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Conference Room B 424 S. Castell Avenue February 26 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.
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