REGULAR CITY COUNCIL MEETING NEW BRAUNFELS MUNICIPAL BUILDING - CITY COUNCIL CHAMBERS 424 S. CASTELL AVENUE OCTOBER 27.2008-6:00 P.M.
The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve. REVISED AGENDA
CALL TO ORDER: OCTOBER 27,2008@ 6:00P.M.
CALL OF ROLL: CITY SECRETARY
PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG
INVOCATION: MAYOR BRUCE BOYER
RECOGNITIONS: "TAAF LOCAL ATHLETE OF THE YEAR" "2008 CITY GOLF CHAMPION" "DONATIONS RAISED FOR SOLMS PARK PLAYGROUND" "SERVICE OF MONROE MILLER AND MATT HARRISON ON NBIDC"
PROCLAMATIONS: "LIVING LEGENDS" "MUNICIPAL COURT WEEK" "NATIONAL HOSPICE MONTH" Pages 1-4
REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL.
1. MINUTES CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING OF OCTOBER 13, 2008, AND (B) THE REGULAR MEETING OF OCTOBER 13, 2008. Pages 5-19 M. Resendez, City Secretary
2. CITIZENS' COMMUNICATIONS - THIS TIME IS FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ISSUES AND ITEMS OF CONCERN, NOT ON THIS AGENDA. THERE WILL BE NO CITY COUNCIL ACTION AT THIS TIME. Page 20 Mayor Bruce Boyer
3. CONSENT AGENDA Pages 21-22 ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE AND NON CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCILMEMBER OR CITIZEN SO REQUESTS, IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS PART OF THE NORMAL ORDER OF BUSINESS.
(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE ESTABLISHING A SPEED ZONE ON FM 482 FROM SOLMS ROAD (MP 6.567) TO THE IH 35 FRONTAGE ROAD (MP 7.568); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. Pages 23-25 S. Ramsey, Public Works Director (B) APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF CASTELL AVENUE AND GARDEN STREET AND S. HICKORY AVENUE AND STONEWALL STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS. Pages 26-28. S. Ramsey, Public Works Director
(C) APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY ADDING SECTION 126-346 (F)(78)&(79) TO DESIGNATE A SPECIFIC NO PARKING ZONE ALONG THE 400 BLOCK OF S. CASTELL AVENUE AND E. TORREY STREET; REPEALING ALL ORDINANCES IN CONFLICT; ADDING A SAVINGS CLAUSE; AND GIVING AN EFFECTIVE DATE. Pages 29-31 S. Ramsey, Public Works Director
(D) APPROVAL OF INTERLOCAL AGREEMENTS BETWEEN THE CITY OF NEW BRAUNFELS WITH HAYS AND GUADALUPE COUNTY DISTRICT ATTORNEY'S OFFICES ALLOWING THE CITY TO SHARE IN THE PROCEEDS OF ASSETS SEIZED/FORFEITED, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS. Page 32 D. Vogel, Acting Fire Marshal
(E) APPROVAL OF A MODIFICATION OF THE CONTRACT WITH TRU-CUT LANDSCAPE FOR LANDSCAPE AND MAINTENANCE SERVICES. Pages 33-34 M. Quinones, Purchasing Manager
(F) CONSIDER ACCEPTING THE RECOMMENDATION ON THE WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE CONCERNING ACCEPTANCE OF THE SEMIANNUAL WATER AND WASTEWATER IMPACT FEES REPORT FOR THE PERIOD OF JANUARY 1, 2008, THROUGH JUNE 30, 2008. Pages 35-37 S. Mattingly, Planning and Community Development Director
(G) AUTHORIZATION FOR CITY MANAGER TO APPROVE CHANGE ORDERS 1 AND 2 TO THE CONTRACT WITH RODMAN LLC FOR CONSTRUCTION SERVICES ON THE WALNUT AVENUE EXTENSION PROJECT. Pages 38-46 S. Ramsey, Public Works Director
(H) AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COMAL COUNTY TO SHARE THE EXPENSES OF A JUVENILE CASE MANAGER. Pages 47-48 S. Hartin, Municipal Court Judge
(I) APPROVAL OF THE APPOINTMENT OF THREE MEMBERS TO THE BUILDING STANDARDS COMMISSION REPRESENTING THE DEVELOPMENT, HOME BUILDING AND REAL ESTATE PROFESSIONS FOR TERMS ENDING OCTOBER 26, 2010 AND ONE MEMBER FROM THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO SERVE ON THE CENTRAL TEXAS TECHNOLOGY CENTER ADVISORY BOARD FOR A TERM ENDING APRIL 26, 2011. M. Resendez, City Secretary Pages 49-56
(J) APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INCENTIVE- SPECIAL PROJECT GRANT, B-08-SP-TX-0131, IN THE AMOUNT OF $98,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. Pages 57-59 V. Brown, Intergovernmental Services Manager 2 4. INDIVIDUAL ITEMS FOR CONSIDERATION
(A) PRESENTATION, DISCUSSION AND ACTION REGARDING ESTABLISHMENT OF RAILROAD QUIET ZONES IN THE CITY OF NEW BRAUNFELS INCLUDING FILING A NOTICE OF INTENT TO CREATE QUIET ZONE(S), AND CREATION OF A DIAGNOSTIC REVIEW TEAM. Pages 60-61 S. Ramsey, Public Works Director
(B) DISCUSS AND CONSIDER APPROVAL OF A CONTRACT WITH HVJ ASSOCIATES TO PROVIDE A STREET ASSESSMENT AND PAVEMENT MANAGEMENT SYSTEM. M. Quinones, Purchasing Manager Pages 62-63
(C) DISCUSS AND CONSIDER AUTHORIZATION AND FUNDING OF ONE NEW SAFETY AND EMERGENCY MANAGEMENT COORDINATOR POSITION IN THE FY 2008-09 ADOPTED BUDGET AND THE APPROPRIATE BUDGETARY TRANSFER. Pages 64-65 J. O'Connell, Human Resources Director
(D) PUBLIC HEARING AND CONSIDER APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM YEAR 2009 BUDGET AND ONE YEAR ACTION PLAN. Pages 66-67 N. Davison, Housing and Community Development Coordinator
(E) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 2.749 ACRES LOCATED AT 1227 AND 1241 ERVENDBERG AVENUE FROM "R-2 SINGLE AND TWO-FAMILY DISTRICT" TO "M-UA LOW INTENSITY MIXED USE DISTRICT." S. Mattingly, Planning and Community Development Director Pages 68-78
(F) CONSIDERATION AND APPROVAL OF THE CITY OF NEW BRAUNFELS' INTENT TO CREATE A TAX INCREMENT REINVESTMENT ZONE TO FINANCE PUBLIC IMPROVEMENTS IN SUPPORT OF THE TOWN CREEK DEVELOPMENT AND CENTRAL BUSINESS DISTRICT IMPROVEMENTS; AUTHORIZING AND DIRECTING DISTRIBUTION OF A WRITTEN NOTICE OF THE CITY'S INTENTION TO CREATE THE PROPOSED REINVESTMENT ZONE TO EACH TAXING UNIT THAT LEVIES A TAX IN THE PROPOSED ZONE; AUTHORIZING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING FOR THE CREATION OF THE REINVESTMENT ZONE; AUTHORIZING A REQUEST TO MAKE PRESENTATIONS BEFORE CERTAIN TAXING UNITS; DELEGATING AUTHORITY TO MAKE PRESENTATIONS AND GIVE NOTICE TO TAXING UNITS OF FORMAL PRESENTATIONS TO THE COUNTY AND SCHOOL DISTRICT; AUTHORIZING A REQUEST TO EACH TAXING UNIT FOR THE APPOINTMENT OF A REPRESENTATIVE TO MEET WITH THE CITY TO DISCUSS THE PROJECT; DELEGATING AUTHORITY TO CALL AND HOLD MEETINGS WITH REPRESENTATIVES OF EACH TAXING UNIT; AND AUTHORIZING OTHER ACTIONS RELATED THERETO. Pages 79-84 M. Morrison, City Manager
(G) PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED 2009 BUDGET FOR THE CONVENTION AND VISITORS BUREAU. Pages 85-97 M. Meek, President of The Greater New Braunfels Chamber of Commerce
(H) DISCUSS AND CONSIDER ACTION ON A RESOLUTION REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS TRANSPORTATION COMMISSION, TO DECLARE A 7.142 ACRE TRACT OF LAND SURPLUS AND SOLD TO THE CITY OF NEW BRAUNFELS AND AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO COMPLETE THE SALE. Pages 98-105 R. Camarena, Assistant City Manager
3 5. EXECUTIVE SESSIONS
In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session. After the Executive Session discussion on any of the following items. any final action or vote taken will be in public.
(A) 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. Page 108 A. Wayland, City Attorney
6. REPORTS Pages 109-111
a) CITY COUNCIL'S REPORT
b) STAFF REPORTS • City Attorney- Update on Attorney General's Opinion #GA-0668 (2008)
City Council reserves the right to hear any of the above described agenda items that qualify for an executive session in an executive session by publicly announcing the applicable section number of the Open Meetings Act (Chapter 551 of the Texas Government Code) that justifies executive session treatment.
ADJOURNMENT
CERTIFICATION
above Notice of Meeting was posted on the Bulletin Board at the New ll"tnnt:>r 24, 2008 at 2:00 p.
ary
NOTE: Persons with who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary's Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made.
4 Proclamation
THE STATE OF TEXAS § COUNTY OF COMAL § CITY OF NEW BRAUNFELS §
WHEREAS, Arno Becker, Roxolin Krueger, and Jack Ohlrich have been named Living Legends of New Braunfels by the Braunfels Foundation Trust; and
WHEREAS, Arno Becker, a native of New Braunfels he received his Mechanical Engineering degree at Texas A & M. After college, he went on active duty with the U. S. Army as a 2nd Lieutenant in the Ordnance Corps. He remained active in the Army Reserves attaining the rank of Major before his resignation in 1966. In 1966, he was hired as the Chief Engineer of Mission Valley Mills. In 1973 he bought into the family auto business, Becker Motor Company and became Senior Operating Partner until the business was sold in 2002. He has served on the Mckenna Memorial Hospital Board from 1976 until the hospital sold earlier this year. He was appointed Chairman of the Board with the McKenna Legacy Foundation. He has been a member of the Wurstfest Association since 1974, names Grosse Opa in 1993 and Opa Emeritus in 1994. He served three years on the Comal County Community Fund Board (predecessor of the United Way) and one year as Chairman. He served as a Director of the Greater New Braunfels Chamber of Commerce for several years, and was elected to the Hall of Honor. He has served on many committees of the Chamber and still serves on the Transportation Committee. He was appointed to the Board of the New Braunfels utilities in 1981 and was elected President of the Board in 1986. He also served on the Utility Board in 1989-1990 as mayor of the City of New Braunfels. He was elected to the City Council in 1988 serving 2 years and being elected mayor from 1990-1991. He has served on the Church Council of St. Paul Lutheran Church where he was baptized, confirmed and has remained a member for 75 years; and
WHEREAS, Roxolin Krueger, a native of New Braunfels she earned her Masters Degree in Management of Vocational and Technical Education from SWTSU in 1980. After 22 years teaching vocational courses at New Braunfels High School, Roxolin retired in 1993. She also earned her Texas Real Estate Salesman's License in 1970. She was the founding President of Republican Women of Comal County in 1964 and served on the Comal County Republican Exec. Committee from 1967- 1974. She is a long time supporter of the Greater New Braunfels Chamber of Commerce earning her Blue Coat in 1972 and serving as their first woman Chair of the Board in 1979. She served as Advisory Director for J>P> Morgan Chase from 1980-2004; Arts and Cultural Commission in 1982; Founding President Heritage Society in 1985; in 1986 she served as President of the Texas Junior Miss Board; in 1994 she served as President of the Comal County Unit, American Cancer Society Board. She co-hosted the "Reflections" program on Radio Station KGNB since 1999; she is a Book Reviewer for Elderhostel Tours; Oma. Tell Me About Olden Times. is a history book about the Gruene family that she co-authored, She has received many awards including the Besserung Award (Citizen of the Year) in 1985; Hall of Honor 1988, and Presidents Award in 1972- which are all Chamber of Commerce Awards. She was awarded the Silver Unicorn Award in 1995 and Distinguished Alumnus for the NBISD Education Foundation in 2004. She is a member of the Sophienburg Museum and Archives, Conservation Society, Senior Citizens of Comal County, First Protestant 2 Church, Retired Teachers Association, Republican Women of Comal County, Heritage Society and is on the Development Council of McKenna Legacy Foundation; and
WHEREAS, Jack Ohlrich was raised on the family ranch and he was fluent in English, Spanish and German when he started school. He was a true Texas rancher, a straight shooter and very self reliant. In 1945 he volunteered for the army; he was lucky the war had ended and was stationed at a telegraph office in Tokyo. After he returned home he went back into ranching in Midland and in 1948 he took advantage of leasing a 3000 acre ranch which is the current site of Hunters Creek, oak Run, Walgreens an the future HEB. After the drought of the 1950's he was forced into a career change and received his Real Estate license. One thing he knew well was ranching and the Texas Hill Country land and after getting his Brokers license he ran his own firm and was involved in the development of several new subdivisions from 1960 until his retirement and returned to ranching in 1988. He earned the respect of the business community and he served on several Boards of Directors, including First National Bank in 1973 (then Texas Commerce Bank) and later Chase Bank. He was selected to be remembered in Honors Hall, received the Besserung Award and served as President of Wurstfest Association. He was elected to City Council in 1968, he served as Mayor for four years and he was one of the driving forces in the development of the original Civic Center. He continually worked for the betterment of our city and county, he represented our interests on the Edwards Aquifer Board for 9 years. Even in his 80's he has continued to serve as he did in 2005, on the charter review committee and he currently serves as an Advisor for the Comal County Regional Conservation Habitat Committee; and
WHEREAS, the Braunfels Foundation Trust will be honoring these Living Legends at their festive event at the New Braunfels Civic Center on October 28th, 2008.
NOW, THEREFORE, I, R. BRUCE BOYER, by virtue of the authority vested in me as Mayor of the City of New Braunfels, do hereby proclaim October 28th, 2008, as
"LIVING LEGENDS OF NEW BRAUNFELS" in the City of New Braunfels and urge all citizens to join the Braunfels Foundation Trust in honoring New Braunfels' Living Legends.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City 1 of New Braunfels to be affixed this the 27 h day of October, 2008.
CITY OF NEW BRAUNFELS
BY:~~~~~~~---- R. BRUCE BOYER, Mayor Proclan1ation
THE STATE OF TEXAS §
COUNTY OF COMAL §
CITY OF NEW BRAUNFELS §
WHEREAS, the Municipal Court of the City of New Braunfels, a time honored and vital part of local government, has existed since 1944; and
WHEREAS, more people, citizens and non-citizens alike, come in personal contact with municipal courts than all other Texas courts combined; and
WHEREAS, public impression of the entire Texas judicial system is largely dependent upon the public's experience in municipal court; and
WHEREAS, Municipal Judges and court support personnel have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of Judicial Conduct; and
WHEREAS, the Municipal Courts serve as the local justice center for the enforcement of local ordinances and fine-only state offenses that protect the peace and dignity of our community; and
WHEREAS, the Municipal Judges and Clerks continually strive to improve the administration of justice through participation in judicial education programs, seminars, workshops and the annual meetings of their state and local professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the 850 Texas Municipal Courts, and salute their critical role in preserving public safety, protecting the quality of life in Texas communities, and deterring future criminal behavior.
NOW, THEREFORE, I, R. BRUCE BOYER, Mayor of the City of New Braunfels, do hereby proclaim the week of November 3ro through November 10th, 2008, as
"MUNICIPAL COURT WEEK" and further extend appreciation to both the Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. I call upon all residents of New Braunfels to join with the City Council in recognizing the vital service they perform and their exemplary dedication to the community they represent.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of New Braunfels to be affixed on this the 27th day of October, 2008.
CITY OF NEW BRAUNFELS
R. BRUCE BOYER, Mayor 4
Proclamation
THE STATE OF TEXAS §
COUNTY OF COMAL §
CITY OF NEW BRAUNFELS §
WHEREAS, hospice care provides patients and families the highest quality pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, most often delivered in the home, allowing patients to live fully up until the final moments, surrounded and supported by loved ones, friends, and committed caregivers; and
WHEREAS, last year one million Americans living with life-limiting illness, and their families, received care from the 3,400 hospice and palliative care programs in communities throughout the United States; and
WHEREAS, professional and compassionate hospice staff and trained volunteers including physicians, nurses, social workers, therapists, counselors health aides, and clergy - provide comprehensive care making the wishes of each patient a priority; and
WHEREAS, providing high quality hospice care reaffirms our belief in the essential dignity of each person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care.
NOW THEREFORE, I, R. BRUCE BOYER, by virtue of the power vested in me as Mayor of the City of New Braunfels, Texas, and on behalf of our governing body and all the citizens do hereby proclaim October, 2008 as
"NATIONAL HOSPICE MONTH"
and encourage citizens to increase their awareness of the importance and availability of hospice services and to observe this month with appropriate activities and programs.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of New Braunfels to be affixed this the 27th day of October, 2008.
CITY OF NEW BRAUNFELS
R. BRUCE BOYER, Mayor 5
MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 13, 2008
The City Council of the City of New Braunfels, Texas, met in Special Session on October 13, 2008.
City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, Kathleen Krueger, and Steven Digges.
City Staff present were: City Manager Michael E. Morrison, City Attorney Alan C. Wayland and City Secretary Michael A. Resendez.
Also present were: Mark G. Squires, James T. Blakey, II, Jennifer Malatek, RobertS. Gray, Wes Stamps, Monroe L. Miller, Richard Myrick, and Judith Dykes-Hoffmann.
The meeting was called to order by Mayor Boyer in the City of New Braunfels Municipal Building Conference Room B at 5:05 p.m. All Councilmembers were present.
INTERVIEW APPLICANTS FOR TERMS ON THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS AND THE NEW BRAUNFELS UTILITIES BOARD OF TRUSTEES. Mayor Boyer read the above and foregoing caption.
Councilmembers interviewed the following applicants for three vacancies on the New Braunfels Industrial Development Corporation: Mark G. Squires, James T. Blakey, II, Jennifer Malatek, Robert S. Gray, Wes Stamps, Monroe L. Miller, and Richard Myrick.
Councilmembers interviewed Richard Myrick and Judith Dykes-Hoffmann for one vacancy on the New Braunfels Utilities Board of Trustees.
City Council took no action on this item. Action on this item was set to occur during the October 13, 2008 Regular City Council Meeting.
ADJOURNMENT: Special meeting adjourned at 6:03 p.m.
Date Approved: October 27, 2008
R.BRUCEBOYER,MAYOR
October 13, 2008 New Braunfels Special City Council Meeting Page 1 6
ATTEST:
MICHAEL A RESENDEZ, CITY SECRETARY
September 26, 2005 New Braunfels Special City Council Meeting Page 2 7
MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 13, 2008
The City Council of the City of New Braunfels, Texas, met in Regular Session on October 13,2008.
City Councilmembers present were: Mayor R. Bruce Boyer, presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins, Kathleen Krueger, and Steven Digges.
City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, City Secretary Michael A Resendez, Public Works Director Steven Ramsey, Director of Planning and Community Development Shannon Mattingly, Human Resources Director Julie O'Connell, Support Services Director Deborah Korinchock, Purchasing Manager Mary Quinones, City Sanitarian Joe Lara, Municipal Court Judge Sara Hartin, Library Director Gretchen Pruett, Human Resources Analyst Heather Harrison, Acting Fire Marshal Doug Vogel, Wade Tomlinson (Parks), Ben Pensiero (Library), Stacie Zercher (Fire), Gloria Herfurth (Fire), Alix Samuels (Library), John McDonald (Police), Lori Stidham (Human Resources), Kathy Hoegenauer (Municipal Court), Gregory Schmidt (Parks), Mike Parma (Support Services), Alfonso Hernandez (Public Works), Matt Greene (Planning and Community Development), and Information and Technology Manager Kern Tilley.
Also present were: Ann Carpenter, Glen Herfurth, Ray Baker, Grace Baker, Patti Anderson, Benita Gaeni, Sharon Schmidt, John Fenley, Jay Brewer, Keith Hoegenauer, Vladimir Pospisil, Michael Meek, Betty Kyle, Mike Norris, Monroe Miller, Stephen Jenkins, Mike Scheffel, Patty Scheffel, W. Allen, Kyle Estes, and News Reporters Chris Cobb and Brandon Morrell.
The meeting was called to order by Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:10 p.m. All Councilmembers were present. Mayor Boyer led the Pledge of Allegiance and Salute to the Texas Flag and Councilmember Steven Digges gave the invocation.
RECOGNITIONS FOR EMPLOYEES OF THE YEAR: City Manager Morrison with the assistance of Mayor Boyer recognized nine employees of the year from throughout the different departments in the City of New Braunfels. The following is a list of the employees that were recognized: John McDonald for the Police Department; Gloria Herfurth for the Fire Department; Lori Stidham for Human Resources, Airport and Administration); Kathy Hoegenauer for Municipal Court; Gregory Schmidt for the Parks and Recreation Department; Mike Parma for the Support Services Department; Alfonso Hernandez for the Public Works Department; Matt Greene for the Planning and Community Development Department, and Alix Samuels for the Library.
October 13, 2008 New Braunfels Regular City Council Meeting 1 8
PROCLAMATIONS: Mayor Boyer presented three proclamations commencing with "Fire Prevention Week" which urged everyone in New Braunfels to heed the important safety messages of the New Braunfels Fire Department and to support the many public safety activities and efforts of the Fire Department to ensure the safety and security of all those living in and visiting the City of New Braunfels. The second proclamation issued by Mayor Boyer was "Colonial Heritage Month" which urged all citizens of the City to observe the priceless legacy we inherit with our citizenship which helps preserve our rich Colonial culture and history with deep respect for the principles upon which our Country was founded. The last proclamation read by Mayor Boyer proclaimed October 20-24, 2008 as "Chamber of Commerce Week" in New Braunfels and urged all citizens and businesses of New Braunfels to support the many public services and efforts of the New Braunfels Chamber of Commerce.
INTRODUCTION OF NEW LIBRARY DIRECTOR: City Manager Morrison welcomed and introduced Gretchen Pruett as the City's new Library Director. Ms. Pruett was given an opportunity to address City Council and the audience on hand.
MINUTES: Councilmembers considered approval of the minutes of (A) the Special Meeting of September 15, 2008, and (B) the Regular Meeting of September 22, 2008.
Mayor Pro-tem Pospisil moved to approve the minutes as presented. Councilmember Digges seconded the motion which was unanimously approved by City Council.
PRESENTATION ON THE CITY'S 2009-2013 CAPITAL IMPROVEMENTS PLAN: Mayor Boyer read the above and foregoing caption.
Under this caption, Assistant City Manager Camarena gave City Council an overview of the Unconstrained 2009-2013 Capital Improvements Plan (CIP). Assistant City Manager Camarena commenced his presentation by noting that three public meetings were held whereby City departments provided information on projects through booths and where input was received from citizens on potential projects. Mr. Camarena also informed City Council of a project/priority suggestion form that was created to receive input from citizens and further informed Council that approximately 140 forms had been received and copies would be made available to Council at this evening's meeting.
Continuing with his presentation, Assistant City Manager Camarena gave an update on the progress and completion of 31 Capital Improvement Projects categorized by the year they were funded through certificates of obligation for years 2003, 2004, 2007, and 2008. Assistant City Manager Camarena then recognized the CIP staff committee that was responsible for the progress on the Unconstrained 2009-2013 CIP and followed with information on the different master plans that had been completed and the surveys and master plans that were in progress that would help in facilitating the CIP.
October 13, 2008 New Braunfels Regular City Council Meeting 2 9
Next, Assistant City Manager Camarena identified what constituted a capital improvement project and made reference to $409,169,806 as being the estimated total for the Unconstrained CIP which included the following categories, Streets and Drainage, Parks, Airport, and Municipal Improvements projects. Proceeding with the presentation, Mr. Camarena separated the CIP projects into three priority project groups and identified potential funding sources. He then listed the specific projects in each category and covered general information on potential partnerships for some of these projects as well as the impact of property tax rates on new debt.
In conclusion, Assistant City Manager Camarena made reference to areas related to project management capacity, operation and maintenance impact of capital improvement projects, scheduling and estimated timelines for master and complex projects, and the steps that would follow in this CIP process concluding with Council adoption of the 5 Year Capital Improvement Plan.
CITIZENS' COMMUNICATIONS:
No input was received from the audience under this caption.
CONSENT AGENDA:
Mayor Boyer read the Consent Agenda as listed below. Councilmember Digges moved to approve the Consent Agenda as listed below minus items (F) and (G). Mayor Pro-tem Pospisil seconded the motion which was approved by the following roll call vote: AYES: Councilmembers Zapata, Goodner, Pospisil, Wiggins, Krueger, Digges, and Mayor Boyer; NAYS: None.
(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING 31.85 ACRES LOCATED BETWEEN GRUENE ROAD AND EAST COMMON STREET, ADJACENT TO THE CYPRESS RAPIDS SUBDIVISION, FROM "ZH-A ZERO LOT LINE HOME DISTRICT", "C-1 BR(62) GENERAL BUSINESS DISTRICT" AND "C- 1 BR(73) GENERAL BUSINESS DISTRICT" TO "ZH-A ZERO LOT LINE HOME DISTRICT', "TH-A TOWNHOUSE RESIDENTIAL DISTRICT" AND "C-1A NEIGHBORHOOD BUSINESS DISTRICT".
Ordinance No. 2008-67
(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING 25.011 ACRES OUT OF A 149.5 ACRE TRACT OF LAND, LOCATED ON THE WEST SIDE OF LOOP 337 AND NORTH OF MADELINE STREET, FROM "R-1A-6.6 SINGLE FAMILY DISTRICT' TO "R-3L MULTIFAMILY LOW DENSITY DISTRICT".
Ordinance No. 2008-68
October 13, 2008 New Braunfels Regular City Council Meeting 3 10
(C) APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NEW BRAUNFELS AND THE STATE OF TEXAS, REPRESENTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION, TO ACCEPT FUNDING AVAILABLE UNDER THE TEXAS TRAFFIC PROGRAM'S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) AND AUTHORIZING THE EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD.
Resolution No. 2008-R40
(D) APPROVAL OF THE RECOMMENDATION OF THE NEW BRAUNFELS PUBLIC LIBRARY ADVISORY BOARD REGARDING THE APPOINTMENT OF CAY QUOYESER, AS A LAY REPRESENTATIVE AND VICKIE HOCKER AS AN ALTERNATE LAY REPRESENTATIVE TO THE ALAMO AREA LIBRARY SYSTEM. As noted in the agenda packet, staff was requesting that Cay Quoyeser serve a two year term as a lay representative and Vickie Hocker serve as an alternate when necessary.
(E) APPROVAL OF UPDATES TO THE PARKS AND RECREATION ADVISORY BOARD BYLAWS. As noted in the agenda packet, the current bylaws were amended to allow for ad-hoc committees and the appointment of a Cemetery Committee.
(F) APPROVAL TO PURCHASE FROM STATE CONTRACTS AND COOPERATIVE AGREEMENTS. As noted in the agenda packet, staff recommended approval to continue to purchase goods through cooperatives that had previously, competitively bid out their contracts, such as Buy Board, U.S. Communities and the Houston-Galveston Area Council.
(G) APPROVAL OF A RENEWAL CONTRACT WITH OFFICE COMMUNICATIONS SYSTEMS FOR THE RENTAL OF COPIERS UNDER A STATE OF TEXAS CONTRACT. As noted in the agenda packet, staff recommended approval of a one-year contract for the rental of 16 copiers in the approximate amount of $45,000.
(H) APPROVAL OF THE PURCHASE OF SERVICES WITH THE HUMANE SOCIETY OF NEW BRAUNFELS AREA, INC. As noted in the agenda packet, staff recommended approval of the purchase of services from the Humane Society in the monthly amount of $2,750 in addition to quarantine expenses, impound fees and disposal fees.
(I) APPROVAL OF PURCHASES FOR THE LIBRARY FROM THE ALAMO AREA LIBRARY SYSTEM VENDOR DISCOUNT LIST. As noted in the agenda packet, staff recommended approval to allow the library the ability
October 13, 2008 New Braunfels Regular City Council Meeting 4 11
to take advantage of vendor provided discounts for purchases of books, periodicals, media, video tapes, audio books and children's books through the Alamo Area Library System.
(J) APPROVAL OF THE PURCHASE OF OIL CHANGE SERVICES, AIR FILTERS, FUEL FILTERS, TRANSMISSION SERVICES, AND RADIATOR FLUSH SERVICES FROM BLUEBONNET MOTORS. As noted in the agenda packet, staff recommended approval of the purchase of vehicle maintenance services from Bluebonnet Motors for a one-year period with two one-year option periods. (K) APPROVAL OF THE FIRST READING OF AN ORDINANCE ESTABLISHING A SPEED ZONE ON FM 482 FROM SOLMS ROAD (MP 6.567) TO THE IH 35 FRONTAGE ROAD (MP 7.568); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. (L) AUTHORIZATION FOR THE CITY MANAGER TO APPROVE CHANGE ORDER #1 TO THE CONTRACT WITH J.D. RAMMING PAVING COMPANY, LTD. FOR CONSTRUCTION SERVICES ON THE PHASE 1- 06 STREET IMPROVEMENT PROJECT AND APPROPRIATE BUDGET ADJUSTMENT. As noted in the agenda packet, the approval of Change Order #1 would provide funding in the amount of $70,132.90 to extend the project to Oakcrest Drive as directed by City Council on September 8, 2008.
(M) APPROVAL OF A SETTLEMENT AGREEMENT REGARDING CAUSE NO. 2006-CV-0632; CITY OF NEW BRAUNFELS, TEXAS V. GRUENE INVESTMENT CO., INC. As noted in the agenda packet, staff recommended approval of the settlement agreement in the total amount of $21,000 as damages related to the acquisition of right-of-way for the Gruene Road Bridge Project.
(N) APPROVAL OF A SETTLEMENT AGREEMENT REGARDING CAUSE NO. C2008-0937D; OAKWOOD ESTATES DEVELOPMENT COMPANY V. CITY OF NEW BRAUNFELS, ET AL. As noted in the agenda packet, staff recommended approval of the settlement which required the City to refund $22,800 to the Oakwood Estates Development Company which was initially collected as a stormwater connection fee that was held invalid by the Court.
(0) APPROVAL OF A SETTLEMENT AGREEMENT REGARDING CAUSE NO. C2008-0991A; FORESTAR (USA) REAL ESTATE GROUP, INC. V. CITY OF NEW BRAUNFELS. As noted in the agenda packet, staff recommended approval of the settlement which required the City to refund $97,200 to Forestar (USA) Real Estate Group, Inc. which was initially collected as a stormwater connection fee that was held invalid by the Court.
October 13, 2008 New Braunfels Regular City Council Meeting 5 12
(P) APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PARTICIPATE IN THE FUNDING OF THE DEVELOPMENT OF A DOWNTOWN MASTER PLAN AND DESIGN IN AN AMOUNT OF $95,000.00; AND DECLARING AN EFFECTIVE DATE.
Resolution No. 2008-R41
(Q) APPROVAL OF THE APPOINTMENT OF AN ADDITIONAL ASSOCIATE MUNICIPAL COURT JUDGE. As noted in the agenda packet, staff recommended approval of the appointment of Priscilla E. Magouirk as an associate Municipal Court Judge.
DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH STRATEGIC GOVERNMENT RESOURCES TO CONDUCT VARIOUS TRAINING PROGRAMS AS PART OF THE CITY'S EMPLOYEE DEVELOPMENT PLAN: Mayor Boyer read the above and foregoing caption.
Human Resources Director O'Connell commenced her presentation by mentioning some of the concepts that had recently been implemented by city management and staff in "Making New Braunfels Great". Ms. 0' Connell made reference to the "Good to Great" Book Club and Retreat, the Performance Management Training that would inform all employees of specific goals and the Supervisory Academy that would cover important topics for supervisors over a course of classes. Next, Ms. O'Connell hit on some of the various customer service training programs that Strategic Government Resources would be conducting as part of the City's employee development plan. Human Resources Director O'Connell ended her presentation by referring to the City's hedgehog concept which helped identify three important factors in "Making New Braunfels Great".
Following the presentation by Human Resources Director O'Connell, Mayor Pro tem Pospisil moved to authorize the City Manager to enter into a contract with Strategic Government Resources to conduct various training programs as part of the City's employee development plan. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.
DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TERRA DESIGN GROUP FOR MASTER PLANNING PARK IMPROVEMENTS AT FISCHER PARK AND THE APPROPRIATE BUDGETARY TRANSFER: Mayor Boyer read the above and foregoing caption.
Assistant City Manager Camarena introduced this item to City Council noting that staff had issued an RFQ for planning services for Fischer Park in August of 2008. He noted that eleven firms responded to the request and that after reviewing the proposals, staff recommended contracting with Terra Design Group in the amount of $67,000.
October 13, 2008 New Braunfels Regular City Council Meeting 6 13
Assistant City Manager Camarena added that the master planning process would include a site inventory, environmental analysis, public input meetings, stakeholder input, design refinement and a cost analysis. He further added that the master planning process would last approximately five months.
Assistant City Manager Camarena noted that The FY 2008-09 Adopted Budget included $40,000 in the Parks and Recreation Department's General Fund budget for costs associated with this contract but that an additional $27,000 would be required to fully fund the costs associated with this contract. He further noted that staff was recommending funding the remaining portion from the Contingencies funding available in the 2007 Certificates of Obligation and mentioned that a budget transfer would be required to facilitate this funding approach.
Councilmember Digges moved to authorize the City Manager to enter into a contract with Terra Design Group for master planning park improvements at Fischer Park with the appropriate budget transfer noted. Councilmember Wiggins seconded the motion.
Following comments from Councilmembers regarding the estimated timing for completion of improvements at Fischer Park, City Council unanimously approved the motion proposed by Councilmember Digges.
SECOND AND FINAL READING OF AN ORDINANCE REZONING 7.159 ACRES LOCATED AT 1554 GRUENE ROAD FROM "R-2 SINGLE AND TWO-FAMILY DISTRICT" TO "R-3L MULTI-FAMILY LOW DENSITY DISTRICT": Mayor Boyer read the above and foregoing caption.
Planning and Community Development Director Mattingly noted that this ordinance had passed unanimously on the first reading and would normally be considered under the consent agenda. She added that it was being considered under the regular agenda since it was related to the following agenda item regarding a zoning amendment to the 2006 Future Land Use Plan on the 7.159 acres located at 1554 Gruene Road.
Planning and Community Development Director Mattingly noted that the subject property was approximately 7 acres of unplatted land located at 1554 Gruene Road, adjacent to the Gruene River Resort ("Wyndham") property which was rezoned to R-3L in 2006. Ms. Mattingly further noted that the applicant was proposing to construct a duplex condominium complex.
Planning and Community Development Director Mattingly also stated that notices were sent to seven property owners located within 200 feet of the property and that four responses were received in opposition. She mentioned that the Planning Commission held a public hearing on September 2, 2008, and unanimously recommended approval of the zone change and land use map amendment by an 8-0-0 vote.
October 13, 2008 New Braunfels Regular City Council Meeting 7 14
Mayor Pro-tem Pospisil moved to approve the second and final reading of this ordinance as presented. Councilmember Digges seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Goodner, Pospisil, Wiggins, Krueger, Digges, Zapata, and Mayor Boyer; NAYS: None.
Ordinance No. 2008-69
PUBLIC HEARING AND A RESOLUTION TO AMEND THE 2006 FUTURE LAND USE PLAN BY CHANGING THE DESIGNATION FROM "COMMERCIAL" TO "RESIDENTIAL LOW DENSITY" ON 7.159 ACRES LOCATED AT 1554 GRUENE ROAD: Mayor Boyer read the above and foregoing caption.
Mayor Boyer read this caption in conjunction with the foregoing ordinance caption since both were related.
Mayor Boyer opened the floor to public input.
Following no public input, Mayor Pro-tem Pospisil moved to close the public hearing. Councilmember Digges seconded the motion which was unanimously approved by City Council.
Next, Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Digges seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Goodner, Pospisil, Wiggins, Krueger, Digges, Zapata, and Mayor Boyer; NAYS: None.
Resolution No. 2008-R42
DISCUSS AND CONSIDER APPOINTING THREE MEMBERS TO THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION (4Bl FOR TWO YEAR TERMS ENDING OCTOBER 9, 2010: Mayor Boyer read the above and foregoing caption.
Applications for three positions on the New Braunfels Industrial Development Corporation were received from Richard Myrick, Monroe L. Miller, Wes Stamps, Robert S. Gray, Jennifer Malatek, James T. Blakey, II, and Mark G. Squires.
Mayor Boyer requested that each Councilmember pick three applicants during the roll call process noting that the applicants receiving at least four votes would be appointed.
The voting process produced the following results:
October 13, 2008 New Braunfels Regular City Council Meeting 8 15
Richard Monroe Wes Robert Jennifer James Mark Myrick Miller Stamps Gray Malatek Blakey Squires
Councilmember Zapata X X X
Councilmember Goodner X X X
Mayor Pro Tern Pospisil X X X
Councilmember Wiggins X X X
Councilmember Krueger X X X
Councilmember Digges X X X
Mayor Boyer X X X TOTALS 4 6 6 4 1
With Monroe Miller and Jennifer Malatek each receiving four votes, City Council voted again as follows:
Monroe Jennifer Miller Malatek
Councilmember Zapata X
Councilmember Goodner X
Mayor Pro Tern Pospisil X
Councilmember Wiggins X
Councilmember Krueger X
Councilmember Digges X
Mayor Boyer X TOTALS 3 4
Following the vote, Wes Stamps, RobertS. Gray and Jennifer Malatek received the most number of votes and were appointed to the New Braunfels Industrial Development Corporation for terms ending October 9, 2010.
DISCUSS AND CONSIDER APPOINTING ONE MEMBER TO THE NEW BRAUNFELS UTILITIES BOARD OF TRUSTEES FOR A FIVE YEAR TERM ENDING OCTOBER 31, 2013: Mayor Boyer read the above and foregoing caption.
Applications for one position on the New Braunfels Utilities Board of Trustees were received from Richard Myrick and Judith Dykes-Hoffmann.
Mayor Boyer requested that each Councilmember pick one applicant during the roll call process.
The voting process produced the following results:
October 13, 2008 New Braunfels Regular City Council Meeting 9 16
Richard Judith Dykes- Myrick Hoffmann
Councilmember Zapata X
Councilmember Goodner X
Mayor Pro Tern Pospisil X
Councilmember Wiggins X
Councilmember Krueger X
Councilmember Digges X
Mayor Boyer X TOTALS 3 4
Following the vote, Judith Dykes-Hoffmann received the most number of votes and was appointed to the New Braunfels Utilities Board of Trustees for a term ending October 31, 2013.
DISCUSS AND CONSIDER APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD FOR THREE YEAR TERMS ENDING OCTOBER 13, 2011: Mayor Boyer read the above and foregoing caption.
Applications for three positions on the Parks and Recreation Advisory Board were received from David Davenport, Kyle Estes, Gary Fahrni, James T. Blakey, II, and Rustin Adams.
Mayor Boyer requested that each Councilmember pick three applicants during the roll call process noting that the applicants receiving at least four votes would be appointed.
The voting process produced the following results:
David Kyle Gary James Rustin Davenport Estes Fahrni Blakey Adams
Councilmember Zapata X X X
Councilmember Goodner X X X
Mayor Pro-tem Pospisil X X X
Councilmember Wiggins X X X
Councilmember Krueger X X X
Councilmember Digges X X X
Mayor Boyer X X X TOTALS 7 6 1 6 1
October 13, 2008 New Braunfels Regular City Council Meeting 10 17
Following the vote, David Davenport, Kyle Estes and James T. Blakey, II received the most number of votes and were appointed to the Parks and Recreation Advisory Board for terms ending October 13, 2011.
DISCUSS AND CONSIDER APPOINTING FOUR MEMBERS TO THE LIBRARY ADVISORY BOARD WITH THREE MEMBERS SERVING THREE YEAR TERMS ENDING SEPTEMBER 26, 2011 AND ONE MEMBER SERVING AN UNEXPIRED TERM ENDING SEPTEMBER 26, 2009: Mayor Boyer read the above and foregoing caption.
Applications for four positions on the Library Advisory Board were received from Nancy Ament, Scott Payne, Pauline Reynolds, SuzAnne C. Cole, Alice M. Broderick, Jane Goodner, and James T. Blakey, II.
Mayor Boyer requested that Councilmembers first choose three applicants to serve the three full terms and then choose an applicant from the remaining field to serve the unexpired term ending September 26, 2009.
Councilmember Goodner noted that he had a conflict of interest and would be recusing himself from the vote due to his mother's submission of an application.
The votin
Pauline AliceM. Jane James Reynolds Broderick Goodner Blakey
Councilmember Zapata
Councilmember Goodner
Mayor Pro Tern Pospisil X X X
Councilmember Wiggins X X X
Councilmember Krueger X X X
Councilmember Digges X X X
Mayor Boyer X X X TOTALS 2 0 6 4 0 6 0
The following table determined the fourth position related to the short term.
Nancy Scott AliceM. James Ament Payne Broderick Blakey
Councilmember Zapata X
Councilmember Goodner X
Mayor Pro Tern Pospisil X
Councilmember Wiggins X
Councilmember Krueger X
October 13, 2008 New Braunfels Regular City Council Meeting 11 18
X Mayor Boyer X TOTALS 6 1
Following the vote, Pauline Reynolds, SuzAnne C. Cole and Jane Goodner were appointed to the Library Advisory Board for terms ending September 26, 2011 and Nancy Ament was appointed for an unexpired term ending September 26, 2009.
EXECUTIVE SESSION - DELIBERATE PENDING/CONTEMPLATED LITIGATION, SETTLEMENT OFFER(S), AND MATTERS CONCERNING PRIVILEGED AND UNPRIVILEGED CLIENT INFORMATION DEEMED CONFIDENTIAL BY RULE 1.05 OF THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT, IN ACCORDANCE WITH SECTION 551.071. OF THE TEXAS GOVERNMENT CODE. (New Braunfels /.H. 35 Retail Associates, L.P. vs. City of New Braunfels): At 7:30 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned item.
City Council returned into public session at 9:06p.m., with no action being taken by City Council during the closed session or public session. City staff present during the executive session were City Manager Morrison, City Attorney Wayland and City Secretary Resendez.
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: At 7:30 p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned item.
City Council returned into public session at 9:06p.m., with no action being taken by City Council during the closed session or public session. City staff present during the executive session were City Manager Morrison, Assistant City Manager Camareno, City Attorney Wayland, City Secretary Resendez, and Planning and Community Development Director Mattingly.
EXECUTIVE SESSION - DISCUSSIONS OR DELIBERATIONS REGARDING COMMERCIAL OR FINANCIAL INFORMATION THAT THE CITY HAS RECEIVED FROM A BUSINESS PROSPECT THAT THE CITY SEEKS TO HAVE LOCATE. STAY. OR EXPAND IN OR NEAR THE TERRITORY OF THE CITY AND WITH WHICH THE CITY IS CONDUCTING ECONOMIC DEVELOPMENT NEGOTIATIONS; OR TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT OF THE SORT DESCRIBED IN THIS PROVISION. IN ACCORDANCE WITH SECTION 551.087, OF THE TEXAS GOVERNMENT CODE: At 7:30p.m., Mayor Boyer announced that City Council would go into executive session in Conference Room B to discuss the above mentioned item.
October 13, 2008 New Braunfels Regular City Council Meeting 12 19
City Council returned into public session at 9:06 p.m., with no action being taken by City Council during the closed session or public session. City staff present during the executive session were City Manager Morrison, City Attorney Wayland, City Secretary Resendez, and Support Services Director Korinchock.
ADJOURNMENT: This Regular meeting adjourned at 9:06 p.m.
Date Approved: October 27, 2008
By: R. BRUCE BOYER, MAYOR
Attest:
MICHAEL A. RESENDEZ, CITY SECRETARY
October 13, 2008 New Braunfels Regular City Council Meeting 13 20
f',Cityof ~ .. New Braunfels City Council Agenda Item Report October 27, 2008 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 NIA I City Plan/Council Priority: I
FISCAL IMPACT: N/A
BOARD/COMMISSION RECOMMENDATION: N/A
STAFF RECOMMENDATION: N/A
0 21
~,City of :,~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 3(A-J) Presenter/Contact- Various
SuBJECT: CONSENT AGENDA
Item Description Source Status A APPROVAL OF THE SECOND AND FINAL READING OF AN S. Ramsey 151 reading ORDINANCE ESTABLISHING A SPEED ZONE ON FM 482 FROM approved SOLMS ROAD (MP 6.567) TO THE IH 35 FRONTAGE ROAD (MP unanimously at the 7.568); REPEALING ALL ORDINANCES IN CONFLICT; 10/13/08 meeting. PROVIDING AN EFFECTIVE DATE.
B APPROVAL OF THE FIRST READING OF AN ORDINANCE S. Ramsey Non-controversial. AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF CASTELL AVENUE AND GARDEN STREET AND S. HICKORY AVENUE AND STONEWALL STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.
C APPROVAL OF THE FIRST READING OF AN ORDINANCE S. Ramsey Non-controversial. AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY ADDING SECTION 126-346 (F)(78)&(79) TO DESIGNATE A SPECIFIC NO PARKING ZONE ALONG THE 400 BLOCK OF S. CASTELL AVENUE AND E. TORREY STREET; REPEALING ALL ORDINANCES IN CONFLICT; ADDING A SAVINGS CLAUSE; AND GIVING AN EFFECTIVE DATE.
D APPROVAL OF INTERLOCAL AGREEMENTS BETWEEN THE D. Vogel See briefing sheet. CITY OF NEW BRAUNFELS WITH HAYS AND GUADALUPE COUNTY DISTRICT ATTORNEY'S OFFICES ALLOWING THE CITY TO SHARE IN THE PROCEEDS OF ASSETS SEIZED/FORFEITED, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS.
E APPROVAL OF A MODIFICATION OF THE CONTRACT WITH M. Quinones See briefing sheet. TRU-CUT LANDSCAPE FOR LANDSCAPE AND MAINTENANCE SERVICES.
F CONSIDER ACCEPTING THE RECOMMENDATION ON THE S. Mattingly See briefing sheet. WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE CONCERNING ACCEPTANCE OF THE SEMIANNUAL WATER AND WASTEWATER IMPACT FEES REPORT FOR THE PERIOD OF JANUARY 1, 2008, THROUGH JUNE 30, 2008.
G AUTHORIZATION FOR CITY MANAGER TO APPROVE CHANGE S. Ramsey See briefing sheet. ORDERS 1 AND 2 TO THE CONTRACT WITH RODMAN LLC FOR CONSTRUCTION SERVICES ON THE WALNUT AVENUE EXTENSION PROJECT. 22
H AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AN S. Hartin See briefing sheet. INTERLOCAL AGREEMENT WITH COMAL COUNTY TO SHARE THE EXPENSES OF A JUVENILE CASE MANAGER.
APPROVAL OF THE APPOINTMENT OF THREE MEMBERS TO M. Resendez See briefing sheet. THE BUILDING STANDARDS COMMISSION REPRESENTING THE DEVELOPMENT, HOME BUILDING AND REAL ESTATE PROFESSIONS FOR TERMS ENDING OCTOBER 26, 2010 AND ONE MEMBER FROM THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO SERVE ON THE CENTRAL TEXAS TECHNOLOGY CENTER ADVISORY BOARD FOR A TERM ENDING APRIL 26, 2011.
J APPROVAL OF A RESOLUTION AUTHORIZING THE CITY V. Brown See briefing sheet. MANAGER TO ACCEPT A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INCENTIVE - SPECIAL PROJECT GRANT, B-08-SP-TX-0131, IN THE AMOUNT OF $98,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD.
BACKGROUND/RATIONALE: N/A
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
I City Pian/Council Priority: I
FISCAL IMPACT: N/A
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
N/A 23
ORDINANCE NO. 2008-__
AN ORDINANCE ESTABLISHING A SPEED ZONE ON FM 482 FROM SOLMS ROAD (MP 6.567) TO THE IH 35 FRONTAGE ROAD (MP 7.568); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, in the City of New Braunfels, Texas, engineering and traffic investigations have been conducted by the Texas Department of Transportation in order to determine reasonable and prudent speeds on portions of FM 482 within the corporate limits of the City of New Braunfels; and
WHEREAS, FM 482 from MP 6.567 at the Solms Road easterly to the IH 35 frontage road at MP 7.568, for a total distance of 1.001 miles approximately; and
WHEREAS, it has been determined by said engineering and traffic investigations, that the traffic speed as described below is the maximum reasonable and prudent speed on said section of highway described above are as shown on the attached plans.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
THAT the maximum reasonable and prudent speed limit on said highway to be shown on the above plans.
FURTHER that if any of the provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other part of the same which are not held void or unconstitutional shall remain in full force and effect. All other ordinances or parts of ordinances in conflict herewith are repealed to the extent that they are in conflict.
FURTHER, 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 day of October 13, 2008.
PASSED AND APPROVED: Second reading this the day of October 27, 2008.
CITY OF NEW BRAUNFELS, TEXAS
R. BRUCE BOYER, MAYOR ATTEST:
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
ALAN WAYLAND, CITY ATTORNEY 24
TeK@J$ EDep@rftonc&Jn1Jfi ©l! Tr@J£1J~[e»@rftar!!:ff@ff'V P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110
New Braunfels Area Office 2940 IH 35, South New Braunfels, Texas 78130-7032 (830)625-6278 or 609-0707
August 28, 2008
Mr. Michael Monison City Manager City ofNew Braunfels PO Box 3 1 1 7 4 7 New Braunfels, Tx 78131-174 7
Subject: Request for City Ordinance to Lower a Posted Speed Limit FM 482 New Braunfels (Coma! County)
Mr. Morrison:
Attached for the City ofNew Braunfels' consideration is a strip map for FM 482 to reduce the posted 45 miles per hour (mph) speed to 40 mph. The limits of this change will be from Solms Road (Milepoint 6.567) to the IH 35 frontage road (Milepoint 7.568). As requested by the City of New Braunfels, this speed reduction is from an engineering and traffic investigation that has been conducted as required by the Transportation Code Sec. 545.353, Authority ofTexas Transportation Commission to Alter Speed Limits.
It is requested that City Council take action to execute the necessary city ordinance concerning this request. A copy of a sample ordinance is also attached for the convenience of the City.
A copy ofthe executed City Ordinai1ce would be greatly appreciated. Ifyou require any clarification concerning this request, please don't hesitate to contact me at (830)609-0707.
Sincerely.
I~=It-~~ D Greg A. Malatek, PE Area Engineer
Attachment
An Equal Opportunity Employer J.-5'
SCHERTZ Ut-e I 4)-- 9 {m5
85 PERCENTILE SPEED ' TOP SPEED MEASURED
' NUMBER OF CARS CHECKED -w FATAL ACCIDENTS SPEED ZONE • PERSONAL INJURY ACCIDENT ~ PROPERTY OAMACE ACCIDENT SHEET A JNOJCATES SECTION ZONED .. BY COt.NISSIOO MINUTE ~ "'I ,.------·-
0 ~1 N71° 48'£
85 PERCENTILE SPEED 2 TOP SPEED MEASURED ~5 NUMBER Of CARS CHECKED ZONE FATAL ACCIDENTS SPEED SHEET 8 • PERSONAL INJURY ACCIDENT ~ PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED --@-- .. BY COt.NlSSI~ Mll'ruTE 26
Braunfels City Council Agenda Item Report ~J"'-, N~~ . - October 27, 2008 Agenda Item No. 3 5 Presenter/Contact- Steven Ramsey, Public Works Director (830) 221-4020- [email protected]
SUBJECT: APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75- 10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF THE TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF CASTELL AVENUE & GARDEN STREET AND S HICKORY AVENUE & STONEWALL STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS
BACKGROUND/RATIONALE:
In general, based on the Transportation and Traffic Advisory Board discussion, the board feels that installation of stop signs at the following areas would be beneficial to the residents of New Braunfels: • NW corner of S. Castell Avenue at W. Garden Street • SE corner of S. Castell Avenue at W. Garden Street
Installation of these stop signs will be accompanied by the painting of a pedestrian crosswalk across S. Castell Avenue at Garden Street.
Also, the board feels that replacing the existing yield signs with stop signs at the following areas would be beneficial to the residents of New Braunfels: • NE corner of Stonewall Street and S. Hickory Avenue • SW corner of Stonewall Street and S. Hickory Avenue
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A 2006 Comprehensive Plan- Goal 21: Provide a system of convenient and safe transportation facilities v Yes City Plan/Council Priority: through comprehensive, cooperative and continuing transportation system planning and development.
FISCAL IMPACT:
None.
BOARD/COMMISSION RECOMMENDATION:
The Transportation and Traffic Advisory Board has unanimously recommended amending the ordinance to include stop signs at the above locations.
STAFF RECOMMENDATION:
Staff recommends the installation of the stop signs at the locations indicated in the attached ordinance.
Page 1 of 1 27
ORDINANCE NO. 2008-__
APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF CASTELL AVENUE & GARDEN STREET AND S HICKORY AVENUE & STONEWALL STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS
WHEREAS, after engineering and field investigation, the Public Works Department has recommended that traffic control signs be installed on certain streets, avenues, thoroughfares and boulevards within the corporate limits of the City of New Braunfels in order to protect the health, safety and welfare of the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
I. THAT Ordinance Number 75-10 dated April 28, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following locations in the corporate limits of the City of New Braunfels, Texas:
STOP SIGNS: 991 On the NW corner of S. CASTELL AVENUE at GARDEN STREET to stop traffic prior to entering GARDEN STREET.
992 On the SE corner of S. CASTELL AVENUE at GARDEN STREET to stop traffic prior to entering GARDEN STREET.
AND Ordinance Number 75-10 dated April 28, 1975, is hereby amended to authorize the removal of yield signs and replace with stop signs at the following locations in the corporate limits of the City of New Braunfels, Texas:
285 On the SW corner of STONEWALL STREET at HICKORY AVENUE to cause traffic to stop prior to entering HICKORY AVENUE.
286 On the NE corner of STONEWALL STREET at HICKORY AVENUE to cause traffic to stop prior to entering HICKORY AVENUE.
II.
THAT the Public Works Department is directed to obtain and install the traffic control signs in the locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for the health, welfare and safety of the citizens of New Braunfels.
Page 1 of 2 28
III.
THAT all provisions as set forth in Ordinance Number 75-10 dated April 28, 1975, will be and
remain in full force and effect as though written in full in this ordinance.
IV.
THAT all provisions hereof are hereby declared to be severable and if any provisions hereof is
declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions
hereof which will be and remain in full force and effect.
v.
This Ordinance shall take effect after its second and final reading and ten days after publication
pursuant to city charter.
PASSED AND APPROVED: First reading this the day of October 27, 2008.
PASSED AND APPROVED: Second reading this the day of November 10, 2008.
CITY OF NEW BRAUNFELS, TEXAS
R. BRUCE BOYER, MAYOR
ATTEST:
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
ALAN C. WAYLAND, CITY ATTORNEY
Page 2 of 2 29
~ ,Cityof City Council Agenda Item Report ~~New....., Braunfels - October 27, 2008 Agenda Item No. 3__C, Presenter/Contact- Steven Ramsey, Public Works Director (830) 221-4020- [email protected]
SUBJECT: APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS BY ADDING SECTION 126-346 (F)(78) & (79) TO DESIGNATE A SPECIFIC NO PARKING ZONE ALONG THE 400 BLK OF S CASTELL AVENUE AND E TORREY STREET; REPEALING ALL ORDINANCES IN CONFLICT; ADDING A SAVINGS CLAUSE; AND GIVING AN EFFECTIVE DATE.
BACKGROUND/RATIONALE:
Based on the Transportation and Traffic Advisory Board discussion, the board is of the consensus that the No Parking Zones will create a safer environment for the following areas: • S. Castell Avenue - 1O-ft south of the entrance to City Hall · Torrey Street- 164-ft east of the Raven Star building at 776 E. Torrey Street on the south side
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A 2006 Comprehensive Plan- Goal21: Provide a system of convenient and safe transportation facilities -.: Yes City Plan/Council Priority: through comprehensive, cooperative and continuing transportation system planning and development.
FISCAL IMPACT:
None.
BOARD/COMMISSION RECOMMENDATION:
The Transportation and Traffic Advisory Board has unanimously recommended amending the ordinance to include the installation of No Parking Zones on Castell Avenue and Torrey Street.
STAFF RECOMMENDATION:
Staff recommends the installation of the No Parking Zones for the areas indicated in the attached ordinance.
Page 1 of 1 30
ORDINANCE NO. 2008-__
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CTIY OF NEW BRAUNFELS, TEXAS BY ADDING SECTIONS 126-346 (F)(78) & (79) TO DESIGNATE A SPECIFIC NO PARKING ZONE ALONG THE 400 BLK OF S CASTELL AVENUE AND E TORREY STREET; REPEAUNG ALL ORDINANCES IN CONFUCT; ADDING A SAVINGS CLAUSE; AND GIVING AN EFFECTIVE DATE.
WHEREAS, the Transportation and Traffic Advisory Board has recommended amending the ordinances to add a no parking zone within the Cotton Crossing Subdivision; and WHEREAS, the City Council of the City of New Braunfels, Texas has determined that the City's parking ordinance should be amended as recommended by the Public Works Director. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: I.
That the City of New Braunfels Code of Ordinances is hereby amended by adding Section 126-346(f) as follows:
SEC. 126-346. STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES.
(f)(78) On the south side of 5. Castell Avenue from the second entrance to City Hall southeast for a distance of 10 feet, such no parking zone shall be designated as a tow away zone.
(f)(79) On the south side of E. Torrey Street from the southwest corner of the driveway at 776 E. Torrey Street southwest for a distance of 164 feet, such no parking zone shall be designated as a tow away zone.
II. THAT all provisions hereof declared to be severable and if any provisions hereof are declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions hereof which remain in full force and effect.
III. All other ordinances or parts of ordinances in conflict herewith are repealed to the extent that they are in conflict.
IV. 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.
Page 1 of 2 31
PASSED AND APPROVED: First reading this the day of October 27, 2008.
PASSED AND APPROVED: Second and final reading this the day of November 10, 2008.
CITY OF NEW BRAUNFELS, TEXAS
BRUCE BOYER, MAYOR ATTEST:
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
ALAN C. WAYLAND, CITY ATTORNEY
Page 2 of 2 32 f' ,City of ~-..New Braunfels City Council Agenda Item Report October 27, 2008 Consent Agenda Item No. 3 D Presenter/Contact- Doug Vogel, Acting Fire Marshal (830) 221- 4202 - [email protected]
SUBJECT: APPROVAL OF INTERLOCAL AGREEMENTS BETWEEN THE CITY OF NEW BRAUNFELS WITH HAYS AND GUADALUPE COUNTY DISTRICT ATTORNEY'S OFFICES ALLOWING THE CITY TO SHARE IN THE PROCEEDS OF ASSETS SEIZED/FORFEITED, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENTS.
BACKGROUND/RATIONALE:
Staff requests lnterlocal agreements with Hays and Guadalupe County District Attorney's Offices and New Braunfels Fire Department regarding Seizures/Forfeitures. These agreements are required under the Code of Criminal Procedures.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
~ N/A Yes I City Plan/Council Priority: I
FISCAL IMPACT:
The agreement allows our city to share in the proceeds of assets seized or forfeited in cases New Braunfels Fire Department files in the aforementioned counties.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the lnterlocal Agreements and authorization for the City Manager to execute the agreements.
Page I of I 33 r- __, City of ~~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 3 t Presenter/Contact- Mary Quinones, Purchasing Manager (830) 221-4389 - [email protected]
SuBJECT: APPROVAL OF A MODIFICATION OF THE CONTRACT WITH TRU-CUT LANDSCAPE FOR ADDITIONAL LANDSCAPE AND MAINTENANCE SERVICES
BACKGROUND/RATIONALE: On September 8, 2008, Council approved renewal of the contract with Tru-Cut Landscape for landscape and maintenance services for various locations around the City including administrative facilities, park facilities, medians for streets, fire stations and the Civic Center. A modification is now proposed to add properties to the existing contract.
The New Braunfels Civic/Convention Center's completion has created additional landscaping needs. These needs include: mowing, trimming, blowing off grass clippings and removing debris from grass and beds (39 times annually); applying fertilizer and weed control (4 times annually); pruning ornamentals, pulling weeds and trimming ground cover (9 times annually); fire ant control (2 times annually); refreshing and replacing mulch and installing seasonal color around building and in court yards (4 times annually).
Fire station #4 at Kerlick Avenue (no longer in use) requires mowing, trimming and blowing off grass clippings (12 times annually). Fire Station #6 will require mowing, trimming, and blowing off grass clippings (20 times annually) plus maintaining the flowerbeds (9 times annually) and shredding the outer area if needed.
The Walnut Avenue properties will need an initial cleanup and then mowing, trimming and blowing off grass clippings (26 times annually) until the street construction begins. The Parks and Recreation Department has negotiated with Tru-Cut for a flat rate on the mowing services for the 16 remaining properties.
The estimated annual cost for these additional services is: Civic Center $29,590 Fire Stations 4 and 6 6,660 Walnut Ave Widening properties 39,000 Estimated Total $75,250
This contract is a requirements contract and can be adjusted as needed.
Page I of2 34
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
I City Plan/Council Priority:
FISCAL IMPACT: The cost of these additional services is partially funded in the FY 2008-09 Budget in two departments - Parks and Recreation (General Fund) for the fire stations (as are other fire stations and administrative buildings) and the Civic Center Fund. The Civic Center Fund, however, includes only $8,000 for this expense. Sufficient funds are included in this fund's overall operating expense budget (a combination of multiple line items) to cover this contract. Staff will continue to monitor expenditures in this fund to determine if a budget adjustment may be required as the fiscal year progresses. The $39,000 for the Walnut Ave. properties is an unbudgeted expense that can not be paid with debt proceeds. The services for these properties will be paid from the Public Works General Fund budget. Again, staff will continue to monitor expenditures in this budget to determine if a budget transfer may be required as the fiscal year progresses. The Parks and Recreation Department budget also has a total of $155,000 for landscaping services; the estimated cost including these additional services is now $189,500. This budget will also be monitored as the year progresses.
BOARD/COMMISSION RECOMMENDATION: N/A
STAFF RECOMMENDATION: Approval of a modification of the contract with Tru-Cut Landscape for additional landscape and maintenance services.
Page 2 of2 35 ,.--,City of ~-..New Braunfels City Council Agenda Item Report - October 27, 2008 Agenda Item No. 3 F Presenter/Contact- Shannon Mattingly, Director of Planning (830) 221-4055 - [email protected]
SUBJECT: CONSIDER ACCEPTING THE RECOMMENDATION OF THE WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE CONCERNING ACCEPTANCE OF THE SEMIANNUAL WATER AND WASTEWATER IMPACT FEES REPORT FOR THE PERIOD OF JANUARY 1, 2008, THROUGH JUNE 30, 2008.
BACKGROUND/RATIONALE:
Chapter 395 of the Texas Local Government Code requires a report showing impact fee collection activity to be filed semiannually with the Impact Fee Advisory Committee who then forwards such report to City Council. On October 8, 2008, Roger Biggers, New Braunfels Utilities, presented the attached report to the (Water and Wastewater) Impact Advisory Committee.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
..J NIA Yes I City Plan/Council Priority: I
FISCAL IMPACT:
N/A.
BOARD/COMMISSION RECOMMENDATION:
On October 8, 2008, the Water and Wastewater Impact Fee Advisory Committee unanimously recommended that the City Council accept the report.
STAFF RECOMMENDATION:
Staff recommends approval.
U:\Pianning\CCagenda\lmpact Fee Report\lmpact Fee Report util1-1-08 to 6-30-0S.doc
Page 1 of 1 36
OCT zonr. New Braunfels Utilities
July 11, 2008 1008
Mr. Robert Kinsey Interim Director of Planning and Zoning City of New Braunfels 424 South Castell Ave New Braunfels, TX 78131
Re: New Braunfels Utilities Impact Fee Advisory Committee Report for the period of January 1, 2008 through June 30, 2008
Dear Mr. Kinsey:
According to Chapter 395 of the State Government Code a report should be filed semiannually with the Advisory Committee that was established to advise the City Council on the Impact Fee program during its development. This is New Braunfels Utilities report submission to the advisory committee. The City of New Braunfels Planning and Zoning Commission, an appointed resident of the ETJ, the New Braunfels Utilities Chief Executive Officer and the New Braunfels Utilities Chairman of the Board make up the Advisory Committee.
Impact Fee collection activity for the period of January 1, 2008 through June 30, 2008 was as follows:
Number of Fees Collected Dollars Collected
Water: 339 $299,832.40
Sewer: 291 $391,691.12
Semi Annual Total: 630 $691,523.52
Total From Inception: 8,743 $9,018,458.38
The Total From Inception indicates the running total of fees collected smce the beginning of the new Impact Fee Program beginning February 1, 2001.
New Braunfels Utilities· 263 E. Main Plaza· P.O. Box 310289 • New Braunfels, Texas 78131-0289 Bus: 830-629-8400 ·Metro: 830-606-2074 ·Fax: 830-629-2119 37
New Braunfels Utilities
Impact Fee expenditures for the period January 1, 2008 through June 30, 2008 were as follows:
Purpose Dollars Expended
Water: County Line Rd Elevated Tank Oversizing $190,818.61
Sewer: $0
Semi Annual Total: $190,818.61
Total From Inception: $2,007,697.42
The net impact fee total from inception-to-date is $7,010,760.96.
The Capital Improvements Plan (CIP) for the new Impact Fees does not include funding for any water line extension in the system or for any sewer main extensions 12 inches or less in diameter. Costs for line extensions in the system are expected to be paid for directly by the developments requiring the extensions. The infrastructure improvements included in the CIP were limited to sewer trunk mains greater than 12 inches in diameter, centralized facilities such as expansion to water and wastewater treatment plants, elevated storage tanks, booster stations, and lift stations. None of these designated improvements have been funded with the impact fees. The current budget includes a portion of these fees to fund eligible debt service payments beginning in fiscal year 2004 and continuing through 20 10 as reported above.
If there are any questions regarding this report please do not hesitate to call Roger Biggers, Executive Director of Water Services, at 830-629-8470.
Sincerely,
~DawnButrym Accounting Manager
copy: Roger R. Biggers, P.E., Executive Director of Water Services, NBU
New Braunfels Utilities· 263 E. Main Plaza· P.O. Box 310289 ·New Braunfels, Texas 78131-0289 Bus: 830-629-8400 • Metro: 830-606-2074 • Fax: 830-629-2119 38
~.,Cityof ~U New Braunfels City Council Agenda Item Report October 27, 2008
- Agenda Item No. -1..§ Presenter/Contact- Steven Ramsey, Pulllic Works Director (830) 221-4020- [email protected]
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO APPROVE CHANGE ORDERS 1 & 2 TO THE CONTRACT WITH RODMAN LLC FOR CONSTRUCTION SERVICES ON THE WALNUT AVENUE EXTENSION PROJECT
BACKGROUND/RATIONALE:
City Council awarded the construction contract for the Walnut Avenue Extension Project to Rodman, LLC (Rodman) on April 28, 2008. Rodman has completed Phase A of the project and is ahead of schedule on the remaining work.
During construction to date, numerous items have been added, deleted or substitute material approved.
Significant changes include: The addition of a left turn lane at Frances Street and the closure of Shenandoah The substitution of a different design for handrail Deletion of some of the planned retaining walls as they are no longer necessary Adjustment in the quantity of riprap to reflect actual in place quantity
For the most part, adjustments through change order 1 balance out. There was an error in the bid quantity established by the consulting engineering firm for concrete riprap which resulted in an increase of 657 cubic yards at $500 per yard. With a correct quantity, the original bid would have reflected the $326,500 at the time of bid instead of the addition through the change order process. This error did not affect the order of bidders had the quantity been correct initially and Rodman LLC would have remained low bidder. When Council awarded the construction contract, a contingency of $540,037.08 was approved to cover changes in the project. Change orders 1 and 2 result in a total increase of construction cost of $329,580.68, which will leave a balance in the contingency of $210,456.40. The project as awarded was significantly under the project budget, and as noted, after approval of these change orders, a significant balance will remain in the contingency account.
These changes are fully documented on Change Orders 1 and 2.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A v Yes I City PlaniCouncil Priority: 12006 Comprehensive Plan Goal 21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative and continuing transportation system planning and development.
FISCAL IMPACT:
The original budget for the project was $7,770,000. Due to the fact bids came in low, the overall project budget was reduced by $1,825,000 for the current total of $5,945,000. Change orders 1 and 2 result in a total increase of construction cost of $329,580.68, which will leave a balance in the contingency of $210,456.40.
BOARD/COMMISSION RECOMMENDATION:
N/A
Page 1 of 2 39
STAFF RECOMMENDATION:
Staff recommends City Council ratify the City Manager's execution of Change Order 1 and the City Manager be authorized to execute Change Order 2 to the construction contract with Rodman, LLC for the Walnut Avenue Extension Project and any further change orders within the total project contingency amount.
Page 2 of2 40
L Additiort~1t Fjpr.ap ccnc.rete .. (7/29/tJS} '1 Addition.aJ l'ype 2 c.tirb. (5r~ 9H)8) 3. .D.eJete ·13-pe 2 ~i~~-4()1'~()~~ curb. (5.n.9/08) 4. F.eset silt fencing.~ fhJrn statjon;~ 73 +50 t~> 8:1 +{! 1. (5,~23/08} 5 .. J-\.ckii:t!on~t1 5:':\..2 ·box. cuJvc.rt$. (5/2{)/08) 6. R~hly 36~~ .R(~P. (5/30/08) .Pun cn-rtcret{~ lNaU ft:n1l:t.S~. irl ph;.1se A., (6.:.5_/{}8) &. CJ(fJ.Jrt fi1r eHrnh:r~thH1 of .ret).·iining V-='?ilt$~ i.n ·phase JL (5/26/08) 9. "["~{IJR .. t\ 20~ .inlet changed tu1·-~{1lR.~·H 20~ inlet. {6/16~08) 10.. (:.redit :fc;r eHr:nination of TY1IR.... J'- 20' ~.n.h:t.s" {6/ ~ 6/08) -... 1 li. 1"'fli1~~-J\. ] 5:. inlet cha.nged t\) 1'\fliH.---I-$ ! 5 irde.L ( 6/ i 6/08) C:R.£1JI·r for eib'nh"taHr)n r:.f~:rYl.i!(~l\ 15 ~ ir11ers. (6/ l-6/08} L3. :R~:rn.crve~:rrs~:t l8H ~ZCP (!..,.,.(: 16). (6!26/08)
14. I\·tan·o\re. 24 H R(~·p (L~(~ I)... (6/26/08) Resrock~ng charge fr.:rr. f\>1anhoJ~ f\ ... 9. (6/26/0E) 1te:s:tocking cb.arge.. for 18g H_(;p (L~-..-\3). (6..::-'26/{)8). l~estt1ci~ing ch.argr: f{)r 2411 R(~P (L/··.t\8 c.~;_ L--/\9). {6!26/08) r\ddirional rc.i.nfin·c.lng st.e~d~ f(H· c.utb & _gu.tter .. (7: f.:t/{}8) J9. .t-\.dd.itinn:al r~~nf(;rcing stee1~ for curb~ (l/14/08') 2(L [i:e·.sign ctj_anges to Fntnccs Street~ (6/2 7/0S) 21 ./~dditif;naJ c::o.ncrete t}tr C~uivert r:t d~\:ener \~·~aH. {7. 2 L'08) 22~ _A;dditic~.~.ai irrigation valve-s. (7/9/08) J)esign changes to ir.rjgatiot: sys.tr:.rn. (6::13/08) 24, (~'JtElJIT fi.,r signal design change!' ftorn ·r:a~-r~_eras To 1onps. {5 ..-'26/08) ;:~:;. L~Rl~-DI"'f fb.r reta~n.ing \vall design substiturinn. {5/26/08)
26. (~:-RE:Drr l.br rnanlloh; d-esign cha.ngt~ r (5/26/0S) 27, (::ft.Ff>rr fb.r ej~xnina~"ion of .rnanhole t~9. (6.!26/U8) 28. !:R.. EI.Iff for e!irniB4.tion of I g~: stor.rn st.\ver run {L-i\3). (6/26!0?}) 29. CH.. El)i ...r f.br eHn1I-nation t>f 2-4'~- st.:>ITn £e,~:er runs {L ...P.)} & .. L.---:\9). {6/2f;/08) 30. (]\l~f)lT. for handrail substi.tut!{Ht (7/l8/(Y8) 3 L c:·pJ~DiT. for t=:litrdnatiu.n of casing pipe. c.tc;ssing titf:rn 5289. i}~ 12. (]tf:D!T. for eftirdnat.~-on of'"·c:·onstruct.ion Photos~~- it.t~n1 (.hern. 5 .l).
Reasons for {]·(ange ().rder: 1. Chiginal bid quantir_y did no{ acc:(HH~~x f£-,r toes~ C"tnh.::.re:r:.; channel drops .. footings and sorne J:r-: rfpra·.p ViJas C(;Uni~e.d as 5~·!' dJJt.ap~
.L.. 1~~e.ter ru J<..Fl # l -~ ~ii)isregard (UlY refcrenct' to (':(Ji1;.J{:·RETI~ CT.:JU.S O'vj()fi{)) c-.r-~YP.E H) r:nd (;nly use (~"()~~{j{_ETJ.:. c:tJR.B (T"YPE-II) Cd1 this pr~1jec-t..~~ ~ H:.efe:r to H.fi if l -~ ~·1}isregard any re-ference to (~_(Jt..JCJZ-E~TE~ (~:l}RJ3 (}..-fC~}.JC)) (T·Y'PE n) a:nd {~nJy use L~()J<:J.(J{E'TE C:l.J.R.B (T"l'FE li) on this pruje.cL~~ 4. Reset sH~ ftn.Ct.\ due!';) rexnov::~i efretainlng '-·V-f~lls fff.nr~ 73··:·.-50 tr~ 8.1+01.~ per Jitn -r·~}e1n.
~.- .) . 6. I-tela;/ 36n llC~f\ due to incorre.ct slope <;_,~on pkrn:;. ·rhis t":;Xtra -...vork perfn-rrned as a h.Hnp ;::u.rn~ nut per Lf. 7 fZf:f{;r to \-\I(~l} # l ~ ·RetB.in1n.g v..:-aUs dr:k·ted in Pha::~:f; /~"i~ per J i:rn K leitL \\? ork perf(jnned ?!S r~ H.Itnp surn. 41
Pr.ojt~<.·.t l:~a.rn-e: \\la~rrur /~ venu;-~- Exh.-:nsic-n ()Viner ~-Jarne: c~~ry Gf:~!,e"\:t; Braunfi::}s
------~·--·------·----·------·-~--
8. Ret~r to \l~-'C~i) # 1 l~ #1 "'(:RII)JT for e·Hmi.nat~orr c!f Phase A•. re~aining \\':;dJs= p{:!' J i.tn KJein. 9. R.et]!r lu !lfl #J 5 , 1~\:'"1IH>.A 20" inl-et changed "EO r··vJ.IJt .. -B 2(J' inJet. H). H.efer to P~.Fl :t? 1.5 - ('recUt tOr eHrnin.ation. crf 1~~lriR ... /~ 2lY inlets.. i J. H.efer tu H.. FI #15 - ·r-YJIR:·,A,._ 1s~ inlet Ch1in~..-{::d to 'f):JIFt-B 15~ in!t:-t. 12. Ftefer 1\} RF'l #:% 5 · c:·p-J::orr for e!irnin.ation of·'f\'liR·.A. 15· iniels.. !3. S-ee pla.n sht;et J 78- tJ.. c.rnove/reset llr: J~(:p CL--(~16)~ due ~o (}\.rr~c: rc~t:ph(rne pe-1{:\ 14; See pk~n shee.t 179 -- f{e-rnove 24!~- ·Rc~p (I. .... c.~· ~):::due tc~ G\lEC:. te.1ephone poJe_ 15. Ste pian sheet 173 ·~ Resto,~king charge fOr !-AanhG~e. 1-\-S. 16. Se:{3 plan sh2et 173 -~, Re·st-nc.king ch~;rge f(}r 18 1 ~ llC~P (L--A3) .
1 .i 7. See ·p!an sht:.et .172 -r. R.estDc.king charg;! fur 24 ~ Jt(~P (L-.;~8 & L--A9). 18. /'lddition of te~nfbrcing st~-e~ to cur"!; & gutter~. f.?~r J>in1 KJe.in. at $J. 72 per Unear fOot. I 9. J~dditio.n of r€!.nfbr,:.h~g S.ift.el to curb~ p:er JUn KJe.in al $~.52 per Encar fc;nt. 2G. {.:~hanges tn F:rance.:s Street~ d.tH: to additi.vn £~fa 1e.ft turn iuri.t (ffl \Vatnut. 2!. iidrlit~onai c(;ncrete for {~.;:dv·ert ·e diverter -~A~a.H~ to- be paid a;f. t-iddir.§c~nrd concreie r~p:rap. 22. f~.et'er 10. :RJ~~l #1 ~ .,~ ~~~e-t incret~·e ~.n t-:rri-gation V1il"\re~i- (s-he-ets 235 & 23-6).
24.. (:REIJrT· f"br signal design chatigt:!' ffo~n catne.ra.s.to ·t·nops~ per J irn .f~J.{~irt 2.5. llcfer to llFI # t2 --· LtHnp su.rn. credit :t~J.r reta~ning ;vaH design sub.srirution. 2&~ C:R.EIJiT fbr rn.an.hoie d~·sign {~ha.nge .. \VaH thickne·;;s changed frotn 12 inch tt; 8 i:nt:JL 27. R.efe-r ttJ .I\.. fJ # J 6 ..... CRElJrr f{Jr -enn~lin.ation of m.anhole #9 a~ Franc~s Street. 28. RJ~ft:r to R.FI #.i6 -- c:H_EJ;IT' fbr eHrrd.n.aiior.t of~: g~~ stnrrn se:·\J;.:e.r run {t,-./(3)_. at.Ft·~~.nt::es. Stre-et "J{J "lt::::.fer tn RI'l #~6 --- CitEl1fT f~_Yr eihninar~on. c;f24N ~torn~ se~}iti runs (L-,A~& & L~·}\9)~ Ht f'ranc~es Stn.::et- 30_ (]{.EIJ!T fhr h;lnd.r.a.il SiJbstitution~, H) a -ry]n; .E~ r.ypt~ r:::-!iliJ..~g. 31. (_'REi.>rr fOr t~i;r;)inai~t";.r~ i)f cas.Hifl. piJ.... e cr\.)::~~int: i;1!~iafh :tcJ~:irt.;i for ;?Jtt.;re u~~!itv cr~:)Ss~r;g. 32# (~R£:-i)fT' fbr {dhn!nfltion -or·~;c:vn~tn.ltli(~n Fbf)tos~~ ~t-e.tn,. per Ji.rn !-:Jc-in..
CONTRACT PRICE ·-r~::.1 f1.naJ £~.QDJtJ.l?}1.tllil {)rigi.n.aJ:
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()dg:,na~ c: o.rnp.k:.tion [)ate: Revised f~.o.n1ple-rion IJ:;.te:
The. Cc•. ntn:.cfi:lt agH~e:s thar th~~<· Change C!rder inehKk:;;. any and r~u c:Js~s ;1ssGciat~-sd \v.hh or resuhing fh::~.rn the. chung-~{5) ordered herein.~ inciilr.hr~& ttH ~.rnpa.t!:~ dt~iays~ arid B.C{:~f"e:ration cns!s.. Other than !he doE~.r m~n.outH. and tixnt aHC?\.\'/tlnce Est~'{'! at:-.;.)\re.~ there .sb~H t}!~ nn ft~rt"h:tt tirne {JJ dt".~ilar tf:rnp-t;~]Sa~ion ~s z :rtstdi nfthJs Change (trde.r.
T;~B.S 'fX)CLY\tE~~=T SJ-li\.LL BE('()1¥lE /d~J 1~~\fE:r.n:;r~~tENl .. T{) THE C(}}tf.ftA\.~l·l~~r~J.) A..LL S'T!Pl)LATJCJ!;;s A.NI) C()\ll::Nf\1 P.n:j.€!-ct l~~&ne: \~ia~nut A. ~,.-·~5rHJs: EJ<.tt;nsitln (Fv-~·ne:r i.,.~a.tne~ c.·_:!ty of}~e~v BraunftJs i-'" p=~""" ~~1"'· ~_;;_f_{f"rtz ./t..~'k(;ciat.f:-5 ...... l~~;r.!'... -._;.~._ ·-~--~---·--;_~---~--,..~--·---.--...... ----·------~-______.. __ ,_ ____ .- r.: . .·,...,.;-· L-_; _...... ~:· .... ~~---... ~.....:.::.=;.. ___.·_,..,. • .,... __ _::~~.X -~~--~---·-··"'--n-···~~·----...... ~~--.. ______1-f_::__~:c:::__~J::::.____ ~------Dr~ti; Change Order ttl 8/22/2008 W ·a·.. ·lt· . 1..11. · t·· ·E···':'\_,x ··. t·· <=~.:::;)n·~·· Sl() ·n .. A·~.· ,, d··.d,·:1w. ~ .. .. ·.,~.1( i:-·. 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""'""""'""""'""'""""' .w...... ::....:. _,:...... -) t~~~ .. ~ -~ ..·-·····-·-··-··i-··-··- ..··-· .. ----·-· ..·--·-·-·· .. -·-······-.. ----~·---·-· ..---··- .. --..... ---···-· .. --...... -·-·-·---·-.. -.... - .. -...... ·---.. -- .. ·--·-~·-·--.. ~· ___ ...., ... _...... ___ ...... ··-·---~~~~~E~~ ...... -... \ ~t--l_ ...... - ...... _...... - ...... _...... ______w ...... ______------r------r~~~ I , l to ·n ~t==-====~~======-=t-a-===~ Pc1ge 2 of 2. 45 Wah1u.t /\.venue. f:,xtension. (}wner ·f'~arrte: c:ity of l..Jew BrrtuntCls~ T·e?::-as CI-lANGE (JRI.Ji~:!~~ Engi~eer~ .Kk;_tz_ ~~~:.~!at,....""~-s______Page CHANG£ ORi)ER NO. 02 Descri~Yt~(}n: l. Modiikations to Jt5 B-! 4 $6,000 $10~653 3. Sherr-and.cFah !.;iosure· (per K1tttz-dra\.$~fng) $i 1~506 fL De~no t\sph..a.It b# c:oncre1e FiurneJ inc.hi-d~ng gra~.es and angh: iron c.. C~1ncrete side... ~vaH;: d.~ 6~:- T'VC p~pe:s under si-de~vaik (2) Re.ast:J.ns f{Jr Change t)rdec I. Jl:\ !5 14 \:va.$ {;.rdere.d \.-'1~-hen f\.udrn.a:n \Vi~~; given Notice tt) Prt~ceed.. ··rh-e p.tans indicate-d the· pipe corning int~l this t'\'JX t:Vere 24~~ Cfvt.P (· \Vhen hi fact they \\t{':I'e 3\f" c:tv1.P. 1'hrnu.gh a i.e:ng procens \)fne~gntiationt it \Va~~ agree-d t!Hit a t~oS:t of$6Jl00 t¥~5- a reasorHtble expense tn th~ (~ity~ .z.. ~rhe ~.. 1etaU Pte~1in {]uard Fi.;nc-e. at Klein R.o~1d \~'as nnt in the original desigtt ·rJ:ds guard raii ts necessary b--ocaus~ t)f th-e &lope. t)f the open chann~i- adj~ce·n~ tl) Klein R.oad~ 3. ~fhe SlH!ilandoah (~lt~):sure- ·t~otk is. civil \:;r:ork nc"Ce·ss~fll)1 to ac-c·ornnr:{}(fat~ the landsc~-ping at Shenan-doah \Vherc H "~dn no'-'' de~ad. ~rki. at \~l ain.at. CONTRACT PR~CE CONTR'.\Cl' TIM.ES {Calendar Days) 'Io substantial i·ro "fina! R.-!;;fz.tnrtt~JJi9J1_A_ £QPlttk;.t~Etn ·····~-·---220.~.. , ... c~ ~ .• ,A._.. ~::,..._,.,.,,_,, --·- ____ J:L1 ... ______]j.ft-... . ·······-----~tfA.. The Ci)ntraeto-r agn::<.:s that th.i~ (:hang.J.;: G!dtJ' ~nch~d:es any an.d ail c~Js-is as::.;iK_:.iat~d ·with ;;;r resulting ·i¥nn; tht r;hangr:.-{s) .-;;rder;.7d he-n~dn.. ~nt:!uding i~H irnpa::.::t d.ck~)-..S,. and ~cc-.;:~cratio-n tf)S'ts. ()tht~r th~1 the Ck1H~u· a~nuu.nt and. tirne alkn.~'t!ncr:: listed above, tht.rt shaH he· no ft~rth;::r dr.n~; or doihu: {:innp;JilStllio.n. !i.'; -~i result (1fthi~ -Ch-:.t-"1ge t}rde.r. Tl{tS Df)(~L~fvH:~·.r.;T SltALL BEC"fi[l/fE AN i\ME::r"H)rv1J:~NT· Tt) ·1TI.E (~(.)}~TT-t:\{_~·T AJ~"[J i\l.,L STiPt~I.i\THJI~S ,;\}JI) (~()'VE}·IA.t~·rs ()F Tl-1.E f~(t·!'-i.-i'R.A{~·l· St~~/\1 ..-.L ;:\YPL Y f-H:RETCt .. 46 (h.vn.er Name: C!ty ofNe.\v i.irau:nf{;.!s!· Tex~s CHANGE ORDER E~gine.er: _}(iof~ /lSSt~iate~s '1);aue '1 ~~ B~r:. _ .... ·-·-----~-~-... --.------..-~-.--~------~--~~~---.. ~------~-...... ~.-- \)\:" SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH COMAL COUNTY TO SHARE THE EXPENSES OF A JUVENILE CASE MANAGER BACKGROUND/RATIONALE: In August, 2007, the City and the County entered into a one-year agreement regarding the Juvenile Case Manager (JCM) position, each equally sharing the costs of the JCM's salary and benefits. The City's share totalled $22,492.00, in addition to mileage relating to services provided to the Municipal Court. This contract expired on August 27, 2008. During the term of this initial contract, the JCM kept a record of the number of juveniles cases that each court (Municipal Court and the 4 Justice of the Peace courts) referred to her so that each entity (City and County) would have better knowledge and information of the JCM's case load and which courts handle more juveniles than others. Based upon these referral numbers, JP #3 handles the most cases (86), Municipal Court the second largest (74), and the remaining three JP courts the least (61 ). Based on this data, the JCM contract was renegotiated as to the City's share of the expenses and the beginning and ending dates of the one year term. The expenses were lowered from one-half (1/2) to one-third (1/3) or from $22,492.00 to $14,994.68, a savings of $7,497.32. The beginning and ending dates of the initial contract were changed from September 1, 2007 and August 31, 2008 to beginning on August 1, 2008 and ending on July 31, 2009. The remainder of the terms of the new contract remain the same as last year's contract. In 2005, the Texas Legislature saw a need for the lower courts to have a juvenile case manager to assist the JP Courts and Municipal Courts with its increased juvenile case load. The Legislature created the Juvenile Case Manager Fund, which counties and municipalities could charge an additional fee not to exceed $5.00 as court costs to assist local governmental entities with the salary of a juvenile case manager. This fund is similar to the Courts' technology and security funds in that it can only be used for specific purposes. The specific purpose of the Juvenile Case Manager Fund is to pay the salary and benefits of a Juvenile Case Manager. On December 12, 2005 the City Council passed Ordinance 2005-90 authorizing the Municipal Court to collect an additional $5.00 in court costs to fund the position of a juvenile case manager. The County Commissioners' also authorized all four of the Justice of Peace Courts to collect an additional $5.00 in court costs for its juvenile case manager fund. Because of the good relationship the four JP Courts and the Municipal Court had in sharing the old juvenile laison officer position, all five judges wanted to continue sharing the costs and time of the newly created position of Juvenile Case Manager, especially since this was a new fund beginning with zero money and the anticipated higher expenses associated with hiring and retaining a Juvenile Case Manager. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: The JCM is not only a benefit to the Municipal Court, juveniles and their parents, but also to the I I community as a whole. I FISCAL IMPACT: The City's share of the one-third salary and benefits will come from the designated Juvenile Case Manager Fund. Under State law, this fund can only be used for the salary and benefits of a juvenile case manager. For your information, the Court collected $37,438.95 from 10/1/2007 through 9/30/2008. The City's share of the salary and benefits will be $14,994.68 (a savings of $7,497.32 from last year's contract) and will be paid to the County in Page 1 of2 48 quarterly payments of $3,748.67. The City is to also reimburse the County for any mileage the Juvenile Case Manager may incur relating to the Municipal Court. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Since the County is requiring that the City enter into the lnterlocal Agreement regarding the services of a Juvenile Case Manager, Council should authorize the City Manager to enter into the Interlocal Agreement with Comal County. Please note that County Judge Danny Scheel, signed the proposed agreement on October 16, 2008. Page 2 of2 49 If., City of ~~New Braunfels City Council Agenda Item Report - October 27, 2008 Agenda Item No. ,3 I Presenter/Contact- Michael A. Resendez, City Secretary (830) 221-4006 - [email protected] SUBJECT: APPROVAL OF THE APPOINTMENT OF THREE MEMBERS TO THE BUILDING STANDARDS COMMISSION REPRESENTING THE DEVELOPMENT, HOME BUILDING AND REAL ESTATE PROFESSIONS FOR TERMS ENDING OCTOBER 26, 2010 AND ONE MEMBER FROM THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO SERVE ON THE CENTRAL TEXAS TECHNOLOGY CENTER ADVISORY BOARD FOR A TERM ENDING APRIL 26, 2011. BACKGROUND/RATIONALE: Building Standards Commission Appointments A vacancy notice was posted on the City's bulletin board and website from September 8, 2008 to October 6, 2008 to notify the public of five upcoming vacancies on the commission for representatives in the Development, Home Building and Real Estate fields as well as regular and alternate at-large positions. Since the posting, only three applications were received. John Seidel of 130 S. Seguin Avenue reapplied under the Development category and Mary Ann Carter of 1227 Terrace Court reapplied under the Real Estate category. Rory Parker did not reapply under the Home Building category but an application was received from Jim See of 1606 Mikula Place under this same category. Applications have been attached for your information. In addition to the at-large positions that are currently available, a vacancy for a representative in the legal profession is also available for a term ending October 26, 2009. Central Texas Technology Center Appointment The Central Texas Technology Center Advisory (CTTC) Board is a ten member board comprised of five members from New Braunfels and five members from Seguin. The five members from New Braunfels are appointees from the NBISD, CISD, the Chamber of Commerce, the New Braunfels Industrial Development Corporation 4(B) Board and a City Council appointee. Recently, the New Braunfels Industrial Development Corporation recommended that John Malik of 1927 Lou Ann Drive, President of the New Braunfels Industrial Development Corporation serve on the CTTC Board as its representative. Applicants current service on Boards and Commissions John Seidel -currently serving on the Building Standards Commission Mary Ann Carter- currently serving on the Building Standards Commission Jim See- currently not serving on any boards or commissions John Malik- currently serving on the New Braunfels Industrial Development Corporation 50 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 that City Council appoint the interested applicants to the positions currently available on the Building Standards Commission and that City Council approve the recommendation of the New Braunfels Industrial Development Corporation. 51 ,_ -~ ·- ~.. ~. CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION Name: Street Address: ___,_/_·3~0::.-,.- .. __S_, __S_(:J___,·j,....,. =u..=-v.....::..--._ _ _,_;fly--"-'-~e.._c.___S=-·.!_C~:....____:/:._O_c)_ City, State & Zip: _N_?!~Y'__&Y_~~+~LJf _____ "Z~L3_~------ Phone Number: tlz7.,.tJ&i 0 Home rlt Z6 -d-. ftf(j Business E-mail: -~~g-~~~JC~~-~Lj~~~1.2~-1~JC______ Employer: ~elf Occupation: Business Address: 'How long have you been a resident of New Braunfels? ______.S_-(;--::t-;+1-~_a._rr_~_·-·_-a Are you a qualified voter of the City? __y-f----=--c-"'5_' ______ Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary. (' oo.~~s ~v--ee.- je&t4--S A.z" M Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary. ~-\ 64 =k ~ ~ ~ "e:," r ~ ~.ta-t"' ". ::f wl-4.. -k ci~ bad. ::k ±b ~;~ ~ W Sf/l'('ve,&_ -vvu... vu.d( W: ~ '1etxV'S. 52 SECOND PAGE Do you currently serve on a City board or commission? Yes X No__ If yes, which board or commission?_-"B"'-----'c.c'--"i_I_/.._C4(,=-'',...,,._,,__--=.5'--~-~..=.::.....c----'--.-=-(_,_~:e.______Howlon~--~-1rf~-S______ Do you have any relatives who work for the City of New Braunfels? Yes __ No_{ Ifso,who?______ Do you receive any direct compensation or gain from the City of New Braunfels? Yes __ No~ lfso,whattype?______ Do you receive any direct compensation or gain from any governmental body? Yes ' -- No~ Ifso,whattype? ______ If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This application will remain active for ninety (90) days, unless you are appointed to a board or commission. You must.reapply, if you would like to be considered for another board or commission. 1._~::.,___. ....::..-:..~.t~.~c.::..=."' ·~~~· ~·Js=--· ------:----- 2. ______~------~----- 3. ______53 CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION Name: Street Address: _ __../-=b_Dfo-=------M_\_K_V_Lf\____.____]-\-".Lft)~_,.£__~---- City, State & Zip: --~,J__ 'l?l1AtllJfi~~~r---=rx __ ~j3j_3_Q______Phone Numb"!s:YJ-Iozs--s lf·3Z- ~~ 1Zz I -Eg--· zq S3gusiness E-mail: J_t\_~~~-=E:-YA@!_CO_Y1______~~Y avtJi/_: LtJ~~TCNcc_ h11~S Occupation: bkMwvtL!?vR )bcuvcc--t,oP~ Business Addres" 1 ~ • How long have you been a resident of New Braunfel /~ f¥L C:.O · - 3J2 ~i!>J"C' ¥J.. /6 "(~ Sc f'rlfCf-lfr ~ Are you a qualified voter of the City? ______ Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on., this board/commission. Use attachments if necessary. T t-\A\1£.- -~A\J j,J t~tct./txJt L'\Vlf'.)(o buSIM.&S J Flfl-. s t Y'fAflS . 6uJrJ ~l 'I' CoM?~'( "f;VJL))/1\Jl// !rJ Nb. P~T DJ VGJaJ ~/UP_:;~ I 041J\ FoiL U~~ ~\1.~lA LO 1Nt:, ~ ·p~y / / iJ ~tYSw-vJ , Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary . ..:I W/ls.? &76W '1D YVLVL b'j ~uJ DIU.O~-- Ct'N Couf'.CiL M~ ~ WHo ~ILbU&?tr ME__ N 7 '-fA-(7 ·AfPLlCATJovV. X WJL<._ ~ '-0 l-t<--P /#(~ 4 c ,.IY ~J 1"11,-\ 'll~ ~ (?Ju fLO IN& $/fMJ JJ MD s c cJ1\..1 ~1 ., ss;Of\J _, 54 SECOND PAGE Do you currently serve on a Cityboard or commission? Yes----- If yes, which board or commission?______How long? ______ Do you have any relatives who work for the City of New Braunfels? Yes __ No >{' Ifso,who?______ Do you receive any direct compensation or gain from the City of New Braunfels? Yes __ No Y: Ifso,whattype? ______ Do you receive any direct compensation or gain from any governmental body? YesI-- NoXJ Ifso,whattype?______ If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This application will remain active for ninety (90) days, unless you are appointed to a board or commission. You must reapply, if you would like to be considered for another board or commission. 2. ______3. ______/) / I 0 SIGNATU~"-""''-~'---=-----=Q_____ DATE: 9 -/ (o _. 0 J \ I \ / \....._// 55 CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION Name: I ~JtffiJbleLJ ! ! i Street Address: I //J[;J. 1 ieccac.e aur+:_ i i City, State & Zip: -~-~-Lf'gj_~?;; ~/!_~ I I Phone Number: . ~~ 0"' 110-'l'Y{¢ Home 83o....- lb6>6-.[3.(j' Business ! i ! I I I i i i How long have you been a resident of New Braunfels? ___£/__.!:;2.:=..._ff--A--::!t4~~'==.-!S __ _ Are you a qu·alified voter of the City? _____::L+-.J/IJ_~:S~------7 Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary. (/2-41-krlf.s 7 Seer.da.a, ..fit,J&.,~.._.._;I ~....:.=u:.w- 4 #o~t!)6Jll er'.s l1~ae.. .:t:i!J J:;&u. am ..~ ~kr&~ .A rA IV\ 'i! r L ~ • lt~sfn./ {f) fAA /l).A Jh • '(!£_ • r rJ<.-J lf.Q <:_J- L. OIVb U~• (¥ d' 7 SECOND PAGE Do you currently se:rve on a City board or commission~ Yes._~--- NoX- lfyes, which board or comrniesionCB.c.i /J.,'n S S~t:L, d-:1 ~rn M .·ss., ·c111 c ,,_ ' /I , ·- J ' How long? ~' 1'\. e e 1-:-T 7 I 1'\. c e. /?1:1 (;) 11 Do you have any relatives who work for the City of New Braunfels?' Yes __ NoX If so, who? _____ Do you receive any direct compensation or gain from the City of New Bra\mfels? Yes_ No>( If so, what type? ___ Do you receivt! any direct compensation or gain from any governmental body? Yes'-- No~ lfso,whattype?_ ·------~------ If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This application will remain active for ninety (90) days, unless you .are appointed to a board or commi:5:sion. You must reapply, if you would Uke to be considered for another board or commission. · 2.~~~....._..""--"'r------_,..,_;z;;~--Oe::.lo--=__.J...-:;::::::::~::'7--j-"'-'cc....o-.~~...... :.-=>L....=----- 3.~~~~~~~~~-~~~~~~~~-~~~-~~~~------57 f'_,Cityof ~_,New Braunfels City Council Agenda Item Report - October 27, 2008 Agenda Item No. 3 S Presenter/Contact- Victoria Brown, Intergovernmental Services Manager (830) 221-4283 - [email protected] SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INCENTIVE-SPECIAL PROJECT GRANT, B-08-SP TX-0131, IN THE AMOUNT OF $98,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. BACKGROUND/RATIONALE: Council's FY2007 Budget Strategic Priorities identified the City's legislative priorities, which include the pursuit of federal appropriations funding. The City's initial efforts to secure such funding resulted in a $100,000 HUD EDt-Special Projects award from 2008 Appropriations. This grant is for the relocation of overhead utilities to underground in the downtown. The Consolidated Appropriations Act of 2008 mandated an across-the-board 2% reduction of all appropriations, resulting in a final award of $98,000. All required documentation, including an Environmental Impact Study, has been completed and submitted to HUD. The City has recently been notified that the award may now be finalized. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: NIA Strategic Priorities: Effective Management, \ Yes City Plan/Council Priority: Objective lOa- Develop an active Federal and State Legislative program FISCAL IMPACT: There is no matching requirement for the grant; however, completion of the conversion of utilities in the downtown has been estimated at approximately $3,000,000 and, as such, is dependent upon funding from other sources. A request for additional funding for this project from 2009 Appropriations is currently pending in Congress. BOARD/COMMISSION RECOMMENDATION: N/A Page 1 of2 58 STAFF RECOMMENDATION: Staff recommends that the City Manager be authorized to accept this grant and to execute any and all documentation pertaining to it. Page 2 of2 59 RESOLUTION NO. 2008· __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INCENTIVE-SPECIAL PROJECT GRANT, B-08-SP·TX-0131, IN THE AMOUNT OF $98,000; AND TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THIS GRANT, INCLUDING EXECUTION OF ALL REQUIRED DOCUMENTATION ASSOCIATED WITH THE AWARD. Whereas, the City of New Braunfels has sought project funding through the 2008 federal appropriations process; and Whereas, the request for funding for one of the projects, Conversion of Overhead Utilities to Underground in the downtown, was included in the 2008 appropriations bill for funding from the U.S. Department of Housing and Urban Development's Economic Development-Special Projects grants; and, Whereas, there is no matching funds requirement for this award; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: THAT, the City Council hereby authorizes the City Manager or his designee to accept a U.S. Department of Housing and Urban Development Economic Development Incentive-Special Project grant for the purpose of relocating overhead utilities to underground in the City's downtown and to act on behalf of the City of New Braunfels in all matters related to this request, including execution of all required documentation associated with the award. PASSED, APROVED AND ADOPTED this 27th day of October, 2008. CITY OF NEW BRAUNFELS, TEXAS BY: ------R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ 60 ~_,,City of ~~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. t/ fl Presenter/Contact- Steven Ramsey, Public Works Director (830) 221-4020 - [email protected] SUBJECT: PRESENTATION, DISCUSSION AND ACTION REGARDING ESTABLISHMENT OF RAILROAD QUIET ZONES IN THE CITY OF NEW BRAUNFELS INCLUDING FILING A NOTICE OF INTENT TO CREATE QUIET ZONE(S), AND CREATION OF A DIAGNOSTIC REVIEW TEAM BACKGROUND/RATIONALE: At the June 23, 2008 City Council meeting, staff was given authorization to explore the possibility of Railroad Quiet Zone implementation in the City of New Braunfels. Currently, there are two primary railroad lines running through the City of New Braunfels. The main Union Pacific line is designated as "Number 1 Main" and is the former Missouri Pacific line running north to south from FM 306 at Goodwin Lane to Loop 337 south. The "Number 2 Main" is the former Missouri-Kansas-Texas line running north to south from FM 306 at Gruene to Loop 337 south. Federal Railroad Administration (FRA) requirements include sounding horns at road grade crossings throughout the City of New Braunfels. Numerous trains pass through the city everyday and throughout the night and there are as many as 16 crossings on the Number 1 Main and 18 crossings on the Number 2 Main. Dan Stanfield was employed to assist the City of New Braunfels in the evaluation for establishment of Quiet Zones. Mr. Stanfield has performed a preliminary investigation that includes inventorying all crossings; identifying current safety measures and supplemental safety measures; photographing all crossings on the ground and aerial; contacting some adjacent property owners; performing a preliminary cost analysis; and preparing a narrative of his findings. Based on the preliminary findings four options for Quiet Zones in New Braunfels are being considered. Each option will require further analysis to verify costs associated with implementation and the impacts to traffic and adjacent property owners. The Union Pacific Railroad Company (UPRR) will also need to be contacted to determine what major appliance/crossing infrastructure will be designed and constructed by UPRR and what street and traffic control infrastructure would be designed and constructed by the City. Option 1 - Number 1 Main and Number 2 Main line, full option to the limits described above. Option 2- On Number 2 Main line close Houston and Central Streets, exclude Krueger and Grape Streets, and begin project at Live Oak Avenue Option 3- On Number 2 Main line close Houston and Central Streets, exclude Krueger, Grape, Hickory and Live Oak Streets, and begin project at Walnut Avenue Option 4 - Establish Quiet Zone limits guided by a defined budget Staff recommends hosting a meeting with representatives from the Texas Department of Transportation (TxDOT), FRA, UPRR, Comal County, and possibly affected private property owners to further analyze costs and impacts. Based on the outcome of the meeting a notice of intent can be submitted to the FRA, UPRR, and TxDOT and a Diagnostic Review Team established to finalize the City's intent on creating Quiet Zone(s). To accomplish design work staff intends to issue a Request for Qualifications to facilitate selection of a design engineer for consultant services to assist in further analysis of alternatives and to prepare construction/bid documents. Staff recommendation on a consultant contract will be brought to council at a future meeting. Page 1 of 2 61 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: I City Plan/Council Priority: FISCAL IMPACT: Fiscal impact is to be determined and will be based on the results of the coordination meeting and the findings of the Diagnostic Review Team. BOARD/COMMISSION RECOMMENDATION: None. STAFF RECOMMENDATION: Authorization to continue to investigate establishment of Railroad Quiet Zones in the City of New Braunfels as recommended. Page 2 of 2 62 f"'_,Cityof ~~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 4 5 Presenter/Contact- Mary Quinones, Purchasing Manager (830) 221-4389 - [email protected] SuBJEcT: DISCUSS AND CONSIDER APPROVAL OF A CONTRACT WITH HVJ ASSOCIATES TO PROVIDE A STREET ASSESSMENT AND PAVEMENT MANAGEMENT SYSTEM. BACKGROUND/RATIONALE: A request for proposal (RFP) was issued on May 20, 2008 for a street assessment and pavement management system for the Public Works Department. This RFP is for surveying the condition of the city's streets, development of a database of characteristics and condition of city streets and integration of the street condition assessment database with the city's GIS and Accela asset management systems. This RFP was sent to approximately 165 different companies. Nine (9) proposals were received. Two proposals were received from local companies. Evaluations were completed in accordance with the factors identified in the RFP. Four companies were invited for interviews. HVJ Associates was selected for contract negotiations. Their subcontractors are PBS&J and Hollmig, Inc. Hollmig Inc. will be conducting the actual visual street condition survey, including training people to do the survey. City staff will be trained in use of the software and pavement rating methods. HVJ Associates will be responsible for the preparation, pavement condition survey, importing the survey data, the database preparation and documentation, delivery, training and post delivery consultation. The HVJ team will also provide an export file of key attributes to interface with the Accela asset management software, the city is implementing. The cost of the street assessment and pavement management system is $175,497. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A 2006 Comprehensive Plan - Transportation Goal 21 : Provide a system of convenient and safe -v Yes City Plan/Council Priority: transportation facilities through comprehensive, cooperative and continuing transportation system planning and devleopment FISCAL IMPACT: The cost of services is funded in the Public Works FY 2008-09 approved budget for $200,000. BOARD/COMMISSION RECOMMENDATION: N/A Page 1 of2 63 STAFF RECOMMENDATION: Approval for the City Manager to execute a contract with HVJ Associates to provide a street assessment and pavement management system. Page 2 of2 64 ~-,City of ~~New'--, Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. ~6 Presenter/Contact- Julie O'Connell (830) 221-4395 - [email protected] SUBJECT: Discuss and consider authorization and funding of one new Safety and Emergency Management Coordinator position in the FY 2008-09 Adopted Budget and the appropriate budgetary transfer 8ACKGROUND/RATIONALE: One of the City's main goals is to increase employee development, and more specifically, to increase safety training and awareness. In addition, the recent events surrounding Hurricane Ike have caused staff to review our emergency management preparedness. Based on our size, current needs, and efficient management, it has been determined that the best approach would be to combine safety and emergency management duties. This position would be under the general direction of the Human Resource Director for the safety function, and would report to the City Manager when serving in a special assignment role as the emergency management liaison. The overall general duties would be to implement and administer a comprehensive safety program (to include training, policy development, and mitigation of hazards), to develop an emergency management policy and program for the City (working in conjunction with the County), and to act as a liaison and point of contact with other entities during emergency management events. It is anticipated that this position will decrease the City's overall workers compensation expense by improving safety and reducing the number of on-the-job accidents, thereby reducing the net cost of this position to the City. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priority 8a and 8b - Review staffing within the context of service demands to X Yes City Plan/Council Priority: determine appropriate staffing levels; Expand training and development program to enhance ability to provide excellent customer service FISCAL IMPACT: This position is expected to reduce the City's overall workers compensation costs as well as medical insurance costs by working to keep employees accident free and, therefore, more healthy. As a result, staff recommends that 50 percent of this employee's salary be funded from the City's Self Insurance Fund. The remaining 50 percent will be funded from the General Fund in the Human Resources Department budget. The total annual cost of this position, including salary and benefits is $85,390 (based on an annual salary of $63,000) It is anticipated that the FY 2008-09 cost will be $75,160 which includes ten months of salary and benefits as well as $4,000 for furniture, a computer and other incidental requirements. The FY 2008-09 Adopted Budget for the Self Insurance Fund has sufficient funds budgeted for the $37,580 that will be charged to that fund (50 percent of the FY 2008-09 cost). In the Page I of2 65 General Fund, a budget transfer is required of $37,580 from the Non-Departmental Undesignated Funds to the Human Resources Department's Employee Expense appropriation. That transfer is shown below. General Fund Current New Appropriation Appropriation Difference From: Non-Departmental - Undesignated Funds $250,000 $212,420 ($ 37,580) To: Human Resources- Employee Expenses $384,697 $422,277 $37,580 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the authorization and funding (in the Self Insurance Fund and the Human Resources Department General Fund budget) of one new Safety and Emergency Management Coordinator position (Grade 66) and the appropriate budgetary transfer. Page 2 of2 66 ~.,Cityof ~-..New"-;, Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 4 D Presenter/Contact - Nancy L. Davison (830) 221-4081 - [email protected] SuBJECT: PUBLIC HEARING AND CONSIDER APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM YEAR 2009 BUDGET AND ONE YEAR ACTION PLAN. BACKGROUND/RATIONALE: This City Council meeting serves as the third Public Hearing for Citizen's Comments on Community Development Block grant funding for Program Year 2009. It is anticipated that the City will receive approximately $339,372 in CDBG funding from the Department of Housing & Urban Development ("HUD") to provide services to low- and moderate-income residents of the City of New Braunfels. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priorities: Growth and development. Comprehensive Plan: Affordable housing, Yes City Plan/Council Pl"iority: recreational facilities, historic preservation, education and youth. FISCAL IMPACT: The following budget is being recommended: TOTAL GRANT: $339,372 LESS 20% ADMINISTRATION -$67,874 LESS 15% PUBLIC SERVICE -$50,906 PROJECTS AVAILABLE FOR PUBLIC $220,592 FACILITY PROJECTS Page 1 of2 67 PUBLIC FACILITY PROJECTS: Available Funding: $220,592 Project Amt. Recommended Senior Citizen's Foundation Minor Home Repair Program $54,000 Habitat for Humanity $40,000 JAWS Skatepark $15,000 Conservation Society $30,000 City of NB Minor Home Repair Program $41,592 City of NB Fa9ade Improvement Program $40,000 TOTAL: $220,592 PUBLIC SERVICE PROJECTS: Available Fundin~ : $50,906 Project Amt. Recommended Any Baby Can of San Antonio $7,500 Big Brother/Big Sisters of So. Texas $8,406 CASA of Central Texas $10,000 Senior Citizen's Center-Meals on $15,000 Wheels Senior Citizen's Center-My Friend's $10,000 Haus TOTAL: $50,906 These funds constitute a grant to the City from HUD, and there is no matching requirement. In prior program years, sufficient funds were available in the CDBG Administration allocation to fully cover the City's personnel and other miscellaneous expenses related to the management of this program. However, the City's grant amount has been reduced over the last several years. Therefore, it is estimated that 35% in General Fund monies will be required to fund the Community Development Coordinator position. Staff will bring a budget transfer for Council's consideration when the actual amount needed is determined. BOARD/COMMISSION RECOMMENDATION: The Community Development Advisory Committee has recommended approval of the budget and the One Year Action Plan for Program Year 2009. STAFF RECOMMENDATION: Upon closing the Public Hearing, staff respectfully requests the Council approve the budget which will be included in the PY 2009 Action Plan. A complete copy of the One Year Action Plan is available at the City Secretary's office for review. Page 2 of2 68 ~JN~~Braunfels City Council Agenda Item Report OCTOBER 27, 2008 Agenda Item No. 4 t Presenter/Contact- Shannon Mattingly, Planning Director (830) 221-4050 - [email protected] SUBJECT: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING OF 2.749 ACRES LOCATED AT 1227 & 1241 ERVENDBERG AVENUE FROM "R-2 SINGLE & TWO FAMILY DISTRICT" TO "MU-A LOW INTENSITY MIXED USE DISTRICT". APPLICANT/OWNERS: Carol R. Landry and Emily M. Fink Estate 1241 Ervendberg New Braunfels TX 78130 BACKGROUND/RATIONALE: The applicant originally sought C-4A Resort Commercial zoning on this property. When the Planning Commission expressed concern over permitted uses in the C-4A district, she withdrew the application and is now requesting MU-A Low Intensity Mixed Use zoning. The subject property consists of two lots. There is a single-family home on one and a duplex on the other. Once predominantly zoned R-2, the area has moved away from single-family residential to multi-family and commercial uses. The applicant has the property listed for sale and was advised that development trends will make it increasingly difficult to market single or two-family residential uses at this location. Recent rezoning requests for MU-A and R-3L have been approved on adjacent properties. The Future Land Use designation for most of the area is Commercial. MU-A zoning is intended to provide a mixture of uses in close proximity. Single-, two- and multi family residential (low density) uses are permitted. The commercial uses allowed are nearly identical to the C-1A Neighborhood Business District. Increased building setbacks apply to non residential or multifamily developments abutting single- or two-family uses. There are no current plans for redeveloping the property. MU-A zoning is being requested . because it is the least intensive commercial zoning that also allows the existing residential uses. General Information: Size: Approximately 2. 749 acres Surrounding Zoning North - R-2 Single & Two-Family Residential I Uncertain and Land Use: South- MU-A Low Intensity Mixed Use I Commercial offices East - C-4A Resort Commercial I Vacation Rentals West- R-3L Multi-Family Low Density I Condominiums Comprehensive Plan/ Future Land Use Designation: Commercial lmprovement(s): Single-family home, duplex, storage building. Existing utilities are adequate. Page I of3 69 BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 8, 2008, and recommended approval of the zone change. The motion carried on a vote of 8-0. STAFF RECOMMENDATION: Staff recommends approval of the request. ATTACHMENTS: 1. Excerpt from Planning Commission Minutes of October 8, 2008 2. Zoning Map 3. Future Land Use Map 4. Aerial Map 5. Notification Map 6. Section 3.4-10 of Zoning Ordinance, List of Permitted Uses in MU-A 7. Ordinance Z:\CCagenda\ZoneChgs&SUP\Landry 1227 & 1241 Ervendberg 10-2008.doc Page 3 of3 70 BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on October 8, 2008, and recommended approval of the zone change and land use map amendment. The motion carried on a vote of 8-0. STAFF RECOMMENDATION: Staff recommends approval of the request. ATTACHMENTS: 1. Excerpt from Planning Commission Minutes of October 8, 2008 2. Zoning Map 3. Future Land Use Map 4. Aerial Map 5. Notification Map 6. Section 3.4-10 of Zoning Ordinance, List of Permitted Uses in MU-A 7. Ordinance Z:\CCagenda\ZoneChgs&SUP\Landry 1227 & 1241 Ervendberg 10-2008.doc Page 3 of3 71 DRAFT PLANNING COMMISSION Regular Meeting Minutes October 8, 2008 MEMBERS PRESENT: STAFF PRESENT: Mike Ybarra, Chairman Shannon Mattingly, Director of Planning Cheryl Casteel Matt Greene, Planner Fred Heimer Holly Mullins, Planner Jan Kotylo "Sam" Sarske, Admin. Asst. Craig Massouh Charles Wallace, Asst. City Attorney Sandy Nolte Jim Klein, City Engineer Derek Seidel MEMBER(S) ABSENT: 0. Daniel Castillo, Vice Chairman Richard LaRochelle The above meeting was called to order by Chairman Ybarra at 6:15p.m. in City Council Chambers, New Braunfels Municipal Building. PUBLIC HEARINGS, REZONINGS, MASTER PLANS. PRELIMINARY AND/OR FINAL PLATS AND PLANNED DEVELOPMENTS Hold a Public Hearing and make a recommendation to City Council regarding Case #PZ1 0/08-1, the proposed rezoning of Lots 1 and 2C, Thomas Fink Subdivision, located at 1227 and 1241 Ervendberg Ave., from "R-2 Single and Two Family District" to "MU-A Low Intensity Mixed Use District". (Carol Landry and Emily M. Fink) Ms. Mullins reminded the Commission that the applicant originally sought C-4A Resort Commercial zoning but withdrew the application when the Commission expressed concern over permitted uses in the C-4A district. She said the area was predominantly multi-family and commercial in use and the applicant had the property listed for sale. She noted that rezoning requests for MU-A and R-3L were recently approved on adjacent properties and the Future Land Use designation for most of the area was Commercial. She further noted that there were no current plans for redeveloping the property but MU-A zoning was being requested because it was the least intensive commercial zoning that also allowed the existing residential uses. Ms. Mullins stated that six notices were sent to property owners within 200 feet of the property; no responses were received. She said staff recommended approval of the request. Chairman Ybarra asked if there was anyone in the audience who wished to speak in favor of the rezoning. Carol Landry, 1241 Ervendberg Road, said the property had been on the market for over a year without any offers. She said the traffic, noise and loud music in the area was not conducive for residential development. Chairman Ybarra asked if there was anyone in the audience who wished to speak in opposition to the rezoning. No one spoke. Motion by Commissioner Kotylo, seconded by Commissioner Nolte, to close the public hearing. The motion carried unanimously. (7-0-0) Commissioner Casteel asked what size commercial structure could be built on the 2. 7 acre tract. Staff noted that it was difficult to say, since any commercial development would still have to meet the minimum parking, landscaping, drainage and setback requirements. Chairman Ybarra estimated that a 25,000 to 35,000 sq. ft. building could be constructed. Motion by Commissioner Heimer, seconded by Commissioner Seidel, that Case #PZ1 0/08-1, the proposed rezoning of Lots 1 and 2C, Thomas Fink Subdivision, located at 1227 and 1241 Ervendberg Ave., from "R-2 Single and Two Family District" to "MU-A Low Intensity Mixed Use District", be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (7-0-0) Planning Commission Minutes- October 8, 2008 Page 1 ms ms '> ~-····" ,/ \' '· // / _,•' /,'/ ,,/ r.:\ml .···' ~-- /~/·· /,./ ./·· ,,// / ----· ...... ;) N \ ms \ \ )> / if / (') ,..-~, (8® / \ J ... ·· 3 C1) \ ::::J ~~ Subject Propert·J\ N N - Zoning W~E . Cityof '; PZ10/08-1 ~J~· New Braunfels ..... ::::::;;;;;::> ' 1227, 1241 Ervendberg 0 100 200 400 Feet I I I I I 1 1 1 I September16,200 rLANNINCI R-2 to MU-A Future cand Use Map ~I . \_)J Subject Property )> ~ 0 :T Utilities 3 CD Private Recreation :l..... w w-\r,N PZ10/08-1 > 1227, 1241 Ervendberg f'LANNINC.t 0 100 200 400 Feet R-2 to MU-A I I I I I 1 1 1 I September 16. 20 Attachment 4 Future Land Use Map ~ )> iff 0 ::l" 3 CD Private Recreation ::l w - N W~E PZ10/08-1 s 1227, 1241 Ervendberg 0 100 200 400 Feet A.ANNINCo R-2 to MU-A I I I I I I I I I September 16, 2008 75 3.4-10. "MU-A" low intensity mixed use district. Purpose. The MU-A Low Intensity Mixed Use District is intended to provide for a mixture of retail, office, and residential uses in close proximity to enable people to live, work and shop in a single location. Bed-and-breakfast establishments could also be located in this district. Pedestrian walkways and open areas are desired in order to promote a pedestrian-friendly environment. (a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows (1) Uses permitted by right: Residential uses: Home occupation Accessory building/structure Hospice Accessory dwelling (one accessory Multifamily (apartments/condominiums) dwelling per lot, no kitchen) One family dwelling, detached Bed and breakfast inn Residential use in buildings with the following non- Community home (see definition) residential uses Duplex /two-family dwelling/ duplex Single family industrialized housing condominiums Townhouse (attached) Family home adult care Zero lot line I patio homes Family home child care Non-residential uses: Accounting, auditing, bookkeeping, and Cleaning, pressing and dyeing (non-explosive tax preparations fluids used) Adult day care (no overnight stay) Clinic (dental) Adult day care (with overnight stay) Clinic (emergency care) Amusement devices/arcade (four or Clinic (medical) more devices) Coffee shop Animal grooming shop Communication equipment - installation and/or Answering and message services repair Antique shop Community building (associated with residential Appliance repair uses) Assisted living facility/retirement home Computer and electronic sales Armed services recruiting center Computer repair Art dealer I gallery Confectionery store (retail) Artist or artisan's studio Consignment shop Auto leasing Contractor's temporary on-site construction office Auto supply store for new and factory (only with permit from Building Official; see Sec. rebuilt parts 5.9) Auto tire repair /sales (indoor) Convenience store without gas sales Bakery (retail) Credit agency Bank, savings and loan, or credit union Curio shops Barber/beauty shop, haircutting (non- Custom work shops college) Department store Barns and farm equipment storage Drapery shop I blind shop (related to agricultural uses) Drug sales/pharmacy Battery station Electrical repair shop Bicycle sales and/or repair Electrical substation Bingo facility Farms, general (crops) (see Chapter 6, Municipal Book binding Code and Sec. 5.8) Book store Farms, general (livestock/ranch) (see Chapter 6, Cafeteria I cafe I delicatessen Municipal Code and Sec. 5.8) Campers' supplies Florist Caterer Food or grocery store without gasoline sales Cemetery and/or mausoleum (1 00,000 sq. ft or less) Check cashing service Frozen food storage for individual or family use Child day care/children's nursery Garden shops and greenhouses (business) Golf course Church/place of religious assembly Governmental building or use (state/federally owned and operated) ATTACHMENT 6 76 Greenhouse (commercial) Photographic supply Handicraft shop Plant nursery (no retail sales on site) Hardware store Plant nursery (retail sales I outdoor storage) Health club {physical fitness; indoors Public recreation/services building for public only) park/playground areas Heating and air-conditioning sales/ Quick lube/oil change/minor inspection services Radio/television shop, electronics, computer repair Hospital, rehabilitation Recreation buildings (private) Kiosk (providing a retail service) Recreation buildings {public) Laundromat and laundry pickup stations Recycling kiosk Laundry/dry cleaning (drop off/pick up) Refreshment/beverage stand Laundry/washateria (self serve) Restaurant Lawnmower sales and/or repair Restaurant/prepared food sales Locksmith Retail store and shopping center without drive thru Martial arts school service (50,000 sq. ft. bldg. or less) Municipal use owned or operated by the Retirement home/home for the aged city of New Braunfels, including School, K-12 {public or private) libraries School, vocational {business/commercial trade) Museum Security monitoring company Needlework shop Security systems installation company Nursing/convalescent home/sanitarium Shoe repair shops Offices, brokerage services Shopping center Offices, business or professional Specialty shops in support of project guests and Offices, computer programming and tourists data processing Studios (art, dance, music, drama, reducing, Offices, consulting photo, interior decorating, etc.) Offices, engineering, architecture, Tailor shop surveying or similar Tattoo or body piercing studio Offices, health services Telemarketing agency Offices, insurance agency Telephone exchange buildings (office only) Offices, legal services - including court Theater (non-motion picture; live drama) reporting Tool rental Offices, medical offices Travel agency Offices, real estate Truck garden (with retail sales) Offices, security/commodity brokers, University or college (public or private) dealers, exchanges and financial Vacuum cleaner sales and repair services Veterinary hospital (no outside animal runs or Park and/or playground (private) kennels) Park and/or playground (public) Video rental/ sales Parking lots (for passenger car only) Water storage (surface, underground or overhead), (not as incidental to the main use) water wells and pumping stations that are part Parking structure I public garage of a public or municipal system Pawn shop Woodworking shop (ornamental) Pet shop I supplies (10,000 sq. ft. or less) Any comparable business or use not included in or Photographic printing/duplicating/copy excluded from any other district described shop or printing shop herein. Photographic studio (no sale of cameras or supplies) (2) Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection {1), the uses listed in this subsection shall be deemed those authorized in the district. (b) Maximum height, minimum area and setback requirements: (1) Non-residential uses. (i) Height. Buildings and structures shall not exceed 35 feet in height; however buildings and structures higher than 35 feet may be approved by SUP. (ii) Front building setback. No building setback required. (iii) Side building setback. No side building setback is required. 77 ORDINANCE NO. 2008- AN ORDINANCE REZONING 2.749 ACRES LOCATED AT 1227 AND 1241 ERVENDBERG AVENUE FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "MU-A LOW INTENSITY MIXED USE DISTRICT." WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and WHEREAS, in keeping with the spirit and objectives of the "MU-A Low Intensity Mixed Use District", the City Council has given due consideration to all components of said district; and WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts and proposed land uses; and WHEREAS, the City Council desires to amend the Zoning Map by changing the zoning of 2. 7 49 acres located at 1277 & 1241 Ervendberg Avenue from "R-2 Single & Two-Family District" to "MU-A Low Intensity Mixed Use District;" now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 THAT Sections 1.2-1 and 1.2-2, Chapter 144 of the New Braunfels Code of Ordinances and particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described tract of land from "R-2 Single and Two-Family District" to "MU-A Low Intensity Mixed Use District": "Being Lots 1 and 2C, Thomas Fink Subdivision, consisting of 2. 7499 acres located at 1227 and 1241 Ervendberg Avenue." SECTION 2 THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. SECTION 3 THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION4 THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. 78 SECTION 5 THIS ordinance will take effect upon the second and final reading of same. PASSED AND APPROVED: First Reading this the 27th day of October, 2008. PASSED AND APPROVED: Second and Final Reading this the 1Oth day of November, 2008. CITY OF NEW BRAUNFELS R. BRUCE BOYER, Mayor ATTEST: MICHAEL A. RESENDEZ, City Secretary APPROVED AS TO FORM: ALAN C. WAYLAND, City Attorney Z:\Ordinances\Zone Changes\Landry-Ervendberg MU-A.ord.doc 2 79 r',cityof ~-.New Braunfels City Council Agenda Item Report - October 27, 2008 Agenda Item No. 4 F Presenter/Contact- Mike Morrison - City Manager (830) 221-4281 - [email protected] SUBJECT: CONSIDERATION AND APPROVAL OF THE CITY OF NEW BRAUNFELS' INTENT TO CREATE A TAX INCREMENT REINVESTMENT ZONE TO FINANCE PUBLIC IMPROVEMENTS IN SUPPORT OF THE TOWN CREEK DEVELOPMENT AND CENTRAL BUSINESS DISTRICT IMPROVEMENTS; AUTHORIZING AND DIRECTING DISTRIBUTION OF A WRITTEN NOTICE OF THE CITY'S INTENTION TO CREATE THE PROPOSED REINVESTMENT ZONE TO EACH TAXING UNIT THAT LEVIES A TAX IN THE PROPOSED ZONE; AUTHORIZING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING FOR THE CREATION OF THE REINVESTMENT ZONE; AUTHORIZING A REQUEST TO MAKE PRESENTATIONS BEFORE CERTAIN TAXING UNITS; DELEGATING AUTHORITY TO MAKE PRESENTATIONS AND GIVE NOTICE TO TAXING UNITS OF FORMAL PRESENTATIONS TO THE COUNTY AND SCHOOL DISTRICT; AUTHORIZING A REQUEST TO EACH TAXING UNIT FOR THE APPOINTMENT OF A REPRESENTATIVE TO MEET WITH THE CITY TO DISCUSS THE PROJECT; DELEGATING AUTHORITY TO CALL AND HOLD MEETINGS WITH REPRESENTATIVES OF EACH TAXING UNIT; AND AUTHORIZING OTHER ACTIONS RELATED THERETO. BACKGROUND/RATIONALE: Attached is a resolution prepared by Fulbright and Jaworski, the City's legal counsel for the Town Creek TIRZ development. This resolution allows the City to begin the required notice process to other taxing jurisdictions that the City is considering creation of a tax increment reinvestment zone (TIRZ). It also allows for public hearings regarding the TIRZ. It is the first step in a TIRZ creation; however, this action does not create the TIRZ. It simply begins the legal process so Council and other taxing jurisdictions can deliberate on whether to move forward. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: / City Plan/Council Priority: FISCAL IMPACT: If approved, the Town Creek TIRZ will provide funding for some road improvement projects as well as funding some public improvements completed by the developer. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Page 1 of 1 80 A RESOLUTION NO. _____ EXPRESSING THE CITY OF NEW BRAUNFELS' INTENT TO CREATE A TAX INCREMENT REINVESTMENT ZONE TO FINANCE PUBLIC IMPROVEMENTS IN SUPPORT OF THE TOWN CREEK DEVELOPMENT AND THE CENTRAL BUSINESS DISTRICT; AUTHORIZING AND DIRECTING DISTRIBUTION OF A WRITTEN NOTICE OF THE CITY'S INTENTION TO CREATE THE PROPOSED REINVESTMENT ZONE TO EACH TAXING UNIT THAT LEVIES A TAX IN THE PROPOSED ZONE; AUTHORIZING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING FOR THE CREATION OF THE REINVESTMENT ZONE; AUTHORIZING A REQUEST TO MAKE PRESENTATIONS BEFORE CERTAIN TAXING UNITS; DELEGATING AUTHORITY TO MAKE PRESENTATIONS AND GIVE NOTICE TO TAXING UNITS OF FORMAL PRESENTATIONS TO THE COUNTY AND SCHOOL DISTRICT; AUTHORIZING A REQUEST TO EACH TAXING UNIT FOR THE APPOINTMENT OF A REPRESENTATIVE TO MEET WITH THE CITY TO DISCUSS THE PROJECT; DELEGATING AUTHORITY TO CALL AND HOLD MEETINGS WITH REPRESENTATIVES OF EACH TAXING UNIT; AND AUTHORIZING OTHER ACTIONS RELATED THERETO WHEREAS, Tax Increment Financing ("TIF") is an economic development tool that the City of New Braunfels (the "City") may use to finance needed public improvements and enhance infrastructure within certain areas of the City; and WHEREAS, the City desires to use TIF to encourage community revitalization and infrastructure improvements within certain areas of the City by leveraging private investment for certain types of development activities; and WHEREAS, pursuant to the Tax Increment Financing Act, Texas Tax Code, Chapter 311 (as amended, the "Act"), prior to considering TIF agreements with property owners, the property must first be in an area properly designated as a tax increment reinvestment zone ("TIRZ"); and WHEREAS, the City is considering the creation of a TIRZ for the area described in Exhibit A attached hereto; and WHEREAS, the proposed development known as "Town Creek" would lie within the boundaries of the proposed TIRZ; and WHEREAS, the proposed public improvements for Town Creek and the central business district may include, but are not limited to, upgrading of existing public thoroughfares as well as the signalization of existing and future intersections, installation of street lights, landscaping, and pedestrian walkways, extension and installation of water, waste water and other utilities, along with the site preparation and construction of a regional storm water detention and drainage system, design and installation of underground electrical facilities, as well as a series of parks, plazas and other public gathering spaces and other significant amenities; and 80324801.3 81 WHEREAS, prior to the creation of a TIRZ, the City Council must hold a public hearing on the creation of the proposed reinvestment zone and its benefits to the City and the property in the proposed TIRZ; and WHEREAS, pursuant to Section 311.003(b) of the Act, the governing body of the City must prepare a preliminary reinvestment zone financing plan and provide a copy of this plan to the governing body of each taxing unit that levies real property taxes in the proposed TIRZ (the "Taxing Units"); and WHEREAS, pursuant to Section 311.003(e) of the Act, the governing body of the City must provide notice in writing to the governing body of each Taxing Unit, not later than the sixtieth (60th) day before the date of the public hearing, that the City intends to establish the TIRZ, unless such notice is waived by Comal County (the "County") and the New Braunfels Independent School District (the "School District"); and WHEREAS, the City desires to notify the Taxing Units of the City's intent to create the TIRZ as provided in Section 311.003 (e) of the Act; and WHEREAS, pursuant to Section 311.003(±) of the Act, the City (i) requests the opportunity to make a formal presentation to the governing body of the County and the School District, and (ii) shall notify each Taxing Unit of the presentations to be made before the County and the School District; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1. Intent to Create Zone. The City hereby expresses its intent to create a TIRZ for the purpose of financing public improvements in support of Town Creek and the central business district. The boundaries of this TIRZ are described in Exhibit A attached hereto and incorporated herein for all purposes. SECTION 2. Notice to Taxing Units of City's Intent to Create Zone. The City Secretary shall cause a "Notice of Intention to Create a Tax Increment Financing Reinvestment Zone for the Development of Public Improvements for Town Creek and the Central Business District" to be delivered by certified mail or hand delivered to the governing body of each Taxing Unit. The notice shall contain at a minimum the following: 1. a description of the proposed boundaries of the proposed TIRZ; 2. the tentative plans for the development or redevelopment of the proposed TIRZ; and 3. an estimate of the general impact of the proposed TIRZ on property values and tax revenues. 80324801.3 -2- 82 The City Manager and the City Secretary are authorized to draft said Notice as necessary for distribution to the Taxing Units. SECTION 3. Publication ofNotice. The City Manager is hereby authorized to set a date for the public hearing pursuant to Section 311.003( c) of the Act, and to publish a notice of the public hearing in the New Braunfels Herald-Zeitung, or another newspaper of general circulation, not later than the seventh (ih) day before the date of the public hearing. SECTION 4. Authorizing the City Manager to Schedule a Public Hearing for the Creation of the Reinvestment Zone. Not earlier than sixty (60) days after providing notice to the governing bodies of each Taxing Unit of the City's intent to create the reinvestment zone, unless such notice is waived by the County and the School District, the City Manager may schedule a public hearing to obtain community input concerning the City's intention to create the TIRZ. SECTION 5. Authorizing a Request to Make Presentations Before Certain Taxing Units; Delegation of Authority to Make Presentations and Give Notice to Taxing Units of Formal Presentations to the County and School Districts. The City Manager is hereby authorized to make a formal request to the governing bodies of the County and the School District. The presentation shall include at a minimum the following: 1. a description of the proposed boundaries of the proposed TIRZ; 2. the tentative plans for the development or redevelopment of the proposed TIRZ; and 3. an estimate of the general impact of the proposed TIRZ on property values and tax revenues. The City Manager is hereby authorized and directed to (i) make such formal presentations on the City's behalf to the respective governing bodies, and (ii) notify each ofthe other Taxing Units of the presentations to be made before the County and the School District. SECTION 6. Authorizing a Request for the Appointment of a Representative to Meet with the City to Discuss the Project; Delegation of Authority to Call Meetings. The City Manager is hereby authorized and directed to request each Taxing Unit to designate a representative from such unit to meet with the City staff to discuss the project plan and reinvestment zone financing plan for the proposed TIRZ. The City Manager is hereby authorized and directed to call one or more meetings as may be needed, of the representatives of the Taxing Units. SECTION 7. This Resolution shall take effect on the date of passage hereof. 80324801.3 -3- 83 PASSED AND APPROVED this the 27th day of October, 2008. CITY OF NEW BRAUNFELS Mayor ATTEST City Secretary 80324801.3 -4- 84 EXHIBIT A Description of Zone 80324801.3 A-1 85 ,..,Cityof ~~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. '-1 C-, Presenter/Contact- Michael Meek, President, Greater New Bra';:;hfels Chamber of Commerce 830-625-2385 [email protected] SUBJECT: PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED 2009 BUDGET FOR THE CONVENTION AND VISITORS BUREAU BACKGROUND/RATIONALE: The Greater New Braunfels Chamber of Commerce has requested City Council approval of the attached proposed 2009 budget for the Convention and Visitor's Bureau (CVB). The budget totals $1,047,425 for 2009, an increase of $47,062 or 4. 7 percent in comparison to the 2008 Budget. The increase comes mainly in two areas: personnel expenditures and advertising. This is partially offset by a reduction in operations expenditures. The number of full time equivalent positions charged to the CVB budget remains the same. The Chamber has projected hotel/motel tax revenue (which funds the CVB budget) of $1,087,837 which is $30,822 or 2.8 percent lower than the 2008 estimated revenue. The Chamber cites the current economic climate as the reason for the lower revenue projection. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: J City Plan/Council Priority: FISCAL IMPACT: The City of New Braunfels currently allocates 50 percent of the Hotel/Motel tax to the Convention and Visitors Bureau through a contract with the New Braunfels Chamber of Commerce. This action considers the budget funded by that allocation. BOARD/COMMISSION RECOMMENDATION: The Greater New Braunfels Chamber of Commerce board is unanimously in favor of the budget as presented. STAFF RECOMMENDATION: Page 1 of 1 86 ~etu Taraunfd~ (bamber of (ommerce, 3lnc. POST OFFICE BOX 311417 e NEW BRAUNFELS, TEXAS 78131-1417 e (830) 625-2385 e FAX (830) 625-7918 e www.nbcham.org October 21 , 2008 Mayor Bruce Boyer c/o City Manager P. 0. Box 311747 New Braunfels, TX 78131-1747 Dear Mayor Boyer: The Chamber's contract with the city for tourism marketing and administrative services requires annual budget approval from the City Council. The 2009 Convention and Tourist Fund budget has been placed on the October 27 agenda. We have enclosed various documents required by our agreement and will be in attendance to make a brief presentation and to answer any questions that you or members of City Council have. The first attachment is the proposed 2009 budget, unanimously recommended by the Chamber's C&VB Strategy and Steering Committee headed up by Co-Chairs Cecil Eager and Mary Jane Nalley. Their committee provides guidance on policy, procedures and budgets. The committee then makes recommendations to the Chamber Board, which they did on October 20. The Chamber Board is unanimously in favor of this proposed budget. You will note on the budget that estimated revenues this year are 3.5% higher than 2007. We are budgeting at 2006 and 2007 revenue levels for the coming year due to the current economy and projections of the impact on the nation, our state, and our city. The good news is that these funds go toward generating new wealth for the community and the return on investment for the city is proven. The second attachment details the administrative and operational expenses for the C&VB. Once again, marketing expenditures enjoy the largest share of the budget. Administrative costs are at 34% of proposed expenditures and operations costs at 16%. These percentages are well below state C& VB averages and are a testament to the well-run operation by our Chamber staff. Through the years, technology and an experienced staff have allowed us to lower the number of full time equivalent employees necessary to run the operation. "our .marketing ~romotton anb QCommunitp ~ction ~rgani?ation 87 The third attachment is a detail of those Chamber staff members spending a portion of their time on tourism related activities. This equates to 6.5 staffers. This past year we replaced two entry-level positions with experienced professionals to run the highway visitor center operation as well as civic/convention center sales. Finally, we have enclosed visitor activity highlights between January and June to give you and members of Council as well as citizens an idea of the activities and accomplishments so far in 2008. Our third quarter report is due to the city in November following the third quarter hotel occupancy revenue payment due to the city from local accommodation firms the end of this month. Since. rely, -~/ /~~~~\ Michael Meek, CEcD President cc: Brad Wuest, Chamber of Commerce Chair of the Board Mary Jane Nalley, Convention and Visitors Bureau Co-Chair Cecil Eage~ Convention. and Visitors Bureau Co-Chair Judy Young1Director- Convention and Visitors Bureau CONVENTION & TOURIST FUND Proposed 2009 Budget 2008 2008 ESTIMATED BUDGET 2009 BUDGET ACTUAL VARIANCE PROPOSED BUDGET Revenues INTEREST INCOME $ 10,000.00 $ 8,949.47 1,050.53 $ 8,000.00 COLLECTED FOR 4TH QTR 135,518.00 163,840.54 (28,322.54) 155,000.00 COLLECTED FOR I ST QTR 130,326.00 166,442.17 (36,116.17) 145,000.00 COLLECTED FOR 2ND QTR 340,221.00 371,426.50 (31,205.50) 360,634;00 COLLECTED FOR 3RD QTR 399,000.00 399,000.00 0.00 410,203.00 Total Revenues 1,015,065.00 1,109,658.68 (94,593.68) 1,078,837.00 Expenses ADMINISTRATION 328,822.06 320,100.00 8,722.06 349,800.00 CONVENTION SERVICES 20,000.00 22,000.00 (2,000.00) 28,000.00 BROCHURE & GRAPHICS/CREATIVE 48,000.00 47,500.00 500.00 52,000.00 TELEPHONE 9,200.00 975.00 8,225.00 1,500.00 POSTAGE 16,000.00 7,985.00 8,015.00 10,000.00 00 00 ADVERTISING 315,000.00 310,000.00 5,000.00 353,825.00 OPERATIONS 171,341.00 142,000.00 29,341.00 150,300.00 TRAVEL TRADE 12,000.00 12,000.00 0.00 16,000.00 MARKET RESEARCH 10,000.00 10,800.00 (800.00) 10,000.00 DIRECT MAIL 5,000.00 0.00 5,000.00 5,000.00 PUBLIC RELATIONS/FAM 45,000.00 44,800.00 200.00 50,000.00 MISCELLANEOUS 5,000.00 5,664.84 (664.84) 6,000.00 CONTINGENCY/COOP 15,000.00 13,500.00 1,500.00 15,000.00 Total Expenses 1,000,363.06 937,324.84 63,038.22 1,047,425.00 Net Income $ 14,701.94 $ 172,333.84 (157,631.90) $ 31,412.00 Proposed Budget 2009 DETAIL OF ADMINISTRATION & OPERATION EXPENSES FOR C&VB 2008 2008 2009 12 MONTHS Estimated 12 MONTHS Administrative Expenses: Budget Actual Proposed Budget Personnel $ 248,669 $ 245,250.00 $263,000.00 Management $ 66,450 $ 66,450.00 $69,772.00 Supervisory/Operations $ 79,664 $ 81,500.00 $84,711.00 Secretarial/Clerical $ 102,555 $ 97,300.00 $108,517.00 Car Allowance & Exp. $ 2,016 $ 2,500.00 $2,800.00 Taxes $ 19,490 $ 18,900.00 $20,000.00 Pensions $ 19,894 $ 19,350.00 $21,000.00 Health Insurance $ 38,753 $ 37,000.00 $43,000.00 Total Administration $ 328,822 $ 323,000.00 $349,800.00 Operating Expenses: 00 Employee Relations $ 2,200 $ 2,200.00 $2,400.00 to Utilities $ 9,400 $ 8,000.00 $8,500.00 Telephone $ 23,000 $ 13,000.00 $13,500.00 (excludes toll free #800) Postage $ 25,000 $ 20,000.00 $21,000.00 Office Supplies $ 18,000 $ 15,000.00 $16,000.00 Insurance $ 15,000 $ 11,200.00 $13,000.00 Honors Hall Maintenance $ 2,400 $ 3,100.00 $3,500.00 Office Eqpt. & Furnit. Supplies. $ 2,641 $ 2,523.00 $2,900.00 Office Eqpt. Rpr. & Maint. $ 13,000 $ 10,500.00 $11,500.00 Office Equipment Rental $ 11,000 $ 11,500.00 $12,000.00 Building Maintenance $ 11,000 $ 7,500.00 $8,300.00 Dues & Subscription $ 6,700 $ 6,500.00 $6,700.00 Business Relations $ 14,000 $ 13,000.00 $13,000.00 Facility Usage Recovery ~ 18,000 ~ 18,000.00 $18,000.00 Total Operations: $ 171,341 $ 142,023.00 $150,300.00 Total Admin/Operations $ 500,163 $ 465,023.00 $500,100.00 2009 Personnel Costs- Room Tax Allocations %of Time Total Room Tax Room Tax$ Total Room Tourism Salary Dollars Allocated To Tax Dollars Title Related Allocated Taxes, Ins. Allocated to To Wages & Benefits Personnel Costs Personnel Salary %Salary Staff: Meurin, Donna Admin. Asst. to C&VB 90% 34,775.56 $ 31,298.00 10760.00 42058.00 Preusser, Val Highway Visitor Center 100% 29,168.00 $ 29,168.00 11100.00 40268.00 Brinkkoeter, Merry Admin. Asst. to Finance & Tech. 50% 29,000.00 $ 14,500.00 4700.00 19200.00 Hoffmann, Tyler Secretary/Receptionist 90% 24,223.33 $ 21,801.00 9300.00 31101.00 Avery-Wilson, Aundreia Secretary/Receptionist 40% 24,200.00 $ 9,680.00 4232.00 13912.00 to IS:) Management Staff: Young, Judy Director, C&VB 100% 70,000.00 $ 70,000.00 17501.00 87501.00 Hernandez, Alice Director, Finance & Operations 50% 55,500.00 $ 27,750.00 7792.00 35542.00 Foerster, Phyllis Director, Personnel & Communication 30% 56,000.00 $ 16,800.00 4886.00 21686.00 Eastman, Nina Group Sales Coord. 100% 42,000.00 $ 42,000.00 13732.00 55732.00 Total: 6.5 FTE $ 262,997.00 $84,003.00 $34 7' 000.00 Car Expense Car Expense Errands Total Total Charged to Tourism 5200.00 1800.00 7000.00 2800.00 $349,800.00 G:\User\ALICE\excei\CTF\CTFAdminBudget2009.xls Page 1 91 1st Quarter Visitor Activity Highlights January- March 2008 • Hotel Occupancy figures were up 9.8% over 1st quarter 2007. Since 2004 hotel occupancy tax for the ftrst quarter has increased over 48% via a consistent strategy to promote the shoulder seasons. • The total tourist inquiries for the first quarter were up 93% over same period in 2007. The increase is attributed to of dedicated emphasis on the shoulder season marketing and promotions campaign, the addition ofthe new Highway Visitors Center, and an intense focus on internet marketing. • A brand evaluation project began in the first quarter of 2008 with a visitor survey and a local survey. Each survey included several questions about impressions of New Braunfels and all were given a choice of 20 images from our area and asked to pick the top five images that represent New Braunfels to them The local · survey and the visitor survey returned the same top five images: Schlitterbahn, Guadalupe River, Comal River, Gruene, and German Heritage/Wurstfest. Creative brainstorming between the brand project team and the CVB Strategy & Steering Committee continues to test several brand concepts. Stay tuned. • Radio Disney and the Chamber CVB began planning a promotional campaign in area Houston schools to promote visitation to New Braunfels as well as encouraging participation in the resource protection project. Games were played with Disney staff in 10 Houston primary schools that encouraged recycling, proper trash storage, and having a positive impact on their environment, at home or on vacation. Information and fulfillment pieces were cooperatively provided by the Chamber CVB and City River Manager. • Chamber CVB Director met with Texas Film Commissioner, Bob Hudgins, in Austin to expedite a Film Liason Office in the Chamber CVB. A workshop was set for early May in New Braunfels to bring stakeholders into the process. • New Braunfels was chosen to be featured in three photo shoots this spring: National Geographic, Converse, and Shape Magazine. We were also scouted for four different productions and casting was requested and referrals turned over to a local youth agriculture organization for fulfillment. • The Chamber CVB partnered with Schlitterbahn to sponsor the Texas Travel Industry Associations Unity Dinner on February 20, 2007. Your Chamber CVB Director Co-Chaired this event which had over 400 elected officials in attendance from across Texas. • The Group/Convention division of the Chamber CVB cooperatively shared two booths at the Southwest Showcase in Austin, February, 2008. Newks, T Bar M, 92 and Gruene Mansion Inn worked this show for association and meeting planners of Texas. • Chamber CVB also participated in the TACVB Annual Sales Blitz February, 2008. Our staff was on the planning committee. Convention/Group Coordinator had set appointments with meeting planners from various Associations in Austin over the three day period. • Chamber Group Convention Coordinator also participated in the TACVB Mid Winter Conference. • Other group/convention services were provided to the following organizations/individuals: NB Bridge, Waldrip Reunion, TLU, Garland Group, Elderhostel, McDonalds Group, Meyer Reunion, St. Peter & Paul Reunion, Nixon Group. • Convention Center bookings include but are not limited to: Boxing Tournament, Texas Excavation Safety System, North American Jewelry Show, Jernigan Party, Bermea Wedding, Up with People, and the Reimer group. • The Chamber CVB held the Winter Visitor Reception in the New Braunfels Civic Convention Center Rush Enterprises Exhibit Hall in February. • Calendar of event submissions were submitted for over 40 events this spring to print and electronic publications. • The Chamber CVB has developed and is issuing electronic media newsletters with a very successful subscriber list. This newsletter distributes monthly and as activities happen more frequently will go to weekly production. • The Chamber CVB produces a monthly electronic double opt-in viral newsletter that has special offers and a large subscriber list of repeat visitors. There is also a quarterly sweepstakes. • "Hot Happenins" E-Newsletter goes to visitor industry professionals throughout Comal County monthly. The information is about local meetings of interest, special events, industry updates and announcements. • Below are a sampling of mediums that ran articles and stories that appeared about New Braunfels during the ftrst quarter of2008: o Country Living o Cooking Light o Money.cnn.com o Galveston Daily News o PRNewswire 93 o Earthtimes o Kansas City Kansan o Pat Green's Book -Dance Halls and Dreamers o Bizjournals.com o Dallas Morning News o CMTNews o Artonart.com o Texashillcountry.com o Texas State Travel Guide o Texas Coop Power o Continental Quarterly o Texas Winter Events o Texas Spring Events o Texas Highways o San Antonio Express News o The Advocate o Concrete Products o Austin American Statesman o Targeted News Service o University Wire o Conexion o Fort Worth Star Telegram o Cox News Service o Houston Chronicle o The Chronicle of Philanthropy o Corpus Christi Caller Times o Los Angeles Magazine 0 • Chamber CVB Director was asked to present at the LCRA Leadership Institute in Bastrop. The presentation was on how to properly use Hotel Occupancy Tax. 94 Visitor Activity Highlights 2nd Quarter 2008 Chamber CVB Quarterly Report • Hotel Occupancy Tax receipts posted up over 18% for the April, May, and June over2007. • Visitor Inquiries were up over 40% year to date, with over 2.2 million inquiries being serviced by the Chamber CVB. Email, User Sessions, Downloads, and Interactive inquiries lead the way. o Brochure downloads for the second quarter from the Chamber website totaled 97,699 for April, May, & June. o Bulk of the electronic inquiries are from the United States, however, website visitors from outside the U.S. are led by Canada, France, United Kingdom, Germany, Switzerland, & Sweden during the second quarter. o The Highway Visitor Center hit an all time high with 4605 guests during the second quarter. Averaging 51 guests per day. The Center operates 363 days a year with volunteers providing over 2900 hours man hours. Val Preusser is the Highway Visitor Center Sales and Services new staff person. • Brand Evaluation project focused on visitor and local surveys that provided over 20 images to choose from, participants were asked to pick their top five images they associate with New Braunfels and had the opportunity to comment as well: o Both the local and visitor groups chose two river images, a Schlitterbahn image, Gruene Histotic District image, and a Getman Heritage image. Both groups had a significant number of write ins that spoke to the hospitality of the people in our community. o Next steps in 3rd quarter are focus groups in the Katy area that will look at 5 creative options including the current campaign/brand to gauge what the target market finds the most relevant. • A new Convention Sales staff member was hired, Nina Eastman. Ms. Eastman comes to the Chamber with well over a decade of executive experience as a general manager & director of sales with Holiday Inn properties and as former President of the New Braunfels Lodging and Restaurant Association. o The Civic/Convention Center has had 2582.75 how·s of utilization from January to June of2008 with the majority of construction not completed until the end of May. o January through June revenues collected for Civic/Convention Center $73,543 exceeding the year goal and under partial operating conditions. o Event highlights for the first six months are: Associated Plumbing and Heating, CVS Caremark, Mid Texas Symphony, NAWCC Convention, Texas Conservation Coalition, Texas Conservation Coalition, Train Collectors Association, Texas Legislative Conference, and Up with People. 95 o January through December revenues are over $166,407.50 far exceeding estimated revenue. o New extensive booking software for the Civic/Convention Center was purchased along with professional room configuration software. • Group business got a big shot in the arm with the Harley Owners Group Rally. Over 5800 participants register for this three and half day event that sold out every room block in our community and the surrounding areas. Other Group Business includes: o Sons of Confederate Veterans o Texas Excavation Society o Title IV Child Welfare Roundtable o Fire & Iron Rally o Carlson Hayes Reunion o Schnider Reunion o Carsib Reunion o Destefano Reunion o Central Texas Golf Fest (1400 pmticipants) • Promotions in area schools in Houston took place during the 2nd Quarter focusing on New Braunfels and the cooperative Resource Protection Campaign with the City of New Braunfels. Radio Disney performers did 45 minute presentations at 10 schools in the Houston!Katy area with interactive games that featured recycling and anti litter messaging. Pure and Simple ... Keep it Clean. o Another joint project supporting the Pure and Simple, Keep it Clean, New Braunfels program is the production of 30,000 book covers for our community and Houston community schools. • A new Landa Park brochure rack card was designed in cooperation with the Parks and Recreation Department with over 25,000 printed during the second quarter. • Southern Living Article on the "Best Interstate Exits" featured Gruene (exit 190) and Schlitterbahn (exit 190B). • Chamber CVB Director, Judy Young, was a feature editorial writer for the Texas Municipal League Article on City Involvement in Special Events - Texas Town and City. 96 • Film activity continues in New Braunfels with multiple shoots and 6 location scouts (for just one of the below commercials the expenditure in three days was $140,000 in our community): o Ford Commercial- Gruene and surrounding area o Shape Magazine - Gruene o Dos Rios - Spanish Programming - Sophienburg Museum o Converse - Gruene o Bank of America- Naegelin' s Bakery o Travel Channel- Schlitterbahn o Texas Monthly- Wildlife Ranch • A coop opportunity with Sunny 99.1 was developed for the IMAX theatre remote by the Chamber CVB with Wurstfest and Gruene Mansion Inn. • The Chamber CVB provided Public Relations Support the following events through media advisories, e-media newsletters, e- visitor newsletters, e- visitor industry newsletters, Texas Monthly e-newsletters, story pitches, calendar placements, and spokespersons: o Natural Bridge Caverns Illuminated Tour o Hamburg Press Trip o South Texas Water Safety Coalition o Schlitterbahn' s Dragons Revenge o The Brauntex Theatre o Folkfest o Kindermasken Parade o Wine & Saengerfest o City of New Braunfels - Gruene Bridge Opening o Canyon Lake Gorge o Americana Music Jam o Gruene Historic District o Texas Ski Ranch o US State News • Articles and Interviews focusing on New Braunfels appeared in the following media, including their partner websites: o KXAN-TV o Fox -Austin o WOAI-TV o Travel Channel o KTSA o Radio Disney o KENS o KHOU o KABB o KSAT o WFAA 97 o KVUE o KGBT o News8 o San Antonio Express o Orlando Sentinel o Austin American Statesman o Houston Chronicle o PR Newswire o University Wire o Texas Monthly o The Advocate o The Associated Press o TheFatGuy o Abilene Reporter News o Fort Worth Star Telegram o The Dallas Morning News o MusicRoad o TheEagle o Daily Record o The Brownsville Herald o Corpus Christi Caller Times o Current o Super Science o The Oklahoman o Fiesta o Texas Summer Events o MySA.com o LCRA o Texas Hill Country o TourTexas o Convention South o Meeting South 98 ,., City of '8_. New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 4 If Presenter/Contact- Robert Camareno, Assistant City Manager (830) 221-4287 - [email protected] SUBJECT: DISCUSS AND CONSIDER ACTION ON A RESOLUTION REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS TRANSPORTATION COMMISSION, TO DECLARE A 7.142 ACRE TRACT OF LAND SURPLUS AND SOLD TO THE CITY OF NEW BRAUNFELS AND AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO COMPLETE THE SALE. 8ACKGROUND/RATIONALE: The Texas Department of Transportation (TxDOT") owns a 7.142 acre tract of land, more or less, at 2940 South I. H. 35 which it had been using as an area/maintenance facility. TxDOT no longer uses the property for that purpose or any other state highway purpose and is agreeable to selling the property to the City at the appraised value. An appraisal done by TxDOT values the land at $935,406 ($131 ,747/acre) and the improvements at $106,395 for a total value of $1,041,801. Comal County has indicated a desire to purchase a portion of this property from the City once the City has ownership of the property at a pro-rated price based on the appraised land value. Since the property was operated as a maintenance facility, there are some environmental issues that will need to be addressed by the City once it has ownership. The main environmental problems are asbestos in the structures on the property and possible lead based paint in the structures. The City plans to use its portion of the property for a substation facility for public works and site for Fire Station #2. The attached resolution has been requested by TxDOT so that its Commission may consider a minute order declaring the property surplus and sold to the City. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A Strategic Priority: Infrastructure City Plan/Council Objective 1c: Seek opportunities for co X Yes Priority: location of City facilities within the organization and with other public entities FISCAL IMPACT: $1,041,801 from capital improvement contingency funds. Legal/Common/Forms/Agenda ltem/2008-New FormaUResolution.Purchase of TxDOT Facility.IH 35 Page 1 of 1 99 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval. of the Resolution and authorizes the City Manager to deliver the Resolution to TxDOT once the environmental issues have been addressed to his satisfaction. L ai/Common/Forms/Agenda ltem/2008-New Format!Resolution.Purchase ofTxDOT Facility.IH 35 Page 2 of 1 100 RESOLUTION NO. 2008-R __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, REQUESTING THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS TRANSPORTATION COMMISSION, TO DECLARE A CERTAIN 7.142 ACRE TRACT OF LAND IMPROVED WITH AN AREA/MAINTENANCE FACILITY LOCATED AT 2940 S. I.H. 35, NEW BRAUNFELS, COMAL COUNTY, TEXAS, SURPLUS AND SOLD TO THE CITY OF NEW BRAUNFELS; AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO COMPLETE THE SALE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a certain property located at 2940 S. I. H. 35, New Braunfels, Comal County, Texas was acquired by the State of Texas in its own name for an Area/Maintenance Facility. The property consists of 7.142 acres, of land being comprised of a 2.158 acre tract described in conveyance to the State of Texas on the 15th day of July, 1953 in Warranty Deed recorded in Volume 134, Pages 307 -308, a 2.00 acre tract described in conveyance to Texas State Highway Department on the 16th day of June, 1952 in Warranty Deed recorded in Volume 99, Pages 538-539 , a 2.00 acre tract described in conveyance to Texas State Highway Department on the 6th day of June, 1950 in Warranty Deed recorded in Volume 93, Pages 564 -565 and a 1.00 acre tract described in conveyance to the State of Texas on the 29th day of October, 1962 in Volume 135, Pages 610-6 11 of the Deed Records of Coma I County, Texas, out of the Juan Martin de Veramendi Survey No. 2, now all in the City of New Braunfels, Comal County, Texas; WHEREAS, said property and improvements located at 2940 S. I.H. 35., Comal County, New Braunfels, Texas containing 7.142 of acres, more or less, being more particularly described by metes and bounds in attached Exhibit "A" is no longer needed for use by the citizens as an Area/Maintenance Facility or any other state highway purpose; WHEREAS, the CITY OF NEW BRAUNFELS has agreed to purchase said property for the appraised value; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That the City requests the State of Texas, by and through its Texas Transportation Commission ("TxDOT"), to adopt and pass an appropriate Minute Order declaring said property containing 7.142 acres, more or less, described by metes and bounds in attached EXHIBIT "A" to be surplus to the needs of the State and sold to the City of New Braunfels at the appraised amount of $1,041,801. SECTION 2: That the City Manager of the City of New Braunfels is hereby authorized to execute any documents necessary to consummate the sale and purchase of the 7.142 acres, more or less, from TxDOT to City of New Braunfels. LegaVCommon/Resolutions/2008/Resolution.IH 35 - NB Area Office- TxDOT 101 SECTION 3: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED THIS 27th day of October, 2008. CITY OF NEW BRAUNFELS, TEXAS By:~~------ R. Bruce Boyer, Mayor ATTEST: Michael A. Resendez, City Secretary LegaVCommon!Resolutions/2008/Resolution.IH 35 - NB Area Office- TxDOT 2 Hl2 Pagel of 3 April 25, 2006 County: Coma] Highway I-H 35 C'.SJ.: 15-70-0650 NEW BRAUNFELS MAINTENANCE OFFICE PROPERTY DESCRIPTION A 7.142 acre, or 311,096 square feet more or less, tract of land being comprised of a 2.158 acre 111 tract described in convevance., to the State of Texas on the 15 dav.. of Julv,.. 1953 in Warrantv-· Deed recorded in Volume 134, Pages 307-308, a 2.00 acre tract described in conveyance to 1 Texas State Highway Department on the 16 h day of June, 1952 in Warranty Deed recorded in Volume 99, Pages 538-539, a 2.00 acre tract described in conveyance to Texas State Highway Department on the 6th day of June, 1950 in Warranty Deed recorded in Volume 93, Pages 564- 565 and a 1.00 acre tract described in conveyance to the State of Texas on the 29th day of October, 1962 in Volume 135, Pages 610-611 ofthe Deed Records of Coma] County, Texas, out of the Juan Martin de Veramendi Survey No. 2, now all in the City of New Braunfels, Coma] County, Texas. Said 7.142 acre tract being more fully described as follows with bearings being based on North American Datum of 1983 (CORS 1996), from the Texas Coordinate System established for the South Central Zone. BEGINNING: At a set ~~"iron rod with a yellow cap marked "Pape-Dawson", at the intersection of the northwest right-of-way line of Interstate Highway 35, and the northeast right-of way line of Water Lane, a 60-foot right-of-way, the south comer of said 1.00 acre tract, from which a found Yz'' iron rod, at the intersection of the northwest right-of-way line of said Interstate Highway 35, and the southwest right-of-way line of said \Vater Lane bears S 50°50'27''\V, 60.1 feet; 1) THENCE: N 35°35'17"\V, (N 35"15'00"W by deed) along and with the northeast right of-way line of said Water Lane, the southwest line of said 1.00 acre tract, at a distance of 441.1 feet (441. 7 feet by deed) passing through a south corner of said 2.00 acre tract of 1952, continuing along and with the northeast right-of-way line of said Water .Lane. a southwest line of said 1.00 acre tract of 1952, at a distance of 588.7 feet passing through the south corner of said 2.158 acre tract and continuing a called deed distance of 366.4 feet along and with the northeast right-of-way line of said Water Lane, the southwest line of said 2.158 acre tract for a total distance of 955.07 feet to a set W' iron rod with a yellow cap marked "Pape-Dawson", for the \Vest corner of said 2.158 acre trad, at the south corner of Lot 1 of a 1.42 acre tract recorded in Volume I 08, Pages 325-326 of the Deed Records ofComal County, Texas; 2) THENCE: N 54°35'00"E, (N 54°3 7'00"E by deed) departing the northeast right-of-way line of said Water Lane, along and with the southeast line of Lots 1-5 of the said 1.42 acre tract, the northwest line of said 2.158 acre tract a distance of262.78 feet (262.8 teet by deed) to a set '!~" iron rod with a yellow cap marked "Pape-Dawson", for the north corner of said 2.158 acre tract, the west comer of a 0.573 acre tract recorded in Document No. 2005-06041253-4 of the Official Records of Comal County, Texas, from which a found 1" iron pipe bears N l2°34'29"W, 1.9 feet and a found \·2" iron rod with a cap marked "MDS" bearsS 70°03'40"E, 1.0 feet; 103 Page 2 of 3 April 25, 2006 3) THENCE: S 35°35'19"E, (S 35°15'00"E by deed) departing the southeast line of said Lot. 5, along and with the northeast line of said 2.158 acre tract, the southwest line of said 0.573 acre tract, at a distance of 147.5 feet (147.39 feet by deed) for said 0.573 acre tract passing through the west comer of a 0.945 acre tract rccordl!d in document 2004- 06019675 ofthe Official Records ofComal County, Texas, from which a found 1" iron pipe is 0.9 feet left of line and continuing along and with the northeast line of said 2.158 acre tract, the southwest line of said 0.945 acre tract for a to.tal called deed distance of 349.40 feet to a set "PK" nail at chain link fence post, said point being on the northwest line of the aforementioned 2.00 acre tract of 1952, the south corner of said 0.945 acre tract, the east corner of said 2.158 acre tract; 4) 'THENCE: N 51°!3'52"E, (N 5l 0 36'14"E by deed) along and with the northwest line:: of said 2.00 acre tract of 1952, the southeast line of said 0.945 acre tract, a distance of 104.80 feet (I 06.53 feet by deed of adjoining 0. 945 acre tract) to a fence post on the soutln.vest line of a certain tract or parcel of land described in conveyance to Roger Lee Brinkkoeter on the 4th day of October, 1966 in Warranty Deed recorded in Volume I 52, Pages 100-10 I of the Deed Records of Coma! County, Texas, a \Vest corner of that 4.2 acre R & K Subdivision recorded in Volume 107, Pages 376-379 ofthe Deed Records of Coma! County, Texas, a west corner of said 0.945 acre tract; 5) 'THENCE: S 35°52'01"E, (S 35"15'00"E by deed) along and with the northeast line of said 2.00 acre tract of 1952, the common southwest line of said 4.2 acre tract and said certain tract or parcel of land, at a distance of 56.4 feet passing through the south comer of said certain tract or parcel of land, continuing along and with the northeast line of said 2.00 acre tract of 1952, the southwest line of said 4.2 acre tract at a distance of 367.6 feet (368.45 feet by deed) passing through the west corner of a I .123 acre tract recorded in Document No. 2000-06010975 of the Official Records of Coma! County, Texas from which a found 1/i" iron rod with a cap marked "RPLS 4069" is 0.9 feet left of line and continuing along and with the northeast line of said 2.00 acre tract, the southwest line of said 1.123 acre tract for a total distance of 587.60 feet (589.30 feet by deed) to a set ~~1" iron rod with a yellow cap marked "Pape-Dawson", said point being on the northwest right-of-way line of the aforementioned Interstate Highway 35, the south corner of said 1.123 acre tract, the east corner of said 2.00 acre tract of 1952 from which a found W' iron rod with a cap marked "RPLS 4069", on said northwest line of Interstate Highway 35 bears N 50°50'27"E, 2.3 feet: 104 Page 3 of3 April 25, 2006 6) THENCE: S 50°50'27"\V, (S 51 o 19'00"\V by deed) along and with the northwest right-of way line of said Interstate Highway 35, the southeast line of said 2.00 acre tract of 1952, at a called deed distm1ce of 74.0 feet passing through the east corner of the af()rementioned 2.00 acre tract of 1950, continuing along and with the northwest right-of way line of said Interstate Highway 35, the southeast line of said 2.00 acre tract of 1950 a called deed distance of197.20 feet, at a distance of 271.2 feet passing through a found Texas Department of Transportation monument, at the east corner of the aforementioned I .00 acre tract, and continuing along and with the northwest right-of-way line of said Interstate Highway 35, the southeast line of said 1.00 acre tract, at a distance of 368.2 feet passing through a found Texas Department of Transportation monument and continuing for a total distance of 371.00 feet by a cumulative deed distance of 370.0 feet to the POINT OF BEGINNING and containing 7.142 acres in the City of New Braunfels, Coma! County, Texas. Said tract being described in accordance \Vith a survey made on the ground and a survey map prepared by Papc-Dav\'Son Engineers, Inc. This 25' 11 day of April, 2006 Revised: May 16, 2006 John Noel Nicholls R.P.L.S. 4402 PAPE-DAWSON ENGINEERS INC. 555 East Ramsey San Antonio, Texas, 78216 210-375-9000 105 - i I~ - ____ l ..... W•I(of.ii\IQ-Jtlf'-~t-t\IO' .. ~,Cityof ~-'-.,New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 5 (A) Presenter/Contact- Alan C. Wayland SUBJECT: EXECUTIVE SESSION (A) 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. 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: I N/A I City Plan/Council Priority: j FISCAL IMPACT: NIA BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A Hl9 f',Cityof ~~New Braunfels City Council Agenda Item Report October 27, 2008 Agenda Item No. 6 Presenter/Contact - Mayor Bruce Boyer SUBJECT: REPORTS A) City Council B) Staff • City Attorney- Update on Attorney General's Opinion #GA-0668 (2008) BACKGROUND/RATIONALE: N/A ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: >J NIA I City Pian/Council Priority: I FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A D 110 THE TEXAS MUNICIPAL LAWYERM A newsletter published by Bovey & Bojorquez, LLP • October 13, 2008 Usually when such items are on an agenda, the city council did not engage in any discussion or ----·™B~Y take any action regarding these items. BOJO~,LLP The AG concluded that the manner in which the Attorneys-At-Law agenda items were posted was inadequate as a Uniquely Qualified to Serve Municipalities matter of law. The AG explained that the "general and generic nature of the notice does not NEW AG OPINION ON MEETING AGENDAS Last sufficiently notify a reader, as a member of the week, in opinion number GA-0668 (2008), the Of interested public, of the subjects of the update fice of the Attorney General of Texas (AG) clari and reports to be discussed at any particular fied the notice requirements of the Texas Open meeting." Further, the subjects to be addressed Meetings Act, Government Code Chapter 551 by the posted agenda items can be presumably ("the Act"). In essence, the AG was asked to con ascertained in advance by the city, and thus are sider how the Act applied to vaguely worded capable of being described on agendas in more agenda items such as a "report" delivered at a detail. meeting by a city manager, or an "update" by a member of the city council. In light of the AG' s response, it is important for municipalities to formulate agenda items that: (1) The AG addressed a common item that appears on are specific enough to sufficiently notify a mem agendas in several municipalities, which is typi ber of the general public ofthe topics that will be cally posted simply as "City Manager's Report." discussed at the city council meeting, and (2) ad Under this item, a city manager might "state, de dress subjects that can be determined in advance. scribe, and announce upcoming agenda items, the date and time for local meetings, the status of city Furthermore, the AG stated that the Act allows a department issues, the receipt of City awards, and limited response (a brief statement of fact or ex the arrival of new department directors." isting policy) to an inquiry about a subject not included in the posted notice while preventing Similarly, the AG also evaluated agenda items deliberation or making a decision about the sub worded simply as "mayoral update" or "city ject matter of the inquiry. In other words, the Act council report," which often involve questions by does not allow a full-blown discussion or meet the city council to city staff regarding city poli ing about a "report" if the subject of the report cies or activities; request by council for informa was not clearly identified on the agenda. tion or reports from staff; reports of activities of individual council members and staff; constituent PRACTICAL POINTERS concerns; current topics raised by media; follow up on Staff assignments; scheduling of future I. Describe topics or subject matter for "reports" council meetings and activities; and other brief that are listed on the agenda. discussions regarding city-related matters." In 2. Conduct staff meetings to prepare agendas. the city about which the AG opinion was issued, 3. Set early deadlines for the submission of when these agenda items were posted, the city agenda items . council generally extended its gratitude to staff or 4. Have your city attorney review the agenda other members of the public, and advised the city prior to posting. manager of citizen complaints, the location of potholes, and city-related news and matters. 12325 Hymeadow Dr., Ste 2-100, Austin, Texas 78750 • Phone: 512-250-0411 • Fax: 512~250-0749 • www.texasmunicipallawyers.com © 2008 Bovey & Bojorquez, LLP. All rights reserved. Bovey & Bojorquez, LLP and the Bovey & Bojorquez, LLP logo are trademarks of Bovey & Bojorquez, LLP. 111 TM THE TEXAS MUNICIPAL LAWYER Page 2 of2 of State's Elections Division. Cristina also has civil litigation experience and prosecuted criminal cases as an Assistant Atascosa County Attorney. Cristina is an associate with our firm, and her practice emphasizes Election Law and Employ ment Law. Tyler Jarl is a summa cum laude alumnus of St. Edwards University, with a focus on government, his tory, and political science. Tyler is the firm's office assistant. Front: Associate Margaret Chen Kercher, Office Manager Geri Jar!, Associate Cristina Ruiz Blanton. Rear: Office Assistant Ty ler Jar!, Associate Roger Gordon, Partner Alan Bojorquez, Partner Cary Bovey, and Associate Jonathan Koury. EDUCATIONAL OPPORTUNITIES The semi annual meeting of the Texas City Attorneys Asso FEATURED TEAM PROFILE The firm is pleased ciation (TCAA), to be held on October 30th in to introduce three outstanding professionals who San Antonio, will feature a presentation by Alan recently joined the B&B team. Bojorquez on the Ethical Challenges confronting Municipal Lawyers. Margaret Chen Kercher received her law degree from Baylor Law On December 5th, Christina Ruiz Blanton will School, where she was a member present a session on the Legal Aspects of Flex of the Association of Trial Law time and Telecommuting at the Texas Municipal yers of America Mock Trial Team Human Resources Association's Employment and the Order of Barristers. She Law Seminar in Rockwall. received her Bachelor of Arts from the University of Texas at Austin. Margaret is an associate HOLIDAY CELEBRATION B&B's 7th annual with our firm, and her practice is committed to Christmas Party will be held on Friday, Decem providing general legal counsel to Texas munici ber 5th, at the firm's offices in Austin. RSVPs palities. should be sent to Office Manager Geri Jarl at: [email protected]. Cristina Ruiz Blanton graduated with a degree in Corporate Finance from the University of Texas- Pan American. Cristina received her B~Y law degree from St. Mary's School of Law in San Antonio, Texas. BOJO~,LLP Previously, she served as a Staff Attorneys-At-Law Attorney with the Texas Secretary Uniquely Qualified to Serve Municipalities This newsletter is provided for educational purposes, only, and does not constitute legal advice. • www.texasmunicipallawyers.com © 2008 Bovey & Bojorquez, LLP. THE TEXAS MUNICIPAL LAWYER, Bovey & Bojorquez, LLP. and the Bovey & Bojorquez. LLP logo are trademarks of Bovey & Bojorquez. LLP.