CITY of NEW BRAUNFELS, TEXAS ~-,City of REGULAR CITY COUNCIL MEETING ~
CITY OF NEW BRAUNFELS, TEXAS ~-,City of REGULAR CITY COUNCIL MEETING ~-.. New Braunfels CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE
MONDAY, AUGUST 10,2009 at 6:00P.M.
R. Bruce Boyer, Mayor Sandy Nolte, Councilmember (District 4) Richard Zapata, Council member (District 1) Kathleen Krueger, Mayor Pro Tern (District 5) Mark Goodner, Councilmember (District 2) Steven Digges, Councilmember (District 6) Mike Ybarra, Councilmember (District 3) Michael Morrison, City Manager
MISSION STATEMENT 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: August 10, 2009@ 6:00 P.M.
CALL OF ROLL: City Secretary
PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG
INVOCATION: Councilmember Mike Ybarra
REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON CALL PERSONNEL.
1. MINUTES
Consider approving the minutes of the special meeting of July 20, 2009 and the regular meeting of July 27, 2009. (M. Resendez, City Secretary) Pages 1-20
2. CITIZENS' COMMUNICATIONS
This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time. (Mayor Bruce Boyer) Page 21 City Council Agenda August10,2009 Page 2 of4
3. CONSENT AGENDA Pages 23-24
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 to authorize the City Manager to enter into a contract modification with Halff Associates regarding the South Tributary Regional Flood Control Project and the appropriate budget adjustment. (S. Ramsey, Public Works Director) Pages 25-31
(B) Approval of the second and final reading of an ordinance granting a special use permit to allow temporary storage of water and sewer pipe, appurtenances, construction equipment and pipe trench backfill on vacant property at E. Dallas Street at N. Union Avenue, located in an "R-2 single and two family district". (S. Mattingly, Planning and Community Development Director) Pages 33-35
(C) Approval of the second and final reading of an ordinance designating the 500 block of Hill Avenue as an expansion of the Sophienburg Hill Historic District, according to Chapter 66, Article Ill and amending the zoning map. ( S. Mattingly, Planning and Community Development Director) Pages 37-39
(D) Approval of the second and final reading of an ordinance amending Chapter 58, Floods, Code of Ordinances, by adopting a new FEMA Flood Study and Flood Insurance Rate Maps. (S. Mattingly, Planning and Community Development Director) Pages 41-42
(E) Approval of the second and final reading of an ordinance amending section 126-354 of the permit parking ordinance. (S. Mattingly, Planning and Community Development Director) Pages 43-44
(F) Approval to authorize the City Manager to enter into a contract modification with Carter-Burgess regarding the Phase 3-05 Street Reconstruction Project (Gruene Road from Post Road to Business 35 and a segment of Glenbrook Drive). ( S. Ramsey, Public Works Director) Page 45
(G) Approval of the City of New Braunfels FY 2008-09 Third Quarter Investment Report. (D. Korinchock, Support Services Director) Pages 47-74 City Council Agenda August10,2009 Page 3 of4
(H) Approval to amend the City's current holiday schedule for 2009 to include the designation of September 11 as a holiday for all uniformed employees in the Fire Department, replacing the Comal County Fair Day holiday for these employees. (J. O'Connell, Human Resources Director) Page 75
(I) Approval of the second reading of an Ordinance amending chapter 30, Civic and Cultural Facilities and Affairs, by creating a new article IV, New Braunfels Partnership Committee, Sections 30-60 through 30-63, purpose; members, terms appointments; officers; and powers and duties. (V. Brown, Intergovernmental Services Manager) Pages 77N81
(J) Approval of the Mayor's nominations to the New Braunfels Partnership Committee. (V. Brown, Intergovernmental Services Manager) Page 83
(K) Approval of a Resolution approving the Bylaws of the New Braunfels Partnership Committee. V. Brown, Intergovernmental Services Manager Pages 85N91
4. PRESENTATIONS
(A) Presentation regarding an update of the Downtown Implementation Plan. {M. Vernon, Downtown Development Coordinator) Page 93
(B) Presentation, discussion, and action to authorize the City Manager to enter into a contract modification with HDR/Ciaunch & Miller regarding the final design of Walnut Avenue Segments 2 and 3 Reconstruction Projects and establish Utility Agreements for underground utility conversion and appropriate budget transfer ( 0. Garza, Assistant City Engineer) Pages 95N96
(C) Presentation, discussion and possible action regarding a review of the Landa Park Golf Course Master Plan financial proforma by a work group assembled by the City Manager. (S. Laird Dicke, Parks and Recreation Director) Page 97
5. INDIVIDUAL ITEMS FOR CONSIDERATION
(A) Discuss and consider the second and final reading of an ordinance granting a special use permit at 1581 SH 46 South to allow pre-owned auto sales in the "C- 1 local business district" and "APD agricultural/pre-development district". (H. Mullins, Planner) Pages 99-117
(B) Discuss and consider approval of the purchase of construction services for the Main Plaza Electrical Improvements Project. ( S. Laird Dicke, Parks and Recreation Director) Page 119 City Council Agenda August10,2009 Page 4 of 4 (C) Discuss and Consider approval of an lnterlocal Agreement with Comal County with regard to the Comal County Justice Center (M. Morrison, City Manager) Pages 121-125
6. EXECUTIVE SESSIONS Page 127
In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public.
(A) Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section 551.072, of the Texas Government Code. (A. Wayland, City Attorney) Page 127
(B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney) Page 127
(C) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code. (A. Wayland, City Attorney) Page 127
(D) Annual evaluation of the City Attorney, in accordance with Section 551.074, of the Texas Government Code, personnel matters. (A. Wayland, City Attorney) Page 127
NOTE: The City Council resetVes 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 (Chapter 551 of the Texas Government Code).
ADJOURNMENT
CERTIFICATION
I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Brau Building on August 5, 2009 at 4:30 p.m.
cretary
ilities who plan to attend this meeting an 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. 1
MINUTES SPECIAL CITY COUNCIL MEETING JULY 20, 2009
The City Council of the City of New Braunfels, Texas, met in Special Session on July 20, 2009.
City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-Tem Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Mike Ybarra, Steven Digges, and Sandy Nolte.
Parks and Recreation Advisory Board members present were: David Davenport, James Blakey, Robert M. Kossick, and Kyle Estes.
City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Deputy City Secretary Danny S. Batts II, Support Services Director Deborah Korinchock, Human Resources Director Julie O'Connell, River Activities Manager Nathan Pence, Parks and Recreation Director Stacey Laird, and Sheri Reinhold, Kelly Eby, and Wade Tomlinson of the Parks and Recreation Department.
. Also present were: Ken Devillier, Dick Robinett, Donald Week, Allene Wofford, Bill Kolodzie, Linda Ray, Marie Offerman, Peg Pool, Lori Elliot, Sheila Shands, Mary Waite, AG & Nancy Trapani, Herbert Caldwell, Ethel Caman, Sherry Kaerth, Wanda Stephens, John & Nancy Bolle, John Davis, Tim Barker, Earl Koester, Cheryl Adams, Verna Dean, Tom Meadows, Toby Fox, and Wayne Cooper,
The meeting was called to order by Mayor Boyer in the New Braunfels Civic/Convention Center, 375 S. Castell Avenue, New Braunfels, Texas, Meeting Rooms 103, 104, and 105 at 4:05 p.m. All Councilmembers were present.
JOINT MEETING WITH THE PARKS AND RECREATION ADVISORY BOARD FOR A PRESENTATION AND DISCUSSION ON IMPROVEMENTS TO LANDA PARK: Mayor Boyer read the above and foregoing caption.
The item commenced with a presentation by Wayne Cooper of Halff & Associates. Mr. Cooper began by describing the options the City had for improving the banks and amenities along and adjacent to the Comal River in Landa Park. He discussed multiple construction methods, material types, maintenance regimes, and the costs associated with each approach. After discussing the river improvements, Mr. Cooper gave a detailed presentation on establishing an effective landscape irrigation system for Landa Park. He discussed the increased efficiency, effectiveness, and reduction in labor costs that such a system would provide, and highlighted the need to ensure the proper separation of potable and non potable water sources, which the current system at the park does not properly accomplish.
July 20, 2009 New Braunfels Special City Council Meeting 2
DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPROVEMENTS TO LANDA PARK: Mayor Boyer read the above and foregoing caption.
After a full and fair discussion, Councilmember Ybarra moved that the City move forward with the installation of the proposed irrigation system, and that the City proceed with the design and engineering of the wall systems and dam along and adjacent to the Comal River in Landa Park. The motion was seconded by Councilmember Digges and carried unanimously.
DISCUSS AND CONSIDER THE PURCHASE, EXCHANGE. LEASE OR VALUE OF REAL PROPERTY. IF THE DELIBERATION IN AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE CITY IN NEGOTIATIONS WITH A THIRD PERSON, IN ACCORDANCE WITH SECTION 551.072, OF THE TEXAS GOVERNMENT CODE.
At 5:30p.m., Mayor Boyer announced that City Council would go into executive session in Room 102 to discuss the above mentioned items.
City Council returned into public session at 5:32 p:m. Councilmember Digges moved that the Council approve a resolution determining the public necessity for acquiring the property at 502 West County Line Road within the City for the purpose of improving and adding to the area now known as Fischer Park; authorizing the acquisition of property rights in said tract including acquiring the same by the filing of proceedings in eminent domain.
The motion was seconded by Councilmember Zapata and carried unanimously.
Resolution No. 2009-R45
City staff present during the executive session were City Manager Morrison, Assistant City Manager Camarena, City Attorney Wayland, City Secretary Resendez, and Deputy City Secretary Batts.
ADJOURNMENT: This Special meeting adjourned at 5:32p.m.
Date Approved: August 10, 2009
By: R.BRUCEBOYER,MAYOR
Attest:
MICHAEL A. RESENDEZ, CITY SECRETARY
July 20, 2009 New Braunfels Special City Council Meeting 2 3
MINUTES REGULAR CITY COUNCIL MEETING JULY 27, 2009
The City Council of the City of New Braunfels, Texas, met in Regular Session on July 27, 2009.
City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro-tem Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Mike Ybarra, Sandy Nolte, and Steven Digges.
City Staff present were:_ City Manager Michael E. Morrison, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Planning and Community Development Director Shannon Mattingly, Human Resources Director Julie O'Connell, Public Works Director Steven Ramsey, Historic Preservation Officer Cherise Bell, River Activities Manager Nathan Pence, Intergovernmental Services Manager Victoria Brown, Downtown Development Coordinator Monique Vernon, Support Services Director Deborah Korinchock, Purchasing Manager Mary Quinones, Fire Chief John Robinson, Assistant Fire Chief Derek Wrenn, and Information and Technology Specialist Woody Bagnall.
Also present were: James Reno, Janet Stanzione, Linda Hoben, Hillary Hoben, Paul Walje, Nancy Bower, Mario Gonzalez, Connie Worley, Jay Patrick, Bonnie Leitch, Jose Espinosa, Bill Leitch, Dolly Williams, Sue Cummings, Flora Biggs, Carol Johnson, Amy Woodall, Graham Weston, Rudy Rios, Paul Martinka, Janet Chang, Paul Bower, Penelope Speier, Sonny Collins, Lynn Forres, Don Forres, Michael Meek, Jason Davis, Rick Myrick, Mark Mcliney, and news reporters Noah Westerfield and Theron Brittain.
The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:02 p.m. All Councilmembers were present. Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag and Councilmember Goodner gave the invocation.
MINUTES: Councilmembers considered approval of the minutes of the Special Meeting of July 6, 2009 and the Regular Meeting of July 13, 2009.
Mayor Pro-tem Krueger moved to approve the minutes as presented. Councilmember Digges seconded the motion which was unanimously approved by City Council.
CITIZENS' COMMUNICATIONS:
Fire Chief Robinson honored the military service of Marine Lance Corporal Brandon Lara, a 20 year old member of the community, who had been killed in Iraq during his second tour of duty. Fire Chief Robinson spoke of the privilege it was to be a
July 27, 2009 New Braunfels Regular City Council Meeting 1 part of escorting Lance Corporal Lara home and being a part of his funeral procession to Fort Sam Houston. Following Fire Chief Robinson's comments, Mayor Boyer thanked the community for the efforts made in honoring Lance Corporal Lara.
James Reno of 250 Meusebach, New Braunfels, Texas, spoke on the subject related to Comal River shuttle seats and how the current rules were still creating problematic situations at the exit and waiting areas. He stated that the current rules were creating the opposite effect they were designed to have and gave suggestions to eliminate the congestion at the exit and sidewalks.
CONSENT AGENDA:
Proceeding with the meeting, Mayor Boyer read the Consent Agenda as listed below. Councilmember Digges moved to approve the Consent Agenda as listed below. Councilmember Nolte seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Zapata, Goodner, Ybarra, Nolte, Krueger, Digges, and Mayor Boyer; NAYS: None. ·
(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY MODIFYING SECTIONS 126-346 AND SECTION 126-368 TO DESIGNATE A SPECIFIC NO PARKING ZONE; REPEALING ALL ORDINANCES IN CONFLICT.
Ordinance No. 2009-42
(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A SINGLE-FAMILY RESIDENCE, LOCATED AT 288 N. MARKET STREET, TO BE USED FOR SHORT TERM RENTALS IN A "M-1 LIGHT INDUSTRIAL DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Ordinance No. 2009-43
(C) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED 185 S. SEGUIN STREET, TO BE KNOWN AS THE MERGELE BUILDING, AS A HISTORIC LANDMARK ACCORDING TO CHAPTER 66, ARTICLE Ill, AND AMENDING THE ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Ordinance No. 2009-44
July 27, 2009 New Braunfels Regular City Council Meeting 2 5
(D) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY AMENDING SECTION 126-354 TO MODIFY THE PERMIT PARKING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT, ADDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE
Ordinance No. 2009-45
(E) APPROVAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO THE CONTRACT WITH ACME BRIDGE COMPANY, INC. FOR THE OAK RUN PEDESTRIAN BRIDGE. As noted in the .agenda packet, the cost for this change order was $28,239.11, raising the original contract amount of $199,233.15 to $227,472,26.
(F) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING 0.988 ACRES LOCATED AT 2145 FM 1101 FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "C- 1B GENERAL BUSINESS DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Ordinance No. 2009-46
(G) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING 5.713 ACRES LOCATED AT 3363 IH-35 SOUTH FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "C-1B GENERAL BUSINESS. DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Ordinance No. 2009-47
(H) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING 0.940 ACRES LOCATED AT 2157 FM 1101 FROM "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" TO "C- 1B GENERAL BUSINESS DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Ordinance No. 2009-48
July 27, 2009 New Braunfels Regular City Council Meeting 3 6
(I) APPROVE AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH GREAT WEST/CIGNA FOR ADMINISTRATIVE SERVICES FOR THE CITY'S SELF-FUNDED MEDICAL, PRESCRIPTION, DENTAL, AND VISION EMPLOYEE BENEFIT PLAN. As noted in the agenda packet, the renewal was for the second year, with an option to renew up to five years with the current funding of $617.33 per employee per month remaining unchanged. It was further noted that the projected administrative costs for the health plan would be $149,017 for FY 09-10, representing a 5% increase.
(J) APPROVE AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH GREAT WEST/CIGNA FOR STOP LOSS (REINSURANCE) PREMIUM FOR THE CITY'S SELF-FUNDED MEDICAL AND PRESCRIPTION PLAN. As noted in the agenda packet, the renewal was for the second year, with an option to renew up to five years with the current specific limit at $80,000. It was further noted that renewal of the contract would change the specific limit to $90,000 resulting in a 1.4% increase in premium versus a 7.3% increase in premium under the current limit. It was also noted that the annual premium for this coverage was $438,595.
(K) APPROVAL AND CONFIRMATION OF THE REAPPOINTMENT OF JAN KOTYLO TO THE CITY OF NEW BRAUNFELS CIVIL SERVICE COMMISSION. As noted in the agenda packet, Ms. Kotylo expressed a desire to continue her service on the commission for another three year term.
(L) APPROVAL OF THE RENEWAL OF THE ANNUAL CONTRACT WITH J.R. RAMON AND SONS, INC. FOR DEMOLITION SERVICES. As noted in the agenda packet, the City entered into a contract with J.R. Ramon and Sons, Inc. for demolition services on July 24, 2007 effective through July 31, 2009. It was further noted that the contract had an option to renew, in one year increments, for a combined total of five years.
(M) APPROVAL OF THE PURCHASE OF A SQUAD (LIGHT RESCUE) VEHICLE AND REFURBISH OF EMS VEHICLE 03-401 FROM FRAZER THROUGH THE HOUSTON GALVESTON AREA COUNCIL COOPERATIVE. As noted in the agenda packet, the purchase of the Squad vehicle from Frazer was in the amount of $112,025 with the refurbishing of EMS unit 03-401 noted as $80,425.
(N) APPROVAL OF THE PURCHASE OF A PIERCE COMPRESSED AIR FOAM SYSTEM (CAFS) PUMPER FROM SIDDONS FIRE APPARATUS THROUGH THE BUYBOARD COOPERATIVE. As noted in the agenda packet, the price for the pumper was $588,690 with a BuyBoard fee of $1,500 totaling $590,190.
July 27, 2009 New Braunfels Regular City Council Meeting 4 7
(0) APPROVAL OF THE PURCHASE OF A VEHICLE FOR THE ANIMAL CONTROL DIVISION FROM BLUEBONNET MOTORS THROUGH THE LCRA CONTRACT. As noted in the agenda packet, the total price for the vehicle was $25,128.46.
(P) APPROVAL OF THE PURCHASE OF CELLULAR PHONE SERVICE FROM VERIZON WIRELESS THROUGH THE STATE OF TEXAS DIR CONTRACT. As noted in the agenda packet, Verizon Wireless was able to offer a lower cost plan and better customer service than provided by AT&T. It was further noted that the City anticipated saving approximately $24,000 the first year and also receiving server software and licenses for twenty Blackberry phones at no cost, saving approximately $4,000.
(Q) APPROVAL OF THE PURCHASE OF FIRE FIGHTER BUNKER GEAR FROM DOOLEY TACKABERRY THROUGH THE BUYBOARD COOPERATIVE. As noted in the agenda packet, the total cost was $67,326.20 for the purchase of 23 sets of bunker gear.
(R) AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH CH2MHILL REGARDING ANALYZING AND MAPPING THE DRY COMAL CREEK FLOOD PLAIN. As noted in the agenda packet, the cost for the services was set at $30,500 with funds available from the General Fund - Public Works Street Division drainage improvements fund.
(S) APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A U.S. DEPARTMENT OF JUSTICE, OJP-OJJDP, EARMARKS PROGRAMS GRANT IN THE AMOUNT OF $50,000 AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD.
Resolution No. 2009-R43
(T) APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING CHAPTER 30, CIVIC AND CULTURAL FACILITIES AND AFFAIRS BY CREATING A NEW ARTICLE IV, NEW BRAUNFELS PARTNERSHIP COMMITTEE, SECTIONS 30-60 THROUGH 30-63, PURPOSE, MEMBERS, TERMS, APPOINTMENTS, OFFICERS, AND POWERS AND DUTIES.
CONSIDERATION AND APPROVAL OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF NEW BRAUNFELS. TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009"; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND
July 27, 2009 New Braunfels Regular City Council Meeting 5 8
FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE. PAYMENT. SECURITY. SALE. AND DELIVERY OF SAID CERTIFICATES. INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Support Services Director Korinchock requested that City Council give final approval to issue $9.5 million in certificates of obligation to fund the costs associated with the various projects listed below.
Human Resources/Finance Software System $ 1,000,000 Public Works Equipment (pneumatic roller, haul trailer, asphalt paver) 185,000 Parks and Recreation Equipment (trailer, aerifier, dump truck, soil aerator, tractor, 2 gators, pool fencing, pool chemical storage) 155,700 Prince Solms Park - Phase 3 and 4 410,000 Wayfinding signs - monuments 172,000 Fencing at Camp Coma!, Boathouse and Fredericksburg; bleachers at Camp Comal 96,400 Fire apparatus for station #2 600,000 Police Vehicles 125,000 Boathouse improvements and boats 19,950 TXDOT property and improvements 1,300,000 Police Department Facility Improvements 185,000 Fire Station #4- Construction and Equipment 3,500,000 Property for Municipal Facilities 1,350,000 Mini Golf Lights replacement 80,000 Contingencies 320,950
Total $9,500,000
Next, Mark Mcliney with Southwest Securities noted that Wells Fargo and SAMCO Capital Markets were assigned as the underwriters on this issuance and further noted that interest in this issuance was opened up first to local investors in the Carnal/Guadalupe Counties area which resulted in the purchase of about 30% of the $9,500,000 debt. Mr. Mcliney then broke down the bond rating information, the different maturity schedules, and interest rate information on the issuance for City Council.
Following the introduction from Support Services Director Korinchock and Mr. Mcliney, Councilmembers took the opportunity to gather more information and comment on the issuance.
Mayor Boyer then opened the floor to public input.
July 27, 2009 New Braunfels Regular City Council Meeting 6 9
Jay Patrick of 1225 Pelican Place, New Braunfels, Texas, noted that a bond election had not taken place since about 2000 and that a large amount of debt had been issued by the City over the last three years. Mr. Patrick continued by noting information related to the City's debt service and the tax rate that would need to be adopted in the future to retire some of the City's debt in 2014. Mr. Patrick also briefly touched on spending some of the City's reserves to take care of some projects and questioned what the City's threshold was for going to the voters with a bond election.
Next, Support Services Director Korinchock and Mr. Mcliney answered questions related to the time line and structure related to the retirement of some of the City's debt and the interest rates related to the debt issuances over the last several years.
City Manager Morrison then addressed questions related to how soon a bond election could take place and the different funding strategies that are sought after by the City to fund projects.
Paul Watje of 343 Stone Point, New Braunfels, Texas, made an inquiry regarding the potential Human Resources/Financial Management software expenditure.
Continuing with the agenda item, an explanation and discussion took place regarding the Human Resources/Financial Management software and how Council c'ould reallocate those particular funds should Council decide not to move forward with acquisition of the software at this time.
Mayor Pro-tem Krueger then moved to approve the ordinance as presented. Councilmember Zapata seconded the motion.
Following final comments from Councilmembers, City Council approved the first and final reading of this ordinance by the following roll call vote; AYES: Councilmembers Goodner, Ybarra, Nolte, Krueger, Digges, Zapata, and Mayor Boyer; NAYS: None.
Ordinance No. 2009-49
DISCUSS AND CONSIDER THE SECOND AND FINAL READING OF AN ORDINANCE MODIFYING THE CODE OF ORDINANCES CITY OF NEW BRAUNFELS, TEXAS BY MODIFYING SECTION 126-355 TO DESIGNATE A DOWNTOWN ON-STREET PARKING ZONE; REPEALING ALL ORDINANCES IN CONFLICT, ADDING A SAVINGS CLAUSE AND GIVING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly commenced by noting that the ordinance had been revised to include a warning for a first offense instead of a fine and that a provision had also been added that would allow the ordinance to expire
July 27, 2009 New Braunfels Regular City Council Meeting 7 10
within 18 months unless extended by City Council. Director Mattingly also addressed two issues that were posed by Councilmembers during the interim and provided City Council with information on the company that would be providing the enforcement of the downtown parking, costs associated with employing the company and the effective date for the ordinance.
Mayor Boyer then opened the floor to anyone wanting to comment on the ordinance.
Nancy Bower of 265 Shady Hollow, New Braunfels, Texas, President of the New Braunfels Art League Gallery and Chairman of the Downtown Committee, provided City Council with a short history of the item and thanked the City and County for working together to provide additional parking spaces in the downtown area and expressed her support for the two-hour, limited parking ordinance.
Paul Martinka of 934 Albert Street, owner of Henne Hardware, made comments related to the map of the proposed two-hour downtown parking zone.
Jay Patrick of 1225 Pelican Place, New Braunfels, Texas, pointed out a couple of observations he made with regards to the map of the proposed two-hour downtown parking zone. He also thanked Council for allowing a sunset provision to be included in the ordinance.
Following comments from Councilmembers, Councilmember Digges moved to approve the second and final reading of this ordinance. Mayor Pro-tem Krueger seconded the motion which was approved by the following roll call vote; A YES: Councilmembers Ybarra, Nolte, Krueger, Digges, Zapata, Goodner, and Mayor Boyer; NAYS: None.
Ordinance No. 2009-50
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 1581 SH 46 SOUTH TO ALLOW PRE-OWNED AUTO SALES IN THE "C-1 LOCAL BUSINESS DISTRICT" AND "APD AGRICUL TURAUPRE-DEVELOPMENT DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly noted the location of the property on State Highway 46 and described the current zoning on the subject property noting that the surrounding neighborhood was a mix of residential, agricultural, commercial and light industrial. Director Mattingly further noted that the site plan that was submitted did not show adequate buffering and according to the applicant, the car lot would be comprised of 12 vehicles and would operate six days a week.
July 27, 2009 New Braunfels Regular City Council Meeting 8 11
Continuing with her presentation, Director Mattingly stated that the proposed use was consistent with the future land use designation of Commercial, but not with the purpose and intent of zoning district regulations. She stated that public hearing notices were sent to 7 property owners located within 200 feet of the property and that no responses were returned in favor and that one response was received in opposition.
Next, Director Mattingly noted that staff did not recommend approval of the Special Use Permit because the request was not consistent with the purpose and intent of the zoning district regulations and that State Highway 46 was a main entry into the City and that the unique character of the City should be taken into consideration. She added that staff was recommending that the paving, landscaping and buffering requirements of the zoning ordinance be met if the Council should decide to approve the Special Use Permit.
She ended her presentation by noting that the Planning Commission held a public hearing on July 7, 2009 and recommended approval of the Special Use Permit by a vote of 8-1-0 and that the car lot be restricted to a maximum of 12 vehicles with a condition that the paving, landscaping and buffering requirements of the zoning ordinance be met. Director Mattingly stated that the applicant had since then requested 20 cars be allowed on the lot.
Following her presentation, Mayor Boyer opened the floor to public input.
Janet Stanzione of 27935 Wild Bloom, San Antonio, Texas 78260 provided City Council with details of the business that would be occupying the subject property.
Next, Director Mattingly replied to questions related to buffering, landscaping, paving, drainage requirements, and lighting on the subject property.
After no further public input, Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion which was unanimously approved by City Council.
Councilmembers then took the opportunity to request further information and details on the Special Use Permit requested.
Proceeding with the agenda item, Councilmember Goodner moved to approve the first reading of this ordinance with the recommendation from the Planning Commission that the business be restricted to 12 vehicles on the lot and with the condition that the paving, landscaping and buffering requirements be met. Councilmember Digges seconded the motion which was approved by City Council by a 6-1-0 vote with Councilmember Ybarra casting the only dissenting vote.
July 27, 2009 New Braunfels Regular City Council Meeting 9 12
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW UP TO 18 MULTIFAMILY RESIDENTIAL UNITS AN ACRE ON APPROXIMATELY 10 ACRES OUT OF SUBDIVISION NO. 112 OF THE A.M. ESNAURIZAR ELEVEN LEAGUE GRANT. LOCATED ADJACENT TO THE STONEGATE SUBDIVISION ON SH 46 SOUTH AND ZONED "R-3L MULTIFAMILY LOW DENSITY DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly presented this item to City Council noting that in 2002, the property was rezoned to R-3L and granted a Special Use Permit to allow up to 18 multifamily residential units per acre. She stated that since no activity had taken place to date, the Special Use Permit was considered to be void. Director Mattingly added that the developers were now ready to move forward with the project and had made some revisions to the original, non-detail oriented, site plan which was still in the preliminary stages.
Director Mattingly noted that public hearing notices were sent to 20 property owners located within 200 feet of the property with one response returned in favor and nine responses returned in objection. Director Mattingly informed Council that a three fourths (3/4) vote of all Councilmembers would be necessary since a total of 36% of the notification area had responded in objection.
Before closing, Director Mattingly stated that staff had recommended approval of the Special Use Permit and that the Planning Commission had held a public hearing on July 7, 2009 and unanimously recommended approval of the Special Use Permit by a vote of 9-0-0.
Following her presentation, Mayor Boyer opened the floor to public input.
Paul Watje of 343 Stone Point, New Braunfels, Texas, stated that he lived in the Stone Gate Subdivsion which abutted the subject property and had questions regarding what type and quality of development would be occurring on the property and how it would affect his property value.
Mario Gonzalez of 10010 San Pedro, Suite 450, San Antonio, Texas 78216, speaking on behalf of Brass Real Estate Growth Fund IV, L.P., addressed the development issue raised by Mr. Watje, stating that they were approved for 12 units per acre but felt the market could sustain a higher density of 18 units per acre at this time. Mr. Gonzalez stated that the gated community would be class A with quality amenities and managed by a professional firm. Mr. Gonzalez further stated that the development would be of high quality and tenants would undergo intense scrutiny to live in the multifamily garden style home community.
At this time, Director Mattingly displayed a 2002 site plan for the development noting that a more current plan was not available at this time due to engineering and
July 27, 2009 New Braunfels Regular City Council Meeting 10 13
drainage issues. Director Mattingly further noted that part of the request was that a site plan not be a part of the consideration for the approval process.
Mario Gonzalez added that the intentions were to move forward with the exact site plan that was being presented at tonight's meeting but that some design information needed confirmation by TxDOT and some setbacks needed to go through the City's processes. Mr. Gonzalez also noted that it would take about six months for development to begin on the subject property and that an 850 square foot unit would probably rent for $850.00 per month equating to $1.03 per square foot with some larger units renting up to $1,200 to $1,300 per month. Mr. Gonzalez then addressed the financial issues and difficulties his firm had with producing a more current site plan before certain approvals had been issued.
Comments were then made by Councilmembers regarding not being able to view and inspect a more detailed and finalized site plan.
Continuing with public input, Hillary Hoben of 369 Copper Path Drive, New Braunfels, Texas, stated that she lived in the Wendover Farms Subdivision which abutted the subject property and expressed her reasons for the opposition to the request for the Special Use Permit. Before concluding her comments, Ms. Hoben mentioned that the owners of the subject property had been cited in the past for failure to maintain the vegetation on the subject parcel in a proper manner and questioned whether they would be responsible in maintaining the new development.
Jay Patrick of 1225 Pelican Place, New Braunfels, Texas, expressed concern that not much information was being divulged by the developer as initially submitted in 2002 and that this area had greatly changed since 2002. He added that at this time, 18 units per acre was not suitable and that the development should remain at 12 units per acre and that the ingress and egress be addressed as well as buffering.
Next, Mr. Gonzalez was given the opportunity to address some of the issues brought forth by Ms. Hoben and Mr. Patrick.
Following public input, Councilmember Zapata moved to close the public hearing. Councilmember Digges seconded the motion which was unanimously approved by City Council.
Councilmembers then made comments and held a discussion on the Special Use Permit request and the proposed project and the possibility of tabling or postponing the item for issues to be addressed by the applicant which included a more defined site plan.
Continuing with the agenda item, Councilmember Goodner moved to postpone this item until the August 24, 2009 Regular Council Meeting. Councilmember Zapata seconded the motion which was unanimously approved by City Council.
July 27, 2009 New Braunfels Regular City Council Meeting 11 14
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW TEMPORARY STORAGE OF WATER AND SEWER PIPE, APPURTENANCES, CONSTRUCTION EQUIPMENT AND PIPE TRENCH BACKFILL ON VACANT PROPERTY AT E. DALLAS STREET AT N. UNION AVENUE, LOCATED IN AN "R-2 SINGLE AND TWO FAMILY DISTRICT" REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly commenced her presentation by noting that this request had been initiated by the City of New Braunfels to allow temporary storage of pipe and equipment during a street and utility improvement project in Landa Park Estates. She further noted that the subject property was a vacant strip of land between the railroad tracks and Dallas Street and that although frequently confused as railroad right-of-way, the land was actually privately owned. Director Mattingly stated that this infrastructure improvement project was a joint effort between the City of New Braunfels and New Braunfels Utilities and that NBU had indicated they would prefer the contractor not use their Klingemann Street property for storage. She further stated that construction work began on June 15, 2009, and would be completed in a maximum of 210 days and that all equipment would be removed 'upon completion of the project or by January 10, 2010.
Director Mattingly noted that public hearing notices were sent to 31 property owners located within 200 feet with two responses received in favor and three in opposition.
Continuing with her presentation, Director Mattingly noted that staff had recommended approval of this request for a period of time not to exceed 210 days from the start of construction and that the Planning Commission held a public hearing on July 7, 2009, and recommended approval of the request for a period of time not to exceed 210 days, by a vote of 8-1-0.
Councilmembers then took the opportunity to gain further information on the agenda item with emphasis on the current staging site and the criteria that would be involved in pursuing another site in the future.
Mayor Boyer then opened the floor to public input.
Penelope Speier of 278 Dallas Street, New Braunfels, Texas, stated that the quality of life had diminished in her neighborhood since construction had commenced on June 15, 2009, since construction vehicles were usually in operation from 6:00 a.m. to 9:30 p.m. Ms. Speier added that the dust and noise were major issues and requested that City Council not approve the Special Use Permit.
July 27, 2009 New Braunfels Regular City Council Meeting 12 15
Sonny Collins of 278 Dallas Street, New Braunfels, Texas, echoed the comments made by Penelope Speier and stated that violations had occurred with regards to the staging area and that the Texas Commission on Environmental Control was looking into possible infractions that could end up in a 21 day delay. Mr. Collins requested that City Council not approve the requested Special Use Permit and force the construction company to operate illegally and eventually force the company to locate a staging area not situated in a residential area.
Following public input, Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion which was unanimously approved by City Council.
Following a discussion by Councilmembers, City Manager Morrison commented on what areas the City could potentially take a look at to remedy some of the situations created through the placement of the staging area.
Continuing with the agenda item, Councilmember Zapata moved to approve the first reading of this ordinance with a definitive termination date for the Special Use Permit on January 10, 2010, with direction that the City Manager do everything within his power to resolve pending issues, that the site be access controlled as approved by the City Planning Department, and that the hours of operation be between 7:00 a.m. and 8:00 p.m. Councilmember Digges seconded the motion which was unanimously approved by City Council.
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE DESIGNATING THE 500 BLOCK OF HILL AVENUE AS AN EXPANSION OF THE SOPHIENBURG HILL HISTORIC DISTRICT, ACCORDING TO CHAPTER 66, ARTICLE Ill AND AMENDING THE ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly noted that in 2007, the Neighborhood, defined by the streets of Hill, Walnut, Nacogdoches and San Antonio rezoned to "SND-1 Special Neighborhood District" as a way to retain the traditional sizes and use of their houses. She added that this was followed by a request in 2008 to qualify Academy and Magazine Avenues for Historic District Designation and that the Sophienburg Hill Historic District was designated by City Ordinance 2009-26 on May 11, 2009.
Director Mattingly further noted that an application was received May 29, 2009 with all eight properties signing "in favor" of pursuing historic designation. She stated that on June 9, 2009, the Historic Landmark Commission unanimously concurred with a finding of historic significance to recommend the 500 Block of S. Hill Avenue to be added to the Sophienburg Hill Historic District. Director Mattingly also mentioned that on July 7, 2009, the Planning Commission unanimously concurred with a finding of historic significance.
July 27, 2009 New Braunfels Regular City Council Meeting 13 16
Director Mattingly informed Council that public hearing notices were sent to 33 property owners located inside the proposed district and within 200 feet of the property and to date, six responses had been received in favor, one in opposition, and two were returned undeliverable. After mentioning the fiscal impact, Director Mattingly stated that staff was recommending approval of the expansion of the Sophienburg Hill Historic District.
Mayor Boyer then opened the floor to public input.
Bonnie Leitch of 548 Hill Avenue, New Braunfels, Texas, expressed her happiness in joining the Sophienburg Hill Historic District.
Following no further public input, Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion which was unanimously approved by City Council.
Proceeding with the agenda item, Councilmember Nolte moved to approve the first reading of this ordinance as presented. Councilmember Digges seconded the motion.
Following final comments from Councilmembers, City Council unanimously approved the motion proposed by Councilmember Nolte.
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 58, FLOODS, CODE OF ORDINANCES. BY ADOPTING A NEW FEMA FLOOD STUDY AND FLOOD INSURANCE RATE MAPS; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND SETTING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly noted the City was required to adopt the new Flood Insurance Rate Maps (FIRM) and· Flood Insurance Study (FIS) to be eligible for flood insurance through the National Flood Insurance Program and added that the effective date for the maps was September 2, 2009.
Mayor Boyer then opened the floor to public input.
Following no public input, Councilmember Digges moved to close the public hearing. Mayor Pro-tem Krueger seconded the motion which was unanimously approved by City Council.
Proceeding with the agenda item, Councilmember Digges moved to approve the first reading of this ordinance as presented. Mayor Pro-tem Krueger seconded the motion which was unanimously approved by City Council.
July 27, 2009 New Braunfels Regular City Council Meeting 14 17
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY AMENDING SECTION 126-354 TO MODIFY THE PERMIT PARKING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT, ADDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly commenced her presentation on this item by noting a petition was received from a neighborhood representative requesting permit parking in front of the following properties in "Area 1":
• 286 Napoleon St.
• 286, 342 and 364 S. Market Ave.
Planning Director Mattingly noted that public hearing notices were sent to the owners/residents of the properties listed above on July 16, 2009 and that on July 21, 2009, a petition was received from three additional property owners in the same general area.
She stated that notices for these properties were sent out on July 22, 2009, less than the 10 days required by ordinance; therefore, with Council's approval, the following properties would be added to the ordinance between the first and second readings:
• 372 and 285 Coli Street (Area I)
• 244 Coli Street (Area G)
Councilmembers then took the opportunity to request further information on the agenda item.
Mayor Boyer then opened the floor to public input.
Following no public input, Mayor Pro-tem Krueger moved to close the public hearing.· Councilmember Nolte seconded the motion which was unanimously approved by City Council.
Proceeding with the agenda item, Councilmember Nolte moved to approve the first reading of this ordinance as presented. Mayor Pro-tem Krueger seconded the motion which was unanimously approved by City Council.
DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION DECLARING THE STRUCTURE LOCATED AT 364 N. WALNUT AVENUE, NEW BRAUNFELS, TEXAS TO BE SURPLUS PROPERTY AND ACCEPTING A LETTER OF INTENT TO PURCHASE AND RELOCATE THE STRUCTURE TO 343 CROSS STREET IN NEW BRAUNFELS, TEXAS: Mayor Boyer read the above and foregoing caption.
July 27, 2009 New Braunfels Regular City Council Meeting 15 18
Planning and Community Development Director Mattingly gave a brief introduction on this item noting that the City of New Braunfels' Historic Preservation Officer completed a historic structures survey in March 2008 for the Walnut Avenue street widening and found none of the 24 buildings eligible for listing in the National Register of Historic Places with the Texas Historical Commission concurring in October 2008.
Planning Director Mattingly stated that even though the houses were not eligible for National Register Historic Designation that they could still meet the less stringent requirements of a Local Historic Landmark. She stated that in order to save the German heritage, the Historic Landmark Commission recognized two local facts: that citizens of New Braunfels had a long history of moving building$ to different lots and that settlement houses built of fachwerk construction methods were unique to New Braunfels.
Planning Director Mattingly added that although the house at 364 Walnut was a Greek Revival Style with adobe straw walls, the building was moved from its original location to its current address. She stated that because of the construction method, the Historic Preservation Officer felt the building qualified for local landmark status and the City should take extra care in trying to have the house relocated.
Planning Director Mattingly informed City Council that following standard procedures for selling the properties on Walnut Avenue, that 364 N. Walnut Avenue was put up for public auction from May 18 to June 1, 2009 with two stipulations. She stated that no bids were received and after the bid was closed, a proposal was received from Donald and Lynn Forres to relocate the house from 364 N. Walnut Avenue to 343 Cross Street.
Planning Director Mattingly mentioned that the Forres' proposal included the following:
1. Purchase of the house for $1.00 (one dollar); 2. Moving of the house to 343 Cross Street noting that moving it to an existing parking lot reduced the number of parking spaces available thereby creating the need for two variances related to rezoning and the use of a crushed granite surface to encourage water run off instead of asphalt as required by code; 3. The City incurring the cost to remove the asbestos siding from the house; and, 4. The lot would be left "as is" once the original structure had been moved.
Following information on the fiscal impact to the City, Director Mattingly noted that staff was recommending approval with the condition that the Forres meet requirements of rezoning, variance and all City departmental reviews.
July 27, 2009 New Braunfels Regular City Council Meeting 16 19
Following details and information on the proposed use of the building from Lynn Forres of 477 W. Mill Street, New Braunfels, Texas, Councilmember Digges moved to approve the resolution related to this item as presented. Councilmember Nolte seconded the motion which was unanimously approved by City Council.
Resolution No. 2009-R44
EXECUTIVE SESSION - DISCUSS AND CONSIDER THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. IF THE DELIBERATION IN AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE CITY IN NEGOTIATIONS WITH A THIRD PERSON, IN ACCORDANCE WITH SECTION 551.072, OF THE TEXAS GOVERNMENT CODE:
EXECUTIVE SESSION TO DELIBERATE ISSUES REGARDING ECONOMIC DEVELOPMENT NEGOTIATION IN ACCORDANCE WITH SECTION 551.087, OF THE. TEXAS GOVERNMENT CODE:
DELIBERATE PENDING/CONTEMPLATED LITIGATION, SETTLEMENT OFFER(S), AND MATTERS CONCERNING PRIVILEGED AND UNPRIVILEGED CLIENT INFORMATION DEEMED CONFIDENTIAL BY RULE 1.05 OF THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION 551.071, OF THE TEXAS GOVERNMENT CODE:
At 9:35 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned items.
City Council returned into public session at 10:03 p.m., with no action being taken by City Council during the closed session.
In open session, Mayor Pro-tem Krueger, with regards to the Carowest issue, moved to authorize the City Manager to enter into an agreement and execute all necessary documents to exchange and acquire land as provided in the agreement. Councilmember Digges seconded the motion which was unanimously approved by City Council.
City staff present during the executive session were City Manager Morrison, City Attorney Wayland, and City Secretary Resendez.
ADJOURNMENT: This Regular meeting adjourned at 10:05 p.m.
Date Approved: August 10, 2009
By: R. BRUCE BOYER, MAYOR
July 27, 2009 New Braunfels Regular City Council Meeting 17 20
Attest:
MICHAEL A. RESENDEZ, CITY SECRETARY
July 27, 2009 New Braunfels Regular City Council Meeting 18 ,.,Cityof ~-..New Braunfels City Council Agenda Item Report August10,2009 Agenda Item No. 2 Presenter/Contact - Mayor Bruce Boyer
SuBJECT: CITIZENS' COMMUNICATIONS
BACKGROUND/RATIONALE:
This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
j City Plan/Council Priority:
FISCAL IMPACT: N/A
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
N/A 22 L.::> ~JCityof ... -~- · New Braunfels City Council Agenda Item Report August 10, 2009 Agenda Item No. 3{A-K) Presenter/Contact- Various
SUBJECT: CONSENT AGENDA
Item Description Source Status A Approval to authorize the City Manager to enter into a S. Ramsey See Briefing contract modification with Halff Associates regarding Sheet. the South Tributary Regional Flood Control Project and the appropriate budget adjustment. B Approval of the second and final reading of an S. Mattingly Approved ordinance granting a special use permit to allow unanimously at temporary storage of water and sewer pipe, the 07/27//09 appurtenances, construction equipment and pipe meeting. trench backfill on vacant property at E. Dallas Street at N. Union Avenue, located in an "R-2 single and two family district". c Approval of the second and final reading of an S. Mattingly Approved ordinance designating the 500 block of Hill Avenue as unanimously at ' an expansion of the Sophienburg Hill Historic District, the 07/27//09 according to chapter 66, Article Ill and amending the meeting. zoning map. D Approval of the second and final reading of an S. Mattingly Approved ordinance amending Chapter 58, Floods, Code of unanimously at Ordinances, by adopting a new FEMA Flood Study the 07/27//09 and Flood Insurance Rate Maps, meeting. E Approval of the second and final reading of an S. Mattingly Approved ordinance amending section 126-354 of the permit unanimously at parking ordinance. the 07/27//09 meeting. F Approval to authorize the City Manager to enter into a S. Ramsey See Briefing contract modification with Carter-Burgess regarding Sheet. the Phase 3-05 Street Reconstruction Project (Gruene Road from Post Road to Business 35 and a segment of Glenbrook Drive). G Approval of the City of New Braunfels FY 2008-09 D. Korinchock See Briefing Third Quarter Investment Report. Sheet. H Approval to amend the City's current holiday schedule J. O'Connell See briefing for 2009 to include the designation of September 11 sheet. as a holiday for all uniformed employees in the Fire Department, replacing the Comal County Fair Day holiday for these employees. L..--.
I Approval of the second reading of an Ordinance V. Brown See briefing amending chapter 30, Civic and Cultural Facilities and sheet. Affairs, by creating a new article IV, New Braunfels Partnership Committee, Sections 30-60 through 30- 63, purpose; members, terms appointments; officers; and powers and duties. J Consider approval of the Mayor's nominations to the V. Brown See briefing New Braunfels Partnership Committee. sheet. K Consider approval of a Resolution approving the V. Brown See briefing Bylaws of the New Braunfels Partnership Committee. sheet.
BACKGROUND/RATIONALE: N/A
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I~ IN/A I I I
FISCAL IMPACT:
N/A I
BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A
~ ~-,City of ~_.New Braunfels City Council Agenda Item Report August10,2009 Agenda Item No. 3-A Presenter/Contact- Jim Klein, City Engineer (830) 221-4020 - [email protected]
susJecr: Approval to authorize the City Manager to enter into a contract modification with Halff Associates regarding the South Tributary Regional Flood Control Project and the appropriate budget adjustment.
BACKGROUND/RATIONALE:
The City Council approved a contract with Halff Associates for design services related to the South Tributary Regional Flood Control Project on March 28, 2005 and additional funding for a revision to scope on February 27, 2006.
On October 11, 2008 City Council approved an increase in the contract for design of a revised alignment of the channel across the Carowest Land Ltd. (Carowest) tract downstream of FM 725.
On July 27, 2009, City Council approved an agreement with Carowest to modify the project design. This change in services with Halff Associates will provide the City with the design and permitting support to implement the agreement with Carowest. As that agreement stipulates, Carowest will reimburse the City for the cost of the engineering services covered by this change in services. The attached letter dated August 1, 2009 details the additional services to be provided by Halff Associates.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A 2006 Comprehensive Plan City Plan/Council Goal 31: Develop a regional drainage system X Yes Priority: that protects personal property, traffic flow, and the environment.
FISCAL IMPACT:
The additional cost for these engineering services to modify the design is $100,000. To fully fund this added cost, a budget adjustment is required as shown below.
2004 Certificates of Obligation Capita/Improvement Fund Increase: Revenue- Contribution $100,000 Increase: South Tributary Flood Control Project- Engineering $100,000
Page 1 of 2 BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in professional services with Halff Associates regarding the South Tributary Regional Flood Control Project in the amount of $100,000 and the appropriate budget adjustment.
Page 2 of2 27 f HALFF j I August 1, 2009 I Mr. Jim Klein, P.E. City Engineer City ofNew Braunfels P.O. Box 311747 New Bratmfels, TX 78131-1747
RE: City of New Braunfels South Tributary Regional Flood Control Project Additional Services Proposal for Realignment of the South Tributary
Dear Mr. Klein: We are submitting the following scope of services and fee proposal for the proposed realignment of the South Tributary, downstream of FM 725 and in general conformance with the new alignment provided by Carowest Land Ltd., which has been agreed upon by the. City of New Braunfels. This scope will be considered as an amendment to the original South Tributary Project contract, dated May 19, 2005 and shall confortn to its terms and general provisions. 'It is our understanding that upon execution of this agreement, Halffwill receive from the City all design plans, CADD files, Hydrologic/Hydraulic models and reports, geotechnical reports, certified surveys (including boundary), permit modification documents (USACE 404 and CLOMR), and construction documents previously prepared by the engineer retained by Carowest Land Ltd. It is also our understanding that Halff will be expected to prepare designs and construction documents for the realignment and serve as the City's sole responsible engineer for the project. Therefore, Halff will only use previously prepared documents by Carowest Land Ltd.'s engineer for general guidance of the channel alignment and perform our own set of design plans, models, reports, permit modifications, and construction documents necessary for constmcting these proposed improvements. The only previous work expected to be utilized will be the certified field survey and boundary survey provided by Carowest Land Ltd.'s engineer or surveyor.
SCOPE OF SERVICES: A. Initial Analysis: Halff will perform hydraulic analysis and verification of the proposed channel realignment by Carowest Land Ltd. to ensure the proposed design will not impact water surface elevations at and/or upstream of FM 725. Halff will also confirm the channel configuration to meet the original project goals of containing the future developed 100 year storm event. Halff will report to the City our findings and recommendations for any potential changes or improvements.
HALFF ASSOCIATES. INC
4300 E SONTERRA B LVD, STE 230 TEL (210) 798-1895 WWWHALFF.COM SAN AN TONI 0. TX 78258 FAX (210) 798-f\9€ 28
••• IVIr. Jim Klein, P.E. ••• HALFF City of New Braunfels ••• August 1, 2009
B. Finalize Hydrologic and Hydraulic (H&H) Analysis: Upon final approval of the channel configuration, Halff will fmalize the H&H model revisions for the entire South Tributary system in preparation of the final hydraulic report and LOMR. This scope will not include modeling alternatives or the addition of landscape plantings or amenities that may be proposed by Carowest Land Ltd.. In addition, our scope assumes the channel will be modeled to contain the future developed 100 year storn1 event. C. Design and Construction Documents: Halff will prepare design plans and construction documents for the construction of the realignment and submit review sets to the City at the 90% and 100% for comments. In addition, each submittal will include an opinion of probable construction cost. Work will specifically include horizontal control layouts, channel grading, cross sections, permanent erosion control designs, SWPPP, wetland mitigation and/or pilot channel design, and miscellaneous details as required. Our scope assumes that design will incorporate the same type of erosion control materials and chrumel configurations as the rest of the project. D. USACE 404 Permit Modifications: Halffwill prepare an amendment to the current 404 Permit for approval. This work will include a revised application report, additional environmental investigations as necessary, Section 401 Alternatives Analysis, and a Compensatory Mitigation Plan. In addition, Halff will coordinate with the Corps through the review period to final approval ru1d close out of the project. Our scope assumes that the mitigation will include similar pilot channels and plantings as in the original permit. In addition, the amendment shall not include fill to be placed in the original channel where wetlands have been identified, except as where noted in the original permit application. E. Construction Services: It is assumed that formal bid document will not be necessary, only a final quantity take off for the City's contractor. Halffwill continue and extend the time for construction field observations and review of contractors RFis and shop drawings. F. Final Letter of Map Revision (LOMR): The proposed realignment will require significant modifications to the conditional letter of map revision (CLOMR) already submitted to and approved by FEMA prior to the Final LOMR submittal. This work includes modification to the models, maps, reports, and supporting documentation required by FEMA. G. Exclusions: Work considered not pati of this scope of services would be considered additional services are the following: • Geotechnical Investigations and Reports • Construction and Topographic Surveys • Land acquisition services, including but not limited to boundary surveys and appraisals.
2 29
:Mr. Jim Klein, P.E. HALFF City of New Braunfels i\ugust 1, 2009
• Utility relocations or design of new utility facilities. • Design of facilities not specifically identified in this scope, such as wetland ponds or diversions of :flow. • Design of areas outside of the immediate project limits, such as fill plans on the Carowest Property not necessary for the construction of the proposed improvements. • Coordination with Landscape Architects and/or other Engineers regar~ing aesthetics or changes to the channel configuration, erosion control, grading, plantings, and wetland mitigation. • Investigating alternative erosion control materials.
FEE PROPOSAL: The basic fee for the scope of services described above will be based on the following lump sum amotmts:
A. Initial Analysis ofDocuments $5,000.00 B. Finalize H&H Analysis $15,000.00 C. Design and Construction Documents $60,000.00 D. USACE 404 Pern1it Modification $10,000.00 E. Constmction Services $5,000.00 F. Final LOMR $5,000.00 Total South Tributary Realignment Fee $100,000.00
Excluded services listed and/or services not specifically included in this scope of services shall be considered as additional services and the fee will be negotiated on a lump sum basis. It our understanding that the City has an agreement with Carowest Land Ltd., which contains dispute resolution clauses that may require Halff's participation on behalf of the City. Any services involving dispute resolution or addressing issues related to the Carowest Land Ltd. agreement shall be considered additional services and these services shall paid to Halff on an hourly basis according to the Rate Schedule provided in Attachment A. In addition, Halff shall not be responsible for obtaining or the expense for a third party mediator. Halff will work with the City and their contractor to expedite the work. Upon approval of the final channel configuration and hydraulics, Halff will provide the City with a schedule for completing the design, permitting, and construction documents.
3 30
Mr. Jim Klein, P.E. City of N cw Braunfels ill HALFF August 1, 2009
If you have any questions or need additional information, please contact me at (21 0) 798-1895 or by email [email protected]. We appreciate the opportunity to continue working for and with the City ofNew Braunfels on this important flood control project.
Sincerely, HALFF ASSOCIATES, INC.
/J /----:7/ . dJ t\:)'11\@/rJ" ---1-?/~n Dwayne S. Hamilton, P.E., CFM Vice President
Attachment CC: Steve Ramsey, P.E., City ofNew Braunfels File
4 31 Attachment A Hourly Rate Schedule
Hourly Rate Valid Labor Category Through 7/31/10 Project Manager $193.50 In-House Attorney $190.00 QA/QC $141.60 Task Order Manager $180.10 Sr. Level H&H Enain.eer Halff Associates page 1 32 r- 1cityof ~~New Braunfels City Council Agenda Item Report "' ~~ AUGUST 10,2009 Agenda Item No. 3- B Presenter- Shannon Mattingly, Planning Director (830) 221-4055 [email protected] SuBJEcT: Approval of the second and final reading of an ordinance granting a special use permit to allow temporary storage of water and sewer pipe, appurtenances, construction equipment and pipe trench backfill on vacant property at E. Dallas Street and N. Union Avenue, located in an "R-2 single and two family district". APPLICANT: City of New Braunfels 424 S. Castell Ave. New Braunfels TX 78130 OWNER: Liberty Partnership LTD. 381 E. Austin St. New Braunfels, TX 78130 8ACKGROUND/RATIONALE: The City of New Braunfels is initiating this request to allow temporary storage of pipe and equipment during a street and utility improvement project in Landa Park Estates. The subject property is a vacant strip of land between the railroad tracks and Dallas Street. Although frequently confused as railroad right-of-way, the land is actually privately owned. The tract is currently zoned "R-2" Single and Two Family District. There is no future land use designation on the property. This infrastructure improvement project is a joint effort between the City of New Braunfels and New Braunfels Utilities. NBU indicated they would prefer the contractor not use their Klingemann Street property for storage. Because of the proximity of that tract to the Carnal River, it is not an ideal location. Construction work began on June 15, 2009, and will be completed in a maximum of 210 days. All equipment will be removed upon completion of the project or by January 10, 2010. A Special Use Permit may be granted to allow compatible and orderly development which may be suitable only if developed in a specific way or only for a limited period of time. The request should be evaluated on the extent to which the proposed use: • is consistent with policies of the Comprehensive Plan; • is consistent with the purpose and intent of zoning district regulations; • meets all supplemental standards (if applicable); • is compatible with the character and integrity of adjacent development and '-- neighborhoods; and • is not detrimental to the public health, safety, convenience and welfare. General Information: Page I of4 Case No.: PZ09-31 Size: Approximately 0.54 acres Surrounding Zoning North ...,.. R-2 I Residential and Land Use: South- M-1r61 Residential, Industrial East- R-2/ Residential West - R-2 I Residential Comprehensive Plan/ Future Land Use Designation: None lmprovement(s): The property is vacant. Notification: Public hearing notices were sent 31 property owners located within 200 feet. Two responses were received in favor (#23 and 38), and none in opposition. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes Citv Plan/Cou,lcil Pros: Prio;·ity, Goal 6 Refine or add zoning requirements / _ y-:-p·::;-,e,~, 'S =>:.an to be compatible with the community's overall intentions and the best interests of :::;,,:.s ::;,:_~! c.~P:; Bese} the community as a whole. ' p,, ' >:! s The temporary use of the property as a storage yard will facilitate street and utility improvements, which serve the interests of the community as a whole. Cons: Objective 1A Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. Objective 20F Utilize design sensitivity and buffering for commercial uses adjacent to existing or proposed residential areas, including existing natural features and physical barriers to buffer incompatible land use. Objective 20G Discourage incompatible land uses from abutting residential areas. This location may not be appropriate for a permanent storage yard. However, the request is temporary and the property does not immediately abut any residential uses. Page 2 of4 FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommended approval of this request for a period of time not to exceed 210 days from the start of construction. Staff did research other options including the property currently used for Schlitterbahn parking but Schlitterbahn's summer season does not end until the end of ·September and they start using the lot again in November for the Holiday Season, therefore it is not feasible to move the materials and equipment for a short period of time. The use of this site on Dallas provides a shorter haul distance through the neighborhood than any other vacant property in Edgewater Estates. City Council did approve the first reading. COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on July 7, 2009, and recommended approval of the request for a period of time not to exceed 210 days, by a vote of 8-1-0. Z:\CCagenda\ZoneChgs&SUP\CONB SUP Dallas.doc Pa e 3 of4 36 37 ORDINANCE NO. 2009- AN ORDINANCE DESIGNATING THE 500 BLOCK OF HILL AVENUE AS AN EXPANSION OF THE SOPHIENBURG HILL HISTORIC DISTRICT, ACCORDING TO CHAPTER 66, ARTICLE Ill AND AMENDING THE ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Historic Landmark Preservation Ordinance and Zoning Ordinance of the City of New Braunfels; and WHEREAS, the City Council wishes to protect this area as a part of the heritage of New Braunfels for future generations; and . WHEREAS, the City Council desires to amend the Zoning Map by designating the suffix "HO" in addition to the conventional zoning designation established by the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1 THAT the following described area is hereby designated as a Historic District in accordance with the provisions of Chapter 66, Article Ill of the Code of Ordinances of the City of New Braunfels, Texas: The 500 Block of S. Hill Avenue as an area to be known as part of The Sophienburg Hill Historic District", as shown on the attached map, marked as Exhibit A". SECTION2 THAT the above properties are hereby restricted as to the amount or method of change, construction, or demolition that can take place in accordance with Chapter 66, Article Ill of the Code of Ordinances of the City of New Braunfels. The Secretary of Interior guidelines as defined in Article Ill. Historic Landmark Preservation. Sec. 66- 58. will be the guidelines that apply to this District and amendment of any specific guidelines other than those identified at the adoption of this ordinance will require public hearings and approvals as currently outlined in Sec. 66-55. Designation of Historic Districts with the exception that the City would require 67% of the property owners instead of 51% to agree to change the design guidelines. SECTION3 THAT the above described properties are hereby entitled to all rights and privileges that are accorded to historically designated structures or sites, or which may be accorded those structures or sites in the future. SECTION4 THAT, the zoning map is amended by designating all tracts as defined in Exhibit A to add "HO". 1 38 SECTIONS THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTIONS 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. SECTION7 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 2?'h day of July, 2009. 1 PASSED AND APPROVED: Second Reading this the 10 h day of August, 2009. CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Historiclandmarks\Sophienburg expansion 500 Hill.ord.doc 2 LEGEND =-=-=- Subject Properties rTI )ct F~~~~~] Sophienburg Hill Historic District :::r:: ~_, :l )> :1 HLC09-007 N 500 Block of Hill Street Expansion of the Sohpienburg Hill Historic District A 40 41 ORDINANCE NO. 2009 - AN ORDINANCE AMENDING. CHAPTER 58, FLOODS, CODE OF ORDINANCES, BY ADOPTING A NEW FEMA FLOOD STUDY AND FLOOD INSURANCE RATE MAPS; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that due to catastrophic floods in 1998 and 2002, there have been millions of dollars of damage, very significant risk of loss of life and injury, individual and family trauma, and millions of dollars of public funds expended to deal with flood emergency situations and cleanups; and WHEREAS, the City Council has determined that these losses and trauma should be minimized; and WHEREAS, the City contracted with the Federal Emergency Management Agency (FEMA) for an updated and more accurate flood study and flood insurance rate maps; and WHEREAS, FEMA has provided the city an up to date flood study and the most accurate and up to date delineation of flood hazard areas and flood heights; and WHEREAS; according to federal regulation the City Council must adopt these maps if flood insurance is to remain available in New Braunfels; and WHEREAS; FEMA has made the flood study and maps effective November 2, 2007 for the portions of the City within Guadalupe County on November 2, 2007 and for portions of the City within Carnal County on September 2, 2009; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1. THAT, Chapter 58, Floods, of the Code of Ordinances City of New Braunfels, Texas is amended as follows: a. Section 58-27 (b) is deleted. b. A new section 58-27 (b) is added which section reads as follows: (b) The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Guadalupe County and Incorporated Areas," Flood Insurance Study Number 48187CV001A, with the accompanying flood insurance rate maps (FIRM}, map revised date November 2, 2007 and any revisions thereto; and "The Flood Insurance Study for Carnal County and Incorporated Areas," Flood Insurance Study Number 48091CV001A, with the accompanying flood insurance rate maps (FIRM), map revised date Page 1 42 September 2, 2009 and any revisions thereto; are hereby adopted by reference and declared to be part of this article. SECTION 2. THAT, it is herby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases to this ordinance are severable and, if any phrase, clause, sentence, paragraph or sections of this ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION3. THAT, all ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION4. THAT, in accordance with the provisions of section 3.10 of Article Ill of the City Charter and State law, this ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that proper notice was given as required by law or the charter; and this ordinance may be read and published by descriptive caption only. SECTION 5. THAT, this ordinance shall become effective on September 2, 2009. ADOPTED AND APPROVED: First Reading this the 2?'h day of July 2009. ADOPTED AND APPROVED: Second and Final Reading this the 10 1h day of August 2009. CITY OF NEW BRAUNFELS, TEXAS By: ______-==------R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney U:\Pianning\Ordinances\flood ord 2009 Coma! County FIRMS.doc Page2 43 ORDINANCE NO. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY AMENDING SECTION 126-354 TO MODIFY THE PERMIT PARKING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT, ADDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Staff has recommended the modification of specific parking regulations be implemented to manage parking within certain areas; and WHEREAS, the City Council of the City of New Braunfels has determined that the modification of specific parking regulations will be beneficial to the City of New Braunfels and should be modified as recommended by staff. 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 Section 126-354 is hereby amended by modifying subsections (c) (10) g. and h., which said subsections read as follows: Sec. 126-354. PARKING BY PERMIT ONLY (c)(10) Area I, between the hours of 8:00 a.m. and 8:00p.m. from May 1st through September 30th. g. On the southeast side of S. Market Ave. from 286 S. Market Ave. to 364 S. Market Ave. h. On both sides of Napoleon St. between 286 Napoleon St. and 286 S. Market Ave. SECTION2 THAT, all other ordinances or parts of ordinances in conflict herewith are repealed to the extent that they are in conflict. SECTION3 THAT, all provisions hereof are hereby declared to be severable and if any provision hereof is declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which will be and remain in full force and effect. SECTION4 THAT, this ordinance shall become adopted and effective ten (10) days after the date of publication in a newspaper pursuant the Charter of the City of New Braunfels. PASSED AND APPROVED: First reading this the 2ih day of July, 2009. PASSED AND APPROVED: Second and final reading this the 101h day of August, 2009. Page 1 of 2 44 CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Parking\Napoleon and S Market Ave.ord.doc Page 2 of 2 ~,Cityof ~-..New Braunfels City Council Agenda Item Report August10,2009 Agenda Item No. 3-F Presenter/Contact- Jim Klein P.E., City Engineer (830) 221-4020- [email protected] SuBJECT: Approval to authorize the City Manager to enter into a contract modification with Carter-Burgess regarding the Phase 3-05 Street Reconstruction Project (Gruene Road from Post Road to Business 35 and a segment of Glenbrook Drive). BACKGROUND/RATIONALE: On September 26, 2005, the City Council approved the continued use of the Carter-Burgess consulting engineering firm based on their August 13, 2003 contract for Design Services related to the Phase 1-05, Phase 2-05 and Phase 3- 05 Street Reconstruction Projects. The scope included consultant services for Phase 1-05, Phase 2-05 and the commencement of Phase 3-05 design. Full funding for the completion of the design phase of Phase 3-05 Tier 1 projects including: Gruene Road from Loop 337 to Torrey Street, Torrey Street from Union Avenue to Elizabeth Avenue, Belmont Drive from Brockton to cul-de sac, and Belmead Drive from Bellaire to Briarbend was authorized by City Council on January 14, 2008 and construction of this project was completed in July, 2009. Gruen,e Road from Post Road to Bus 35 and a segment of Glenbrook Drive were originally included in the Phase 3-05 project and plans were completed to approximately 50% before it was determined that funding may not be available to construct the entire project. This authorization of a change in professional services would allow Carter-Burgess to complete the design of this project. Carter-Burgess had indicated they can complete the design in 3 months. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priorities: Implement ongoing program of X Yes I City Plan/Council Priority: I infrastructure construction and maintenance FISCAL IMPACT: The additional cost for these professional services is $104,379.00 as detailed in the attached scope of work and fee proposal. Funds for this are available in the 2008 Certificates of Obligations. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in the professional services contract with Carter-Burgess regarding the Phase 3-05 Street Reconstruction Project. Page 1 of 1 46 (J N~~ Braunfels City Council Agenda Item Report .... ~ ""' August 10, 2009 Agenda Item No. ~G Presenter/Contact- Deborah Korinchock, Support Services Director (830) 221-4385 - [email protected] SUBJECT: APPROVAL OF THE CITY OF NEW BRAUNFELS FY 2008-09 THIRD QUARTER INVESTMENT REPORT AND APPROVAL OF THE CURRENT INVESTMENT POLICY FOR THE CITY OF NEW BRAUNFELS INCLUDING THE BROKER/DEALER LIST 8ACKGROUND/RA TIONALE: State of Texas statutes require quarterly investment reports to be presented to the governing body of a municipality. Attached for Council consideration is the FY 2008-09 third quarter investment report to meet these statutory requirements. As of June 20, 2009, the end of the City of New Braunfels third quarter for FY 2008-09, the City had $68,971,699 (market value) invested in different investment instruments as shown below. This represents a decrease of $3,346,944 or 4.6 percent from the end of the prior quarter. This decrease results mainly from the spend down of property tax payments that are received in the second quarter of the City's fiscal year as well as expenditures for capital improvement projects. Amount Invested (Dollars in millions) Investment Type: Money Market $0 Pools $42.49 Agency Notes and Agency Discount Notes $26.48 Weighted Average Maturity of Portfolio 153 days Weighted Average Yield for Portfolio .566% Average Yield 90 Treasury Bill for same period .17% Average Yield 180 day Treasury Bill for same period .32% For this quarter, the weighted average yield on the City's investments is .566 percent, which is below the last quarter's earnings of 1.42 percent. The current market and economic conditions have continued to negatively impact interest rates. However, the City's overall yield is still above the 90 and 180 day Treasury Bills for the same period. The weighted average maturity of the City's portfolio has increased from 75 days last quarter to 153 days due to an investment in agency coupon securities that is for two years. As shown above, the City is maintaining most of our investment portfolio in investment pools and out of securities, waiting for rates to begin to climb once again. Pools are completely liquid allowing the City to move funds immediately once higher rates become available. Page l of2 Also included in this agenda item is approval of the City's amended investment policy and the broker/dealer list. State of Texas statutes require cities to have investment policies and to review and approve those policies annually. Attached for Council consideration is the proposed Investment Policy to meet these statutory requirements. The City last amended its policy ir August 2008. The current policy meets all the statutory requirements for a city's policy. It also meets the guidelines for submission to the Government Treasury Officers Association. They manage a program that recognizes outstanding investment policies. Staff will submit the policy for this organization's review. Several changes are proposed to the City's investment policy to react to legislative changes and the current market conditions. The policy changes the percent of investments that can be put into certificates of deposit to 50 percent. It was at 20 percent. This simply provides the City greater flexibility in investing to try and maximize interest earnings in this current weak market. Other changes relate to handling collateral. The State legislature authorized pooled collateral for the first time (meaning banks can pledge collateral against the pool rather than individual investments). They are still required to maintain 102 percent of the total pool as collateral. The City's policy is proposed to be changed to allow participation in pooled collateral programs with Council approval. Also, section 10.7 is strengthened to require the City to get reports directly on collateral; some banks are trying to stop this direct reporting to save money. Also included in the policy is a list of the broker/dealers that the City is authorized to use for investments. The Council must adopt this list as part of the statutory requirements. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Effective Management - Maintain fiscal stability Yes City Plan/Council Priority: of City operations FISCAL IMPACT: None BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the FY 2008-09 third quarter (through June 20, 2009) Investment Report and approval of the attached Investment Policy for the City of New Braunfels and the current broker/dealer list. Paoe 2 of2 49 Quarterly Investment Report Certification This report fairly represents the investment standing ofthe City ofNew Braunfels as of June 30, 2009 and the investment activity for the period April!, 2009 through June 30, 2009. I believe the data presented for the quarter ending June 30, 2009 is accurate in all material respects, and is presented in a manner that fairly sets forth the investment standing of the City of New Braunfels. I further believe that all data necessary to represent the activity for the quarter is included in this report. This report was prepared in compliance with the State of Texas "Public Funds Investment Act" and the City ofNew Braunfels Investment Policy. ' ~~h~}~/ Finance Manager City of New Braunfels Date ~-,City of ~~New Braunfels "' ...... ___---~ ~; ~ 1 i 1 ~ i 3• J i ~ Quarterly Investment Report ~~ ~ ~ Ending june 30, 2009 1 ij ~ ~ ~ l ~ ~ ~ 1 J 1 PATTERSON & ASSOCIATES j w 1 ~ ~ j ~1 _ -~--~;;,;~:.:::..-~--;;.:~~-----•-:.....~.;..· ..... _• ..: •·.•. ~::..- ,~ -~· .. o.:.., ...... :. .. :. -~.-..: .1 .:•• - •. : ...... ,..... -:...~· •. :.: :~.;.... -- :.__ ·: .. -:.~.. --~~.:.;:..:..d ..;.);...... · - .. ..:· ~....:-~-" :_;· ...... £L ...... i.l.:...£1!1&".t:Ji.__ ;...... :::.:.!!.35-- ...:...J... ~: ...... ,..,:.;..l .... ri. ••-!1~":- ·-"--t-..i.~..::•• t:t~ .... !Sii-41L-;..~... .d&~.o:.:d£&!.: ...... :~.,Lo.:: .,:..,-,(JSih!LJ... :l.~.. - ·ZL!!..:d'&.·Aw.::z&.§E ...~-~ 51 ~ } >-. ~· E l. 0 c 0 u w ·-c: Ul ...... c: Q) ~ ~ :J u I Vl Vl 0 u~ Much Depends on the Consumer fiMUHt .'ii., Cmi~UIII[!;I sw~l~tll!!Jl,: rto::<~! 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I''Kfter.;tt.nf: h.H·... otnft to t~lltl o.r :-.:t.~y ttu1 r~:2)r~ ~ [;"~ ~.?;! ~:~ ~ ;;am" il'l diu: N£:~ t )'1:.ar. t!li!O-.Iun {Hi ~ ~ i!n buyi.rfq ::::1~·1cl er1d ':·1.) .-- - ...... i Oil~V. ~.; ~') ::.!1 .=• .-. ~5 ;;, JQ .J.I• ,·, -~·, ,.., . Y; • .d.• r,·, ~:·· A.:l ~.f, ~.i': .,,. ~.~ ••j 'l•:, !l~ f.~) 11:. 11:1 nt. fm Nutc-: •:.fladc-.:1 1a:::~1uns ct~nvtre 1ec~sslun-:.. ·:.vu1c~: 1.111 l··:t-1-stt·:; or MH:I•I.~·..:u1 53 rtJ \,;; :,.._ ('\ Q) ~:=- ,,_ · .. -~ ~~ c "'-' ;~ ,·:: '.,~~ ;_ ~ ...... r-. 11'· ..... > ~r-,.. <:t 0 M )5' -lli -- , ...... ,,t ~p _c; :7.J ~~ (~ ~ }'.. ._ ...... ~- ~.: ' ~:: :.:~~ . _,, _.c ··'t ~-:.,~ -~ ·~ ..r:::s I\ ·-'- \ ::J \~ 0 I\ \ Q) • > \ 0 \ :E ~ L- ' 0 ~ •....-, I ro I "._!,, ;: f ;~ ·.... : ·...... ~- > :E ,_.~ ..... <( City of New Braunfels, Texas Operating Fund Quarterly Investment Report March 31, 2009 - June 30, 2009 Portfolio Summary Management Report This quarterly report is in compliance with the investment policy and strategy as established by the City and the Public Funds Investment Act (Chapter 2256, Texas Government Code). Portfolio as of March 31, 2009 Portfolio as of June 30, 2009 Beginning Purchase Principal $ 72,311,900 Ending Purchase Principal $ 68,939,988 Beginning Book Value $ 72,311,900 Ending Book Value $ 68,955,277 Beginning Market Value $ 72,318,643 Ending Market Value $ 68,971,699 Unrealized Gain/Loss $ 6,743 Unrealized Gain/Loss $ 16,422 Change in Unrealized Gain/Loss $ 9,679 1 1 (J"l WAM at Beginning Period Date 75 days WAM at Ending Period Date 153 days 7..S I ~ Change in Market Value2 $ {3,346,944) Average Yield to Maturity for period 0.566% I I .__;d.. Average Yield 90-day Treasury Bill for period 0.170% Average Yield 180-day Treasury Bill for period 0.320% Prepared by: City of New Braunfels Deborah A. Korinchock, CFO 1 W AM represents weighted average maturity. 2 Change in Market Value is required data, but will primarily reflect the receipt and expenditure of the City's funds from quarter to quarter. .. · c·ityof Your Portfolio ~.:·.--'J" :New Braunfels " ·-~-=-4 : ;;r As of June 30, 2009 !~ r:c[~c/\ ct·Jr~·~·~i·Hr1HV rc;v~(:vvc; VfJUr pc1rtft)~~(·r. f'()r t)f ::dioc;ai:JCH1 ~ f.)ut' ii_:cnnn;Vn!t:l 1 1 f'):.\~ ! \l:lrl:~-:!; i';fl\ 1\ j ( ii' n ';( j.'y;, ,:i:l :};~li~;,;[':i:.d #'~ L:i.1f 1 un~ ..(.: ~, Jl rj· [/::~ (_ i· J nit}. ~ --L~tn ·-.!.! 0~) ['·::·:~ "1~ "1~ (} (; t Oi J. :_\.~ l~ () 1 ~-j :.; q ' {:) •'l "' ;;.<> <5-I' //Of/ t::/ i.· : vi r rtiH :n c. 1~;-u~;:-' ' ~:1 t:.·:: t ,·;}£tjiJO! ':;~ /iJ,~ri:~_:_:)·l ...... III!: II .!II DIll Ill A .II B D Ia I .A "I II! a Patterson & Associates ~~:>~•-· City of New Braunfels, Texas 301 Congress Ave ,;~~ Portfolio Management Suite 570 Pc Austin, TX, 78701 Portfolio Summary June 30, 2009 Par Market Book %of Days to YTM Investments Value Value Value Portfolio Term Maturity 365 Equiv. Federal Agency Coupon Securities 16,500,000.00 16,500,000.00 16,500,000.00 23.93 548 525 0.710 Federal Agency Disc. -Amortizing 10,000,000.00 9,983,000.00 9,966,577.78 '14.45 274 188 0.660 TexPool 35,145,151.99 35,145,151.99 35,145,151.99 50.97 0.394 TexSTAR 389,109.24 389,109.24 389,109.24 0.56 0.369 MBIA Class 6,954,438.02 6,954,438.02 6,954,438.02 ---10.09 0.400 68,988,699.25 68,971,699.25 68,955,277.03 100.00% 171 153 0.508 Investments --·----···-----·------? _,,. Total Earning~------June 30 Month Ending Fiscal Year To Date Current Year 27,008.55 833,792.18 Average Daily Balance 81,588,115.46 71,093,997.67 U1en The following reports are submitted in accordance with the Public Funds Investment Act (Texas Gov't Code 2256). The reports also offer supplemental information not required by the Act in order to fully inform the governing body of the City of New Braunfels, Texas of the position and activity within the City's portfolio of investments. The reports include a management summary overview, a detailed inventory report for the end of the period, a transaction report, as well as graphic representations of the portfolio to provide full disclosure to the governing body. Debi Korinchock, Chief Financial Officer Reporting period 06/01/2009-06/30/2009 Portfolio NB AP Run Date: 07/20/2009- 15:39 PM (PRF_PM1) 7.1:1 R,:.•v'lrt Ver. 7. 1.4 PAJTEUDI. .JiDCIATEii Patterson & Associates . City of New Braunfels, Texas 301 Congress Ave . Summary by Type Suite 570 A Austin, TX, 78701 June 30, 2009 Grouped by Fund Number of Par Ofo of Average Average Days Securi~ T~ee Investments Value Book Value Portfolio YTM365 to Maturity Fund: Certs Fund #304 MBIACiass 1 6,954,436.02 6 '954 ,438. 02 10.09 0.400 TexPool ---1 1,000,561.40 1,000,561.40 ---1.45 0.394 Subtotal 2 7,954,999.42 7,954,999.42 11.54 0.399 Fund: Certs Fund #307 Federal Agency Coupon Securities 1 2,000,000.00 2,000,000.00 2.90 0.974 525 TexPool 1 6,450,711.75 6,450,711.75 9.35 0.394 ------Subtotal 2 8,450,711.75 8,450,711.75 12.25 0.531 125 Fund: Certs Fund #308 Federal Agency Coupon Securities 1 2,000,000.00 2,000,000.00 2.90 0.974 525 ------Subtotal' 1 2,000,000.00 2,000,000.00 2.90 0.974 525 C.J1 ...J Fund: Civic Center #325 TexPool 1 111,119.52 111,119.52 0.16 0.394 ------Subtotal 1 111,119.52 111,119.52 0.16 0.394 Fund: General Fund Federal Agency Disc. -Amortizing 1 10,000,000.00 9,966,577.78 14.45 0.660 188 Federal Agency Coupon Securities 1 12,500,000.00 12,500,000.00 18.13 0.625 525 JPMorgan Chase Money Market 1 0.00 0.00 0.00 0.000 0 TexPool 1 27,582,759.32 27,582,759.32 40.00 0.394 TexSTAR 1 389,109.24 389,109.24 0.56 0.369 ------Subtotal 5 50,471,868.56 50,438,446.34 73.14 0.504 168 Total and Average 11 68,988,699.25 68,955,277.03 100.00 0.508 153 Portfolio NB AP Run Date: 07/20/2009- 15:40 ST (PRF_ST) 7.1.1 Report Ver. 7.1.4 PAJfEIUDIII II .li.!iiDCIATEii Patterson & Associates ·. City of New Braunfels, Texas 301 Congress Ave Suite 570 Fund CERTS - Certs Fund #304 Austin, TX, 78701 A Investments by Fund June 30, 2009 Purchase Current YTM YTM Maturity Days To CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity TexPooi 999999994 8001 TexPool 10/01/2006 1,000,561.40 1,000,561.40 1,000,561.40 0.394 ------0.388 0.393 Subtotal and Average 1,000,561.40 1,000,561.40 1,000,561.40 0.389 0.394 ------·-····- ·------·-- MBIACiass 999999995 8002 MBIACiass 10/01/2006 6,954,438.02 6,954,438.02 6,954,438.02 0.400 ------0.394 0.400 Subtotal and Average 6,954,438.02 6,954,438.02 6,954,438.02 0.395 0.400 Total Investments and Average 7,954,999.42 7,954,999.42 7,954,999.42 0.394 0.399 (.)1 co Portfolio NB AP Run Date: 0712012009- 15:40 Fl (PRF _FI) 7.1.1 Report Ver. 7. 1.4 Fund CERTS307 - Certs Fund #307 Investments by Fund Page2 June 30, 2009 Purchase Current YTM YTM Maturity Days To CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Coupon Securities 06/08/2009 2,000,000.00 2,000,000.00 2,000,000.00 3133XTP91 67 FHLB Note 0.625 ------0.960 0.974 12/08/2010 ---525 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 0.961 0.974 --- 525 TexPool 999999994 8006 TexPool 04/02/2008 6,450,711.75 6,450,711.75 6,450,711. 75 0.394 ------0.388 0.393 Subtotal and Average 6,450,711.75 6,450,711.75 6,450,711.75 0.389 0.394 Total Investments and Average 8,450,711.75 8,450,711.75 8,450,711.75 0.524 0.531 125 (.J1 lO Portfolio NB AP Run Date: 07/20/2009- 15:40 Fl (PRF _FI) 7.1.1 Report Ver. 7. 1.4 Fund CERTS308 - Certs Fund #308 Investments by Fund Page3 June 30, 2009 Purchase Current YTM YTM Maturity Days To CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Coupon Securities 3133XTP91 68 FHLB Note 06/08/2009 2,000,000.00 2,000,000.00 2,000,000.00 0.625 ------0.960 0.974 12/08/2010 ---525 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 0.961 0.974 525 Total Investments and Average 2,000,000.00 2,000,000.00 2,000,000.00 0.961 0.974 525 0"1 (S) Portfolio NB AP Run Date: 0712012009- 15:40 Fl (PRF_FI) 7.1.1 Report Ver. 7. 1.4 Fund CIVIC - Civic Center #325 Investments by Fund Page4 June 30, 2009 Purchase Current YTM YTM Maturity Days To CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity TexPool 999999994 8005 TexPool 03/29/2007 111,119.52 111,119.52 111,119.52 0.394 ------0.388 0.393 Subtotal and Average 111,119.52 111,119.52 111,119.52 0.389 0.394 Total Investments and Average 111,119.52 111,119.52 111,119.52 0.389 0.394 en I-" Portfolio NB AP Run Date: 07/20/2009- 15:40 Fl (PRF_FI) 7.1.1 Report Ver. 7.1.4 Fund GENERAL - General Fund Investments by Fund PageS June 30, 2009 Purchase Current YTM YTM Maturity Days To CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Coupon Securities 3133XTP91 66 FHLB Note 06/08/2009 12,500,000.00 12,500,000.00 12,500,000.00 0.625 ------0.616 0.625 12/08/2010 ---525 Subtotal and Average 12,500,000.00 12,500,000.00 12,500,000.00 0.616 0.625 525 Federal Agency Disc. -Amortizing 313385RK4 65 FHLB DN 04/06/2009 9,966,577.78 10,000,000.00 9,983,000.00 ------0.651 0.660 01/05/2010 ---188 Subtotal and Average 9,966,577.78 10,000,000.00 9,983,000.00 0.651 0.660 188 TexPool 999999994 8000 TexPool 10/01/2006 27,582,759.32 27,582,759.32 27,582,759.32 0.394 ------0.388 0.393 Subtotal and Average 27,582,759.32 27,582,759.32 27,582,759.32 0.389 0.394 TexSTAR 999999996 8003 TexSTAR 10/01/2006 389,109.24 389,109.24 389,109.24 0.369 ------0.364 0.369 Subtotal and Average 389,109.24 389,109.24 389,109.24 CJ'l 0.364 0.369 1 i'J JPMorgan Chase Money Market 999999998 8004 JP Morgan Chase MM 10/01/2006 0.00 0.00 0.00 ------Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Total Investments and Average 50,438,446.34 50,471,868.55 50,454,868.56 0.497 0.504 167 Portfolio NB AP Run Date: 07/20/2009- 15:40 Fl (PRF_FI) 7.1.1 Report Ver. 7. 1.4 63 f'- _, City of ~~New Braunfels ...... ? INVESTMENT POLICY 1.0 POLICY rt is the policy of the City of New Braunfels to invest public funds in a manner which will provide the highest reasonable investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. The Policy complies with and incorporates the Public Funds Investment Act, (the "Act"), Chapter 2256, Texas Government Code and the Public Funds Collateral Act, Chapter 2257, Texas Government Code. 2.0 SCOPE This Investment Policy applies to all financial assets of the City of New Braunfels. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: Funds General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Any new funds created by the City will be incorporated under this Policy unless specifically exempted by Council action. 3.0 PRUDENCE The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. The standard states: Investments shall be made with judgment and care - under circumstances then prevailing - which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. In determining whether the investment officers have exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the officer had responsibility rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written investment policy. City of New Braunfels Investment Policy 1 Adopted 8/25/08 64 4.0 OBJECTIVES The primary objectives, in priority order, of the City ofNew Braunfels' investment activities shall be: 4.1 Safety Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. The City shall seek to control the risk ofloss due to the failure of a security issuer or guarantor by investing in high credit quality securities, by qualifying and monitoring financial counter-parties, through adequate collateralization, through diversification, and by establishing maximum maturities and weighted average maturities. 4.2 Liquidity The City of New Braunfels' investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 4.3 Diversification Whenever practical, assets held in the portfolio(s) shall be diversified to minimize the risk of loss resulting from the concentration of assets in a specific maturity, a specific issuer, or a specific market sector. The City's investments shall be reviewed and rebalanced with respect to diversification at least once per calendar quarter. 4.4 Return on Investments The City of New Braunfels' investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City's investment risk constraints and the cash flow characteristics of the portfolio. 5.0 INVESTMENT STRATEGY The City maintains one commingled portfolio for investment purposes which incorporates the specific investment strategy considerations and the unique characteristics of the fund groups represented in the portfolio: A. The investment strategy for operating, enterprise and special revenue funds has as its primary objective assurance that anticipated liabilities are matched and adequate investment liquidity provided. The secondary objective is to create a portfolio structure which will experience minimal volatility. This may be accomplished by purchasing high quality, short- to medium-term maturity securities which will complement each other in a laddered maturity structure permitting some extension for yield enhancement. B. The investment strategy for debt service funds shall have as its primary objective the assurance of available funds adequate to fund the debt service obligations on a timely basis. Successive debt service dates will be fully funded before extension. C. The investment strategy for debt service reserve funds shall have as its primary objective the ability to generate a revenue stream to the debt service funds from high quality securities with a low degree of volatility. Securities should be high credit quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. The potential for loss shall be further controlled through the purchase of securities within the desired maturity range. D. The investment strategy for capital projects or capital project funds will have as its primary objective assurance that anticipated cash flows are matched and provide adequate investment liquidity. The stated final maturity dates of securities held may not exceed the estimated project completion date. City of New Braunfels Investment Policy 2 Adopted 8/25/08 65 The City intends to match investments with the projected cash flows and liquidity needs of the City. In no case will the dollar-weighted average maturity of the portfolio exceed six (6) months. The maximum final stated maturity of any investment shall not exceed two years. The City shall pursue an active versus a passive portfolio management strategy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. 6.0 DELEGATION OF AUTHORITY AND RESPONSIBILITIES Management responsibility for the investment program has been delegated by City Council primarily to the City Manager and the Chief Financial Officer, who are designated by resolution as investment officers. A registered investment adviser may also be designated as a City Council appointed Investment Officer. This authority is derived from the Act. The Investment Officers shall establish written procedures for the operation of the investment program consistent with this Investment Policy. Procedures should include safekeeping controls, documentation, internal controls, repurchase agreements, wire transfers, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Chief Financial Officer. The Chief Financial Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Each Investment Officer shall attend 10 hours of training in the responsibilities of the position within twelve months of assuming those duties and within every succeeding two-year period as required by the Act. The Chief Financial Officer shall establish an annual process of independent review by an external auditor for compliance with policies and procedures. 7.0 ETHICS AND CONFLICT OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interests in financial institutions that conduct business within their jurisdiction, and they shall further disclose any personal financiaVinvestment relationships that could impact the performance of the City of New Braunfels' investment portfolio. If an Investment Officer has a personal relationship as defmed in the Act with a business organization engaging in investment transactions with the City, the Investment Officer must disclose the relationship and file a disclosure with the City Secretary and the Texas Ethics Commission. 8.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Investment Officer(s) or adviser will maintain a list of Council authorized broker/dealers, fmancial institutions, money market mutual funds and local government investment pools offering to engage in an investment transaction with the City. An annual review of the services provided, financial condition and registrations of these firms will be conducted by the Chief Financial Officer and a list of firms submitted to Council for approval at least once a year. [2256.005] Broker/dealers may include "primary" dealers as defined by the New York Federal Reserve or regional dealers. Financial institutions shall be qualified public depositories as designated by state law. City of New Braunfels Investment Policy 3 Adopted 8/25/08 66 All firms desiring to transact investment transactions with the City must complete the City's internal questionnaire and execute a Policy Certification (Appendix A) before any transaction. A current audited financial statement is required to be on file for each firm. Should the City contract with an external investment advisor to execute the City's investment strategy, including the negotiation and execution of investment transactions, a managing officer of the investment advisory firm shall sign the written certification, which shall be included as part of the investment advisory contract. 9.0 AUTHORIZED INVESTMENTS Authorized investments shall be limited to the following, as further defined by the Act: 9.1 Obligations of the United States or its agencies and instrumentalities excluding mortgage backed securities; 9.2 Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; 9.3 Fully insured or collateralized certificates of deposit issued by banks doing business in Texas that are guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or, secured by obligations as described by the Policy; 9.4 Fully collateralized repurchase agreements having a defined termination date, placed through a primary government securities dealer or a bank doing business in Texas, and secured in accordance with this Policy, purchased under a master repurchase agreement which specifies the rights and obligations of both parties and requires that the securities involved in the transaction be held in a safekeeping account subject to the control of the City with a stated final maturity of one year, except flex repurchase agreements used for bond funds which may extend to match the expenditure plan of the bond proceeds. 9.5 AAA rated Security and Exchange Commission registered money market mutual funds with a dollar-weighted average portfolio maturity of 90 days or fewer whose investment objectives include seeking to maintain a stable net asset value of $1 per share. 9.6 Constant-dollar, AAA-rated Texas local government investment pools as defmed by the Act. 9. 7 Collateralized or insured demand deposit accounts in approved depositories approved by City Council under an executed depository agreement. Competitive Bidding Requirement All investment transactions will be made on a competitive bid/offer basis. It is the policy of the City to require competitive bidding for all individual security purchases except for those transactions with money market mutual funds and local government investment pools which are deemed to be made at prevailing market rates. At least three bids/offers must be obtained. Bids may be solicited in any manner provided by law. For those situations where it may be impractical or unreasonable to receive three bids for a transaction due to a rapidly changing market environment or to secondary market availability, documentation of a competitive market survey of comparable securities or an explanation of the specific circumstance must be included with the bid document. All bids received must be documented and filed for auditing purposes. City of New Braunfels Investment Policy 4 Adopted 8/25/08 67 Delivery versus Payment Transactions must be settled on a delivery versus payment (DVP) basis to a City approved depository except for transactions involving mutual funds or investment pool funds. This assures City control of all its funds and assets. No securities shall be held by transaction counter-party. Change of Authorization or Rating The City will not be required to liquidate investments that were authorized investments at the time of purchase. 10.0 COLLATERALIZATION 10.1 Pledged Collateral The City of New Braunfels requires all time and demand deposits to be insured or collateralized at 102%. City depositories will be required to execute tri-party depository agreements to include safekeeping agents. If the Federal Reserve acts as custodian, the Pledge Agreement of Circular 7 will be executed in lieu of the tri-party FRB signature. The agreement shall define the City's rights to collateral and shall establish a perfected security interest in compliance with federal and state regulations, including: A. The agreement shall be in writing; B. The agreement shall be executed by the Depository and the City contemporaneously with the acquisition of the asset; C. The agreement will include no listing of pledged collateral. D. The agreement must be approved by the Board of Directors or the Loan Committee of the Depository and a copy of the meeting minutes must be delivered to the City. If the City's depository offers a collateral pooling program as defined by State Law (Local Government Code 2257) the investment officers will evaluate the program for cost efficiencies and risk before participation. Participation in a collateral pool will require Council approval. 10.2 Owned Repurchase Agreement Collateral Each counter party to a repurchase transaction is required to execute the Securities Industry and Financial Markets Association (SIFMA) Master Repurchase Agreement. An executed copy of this Agreement must be on file before any transaction is initiated. Collateral will be evidenced by safekeeping receipts clearly denoting City ownership from the safekeeping agent. l 0.3 Authorized Collateral A. Time and Demand Deposits Eligible securities for collateralization of time and demand deposits are: - Obligations of the US Government, its agencies and instrumentalities including mortgage backed securities which pass the bank test, - Obligations of states, agencies, counties, cities, and other political subdivisions of any State having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent. Eligible collateral does not include surety bonds or letters of credit. B. Repurchase Agreements Securities bought and sold as part of a repurchase agreement are limited to: - U.S. Government, Agencies and Instrumentalities obligations including mortgage backed securities City of New Braunfels Investment Policy 5 Adopted 8/25/08 68 The eligibility of specific issues may at times be restricted or prohibited by the City because of current market conditions. 10.4 Collateral Substitution or Reduction The right of collateral substitution or reduction is to be granted on an individual issue basis. Any depository institution requesting substitution· or reduction must contact the Chief Financial Officer for approval and settlement. The value will be calculated and substitution/reduction approved if its resulting value is equal to or greater than the required value (see item 10.3 ofthis policy). 10.5 Collateral Levels for Certain Investments A. Time and Demand Deposits The market value of the principal portion of collateral pledged for time and demand deposits must at all times be equal to or greater than 102% of the total value of the time and demand deposits less the applicable level of FDIC insurance. The Depository shall be liable for monitoring and maintaining the collateral and collateral margins at all times. B. Repurchase Agreements A repurchase agreement's total book value equals the par value plus accrued interest. The collateral for the repurchase must be maintained at 102% of the total book value of the repurchase at all times. 10.6 Safekeeping of Collateral A. Time and Demand Deposits The market value of the principal portion of collateral pledged for time and demand deposits must at all times be equal to or greater than I 02% of the total value of the time and demand deposits less the applicable level of FDIC insurance. The Depository shall be liable for monitoring and maintaining the collateral and collateral margins at all times. The custodian shall be an independent institution outside the holding company of the pledging bank. B. Repurchase Agreements The custodian shall be an independent institution. 10.7 Monitoring Collateral Adequacy for Certain Investments Monthly reports of the pledged securities with the full descriptions and market values are required to be sent directly to the City from the custodian for all time and demand deposits. The Investment Officers will review the adequacy of the collateral . The financial institutions will be contractually liable for the daily monitoring and maintaining the required collateralization levels. For repurchase agreements, either the counter party or custodian will be held contractually liable for monitoring and maintaining required collateral levels on a daily basis. The Investment Officers will monitor the adequacy of all collateral underlying repurchase agreements on at least a weekly basis. 10.8 Margin Calls If any collateral falls below l 02% the deposit plus accrued interest less FDIC insurance, if applicable, the counterparty will be notified by the Investment Officers and required to pledge additional securities no later than the end of the next business day. 11.0 DELIVERY VERSUS PAYMENT City of New Braunfels Investment Policy 6 Adopted 8/25/08 69 All security transactions, including collateral for repurchase agreements, shall be conducted on a delivery versus-payment (DVP) basis. Securities shall be held by a third party custodian approved by the Chief Financial Officer and evidenced by original safekeeping receipts. 12.0 DIVERSIFICATION The City of New Braunfels shall diversify its portfolio by security type and institution. The City will diversify to reduce reliance on any one issuer or financial institution Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Type % of Portfolio U.S. Treasury Notes/Bonds/Bills 90% U.S. Government Agencies 80% Certificates of Deposit 50% Limit per financial institution 10% Repurchase Agreements 20% Flex repurchase agreements by bond issue 100% Money Market Mutual Funds 25% Local Government Investment Pools 100% 13.0 MAXIMUM MATURITIES To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not invest in securities maturing more than two (2) years from the date of purchase. 14.0 PERFORMANCE STANDARDS The investment portfolio shall be designed with the objective of obtaining a reasonable yield throughout budgetary and economic cycles, commensurate with the investment risk constraint and the cash flow requirements. The benchmark established for the portfolio in keeping with the cash flow requirements of the City shall be the six month U.S. Treasury Bill. 15.0 REPORTING The Investment Officers shall provide a report on investment activity and returns to the City Council in the quarterly financial report. Investment perfonnance will be monitored and evaluated by the Investment Officers on a monthly basis. This investment report shall be signed and in compliance with the Act and include, at a minimum: l) detail on each investment position of the portfolio, 2) the beginning and ending amortized book and market value, 3) the change to market value during the period for each portfolio, 4) the beginning and ending amortized book and market value for each investment security by asset type and fund type, 5) the final stated maturity date of each investment security, 6) the dollar weighted average maturity of the portfolio and its comparison to an accepted benchmark, and 7) a statement of compliance of the investment portfolio with the Authority's Investment Policy and Strategy and the Act. Prices used for the calculation of market values will be obtained from independent sources. 16.0 INVESTMENT POLICY ADOPTION The Investment Policy shall be adopted by resolution of the City Council on no less than an annual basis. Any changes to the Policy shall be reflected in the approving resolution of Council. City of New Brauntels Investment Policy 7 Adopted 8/25/08 70 APPENDIX A: CITY OF NEW BRAUNFLES INVESTMENT POLICY CERTIFICATION Firm:-----,------ Account Representative:------Date of Completion: ______ This certification is executed on behalf of the City of New Braunfels (the "City") and the "Firm" pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code in relation to investment transactions conducted between the City and the Firm. As the authorized representative of the Firm I hereby acknowledge that I have received and reviewed the attached Investment Policy of the City ofNew Braunfels. I hereby further acknowledge that the Firm has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the Firm not authorized by the Investment Policy, except to the extent that this authorization is dependent on analysis of the makeup ofthe City's entire portfolio or requires an interpretation of subjective investment standards. Firm Name: ------Address ------ Representative's Telephone '----.L.------~--- Representative's FAX Representative's Email: Signature ______ Printed Name ------ City of New Braunfels Investment Policy 8 Adopted 8/25/08 71 APPENDIX B: AUTHORIZED BROKER/DEALERS AND COUNTERPARTIES In accordance with the Texas Public Funds Investment Act, 2256.025 Selection of Authorized Brokers, The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. The authorized list of counterparties is: Bank of America Securities Citigroup JPMorgan Chase Securities Merrill Lynch Securities Mizuho Securities Morgan Keegan Capital Markets Multi-Bank Securities Texpool Local Government Pool TexStar Local Government Pool MBIA Class Local Government Pool JPMorgan Chase Money Market Mutual Fund - Government and Agency City of New Braunfels Investment Policy 9 Adopted 8/25/08 72 APPENDIXC: GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BID: The price offered by a buyer ofsecurities. (When you are selling securities, you ask for a bid). See Offer. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CO's are typically negotiable. COLLATERAL:Securities,evidenceofdepositorotherpropertywhichaborrowerpledgestosecurerepaymentofaloan. Also refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of New Braunfels. It includes five (5) combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessaty to demonstrate compliance with finance-related legal and contmctual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rnte of interest that bond issuer promises to pay the bondholder on the bond's fuce value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling from his own accollllt. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two (2) methods of delivery of securities: delivery versus payment and delivezy versus receipt Delivezy versus payment is delivezy ofsecurities with an exchange of money fur the securities. Delivety v~ receipt is delivery ofsecurities with an exchange ofa signed receipt forthe securities. DISCOUNT: The diffurence between the cost price of a security and its maturity when quoted at lower than fuce value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instnunents that are issued at a discotmt and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g. Savings and Loans, small business firms, students, funners, funn cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $100,000 per deposit. City of New Braunfels Investment Policy 10 Adopted 8/25/08 73 FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulated and lend to savings and Joan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA (see below) was chartered Wlder the Federal National Mortgage Association Act in 1938. FNMA is a fix:leral C01p011ltion working under1he auspires ofthe Department of Housing and Utban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's ptn'Chases include a variety of adjustable mortgages and second loans, in addition to fixed-mte mortgages. FNMA's securities are also highly liquid and are widely accepted FNMA assmnes and guarantees that all security holders will receivetimelypaymentofprincipal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): The FOMC consists ofseven members ofthe Federal Reserve Board and fiveofthe twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales ofGovernment Securities in the open rruuket as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United Slates created by Congress and consisting of a seven member Board ofGovemors in Washington D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume ofl:mk credit guaranteed by GNMA and issued by mortgage bankers, cormnercial OOnks, savings and loan associations, and other institutions. The security holder is protected by the full fuith and credit ofthe U.S. Govennnent. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term "pass throughs" is often used to describe Ginnie Mae. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody ofthe State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to reptn'Chase - reverse repurchase agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the Wlderlying securities in the event of default by the seller-borrower. MA TURlTY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: the market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. OFFER: the price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open rruuket by the New YOlk Federal Reserve Bank as diredtrl by the FOMC in order to influence the volume of money and credit in the economy. Purcbl<;es ir!ject resaves into the iE1k S}Sifm and stimulate gro\\oth of money and credit; sales have the op[X)Site effix:t Open market operntions are the Federal Reserve's most imponant and most fleXIble monetmy policy tool PORTFOLIO: Collection of securities held by an investor. City of New Braunfels Investment Policy 11 Adopted 8/25/08 74 PRIMARY DEALER: A gJU.p of govarnmJt lalllilies cram 'IM:x> Sl.bnit dn1y ~of rmkft ~ arrl ~and monthly financial statemen1S to the Federal Reserve Bank ofNew Ymk and are subject to its infonnal oversight Primny dealers include Securities and Exchange Commission (SEC) registered securities troker-OO:Ilers, OOnks, andarewunregulated ftrms. PRUDENT PERSON RULE: An investment standm:d rn some staleS, the law requires that a fiducimy, such as a trustee, may invest money only in a list of securities selected by the custody state - the so-called legal list In other states, the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITDRIES: A financial institution which does not claim exemption fium the reyment ofany sales or compensating use or ad valorem taxes under the laws ofthis state, which has segregated for the benefit ofthe commission eligible col.lareml having a value of not less than its maximum liabili1)' and which has been approved by the Public Deposit Protection Commission to hold public deposits. RA1E OF REIURN: The yield obtainable on a security based on its pmclllse pice oc its current marl REPURCHASE AGREEMENT (RP or REPO): A holder of securities sells these securities to an investor with an agreementtorepurchasethematafixedpiceonafixeddate. Thesecurity"lxzyer'ineflfctlerxlsthe"seHer'moneyfurtheperiodofthe agreement, and the tenns of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank reserves. SAFEKEEPING: A seiVice to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A marl SEC RULE 1503-l: See Uniform Net Capital Rate. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treaswy to finance the national debt Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treaswy securities having initial maturities ofmore than I0 yems. TREASURY NOlES: A non-interest bearing discount security issued by the U.S. TreasuiY to finance the national debt Most bills are issued to mature in three months, six months or one year. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember l:roker-dealers in securities maintain a maximum mtio ofir:tdebredness to IKp.rid capital of 15 to I; also called net capital rule and net capital mtio.li:ldebtedn:e$ cove~S all money owed to a finn, inchK!ing margin loons and commitments to p.ncl1ase sro.nities, one rea9JlJ. new public~ are S(md among rneml:m; ofuncJern.riting ~Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the rurent income yield minus any premium above par oc plus any discount fiom par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. City of New Braunfels Investment Policy 12 Adopted 8/25/08 ,.,Cityof ~-.;New Braunfels City Council Agenda Item Report August 10, 2009 Agenda Item No. 3-H Presenter/Contact- Julie O'Connell, Human Resource Director (830) 221-4395 - [email protected] SUBJECT: Approval to amend the City's current holiday schedule for 2009 to include the designation of September 11 as a holiday for all uniformed employees in the Fire Department, replacing the Carnal County Fair Day holiday for these employees. BACKGROUND/RATIONALE: House Bill 2113, "September 11 Remembrance Day" was enacted by the Texas Legislature to be effective September 1, 2009. This act requires the City to designate one of our current holidays as September 11 (to be effective in 2009). This only applies to uniformed employees in the Fire Department. It does not require an additional holiday. These employees' holiday will be September 11, instead of the Carnal County Fair Holiday. This holiday will be published in the budget for the 2010 calendar year as part of the holiday schedule. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: IN/A ICity Plan/Council Priority: FISCAL IMPACT: There is no fiscal impact since one holiday replaces another one. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the "September 11 Remembrance Day" holiday. Page I of I 76 r-·,Cityof ~~New Braunfels City Council Agenda Item Report August10,2009 Agenda Item No. 3-1 Presenter/Contact- Vicki Brown, Intergovernmental Services Manager (830) 221-4283 - [email protected] SUBJECT: Approval of the second reading of an Ordinance amending chapter 30, Civic and Cultural Facilities and Affairs, by creating a new article IV, New Braunfels Partnership Committee, Sections 30-60 through 30-63, purpose; members, terms appointments; officers; and powers and duties BACKGROUND/RATIONALE: The City Council adopted the first reading of the proposed ordinance at its July 27, 2009 meeting. The City has had an unofficial committee that has devoted itself to improving the relationship between New Braunfels and Braunfels, Germany, and this group of individuals has worked towards coordinating activities and visits by representatives of the two cities. The committee would like to become an official committee of the City and formally participate in the Sister City Program. The Committee would foster and promote cultural, recreational and educational understanding between the City of New Braunfels and Braunfels, Germany, and work with the citizens of New Braunfels, local schools, businesses and civic groups to educate and facilitate participation in programs designed to enhance the partnership between the two cities and any other foreign city approved by the Council for the program. The New Braunfels Partnership Committee would participate in the Texas Sister Cities Program and/or the Sister Cities International Program. The ordinance would create a 15-member committee consisting of citizens of New Braunfels or the extraterritorial jurisdiction (ET J) of New Braunfels serving three-year staggered terms. The Mayor shall nominate individuals to the committee subject to Council approval. The Mayor serves as an ex-officio member of the committee. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: Membership fees for participation in the Texas Sister Cities Program and/or the Sister Cities International Program. Such membership fees have been approved in the City's budget. BOARD/COMMISSION RECOMMENDATION: Legal/Common/Forms/Agenda ltem/2009/Agenda ltem.Ord.Creation of N.B. Partnership Committee.2"d Reading N/A STAFF RECOMMENDATION: Staff recommends approval of the second reading of the ordinance. L ai/Common/Forms/Agenda ltem/2009/Agenda ltem.Ord.Creation of N.B. Partnership Committee.2"d Reading 79 ORDINANCE NO. 2009- ____ AN ORDINANCE OF THE CITY OF NEW BRAUNFELS AMENDING CHAPTER 30, CIVIC AND CULTURAL FACILITIES AND AFFAIRS, BY CREATING A NEW ARTICLE IV, NEW BRAUNFELS PARTNERSHIP COMMITTEE, SECTIONS 30-60 THROUGH 30-63, PURPOSE; MEMBERS, TERMS, APPOINTMENTS; OFFICERS; AND POWERS AND DUTIES; MAKING VARlO US FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the citizens of the City of New Braunfels and the citizens of Braunfels, Germany have had a relationship for over 80 years; and WHEREAS, an informal committee ofNew Braunfels citizens has been formed in order to strengthen the relationship between the two cities; and WHEREAS, the City Council is desirous of formalizing the committee as an official committee of the City and charge it with the responsibility of developing and promoting the relationship between New Braunfels and Braunfels, Germany, as well as any new relationships that may be created between New Braunfels and other cities outside the United States; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1. That the findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are adopted by the City Council and made a part hereof for all purposes. SECTION 2. That Chapter 30 "Civic and Cultural Facilities and Affairs" of the Code of Ordinances for the City of New Braunfels is hereby amended to add a new Article IV. "New Braunfels Partnership Committee," Sections 30-60 through 30-63 which shall read as follows: Chapter 30 CIVIC AND CULTURAL FACILITIES AND AFFAIRS Article IV. New Braunfels Partnership Committee Sec. 30-60. Purpose. There is hereby created the New Braunfels Partnership Committee whose purpose is to create and strengthen partnerships between the City of New Braunfels and its citizens and Braunfels, Germany, and its citizens, and any other city and its citizens outside the United States approved by the City Council as a "sister city" of New Braunfels in an effort to foster and promote cultural, economic, recreational and educational understanding between the Legai/Common/Ordinances/2009/0rd.Creation of N.B. Partnership Committee Page 1 of 3 80 cities and its citizens. The New Braunfels Partnership Committee shall work with the citizens of the community, local schools, businesses, and civic groups to educate and facilitate participation in programs designed to enhance the partnership(s) between the City of New Braunfels and Braunfels, Germany, and any other city approved by the City Council. In order to facilitate such partnerships and understanding, the City may participate, through the New Braunfels Partnership Committee, in the Texas Sister Cities Program and/or the Sister Cities International Program. Sec. 30-61. Members, terms, appointments. The New Braunfels Partnership Committee shall be composed of fifteen (15) citizens residing in the City or the extraterritorial jurisdiction of the City, with staggered three-year terms. The Mayor shall nominate citizens to the Committee and the City Council shall approve said nominations. The nominations and appointments of Committee members shall be on a rotating basis so that five (5) members shall be appointed each year. Vacancies on the Committee shall be filled in a like manner for the unexpired term of the vacant position on the Committee. The Mayor of the City ofNew Braunfels shall be an ex-officio member of the Committee. Sec. 30-62. Officers. The New Braunfels Partnership Committee shall have a chairman, vice-chairman, and secretary and any additional officers approved by the Committee in accordance with its bylaws. Sec. 30-63. Powers and Duties. (a) The Committee shall serve in an advisory capacity to the City Council on matters relating to relationships between the City of New Braunfels; Braunfels, Germany; and any other "sister city" relationship approved by the City Council. The Committee shall advise the City Council on uses and expenditures of any funding that may be available from private and/or public sources that will benefit the partnerships and relationships between the City of New Braunfels and other cities. (b) The Committee may adopt and amend, if necessary, bylaws for the operation and structure of the Committee. (c) The Committee may establish such subcommittees of the Committee that it deems necessary and appropriate for carrying out the purposes for which the Committee has been created. In order to further the goal of expanding community participation in the partnership city program, non-Committee members may be appointed by the Committee as ex-officio members of the subcommittees and the ex-officio members of the subcommittees need not be residents of the City ofNew Braunfels. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or Legai/Common/Ordinances/2009/0rd.Creation of N.B. Partnership Committee Page 2 of 3 81 decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. SECTION 4. 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. This Ordinance will take effect upon the second and final reading m accordance with the provisions of the Charter of the City ofNew Braunfels. PASSED AND APPROVED: First reading this ___ day of July, 2009. PASSED AND APPROVED: Second reading this __ day of August, 2009. CITY OF NEW BRAUNFELS, TEXAS By: ______R. Bruce Boyer, Mayor ATTEST: Michael A. Resendez, City Secretary APPROVED AS TO FORM: Alan C. Wayland, City Attorney Legai/Common/Ordinances/2009/0rd.Creation of N.B. Partnership Committee Page 3 of 3 82 r" ,City of ~-.New Braunfels City Council Agenda Item Report "'- August10,2009 Agenda Item No. 3-J Presenter/Contact- Vicki Brown, Intergovernmental Services Manager (830) 221-4283 - [email protected] SUBJECT: Consider approval of the Mayor's nominations to the New Braunfels Partnership Committee 8ACKGROUND/RATIONALE: The City Council previously approved an ordinance creating the New Braunfels Partnership Committee (the "Committee"). The ordinance creating the Committee provides that the Mayor will nominate citizens to the Committee and the Council shall approve the nominations. The Committee is composed of 15 members. The Mayor nominates the following individuals as Committee members: Helgard Suhr-Hollis Benno Engel Clinton Brandt Herb Skoog Mike Dietert Sebastian Freytag Maurice Fischer Stephanie Koehler Gina Littrell Andreas Lojewski David Hartmann Martha Rehler lan Taylor Frank Witting 1 This is 14 out of the 15 members. The 15 h member will be nominated at a later date. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A Legal/Common/Forms/Agenda ltem/2009/Agenda ltem.Approval of Committee Members.N.B. Partnership Committee 84 ~,Cityof ~~New Braunfels City Council Agenda Item Report - August 10, 2009 Agenda Item No. 3-K Presenter/Contact- Vicki Brown, Intergovernmental Services Manager (830) 221-4283 - [email protected] SUBJECT: Consider approval of a Resolution approving the Bylaws of the New Braunfels Partnership Committee BACKGROUND/RATIONALE: The City Council previously approved an ordinance creating the New Braunfels Partnership Committee (the "Committee"). The Committee is formed to foster and promote cultural, recreational and educational understanding between the City of New Braunfels and Braunfels, Germany and any other cities approved by the Council for a city partnership arrangement. An unofficial committee that has existed for several years has developed a set of bylaws for the Committee and the proposed bylaws require approval of the bylaws or any amendments thereto by the City Council. The resolution approves the proposed bylaws for the New Braunfels Partnership Committee. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the resolution. Legal/Common/Forms/Agenda ltem/2009/Agenda ltem.Ord.Creation of N.B. Partnership Committee.2nd Reading 86 RESOLUTION NO. 2009-R --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING THE BYLAWS OF THE NEW BRAUNFELS PARTNERSHiP COMMITTEE. WHEREAS, the City Council of the City of New Braunfels has adopted an ordinance that creates the New Braunfels Partnership Committee to foster and promote cultural, recreational and educational understanding between the City ofNew Braunfels and Braunfels, Germany and any other cities approved by the Council for a city partnership arrangement; and WHEREAS, an unofficial committee was form several years ago and has devoted itself to improving relationships between New Braunfels and Braunfels, Germany; and WHEREAS, the unofficial committee has developed bylaws for the New Braunfels Partnership Committee and such bylaws state that the Council shall approve the bylaws or any amendments to the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That the proposed bylaws for the New Braunfels Partnership Committee attached hereto as Exhibit "1" and incorporated herein are hereby approved and will become effective upon their adoption by the New Braunfels Partnership Committee. ADOPTED AND APPROVED by the New Braunfels City Council on this the 1oth day of August, 2009. CITY OF NEW BRAUNFELS, TEXAS By: ------R. Bruce Boyer, Mayor ATTEST: Michael A. Resendez, City Secretary Legal/Common/Committees/N.B. Partnership Committee/Resolution.Approving Bylaws. OS! 009 87 BYLAWS OF NEW BRAUNFELS PARTNERSHIP COMMITTEE ARTICLE ONE. NAME AND OFFICE 1.01 The New Braunfels Partnership Committee is an official committee of the City of New Braunfels created by ordinance adopted by the City Council. 1.02 The principal office of the New Braunfels Partnership Committee (the "Committee") shall be located at the New Braunfels City Hall, 424 S. Castell Avenue, New Braunfels, Texas 78130. ARTICLE TWO. PURPOSE 2.01 The purpose of the Committee is to create and strengthen partnerships between the City of New Braunfels and its citizens and Braunfels, Germany, and its citizens, and any other city and its citizens outside the United States approved by the City Council as a "sister city" of New Braunfels in an effort to foster and promote cultural, economic, recreational and educational understanding between the cities and its citizens. 2.02 The Committee shall work with the citizens of the community, local schools, businesses, and civic groups to educate and facilitate participation in programs designed to enhance the partnership(s) between the City of New Braunfels and Braunfels, Germany, and any other city approved by the City Council. 2.03 In order to facilitate such partnerships and understanding, the City may participate, through the Committee, in the Texas Sister Cities Program and/or Sister Cities International Program. ARTICLE III. MEMBERSHIP, TERMS, APPOINTMENTS 3.01 The Committee is composed of fifteen (15) citizens residing within the City or the extraterritorial jurisdiction of the City serving staggered three-year terms. The Mayor shall nominate individuals to the Committee and the City Council shall approve such nominations. The nominations and appointments of Committee members shall be on a rotating basis so that five (5) members shall be appointed each year. When nominating individuals to the Committee, the Mayor shall attempt to assure that Wurstfest, the German American Society, and a representative from the Historic Museums Association are represented on the Committee. 3.02 Vacancies on the Committee shall be filled in a like manner for the unexpired term of the vacant position on the Committee. Legal/Common/Committees/New Braunfels Partnership Committee/Bylaws of Committee 1 88 3.03 The Mayor of the City of New Braunfels shall be an ex-officio member of the Committee. 3.04 A Committee member shall be assumed to have resigned from the Committee if he/she is absent from three (3) consecutive meetings of the Committee and his/her position will be considered vac.ant. This provision can be waived or suspended upon a finding by the Committee that one or more of the absences should be excused. ARTICLE IV. OFFICERS 4.01 The Committee shall have a chairman, vice-chairman, and secretary and any additional officers approved by the Committee. The officers shall serve one-year terms or until their successors are elected and the officers shall be elected at the first meeting of the Committee after creation of the Committee by the City Council. Officers shall be elected annually thereafter based on the election date of the initial officers of the Committee. 4.02 The Chairman shall preside at all meetings of the Committee, shall appoint special or standing subcommittee chairmen and shall have the authority to appoint special committees as deemed necessary by the Committee. The Chairman shall be an ex-officio member of all subcommittees, but shall have no vote at the subcommittee meetings. 4.03 The Vice-Chairman shall assist the Chairman as needed and directed by the Chairman. The Vice-Chairman shall serve as the presiding officer of the Committee in the absence of the Chairman. 4.04 The Secretary shall keep a record of the proceedings of all regular and special meetings. In the absence of the Secretary at a meeting, the Chairman shall appoint a Secretary Pro-Tern to keep a record of that particular meeting. The City of New Braunfels shall maintain files containing copies of the minutes, the bylaws, and other documentation concerning the activities and programs of the Committee. 4.05 At the meeting prior to the anniversary date of the formation of the Committee, the Chairman shall appoint three (3) members of the Committee to serve as a nominating committee for officers. The nominating committee shall report its recommendations on officers at the first meeting of the Committee on or after the anniversary date. Before the election of officers, additional nominations from the floor shall be permitted. 4.06 If there is more than one candidate for any office, the officer for the contested position shall be elected by written ballot, and must receive a majority vote of those present and voting at the meeting. Legal/Common/Committees/New Braunfels Partnership Committee/Bylaws of Committee 2 89 4.07 No member shall hold more than one office at a time, and no member shall be eligible to serve more than three (3) consecutive terms in any one office unless the Committee, by two-thirds vote of members present and voting, approves the additional term of office for a member. 4.08 Any vacancy in office shall be filled by election of the Committee members at the next regular or special meeting occurring after the vacancy. ARTICLE V. MEETINGS 5.01 The regular meetings of the Committee shall be held on the second Tuesday during the months of January, April, July and October at a time specified by the Committee members unless it is determined by the Chairman that a specific meeting date and time must be changed due to the weather, availability of Committee members, or some other sufficient reason. The Committee may change the day and time of the regular meetings by a majority vote of the Committee members. 5.02 The regular and special meetings of the Committee shall be held at the New Braunfels City Hall, 424 S. Castell Avenue, New Braunfels, Texas 78130 unless the Chairman designates a different location for the meeting. 5.03 Meetings_ of the Committee shall be conducted in accordance with the Texas Open Meetings Act. 5.04 The Chairman of the Committee or three (3) members of the Committee may call a special meeting of the Committee provided that notices of the special meeting are provided in accordance with the Texas Open Meetings Act. 5.05 The City Secretary of the City of New Braunfels or his/her designee shall be responsible for posting the notice and agendas for the meetings of the Committee. 5.06 A quorum of the Committee shall consist of a minimum of nine (9) members of the Committee. The Mayor, as an ex-officio member of the Committee, shall not be counted in determining whether a quorum is present at a meeting. ARTICLE VI. SUBCOMMITTEES 6.01 The Committee may appoint such subcommittees as it deems appropriate and necessary for carrying out the purposes for which the Committee has been created. 6.02 A Housing Committee, Activities Committee and Finance Committee shall be appointed by the Committee. The Housing Committee shall be responsible for securing housing for officially recognized delegates from Braunfels, Germany or any other sister city. The Activities Committee shall be responsible for planning Legal/Common/Committees/New Braunfels Partnership Committee/Bylaws of Committee 3 90 and coordinating activities and transportation for officially recognized delegations, tours, or exchanges from Braunfels, Germany or any other sister city. The Finance Committee shall be responsible for developing and implementing a strategy for seeking donations or contributions to help fund Committee projects, tours, or exhanges. 6.03 Each subcommittee shall consist of at least five (5) members of the Committee. The Chairman shall appoint the Committee members to any subcommittee. A subcommittee may include non-Committee members as ex-officio members of a subcommittee and the ex-officio members of a subcommittee need not be residents of the City of New Braunfels. The Committee shall appoint any ex officio member to a subcommittee. 6.04 The meetings of any subcommittee shall be conducted in accordance with the Texas Open Meetings Act even though a quorum of the Committee may not be members of the subcommittee. ARTICLE VII. FINANCE 7.01 The fiscal year of the Committee shall coincide with the fiscal year of the City, i.e. beginning October 1 of the year and ending September 30 of the following year. 7.02 Any accounting records with regard to the revenues or expenditures of the Committee shall be established and maintained by the City's Finance Department. All funds raised by the Committee shall be set aside for the express use of the Committee in accordance with City fiscal policies, budget appropriations, or approval of the City Council when expenditures have not been budgeted or the amount of expenditure must be approved by the City Council. 7.03 The Committee may, with the prior approval fo the City Council, seek, receive, administrate, and utilize gifts, grants, and/or legacies designated to the Committee to further the work of the Committee. Usual or customary donations or contributions may be approved by the City Manager. 7.04 The financial records of the Committee shall be audited annually as part of the annual City audit. ARTICLE VIII. CITY SUPPORT 8.01 The City staff shall provide administrative support to the Committee with the approval of the City Manager. The City Manager shall designate the person or person(s) who shall serve as the administrative liaisons with the Committee. Legal/Common/Committees/New Braunfels Partnership Committee/Bylaws of Committee 4 91 ARTICLE IX. PARLIAMENTARY AUTHORITY 9.01 The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Committee in all cases in which they are applicable and in which they are not inconsistent with these bylaws, the City Charter, the City Code, or State law. ARTICLE X. AMENDMENTS 10.01 These bylaws may be amended at any regular or special meeting of the Committee by a two-thirds (2/3) vote of those present and voting provided that at least fifteen (15) days written notice of the proposed amendments has been given to all Committee members. Any amendment adopted by the Committee must be approved by the City Council before it is effective. Legal/Common/Committees/New Braunfels Partnership Committee/Bylaws of Committee 5 92 ~,,City of New Braunfels ~U"-z City Council Agenda Item Report - August 10, 2009 Agenda Item No. 4-A . Presenter/Contact- Monique Vernon, Downtown Development Coordinator (830) 221-4091 - [email protected] susJecT: Presentation regarding an update of the Downtown Implementation Plan 8ACKGROUND/RATIONALE: Staff will make a presentation regarding an update of the Downtown Implementation Plan. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: IN/A Yes I City Plan/Council Priority: FISCAL IMPACT: BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Page 1 of 1 94 f":,Cityof ~-..New Braunfels City Council Agenda Item Report - August10,2009 Agenda Item No. 4-B Presenter/Contact- Octavia Garza, P .E., Assistant City Engineer (830) 221-4022 - [email protected] SuBJEcT: Presentation, discussion, and action to authorize the City Manager to· enter into a contract modification with HDR/Ciaunch & Miller regarding the final design of Walnut Avenue Segments 2 and 3 Reconstruction Projects arid establish Utility Agreements for underground utility conversion and appropriate budget transfer. BACKGROUND/RATIONALE: On May 29, 2007 City Council approved a professional engineering services contract with HDR/Ciaunch & Miller to design the Walnut Avenue Widening Project (Segment 1). On March 10, 2009 City Council approved the continued use of the contract to complete the 30% preliminary engineering phase services related to Segment 2 (IH-35 to Business 35) and Segment 3 (Katy Street to Landa Street). This contract modification is needed to continue the design of Segments 2 and 3 from 30% through final design in order to bid and construct the project. Also, on May 26, 2009 City Council authorized staff to move forward with conversion of all aerial utilities to underground on Segment 1. New Braunfels Utilities (NBU), AT&T, and Time Warne Cable (TWC) were informed of council direction and have started preliminary engineering design of the conversion. At this time $125,000 is needed to fund the design component and the City will reimburse NBU, AT&T, and TWC once the agreement is drafted and presented to council. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priorities: Implement ongoing ../ Yes City Plan/Council Priority: program of infrastructure construction and maintenance FISCAL IMPACT: The additional cost for the professional services is $480,693 as detailed in the attached scope of work and fee proposal. Cost for the design to convert NBU, ATT, and TWC Cable aerial facilities to underground are estimated at $125,000. 2008 Certificates of Obligation Capital Improvement Fund: From: Gruene Road from Post Road to Business 35 $605,693 To: Walnut Avenue Widening, Segment 2 & 3 $605,693 BOARD/COMMISSION RECOMMENDATION: Page 1 of 2 N/A STAFF RECOMMENDATION: Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in the professional services contract with HDR/Ciaunch & Miller regarding final design services for Segments 2 and 3 and establish Utility Agreements for underground utility conversion and appropriate budget transfer. Page 2 of 2 r'.,, City of ~-..New...._ Braunfels City Council Agenda Item Report August10,2009 Agenda Item No. 4-C Presenter/Contact- Stacey Laird Dicke, Parks & Recreation Director Robert Camarena, Assistant City Manager (830) 221-4355 - [email protected] (830) 221-4280- [email protected] SuBJECT: Presentation, discussion and possible action regarding a review of the Landa Park Golf Course Master Plan financial proforma by a work group assembled by the City Manager. BACKGROUND/RATIONALE: Staff will make a presentation regarding a review of the Landa Park Golf Course Master Plan financial proforma by a work group assembled by the City Manager. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORI'TY: I N/A I Yes I City Plan/Council Priority: I FISCAL IMPACT: BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Page I of 1 98 ,.,Cityof ~;J New Braunfels City Council Agenda Item Report AUGUST 10,2009 Agenda Item No. 5-A Presenter- Shannon Mattingly, Planning Director (830) 221-4055 [email protected] SuBJECT: Discussion and consider the second and final reading of an ordinance granting a special use permit at 1581 SH 46 South to allow pre-owned auto sales in the "C-1 local business district" and "APD agricultural/pre-development district". APPLICANT: Janet Stanzione 27935 Wild Bloom San Antonio, TX 78260 PROPERTY OWNER: James A Stanzione et al 27935 Wild Bloom San Antonio, TX 78260 I BACKGROUND/RATIONALE: This property is located on SH 46 South. The front 300' of the subject property is zoned "C-1" and the remainder is zoned "APD". The "C-1 Local Business District" allows a variety of office, retail and commercial uses but most automotive-related uses are excluded. The surrounding neighborhood is a mix of residential, agricultural, commercial and light industrial uses. SH 46 is designated as a 120-foot arterial on the Thoroughfare Plan. Because the request includes modifications to zoning ordinance requirements, a Type 2 SUP with site plan detailing the proposed business is required. The site plan that was submitted does not show adequate buffering. According to the applicant, the car lot will be comprised of twelve cars on the lot and operate 6 days a week. The office that is currently located on the property was formerly used as a roofing company office. The residence that is on the property will remain. An SUP site plan may modify ordinance requirements for standards including off-street parking areas, screening, buffering and setbacks from adjacent uses, in order to mitigate development-related impacts. A Special Use Permit may be granted to allow compatible and orderly development which may be suitable only under certain conditions. The request should be evaluated on the extent to which the proposed use: • is consistent with policies of the Comprehensive Plan; • is consistent with the purpose and intent of zoning district regulations; • meets all supplemental standards; and Page 1 of3 • preserves the character and integrity of adjacent development and neighborhoods. The proposed use is consistent with the future land use designation of Commercial, but not with the purpose and intent of zoning district regulations. GENERAL INFORMATION: Case No.: PZ09-28 Size: 1.897 acres Surrounding Zoning North- M-1A I Vacant and Commercial and Land Use: South- C-1/ Residential/Commercial East- APD Nacant West -C-1/Residential Comprehensive Plan/ Future Land Use Designation: Commercial lmprovement(s): Residential structure with out buildings NOTIFICATION: Public hearing notices were sent to 7 property owners located within 200 feet of the '' property. No responses in favor were received, and one was received in opposition (# 7). ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Objective 1A: Evaluate proposed zone 2006 Comprehensive Plan changes to maintain land use compatibility, as well as the integration of mixed land uses Pros and Cons Based as a component of achieving better places to on Policies Plan live. The Future Land Use designation for the property is "Commercial.". Cons: Objective 20G: Discourage incompatible land uses from abutting residential areas. Although not located in a residential neighborhood, abutting land uses are residential. Objective 9C: Consider buffering of commercial uses adjacent to existing or proposed residential areas. The site plan does not show adequate Page 2 of3 buffering to existing residential areas. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff does not recommend approval of the Special Use Permit because the request was not consistent with the purpose and intent of the zoning district regulations. Also, State Highway 46 is a main entryway into the City from Houston and Seguin and having a used car lot on a main corridor detracts from the unique character of the City of New Braunfels. However, staff recommends that the paving, landscaping and buffering requirements of the zoning ordinance be met if the City Council were to recommend approval. Staff also recommends limiting the hours of operation and the number of cars being sold to what was proposed by the applicant in their application. City Council approved the first reading with all of the staff recommendations being required. BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on July 7, 2009 and recommended approval of the SUP by a vote of 8-1-0, restricting the business to 12 cars on the lot and with the condition that the paving, landscaping and buffering requirements were met. The applicant has since requested that 20 cars be on the lot. ATTACHMENTS: 1. Application 2. Proposed Plans 3. Existing Land Use and Zoning Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Section 3.6 Special Use Permit 8. Excerpt from minutes of July 7, 2009, Planning Commission meeting. Z:\CCagenda\ZoneChgs&SUP\Stanzione SUP 7-09.doc Page 3 of3 102 J:'ttpJ!')JOU~®!Jil~ ~ fifi' ©11f&ii'i®!i"{$}, $©1 $~t®; uf Ill~®~~ ©!i' ©~h®ii" -~~®©If !i'®!@l~U©I!i'il$ihlH!PJ, @ l®tt®!i' ©'f a!Mt!ii©lll'llt<:~\lU©ilill mi!.y$·~ i!JJ® \l'iJ.;Jii'll'il~§l~®(d ·ifmrn ©~t~JI~Il®!i'((\\lg @l~ ft~~® ~om® $ll.il©fil\l!tli:® l. >Le"'L<<··-) l®~:~1i~®:~:::~o$D!lwu:~~~~~=-=-~~~~~~~~~=~~~~~~9,~/4· A//~:j /~~~>t:~!:iE,_:.;-{:>l .::.--~'~ ~=-=-=-=-~~=-~ \,., ~./ / ; .-, 1 !L.rtJJ~(s}:======~·fEJff©~!.'tr(£}:======/4«;r®i@J®: _...;...1_·====';""====~ ·.. , !EnU$UDil1l9J lUJS~® ®ll fi!lm&Q)®Ii'fi:w .·="'"'-''~=·!..;.,·'c;.· ,.- ...;··;.;'~-·~-""""d·==d:(~--~-;.-""~·~;::""""'-1:="'=='~··~\:9 · F==~'"'"""':::;;L;,'.=·'..;l·=''----%:"".':;;;>;;.,·:·"'· ...;...~··~~;'======-'\:," ..;'\"c· ...... ;.~'-;;;--··=L;;;_:--·;;.,.·· .... · /' / """".- ((;flll@~E« fiif ~;»li'@~Q1©Sl®dl ~IJ»®~il fl. ~Fillf©I!PJ©$®©1 l%l® @~ ~Q)~'©IPJ®u\tV" ®inldlu©lli" !?~®~Sl@fi'il f~l1' li'®?,Jil!l®$~ «~tti®~~ ~.ldldlotn©ll'il&~~ ©w $!!11LOJ~©IIl'ftnllil9J u!l111?«»11'm@lt6©111l ow !l11@©@$$&l!i'jf}: c 5( ;:-· • } .<'·· /:'. ;~ . . .--:~·.),:-,;} .. ;[. !· / :~ :) ;:~ '.-:..- i ®. $\uufo\CifiJ!Nl]!EIRfil~: Metes ar1d r;;ouncls description vr st.lrwey anel ma1p if property is flo~ pb81t1ecl. fuls.p Df f3ropel'iy in reie.t~on ·(o City lnmMrsima_j~r meJo\ways or surmui'lcling 0lrea " Hrequesting 2 Type 2 Special Use Permit, applicant must attach a developmenU'site plar. ss described on pages 2 Fo; Office Use Only i •··. i: Fee Received By:._'--'7-:...;._:·:..:.."-"'.. --'--:-'-'---.;...:..... _____~i\mount ----'-'------Receipt No.:--'------ Date Received: ___-'-'--""--'-;-"c. ______~7oning signs issued: Date: __.c_..:.::,-'/""--'-:.../..;:·":....·. Nc._--'-'-'--- Cash/Check Number: ____.;;..:-·_-,"':--+-·------Case Number:---+!_'.-'. ·c..·.""-.....:::_.__ __,;~"'·\~'"'-;:...\_; ______ ''1~\\"t ATTACHMENT 1 104 1581 S. State Highway 46 has the following trees on proposed car lot: 11 (mostly elm trees) ranging in size from 5" to 29" as shown on attachment Fencing and buffering-- has palm trees and elm trees separating residence from lot. Fenced on right side to separate car lot from residence; residence is totally fenced. Will have 12 cars on lot Hours of operation are: Sunday Monday iO.tL~ ?-·co Tuesday / o:oo tc 'i · t c Wednesday ;a·: oo ·11 ·1. ·c 0 Thursday ;_t:· () () ·tt ;.· (}0 Friday /{) :.. I)C ~ 1·' (JO Saturday I c "·. c &' ·to 1; o 0 ATTACHMENT 2 Existing Land Us_ and Zoning Map _. 777 1478 1579 legend 1577 1587 1583 1589 I::Jzoning 1585 1591 E:Z2d Subject Property .-tin••& ; _.,. City Limits '!l.ln..... Existing Land Use c=:J Residential Low Density c::=J Residential Medium .. Commercial liB! Industrial c:::J Institutional . Open Space >-! -1 )> . Drainage 0 :J: $ Map Created On m r· ,":!···i 6/23/09 z lJ Ne~ Braunfels 1581 SH 46 South -1 "" . ~·- SUP for Auto Sales · ~ ~ ..... Future Land Use Map LN //<~ ,," '",,, 1478 526 1583 1 ., A 1585 'IZ> .,_ 1591 '•' 1595 ' ' 1597 '· 1;l·;5-i2 ...... legend 1//1'i60 . IIP.mi City Limits IZ2:J Subject Property Future Land Use - commercial ~ industrial :l1> , ] res low den -1 -! );- 0 ::r:: W''. ··~, .. ' $ IVIap Created On m (>~,J N~~ Braunfels 1581 SH 46 South 6/23/09 z ~~JP for Auto Sales -i .1:- ~ legend -4 > 0 ij//: Subject Property :I: ...... ~ 11-~ ••n•iii City Limits mz I I I I I I I I I I -1 ~· .., 01 Map Created On k,.,J Ne~ Braunfels 1581 SH 46 South 6/2/09 "n _.._..,JP" ... ~,.--··-- SUP for Auto Sales 108 PLANNING COMMISSION- JULY 7, 2009- 6:00PM New Braunfels Municipal Building, Council Chambers Applicant: Janet Stanzione Address/Location: 1.897 acres out of the A.M. Esnaurizar Eleven League Grant Survey, Abstract 20, located at 1581 Highway46 South Owners: James A Stanzione ET AL REQUEST FOR SPECIAL USE PERMIT- CASE #PZ09-028 The circled numbers on the map correspond to the property owners listed below. All information is from the Guadalupe Appraisal District Records. The property under consideration is marked as "SUBJECT". 1. Adams, Loura 2. Coldeway, Lewis 3. Discount Storage Ltd. 4. Engelhardt, Angelique 5. Krueger, Pamela 6. Sisak, Joe & Ellarene 7. Sones, Charles SEE MAP ON REVERSE ATTACHMENT 6 ® Noti1. ~tion Map 1545 ® .. 110 .. '· -- ·~ 0 0 \ ~ ~ 1\12 0), ~5~ ~\ \ ~~ \ ·'~ ~ ~~1 ~ 1520 ~ \ @ ~ ((Q •'·. ""' ~ V-' ~ \ (1,-: · .. ""' 0 '1585 1526 f4\ '· ~. ® @ \...."V . 1579 ...... ® 1-" \ (S) 1577 ~ a 1587 ' '-.. lD ® \ 1589 .., 0 ® \ 1591 \ .... 0 ® ... 1593 "\. 1595 (!) .., 1597 \ ® ~ ' ~.. 1607 \ @) ~ \ '16'15 \ @I ~ Legend ..., ~ ~ Subject Property ' lr r: Notification Buffer '1623 @ ~ &IIU:IDUUE.IZL w;tr" ~ i City Limits JIIUI!!!JIU!'.IIBI1i 1630 s ® ~~-- -}'~ PZ09-28 [''·'"" -~{ L"ir·.·I L.V ~J,··• l~~;~ Nevv Braunfels 1581 SH 46 South Nlap Created On 6/2/09 """" ... =,..~~ SUP for Auto Sales 110 3.6 Special Use Permits. 3.6-1 Compatible and orderly development. A special use permit may be granted to allow compatible and orderly development which may be suitable only in certain locations and zoning districts if developed in a specific way or only for a limited period of time. 3.6-2. Application processing. Application for a Special Use Permit shall be processed in accordance with Section 2.1 of this Chapter and shall include the pertinent information as determined by the type of Special Use Permit and additional information as determined by the Planning Director, the Planning Commission or the City Council. Types of Special Use Permit: Type 1. Regulates land use only; does not require specific site plan or schedule. Construction within a Type 1 Special Use Permit will comply with all of the standard construction requirements for the approved use at the time of construction permit, including drainage plans, TIA, driveway location, and landscaping. Type 2. Requires a site plan drawn to scale and shall show the arrangement of the project in detail, including parking facilities, locations of buildings, uses to be permitted, landscaping, and means of egress and ingress. 3.6-3. Standards. When considering applications for a special use permit, the Planning Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan, if a Type 2, and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Planning Commission and the City Council shall specifically consider the extent to which: (a) Comprehensive plan consistency. The proposed use at the specified location is consistent with the goals, objectives and policies contained in the adopted Comprehensive Plan; (b) Zoning district consistency. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; (c) Supplemental Standards. The proposed use meets all supplemental standards specifically applicable to the use as set forth in this Chapter; (d) Character and integrity. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances. A Type 2 Special Use Permit may include improvements or modifications either on-site or within the public rights-of~way to mitigate development-related adverse impacts, including but not limited to: (1) Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire; (2) Off-street parking and loading areas; (3) Refuse and service areas; (4) Utilities with reference to location, availability, and compatibility; (5) Screening and buffering, features to minimize visual impacts, and/or set backs from adjacent uses; ATTACHMENT 7 111 (6) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; (7) Required yards and open space; (8) Height and bulk of structures; (9) Hours of operation; (10) Paving of streets, alleys, and sidewalks, ( 11) Provisions for drainage, (12) Exterior construction material and building design; and (13) Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets. (e) Public health, safety, convenience and welfare. The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity. 3.6-4 Procedures for special use permit (SUP). Granting of an SUP is considered zoning and as such, all the procedures for changing a zoning district apply to an application for an SUP. After a public hearing and upon the recommendation of the Planning Commission, the City Council may approve, deny or modify the site plan and issue a special use permit containing such requirements and safeguards as necessary to protect adjoining property, including conditions addressing the standards in Section 3.6-3(d). 3.6-5. Revocation. The SUP for a Type 1 permit may be considered for revocation if a use other than the use approved in the SUP or in the underlying zoning district is developed or other stated requirements are not met. The SUP for a Type 2 permit may be considered for revocation for the following reasons: (a) Construction is not begun within five years of the date of approval of the permit. (b) Progress toward completion is not being made. Progress toward completion includes the following: (1) An application for a final plat is submitted; (2) A good faith effort is made to file with a regulatory agency an application for a permit necessary to begin or continue completion of the project; (3) Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of 5% of the most recent appraised market value of the real property on which the project is located; (4) Security is posted with the city to ensure performance of an obligation required by the city; or (5) Utility connection fees or impact fees for the project have been paid to the City or New Braunfels Utilities. 112 (c) Abandonment of the project. Abandonment includes development of the property in a way other than provided for by the SUP. (d) Failure to satisfy the conditions of the SUP or follow the site plan made part of the SUP. (e) Code violations. Revocation may be considered if there are three or more code violations in a 720 day period. (1) Notice to property owner. If the Planning Director finds no less than three violations of any code of ordinances on the property within a 360 day period, he shall advise the applicant of a revocation hearing. The Planning Director shall notify the property owner in writing of the violations and that an administrative hearing will be held concerning the violations. Such notice shall be given at least 10 days prior to the hearing. The Planning Director shall take evidence and conduct an administrative hearing to determine if a revocation procedure should be initiated. Such a determination is not subject to appeal to the Zoning Board of Adjustment. (2) If the Planning Director finds that there is credible evidence that the code of ordinances has been violated, or there have been convictions or guilty pleas in any court of competent jurisdiction, on at least three separate occasions within a 720 day period, and after the administrative hearing, he shall initiate a SUP revocation process. (3) Appeal to Municipal Court. Any code violation may be appealed to, or considered by, the Municipal Court Judge. The parties at interest in this appeal may cross examine witnesses. (f) Revocation process. The revocation process shall be the same as for a zoning district change, with notice to property owners within 200 feet, public hearing and recommendation by the Planning Commission, and public hearing and ordinance consideration by the City Council. (g) The City Council may deny the SUP revocation, approve the revocation, deny the revocation and add additional restrictions to the SUP, suspend the SUP for a period the Council determines, or amend the SUP with probationary requirements and terms the Council determines. (h) Upon revocation of a special use permit the property subject to the special use permit may be used for any permitted use within the applicable base zoning district. 3.6-6. Compliance with conditions. Conditions which may have been imposed by the City Council in granting such permit shall be complied with by the grantee before a Certificate of Occupancy may be issued by the Building Official for the use of the building on such property. 3.6-7. Telecommunication towers and/or antennas. See Sec. 5.6 3.6-8. Deviation from Code. The City Council may approve a special use permit with deviations to any provision of the Code of Ordinances. Such deviations shall be listed or shown in or as part of the Ordinance approving the special use permit. 113 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF JULY 7, 2009 PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ09-28, the proposed Special Use Permit to allow pre-owned auto sales at 1581 SH 46 South, located in the "C- 1Local Business District" and "APD AgriculturaVPre-Development District". (Janet Stanzione) Ms. Brake explained that the property contained a residence, which would remain residential, and a small office building which would become an office for the auto sales business. She said the business would be open six days a week, selling a maximum of twelve cars at any one time. She stated that the c-·1 Local Business District allowed a variety of office, retail and commercial uses but most automotive-related uses were excluded. She also stated that the request included modifications to zoning ordinance requirements, thus requiring a Type 2 SUP with site plan detailing the proposed business. Ms. Brake noted that the detail pian that was submitted did not show adequate buffering. She said seven notices were sent to property owners within 200ft. of the subject property, no responses were received in favor and one response (#7) was received in opposition. She stated that staff did not recommend approval of the Special Use Permit because the request was not consistent with the purpose and intent of zoning district regulations; however, if the Commission voted to recommend approval of the use, staff recommended that the paving, landscaping and buffering requirements of the zoning ordinance be met. Chair Casteel invited the applicant or her agent to address the Commission. Janet Stanzione, 27935 Wild Bloom, San Antonio, noted that there were other car dealerships along SH 46 and was willing to do whatever was necessary to open the business. She said she would agree to the required landscaping and buffering. She further noted that she also owned the residence on the same property. Chair Casteel asked i·f there was anyone in the audience who wished to speak in favor of the Special Use Permit. 1\Jo one spoke. Chair Casteel asked if there was anyone in the audience who wished to speak in opposition to the Special Use Permit. No one spoke. Motion by Commissioner Seidel, seconded by Vice Chairman Heimer, to close the public hearing. The motion carried unanimously. (9-0-0) Commissioner Van asked if the property had been used as a car lot before. Ms. Stanzione said it was previously the office for Dean's Roofing Company. Vice Chairman Heimer asked the applicant if she would be the operator of the car lot. Ms. Stanzione said she was leasing the property out to another individual "for a minimum two-year lease. She added that vehicles ·ror sale wouid be located towards the front of the property. Commissioner Myrick asked if the parking area would be paved. Ms. Stanzione said she would prefer to use crushed granite but would pave it if she had to. Commissioner Myrick asked if any repair or maintenance of vehicles would be performed on the property and if any new driveways would be requested. Ms. Stanzione replied that the business would be limited to car sales and no additional driveways would be needed. Commissioner Bearden asked if the applicant had any other options. Ms. Mattingly replied that she could apply for an outright rezoning. Discussion followed on the pros and cons of rezoning vs. Special Use Permits. Motion by Vice Chairman Heimer, seconded by Commissioner Myrick, that Case #PZ09-28, the proposed Special Use Permit to allow pre-owned auto sales at i 581 SH 46 South, located in the "C-i Local Business District" and "APD Agricultural/Pre-Development District", restricting the business to onlytweive cars on the lot and with the condition that the paving, landscaping and buffering requirements were mat. The motion carried, with Commissioner Massouh voting "no". (8-! -0) ATTACHMENT 8 114 ORDINANCE NO. 2009- AN ORDINANCE GRANTING A SPECIAL USE PERMIT AT 1581 SH 46 SOUTH TO ALLOW PRE OWNED AUTO SALES IN THE "C-1 LOCAL BUSINESS DISTRICT" AND "APD AGRICULTURAUPRE-DEVELOPMENT DISTRICT"; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 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 Perm it, 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 Special Use Permit meeting 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 1.897 acres out of the A.M. Esnaurizar Eleven League Grant Survey, Abstract 20, located at 1581 State Highway 46 South, to allow pre-owned auto sales in the "C-1 Local Business District" and "APD Agricultural/Pre-Development 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 property located at 1581 State Highway 46 South, 1.897 acres out of the A.M. Esnaurizar Eleven League Grant Survey, Abstract 20, to allow pre-owned auto sales in the "C-1 Local Business Districf' and "APD Agricultural/Pre-Development District'', as delineated by the site plan shown on "Exhibit A". SECTION2 THAT, the following conditions are herewith adopted as part of the Special Use Permit: 1. Paving, landscaping and buffering requirements of the zoning ordinance be met; and 2. The business will be limited to having only twelve cars on the property and the operating hours will be restricted to 10:00 a.m. to 7:00 p.m., Monday thru Saturday, without an amendment to the Special Use Permit, as shown in Exhibit B. 115 SECTION3 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. SECTION4 THAT, all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent that they are in conflict. SECTIONS 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. SECTION6 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 2ih day of July, 2009. PASSED AND APPROVED: Second Reading this the 10th day of August, 2009. CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney U:\Pianning\Ordinances\Secial Use Permits\Stanzione 1581 SH 46.ord.doc 2 116 EXHIBIT" A" 117 1581 S. State Highway 46 has the following trees on proposed car lot: 11 (mostly elm trees) ranging in size from 5" to 29" as shown on attachment Fencing and buffering-- has palm trees and elm trees separating residence from lot. Fenced on right side to separate car lot from residence; residence is totally fenced. Will have 12 cars on lot Hours of operation are: Sunday f!.£fJS e c{. . Monday 1 o:o~ 1:;, ()O Tuesday 1 o:{)()f:b 7:! oo Wednesday /0~ O() -4 1·'{) 0 Thursday /_().~ 0 0 1A 7:· co Friday /0 :- oo ~ 7-' t7 (J Saturday /f) : p f11D 7 .. 0 0 EXHIBIT "B" 118 ~ .. ,]City of ~ .... New Braunfels City Council Agenda Item Report - August 10, 2009 Agenda Item No. 5-B Presenter/Contact- Stacey Laird/Mary Quinones, Purchasing Manager (830) 221-4389- [email protected] SUBJECT: Discuss and consider approval of the purchase of construction services for the Main Plaza Electrical Improvements Project. BACKGROUND/RATIONALE: An invitation for bid was released by the City on July 22, 2009 for Main Plaza electrical improvements. A pre-bid conference was held on July 29, 2009 and bids were opened on August 6, 2009. The bid was sent to 58 vendors through the bid website and/or picked up at the City Secretary's Office. At the time that the agenda packet was produced, the bids had not yet been opened. City staff will provide the bid information to the City Council once they are opened, analyzed and reference checks are completed to ensure that the low bidder has satisfactorily completed this type of work. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priority: Infrastructure X Yes City Plan/Council Priority: Objective 3: Implement ongoing program of infrastructure construction and maintenance. FISCAL IMPACT: The FY 2008-09 Amended Budget for the 2007 Certificates of Obligation Capital Improvement Fund includes $2,774,148 for park improvements and land purchases. Sufficient funds are available in this project to fully fund this expenditure. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the purchase of a construction services for the Main Plaza Electrical Improvements Project. 120 r".,Cityof City Council Agenda Item Report ~-..New...... Braunfels August10,2009 Agenda Item No. 5-C Presenter/Contact- Michael E. Morrison, City Manager (830) 221-4280 - [email protected] SUBJECT: Discuss and consider approval of an lnterlocal Agreement with Carnal County with regard to the Carnal County Justice Center. 8ACKGROUND/RATIONALE: Carnal County intends to construct a justice center referred to as the Carnal County Justice Center (the "Justice Center") at the corner of North Seguin Avenue and East Bridge Street. In order to construct the Justice Center as designed, the County will need to address certain parking and setback requirements. The proposed lnterlocal Agreement (the "Agreement") permits the County to delay construction of the required parking for the Justice Center provided that it deposits a sum of money in an identifiable fund (the "County Facility Parking Fund") to construct the required parking within five years. The City and County have also had discussion about jointly constructing a downtown parking garage and this Agreement allows the parties to enlarge or expand the parking facility for the Justice Center so that it can also serve as a downtown parking garage. It is anticipated that the Justice Center parking facility will be constructed on the site currently occupied by the County Tax-Assessor-Collector's Office after said office is relocated and demolished. Finally, the Agreement allows for the approval of the construction of the Justice Center without the required setback from a residential property provided that the property owner executes a written document that he/she does not object to the setback waiver. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Objective 12. Work with existing entities to ensure balanced economic development City Plan/Council X Yes 12b - Support downtown development Priority: efforts FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Legal/Common/Forms/Agenda ltem/2009/Agenda ltem.Approval of lnterlocal Agreement. Coma! Co. Justice Ctr. Staff recommends approval of the lnterlocal Agreement. Legal/Common/Forms/Agenda ltem/2009/A enda ltem.Approval of lnterlocal A reement.Comal Co. Justice Ctr. 123 INTERLOCAL AGREEMENT BETWEEN COMAL COUNTY AND THE CITY OF NEW BRAUNFELS REFERENCE COMAL COUNTY JUSTICE CENTER STATE OF TEXAS )( COUNTY OF COMAL )( This Interlocal Agreement (the "Agreement") is made and entered into by and between Comal County, a political subdivision of the State of Texas ("County''), acting through its Commissioners Court, and the City of New Braunfels, a home rule municipality ("City"), acting through its City Council, with regard to the proposed "Comal County Justice Center." Said Agreement shall become effective upon the date of last signature below ("Effective Date"). WHEREAS, Texas Government Code Title 7, Chapter 791 (the "Act") authorizes local governments, as that term is defined in the Act, to enter into contracts with one another for governmental functions and services; and WHEREAS, the County intends to construct a justice center referred to as the Co mal County Justice Center to be located at the comer of North Seguin Avenue and East Bridge Street within the City ofNew Braunfels, Comal County, Texas (the "Justice Center Site"); and WHEREAS, the County and City need to address certain parking and setback issues in order for the proposed justice center to be constructed on the Justice Center Site; and WHEREAS, the County and City desire to enter into this agreement to address the parking and setback concerns as they relate to the construction of a justice center on the Justice Center Site; and WHEREAS, the Parties have previously entered into an Interlocal Agreement for a Downtown Parking Garage and the parking facility made the subject of this Agreement may, but is not required to, also serve as the parking garage made the subject of the previous interlocal agreement; NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by each of the Parties, said Parties agree and covenant as follows: 1. The City shall review and issue the necessary construction permits for the construction of the proposed justice center on the Justice Center Site provided that the construction plans meet the requirements of the City codes and regulations except for parking and setback requirements. City shall approve said construction plans without requiring a setback from the residential property on the northwest side of the building provided that the County furnishes the City written Legai!Common!Contracts/County/INTERLOCAL AGREEMENT.Justice Center 1 124 documentation from the landowner of the adjacent property on the northwest side that he/she does not object to waiving the setback requirement. 2. The County shall deposit in an identifiable fund (the "County Facility Parking Fund") for the benefit of constructing a multi-story parking facility within four hundred feet ( 400') of the Justice Center Site a sum of money equal to Twenty Thousand Dollars ($1 0,000) per parking space for the number of parking spaces required by the proposed justice center but not being constructed as part of the proposed justice center. Current plans for the proposed justice center indicate that 203 additional parking spaces would be required to meet City Code parking requirements so the deposit would be $2,030,000 based on the current plans. It is anticipated that the parking facility shall be constructed on the site currently occupied by the County Tax Assessor-Collector's Office on the corner of North Seguin A venue and East Mill Street. Said funds shall be deposited in the County Facility Parking Fund by the County at the same time that it receives funds from the debt issuance for the construction of the Comal County Justice Center. 3. The County agrees to commence construction of the multi-story parking facility within five (5) years of the date of the completion of the justice center. If the County fails to commence construction within this time frame, then the County Facility Parking Fund shall be dedicated and used for the construction of parking or the acquisition of land for parking in accordance with the parking requirements identified in the City's Downtown Implementation Plan. 4. The Parties have previously entered into an Interlocal Agreement for a Downtown Parking Garage (the "Downtown Parking Garage Agreement") and the Parties may discuss expanding the proposed County multi-story parking facility made the subject of this Agreement so that it can also serve as the downtown parking garage made the subject of the Downtown Parking Garage Agreement. If said parking facility is expanded or enlarged to also serve as the downtown parking garage pursuant to the Downtown Parking Garage Agreement, then the City may participate in the design and cost of said facility in accordance with the Interlocal Agreement for the Downtown Parking Garage. 5. This Agreement shall not be modified, changed, or altered at any time except by mutual agreement of the parties reduced to writing. IN WITNESS WHEREOF, this Agreement shall become effective as of the date of the last properly authorized signature. The County executes this Agreement by and through the County Judge acting under the authorization of the Commissioners Court of Comal County, Texas. COMAL COUNTY, TEXAS CITY OF NEW BRAUNFELS, TEXAS EXECUTED on this __ day of EXECUTED on this __ day of August, 2009. August, 2009. Legai/Common/Contracts/County/INTERLOCAL AGREEMENT .Justice Center 2 125 By: ______By: ------DANNY SCHEEL MICHAEL E. MORRISON Cornal County Judge City Manager ATTEST: ATTEST: Joy Streater, Michael A. Resendez, Cornal County Clerk City Secretary Legai/Common/Contracts/County/INTERLOCAL AGREEMENT.Justice Center 3 126 1?7 ,._,City of ~-.;New Braunfels City Council Agenda Item Report - August 10, 2009 Agenda Item No. 6 {A - D) Presenter/Contact- Alan C. Wayland SUBJECT: EXECUTIVE SESSIONS (A) Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section 551.072, of the Texas Government Code. (A. Wayland, City Attorney) (B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney) (C) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code. (A. Wayland, City Attorney) (D) Annual evaluation of the City Attorney, in accordance with Section 551.074, of the Texas Government Code, personnel matters. {A. Wayland, City Attorney) In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session. After the Executive Session discussion on the above noted item, any final action or vote taken will be in public. BACKGROUND/RATIONALE: N/A ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: J Cit)' Plan/Council Priority: FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A 128