluation Report f'CAPER") to the United States Department of Housing & Urban Development ("HUD") as presented. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

( FENCING AND GATEWAYS AT HINMAN ISLAND AND PRINCE SOLMS PARKS-

February 12, 2007 New Braunfels Regular City Council Meeting 4 9

(A) DISCUSS AND CONSIDER APPROVAL OF A CONCEPTUAL PLAN AND (8) ( RESOLUTION TO AUTHORIZE A PROCUREMENT PROCESS AND THE EMERGENCY PURCHASING PROCEDURES FOR THE FENCING: Mayor Boyer read the above and foregoing caption.

Parks and Recreation Director Laird introduced Jim Carrillo of Halff Associates with respect to a presentation on fencing and entrance alternatives Prince Solms Parks and Hinman Island.

Jim Carrillo, Director of Planning for Halff Associates, stated how his company had been working with the City's Parks Department for the last year on improvements to Hinman Island and the tube chute area. He mentioned that over the last several months, Halff Associates had been assisting staff with fencing issues.

Next, Mr. Carrillo provided City Council with a PowerPoint presentation that depicted pictures and sketches of proposed improvements and amenities for Prince Solms Park and Hinman Island. Mr. Carrillo made reference to five immediate improvements to Prince Solms Park related to fencing he felt could be in-tact by May 15, 2007, totaling $121,339.

Mr. Carrillo then made reference to potential future improvements related to the aesthetics and beautification of Prince Solms Park that included various landings, pedestrian railings, a stone wall, picnic facilities, minor landscaping additions, and ~· shade covering.

Councilmembers then shared their perspectives on the conceptual plan presented by Jim Carrillo.

Kyle Estes of the Parks and Recreation Advisory Board read a statement on behalf of the board that expressed support for the design concept presented by Mr. Carrillo but also expressed some major concerns related to the commercial activity accommodated by the two parks and the financing for the proposed projects.

City Manager Morrison stated that staff would be in touch with some fencing contractors to come back to City Council with a financing plan.

Following comments from City Council and staff pertaining to potential funding sources, Councilmember Pospisil moved to approve the conceptual plan presented by Halff Associates. Councilmember Krueger seconded the motion.

Mayor Boyer then opened the floor to public comment.

Jayme Blaschke of 3978 Tarrant Drive, New Braunfels, Texas, expressed his support for the conceptual plan but cautioned Council to take into consideration the citizens who utilize the parks all year long. (

February 12, 2007 New Braunfels Regular City Council Meeting 5 10

James Reno of 2454 Country Grace, New Braunfels, Texas, urged City Council ( to find alternative methods of funding other than the River Fund.

Rolf E. Moore of 490 Rusk, New Braunfels, Texas, stated that the improvements being proposed were necessary to improve the behavior of the large crowds utilizing the parks.

Pat Gattuso of 7 Trail View, New Braunfels, Texas, cautioned City Council that these improvements were premature since the City's future river plans were not definite.

Tommy Allen of 389 Inspiration, New Braunfels, Texas, urged City Council to not move forward with the erection of the fence at Prince Solms Park.

Lastly, Irene Allen of 3891nspiration, New Braunfels, Texas, opposed spending up to $600,000 for improvements to Prince Solms Park and Hinman Island when more important issues were evident throughout the City.

Following final comments from Mayor Boyer and City Manager Morrison, City Council unanimously approved the main motion proposed by Councilmember Pospisil to approve the conceptual plan.

Next, Councilmember Krueger moved to approve a resolution to authorize a procurement process and emergency purchasing procedures for the first phase of the fencing at Prince Solms Park. Councilmember Valentine seconded the motion.

Interim City Attorney Isham noted that the resolution would allow staff to proceed with solicitation of a sufficient number of proposals from fence contractors without having to publish notice in the newspaper due to the emergency situation related to protecting the public's health and safety.

Councilmember Pospisil stated that she would not be able to support the resolution at this time.

Mayor Boyer, once again opened the floor to public comment.

Gappy Felger Adams of 1234 Sleepy Hollow Lane, New Braunfels, Texas, did not see what the emergency was and suggested that the City follow the usual public bidding process and expressed concern that the fence was being erected to keep people out instead of in.

Rowena Hackfeld at 209 E. Tanglewood, New Braunfels, Texas, did not agree with the emergency language in the resolution. ·

Following comments from Mayor Pro-tem Munoz-Gill and Rolf E. Moore, City Manager Morrison reiterated that this resolution would allow for the first ·phase of the ( fencing project to bypass the public notice bidding process to possibly have the fence

February 12, 2007 New Braunfels Regular City Council Meeting . 6 11

erected by the start of the summer season. ( Continuing with the item, Chad Fox of 509 Starling Creek, New Braunfels, Texas, felt that rushing the process could exclude some local businesses frorri the bidding process.

Mayor Boyer added that he would support the item so long as the action would not inhibit the citizens from enjoying the park in anyway.

City Council approved the resolution as presented by a 6/1 vote with Councilmember Pospisil casting the only dissenting vote. Resolution No. 2007-R07

CONSENT AGENDA ITEM fB) - APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING SECTION 86-10 "PROHIBITION -OF ALCOHOLIC BEVERAGES IN PORTIONS OF CITY PARKS" TO MODIFY AND CHANGE WHERE CONSUMPTION OF ·ALCOHOL MAY_ TAKE PLACE OR CONTAINERS OF ALCOHOL MAY BE POSSESSED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.

Councilmember Pospisil noted that she had pulled this item from the Consent Agenda because of the number of correspondences she had received from individuals ( concerned that the majority of the citizens would be punished by this ordinance. Councilmember Pospisil felt that members of the public should be given an opportunity to express their concerns on this ordinance.

Next, Councilmembers expressed their views on the ordinance. During the discussion, reference was made to the alcohol related problems occurring at Hinman Island and a possible amendment to the ordinance limiting the prohibition to only the summer season months to accommodate citizens not living on the river.

Interim Police Chief John Villarreal made note that intoxication was a problem at Hinman Island, Prince Solms Park and the tube chute during the summer season which sometimes led to serious assaults. He mentioned that Councilmember Wiggins had witnessed such an incident and noted there were seldom problems in parks where alcohol was not allowed.

Mayor Boyer then opened the floor to public comment.

Mike Carl of 686 Floral Circle, New Braunfels, Texas, informed City Council that some lighting on Hinman Island Drive had been out for several months and questioned what the issues were really about. ·

David Olson of 795. Albert Street, New Braunfels, Texas, noted that he was a full ( time river officer with the New Braunfels Police Department and suggested that instead

February 12, 2007 New Braunfels Regular City Council Meeting 7 12

of banning alcohol that City Council consider moving the curfew time from midnight tp ( dusk at Hinman Island.

Irene Allen of 389 Inspiration, New Braunfels, Texas, made City Council aware that Hinman Island encompassed the back nine holes of the golf course as per a study by Carter and Burgess in August of 2001. She emphasized that there should not be discrimination between golfers and river patrons.

Christine Seidel of 801 Elm Creek Road, New Braunfels, Texas, stated that she had contacted many individuals regarding the lights on Hinman Island that had never been repaired after the 2002 flood. She urged City Council to reactivate the lights to help curb bad behavior.

Joey Valdez of 1197 Fredericksburg Road, New Braunfels, Texas, spoke in opposition of the ordinance.

Cappy Felger Adams of 1234 Sleepy Hollow Lane, New Braunfels, Texas, spoke in opposition of the alcohol ban considering that the City of New Braunfels is home to many events that serve alcohol. She urged City Council to consider a curfew instead.

Continuing with public comment, Bob Barber of 462 Hunters Trophy, New Braunfels, Texas, expressed support for the ordinance. He stated that families should be allowed to enjoy such alcohol-free areas. ( Pat Gattuso of 7 Trail View, New Braunfels, Texas, said that focus should be placed on ticket writing to discourage bad behavior.

Carrie Columbus of 813 Timber Drive, New Braunfels, Texas, stated that she sometimes tubes the rivers several times a week during the summer season and that the situation was being blown out of proportion. She closed by expressing opposition to the ordinance.

Chad A. Fox of 509 Starling Creek, New Braunfels, Texas, stated that long term solutions were needed which included increasing the flow out of Canyon Lake.

Following a further discussion on a possible curfew, Councilmember Valentine moved to approve the second and final reading of this ordinance as presented. Councilmember Sokolyk seconded the motion.

Mayor Pro-tem Munoz-Gill moved to amend the ordinance to allow for an alcohol ban for Prince Solms Park and Hinman Island Park only from Memorial Day to Labor Day. Councilmember Pospisil seconded the amendment which failed by a 3/4/0 vote with Councilmembers Sokolyk, Wiggins, Krueger and Valentine casting dissenting votes. ( The second and final reading of this ordinance was approved by the following

February 12, 2007 New Braunfels Regular City Council Meeting 8 13

roll call vote; A YES: Councilmembers Sokolyk, Wiggins, Krueger, Valentine, and ( Munoz-Gill; NAYS: Councilmember Pospisil and Mayor Boyer. Ordinance No. 2007-12

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

Interim City Attorney Isham noted that at the last meeting, Council requested that the River Activities Committee return with a recommendation regarding cooler sizes for the Comal and Guadalupe Rivers based on can carrying capacities.

John Davis, Chairman, and Dick Hillyer, Vice-Chairman of the River Activities Committee appeared before City Council to present a report recently approved by the majority of the River Activities Committee offering responses and solutions to many of the issues and misconceptions purported by outfitters, businesses, river patrons, and members of the public. To conclude the report, Mr. Hillyer noted that the River Activities Committee recommended that a six can cooler (8" length, 6" width, 7" depth) be allowed on the Comal River and a twelve can cooler (11" length, 8" width, 7" depth) be allowed on the Guadalupe River due to the longer tube ride. Mr. Hillyer noted that the River Activities Committee further recommended that both rivers be cleaned on a more frequent basis and that the ordinance be worded to prohibit using mesh bags for the carrying of liquid containers.

Next, Irene Allen, speaking as a member of the River Activities Committee, stated that the report presented by Mr. Davis and Mr. Hillyer at tonight's meeting hEld not been approved by the entire committee. She mentioned that she disapproved with most of the information that had been presented in the report.

Mel Polk of 1273 River Terrace, New Braunfels, Texas, expressed opposition to the ordinance noting that he felt the ordinance would not be able to stand up to a legal challenge and had hoped an opinion would have been solicited from the State's Attorney General.

Kathleen Rockwood of 102 Guada Coma, New Braunfels, Texas, expressed support for the ordinance and commended the River Activities Committee for their efforts.

John Seidel of 801 Elm Creek Road, New Braunfels, Texas, expressed opposition to the ordinance and gave accounts of how five generations of his family had ( enjoyed the local rivers without the intervention and rules that were now being sought.

February 12, 2007 New Braunfels Regular City Council Meeting 9 14

Rudy Seidel expressed opposition to the ordinance and gave an account of how ( his mother tubed the river until she was in her eighties.

Robert E. Lee, Ill, of 705 Village Way, New Braunfels, Texas, expressed opposition to the ordinance and provided City Council with a detailed report on the economic and tax impact this ordinance would have on tubing related tourism. In conclusion, Mr. Lee proposed that a twelve can cooler be allowed on both rivers and that a much smaller tube be allowed for coolers.

Continuing with public comment, Bill Norvell of 439 Comal, New Braunfels, Texas, expressed concern over the conduct down the river at the last tuber's exit. He mentioned that this ordinance would not really affect anything and that control over use of the rivers needed to be addressed.

Amber Heitcamp of 758 Briarbend, New Braunfels, Texas, expressed opposition to the ordinance and took offense to being referred to as a twenty-something. She continued by noting that disobedient individuals would still continue to disobey the law and that the new ordinances would be difficult to enforce. In conclusion, she stated that this ordinance would make it very difficult for families and small children to enjoy the rivers.

Jay Patrick of 2123 Cornerstone Drive, New Braunfels, Texas, expressed opposition to the ordinance and stated that there was nothing family friendly about tubing with a loaded down lunchbox and that obedient individuals would be punished. L He stated that this ordinance was a backwards way to ban alcohol on the river or limit it to a low supply. He requested that City Council compromise and listen to the public's comments from tonight's meeting.

Gaynell Eppler of 983 River Terrace, New Braunfels, Texas, requested that City Council maintain the same set of rules for both rivers.

Frank Neville of 900 Bridge Street, New Braunfels, Texas, expressed concern that Council's decisions at tonight's meeting were not in line with the input received from the audience.

Rolf E. Moore of 490 Rusk, New Braunfels, Texas, expressed support for the ordinance and mentioned that less items on the river would result in less litter on the rivers and felt that six beers on the Comal River and twelve beers on the Guadalupe River was adequate. He closed by saying that families would eventually replace the individuals exhibiting bad behavior.

Joe Meyers of 853 Walkers Circle, New Braunfels, Texas, expressed opposition to the ordinance and felt that New Braunfels needed to adopt a tourist mentality for the summer months and that City Council had already made up their minds regardless of audience input. (

February 12, 2007 New Braunfels Regular City Council Meeting 10 15

Jennifer Seidel of 572 N. Guenther, New Braunfels, Texas, opposed the ( ordinance and stated that the proposed regulations were too harsh compared to what generations of families were used to.

Craig Schulle of 4111 Morningside Drive, New Braunfels, Texas, expressed opposition to the ordinance and stated that the small coolers would be dangerous and that a large source of the trash on the rivers was due to coolers not being secured by a strap. ·

Margo Marlene of 770 N. IH-35, New Braunfels, Texas, expressed opposition to the ordinance and stated that larger coolers were better than smaller coolers for curbing the litter problem and that the same cooler restriction should be used for both rivers.

Jennifer Zingery of 500 N. Market, New Braunfels, Texas, expressed opposition to the ordinance and· a concern that she could be ticketed for placing half empty trash in her mesh bag. Ms. Zingery said that the proposed ordinance would be a burden to small children and police officers.

Joe Castilleja of 2339 Normandy Grace, New Braunfels, Texas, expressed his opposition to the ordinance. Mr. Castilleja explained how dangerous and cumbersome the small coolers could potentially be and mentioned how nonsense on the rivers could be controlled by self-enforcement. ( Jeremy Sutton of 1224 Rapids Road, New Braunfels, Texas, expressed his opposition to the ordinance and stated that disobedient individuals would still find a way to get around the proposed ordinances. He urged City Council to focus in on the real problems related to the river.

Proceeding with public input, Bryan Little of 19 Sunflower Circle, New Braunfels, Texas, stated that he had been tubing the rivers for twenty years and was opposed to the cooler ordinance. Mr. Little said he felt like he was being punished for the actions of others and probably be spending more time at the lake and that some of his friends were already planning to visit the Frio River instead of New Braunfels this summer.

Rowena Hackfeld of 209 E. Tanglewood, New Braunfels, Texas, expressed her opposition to the ordinance and said that crowd control as well as addressing safety issues would prove more beneficial than the proposed ordinance.

Shane Wolf of 181 Big Sky, New Braunfels, Texas, expressed his opposition to the ordinance and informed City Council that he felt hidden agendas were being pursued by some and that the City Council should consider the facts and input from the audience.

Cathy Carl of 686 Floral Circle, New Braunfels, Texas, expressed her opposition to the ordinance and told City Council that they were elected to represent the citizens of ( New Braunfels and not just the select few that live on the river. She mentioned that

February 12, 2007 New Braunfels Regular City Council Meeting 11 16

there were currently enough laws on the books to protect river patrons. ( Mary Carter of 64 Guada Coma, New Braunfels, Texas, stated that she lived on the river and that she and members of her dive team had pulled out several boats full of aluminum cans last year from a 100 foot stretch of water on the Comal River. She expressed her support for the ordinance and urged City Council to approve the recommendations of the River Activities Committee.

Randy Schumann of 8664 River Road, New Braunfels, Texas, expressed his opposition to the ordinance and stated that he felt the majority of the audience was not being heard by City Council. He noted that the measures being proposed by the River Activities Committee were too drastic and would have a negative effect on the local economy.

Michael Scudder of 1235 Terrace Court, New Braunfels, Texas, expressed his opposition to the ordinance and gave City Council a thorough account of what types of tourist related problems, Galveston experiences, to attract the tourist dollars,· as compared to New Braunfels. Mr. Scudder felt that the River Activities Committee did not seek enough input when creating the recommendations for City Council.

Carolyn Decker of 2131 Hidden Meadow Drive, New Braunfels, Texas, expressed her opposition to the ordinance and informed City Council that the small oooler sizes were not family friendly. She spoke of how many individuals had cancelled (___ . reservations this year based on the present ordinances.

Pat Gattuso of 7 Trail View, New Braunfels, Texas, expressed his opposition to the ordinance and cautioned City Council that tourist dollars could go elsewhere with the passage of the cooler size ordinance.

Cappy Felger Adams of 1234 Sleepy Hollow Lane, New Braunfels, Texas, expressed her opposition to the ordinance and stated that she could not believe the River Activities Committee had come up with some of the proposed recommendations.

Clint Cronin of 232 Elizabeth Street, New Braunfels, Texas, commended the efforts of the New Braunfels Police Department and reminded City Council of a petition that was circulated several years ago to ban alcohol that gathered almost 3,000 signatures of registered voters. Mr. Cronin expressed his support for the ordinance before leaving the podium.

Mary Castillo of 2363 Oak Pebble, New Braunfels, Texas, spoke in opposition of the ordinance, mentioning that she and her 26 grandchildren share a 96 quart cooler when tubing the river that never even contains alcoholic beverages. She urged City Council to not take that option away from her.

Lastly, Joey Valdez of 1197 Fredericksburg Road, New Braunfels, Texas, ( expressed his opposition to the ordinance, and gave City Council a list of suggestions to

February 12, 2007 New Braunfels Regular City Council Meeting 12 17

assist with the congestion caused by tubers on the rivers.

Following the large volume of public input, Councilmembers took the opportunity to express their views on the ordinance.

Next, Councilmember Valentine moved to approve the second and final reading of this ordinance to include the following dimension adjustments: a six can cooler (8" length, 6" width, 7" depth) on the Comal River and a twelve can cooler (11" length, 8" width, 7" depth) on the Guadalupe River. Councilmember Sokolyk seconded the motion.

Interim City Attorney Isham then spoke to how these dimensions were derived.

Following closing comments from Mayor Boyer, the second and final reading of this ordinance as adjusted was approved by the following roll call vote; A YES: Councilmembers Wiggins, Krueger, Valentine, and Sokolyk; NAYS: Councilmember Pospisil, Mayor Pro-tem Munoz-Gill and Mayor Boyer. Ordinance No. 2007-13 Due to tile length of tills meeting, at 11:33 p.m. City Council formed a consensus that tile remainder of tile agenda not addressed at tills evening's meeting, be deferred until tile next regular City Council meeting on February 28, 2007.

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING A NEW CHAPTER 100, "ROADWAY IMPACT FEES" AND DECLARING AN EFFECTIVE DATE:

At the request of Interim City Attorney Isham, Mayor Boyer announced that this item would be addressed before the close of the meeting to satisfy and meet the requirements of the public hearing process. Mayor Boyer proceeded by reading the above and foregoing caption.

Immediately thereafter, Councilmember Pospisil moved to continue the public hearing until February 26, 2007. Councilmember Sokolyk seconded the motion which was unanimously approved by City Council.

ADJOURNMENT: This Regular meeting adjourned at 11:35 p.m. A motion was made by Councilmember Pospisil with a second by Councilmember Sokolyk that carried by a 710 vote.

\

February 12, 2007 New Braunfels Regular City Council Meeting 13 19

COUNCIL AGENDA ITEM

SUBJECT ( MAHER/PROJECT: PRESENTATION SAFE CITY ORIGINATING DEPARTMENT: PRESENTER: HOWARD ATHAS COMMISSION COUNCIL DATE: FEBRUARY 27,2007 AGENDA~f.: 2

AGENDA CAPTION:

OFFICER OF THE QUARTER PRESENTATION

RATIONALE:

FISCAL !1\flPACT:

BOARD RECOMMENDATION:

§TAFF IRECOMMI;NDATION:

(

Finance: Agenda Item #: _2:;:..______

i-\ttachments: ~ycec::...s ____ Council Date: --'21=2=6.:-;o/0.:....7 ____ 20

( CITY COUNCIL AGENDA ITEM INFORMATION

SUBJECT MATTER: CITIZENS' COMMUNICATION COUNCIL MEETING DATE: FEBRUARY 26. 2007 Agenda Item # 3

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

(

( Attachments - None Agenda Item #3 21

COUNCIL AGENDA ITEM ( • CONSENT AGENDA VARIOUS VARIOUS FEBRUARY 26, 2007 4 (A-C)

Item Description Source Status A APPROVAL OF SECOND AND FINAL READING OF AN F. Robbins, 1"' reading on ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, Planning 2/12/07 passed. AMENDING CHAPTER 82, OFFENSES AND MISCELLANEOUS Director PROVISIONS, PROVIDING FOR THE PREVENTION AND CONTROL OF DUST, DEFINING CERTAIN TERMS USED HEREIN, AND PROVIDING FOR REGULATIONS AND EXCEPTION.

B APPROVAL OF THE PURCHASE OF TWELVE VEHICLES FROM M. Quinones, Vehicles for Police PHILPOTT MOTORS s UNDER THE TARRANT COUNTY Purchasing Dept. CONTRACT AND HOUSTON GALVESTON AREA COUNCIL OF Mgr. GOVERNMENTS CONTRACT. c DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION D. Korinchock, See briefing sheet RELATING TO ESTABLISHING THE CITY'S INTENTION TO CFO 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.

attachments: yes Agenda Item #: 4(A-C) Council Meeting: 2/26/07

( 22

ORDINANCE NO. 2007-

( AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING CHAPTER 82: OFFENSES AND MISCELLANEOUS PROVISIONS; PROVIDING FOR THE PREVENTION AND CONTROL OF DUST; DEFINING CERTAIN TERMS USED HEREIN, AND PROVIDING FOR REGULATIONS AND EXCEPTION.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW

BRAUNFELS, TEXAS:

SECTION 1

THAT the City of New Braunfels Code of Ordinances, Chapter 82 is hereby amended to read as follows:

Sec. 82-13. Definitions. (a} "Fugitive dust" or "dust" means organic or inorganic particulate matter in quantities and of a duration

t~at may with reasonable likelihood injure human or animal health or plant life, reduce safe visibility, cause property damage, or degrade visibility. Water vapor, steam, or particulate matter emissions emanating from a duct or stack of process equipment are not fugitive dust. (___ (b) "Dust palliative" means a substance used to abate the dispersion of particulate matter into the air. Dust palliatives for use on road and other surfaces may be water or other retardants approved by the Texas Commission on Environmental Quality.

Sec. 82-14. Regulation of Fugitive Dust. No person shall discharge from any source whatsoever one or more dust contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. (a} A person responsible for any of the following activities or sources of fugitive dust shall take all · reasonable actions to prevent particulate matter from becoming airborne: 1. Construction or demolition of buildings or structures. 2. Construction, grading, paving, and maintenance of roads and streets. 3. Clearing of land; including mulching and shredding of vegetation. 4. Stockpiling of materials. (b) A person may not permit fugitive dust to be emitted into the outdoor atmosphere from a source listed in 82-14(a} if the emissions are visible at the point the emissions pass outside the person's property, or ( adversely affect any other person, their property, or their reasonable enjoyment of their property. 23

(c) A person responsible for any source or activity specified in 82-14(a) shall take.all reasonable actions ( to prevent fugitive dust from becoming airborne. These actions include, but are not limited to, the following: 1. Use, where possible, of water or approved dust palliatives for control of dust in the demolition of buildings or structures, construction operations, the grading or use of roads or streets, or the clearing of land. The dust palliative selected for use and application must be one which is approved by the Texas Commission on Environmental Quality. The use of waste oil as a dust palliative is prohibited. 2. Application of asphalt, water, or approved dust palliatives on dirt roads, material stockpiles, and other surfaces which may give rise to airborne dusts. The dust palliative used must be one which is approved by the Texas Commission on Environmental Quality. The use of waste oil as a dust palliative is prohibited. 3. Paving and maintenance of roadways. 4. Immediate removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means.

Sec. 82-15. Exceptions. The requirements of this ordinance do not apply to fugitive dust emissions arising from the production of agricultural commodities in their un-manufactured state on the premises of an agricultural operation.

SECTION2 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.

SECTION4 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

SECTION 5 THIS ordinance will take effect upon the Second and Final Reading of same.

(

2 24

( PASSED AND APPROVED: First Reading this the __day of , 2007. PASSED AND APPROVED: Second Reading this the __day of,_____ , 2007.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

(

APPROVED AS TO FORM:

PAUL ISHAM, Interim City Attorney

(

3 25

COUNCIL AGENDA ITEM

( AWARD OF A PURCHASE TO PHILPOTT MOTORS FOR VEHICLES ORiGiNATii\iG DEPAF

COUNC!L DATE: February 26,2007

APPROVAL OF THE PURCHASE OF TWELVE VEHICLES FROM PHILLPOTT MOTORS UNDER THE TARRANT COUNTY CONTRACT AND THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT.

The FY 2006-07 Adopted Budget funds the purchase of twelve new vehicles (additions to the City's existing fleet). This includes six new police specification vehicles, five for the new police officers authorized in the budget and one for the City's Park Ranger who is now a certified peace officer; one sedan for the new Detective in the Police Department's Criminal Investigation Division; two trucks for Public Works and one for Planning; and 2 SUV's fQr Parks and Recreation.

The following table shows the costs for each type of vehicle and its projected delivery date.

Department Vehicle Unit cost Delivery Date Police specification Ford Crown Police Department - Patrol Victoria $21,033.50 Ready for delivery Police Department- CID Ford Crown Victoria $20,694.50 Ready for delivery Public Works & Planning Ford F150 Supercab $16,465.12 Ready for delivery Parks and Recreation Ford Escape $16,074.67 90-120 days Parks and Recreation Ford Explorer $20,726.00 75-90 days

The total cost for all twelve vehicles is $233,901.53.

The six police specification vehicles will require additional equipment such~as light bars, radios, cages, etc. before they are fully functional for Police Department use. This additional equipment will be acquired through GT Distributors. ·

An lnterlocal agreement was approved with Tarrant County on February 12, 2007. This agreement authorizes the purchase of vehicles under the Texas Cooperative Purchasing Act. Philpott Motors also has a contract with the Houston Galveston Area Council for the purchase of vehicles.

Tarrant County did a competitive sealed bid in their FY 2001. Philpott Motors was the lowest bidder at that time for the purchase of vehicles. The pricing received from Philpott Motors is better than the Texas State Building and Procurement Commission (State contract) pricing, most likely because the pricing was fixed in 2001 so cost increases have not affe.cted this contracted price.

The trucks and SUVs are being bought under the HGAC contract. HGAC requires an administrative fee of $600 per order. These vehicles will be placed on one order and the cost split out between the vehicles.

Phillpott Motors is the source for all the vehicles being purchased, both under the HGAC contract and the · Tarrant County interlocal agreement. (

c:i·,. ""·'·. '·"" February 26, 2007 26

The funds for these purchases are included in the FY 2006-07 Adopted Budget in the Police, Parks and Recreation, Public Works and Planning departments. (

N/A

Approval of the purchase of twelve vehicles from Phillpott Motors under the Tarrant County contract and the Houston Galveston Area Council of Governments contract.

( 27 COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Reimbursement Resolution ( ORIGINATING DEPARTMENT: Finance PRESENTER: Deborah Korinchock COUNCIL DATE: February 26, 2007 AGENDA#: 1il)

AGENDA CAPTION:

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

RATIONALE: Attached for Council consideration is a reimbursement resolution prepared by the City's bond counsel, Fulbright and Jaworski, L.L.P. This resolution will allow the City to pay for costs associated with approved capital improvement projects prior to the issuance of certificates of obligation that will ultimately fund this acquisition. Available cash will be used to pay for these costs. Once the certificates of obligation are issued, that cash will be repaid from the debt proceeds. This reimbursement resolution is for an amount not to exceed $12.5 million. This amount is based on the projects considered by Council for funding in the FY 2006-07 capital improvement program. This includes:

Projects Cost Streets and Drainage Improvements $ 6,560,000 Park land purchases and park improvements 1,700,000 Fire Stations 3,300,000 ( Airport Improvements 940,000 $ 12,500,000

It is important to note that the resolution itself only references types of projects - streets and drainage improvements, park improvements, airport improvements, and fire station renovation, construction and equipment. The actual projects to be funded and the amount of funding for each project will not be finalized until the certificates of obligation are actually issued.

The City approved a similar resolution for the park land acquisition. That resolution was for an amount not to exceed $2.5 million.

FISCAL IMPACT:

This reimbursement resolution will reduce the City's available cash balances in the short term. However, sufficient cash reserves are available for this action. It will also allow the City to issue debt only one time during the fiscal year for all needs identified by City Council, thus reducing the City's overall cost of issuing debt.

BOARD RECOMMENDATION:

Not applicable

STAFF RECOMMENDATION:

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. (

Finance: ------­ Agenda Item #: --'tt~f't:-.t!:.::;;.)~-­ Attachments: Council Date: February 26, 2007 28

( CERTIFICATE OF CITY SECRETARY

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

THE UNDERSIGNED HEREBY CERTIFIES that:

1. On the 26th day of February, 2007, the City Council.(the Council) of the City of New Braunfels, Texas (the City) convened in regular session at its regular meeting place at the City Hall (the Meeting), the duly constituted members of the Council being as follows:

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

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

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

was introduced and submitted to the Council for passage and adoption. After presentation and discussion of the Resolution, a motion was made by Councilmember ------that the Resolution be fmally passed and adopted. The motion was seconded by Councilmember and carried by the following vote: --voted "For" __ voted "Against'' __ abstained all as shown in the official Minutes of the Council for the Meeting.

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

45870666.1 29

( of the aforesaid public business, including the subject of the Resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551, a5 amended, Texas Government Code.

IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the Council, this 26th day of February, 2007.

City Secretary, City ofNew Braunfels, Texas

(SEAL)

(

45870666.1 2 30

( RESOLUTION NO.-----

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

WHEREAS, the City Council (the Governing Body) of the City ofNew Braunfels, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) (1) constructing street, curb, and sidewalk improvements (including utilities repair, replacement, and relocation) and drainage incidental thereto, (2) constructing drainage utility system improvements, (3) constructing improvements to the City's municipal parks, (4) constructing improvements to the existing municipal airport, (5) renovating, constructing and equipping tire station facilities .for public safety purposes, (6) purchasing materials, supplies, equipment, land, and rights-of-way for authorized needs and purposes relating to the street improvement purposes, drainage system improvement purposes, park system improvements, municipal airport improvements, and ftre station facilities (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the , , Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to ( the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, Engineering Costs, the Architectural Costs, and Administrative Costs collectively constitute costs of the project (the Project)]; and

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

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

WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures is paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an approximate amount of $12,500,000 to finance a portion of the costs of the Project; and ( WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and

45870667.1 31

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

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

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) with respect to the Project from the Issuer's General Fund. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issue of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursement expenditure will be a type properly chargeable to a , capital account (or would be so chargeable with a proper election) under general Federal income ' tax principles.

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

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

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

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

SECTION 8: All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. ( SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. -2- 45870667.1 32

( SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision.

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

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

[The remainder ofthis page intentionally left blank]

(

-3- 45870667.1 33

( PASSED, ADOPTED AND APPROVED on this the 26th day of February, 2007.

CITY OF NEW BRAUNFELS, TEXAS

Mayor ATTEST:

City Secretary

(CITY SEAL)

(

-4- 45870667.1 34

COUNCIL AGENDA ITEM

·- .. ·-· . ·-· -·· ~e.jt;:J~~~-- { ( Resolution Preserving Comal County Courthouse

C.)FtfGf~)~l\T~Nf~ tJEP.t-~F-:r-~.. ~ViEr-~31": City Manager Michael Morrison

'::>:JUf·!C!L !:1/;_TE: February 26, 2007 5(A)

DISCUSS AND CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, SUPPORTING STATE FUNDING FOR THE PRESERVATION OF HISTORIC TEXAS COURTHOUSES.

Preservation of the Comal County Courthouse is critical to our downtown revitalization and the City of New Braunfels encourages the State Legislature to provide adequate funding to protect the historic integrity of county courthouses.

n/a

'' n/a

Staff recommends Council support the Comal County Commissioners' Court in its request to the ao•h Legislature to resolve the funding dilemma of the Texas Historic Courthouse Preservation Program.

(

,.• ;;-,,_·,r.r-r.. • .. ~~.--;..=,<<<~::;- ih·.:,r;:; :H• ------. ·,.. -· ...... ------35

RESOLUTION # 2007- (

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, SUPPORTING STATE FUNDING FOR THE PRESERVATION OF HISTORIC TEXAS COURTHOUSES.

WHEREAS, the Commissioners' Court desires to restore the Comal County Courthouse; and

WHEREAS, the City of New Braunfels, Texas supports the Comal County Commissioners' Court effort to preserve this historical courthouse which is critical to our downtown revitalization; and

WHEREAS, the Texas Historical Commission announced in June 1999 that the Texas Legislature and Gov. George W. Bush had established, through House Bill (HB) 1341, the Texas Historic Courthouse Preservation Program (the "Program"). The Program provides partial matching grants to Texas counties for the restoration of their ~istoric county courthouses. The Program began with a $50 million appropriation for the grants, which were awarded in two rounds. In 2001, legislators approved another $50 million allocation to fund Round Ill grants. In 2003, the 78th Texas Legislature approved the sale of $45 million in bonds to continue the Program;

WHEREAS, the Commissioners' Court, relying on the opportunity to be awarded funding to restore its Courthouse, has · expended time and substantial financial resources in hiring consultants and architects to represent Comal County in complying with the Program to restore its Courthouse; and

WHEREAS, in summer 2005, the 79th Texas Legislature designated $80 million in federal Transportation Enhancement (TE) funds to be expended in this biennium for courthouse preservation projects. Although the Texas Historical Commission contends that all county courthouses have a relationship to surface transportation, specifically that county governments in Texas historically built and maintained the entire local road system and retain a significant role in transportation decision-making today, the Federal Highway Administration (FHWA) does not agree. A "substantial, not incidental, link to surface transportation must be demonstrated for each project on an individual basis," according to FHWA.

NOW, THEREFORE IT IS RESOLVED that the City of New Braunfels, Texas encourages the State Legislature to provide adequate funding to protect and preserve the historic integrity of County Court houses. 37

COUNCIL AGENDA ITEM

SUBJECT Downtown Historic District and Historic Landmark Ordinance Amendments ( MAITER/PROJECT: Frank Robbins/Carola ORIGINATING DEPARTMENT: PLANNING PRESENTER: I,;;.....__Davis ___ COUNCIL DATE: February 26,2007 AGENDA#: __:-.If-~ 13__. ,-..,) __

AGENDA CAPTION: PRESENTATION REGARDING THE HISTORIC LANDMARK COMMISSION'S PRESERVATION INITIATIVES AND GIVE DIRECTION TO STAFF AND COMMISSION.

RATIONALE: Background. The Historic Landmark Commission (HLC) has been working for over two years to improve historic preservation through the creation of historic districts. The first step in this program was an amendment to the landmark ordinance to decrease the threshold for consideration of historic district designation from 100% to 51% of the land in the district. Council passed this amendment in 2006.

The commission has been working since January 2006 on possible district boundaries. Attachments 1 and 2 show two different boundaries the commission has considered. Several public hearings have been held on possible boundaries. The commission continues to work on boundaries.

In the context of this work, the commission is recommending several changes to the historic landmark ordinance. Attachment 3 is a "markup" of the proposed changes. The proposed amendments include:

'1) As an incentive for becoming a part of an historic district, the Historic Landmark Commission has recommended that all property in a historic district be given a 20% property tax exemption. This is similar to San Antonio's incentive.

There was some discussion as to whether vacant land or non-contributing structures (those without historical architectural significance) should be given the tax benefit of being in a district. The HLC voted to give all property the benefit because they would all be regulated.

All property in a designated histori.c district must have an alteration certificate approved by HLC for exterior alterations.

There are two forms of property tax incentives, tax abatement which is decreasing the tax for a specific period of time and tax exemption which has no time limit.

As with a homestead exemption, the property owner must apply with the appraisal district for the exemption.

2) Creating a "fast track" approval process for alterations in the downtown district of less than $50,000. Rather than a 30 day process for review by the full commission, the recommendation calls for a 10 day period and review by the chair, vice chair and historic preservation officer with appeal to the full commission.

3) Replacing an at large member of the commission with a member from a historic district.

4) Calling for review of all demolition permits by the historic preservation officer and a determination as to whether the structure is historically significant within 30 days. If it is, the permit may not be issued and the HLC will review the property for designation as an historic landmark. If they recommend approval, the designation will follow the normal review process to P&Z and Council. If the property owner objects, a 1 3/4 h. vote of the council is necessary to approve. If council approves, the owner may use the existing economic hardship provisions to demolish the building. ,~ ..;>7.s Historical Do~L.own District Formation Survey Results

-11 C'-<1."' ~ "'/'~ " "<(-" -1{/, c§' "

0 100 200 400 I I I I . I I . I I I vo

~------~~------~--~------Historical Dll' ;own District

'It 0-

( ARTICLE II. HERITAGE COMMISSION

Sec. 66-26. Created; members; terms; appointments.

There is hereby established a commission to be known as the New Braunfels Heritage Commission. Such commission shall be composed of seven citizens of the city who are interested in historic preservation and heritage activities. Such commission shall consist of seven members, at least four of whom shall be chosen from a list of names submitted by the New Braunfels Historic Museums Association, Inc., with appointments being made by the city council so that the term of each member of such commission shall be for three years, staggered so that no more than three members shall be appointed each year. (Code 1961, § 2-41.45)

Sec. 66-27. Qualifications for appointment.

In determining the criteria for appointment to the heritage commission, the city council shall consider qualified individuals who have shown an interest in the heritage activities of the city. (Code 1961, § 2-41.46)

~- Sec. 66-28. Officers.

The heritage commission shall elect such officers as the members deem necessary to conduct their business affairs. (Code 1961, § 2-41.47)

Sec. 66-29. Powers and duties.

The heritage commission appointed by the city council shall serve in an advisory capacity to the city council on matters relating to heritage and historic preservation activities, events and projects that will benefit the citizens of the city. The commission shall advise the city council on uses of any funding that may be available from private and/or public sources that will benefit any local heritage activity, project or organization serving the citizens of the city; such advice and/or recommendations onuses of funds shall not be restricted in any manner except bylaw. (Code 1961, § 2-41.48) Sees. 66-30--66-50. Reserved.

ARTICLE Ill. HISTORIC LANDMARK PRESERVATION*

( 43

*Editor's note: Ord. No. 96-9, adopted Feb. 26, 1996, amended art. Ill to read ( as herein set out. Formerly, art. Ill consisted of§§ 66-51--66-61, which pertained to historic landmark preservation and derived from§§ 27-66--27-76 of the 1961 Code. Cross references: Zoning, app. A. State law references: Liability for adversely affecting historic structure or property, V.T.C.A., Local Government Code§ 315.006; state historical commission, V.T.C.A., Government Code§ 442.001 et seq.; state archeological landmarks, V.T.C.A., Natural Resources Code§ 191.091 et seq.

Sec. 66-51. Purpose.

The city council hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the historic district represents the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This article is intended to: ( (1) Protect and enhance the landmarks and districts which represent distinctive elements of New Braunfels' historic, architectural, and cultural heritage; (2) Foster civic pride in the accomplishments of the past; (3) Protect and enhance New Braunfels' attractiveness to visitors and the support and stimulus to the economy thereby provided; (4) Insure the harmonious, orderly, and efficient growth and development of the city; (5) Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city; (6) Encourage stabilization, restoration, and improvements of such properties and their values. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-52. Historic Preservation Commission.

There is hereby created a commission to be known as the New Braunfels Historic Landmark Commission. (a) The commission shall consist of nine members. A minimum of six members shall be residents of the city and the remaining three members may be residents of Comal County or Guadalupe County in the city extraterritorial jurisdiction. The members are appointed, to the extent available in the community, by the city council as follows: ( (1) One person from the Comal County Historical Commission. 44

(2) Three members of the Historic Museums Association. ( :@} Five members at large. (3) Four members-at-large {4) A property owner from any historic district. In addition to the nine appointed members the following persons, or their designated representatives, shall serve as ex officio members: a. The city attorney of the city. b. The city planning director of the city. (b) Voting rights: None of the ex officio members shall have voting power but shall assist the historic landmark commission (hereinafter called "the commission"), in its various functions. (c) Qualifications: Members shall have a known and demonstrated interest, competence, or knowledge in the architectural, archaeological, cultural, social, economic, ethnic or political history of the city. No business or professional interest shall constitute a majority membership of the commission. (d) The commission as a whole shall generally represent the ethnic makeup of the city. (e) Terms of office: The appointed members of the commission shall be identified by place numbers one through nine. Upon the adoption of this article, places one through four shall be appointed to serve two years. Places five through nine shall be appointed to serve four years. After the first term expires, , all terms shall be for four years. No appointed member shall serve more than two consecutive terms. Any vacancy occurring shall be filled by appointment only for the unexpired portion of the term. Any member may be removed by a two-thirds majority vote of the city council after a hearing. (f) The chairman and vice chairman of the commission shall be elected by and from the members of the commission. (g) The commission shall be empowered to: (1) Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission. (2) Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the city council. (3) Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the city council. (4) Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city. (5) Recommend the designation of resources as landmarks and historic districts. (6) Create committees from among its membership and delegate to these committees' responsibilities to carry out the purposes of this article. (7) Maintain written minutes which record all actions taken by the commission and the reasons for taking such actions. (8) Recommend conferral of recognition upon the owners of landmarks or ( properties within districts by means of certificates, plaques, or markers. 45

(9) Increase public awareness of the value of historic, cultural, and architectural ( preservation by developing and participating in public education programs. (1 0) Make recommendations to the city government concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city. (11) Approve or disapprove of applications for alteration certificates pursuant to this act. (12) Prepare and submit annually to the council a report summarizing the work completed during the previous year. (13) Prepare specific design guidelines for the review of landmarks and districts. (14) Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this act and where private preservation is not feasible. (15) Propose tax abatement program(s) for landmarks or districts. (16) Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gifts of value for the purpose of historic preservation, subject to the approval of and final acceptance by the city council. (h) The commission shall meet at least ·monthly, if business is at hand. Special meetings may be called at any time by the chairman or on the written request of any two commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, Section 551, Government Code of the State of Texas. (i) Voting and quorum: The presence of five appointed members constitutes a quorum. No action may be taken on any application without a quorum present. The concurring vote of a majority of members present is necessary to make a motion or decision valid. (Ord. No. 96-9, §I, 2-26-96; Ord. No. 2005-53, § 1, 6-27-05) Cross references: Administration, ch. 2.

Sec. 66-53. Appointment of Historic Preservation Officer.

The city council, upon recommendation of the historic landmark commission, shall designate a qualified city official or staff person to serve as historic preservation officer. This officer shall administer this article and advise the commission on matters submitted to it. The officer is also responsible for coordinating the city's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-54. Designation of historic landmarks.

(a) These provisions pertaining to the designation of historic landmarks constitute a part of the comprehensive zoning plan of the city. Each historic landmar!{ shall bear the words "Historic Landmark" (HL) in its zoning designation. ( Such desig:1ation shall ind1cate that such property is subject to the terms of th:s 46

article; however, with regard to site plans, uses; setbacks, and other ( development land use regulations, such property shall be governed by its zoning district. (b) A historic landmark shall be considered by the commission with the written application of the property owner expressly requesting that the property be so designated or in accordance with Section 66-60. Property owners of proposed historic landmarks shall be notified prior to the commission hearing on the recommended designation. At the commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark. (c) Upon recommendation of the commission, the proposed historic landmark shall be submitted to the planning and zoning commission within 30 days from the date of submittal of designation request. The planning and zoning commission shall give notice and conduct its hearing on the proposed designation within 45 days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the city. The planning and zoning commission shall make its recommendation to the city council within 45 days subsequent to the hearing on the proposed designation. (d) The city council shall schedule a hearing on the commission's recommendation to be held within 45 days of receipt of the recommendation of the planning and zoning commission. The city council shall give notice, follow the ( publication procedure, hold hearing, and make its determination in the same manner as provided in the general zoning ordinance of the city. (e) Upon designation of a building, object, site, or structure as a historic landmark or district, the city council shall cause the designation to be recorded in the ·official Public Records of Real Property of Comal County, the tax records of the city and the Coma I Appraisal District as well as the official zoning maps of the city. (Ord. No. 96-9, §I, 2-26-96; Ord. No. 2005-53, § 2, 6-27-05)

Sec. 66-55. Designation of historic districts.

(a) These provisions pertaining to the designation of historic districts constitute a part of the comprehensive zoning plan of the city. Such districts shall bear the words "Historic Overlay" (HO) in their zoning designation. Such designation and the requirements thereof shall be in addition to any other zoning district designation or requirement established in the city zoning ordinance and in this article. All zoning maps shall reflect the historic district by the letters "HO" as a suffix to the zoning district(s) shown on the map. (b) Any person, the planning and zoning commission, the planning director, the historic preservation officer, the historic landmark commission, or the city council m2y initiate an historic dist;ict designation by filing an application with the historic ( presePtation officer. ./),, district shall consist of a minimum of two contiguous 47

properties. To be considered by the commission, application for historic district ( designation must have the concurrence of the property owners representing 51 percent of the property or51 percent of the property owners within the proposed district expressly requesting that the district be so designated. Property owners within a proposed historic district shall be notified prior to the commission hearing on the recommended designation. At the commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district. (c) The commission may recommend the designation of a district if it: (1) Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and (2) Constitutes a distinct section of the city. (d) Upon recommendation of the commission, the proposed historic district shall be submitted to the planning and zoning commission within 30 days from the date of submittal of designation request. The planning and zoning commission shall give notice and conduct its hearing on the proposed designation within 45 days of receipt of such recommendation from the commission. Such ~earing shall be in the same manner and according to the same procedures as specifically provided in the general zoning ordinance of the city. The planning and zoning commission shall make its recommendation to the city council within •' 45 days subsequent to the hearing on the proposed designation. (e) The city council shall schedule a hearing on the commission's recommendation to be held within 45 days of receipt of the recommendation of the planning and zoning commission. The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning ordinance of the city. (f) Upon designation of a historic district the city council shall cause the designated boundaries to be recorded in the Official Public Records of Real Property of Comal County, the tax records of the city and the Comal Appraisal District as well as the official zoning maps of the city. (g) Downtown Historic District (1) The boundaries of the downtown historic district are as shown on exhibit B. The boundaries of the district shall be shown on the city zoning maps. (2) Within the Downtown Historic District. for projects requiring a certificate of alteration in accordance with the chapter whose total construction cost is less than $50,000, the certificate may be approved by a majority vote of the Historic Landmark Commission Chairman, Vice Chairman and the Historic Preservation Officer. A special called meeting of these officials at which the application will be considered shall be posted at least 72 hours before the meeting. These officials may approve the certificate, approve it with conditions, deny it. or for any reason refer it to the full Commission. These officials shall meet and consider the application within 10 working days of the application. Failure to meet during this time sha!l not mean the corticated of alteration is approved. Denial of the Certif:cate of Altemtion may be appealed to the full Commission. ( 48

(Ord. No. 96-9, §I, 2-26-96; Ord. No. 2005-53, §§ 3, 4, 6-27-05) ( Sec. 66-56. Criteria for the designation of historic landmarks and districts.

A historic landmark or district may be designated if it meets at least one of the following criteria: (1) Possesses significance in history, architecture, archeology, or culture. (2) Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. (3) Is associated with the lives of persons significant in our past. (4) Embodies the distinctive characteristics of a type, period, or method of construction. (5) Represents the work of a master designer, builder, or craftsman. (6) Represents an established and familiar visual feature of the neighborhood or city. (Ord. No. 96-9, §I, 2-26-96)

Sec. 66-57. Alteration certificates for alteration or new construction affecting landmarks or historic districts.

No person shall carry out any exterior alteration, restoration, reconstruction, new construction, removal or relocation of any city designated historic landmark or on any property within a city designated historic district which may affect the ( appearance and cohesiveness of any historic landmark or any property within a historic district without first obtaining an alteration certification authorizing the change. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-57.1. Tax incentive. ( (a) Purpose. To promote and protect the rich heritage of the City of New Braunfels, and to encourage the designation of structures as historic landmarks, this section of the City of New Braunfels' Historic Preservation Ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s) that are designated as historic landmarks by the city. (b) Tax relief. From the date of passage of this section, the owner of property (structure and land) having historic, architectural, and cultural significance, and so designated as a historical landmark by the city's historic landmark commission, planning commission, and city council, shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutiva five-y9ar periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth ( )2.':-lr of th·e origi~al request. \iVhether th!= application is for consecuti\.··e or future 49

periods each request shall be considered separately and must qualify as outlined ( below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the city's historic landmark commission with a recommendation to the New Braunfels City Council for final action. If requested, the historic preservation officer may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section 66-54 in the New Braunfels Code of Ordinances. (c) Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s), renovation(s), or restoration(s) to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Carnal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax. year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Carnal or Guadalupe Appraisal District shall cause said improvement(s), renovation(s), or restoration(s) to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Carnal or Guadalupe Appraisal (__ District as the new property value. However, said improvement(s), renovation(s), or restoration(s) shall not cause the value of the property to be less than the present.value prior to completion of the work. (d) Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: ( 1) Structural walls; (2) Structural subfloors; (3) Structural ceilings; (4) Exterior doors; (5) Exterior paint (consistent with those colors available during the time period the structure was built); (6) Mechanical equipment; (7) Windows; (8) Exterior brick veneers or treatments; (9) Plumbing; (1 0) Electrical wiring; ( 11) Roof and gutter where necessary for structural integrity; (12) Facade items; ( ('i 2,) ElevJtors; 50

(14) Foundations; ( (15) Termite damage and treatment; ( 16) Security and/or fire protection systems; (17) Architectural and engineering services if directly related to the eligible costs described above; (18) Plumbing and electrical fixtures documented as historic fixtures; and (19) Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. (e) Ineligible costs. Ineligible costs include the following: ( 1) Overhead; (2) Taxes; (3) Supervisor payroll; (4) Repairs of construction equipment; (5) Tools; and · (6) Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. (Ord. No. 98-25, §I, 9-14-98)

Sec. 66-58. Criteria for approval of an alteration certificate.

In considering an application for an alteration certificate, the commission shall be guided by any adopted design guidelines, and where applicable, the following from the secretary of the interior's standards for the rehabilitation of historic ( buildings. Any adopted design guidelines and secretary of the interior's standards shall be made available to the property owners of historic landmarks or within historic districts. (1) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment. (2) The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed when possible. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (3) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible. (6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall reflect the mat~:rial being replaced in comp'.lsition, design, color, texture, and ( other visua: quaHL2s. Repair or replacement of missina archi·t~cturai feature;, 51

should be based on accurate duplications of features, substantiated by historical, ( ------p-nysicaf,-or-pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. (8) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project. (9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. (1 0) Wherever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. (Ord. No. 96-9, §I, 2-26-96)

Sec. 66-59. Alteration certificate application procedure.

,, (a) Prior to the commencement of any work requiring an alteration certificate. the owner shall file an application for such a certificate with the commission. The - application shall be accompanied by a filing fee as set forth by the city council. l -- The application shall contain: (a) Prior to the commencement of anv work requiring an alteration certificate. the owner shall file an application for such a certificate with the commission. The application shall be accompanied by a $25 filing fee. (1) Name, address, telephone number of applicant, detailed description of proposed work. (2) Location and photograph of the property and adjacent properties. (3) Elevation drawings of the proposed changes, if available. (4) Samples of materials to be used. (5) If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign's location on the property. (6) Any other information which the commission may deem necessary in order to visualize the proposed work. (b) No building permit shall be issued for such proposed work until an alteration certificate has first been issued by the commission. The alteration certificate required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the city. (c) The commission shall review the application at a regularly scheduled meeting within 30 days r:-om the date tht~ appiic:ttion is received, at which timE; an ( opportunity will be ;xovided for the applicant to be heard. The ccr·.1missL:;n shail 52

approve, deny, or approve with modifications the application within 30 days after ( the review meeting. In the event the commission does not move to consider the application within 60 days of its receipt, the application shall be granted. (d) All decisions of the commission shall be in writing. The commission's decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate city departments, e.g., building inspection. · (e) An applicant for an alteration certificate dissatisfied with the action of the commission relating to the issuance or denial of an alteration certificate shall have the right to appeal to the city council within 30 days after receipt of notification of such action. The city council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-60. Demolition.

(A) Designated Historic Landmarks or Historic Districts ; A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the (building inspector or other city official) without the review of a completed application for an alteration certificate by the commission, as provided for in sections 66-57, 66- 58 and 66-59 of this article. (b) Significant sites and structures; (1 )All applications for permits to demolish. buildings. objects. sites. or structures not included under section above shall be referred to the City Historic Preservation Officer for the purpose of determining whether or not the building. object. site. or structure may have historical. cultural. architectural. or archaeological significance. (2.) The City Historic Preservation Officer shall make such determination within thirty (30) days after receipt of the completed demolition permit application and · shall notify the Building Official Supervisor in writing. If the building. object. site. or structure is determined to have no cultural. historical. architectural. or archaeological significance. a demolition permit may be issued immediately. provided such application otherwise complies with all City Code requirements. (3) If said building. object. site. or structure is determined by the City Historic Preservation Officer to have historical significance. the demolition permit shall not be issued and the Historic Preservation Officer shall make such information available to the Historic Landmark Commission for review and recommendations as to whether it should be designated a historic landmark. If the Commission concurs on the significance. the Commission shall recommend to the City Council that the building. object. site. or structure be designated. as appropriate, an Exceptional or Significant Historic 'and mark. (.~n The erocedures and criteria for desiqnation i~ Sections 66-54, 66-55, and e·?.: ( 56 s~~ll be followed for this ·~:~·~.Pe o·f \;i:~sign;;;tion. 53

(5) If the property owner objects to the designations. a% vote of the entire City ( Council shall be required for historic designation of property in question.

(Ord. No. 96-9, § I, 2-26-96)

Sec. 66-61. Economic hardship application procedure.

(a) After receiving written notification from the commission of the denial of an alteration certificate, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that hardship exists. (b) When a claim of economic hardship is made due to the effect of this article, the owner must prove that: (1) The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; (2) The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and (3) Efforts to find a purchaser interested in acquiring the property and preserving it have failed. (c) The applicant shall consult in good faith with the commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the commission. ( (d) The commission shall hold a public hearing on the application within 60 days from the date the application is received by the historic preservation officer. Following the hearing, the commission has 30 days in which to prepare a written recommendation to the historic preservation officer. In the event that the commission does not act within 90 days of the receipt of the application, the application shall be granted. (e) All decisions of the commission shall be in writing. A copy shall be sent to · the applicant by registered mail and a copy filed with the city clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. (f) An applicant for an alteration certificate dissatisfied with the action of the commission relating to the issuance or denial of an alteration certificate shall have the right to appeal to the city council within 30 days after receipt of notification of such ~ction. The city council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-62. Enforcement.

All work performed pursuant to an alteration certificate issued under this article s;:all con7orm to any requirements incll;ded th·2rein. it shall be the duty of the ( buik.i:11g inspector to inspect perioai:.·3lly ar;J such vtork to assure compliance. In 54

the event work is not being performed in accordance with the alteration certificate ( or upon notification of such fact by the commission and verification by the building inspector, the building inspector shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. This section shall not preclude any other lawful enforcement remedies available to the city. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-63. Ordinary maintenance.

Ordinary repair or maintenance which does not involve changes in exterior architectural features and which does not otherwise affect the historical value or style may still require a building permit, but shall be exempt from the requirements of an alteration certificate. Exterior architectural feature is construed to include, but is not limited to, architectural style and general arrangement of such portion of the exterior of a structure as is desired to be open to view from a public way. In-kind replacement or repair is included in this definition of ordinary maintenance.

Requests for permits for repair or maintenance of a landmark or property which is a city designated historic landmark or within a city designated historic district shall be reviewed and approved by the historic preservation officer prior to issuance of the permit in order to determine whether an alteration certificate is required. (Ord. No. 96-9, §I, 2-26-96)

Sec. 66-64. Demolition by neglect.

No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

Examples of such deterioration include, but are not limited to: ( 1) Deterioration of exterior walls or other vertical supports. (2) Deterioration of roofs or other horizontal members. (3) Deterioration of exterior chimneys. (4) Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors. (5) Deterioration of any feature so as to create a hazardous condition which could lead to the claim U1at demolition is necessa:y for tha public safety. ( (Ord. ~·lo. 96-9, § I, 2-26-96) 55

( Sec. 66-65. Procedure for requesting public ownership or control of historic landmarks.

If the commission finds that a designated historic landmark site, land or area (or one which is eligible for designation), cannot be preserved without acquisition, the commission shall recommend to the city council that the fee or lesser interest of the property in question be acquired by gift, devise, purchase, eminent domain or otherwise, pursuant to the city Charter and state and federal law. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-66. Right to remove or demolish after denial by city council.

When both the commission and the city council have refused to grant a permit to demolish a historic landmark, the owner or applicant of the landmark may remove or demolish such landmark provided that: (1) The owner has for a period of 120 days, made a bona fide offer to sell such landmark and the land pertaining thereto to any person, group, corporation, political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve and restore the landmark and the land pertaining thereto. (2) No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark or the land pertaining thereto prior to the expiration of the applicable 120-day period. (Any appeal which may be taken (___ to the court from the decision of the city council, whether instituted by the owner or other proper party, shall not affect the right of the owner to make a bona fide offer to sell.) (3) The offer to sell shall officially begin within 90 days after the final decision of the city council and shall continue for the aforesaid subsequent 120-day period. (4) The offering price shall be for the fair market value. For the purpose of this article "fair market value" shall be considered as the value as rendered or established for ad valorem tax purposes. (5) The offer to sell shall officially begin only after a notice and offer to sell has appeared in a newspaper having general circulation in the city and a certified copy of this offer has been filed with the building official of New Braunfels. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-67. Amending/rescinding of historic designation.

A landmark or district designated as historic may be amended or rescinded in the same manner as the original designation was made. (Ord. No. 96-9, § I, 2-26-96)

Sec. 66-68. Penalties.

(a) Any person, f~rm or iPdividual who shall violate any of the provisions of this ( articie shall L2 guilt~· of a m;:,:;demesnor, and upon convicticn shall be fined in a 56

sum not exceeding $500.00, and each and every day's violation shall constitute a ( separate and distinct offense. (b) In addition to other remedies, any city official or his duly authorized representative, may institute any appropriate action or proceeding to prevent such unlawful construction, restoration, demolition, razing or maintenance or to prevent any illegal act or business in and about such premises, including, but not limited to, injunctive relief. (Ord. No. 96-9, §I, 2-26-96)

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( 57

COUNCIL AGENDA ITEM

( ~~~~~~;PROJECT: Discussion and Action- Alves Lane Culverts ORiGINATING DEPARTMENT: Public Works PRES[SNTER: Michael G. Short COUNCIL DATE: February 26, 2007 AGENDA#: S(P-)

P.GENDA CAPTION: DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE CONSTRUCTION OF CULVERTS COMMON TO ALVES LANE AND THE HOPKINS SUBDIVISION AND A BUDGET TRANSFER IN THE 2004 CERTIFICATE OF OBLIGATION CAPITAL IMPROVEMENT FUND.

RATIONALE: Todd Burek the owner of the Hopkins Subdivision has requested the City to consider the funding of culvert improvements common to Alves Lane in an amount not to exceed $49,500. The Hopkins Subdivision along with the Oeklers Subdivision Unit 2 (planned concurrently) is designed with the intent to provide for fully developed conveyance of the 100-yr storm event through the subdivisions. The designed conveyance system will significantly raduce the potential flooding conditions common to the existing Oeklers Subdivision Unit 1. The proposed conveyance system includes upgrading the existing culverts common to Alves Lane.

The City's Drainage Master Plan (CH2MHill 2003) identified the need for the Alves Lane Seminole Drive Drainage Improvements (inclusive of the proposed culverts). The project is listed in the 5-Year CIP with a tentative schedule for funding FY 2008-09. The initial project was intended to provide conveyance for the 25-year storm event in and effort to improve known flooding conditions along Alves Lane across Oelkers Drive. The cost of the proposed improvements in 2003 where estimated at $470,000. The proposed drainage improvements being provided by both the Oeklers Subdivision Unit 2 and Hopkins Subdivision including the Alves Lane culverts reduce the initial estimated Master Plan project costs by an estimated $120,000.

fiSCAL IMPACT: A budget transfer is required to fund this project. The project could be funded from contingency funds appropriated in the 2004 Certificate of Obligation. These funds come from interest earnings generated from the fund. Should Council approve this allocation for $49,500 $144,418 would remain in contingencies.

BOARD RECOillHV.IENfJATION: Not applicable

~T AFfF RECO!\..IliVIE~~Dt\TIO_M: Staff recommends: 1) Council to authorize the City Manager to enter into an agreement with Todd Burek for the construction of culverts common to Alves Lane and the Hopkins Subdivision. 2) Approval of the following budget transfer: From: 2004 C of 0 Capital Improvement Fund Contingencies in the amount of $49,500 To: 2004 C of 0 Capital Improvement Fund Alves Lane Culvert Project in the amount of $49,500

( 58

COUNCIL AGENDA ITEM

SUBJECT Ordinance Regarding Life Jackets and Flotation Devices ( MATTER/PROJECT: ORIGINATING DEPARTI1,1lENT: Legal PRESENTER: Paul Isham

COUNCIL DATE: February 26,2007 AGE!\!DA#:

AGENDA CAPTION:

SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING A NEW SECTION 86-15 REQUIRING LIFE JACKETS ON CERTAIN PUBLIC WATERWAYS; AND A NEW SECTION 86-16 RESTRICTING CERTAIN TYPES OF FLOTATION DEVICES ON THE RIVERS; ESTABLISHING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

The City Council has appointed a River Activities Committee and the Committee has recommended that the City require the use of life jackets by certain individuals on the waterways within the city limits and to restrict the types of flotation devices that can be on the rivers in order to protect the health, safety and welfare of its citizens and visitors. The regulations concerning life jackets on the Guadalupe River were set out in the settlement of a lawsuit against the City and others in 1996.

fiSCAL IMPACT: ' n/a

BOARD RECOMMEND/-\TI0!\1:

The River Activities Committee recommends Council approve the ordinance.

Staff recommends Council approve the ordinance.

(

Finance: ______,~- Agenda Item #: _!::...... :.S....._.Q...,.;:.D_J_=­ 7 Attachmenl:s: V Council Date: .2-2·f. -07 59

( ORDINANCE NO. 2001· AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; AMENDING CHAPTER 86 OF THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING A NEW SECTION 86-15 REQUIRING LIFE JACKETS ON CERTAIN PUBLIC WATERWAYS; AND A NEW SECTION 86-16 RESTRICTING CERTAIN TYPES OF FLOTATION DEVICES ON THE RIVERS; ESTABLISHING A PENALTV; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels is a home rule municipality given broad discretionary powers under the Texas Constitution to regulate for ·the public peace, health, safety and general welfare of its citizens; and

' WHEREAS, the City Council of the City of New Braunfels finds that waterways ( and recreational areas are a vital and integral part of a municipalities health and general welfare; and

WHEREAS, the City Council has appointed a River Activities Committee and the Committee has recommended that the City require the use of life jackets by certain individuals on the waterways within the city limits and to restrict the types of flotation devices that can be on the rivers in order to protect the health, safety and welfare of its citizens and visitors;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 9F THE CITY OF NEW BRAUNFELS, TEXAS: I.

That Chapter 86 of the Code of Ordinances for the City of New Braunfels, Texas, is hereby amended by adding Section 86-15 which shall hereinafter read ( as follows:

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Sec. 86-15. Use of life jackets on rivers.

(a) It shall be unlawful for any person under eight (8) years of age to enter, be on, or in the public waters of the portions of the Guadalupe River and Comal River that lie within the city limits without a life jacket. (b) It shall be unlawful for any person over seven (7) years of age and under 18 ·. years of age to enter, be on, or in the public waters of the portion of the Guadalupe River that lies within the city limits without a life jacket when the flow of the river is above 500 cubic feet per second ("cfs"). (c) It shall be unlawful for any person, regardless of age, to enter, be on, or in the public waters of the portion of the Guadalupe River that lies within the city limits without a life jacket when the flow of the river is above 750 cfs. (d) It shall be unlawful for any person, regardless of age, to enter, be on; or in the public waters of the portion of the Guadalupe River that lies within the city limits in an inner tube or other flotation device, other than a six-man raft, when the flow of the river is above 1, 000 cfs. (e) Outfitters shall provide information to their customers concerning the requirements for life jackets on the Guadalupe River and the Comal River, In addition, outfitters shall post the following notice at their place of business so that it is clearly visible to customers as they engage in the rental transaction:

THE GUADALUPE IS A NATURAL RIVER. THERE ARE MANY HAZARDS IN THE RIVER INCLUDING ROCKS, RAPIDS, TREES, WATERFALLS, AND WILDLIFE. THE RIVER IS MORE HAZARDOUS AS FLOW INCREASES ABOVE 300 CFS. TODAY'S FLOW RATE IS ___

A LIFE JACKET IS REQUIRED AT ALL TIMES FOR ALL PERSONS UNDER THE AGE OF 8. A LIFE JACKET IS REQUIRED OF PERSONS OVER THE AGE OF 7 AND UNDER 18 WHEN THE FLOW RATE IS ABOVE 500 CFS. LIFE JACKETS ARE REQUIRED OF ALL PERSONS WHEN THE FLOW RATE IS ABOVE 750 CFS. THE RIVER SHALL NOT BE FLOATED IN AN INNER TUBE OR

2 62

(2) Inflatable Device: Inner tube or recreational round tube not ( exceeding four feet (4') in diameter. Also, inflatable canoes, kayaks, or maximum six-person rafts not exceeding eighteen feet (18') in length.

Vessels or inflatable devices operated by or under the supervision of. the City's Police Department or Parks and Recreation Department are exempt from the provisions of this Section.

Ill.

Any person who shall violate any provision of Sections 86-15 or 86-16 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500.00. IV.

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

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

This Ordinance shall become adopted and effective ten (1 0) days after the date of publication in a newspaper pursuant to the Charter of the City of New Braunfels.

PASSED AND APPROVED: First reading this the __ day of January 2007. PASSED AND APPROVED: Second reading this the day of February 2007. (

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c CITY OF NEW BRAUNFELS, TEXAS By: ______R. BRUCE BOYER, Mayor

· ATTEST:

MICHAEL A RESENDEZ, City Secretary

APPROVED AS TO FORM:

.. PAUL C. ISHAM, Interim City Attorney

(

5 64

COUNCIL AGENDA ITEM

( SUBJECT CONTINUATION OF PUBLIC HEARING AND FIRST READING OF AN MATTER/PROJECT: ORDINANCE REGARDING ROADWAY IMPACT FEES AND POLICY ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK ROBBINS

COUNCIL DATE: FEBRUARY 12, 2007 AGENDA#:

AGENDA CAPTION: CONTINUATION OF PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING A NEW CHAPTER 100 "ROADWAY IMPACT FEES" AND DECLARING AN EFFECTIVE DATE.

RATIONALE: State law requires that a public hearing be held before adoption or approval of impact fees. Council set the date for the public hearing on January 8, 2007. Council approved the land use assumptions (growth forecasts} and the roadway impact fee capital improvement plan on January 8, 2007.

• The Roadway Impact Fee Advisory Committee met on January 24, 2007 and recommended to Council that the attached impact fees be adopted and that a set of policy issues be incorporated into the roadway impact fee ordinance. ·· ...... Fees. See attachment 1. Maximum allowable fees have been calculated and are shown on attachment 1.The Committee recommends that the maximum fee be decreased so that the maximum fee for a house or the ,equivalent of a house in any study area not be more than $1500. If the maximum fee for a house or its equivalent was is less than $1500, the maximum fee would be used. For instance the fee for a house in Study Area 6 would be $1500 and for Study Area 2 it would be $167.

The Committee recommends setting the fee for the Recreational, Institutional, and Medical categories at 0.

For the Lodging and Commercial categories the Committee recommends that the equivalent of a single family house ($1500 and about 1 trip at the peak hour} be cut in half.

Please see the right hand columns on attachment 1 for the percentage of the maximum fee for all land use categories and study areas.

Policy. 1. Credit. State law requires a credit for developer dedication of ROW or construction of a roadway improvement that adds capacity to the system. • Construction. The committee recommends that the credit for construction be made on a dollar for dollar basis at the time of construction the value of the construction being approved by the Director of - Public Works. • ROW. The credit value of ROW dedicated would be made at the time of dedication based on the greater of appraisal district's value of the land or as determined by an appraiser hired by the city and paid for by the applicant in the same manner abandoned ROW value is determined.

2. Effective date. The effective date of the ordinance would be April1, 2007, about one month from second reading of the ordinance on February 26, 2007.

3. "Grandfathering". State law forbids collecting for one year the impact fee for a building permit in a subdivision that was platted before the impact fee ordinance passed. For plats submitted after the effective date or for building where platting is not required, fees may be assessed at the time of platting and collected at ( building permitting. The committee does not recommend "grandfathering" beyond the terms of state law. Finance: Agenda Item #: -!!!ooL(.~if£ _,~--.. ) Attachments: Council Date: February 26, 2007 65

4. Redevelopment. a. If a building were torn down and rebuilt, there would not be a fee. b. If a building permit were applied for where there is an existing development and that change ( would be to a use that generated more traffic, there would be an impact fee for the difference between the existing use and the new use. c. There would be no impact fee for a simple change of occupancy for an existing building where there was no building permit even if the new use generated more traffic.

5. Affordable Housing. There would be no impact fee for a qualified HUD affordable housing development.

6. Appeal and variance. An appeal of interpretation of the ordinance or a variance to it would be heard by the City Council with a $250 fee.

7. Roadway Impact Fee Advisory Committee. After the effective date, P&Z would become the Advisory Committee as they are now for water and wastewater impact fees. Updates that may soon be heard for annexed areas and for six months reports would be considered by P&Z for report to Council.

FISCAL IMPACT: Additional revenue for the construction of roadways.

BOARD RECOMMENDATION: The Roadway Impact Fee Committee recommends approval.

STAFF RECOMMENDATION: Approval.

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U:\Pianning\CCagenda\Road Impact Fees\Road Impact fees and ord 012907.doc

Finance: Agenda Item#: ------Attachments: Council Date: February 26, 2007 ( Land Use Category ITEl . Use C Impact Fee By Percentage of the MaXImum

SA2 SA3 SAS SA6 PORT AND TERMINAL Truck Tenninal 03! 100.00% 58.12% 25.31% 12.83% INDUSTRIAL General Light Industrial I I( 100.00% 58.11% 25.30% 12.83% General Heavy Industrial 12( 100.00% 58.15% 25.31% 12.83% Industrial Park 13( 100.00% 58.12% 25.31% 12.83% Warehousing 15( 100.00% 58.13% 25.30% 12.83% Mini-Warehouse 15f 100.00% 58.13% 25.29% 12.82% RESIDENTIAL Single-Family Detached Housin~ 21( 100.00% 58.12% 25.31% 12.83% Apartment/Multi-family 22( 100.00% 58.14% 25.32% 12.83% Residential Condominium!Townhome 23( 100.00% 58.Q9% 25.30% 12.82% Mobile Home Park 24( 100.00% 58.13% 25.30% 12.83% Assisted Living 254 100.00% 58.19% 25.33% 12.84% LODGING Hotel 310 49.21% 29.04% 12.65% 6.41% Motel I Other Lodging Facilities 32(f 50.00% 29.02% 12.64% 6.41% RECREATIONAL Driving Range 432 0.00% 0.00% 0.00% 0.00% Golf Course 430 0.00% 0.00% 0.00% 0.00% Health/Rec. Clubs and Facilities 495 0.00% 0.00% 0.00% 0.00% Ice Rink 465 0.00% 0.00% 0.00% 0.00% Miniature Golf 431 0.00% 0.00% 0.00% 0.00% Multiolex Movie Theater 445 0.00% 0.00% 0.00% 0.00% Racquet I Tennis Club 491 0.00% 0.00% 0.00% 0.00% INSTITUTIONAL Church 560 0.00% 0.00% 0.00% 0.00% Day Care Center 565 0.00% 0.00% 0.00% 0.00% Primary/Middle School (1-8) 522 0.00% 0.00% 0.00% 0.00% High School (9-12) 530 0.00% 0.00% 0.00% 0.00% Jr I Community College 540 0.00% 0.00% 0.00% 0.00% University I College 550 0.00% 0.00% 0.00% 0.00% MEDICAL Clinic 630 0.00% 0.00% 0.00% 0.00% Hospital 610 0.00% 0.00% 0.00% 0.00% Nursing Home 620 0.00% 0.00% 0.00% 0.00% OFFICE Corporate Headquarters Building 714 100.00% 58.12% 25.31% 12.83% General Office Building 710" 100.00% 58.13% 25.31% 12.83% Medical/Dental Office 720 100.00% 58.12% 25.31% 12.83% Single Tenant Office Building 715 100.00% 58.12% 25.31% 12.83% Office/Business Park 750 100.00% 58.13% 25.31% 12.83% COMMERCIAL Automobile Related Automobile Care Center 942 50.00% 29.07% 12.66% 6.42% Automobile Parts Sales 843 49.86% 29.07% 12.66% 6.42% Gasoline/Service Station 944 50.00% 29.o?% 12.66% 6.42% Gasoline/Service Station w/ Conv Market 945" 49.57% 29.05% 12.65% 6.41% Service Station w/ Conv Market and Car Wash 946 49.57% 29.07% 12.66% 6.42% New and Used Car Sales 841 49.78% 29.06% 12.66% 6.41% Quick Lubrication Vehicle Center 941 50.15% 29.06% 12.65% 6.41% Self-Service Car Wash 947 50.00% 29.11% 12.68% 6.43% Tire Store 848 50.13% 29.07% 12.66% 6.42% Dining Fast Food Restaurant with Drive-Thru 934 50.00% 29.06% 12.65% 6.42% Fast Food Restaurant without Drive-Thru 933 50.00% 29.06% 12.66% 6.41% Hi~h Turnover (Sit-Down) Restaurant 932 50.10% 29.06% 12.66% 6.41% Sit Down Restaurant 931 50.00% 29.06% 12.65% 6.41% Other Retail Free-Standing Retail Store 815 49.87% 29.06% 12.65% 6.41% Garden Center (Nursery) 817 50.18% 29.07% 12.66% 6.42% Home lmorovement Superstore 862 50.27% 29.05% 12.65% 6.41% Phannacy/Dru~store 881 49.89% 29.06% 12.65% 6.42% Shopping Center 820 50.00% 29.07% 12.66% 6.42% Supennarket 850 50.00% 29.06% 12.66% 6.42% Toy/Children's Superstore ( 864 50.00% 29.06% 12.65% 6.41% Video Rental Store 896 50.00% 29.06% 12.66% 6.42% SERVICES Bank (Walk-In) 911 100.00% 58.12% 25.31% 12.83% Bank (Drive In) 912 100.00% 58.12% 25.31% 12.83% ,---...,, ~ '~' Impact Fee CIP

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( ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING THE CITY OF NEW BRAUNFELS CODE OF ORDINANCES BY ADDING A NEW CHAPTER 100 "ROADWAY IMPACT FEES;" REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDJ:NG A SEVERABJ:LITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, Texas Local Government Code, Chapter 395, and its successors, authorizes home-rule cities to enact and impose impact fees on land within their corporate boundaries as charges and assessments imposed against new development in order to generate revenue for funding and recouping the costs of new development; and

WHEREAS, the City Council has appointed a Roadway Impact Fee Advisory Committee to advise and assist the city in adopting land use assumptions and a roadway impact fee capital improvement plan for the purpose of adopting a roadway impact fee; and

WHEREAS, the City has held the required-public hearings and received public input concerning the adoption and implementation of roadway impact fees; and

( WHEREAS, the City adopted roadway impact fee land use assumptions and a roadway fee capital improvement plan; and

WHEREAS, the City has hired Kimley-Horn and Associates, Inc. and it has prepared the 2007 Roadway Impact Fee Study;

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

SECTION 1: That the New Braunfels Code of Ordinances is hereby amended by adding a new Chapter 100 "Roadway Impact Fees" which shall hereinafter read in its entirety as presented in Attachment "A" which is incorporated herein.

SECTION 2: This ordinance shall be and is hereby declared to be cumulative to all other ordinances of the City of New Braunfels, and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those provisions shall be and they are hereby repealed. ( 69

SECTION 3: If any provision of this ordinance or the ( application thereof to any person or circumstance is held invalid, unconstitutional or void, such invalidity, unconstitutionality, or voidness shall not affect other provisions or applications of the ordinance which can be given effect without the invalid, unconstitutional, or void prov1s1on or application, and to this end the provisions of this ordinance are declared to be severable.

SECTION 4: This ordinance shall take effect upon the second and final reading of the same.

PASSED AND APPROVED: First reading this the ____ day of 2007. -----'

PASSED AND APPROVED: Second reading this the ____ day of -----' 2007.

CITY OF NEW BRAUNFELS

BRUCE BOYER, Mayor

ATTEST:

MICHAEL RESENDEZ, City Secretary

APPROVED AS TO FORM:

PAUL C. ISHAM, Interim City Attorney

( 70

(

CHAPTER 100: ROADWAY IMPACT FEES

TABLE OF CONTENTS

Article I. General Provisions

100.01 Short title 100.02 Intent 100.03 Statutory authorization 100.04 Definitions 100.05 Applicability of impact fees 100.06 Impact fees as conditions of development approval 100.07 Establishment of roadway service areas 100.08 Service units 100.09 Impact fees per service unit 100.10 Updates to plan and revision of fees

Article II. Impact Fees; Use of Proceeds

100.11 Assessment of impact fees 100.12 Calculation of impact fees 100.13 Collection of impact fees 100.14 Offsets and credits against impact fees 100.15 Exemptions 100.16 Establishment of accounts and records 100.17 Use of proceeds of roadway impact fee accounts

Article III. Administration and Enforcement

100.18 Appeals 100.19 Refunds 100.20 Advisory Committee 100.21 Agreement for capital improvements 100.22 Impact fees as additional and supplemental regulation 100.23 Relief procedures ARTICLE I. GENERAL PROVISIONS

§ 100.01 SHORT TITLE.

This chapter shall be known and cited as the City of New Braunfels Roadway Impact Fee Ordinance.

§ 100.02 INTENT. ( 71

This chapter is intended to impose roadway impact fees, as established in this ( chapter, in order to finance public facilities, the demand for which is generated by new development in the designated service area or areas.

§ 100.03 STATUTORY AUTHORIZATION.

The city is authorized to enact this Chapter by Texas Local Government Code, Ch. 395, and its successors, which authorizes home-rule cities to enact or impose impact fees on land within their corporate boundaries as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development and by the City Charter. The provisions of this Chapter shall not be construed to limit the power of the city to adopt the Chapter pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Chapter. Guidelines may be developed by resolution or otherwise to implement and administer this Chapter.

§ 100.04 DEFINITIONS.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSESSMENT. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Chapter.

BUILDING PERMIT. Written permission issued by the City for the construction, repair, alteration or addition to a structure.

CAPITAL CONSTRUCTION COST OF SERVICE. Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees and expert witness fees) and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Plan who is not an employee of the City.

CAPITAL IMPROVEMENTS PROGRAM (CIP). Plan which identifies roadway capital improvements or roadway facility expansions pursuant to which impact fees may be assessed.

City. The City of New Braunfels, Texas.

CITY ENGINEER. The person designated by the PW Director as the City Engineer.

CITY PLANNING DIRECTOR (PLANNING DIRECTOR). Planning Director of the City.

CITY PUBLIC WORKS DIRECTOR (PW DIRECTOR). Public Works Director of the City. ( 72

COMMERCIAL DEVELOPMENT. All development which is neither residential nor ( industrial. COMPREHENSIVE PLAN (MASTER PLAN). The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, rec'ommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use.

·cREDIT. The amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.

FACILITY EXPANSION. The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. FACILITY EXPANSION does not include the reP.air, maintenance, modernization or expansion of an existing facility to better serve existing development.

FINAL SUBDIVISION PLAT. The map, drawing or chart meeting the requirements of the City's platting regulations and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk.

GROWTH-RELATED COST. Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include the following:

(1) Construction, acquisition or expansion of public facilities or assets other than capital improvements or facility expansions identified in the Capital Improvements Plan.

(2) Repair, operation or maintenance of existing or new capital improvements or facility expansions.

(3) Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

( 4) Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development.

(5) Administrative and operating costs of the City.

(6) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements program.

IMPACT FEE. Roadway impact fee to be imposed upon new development, calculated based upon the costs of roadway facilities in proportion to development creating the need for the roadway facilities. Dedication of rights­ of-way or easements, or internal roadways required by other ordinances of the City Code are not to be considered as impact fees. 73

LAND USE ASSUMPTIONS. Description of the service area(s) and projections ( of changes in land uses, densities, intensities and population therein over at least a ten-year period, adopted by the City, as may be amended from time to time, upon which the Roadway Improvements Plan is based.

NEW DEVELOPMENT. Subdivision and development of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for roadway service units. New development does not include the issuance of a certificate of occupancy for any use for which a building permit is not necessary.

OFFSET. The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines provided and funded by a developer pursuant to the City's subdivision regulations or requirements.

RESIDENTIAL DEVELOPMENT. A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance.

ROADWAY FACILITY. Improvement for providing roadway service including, but not limited to, pavement, right-of-way, drainage and traffic-control devices.

ROADWAY FACILITY EXPANSION. Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including th,e repair' maintenance, modernization or expansion of the existing roadway facility to serve existing development. ( ROADWAY IMPACT FEE ADVISORY COMMITTEE (ADVISORY COMMITTEE). The Advisory Committee, appointed by the City Council pursuant to Chapter 395 of the Local Government Code, and its successors.

ROADWAY IMPROVEMENTS PLAN. Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their associated costs which are necessitated by and which are attributable to new development and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Chapter. Also known as the "Roadway Impact Fee Capital Improvement Plan."

SERVICE AREA. Area within the corporate boundaries to be served by the capital improvements or facility expansions specified in the Roadway Improvements Plan applicable to the service area.

SERVICE UNIT. Standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions.

SITE-RELATED FACILITY. Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of roadway facilities to serve the new development, which is not included in the Roadway Improvements Plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. ( SYSTEM-RELATED FACILITY. A roadway improvement or facility expansion which is designated in the Roadway Improvements Plan and which is not a site-related 74

facility. A system-related facility may include a roadway improvement which is ( approved by the PW Director and is not a site-related facility. VEHICLE MILE. A unit used to express both supply and demand provided by, and placed on the roadway system. A combination of a number of vehicles traveling during a given time period and the distance in which these vehicles travel in miles.

§ 100.05 APPLICABILITY OF IMPACT FEES.

(A) This chapter shall be uniformly applicable to new development which occurs within the corporate limits of the City.

(B) No new development shall be exempt from the assessment of impact fees unless expressly made so by the terms of this Chapter.

§ 100.06 IMPACT FEES AS CONDITIONS OF DEVELOPMENT APPROVAL.

No application for new development shall be approved within the City without assessment of impact fees pursuant to this chapter, and no water and wastewater tap shall be issued and no building permit or certificate of occupancy shall be issued unless the applicant has paid the impact fees imposed by and calculated hereunder unless expressly exempted by a provision of this Chapter.

§ 100.07 ESTABLISHMENT OF ROADWAY SERVICE AREAS.

(A) ( 1) There is hereby established roadway service areas as depicted on Exhibit 1 Page 2, incorporated herein by reference.

(2) The boundaries of the roadway service areas may be amended from time to time, and new roadway service areas may be delineated by the City Council consistent with the procedure set forth in the Local Government Code, Ch. 395, as amended, and its successors.

§ 100.08 SERVICE UNITS.

(A) Service units are established in accordance with generally accepted engineering and planning standards.

(B) The City Council may revise the service units designation according to the procedure set forth in the Local Government Code, Ch. 395, as amended, and its successors.

§ 100.09 IMPACT FEES PER SERVICE UNIT.

(A) (1) The assessable roadway impact fees per service unit for the facilities are incorporated as Exhibit 1.

(2) Assessable impact fees in Exhibit 1 may be amended by the City Council according to the procedure set forth in Local Government Code, Ch. 395, as amended, and its successors.

§ 100.10 UPDATES TO PLAN AND REVISION OF FEES.

The City shall review the land use assumptions and Roadway Improvements Plan for ( roadway facilities at least every five years. The City Council shall then make a determination of whether changes to the land use assumptions, Roadway 75

Improvements Plan or impact fees are needed and shall, in accordance with the ( procedures set forth in the Local Government Code, Ch. 395, as amended, or any successor statute, either update the fees or make a determination that no update is necessary. ARTICLE II. IMPACT FEES; USE OF PROCEEDS

§ 100.11 ASSESSMENT OF IMPACT FEES.

(A) The approval of any plat or replat of land or of any development shall include as a condition the assessment of the impact fee applicable to the development.

(B) Assessment of the impact fee for any new development shall be made as follows.

(1) For a development which is submitted for approval pursuant to the City's platting regulations following April 1, 2007, assessment shall be at the time of final plat approval and shall be the value of the impact fee per service unit then in effect, ~s provided in Exhibit 1,. as set forth in § 100.09.

(2) For a development which has received final plat approval prior to April 1, 2007, and for which no replatting is necessary prior to building permit issuance, assessment shall be upon building permit issuance and shall be the value of the roadway impact fee per service unit (__ set forth in Exhibit 1. (3) For a development for which platting is not required, assessment shall be upon the issuance of a building permit.

(C) Following assessment of the impact fee pursuant to subsection (B), no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases, as set forth under § 100.08.

(D) Following the lapse or expiration of approval of plat, a new assessment must be performed at the time a new plat is aFE.. _.._ ..

§ 100.12 CALCULATION OF IMPACT FEES.

Following the request for new development, the Planning Director shall compute impact fees due for the new development in the following manner.

(A) In calculating roadway impact fees for a new development, it is first necessary to identify in which service area the development is located and then classify the development in one of the land use categories depicted in current collected roadway impact fee per land use category per service area as set forth in Exhibit 1.

(B) The final determination of the roadway impact fee to be charged each new development is then calculated by multiplying the current collected roadway impact fee for the corresponding service area and land use category identified ( above .by the total development units (in number of dwelling units, square 76

footage in 1,000 square foot increments or other development unit increments as ( indicated in Exhibit 1.

§ 100.13 COLLECTION OF IMPACT FEES.

(A) All roadway impact fees shall be collected at the time of building permit issuance. If impact fees are to be collected, the building permit shall not be issued until such fees have been collected by the City.

(B) Development on all lots lying within a plat that has final plat approval from the City on or before April 1, 2007 shall be exempt from the payment of a roadway impact fee for a period of one year from April 1, 2007. Following the expiration of one year from April 1, 2007, lots previously platted shall be subject to the payment of the roadway impact fee.

(C) Development on all lots lying within a plat that has final plat approval after April 1, 2007 shall pay the roadway impact fee at time of the issuance of the building permit.

(D) Development for which platting is not necessary or required shall have the roadway impact fee assessed and collected at time of the issuance of the building permit.

(E) If the building permit expires or is canceled, and no new application is made and approved and the new development was permitted but not build, the roadway impact fee which was previously paid shall be returned to the person who paid the fee after submitting an application letter which stat.es the reasons for returning the fee.

§ 100.14 OFFSETS AND CREDITS AGAINST IMPACT FEES.

(A) The City may offset the present value of any system-related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City as set forth in § 100.21, against the value of the impact fee due for that category of roadway improvement.

(B) All roadway impact fees shall be credited on a present value dollar for dollar basis.

(C) All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Chapter and additional standards promulgated by the City which may be adopted as administrative guidelines.

(1) No offset or credit shall be given for the dedication or construction of facilities or improvements required by a traffic impact analysis required by the City Code of Ordinances, unless the City Engineer determines that such dedication or improvements are not development specific improvements and add capacity to the roadway system to a degree beyond the benefit of the development.

(2) The unit costs used to calculate the offsets shall not exceed the actual costs of the constructed roadway improvements as approved by the PW ( Director. 77

( 3) If an offset or credit applicable to a plat has not been exhausted ( within ten years from the date of plat approval after April 1, 2007 or within such period as may be otherwise designated by contract, the offset or credit shall lapse.

(4) In no event will the City reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Chapter or for any value exceeding the total impact fees due for the development for that category of roadway improvement, unless otherwise agreed to by the City Council.

(5) Capital Improvement Credit.

(a) The value of credit for capital improvements made by a developer shall be approved by the PW Director. (b) The value of the credit shall be the present value of the construction costs at the time of the construction.

(6) Right-of-way credit.

The value of the credit for dedicated right-of-way shall be the greater of (a) the value of the dedicated land as shown on the appraisal district's rolls, or (b) the value as determined by an appraisal as of the date of dedication. The City shall hire the appraiser to perform the appraisal, but the owner/developer shall reimburse the City for the cost of the appraisal.

(D) An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City Council agrees to a different time. The applicant shall file a petition for offsets or credits with the PW Director on a form provided for such purpose. The contents of the petition shall be established by guidelines developed by the Department of Public Works. The PW Director or his designee must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development.

(E) The available offset or credit associated with the plat shall be applied against an impact fee in the following manner:

( 1) The offset or credit shall be prorated equally among all service units, and remain applicable to the service units, and shall be applied at time of filing and acceptance of an application for a building permit against impact fees due.

(2) If the total number of service units used by the City in the original offset or credit calculation described in subsection (E) (1) is eventually exceeded by the number of total service units realized by the actual development, the City may, at its sole discretion, collect the full impact fee minus any associated offset or credits for the excess service units.

( 3) At its sole discretion, the City Council may authorize alternative credit or offset agreements upon petition by the owner. ( 78

( § 100 .15 EXEMPTIONS

(A) Affordable Housing. Development that qualifies as affordable housing under 42 u.s.c. Section 12745, as amended, is exempt from roadway impact fee collection. An applicant for affordable housing exemption shall make application for same by letter to the Planning Director. The letter shall describe the development, its location and number of housing units, and shall include certification from the U.S. Department of Housing and Urban Development that the development and/or number of units qualify as affordable housing under 42 u.s.c. Sec. 12745. If the fee is not paid and the affordable housing is not built or the development subsequently is not qualified as affordable housing, the City shall assess and collect the roadway impact fee that was applicable at the time of the issuance of the building permit(s) for the development.

, (B) The City Council may exempt a development from paying a roadway impact fee by contract or development agreement.

§ 100.16 ESTABLISHMENT OF ACCOUNTS AND RECORDS.

(A) The City shall establish separate interest-bearing accounts in a bank authorized to receive deposits of City funds for each major category of roadway facility for which an impact fee is imposed pursuant to this Chapter.

(B) Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in§ 100.17.

(C) The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 100.17. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Chapter; provided, however, that any fee paid shail be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.

(D) The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all monies received and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the roadway improvements program as system­ related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the ''provision in § 100.19 of this Chapter and any other information as may be necessary for the proper implementation of this Chapter.

§ 100.17 USE OF PROCEEDS OF ROAD~Y IMPACT FEE ACCOUNTS.

(A) The impact fees collected pursuant to this Chapter may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance the roadway improvements or facilities expansions.

(B) Impact fees collected pursuant to this Chapter shall not be used to pay for any of the following expenses: ( 79

(1} Construction, acquisition or expansion of capital improvements or ( assets other than those identified in the Roadway Improvements Plan.

(2} Repair, operation or maintenance of existing or new roadway improvements or facilities expansions.

(3} Upgrading, expanding or replacing existing roadway improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

( 4} Upgrading, expanding or replacing existing roadway improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing roadway improvements in order to meet the need for new roadway improvements generated by new development.

(5} Administrative and operating costs of the City.

ARTICLE III . ADMINISTRATION AND ENFORCEMENT

§ 100.18 APPEALS.

(A) The property owner or applicant for new development may appeal the following decisions to the Planning Director, or his/her designate:

(1) The applicability of an impact fee to the development.

(2) The value of the impact fee due.

(3) The availability or the value of an offset or credit.

(4} The application of an offset or credit against an impact fee due.

(5} The amount of the refund due, if any.

(B) All appeals shall be taken within 30 days of notice of the action from which the appeal is taken.

(C) The burden of proof shall be on the appellant to demonstrate that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits.

(D) The appellant may appeal the decision of the Planning Director to the Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within 30 days following the Planning Director's decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application, subdivision plat, or building permit issuance may be processed while the appeal is pending.

§ 100.19 REFUNDS.

(A} Any impact fee, or portion thereof, collected pursuant to this Chapter which has not been expended within ten years from the date of payment, shall be ( refunded, upon application~ to the record owner of the property at the time the 80

refund is paid, or, if the impact fee was paid by another governmental entity, ( to the governmental entity.

(B) If a refund is due pursuant to division (A), the City shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units actually developed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid and interest due shall be calculated upon that amount.

(C) Petition for refunds shall be submitted to the Planning Director on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Planning Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Planning Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in § 100.23.

§ 100.20 ADVISORY CO~TTEE.

(A) Effective April 1, 2007, the Planning Commission shall serve as the Roadway Impact Fee Advisory Committee.

(B) The functions of the Advisory Committee are those set forth in the Local Government Code, Ch. 395, as amended, or any successor.

(C) The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Roadway Improvements Plan.

(D) The Committee shall adopt procedural rules for carrying out its duties.

§ 100.21 AGREEMENT FOR CAPITAL IMPROVEMENTS.

The City Council may authorize the owner of a new development to construct or finance some of the public improvements identified in the CIP. In the case of the approval, the property owner must enter into an agreement with the City prior to fee collection. The agreement shall be on a form approved by the City and shall establish the estimated cost of improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement shall be completed to City standards and any other terms and conditions the City deems necessary. The PW Director shall review the improvement plan, verify costs and time schedules, determine if the improvement is contained in the roadway impact fee CIP and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues.

§ 100.22 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION.

(A) Impact fees established by this Chapter are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the issuance of certificates of occupancy. The fees are intended to be consistent with and to further the policies of City's Comprehensive Plan, Capital Improvements Plan, zoning ordinance, platting regulations and other city policies, ordinances and 81

resolutions by which the city seeks to ensure the provision of adequate public ( facilities in conjunction with the development of land.

(B) This Chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements,. or any other aspect of the development of land or provision of public improvements subject to the zoning, access management and platting regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development.

(C) Except as herein otherwise provided, the assessment and collection of the roadway impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.

§ 100.23 RELIEF PROCEDURES.

(A) Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the Council to determine whether any duty required by this Chapter has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within 60 days of the request. If the Council determines that the duty is required pursuant to this Chapter and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.

(B) The Council may grant a variance or waiver from any requirement of this ( Chapter upon written request by a developer or owner of property subject to this Chapter, following a public hearing, upon finding that a strict application of the requirement would not be in the best interests of the City or would be inconsistent with City policy. The Council may deny a variance, grant the variance in whole or in part, or approve the variance with conditions.

(C) The fee for a variance application under this Section is $250.00 which shall be paid by the applicant for the variance at the time of filing a request for variance. 82

COUNCIL AGENDA ITEM ( SUBJECT MATTER/PROJECT: PUBLIC HEARING- SUP AMENDMENT- 595 S. UNION AVENUE

ORIGINATING DEPARTMENT:.-'P,_,LA=-::..:N,_,N=IN=G=------·PRESENTER: FRANV ROBBINS

COUNCIL DATE: FEBRUARY 26. 2007 AGENDA #__ _7,-=--'::.(g,.·,).L.. ___

AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE SITE PLAN FOR AN EXISTING SPECIAL USE PERMIT ALLOWING SHORT TERM OCCUPANCY IN. A "R-2 SINGLE & TWO-FAMILY DISTRICT" LOCATED AT 595 S. UNION AVENUE.

APPLICANT/OWNERS: Current Owner(s): John Seidel P.O. Box 311988 New Braunfels, TX 78130

BACKGROUND: The subject property was granted a special use permit in 2001. At the time of approval, the property had a house and detached garage. With the approval of the special use permit, the property owner was able to utilize the existing house for short term occupancy, remove the detached garage to add a carport for parking and add an additional dwelling to also be used for short term occupancy.

At its November 14, 2006 meeting, the Planning Commission recommended denial of a request ( to amend the SUP (6-2-0). The original motion to approve the request failed (2-6-0). The applicant had requested approval to remove the older home from the property and be allowed to rebuild a new and larger home, similar to the home that was constructed on the property in 2002.

The applicant then appeared before the City Council on December 11, 2006 with the recommendation for denial from the Planning Commission. The Council voted to send the case back to the Planning Commission, with the applicant providing more information, to include a revised site plan, showing the new house to be no larger than the footprint of the existing house and to provide a floor plan showing how many bedrooms there will be.

The applicant is returning with a request to change the existing special use permit site plan, by removing the original house from the property and constructing a new house. The new dwelling will be very similar to the dwelling constructed in 2002. The new house will have two bedrooms and two bathrooms and will match the German fachwerk design of the other house, with brick and cedar beams on the front and stucco on the other three sides and a V-seam metal roof. Complete elevation plans have not been submitted. Only an elevation plan of the front has been provided. The carport and driveway will also be expanded one more car width, for a total width of 40'.

Upon approval of the SUP amendment, the existing house would be removed within 45 days and construction of the new house would begin immediately after. The project would be completed within 180 days.

The subject lot is 50' wide X 155' deep. The footprint of the new building will be the same as the existing, but will be located closer to the interior side lot line. The existing house is 9.9' from the interior side lot line and 11.9' from the corner side lot line. The new home will be 6' from the ( interior side lot line and 15' from the corner side lot line. In addition, the existing home is a one Finance: ______, __ Agenda Item# s{p) Attachments: ___//__ _ Council Date: 2 "';liJ.-t>J 83

story 672 square foot building with an additional 230 square feet of porch area. The new home ( will be two stories and approximately 1,226 square feet excluding the front porch. Parking for both the existing houses is located off Cross River. There is an existing 3-car carport and driveway. An additional space will be added to the carport and the driveway will also be widened, to accommodate a total of 8 vehicles on the property when double parked. The portion of the driveway located on the property is approximately 40' deep and the minimum depth required for a goo angle parking space is 18'. Parking for double stacking would require a minimum of 36'. The minimum width for a goo angle parking space is g•, Four conforming parking spaces would require a minimum width of 36'. With the proposed expansion, the driveway will be 40' wide. The standard for width of a residential driveway approach is a minimum of 12' and a maximum 24' at the front property line·, unless the driveway approach is shared, in which case the maximum width of the driveway approach may be 40'. The driveway at 5g5 S. Union is currently shared between the two existing houses and will continue to be shared between the new house and the other house on the lot.

There is a protected pecan tree in the location of the proposed driveway addition. The pecan tree would have to be removed to construct the driveway addition.

GENERAL INFORMATION: Case# PZ2/07-4

Size: 0.18 acres (7,754.ogsq. ft.)

Surrounding Zoning and Land Use: North- "R-2 Single & Two Family District"/Single Family South - "R-2 Single & Two Family District"/Single Family East - "R-2 Single & Two Family District"/Single Family West - "C-4 Resort Commercial District"/Resort Commercial

Comprehensive Plan Future Land Use Designation: Low Density Residential

NOTIFICATION: 1g notices were sent to property owners located within 200 feet of the property in question.

WRITTEN APPROVALS AND PROTESTS: In Favor: None

In Opposition: · Daisy Watson Alice Johnson Karen & Charles Meyer #4 #7 #g 525 S. Union Ave. 192 E. Mather St. 590 S. Washington Ave.

Arthur & Isabel Garza Nancy Banham Frances Loesch #10 #14 #16 541 S. Washington Ave. 180 Cross River St. 174 Cross River St.

A response was received from #13 with comments and concerns, but no indication on whether or not the property owner is in favor or against the proposed amendment.

An additional14 responses in opposition were received from property owners outside of the 200' ( notification area. Finance:. ______Agenda Item#·___ _

Attachments: _____ Council Date: _____ 84

A total of 26.16% of the notified area has submitted written opposition to the special use permit ( amendment. A supermajority vote is required in order for the proposed special use permit amendment to pass.

COMMISSION RECOMMENDATION: A public hearing was held by the Planning Commission on February 6, 2007. A motion to recommend approval of the special use permit amendment, with the condition that the structure be limited to two bedrooms with a maximum occupancy of six people, passed with a 3 - 2 - 0 vote.

PLANNING COMMISSIONERS AT THE HEARING: 1. Cheryl Casteel 4. Sandy Nolte 2. 0. Dan Castillo 5. Randy Vanstory, Vice Chairman 3. Jan Kotylo

STAFF RECOMMENDATION: Staff recommends denial of the SUP amendment based on the 2006 Comprehensive Plan goals and policies, there have been previous complaints about the existing short term occupancy and the character of the older existing house is more consistent with the neighborhood and that the character is worthy of preservation.

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: None

Goai1A. Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of achieving better places to live. The short term occupancy use is not compatible with the residential homes located on the same side of Union Avenue.

Goai1C. Consider rezoning, as necessary, to ensure existing and future land use compatibility. The existing use of the property is inconsistent with the Future Land Use Master Plan.

Goai20A. Protect and improve each neighborhood of the City to be a desirable and attractive residential environment. Short term occupancy uses may promote a disruptive environment in a residential neighborhood to possibly include excessive noise, traffic and parking problems.

Goai20E. Utilize design sensitivity and buffering for commercial uses adjacent to existing or proposed residential area, including existing natural features and physical barriers to buffer incompatible land use. A 6' privacy· on one side of the property is the only buffer from other residential properties.

Goai20G. Discourage incompatible land uses from abutting residential areas. Although the subject property is across the street from the Schlitterbahn water park, the east side of Union Avenue is a residential neighborhood.

ATTACHMENTS: 1. Minutes 2. Land Use and Zoning Map 3. Aerial Map 4. Notification Map 5. Opposition Map ( U:\Pianning\CCagenda\ZoneChgs&SUP\Seidel 595 Union Ave SUP. 2 07.doc Finance:. ______Agenda Item#___ _

Attachments:. _____ Council Date:. _____ 85

( DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF FEBRUARY 6, 2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ02107 -4, the proposed amendment of a site plan for an existing Special Use Permit allowing short term rental or occupancy of less than 30 days in a "R-2 Single and Two Family District". (John Seidel) Mr. Greene explained that the Commission considered an application by the applicant in November 2006 to allow him to remove the existing structure on Union Street and replace it with a structure similar tot had been built at the rear of the property in 2002. The Commission recommended that City Council deny the request and on December 11, 2006, Council voted to send the case back to the Commission, requesting additional information and a site plan, as well as a floor plan showing that the new structure was no larger in footprint than the existing house. He said the new site plan submitted by the applicant proposed a very similar structure as that built in 2002, with two bedrooms and two bathrooms, brick and cedar beams on the front, stucco on the remaining three sides, and a V-seam metal roof. He said 19 notices were sent to property owners within 200 feet of the subject property; no responses were received in favor, four were received in opposition (#4, 10, 14 and 16), and 14 responses from outside the 200' area were received in opposition. Mr. Greene stated that staff recommended denial of the SUP amendment based on the 2006 Comprehensive Plan goals and policies, previous complaints about the existing short term occupancy, and the character of the older existing house was more consistent with the neighborhood and that the character was worthy of preservation.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in favor of the rezoning.

John Seidel, 801 Elm Creek Road, asked Commission members to note thatthe 14 objections received were exactly the same as the objections to the previous two cases. He said the new floor plan decreased the number of tenants from 10 to six and the number of bedrooms had been decreased from three to two. He showed photographs of ( homes surrounding the subject property and commented that there was no particular style in the neighborhood, some were brick while others were siding and there was even one mobile home.

Dan Phillips, 886 Mission Hills Drive, vouched for Mr. Seidel as a builder and said Mr. Seidel had built his home 13 years previously and did a quality job.

Robert Preston, 716 E. Mather, said the proposed home would improve the neighborhood.

Burton ? (name inaudible on tape), said he was the current renter at 595 S. Union St. He said he had been renting the home through the winter but had previously rented in the summertime. He said the property was anything but peaceful in summer and added that Mr. Seidel was simply trying to improve the look of the property.

Jennifer Johnson Seidel, 572 N. Guenther, said she worked for River City Resorts. She spoke about the company's rental policies, which included age limits, number of occupancy, parking, etc. She noted that the company had paid $18,601 in Hotel/Motel Tax since opening the property to tourists in 2003.

Tommy Seidel (no address given) said long term renters could be as much of a problem as short term renters.

Casey Schriewer, 1785 Oak Forest, noted that the new building would have the same occupancy number as the existing building.

Erin Moore, 1785 Oak Forest, commented that the architecture of the proposed home was similar to that of the Lindheimer House.

Richard Cedillo, 3681 Tilden Trail, said his parents approved of this request also.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in opposition to the ( rezoning.

ATTACHMENT 1 86

( Chandler Gray, 186 E. Lincoln, said the need for increased parking was a problem and commented that a tree would have to be removed to accommodate an additional parking space. She said the number of bedrooms might be the same as in the original house but the number of square feet of the new house doubled that of the existing. She said if the house was limited to a total of 672 sq. ft. on the original footprint, she would not object.

Karen MacDonald, 141 E. South, was concerned that the size of the business was increasing.

Clint Cronin, 232 E. Lincoln, noted that the adjacent neighborhood was zoned R-1 and R-2.

Wliton Warnecke, Jr., 435 S. Union, said there were at least five to seven illegal overnight rentals in the neighborhood and wished that property management companies could be held accountable. He said there was enough traffic and tourists in the area and that they should be kept across the street.

Violet Tanneberger, 111 E. Lincoln, said Comal Town was New Braunfels' heritage and the current structure was therefore also part of the town's heritage. She said parking for the site was not sufficient and there should be no reason to allow a large tree to be cut down. She said she wanted to live in a safe neighborhood.

Motion by Commissioner Nolte, seconded by Commissioner Castillo, to close the public hearing. The motion carried unanimously. (5-0-0)

Motion by Commissioner Castillo, seconded by Commissioner Kotylo, that Case #PZ02/07 -4, the proposed amendment of a site plan for an existing Special Use Permit allowing short term rental or occupancy of less than 30 days in a "R-2 Single and Two Family District", be forwarded to City Council with a recommendation to deny.

Commissioner Castillo thought the new house did not fit the historic neighborhood.

Commissioner Casteel said the additional parking space was voluntary since the number of bedrooms remained the ( same. She noted that the only item before the Commission was the replacement of the building and the number of renters was an enforcement issue.

Vice Chairman Vanstory commented that the existing building, as well as the proposed, had two bedrooms and all the applicant was trying to do was to replace an old house with a new one.

Mr. Seidel spoke up, saying that the house would not be demolished, but relocated to another site.

Commissioner Kotylo asked the applicant why he wanted to replace the old house. Mr. Seidel said the old house required constant maintenance. He added that people preferred a new structure over a 1940-era home with asbestos siding.

Commissioner Nolte agreed that a new building would look better but asked Mr. Seidel if he would consider shrinking the size of the building. Mr. Seidel said he was just trying to match the new house with the one built a few years ago. He added that the City regulated on-street parking because the house was located in an area that required permits from the City.

The motion failed, with Vice Chairman Vanstory and Commissioners Casteel and Kotylo voting "no". (2-3-0)

Motion by Commissioner Casteel, seconded by Vice Chairman Vanstory, that Case #PZ02/07 -4, the proposed amendment of a site plan for an existing Special Use Permit allowing short term rental or occupancy of less than 30 days in a "R-2 Single and Two Family District", be forwarded to City Council with a recommendation to approve, with the condition that the structure was limited to two bedrooms with a maximum occupancy of six people.

Commissioner Castillo was concerned that the occupancy rules in the building codes were being violated. Mr. Robbins said the building codes would only be violated if it was determined that the bedrooms were too small.

( The motion carried, with Commissioners Castillo and Nolte voting "no". (3-2-0) ~. /~, f=, t.Y

1).

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' PZ02/07-4 1 inch equals 100 feet i Seidel "-1../'.__,, I 5p I 1~0 I I I 2~0 Feet Amend SUP ? . -~ . ; ... r ..

89

PLANNING COMMISSION - FEBRUARY 6, 2007 at 6:30PM ( New Braunfels Municipal Building, Council Chambers

Applicant: John Seidel Address/Location: 595 S. Union Avenue Owner: John Seidel

REQUEST FOR AMENDED SPECIAL USE PERMIT- CASE# PZ 02/07-4

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. Preuss, E.T. and lsabal 2. Cantu, Felix 3. Phillips, Sharon & Huey, Mary 4 .. Watson, Daisy 5. Dreibrodt, Lois 6. Preiss, Elwood and Janice 7. Johnson, Alice 8. Keen, Joe B. 9. Meyer, Karen and Charles 1 0. Garza, Arthur and Isabel 11. Seale, Everette & Gracejane 12. Tostado, Jose and Sylvia 13. Schwarz, B. & Schumann, S. 14. Banham, Nancy 15. Hill, Elmer 16. Thompson, L. & Loesch, F. 17. Bermel, Joel and Shannon 18. Mitchell, Barbara 19. Liberty Partnership, Ltd.

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ORDINANCE NO. 2007-

( AN ORDINANCE AMENDING A SITE PLAN FOR AN EXISTING SPECIAL USE PERMIT ALLOWING SHORT TERM OCCUPANCY IN A "R-2 SINGLE & TWO-FAMILY DISTRICT", ON LOT 6, NCB 5021, LOCATED AT 595 S. UNION AVENUE.

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 amend the "Special Use Permit" for Lot 6, NCB 5021, located at 595

S. Union Avenue, by altering the site plan for the existing short term occupancy use in a "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 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 adding the following described tract of land as a "Special

Use Permit" for the uses and conditions herein described:

"Lot 6, NCB 5021, located at 595 Union Avenue, to allow short term occupancy in a "R-2 Single and Two Family District".

SECTION2

THAT the site plan, as shown on Exhibit "A", is adopted herewith as the Special Use Permit site plan.

SECTION 3

( THAT the development plan, as described in Exhibit "B", is adopted herewith as the Special Use Permit development plan.

1 93

SECTION4

THAT, the occupancy of the new two-bed, two-bath house, be limited to a maximum occupancy of six ( persons.

SECTIONS

THAT, this ordinance shall be void if construction does not begin by Jan 8th, 2012.

SECTION 6

THAT, so long as said use is the same as defined herein and that should said use cease to be for a period of

twelve months, the special use permit shall be void and the zoning map shall show the property zoned as "R-2 Single

and Two-Family District".

SECTION7

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.

SECTIONS

THAT all other ordinances, in particular Ordinance No. 2001-59, or parts of ordinances, in conflict herewith

are' hereby repealed to the extent that they are in conflict.

SECTION9

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 10

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

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

PASSED AND APPROVED: Second and Reading this the 1ih of March, 2007.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM: ( PAUL ISHAM, Interim City Attorney U:\Pianning\Ordinances\Special Use Permits\Seldel595 Union Amend SUP 2 07.ord.doc

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EXHIBIT "A" CJ1-f-.·.-,,)... ,~ ......

( JOHN SEIDEL ENTERPRISES LLC P.O. BOX 311988 NEW BRAUNFELS, TX 78131-1988 830-7 43-1067

DEVELOPMENT PLAN FOR 595S. UNION

I am requesting an amendment to an existing SUP. I would like to move the existing old house off the lot and replace it with a new one. The new house will match the German Fachwerk design of the other house now existing on the property. The two houses (_ will utilize a four car carport, one of which will be added with this amendment. The new house will be constructed of brick and cedar beams on the front and stucco on the other three sides. It will have a V-seam metal roof. The existing house will be moved within 45 days of receiving an amended SUP. Construction on the new house will begin immediately thereafter and be complete within 180 days. Parking for both houses will be off Cross River St. With the carport and driveway, there will be 8 off street parking spaces. The new house will be 2 bedrooms and 2 baths and will utilize the same footprint as the existing hous~. The new house will sleep a maximum of 6 people which is what the old house slept.

(

EXHIBIT "B" 95

COUNCIL AGENDA ITEM

( SUBJECT PUBLIC HEARING AND FIRST READING- ORDINANCE GRANTING A MATTER/PROJECT: SPECIAL USE PERMIT AT 291 S. UNION AVE. ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK ROBBINS

COUNCIL DATE: FEBRUARY 26, 2007 AGENDA#:

AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 291 S. UNION AVENUE TO ALLOW SHORT TERM RENTAL OR OCCUPANCY OF LESS THAN 30 DAYS IN A "C-1 LOCAL BUSINESS DISTRICT".

APPLICANT/OWNER: Daybreak Investments, Ltd., by Otto Harrison 1835 Riada Drive New Braunfels TX 78132

BACKGROUND: The City's new Zoning Ordinance, which became effective November 2006, provides regulations governing short term rental or occupancy in one and two unit dwellings. The subject property is located in a C-1 district which permits rental or occupancy for less than 30 consecutive days. However, Sec. 5.16 (a) states that such occupancy is only permitted with the approval of a Special Use Permit.

The subject property is located on Union Street near the intersection of E. San Antonio Street. A '' restaurant is located across Union Street and a property rental service office is adjacent to the north. The existing residential structure is approximately 1,900 sq. ft. and is situated on a lot measuring 69 feet wide and 155 feet deep. The home has two bedrooms and a study will be converted into a third bedroom in the future. The applicant proposes to change the use of the structure from long term rental to short term, i.e., occupancy of less than 30 days.

The adjacent property at 297 S. Union Avenue is also owned by Mr. Harrison and he is proposing short term occupancy on this property. The site plan submitted with the application illustrates the 15 proposed off-street parking which will be shared by both properties. The plan shows four off­ street parking spaces available to prospective renters on the subject property, including one space in the garage. According to Sec. 5.16, one off-street parking space is required for each bedroom, not. including the garage. Since three bedrooms are proposed, the property can accommodate the number of off-street parking spaces allotted exceeds the number of spaces required.

Given that the applicant has submitted an off-street parking plan for both properties, staff recommends the execution of a shared parking agreement, which would be entered into by the owners of both properties, whether that is the applicant, future owners or assigns.

A total of 30.66% of the notified area has submitted written opposition to the Special Use Permit. Therefore, the Special Use Permit can not become effective except by a three-fourths (3/4) vote of all the members of the City Council. GENERAL INFORMATION: Case #: PZ02/07 -2

Size: 0.2455 (10,693.98 sq. ft.) ( Finance: ______/""---- Agenda Item #: 2{G"--i)'----­ Attachments: / Council Date: February 26, 2007 96

Surrounding Zoning and Land Use: North - "C-1 Local Business District" and R-2 Single and Two ( Family District"/Commercial and single family residential South- "R-2 Single and Two Family District", "C-1 Local Business District" and "R-3 Multifamily District"/Commercial, single family and multifamily residential East- "R-2 Single and Two Family District"/Single family residential West- "C-1 Local Business District"/Restaurant

Comprehensive Plan Future Land Use Designation: Commercial Size:

. NOTIFICATION: 22 notices were sent to property owners located within 200 feet of the subject' property. Three responses were received in favor (#4, 5 and 14) and six responses were received in opposition (#1, 6, 7, 13, 15 and 16). ·

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on February 6, 2007, and recommended approval by a vote of 5-0-0.

STAFF RECOMMENDATION: Staff recommended approval with the following conditions: · 1. The property shall be used in its current state with no building expansion or added buildings without Special Use Permit amendment. 2. A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners, or their assigns, of 291 S. Union Avenue and 297 S. Union Avenue, and shall be recorded with Comal County. 3. A six- to eight-foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence.

PLANNING COMMISSIONERS AT THE HEARING: 1. Cheryl Casteel 4. Sandy Nolte 2. 0. Daniel Castillo 5. Randy Vanstory, Vice Chairman 3. Jan Kotylo

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: Pros: Goal1: Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintaining the community's unique qualities. Objectives: A. 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. The subject property is zoned commercial. Staff's recommendation to not allow replacement or expansion of the existing structure will maintain the unique character of the neighborhood.

Goal 2: Encourage the mixing of land uses to create a sense of community in the neighborhoods. Objectives: ( C. Approve rezonings that provide for a mix of land uses. Finance: Agenda Item #: _5=-(=d<-) _____ Attachments: Council Date: February 26, 2007 ~"\ o-0'\y.. .? ' ~~ A ~/ y..~'\ o-0'\ ~~

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r------.-,~------104

DRAFT ( EXCERPT FROM PLANNING COMMISSION MINUTES OF FEBRUARY 6, 2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ02/07 -2, the proposed Special Use Permit at 291 S. Union Avenue to allow short term rental or occupancy of less than 30 days in a "C-1 Local Business District". (Daybreak Investments, Ltd., by Otto Harrison) Ms. Murphy stated that the property was located on Union St. near the intersection with E. San Antonio St. and was currently zoned C-1. She said the home had two bedrooms and a study was being converted into a third bedroom. She added that although there was sufficient parking for the facility on the property itself, additional parking would be shared with the adjacent property at 297 S. Union, which was the next item on the Commission's agenda. She said 22 notices were sent to property owners within 200 feet of the subject property; two responses were received in favor (#4 and 5) and five in opposition (#1, 6, 13, 15 and 16). Ms Murphy stated that staff recommended approval with the following conditions: 1) The property shall be used in its current state with no building improvements or additions without Special Use Permit amendment; 2) A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners or their assigns of 291 S. Union Street and 297 S. Union Street, and shall be recorded with Comal County; and 3) A six to eight foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in favor of the rezoning.

Matt Harrison, 2371 Oak Pebble, spoke for his father. He noted that the property was zoned C-1, which allowed apartments and overnight rentals. He stated that the renovations currently underway would keep the structure looking like a single family home. He noted that the structure was not being expanded and that there was sufficient parking on the property to meet the City's standards. I Otto Harrison, 297 S. Union St., stated that he would address the properties at 291 and 297 S. Union Street at the same time. He said the renovations to the 1950's-era houses would cost upwards of $50,000, and would include upgrading the electrical, new ramps, etc. He said he did not plan to tear down the homes or change the outside dimensions. He stated that the costs associated with the renovations demanded high-end users.

Richard Cedillo, 3681 Tilden Trail, said he spoke for his parents who were out of the country. He said they both approved of the request.

John Seidel, 801 Elm Creek Road, also noted that the property was already commercially zoned and could be used as such. ·

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in opposition to the rezoning.

Mary Jo Laney, 111 Basel, said she would be directly affected by the proposed change in use. She questioned why the properties were zoned C-1 when they were used for single family homes. She objected to the parking plan which she thought was not well thought out and was concerned that the 11 parking spaces off the alley would cause more traffic problems. She also stated concerns that renters would have to back out of the driveway into a dangerous intersection.

Betty Kyle, 171 S. Union, said the previous owners of the two properties had spoken of the danger exiting the properties onto Union Street. She said the alley was dusty and full of pot holes and was unable to accommodate additional traffic. She said the area should be left as a residential community.

Bethel Haas, 188 E. South Street, said renters using the alley would exit at S. Washington Street which would pose a danger to the children walking down the hill. ( Karen MacDonald, 141 E. South, stated her opposition.

ATTACHMENT 6 105

Wilton Warnecke, 435 S. Union, also mentioned how dangerous it would be to exit the driveways on to Union Street. He said the home at 291 S. Union was very large and could easily accommodate 20-30 people. He said there was ( not enough parking on the property and that prospective renters were not adequately screened and the owners may not get the upscale renters they were anticipating.

Chandler Gray, 186 E. Lincoln, said only two sides were commercially zoned, while the other two sides were residential. She said the property owners could choose any of the many commercial uses listed in the C-1 district but asked that overnight rentals not be allowed to creep into the neighborhood.

Violet Tanneberger, 111 E. Lincoln, said the property was next door to a residential area and that this was a very congested part of town.

Motion by Commissioner Nolte, seconded by Commissioner Kotylo, to close the public hearing. The motion carried unanimously. (5-0-0)

Commissioner Casteel asked how many parking spaces would be needed for use as an office. Mr. Robbins said one space would be required for every 300' and since the home had 1,900 sq. ft., six spaces would be required.

Commissioner Casteel noted that only three spaces were required for short term rental. She added that the parking and traffic situation should not be the issue.

Motion by Commissioner Casteel, seconded by Commissioner Castillo, that Case #PZ02/07 -2, the proposed Special Use Permit at 291 S. Union Avenue to allow short term rental or occupancy of Jess than 30 days in a "C-1 Local Business District", be forwarded to City Council with a recommendation to approve, with the following conditions: 1) The property shall be used in its current state with no building improvements or additions without Special Use Permit amendment; 2) A shared parking agreement for a period of no Jess than 10 years shall be executed between current anp future owners or their assigns of 291 S. Union Street and 297 S. Union Street, and shall be recorded with Co mal County; and 3) A six to eight foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence.

Commissioner Casteel said the property owner should not be asked to keep the property for residential purposes based on the traffic and parking situation. She added that it was indeed possible to get good renters.

Commissioner Kotylo asked if vehicles using the driveway at 291 S. Union had to back out into traffic. Matt Harrison stated there was no other way but to back out of the driveway, which was why the parking agreement to allow access to the alley was being proposed.

Commissioner Kotylo said she could not see the property being used for a family residence and noted that any commercial use would require more parking spaces.

Vice Chairman Vanstory agreed that the C-1 district allowed many commercial uses, but added that overnight renters could cause a Jot of noise at night when a commercial business such as an office building would be closed.

The motion carried, with Vice Chairman Vanstory and Commissioner Nolte voting "no". (3-2-0)

Ms. Murphy noted that the "20% rule" was in effect; therefore an affirmative vote of% of Council would be required for the Special Use Permit to pass.

NOTE: A motion to reconsider and an amended motion was made after Case #PZ02/07-3:

Commissioner Castillo moved to reconsider the motion made for Case #PZ02/07 -2. Commissioner Casteel seconded the motion, which carried unanimously. (5-0-0)

Motion by Commissioner Castillo, seconded by Commissioner Casteel, that condition # 1 be amended as follows: "The property shall be used in its current state with no building expansion or added buildings without Special Use ( Permit amendment". The motion carried unanimously. (5-0-0) 106

( ORDINANCE NO. 2007-

AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 291 S. UNION AVENUE TO ALLOW SHORT TERM RENTAL OR OCCUPANCY OF LESS THAN 30 DAYS IN A "C-1 LOCAL BUSINESS 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 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 6, Block 5039, located at 291 S. Union Avenue, to allow short term rental or occupancy of less than 30 days in a "C-1 Local Business 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 ofthe 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 6, Block 5039, located at 291 S. Union Avenue, to allow short term rental or occupancy of less than 30 days in a "C-1 Local Business District".

SECTION 2 THAT an Offsite Parking Agreement and Parking Plan, attached as Exhibits "A" and "B" respectively, are herewith adopted as part of the Special Use Permit.

SECTION 3 THAT the property will be used for short term rental or occupancy of less than 30 days under the following conditions which are hereby made as part of this ordinance: ( 107

1. The property shall be used in its current state with no building expansion or added buildings without ( Special Use Permit amendment. 2. A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners, or their assigns, of 291 S. Union Avenue and 297 S. Union Avenue, and shall be recorded with Comal County. 3. A six- to eight-foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence.

SECTION4 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect.

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

SECTION& THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all ' othe,r parts of the same which are not held void or unconstitutional shall remain in full force and effect. (__ SECTION7 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 261h day of February, 2007. PASSED AND APPROVED: Second Reading this the 1ih day of March, 2007. CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

PAUL ISHAM, Interim City Attorney ( U:\Pianning\Ordinances\Special Use Permits\Harrison 291 Union.ord.doc

2 108

OFFSITE PARKING AGREEMENT ( This SHARED PARKING AGREEMENT is entered into and effective March 12, 2007, by and between the City of New Braunfels and Otto Harrison, Daybreak Investments, Ltd., his successors in interest and assigns.

Pursuant to the guidelines in Sec. 2.2-4(b), Chapter 144, New Braunfels Code of Ordinances, the property owrier(s) of Lot 6, Block 5039, known as 291 S. Union Avenue, and Lot 5, Block 5039, known as 297 S. Union Avenue, New Braunfels, Texas, agree to the following:

The property owners of 291 S. Union Street have permission from the owners of 297 S. Union Street, which is an adjacent property, to allow "off-site" parking for users of the property at 291 S. Union Street.

Owners of 297 S. Union Street hereby agree to allow users of the property at 291 S. Union Street to park in spaces on 297 S. Union Street. These spaces include those accessible from the side alley at 297 Union, as well as driveway spaces in front of garage and storage building structures at 297 Union Street along the alley, and in the drives in front of the garages. The only spaces excluded for 291 Union street are the carport, and the driveway to the carport for the structure at 297 S. Union.

The term of this agreement shall be for ten years. The agreement may be modified if approved by the two owners, as well as the City of New Braunfels. This agreement cannot be voided unless by written agreement from the city, or unless the off-site parking (__ for 291 Union Street is replaced with on-site parking to current code, or is replaced with another off-site parking agreement.

If for any reason the agreement is not followed, the owner of the premise using the off­ site parking (the owner of 291 S. Union Street) shall acknowledge that the premise at 291 S. Union Street is in violation of the City of New Braunfels codes, Chapter 2.2-4 (b) regarding off-site parking.

With due process, the City may even take steps to consider voiding the Certificate of Occupancy for 291 S Union Street.

Agreed to this ___ day of _____, 2007.

Owners of 291 S. Union Street

Owners of 297 S. Union Street

( U:\Pianning\ZoneChange-SUP-Replats\2007 cases\pz 02-07-2 and 3 Pkg agr.doc

EXHIBIT "A" 'I

109

PAAK ti\J G. ~LAIJ FoR. 2 't 1 . ct 2't 7 u N t oiJ j ( S Ho.., IN A S " l'l.R0 u N DtiJ <:, 0 f>et<_II E"S:) } 'P~

JAN S 2007

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EXHIBIT "8" ~ \ \ /"~ /-<. \ \ \/ \ / // \-i \\ ' '\/"' / \ ' \ \ ~ \ \ ' ~---.\ \ \/ / \ \ \ Zo~in~'r'tand\ DLISt~~ tse \ y' \ / /\'\ \ \ \ \ ~ \ Elusbng a \ / \ \ /( \/"' / /,~\\ X\ '\\ \ \ \ \ \ /\ \ \ \ / / \ \ / ~\ y /--...y / / / --­ / /

\\ r2Z(J Subject Area c:::J Zoning Distric1s \\ I:::::: I SUP Special Use Permit \\ Existing Land Uses Residential Low Density llli!fl Residential Medium Density - Residential High Density - Manufactured Home Community - Commercial - Resort Commercial - Industrial

Schools Mobile Home Park Open (7,7 Parking Lot k~~:.;:::[ Drainage

PZ02/07-3 1 inch equals 100 feet Harrison 297 Union W+l ~ I 10 . I 1~0 I I I 2~0 Feet s SUP in C-1 Revised 1124/D;

(

(

ATTACHMENT 4 @

~/ )> -1 Subject Area -1 )> 0 :::t @@ s: m :z ®@ ~ -1 en No Response 5?, 0'v

PZ02/07-3 1 inch equals 100 feet N Opposition Map Harrison 297 S. Union 9 I 50 I 190 I I I 2?0 Feet SUP in C-1 1 Revised+ 212010 119

DRAFT

( EXCERPT FROM PLANNING COMMISSION MINUTES OF FEBRUARY 6, 2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ02/07 -3, the proposed Special Use Permit at 297 S. Union Avenue to allow short term rental or occupancy of less than 30 days in a "C-1 Local Business District". (Daybreak Investments, Ltd., by Otto Harrison) Ms. Murphy stated that this property was immediately adjacent to the previous case and that staff recommended approval with the following conditions: 1) The property shall be used in its current state with no building improvements or additions without Special Use Permit amendment; 2) A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners or their assigns of 291 S. Union Street and 297 S. Union Street, and shall be recorded with Comal County; and 3) A six to eight foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence. She said 22 notices were sent to property owners within 200 feet of the subject property; two responses were received in favor (#4 and 5) and five in opposition (#1, 6, 13, 15 and 16).

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in favor of the rezoning.

Richard Cedillo, 3681 Tilden Trail, said his parents approved of the request.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in opposition to the rezoning.

Mary Jo Laney, 111 Basel St., asked why the parking agreement was for ten years. Matt Harrison explained that it ~as a City requirement.

Chandler Gray, 186 E. Lincoln, said overnight rentals were being allowed to creep into the neighborhood and would spur other property owners to apply for the same use.

Wilton Warnecke, 435 S. Union St., said the alley was in terrible shape. He stated concerns that a second story could be added to the garage/barn or the house be expanded to accommodate additional people.

Motion by Commissioner Nolte, seconded by Commissioner Kotylo, to close the public hearing. The motion carried unanimously. (5-0-0)

Mr. Robbins suggested rephrasing staff's condition to state that no building expansion or additional buildings be permitted without an amendment to the Special Use Permit.

Motion by Commissioner Casteel, seconded by Commissioner Castillo, that Case #PZ02/07 -3, the proposed Special Use Permit at 297 S. Union Avenue to allow short term rental or occupancy of less than 30 days in a "C-1 Local Business District", be forwarded to City Council with a recommendation to approve, subject to the following conditions: 1) The property shall be used in its current state with no building expansion or added buildings without Special Use Permit amendment; 2) A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners, or their assigns, of 291 S. Union Avenue and 297 S. Union Avenue, and shall be recorded with Comal County; 3) A six- to eight-foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence. The motion carried, with Vice Chairman Vanstory and Commissioner Nolte voting "no". (3-2-0)

Mr. Robbins noted that staff was doing a survey to locate all Bed and Breakfasts and overnight rental properties in the City and the results would be reported to the Commission at a later date.

(

ATTACHMENT 6 120

( ORDINANCE NO. 2007-

AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 297 S. UNION AVENUE TO ALLOW SHORT TERM RENTAL OR OCCUPANCY OF LESS THAN 30 DAYS IN A "C-1 LOCAL BUSINESS 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 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$·3, Chapter 144, of the New Braunfels Code of Ordinances; and WHEREAS, the City Council desires to grant a "Special Use Permit" for Lot 5, Block 5039, located at 297 S. ' U,nion Avenue, to allow short term rental or occupancy of Jess than 30 days in a "C-1 Local Business 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 5, Block 5039, located at 297 S. Union Avenue, to allow short term rental or occupancy of· less than 30 days in a "C-1 Local Business District".

SECTION 2 THAT an Offsite Parking Agreement and Parking Plan, attached as Exhibits "A" and "B" respectively, are herewith adopted as part of the Special Use Permit.

SECTION3 THAT the property will be used for short term rental or occupancy of less than 30 days under the following ( conditions which are hereby made as part of this ordinance: 121

1. The property shall be used ih its current state with no building expansion or added buildings without Special Use Permit amendment. ( 2. A shared parking agreement for a period of no less than 10 years shall be executed between current and future owners, or their assigns, of 291 S. Union Avenue and 297 S. Union Avenue, and shall be recorded with Comal County. 3. A six- to eight-foot privacy fence shall be maintained along the rear property line for as long as the property is used for any purpose other than a single family residence.

SECTION4 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect.

SECTION 5 THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict.

SECTION 6 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

SECTION 7 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 26th day of February, 2007. PASSED AND APPROVED: Second Reading this the 1ih day of March, 2007. CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor ATTEST:

MICHAEL A. RESE~DEZ, City Secretary

APPROVED AS TO FORM:

PAUL ISHAM, Interim City Attorney ( U:\Pianning\Ordinances\Special Use Permits\Harrison 297 Union.ord.doc

2 122

OFFSITE PARKING AGREEMENT

( This SHARED PARKING AGREEMENT is entered into and effective March 12, 2007, by and between the City of New Braunfels and Otto Harrison, Daybreak Investments, Ltd., his successors in interest and assigns.

Pursuant to the guidelines in Sec. 2.2-4(b), Chapter 144, New Braunfels Code of Ordinances, the property owner(s) of Lot 6, Block 5039, known as 291 S. Union Avenue, and Lot 5, Block 5039, known as 297 S. Union Avenue, New Braunfels, Texas, agree to the following:

The property owners of 291 S. Union Street have permission from the owners of 297 S. Union Street, which is an adjacent property, to allow "off-site" parking for users of the property at 291 S. Union Street.

Owners of 297 S. Union Street hereby agree to allow users of the property at 291 S. Union Street to park in spaces on 297 S. Union Street. These spaces include those accessible from the side alley at 297 Union, as well as driveway spaces in front of garage and storage building structures·at 297 Union Street along the alley, and in the drives in front of the garages. The only spaces excluded for 291 Union street are the carport, and the driveway to the carport for the structure at 297 S. Union.

The term of this agreement shall be for ten years. The agreement may be modified if approved by the two owners, as well as the City of New Braunfels. This agreement ,· cannot be voided unless by written agreement from the city, or unless the off-site parking for 291 Union Street is replaced with on-site parking to current code, or is replaced with ( another off-site parking agreement.

If for any reason the agreement is not followed, the owner of the premise using the off­ site parking (the owner of 291 S. Union Street) shall acknowledge that the premise at 291 S. Union Street is in violation of the City of New Braunfels codes, Chapter 2.2-4 (b) regarding off-site parking.

With due process, the City may even take steps to consider voiding the Certificate of Occupancy for 291 S Union Street.

Agreed to this ___ day of _____, 2007.

Owners of 291 S. Union Street

Owners of 297 S. Union Street

( U:\Pianning\ZoneChange-SUP-Replats\2007 cases\pz 02-07-2 and 3 Pkg agr.doc

EXHIBIT "A" 123

PMeA:ne;.s:) (

' JAN B 2007

: ' i '

{ l ; ' '

I I (___ ' '

' ~ ( '( ~_/ :f? EXHIBIT "8" 124

COUNCIL AGENDA ITEM

( SUBJECT REZONING OF LOTS 1AAND1B NCB 5019 KNOWN AS 380 AND 388 EAST MATTER/PROJECT: AUSTIN STREET AND SHORT TERM OCCUPANCY SUP ORIGINATING DEPARTMENT: ------PLANNING PRESENTER: FRANK ROBBINS COUNCIL DATE: FEBRUARY 26, 2007 AGENDA#: 5~1

AGENDA CAPTION:

PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING LOTS 1A AND 1 B, NCB 5019, LOCATED AT 380 AND 388 EAST AUSTIN STREET FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRI.CT" WITH A RESTRICTION; AND GRANTING A SPECIAL USE PERMIT TO ALLOW TWO EXISTING SINGLE-FAMILY HOMES TO BE USED AS DAILY OR WEEKLY RENTALS.

APPLICANT/OWNERS: Applicant: Robert Preston 760 E Mather St. #311 New Braunfels, TX 78130

Current Owner: Robert Preston

BACKGROUND: The subject properties are adjacent to each other in an "R-2 Single and Two Family District". The properties are currently used for long term rental. Owner, Robert Preston, wants to use the properties for short term rental or occupancy of less than 30 consecutive days. The new ordinance effective on ( November 8, 2006 does not allow short term rentals in an "R-2 Single and Two Family District". A zoning of at least an R-3L with an S.U.P. is required to allow for short term rentals. This is the first case to request a zoning change and an S. U. P. for short term rentals since the enactment of the new ordinance.

The subject properties back up to Blieders Creek and an NBU water treatment facility. Schlitterbahn Corporate Offices are directly across the street from both properties. Dehoyos Medical Group offices are located diagonally from Mr. Preston's properties. Due to the perceived high volume of traffic during the summer months Mr. Preston believes his properties will be better utilized for short term rentals.

At this time 388 E. Austin is occupied with long term tenants and 380 E. Austin is vacant. Both properties have three bedrooms with enough area on each lot to provide one parking space per bedroom of on premise parking. As Section 3.6, Chapter 144 New Braunfels Code of Ordinance states, the S.U.P. may be revoked if there are three code violations in a 720 day period. If a revocation occurs the property may be used for any permitted use allowed in the underlying zoning, R-3L in this particular case.

GENERAL INFORMATION: Case#: PZ-02/07-1

Size: Lot 1A 0.236 (10,280.16 sq. ft.) Lot 1 B 0.274 (11,935.44 sq. ft.) Total 0.51 (22,215.6 sq. ft.)

Surrounding Zoning And Land Use: North - "C-3Commercial District"/Medical Offices ( South - "R-2 Single and Two Family District"/Single Family Residence East- "R-2 Single and Two Family District"/NBU Water Treatment Facilities 125

West- "M-1 Light lndustriai"/Schlitterbahn Corporate Offices

Comprehensive Plan Future 18tiof\ Land Use Designation: Commercial 'lse' NOTIFICATION: Nine notices were sent to property owners located within 200 feet of the property in question. One was returned in opposition (#6) and two were returned in favor (#8 and#9).

COMMISSION RECOMMENDATION: Commission approved with staff recommendations and an additional condition of uses only allowed in the R-1 and R-2 districts.

PLANNING COMMISSIONERS AT THE HEARING: Randy Vanstory Cheryl Casteel Sandy Nolte Jan Kotylo Dan Castillo

STAFF RECOMMENDATION: Staff recommends approval 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 provided at one space per bedroom.

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: Pros: Goal1: Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintaining the community's unique qualities. Objectives: C. Consider rezoning, as necessary, to ensure existing and future land use compatibility. The proposed zoning will comply with the future land use designation.

Goal 2: Encourage the mixing of land uses to create a sense of community in the neighborhoods. Objectives: D. Approve rezonings that provide for a mix of land uses. The proposed zoning will further diversify the area with additional uses. The proposed zoning complies with the Future Land Use Designation map.

Cons: Goal 20: Protect character and boundaries of existing neighborhoods. Objectives: A. Protect and improve each neighborhood of the City to be a desirable and attractive residential environment. The proposed use may promote a disruptive environment from parties and noise violations from short term occupants. Increased traffic and congestion of offsite parking may result.

E. Utilize design sensitivity and buffering for commercial uses adjacent to existing or proposed residential area, including existing natural features and physical barriers to buffer incompatible land use. A six foot tall wood privacy fence is the current buffer from the adjacent residence.

G. Discourage Incompatible land uses from abutting residential areas. Increased traffic, parking and noise from short term occupants may disrupt adjacent residence.

H. Utilize existing natural features and physical ba"iers to buffer incompatible uses. There are no natural features to buffer the adjacent single family residence. A six foot tall wood privacy fence already exists between subject property and adjacent residence. \ ~ .1' ~ I n;,OJVJ '' rocon;,

,_.:. N 00

d rv~ ~rv ------/

I:22Z'lJ Subject Area / I l200 Ft. Notification Area ' / ~"V 0«? N 1 inch equals 150 feet Preston 9 I 715 I 1yO I I I 3?0 Feet R-2 to R-3L, SUP Revise+ a , 1, 610 ~.

[22] Subject Area c::J Zoning Districts 1::::::1 SUP Special Use Permit Existing Land Uses Residential Low Density Residential Medium Density - Residential High Density - Manufactured Home Communit} - Commercial - Resort Commercial - Industrial Government - Institutional Schools Mobile Home Park Open ~ Parking Lot Qg] Drainage

1 inch equals 100 feet Preston W+J f I 1o I 1~o I I I 2?0 Feet s R-2 to R-3L, SUP Revised 1124/D Qi Q) LL-

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~ (..) .E C) IC) 131 DRAFT ( EXCERPT FROM PLANNING COMMISSION MINUTES OF FEBRUARY 6. 2007 PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ02107 -1, the proposed rezoning of Lots 1A and 1B, Comal Town Extension 1, located at 380 and 388 E. Austin Street, from "R-2 Single and Two Family District" to "R-3L Multifamily Low Density District" with a Special Use Permit to allow short term rental or occupancy of less than 30 days. (Robert Preston) Ms. Murphy noted that this was the first case under the new Zoning Ordinance that required a request for short term rentals to go through the rezoning process in addition to a Special Use Permit. She explained that both properties had adequate area to meet the City's parking requirements. She said nine notices were sent to property owners within 200' of the subject properties; two responses were received in favor (#8 and 9) and one was received in opposition (#6). She added staff recommended approval 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; and 2) Parking is provided at one space per bedroom.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in favor of the rezoning.

John. Seidel, 801 Elm Creek Road, commented that almost every adjacent property was used for commercial or industrial purposes and urged the Commission to approve the request.

Robert Preston, 760 E. Mather, commented that the heavy traffic in the area, mostly due to Schlitterbahn, had caused a long-term renter in one ofthe houses to move because he feared for his children's lives. He estimated that 500 vehicles daily traveled to the Schlitterbahn offices across the street and parking had become an issue on Austin Street. He said since he was unable to rent his property to families and hoped that the Commission would approve his request for short-term rental.

Chandler Gray, 186 E. Lincoln, said she was in favor of the rezoning because the use would not disrupt the ( neighborhood and the neighbors supported the request. Tommy Saathoff, 2214 S. Abbey Loop, commented that things changed over time and the proposal was a good idea for the area.

Vice Chairman Vanstory asked if there was anyone in the audience who wished to speak in opposition to the rezoning. No one spoke.

Motion by Commissioner Kotylo, seconded by Commissioner Casteel, to close the public hearing. The motion carried unanimously. (5-0-0)

A motion was made by Commissioner Casteel, seconded by Commissioner Castillo, that Case #PZ02/07-1, the proposed rezoning of Lots 1A and 1B, Comal Town Extension 1, located at 380 and 388 E. Austin Street, from "R-2 Single and Two Family District" to "R-3L Multifamily Low Density District" with a Special Use Permit to allow short term rental or occupancy of less than 30 days, be forwarded to City Council with a recommendation to approve, subject to 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; and 2) Parking is provided at one space per bedroom.

Commissioner Kotylo noted that the surrounding properties were commercial and the neighbors did not oppose the request.

Commissioner Castillo asked why the R-3L district was chosen. Mr. Robbins provided background on the discussions that had taken place with City Council when the zoning ordinance was still in draft stage. He added that staff had concerns about the process, but noted that staff's recommendation would essentially prohibit apartments from being constructed on the property.

Commissioner Castillo moved to amend the motion by specifying that only the uses listed in the R-2 and R-1 districts ( be permitted in addition to the Special Use Permit. Commissioner Casteel seconded the amendment to the motion, which carried unanimously. (5-0-0)

The originalrnotion, with the amendment, carried unanimously. (5-0-0) ATTACHMENT 4 c

( I " ATTACHMENT 5 ;3J.··

( '

( 134

ORDINANCE NO. 2007-

( AN ORDINANCE REZONING LOTS 1A AND 1B, NCB 5019, LOCATED AT 380 AND 388 EAST AUSTIN STREET FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT" WITH A RESTRICTION; AND GRANTING A SPECIAL USE PERMIT TO ALLOW TWO EXISTING SINGLE-FAMILY HOMES TO BE USED AS DAILY OR WEEKLY RENTALS.

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

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

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

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

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

consideration to all components of said permit; and

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

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

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

providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district; and (_ WHEREAS, the City Council desires to amend the Zoning Map for Lots 1A and 1B, NCB 5019, located at 380

and 388 East Austin Street, from "R-2 Single and Two Family District" to "R-3L Multifamily Low Density District" with an

additional restriction, and granting a Special Use Permit; now therefore,

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

I.

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

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

Single and Two Family District" to "R-3L Multifamily Low Density District" {r74); and granting a Special Use Permit: The

{r74) shall mean an additional restriction:

"Being Lots 1A and 1B, NCB 5019, located at 380 and 388 East Austin Street" as shown on Exhibit "A".

II.

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

additional restriction {r7 4) shall be considered as an amendment to the zoning ordinance for the property described in

( Section 1 of this ordinance:

1. The property shall be limited to uses permitted in the R-2 Single and Two Family District. 135

Ill.

( THAT the properties will be used as daily/weekly rental facilities under the following condition which is hereby

made as part of this ordinance:

1. The properties will be used in their current state with no building additions or additional buildings without

an amendment to the Special Use Permit. A site plan of the properties as of the date of this ordinance is

provided as Exhibit "B". The site plan Exhibit "B" is adopted as part of this ordinance.

IV.

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

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.

VI.

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

they, are in conflict.

VII.

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.

VIII.

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

1 PASSED AND APPROVED: First Reading this the 26 h day of February, 2007.

PASSED AND APPROVED: Second and Final Reading this the 12'h day of March, 2007.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM: ( PAUL ISHAM, Interim City Attorney

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COUNCIL AGENDA ITEM

SUBJECT ( FIRST READING - ORDINANCE ANNEXING 14.856 ACRES ON FM 306 MATTER/PROJECT: ORIGINATING DEPARTMENT: PLANNING PRESENTER: FRANK P')BBINS

COUNCIL DATE: 2/26/07 AGENDA#:

AGENDA CAPTION: FIRST READING OF AN ORDINANCE ANNEXING 14.856 ACRES OUT OF LOT 2 AND LOT 3, HIGH POINT SUBDIVISION, UNIT 3, KNOWN AS 1529 FM 306 TO THE CITY OF NEW BRAUNFELS, TEXAS, AND ADOPTING A SERVICE PLAN.

RATIONALE: Part of Lot 2 was annexed into the City limits in 1981 and the first 300 feet of both lots from FM 306 was annexed in 1984. Johnnie Rodriguez, the owner of these properties, entered into a restrictive covenant (non-annexation) agreement with the City on December 22, 2004 for the remainder of the properties. The City agreed to delay annexation for three years unless the owner, or any other individuals who may gain ownership of the property, sought to change the use of the property to a use other than the current existing uses or filed for plat or master plan approval. In such an instance, the property was subject to immediate annexation and zoning and the covenant constituted a voluntary petition for annexation.

The applicant has begun the process of replatting Lots 2 and 3 to create an additional lot and the construction of two additional homes, triggering annexation. A request for voluntary annexation was received by the Planning Department from the owner on January 31, 2007.

The process for zoning the property has begun. Staff is recommending APD zoning since the property is (_ large acreage and the owners may choose to construct multiple outbuildings.

FISCAL IMPACT: The subject property currently receives City fire and EMS services. The property is accessed off FM 306, which is currently maintained by TxDOT. The annexation of the subject property will require additional City police, library, and administrative services once developed.

BOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: Staff recommends approval.

U:\Pianning\CCagenda\Annexation\2007\2007-1st reading- Rodriguez FM 306.doc

(

Finance: Agenda Item#: ~,L)__ _ Attachments: Council Date: Feb. 26, 2007 2007 Voluntary Annexation Rodriguez 1529 FM 306

Rodriguez Voluntary Annexation 5 =New Braunfels City Limits ···-···...... 1 ,~Countyy~ne~~\

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( 1529 FM 306 New Braunfels, TX 78132

January 31, 2007

City of New Braunfels Attn. Frank Robbins P.O. Box 311747 New Braunfels, TX 78131-1747

Dear Mr. Robbins, Thank you for meeting with us so quickly yesterday. I appreciate your efforts making this process as smooth as possible. In regards to our meeting, I am requesting annexations of my two properties. There were three listed in the covenant but one is already completely within city limits. The other 2 properties are located in the High Point Subdivision, Unit 3, Lots 2 and 3, with 28.526 and 8.982 acres respectively. Please let us know if there is any additional information that you need to me provide. You can ' contact me or Susan with any questions. ( Regards,

Johnnie Rodriguez

( 141

ORDINANCE NO. 2007- ( AN ORDINANCE ANNEXING 14.856 ACRES OUT OF LOT 2 AND LOT 3, HIGH POINT SUBDIVISION, UNIT 3, KNOWN AS 1529 FM 306 TO THE CITY OF NEW BRAUNFELS, TEXAS; AND EXTENDING THE BOUNDARIES OF THE CITY OF NEW BRAUNFELS TO INCLUDE SAID TERRITORY WITHIN THE CITY LIMITS; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID TERRITORY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF NEW BRAUNFELS; AND ADOPTING A SERVICE PLAN.

WHEREAS, the city is authorized to annex territory in accordance with the Texas Local Government Code, Chapter 43 and the City of New Braunfels, Texas home-rule charter and by statute; and

WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction and is contiguous to the corporate limits of city; and

WHEREAS, the City of New Braunfels has prepared a service plan for said territory which is attached as Exhibit "B" to this ordinance; and ·

WHEREAS, the city has published notice of hearings on said annexation and held hearings as required by state law; now, therefore:

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

SECTION 1 ( That the following described territory, shown on a map which is attached as Exhibit "A" and described in Exhibit "B", are hereby annexed into the city, and that the boundary limits of the city are hereby extended to include said territory within the city limits and the same shall hereafter be included within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the city and shall be bound by the acts and ordinances of said city:

SECTION 2

That the municipal service plan for the herein annexed territory provided for in Exhibit "C" attached hereto is hereby adopted.

SECTION 3

That the city secretary is hereby directed to file with the county clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy of this ordinance.

SECTION4

This ordinance will take effect upon the second and final reading of same and upon publication as required by law.

(

1 142

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

( 1 PASSED AND APPROVED: First Reading this the 26 h day of February, 2007.

PASSED AND APPROVED: Second and Final Reading this the 1ih day of March, 2007.

CITY OF NEW BRAUNFELS, TEXAS

BY: R. BRUCE BOYER, MAYOR

ATTEST:

MICHAEL A. RESENDEZ, CITY SECRETARY

APPROVED AS TO FORM:

PAUL ISHAM, INTERIM CITY ATIORNEY

P:\Annexation\2007 Annexation\Rodriguez 2-07\Rodriguez annex.ord.doc

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S. CRAIG HOLLMIG INC. ENGINEERS,.. SURVEYORS 410 NORTH SEGUIN ST. ALl CLIIU- liiUIJI­ NEW BRAUNFELS TEXAS 78130 -or-.aAI! (830}625-8555 (16/1115- .IIA'IIJIII5') (ltft4P J'JIG&tB .IIA'IIJIII5')

::z:: e.. a:: LOTS HIGH POINT LOT2 c UNIT 2 HIGH POINT {10/868) UNIT 2 ~ {10/868) 1--".s::. PROPOSED ANNEXATION w 14.H56 ACRES SCALE .1"' = 200'

m :r:>< N 1$'19" 411'" n.•· t6 N wora1•r 11.1ii' =i N w.,r..;,-• BLOCK -1- N 14'15'81"Jf l> ';0 104.18" VACATE PLAT OF LOTS 2 AND 8, BLOCK 1 <~ ';0 HIGH. .POINT Unit Three Roconled m Volume 12, P1111• 219 of U&o Jlfi!P ll'llri Plat PROPOSED ANNEXATION 2007 Roconls of Comal C-'1/, Tens. EXHIBIT PLAT 144

FIELD NOTES ( FOR ANNEXATION OF A PORTION OF LOTS 2 AND 3 HIGH POINT, UNIT THREE 14.856 ACRES 2007 ANNEXATION

Being 14.856 acre area ofland out of the A. P. Fuquay Survey No. 35, Abstract No. 155 in Comal County, Texas, and being approximately 6.28 acres out of Lot 2, Block 1 and approximately 8.576 Acres out of Lot 3, Block 1 of High Point, Unit Three, a subdivision of record in Volume 12, Page 219 of the Map and Plat Records ofComal County, Texas, said area being more particularly described as follows:

BEGINNING: At the West corner of the existing City Limits Line described in Ordinance #81-30 of the City ofNew Braunfels, located on the Easterly bank of the Guadalupe River, for the most Southerly comer of this area;

THENCE: Leaving the Point of Beginning, along the Northeasterly bank of the Guadalupe River, partly along the Southwesterly line of Lot 2 and the Southwesterly line of Lot 3, N 75° 19' 48" W 5.60 feet, the common comer of Lots 2 and 3 and continuing along the Northeasterly bank of the Guadalupe River, N 10° 04' 44" W 63.67 feet, N 20° 13' 58" E 56.42 feet, N 16° 09' 09" W 53.73 feet, N 59° 51' 35" W 53.73 feet, N 11 o 52' 16" W 67.87 feet, N 60° 51' 29" W 137.73 feet, N 55° 37' 10" W 155.43 feet, N (~- 62° 46' 26" W 161.14 feet, and N 63° 18' 52" W 64.29 feet to a lower West corner of Lot 3, same being a South comer of the remainder of a 246.58 acre tract recorded in Volume 65, Page 505 of the Deed Records of Comal County, Texas, for a comer of this area;

THENCE: Continuing along the Southwesterly line of Lot 3, N 35° 59' 37" E 131.14 feet, N 34° 37' 45" W 464.14 feet, and N 55° 56' 05" E 233.84 feet to the most Northerly corner of Lot 3, a corner of said remainder of246.58 acre tract, for a West comer of Lot 3 of High Point, Unit 2, of record in Volume 10, Page 363 of the Map and Plat Records ofComal County, Texas, for the most Northerly corner of this tract;

THENCE: Along the Northeasterly line of the above referenced Lot 3, the South­ westerly line of said Lot 3, High Point, Unit 2, S 62° 20' 50" E 159.35 feet, S 22° 38' 55" W 214.89 feet, S 26° 37' 15" E 201.31 feet, andS 56° 05' 04" E 847.23 feet to an interior corner of the above referenced Lot 3, the South comer of Lot 2 of High Point, Unit 2, for an interior comer of this area;

THENCE: Along a Northwest line of the above referenced Lot 3, a Southeast line of said Lot 2, the approximate centerline of an overhead electric transmission line, N 58° 51' 38" E 825.90 feet and N 58° 54' 06" E 827.52 feet to its intersection with the Westerly line of the existing City Limits of the City ofNew Braunfels described in Ordinance# 84-54 ( of the City ofNew Braunfels, for the Northeast comer of this area;

EXHIBIT B 145

THENCE: Along the Westerly line of said existing City Limits described in Ordinance ( #84-54, S 21 o 28' 18" E 135.09 feet to the South comer of said City Limits described in Ordinance #84-54, lying in the Northwest line of the existing City Limits described in Ordinance #81-30, for the Southeast comer of this area;

THENCE: Along the Northwesterly line of said existing City Limits described in Ordinance #81-30, and along a line 550 feet Northwesterly from and parallel with the centerline of the Union Pacific Railroad, S 48° 46' 01" W 478.0 feet to the beginning of a curve to the right, for a comer of this area;

THENCE: Continuing along the existing City Limits Line and a line 550 feet North­ westerly from and parallel with the centerline of the Union Pacific Railroad, in said curve to the right, having a radius of 2314.90 feet, an arc length of 1120.48 feet, and a chord bearing and distance of S 62° 09' 04" W 1109.57 feet to the end of said curve, for a corner of this area;

THENCE: Continuing along the existing City Limits Line and a line 550 feet North­ westerly from and parallel with the centerline of the Union Pacific Railroad, S 76° 43' 00" W 474.09 feet to the Point ofBeginning.

Job #06-1247(Annexation)

( 146

2006 ANNEXATION PROGRAM ( CITY OF NEW BRAUNFELS, TEXAS SERVICE PLAN FOR 2007 ANNEXATION- RODRIGUEZ PROPERTY

Upon annexation of the area identified above and as identified on Exhibit A, the City of New Braunfels will provide City services utilizing methods by which it extends services to any other equivalent area of the City.

SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION

1. Police Protection The City of New Braunfels, Texas and its Police Department will provide police protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and population density as those found within the newly annexed areas. The Police Department will have the responsibility to respond to all dispatched calls for service or . assistance within the newly annexed areas.

2. Fire Protection and Emergency Medical Services The City of New Braunfels, Texas and its Fire and Rescue Department will provide fire protection and EMS to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. The Fire and Rescue Department will have the responsibility to respond to all dispatched calls and requests for service or assistance within the newly annexed areas.

3. Maintenance of Water and Wastewater Facilities Any and all water or wastewater facilities owned or maintained by New Braunfels Utilities (NBU) at the time of the proposed annexation shall continue to be maintained by NBU. Any and all water and wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall C~_ be maintained by NBU to the extent of its ownership. The now existing water and wastewater mains at existing locations shall be available for the point of use extension based upon the NBU standard extension policy now existing or as may be amended. On-site sewerage systems may be maintained in accordance with Chapter 130 of the City Code of Ordinances.

4. Solid Waste Collection The City of New Braunfels, Texas collects solid waste and refuse within the corporate limits of the City. Solid waste collection and residential recycling will be provided to citizens in the newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City will impose fees and provide the service.

If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for serVice after the two­ year date.

5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those found within the newly annexed areas. Private roads will remain under ( the ownership of the homeowners association and as such maintained by the association.

Page 1

EXHIBIT C 147

( 6. Maintenance of Parks. Playgrounds, and Swimming Pools The City of New Braunfels, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under the ownership of the homeowners association and as such maintained by the association.

7. Maintenance of any Publicly owned Facility, Building or Municipal Service The City of New Braunfels, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas.

8. Other Services The City of New Braunfels, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topog~aphy, land use and density as those found within the newly annexed areas.

CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2% YEARS

(__ 1. Police and Fire Protection and Solid Waste Collection The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of New Braunfels, Texas with like topography, land use and population density as those found within the newly annexed areas.

2. Water and Wastewater Facilities For the next 2 %years, New Braunfels Utilities finds and determines that there is sufficient capacity for water and wastewater to provide services to the annexed areas pursuant to NBU's extension policies. The construction of any capital improvements necessary to extend water and wastewater services to an annexed area will be completed pursuant to Chapter 43 of the Texas Local Government Code, as amended and Chapter 130 of the City Code of Ordinances.

3. · Roads and Streets The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas.

4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular ( annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. Page2 148

( SPECIFIC FINDINGS The City of New Braunfels, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics.

TERMS This plan shall be valid for a term of ten ( 10) years. Renewal of the Service Plan is at the discretion of the City of New Braunfels.

LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service.

AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code.

''

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Page 3 149

COUNCIL AGENDA ITEM

SUBJECT ( Term Limits for Various Boards and Commissions of the City of New Braunfels MAHER/PROJECT: ORIGINATING DEPARTMENT: City Secretary PRESENTER: Ken Valentine, District 6 COUNCIL DATE: February 26,2007 AGENDA#: stt,£--..1 __

AGENDA CAPTION:

DISCUSS AND CONSIDER ACTION ON TERM LIMITS FOR THE VARIOUS BOARDS AND COMMISSIONS OF THE CITY OF NEW BRAUNFELS ..

RATIONALE:

At the request of Councilmember Valentine, an item regarding possible term limits for the City's boards and commissions was placed on the November 27, 2006, regular City Council agenda.

Following a discussion on the matter, City Council instructed staff to return to City Council with an overview of the City's boards and commissions, specifically addressing their creation, composition and acting capacities.

For reference purposes, staff had attached a board and commission composition list, a membership list for all boards and commissions, a list noting the service history for all members currently serving on boards and commissions, and attendance records. These items were all support documents in the ~anuary 22, 2007 agenda packet, with the exception of NBU Board attendance record.

FISCAL IMPACT:

Not Applicable.

BOARD RECOMMENDATION:

Not Applicable.

STAFF RECOMMENDATION:

Staff requests that City Council be cognizant of the number of boards and commissions currently in service (26 including ad-hoc) and the number of members serving on these boards and commissions (175 total) when considering term limits. Situations arise whereby not enough applications are received to fill vacancies on some boards. It is not unusual for some boards and commissions to conduct business with a vacancy or vacancies for an extended period of time .. These situations eventually affect quorum requirements for meetings which can result in scheduling conflicts. Also, City Council should be cognizant of the defined or specialized membership that some boards and commissions require (examples: Airport, Arts, Building Standards, Community Development, Construction Board of Appeals, Design/Sidewalk, Heritage, Historic Landmark, Landa Park Golf Course).

If City Council determines that term limits are necessary, staff would request that it not implement an "across the board" structure. Some boards have requirements that are set-out in state law that may conflict with a uniform policy for all boards.

(

Finance: Agenda Item #: $ ~-""'---­ Attachments: Council Date: February 26, 2007 155

( MEMORANDUM

TO: Mayor Bruce Boyer and Members of the City Council

FROM: Paul C. Isham, Interim City Attorney

DATE: January 16, 2007

SUBJ: Boards and Commissions

With regard to your deliberations concerning setting term limits for City boards and commissions, you should note the following with regard to certain boards and commissions:

1. Central Texas Technology Board - Any change in terms or limit of terms would require an amendment to an agreement with the City of Seguin;

2. Civil Service Commission (Firefighters') - State law, Section 143.006, Local Government Code provides for the appointment of the Commission. State law does not require term limits. It is my opinion that any restriction placed on the appointment process enumerated in Sec. 143.006 would not be valid;

3. Housing Authority- State law provides that the Housing Authority may consist of 5, 7, 9 or 11 members appointed by the Mayor. If the Housing Authority consists of 5 members, one must be a tenant of a public housing project. If the board is 7 or more members, two members must be tenants of a public housing project. The members of the board that are tenants of public housing projects are limited to two 2-year terms;

4. NB Industrial Development Corporation- The 4B Board is created pursuant to State law, but the law does not dictate the board terms or whether the terms can be limited. The Council could implement those provisions for the 4B Board;

5. Board of Trustees, NBU- The composition of the Board is set-out in the City Charter and a charter amendment would be necessary to change that composition. The Council can change the length of terms and place a limit on the number of terms;

6. Planning and Zoning Commission - The City Charter creates a planning commission which also serves as the zoning commission pursuant to State law. The Charter defines the term of a P & Z commissioner and does not require term limits. Term limits for P & Z members would require a Charter amendment; and

7. Zoning Board of Adjustment- The ZBA is created pursuant to Sec. 211.008, Local Government Code. That section requires that there be at least five 156

member~ and allows for the appointment of alternate member:;. It also sets the c term at two years. In my opinion, the State law creating a ZBA does not prevent the Council from implementing term limits on the ZBA board members.

You also should be aware of the fact that members of the Building Standards Commission, Civil Service Commission, Construction Board of Appeals, Housing Authority, NB Industrial Development Corporation, Board of Trustees, NBU, Planning and Zoning Commission, and the Zoning Board of Adjustment are considered public officials of the City of New Braunfels because these boards or commissions have some degree of decision-making authority independent of the City Council.

(_~--

( 157

( BOARDS AND COMMISSIONS

1. AIRPORT ADVISORY BOARD

Number of Members: 7 Qualifications: 5 must be city residents 2 can be city residents or live in ETJ and have aviation related experience Terms: 3 years staggered

2. ARTS COMMISSION

Number of Members: 7 Qualifications: All must be city residents Must be interested in the arts. Four selected from a list submitted by Greater New Braunfels Arts Council Terms: 3 years staggered with no more than 3 members appointed in any one year

3. BOARD OF LITERARY REVIEW

Number of Members: 9 Qualifications: Must be city residents Appointed by Mayor with approval of City Council Terms: 2 years

4. BUILDING STANDARDS

Number of Members: 5 permanent members and 2 alternate members Qualifications: All must be city residents One member each shall be from (a) real estate profession, (b) home building profession, (c) development profession, and (d) legal profession One permanent member and two alternates will be from public at large Terms: 2 year staggered

5. CENTRALTEXASTECHNOLOGYBOARD

Number of Members: 10, 5 from New Braunfels and 5 from Seguin Qualifications: None Terms: 3 year staggered Maximum of two 3-year terms

6. CIVIL SERVICE COMMISSION (FIREFIGHTERS') 158

( Number of Members: 3 Qualifications: Created Under state law, Chapter 143, Local Gov't Code Appointed by City Manager with approval of City Council Must be city resident and U.S. citizen Must be at least 25 years of age Must not have held a public office within the preceding 3 years Terms: 3 year staggered terms

7. COMMUNITY DEVELOPMENT

Number of Members: 9 Qualifications: All must be city residents Broadly representative of all aspects of the community 2 must be low-to-moderate income residents Terms: 3 years staggered with no more than 3 members appointed in any one year

8. CONSTRUCTION BOARD OF APPEALS

Number of Members: 7 with 4 alternates Qualifications: 1 - registered design professional with agricultural experience or a builder or superintendent of building construction 1- registered design professional with engineering experience 1 _; licensed mechanical contractor 1 - licensed electrical contractor 1 - licensed plumbing contractor 2 - licensed general contractors OR 1 - of the above can be an attorney or a citizen 4 - alternates must possess same qualifications as above Terms: 5 years

9. DESIGN/SIDEWALK COMMITTEE

Number of Members: 9 Qualifications: 7 must own or occupy property within the Downtown business corridor 2 members at large Appointed in the same manner as Main Street Advisory Board Term: 2 year staggered terms ( 10. ETHICS COMMISSION 159

c Number of Members: 7 Qualifications: Must be city residents Mayor and council members appoint one member each Terms: 3 year staggered Run concurrent with the term of council member appointing the member

11. HERITAGE COMMISSION

Number of Members: 7 Qualifications: All must be city residents Four must be chosen from a list submitted by the . New Braunfels Historic Museums Association, Inc. Must be interested in historic preservations and heritage activities Terms: 3 year staggered terms with no more than 3 appointed in any one year

12. HISTORIC LANDMARK COMMISSION

Number of Members: 9 Qualifications: 6 must be city residents and the other 3 may be residents of either Comal County or Guadalupe County, but must be in the City's ETJ 1 - from the Comal County Historical Commission 3 -Historic Museums Association 5-at large Terms: 4 year staggered terms No member can serve more than two consecutive terms

13. HOUSING AUTHORITY

Number of Members: 5 Qualifications: Must be a city resident Initial board appointed by Mayor Term: 2 year staggered terms

14. IMPACT FEE ADVISORY BOARD

Number of Members: 13 Qualifications: 9 members of the Planning and Zoning Commission Mayor General Manager of New Braunfels Utilities President of Board ofNBU ( 1 member from City's ETJ 161il

( Terms: The member from City's ETJ will have a 3 year term. 15. NB INDUSTRIAL DEVELOPMENT CORPORATION (officially known as the New Braunfels Infrastructure/Improvement Corporation

Number of Members: 7 Qualifications: All directors must be city residents 3 of the directors cannot be employees, officers, or members of the governing body (state law) Terms: 2 years

16. LANDA PARK GOLF COURSE ADVISORY BOARD

Number of Members: 7 Qualifications: 5 must be city residents 2 may be city residents or reside in ETJ 4 members are appointed at large 1 member must be member of Landa Park Men's Golf Association and recommended by Association 1 member must be member of Landa Park Ladies' Golf Association and recommended by Association 1 member must be member of Landa Legends Golf Association and recommended by Association Terms: 3 year staggered terms

17. LIBRARY ADVISORY BOARD

Number of Members: 7 Qualifications: 5 members must be city residents All members must be city residents or live in Comal County Citizen of United States and qualified voter Terms: 3 year staggered terms

18. MAIN STREET ADVISORY BOARD

Number of Members: 9 Qualifications: Interested in downtown preservation and revitalization 1 member shall be recommended by the Downtown Association Executive Committee and shall be a member of the Association Terms: 3 year staggered terms

19. BOARD OF TRUSTEES, NEW BRAUNFELS UTILITIES ( Number of Members: 5 161

Qualifications: Must be city residents ( The Mayor is one member of the Board . 4 other members Terms: 5 year, except Mayor, starting November 1

20. PARKS AND RECREATION ADVISORY BOARD

Number of Members: 7 Qualifications: Must be city residents Terms: 3 year

21. PLANNING AND ZONING COMMISSION

Number of Members: 9 Qualifications: 7 must be city residents 2 may be residents in the City's ETJ Created by City Charter Terms: 3 years

22. RIVER ACTIVITIES COMMITTEE

Number of Members: 7 Qualifications: Must be city residents Each council member appoints a person to the Committee Terms: One 3-year term

23. SAFE CITY COMMISSION

Number of Members: 26 regular members and 3 ex officio members 4 (Mayor, City Manager, Chief of Police and member of of Police Department) Qualifications: 26 regular members appointed by Mayor 1 student member each from New Braunfels High School, Canyon High School, and Smithson Valley High School appointed by appropriate school official Terms: None

24. TRANSPORTATION AND TRAFFIC

Number of Members: 7 Qualifications: Must be city residents Each council member will appoint one member from his/her district Mayor appoints an at-large member Terms: Concurrent with council member appointing the member ( 162

25. TREE AND LANDSCAPE ( Ad hoc committee with no terms and no formal ordinance or resolution creating the committee.

26. ZONING BOARD OF ADJUSTMENT

Number of Members: 5 regular members and 4 alternate members ·Qualifications: None specifically Terms: 2 year staggered terms

( 163 CITY OF NEW BRAUNFELS BOARDS AND COMMISSIONS Updated: October 12, 2006

( New Braunfels Municipal Airport Advisory Board {On Call){3 Year Term) {Sections 10-26 to 10-28- five residents of City, two residents of City or ETJ)

Charles Woods May 12,2008 Ted H. Garland May 12,2007 Paul Andreas May 12,2008 Vacancy May 12,2009 Donald Staats May 12,2009 Robert Nohrn May 12,2007 J. N. {Jay) Patrick May 12,2007

Arts Commission {On Call){3 Year Term) {Sections 30-26 to 30-29 - seven citizens of City)

Greater New Braunfels Arts Council: Gloria DelaCerda-Espinoza January 31, 2008 Bobbie Landrum January 31, 2008 Jane Spaeth January 31, 2009 John Magness {chairman) January 31, 2009 At Large Members: Oscar Daniel Castillo January 31, 2007 Cathy Clark January 31, 2007 __ (_ Caroline Weston January 31, 2008

Building Standards Commission {As needed){2 Year Term) (Section 50.2- Residents of the City. One member with experience in each of the following areas: a) real estate profession; b) home building profession; c) development profession; and d) legal profession. One regular member and two alternate members from the public at large.)

Regular Members Development: Bobby NcNeil October 26, 2006 Home Building: Vacancy October 26, 2006 Legal: Matt Kyle October 26, 2007 Real Estate: Mary Ann Carter October 26, 2006 At Large: John Seidel October 26, 2007 Alternate Members At Large: Rory Parker October 26, 2007 At Large: Ron Knott October 26, 2008

( 164 Central Texas Technology Center Advisory Board (5 Members from New Braunfels and 5 members from Seguin)

Debbie Fitsko (NBISD appointee) April 26, 2009 ( Nancy Cobb (CISD appointee) April 26, 2009 Paula DiFonzo (Chamber appointee) April 26, 2009 Monroe Miller (Industrial Dev. Corp appointee) April 26, 2008 Charles D. Barker (City Council appointee) April 26, 2008

-Seguin:

Mark Wallock Joe Patterson Karlene Krueger Vickie De La Rosa Mary Springs

Civil Service Commission: (three member board appointed by the City Manager)

Jan Kotylo , chairman October 10, 2009 Fritz Welsch, Jr. October 10, 2008 Ambrosio "Butch" Benitoz October 10, 2007

·community Development Advisory Committee (1st Tuesday, 6:00pm)(3 year Term) (Sections 38-26 to 38-29 - nine citizens of City)

Samuel F. Helmle December 13, 2006 Laurie Hawkins December 13, 2007 Alejandro Campos December 13, 2006 Matthew Edwin Hoyt December 13, 2006 Rolf Moore December 13, 2008 Harry Bowers IV December 13, 2008 Vacancy December 13, 2008 Rob Clark December 13, 2007 Nancy Trapani December 13, 2007

Construction Board of Appeals (As Needed)(5 Year Term) (Sections 14-29 a-n) 7 Board Members &4 Alternates- No residency requirement) · Membership to include 1 registered design professional with architectural experience, 1 registered design professional with engineering experience, 1 licensed mechanical contractor, 1 licensed electrical contractor, 1 licensed plumbing contractor and 2 licensed general contractors.

Regular Members Dale Cumberland February 24, 2008 Jeff Coleman February 24, 2008 Kathy deBerjeois February 24, 2008 ( Paula DiFonzo February 24, 2008 Steven Digges February 24, 2008 165

Jeff Falck February ~4. 2008 Randy Taylor February 24, 2008

Alternate Members ( StoneR. Williams February 24, 2008 Lydell Toye February 24, 2008 Ellen Salyers February 24, 2008 GibWatt February 24, 2008

Design/Sidewalk Committee (2 Year Term)(Section 114-4(g)) 9 members with 7 members owning or occupying property within the Downtown Business Corridor. 2 At Large members.

Joy Streater December 31, 2007 Susan W. Groff December 31, 2006 Vacancy December 31, 2006 William Groff December 31, 2007 Gretchen Reuwer December 31, 2007 Vacancy December 31, 2007 At Large: Michael Lee December 31. 2006 Judy Maersch December 31, 2007

Ethics Commissions (As needed) (Section 2-8 - One member from each of the six City Council Districts and one at-large member. Terms concurrent with appointing Council member. ( __ Annual meeting in June of each year.)

At large: Paul Finley May 2008 District 1: Cruz Gomez May2007 District 2: Loraine Kraft May2007 District 3: Ben P. Wehman May2009 District 4: Todd Keller May2009 District 5: Bob Gray May 2008 District 6: Charles Barker May 2008

Heritage Commission (On Call)(3 Year Term) (Sections 66-26 to 66-29 - seven citizens of City)

New Braunfels Historic Museums Association: Anna Lee Hicks March 11, 2008 Helgard Suhr-Hollis March 11, 2008 Mary Anne Hollmig March 11, 2009 Rose Marie Zipp March 11, 2009

At Large Members: Joanna H. Lewis March 11, 2007 Barron Schlameus March 11, 2007 ( Dr. Frederick Fruholz, Jr. March 11, 2007 166

Historic Landmark Commission (2"d Thursday, 8:30am)(4 Year Term) (Sections 66-51 to 66-61 -9 members- 6 in City/3 in County- 5 At-large, 1 Comal ( Co. Historical Commission and 3 Historic Museum Assoc.)

David Hartmann (New Braunfels Conservation Society) April 7, 2008 Sansy C. Kelley (At large) April7, 2010 Carola M. Davis (Comal Co. Historical Commission) April 7, 2008 Linda P. Dietert (Historic Museum Assoc.) April7, 2010 Courtney Lyons-Garcia April 7, 2008 Bruce Inman (At Large) April 7, 2008 Marijane Fischer Stafford (At large) April 7, 2010 Martha Rehler (At Large) April 7, 2008 Oscar "Dan" Castillo (At large) April7, 2010

Housing Authority of City of New Braunfels Board of Commissioners (2 year Term) (Last Thursday/Last Month of Quarter, 5:30pm)(Resolution dated 01/22168 - residency required)

Joe Alvarado January 22, 2007 Ogden Coleman January 22, 2008 Lucille Garcia January 22, 2008 Nancy Zarbrock January 22, 2008 Brandy M. Doster (tenant) January 22, 2007

New Braunfels Industrial Development Corporation (4B)(2 year Term) (3rcJ Wednesday, 7:00pm)

Matthew Harrison October 9, 2008 Kirk Kistner October 9, 2007 Monroe Miller October 9, 2008 Bill Morton October 9, 2007 James H. Dunks October 9, 2008 John Malik October 9, 2007 Julie Martinez October 9, 2007

Landa Park Municipal Golf Course Advisory Board (On Call) (3 year Term) (Sections 86-66 to 86-71)(Two may reside in ETJ, at-large members may not belong to an association)

Landa Ladies Golf Association: Charlotte Larson December 31, 2008 Landa Legends Golf Association: Freddie Oertli December 31, 2008 New Braunfels Men's Golf Association: Richard A. Henault December 31, 2007 At-Large: John C. Sawyer December 31, 2008 Dale Hemsell December 31, 2006 Rustin Adams December 31, 2007 Peter D. Udelhoven December 31, 2006 ( Advisor: Landa Park Golf Course Manager/Pro 167 Library Advisory Board (3rd Monday of Month per Bylaws 1986)(3 year Term) (Sections 78-26 to 78-31, seven citizens of US, qualified voters, five residents of City)

( Janet Brandt September 26, 2009 Donna Heath September 26, 2008 Julia Ousley September 26, 2007 Pauline Reynolds September 26, 2008 Robert Ristau September 26, 2009 Vincent Cavanaugh September 26, 2007 Robert West September 26, 2008

Main Street Advisory Board (1st Wednesday, 8:10am)(3 year Term) (Sections 38-51 to 38-56, Individuals interested in Downtown Revitalization, no residency requirement)

Mickey Lee December 31, 2008 Laurie Hawkins December 31, 2007 Sumner Bowen December 31, 2006 Vacancy December 31 , 2007 Rep. of Downtown Association (Jan Kotylo) December 31, 2006 Courtney Lyons-Garcia December 31, 2006 Craig Massouth December 31, 2008 Rob Clark December 31, 2007 Judith Maersch December 31, 2008

New Braunfels Utilities Board of Trustef;!s (last Thursday of Each Month, Council Makes appointments 1st meeting in October)(5 YearTerm)(Sections 130-26to 130-32, five citizens who are permanent residents)

Atanacio Campos October 31, 2010 Guadalupe Castillo October 31, 2011 RobertSohn October 31, 2008 Bob Smith October 31, 2009 Mayor of City of New Braunfels

Parks and Recreation Advisory Board (1st Monday of each month, 7:00pm)(3 Year Term) (Sections 86-36 to 86-42, seven residents of City)

John (Tommy) Allen October 13, 2007 Kyle Estes October 13, 2008 David Davenport October 13, 2008 Frances W. Soechting October 13, 2007 Rolf Moore October 13, 2008 John M. Mathis October 13, 2009 Donald Duncan October 13, 2009 ( 168 Planning and Zoning Commission (1st Tuesday, 6:30pm)(3 year Term) (Charter Section 10.01 and Section 98-26 to 98-32, nine citizens who own real property within City)

( Larry Alexander May 31,2007 Randy VanStory May 31,2008 Judith Hoffmann May 31,2009 Fred Heimer May 31,2007 Cheryl Casteel May 31,2009 Sandy Nolte May 31,2008 Daniel Castillo May 31,2008 Jan Kotylo May 31,2009 Mike Ybarra May 31,2007

NOTE: The Planning and Zoning Commission also acts as the Impact Fee Advisory Committee. When acting as the above the following members are added to the Commission. (Section 2-110 to 2-114)

Guadalupe Castillo (President of the NBU Board of Trustees, Ex Officio) Paula DiFonzo (General Manager of New Braunfels Utilities, Ex Officio) Randy Haugh (Member residing in ETJ) January 10, 2005 Bruce Boyer (Mayor of the City of New Braunfels, Ex Officio)

River Activities Committee (3 Year Term)(One member to be appointed by each Councilmember, terms to run concurrent with term of appointing Councilmember. Residents (_ of New Braunfels) District 1: Ramon Chapa, Jr. May2007 District 2: Barry Shea May2007 District 3: Irene Allen May2009 District 4: John Davis May2009 District 5: Joe Breads May2008 District 6: Wayne Peters May2008 At-Large: Valerie Hull May2008

Transportation and Traffic Advisory Board (Meets 2nd Thursday, each month.)(Sections 2-11 0 to 2-113 - One member from each of the six City Council Districts and one at-large member. Terms concurrent with appointing Councilmember.)

District 1 : Arthur Brinkkoetter May,2007 District 2: Mike Lehmann · May,2007 District 3: Steve Hennessey May, 2009 District 4: Wilburn Fischbeck May,2009 District 5: Wilton Warnecke, Jr. May,2008 District 6: Betty Dunkin May,2008 At-Large: Rob Clark May,2008 ( 169 Tree and Landscape Board (As needed)(At present, no term limits) (One seat on the Board may be reserved for a person that has experience and training in all issues regarding trees. Such experience may include a Bachelor's Degree from an accredited college or university in Urban Forestry or Agriculture with training in arboriculture or equivalent ( experience, residency required.)

Mike Norris Weston Pacharzina John Senter Laneta Watson David Will

Zoning Board of Adjustment (4th Thursday, 6:30 pm)(2 year terms) (Section 98-56, no residency requirement)

Regular Members: Vacancy May 31,2008 James Thomas Blakey, II May 31,2008 Robert Nohrn May 31,2008 Kathy deBerjeois May 31,2007 Rob Clark May 31,2007

Alternate Members: Jerome Norris May 31,2007 William Kotylo May 31,2008 Russell S. McDonald May 31,2008 Rosemary Rinn May 31,2007 ( __

( VARIOUS AD HOC ADVISORY BOARDS: 170 NB PARTNERSHIP (SISTER CITY)· REACTIVATED af' MAYOR BOYER 8/28/06)

HELGARD SUHR-HOLLIS - SEC. BENNOENGEL CLINTON BRANDT ( HERB SKOOG, V-CHAIR MIKE DIETERT RON EVANS MAURICE FISCHER TOM & STEPHANIE KOEHLER RANDY HAUGH GUNTER & CORNELIA DIRKS JAN SOECHTING DAVID HARTMANN, CHAIRMAN FRANK WITTING

ROAD IMPACT FEE:

LARRY ALEXANDER MIGUEL GOMEZ Ill BOB GRAY CRAIG HOLLMIG TOM HAVESTADT SANDY NOLTE JAY PATRICK LARRY PHELPS GALE POSPISIL RO!"J ·scHMIDT c__ KEN VALENTINE WAYFINDING SIGNS

SHERRIE BRAMMELL JOE BREADS JAY BREWER SONYA CHAPA-WEBBER ROB CLARK MIKE DIETERT JOHN GUENZEL JOHN MALIK MARY JANE NALLEY MARTHA REHLER LESLIE TATUM TRAVIS WUEST SHARON O'TOOLE JUDY YOUNG TIMZIPP

( 171

ALPHABETICAL LIST OF CURRENT MEMBERS OF c BOARDS AND COMMISSIONS AND SERVICE HISTORY (Created January 16, 2007) ADAMS, RUSTIN );;> Landa Park Municipal Golf Course Advisory Board (December 2004 to December 2007)

ALEXANDER. LARRY );;> City Council- 2 terms (May 1998 to May 2001) (May 2001 to May 2004) );;> Planning and Zoning Commission - 4 terms(May 1987 to May 1990) (May 1990 to May 1993) (May 1996 to May 1998) .(May 2004 to May 2007) );;> Landscape Protection Ordinance Committee (1997) );;> Impact Fee Advisory Committee (1996) );;> Roadway Impact Fee Advisory Committee (2005) );;> Water & Wastewater Impact Fee Advisory Committee (2004-2007)

ALLEN, IRENE );;> River Activities Committee (term expiring May 2009)

ALLEN. TOMMY (JOHN) );;> Parks and Recreation Board (October 2004 to October 2007);

ALVARADO. JOE (__ );;> Hinman Island Improvement Coordinating Committee (1980) );;> Carnal County Juvenile Residential Supervision and Treatment Center; (November 1981) );;> Districting Charter Review Committee (1982) );;> Zoning Board of Adjustment- 6 terms (May 1981 to May 1983) (May 1983 to May 1985) (May 1985 to May 1987) (May 1987 to May 1989) (May 1989 to May 1991) (May 2005 to May 2007) );;> Planning and Zoning Commission (June 1993 to May 1996) );;> Housing Authority Board of Commissioners - 3 terms (January 2000 to January 2002) (January 2002 to January 2005) (January 2005 to January 2007)

ANDREAS, PAUL );;> Municipal Airport Advisory Board (December 2004 to May 2008)

BARKER. CHARLES );;> Central Texas Technology Center (April2005 to April2008) );;> Ethics Commission (May 2005 to May 2008)

BENITEZ. BUTCH > City Council (May 1992 to May 1995) > Redistricting Advisory Committee (1992) > Carnal County Resource Conservation & Development Committee (1992) ( );;> Civil Service Commission (July 2006 to July 2007)

1 172

( BLAKEY, II. JAMES T. )- Zoning Board of Adjustments (May 2006 to May 2008)

BOWEN. SUMNER )- Main Street Advisory Board (February 2004 to December 2006)

BOWERS. IV. HARRY )- Community Development Advisory Committee (December 2005 to December 2008)

BOYER. BRUCE )- City Council (May 2005 to May 2008) )- Infrastructure and Improvement Corporation (1995 to 1999) )- Water and Wastewater Impact Fee Advisory Committee (ex-officio) )- NBU Board of Directors (May 2005 to May 2008)

BRAMMEL. SHERRIE )- Wayfinding Stakeholder Advisory Committee (February 2006 - no specific term)

BRANDT. CLINTON )- City Council (1990 to 1993) )- Comal River Committee (1995) )- New Braunfels Partnership Committee (August 2006)

BRANDT, JANET )- Public Library Advisory Board - 2 Terms (October 2003 to September 2006) (September 2006 to September 2009)

BREADS, JOE )- Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

BREWER. JAY )- Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

BRINKKOETTER. ARTHUR )- Transportation and Traffic Advisory Board (2003 to May 2007)

CAMPOS. ALEJANDRO )- Community Development Advisory Committee (December 2003 to December 2006)

(

2 173

( CAMPOS, ATANACIO ~ Drainage Board of Adjustments and Appeals (October 1985) ~ Impact Fee Advisory Committee (1993) ~ Charter Review Committee (1994) ~ Redistricting Committee (1995) ~ Comprehensive Plan Update Committee (October 2004) ~ NBU Board - 2 terms (October 2000 to October 2005) (October 2005 to October 2010)

CARTER, MARY ANN ~ Building Standards Commission- 4 terms (1999 to November 2000) (November 2000 to October 2002) (October 2002 to October 2004) (October 2004 to October 2006)

CASTEEL. CHERYL ~ Planning and Zoning Commission - 2 terms (May 2003 to May 2006) (May 2006 to May 2009) ~ Impact Fee Advisory Committee (March 2004) ~ Water & Wastewater Impact Fee Advisory Committee (2006 to 2009)

:CASTILLO. GUADALUPE ~ Parks and Recreation Advisory Board - 2 terms (October 1986 to October 1989) (October 1989 to October 1992) C~- ~ Master Plan Steering Committee (1996) ~ NBU Board- 4 terms (October 1991 to October 1996) (October 1996 October 2001) (October 2001 to October 2006) (October 2006 to October 2011) ~ Water and Wastewater Impact Fee Advisory Committee (ex-officio)

CASTILLO. OSCAR DAN ~ Arts Commission- 2 terms (January 2001 to 2004) (January 2004 to 2007) ~ Historic Landmark Commission (September 2003 to April 2006) ~ Planning and Zoning Commission (June 2005 to May 2008) ~ Water & Wastewater Impact Fee Advisory Committee (2005-2008)

CAVANAUGH. VINCENT ~ Public Library Advisory Board (March 2006 to September 2007)

CHAPA. JR., RAMON ~ City Council ( 1986 to 1992) ~ Bond Steering Committee (1985) ~ Charter Review Committee (2004) ~ River Activities Committee (term expiring May 2007)

(

3 174

CHAPA-WEBER SONYA ( )> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

CLARK. CATHY )> Arts Commission (January 2005 to January 2007)

CLARK. ROB )> Community Development Advisory Committee (December 2003 to December 2006) )> Landa Park Golf Course Advisory Board (D~cember 2003 to December 2006) )> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no · specific term) )> Zoning Board of Adjustments (June 2002 to May 2004) )> Transportation and Traffic Advisory Board (2003 to September 2004) )> Impact Fee Advisory Committee (March 2004) )> Main Street (September 2003 to December 2004) (2005 to 2007)

COBB. NANCY )> Central Texas Technology Center - 2 terms (November 2005 to April 2006) (April 2006 to April 2009)

,COLEMAN. JEFF (_- )> Construction Board of Appeals (February 2003 to February 2008) )> Electrical Board of Adjustments and Appeals (September 2000 to May 2002)

COLEMAN. OGDEN )> Housing Authority- 7 terms (January 1994 to January 1996) (January 1996 to January 1998) (January 1998 to January 2000) (January 2000 to January 2002) (January 2002 to January 2004) (January 2004 to January 2006) (January 2006 to January 2008)

CUMBERLAND. DALE )> Construction Board of Appeals (February 2003 to February 2008) )> Construction Board of Adjustments and Appeals (September 2000 to May 2003) )> Housing Board of Adjustments (September 2000 to May 2003)

DAVENPORT. DAVID )> Parks and Recreation Advisory Board - 2 terms (October 2003 to October 2006) (October 2006 to October 2008)

DAVIS, CAROLA M. )> Historic Landmark Commission (September 2005 to April 2008)

DAVIS. JOHN ( )> River Activities Committee (term expiring May 2009)

4 175

( DEBERJEOIS. KATHY ~ Construction Board of Appeals (February 2003 to February 2008) ~ Zoning Board of Adjustments (June 2005 to May 2007)

DELACERDA-ESPINOZA. GLORIA ~ Arts Commission - 3 terms(March 1999 to January 200~) (January 2002 to January 2005) (January 2005 to January 2008)

DIETERT I LINDA p. ~ Historic Landmark Commission (April 2006 to April 201 0)

DIETERT. MIKE ~ Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term) ~ New Braunfels Partnership (August 2006)

DIFONZO. PAULA ~ Construction Board of Appeals (February 2003 to February 2008) ~ Central Texas Technology Center- 2 terms (April 2004 to April 2006) (April 2006 to April 2009) ~ Water and Wastewater Impact Fee Advisory Committee (ex-officio) (_ DIGGES, STEVEN ~ Construction Board of Appeals (February 2003 to February 2008)

DIRKS, CORNELIA ~ New Braunfels Partnership Committee (August 2006)

DIRKS. GUNTER ~ New Braunfels Partnership Committee (August 2006)

DOSTER, BRANDY M. ~ Housing Authority (January 2005 to January 2007)

DUNCAN. DONALD ~ Parks and Recreation Advisory Board (October 2006 to October 2009)

DUNKIN, BETTY ~ Transportation and Traffic Advisory Board - 2 terms(May 2003 to August 2005) (January 2006 to May 2008) ~ Impact Fee Advisory Committee (March 2004)

DUNKS. JAMES ~ New Braunfels Industrial Development Corporation (October 2006 to October ( 2008)

5 176

( ENGEL. BENNO > New Braunfels Partnership Committee (March 1997) (August 2006)

ESTES. KYLE > Parks and Recreation Advisory Board (December 2005 to December 2008)

EVANS, RON > New Braunfels Partnership Committee (August 2006)

FALCK. JEFF > Construction Board of Appeals (February 2003 to February 2008)

FINLEY. PAUL > Charter Review Committee (2004) > Ethics Commission (May 2005 to May 2008)

FISCHBECK. WILBURN > Transportation and Traffic Advisory Board - 2 terms (May 2003 to May 2006) (May 2006 to May 2009) > City Council (1970 through 1979)

· FISCHER STAFFORD. MARIJANE (-= > Historic Landmark Commission (Apri12006 to Apri12010)

FISCHER. MAURICE > Quarry/Industrial Rail Study Committee (July 1984) > Drainage Board of Adjustments (October 1985) > Drainage Advisory Committee (February 1987) > New Braunfels Partnership Committee (August 2006)

FITSKO, DEBBIE > Central Texas Technology Center - 2 terms (April 2004 to April 2006) (April 2006 to April 2009)

FRUHOLZ. JR•• DR. FRDERICK > Heritage Commission (March 2006 to March 2007)

GARCIA. LUCILLE > Redistricting Committee ( 1992) > Housing Authority- 5 terms (January 1996 to January 1998) (January 1998 to January 2000) (January 2002 to January 2004) (January 2004 to January 2006) (January 2006 to January 2008)

(

6 177

GARLAND. TED H. ( ~ Airport Advisory Board - 2 terms (August 1998 to May 2001) (May 2004 to May 2007)

GOMEZ. CRUZ ~ Ethics Commission (May 2004 to May 2007)

GOMEZ. Ill. MIGUEL ~ Roadway Impact Fee Advisory Committee (appointed March 2006)

GRAY. BOB ~ Roadway Impact Fee Advisory Committee (November 2005) ~ Ethics Commission (May 2005 to May 2008)

GROFF. SUSAN ~ Design and Sidewalk Committee- 4 terms (December 1999 to December 2001) (December 2001 to December 2003) (December 2003 to December 2004) (December 2004 to December 2006)

GROFF. WILLIAM ~ Design and Sidewalk Committee (December 1999 to December 2001) (December 2003 to December 2005) (December 2005 to December 2007)

GUENZEL. JOHN ~ Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

HARRISON. MATTHEW ~ New Braunfels Industrial Development Corporation - 3 terms (October 2002 to October 2004) (October 2004 to October 2006) (October 2006 to October 2008) ~ Impact Fee Advisory Committee (March 2004)

HARTMANN. DAVID ~ Planning andZoning Commission -2 terms(1978 to 1980) (1981 to 1985) ~ Historic Landmark Commission (April 2004 to April 2008) ~ New Braunfels Partnership Committee (August 2006)

HAUGH. RANDY ~ Comal Power Plant Committee (August 1997) ~ Landscapeffree Protection Ordinance Committee (May 1998) ~ Impact Fee Advisory Committee (August 2000) ~ New Braunfels Partnership Committee (August 2006) ~ Sign Ordinance Committee (no specific term - appointed June 2004)

HAVESTADT. TOM ( ~ Roadway Impact Fee Advisory Committee (November 2005)

7 178

( HAWKINS, LAURIE ~ Community Development Advisory Committee (January 2005 to December 2007} ~ Main Street Advisory Board (January 2005 to December 2007}

HEATH. DONNA ~ Library Advisory Board (September 2005 to September 2008}

HEIMER. FRED ~ Plannning and Zoning Commission (May 2004 to May 2007} ~ Sign Ordinance Committee (no specific term} ~ Water & Wastewater Impact Fee Advisory Committee (2004 to 2007)

HELME. SAMUEL F. ~ Community Development Advisory Committee (July 2005 to December 2007}

HEMSELL. DALE ~ Landa Park Golf Course Advisory Board - 2 terms (September 1999 to December 2003} (December 2003 to December 2006}

HENAULT, RICHARD A. ~ Landa Park Golf Course Advisory Board (December 2004 to December 2007}

HENNESSEY. STEVE ~ Transportation and Traffic Advisory Board - 2 terms (May 2003 to May 2006} (May 2006 to May 2009}

HICKS. ANNA LEE ~ Heritage Commission - 2 terms (March 2002 to March 2005} (March 2005 to March 2008}

HILLYER. RICHARD ~ River Activities Committee (term expiring May 2008)

HOFFMANN, JUDITH ~ Development Code Steering Committee ~ Planning and Zoning Commission (May 2006 to May 2009} ~ Water & Wastewater Impact Fee Advisory Committee (2006-2009}

HOLLMIG, CRAIG ~ Impact Fee Advisory Committee (March 2004} ~ Roadway Impact Fee Advisory Committee (November 2005} ~ Rivers Advisory Board (June 1986 to 1987) ~ Drainage Committee (June 1984} ~ Development Code Steering Committee (

8 179

);> Steering Committee to study feasibility of New Braunfels Rivers Corridors ( Advisory Commission (June 1979)

HOLLMIG. MARY ANNE );> Heritage Commission - 3 terms(March 2000 to March 2003) (March 2003 to March 2006) (March 2006 to 2009)

HOYT. MATTHEW EDWIN );> Community Development Advisory Committee (September 2005 to December 2006)

HULL, VALERIE );> City Council (May 2003 to May 2006) );> River Activities Committee (term expiring May 2008) );> Drainage Impact Fee Advisory Committee (September 2004)

INMAN. BRUCE );> Historic Landmark Commission (June 2005 to Apri12008)

KELLER, TODD );> Ethics Commission (May 2006 to May 2009)

.. KELLEY, SANDY C. );> Historic Landmark Commission- 2 terms (March 2005 to April2006) (June 2006 to April2010)

KISTNER. KIRK );> New Braunfels Industrial Development Corporation - 2 terms (October 2003 to October 2005) (October 2005 to October 2007)

KNOTT. RON );> Building Standards Commission (March 2006 to October 2008)

KOEHLER. STEPHANIE );> New Braunfels Partnership Committee (appointed August 2006)

KOEHLER. TOM );> New Braunfels Partnership Committee (appointed August 2006)

KOTYLO,JAN );> City Council (May 1997 to May 2000) );> Civil Service Commission (July 2006 to July 2008) );> Planning Zoning Commission - 2 terms (May 2003 to May 2006) (May 2006 to May2009) );> Sign Committee (June 2004) ( );> Main Street Advisory Board (January 2004 to December 2006)

9 180

);;> Rivers Advisory Board (June 1988 to June 1990} ( );;> Water & Wastewater Impact Fee Advisory Committee (2006-2009}

KOTYLO. WILLIAM );;> Zoning Board of Adjustments - 6 terms (June 1997 to May 1998} (May 1998 to May 2000} (May 2000 to May 2002} (May 2002 to May 2004} (May 2004 to May 2006} (May 2006 to May 2008}

KRAFT, LORRAINE );;> City Council (1986 to 1989} (1989 to 1992) );;> Ethics Commission- 3 terms (May 1997 to May 2000} (May 2001 to May 2004} (May 2004 to May 2007)

KYLE. MATT );;> Building Standards Commission- 3 terms(June 1999 to October 2001} (October 2003 to October 2005} (October 2005 to October 2007}

LANDRUM. BOBBIE );;> Arts Commission - 2 terms (January 1998 to March 2000) (January 2005 to January 2008}

LARSON, CHARLOTTE );;> Golf Course Advisory Board (January 2006 to December 2008}

LEE. MICHAEL (MICKEY) );;> Design and Sidewalk Committee - 3 terms (appointed November 1999) (December 2003 to December 2004} (March 2005 to December 2006} );;> Main Street Advisory Board (January 2006 to December 2008}

LEHMANN, MIKE );;> Transportation and Traffic Advisory Board (July 2004 to May 2007}

LEWIS. JOANNA );;> Heritage Commission - 2 terms (March 1999 to March 2002} (March 2005 to March 2007)

LYONS-GARCIA. COURTNEY );;> Main Street Advisory Committee (June 2006 to December 2006} );;> Community Development Advisory Committee (January 2006 to December 2008) );;> Historic Landmark Commission (June 2006 to April 2008}

MAERSCH, JUDY );;> Design and Sidewalk Committee (March 2006 to December 2007} );;> Main Street Advisory Committee (December 2005 to December 2008} (

10 181

MAGNESS. JOHN ( > Arts Commission - 3 terms (January 1999 to January 2002) (January 2002 to January 2006) (January 2006 to January 2009)

MALIK. JOHN > New Braunfels Industrial Development Corporation - 2 terms (July 2003 to October 2005) (October 2005 to October 2007) > Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

MARTINEZ. JULIE > New Braunfels Industrial Development Corporation (October 2005 to October 2007)

MASSOUTH. CRAIG > Main Street Advisory Committee (December 2005 to December 2008);

MATHIS, JOHN > Parks and Recreation Advisory Board - 2 terms (October 1996 to October 1999) (October 2006 to October 2009)

MCDONALD. RUSSELL ' > Planning and Zoning Commission (March 1999 to April 2000) > Zoning Board of Adjustments - 3 terms(May 1996 to May 1998) (May 1998 to c:_ April 2000) (March 2006 to May 2008)

MCNEIL. BOBBY > Building Standards Commission (July 2004 to October 2006)

MILLER. MONROE > Charter Review Committee (2004) > Central Texas Technology Center- 2 terms (April 2004 to April 2005) (April 2005 to April 2008) > New Braunfels Industrial Development Corporation - 4 terms (October 2000 to October 2002) (October 2002 to October 2004) (October 2004 to October 2006) (October 2006 to October 2008)

MOELLER. JEFF > Transportation and Traffic Advisory Board (August 2006 to May 2008)

MOORE. ROLF ED > Parks and Recreation Advisory Board (October 2005 to October 2008) > Community Development Advisory Committee (December 2005 to December 2008)

(

11 182

MORTON. BILL ( )> New Braunfels Economic Development Corporation (September 1999 to October 2000) )> New Braunfels Industrial Development Corporation- 4 terms (October 2000 to October 2002) (October 2002 to October 2004) (October 2004 to October 2006) (October 2006 to October 2008)

NALLEY. MARY JANE )> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

NOHRN.ROBERT )> Airport Advisory Board - 5 terms (1977 to 1980) (1980 to 1983) (May 1986 to May 1988) (May 2004 to May 2006) (June 2006 to May 2008) :> Zoning Board of Adjustments (June 2006 to May 2008) :> City Council 1975 .

NOLTE. SANDY :> Planning and Zoning Commission - 3 terms (May 1998 to May 2000) (May 2002 to May 2005) (June 2005 to May 2008) :> Roadway Impact Fee Advisory Committee (November 2005) :> Water & Wastewater lmpace Fee Advisory Committee (June 2005 to June 2008)

NORRIS, JEROME :> Zoning Board of Adjustments (June 2005 to May 2007)

NORRIS, MIKE )> Tree and Landscape Board (appointed January 2002) :> Charter Review Committee (2004)

O'TOOLE. SHARON :> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

OUSLEY. JULIA :> Library Advisory Board - 5 terms(September 1992 to September 1995) (September 1995 to September 1998) (September 1998 to September 2001) (September 2001 to September 2004) (September 2004 to September 2007)

PACHARZINA. WESTON . _ :> Tree and Landscape Board (appointed May 1999)

PARKER, RORY :> Building Standards Commission (October 2005 to October 2007) :> Parks and Recreation Advisory Board (April 2004 to October 2005) (

12 183

PATRICK, J. N. (JAY) ( )oo> New Braunfels Industrial Development Corporation - 2 terms(October 2002 to October 2004) (October 2004 to October 2006) )oo> Airport Advisory Board (May 2004 to May 2007) )oo> Roadway Impact Fee Advisory Committee (November 2005)

PETERS. WAYNE )oo> River Activities Committee (term expires May 2008)

PHELPS, LARRY )oo> Roadway Impact Fee Advisory Committee (November 2005)

POSPISIL. GALE )oo> Roadway Impact Fee Advisory Committee (November 2005) )oo> Development Code Steering Committee (September 2002) )oo> City Council- 2 terms (May 2003 to May 2006) (May 2006 to May 2009)

REHLER.MARTHA )oo> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term) )oo> Historic Landmark Commission (March 2004 to April 2008)

'REUWER. GRETCHEN (_ )oo> Design and Sidewalk Committee- 3 terms (November 1999 to December 2001) (December 2003 to December 2005) (December 2005 to December 2007)

REYNOLDS. PAULINE )oo> Libraiy Advisory Board - 2 terms (September 2002 to September 2005) (September 2005 to September 2008)

RINN, ROSEMARY )oo> Zoning Board of Adjustments - 2 terms(July 2003 to May 2005) (May 2005 to May2007)

RISTAU, ROBERT )oo> Library Advisory Board - 3 terms (September 2000 to September 2003) (September 2003 to September 2006) (September 2006 to September 2009)

SALYERS, ELLEN )oo> Construction Board of Appeals (February 2003 to February 2008)

SAWYER. JOHN C. )oo> Landa Park Golf Course Advisory Board (December 2005 to December 2008)

SCHLAMEUS.BARRON ( )oo> Heritage Commission (March 2005 to 2007)

13 184

( SCHMIDT. RON )> Roadway Impact Fee Committee (appointed November 2005)

SEIDEL. JOHN )> Building Standards Commission (October 2005 to October 2007)

SENTER. JOHN )> Tree and Landscape Board (appointed 2000)

SHEA. BARRY )> River Activities Committee (term expiring May 2007)

SKOOG. HERB )> Public Housing Authority (1969 to 1971) )> Civic Center Advisory Committee (1969) )> New Braunfels Partnership Committee (August 2006)

SMITH. BOB )> Arts and Cultural Commission - 2 terms(January 1985 to January 1988) (January 1988 to January 1991) )> New Braunfels Industrial Foundation (1995) )> NBU Board (October 2004 to October 2009) (= _ )> Main Street (December 2003 to De~ember 2006)

SOECHTING, FRANCES )> Parks and Recreation Advisory Board (December 2005 to October 2007)

SOECHTING. JAN )> New Braunfels Partnership Committee (August 2006)

SOHN, ROBERT )> NBU Board (October 2003 to 2008) )> Electrical Board of Adjustments (May 1984 to May 1988)

SPEATH •. JANE )> Arts Commission (January 2006 to January 2009)

STAATS. DONALD )> Airport Advisory Board 2 terms (June 2003 to May 2006) (May 2006 to May 2009)

STREATER. JOY )> Design and Sidewalk Committee- 3 terms (November 1999 to December 2001) (December 2003 to December 2005) (December 2005 to December 2007) (

14 185

SUHR-HOLLIS. HELGARD ( ~ Heritage Commission - 3 terms (March 2000 to March 2002) (March 2002 to March 2005) (March 2005 to 2008) ~ New Braunfels Partnership (August 2006)

TATUM, LESLIE ~ Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

TAYLOR, RANDY ~ Construction Board of Appeals (February 2003 to February 2008)

TOYE. L YDELL ~ Construction Board of Appeals (February 2003 to February 2008)

TRAPANI. NANCY ~ Community Development Advisory Committee (September 2005 to December 2006)

VALENTINE. KEN ~ Roadway Impact Fee Advisory Committee (November 2005) ~ City Council (May 2002 to May 2005) (November 2005 to May 2008) ~ Development Code Steering Committee (May 2004) (_ VANSTORY. RANDY ~ City Council (May 1997 to May 2000) ~ Impact Fee Advisory Committee (March 2004) ~ Planning and Zoning Commission - 3 terms (September 1996 to May 1997) (December 2003 to May 2005) (May 2005 to May 2008) ~ Water & Wastewater Impact Fee Advisory Committee (May 2005 to May 2008)

WARNECKE. WILTON. JR. ~ Historic Landmark Commission- 3 terms (February 1977 to April 1980) (April 1980 to Apri11984) (April1984 to July 1987) ~ Transportation and Traffic Advisory Board - 2 terms (November 2004 to May 2005) (May 2005 to May 2008)

WATSON, LANETA ~ Tree and Landscape Board (April 2000 - no specific term)

WATT. GIB ~ Construction Board of Adjustments and Appeals (December 2000 to May 2003) ~ Construction Board of Appeals (February 2003 to February 2008)

WEHMAN. BEN P. ( ~ Ethics Commission (May 2006 to May 2009)

15 186

( WELSCH, FRITZ. JR. > Civil Service Commission (July 2006 to July 2009)

WEST. ROBERT > Library Advisory Board (September 2005 to September 2008)

WESTON, CAROLINE > Arts Commission (January 2005 to January 2008)

WILL. DAVID > Tree and Landscape Board (April2000- no specific term)

WILLIAMS. STONE R. > Construction Board of Appeals Appeals (February 2003 to February 2008) > Mayor (May 1999 to May 2002) > Zoning Board of Adjustments - 7 terms (1978 to 1980) (1980 to 1982) (1982 to1984) (1984 to 1986) (1986 to 1988) (May 1990 to May 1992) (1992 to 1994)

WITTING, FRANK > New Braunfels Partnership Committee (appointed August 2006)

WOODS, CHARLES (__ > Airport Advisory Board (November 2004 to May 2008)

WUEST, TRAVIS > Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

YBARRA. MIKE > Planning and Zoning Commission - 4 terms (May 1995 to May 1998) (May 1998 to May 2001) (May 2001 to May 2004) (May 2004 to May 2007) > Comprehensive Plan Update Committee (February 2005 - no specific term) > Water & Wastewater Impact Fee Advisory Committee (2004 to 2007)

YOUNG. JUDY > Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

ZARBROCK.NANCY > Housing Authority- 2 terms (January 2004 to January 2006) (January 2006 to January 2008)

ZIPP. ROSE MARIE > Heritage Commission - 2 terms (March 2003 to March 2006) (March 2006 to ( 2009)

16 187

( ZIPP. TIM );;> Wayfinding Stakeholder Advisory Committee (appointed February 2006 - no specific term)

(

17 Attendance Records of various Boards & Commissions Appointed by City Council

I ~-- Reference Agenda Item # 5(K)

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BUILDING STANDARDS COMMISSION Convenes when needed

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2004 attendance absent Matt Kyle 3 2 0 0 Mary Ann Carter 3 2 0 0 Darrin Toney 3 2 0 0 Travis Crim 3 2 0 0 Bobby McNeill 3 1 2 0

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2005 attendance absent Matt Kyle 2 2 0 0 Mary Ann Carter 2 2 0 0 Darrin Toney 2 2 0 0

Bobby_MeN~ _-- 2 ----'--- --0 ------'----- 2 0 --

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2006 attendance absent Matt Kyle 1 1 0 0 Mary Ann Carter 1 1 0 0 Ron Knott 1 1 0 0 John Seidel 1 1 0 0 Rory Parker 1 1 0 0

~------~~-r---1------:------,.---_\ ~ r COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Regular meetings- 1st Tuesday of every month

Total number of Number of Number of No Meetings meetings in meetings Comments NAME scheduled meetings Quorum cancelled during 2004 attendance absent Susan Bell 12 6 3 1 2 Alex Cam_pos 12 8 1 1 2 Rob Clark 12 4 3 1 2 Not a member Nov. and Dec. Ed Moore 12 6 3 1 2 1 2 Harry Bowers 12 9 -- -- 0

Total number of Number of Number of No Meetings NAME scheduled meetings meetings in meetings Comments Quorum cancelled during 2005 attendance absent Susan Bell 12 6 4 0 2 Alex Campos 12 10 0 0 2 Ed Moore 12 6 4 0 2 Harry Bowers 12 7 3 0 2 Rob Clark 12 5 4 0 2 Not a member Jan. and Feb. Laurie Hawkins 12 8 1 0 2 Not a member January Sam Helmle 12 5 0 0 2 Not a member Jan. to July NancyTrapani 12 3 0 0 2 Not a member Jan. to Sept.

Matthew Hoyt 12 3 0 0 - 2 - Not a member Jan. to Sept._

Total number of Number of Number of No Meetings NAME scheduled meetings meetings in meetings Comments Quorum cancelled during 2006 attendance absent Courtney Lyons- 12 7 1 0 4 Garcia Alex Campos 12 7 1 0 4 Ed Moore 12 8 0 0 4 Harry Bowers 12 7 1 0 4 Rob Clark 12 5 2 0 4 Resigned 12/2006 Laurie Hawkins 12 7 1 0 4 Sam Helmle 12 7 1 0 4 Nancy Trapani 12 8 0 0 4 Matthew Hoyt 12 7 1 0 4 ~ ~ (0 I CONSTRUCTION BOARD OF APPEALS Convenes when needed

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments durin_g 2004 attendance absent Dale Cumberland 2 2 0 0 Steven Digges 2 2 0 0 Kathy deBerjeois 2 2 0 0 Jeff Falck 2 2 0 0 Jeff Coleman 2 2 0 0 Randy Taylor 2 2 0 0 Gregory Parker 2 2 0 0

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2005 attendance absent Dale Cumberland 3 3 0 0 Steven Digges 3 3 0 0 Katt}y_ deBeoeois 3 3 0 0 Jeff Falck 3 3 0 0 Jeff Coleman 3 3 0 0 Randy Taylor 3 3 0 0 Gib Watt L____ 3 - --- 3 0 0 Alternate

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2006 attendance absent Dale Cumberland 1 1 0 0 Steven DiQQes 1 1 0 0 Kathv deBerieois 1 1 0 0 Jeff Falck 1 1 0 0 Jeff Coleman 1 1 0 0 Randy Taylor 1 1 0 0 Stoney Williams 1 1 0 0 Alternate Paula diFonzo 1 0 1 0 Lvdell Tove 1 0 1 0 Alternate Ellen Salvers 1 0 1 0 Alternate Gib Watt 1 0 1 0_ Altemate ..-., ,--._-,.,_, ~ HISTORIC LANDJ'] 'RK COMMISSION Regular meetings - 2"a Tuesday of every month

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2004 attendance absent Chere Stratemann 12 5 3 4 Iris Schumann 12 1 1 4 Resigned 5/04 Carol Belton 12 1 0 4 Resigned 4/04 Bobbie Purdum 12 3 5 4 Dan Castillo 12 7 1 4 Cheryl Fisher 12 6 2 4 Don Offerman 12 0 1 4 Resigned 4/04 Ailsa Seba 12 0 2 4 Resigned 6/04 Connie Krause 12 6 0 4 Replaced Don Offerman Martha Rehler 12 6 0 4 Appointed 6/04 12 5 1 4 Appointed 6/04 David Hartman -

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2004 attendance absent Dan Castillo 12 8 4 0 Cheryl Fisher 12 4 0 0 Resigned 4/05 Connie Krause 12 8 0 0 Resigned 8/05 Bobbie Purdum 12 5 7 0 Martha Rehler 12 9 3 0 David Hartmann 12 6 6 0 Bonnie Burton 12 5 3 0 Left Commission 9/05 Sandy Kelley 12 8 0 0 Appointed 4/05 Bruce Inman 12 4 1 0 Appointed 8/05 Sonia Chapa-Weber 12 3 1 0 Appointed 9/05

Carola Davis ---- 12 4 1 0 Appointed 8/05

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2004 attendance absent Sandy Kelley 12 8 3 1 David Hartmann 12 9 2 1 Dan Castillo 12 10 1 1 Martha Rehler 12 11 0 1 Carola Davis 12 7 4 1 Bruce Inman 12 8 3 1 Bobbie Purdum 12 0 1 1 ResiQned 2/06 Linda Dietert 12 8 1 1 Appointed 2/06 C. Lyons-Garcia 12 8 0 1 Appointed 3/06 l\llary Jal}_e Stafford __ 12 7 1 1 Appointed 3/06 /("""'. ~, -~ 11 ' NEW BRAUNFELS INDUSTRIAt tJEVELOPMENT CORPORATION Regular meetings - 3rd Thursday of every month

Total number of Number of Number of NAME scheduled meetings meetings in meetings Comments during 2004 attendance absent Matt Harrison 10 10 0 John Malik 10 8 2 Monroe Miller 10 10 0 Kirk Kistner 10 10 0 Jay Patrick 10 10 0 Bill Morton 10 8 2 C. Ray:§choch 10 10 0

Total number of Number of Number of NAME scheduled meetings meetings in meetings Comments during 2005 attendance absent Matt Harrison 11 11 0 John Malik 11 10 1 Monroe Miller 11 11 0 Kirk Kistner 11 8 3 Julie Martinez 3 3 0 AI?!:>_Ointed in October Jay Patrick 11 11 0

Bill Morton 11 10 1 i C. Ray Schoch 8 8 0 Term expired at end of September !

Total number of Number of Number of NAME scheduled meetings meetings in meetings Comments during 2006 attendance absent Matt Harrison 12 12 0 John Malik 12 6 6 Monroe Miller 12 11 1 Kirk Kistner 12 10 2 . Julie Martinez 12 11 1 Ja_y_ Patrick 9 9 0 Term expired at end of September Bill Morton 12 9 3 James Dunks 3 3 0 Appointed in October

I NEW BRAUNFELS PUBLIC LIBRARY ADVISORY BOARD ATTENDANCE RECORD FY 2006 )

Name Dates # Meetings on Board Present

Janet Brandt 10/05-9/06 11 10

Donna Heath 10/05-9/06 11 9

Julie Ousley 10/05-9/06 11 9

Alicia Parra* 10/05-2/06 4 0

Pauline Reynolds 10/05-9/06 11 10

Bob Ristau 10/05-9/06 11 11

Robert West 10/05-9/06 11 10

Vince Cavanaugh** 04/06-9/06 6 6 -=)

* Resigned February 2006 **Appointed April 2006

) '~- r ~ MAIN STREET ~uVISORY BOARD Regular meetings- 1st Wednesday of every month

Total number of Number of -Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2004 attendance absent Bob Smith 12 10 2 0 Luke Speckman 12 11 1 0 Karen Cork 12 12 0 0 Paul Martinka 12 11 1 0 Rob Clark 12 8 4 0 Laurie Hawkins 12 10 2 0 Jan KotVio 12 9 2 0 Appointed 1/04

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2005 attendance absent Karen Cork 11 9 1 1 Luke Speckman 11 8 2 1 Rob Clark 11 8 2 1 Sharon Greising 11 7 3 1 Laurie Hawkins 11 8 2 1 Jan K~lo 11 9 1 1 Paul Martinka 11 10 0 1 Bob Smith 11 6 2 1 Resigned 10/05 Sumner Bowen 11 8 2 1 -----·--·- -

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2006 attendance absent C. Lyons-Garcia 10 5 2 0 Appointed 4/06 Craig Massouh 10 8 2 0 Rob Clark 10 7 3 0 Marian Benson 10 8 2 0 Laurie Hawkins 10 9 1 0 Jan KotVIo 10 5 5 0 Mickey Lee 10 8 1 0 Appointed 1/06 Judy Maersch 10 7 3 0 Sumner Bowen 10 6 4 -- 0

--- ~-~----~----~------~------~------~ ~ (r\

MAIN STREET- DESIGN SIDEWALK COMMITTEE

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2004 attendance absent Mickey Lee 12 10 2 0 Gretchen Reuwer 12 7 5 0 Joy Streater 12 7 5 0 Bill Groff 12 10 2 0 Sue Groff 12 10 2 0 Marvin Giambernardi 12 11 1 0 Paul Martinka 12 10 2 0

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2005 attendance absent Mickey Lee 8 6 2 0 Gretchen Reuwer 8 6 2 0 Joy Streater 8 6 2 0 Bill Groff 8 6 2 0 Sue Groff 8 5 3 0 Marvin Giambernardi 8 6 2 0 Paul Martinka 8 7 1 0

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Comments Quorum during 2006 attendance absent Mickev Lee 9 7 2 Gretchen Reuwer 9 8 1 Jov Streater 9 7 2 Bill Groff 9 9 0 Sue Groff 9 9 0 ------~JPARB PARKS & RECREATION ( :==·f DEPARTMENT PARKS 8t RECREATION DEPARTMENT ADVISORY BOARD MEMBERS FISCAL 2005-2006

John T. (Tommy) Allen Appointed: 10/08/01 Expires: 10/11107 Attended seven (7) of nine (9) regular meetings

David J. Davenport Appointed: 10/13/03 Expires: 10/13/08 Attended eight (8) of nine (9) regular meetings

Laura Linhart-Kistner Appointed: 10/13/03 Expired: 10/13/06 Attended seven (7) of nine (9) regular meetings

Rolf Edward Moore Appointed: 10/28/02 Expires: 10/13/08 Attended eight (8) of nine (9) regular meetings ( Robert E. Patterson Appointed: 10/24/05 Expired: 10/13/06 Attended six (6) of nine (9) regular meetings (due to consecutive absences)

Frances W. Soechting Appointed: 12/12/05 Expires: 12/12/08 Attended six (6) of nine (9) regular meetings

Kyle Estes Appointed: 12/12/05 Expires: 12/12/08 Attended eight (8) of nine (9) regular meetings

( ~ ~ PLANNING 'j)MMISSION Regular meetings -1st 1 uesday of every month

Total number of Number of Number of No NAME scheduled meetings meetings in - meetings Quorum Comments during 2004 attendance absent Larry Alexander 16 5 5 0 Appointed 5/04 Cheryl Casteel 16 12 4 0 Fred Heimer 16 8 1 0 Appointed 5/04 I Judy Hoffmann 16 14 0 0 Appointed 2/04 Jan Kotylo 16 14 2 0 Duane Neel 16 10 6 0 Sandy Nolte 16 14 2 0 Randy Vanstory 16 14 2 0 Mike Ybarra 16 14 2 0 Jerry Ford 16 8 0 Left Commission after May meeting Acie McAda 16 6 2 Left Commission after May meeting

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2005 attendance absent Larry Alexander 17 12 5 0 Cheryl Casteel 17 14 3 0 0. Daniel Castillo 17 7 0 0 Appointed in June Fred Heimer 17 10 7 0 Judy Hoffmann 17 16 1 0 Jan Kotylo 17 15 2 0 Duane Neel 17 8 1 0 Left Commission after June meeting Sandy: Nolte 17 16 1 0 Randy Vanstory 17 12 5 0 Mike Ybarra 17 15 2 0

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2006 attendance absent Larry Alexander 19 10 8 1 Cheryl Casteel 19 16 2 1 0. Daniel Castillo 19 14 4 1 Fred Heimer 19 12 6 1 Judy Hoffmann 19 16 2 1 Jan Kotylo 19 13 5 1 Sandy Nolte 19 16 2 1 Randy Vanstory 19 12 6 1 Mike Ybarra 19 12 6 ~- 1__ __ - --

r------~r---~------~------~------~------~. ~ ~

Transportation and Traffic Advisory Board Attendance List

Dishict 3/13/03 4/10/03 5/8/03 6/12/03 7/10/03 8/14/03 9/11/03 10/9/03 11/13/03 12/11/03 District 1 - Gomez, Came X X X Brinkkoeter late District 2 - Winzeler "0 X X X X "0 ~ District 3 - Worley, ~ QJ X X X X X X X X Hennessey_ ~u u~ District 4 - Fischbeck X X 0.0 X (Wommack) X X X 0.0 ·~ QJ ~QJ District 5 - Valenzuela X X X X X X X QJ ~ ~ Dishict 6 - Dunkin X X X X X At Large - Clark X X X X ------··-·- --- -

District 1/8/04 2/12/04 3/11/04 4/8/04 5/13/04 6/10/04 7/8/04 8/12/04 9/9/04 10/14/04 11/11/04 12/9/04

District 1 - Brinkkoeter X X X X X X X X X X X

Dishict 2 - Winzeler; Lehmann X X X X X X X X '1:1 ~ Dishict 3 - Hennessey X QJ X X X X X X X ~ District 4 - Fischbeck X u X X X X X X X X 0.0 ~ District 5 - Valenzuela, Warnecke X QJ X X X ~ District 6 - Dunkin X X X X X X X X X X

At Large - Clark; Myrick X X X X X X X

------~ ~ ZONING BOARJjF ADJUSTMENT Regular meetings -4th Thursday of every month

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during2004 attendance absent Rob Clark 12 8 3 1 Dan Hutchison 12 10 1 1 William Kotylo 12 8 3 1 Bert Lindsey 12 10 1 1 Was an alternate Jan. to June Robert Nohrn 12 9 2 1 5 1 alternate Rosemary Rinn 12 --'----- 6

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2005 attendance absent Rob Clark 12 8 4 0 Kathy deBerjeois 12 5 2 0 Appointed in June 2005 Dan Hutchison 12 5 0 0 Left the Board after May mtg. William Kotylo 12 9 3 0 Bert Lindsey 12 12 0 0 Robert Nohrn 12 11 1 0 Jerome Norris 12 5 2 0 Appointed in June 2005 as alternate Rosemary Rinn 12 3 9 0 alternate

Total number of Number of Number of No NAME scheduled meetings meetings in meetings Quorum Comments during 2006 attendance absent I James Blakey 12 9 2 1 Was an alternate Jan. to May Rob Clark 12 7 3 1 Resigned from Board 12n/06 Kathy deBerjeois 12 10 1 1 William Kotylo 12 1 10 1 Was an alternate June to Dec. Bert Lindsey 12 9 1 1 Deceased 10/06 Russell McDonald 12 1 7 1 Appointed alternate in April Robert Nohrn 12 8 3 1 Jerome Norris 12 6 5 1 Alternate Rosemary Rinn 12 2 9 1 Alternate ---

I NBU Board of Trustee Attendance Roster May 2005 through December 2006

Guadalupe Mayor Bruce Atanacio Date Event BobSohn Bob Smith ( Castillo Boyer Campos

5~26~05 Regular Board Meeting X X X X X

·6~30~05 Regular Board Meeting X X X X X

7~7~05 Special Board Meeting X X X X absent

7~28~05 Regular Board Meeting X X X X X

8~25~05 Regular Board Meeting X absent X X X

9~29~05 Regular Board Meeting X X X X absent

10~13~05 Special Workshop X X X absent X

10-25~05 Regular Board Meeting absent X X absent X

11~10~05 Special Joint Mtg w/Kerrville X X X X X

11~29-05 Regular Board Meeting X X X absent X

12-20~05 Special Board Meeting X X X X X

12~29~05 Regular Board Meeting X X X X X

1-26~06 Regular Board Meeting X X X X X

2~23..()6 Regular Board Meeting X X X X X

3~30-06 Regular Board Meeting X X X X X

L- 4-27~06 Regular Board Meeting X X X X X

5-25-06 Regular Board Meeting absent X X absent X

6~8~06 Growth Summit absent X X X X

6~16~06 Special Board Meeting X X X X X

6~29-06 Regular Board Meeting X X X X X

7-11~06 Special Board Meeting X X absent X X

7-27~06 Regular Board Meeting X X X X X

8-31-06 Regular Board Meeting X X X X X

9-28-06 Regular Board Meeting X absent X X X ------.... ·-· ------10~10-06 Special Workshop X X absent X X

10-26-06 Regular Board Meeting X X absent X X

11~30~06 Regular Board Meeting X X X absent X

12~28~06 Regular Board Meeting X X X X X

Prepared for Ann Smith, City of New Braunfels, January 24, 2007 150 NBU Board of Trustee Attendance Roster May 2005 through December 2006

Guadalupe Mayor Bruce Atanacio ( Date Event BobSohn Bob Smith ' Castillo Boyer Campos

5-26-05 Regular Board Meeting X X X X X

6-30-05 Regular Board Meeting X X X X X

7-7-05 Special Board Meeting X X X X absent

7-28-05 Regular Board Meeting X X X X X

8-25-05 Regular Board Meeting X absent X X X

9-29-05 Regular Board Meeting X X X X absent

10-13-05 Special Workshop X X X absent X

10-25-05 Regular Board Meeting absent X X absent X

11-10-05 Special Joint Mtg w/Kerrville X X X X X

11-29-05 Regular Board Meeting X X X absent X

12-20-05 Special Board Meeting X X X X X

12-29-05 Regular Board Meeting X X X X X

1-26-06 Regular Board Meeting X X X X X I

2-23-06 Regular Board Meeting X X X X X

(_ __ 3-30-06 Regular Board Meeting X X X X X

4-27-06 Regular Board Meeting X X X X X

5-25-06 Regular Board Meeting absent X X absent X

6-8-06 Growth Summit absent X X X X

6-16-06 Special Board Meeting X X X X X

6-29-06 Regular Board Meeting X X X X X

7-11-06 Special Board Meeting X X absent X X

7-27-06 Regular Board Meeting X X X X X

8-31-06 Regular Board Meeting X X X X X

9-28-06 Regular Board Meeting X absent X X X ------··-----·- . -·· ··-···------10-10-06 Special Workshop X X absent X X

10-26-06 Regular Board Meeting X X absent X X

11-30-06 Regular Board Meeting X X X absent X

12-28-06 Regular Board Meeting X X X X X

(

Prepared for Ann Smith, City of New Braunfels, January 24, 2007 151

COUNCIL AGENDA ITEM

SUB~lECT ( f\iiATTER/PROJECT: APPOINTMENTS TO VARIOUS BOARDS & COMMISSIONS ORIGif•JAT!NG DEPARTMENT: CITY SECRETARY PRESENTER: MICHAEL RESENDEZ

COUNCIL DATE: February 26, 2007 AGENDA#:

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

1) THREE MEMBERS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FOR THREE-YEAR TERMS ENDING DECEMBER 13, 2009.

2) THREE MEMBERS TO THE DESIGN/SIDEWALK COMMITTEE FOR TWO-YEAR TERMS ENDING DECEMBER 31, 2008. TWO APPOINTMENTS MUST BE OWNERS OR OCCUPANTS OF PROPERTY WITHIN THE DOWNTOWN BUSINESS CORRIDOR.

3) TWO MEMBERS TO THE LANDA PARK GOLF COURSE ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31, 2009. (THESE ARE AT-LARGE POSITIONS)

4) THREE MEMBERS TO THE MAIN STREET ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31,2009.

5) ONE REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENTS FOR AN UNEXPIRED TERM ENDING MAY 31,2008.

6) ONE REGULAR MEMBER TO THE MUNICIPAL AIRPORT ADVISORY BOARD FOR AN UNEXPIRED TERM ENDING MAY 12, 2009.

Rt~TiONALE:

Vacancy Notices were posted in October & November for the vacancies or expired terms on the Boards & Commissions listed above. Applications on the following are enclosed:

.1l Community Development Advisory Committee:

./ M. Susan Bell, 725 Encino ./ Samuel F. Helmle, 2023 Club Crossing ./ Matthew Edwin Hoyt, 2330 Sean Street

a! Design/Sidewalk Committee:

a. Aja Edwards, 1111 N. Walnut Avenue b. Paul J. Martinka, 934 Albert Street c. Michael (Mickey) Lee, 6 Mission Trace (applied after the deadline on 1/5/07) (

Finance: ------Agenda !tsm #: ~L f""fl) Attachments: ~y=es::;__ ___ Councii Date: .;t "'2' ... () 1 152

~ Landa Park Golf Advisorv Board:

a. Dale Hemsell, 948 Rio Verde ( b. Kenneth D. Brazle, 170 E. San Antonio Street. c. David Pfeuffer, 170 E. San Antonio Street d. Marilyn Klein, 716 Centennial Bend e. Jerry D. Gaddy, 235 Ranch Estates Blvd (applied after the deadline on 1/11/07)

~ Main Street Advisorv Board:

a. Courtney Lyons-Garcia, 2227 Gruene Lake Drive b. Sumner Bowen, 211 Trade Center, Suite 100 c. Jan Kotylo, 1840 Pebblebrook (applied after the deadline on 1/2/07)

__n _§1 Zoning Board of Adjustments:

a. Jermone Norris, 28 Laurel Circle (Mr. Norris currently serves as an alternate and requests to move up in the unexpired regular term of Mr. Gil Lindsey, deceased.

6. Municipal Airport Advisorv Board:

./' Tom Andrews, 1115 Gardenia Drive (applied after the deadline on 1-18-07). This is the unexpired term of Mr. Gil Lindsey, deceased. Application is included.

FISGAL IMPACT:

N/A

( __ _

N/A

N/A

(

Finar.cG: ------Agenda Item #: --"-5-----­ Attachrnents: _y"'e..:::..s ____ Council Date: ------191

CITY OF NEW BRAUNFELS ( ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name: M.SusanBell

Street Address: 725Eneino

City, State & Zip: New Braunfels, Texas 78130

Phone Number: 830-625-1102 Home 830-708-6027 Cell

E-mail: [email protected]

Employer: Alamo Community College Distrid

Occupation: Adjund Faeulty - Instrudor Nursing Edueation Department

Business Address: 1331 E. Court St., Seguin, Texas

I;Iow long have you been a resident ofNew Braunfels? 3Syears

Are you a qualified voter of the City? Yes

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

(See Attached Document)

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.

The funds dispersed by CDBG help to support numerous worthwhile projects in our community. Having been a member of the New Braunfels community for thirtv-five years, I would appreciate the opportunity to return a portion of what I have received in service from the many who have given countless hours to make our community proud of the wonderful city in which we live.

( 192

SECOND PAGE ( Do you currently serve on a City board or commission? Yes No X

If yes, which board or commission?

How long?

Do you have any relatives who work for the City ofNew Braunfels? Yes No X

If so, who?

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

Yes No X

If so, what type?

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

.Yes No X

(~ If so, what type?

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. CDBG Advisory Board 2. 3.

SIGNATURE: 11f~av . hLt DATE: (

( 193

M. SUSAN BELL RN, BSN (

SUMMARY OF NURSING EXPERIENCE

Bachelor of Science in Nursing Registered Nurse, State of Texas Thirty nine total years experience as a registered nurse in numerous fields of the nursing profession Fourteen years experience as an instructor in Vocational Nursing Education Thirteen years experience in school nursing

EDUCATION

1963 - 1967 College of Mount St. Joseph Cincinnati, Ohio Bachelor of Science in Nnrsing

1969 Texas Tech University Lubbock, Texas Completed additional reqllim~~ents for School Nnrse Certfficate, State ofTexas

1979-1992 State of Texas c_: Completed certification to provide health screenings to inciHde vision, heating and scoliosis for school age children

PROFESSIONAL EXPERIENCE

January 2002 - Present St. Philip's College San Antonio, Texas

Seguin Extension

Part time aefjnnr:t fomlty -Nur.ring Bdncation Department

• Theory and Clinical Instructor in Vocational Nursing Educational Program

August 1994 - 2002 St. Philip's College San Antonio, Texas

Approvedfor Contin11o11s Tenure- Mqy 2000 Program Coordinator and Coordinator New Braunfels Extension August 1994-Jn!J 1999 Seguin Extension A11gmt 1999-2002 • Theory and Clinical Instructor for all levels of the Vocational Nursing educational program ( 725 ENCINO • NEW BRAUNFELS • TEXAS, 78130 PHONE (830) 625-1102 • E-MAIL [email protected] 194

March 1992-July 1994 St~ Philip's College San Antonio, Texas ( Full time Adjunct lnstmctor- New Braunfels Extension 1990- 1997 McKenna Memorial Hospital New Braunfels, Texas House Supervisor • Supervisor overseeing staffing of nurses and nursing care of patients. Assist with arising staffing and patient issues

1979-1992 New Braunfels I.S.D New Braunfels, Texas School Nurse • Provided health screenings to include vision, hearing and scoliosis for school age children • Provided health and wellness counseling for students and their parents • Provided first aid for injured students. • Coordinated numerous activities to educate students in health issues • Active in facilitating student participation in Red Ribbon Week and Texan's War on Drugs • Responsibilities also included child abuse prevention and detection, obtaining financial assistance for children unable to afford medical care and counseling classroom teachers in areas ofhealthcare needs of their students

1978-1979 New Braunfels I.S.D New Braunfels, Texas Clinical Inslr'llctor- Vocational Nursing Program (_ __ _

1974 -1979 McKenna Memorial Hospital New Braunfels, Texas HoiiSe Supervisor and ICU Staff N111Se • Two days per week

1969-1971 Lubbock I.S.D Lubbock, Texas School Nurse

1967-1968 United States Navy Millington, Tennessee StaffNurse • As a Navy Nurse, assigned to work in each area of the hospital

ADDITIONAL PROFESSIONAL ACTIVITIES

ST. PHILIP'S COLLEGE: • Member of Planning & Budgeting Committee 1997 - 2000

( 2 195

NURSING EDUCATION DEPARTMENT: ST. PHILIP'S COLLEGE ( • As Chairperson of Clinical Evaluation Committee developed a revised evaluation form, currendy in use by Nursing Education Department. Commendations received for the fonn by the Texas Board of Vocational Nurse Examiners.

• Master Teacher Certification Program- October, 1999

PROFESSIONAL MEMBERSHIPS

• American Nurse's Association • Texas Nurse's Association • Texas Association of Vocational Nurse Educators

COMMUNITY ACTIVITIES

Pment Activities • Current board member of South Central Alamo AHEC (Area Health Education Center)

Past Activities • City of New Braunfels Community Development Adviso.ry Committee • New Braunfels Service League • Member of Mid, Texas Symphony Guild • Chairperson of New Braunfels Chapter of Mid Texas Symphony Debutante ( __ Committee • Comal County Child Welfare Board • Chairperson of first 'Project Graduation' to be held for New Braunfels high schools, 1986-1987. This is a drug and alcohol-free celebration for high school graduates. Served as chainnan again, 1989-1990 • Docent for Hummel Museum of New Braunfels • Sponsor for 'Unicorns in Action', a high school organization for students dedicated to prevent drug and alcohol abuse at New Braunfels High School • Texan's War on Drugs - sponsor for local high school students at summer conferences 1987,1988 & 1989.

OBJECTIVE

• To apply for a position on CDBG Adviso.ry Committee

1112712006 (

3 196

( CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name:

Street Address:

City, State & Zip: Phone Number: 4 2 L(-3 80s- Home ~/<9 -35 3 ·-s.s:ga Business E-mail: SF/.J.f;W..t..r.e. $'8 C.GL058L "Nrtr Employer:

Occ~pation:

Business Address:

. How long have you been a resident of New Braunfels?_k""""·~'/_._f?...... ,,~·,------c. ', ·Are you a qualified voter of the City?~·V.c.::£:;...:;5______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. t 1./;u£. A MEHreR. ·D~R.~( L1 Puat.rc. IJDM:re~xgMr:r;otf' )MD. /J /)5 $.,'! ft~W.J:-f?.t>clM£NrAL f/IIJ.JJ/1t;i.M£tfr, J tJRv£ CJve:.R, 2~ Y£14R.5 txPE.R.r&tVCf. rf'! M«Z Urr.,r.N 't'tJPUfrRy. fir-tv N()UJ 2'£&0£. fc..( ·fr.. W+IlDt!M~,vrfi.L StfLVu~f fi>p_ Mv P~~ ~~feR~1 you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary. f UlttJ~ s't.•urFJ> 0!4 1#£. CDAC BotJk.L> ~t 7Ht. Lf!1T Vr.HP.., I· tlltJJr HaN~ Mt. fxPEhllt"CJ: Vzk.y RtwJ911Ril.ttllG-. 1M:Flltl 'Ir r~ !J Di.AIY ro ft:JL\}~ My UM!IIfl/IV:t:rY AND /J1t< [bi! b-1 E Pa:r uc L£QG. E ((; C& J.fn::r#l.te. 1E.&U.fiv& .. ( 197

( SECOND PAGE

Do you currently serve on a City board or commission? Yes X No__ If yes, which board or commission? CIJM,MU'fJrT\1 D~tUfk/)i?M£J\IT ADu~o&y CDMIJ\:t How long? /· YfL Do you have any relatives who work for the City of New Braunfels? Yes_ No_k_ lfso,who?______

Do you receive any direct compensation or gain from the City ofNew Braunfels? Yes_ No_lS. If so, what type? ______

Do you receive any direct compensation or gain from any governmental body? Yes_ No.)( If so, what type?______

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.

2. ______~------3. ______

SIGNATURE:~TE: l-)/.&~ WI,.

( CITY OF NEW BRAUNFELS c ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATibN Name:

Street Address:

City, State & Zip: 7?\30

Phone Number: 2?1-7'11( -01 ('2- Home ~I 2, L(C2- 6'8"5' Business

E-mail: ,!lA.ff/l..t v EP q 11 eg, ·t he . cc.k ·

Employer: ...... Au ..~{;(:..:.l·/£.~'f ------

Occupation: --LIJ.r....:e;B:;..£.:=;J·6iL,..~:....._------BusinessAddress: 170/ Dlrccrl-d!oS Blv./ ~wle 3~~. /IC/Is/w,,.7)( ?67'-IV

How long have you been a resident ofNew Braunfels?__;2-::::·::::.j;tl..p=~:..:::Ot.::~..C_;S~.--- ___-'--_

, ., Are you a qualified voter of the City?_~~-_w.;:> ______

(_ 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. .20o"l 6n:J." · · o.\' £ h lA . t: tflcqec! \? , C S £5 ~ft'i - 12/os;. 1 AUE .' ,O'i -Poes~JJX· H~ue. w-orlte& /h 1-'h -e. 14e~wH. aJ· R~set)t)'~41--t:'S '" ~qt\-b uG\~l,.n.,.to'o D.c. 0\,J Au~~)n, T)(. J.o hlsh &hod I .r VG~ el!orlf!:Jed by Ft~b~, c~n"-re,cJor.s J;o,_ Re~{"e6~s Gl'-bi\4k . V...f>OtJ re q_ k est, . 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.

h 'vo!4IJ bk_ tW @llwte.- /Vtv 5!![lJ/e& Gtf CbAc, +o Sero-e. /' ±k terk.. oJ.- AJt~.~ Qr~~r&As by hAf>'?J o-'\4r coJrtt,Jee. crs,,$,.. ~hal ()fJVIw iJu Gfo= Counc,1 fiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii199iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiMil

( SECOND PAGE

Do you currently serve on a City board or commission? Yes._..:,/_·__ No__ If yes, which board or commission?__.C-'"],...)·..z.A.._G=------­ How long? l L/ hub+ b s Do you have any relatives who work for the City ofNew Braunfels? Yes_ No .J lfso,who?____ ~------Do you receive any direct compensation ~r gain from the City ofNew Braunfels? Yes_ No./

Ifs~whmtype?______

Do you receive any direct compensation or gain from any governmental body? Yes_·_ No~ ·If so, what type?______

', ' 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 c considered for another board or commission. · ~.--=-c~b4-l-Ac=------___,_- 2.- 3. ______-- _ SIGNATURE:~ ~DATE: ~3/-0C

( 200

(

L(b) APPLICATIONS FOR THE 3 POSITIONS ON THE DESIGN/SIDEWALK COMMITTEE

( 10-25-061 314Z~M; 201

CITY OF NEW BRAUNFELS ( ADVISORY BOARDS & COMMISSONS QUESTIONNA1REIAPPUCATION

Name:

Street Address:

City, state&. Zip: New~\':> ,li :ta:\ oo Phone Number: 5~2. -42<1,. 1}2.~ \ Home 0 ~0- to 20 -1=L25 ~ Business E-mail: ~Lfdwa,M~ (Q) ~athon • cnm

Employer:

Oceupalion: Business Address: .\\\\ Na.\NAlntd Ptli... How long have you been a resident of New Bn.unfels? \ '3 "fAJ'lAJ ' Are you a qualified voter of the acy?_~~uloWJ:...... __~------c Please give a brief resume, includi11g educanon, past employment, any special background or qu.alificati.ons you have for se.ning on this board/commission. Use attaehments if necessary. ~ clMba(, •qq) BAStnnlsh,Bu&.~«M:>·en¢. UTAM£tin 103j ~t' f'\& rAw«&-• OJ- ~ ~llttLha\1\u rM ~.vn a.cl: ~ 1n J£W:tin~ ..w.. Kao. L fdrlL ~~.J.. ~Q.A/.) _Q~ Please state why you wish to senre the City of New Braunfels as a member of a board, comm;ssion, or committee. Use attachmc.n~. if necellsary.

( 202

( SECOND PAGE

·Do you cutTently serve on a Cir.y board or ~mmissionP Yes'------No/ If yes, which board or commissionP ______

Howmn#------~------Do you have any relatives who work for the Oty of New Braunfels? Yes_ Nov/ Ifso,who? - Do you receive any direct compensation or gain from the Cicy of New BraunfelsP Yes_ NoV Ifso, wbattypeP__ -______

Do yott recenre any direct compensation or gain from any govemmcotal body? Yes..;_ NoV lfso,,what ~e? __...... :.------

If selec~d by the New Braoofels City Council, on whi~h bolU'ds/commission would you be willing to serve? Please be specific. 11lis application wiU remain acti.ve for ninet;y (90) days, unless )'0\l are appdinted to a board or commission. You must reapply, 'if you would like ro be considered for another board or cummission.

t.l:>&MwYS&oUw~ ~ rb ·--______2. ______a..______

SIGNA'l1JRE: ~

( 203 ,..... !It'- . .. .. ·iv•~ CITYOFNEWBRAUNFEI.S !~lirl:Dor ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPLICATION

Name:

Street Address:

City, State & Zip:

Phone Number: 6 J...si- YY>7 Home 6a ' - h /a 7 Business

E-mail: /tJ e. MAE? €. c.v~.pu ..-."'-··~It . .,~·

Employer:

Occupation:

Business Address:

How long have you been a resident of New Braunfels?_ _..:..../J..._' _V.,!.;K:.._::::.S:.______

,Are you a qualified voter of the City?___ _.'Vwl'ro.:::;~:...z______

Please give a brief resume, including education, past employment, any special bacltground or qualifications you have for se:rving on this board/commission. Use attachments if necessal]".

R~<.. ~~-" t·uS ..() Vtt-n--&Xal V<.~::nrl&~ l.t..lo/l~d 3·Y Yf9d&.s /"'J -:n.J-- 6'?-.. . ~ ~ ~ . , €?)_;(,-,l'lB;.rL-,14-f.t- ~- €.:er~~c ~ 11/U.'fc·;i> ~ Abl'J (/T/t.IJ l(.f~ (.~V/)1/j~£~ /.VC.. ~Q"'-'l'lf... ~~IJ.$-'o (.1 :;t /1tllfl.IN~, ·/N?-;'J7r1.iAr... ~-JL./fl/1£$-1.\l ~tjN(:~I4/f., /AJ)f'~...,-J.._J,~.. ~~~c.:.n..-v_s ~~1..~ A~ t9d'l. t..e ~ :])'JJ2<.~r A.o VI J tJ~ ,&t:14t~ 1-- dt514--1 fS/j?iJ&..-4-.Jk Co---, ,...._, ih~

rt"-'~1~J'{ !1J'jjA. /'-1/'-JO)(. ("V' #1~~/L'-1 .~ A""j ;1-k:!>/o ..,, /-%..4?~£>Cf" /AOS .. >/'.1)..J.4~ {·.... ~'1" ~.,~ Please state why you wish to serve the City of New Bratmfels as a member of a board, commission, ·-....;; or committee. Use attachments, if necessary.

J.kl/ i"Q .~v/1..0" /Y(!'v' /3/1.4-u.vr-tf,U /4-7"\1-r.t..~,J ~ {.?N/~ '-'f.'"XIBSS ..-4-A

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(/.N ~/Li ~ L£110 CA-~Ji.:.t ·;).) f /".t.., /)/1.. (/ Vt'S C)J.lv-.4-t.-t(f'-7 tlf£. t4~- bf/1 'li.a~ 1 ,d IJ:)..j3,

,_ 204

( SECOND PAGE

Do you currently serve on a City board or commission? Yes___ _ No~ If yes, which board or commission?______How long?______

Do you have any relatives who work for the City of New Braunfels? Yes __

Ifso,who?______~------

Do you receive any direct compensation or gain from the City of New Braunfels? Yes_ No .,- If so, what type?______

Do you receive any direct compensation or gain from any governmental body? Yes_ NoV If so, what type?______

H 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. tv.n N J·T'rt.(:;"&-r- ~rJJ1 w Is t./Jc,--w-~-·-1::.. C.J?A-t ..... , ii!--~

2. ______~------3. ______205

CI'IY OF NEW BRAUNFElS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name:

Street Address:

City, State & Zip:

Phone Number: bf>Q .... OCf 3 2 Home (!?1-e) z~q- 4 5 Dl Business

E-mail: JMic..ke.v.l..re~ @ lc...ra.e•"'j ,- . Employer: L o tAJ &?R Q. o L...o RAnA R.tv lf8 AuxHaRLTY

Occupation: E L.f' C..T/l \<:..A L If N61N/£1£R

Business Address: 1?. D . B£))(:. 2. '2..0 :) A U...STIN IT X :c a:U~7 How long have you been a resident of New Braunfels?---L/.,_/___.'lUllgl..:l!s~-----­ &e you a qualified voter of the City? "{.£ S' I --~~------

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

il,SEE.,: UT j·MBA- tA att/ousr~>N-Vu:roll.tA; ~Ei.:,ls-rlfilC:D

Pt~m'=IE's flt>NA '- EN-6tMEt!8.- SrAt£ tu= lir)(4s= j 3" vas· I?!vtpLo'{UI!l'i,r

Ll\l €L..fc:-rf{t<:. IJ:ru.t7ZY· ;!Nnusrtll( wt·rH MU.NlCJPAL) CooPtf8ATtVtf~ i CoNsuLTtNG.j LEADER s·Hke New 88AlLNFI!'Ls f+LUMNtj M€.~181£1{ NB c. e,p e .. g ~s· 'DESI(JN ReVtlfW (!.ou,Utr·rt!"t; ·.Please state why ~ou wish to serve the City of New Braunfels as a member of a board, commission, or cominittee. Use attachments, if necessary.

· ! Ftti l.. A etvtc. t> Lt;'l\( 'f'9 G/V( &c.k '1b A 4JT Y ·r eJ I HA f

tMPitovt!D Mt? L lEt!.. 1 Fei!L. S£12 oiJtGL'f Pr8l2U.:r PREiEP.VIN §

c U.t..OZ:Uit.AL VALue~ r A= jllf'ALTH v f)oWN;f'\Qv.JJJ •. r Fl:"'t!l- XHA-r

e DIJCI!/t1J.I':1) C.kflZ:ISJ.J. IAlPLf.:T /S Jd,tPoP:t:AN·r r"& ·rlllf DlfC:.l51AN-.J M,A De S'r? oc.,t.it_ e.,"t""Y LC!AD ~s·. I 206

Do you currently seiVe on a City board or com No__

If yes, which board or commission?_,...... : ...... ~r--.....,.__..'-=--=---'-'~&..a.o~--+----- Howrong?__ ~-¥~------~r------­ Do you have any relatives who work for the Ci of New Braunfels? Yes__ No_}(_ Ifso,who?______;------Do you receive any direct compensation or · from the City of New Braunfels? ·Yes_ No_)s_ Hso,wbrtgpe?______-r------Do you receive any direct compensation or · from any governmental body? Yes_ No-2( If so, what type?______--+------

If selected by the New Braunfels City Council, on which boards/commission· would you be willing to serve? Please be specific. 'This applicatio will remain active for ninety (90) days, unless you are appointed to a board or commission. You ust reapply, if you would like to be considered for another board or commission. l.,~~~~~~~~~~~~~~~~~~~LULU~~~~~------2. ______r------3.______r------207

(

L(c) APPLICATIONS FOR THE 2 POSITIONS ON THE LANDA PARK GOLF COURSE ADVISORY BOARD ( __

( riiWiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii208:iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiil!lii

CI1Y OF NEW BRAUNFElS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name:

Street Address:

City, State & Zip:

Phone Nwnber: Business E-mail: ------Employer:

Occupation: t/h,?/Vtb£- 6p~.,¢'/oP£~e::A/~)/

Business Address: t?~J} /2/P J/p-~p~ A//.3 7~/?P ' How long have you been a resident of New Braunfels? "'2 ~s .A,e you a qualified voter of the City?___ JT-"'~;..._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 ifnecessCU)'· ..c?~e.-e 20W-,.r;/'~~~~~.x~... a...... &?V~~p.t>~'.9N~ Q!?~q;?~ #?/~ ~.Jh~$.

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. b ~ 4JPt..~eh t!! /4Ad~~~~/c$UL.S£ ~"Z.5)1!$~1.&;u~.u;~F~4'..::s .f/~~ ~~~,~~,#~

( JiiWiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii20 9iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiliiiii~ c SECOND PAGE

Do you currently serve on a Ciqr board or commission? Yes >( No__ If yes, which board or commission? ?A!U'd~l-btt::?~(i?¥&~ M :::.~ How long? ~~S . · .,t5p~..e b Do you have any relatives who work for the City of New Bratmfels? Yes_ No X Ifso,who?______

Do you receive any direct compensation or gain from the City of New Braunfels? Yes_ No~ Ifso,whMcype?______

Do you receive any direct compensation or gain from any governmental body? Yes_ NoL Ifso,whatcype?______

'If selected by the New Braunfels Ciqr 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~ssion. .

1. ~A'fo:lc· #Pv~kA!- .,u,.p~~e?t!:?c.-du~s- 2. ~~e~~ 3.. ______

SIGNATURE:.__ ~----=~,..c....~c:.o::· ~~=-:::.--=--·- __.DATE: _ __.~<-+11-~-=,,~~=-~-=>b__ 210

CITY OF NEW BRAUNFElS ( ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name: Kenneth D. Brazle

Street Address: 170 E. San Antonio St. New Braunfels, TX 78130 City, State &Zip: 30)629 2768 (830)629-8008 Phone Number: (8____-______:Home ______,Business kbrazler(l.. bpllplaw.com E-mail:

Employer: Brazle & Pfeuffer LLP

Occupation: Lawyer

Business Address: 170 E. San Antonio~st.

How long have you been a resident of New Braunfels?__ 1_9_6_9 ______

' ~e you a qualified voter of the City?_---.Jf-'Oii.>i"------_;;_------'----

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. NBHS, BBA-UT-Austin, JD-St. Mary~s-1984, Original board member of Landa Recuation Center and Hospice New Braunfels. Active . in FUMC-NB; President of Dos Rios Golf Club since inceptionj

play city championships and Golffest at Landa Park@ active participant in local golf with large database. of local golfers. Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attaclunents, if necessary. I wish to see Landa Park be the best possible golf course it can be and a place where all golfers want to play. I believe I have considerable knowledge of the complaints about Landa Park. 211

SECOND PAGE

Do you currently seiVe on a City board or commission? Yes---- No!_ If yes, which board or commission?______

Howlong?____ ~------~------Do you have any relatives who work for the City of New Braunfels? Yes __ No_x_ If so, who?______

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

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

Yes_ No~ Ifso,whmtype?______., I 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. Golf Advisory Board

2 .. _~------3 .. ______~~--~------212

CITY OF NEW BRAUNFElS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name:

Street Address:

City, State & Zip:

Phone Number: (, 21- 9DD J Home ______,Business

E-mail: ;l(Fe.v f fJ-crr @.,. ~~llfl.•w. (..,"'

Employer:

Occupation:

Business Address:

How long have you been a resident of New Braunfels? f11V"N f. 14-iIAJt9 ~r-<.. • Are you a qualified voter of the City?_:q..y..:.:.L;;;;..J______

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. J. 1>. ~ ~~, f • 'i)oe..~ t'\.t..,.~ ~ ~ (,~

~Y¥' 44 ~ ~ ,·.,.,.... tb, I~ Av ~<~. L{- -11·,..,.(.1 c:j ~ cA. ~~~ii &~"-j+tl!p (._~~Y"'tt!~(,f.); j ~ ~~M ~ tJ,J <[_~ 64~ ~tt'AJ l'~t~ ~p, (t~llt' 1177.

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-J,._:{ .ft, k i~ ' ~~ tJJ6 ~ ~ ~ err

~ ~~I - 7~,.r.rd. 213

( SECOND PAGE

Do you currently serve on a City board or commission? Yes. ____ No/ If yes, which board or commission?______

Howlong?______~----

Do you have any relatives who work for the City of New Braunfels? Yes ___· No v"" Ifso,who?______

Do you receive any direct compensation or gain from the City of New Braunfels? Yes_ No...... - Ifso,whMcype?______

Do you receive any direct compensation or gain from any governmental body? Yes_ No-V Ifso,whMcype?______

•', If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. Tills 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.

2 .. ______3.. ______

SIGNATURE:. _ __;r(/P,_,.=--w------DATE:._/_/_- _1.._1_-_o_t__ _ 214

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name:

Street Address: City, State & Zip: '--Aud&a~r'4 Z![3o Phone Number: ff:j__IJ-/gJ-diJf Home - Business

E-mail: .LJ.~~t)@) LJ.IIi<)A M,' f!d?J

Employer:

Occupation:

Business Address:

~ow long have you been a resident of New Braunfels?__ __,~-.:::.-_..t'j;..

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. c::'zZ-jAde-.Lu..? ~~ 1 A#w6L4g«, frv~ . , ~ .. . d ~tV .. r

Please state why you wish to serve the City of New Braunfels as a member of a board, conunission, or committee. Use attachments, if necessary. 215

SECOND PAGE

Do you currently serve on a City board or commission? Yes·---- Hyes, which board or commission?______

Howlong?______~------~------Do you have any relatives who work for the City of New Braunfels? Yes__ Ifso,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,whMtype?______

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. ~: 21~ 4~ 3.. ______

SIGNATURE:)QJ~~ DATE: S-! - {) (p 216

CITI OF NEW BRAUNFELS ( ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPUCATION

Name: ;J'"

Street Address:

City, State & Zip: I . t!.e..lt- Phone Number: '.;1.<-/- I 525 Home@to) .J';'-1- q 'I 01 Busiaeas

E-mail: .:.JGJt-\"'1 &ad~ 62_ fttJL. C..ObVk

Employer:

Occupation:

Business Address: #J/AI flow long have you been a resident of New Braunfels? l :;_ '1 eA..-t-.:s ' Are you a qualified voter of the City?_ _...;::U~~....~==------­ \

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.

:r:: ~rve.A ~ xk ~elf o...dvir;oe-'1 ~omm~ee... 0.... .h"'-.5 ~&a,.,y-~ tl.oo ~:r; ~u.e TO CL A~;jQ. WOR.J< ~, .L ~,st ~~ v~-¥f''1 wk.".__ & ~ Ye..r()6.. 2-~.p)-g.d. _ A"- '"'""'v

}nval v"J lVL Tt..e.dv: &>WvlA.vz."'p''-1 ill\.. ~.e. iJA1,. A c; O,vL

CL\1 iJ ~t)l.&-.r) I -k.ltev·fL I ~ ~ Q_ VA-Li,A...A:b).e.. r~t:#/~e :!e. (Y>Ikvs a.-r- L~ ,;_._ JQ.,_;,L;._1 I;&Go..U:. -J;e_ ~.f- ~ 1n._ fY'o 11 e tlv\.e. J . 217

SECOND PAGE

Do you currently serve on a City board or commission? Yes.___ _ No-4_ If yes, which board or commission?______How long?______

Do you have any relatives who work for the City of New Brawlfels? Yes__ Ifso,who?______

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

Do you receive any direct compensation or gain from any governmental body? YesX No_ If so, what type? V.e:(e...&vt.-fs ~·~6JTii-Tt~ @:51fb1.q__c\ \/o:::r

· If selected by the New Brawlfels City Council, on which boards/commission would you be willing to serve? Please be specific. Tills 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. h-~fl- fttrk Golf CoL'-VS-L Ptc!VJ.:So&-q &~-xMtffee_. 2.. ______3 .. ______

SIGNATURE: :p l>- A~ DATE: II :f!I-JJ o] 218

(

L(d) APPLICATIONS FOR THE 3 POSITIONS ON THE MAIN STREET ADVISORY BOARD

( 11\i • I.;. r V I • &. LitH,• 1 1 t!.I.:UV I I •'tt.rtl'l •..! n UVllllt111L.

CITY OF NEW BRAUNFFLS ( ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCA TION

Name:

Street Address: Phone Nwnber: ~.J:25l'..} ·~2JiM2.Home Business

Fmplo)u: ,~A~&~~ Ocf..-upation: ~f.d1S!€- . Busine&& Address: &&f\.Aa/un)o f!Jaf-~. ~\-

How long have you been a ruident of New BraumelsP . 2. I/2 re J.t,ti~ Are yc»u a qualified \-oter of the City?_.;.. __~....,..-.::::::ll. :..-.------

Please give a brief reswne. including education, past employr.nent, any special background or qualifteations you have for serving on this board/commission. Use attachments if nece&sary . .$-&e ... ·A:fi-llCV\rvvc.tJ· (~-

Please state why you wish to serve the Cicy of New Braunfels as a member of a board, commission, Ot committee. Use attar..hments, if necess;uy.

( LJec. I· ZUUo ! I :4JAM ~f.. ~UIANIAL

(

o work for the City of New Bratmfels? Yes_ If so. who? ______

Do you receive any direct compensation or gain from the Cicy> of New BratmfeJs? Yes_ No.1£.. . If so, what type?______

Do you re~tdve any direct compensadoll or gain li·om any governmental body? Yes__ No$.

If so. whatl)'pe? ______~_

If select.ed by the New Braunfels City Council, on which boardw'commission would you be willing to sen-e? Please be specific. This application will nm.ain active for ninety {90) days, unless you are appointed to a board or commission. You must reapply, if you would like robe considered for another board or commissio.tl.. ~: ~~~~ ~~Ji!ft-=t!) 8 ..______~------

1 () I A .1'"\':-"' .. ~+-:-'t ~ ./; · l...f._ . ... ~.. 111l Ir\1 . . SIGNATURE; ww~~Zi~.CW\t~TE:- "- lvu-

( nv • . ~ r v r • "' vot..- • • • i.IJ\.'V , 1 • .,...,;nn1 221

CllUrtney Lyons-Garcia Development Director (

Career Courtney Lyons-Garcia joined the San Antonio Botanical Society as de,·elopment director in December-2004. Her scope· ~f work includes annual giving, database management, membershipt corporate partnerships, capital campaigns, event planning Slld exhibit planning.

Courtney began her non~pro:tit career at The American Red Cross of Central Texas in Austin, before moving into the development wc,l·ld at The AmeriCan Lung Association of Central Texas. She next moved to Washington DC, earning both masters degrees while working in the development department at The George Washington University. She completed her master's degree intemship as an editorial assistant at National Geographic Traveler before joining the Trustees For the Parks depru:tment at the National Parks Conservation Association where she worked with annual giving, donor moves management, donor travel and special events.

Her masters' research focused on sustainable tourism. Her research interests include adaptive use fur urban blight, renewable energy adaptations, cultures on the brink, heritage tourism, sustaillable food supplies and the Slow Food movement, and creating local inte~est in local culture.

Edu.eation B.A. English, Texas A&M University 1997 M.A. Media and Public Affai.ts, The George Washington University 2002 M.A. Sustainable Tourism, The George Washington University 2003

P.-ofessional Membenhips American Public Gardens Association The Association of Fundrajsing Professionals Planned Giving CouncU of San Antonio Texas Association of Musewns

Community Involvement Courtney has been a volunteer or participant in the Komen Race tbr the Cure since 2000, is a member ofthe Board of Directors for the Comal County Texas A&M Club and is currently serving three year terms on the City ofNew Bral.Ulfels Commwtity Development Advisory Committee and the City of.New Braunfels Historic Landn.1.ark Commission.

Personal Married to Matk Garcia, they have a two year-old son, Bryce.

( 222 CITY O.F NEW BRAUNFELS ADVISORY BOARDS & COMMISSIONS QUESTIONNAIREIAPPUCATiON

NAME ~U-~ j:.- ~W~- ( STREET ADDRESS ~i ~=.e.. Ct.ui-~-~;:k.. l00 . 1 PHONE NUMBER 8JO..: L09= ll·.l~7·N HoME (o05-\\3 I BUSINESS· EMPLOYER

OCCUPATION BUSINESS ADDRESS ~~:iEf~1>~ it~ .... g T~ HOW LONG HAVE YOU BEEN A RESIDENT OF NEW BRAUNFELS? ARE YOU A QUALIFIED VOTER OF THE CITY? '

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.

PLE~SE ST~TE WHY YOU WISH TO SERVE THE CITY OF NE&:UN~ELS AS~ MEMBER r:{ A BOARD, C~MMISSION, OR COM MI.,. "'lAlTACHMENTS, F NECESSARY. ~ i""' ..t n..! 0 O ... c Ai .. ~ ,j,. (~_ 'r .11. 0 {)j ,Jt., f'JY'OCii'RN fMAorfJlh.IJ. k -IL. t'A.lf~"M1uJ ,~,~.-,. .~J7J ,d, ·~. rl.. ,~,.u 1 NflJ /!,.IJL .,J .. L

'

DO YOU CURRENTLY SERVE ON A CITY BOARD OR COM~SION? ~ • ~ IF YES, WHICH BOARD OR COMMISSION? ~W H WN Q '-'« ,..," HOW LONG? ~ 5.J (.Ar.S \ DO YOU HAVE ANY RELATIVES WHO WORK FOR THE CITY OF NEW BRAUNFELS? tJo IF YES, WHO? DO YOU RECEIVE ANY DIRECT COMPENSATION OR GAIN FROM THE CITY OF NEW BRAUNFELS? IJ~ IF SO, WHAT TYPE? DO YOU RECEIVE ANY DIRECT COMPENSATION OR GAIN FROM ANY GOVERNMENTAL BODY? "J,J~ IF SO, WHAT TYPE?

IF SELECTED BY THE NEW BRAUNFELS CITY COUNCIL, ON WHICH BOARDS/COMMISSIONS 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 COM~SION. 1. ~h) ~N O-c9 \) ·, $Pr'1 2. ( 3.

SIGNATURE ~~\tv~ .. -· r~ DATE '7<'~ It. 223

H. Sumner Bowen, Sr. ( 160 Mystic Oaks New Braunfels, TX 78131 830-227-5621 Home 210-865-3536 Mobile

Background: Born in Baytown, Texas in 1942 Three children Dr. Stephanie Bowen Shaffer, SA Anesthesiologist "Tad" Bowen, Senior Manager for Hitachi Consulting Katherine Bowen, sales and marketing Moved to San Antonio area in 1970

Education: Graduate ofRobert E. Lee High School, Baytown, Texas High School All American-Track Graduate of Rice University President's Honor Roll Varsity track team

Business Experience: Founder and President of Sounds and Things, Inc. in 1974 Provider of safety lighting equipment ( SMR trunk radio system Founder and President of San Geronimo Tower, Inc. in 1983 Owner of communication towers in northwest Bexar County Founding Partner in Communication Professionals, Ltd. in 1995 Communication site management in San Antonio and surrounding area Owner of communication tower sites in north central Bexar County Real estate development in New Braunfels-five commercial properties Founding Partner ofVeramendi Partners, LP Real estate development-IH 35 corridor in New Braunfels

Public Safety Experience: Patrolman/Investigator Hollywood Park Police Department 1976-1979 CID Sgt. and Lt. Hollywood Park Police 1980-1992 Supervisor of Alamo Area Narcotics Task Force January, 1989 Commander of AANTF June, 1990-February, 1995 Regional Commander Texas Narcotics Control Program, 1993-1995 CID Lt. and Executive Officer, Comal County Sheriffs Office 1992-1996 Special Crimes Investigator Comal County District Attorney's Office 1996- present TCLOSE Master Peace Officers Certificate Graduate of Drug Enforcement Agency Drug Commanders Academy ( H. Sumner Bowen, Sr. 1 224

Other: President Comal County Republican Men's Club 1998-2000 c Board Member United Way ofComal County 1997-2003 President ofUnited Way ofComal County 2001-2002 Volunteer of the Year Comal County United Way 2002 Board Member-New Braunfels Downtown Advisory Board Board Member-Community Service Center New Braunfels Christian Church

References: Larry Hammonds, Frost Bank, New Braunfels, TX 830-643-3423 Luke Speckman, Coldwell Banker, New Braunfels, TX 830-608-5426 Doug Hammerstrom, United Way, New Braunfels, TX 830-620-7760 Frank Robbins, City ofNew Braunfels, TX 830-221-4055

( H. Sumner Bowen, Sr. 2 225

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRF/APPUCATION

Name:

Street Address:

City, State & Zip: #&:'~ B Y

Phone Number: ?:1o '2..t ~l:.:t.? Home ~3~ '-Gtf,- -'~:z....r- Business

E-mail:

Employer:

Occupation: ~.... ,·~-17~ f{,Pk~"~ .q-c;...JC;;l . ) ~·;_Y (;~~ k ) Business Address: <\...)>~ )I).., h .tKi '0 'F-> ...,s c..J.. ··r.en~...j-...;,.1

How long have you been a resident of New Braunfels?__ .;{...;.._..;3_':J_·r:_~ ______

Are you a qualified voter of the City?__ 'f.,._·..;:..e-=5;;;..._, ______

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.

·- Jfl,;Joc. Oo~Yfll<..,. ~~ B'-f'J'r~~SJ z

·-- J ~ r v~ tW. ~<~ 4;r~¢zt ~;. 13~ ri :Jht<..7~-, I-ll(

.·y ~y"Y~" J·e~l ,:UJ r6~ 8)/~"'k.~.,z "'X.

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

~:r:'/r ....

v~~,w- '~ S'~~ 1!!- ..... ~~.,.. G.) ~s; 1. ~s.t- 4-;t~J.J. ~ -~-~ rJ.;...... 1/' ~ ~~~~· £; jJ_fiL ~«( ~.. ... 'Vr fe ~ ,/ ,:II-_ ~.s l ~1.y II "11'-J!.A. , -}- z;;. 6~o""'ji'i:. S'li?· ..""te .,·...vc f'*"~PJJ -t"lh:: l-'Y'fl ~~I->"A cf.4bc# 1J. ~n v-10{. 226

SECOND PAGE

Do you currently serve on a City board or commission? Yes.-=li:....l'__ _ No_

If yes, which board or commission? 7'1~ ,a;·.-.>;. s.> l:f 4- ~ How long? s2 f w· .s. Do you have any relatives who work for the City ofNew Braunfels? Yes_ No_!L

lfso,who?__ ------Do you receive any direct compensation or gain from the City ofNew Braunfels? Yes_ Nov

Ifso,whmcype?__ ------­ Do you receive any direct compensation or gain from any governmental body? Yes_ No~ If so, what cype?------

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. 111 A I ;J .-51-Yt:!"p t-· 2. ______3.·------

( 228

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name: :r;'Rowt e ~ o~ J2 r' S

Street Address: 2 Q L.Au (le L. cl ~e. I .Q City, State & Zip: Nu, u /6~11'-' Nt:::=Et.S /)c. Phone Number: Home:t30~l.S- 87z..IJBusiness: Cell: f"3o 6o& t/-~1<./ E-mail: -1 NDFt({i s G) sc..t.. ,, ~ &1-A# . Employer~ l1 )If- fpg:pttak" . mllv A-fJ-1 11\ ~~s

Occupation: f\1\AzAJ~e ..t. Jhtc:.Q... ~nRere..-rc?,e Business Address: 3$}

How long have you been a resident of New Braunfels?_--=L='-=-·F_£;;...___, _____ I I • I Are you a qualified. voter of the City?--/T------1/J? 5 ,__ _ please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

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

( 229

( SECOND PAGE

. Do you currently serve on a City board or commission? Yes V No If yes, Which board or con:-tmission? -zf)~)/Pf ~~J tJr #d;v;t - tf/-k;iik_ · Howlong? /~ t;~

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

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

Do you receive any direct compensation or gain from any governmental body? Yeg_ No V If so, what type?______.,.... ______

I ,

--~+--~___;,_Jr\__ ~__ ·--,--D.ATE:___;.I___,· -z...;-jz_z...... ,/ ;:'--l_b_· _ _,..._ 7 I

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