new braunfels, texas

REGULAR CITY COUNCIL MEETING NEW BRAUNFELS MUNICIPAL BUILDING- CITY COUNCIL CHAMBERS

424 S. CASTELL AVENUE DECEMBER 10,2007-6:00 P.M.

The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve.

AGENDA

CALL TO ORDER: DECEMBER 10,2007@ 6:00P.M.

CITY SECRETARY CALL OF ROLL:

PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG

INVOCATION: COUNCILMEMBER MARK GOODNER

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

1. MINUTES CONSIDER APPROVING THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 26, 2007. Pages 1-10 M. Resendez, City Secretary

2. PRESENTATIONS

(A) PRESENTATION FROM THE WAYFINDING SIGN COMMITTEE CONCERNING POSSIBLE CHANGES TO PHASE II OF THE INSTALLATION OF WAYFINDING SIGNS ON TXDOT RIGHT-OF-WAY. 1 T. Wuest, Wayfinding Sign Committee Member

(B) PRESENTATION BY THE GREATER NEW BRAUNFELS CHAMBER OF COMMERCE ON THE SEMI-ANNUAL REPORT REGARDING ECONOMIC DEVELOPMENT ACTIVITIES. Page 12 M. Meek, President of the Greater New Braunfels Chamber of Commerce

(C) PRESENTATION FROM JON HOCKENYOS WITH TXP ON TOURISM STUDY WITH DISCUSSION IF NECESSARY. Page 13 Jon Hockenyos

3. CITIZENS' COMMUNICATIONS- THIS TIME IS FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON ISSUES AND ITEMS OF CONCERN, NOT ON THIS AGENDA. THERE WILL BE NO CITY COUNCIL ACTION AT THIS TIME. Page 14 Mayor Bruce Boyer

4. CONSENT AGENDA Pages 15-16 ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE AND NONCONTROVERSIAL 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 AMENDMENT TO THE SIGN ORDINANCE ADDING A SECTION TO INCLUDE A 180 DAY WAITING PERIOD FOR REAPPLICATION OF CONDITIONAL SIGN PERMITS. Pages 17-18 B. Kinsey, Interim Planning Director

(B) APPROVAL OF THE PURCHASE OF A FRONT LOADER AND AUTOMATED VEHICLES FROM CHASTANG'S BAYOU CITY AUTOCAR UNDER THE BUYBOARD COOPERATIVE AGREEMENT. Pages 19-20 J. Ballowe, Assistant Public Works Director!M. Quinones, Purchasing Manager

(C) APPROVAL OF THE FIRST READING OF AN ORDINANCE ABANDONING 0.134 ACRES OF PLUM STREET RIGHT-OF-WAY AT THE INTERSECTION OF MICHIGAN STREET. Pages 21-29 B. Kinsey, Interim Planning Director

(D) APPROVAL OF THE FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, PROVIDING FOR THE CLOSURE OF THE FOLLOWING STREET SEGMENT, TO-WIT: GARDEN STREET FROM THE INTERSECTION OF CASTELL AVENUE SOUTH TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; MAKING VARIOUS FINDINGS AND PROVISIONS RELAT.ED TO THE SUBJECT. B. Kinsey, Interim Planning Director Pages 30-36

(E) APPROVAL OF THE FIRST READING OF AN ORDINANCE ANNEXING APPROXIMATELY 1.881 ACRES ON FM 1101 NEAR BARBAROSA ROAD. Pages 37-44 B. Kinsey, Interim Planning Director

(F) APPROVAL OF THE PURCHASE OF GOLF COURSE MAINTENANCE EQUIPMENT FROM AUSTIN TURF AND TRACTOR. Page 45 S. Laird, Parks and Recreation Director!M. Quinones, Purchasing Manager

(G) APPROVAL OF THE PURCHASE OF ELECTRICAL INSTALLATION SERVICES FROM CHC ELECTRIC, INC. FOR THE PORTABLE OFFICE BUILDINGS. Page 46 B. Kinsey, Interim Planning Director!M. Quinones, Purchasing Manager

(H) APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF THE ARTS AND CRAFTS BUILDING AT .THE COMAL COUNTY FAIRGROUNDS. Pages 47-49 A. Wayland, City Attorney

(I) APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF THE STOP SIGNS AT JERAD STREET AND STONECREST PATH, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS. Pages 50-52 S. Ramsey, Public Works Director

(J) APPROVAL OF A WAIVER TO THE CRISTAMAR SUBDIVISION TO NOT REQUIRE A WATER AVAILABILITY STUDY. Pages 53-57 B. Kinsey, Interim Planning Director

(K) APPROVAL OF THE PURCHASE OF A GRASS AND BRUSH FIRE FIGHTING APPARATUS FROM PHILPOTT FORD UNDER THE BUYBOARD COOPERATIVE AGREEMENT AND A BUDGET TRANSFER FROM OPERATING EXPENSE TO CAPITAL EXPENSE IN THE FIRE DEPARTMENT'S FY 2007-08 ADOPTED BUDGET. J. Herber, Fire Chief!M. Quinones, Purchasing Manager Page 58

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5. INDIVIDUAL ITEMS FOR CONSIDERATION

(A) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING APPROXIMATELY 3.06 ACRES CONSISTING OF 14 PROPERTIES ON S. UNION, S. WASHINGTON AND E. MATHER STREETS, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" AND "R-1A-6.6 SINGLE FAMILY DISTRICT" TO "C-4A RESORT COMMERCIAL DISTRICT". Pages 59-73 B. Kinsey, Interim Planning Director

(B) DISCUSS AND CONSIDER A CONDITIONAL SIGN PERMIT REQUESTED BY GUNNARSON ADVERTISING. Pages 74-89 B. Kinsey, Interim Planning Director

(C) DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION SUPPORTING THE SUBMISSION OF A REQUEST FOR FUNDING UNDER THE STATE HOMELAND SECURITY PROGRAM AND AUTHORIZING THE CITY MANAGER 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 ANY RESULTING AWARDS. Pages 90-91 V. Brown, Intergovernmental Services Manager

(D) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 365 COMAL AVENUE, KNOWN AS "THE LUDWIG AND HERMANN WILKE HOUSE", AS A HISTORIC LANDMARK ACCORDING TO CHAPTER 66, ARTICLE Ill, AND AMENDING THE ZONING MAP. Pages 92-108 B. Kinsey, Interim Planning Director

(E) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 38.078 ACRES ON FM 1044 ADJACENT TO THE PROPOSED HIGHLAND GROVE SUBDIVISION, FROM "APD AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "R-1A-6.6 SINGLE FAMILY DISTRICT". Pages 109-129 B. Kinsey, Interim Planning Director

(F) PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR LOT 10, NCB 4031, KNOWN AS 1153 LEE STREET, TO ALLOW THE EXISTING BUILDING TO BE UTILIZED AS A REAL ESTATE AND PROPERTY MANAGEMENT OFFICE IN AN "R-2 SINGLE AND TWO-FAMILY DISTRICT". B. Kinsey, Interim Planning Director Pages 130-141

(G) DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH THE SCHULTZ GROUP, INC. REGARDING THE CHURCH HILL IMPROVEMENT PROJECT. Pages 142-145 S. Ramsey, Public Works Director

(H) DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH KLOTZ ASSOCIATES, INC. REGARDING THE WALNUT AVENUE EXTENSION PROJECT. Pages 146-155 S. Ramsey, Public Works Director

(I) DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH KLOTZ ASSOCIATES, INC. REGARDING THE GRUENE ROAD HIKE/BIKE LANE PROJECT. Pages 156-159 . S. Ramsey, Public Works Director

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(J) DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES REGARDING THE SOUTH TRIBUTARY REGIONAL FLOOD CONTROL PROJECT. Pages 160-162 S. Ramsey, Public Wolks Director

(K) DISCUSS AND CONSIDER APPROVAL OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY'S CONTRIBUTION TO THE PURCHASE OF RIGHT-OF-WAY FOR THE LOOP 461MPROVEMENT PROJECT. D. Korinchock, Chief Financial Officer Pages 163-166

(L) DISCUSS AND CONSIDER APPROVAL OF THE PURCHASE OF CONSTRUCTION SERVICES FOR THE LANDA PARK BATHHOUSE RENOVATIONS FROM R.L. ROHDE GENERAL CONTRACTING, INC. Page 167 S. Laird, Palks and Recreation Director!M. Quinones, Purchasing Manager

(M) DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR DESIGN SPECIFICATIONS FOR PARK IMPROVEMENTS AT PRINCE SOLMS PARK AND INSTALLATION OF SIDEWALKS AND FENCING. S. Laird, Palks and Recreation Director Page 168

(N) DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO CAST FIFTY-THREE (53) VOTES TOWARD THE ELECTION OF A MEMBER OF THE GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS. Pages 169-175 M. Resendez, City Secretary

(0) DISCUSS AND CONSIDER ACTION REGARDING THE FOLLOWING CITY OF NEW BRAUNFELS BOARD & COMMISSION APPOINTMENTS: Pages 176-190

1) THREE MEMBERS TO THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE FOR THREE-YEAR TERMS ENDING DECEMBER 13, 2010.

2) FIVE MEMBERS TO THE DESIGN/SIDEWALK COMMITTEE FOR TWO-YEAR TERMS ENDING DECEMBER 31, 2009. FOUR APPOINTMENTS BEING OWNERS OR OCCUPANTS OF PROPERTY WITHIN THE DOWNTOWN BUSINESS CORRIDOR AND ONE APPOINTMENT BEING AN AT-LARGE POSITION.

3) TWO MEMBERS TO THE LANDA PARK GOLF COURSE ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31, 2010. ONE APPOINTMENT FROM THE NEW BRAUNFELS MEN'S GOLF ASSOCIATION AND THE OTHER BEING AN AT-LARGE POSITION.

4) TWO MEMBERS TO THE MAIN STREET ADVISORY BOARD FOR THREE-YEAR TERMS ENDING DECEMBER 31,2010. M. Resendez, City Secretary

6. REPORTS Page 191

a) CITY COUNCIL'S REPORT

b) STAFF REPORTS

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City Council reserves the right to hear any of the above described agenda items that qualify for an executive session in an executive session by publicly announcing the applicable section number of the Open Meetings Act (Chapter 551 of the Texas Government Code) that justifies executive session treatment.

ADJOURNMENT

CERTIFICATION

I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Braunfels Municipal Building on December 7, 2007 at 10: 0

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NOTE: ities who plan to attend this meeting and who ay need auxiliary aids or services rs 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.

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MINUTES REGULAR CITY COUNCIL MEETING

NOVEMBER 26, 2007

The City Council of the City of New Braunfels, Texas, met in Regular Session on November 26, 2007.

City Councilmembers present were: Mayor Bruce Boyer, presiding; and Councilmembers Richard Zapata, Mark Goodner, Gale Pospisil, Pat Wiggins, Kathleen Krueger and Steven Digges.

City Staff present were: City Manager Michael E. Morrison, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Interim Planning Director Robert Kinsey, Chief Financial Officer Deborah Korinchock, Parks and Recreation Director Stacey Laird, Purchasing Manager Mary Quinones, Intergovernmental Services Manager Victoria Brown, Recycling Coordinator Carol Clark, Assistant Public Works Director James Ballowe, Airport Director Andy Spinks, Public Works Director Steven Ramsey, Information and Technology Specialist Joy Abernathey and Information and Technology Manager Kern Tilley.

Also present were: John Malik, Monroe Miller, Michael Meek, Darrell David, Nancy Bower, Laurie Hawkins, Jan Kotylo, Patsy Wotipka, Jerry Walker, Tracy Williams, Dolly Williams, Stuart Hansmann, Maddie Hansmann, Cody Hansmann, Rosemary Allen, Jeff Binford, Vladimir Pospisil, David W. Cummings, Roger Gunnarman, Carol Johnson, Jane Henderson, Jay Brewer, Blair Brown, Chris Douglas, Bobbie Harris, Leona Hardy, Gladys Krause, and News Reporters Chris Cobb and Bryan Feltner.

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

PROCLAMATIONS: Mayor Boyer read the above and foregoing caption.

Mayor Boyer issued two proclamations commencing with "Energy Education Week" which urged all citizens of New Braunfels to realize the importance of saving energy and saving our environment. The second proclamation issued was "Wassailfest Day" and urged all citizens to participate in the 15th annual event transforming the downtown area into a holiday wonderland with over 50 Wassail Stops and Open Houses.

MINUTES: Councilmembers considered approval of the minutes of the Regular Meeting of November 12, 2007.

November 26, 2007 New Braunfels Regular City Council Meeting

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Mayor Pro-tem Pospisil moved to approve the minutes as presented. Councilmember Wiggins seconded the motion which was approved by City Council unanimously.

ADMINISTER OATH-OF-OFFICE TO COUNCILMEMBER-ELECT, DISTRICT SIX, STEVEN DIGGES: Mayor Boyer read the above and foregoing caption.

City Secretary Resendez placed Steven Digges under oath and issued the oathof-office to Councilmember-Eiect Digges.

CITIZENS' COMMUNICATIONS:

Nancy Bower of 265 Shady Hollow, New Braunfels, Texas, speaking on behalf of the New Braunfels Downtown Association's Parking Committee informed City Council that the committee had recently presented specific solutions that focus primarily on short-term parking to City and County officials. Ms. Bower asked that City Council understand the sense of urgency for the need of expanded downtown parking. She continued by listing six recommendations that the Downtown Association felt would help the situation.

Patsy Wotipka of 845 Timber Drive, New Braunfels, Texas, speaking on behalf of the New Braunfels Sophienburg Museum and Archives invited City Council and the public to Weihnachtsmarkt, a shopping extravaganza to benefit the museum, scheduled from November 30, 2007 to December 2, 2007.

Lastly, Jan Kotylo of 1840 Pebble Brook, New Braunfels, Texas, invited everyone to the Christmas Tour of Homes in connection with Festtage events. She noted that the event would occur on Saturday, December 1, 2007, from 10:00 a.m. to 5:00p.m.

CONSENT AGENDA:

Prior to the reading of the Consent Agenda, Councilmember Krueger requested that Item (E) related to the donation of a painting be removed from the Consent Agenda. Mayor Boyer read the Consent Agenda as listed below minus item (E). Mayor Pro-tem Pospisil moved to approve the Consent Agenda as presented below. Councilmember Goodner 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 15.785 ACRES LOCATED ON THE WEST SIDE OF FM 725 AND APPROXIMATELY 1000' SOUTH OF KLEIN ROAD, FROM "C-3 COMMERCIAL DISTRICT" AND "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT" WITH AN ADDITIONAL RESTRICTION.

Ordinance No. 2007-86

November 26, 2007 New Braunfels Regular City Council Meeting 2

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(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253; AND DECLARING AN EFFECTIVE DATE.

Ordinance No. 2007-87

(C) APPROVAL OF FY 2006-07 YEAR END BUDGET TRANSFERS AND ADJUSTMENTS IN THE GENERAL FUND, THE RIVER ACTIVITIES FUND, THE AIRPORT FUND, THE GOLF FUND AND THE LANGLAND LIBRARY FUND. As noted in the agenda packet on pages 21 and 22, Finance staff recommended transfers and adjustments in the above and foregoing departments as part of the process to close out the fiscal year.

(D) 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 ACKNOWLEDGING A REQUEST FROM KOONTZMCCOMBS TO BUILD ITS FIRST BUILDING ON THE 29 ACRE TRACT OF LAND ON FM 306 NEAR THE INTERSECTION OF GOODWIN LANE; AND DECLARING AN EFFECTIVE DATE.

Resolution No. 2007-R55

(F) APPROVAL OF A RESOLUTION APPROVING THE RESOLUTION OF THE NEW BRANFELS INDUSTRIAL DEVELOPMENT CORPORATION (NEW BRAUNFELS INFRASTRUCTURE/ IMPROVEMENT CORPORATION) RATIFYING THE NAME CHANGE OF THE CORPORATION; RATIFYING PREVIOUS ACTIONS OF THE CORPORATION; AND DECLARING AN EFFECTIVE DATE.


(G) APPROVAL OF THE PURCHASE OF REFUSE AND RECYCLING CONTAINERS FROM TOTER, INC. UNDER THE STATE OF TEXAS TERM CONTRACT. As noted in the agenda packet, staff was recommending that 250 (48 gallon) containers be ordered at $43.25 each and that 6,000 (96 gallon) containers be ordered at $45.73 each.

(H) APPROVAL OF THE PURCHASE FROM LCRA OF MAINTENANCE AND OTHER RELATED SERVICES FOR THE RADIOS AT THE POLICE AND FIRE DEPARTMENTS. As noted in the agenda packet, radio maintenance services through LCRA were budgeted in the FY 2007-08 adopted budget for the Police Department at $62,000 and for the Fire Department at $38,000.


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(I) APPROVAL OF A RESOLUTION SUPPORTING THE SUBMISSION OF TWO (2) REQUESTS FOR FUNDING UNDER THE FY 2007 HOMELAND SECURITY GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO ACCEPT AWARDS RESULTING FROM THOSE REQUESTS AND EXECUTE ALL REQUIRED DOCUMENTATION ASSOCIATED WITH SUCH AWARDS.


(J) APPROVAL OF LICENSE AGREEMENT BETWEEN HCKC, INC. AND TEXAS SUPERMOTO TWO, L.L.C. AND THE CONSENT AND AGREEMENT OF GROUND LESSOR, GROUND LESSEE, AND MORTGAGEE FOR USE OF GO-KART FACILITY AT THE NEW BRAUNFELS MUNICIPAL AIRPORT BY TEXAS SUPERMOTO TWO, L.L.C. As noted in the agenda packet, staff recommended approval of the license agreement and ground lease between HCKC, Inc. and Texas Supermoto Two, L.L.C.

CONSENT AGENDA ITEM (E) APPROVAL OF A RESOLUTION ACKNOWLEDGING A DONATION TO THE CITY OF NEW BRAUNFELS OF AN ORIGINAL PAINTING BY ARTIST FERNANDO DASILVA AND DIRECTING THAT THE PAINTING BE PLACED INTO THE CITY'S INVENTORY: Mayor Boyer read the above and foregoing caption.

Councilmember Krueger mentioned that she had pulled this item from the Consent Agenda to publicly recognize Mr. Oa Silva for his donation.

Intergovernmental Services Manager Victoria Brown introduced this item to City Council. She informed City Council of Mr. Da Silva's artistic background, accomplishments and current life status. Ms. Brown also explained to City Council how the original painting of the bandstand (circa 2001) had been donated to the City of New Braunfels.

Following Ms. Brown's introduction, Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Wiggins seconded the motion which was approved unanimously by City Council.

Resolution No. 2007-RSB

DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ACCELA, INC. FOR LAND AND ASSET MANAGEMENT SOFTWARE AND IMPLEMENTATION, AND FOR ONE PROJECT MANAGER POSITION TO MANAGE THE IMPLEMENTATION PROJECT: Mayor Boyer read the above and foregoing caption.


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Chief Financial Officer Korinchock informed City Council that in May 2007, the City of New Braunfels and the City of Southlake issued a joint request for proposals for land and asset management. She noted that four out of seven vendors responded and all four were asked to demonstrate their software. Chief Financial Officer Korinchock noted that following t~e evaluation process, City staff unanimously recommended that Accela, Inc. be selected since its software met the City's needs in support of asset management and the land development process. She further noted that the City of Southlake also selected Accela, Inc. and that staff was currently working with Accela, Inc. to finalize the scope of work and pricing for implementation of this new software system for the City.

Chief Financial Officer Korinchock continued her presentation by listing some of the City's deficiencies in resources and business processes and informed City Council of some of the attributes and results that would be gained from acquiring the new software from Accela, Inc.

Chief Financial Officer Korinchock noted that the second component to achieve success of this project related to project management of the project. She stated that staff was recommending the project have a full time project manager since four to five departments would be heavily involved. She stated that it would take a full time person in charge to make the system work effectively for everyone. Ms. Korinchock added that this individual would make sure the project stayed on time and on budget and mentioned that the life of the position would be limited to the life of the project which she said could last 12 to 15 months. She later added that the estimated annual cost of the project manager position was $99,400.

Following questions from Councilmembers, Mayor Pro-tem Pospsil moved to authorize the City Manager to enter into a contract with Accela, Inc. for the land and asset management software and to authorize the Project Manager position for implementation of the project. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS CAACOG) FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF NEW BRAUNFELS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED . THE CITY OF NEW BRAUNFELS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS: Mayor Boyer read the above and foregoing caption.

Assistant Public Works Director Ballowe commenced this item by presenting a short video on the City's recycling program. The video addressed the benefits of


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recycling which began in the City in 1995. The video made reference to the amount of resources that could be salvaged through recycling efforts and the types of items that were eligible for recycling. The video then covered information related to green waste pickup, the availability of green waste recycle bags for the public, fee base brush removal, and the Comal County Recycling Center.

Next, Recycling Coordinator Clark informed City Council that the Solid Waste Department was applying for two grants which involved items to increase educational outreach through the creation of a Walk Around Mascot, a logo imprinted pop-up canopy, a table and logo imprinted table cloth, and various displays, posters, and banners. She stated these items would be used at functions to increase visibility in order to establish a stronger brand image for recycling. Ms. Clark continued by noting that the second grant would allow for the purchase of a compactor to increase the City's efficiencies in cardboard recycling.

Proceeding with the agenda item, Assistant Public Works Director Ballowe reported on the number of resources that were saved through recycling efforts and the revenue funds generated as well as monies saved in disposal costs.

Mayor Pro-tem Pospisil then moved to approve the resolution· as presented. Councilmember Krueger seconded the motion.

Mayor Boyer opened the floor to public input.

Monroe Miller of 780 Lockener, New Braunfels, Texas, requested that the City consider curbside pick up of cardboard products.

John Malik of 1927 Lou Ann Drive, New Braunfels, Texas, made comments related to the positive education children were now receiving pertaining to recycling.

Following the above-mentioned public input, City Council unanimously approved the resolution as presented.


DISCUSS AND CONSIDER APPROPRIATE ACTION REGARDING AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A DATA COMMUNICATIONS MANAGED SOLUTION FOR THE CIVIC CENTER: Mayor Boyer announced that this item had been pulled from the agenda.

DISCUSS AND CONSIDER APPROVAL OF LEASE AGREEMENTS BETWEEN CITY OF NEW BRAUNFELS AND RAVENSTAR OUTDOOR EDUCATION: Mayor Boyer read the above and foregoing caption.

Parks and Recreation Director Laird stated that staff was seeking approval from City Council to enter into a lease agreement for a small building located at Torrey Park with Ravenstar Outdoor Education, a 501 (c)(3) nonprofit organization that was founded


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in 2000 with the mission of engaging and exposing students of all ages to nature and the natural resources of Texas.

Next, Blair Brown with Ravenstar Outdoor Education, informed City Council that their mission was to provide hands-on outdoor experiences for students with the assistance of local organizations. Ms. Brown added that the site would be used to house offices, set up an astronomy observatory, provide outdoor learning stations for geology, paleontology, archeology, conservation demonstrations and educational gardens.

Chris Douglas of 198 Talisman Drive, New Braunfels, Texas, in behalf of Communities in School spoke of the lives that had been changed through Ravenstar Outdoor Education Programs and encouraged City Council to enter into this lease agreement.

Bobbie Harris of 845 E. Torrey Street, New Braunfels, Texas, spoke with excitement of the benefits that would be provided to this community through the approval of this item.

Jane Henderson of 825 Josephine Street, New Braunfels, Texas, said that from personal experience, the relationship between the City of New Braunfels and Ravenstar would be beneficial to the community.

Following comments from the public, Mayor Pro-tem Pospisil moved to approve the lease agreement between the City of New Braunfels and Ravenstar Outdoor Education. Councilmember Digges seconded the motion.

After positive comments from Councilmembers, City Council unanimously approved the motion proposed by Mayor Pro-tem Pospisil to approve the lease agreement between the City of New Braunfels and Ravenstar Outdoor Education ..

PUBLIC HEARING AND FIRST READING OF AN AMENDMENT TO THE SIGN ORDINANCE ADDING A SECTION TO INCLUDE A 180 DAY WAITING PERIOD FOR REAPPLICATION OF CONDITIONAL SIGN PERMITS: Mayor Boyer read the above and foregoing caption.

Interim Planning Director Kinsey told City Council that this item was prompted by an application that was denied about six weeks ago that had been brought back to City Council by the applicant that should've appeared on this evening's agenda. He stated that the 180 day waiting period for reapplication of conditional sign permits was being added to maintain consistency with zoning and special use permits. Interim Planning Director Kinsey noted that any reapplications in place would not be affected by this ordinance.

Mayor Boyer then opened the floor to public input.


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Following no public input, Mayor Pro-tem Pospisil moved to close the public hearing. Councilmember Krueger seconded the motion which was unanimously approved by City Council.

Proceeding with the item, Mayor Pro-tem Pospisil moved to approve the first reading of this ordinance as presented. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.

DISCUSS AND CONSIDER 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 APPROVING A GRANT UP TO AN AMOUNT OF $180,000 TO THE NEW BRAUNFELS ENTREPRENEURSHIP CENTER FOR CAPITAL IMPROVEMENTS, EQUIPMENT, MAINTENANCE, AND ADVERTISING IN SUPPORT OF A BUSINESS INCUBATOR PROJECT: Mayor Boyer read the above and foregoing caption.

Following a short introduction by City Attorney Wayland, Monroe Miller of 780 Lockener, New Braunfels, Texas, Secretary for the New Braunfels Industrial Development Corporation, explained the concept of the idea to City Council.

Mr. Miller noted that the New Braunfels Industrial Development Corporation had been working with the Central Texas Technology Center, the Comal Independent School District, the New Braunfels Independent School District, the City of Seguin, and others to develop a culinary arts program for existing and potential small businesses. Mr. Miller further noted that the Comallndependent School District had surplus property at the Goodwin Primary School that would initially be used for the project and that the Alamo Community College District had offered to pay certain costs with regard to faculty. Mr. Miller added that it was anticipated that the program would initially require about $400,000+ to fund capital improvements, equipment, maintenance, and advertising and it was proposed that a new organization be formed (New Braunfels Entrepreneurship Center) that would be responsible for the initial and subsequent programs. It was noted that funding above the $180,000 would be provided by other entities.

Next, positive comments with regards to this item were received from Darrell David of 1819 Pebble Brook, New Braunfels, Texas, John Malik of 1927 Lou Ann Drive, New Braunfels, Texas, and Michael Meek of 786 Timber Drive, New Braunfels, Texas.

Following comments from Councilmembers, Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.



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DISCUSS AND CONSIDER 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 APPROVING A GRANT IN AN AMOUNT OF $353,000 TO DORADO DEVELOPMENT COMPANY FOR DRAINAGE IMPROVEMENTS: Mayor Boyer read the above and foregoing caption.

The item commenced with City Attorney Wayland noting that the request had been approved by a 4 to 2 vote by the New Braunfels Industrial Development Corporation with the conditions that (1) 75,000 square feet of retail be constructed and leased within five years of the agreement with Dorado Development Company, and (2) the City accept and maintain the drainage structure upon completion of the construction.

City Attorney Wayland added that Dorado Development Company owned a tract of land at the southeast intersection of IH-35 and FM 1044, a portion of which was occupied by the new Lowe's store. He stated that the eastern portion of the tract was presently encumbered by a TxDOT right-of-way easement that was used for drainage retention and that the easement hindered the development of the tract for retail purposes. City Attorney Wayland mentioned that TxDOT had agreed to release and abandon its easement if other accommodations were made to handle the drainage. It was noted that Dorado Development Company was proposing to construct an underground concrete drainage channel that would convey the drainage across the tract and to the City's drainage channel at the rear of the property. It was further noted that Dorado Development Company had requested a $353,000 grant for assistance in constructing the drainage structure that would allow the tract to be developed with more retail space resulting in increased property values, increased sales tax, and additional jobs.

City Manager Morrison noted that City Council had been provided with a cost benefit analysis on the project and that the drainage improvements could have a regional impact between the Lowe's and the additional retail and could positively impact the drainage situation on the City's North Tributary. He noted that there was a positive cost benefit for this development and that the drainage improvements would enhance the overall project in terms of it being more developable and would create a return to the City.

Next, David Cummings of San Antonio, Texas, said that he was based in San Antonio and handled many Lowe's anchored projects in three states. He gave a brief history of the 39 acre project and explained the two options that were available; the first option he mentioned was to leave a cement drainage channel open that would be 60 to 70 feet in width with the second option providing for the drainage channel to be buried and connected to the City's North Tributary thereby maximizing land use.

Roger Gunnarman with NBC Engineers, Civil consultant for Mr. Cummings, said precautions had been taken to prevent any downstream impact with no increase in runoff.


10

Councilmembers then shared their views on the request and expressed some concerns related to what the actual impact of the investment would be, 48's role related to enhanced private developments and the potential threat to downstream residents because of increased drainage flow.

Following the discussion, Councilmember Krueger stated that she was interested in knowing the overall benefit to the City and neighborhood and moved to table this item until the next regular meeting. Mayor Pro-tem Pospisil seconded the motion which was approved by a 5 to 2 vote with Councilmembers Zapata and Goodner casting the only dissenting votes.

It was noted that City Council would prefer to receive any supporting information related to the cost/benefit analysis several days prior to the council meeting to be able to review the information beforehand.

REPORTS - City Council: Councilmembers reported their activities since the last Regular City Council meeting which consisted of various civic functions, City Council workshops and meetings, miscellaneous activities and future scheduled events.

REPORTS- Staff Activities: City Manager Morrison, City Attorney Wayland and City Secretary Resendez had nothing to report under this caption.

ADJOURNMENT: This Regular meeting adjourned at 8:29 p.m.

Attest:

MICHAEL A. RESENDEZ, CITY SECRETARY

By:

Date Approved: December 10, 2007

BRUCE BOYER, MAYOR


11

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Presentation From Wayfinding Sign Committee

ORIGINATING DEPARTMENT: Planning PRESENTER: Travis Wuest

COUNCIL DATE: December 10, 2007 AGENDA#:

AGENDA CAPTION: PRESENTATION FROM THE WAYFINDING SIGN COMMITTEE CONCERNING POSSIBLE CHANGES TO PHASE II OF THE INSTALLATION OF WAYFINDING SIGNS ON TXDOT RIGHT OF WAY.

RATIONALE: Travis Wuest, a member of the Wayfinding Sign Committee, will give a presentation concerning the status of the Wayfinding Signs installation.

FISCAL IMPACT: None

BOARD RECOMMENDATION: None

STAFF RECOMMENDATION: None

Finance: ______ _

Attachments: bJ 0

Agenda lt,~m It: --,-..,.:~:::..__A,__-=-=-Council Date: jd,__- /0 ~ d-00/

12

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Presentation by Chamber of Commerce

ORIGINATING DEPARTMENT: City Manager

COUNCIL DATE: December 10, 2007

AGENDA CAPTION:

PRESENTER: Michael Meek

AGENDA#: J.8

PRESENTATION BY THE GREATER NEW BRAUNFELS CHAMBER OF COMMERCE ON THE SEMIANNUAL REPORT REGARDING ECONOMIC DEVELOPMENT ACTIVITIES.

RATIONALE:

The Chamber of Commerce reports on its economic development activities, two times per year, as required through the professional services agreement with the New Braunfels Industrial Development Corporation (4B Board).

FISCAL IMPACT:

Not applicable.

BOARD RECOMMENDATION:

Not applicable.

STAFF RECOMMENDATION:

Not applicable.

Finance:----:-+----

Attachments: N 0 Agenda Item #: -~cl~_}-=-)-=--_

Council Date: }d._ - /D - ~0 0 ')

13

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Presentation on Tourism Study

ORIGINATING DEPARTMENT: City Manager


AGENDA CAPTION:

PRESENTER: Jon Hockenyos

AGENDA#:

PRESENTATION FROM JON HOCKENYOS WITH TXP ON TOURISM STUDY WITH DISCUSSION IF NECESSARY.

RATIONALE:

Jon Hockenyos with TXP will make a presentation to City Council on the Tourism Study. The item will be open to discussion if necessary. A copy of the study has been E-mailed to all Councilmembers.

FISCAL IMPACT:

Not applicable.


Not applicable.


Not applicable.

Finance: -------,-f\).....--O __ _ Attachments: _

Agenda Item#: -----::---:.=~=---'""'~,-----.;:-::: Council Date: / ~ - / D ,_... J..O 0 l

14

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: CITIZENS' COMMUNICATIONS

ORIGINATING DEPARTMENT: Mayor


AGENDA CAPTION:

PRESENTER: Mayor Boyer

AGENDA#: 3

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.

RATIONALE:

FISCAL IMPACT:



Finance: Attachmen-ts-:--/\)-,-"""""0,.....---

Agenda Item #: -.,......x-·'""'3"---~--:;;: Council Date: J J., - /0 ~- ~0 0 7

15

COUNCIL AGENDA ITEM

SUBJECT MA TTERiPRO,JEGT: CONSENT AGENDA ORlG!NATlNG DEPJ~RTi\ilENT; VARIOUS PRE~3ENTERS; VARIOUS GOU!\!GH. Df.\TE: NOVEMBER 26, 2007 AGENDA rrEM #: 4(A-K)

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.

Item Description Source Status A APPROVAL OF THE SECOND AND FINAL READING OF AN B. Kinsey 1:; 1 reading

AMENDMENT TO THE SIGN ORDINANCE ADDING A SECTION TO passed INCLUDE A 180 DAY WAITING PERIOD FOR REAPPLICATION OF unanimously at the CONDITIONAL SIGN PERMITS. 11/26/07 cc

meeting.

B APPROVAL OF THE PURCHASE OF A FRONT LOADER AND J. Ballowe/M. See briefing sheet AUTOMATED VEHICLES FROM CHASTANG'S BAYOU CITY Quinones AUTOCAR UNDER THE BUYBOARD COOPERATIVE AGREEMENT.

c APPROVAL OF THE FIRST READING OF AN ORDINANCE B. Kinsey Non-controversial ABANDONING 0.134 ACRES OF PLUM STREET RIGHT-OF-WAY item. AT THE INTERSECTION OF MICHIGAN STREET.

D APPROVAL OF THE FIRST READING OF AN ORDINANCE OF THE B. Kinsey Non-controversial CITY OF NEW BRAUNFELS, TEXAS, PROVIDING FOR THE item. CLOSURE OF THE FOLLOWING STREET SEGMENT, TO-WIT: GARDEN STREET FROM THE INTERSECTION OF CASTELL AVENUE SOUTH TO THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.

E APPROVAL OF THE FIRST READING OF AN ORDINANCE B. Kinsey Non-controversial ANNEXING APPROXIMATELY 1.881 ACRES ON FM 1101 NEAR item. BARBAROSA ROAD.

F APPROVAL OF THE PURCHASE OF GOLF COURSE M. Quinones See briefing sheet MAINTENANCE EQUIPMENT FROM AUSTIN TURF AND TRACTOR.

G APPROVAL OF THE PURCHASE OF ELECTRICAL INSTALLATION M. Quinones See briefing sheet SERVICES FROM CHC ELECTRIC, INC. FOR THE PORTABLE OFFICE BUILDINGS.

H APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF THE A Wayland See briefing sheet ARTS AND CRAFTS BUILDING AT THE CO MAL COUNTY FAIRGROUNDS.

16

I APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF THE STOP SIGNS AT STONECREST PATH AND JERAD STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.

J APPROVAL OF A WAIVER TO THE CRISTAMAR SUBDIVISION TO NOT REQUIRE A WATER AVAILABILITY STUDY.

K APPROVAL OF THE PURCHASE OF A GRASS AND BRUSH FIRE FIGHTING APPARATUS FROM PHILPOTT FORD UNDER THE BUYBOARD COOPERATIVE AGREEMENT AND A BUDGET TRANSFER FROM OPERATING EXPENSE TO CAPITAL EXPENSE IN THE FIRE DEPARTMENT'S FY 2007-08 ADOPTED BUDGET.

Attachments: yes Council Meeting: 12/10/07

S. Ramsey Non-controversial item.

B. Kinsey See briefing sheet

J. Herber/M. See briefing sheet Quinones

Agenda Item #: 4(A-K)

17

Proposed Provision to be Added to the Sign Ordinance Concerning Conditional Sign Permits

Reapplication of conditional sign permit requests. (a) No application for a conditional sign permit shall be received or filed with the City and consideration thereof if, within 180 calendar days prior thereto, an application for substantially the same conditional sign permit as determined by the Planning Director, was received, and a final consideration was held on such before the City Council. However, if new, relevant and substantial evidence, which could not have been secured at the time set for the original consideration, shall be produced by the applicant, the City Council shall then have the right to waive such 180 calendar days provision and proceed to hear and consider such application.

U:\Pianning\Conditional Sign Permits\Ord. Amendment.doc ATTACHMENT 1

18

CURRENT CONDITIONAL SIGN PERMIT REQUIREMENTS

106-8.4 Conditional Sign Permit. Notwithstanding anything in this ordinance to the contrary, the erection of a sign or signs may be approved pursuant to this Section under a conditional sign permit approved by the City Council. The purpose of this Section is to aliow for a specialized review of signs which may not be appropriate generally without certain restrictions, but which, if controlled as to the number, size, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts.

106-8.5 Application. An application for a conditional sign permit shall be submitted to the Planning Department and shall include all documents necessary to obtain a building permit.

106-8.6 Conditional Sign Permit Fees. The application fee for a conditional sign permit shall be $300.00.

U:\Pianning\Conditional Sign Permits\Ord. Amendment.doc ATTACHMENT 2

19

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: AWARD OF A PURCHASE TO CHASTANG'S AUTOCAR

ORIGINATING DEPARTMENT:

COUNCIL DATE:

AGENDA CAPTION:

Public Works/Support Services

December 10, 2007

PRESENTER:

AGENDA#:

James Ballowe/Mary Quinones

APPROVAL OF THE PURCHASE OF A FRONT LOADER AND AUTOMATED VEHICLES FROM CHASTANG'S BAYOU CITY AUTOCAR UNDER THE BUYBOARD COOPERATIVE AGREEMENT.

RATIONALE:

The FY 2007-08 Adopted Budget funds the purchase of new vehicles for the Solid Waste Division of Public Works. These are additions to the City's existing fleet. This includes one front loader and three side loaders to be used by the Residential, Recycling and Commercial Divisions.

The following table shows the cost for the vehicle and its projected delivery date.

Quantity Vehicle Unit cost Delivery Date 2008 Autocar WX64 with 40 yd Heil

1 each front loader body $208,355 30 days 2008 Autocar WX42 with a Heil 24

3 each yd automated side loader $189,000 90-120 days TOTAL for vehicles $775,355 BuyBoard Fee $400 Total for Purchase $775,755

Two of the automated side loader trucks will be used by the Residential Division. One will be used for a new route being added; the other will serve as backup for all the routes currently being served. Due to the City's expansion and population growth, another route is being added to continue to provide a high level of customer service to the citizens. Since the implementation of the automated system in the fall of 2005, the number of residential customers has increased by 1 ,971. Determining factors for route size is based on 1,900 homes per route.

The automated side loader truck is for implementation of a pilot automated recycling collection program. Since the department has gone to single-stream recycling collection, a vehicle is needed to keep up with the growth of the City. This vehicle is larger and has the capability to carry more recycling materials reducing the number of trips to the recycling center. This vehicle replaces an existing vehicle.

The third front loader truck will replace an existing vehicle which has reached its useful life. The replacement unit will be utilized as a back up vehicle in the Commercial Division.

FISCAL IMPACT: The funds for this purchase are included in the FY 2007-08 Adopted Budget in the Public Works Department- Sanitation Fund. It is a budgeted expenditure.


N/A

Attachments:

Finance: -----;-,--:::----

NO Agenda Item#: __ Y_,__-=·6'=<----

Council Date: December 10, 2007

20


APPROVE THE PURCHASE OF A FRONT LOADER AND AUTOMATED VEHICLES FROM CHASTANG'S BAYOU CITY AUTOCAR UNDER THE BUYBOARD COOPERATIVE AGREEMENT.

Finance: -------- Agenda Item#: _____ _

Attachments: Council Date: December 10, 2007

21

COUNCIL AGENDA ITEM

SUBJECT IVIATTERJPROJECT:

ABANDONMENT OF A 0.134 ACRE PORITON OF PLUM STREET

ORIGINATING DEPARTMENT: PLANNING PRESENTER

l~GENDA #;

ROBERT KINSEY


AGENDA CAPTION: APPROVAL OF THE FIRST READING OF AN ORDINANCE ABANDONING 0.134 ACRES OF PLUM STREET RIGHT-OF-WAY AT THE INTERSECTION OF MICHIGAN STREET.

APPLICANT/OWNER: Juan Luis Martinez 1690 Katy St. New Braunfels, TX 78130

BACKGROUND: On June 111

h, 2007, Council approved the abandonment of a portion of Plum Street right-of-way. The property is located adjacent to the M.K. & T. Rail Road which parallels Michigan Street and is approximately 60' wide and 1 00' deep. There are currently no improvements on the property. The property area and dimensions conform to the lot area, width and depth requirements of the R-2 District, in which it is located. An appraisal conducted at the City's request valued the property at $9,000.00. New Braunfels Utilities requested a 10' X 25' utility easement on the southwest corner of the property for the electric line down/guy anchor (see attachment 4).

The ordinance approved in June stated: "If said quit claim deed is not executed within one hundred and twenty (120) days of the second and final reading of this ordinance, this ordinance shall become null and void and a new application for abandonment shall be required." The applicant was unable to complete the transaction within the required time period and requested Council to consider extending approval for an additional 120 days. Council did so on November 12, 2007. An updated ordinance is attached.

If the applicant completes the purchase he will be required to plat the property. In addition, the lot will be assessed a Roadway Impact Fee ($167.00 for residential) payable at time of building permit and a Parkland Dedication fee ($600.00), payable prior to plat recordation.

GENERAL INFORMATION: Size:

Surrounding Zoning and Land Use:

2006 Comprehensive Plan Future Land Use

0.134 acres (5,837.04 sq. ft.)

North - "M-1 Light Industrial District" I Railroad and soccer fields South - "R-2 Single and Two Family District" I Single Family

residential East- "R-2 Single and Two Family District" I single family

residential West- "R-2 Single & Two-Family District" I Single-Family

Designation: Residentiallow-density

COMMISSION RECOMMENDATION:

Finance:

The Planning Commission held a public hearing on May 1, 2007, and recommended approval by a vote of 7-0-0.

I I (l Agenda Item it. ___ t-f,__,v"""'---

Attachments: Council Date: December 10, 2007

22

STAFF RECOi\11MENDA TION: Staff recommended approval with the requirement that the property be platted by the applicant.

PLANNING COMIIIIISSIONERS AT THE HEARING: 1. Larry Alexander 2. Cheryl Casteel 3. 0. Daniel Castillo 4. Fred Heimer

ATTACHMENTS: 1. Appraisal 2. Aerial Map 3. Sectional Map 4. Map with Proposed Utility Easements

U:\Pianning\CCagenda\Abandonments\Pium St Abandonment. doc

Finane~.

Attachm~nts:

5. 6. 7.

Jan Kotylo Sandy Nolte Mike Ybarra, Chairman

Agc~nda Item ft: -------

Council Date: December 10,2007

23

•-::::;;;:::::;:::;:;=;:;:;.::;:;=,;:';;c:;:;:c;~~"c;:;~~~~:..U.N:;;;;;'~-;';~;7.~~~",;;:;';:;::;------1 Sale Price Date Mmtgage Amount Mortgage Type Discount Points and Other Concessions

Paid by Seller $ -------t

Employment Stability Convenience to Employment Convenience to Shopping Convenience to Schools

-~~=::_:.::.~~~::-:-:--r~~:::::"'7~'-::'-:-l~i::::~~--=---r::~~~~~----:-t Adequacy of Public Transportation Recreation Facilities Adequacy of Facilities Property Compatibility Protection from Detrimental Cond.

0 Did 0 Did Not

Proprietary Land Foon04/BB ?roduced using ACI software. 8011.234.8727 www aciWeb.com

PATRICIA J. BALL

ATTACHMENT 1

ATTACHMENT2

• CD

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'1-0

...... c CD E c 0 "C c cu .c

<C

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lU u..

(j u_ <: () :)

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cr: :---..

1- C1) "!-

" \ ~ '--,/

~ LL/ ~ ATTACHMENT 3

Q) = FOUND IRON BAR

(?) = SET IRON BAR

Q) = FENCE POST

@) = FOUND 1 /2" PIPE

I) I

ATTACHMENT 4

SCALE: I" "' 30'

SURVEY OF'

0.27 ACRE TRACT OF LAND CONS/SITING OF' 0.13 ACRE'S OUT PLUM STRRET (NOT IN USE) AND ALL OF LO?" 1, BLOCK 1, PF'ULLMANN ADDITION, CITY OF' NEW BR.AUNF'ELS, COMAL COUNTY, TEXAS, AS' RECORDED IN VOLUME 84, PAGE 85, DEBD RECORDS OF' COMAL COUN7'Y, TEXAS.

27

ORDINANCE NO. 2008 -__

AN ORDINANCE ABANDONING 0.134 ACRES OF PLUM STREET RIGHT-OF-WAY AT THE INTERSECTION OF MICHIGAN STREET.

WHEREAS, the City of New Braunfels, Texas, has street rights to a 0.134 acre tract of iand, more or

less, being the undeveloped portion of Plum Street, located between Lot 1, Block 1 and Lot 10, Block 2,

Pfullmann Addition, and said street being in the City of New Braunfels, Texas; and

WHEREAS, the City of New Braunfels, having received a request from Juan Luis Martinez, petitioning

the City of New Braunfels to consider the abandonment of said street: and

WHEREAS, after determining that there is no need for the City of New Braunfels or any other

surrounding property owners to retain the street, it is the decision of the City Council of the City of New

Braunfels that action be taken to release same to Juan Luis Martinez in the proper and legal manner; and

WHEREAS, there will be a need to retain easements for utility providers and easements will be

retained in the Deed Without Warranty and shown on a replat of the property under the ownership of said

owner; and

WHEREAS, the Patricia Ball has been appointed as the Appraiser to appraise the value of the

interests of the City of New Braunfels in said property, the interest being in only the rights to the right-of-way

and not to the fee simple title of the land; and

WHEREAS, the said appraiser has determined that the fair market value of the rights to the land is

NINE THOUSAND DOLLARS and NO CENTS ($9,000.00), and thus by making the sale of the land to the

abutting property owners, the City of New Braunfels will be complying with all sections of said Chapter 253,

Section 253.001 and that the sale of said land in this particular instance has been determined by a fair

appraisal and is conclusive of the fair market value thereof; now , therefore;

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

SECTION 1

That the City of New Braunfels, acting by and through its City Manager shall execute a Deed Without

Warranty to Juan Luis Martinez, conveying all of its right, title and interest in and to the public right-of-way and

all rights in and to a 0.134 acre tract of land, more or less, being the undeveloped portion of Plum Street

28

located between Lot 1, Block 1 and Lot 10, Block 2, Pfullmann Addition, and said street being in the City of

New Braunfels, Texas. A sketch of the property to be conveyed is attached marked Exhibit "A". If said Deed

Without Warranty is not executed within one hundred and twenty ( 120) days of the second and final reading of

this ordinance, this ordinance shall become null and void and a new application for abandonment shall be

required.

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 ordinance in conflict herewith are hereby repealed to the extent

that they are in conflict.

SECTION4

That if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that

all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

SECTION 5

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

PASSED AND APPROVED: First Reading this the 10th day of December, 2007.

PASSED AND APPROVED: Second and Final Reading this the 14th day of January, 2008.

CITY OF NEW BRAUNFELS

R. BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ, City Secretary

APPROVED AS TO FORM:

ALAN C. WAYLAND, City Attorney

U:\Pianning\Ordinances\Abandonments\Pium St- 2008.ord.doc

Q) = FOUND IRON BAR

~ = SET IRON BAR

Q} = FENCE POST

@) = FOUND 1 /2" PIPE

.. -·

EXHIBIT "A"

29

SCALE: 1" = 30'

SURVEY OF

0.27 ACRE TRACT OF LAND CONS/SITING OF 0. 13 ACRES OUT PLUM STREET (NOT IN USE) AND ALL OF LOT 1, BLOCK 1, PFULLMANN ADDITION, CITY OF NEW BRAUNFELS, COMAL COUNTY, TEXAS, AS RECORDED IN VOLUME 84, PACE 85, ---- --"""""""""""' "" ,"""t1 r ,..nrtJ\tiJ'IV lf'li'VA ~

30

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT:

ABANDONMENT OF 0.311 ACRES OF GARDEN STREET RIGHT-OF-WAY

ORIGINATING DEPARTMENT: PLANNING PRESENTER: Robert Kinsey

COUNCIL DATE: December 10, 2007 AGENDA#: 4 D AGENDA CAPTION; APPROVAL OF THE FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, PROVIDING FOR THE CLOSURE OF THE FOLLOWING STREET SEGMENT, TO WIT: GARDEN STREET FROM THE INTERSECTION OF CASTELL AVENUE SOUTH TO THE UNION PACIFIC RAILROAD RIGHT OF WAY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.

APPLICANT/OWNER: City of New Braunfels 424 S. Castell Avenue New Braunfels, TX 78130

BACKGROUND: The property is located adjacent to City Hall and the M.K. & T. Rail Road. It is approximately 60' wide and 216' deep. The property will be used to provide an area to place mobile offices for City staff.

GENERAL INFORMATION: Size:


2006 Comprehensive Plan Future Land Use

0.311 acres (13550 sq. ft.)

NorthSouthEastWest-

"C-2 General Business District" I Civic Center "M-1 Light Industrial District" I Railroad "M-1 Light Industrial District" I City Hall "M-1 Light Industrial District" I Parking lot I Railroad

Designation: "M-1 Light Industrial District

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on November 11, 2007, and recommended approval by a vote of 6-0-0.

STAFF RECOMMENDATION: · . . ··Staff recommends approval with the requirement that the property be platted.

PLANNING COMMISSIONERS AT THE HEARING: 1. Cheryl Casteel 2. 0. Daniel Castillo 3. Judith Dykes-Hoffman 4. Sandy Nolte

Finance:

Attachments:

5. 6.

Derek Seidel Mike Ybarra, Chairman

Agenda Item#: __ L}:.._. _ _].=...) __ Council Date: December 10, 2007

31

ATTACHMENTS: 1. Excerpt from Planning Commission minutes of November 11, 2007. 2. Land Use Map 3. Aerial Map 4. Survey

Finance: Agenda Item #: ______ _

Attachments: Council Date: December 10,2007

l'"' ,Citvof ~lii.i New Braunfels

Garden St. at S. Castell Abandonment 0

Residential Low Density

Residential Medium Density

- Residential High Density

- Manufactured Home Community

- Commercial

- Resort Commercial

- Industrial

Government

Schools

Institutional - Churches, Nursing Homes

N

1 inch equals 1 00 teet 50 100 200 Feet + I I I I I I I I I Revised 10/24/07

r- ,City of ~;.a New Braunfels "'--

Garden St. at S. Castell Abandonment

N

0 50 100 200 Feet + Revised 10/24/07

1 inch equals 1 00 feet

I I I I I I I I I

REFERENCES: VOLUME 714, PAGES 754-757 (ADJOINER) VOLUME 687, PAGES 505-510 (AOJOINER) VOLUME 691, PAGES 909-912 (CURRENT LEASE) VOLUME 321, PAGE 887 (ADJOINER) DOCUMENT NO. 970600770 (ADJOINER)

34 (NJ4'36'JO"W 4.95' Q[,ED)

N35'20 14 W 3.35'

L2 (NJO'OO'OO"W 27.00' DEED)

N30'43' 44"W 27.00'

L3 N27'45'14"W

27.47' (N27'0t'JO"W 27.47' DEED) B''WW

TWO SOUTH CASTELL AVE.

HE

LOT 78 N.C.B. 1013

SCALE IN FEET I ~

0 JO

SCALE: 1" = 30' . ~ I ' itb~ CllY OF NEW BRAUNFELS ! ~-s- VOL. 714, PGS~ 754-757

A~PHALT/GRAVEL 1.121 AQRES

!PAVEMENT /,. .. ---,,

/WOOD '~ 1-cfFEN~ \ I ~~

I o.18' ~ \ ~ ~ i=::::o:=::::::::91/2" IPC 'I ~I \ l I ~~ ' ~~~EUNK - 0.00' I I ~?:: \ I iil~ ' ...... __ ,....,.,./ 1)~

DETAIL "D" r

..-;::;-a>: i1j..-C> ' e::,w' .... :: o;N ;!fl, c...n ,.a, ~· I !:SOC>i

I")'

zl . N.T.S. !NOTES· l1

I .

THE BEARINGS ON THIS PLAT ARE BASED ON GR~ NORTH OF l i THE TEXAS COORDINATE SYSTEM, NAD83( 1986), OUTH CENTRAL • i ZONE (ZONE 4204). (SURFACE ADJUSTMENT FAC R 1.00014) I i A LEGAL DESCRIPTION WAS WRITTEN IN CONJUNCjiON WITH A I I SURVEY PLAT PREPARED IN OUR OFFICE ON 10/~7/07, JOB I

NO. 10-01-2007. 1

II ALL CORNERS ARE MARKED WITH 1/2" IRON PI~S WITH \

PLASTIC CAPS UNLESS WHERE OTHERWISE NOTEDT ~

I -----~--

(252'00'[ 255.15' 0[£0

LOT 1G7 NcB 1013 GRID N=l3,802,694.6879

· · · GRID E=2,247,199.8700

~TE OF TEXAS OUNTY OF COt.W.

0 THE BEST OF MY KNOWLEDGE AND BEUEF, THE ABOVE PlAT IS UE AND CORRECT ACCORDING TO AN ACTUAL SURVEY MADE ON E GROUND UNDER MY SUPERVlSION.

66.48'

z--:~~~=; ~~ ~~ <~ c.!l~

~

E-<.e en ~ ;w a=: ',I

I \D

f;OTAL ACREAGl' I 0.311 \ /oF AN ACRE! ~ ( 13,550 SQ. FT.) !

\ !w ' \

II :o I ASPHALT

\PAVEMENT

66.33'

BOUNDARY of

STONE/STUCCO METAL

BUILDING

BUILDING FF=628.54

ASPHALT PAVEMENT

THIS 17th DAY OF OCTOBER,

THE SCHULTZ GROUP, INC. BY STEPHEN E. SCHULTZ

0.311 of an acre of land being a portion of West Garden Street in the City of New Braunfels, Comal County, Texas.

THE &Jut/b. CONSULTING ENGINEERS L

P.O. BOX 310483 NEW BRAUNFELS, TEXP ATTACHMENT 4

DRAWN BY: M.H. DATI CHECKED BY: S.E.S. JOB

35

ORDINANCE NO. ___ _

AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, PROVIDING FOR THE CLOSURE OF THE FOLLOWING STREET SEGMENT, TO WIT: GARDEN STREET FROM THE INTERSECTION OF CASTELL AVENUE SOUTH TO THE UNION PACIFIC RAILROAD RIGHT OF WAY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.

WHEREAS, the City Council of the City of New Braunfels, acting pursuant to law, deems it advisable to close the hereinafter described street segment and is of the opinion that said land is not needed as a public roadway, and the same should be closed as hereinafter provided; and

WHEREAS, the City Council of the City ofNew Braunfels is of the opinion that the best interest and welfare of the public will be served by closing same, subject to the conditions, requirements and restrictions contained herein;

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

SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are adopted by the City Council and made a part hereof for all purposes.

SECTION 2. That a portion of Garden Street located in New Braunfels, Comal County, Texas shall be and the same is hereby closed insofar as the easement as a public street is concerned from Castell Avenue South to the Union Pacific Railroad track.

SECTION 3. That the closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground.

SECTION 4. That the closure provided for herein shall extend only to the public easement and shall be construed to extend only to that interest which the governing body for the City of New Braunfels may legally and lawfully close.

SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

SECTION 6. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only.

36

SECTION 7. In accordance with the provisions of the City Charter this Ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive caption only.

SECTION 8. This Ordinance shall be and become effective upon the second and final reading of same.

PASSED AND APPROVED: First Reading this the lOth day of December, 2007.

PASS ED AND APPROVED: Second and Final Reading this the 14th day of January, 2008.

ATTEST:

MICHAEL A. RESENDEZ CITY SECRETARY


ALAN C. WAYLAND CITY ATTORNEY


R. BRUCE BOYER, MAYOR


37

COUNCIL AGENDA ITEM

FIRST READING OF 2007 ANNEXATIONS- PHASE II

ORIGii'JATii'IG DEPARTMENT: PLANNING PRESEI\ITER:

COUNCIL DATE: DECEMBER 10, 2007 AGENDA#:

AGENDA CAPTION:

ROBERT KINSEY

FIRST READING OF AN ORDINANCE ANNEXING APPROXIMATELY 1.881 ACRES ON FM 1101 NEAR BARBAROSA RD.

RATIONALE: This is considered Phase II of the 2007 annexations. The property identified for annexation is adjacent to the City where development is either occurring or expected.

The 2 acre property is the Freiheit Bowling Club and the Freiheit Store plus two residences, located at the intersection of FM 1101 and Barbarosa Rd. These properties are near the intersection of the new FM 306 currently under construction and FM 1101. FM 306 will ultimately cross at this intersection and continue toward the airport.

FISCAL IMPACT: The property is located in Comal County and currently receives City fire and EMS services. FM 1101 will continue to be maintained by TxDOT. Annexation will provide police, library, and administrative services to the property.

BOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: Staff recommends approval.

P:ICCagenda\Annexation\2007\2007 -1st reading - Phase ll.doc

;~gand1 lt~m 't ~f /~ - 10 ~ -Ul o ?

38

ORDINANCE NO. 2008-

AN ORDINANCE ANNEXING APPROXIMATELY 1.881 ACRES ON FM 1101 NEAR BARBAROSA RD.

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

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

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

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

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

SECTION 1

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

SECTION 2

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

SECTION 3

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

SECTION 4

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

PASSED AND APPROVED: First Reading this the 101h day of December, 2007.


CITY OF NEW BRAUNFELS, TEXAS

BY: R. BRUCE BOYER, MAYOR

ATTEST:



ALAN WAYLAND, CITY ATTORNEY

P:\Annexation\2007 Annexation\phasell.ord.doc

39

2

40

TMs JJoooumBN - pi"8JJIIfttji wader 22 T.AC 688.21, doea ~ '1'8jlad firs 'I'8SUUs of em em firs grvund SU7"'III1f. CHid is not to lie used to llOfWIItl cw esta6lisl& tflle'l'8sts -m Real Proflllrlrl _,..P those rigllls CHid i'lllenlsts impielt CH' esfa6l'isl&ad "" tha C'I'8Cittcm cw nJCOftfigurt#i.of& of firs b~ of firs 1101iHcal wllcU'IIifton jbr which it - prep&nKL

~~. -'!(~

• SCALE 1"=60'

"' AU beclrings """ d'Letcmces slr.o1.lm hereon ""' tGkeft frrYm record iftJbnrla*'km tmd 'IIDt frrYm em em firs (fi'OVflf4 SVMIIIfl·

til ~ Q)

~ ~ 0 ~

<> "'!!

~ "" Q) .!">

~

Frei.Mit Bow/.ing czw. Called 0.50 Ac.

(128/63)

FreiJIMit Bawling ct.,.& called 0.488 Ac.

(81/t97-t98)

195.28'

~

r-------------------------~~ 1.881 ACRES

Freiheit Cotmt'1/ store. LLC called 0.940 Ac.

DOCf200608012822

"'" ~

P. O.B ..... --~S~4"'!"S0~54"'!"'~3~7'~' E~-1~8-9."""7-4o:-, _ ..

ANNEXATION AREA - PHASE II Being a.J11R'Ol"- 1.881 acres of "'"" sit'llllted in the LJI. .i'sncwriza.r Eleven ~ thum, .A-1. Comal County, Te:ms. e~nli being comprised of the J'rriJIIrit Bowling Cl'llll 0.50 IJC7'8 tnzct 'I1IC01ded in Vol. 128, Pg. 68, e~ poriion of the Fnrihrit Bowling CZ'IIll 0.488 CIC7'8 tnzct '1'8COrded in Vol. 81, Pgs. 197-198, both of the Deed. .Rec:cmis ~Jnci the 1'7'8ih.eit CO'IIIII:try St07'8, LIC 0.940 IJC7'8 tnzct '1'8C07'ded in Doc# 200606012822 of the Of!iciaJ Public Reoonis of G'omcll Cotmty, TeZGS.

EXHIBIT ''A"

S. CRAIG HOUMIG INC. EN~NEER5NSURVEYORS 410 NORTH SEGUIN ST.

NEW BRtU"!_~ iEXAS 78130 _!.830__l!:l25-8555 . 0'1986.

--

41

FIELD NOTES FOR

ANNEXATION AREA- PHASE II

Being approximately 1.881 acres of land situated in the A.M. Esnaurizar Eleven League Grant, Abstract No. 1, Comal County, Texas, and being comprised of the Freiheit Bowling Club 0.50 acre tract recorded in Volume 123, Page 63, a portion of the Freiheit Bowling Club 0.488 acre tract recorded in Volume 81, Pages 197-198, both of the Deed Records ofComal County, Texas, and the Freiheit Country Store~ LLC 0.940 acre tract recorded in Doc# 200606012822 of the Official Public Records ofComal County, Texas, and all bearings referred to in this description are taken from record information, said 1.881 acre tract of land being more particularly described as follows:

BEGINNING: At a chain link fence comer on the Northwest right-of-way line ofF.M. 1101, for a South comer of a 79.385 acre tract recorded in Doc# 200606038677 of the Official Public Records ofComal County, Texas, same being a South comer of the existing City Limits of the City ofNew Braunfels recorded in Ordinance No. 2006-95, for the East comer of this Area;

THENCE: Along the Northwest right-of-way line ofF.M. 1101, S 45° 43' 00" W 234.27 feet and S 46° 20' 00" W 189.36 feet to an East comer of the BBL Properties, Ltd. 39.90 acre tract, called Tract II, recorded in Doc# 200006017551 of the Official Public Records of Comal County, Texas, for the South comer of the above referenced 0.50 acre tract, for the South comer of this Area;

THENCE: Along the Southwest line of the above referenced 0.50 acre tract, leaving the Northwest right-of-way line ofF.M. 1101, N 44° 22' 35" W 195.28 feettothe West comer of the above referenced 0.50 acre tract, for the West comer of this Area;

THENCE: Along the Northwest line of the above referenced 0.50 acre tract, a Southeast line of said Tract II of 39.90 acres, N 46° 44' 18" E at 111.12 feet a Vz" iron pin found for a Southwest comer of the existing City Limits of the City of New Braunfels recorded in Ordinance No. 2006-95, a Southwest comer of said 79.385 acre tract, an Easterly comer of said Tract II of39.90 acres, and continuing along a total distance of 425.24 feet to a Ya" iron pin found for the North comer of the above referenced 0.940 acre tract, an interior comer of said 79.3 85 acre tract, an interior comer of the existing City Limits of the City of New Braunfels, for the North comer of this Area;

THENCE: Along the Northeast line of the above referenced 0.940 acre tract, a Southerly line of said 79.385 acre tract and the existing City Limits of the City ofNew Braunfels, S43° 54' 37"E 189.74feettothePointofBeginning.

This Document was prepared under 22 T AC §663 .21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision which it was prepared.

Job #07-985

EXHIBIT B

42

2007 ANNEXATION PROGRAM CITY OF NEW BRAUNFELS, TEXAS

SERVICE PLAN FOR 2007 ANNEXATION AREAS

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

Approximately 1.881 Acres on FM 1101 at Barbarossa Rd.

SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION

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

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

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

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

If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for service after the twoyear date.

5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography,

Page 1

EXHIBIT"C"

43

land use and density as those found within the newly annexed areas. Private roads will remain under the ownership of the homeowners association and as such maintained by the association.

6. Maintenance of Parks, Playgrounds, and Swimming Pools The City of New Braunfels, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under the ownership of the homeowners association and as such maintained by the association.

7. Maintenance of any Publicly owned Facility, Building or Municipal Service The City of New Braunfels, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas.

8. Other Services The City of New Braunfels, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography, land use and density as those found within the newly annexed areas.

CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 % YEARS

1. Police and Fire Protection and Solid Waste Collection The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of New Braunfels, Texas with like topography, land use and population density as those found within the newly annexed areas.

2. Water and Wastewater Facilities For the next 2 %years, New Braunfels Utilities finds and determines that there is sufficient capacity for water and wastewater to provide services to the annexed areas pursuant to NBU's extension policies. The construction of any capital improvements necessary to extend water and wastewater services to an annexed area will be completed pursuant to Chapter 43 of the Texas Local Government Code, as amended and Chapter 130 of the City Code of Ordinances.

3. Roads and Streets The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas.

4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service

Page 2

EXHIBIT "C"

44

The City of New Braunfels, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service.

SPECIFIC FINDINGS The City of New Braunfels, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics.

TERMS This plan shall be valid for a term of ten ( 1 0) years. Renewal of the Service Plan is at the discretion of the City of New Braunfels.

LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service.

AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code.

U:\PianningiAnnexation\2007 Annexation\ServicePian- 2007.doc

Page 3

EXHIBIT"C"

SUBJECT MAHER/PROJECT:

45

COUNCIL AGENDA ITEM

AWARD OF PURCHASE- GOLF EQUIPMENT

ORIGINATING DEPARTMENT: Parks/Support Services PRESENTER:


AGENDA CAPTION:

Stacey Laird/Mary Quinones

iJF

APPROVAL OF THE PURCHASE OF GOLF COURSE MAINTENANCE EQUIPMENT FROM AUSTIN TURF AND TRACTOR.

RATIONALE: This item recommends replacement of much of the golf course maintenance equipment. Most of the equipment is over 10 years old with one tractor dating to 1973. This equipment has outlived its maximum repair allowance and is now too costly to maintain. The bid includes the purchase of two rough mowers, two greens mowers, one fairway and one trim mower. The total cost for the new equipment is $147,358.25. The old equipment will be traded in; the City will receive $12,300. The total cost for the new equipment less the trade-in will be $135,058.25.

The bid was sent to eleven companies; the City received two bids.

FISCAL IMPACT: The FY 2007-08 Adopted Budget for the Golf Fund includes sufficient funds for this purchase. Replacement of this equipment was included in the budget appropriations for this fund.

BOARD RECOMMENDATION: NA

STAFF RECOMMENDATION: APPROVE THE PURCHASE OF GOLF COURSE MAINTENANCE EQUIPMENT FROM AUSTIN TURF AND TRACTOR.

Finance:---.,..-,=--=----

Attachments: N-D Agenda Item #: __ Lf...___.:_F __ _

Council Date: December 1 0, 2007

46

COUNCIL AGENDA ITEM

SUBJECT AWARD OF PURCHASE- FOR ELECTRICAL INSTALLATION FOR MATTER/PROJECT: PORTABLE OFFICE BUILDINGS

Planning and Community ORIGINATING DEPARTMENT: Development/Support PRESENTER: Bob Kinsey/Mary Quinones

Services

COUNCIL DATE: December 10, 2007 AGENDA#: q 4 AGENDA CAPTION: APPROVAL OF THE PURCHASE OF ELECTRICAL INSTALLATION SERVICES FROM CHC ELECTRIC INC. FOR THE PORT ABLE OFFICE BUILDINGS

RATIONALE: On September 24, 2007, City Council approved the lease of three office buildings for needed additional office space for the City Hall complex. Installation of the buildings is anticipated beginning in early December. Infrastructure (electrical, sewer, water and fiber connections) is required before the buildings can be occupied. City staff will complete the trenching required for the sewer and water connections; providing some cost savings. However the electrical will require a certified electrician to connect the meters in compliance with code requirements.

This bid also includes the installation of three extra conduit lines for fiber optic and phone lines (network and phone line work done by others)

This bid was provided to four local companies; one bid was received- from CHC Electric Inc. for $27,454. Staff has evaluated the bid and recommends award as the price is reasonable for the services proposed.

FISCAL IMPACT: The funds for the electrical installation services are included in the FY 2007-08 Adopted Budget for the Solid Waste Fund and the Planning and Community Development Department's General Fund Budget.


STAFF RECOMMENDATION: APPROVE THE PURCHASE OF ELECTRICAL INSTALLATION SERVICES FROM CHC ELECTRIC INC. FOR THE PORTABLE OFFICE BUILDINGS

Finance: ---v........-t'-::O::----Attachments: ~

Agenda Item #: 4 q Council Date: December 10, 2007

47

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Consent

ORIGINATING DEPARTMENT: Legal


AGENDA CAPTION:

PRESENTER: Alan Wayland

AGENDA#:

APPROVAL OF SUBLEASING CONTRACTS FOR THE USE OF THE ARTS AND CRAFTS BUILDING AT THE COMAL COUNTY FAIRGROUNDS

RATIONALE:

Attached are copies of recent subleasing contracts for the use of the Arts and Crafts building at the Carnal County Fairgrounds.

FISCAL IMPACT:

n/a


n/a


Staff recommends the use of the Arts and Crafts building as specified in the respective rental contracts.

Attachments:

Finance: ----:r-----~ pcu(y4-/

Agenda Item #: -.,...-4..:..__..:...,++~-Council Date: / :l- } D .- ~DO ?

November 12, 2007

Alan Wayland City Attorney City of New Braunfels 424 S Castell

48

ARLON HERMES 134 Louisiana Ave.

New Braunfels, TX. 78131 830-625-4500, 8306-25-2314(fax)

New Braunfels, TX 78130

Re: Comal County Fairgrounds

Dear Mr. Wayland:

. Attached ~s~opy of a recently issued lease for use of the city owned portion of the fairgrounds. The land lease between the Fair Association and the City of New Braunfels requires these be approved by the council. Please feel free to contact me if you have any questions.

Regards,

Arlon Hermes

49

COMAL COUNTY FAIR ASSOCIATION CCCFA) RENTAL CONTRACT

P.O. BOX 310223 I 801 COMMON ST NEW BRAUNFELS, TEXAS 78131

This agreement made and entered into by and between COM~ ::o~Y ~N~:~SSOCIATION, acting ~y and through its duly authorized leasing agent, herein after called Lessor, and L-f _j[}_{).;JKL /¥0£ heremafter called Lessee.

Date of Event:_~_,'j'-· -l+~rn-+-+:~-¥!"""""'-;1'------,...,-----Lessee Address:

~-+~~r-~~~~~~~~-L---------

Phone:(~----~ --~~~~~~~~~-------Purpose of Rental:--'----1:71~.d.l...L.:>.-..__-f,4<1L.L<;W..:..¥--------

Rontal Fre' 2t:JJ)LL RENTALS !JILL HAVE A (4'0b MINIMUM CHARGE. Hall Rare" L {'i..) foe How-s, '"d fot oaoh a<Mit7 bout. Cattle Bam: Carnival Area: Corral: Food mall: ~ Poultry: · Rodeo: Insurance furnished if applicable: ___ yes __ no

Infield: )___ Other: .~ ___ _

LESSEE IS RESPONSIBLE FOR REIMBURSEMENT TO CCFA FOR ANY INQUIRIES OR DAMAGE ON OR TO PERSONS OR PREMISES.

Lessee Additional Terms: ____________________________________ _

It is understood and agreed that the terms, conditions, restrictions and special service provisions attached to this contract, are incorporated herein by reference and are a part of this agreement for all purposes. Lessee acknowledges that Lessee or Lessee's agent has read such terms and conditions, together with the CCF A rules and fully understands their meaning and effect and agrees to abide by all the contract documents. This agreement, the terms and conditions and the rules form the contract documents.

This contract is for the date of event only and is not meant to be a multi-year contract. CCF A has the final decision on any and all circumstances concerning this contract and rental agreement with Lessee. All CCF A's decisions are final.

CCF A reserves the right to refuse to rent the property for any event, declining the rental payment for and such event.

Contract fee and deposit is to be paid by money order, cashiers check or personal check. There will be a $25.00 returned check fee. If all fees are not paid 60 days prior to event, we reserve the right to cancel this contract.

n ', /'..;-.... Beginning Hour: __ __1_.,....,_7-·l_....U=-"::.._ __ __

Ending Hour: ) L C"O Decorating Hour: · IQ ', S2)

Ba(o;e~ dr Closed: Bar~g Time: _______ _

Deposit Fee: 3<:n, 00 Balance Due 60 Days Prior to Event:

Remarks: ----------------------------------------------------------

50

COUNCIL AGENDA ITEM

SUBJECT M.'-\ HER/PROJECT: CONSENT - Stop signs

ORlG!NA'r!NG DEPARTMEl\lT Public Works- Engineering PRESENTER: Steven Ramsey

COUNClL DATE: November 26, 2007 AGENDA#:

AGENDA CAPTION: APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF THE STOP SIGNS AT STONECREST PATH & JERAD STREET, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.

RATIONALE: Based on the Transportation and Traffic Advisory Boards discussion, the board is of the consensus that the installation of a stop sign at the following intersection would be beneficial to the residents of New Braunfels:

Jerad Street at Stonecrest Path stopping traffic prior to entering Stonecrest Path

flSCAL IMPACT: None.

BOARD RECOMMENDATION: The Transportation and Traffic Advisory Board has unanimously recommended amending the ordinance.

STAFF RECOMMENDATION: Staff recommends the installation of the stop signs at the above locations.

Financg; -------- Agenda !tam if.: --~ _ _.I,=---.A.ttac hments: --'2=-=pa,.,_ge:::.::s=----- C :wncil Oate: December 10, 2007

51

ORDINANCE NO. 2008-__

APPROVAL OF THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF THE STOP SIGNS AT JERAD STREET AND STONECREST PATH, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.

WHEREAS, the Transportation and Traffic Advisory Board has recommended that traffic control

signs be installed on certain streets, avenues, thoroughfares and boulevards within the corporate limits of

the City of New Braunfels in order to protect the health, safety and welfare of the citizens.

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

TEXAS:

I. THAT Ordinance Number 75-10 dated April 29, 1975, is hereby amended to authorize the

installation of additional Traffic Control signs at the following locations in the corporate limits of the City

of New Braunfels, Texas:

STOP SIGNS: 907 On the SW corner of JERAD STREET at STONECREST PATH to cause traffic to stop prior

to entering STONECREST PATH.

908 On the NE corner of JERAD STREET at STONECREST PATH to cause traffic to stop prior to entering STONECREST PATH.

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 sign in a manner that provides for

the health, welfare and safety of the citizens of New Braunfels.

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.

Page 1 of 2

52

THAT all provisions hereof are hereby declared to be severable and if any provisions hereof is

declared to be invalid or unconstitutional, such shall not invalidate or affect the remaining provisions

hereof which will be and remain in full force and effect.

v. This Ordinance shall take effect after its second and final reading and ten days after publication

pursuant to city charter.

PASSED AND APPROVED: First reading this the day of December 10, 2007.

PASSED AND APPROVED: Second reading this the day of January 14, 2008.


BRUCE BOYER, MAYOR

ATTEST:



ALAN C. WAYLAND, CITY ATTORNEY

Page 2 of 2

53

COUNCIL AGENDA ITEM


WAIVER REQUEST TO A PROVISION OF THE INTERLOCAL AGREEMENT WITH COMAL COUNTY

ORIGINATING DEPARTMENT: PLANNING PRESENTER: ROBERT KINSEY

COUNCIL DATE: DECEMBER 10, 2007 AGENDA#:

AGENDA CAPTION: DISCUSS AND CONSIDER GRANTING A ·WAIVER TO THE CRISTAMAR SUBDIVISION TO NOT REQUIRE A WATER AVAILABILITY STUDY.

RATIONALE: The subject property is located on Old Bear Creek Road in the City's ETJ. 18.742 acres of the property currently consists of four unplatted tracts of land (see attachment 1 ). There is existing access to Old Bear Creek Road through a 60.34' access easement. There is an existing home situated on the 6.927 acre tract and a portion of the 5.074 acre tract. The home is currently served by a septic system and a well (see attachment 2).

The applicant is proposing to plat the 18.742 acres of property with an additional 5.001 acres that will be purchased from Mr. Schumann's property to the northeast. The new subdivision configuration will consist of 3 lots and 23.743 acres. Lot 2 will include the 5.001 acres to be purchased from Mr. Schumann. Lot 1 will consist of the existing house and driveway which has the direct access to Old Bear Creek Road. Lots 2 and 3 will be vacant and have access to Old Bear Creek Road through the existing access easement. The access easement will be maintained by the lot owners.

The lnterlocal Agreement with Comal County requires a water availability study to be submitted by anyone seeking approval of a plat that creates one or more lots or is seeking approval of a replat that results in an increase in the total amount of lots. This provision is also a requirement of the City's Platting Ordinance (Chapter 118). This waiver request must be approved by the Planning Commission, City Council and Comal County Commissioner's Court. The Planning Department will be considering approval of the plat on Tuesday, December 41

h.

FISCAL IMPACT: N/A.

BOARD RECOMMENDATION: N/A

STAFF RECOMMENDATION Staff is recommending approval of the waiver request since there will be a reduction in the number of buildable properties once the property is platted. There are four buildable tracts under the property's current configuration. The plat will result in 3 lots.

ATTACHMENTS 1. Existing Land Survey 2. Existing Improvement Survey 3. Aerial 4. Proposed Plat

U:\PianningiCCagenda\ZoneChgs&SUPICristamar Ciffs Subdivision Waiver 12-1 0-0?.doc

Finance: ~-s Agenda Item#: ----~--

Attachments Council Date: December 1 0, 2007

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58

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: AWARD OF A PURCHASE TO PHILPOTT MOTORS


COUNCIL DATE:

AGENDA CAPTION:

FIRE/SUPPORT SERVICES

Dec. 10, 2007

PRESENTER:

AGENDA#:

Chief Herber/Mary Quinones

4 K

APPROVAL OF THE PURCHASE OF A GRASS AND BRUSH FIRE FIGHTING APPARATUS FROM PHILPOTT FORD UNDER THE BUYBOARD COOPERATIVE AGREEMENT AND A BUDGET TRANSFER FROM OPERATING EXPENSE TO CAPITAL EXPENSE IN THE FIRE DEPARTMENT'S FY 2007-08 ADOPTED BUDGET.

RATIONALE:

This is the replacement of a 1997 Ford 300 gallon brush truck. The current truck has served it expected life span of over 1 0 years. Continued maintenance and frequent breakdowns validate the end of the unit's expected life span and re-enforces this as the appropriate time frame for replacement.

Quantity Vehicle 1 each Ford F550 Super Duty

(4WD) BuyBoard fee Total

In addition, a budget transfer is required as follows:

From: Fire Department- Operating Expense To: Fire Department- Capital Expense

FISCAL IMPACT:

Unit Cost $100,350

$ 400 $100,750

$30,000 $30,000

Delivery Date 150 days

This vehicle will be funded from two sources. $95,350 will come from the Equipment Replacement Fund - Fire Department allocation. The remaining $5,000 will come from the Fire Department's FY 2007-08 Adopted Budget. A budget transfer of $30,000 in the Fire Department's budget is needed to fully fund the purchase of this vehicle as well as a vehicle for the new Lieutenant position in Fire Prevention. The proposed transfer simply moves funding from Operating Expense to Capital Expense within the Fire Department's FY 2007-08 Adopted Budget. Sufficient funds are available in the FY2007-08 Equipment Replacement Fund for its $95,350 contribution to this purchase.

STAFF RECOMMENDATIONS:

APPROVAL OF THE PURCHASE OF A GRASS AND BRUSH FIRE FIGHTING APPARATUS FROM PHILPOTT FORD UNDER THE BUYBOARD COOPERATIVE AGREEMENT

APPROVAL OF THE RECOMMENDED BUDGET TRANSFER OF $30,000 FROM OPERATING EXPENSE TO CAPITAL EXPENSE IN THE FIRE DEPARTMENT'S FY 2007-08 ADOPTED BUDGET

Finance: ----:-T--,----

Attachments: AJ 0 Agenda Item #: __ Lf...!..__,_K__,__ __

Council Date: December 10, 2007 '

59

COUNCIL AGENDA ITEM

SUBJECT PUBLIC HEARING- REZONING OF APPROXIMATELY 3.06 ACRES ON S. MATTER/PROJECT: UNION, CROSS RIVER, MATHER, S. WASHINGTON


COUNCIL DATE: DECEMBER 1 0, 2007 AGENDA#:

AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING APPROXIMATELY 3.06 ACRES CONSISTING OF 14 PROPERTIES ON S. UNION, S. WASHINGTON AND E. MATHER STREETS, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" AND "R-1A-6.6 SINGLE FAMILY DISTRICT" TO "C-4A RESORT COMMERCIAL DISTRICT".

APPLICANT/OWNERS: Applicant: John Seidel et al

P. 0. Box 311988 New Braunfels, Texas 78131

Owners: Karen and Tommy Toon 465 S. Union New Braunfels, Texas 78130

Katherine Welty (Ruby Hass Estate) 483 S. Union New Braunfels, Texas 78130

Lois Dreibrodt 509 S. Union New Braunfels, Texas 78130

Paula Clifford 525 S. Union New Braunfels, Texas 78130

Sharon Sue Phillips 541 S. Union New Braunfels, Texas 78130

Felix Cantu 555 S. Union New Braunfels, Texas 78130

E.T. Preuss 573 S. Union New Braunfels, Texas 78130

BACKGROUND:

John Seidel 595 S. Union/173 Cross River New Braunfels, Texas 78130

Rodgie Whiteside 609 S. Union New Braunfels, Texas 78130

Elwood J. Preiss Janice D. Preiss 162 E. Mather New Braunfels, Texas 78130

Charley Welty 163 E. Mather New Braunfels, Texas 78130

Dennis Ninnemann 187 E. Mather New Braunfels, Texas 78130

Duane Ninnemann 464 S. Washington New Braunfels, Texas 78130

The properties included in this zoning change request are located in the South Union St. area across from the parking lot and entrance to Schlitterbahn East and on a shuttle route for both Schlitterbahn and river outfitters. The properties were either included in or just outside one of a series of city initiated rezonings, called Area 6 the Lincoln-Mather area. Area 6 was rezoned from R-2 to R-1A6.6, effective July 9, 2007.

Finance:

Jlp~ t:::fl

Agenda Item#: __ -.J.:.___/'1--=-----Council Date: December 10, 2007 Attachments:

60

The property owners are requesting a rezoning to Resort Commercial due to the following factors: • The majority of Union Street from Basel to the hospital is zoned commercial. • High traffic counts • Schlitterbahn is located across the street • Last tuber exit is located at the end of the street • River outfitter shuttle pickup/drop off across the street on Union • No parking zones in front of single family residential homes fronting Union

The conversion of the properties from residential to commercial will require that each property receive a Certificate of Occupancy and comply with the landscaping and parking ordinances. Buffering along the property line will be completed through the Landscaping ordinance. Staff is recommending that any existing 6 ft. fences be replaced with an 8 ft. solid screening fence for additional privacy.

Staff is also recommending a height restriction of 45 ft.

The property owners feel that the best use of the area is commercial. They had submitted a request to the Planning Director in June that the rezoning be processed as a city-initiated case, similar to the Lincoln-Mather area. However the Director determined that it would not be appropriate, as the rezoning request would not be consistent with the current Future Land Use map.

An amendment to the Future Land Use Map is being prepared with this zoning request.

GENERAL INFORMATION: Case No:

Size:


PZ11/07-2

Approximately 3.06 acres

North - "R-2 Single and Two Family District"/ Single Family Residential

South- "R-1A6.6 Single Family District"/ Single Family Residential East- "C-4 Resort Commercial District"/ Ranching, Large Lot

Single Family Residences West- "R-1A6.6 Single Family District", "R-2 Single and Two

Family District"/ Single Family Residential Comprehensive Plan Future Land Use Designation: Low Density Residential.

NOTIFICATION: 35 notices were sent to property owners located within 200 feet of the property in question.

WRITTEN APPROVALS AND PROTESTS: In Favor: #9 Marcia and Ronald Rogers 396, 398 S. Washington

#14 Nelly and Ricky Aguirre 532 S. Washington

In Opposition: # 1, # 2 Liberty Partnership 381 E. Austin

#16 Edward Omohundro 242 Mather

#22 Richard and Josie Cedillo 415 S. Union

#3 L. Thompson & F. Loesch 17 4 Cross River St

#6 Violet Tanneberger 111 E. Lincoln

#7 Marilyn McDonald 165 E. Lincoln

# 11 Bruce and Shannon Schwarz 190 Cross River

# 13, #24 Betty Freer 647 S. Washington 441 S. Union

#15,#17 Arthur & Isabel Garza. 541 S. Washington Ave

#19 Everette & Gracejane Seale 231 Cross River

61

#20 Joe Keen 556 Washington Ave

#21 Alice Johnson 192 E. Mather

#23 Wilton Warnecke Jr. 435 S. Union

#25 Genaro Medina 450 S. Washington

#27 John and Aleta Grimsley 424 S. Washington

# 30 Nell Rose Kraft 427 S. Washington

# 31 Patsy Vann 441 S. Washington

# 32, # 33 Mark and Rebecca Seaman 455 S. Washington

#34 Florence and Kenneth Canion 475 S. Washington

75.92% of the notified area has submitted written opposition to the requested rezoning. Numerous responses both in opposition and in favor were received from outside the 200' notification area.

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on November 13, 2007 and recommended denial by a vote of 5-1-0.

STAFF RECOMMENDATION: Staff recommends approval of the rezoning for the lots fronting S. Union. St. with the following conditions: • Height limit of 45ft., as approved in prior cases on N. Liberty • Solid screening 8 ft. fence

PLANNING COMMISSIONERS AT THE HEARING: 1. Mike Ybarra, Chairman 4. Judith Dykas-Hoffmann 2. 0. Daniel Castillo 5. Derek Seidel 3. Cheryl Casteel 6. Sandy Nolte

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: Pros: Goal1 Objective A

Finance:

Attachments:

Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The location and impact of Schlitterbahn and river tubing activity on S. Union negatively impacts the properties for residential use. Commercial resort would be compatible with both of these activities.

Goal 1 Objective C Consider rezoning, as necessary, to ensure existing and future land use compatibility. The proposed rezoning will be compatible with the existing commercial resort uses on much of Union St.

Agenda Item#: ------


62

Cons: Goal 1 Objective C Consider rezoning, as necessary, to ensure existing and future land use compatibility. Rezoning of the interior lots would not be compatible with the majority use of the neighborhood.

Goal 20 Objective A. Protect and improve each neighborhood of the City to be a desirable and attractive residential environment. Utilization of the interior lots would not er.able an adequate buffer to be provided between the residential use and commercial use.

Neighbor opposition.

ATTACHMENTS: 1. Notification map 2. Land Use and Zoning Map 3. Aerial Map 4. Map of responses within 200 foot area 5. Excerpt from Planning Commission minutes of November 13, 2007

P:\CCagenda\ZoneChgs&SUP\Seidel etal C-4A.doc

Applicant:

63

PLANNING COMMISSION - November 13, 2007 6:30PM New Braunfels Municipal Building, Council Chambers

John Seidel

Address/location: 465 S. Union; 483 S. Union; 509 S. Union; 525 S. Union; 541 S. Union 555 S. Union; 573 S. Union; 595 S. Union; 609 S. Union; 173 Cross River 162 E. Mather; 163 E. Mather; 187 E. Mather; 464 S. Washington

Owner(s): John Se.idel, et al

REQUEST FOR REZONING -CASE #PZ11/07·2

The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. "Z" indicates common ownership of properties. The property under consideration is marked as "SUBJECT".

1. Liberty Partnership Ltd 19. Seale Everette L and Gracejane 2. Henry Condo I Ltd 20. Keen, Joe B 3. Thompson, Linda and Loesch, Frances C 21. Johnson, Alice 4. Mitchell, Barbara 22. Cedillo, Richard J and Josefa L 5. Hallett, Nancy and David W 23. Warnecke, Wilton M Jr 6. Tanneberger, Violet M 24. Freer, Betty B 7. Mcdonald, Marilyn P 25. Medina, Genaro C and Dora 8. Gaskill, Christopher 26. Whitney, Victor Land Ester 9. Rogers, Ronald W and Marcia L 27. Grimsley, John V and Aleta L 10. Ban ham, Nancy 28. Teague, Shawn and Allen D 11. Schwarz, Bruce and 29. Foerster, Homer R 12. Tostado, Jose and Sylvia 30. Kraft, Nell Rose Tr 13. Freer, Betty B 31. Vann, Roger D 14. Aguirre, Ricky P and Nelly G 32. Seaman, Mark F and Rebecca D 15. Garza, Arthur Jr and Isabel 33. Seaman, Mark F and Rebecca D 16. Schlitt, Patricia Ann 34. Canion, Kenneth E and Florence I 17. Garza, Arthur Jr and Isabel 35. Tays, Joseph H 18. Oehlers, Eddie G and Betti

SEE MAP ON REVERSE

ATTACHMENT 1

".,City of

~~New Braunfels

(1)

PZ11/07-2 Seidel et al R-2 to C-4A

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1 inch equals 200 feet 0 100 200 400 Feet + Revised 10/24/07 I I I I I I I I I

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Residential High Density

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Commercial

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Industrial

Government

Schools

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Open Space

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0 75 150 300 Feet

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1 inch equals 200 feet + I I I I I I I I I Revised 11/13/07

68

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF NOVEMBER 13,2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ11/07 -2, the proposed rezoning of approx. 3.06 acres from "R-2 Single and Two Family District" and "R-1A-6.6 Single Family District" to "C-4A Resort Commercial District". (John Seidel, et al) Ms. Murphy explained that 14 properties were involved, located on S. Union Street, S. Washington Street and E. Mather Street. She added that some of the properties were part of the downzoning of "Area 6" earlier in the year. She said the conversion to commercial property from residential would require Certificates of Occupancy and compliance with the landscaping and parking ordinances. She said 35 notices were sent to property owners within 200' of the subject properties; 75.92% of responses were opposed; 8.04% were in favor; and 16.03% did not respond. She added that staff recommended approval, only for the lots fronting S. Union Avenue, with the following conditions: 1) A height limit of 45' as approved in prior cases on N. Liberty; and 2) Eight-foot high solid screening fences.

Chairman Ybarra asked if anyone wanted to speak in favor of the rezoning.

John Seidel, 801 Elm Creek Road, said many property owners in Area 6 had been opposed to the downzoning and thought that commercial zoning would be more appropriate. He listed reasons for the request. He added that only 30% of the 14 subject properties were owner-occupied.

Chairman Ybarra asked for the intent of the rezoning, and specifically, would the properties be combined into one or more larger properties. Mr. Seidel stated that the owners wanted the option to use their properties for rental to tourists or to be able to sell their properties for a commercial use.

Chuck Welty, 163 E. Mather, said he would not sell his property, but would like to rent it out as an office for a doctor, lawyer or real estate agent.

Melany Jolly, said she previously owned 609 S. Union and currently owned174 Cross River. She said she sold the property on S. Union because she did not think it was conducive for long-term rental to a family; however, the property on Cross River, which was immediately behind 609 S. Union, had a completely different feel and was currently rented out.

Tommy Toon, 465 S. Union Avenue, said they wanted to keep ownership of the house as a family gathering spot and a potential Bed and Breakfast.

Felix Cantu, 555 S. Union, said he favored the rezoning.

Ted Omohandro, 242 S. Mather, said he was not part of the request but was in favor of the rezoning because of the close proximity to Schlitterbahn and high volume of traffic on neighboring streets. He believed Bed and Breakfast establishments would enhance the neighborhood.

Eugene Preuss, 573 S. Union, said he was in favor of the proposed C-4A rezoning.

Ricky Aguirre, 523 Washington, was in favor because of the high volume of traffic on Mather and Union Streets. He said there were many dilapidated and abandoned homes that could be improved if rezoned to commercial.

Sommer Seidel Adcox, 391 Landa Street, said many of the homes in the subject area were originally built as weekend homes for people who lived out of town.

Jennifer Seidel, 730 E. Mather Street, said she owned three homes on Mather Street and noted it was no longer a quiet neighborhood because of all the tourist activity.

Chairman Ybarra asked if anyone wanted to speak in opposition to the rezoning.

ATTACHMENT 5

69

Marilyn McDonald, 165 E. Lincoln, asked how many times residents had to appear before the Commission to oppose commercial development. She noted some people had lived in the area since 1940 and wanted it to remain a neighborhood.

Kenneth Canion, 475 S. Washington, liked the small town feel of the neighborhood. He added thatthings had improved since the City had restricted parking on nearby streets. He said the rezoning would change the character of the neighborhood.

Wayne Rudolph, 1216 Shenandoah Drive, noted that staff was recommending approval of the rezoning on Union Street. He reminded the Commission of the uproar on the part of residential property owners when a developer out of San Antonio announced he was going to constiUct apartments on County Line Road on commercially zoned property. He said Council could do nothing about the situation since the zoning was appropriate. He commented that under the C-4A zoning, the subject property could be converted to a parking lot. He complained that the 14 property owners had only paid $500.00 for the application. He believed that each property owner should have paid $500.00, for a total of $7,000.00 in application fees.

Wilton Warnecke, Jr., 435 S. Union Street, believed that a Bed and Breakfast was a permitted use in the R-2 and R-1A-6.6 districts, thus allowing those who wanted to operate a Bed and Breakfast to do so without rezoning to commercial. He noted that most property owners really wanted to operate overnight rentals, which were completely different to Bed and Breakfasts. He said the neighborhood was stuck with Mr. Seidel's Special Use Permit at 595 S. Union but asked that the Commission not approve any additional similar rezoning requests. He asked the Commission to keep Union Street as the line between commercial and residential development. Mr. Warnecke further commented that the original C-4A district applied only to property with river frontage but the new zoning ordinance removed the requirement for river frontage, opening up the uses in the district to all areas of New Braunfels.

Violet Tanneberger, 111 E. Lincoln Street, said the owners of the subject property were mostly concerned with profit. She stated that commercial businesses did not belong in a residential historic, German, neighborhood. She asked the Commission to favorably take into consideration the property owners who choose to live in the area.

Karen McDonald, 141 E. South, noted that turning a residential neighborhood into a commercial one would not reduce traffic, nor did it make it safer for children. She asked Commissioners to consider if they would approve of such a request if it was next to their homes.

Clint Cronin, 232 E. Lincoln, expressed his opposition to the request.

Sally Can ion, 4 75 S. Washington, said there were many areas that could be developed commercially without encroaching into her neighborhood.

Chandler Gray, 186 E. Lincoln, asked for a show of hands of all those who opposed the rezoning request. Many hands in Chambers were raised, as well as some in the hallway.

Motion by Commissioner Nolte, seconded by Commissioner Seidel, to close the public hearing. The motion carried unanimously. (6-0-0)

Commissioner Nolte asked what part of Union did not allow parking. Ms. Jolly said no parking was permitted between Lincoln and Cross River. She also noted that it was not necessarily true that Bed and Breakfasts were possible in residential districts.

Commissioner Nolte reminded Commissioners of the many farmers that said they would never sell their land, yet did so. She said money would dominate at some point and some of the property owners who spoke previously would sell their property despite their assurances to the Commission that they would not do so.

Commissioner Casteel asked the applicants if they would be willing to execute a deed restriction, recordable at the County, agreeing not to turn their properties into parking lots or gas stations and agreeing to the 45' height restriction.

Mr. Seidel said he was willing to sit down and talk about the issues. He said it seemed that the Commission

ATTACHMENT 5

was concerned that Schlitterbahn would eventually bu~~P the properties for a parking lot. He then asked why Schlitterbahn objected to the rezoning when it could have benefited them in the future.

Commissioner Casteel noted that the procedural change for overnight rental in new zoning ordinance forced the Commission to consider rezoning the area to a commercial district when a Special Use Permit would have been more appropriate.

Commissioner Castillo asked about the application fee. Ms. Murphy said an additional $180.00 was paid by the applicants, for a total of $680.00, based on the total acreage of the subject area. She added that staff typically did not charge a separate fee for each lot or parcel, but on a defined area, Creekside being a good example.

Commissioner Castillo said he did not think the Commission could arrive at a solution. He thought the solution would affect the zoning ordinance and suggested that the Commission deny the application and allow City Council to give the Commission direction.

Motion by Commissioner Castillo, seconded by Commissioner Dykas-Hoffmann, that Case #PZ11/07-2, the proposed rezoning of approx. 3.06 acres from "R-2 Single and Two Family District" and "R-1A-6.6 Single Family District" to "C-4A Resort Commercial District", be forwarded to City Council with a recommendation to deny. The motion carried, with Commissioner Casteel voting "no". (5-1-0)

ATTACHMENT 5

71

ORDINANCE NO. 2008-

AN ORDINANCE REZONING APPROXIMATELY 3.06 ACRES CONSISTING OF 14 PROPERTIES ON S. UNION, S. WASHINGTON AND E. MATHER STREETS, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" AND "R-1A-6.6 SINGLE FAMILY DISTRICT" TO "C-4A RESORT COMMERCIAL 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 "C-4A Resort Commercial 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 rezoning approximately 3.06 acres

consisting of 14 properties on S. Union, S. Washington and E. Mather Streets, from "R-2 Single and Two

Family District" and "R-1A-6.6 Single Family District" to "C-4A Resort Commercial 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" and "R-1A-6.6 Single Family District" to "C-4A Resort

Commercial District".

"Approximately 3.06 acres of land consisting of 14 separate properties located on S. Union,

S. Washington and E. Mather Streets, as listed on Exhibit "A'.

SECTION 2

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or


SECTION 3

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


SECTION 4

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided

that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.

72

SECTION 5


PASSED AND APPROVED: First Reading this the 1 01h day of December, 2007.

PASSED AND APPROVED: Second and Final Reading this the 141h day of January, 2008.

ATTEST:




U:\Pianning\Ordinances\Zone Changes\Seidel S. Union C-4A.doc



2

11/07-2 Seidel Et al R-1A, R-2 to C-4A

465 S. Union 483 S. Union 509 S. Union 525 S. Union 541 S. Union 555 S. Union 573 S. Union .595 S. Union 609 S. Union 173 Cross River 162 E. Mather 163 E. Mather 187 E. Mather 464 S. Washington

Block 5023 Block 5023 Block 5021 Block 5021 Block 5021 Block 5021 Block 5021 Block 5021 Block 5004 Block 5021 Block 5021 Block 5023 Block 5023 Block 5023

73

Lots 3 and 4 Lots 5 and 6 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 1A Lot 7 Lot 10 Rear 54 ft. of Lots 7 and 8 Front 1 01 ft. of Lots 7 and 8 Lot 9 and pt. Lot 8

EXH181T "A"

74

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: CONDITIONAL SIGN PERMIT

ORIGINATING DEPARTMENT: PLANNING

COUNCIL DATE: DECEMBER 10, 2007

AGENDA CAPTION:

PRESENTER: ROBERT KINSEY

AGENDA#: 5]

DISCUSS AND CONSIDER A CONDITIONAL SIGN PERMIT REQUESTED BY GUNNARSON ADVERTISING.

RATIONALE: The applicant is requesting a conditional sign permit for a new off-premise billboard sign. The proposed sign will be a double-faced 14' X 48' (672 square feet per side), and will be erected on a steel monopole (see attachment 3 for sign details). The new sign will be located at 6362 IH 35 South. The property is located on the west side of IH 35, about% mile south of Engle Road. The property owner has entered into a lease agreement with Gunnarson Enterprises to secure a State Sign Permit for the Texas Department of Transportation.

The applicant is offering the removal of three existing off-premise billboards within the City Limits in return for permission to construct the new sign. One of the existing signs (referenced as #E04 on attached photos and maps) is a 12' X 48', double-faced, wooden billboard, located at the southeast intersection of Hwy 46 West and Hueco Springs Loop Rd. The other two signs are adjacent to one another on Hwy 46E between Pieper Rd. and Krause Ln. One sign (referenced as #E02) is a 12' X 40', single-faced, wooden billboard. The other sign (referenced as #E03) is a 16' X 24', double-faced, wooden billboard.

The three existing signs total 2,304 square feet. The net difference between the square footage of the existing signs (2,304 sq. ft.) and the proposed sign (1,344 sq. ft.) is 960 square feet.

The applicant appeared before the Council at its October 81h meeting with the same proposition, except

that a location for the new sign had not been secured. The applicant indicated that 6362 IH 35 would most likely be the location of the new sign, but had not yet been confirmed. The Council denied the request with a 5-1 vote.

If approved, a building permit will be required for the new sign, and the sign must adhere to all setback, size, height and spacing requirements.

FISCAL IMPACT: N/A.

BOARD RECOMMENDATION: N/A

STAFF RECOMMENDATION: Staff does not recommend approval of a new off-premise billboard. Under the current ordinance and in keeping with what has been established, the staff would recommend continuing in this direction. Therefore, Chapter 106, Section 106-1 O(e), specifically states prohibition of off-premise advertising signs.

ATTACHMENTS: 1. Application 2. Applicant's Explanation of Request 3. Sign Plans 4. Proposed Sign Location 5. Location Map of Existing Signs 6. Aerials of Existing Signs 7. Pictures of Existing Signs

U:\Pianning\CCagenda\ZoneChgs&SUP\Conditional Sign Permit Gunnarso!2... Ad.v.e ising 11 26 07.doc

Finance: _n_/a'------..-..:. __ _

Attachments: /S ~ Agenda Item#: -~'---"'"'<----


75 APPLICATION FOR CONDITIONAL SIGN PERMIT

City of New Braunfels, Planning and Community Development 424 S. Castell Avenue, New Braunfels, TX 78130 (830) 221-4050

1. Applicant- If owner(s) of business or coordinator(s) of special event, so state; If agent or other type of relationship, a

letter of authorization must be furnished from owner(s) or coordinator(s) at the time application is submitted.

Name Kim Gunnarson

Mailing Address: 1801 IH-35 San Marcos. Texas 78666

Telephone:512-396-5353 Fax: 512-396-4963 Mobile: 512-787-1591

Email:[email protected]

2. Property Address(es)/location(s): 6362 IH 35 South. We have to obtain this conditional permit before we are able to

get a TX-DOT permit. Future location will meet all TX-DOT spacing. size. configuration. and construction.

3. Number of requested sign(s):...Q!ll!

4. Dimension of sign(s): 14' X 48' steel monopole ''V" shaped 42 %feet above road grade

6. Business or event to be advertised: N/A

Reason for request (please explain in detail and attach additional pages if needed):

We seek a conditional sign permit due to the hardship created by the recent changes made to the citv's sign

ordinance. We propose to eliminate three (3) wooden structures: one double-faced 12' X 40': one double-faced 16' X

24'; and one single-face 12' x 48' in return for a conditional sign permit to build one (1) aesthetically agreeable 14'x48'

steel monopole. Our proposed sign meets the former off-premise sign regulations found in Chapter 106 of the New

Braunfels City Code and will also meet all state standards for height. size. and location. Our proposed sign will not

increase the number of off-premise signs in place prior to the new sign ordinance. and will be located on IH-35

frontage in a commercial zone.

7. Date(s) signs will be posted:

8. ATTACHMENTS: (The following items must be submitted with the application.)

__ A $300.00 application fee.

__ A scaled site plan showing proposed location(s) of the sign(s) on the property or properties.

__ A map showing distance (ft/miles) from sign to business/event if sign is off-premise.

__ A sketch showing the contents, dimensions, and construction material(s) of the sign.

__ Photographs of the property where the sign will be located.

The undersigned hereby requests a conditional sign permit for the /ocation(s) described above.

*>k:--For Office Use Only

Fee received By: :\oc..-e-\0'¢ 1M"'~' plo.J&. Amount JtJ.aO . (1() Receipt No. :__:..1.:::..)_.1~7u(p~:..)-;...._ _ ___:.

Date Received: I! /7 (o~ __) Cash/Check Number:--~..£"'--l:::o2;:.Jd-~·---------.:. Council Meeting Date: AAJt/ff..1-J her J[,, J.oo?

I

ATTACHMENT 1

August 1, 2007

City of New Braunfels City Council 424 Castell A venue New Braunfels, TX 78130

Dear Board Members:

76

Kim Gunnarson 1801 m 35 south

San Marcos TX, 78666

We understand that recently, there has been an influx of national companies building a multitude of structures in and around the New Braunfels community. We realize that this construction boom was an impetus for passing the new sign ordinance. Our company would like to participate in your community's effort to keep New Braunfels beautiful while maintaining our obligation to efficiently display advertising that draws consumers to patronize your local businesses, therefore keeping your local economy strong.

In order to accomplish these things, we propose the following: We would eliminate three (3) wooden structures (one double faced 12' X 40', one double faced 16' X 24', and one single face 12' x 48', for a total of 2304 square feet in return for a variance to build one (1) aesthetically agreeable 14'x 48' steel monopole.

The advantage of the monopole is that it provides an aesthetically pleasing backdrop for highly visible advertisements. In erecting a sign like this, we achieve two things: (1) we maintain a pleasing aesthetic for members of and visitors to New Braunfels, and (2) we create a display space for maximum-effect advertising to benefit New Braunfels commerce.

We have, gratefully, been a presence in your community for a number of years. Because we stay abreast of community issues, we are more than aware that you have the best intentions regarding all the various interests ofboth your residential and commercial members.

Thank you for your careful consideration of our proposal. We anticipate your timely response; please contact Kim Gunnarson with all inquiries by phone at 512.396.5353.

Respectfully,

J ;/ C,_-----L ;~

Kim Gunnarson

ATTACHMENT 2

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SHEE • file contractor shall verify all dimensions and

condit1ons in the field or.d notif)' the engineer of any discreoancies.

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30 PSF 23'-0"

35 PSF 18'-0"

30 PSF 30'-o"

35 PSF

30 PSF 35'-0"

35 PSF

30 PSF 40'-0"

35 PSF

30 PSF 45'-0"

35 PSF

30 PSF 50'-o"

35 PSF

30 PSF 55'-0"

35 PSF

30 PSF 60'-0"

35 PSF

30 PSF 70'-0''

35 PSF ----------

----I

COLUMN & FOUNDATION SCHEDULE

CENTERMOUNT COLUMN PIPE

36"0 x .375" pipe

36"0 x .375" pipe

36"0 x .437" pipe

36"0 x .437" pipe

36"0 x .437 pipe

36"0 x .500 pipe

36"0 x .500" pipe

42"(1) x .500" pipe

36"0 x .562" pipe

42"0 x .562" pipe

42"0 · x .500" pipe

42"0 x .500" pipe

42"0 x .500 pipe

48"0 x .562 pipe

48"0 x .500 pipe

48"0 x .562 pipe

48"0 x .562 pipe

~"0 X 5~ pi~=--

FULL FLAG CM FOUNDATION

COLUMN PIPE diameter depth

36"0 x .500" pipe 4'-0" 15'-0"

36"0 x .500" pipe 4'-0" 15'-3"

36"0 x .500" pipe 4'-o" 16'-6"

36"0 x .562" pipe 4'-6" 16'-9"

42"0 x .500 pipe 4'-6" 16'-6"

42"0 x .500 pipe 4'-6" 17'-9"

42"0 x .500 pipe 4'-6" 17'-0"

42"(1) x .500" pipe 4'-6" 18'-6''

42"(1) x .500 pipe 4'-6" 17'-9"

42"0 x .562" pipe 4'-6" 19'-6"

42"0 x .500 pipe 5'-0" 17'-6"

48"0 x .500" pipe 5'-0" 19'-6"

48"0 x .500" pipe 5'-0" 18'-6"

48"0 x .562 pipe 5'-0" 20'-3"

48"0 x .500" pipe 5'-0" 19'-3"

48"0 x .562 pipe 5'-0" 21'-0"

48"0 x .562 p1pe 5'-o" 20'-6"

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diameter depth

4'-6" 15'-3"

4'-6" 16'-0"

4'-6" 16'-3"

4'-6" 17'-3"

4'-6" 16'-9"

4'-6" 18'-3"

4'-6" 17'-9"

4'-6" 19'-o"

4'-6" 18'-6"

5'-0" 18'-9"

5'-0" 18'-0"

5'-0" 19'-9" I

5'-0" 19'-0"

5'-o" 20'-6"

5'-o" 19'-6"

5'-0" 21'-3"

5'-o" 21'-o"

5'-0" 22'-9"

WIND LOAD

30 PSF

35 PSF

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TORSION PIPE SCHEDULE

CENTERMOUNT

18"0 x .312" pipe

20"0 x .312" pipe

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ATTACHMENT 7

SIGN #E03 SIGN #E02

Between PIEPER RD. & KRAUSE LN.

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SIGN #E03

SIGN #E02

90

COUNCIL AGENDA ITEM


Resolution Supporting Submission of a Request for Grant Funding Under the State Homeland Security Program and Authorizing Acceptance of Award and Execution of Related Documents Resulting from That Request


COUNCIL DATE:

Administration (Intergovernmental

Services)

December 10, 2007

PRESENTER: Victoria Brown

AGENDA#: 5G AGENDA CAPTION: DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION SUPPORTING THE SUBMISSION OF A REQUEST FOR FUNDING UNDER THE STATE HOMELAND SECURITY PROGRAM AND AUTHORIZING THE CITY MANAGER 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 ANY RESULTING AWARDS.

RATIONALE:

On November 27, 2007, Staff learned of an opportunity to apply for Department of Homeland Security grant funding available under the State Homeland Security Program (SHSP). Funding requests under this program must meet a number of standards for consideration and must demonstrate the use of funds to enhance capability and support the National Preparedness Goal and relevant State Homeland Security Goals and Objectives.

Specific equipment is eligible for funding under this program and staff prepared and submitted a request for funding of surveillance equipment, body armor and GIS software licenses which meet the DHS Authorized Equipment List (AEL). Equipment purchased from the proceeds of this grant must be delivered not later than December 31, 2007.

FISCAL IMPACT:

Total funding request is $47,000. This grant has no matching requirement.


N/A


Staff recommends approval.

Finance: -----,------ Agenda Item#: __ !)-=-_G ___ _ Attachments: l@tL~ Council Date: December 10, 2007

91

RESOLUTION NO. 2007· __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, SUPPORTING THE SUBMISSION OF A REQUEST FOR FUNDING UNDER THE STATE HOMELAND SECURITY PROGRAM AND AUTHORIZING THE CITY MANAGER 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 ANY RESULTING AWARDS.

Whereas, the City of New Braunfels has submitted a request for Department of Homeland Security grant funding available under the State Homeland Security program (SHSP); and

Whereas, the equipment and software licenses proposed for funding under this request meet the DHS Authorized Equipment List requirements of the grant; and

Whereas, funding secured as a result of this request will procure equipment which will enhance the City of New Braunfels' emergency management efforts and help to ensure the safety of the citizens of this municipality and its first responders;

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

THAT, the City Council hereby supports the submission of the request for funding under the State Homeland Security Program and hereby authorizes the City Manager 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 any resulting awards.

PASSED, ADOPTED, AND APPROVED this 10th day of December, 2007.


BY: ------------------BRUCE BOYER, Mayor

ATTEST:

MICHAEL A. RESENDEZ

92

COUNCIL AGENDA ITEM

SUBJECT HISTORIC DESIGNATION OF LUDWIG AND HERMANN WILKE HOUSE- 365 MATTER/PROJECT: COMAL AVE.

~~~~~--------------------------------------------

ORIGINATING DEPARTMHJT: PLANNING PRESENTER: ROBERT KINSEY

COUNCIL DATE: DECEMBER 10, 2007 AGENDA#: s])

AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 365 COMAL AVE., TO BE KNOWN AS "THE LUDWIG AND HERMANN WILKE HOUSE", AS A HISTORIC LANDMARK ACCORDING TO CHAPTER 66, ARTICLE Ill, AND AMENDING THE ZONING MAP.

APPLICANT/OWNER: Applicant/Owner: Leo and Karen Scherrer

365 Comal Avenue New Braunfels TX 78130

BACKGROUND: The original one-room fachwerk house was built circa 1848, with additions in 1860 and in the 1890's. The house remained vacant until recently, when the current owner undertook the task of restoring the home. A more detailed history of the home, as well as a historic photograph, are attached.

GENERAL INFORMATION: Case#: PZ11/07-3

Size: 0.5927 acres (25,819.57 sq. ft.)

Surrounding Zoning and Land Use: North - "R-2 Single and Two Family District" I single family residential

South - "C-2 General Business District" I commercial/office East - "R-2 Single and Two Family District" I single family residential West - "R-2 Single and Two Family District I single family residential

NOTIFICATION: 18 notices were sent to property owners located within 200 feet of the subject property and 22 notices were sent to property owners of units within Inverness Condominiums (#19 on notification map). Four responses have been received in favor of the designation (#8, 12, 15 and 19 [Miller]), and none in opposition.

COMMISSION RECOMMENDATION: The Historic Landmark Commission held a public hearing and recommended approval on October 23, 2007. The Planning Commission held a public hearing on November 13, 2007, and recommended approval by a vote of 6-0-0.

STAFF RECOMMENDATION: Staff recommended approval.

PLANNING COMMISSIONERS AT THE HEARING: 1 . Cheryl Casteel 2. 0. Daniel Castillo 3. Judith Dykes-Hoffmann

Finance:

Attachments:

4. 5. 6.

Sandy Nolte Derek Seidel Mike Ybarra, Chairman

Ag~nda lt~m #: ___ 5,..__-"'1)~---Council Date: December 10, 2007

93

ATTACHMENTS: 1 . Notification Map 2. Zoning/Location Map 3. Aerial 4. History and ownership 5. Photos of property 6. Excerpt from Planning Commission minutes of November 13, 2007

U:\Pianning\CCagenda\HistoricLandmarkComm\Wilke House.agd.doc

Finance: Agenda Item#: ______ _

Attachments· Council Date: December 10, 2007

94

PLANNING COMMISSION - November 13, 2007 6:30PM New Braunfels Municipal Building, Council Chambers

Applicant: Leo and Karen Scherrer

Address/Location: 365 Comal Avenue

Owner(s): Leo and Karen Scherrer

REQUEST FOR HISTORIC DESIGNATION- CASE #PZ11/07-3


1. Duvall, Charles M and Kristin D 19. Prestridge, James Jr. 2. McDaniel, James E and John A 19. Long, James 3. McDaniel, John A 19. Carder, Jinny 4. Davis, Brian 19. Salazar, Yvonne 5. Settree, Louise C 19. Lisk, Christina 6. Newton, Marla 19. Marshall, William and Paula 7. Crumpler, Donna D 19. Faivre, William and Janice 8. Watson, Bob G and Laneta 19. Gonzales, Robert 9. Stein, Carol 19. Price, Christopher and Trudy 10. Elks 2279 of New Braunfels BPOE 19. Vanliere, Jerry and Maria 11. Neel, Michael A and Rhonda B 19. Bevis, Randall and Gina 12. Davis, John and Carola M 19. Cardenas, Donna and Gary 13. Frueholz, Frederick Jr 19. Stanford, Robin 14. Baenziger, Greg K and Leslie A 19. Dodge, Elizabeth 15. S and S Properties 19. Schmidt, Aaron 16. Liberty Partnership Ltd 19. Goree, Fred and Charlene 17. Elliott, Debbie 19. Agee, Howard 18. City of New Braunfels 19. Koechler, Orland and Joann 19. Mitchell, Richard 19. Driscoll, Richard and Billie 19. Shehan, lann Deckerd 19. Henderson, Lecelia Tr. 19. Harrison, mark and Cynthia 19. Akers, Robert and Kim 19. Miller, Carl and Mary

SEE MAP ON REVERSE

ATTACHMENT 1

f' ,City of ~iJ New Braunfels '--

PZ11/07-3 Scherrer

Historical Designation

N

1 inch equals 150 feet 0 75 150 300 Feet + Revised 10/24/07 I I I I I I I I I

[,cityof ~-..New Braunfels

PZ11/07-3 Scherrer

Historical Designation 0


- Residential Medium Density

- Residential High Density

- Manufactured Home Community

- Commercial

- Resort Commercial

- Industrial


N

1 inch equals 150 feet 75 150 300 Feet + Revised 10/24/07 I I I I I I I I I

!'"',City of

~-..New Braunfels "-z ;;;;;;;.

PZ11/07-3 Scherrer

Historical Designation

N

1 inch equals 150 feet 0 75 150 300 Feet I I I I I I I I I + Revised 1 0/24/07

98

Ludwig & Hermann Willke Lots 135 & 161

New Braunfels, Texas

Ludwig Willke was given Lot 135 by the German Emigration Society while his brother, Hermann Willke, acquired Lot 161 which is directly behind Ludwig's lot for $14.00. Lot 161 is landlocked on three sides and fronts the Comal River on the fourth side. Per the walking tour, HNotes of New Braunfels," the Willke brothers built the circa 1848 fachwerk one room house located at the left rear of the present structure. Later additions included two adobe double-brick walled rooms circa, 1860 which would have been plaster coated and then covered with wood siding. 1890's additions to the home included the front two Victorian rooms with 12 foot ceilings and the distinctive front porch which is representative of German farm houses of the period. Vacant for an estimated 65 years, the house is going through an extensive conservation effort at this time by owners, Leo and Karen Scherrer.

For several years many have viewed this home as too far gone to bring back. Fierce determination, hard work, and tenacity of the present owners have created a glimmer of hope in saving the Willke home.

ATTACHMENT 4

99

Ludwig & Hermann Willke Lots 135 & 161

New Braunfels, Texas

As Everett Fey stated in "The First Founder Biographies," Hermann Willke was a 22 year old single an, born in Collberg, on the Baltic Sea, a city which under Frederick the Great long and courageously resisted the Russians. Both Hermann & Ludwig Willke were Prussian officers when they immigrated to Texas aboard the brig Ferdinand. Ludwig was a Prussian Lieutenant of the 30th Regiment serving in Berlin. They arrived in Galveston in December of 1944. The Willke brothers traveled by schooner to Carlshafen, where he and the rest of the co.lonists were assembled. Next they traveled in stages up the Guadalupe River to the area which was to become New Braunfels.

When Price Solms in December, 1844, bought land on Matagorda Bay as a landing place for the colonists and founded Carlshafen, later Indianola, he appointed Lieutenant Ludwig Willke as depot overseer and station commander.

Hermann's talents must have been realized early on by Prince Solms because he was on his pay-roll. The Verein's Financial Ledger identifies Hermann as the assistant surveyor with an annual salary of $100.00 He was also awarded free rations reckoned at 19 cents a day or $69.35 annually. Undoubtedly Hermann Willke assisted Nicolaus Zink in the original surveying and laying out of the first lots in New Braunfels.

Hermann Willke was present in New Braunfels at its official founding as is evidenced by Reverend Ervenberg's listing. Hermann was# 28 on that particular list.

Hermann received Town Lot# 128 which was located on Comal Street near the Lindheimer Botanical Gardens between Church (now Coli) and Garden Street. He also purchased Town Lot# 161 for $14.00. This lot was a "land-locked" lot on the Comal River between Church and Garden Streets near Lot # 128 but with no access to a public street. For some reason unknown to us, Willke seemed not to receive any Acre Lot.

Hermann Willke apparently also impressed John 0. Meusebach so that he was assigned to be the surveyor for the lots in Fredericksburg. In the book Pioneers in God's Hills we see that Willke was later sent to Nassau Farm as overseer. Then, early in the year 181847, Willke was sent back to Fredericksburg where he was one of the "five educated young Germans" who accompanied Meusebach into the Verein's grant for the Comanche Peace Treaty. The above work then continues:

100

"At the end of that year, Willke was named surveyor of the grant. He was to transport supplies into the grant by mule team, so he and his brother bought ten mules in New Braunfels. Willke took up residence in the grant, surveying and painstakingly mapping it to facilitate its distribution to the German immigrants. He served the Emigration Society successively under Prince Solms, Meusebach, H. Spies and Lieutenant Ludwig Bene. During his more than eight years of work for the Verein, correspondence in the Society's archives about and with Willke reached considerable volume."

Some of the above work can be seen in a splendid map credited to Hermann Willke found in the Texas State Archives. It shows a composite of total Fisher Grant Survey assembled by Willke and details what appears to be the contributions of several surveyors. It is one of the earliest and clearest detailed maps of this area. The book Pioneers in God's Hills continues:

"With Bene, Willke worked as fellow surveyor. Before Bene traveled to Europe in 1850 to appear before the Verein, he recommended that H. Willke, a worthy, honorable and responsible man, be appointed the Verein's Agent-General in Texas. Willke, Bene avowed, was not only indispensable as surveyor, but could well carry on both posts. This Willke did satisfactorily. His neat and accurate maps of Indianola, New Braunfels, Fredericksburg, the land grant and other places, also became graphic links between the Verein officials in Wiesbaden and Texas.

"However, the surveyor's salary dwindled to almost nothing. Bene wrote the Verein in 1852 that he and Willke were having to live on their own resources. On February 1, 1853, town lots and out lots at Fredericksburg, having been recorded in the court, the surveying in the grant having been completed so that the land awaited only state legislation before it would be distributed to the colonists, Herman Willke resigned as Verein surveyor. He was to be employed by the Texas General Land Office in Austin at the salary of $1000.00 a year."

The Neu-Braunfelser Zeitung gives us some insight into Herman Willke's activities during the Civil War. In the October 18, 1861, edition we read that "Captain Willke's artillery company of Austin, Texas, passed through New Braunfels on Friday of the past week. They were given a warm reception and were quartered in Sippel's Hall for the night." We also learn that Captain Herman Willke's Battery served the Texas Coast as part of the heavy artillery there.

Reference: Fey, Everett A., New Braunfels: The First Founders, Volume 1: The History, Austin, Texas: Eakin Press, 1995. (Pages 609-612)

101

ATTACHMENT 5

106

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF NOVEMBER 13.2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ11/07-3, the proposed historic designation of "The Ludwig and Hermann Wilke House" located at 365 Comal Ave. (Leo and Karen Scherrei) Karen Scherrer, 365 Coma I Avenue, presented a brief history of the Wilke brothers and the home they built. She also provided details about the renovation and restoration of the home.

Chairman Ybarra complimented the applicants on the great job done on the renovation, considering the building had been in such a poor condition. Commissioner Seidel agreed.

Chairman Ybarra asked if anyone wanted to speak in favor of the historic designation.

Sally Can ion, 475 S. Washington, said she was grateful that someone cared enough to use their time, money and sweat equity to restore the home rather than have it destroyed.

Chairman Ybarra asked if anyone wanted to speak in opposition to the historic designation. No one spoke.

Motion by Commissioner Dykes-Hoffmann, seconded by Commissioner Nolte, to close the public hearing. The motion carried unanimously. (6-0-0)

Motion by Commissioner Nolte, seconded by Commissioner Castillo, that Case #PZ11/07-3, the proposed historic designation of "The Ludwig and Hermann Wilke House" located at 365 Comal Avenue, be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (6-0-0)

ATTACHMENT 6

107

ORDINANCE NO. 2008-__ _

AN ORDINANCE DESIGNATING THE STRUCTURE LOCATED AT 365 COMAL AVE., TO BE KNOWN AS "THE LUDWIG AND HERMANN WILKE HOUSE", AS A HISTORIC LANDMARK ACCORDING TO CHAPTER 66, ARTICLE Ill, AND AMENDING THE ZONING MAP.

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, this structure has been recommended for historic designation by the owner, the Historic

Landmark Commission, and the Planning Commission; and

WHEREAS, the City Council wishes to protect this structure as a part of the heritage of New

Braunfels for future generations; and

WHEREAS, the City Council desires to amend the Zoning Map by designating the suffix "HL" in

addition to the conventional zoning designation established by the zoning ordinance; now, therefore;


SECTION 1

THAT the following described structure is hereby designated as a Historic Landmark in accord with

the provisions of Chapter 66, Article Ill of the Code of Ordinances of the City of New Braunfels, Texas:

"The structure located at 365 Comal Avenue and known as The Ludwig and Hermann Wilke House".

SECTION 2

THAT the above structure is hereby restricted as to the amount or method of change, construction, or

demolition that can take place in accord with Chapter 66, Article Ill of the Code of Ordinances of the City of

New Braunfels.

SECTION 3

THAT the above described structure is hereby entitled to all rights and privileges that are accorded to

historically designated structures or sites, or which may be accorded those structures or sites in the future.

SECTION 4

THAT, the zoning map is amended by designating the tract the subject structure is located upon, to

add "HL".

108

SECTION 5

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


SECTION 6



SECTION 7



PASSED AND APPROVED: Second Reading this the 14th day of January, 2008.

ATTEST:




U:\Pianning\Ordinances\HistoricLandmarks\Wilke House.ord.doc



2



109

COUNCIL AGENDA ITEM

PUBLIC HEARING- REZONING 38.078 ACRES ON FM 1044

PLANNING PRESENTER: ROBERT KINSEY

COUNCIL DATE: DECEMBER 10, 2007 AGENDA#: 5£ AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE REZONING 38.078 ACRES ON FM 1044 ADJACENT TO THE PROPOSED HIGHLAND GROVE SUBDIVISION, FROM "APD AGRICULTURAL/PRE-DEVELOPMENT DISTRICT" TO "R-1A-6.6 SINGLE FAMILY DISTRICT".

APPLICANT/OWNERS: Applicant/Owner:

BACKGROUND:

Dale Kane 18618 Tuscany Stone# 210 San Antonio, Texas 78258

This subdivision is located on FM 1 044; the rear half was recently annexed. It is adjacent to the approved Highland Grove Subdivision, which has an approved master plan and unit 1 plat, but is not under construction. Highland Grove was designed to provide a 150 foot dedication for the future expansion of Loop 337 to FM 1044 near the intersection with West Klein Rd.

The property will be dedicating 80 feet of right-of-way for the future extension of County Line Road.

An adjacent owner has a FAA approved private airstrip and is concerned about how the subdivision will affect their airstrip. She wants to make sure that they are not blamed for noise or other airport effects. In the area around the city airport, we have started to require avigation easements for property near the airport. This is an option for this one as well.

After discussions with the developer, approximately six lots will be removed to provide a clear zone at the end of the runway. Since the FAA does not regulate approach zones to private airports, the developer has provided a clear zone of 75 feet from the enter line of the runway, as extended, as long as the runway is actively in use and registered with the FAA. (See Attachment 7.) Staff is proposing this as a restriction to the zoning and the developer has to created a deed restriction disallowing residential development within this area as long as the runway is active and registered with the FAA.

GENERAL INFORMATION: Case No:

Size:


Finance·

Attachments:

PZ08/07-2

38.078 acres

North- "PO Planned Development District", "APD Agriculture Pre Development District"/ Ranching, Large Lot Single Family Residences

South - "APD Agriculture Pre Development District"/ Ranching, Large Lot Single Family Residences

East- "APD Agriculture Pre Development District"/ Large Lot Single Family Residences

West- "APD Agriculture Pre Development District"/ Farming

~E Agenda Item#: __ -' ____ _


110

Comprehensive Plan Future Land Use Designation: Commercial strips along FM 1 044 and proposed Loop 337

extension; otherwise Low Density Residential.

NOTIFICATION: 9 notices were sent to property owners located within 200 feet of the property in question in August 2007 when the case was first considered. Two responses were received in opposition(# 2 and 3).

COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on November 13,2007 and recommended approval, subject to the following conditions: 1) All plats for the subdivision will be required to record an avigation easement; and 2) A deed restriction, duly recorded, shall state that no residential construction may be platted or initiated within 75 feet of the center line of the runway, as extended, as long as the runway is actively in use and registered with the FAA. The motion carried unanimously. (6-0-0)

STAFF RECOMMENDATION: Staff recommended approval with the following conditions: • All plats for the subdivision are required to record an avigation easement. • No residential construction may be platted or initiated within 75 feet of the enter line of the

runway, as extended, as long as the runway is actively in use and registered with the FAA.

PLANNING COMMISSIONERS AT THE HEARING: 1. Mike Ybarra, Chairman 4. Judith Dykes-Hoffmann 2. 0. Daniel Castillo 5. Derek Seidel 3. Cheryl Casteel 6. Sandy Nolte

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: Pros: Goal 1: Objective A

Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. Objective C Consider rezoning, as necessary, to ensure existing and future land use compatibility. This subdivision is adjacent to the Highland Grove Planned Development which will also consist of single family homes.

Complies with the Future Land Use Designation map.

Cons: Goal 1: Objective A. Establish and use criteria for considering applications for zone changes, such as the character of the neighborhood, zoning on adjacent parcels, and the extent to which a zone change would adversely affect adjacent properties. The development is adjacent to and near the end of an FAA approved airstrip on the property. The adjacent owner is concerned about potential noise complaints and house heights. Some homes will be under the approach zone for the airstrip.

ATTACHMENTS: 1. Notification map 2. Land Use and Zoning Map 3. Aerial Map 4. Draft Deed Restriction 5. Sample Avigation Easement 6. Possible subdivision lot layout 7. TxDOT "Farm and Ranch Airstrips" and map of 75ft. zone. 8. Excerpt from Planning Commission minutes of November 13, 2007

U:\Pianning\CCagenda\ZoneChgs&SUP\Kane Highland Gardens R-1A6.6.doc

111

PLANNING COMMISSION - August 14, 2007 6:30PM New Braunfels Municipal Building, Council Chambers

Applicant: Dale Kane

Address/Location: 38.078 acres out of the William Pate Survey and R. Ximenez Survey, located on the west side of FM 1 044 near Michelson Lane

Owner(s): Dale Kane

REQUEST FOR REZONING- CASE #PZOS/07-2


1. Williams, John F. and Deborah E. 2. Franks, Howard T. 3. Searight, 0. C. Jr. 4. Schaefer, Milton W. 5. 227NBCPLP 6. Wohlfahrt, R. R. and Adeline L. 7. Aguilar, Jose A. and Laura D. 8. Langen, Margaret J. 9. Wisdom, Thomas E.

SEE MAP ON REVERSE

ATTACHMENT 1

(5)

(4) 781

~ Subject Area

200 Ft Notification

(3)

12055

PZOS/07-2 Kane

APD to R-1 A-6.6

2272

560

N

0 250 500 1 ,000 Feet I I I I I I I I I +

0

Zoning Districts and

Existing Land Use

PZOS/07-6 Kane

APD to R-1 A6.6





Commercial

Resort Commercial

Industrial

Government

Schools

lnsttitutional - Churches. Nursing Hom,;s

1 inch eqllals 500 feet +· 0 250 500 1 ,000 Feet

I 1 1 1 I 1 1 1 1 Revised 7/30/07

0 1 ,000 2,000

Kane APD to R-1 A6.6

1 inch equals 500 feet +· 0 250 500 1 ,000 Feet

I 1 I 1 I 1 1 1 1 Revised 7/30/07

11s ~ O'tl o l,.. 6 lLLnc

DECLARATION OF USE RESTRICTION

This Declaration of Use Restriction (this "Declaration")

is made as of the date hereinafter set forth below by MORNINGSIDE

227, LTD., a Texas Limited Partnership ("Declarant").

WITNESSETH:

WHEREAS Declarant owns a tract of real property in

Guadalupe County, Texas, described on Exhibit AA@ attached hereto

(the "Buffer Zone Property") .

WHEREAS, it is the desire of Declarant to provide and

establish certain restrictions regarding the use of the Buffer Zone

Property necessitated by the proximity of the Buffer Zone Property

to a presently active air strip.

NOW, THEREFORE, Declarant hereby declares that the Buffer

Zone Property and any and all portions thereof shall be held, sold,

and conveyed subject to the following restrictions, covenants and

conditions which shall run with the Buffer Zone Property and which

shall be binding upon all parties having any right, title or

interest in the Buffer Zone Property or any part thereof, their

heirs, successors and assigns, and shall inure to the benefit of

I.

USE RESTRICTIONS

The Buffer Zone Property is hereby restricted to non-

residential use only. No residential use shall be made of the

Buffer Zone Property. No residential structures, permanent or

ATTACHMENT 4

116

temporary, shall be placed on the Buffer Zone Property.

II.

ENFORCEMENT

The County Attorney of Guadalupe County, the Declarant,

and/or any owner of a portion of the Buffer Zone Property shall

have the right to enforce this Declaration, by any proceeding at

law or in equity. Failure by the County Attorney, the Declarant,

or any such owner to enforce any of the provisions herein contained

shall in no event be deemed a waiver of the right to do so

thereafter. All owners of the Buffer Zone Property or any portion

thereof hereby waive the right to assert any statute of limitations

in any proceedings to enforce this Declaration.

III.

TEBM

These covenants and use restrictions shall run with the

land until such time as the above mentioned air strip ceases to be

an active air strip facility, whereupon this Declaration, in its

entirety, will terminate, cease to exist and be of no further force

and effect.

IN WITNESS WHEREOF, this Declaration is executed to be effective as of the day of , 20

MORNINGSIDE 227, LTD. a Texas Limited Partnership By: MORNINGSIDE GENERAL, L.L.C.

Its General Partner

By: STEVEN J. HONIGBLUM, Manager

117

STATE OF TEXAS

COUNTY OF

This instrument was ACKNOWLEDGED before me by STEVEN J. HONIGBLUM, Manager of MORNINGSIDE GENERAL, L.L.C., General Partner of MORNINGSIDE 227, LTD., a Texas Limited Partnership, on this, the

day of , 2007.

AFTER RECORDING RETURN TO:

Notary Public, State of Texas

PREPARED IN THE LAW OFFICES OF WEST & WEST ATTORNEYS 2929 Mossrock #204 San Antonio, TX 78230

STATE OF TEXAS §

COUNTYOFGUADALUPE §

118

A VIGATION EASEMENT

This easement is granted by of ----------(hereinafter called "Grantor" or "Property Owner" whether one or more natural persons or legal entities) to the City of New Braunfels, Texas, a municipal corporation of Coma! County, Texas (hereinafter called "City" or "Grantee").

WITNESSETH:

WHEREAS, Grantor is the owner in fee simple of that certain real property (the "Property"), more particularly described on Exhibit "A", which is attached hereto and incorporated herein by reference; and

WHEREAS, the City is the owner and operator of the New Braunfels Municipal Airport (the "Airport") situated in Guadalupe County, Texas and in close proximity to the Property; and

WHEREAS, City desires to acquire certain rights in the air space above Grantor's Property and Grantor is willing to grant an easement in said air space;

NOW, THEREFORE, Grantor, for and in consideration of one dollar and other good and valuable consideration to the undersigned in hand paid by the City of New Braunfels, Texas, the receipt of which is hereby acknowledged and confessed, has granted, sold and conveyed and does hereby grant, sell and convey unto said City, its successors and assigns, an easement in the air space above the Property described on Exhibit "A".

BENEFICIARIES: This Avigation Easement and right-of-way and its incidental rights shall be for the use and benefit of the general public, including but not limited to, the City, all users of the Airport, and the United States Armed Forces.

USE AND PASSAGE OF AIRCRAFT: The Avigation Easement shall be a perpetual, nonexclusive easement in gross for the free and unobstructed use and passage of all types of aircraft ("aircraft" being defined as any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air) landing at or taking off from, or operating at or on the Airport, or any airport owned by the City or its successors and assigns, by whomsoever operating said aircraft in, into, over, and through all air space of the Property located above the heights of the lowest of the "imaginary surfaces" established in relation to the Airport and to each runway at the Airport in accordance with the applicable provisions of Federal Aviation Administration regulations, set forth in 14 C.F.R. 77.21-77.29, as the same may be amended from time to time, to an indefinite height above said imaginary surfaces (the "Permitted Air Space"). INCIDENTAL RIGHTS/EFFECTS: The incidental rights and effects of said Avigation Easement shall include, but not be limited to:

a. The right in all air space above the surface of the Property to cause damages to the Property or to persons or animals occupying or on said Property, from noise, vibration, electronic interference, fumes, dust, fuel vapor, lubricant particles, and all other effects that may be caused by the operation of aircraft in the Permitted Air Space while landing and taking off from, or operating at or on the Airport, as it now or as it may hereafter be configured, or any other airport owned by the

ATTACHMENT 5

119

City, its successors and assigns. Said incidental rights and effects do not include falling aircraft, aircraft landing, explosion, crash, falling objects other than those specified in the preceding sentence, or dumping or spillage of liquid fuel.

b. The continuing right and easement to take any action necessary to prevent the erection or growth of any structure, tree, or other object into the Permitted Air Space and to remove from such Permitted Air Space any and all structures, trees, or other objects that may at any time project or extend to same, together with the right of ingress to, or egress from, and passage over said Property for said purposes.

c. Notwithstanding any increase or other change in the boundaries of the Airport, reconfiguration of the Airport, additions or changes to the runways at the Airport, volume of operations, noise, or pattern of traffic at the Airport until said Airport, or any other airport operated at or near the same location of the Airport, is abandoned and ceases to be used for airport purposes.

BINDING EFFECT: This A vigation Easement shall bind and inure to the benefit of Grantor and Grantee, their heirs, representatives, successors and assigns. This A vigation Easement and the rights of Grantee hereunder may be assigned by Grantee so long as the assignee utilizes the A vigation Easement as contemplated herein.

TO HAVE AND TO HOLD the above described A vigation Easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City of New Braunfels, Texas, its successors and assigns forever, and Grantor is hereby bound, together with all heirs, executors, administrators, or successors, to Warrant and Forever Defend all and singular the said Avigation Easement unto the City of New Braunfels, Texas, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof.

EXECUTED this __ _ day of _________ , 200_.

Printed Name, GRANTOR

STATE OF TEXAS §

COUNTY OF _____ _ §

BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person)s) whose name(s) is (are) subscribed to the foregoing Avigation Easement and acknowledged to me that he/she/they executed the same for purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ________ ,, 200_.

Notary Public, State of Texas

day of

C5) N .,...;

r E i l

--------- ------------------

COMAL COUN"TV

NOTE1: NO SINGLE FAMILY HOMES WILL BE CONSTRUCTED WITHIN AN APPROXIMATE OFFSET OF 75 FEET BOTH SIDES OF THE EXtSTING AIRSTRIP CENTERUNE.

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TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION

125 EAST 11TH, AUSTIN, TX 78704-2483 (MAILING) (512) 416-4500 FAX: (512) 416-4510 1-800-687-4568

FARM AND RANCH AIRSTRIPS

HOW TO BUILD YOUR OWN AIRSTRIP

1

ATTACHMENT 7

122

SOIL CHARACTERISTICS

Stability of the soil is important, especially during inclement weather. In general, the more sandy the soil, commensurate with its ability to

produce turf, the more stable will be the landing strip. Clay soils absorb excessive moisture during wet weather and tend to become quagmires of instability. A stable soil may reduce the need for heavy grading.

On sandy soils with good drainage, where there is well established turf, it is possible to operate in all types of weather as the soil, even when containing a high degree of moisture, will support the weight of an aircraft. With heavy clay soils, on the other hand, it is necessary to provide steeper lateral slopes by grading and other means for more rapid runoff and for diverting off site drainage.

LANDING STRIP DEVELOPMENT

The most important part of the airport is the landing strip or that area used for landing and taking off of aircraft. Although lateral clearances of 200 feet from the centerline of the strip to the fence line are provided on many public airports, an unfenced, open area landing strip for private use could be only 75 feet in width. If the landing strip is fenced or runs through wooded areas, it would be safer to provide from 100 to 200 feet for width.

The minimum length landing strip being advocated now is approximately 3,200 feet. It could be shortened slightly in some cases where small light aircraft will be used, and lengthened wher~· greater elevations, grades and temperatures are involved. For exact requirements for areas of different elevation, see Figure 2. Turf surfaces create more wheel drag than do the pavements from which most pilots normally operate. The increased wheel drag requires a longer takeoff run and, correspondingly, a need for a longer strip. The maximum longitudinal grade recommended for landing strips on small airports is 2%. It is desirable not to exceed this grade because of the inherent drag on takeoff, and the difficulty of using the full length of a strip with an extreme grade on landing.

The landing strip must have safe approaches even if it is intended for use only during daylight hours. This feature is illustrated in Figure 3. Basically, the requirement is that not structure or obstacle penetrate 1

the approach path of landing aircraft. This means that there ~hould be no structure or obstacle in the approaches to the airstrip higher than one foot for every 2Q feet horizontally from the runway ~n~s. Lateral clearance to trees or structures is not as critical,. but any hills or sharply rising ground adjacent to the beginning of the landing strip can cause wind shifts that could be hazardous to the pilot.

9

124

DRAFT

EXCERPT FROM PLANNING COMMISSION MINUTES OF NOVEMBER 13,2007

PUBLIC HEARINGS Hold a public hearing and make a recommendation to City Council regarding Case #PZ08/07-2, the proposed rezoning of 38.078 acres on FM 1044 adjacent to the proposed Highland Grove Subdivision, from "APD Agricultural/ Pre-Development District" to "R-1A-6.6 Single Family District". (Dale Kane)

Ms. Murphy said the item had been postponed from the August meeting because there was some concern regarding the proposed subdivision's proximity to the adjacent private airstrip. She said the applicant had since removed six lots that would have been located directly under the flight path/approach zone.

Chairman Ybarra asked if anyone wanted to speak in favor of the rezoning.

Steven Granado, engineer with Carter Burgess, explained that the Aviation Division of the Texas Department of Transportation guidelines suggests that approach zones at private landing strips allow for a 150' buffer zone, or 75' on each end of the runway. In accordance with that guideline, the developers agreed to include a clause in the deed restrictions that prevented any development within the buffer zone as long as the airstrip was in use.

Commissioner Casteel asked if the restriction was in addition to the avigation easement. Mr. Granado said it was, and both documents would be recorded at the time of plat recordation.

Chairman Ybarra asked if anyone wanted to speak in opposition to the rezoning. No one spoke.


Motion by Commissioner Casteel, seconded by Commissioner Dykes-Hoffmann, that Case #PZ08/07 -2, the proposed rezoning of 38.078 acres on FM 1044 adjacent to the proposed Highland Grove Subdivision, from "APD Agricultural/ Pre-Development District" to "R-1A-6.6 Single Family District", be forwarded to City Council with a recommendation to approve, subject to the following conditions: 1) All plats for the subdivision will be required to record an avigation easement; and 2) A deed restriction, duly recorded, shall state that no residential construction may be platted or initiated within 75 feet of the center line of the runway, as extended, as long as the runway is actively in use and registered with the FAA.

Commissioner Castillo noted that information from TxDOT allowed clearance width of 75' for a private landing strip if it was unfenced. Mr. Granado said it referred to fencing of the landing strip, not the development. He said there would not be any residential fences in the buffer zone.

The motion carried unanimously. (6-0-0)

ATTACHMENT 8

125

ORDINANCE NO. 2008-

AN ORDINANCE REZONING 38.078 ACRES ON FM 1044 ADJACENT TO THE PROPOSED HIGHLAND GROVE SUBDIVISION, FROM "APD AGRICULTURAL/PREDEVELOPMENT DISTRICT" TO "R-1A-6.6 SINGLE FAMILY 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 ofthe "R-1A-6.6 Single Family District", the City

Council has given due consideration to all components of said districts; 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 38.078

acres located on FM 1044, from "APD Agricultural/Pre-Development District" to "R-1A-6.6 Single Family

District", now, therefore;


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 a 38.078 acre tract of land

from "APD Agricultural/Pre-Development District" to "R-1A-6.6 Single Family District", as delineated in Exhibit

"A", and described in Exhibit "B".

SECTION 2

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

SECTION 3

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or


SECTION4

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


126

SECTION 5



SECTION 6

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



ATTEST:



ALAN WAYLAND, City Attorney



P:\Ordinances\Zone Changes\Kane Highland Gardens R-1A-6.6.ord.doc

2

127 911 Cenrral Parkway i'lorih

Carter~~aurgess Su1te 425

San Antonio, TX 782J2-5065

Phone: 210.494.0088

A Metes and Bounds Description of a 38.078 Acre Tract

Fax: 210.494.4525

www.c-b.com

A 38.078 acre (1,658,691 sq. ft.) tract of land being the same tract of land called 38.167 acres conveyed by Richard C. Keller to Michael E. Mueller by deed dated April 3, 1979 recorded in Volume 57 5, Page 291 of the Deed Records of Guadalupe County, Texas, said tract being situated in the WM. Pate survey Abstract No. 259 and the R. Ximenez survey Abstract No. 347, Guadalupe County, Texas. said 38.078 acres being more particularly described as follows:

BEGINNING: at a found l/2"iron rod with a plastic cap marked "KOLODZIE" on the west right-of-way line of F.M. 1044, an 80-foot right-of-way, recorded in Volume 279, Page 514 of the Deed Records, Guadalupe County, Texas, the northeast corner of a 5.575 acre tract recorded in Volume 565, Page 726 of the Official Records, Guadalupe County, Texas, and the southeast corner of the herein described tract;

THENCE: N 82°42' 11" W, departing the west right-of-way line of F.M. 1044, along and with the north line of the aforementioned 5.575 acre tract, a distance of 830.88 feet to a found 3/8" iron rod, the northwest corner of the 5.575 acre tract, the northeast corner of a 25.000 acre tract recorded in Volume 825, Page 946 of the Official Records, Guadalupe County, Texas, and an interior corner of the herein described tract;

THENCE: Along and with the north and west lines of the aforementioned 25.000 acre tract the following courses and distances:

THENCE:

THENCE:

THENCE:

S 78° 18'26" W, a distance of 569.63 feet to a found W' iron rod with a plastic cap marked with "KOLODZIE", a corner of the aforementioned 25.000 acre, an interior corner of the herein described tract;

S 63°41 '58" W, a distance of 1067.16 feet to a found 5/8" iron rod, the west corner of the 25.000 acre, an interior corner of the herein described tract;

S 26° 19' 14" E, a distance of 483.09 feet to a found "60D" Nail in a wood post with a plastic cap marked "KOLODZIE", the southwest corner of the 25.000 acre, and the southeast corner of the herein described tract;

S 64°05'29" W, along and with a southeast line of the herein described tract, a distance of 947.67 feet to a found W' iron rod with a plastic cap marked with "KOLODZIE", on the northeast line of a 100 acre tract recorded in Volume 256, Page 34 of the Deed Records, Guadalupe County, Texas, the south corner of the herein described tract;

N 25"22'06" W, along and with the northeast line of the aforementioned 100 acre tract, a distance of 690.29 feet to a found W' iron rod with a plastic cap marked with "KOLODZIE", on the southeast line of a 205.981 acre tract recorded as Document Number 200506035116 of the Official Records, Coma! County, Texas the northeast corner of the 100 acre tract, and the west corner of the herein described tract;

Along and with the southeast line of the aforementioned 205.981 acre tract the following courses and distances:

N 64°16'07" E, a distance of 1304.04 feet to a found W' iron rod, an angle of the herein described tract;

N 63°20' 57" E, a distance of 1843.38 feet to a found W' iron rod with a plastic cap marked "KOLODZIE", the southeast corner of the 205.981 acre tract, the southwest corner of a 9.812 acre tract recorded in Volume 117, Page 599 of the Deed Records, Coma! County, Texas, and an angle of the herein described tract;

EXH1B1T UA"

Page l of 2

Carter & Burgess, Inc. Carter & Burgess Consultants, Inc.

C&B Architects/Engineers, Inc. C&B Architects/Engineers, P.C. C&B Nevada, Inc.

THENCE:

THENCE:

THENCE:

THENCE:

Adrian E. Reyes

128

N 63°08'00" E, along and with the southeast line of the aforementioned 9.812 acre tract, at a distance of 578.76 feet passing a southeast corner of the 9.8l2 acre tract, and continuing along and with the southeast line of an old abandoned county road referenced in Volume 117, Page 598 of the Deed Records, Coma! County, Texas, a total distance of 646.l2 feet to a found W' iron rod, the west corner of a 1.905 acre tract recorded in Volume 1724, Page 274 of the Official Public Records, Guadalupe County, Texas, the north corner of the herein described tract;

S 05°0 l '02" W, along and with the west line of the aforementioned l.905 acre tract, a distance of 664.71 feet to a found 3/8" iron rod, an angle of the herein described tract;

S 07°30'54" W, along and with the west line of the aforementioned l.905 acre tract, a distance of 31.37 feet to a found Y2'' iron rod with a plastic cap marked "KOLODZIE", on the west right-ofway line of F.M. 1044, the south corner of the 1.905 acre tract, a corner of the herein described tract, and the non-tangent beginning of a curve to the left whose radius bears S 73°49' 12" E, a distance of 2336.49 feet;

292.87 feet along and with the west right-of-way line of F.M. l044 with the curve to the left having a radius of 2336.49 feet, a central angle of 07° 1 0' 54", and a chord bearing and distance of S 12°35'21" W, 292.68 feet to the POINT OF BEGINNING, and containing 38.078 acres more or less, said tract being described in accordance with a survey made on the ground under my supervision and prepared by Carter & Burgess, Inc.

Registered Professional Land Surveyor Texas Registration No. 5806

S:\310555.0!2 MORNINGSIDE 38 AC\DOCS\ M&B-38.078AC.doc

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LEGEND

- - - - SUBJECT PROPERTY BOVNO~RY

---- ADJACENT TRACT

NO SINGLE FAMILY HOMES WILl. BE CONSTRUCTED WITHIN AN APPROXIMATE OFFSET OF 75 FEET BOTH SlOES OF THE EXISTING AIRSTRIP CENTERLINE.

LEGAL DESCRIPTION:

A 38.078ACRE (1,658.685 SQ. FT.) TRACT OF LAND BEING THE SAME TRACT OF lAND CALLED 38.167 ACRES CONVEYED BY MICHAEL E. MUELLER TO MORNINGSIDE 227,LTD. BY DEED DATED APRIL 04,2008 RECORDED IN VOLUI'o1E 2308, PAGE 932 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, SAID TRACT BEING SITUAlED IN THE WM. PATE SURVEY ABSTRACT NO. 259 AND THE R. XIMENEZ SURVEY ABSTRACT NO. 347, GUADALUPE COUNlY, TEXAS.

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130

COUNCIL AGENDA ITEM


PUBLIC HEARING AND FIRST READING- ORDINANCE GRANTING A SPECIAL USE PERMIT AT 1153 LEE STREET


COUNCIL DATE: DECEMBER 10, 2007 AGENDA#: SF AGENDA CAPTION: PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR LOT 10, NCB 4031, KNOWN AS 1153 LEE STREET, TO ALLOW THE EXISTING BUILDING TO BE UTILIZED AS A REAL ESTATE AND PROPERTY MANAGEMENT OFFICE IN AN "R-2 SINGLE AND TWO-FAMILY DISTRICT".

APPLICANT/OWNER: Curt & Denise Leonhardt 476 Academy Avenue New Braunfels, TX 78130

BACKGROUND: The subject property is located on Lee Street, one lot in from Walnut Avenue. The adjacent property at 1155 Lee Street was previously used as the property owners' primary residence. The property owners have since moved to 476 Academy Avenue. The detached accessory building on Lot 1 0 has been utilized by the property owners as an office for their business, New Braunfels Leasing & Property Management, LLC. Code Enforcement became aware of the business operating in an R-2 district. The property owners were notified that the nature of the business does not comply with the home occupation or R-2 regulations of the zoning ordinance. Therefore, the property owners are requesting a special use permit to be able to continue utilizing the property for the business.

It is staffs understanding that business operations are minimal. However, the business does not qualify as a home occupation due to the fact that the business owner does not reside at the residence and customers come to the property to pick up their keys to the rental properties.

There have been similar zone changes from residential to commercial for properties that are within three to five blocks of the subject property and that are within two lots of Walnut Avenue. Below is a summary of those zone changes.

Case PZOS/06-5 Manuel & Norma Madrigal 375 N. Walnut Avenue Proposed use: to market property for sale for office use. Rezoned from "R-2 Single & Two-Family District" to "C-0 Commercial Office District"(r-68) with the following additional restrictions:

1. Main structure: The existing building shall remain or be enlarged a maximum of 150 square feet and no other building shall be erected on the lot.

2. Signs: No off-premise or billboard signs shall be allowed. Ground signs shall be no larger than 8 square feet.

Case PZ07/04-1 Forrest McGlothlin, CPA 1115 W. Bridge Street Proposed use: CPA office. Rezoned from "R-2 Single & Two-Family District" to "C-0 Commercial Office District"(r-39) with the following additional restrictions:

1. Main structure: The existing building shall remain, nor shall it be enlarged and no other

Agenda Item#: __ 5-=-_J!..,_ ___ _ Attachments:

Finance: ----r-----

q(J>~ Council Date: December 10, 2007

131

building shall be erected on the lot. 2. Signs: No off-premise or billboard signs shall be allowed. Ground signs shall be no

larger than 8 square feet.

Case PZ07/03-1 Luke Speckman 1135 W. Mill Street Proposed use: Office and light services. Rezoned from "R-2 Single & Two-Family District" to "C-1A Neighborhood Business District"(r-24) with the following additional restiictions:

1. Parking: All on-site parking shall be located in the rear of the property. 2. Main structure: The existing building shall be maintained, and the character of the main

structure shall be maintained by preserving the rock fa9ade. 3. Signs: No off-premise or billboard signs shall be allowed. No signs on a building shall be

allowed. Ground signs shall be monument style, no taller than four feet and no larger than sixteen square feet per sign face and no more than two sign faces, and be located at least ten feet from a driveway or right-of-way. The monument sign must contain some element of stone or masonry similar in color and texture to that on the main building on the lot.

The applicant is proposing to keep the existing concrete driveway approach and to construct a parking lot using an aggregate rock base material, either %" to dust limestone, or decomposed crushed granite. This proposal varies from the standard commercial requirements. The existing driveway is residential. Commercial driveways require a driveway approach between 20' and 40' wide with radii or flares of 15' to 30'. In addition, driveways and parking lots are to be constructed of asphalt or concrete. If the SUP is approved as submitted, no variances will be required from the Zoning Board of Adjustments of Access Management Board of Adjustments.

GENERAL INFORMATION: Case#: PZ11107-1

Size: 0.265 acres (11 ,523.6 sq. ft.)

Surrounding Zoning and Land Use: North - "R-2 Single & Two-Family District" I Single-Family

South - "R-2 Single & Two-Family District" I Single-Family East - "R-2 Single & Two-Family District" I Single-Family West - "R-2 Single & Two-Family District" I Single-Family

Comprehensive Plan Future Land Use Designation: Low Density Residential

NOTIFICATION: 23 notices were sent to property owners located within 200 feet of the property in question. To date, one response has been returned in favor (#9) and two responses have been returned in objection (# 13 and 17).

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

STAFF RECOMMENDATION: Staff recommended approval of the Special Use Permit.

PLANNING COMMISSIONERS AT THE HEARING: 1. Cheryl Casteel 2. 0. Daniel Castillo 3. Judith Dykes-Hoffman

4. 5. 6.

Sandy Nolte Derek Seidel Mike Ybarra, Chairman

132

PROS AND CONS BASED ON THE POLICIES FROM THE 2006 COMPREHENSIVE PLAN: Pros: Goal 20 Approve rezonings that provide for a mix of land uses. The proposed special use

permit would be a low intensity mixed use within the neighborhood. The property is one lot away from Walnut Avenue, a major arterial, where there are existing mixed uses.

Cons: Goai1A

Goai1C

Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The subject· property is in a residential neighborhood. There are no commercial properties adjacent to the subject lot.

Consider rezoning, as necessary to ensure existing and future land use compatibility. The proposed zoning is not consistent with the immediate surrounding uses.

ATTACHMENTS: 1. Excerpt from Planning Commission minutes of November 13, 2007 2. Zoning/Land use Map 3. Aerial 4. Notification Map 5. Site Plan

U:IPianningiCCagenda\ZoneChgs&SUP\Leonhardt SUP 1153 Lee.doc

Finance: Agenda Item 1/: ______ _

AttachmGnts: Council Date. December 10, 2007

133

EXCERPT FROM PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 13, 2007

Hold a public hearing and make a recommendation to City Council regarding Case #PZ11/07-1, the proposed Special Use Permit for Lot 10, NCB 4031, known as 1153 Lee Street, to allow the existing building to be utilized as a real estate and property management office in an "R-2 Single and Two-Family District". (Curt and Denise Leonhardt)

Mr. Greene explained that the applicant appeared before the Commission at the August meeting requesting rezoning to "C-O Commercial Office District" but the Commission felt that a Special Use Permit was more appropriate. He said the applicant intended to keep the existing concrete driveway approach but would construct a parking lot using aggregate rock, a material which varied from the commercial driveway requirements. He said 23 notices were sent to property owners within 200' of the subject property; one response was received in favor of the Special Use Permit (#9) and two responses in opposition (#13 and 17). He said staff recommended approval of the Special Use Permit as submitted.

Chairman Ybarra asked if anyone wanted to speak in favor of the Special Use Permit.

Curt Leonhardt, 4 76 Academy, said he and his wife owned the subject property at 1153 Lee Street as well as 1155 Lee Street. He said the property was used for commercial purposes in the 1940's and 1950's. He described the existing and proposed improvements on the property.

Chairman Ybarra asked if anyone wanted to speak in opposition to the Special Use Permit. No one spoke.


Motion by Commissioner Casteel, seconded by Commissioner Castillo, that Case #PZ11/07-1, the proposed Special Use Permit for Lot 10, NCB 4031, known as 1153 Lee Street, to allow the existing building to be utilized as a real estate and property management office in an "R-2 Single and Two-Family District", be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (6-0-0)

ATTACHMENT 1

!"',City of

~-..New Braunfels --PZ11/07-1 Leonhardt SUP in R-2





Resort Commercial


N

1 inch equals 1 00 feet 0 50 1 00 200 Feet I I I I I I I I I + Revised 10/24/07

r- ·"' City of '-J New Braunfels

PZ11/07-1 Leonhardt SUP in R-2

1 inch equals 1 00 'feet 0 50 1 00 200 Feet I I I I I I I I I

N

+ Revised 10/24/07

136

PLANNING COMMISSION - November 13. 2007 6:30PM New Braunfels Municipal Building, Council Chambers

Applicant: Curt and Denise Leonhardt

Address/Location: Lot 10, Block 4031, located at 1153 Lee Street

Owner(s): Curt and Denise Leonhardt

REQUEST FOR SPECIAL USE PERMIT- CASE #PZ11/07·1


1. Baerwald, Leroy 13. Hagan, Phyllis 2. Herman, David P. 14. Heynis, Frank and Sarah 3. Mcclinton, J. T. and Lethia 15. Toungate, Jim B. 4. Braune, Donna 16. Manlove, Tammy L. 5. Hall, Alvin C. 17. Brummett, W Ralph II and Jane A. 6. Hernandez, Pedro F and Carmen 18. Haas, Dianne M 7. Morrow, Steven G. 19. Hunt, Philip Scott and Betty J. 8. Spivey, Juanita Herring 20. Weber, Jason T. and Erika L. 9. Lira, Edward and Tonya M. 21. Shockey, Everett R. and Vera M. 10. Williams, Warren B. and Laura E. 22. Gaines, Thomas, Jr. 11. Sandoval, Frank E. and Angela L. 23. Leonhardt, Curtis G. and Denise P. 12. Sanchez, Apolinar Z.

SEE MAP ON REVERSE

ATTACHMENT 4

c} 00 ~ (j

r- ,City of ~jJ New Braunfels "'- ,.

PZ11/07-1 Leonhardt SUP in R-2

1 inch equals 100 feet 0 200 Feet I I I I I I I I I

50 100

39

N

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, Scale .. - eo:<==--~

I C1'f"\ = 10 f!+

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!RECEIVED\ AUG 2 9 2007

BY:

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ATTACHMENT 5

139

ORDINANCE NO. 2008-

AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR LOT 10, NCB 4031, KNOWN AS 1153 LEE STREET, TO ALLOW THE EXISTING BUILDING TO BE UTILIZED AS A REAL ESTATE AND PROPERTY MANAGEMENT OFFICE IN AN "R-2 SINGLE AND TWO-FAMILY DISTRICT".

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

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

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

consideration to all components of said permit; and

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

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

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

providing compatibility and orderly development, which may be suitable only in certain locations in a zoning district

through the implementation of a site plan delineating those requirements cited in Sections 3.6-2 and 3.6-3, Chapter

144, of the New Braunfels Code of Ordinances; and

WHEREAS, the City Council desires to grant a "Special Use Permit" for Lot 10, Block 4031, located at 1153

Lee Street, to allow the existing building to be utilized as a real estate and property management office in an "R-2

Single & Two-Family District"; now therefore,


SECTION 1

THAT Sections 3.6-2 and 3.6-3, Chapter 144 of the New Braunfels Code of Ordinances and particularly the

Zoning Map of the City of New Braunfels, are revised by adding the following described tract of land as a "Special

Use Permit" for the uses and conditions herein described:

"Being Lot 10, Block 4031, located at 1153 Lee Street, to allow the existing building to be utilized as

a real estate and property management office in an "R-2 Single & Two-Family District";

SECTION 2

THAT the site plan attached as Exhibit "A" is herewith adopted as part of the Special Use Permit.

SECTION 3

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed

shall remain in full force and effect.

140

SECTION 4

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

they are in conflict.

SECTION 5

THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all

other parts of the same which are not held void or unconstitutional shall remain in full force and effect

SECTION 6



PASSED AND APPROVED: Second Reading this the 14th day of January, 2008.

ATTEST:



ALLAN WAYLAND, City Attorney

U:\Pianning\Ordinances\Special Use Permits\Leonhardt 1153 Lee SUP.ord.doc

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EXHIBIT "A"

142

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT, Discussion and Action -Schultz Group contract for Church Hill Improvements

m~;G!NATlNG DEPARTMENT Public Works- Engineering ?RESEi\lTER: Steven Ramsey

COUNCil DATE: December 10, 2007 AGENDA#:

AGENDA CAPTION: DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH THE SCHULTZ GROUP, INC. REGARDING THE CHURCH HILL IMPROVEMENT PROJECT.

RATiONALE: The City Council approved a contract with the Schultz Group, Inc. for Design Services related to the Church Hill Improvement Project on June 24, 2002. The scope of services in the contract did not include any services for the Construction Phase of the project. A scope for modified services has now been defined to include initial survey control, general project observation, bi-weekly construction meetings, materials testing, preparing change orders, review of contractor's performance and monthly draws, review for final acceptance of the project and plan of record drawings as detailed in Attachment A. The Schultz Group, Inc. has already been performing some of these services in anticipation that construction phase services would be approved. The City can not efficiently complete the construction without these Engineering Services which are typical for a construction project of this magnitude.

fiSCAL lMPACT: The additional cost for these modified services is $99,352.50 bringing the new contract total to $352,352.50, Funds to cover these costs are included in the Fiscal Year 2007/08 budget through the budget adjustments approved at council workshop on December 4, 2007.

BOARD RECOMMENDATlON; None.

STAfF RECOMMENDATION: Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in the professional services contract with the Schultz Group, Inc. regarding the Church Hill Improvement Project in the amount of $99,352.50 bringing the new contract total amount to $352,352.50 and establishing the total project budget at $4,523,664 as per Council action on December 4, 2007.

AttJehrn!&:nts, 3 pages

Ag·,mcta Item it~ --'-o"""ti~_G-=J~~--C x;nc:i Date: December 10, 2007

Fn~arce: --------

143

THE

BCRttlfg SJ-o~. P.O. BOX 310483 • NEW BRAUNFELS, TX 78131-0483 • Phone: (830) 606-3913 • Fax: (830) 625-2204

~ovember30,2007

:Mr. Steve Ramsey, P.E. Public Works Director Gty of ~ew Braunfels 424 S. Castell Avenue ~ew Braunfels, TX 78130

RE: Additional Engineering and Surveying Services for a Church Hill Watershed Phase I Construction (Amendment to current contract Dated June 2002)

Dear :Mr. Ramsey,

The Schultz Group Inc. (SGI) appreciates the opportunity to provide the requested additional services for the above referenced project. SGI understands that you are requesting additional services for initial survey control, general project observation, bi-weekly construction meetings, material testing, preparing change orders, review of Contractor's performance and monthly draws, review for final acceptance of the project, and Plan of Record Drawings.

SGI will provide the additional services on a time and material basis given the rates as attached (Exhibit N with the understanding that the total of all fees for additional services described herein will not exceed $99,352.50 without prior approval from the Gty. SGI will require the services of Terracon for geo-technical testing. Their fee is estimated to be $17,950.00 (Included in total of all fees) and is based on the assumption that testing will be performed as directed by the general contractor on an as needed basis. All water and sewer utility conflicts not previously uncovered during the design phase will be invoiced by SGI directly to New Braunfels Uilities.

Should you find the above satisfactory and are in agreement with the additional services, please execute on the next page and return one copy to our office so that we may continue our work on the project. If you have any questions, please feel free to call.

Sincerely,

The Schultz Group

1

CONSULTING ENGINEERS AND LAi\ID SURVEYORS

Omtract offered this 30th day of November 2007.

OWNER: Gtyof New Braunfels, Texas 424 S. Castell Avenue New Braunfels, Texas 78130

Michael Morrison, Gty :Manager

Date Signed:---------

Designated Representative: Steve Ramsey Public Works Director PH: (830) 221-4020 Fax: (830) 608-2109 E-mail: [email protected]

2

144

CONSULTANT: The Schultz Group Inc. P. 0. Box 310483 New Braunfels, Texas 78131-0483

Designated Representative: Michael G. Short Senior Project Engineer PH: (830) 606-3913 Fax: (830) 625-2204 E-mail: mshort@ schultzgroupinc.com

145

Exhibit A

THE SCHULTZ GROUP, INC.

Principal Senior Engineer Project Engineer

STATEMENT OF FEES EFFECTIVE 01101107

Registered Professional Land Surveyor Expert Witness (RPLS or PE) Graduate/Design Engineer (E.I.T.) Project Coordinator

CADD Technician I CADD Technician II CADD Technician III Civil Designer

GPS Coordinator Surveyor-in-Training (S.I.T.) Survey Technician Field Survey Crew ( l Person) Field Survey Crew (2 Person) Field Survey Crew (3 Person) Field Survey Crew ( 4 Person)

(Includes all survey equipment & data collectors)

Financial Abstractor Clerical

Photocopies

REPRODUCTION

Blueline/Blackline Prints ( 18x24 & 24x36) Deed/Copies

MISCELLANEOUS

GPS Equipment - Static RTK

Geo-Tech and Special Inspections

$150.00/hr. $140.00/hr. $125.00/hr. $120.00/hr. $200.00/hr. $ 85.00/hr. $105.00/hr.

$ 50.00/hr. $ 62.50/hr. $ 78.50/hr. $ 82.50/hr.

$ 75.00/hr. $ 75.00/hr. $ 70.00/hr. $ 77.50/hr. $ 97.50/hr. $125.00/hr. $142.00/hr.

$ 57.50/hr. $ 57.50/hr. $ 40.00/hr.

$ 0.1 0/per sheet $ 2.00/per sheet $ 1.00/per sheet

$ 20.00/per unit/per hour $ 30.00/per unit/per hour $ Cost plus 15%

146

COUNCIL AGENDA ITEM

SUBJECT N!A TTERiPROJECT: Discussion and Action - Klotz Associates contract for Walnut Ave Extension

ORlG1NATlNG DEPARTMEi\!T: Public Works- Engineering ?RESENTER: Steven Ramsey

COUNClL DATE: December 10, 2007 AGENDA#: S# AGENDA CAPT10N: DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH KLOTZ ASSOCIATES, INC. REGARDING THE WALNUT AVENUE EXTENSION PROJECT.

RAT10NALE: The City Council approved a contract with the Klotz Associates for Engineering & Design Services related to the Walnut Avenue Extension Project on October, 2006. The fees authorized by the city include $403,000 for the original professional services with $46,500 approved for an additional right-of-way allowance on July 22, 2007 and $26,500 for a June 6, 2007 modification to include traffic signal design services.

Klotz Associates presented the findings of a Preliminary Engineering Report (PER) for the project to the City Council on May 15, 2007. Four alignment alternatives and six typical roadway sections were evaluated and presented to the City Council. The City Council members considered the findings in the PER at the meeting and instructed the City staff to proceed with a new alternative that will provide four travel lanes with a center raised median. From County Line Road to Jerad Street, bicycle lanes and sidewalks are provided within the existing 80 foot wide ROW. From Jerad Street to Klein Road, a northbound sidewalk and a southbound multi-use bicycle path are provided within a 90 foot wide ROW.

To accommodate the design alternative selected it is necessary to modify the contract to include design services for: additional project alternative analysis, additional alternatives analysis for downstream drainage, preparation of an additional cost opinion, Klein Road Improvements at the Walnut Avenue intersection, bike lane modification, warrant studies for Klein Road, Jerad Street and Settlers Crossing, irrigation system for medians, magnitude of project increase, downstream drainage channel design, New Braunfels lSD drainage channel design and miscellaneous surveying as described in Attachment A. Services for materials testing and a construction phase representative will be requested upon authorization to award a construction contract.

FlSCAL IMPACT: The additional cost for these modified services is $477,117 bringing the new contract total to $953,117. Funds to cover these costs are included in the Fiscal Year 2007/08 budget through the budget adjustments approved at council workshop on December 4, 2007.

SOARD RECOMMENDA TlOl\.i: None.

STAFF RECOMMENDATION: Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in the professional services contract with Klotz Associates regarding the Walnut Avenue Extension Project in the amount of $4 77, 117 bringing the new contract total amount to $953, 117 and establishing the total project budget at $9,062,500 as per Council action on December 4, 2007.

~ger:da !tam#: __ ~:::::-~"--#L.......C __ _

At':3chments: --=--9 .~:..:Pa::.;zg.::.:es=------ C::.uncd Date: December 10, 2007

December 5, 2007

Me Steve Ramsey, PE, RPLS Director of Public Works City of New Braunfels 424 South Castell A venue New Braunfels, Texas 78130

147

k I o t z 4~- a s s o c i a t e s 7550 IH-10 West

Northwest Center, Suite 300

San Antonio, Texas 78229

T 210.736.0425 F 210.736.0405

RE: Engineering and Design Services for the Walnut Street Extension Request for Additional Services

Dear Mr. Ramsey:

Klotz Associates Inc. is pleased to be assisting the City of New Braunfels with engineering and design services to extend Walnut Avenue from County Line Road to Klein Road. The Scope of work for Klotz Associates is presented in the Professional Services Agreement (PSA) signed on October 13,2006 (Attachment A) and amended on July 22, 2007 by a Modification of Contract (Attachment B).

ln addition, the City authorized Klotz Associates by an Agreement dated June 6, 2007, to prepare plans and specifications for a traffic signal at the comer of County Line Road and Walnut Avenue and to present alternatives for a bike lane (Attachment C). The traffic signal plans and specifications will be included in the construction plans for the Walnut Avenue Extension Project. The bike lane alternatives were presented to the City as part of the Preliminary Engineering Report (PER) and the City has selected its preferred bike lane configuration and routing.

The fees authorized by the City include $403,500.00 for the October 13, 2006 PSA, $46,500.00 for the July 22, 2007 Modification and $26,500.00 for June 6, 2007 Traffic Signal Design Services.

Klotz Associates presented the findings of the PER for the project to the New Braunfels City Council on May t 5, 2007. Four alignment alternatives and six typical roadway sections were evaluated and presented to the City Council.

The alignment alternatives varied to assist in minimizing the need for right-of-way (ROW) acquisition and to assist in meeting safety and mobility requirements. The City Council was presented with six alternatives for various combinations of driving, pedestrian and bike lanes.

The PER prepared by Klotz Associates identified an alternative consisting of two driving lanes (one in each direction) without sidewalks, with two four-foot wide bike lanes, and with open drainage ditches on each side of the roadway. This alternative could meet the $3.5 million dollar construction budget established at the start of the project. Klotz Associates recommended this alternative for construction to meet this budget constraint. Klotz Associates indicated that this section could be expanded to a full five lane section in the future when funds arc available.

Mr. Steve Ramsey, PE, RPLS Request for Additional Services December 5, 2007 Page 2 of9

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k I o t z 4~~ a s s o c i a t e s

Because of the mobility impacts of this road extension and heightened concern for pedestrian safety near neighborhoods and schools, additional alternatives were presented in the PER that would meet the level of service desired for the project. The desired project was four 12-foot wide travel lanes and a continuous left tum lane, bicycle lanes, sidewalks and storm drains. The estimated construction cost of the desired alternative was estimated as approximately $5.4 million.

The New Braunfels City Council Members considered the findings in the PER at the May 15,2007 meeting and instructed the City staffto proceed with a new alternative that will provide four travel lanes with a center raised median. From County Line Road to Jared Street, bicycle lanes and sidewalks are to be provided within the existing 80-foot wide ROW. From Jared Street to Klein Road, a northbound sidewalk and a southbound multi-use bicycle path is to be constructed within a 90-foot wide ROW. City staff has since directed Klotz Associates to proceed with this alternative.

Klotz Associates has coordinated closely with City staff as design work has proceeded. During this coordination process, several work items that are additional to the original scope of work have been identified and City staffhas requested that Klotz Associates proceed with the additional work. Completion of the additional work items will result in an improved project, assist in obtaining ROW for the project and address some regional drainage issues.

As the project has progressed, the City has experienced staff changes that have resulted in Klotz Associates receiving new or modified instructions on how to proceed with the project. A significant amount of time has been expended to reevaluate road alignment and drainage options for the project. Klotz Associates has been more than willing to assist the City with these activities but they have consumed time and budget that was not anticipated at the start of the project.

For the above reasons, Klotz Associates is requesting that the City of New Braunfels authorize additional services for the project. The additional service requests are listed in the following paragraphs. Detailed budgets for each item are attached.

ADDITIONAL SERVICES ITEMS

A. Additional Project Alternatives Analysis Klotz Associates prepared four aligrunent alternatives and six typical roadway sections as part of the analyses to prepare the PER. Based on a review of the PER results by the City Council, a new alternative was generated and selected for implementation by the City.

Completion of the numerous alternative alignments and alternative typical sections was beyond the level of effort budgeted during contract negotiations. Thus, we are requesting that the City modify the contract amount to reflect the level of effort requested by the City. In addition, the new alternative selected for


149

k I o t z ~~~ a s s o c i a t e s

implementation generated additional work effort to update the plan, profile and typical section drawings.

Attachment D contains a budget breakdown for the additional project alternatives analysis. Klotz Associates, Inc. is requesting a contract amount increase of $19,944 for this work. The deliverable for this work has been provided in the PER and the new typical sections, alignment and profile have been provided to the City for review and approval. Payment for this item will be on a lump sum basis.

B. Additional Project Alternatives Analyses for Upstream and Downstream Drainage Issues To assist the City with making final decisions regarding the road alignment and drainage features, Klotz Associates prepared revised preliminary alignments and drainage analyses to assist the City as it selected its alignment and revised drainage plan for areas outside of the project ROW line.

Completion of these alternative alignments and drainage plans that differed from the previous direction from the City was an additional service not included in the project budget. In addition, Klotz Associates will be required to reinitiate engineering for some project features.

Thus, we are requesting that the City modify the contract amount to reflect the effort associated with the alternatives analyses for the upstream and downstream drainage issues outside of the project ROW lines.

Attachment E contains a budget breakdown for the additional project alternatives analysis. Klotz Associates, Inc. is requesting a contract amount increase of $89,312 for this work. The deliverable for this work has been provided in the PER and the new typical sections, alignment and profile have been provided to the City for review and approval. Payment for this item will be on a lump sum basis.

C. Prepare Opinion of Probable Construction Cost (OPCC) for Selected Alternative Klotz Associates will prepare an updated OPCC for the current alternative selected for the project. The OPCC will reflect the cost elements included in the Walnut Avenue project at the time the cost estimate is prepared. There may be other features added to the project as requested by the City.

Attachment F contains a budget breakdown for the OPCC for the selected alternative. Klotz Associates, Inc. is requesting a contract amount increase of $6,395 for this work. The deliverable for this work is three copies of a letter report presenting the OPCC for the selected alternative. Payment for this item will be on a lump sum basis.

D. Klein Road Improvements at Walnut Road Intersection


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k I o t z ~~· a s s o c i a t e s

The extension of Walnut Avenue to Klein Road will increase traffic on Klein Road. A new traffic conflict will be created at this intersection. The City has requested that plans, specifications and estimates (PS&E) be prepared for construction of an eastbound left tum lane from Klein Road to Walnut Avenue. The left turn lane will be created by widening Klein Road.

Klotz Associates will prepare PS&E for construction of a left tum lane from Klein Road onto Walnut Avenue. Efforts will be made to contain the work within the existing ROW. Roadside drainage and cross drainage structures will be impacted and require modification. Appropriate storage bays, tapers, and acceleration and deceleration lanes will be included. Signage and striping plans will be prepared.

A traffic control warrant study will be prepared to determine the appropriate traffic controls at the intersection. Klotz Associates will use existing traffic counts on Klein Road and the Traffic Impact Analyses (TIA) prepared by the New Braunfels Independent School District (NBISD) for their new facilities at the comer of Walnut A venue and Klein Road as the source of data for the traffic control warrant study. Design of a traffic signal at this intersection is not included in this task.

Klotz Associates will prepare a schematic of the proposed intersection and present it in a letter report for approval by the City. Once the City has approved the intersection layout, Klotz Associates will prepare the PS&E for the Klein Road improvements and include them in the project PS&E. This work does not include right-of-way acquisition or designs to resolve utility conflicts.

Attachment G contains a budget breakdown for the Klein Road Improvements. Klotz Associates, Inc. is requesting a contract amount increase of $50,000 to cover this cost. The deliverable for the traffic control warrant study will be three copies of a letter report. The deliverable for the Klein Road Improvements will be the PS&E integrated with the Walnut Avenue Extension PS&E. Payment for this item will be on a lump sum basis.

E. Bike Lane PS&E In accordance with the June 6, 2007 Agreement between the City and Klotz Associates, we are presenting our proposal for additional services to prepare PS&E for the bike lane alternative selected by the City.

Klotz Associates will prepare PS&E for construction of the bike lanes along Walnut A venue from County Line Road to Klein Road using the configuration and surface routing selected by the City Council in the May 15, 2007 meeting. Signage and striping plans will be prepared. The bike lane plans will be integrated with the road construction PS&E. This work does not include right-ofway acquisition or designs to resolve utility conflicts.


151

k I o t z -~· a s s o c i a t e s

Attachment H contains a budget breakdown for the Bike Lane PS&E. Klotz Associates, Inc. is requesting a contract amount increase of $14,17 4 to cover this cost. The deliverable for the Bike Lane PS&E will be the Bike Lane PS&E integrated with the Walnut Avenue Extension PS&E. Payment for this item will be on a lump sum basis. ·

F. Warrant Study for Multi-Way Stop Sign The City has requested that stop signs be placed at intersections along the Walnut Avenue extension from County Line Road to Klein Road. Some of these intersections will be multi-way stops that require warrant studies.

Klotz Associates will prepare warrant studies for each intersection along the Walnut Road extension that is proposed as a multi-way stop. We will analyze traffic data based on existing and proposed conditions. Klotz Associates will obtain traffic data, existing and proposed development information and proposed roadway improvements. The City will provide a full copy of the TIA for the proposed NBISD schools.

Klotz Associates will use the data collected to distribute the existing and proposed traffic through the proposed roadway improvements. This will include generating trips from existing and proposed developments. These trips will then be distributed through the existing and proposed roadway system.

Klotz Associates will compare the predicted traffic to the requirements set in the Texas Manual of Uniform Traffic Control Devices (TMUTCD) for multi-way stop applications. The analyses will also consider additional options for providing a multi-way stop, such as, controlling left tum conflicts and controlling pedestrian/vehicle conflicts in a high pedestrian area.

Attachment I contains a budget breakdown for one warrant study for a multi-way stop. Klotz Associates, Inc. is requesting a contract amount increase of $3,187 for each multi-way stop sign warrant study. For purposes of this proposal, three warrant studies are budgeted for a total of$9,561. The deliverable for the each multi-way stop sign warrant study will be three copies of a letter report. Payment for this item will be on a lump sum basis.

G. Illumination PS&E Along Walnut Avenue Extension The City has elected to use the utility providers for design and installation of street lighting (comer lighting and along route). Klotz Associates will not provide these services and will not include the construction of these facilities in the construction plan set.

H. Irrigation System PS&E for Vegetated Medians Along Walnut Avenue Extension


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k I o t z 4~- a s s o c i a t e s

The City has requested that the Walnut A venue extension include vegetated medians. To assist in enhancing the appearance of the vegetated medians, an automated sprinkler irrigation system is proposed for the median.

Klotz Associates will prepare PS&E for construction of an automated irrigation system for the medians ofthe Walnut Avenue extension from County Line Road to Klein Road. The irrigation system will be designed for automated sprinkler irrigation of grass. If the City requests, landscaping plans and detailed irrigation system plans can be prepared for shrubs, trees and decorative beds as an additional service.

Klotz Associates will prepare a schematic of the proposed irrigation system and present it in a letter report for approval by the City. Once the City has approved the irrigation system layout, Klotz Associates will prepare the PS&E for the irrigation system in the median ofthe Walnut A venue extension. This work does not include right~of-way acquisition or designs to resolve utility conflicts.

Attachment J contains a budget breakdown for the irrigation system PS&E for the median of the Walnut A venue extension. Klotz Associates, Inc. is requesting a contract amount increase of$23,479 to cover this cost. The deliverable for the irrigation system PS&E in the median of the Walnut Avenue extension is the irrigation system PS&E integrated with the Walnut Avenue Extension PS&E. Payment for this item will be on a lump sum basis.

I. Project Magnitude and Level of Effort Increase The Walnut Avenue extension project was scoped and the engineering fees calculated based on a $3.5 million budget for construction. The magnitude of and budget for the project has increased significantly. Klotz Associates is requesting a fee adjustment to reflect the increased level of effort required for the project.

Attachment K contains a budget breakdown for the level of effort increase to prepare PS&E for the larger project Klotz Associates, Inc. is requesting a contract amount increase of $112,288 to cover this cost. The deliverable for this item is the Walnut Avenue PS&E for the project as currently scoped and for the alternatives selected by the City. Payment for this item will be on a lump sum basis.

J. Downstream Drainage Channel (Proiect Station 65+40) The PSA for Klotz Associates includes tasks for hydrology, hydraulics and preparing designs for cross drainage structures conveying stormwater across the Walnut A venue extension and for storm sewers to collect and dispose of stormwater originating in the street.


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As design of the project has progressed, the impacts on the project of inadequate downstream drainage conditions have become apparent. In addition, The City has been negotiating with landowners to secure ROW for construction of the project.

The City has requested that Klotz Associates prepare designs and PS&E for construction of a drainage channel downstream of the Walnut Avenue Extension at approximate project station 65+40.

The drainage channel in this item is that channel from the outlet of the drainage way under Walnut Avenue at approximate project station 65+40 downstream approximately 1000 feet to an existing concrete grade control structure.

Attachment L contains a budget breakdown for the Downstream Drainage Channel. Klotz Associates, Inc. is requesting a contract amount increase of $76,213 to cover this cost. The deliverable for this item is the PS&E for the channel integrated with the Walnut Avenue Extension PS&E. Payment for this item will be on a lump sum basis.

K. New Braunfels lSD Tract Drainage Channel The PSA for Klotz Associates includes tasks for hydrology, hydraulics and preparing designs for cross drainage structures conveying stormwater across the Walnut Avenue extension and for storm sewers to collect and dispose of stormwater originating in the street.

As design of the project has progressed, the impacts on the project of inadequate downstream drainage conditions have become apparent. In addition, The City has been negotiating with landowners to secure ROW for construction of the project.

The City has requested that Klotz Associates prepare designs and PS&E for construction of a drainage channel on the New Braunfels lSD Tract upstream of Walnut Avenue.

The drainage channel in this item is that channel adjacent to Walnut Avenue starting at the northernmost end of the New Braunfels lSD Tract and extending parallel to Walnut Avenue until the drainage way under Walnut Avenue at approximate project station 65+40 is reached.

Attachment M contains a budget breakdown for the New Braunfels lSD Tract Drainage Channel. Klotz Associates, Inc. is requesting a contract amount increase of$60,751 to cover this cost. The deliverable for this item is the PS&E for the channel integrated with the Walnut Avenue Extension PS&E. Payment for this item will be on a lump sum basis.

L. Contingency Item for Subsurface Utility Exploration (SUE)


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There are existing utility lines and storm sewers along the alignment of the proposed Walnut Avenue improvements and associated channels. Some plans and specifications are available for these utilities but there is concern regarding their accuracy. Klotz Associates recommends that a contingency item be established for use in carrying out in-the-field SUE to more accurately locate existing utilities.

The City ofNew Braunfels has directed Klotz Associates to proceed with design and construction of the project using the data available from the existing plans and to forego any SUE. Klotz Associates will use the existing data to estimate the location and elevation of existing utilities. Klotz Associates is not responsible for damage to known and unknown utilities, cost for relocation, cost of contractor delays or any other cost whatsoever incurred because of exiting utilities.

M. Contingency Item for Miscellaneous Surveys As the project has progressed, there have been numerous requests by the City for Klotz Associates to collect spot elevation information or other survey data to assist the City with decisions regarding the project. These items are not in the approved Klotz Associates budget.

We are requesting that a Contingency Item of$15,000 be established for this purpose. Klotz will present the City with a request to use portions of the fund as the need is identified. Klotz Associates will complete the work once each request is approved by the City. Once a portion of the fund has been approved, payment for the approved portion will be on lump sum basis.

N. Construction Phase Representative Klotz Associates will provide one construction phase representative (CPR) to assist the City with monitoring of the project during construction. The CPR will be present when meaningful work is in progress, monitor the progress of the work and generally observe prosecution of the work on behalf of the City. The CPR will call for materials testing and accept materials certifications in accordance with standard industry practices. Materials sampling and testing will be by others and be paid for by the City or Contractor.

The CPR will maintain a daily log, host weekly and monthly project progress meetings, report the results of testing, and serve as a representative for the contractor to request information and request changes. The CPR will not issue stop work orders. The CPR will inform the City that a stop work order is required and the City will issue the stop work order. The CPR will not provide surveys or staking.

The CPR will review pay requests and forward them to the City for processing and payment. The CPR will notify the City regarding issues needing resolution by the City. The CPR will assist with substantial and final completion reviews and the project closeout.


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Klotz Associates will provide the CPR at a rate of $625 per day for each day that the CPR works on the project. For budgeting purposes, it is anticipated that the project work will be six days a week for 40 weeks for a total of$150,000. Payment for this item will be at the daily rate for any full or partial day when the CPR is on the job.

In addition, the City will establish a materials sampling and testing fund of $50,000 from which payments will be made for materials sampling and testing by third party materials testing and sampling firms. The number, location and times of the tests will be determined by Klotz Associates in accordance with standard engineering practice for projects of this nature and locality. Payments from the fund will be on an as-incurred basis plus a 15 percent management and coordination charge by Klotz Associates. If the project is completed without using the entire fund, the remaining unused balance will be returned to the City. If additional funds are need to complete the work, the City will provide the funds or testing will be suspended.

The City has requested that the plans, specifications and bid documents be completed and available for use in construction bid advertisement not later than February 1, 2008. In addition, the City has directed Klotz Associates to prepare the plans specifications and bid documents to require the completion by the construction contractor of the portion of the Walnut Road Extension Project from Klein Road to a point 300 linear feet past the drainage structure at Project Station 65+40 not later than August 15, 2007.

Klotz Associates will complete the tasks described herein in accordance with the term and conditions of the original contract.

We look forward to working with you on this project. Please contact us if you have any questions.

Sincerely,

~h~so~· Services are authorized in accordance with the terms and conditions of the original contract between the City ofNew Braunfels and Klotz Associates, Inc.

Authorized By: _______________ Date: ______ _

156

COUNCIL AGENDA ITEM

SUBJECT MATT'CR/P~OJECT:

Discussion and Action - Klotz Associates contract for Gruene Road Hike/Bike Lane

OR!Gll\lA'!iNG DEPARTMENT Public Works- Engineering ;::lRESENTER: Steven Ramsey

COUNCiL DATE: December 10, 2007 AGENOA #: SI AGENDA CAPTiON: DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH KLOTZ ASSOCIATES REGARDING THE GRUENE ROAD HIKE/BIKE LANE PROJECT.

RATlO.NALE: The City Council approved a contract with Klotz Associates for Design Services related to the Gruene Road Hike/Bike Lanes on June 23, 2003 and additional services for design and construction documents on February 27, 2006. This project is being supported by a Texas Department of Transportation (TxDOT) grant that requires a 20% local match. To meet TxDOT requirements it is now necessary to modify the contract to include the following services: additional design surveying including topographic/features survey along three roadways and survey of "One Call" markings and additional engineering design including exhibits for Union Pacific right-of-way crossing, utility plan sheets and additional meetings to gain Union Pacific approval as proposed in Attachment A.

FlSCAL IMPACT: The additional cost for these modified services will be up to $185,600 bringing the new contract total to $398,576. Funds to cover these costs are included in the Fiscal Year 2007/08 budget through the budget adjustments approved at council workshop on December 4, 2007.

SOARD RECOMMENDATION: None.

STAFF RECOMMENDATION: Staff recommends City Council to authorize the City Manager to enter into a contract modification for changes in the professional services contract with the Klotz Associates regarding the Gruene Road Hike/Bike Lane Project in the amount of up to $185,600 bringing the new contract total amount to $398,576 and establishing the total project budget at $1,244,233 as per Council action on December 4, 2007.

.il.tt3chrnents: _..:....3 .c:...;pa""'g"'-es'------ C :nmc1i Oat~: December 10, 2007

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December 4, 2007

Ms. Priscilla Satarain City ofNew Braunfels 424 S. Castell A venue New Braunfels, Texas 78131

Re: Gruene Road Bike Lane Project Request for Supplemental Authorization - REVISED Klotz Associates Project No. 0514.002

Dear Priscilla:

901 South MoPac Expressway

Building V, Suite 220

Austin, Texas 78746

T 512.328.5771 f 512.328.5774

austin .office@klotz .com

Based upon 60% review comments from TxDOT San Antonio District on the Gruene Road Bike Lane Project, we are requesting supplemental authorization to complete engineering work on the project. Proposed fees for this effort are summarized in Attachment A.

1. Design Survey - In order to control costs, our original scope included very limited field survey. Because of concurrent work on Post Road related to the Churchill Drainage Project (by others) we originally anticipated that the field survey for that project could be utilized for the Gruene Road Bike Lane Project. However, the Churchill survey did not adequate for this purpose. In addition, our original scope included very limited utility survey and coordination, and did not include effort to survey "One-Call" field markings prior to bidding (see copies of Preliminary Phase and Design Phase scopes included as Attachment B). When we originally scoped this work, we felt that since "One-Call" markings are often inaccurate and since survey of "One Call" markings is a costly undertaking, it would not be cost effective for this project, or provide any better information than just providing the utility company maps. In addition, our excavation is very shallow (1 foot), and not anticipated to have significant impacts on existing utilities. Finally, we had not originally anticipated a need for full topographic survey along much of the route, due to the minimal impacts of construction. Additional survey (by surveyor subconsultant) includes:

a. Topographic/features survey along Churchill b. Topographic/features survey along the north side of Old Austin/Old Nacogdoches Road c. Topographic/features survey along the east Side of Post Road d. Survey of"One Call" markings for the entire route

2. Engineering Design- Several items have been requested by TxDOT that were not included in our original scope, including:

a. Producing exhibits for the San Antonio TxDOT District Office to gain approval of the bike lane crossings in the Union Pacific Right-of-Way.

b. Producing utility plan sheets (estimated 12 sheets impacted) for the bid set per TxDOT request.

c. Additional meetings and coordination time beyond what was originally anticipated related to obtaining Union Pacific approvals, and revisiting various issues due to staff

Ms. Priscilla Satarain December 4, 2007 Page 2 of 2

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changes at the TxDOT San Antonio District and due to delays related to TxDOT and UP approval times.

3. Engineering Construction Phase- The City ofNew Braunfels has requested additional engineering support during the Construction Phase, to include:

a. Coordinate and preside over a pre-construction meeting between Contractor, City staff, and Texas Department of Transportation, and utility representatives.

b. Provide consultation, advice, and technical assistance during construction and rendering those decisions requiring interpretation of the Plans and Specifications.

c. Coordinate with City staff and the Contractor up to twelve (12) meetings on the construction status of the project and prepare and issue meeting minutes.

d. Prepare change orders and make recommendations as to the acceptability of the work. e. Review shop and erection drawings submitted by the Contractor for compliance with

design concepts. f. Prepare sketches required to solve problems due to actual field conditions encountered. g. Prepare record/as-built drawings from information submitted by the Contractor.

4. Survey for Construction Staking (by surveyor subconsultant)

5. Field survey of as-constructed conditions (by surveyor subconsultant)

6. Contingency - We have included a contingency of 1 0% to cover unanticipated work effort. The City ofNew Braunfels must approve any usage of this contingency.

As a result of these activities, we are requesting a supplemental authorization of $185,600.00. Please note that the vast majority of this (over $130,000.00) is additional survey requested by TxDOT, plus the related contingency. Since this is significant, we recommend that you consider one additional meeting with TxDOT on site to walk the route and possible eliminate some of their requested survey work that does not truly add value to the project. A breakdown of the requested fee is attached. We believe that this authorization will take us through the conclusion of this project. We appreciate your review of this request. If you should have any questions in your review of this information, please contact me at 512-328-5771.

Sincerely,

-~ Scott Dukette, P.E. Vice President

SD:ng

Attachment

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k I o t z 4~· a 5 5 o c i a t e 5

ATTACHMENT A

Summary of Additional Services Requests

I. Design Survey (sub) a. Topo/Featmes Churchill Rd b. Topo/Features Old Austin/Nacogdoches (North side) c. Topo/Features Post Rd (East side) d. Survey "One-Call" Markings

2. Engineering Design 3. Engineering Construction Phase 4. Survey for Construction Staking (sub) 5. Field Survey of As-Constructed Conditions 6. Contingency (10%)

TOTAL

Amount

$ 13,200.00 $ 7,000.00 $ 18,100.00 $ 43,900.00 $ 17,300.00 $ 27,900.00 $ 9,300.00 $ 31,600.00 $ 17,300.00 $185,600.00

160

COUNCIL AGENDA ITEM

SUBJECT MATT2RffH~OJECT:

Discussion and Action - Halff Associates contract for the South Tributary

ORlGlNAT!NG DEPARTMENT: Public Works- Engineering PRESENTER Steven Ramsey

COUNCll DATE December 10, 2007 .AGENDA#:

AGENDA CA.PT!ON: DISCUSS AND CONSIDER AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO A CONTRACT MODIFICATION FOR CHANGES IN THE PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES REGARDING THE SOUTH TRIBUTARY REGIONAL FLOOD CONTROL PROJECT.

RATlONALE: The City Council approved a contract with the Halff Associates for Design Services related to the South Tributary Regional Flood Control Project on March 28, 2005 and additional funding for a revision to scope on February 27, 2006.

On April 26, 2006, Halff Associates requested consideration for additional right-of-way and design services. Also due to anticipated escalation in land value, Halff Associates has suggested the project limits of the South Tributary Regional Flood Control Project be adjusted to relocate the detention pond from upstream of County Line Road to downstream as presented in a council workshop on December 3, 2007. With this change it is estimated the overall project cost will go up by $1,070,800 as oppose to $3,665,500 if the detention pond were left in its current location.

With the relocation additional engineering design is necessary. It is recommended that Halff Associates design fee be increased by $138,700 for a new total contract amount of $1,001,100. This increase will cover additional services including: right-of-way surveying, design for FM 725 culverts, detention pond relocation and drainage improvements for the Walnut Heights Subdivision with the cost for these services detailed in Attachment A.

fJSCAL IMPACT: The additional cost for these modified services is $138,700 bringing the new contract total to $1,001,100. Funds to cover these costs are included in the Fiscal Year 2007/08 budget through the budget adjustments approved at council workshop on December 4, 2007.

BOARD RECOMMENOATlON: None.

STAFf RECOMMENDA T!ON: Staff recommends City Council authorize the City Manager to enter into a contract modification for changes in professional services with Klotz Associates regarding the South Tributary Regional Flood Control Project in the amount of $138,700 bringing the new contract total amount to $1,001,100 and the scope of the project be changed to relocate the detention pond from upstream of County Line Road to downstream and establishing the total project budget at $10,228,500 as per Council action on December 4, 2007.

Ag.mda !tam if.: 5 .:J -------Attachments· _2:::...Jp""a""'ge=s __ _ ;::: Jund Dace: December 10, 2007

161

South Tributary Flood Control Projects Request for Additional Scope of Services and Budget

4/26/2007

We are requesting are requesting additional budget to perform the following services:

Right-of~Way Easement Acquisition-The current project design characteristics required for additional surveys and services to be conducted (location of some of the impacted properties changed, other easements to consider, etc.). To conduct these services, we are requesting $35,000.

Design Services -Additional preliminary and final design services will be required the preparation of construction documents for the FM 725 culverts including additional drawings and coordination with TxDOT. In addition, we have spent more time in coordinating project designs with various utility companies. To conduct these services we are requesting $45,000.

TABLE 2 SOUTH TRIBUTARY FLOOD CONTROL PROJECT PROFESSIONAL SERVICES BUDGET

,DESIGN PHASE

Original April26 Reflects

I Task Task Description Requested Additional Budget

Budget Cost for ROW

1 Project Coordination $14,700 $0 $0 2 Topographic Surveys $56,200 $0 $0 3 Geotechnical Investigation $43,700 $0 $0 4 Right-of-Way Acquisition $90,900 $35,000 $35,000 5 Permitting $52,000 $0 $0 6 Utility Coordination $4,700 $0 $0 7 Preliminary. Design $157,900 $0 $0 8 Design Models $9,900 $0 $0 9 Final Design $46,400 $45,000 $45;ooo 13 Multi-use Facilities $40,300 $0 $0

DESIGN SUBTOTAL=> $516,700 $80,000 $80,000

CONSTRUCTION CHANNEL MODIFICATIONS

10 Bidding or Negotiating Phase $6,000 $0 $0 11 Construction Phase $63,700 $0 $0 12 CLOMR $31,400 $0 $0

CHANNEL MODIFICATIONS CONSTRUCTION PHASE SUBTOTAL=> $101,100 $0 $0

STORMWATER DETENTION POND 10 Bidding or Negotiating Phase $3,600 $0 $0 11 Construction Phase $42,900 $0 $0 12 LOMR $14,500 $0 $0

DETENTION POND CONSTRUCTION PHASE SUBTOTAL=> $61,000 $0 $0

CONSTRUCTION SUBTOTAL=> $162,100 $0 $0

DESIGN AND CONSTRUCTION SERVICES TOTAL $678,800 $80,000 $80,000

ESTIMATED CONSTRUCTION COST $7,688,500 $7,688,500 $7,688,500 COST FOR RIGHT-OF-WAY $603,900 $603,900 $4,214,400 TOTAL COST (Engineering, Construction & ROW) $8,971,200 $9,051,200 $12,661,700

Detention Alternative

Budget

$0 $5,000 $12,500 $10,000

$0 $0 $0

$1,000 $28,500

$0 $57,000

$0 $0

$1,500 $1,500

$0 $0 $0 $0

$1,500

$58,500

$6,600,000 $2,563,300 $9,980,600

Budget difference between alternative and original $80,000 $3,690,500 $1,009,400 Note: Revised construction cost reflects relocating the stormwater detention pond based Qn preliminary analysis results

Walnut Heights

Local Drainage Budget

$0 $500

$0 $0 $0

$400 $400

$0 $400

$0 $1,700

$0 $0 $0 $0

$0 $0 $0 $0

$0

$1,700

11/27/2007

Total Budget

$14,700 $61,700 $56,200

$135,900 $52,000 $5,100

$158,300 $10,900

$120,300 $40,300 $655,400

$6,000 $63,700 $32,900

$102,600

$3,600 $42,900 $14,500 $61,000

$163,600

$819,000

$6,600,000 $2,563,300 $9,982,300 $1,011,100

~ m N

163

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: Agreement with TXDOT for Loop 46 Right-of-Way Purchase

ORIGINATING DEPARTMENT: Finance PRESENTER: Deborah Korinchock

COUNCIL DATE: December 10, 2007 AGENDA#: SJ< •

AGENDA CAPTION: APPROVAL OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY'S CONTRIBUTION TO THE PURCHASE OF RIGHT-OF-WAY FOR THE LOOP 46 IMPROVEMENT PROJECT

RATIONALE: The attached agreement with the Texas Department of Transportation (TXDOT) provides for the City to pay ten percent of the total cost of the right-of-way acquisition needed for the Loop 46 improvements being completed by TXDOT. The total cost to the City is $530,000 and the City will pay it in three installments over a three year period. Should the City's share of the actual cost exceed $530,000, the City will need to fund and pay for the additional amount. The agreement also stipulates that the City will receive credit for any property that the City acquires and donates to the project.

Staff recommends approval of the agreement.

FISCAL IMPACT: This agreement calls for the City to contribute $530,000 to the total cost of right-of-way for the project. This cost is funded in the FY 2007-08 Adopted Budget in the 2007 Certificates of Obligation Fund. $494,000 was originally budgeted for this project. The additional funds for this cost can be re-prioritized from other projects funded from the proceeds of this debt issuance. The agreement calls for the City to pay $176,700 annually for each of three fiscal years.

STAFF RECOMMENDATION: Approval of the attached agreement with the Texas Department of Transportation for City's contribution to the purchase of right-of-way for the Loop 46 project.

A=~n Form ROW-RM-IP Replaces Form ROW-RM-140 and ROW-RM-141 (Rev. 6/2006) GSD-EPC Page I of3

164

AGREEMENTTOCONTRmUTEFL~~S-LOCALGOVERNMENT (Incremental Payment-Donated Property)

County: Comal District: San Antonio

Federal Project No: N/ A Highway: SH 46

ROW CSJ No: 0215-02-050, 0215-02-051

This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and City of New Braunfels, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of , 2007, hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State.

WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way and adjust utilities for a highway project on Highway No. SH 46 with the following project limits:

From: 0.25 Miles West of Range Road to Kerlick Lane and

To: 0.60 Miles West ofR.M. 2722 to 0.73 Miles East ofR.M. 2722

WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for said highway project; and

WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 T AC, § 15.55 for the cost of acquiring said right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; and

WHEREAS, the Local Government requested approval for incremental payments of its funding obligation pursuant to 43 TAC, § 15.52, and the Executive Director has approved such request;

NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent ( 10%) of the cost of the right of way to be acquired by the State and shall transmit to the State in incremental payments the total amount FIVE HUNDRED THIRTY THOUSAND AND N0/100 ($530,000.00), representing ten percent (10%) of FIVE MILLION THREE HUNDRED THOUSAND AND N0/100 Dollars ($5,300,000.00 ), the estimated total cost of the right of way, in accordance with the following schedule:

One hundred seventy six thousand seven hundred dollars($ 176,700) on or before January 10,2008

One hundred seventy six thousand seven hundred dollars($ 176,700) on or before January 10,2009

One hundred seventy six thousand six hundred dollars($ 176,600) on or before January 10, 2010

This monetary payment is subject to reduction based on the value of the Local Government's real property donations, if any.

If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or adjustment of eligible utilities.

Fonn ROW-RM-IP (Rev. 6/2006) Page 2 of3

165

Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State, or upon written request of the Local Government, the excess amount may be applied to other State highway projects in which the Local Government is participating, either alternative being subject to donation limitations as described below.

In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to , plats or replats, results in any increased cost to the State, then the Local Government will pay one hundred percent (I 00%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive will be determined by the State at its sole discretion.

Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas Department of Transportation, Right of Way Division. The cost of appraisal will be the responsibility ofthe State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money.

The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHW A) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

Fonn ROW-RM-IP (Rev. 6/2006) Page 3 of3

THE LOCAL GOVERNMENT


166

By: ________________________________ __

Title:-------------------

Date: _________ _

EXECUTION RECOMMENDED:

TEXAS DEPARTMENT OF TRANSPORTATION

District Engineer, San Antonio District

THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission.

By: __________________________ __

John P. Campbell, P.E. Right of Way Division Director

Date: _______________ _

167

COUNCIL AGENDA ITEM

SUBJECT MATTER/PROJECT: AWARD OF PURCHASE- LANDA PARK BATHHOUSE RENOVATIONS

ORIGINATING DEPARTMENT: PARD/Support Services PRESENTER:


AGENDA CAPTION:

Stacey Laird/Mary Quinones

DISCUSS AND CONSIDER APPROVAL OF THE PURCHASE OF CONSTRUCTION SERVICES FOR THE LANDA PARK BATHHOUSE RENOVATIONS FROM R.L. ROHDE GENERAL CONTRACTING, INC.

RATIONALE: The Landa Park Bathhouse project includes renovations and improvements to the building serving the spring fed and Olympic pools. The facility provides restrooms and showers as well as areas for staff to store equipment, take pool admission payments, staff and customers' locker areas and other needed space. The City initially issued an invitation for bid in 2006, 4 bids were received, however, the City rejected all bids because of the cost. All bids were significantly over the project budget.

Fisher Heck Architects revised the construction plans and specifications and the City re-issued the invitations for bid. The bid was sent to 43 companies and the City received six bids. Staff recommends awarding the contract to R.L. Rohde General Contracting, Inc. for a base bid price of $419,000 with alternatives at $19, 151 for a total price of $438, 151.

FISCAL IMPACT: The construction costs of $438,151 plus the professional services contracts are still significantly over the original budget amount of $346,738, budgeted in the Parks Improvements Capital Improvements Fund for FY 2007-08. The total cost of the project is now $540,000 including all professional services as well as construction. As approved in the Council work session on December 4, 2007, the additional project funding will come from two sources. First the Parks Improvements Capital Improvements Fund has $59,439 available that will be redirected from two other projects. The remaining $133,823 will come from the 2007 Certificates of Obligation $1.5 million that was designated for park land purchases and parks improvements.


STAFF RECOMMENDATION:. APPROVE THE PURCHASE OF CONSTRUCTION SERVICES FOR THE LANDA PARK BATHHOUSE RENOVATIONS FROM R.L. ROHDE GENERAL CONTRACTING, INC. AND ESTABLISH THE PROJECT BUDGET AT $540,000 PER COUNCIL ACTION ON DECEMBER 4, 2007.

Finance: ---N-:--f'r'-=U;-c-. __ _ Attachments:

Agenda Item #: __ !)=----'-'L""'~-Council Date: December 10, 2007

168

COUNCIL AGENDA ITEM

SUBJECT Approval of contracts for Park Improvement Designs/Installation of Sidewalks and MATTER/PROJECT: Ramps at Prince Solms Park

ORIGINATING DEPARTMENT: Parks and Recreation PRESENTER: Stacey Laird


AGENDA CAPTION: DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR DESIGN SPECIFICATIONS FOR PARK IMPROVEMENTS AT PRINCE SOLMS PARK AND INSTALLATION OF SIDEWALKS AND FENCING.

RATIONALE: Last year, City Council approved the design and installation of fencing and gateways at Hinman Island and Prince Solms Parks. Council was also presented cost estimates for these projects which included administrative costs. Phase 2 of this project includes sidewalks and ramps for ADA compliance, repair of an eroded drainage swale, sidewalk railing, and some landscaping.

At this time, staff is seeking approval for two parts of this Phase two project. 1 ). Staff is requesting approval for the City Manager to enter into a contract with Halff Associates to prepare the engineered construction documents for these improvements. Costs for these designs will be $12,000.

2). Staff is also seeking approval for the construction of the sidewalks and ramps. This cost will be up to $43,000. Construction will be done by D&M Construction as line item purchases through pre-bid contracts by the Public Works Department. This will allow the this aspect of the project to be completed prior to the spring and summer busy season.

FISCAL IMPACT: Total cost for Phase 2 of this project is estimated at $160,000. Staff is seeking Council approval to spend $55,000 of this now. The remaining items will be bid out after design. There is a separate agenda item for Council consideration to make these budget adjustments to fully fund this project.


STAFF RECOMMENDATION: Staff recommends approving the contracts at the not to exceed amounts.

Finance: -------

Attachments:

Agenda Item #: ,5" !'1. Council Date: _/ J.. -/0 - .;l 0 0 /

169

COUNCIL AGENDA ITEM

SUBJECT Election regarding the Board of Directors for the Guadalupe Appraisal District for the years MATTER/PROJECT: 2008-2009

-=~~~--------------------------------------------------

ORIGINATING DEPARTMENT: City Manager's Office PRESENTER: Michael E. Morrison

COUNCIL DATE: December 10,2007 AGENDA#: 5/J AGENDA CAPTION:

DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO CAST FIFTY-THREE (53) VOTES TOWARD THE ELECTION OF A MEMBER OF THE GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS.

RATIONALE:

Section 6.03(k) of the Texas Property Tax Code requires that each taxing unit entitled to vote, cast a ballot allocating its votes for the candidate(s) of choice. In this process, the City of New Braunfels has been allotted 53 total votes from the 5,000 total votes made available to the 18 participating entities. Attached is a sheet showing the voting entitlements for each of the 18 entities.

The City of New Braunfels can award all of its 53 votes to one candidate or disperse them amongst the following six candidates, viz., Tex Farnsworth, Greg Gilcrease, Tavie Murphy, Sylvia Schlather, Cecil Schulze, and Paul Soto. Please note that Paul Soto did submit a resume that has been included for your consideration. Also included is contact information for the remaining candidates.

Finally, attached is a resolution that allows the casting of the City's Fifty-Three (53) votes toward the election of a member(s) to the Guadalupe Appraisal District Board of Directors.

FISCAL IMPACT:

Not Applicable.


Not applicable.


Staff recommends that City Council approve the attached resolution authorizing the casting of the City's Fifty-Three (53) votes toward the election of a member(s) to the Guadalupe Appraisal District Board of Directors for a term beginning January 1, 2008 and ending December 31, 2009.

Finance:

Attachments:

Agenda Item#: __,.....,.''.--s-__ N ____ -=-_

Council Date: Jfl- )0 .- ;2,0 0 7

~

5f::~~t:.t':~~~i!;~,~;] 1:--rl

2008-2009 BOARD OF DIRECTORS ELECTION

ENTITY VOTING ENTITLEMENTS

Sep-07

= II 1111111.1:~ I X

_,_ 1..-JJ'I '.l7D 7'-'s.l nn = 0.002418 X

_,_ ~ 'JJI ":l?O 768.00 = 0.015762 X

... '/a ."\1'-l 768.00 = 0.049216 X

124.379.768.00 = 0.036386 X

+ 124.379.768.00 = 0.010548 X

33,484,626.00 124,379,768.00 = 0.269213 X

124.379.768.00 = 0.237052 X

_,_ 124.379.768.00 = 0.059075 X

182.00 124.379.768.00 = 0.045957 X

768.00 = 0.050875 X

+ 174 ::m:.J 768.00 = 0.017437 X

+ 174 ::m:.J 768.00 = 0.000362 X

124,379,768.00 = 0.002233 X

+ 124,379,768.00 = 0.000246 X

124,379,768.00 = 0.004371 X

124.379,768.00 = 0.012578 X

_,_ 124,379,768.00 = 0.185332 X

379.768.00 = 1.00 X

5,000 = 5

5,000 = 12

5,000 = 79

5,000 = 246

5,000 = 182

5,000 = 53

5.000 = 1.346

5,000 = 1,185

5,000 = 295

5,000 = 230

5,000 = 254

5,000 = 87

5,000 = 2

5,000 = 11

5,000 = 1

5,000 = 22

5,000 = 63

5.000 = 927

5.000 = 5

November 30, 2007

171 PAULSOTO

CURRENT CHAIRMAN GUADALUPE APPRIASAL DISTRICT

PERSONAL MEMORANDUM FOR CITY OF NEW BRAUNFELS MAYOR AND CITY COUNCIL MEMBERS

SUBJ: VOTING FOR GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS

During the latter part of October the Chief Appraiser forwarded ballot to all jurisdictions served by the District and the law requires that jurisdictions submit their votes to the Chief Appraiser not later than December l51

h.

Your jurisdiction has 53 votes. I hereby respectfully request that your jurisdiction consider submitting 53 votes on my behalf. I am currently serving as chairman and would like to continue to serve on the Board of Directors. I have always responded to elected officials, members of taxing entity staffs, and any citizen who has called on me for assistance or information. I have always been a team player and believe in a board working as a team. I have always worked toward avoiding unnecessary expenses that normally would pass to the entities served and to accomplish things at no cost or minimum cost. I can assure you that my past performance on the board has been in the best interest of all the jurisdictions and taxpayers.

This is a summary of some of my accomplishments while serving on the Guadalupe Appraisal Board: • Volunteered and Assisted Chief Appraiser in reorganization of staff, coordinating employee job descriptions and

compensation study, writing of job descriptions, wrote job description for Chief Appraiser now widely used by appraisal districts throughout Texas, and recommended current employee awards program. All of this was accomplished at NO-EXPENSE TO THE JURlSDICATIONS. Note: The chief appraiser does not have luxury of administrative staff or a human resources department so normally the latter functions would have been contracted out at a cost to jurisdictions.

• Personally coordinated donation of government computers for use by the appraisal district for a temporary upgrade. NO EXPENSE TO THE JURISDICTIONS.

• Under my leadership, the board of directors have kept meetings to a minimum without sacrificing board and district performance; kept budgets to a minimum; have participated in budget presentations to the jurisdictions when requested; maintained firm oversight of district operations and budget with recognized results; coordinated a technology upgrade study followed by workshops/training/on-site visits resulting in the purchase of a top of the line appraisal system that thus far has proven to be top-of the line; purchased property for a building expansion at no added expense to the jurisdictions; and obtained approval from the jurisdictions for the building expansion that is now almost 70% complete.

• The State Comptroller's reviews of local appraisals have been positive with the coefficients of dispersion being within the percentage required by the state thus avoided reduction of funds from the state to our school districts.

There are some pending items that need attention and I would like to contribute to their end. Some of these items are: • Completion of the building expansion • Rewriting of Board of Directors' Policy Manual • Rewriting of the Appraisal District Human Resources Policy Manual

My 40 years of human resources and project management experience allows me to be a valuable asset to the board and continuance on the board will also allow me to assist with projects such as the latter items and save the district funds.

Your consideration is appreciated. Please do not hesitate to contact me should you have any questions and/or if you would like for me to be present at any of your future meetings.

Sincerely,

Paul Soto Home Telephone Number: 830-303-3510 Cell Telephone Number: 830-660-0602

172

Michael Resendez

From: Jamie Osborne [email protected]]

Sent: Tuesday, December 04, 2007 4:08PM

To: Michael Resendez

Subject: CONTACT INFORMATION BOARD OF DIRECTORS

Mr. Resendez,

Below please find the current Board of Directors contact information: Paul Soto, 830.303.3510 Cecil Schulze, 830.379.3277 Sylvia Schlather, 210.658.2290 Tavie Murphy, 830.379.2315 Tex Farnsworth, 210.658.2665

Should you have any questions, or if I may be of further assistance, do not hesitate to contact me.

Sincerely, Jamie Osborne, R.P.A. Chief Appraiser Guadalupe Appraisal District 3000 N. Austin Street Seguin, Texas 78155 830.303.3313 metro phone 830.372.287 4 fax

12/4/2007

Page 1 or 1

173

RESOLUTION NO. 2007 -R. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS TO CAST FIFTY-THREE (53) VOTES TOWARD THE ELECTION OF A MEMBER OF THE GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS.

WHEREAS, the City Council of the City of New Braunfels has been advised by the Chief Appraiser of the Guadalupe Appraisal District, that the City has been allocated a total of FIFTYTHREE (53) votes which may be cast, all or in part for their candidate(s) of choice, for the Board of Directors, Guadalupe Appraisal District.

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

THAT the City of New Braunfels, Texas hereby casts a total of FIFTY-THREE (53) votes toward the election of member(s) of the Guadalupe Appraisal District Board of Directors as follows:

CANDIDATE

T ex Farnsworth

Greg Gilcrease

Tavie Murphy

Sylvia Schlather

Cecil Schulze

Paul Soto

VOTES

FURTHER, that the City Council of the City of New Braunfels submits the Official Ballot, attached hereto as exhibit "A", as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2008-2009.

PASSED, ADOPTED AND APPROVED this 1oth day of December, 2007.


BY: ~--~~~~--------BRUCE BOYER, Mayor

ATTEST:


174 OFFICIAL BALLOT TO ELECT

BOARD OF DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR 2008-2009

Issued to: CITY OF NEW BRAUNFELS

Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate. You may cast all of your votes for one candidate, or divide those votes among any number of the candidates. You have 53 total available votes.

1. Tex Farnsworth 2. Greg Gilcrease 3. Tavie Murphy 4. Sylvia Schlather 5. Cecil Schulze 6. Paul Soto

CANDIDATES (listed alphabetically)

Issued under my hand this 301h day of October, 2007

RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2008-2009 TERM

WHEREAS, Section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe Appraisal District on or before December 15, 2007.

THEREFORE, THE submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2008-2009.

ACTION TAKEN this day of , 2007, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03 of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe Appraisal District.

Signature of Presiding Officer

ATTEST:

Title

175

GUADALUPE APPRAISAL DISTRICT

Main Office 3000 N. Austin St. Seguin, Texas 78 I 55 (830)303-33 I 3 (830)372-2874 (Fax)

October 30, 2007

City of New Braunfels

Schertz Substation I 101 Elbel Rd. Schertz, Texas 78 I 54 (21 0)945-9708 Ext. 202 (2 I 0)566- I 334 (Fax)

Attn: City Manager Morrison and Mayor Boyer 424 South Castell Ave. New Braunfels, Texas 78130

Dear City Manager Morrison and Mayor Boyer,

Board of Directors Chief Appraiser Paul Soto- Chairman Jamie Osborne Cecil Schulze- Vice Chairman Sylvia Schlather- Secretary Deputy Chief Appraiser Tex Farnsworth- Member Erich Strey Tavie Murphy- Member

Enclosed is an Official Ballot to cast votes for the Board of Directors election for the Guadalupe Appraisal District. Directions and a resolution format for submission are included.

Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2007. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates.

The chief appraiser shall count the votes, declare the five candidates who receive the largest cumulative vote totals, and submit the results prior to December 31, 2007 to the governing body of each taxing unit who participated in the election and to each of the candidates.

Please call if you should have any questions in regard to the election process.

~ Jamie Osborne, R.P.A. Chief Appraiser

176

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: Appointments to various boards and commissions

ORIGINATING DEPARTMENT: City Secretary PRESENTER: Michael A. Resendez

COUNCIL DATE: December 10,2007 AGENDA#: 50

AGENDA CAPTION:

DISCUSS AND CONSIDER ACTION REGARDING THE FOLLOWING CITY OF NEW BRAUNFELS BOARD AND COMMISSION APPOINTMENTS:

1. Three members to the Community Development Advisory Committee for three-year terms ending December 13, 2010.

2. Five members to the Design/Sidewalk Committee for two-year terms ending December 31, 2009. Four appointments being owners or occupants of property within the downtown business corridor and one appointment being an at-large position.

3. Two members to the Landa Park Golf Course Advisory Board for three-year terms ending December 31, 2010. One appointment from the New Braunfels Men's Golf Association and the other being an at-large position.

4. Two members to the Main Street Advisory Board for three-year terms ending December 31, 2010.

(See attached sheet and applications)

RATIONALE:

Vacancy notices were posted on the City's bulletin board and website. Applications are attached.

FISCAL IMPACT:

Not applicable.


Not applicable.


Staff recommends that City Council appoint interested applicants to the positions currently available.

Finance: Agenda Item 1#: S 0

Attachments: Council Date: } J. - / D ·- ;)..GO 7

177

BOARD AND COMMISSION APPLICATIONS RECEIVED BY THE DEADLINE DATE OF DECEMBER 3, 2007

1. Three members to the Community Development Advisory Committee for three-year terms ending December 13, 2010.

• Nancy Trapani, 1355 Patio Drive • James T. Blakey, 1190 Hollyhock Lane • Laurie Hawkins, 805 Summerwood

2. Five members to the Design/Sidewalk Committee for two-year terms ending December 31, 2009. Four appointments being owners or occupants of property within the downtown business corridor and one appointment being an at-large position.

• None received before the deadline.

3. Two members to the Landa Park Golf Course Advisory Board for three-year terms ending December 31, 2010. One appointment from the New Braunfels Men's Golf Association and the other being an at-large position.

• Bruce Weldy, 227 Elmwood (for New Braunfels Men's Golf Association position) • Rustin Adams, 80 Guada Coma (for at-large position)

4. Two members to the Main Street Advisory Board for three-year terms ending December 31, 2010.

• Mark G. Squires, 2261 Normandy Grace • James T. Blakey, 1190 Hollyhock Lane • Laurie Hawkins, 805 Summerwood

Finance: -------

Attachments:

ATTACHMENT (A)

Agenda Item#: _____ _

Council Date: -------

178

11-28-o:AI::'l './J

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSONS QUESTIONNAIRE/APPLICATION

Name:

Street Address:

City, State & Zip:

Phone Number:

E-mail: (/ I v

Employer: --Occupation:

Business Address:

How long have you been a resident ofNew Braunfels?_..;:{/tr:__::;;::7f'f..i:.~::...!:::.....·_-_____ _

Are you a qualified voter of the City? __ ...,t,q..-Y...::;Ji_/ ~----------------(1

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.

/' '') ·' 1-~--) Lt!ic.AtLi .1:...:" /{

'

lirf!N>L }<f;>rvrrLt{ H.l.t tl .. ~iL _ti.IL. !L;:attL ~c..rt:::J./

179

SECOND PAGE

Do you currently serve on a City board or commission? / Yes ___ _ No_

If yes, which board or commission?_--..:::C-:::::1 ;;.:;;D~· ....:B::::. . ..:::&::..' ------------

How long? :;J. 'f/ ~ Do you have any relatives who work for the City ofNew Braunfels? Yes_ No/ lfso,who? ___________________________________ ___

Do you receive any direct compensation or gain from the City ofNew Braunfels?

Yes_ No,/

If so, what type? __________________________ _

Do you receive any direct compensation or gain from any governmental body?

Yes___ No/

If so, what type? __________________________ _

If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This application will remain active for ninety (90) days, unless you are appointed to a board or commission. You must reapply, if you would like to be considered for another board or commission.

L.___,_C_,_ . ...:!:.P---""<.B_G='-~~--.....:~i'""""/v...;.._:..v,~-/ '-=-L-...;.<,J-=-'IA...;.:ri;_r;v__;1,.~;;;_·. ?f-'UQ=\-iL_.t!-t-_, -~--------2. ____________________________________________ __

3. _________________________________________________ __

180

10-15-07PJ3:38 RCV)


Name: ,::=:r;-w b <k\ a.~~i lt q c7 Ho/k, kat K 'tA7t t Street Address:

City, State & Zip:

Phone Number: g }o -lfi l-7tJ~ 9 Home g ;, - 0? o- tc,z. ~z Business

E-mail: j ,'I"\ ~f b (a: b4t7 <2 ~~·~t4} ( • e 0 frl

Employer: tJee /,;'&=t~J ;S 6 ~ !).t i~ . Occupation: J);Rt'~MR 11( A!tw k~~<"f.d" D!11d/ppr~ + Tr~\;t;~ Business Address: 16/ ~ I vb,h¢/&t!" ~ PI!! .54 rJ· 3o i) I U.B, T~ How long have you been a resident of New Braunfels? J I ye11r~ {t4 ~rr'q/l!!iJ Eft.tl 13yr Are you a qualified voter of the City?----jY~jlt-...:::;£;..___ __________ _


l1.s 8t " .1U k1 { "(VIe,,../,~ &{ ""' ; S t t>""M,Iell\ }Jy :f ~~>\It >t. f I) I tt4K tr· a.dd!lthd v-144:f~ :!" ct~ ~tHtJ<... :r ~'(.. 2 t,;A,..tlJ.t~ IV~ g oJ + 44, <t:lf.,.,)_ fr ~( ....., $ r r-<J ·M d bv PbtD . f'A.y j o.J.. ll ~ At~ . 't()lJ. :f{.~~ ' t't(...+ e i . ! ai{}c~ II' } k ~li P-:.r~~t!., ):; Clet~, C!v.rr,_f/'1 J :T a 'M. ~&./) ~ A -~Att,. 1 .. e~A~r ~2.~ ~0~~1. J3.1J,Mb d! At>1'u6+·..._~

181

SECOND PAGE

Do you currently serve on a City board or commission? Yes . V No_

If yes, which board or commission? Zotll';j ~Md #,. A.f}('lc)k t~ How long? I y tat: - c)A. If <:J4y ~4y)H~ A. <, &b ___j£_ Do you have any relatives who work for the City of New Braunfels? Yes_ No ~ If so, who? _____________________ _

Do you receive any direct compensation or gain from the City ofNew Braunfels?

Yes_ No~ If so, what type? ____________________ _


Yes_ No~ If so, what type? ____________________ _

182

11-02-07Al :03 ~CVD

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSIONS QUESTIONNAIRE/ APPLICATION

Name:

Street Address: ____ o_O.S __ _.:=~:::........:::.U_.Ltn!..-!...Lm..!..-..L..::E=..!..::R-~w~cnJD~~::....__--City, State & Zip: rJ£> 7Y- 7gi3-1J

--------~---------------------------------------------

Phone Number: 0{) b- /3-£1 Home ).lO -5/) g -SJ.a3 Business

E-mail: ~---Employer:

Occupation:

Business Address:

How long have you been a resident of New Braunfels? __ .._~_,.~~-+--~:H---·----

Are you a qualified voter of the City?_---'4"""-=-----~rr::LAL.}=----=-------------

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.


183

SECOND PAGE

Do you currently serve on a City board or commission? Yes ~/ No __

If yes, which board or commission~.L-"YJ'dla.~.Ll""• :u,.....,-.s.£'y~""'--3""'""1..'-±~..__, --;-----~-/)d_::....o~_.,/1=--.lb;-...__' ___ _ 7 J

How long? __________________________________________________________ ___

Do you have any relatives who work for the City of New Braunfels? Yes __ NoV

Ifso,who? __________________________________________________________ ___

Do you receive any direct compensation or gain from the City of New Braunfels?

Yes_ Nov"/

Ifso,whattype? ______________________________________________________ ___


•Yes_ NoV'

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.

3. •

SIGNATURE,~~

184

11-08-07P03:46 RCVD


Name:

Street Address:

City, State & Zip:

Phone Number:

E-mail:

Employer:

Occupation:

Business Address:

How long have you been a resident of New Braunfels?_4-=-c """S----rf·vlc..:..~='J ______ _ I

.,1. Are you a qualified voter of the City?_;_/6=·~-'-s ________________ _

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/commission. Use attachments if necessary.

to'.Jl~ Ac&iA.lt?W f't,fl._<f'·(.),'...>/.P'ln.SIJ,p /JJ 4L~(~tt6 . '8-JJtJi.&flukiJf:J IS 11J

'PA t7t.AS/!J(:)5 {YUt-;.(Jt,(:;l]ll_,cbu~"t---<-.4.:.;.·/V-'-O.::..,...:'-....I..~k;;::.J-'-f~.;:.;;,_--t..\...__ ___________ _


f..J4vt Nt:.. 6aM,Jw u r flJJ r /lv~ ch.r.,f Av t.~,..Jt:¥! ~rt-tt.'. , z MXA-{.,Q i.-; k-(-,

/o Jg(!; /ttJV'.Jl.t/'[d'J I;J fJ{;'~tNI.t fD Jl/l;(}J(fj ·11Jc· (}oUAJt?. I'!!Ut£ /Jf'~k/;.Jt;

.,-;; /3c)Tl.J {t(It&tf-NVJ AN/} /i)u/UJrJ. p1fltJ fJfll... J/Wt:.S w&- t:ot-ti!Jft

,&1. otLf£ P/lA'J 11 rtJect. 7~t:-lJ i~IJ!fi. to c[rtl-;t~rt~ ~{.&1 r;v 1 ~~Jl/ 6116.) Ml>t!A} 71ktttlfr t¥.)lU'ItJ,

185

SECOND PAGE

Do you currently serve on a City board or commission? Yes~--- No---2{.

If yes, which board or commission? __________________ _

How long? ________________________________ __

Do you have any relatives who work for the City ofNew Braunfels? Yes_ No_K lfso,who? _______________________________________________ __


Yes_ No_LL lfso,whmtype? ___________________________________________ __


Yes_ No.-2(_

If so, what type? _________________________________ _

If selected by the New Braunfels City Council, on which boards/commission would you be willing to serve? Please be specific. This 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. ________________ ~-------------------------------------------'1 . . r /

SIGNATUru:.; ~/~?~~;y;-.·~ __.-//~ /

C:::' .· / ,,/

186

1 1-27-0;?)4:55 RCVD

CITY OF NEW BRAUNFELS ADVISORY BOARDS & COMMISSIONS QUESTIONNAIRE/ APPLICATION

Name: ~()S\(rJ /ill(\M"J Street Address=----~--"'~~0----'(=2\'--=U~li\{)--'-'--:.....:A'---""Co~ ... -=-f'-t-=-.:,~:__ _____ _

City, State & Zip:

Phone Number:

E-mail:

Employer:

tJ ~(A) (jeAthJ ~ t:: t--s -ry_~ · 1 ~ t 3o --------------------~------j___ --------------------

4;0~ -5(e 3% Home ~ L( 3 · J./ S-~0 Business

____ f_Qb_LD.f_Q~~b_'{\_g_v~1}QQ_f_C~~~--------------c pi(\ <)~ \ ~

Occupation: 1\uTO T (.)Jr\e~--~~1\L~-R

Business Address: <6 0 c; u ADA (1 rv\.J\;-

How long have you been a resident of New Braunfels? __ ·)"'--_J.-·-'-\ -+\{-=-\<:...:c.)_. _____ _

Are you a qualified voter of the City? ___ '{--1--L.::t;--'S ___________ _

Please give a brief resume, including education, past employment, any special background or qualifications you have for serving on this board/ commission. Use attachments if necessary.

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187

SECOND PAGE

Do you currently serve on a City board or commission? Yes __ /_'_ No __

If yes, which board or commission? clO\ .. f Cou~')t='- {\{J\J\~f.~i· Howlong? ·\)

Do you have any relatives who work for the City of New Braunfels? Yes __ No y/

Ifso,who? ________________________________________________________ _


Yes __ /

No'/

Ifso,whattype? ____________________________________________________ ___


Yes_ NoV

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. __ l-=-..:.:10--=-. __:::k:J_t_.-__,_A-____.:_o_v_t :-_;;c--=-· ~__...;\{ _______________ _

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SIGNATURE: ____ , +~/---~-·~'-'--\:,')'--"\ -r:--<-==--------DATE: _ ____,_(--=-/_·'.u...rt--=-1_·· __,_~1_ ,~v

CITY OF t.-JE~7 BRAUNFELS ADVISORY BOARDS & COMMISSIOi';S QGESTIONNAlRE/ APPLICATION

Name: --··-·---·-I'"'

Stree: Address: __ Z Z b \ ~Jj Q~~V\ ill til}_'t.il.8J:3 C..E _

City, St8re & Zip: -~~~--b.f~rJ~-1-lf_lZ_~_;~_l1 ... __ ]_~-t~~:_ ______________ _ Pl::one >liumber: 8306I'il~£1_1 Home ~lo2~ eobb ___ ~~B~csLne~s

l"~~l.dJ.f:::..~s..2~-~.:.~6g_ ht_::.r_c~--'-~Qhl ___________ _ Employer _ ___&lll\:..:w...o \}~~~J>;..L.._yz.s.;;__· ______ _

Occupatio~;: f t N J\ t4e t A L AD\; 4->.C,::.a-fb_,____

Business Address. b_1;l \..0--"S~~oNto, ~-~.IDQ;_J\\hlj 78 ll:10

tf.ow long have vou been tl re~ident of 1:\ew Bra.1n.fel~: ftS\.~ l. . j_ __ 'i_~~~ __ .. __ _ \.j,-

Are y<)U ~qualified voter of tht:: Citr1_~:..f.. ____ _ ·--------·--·-··-

Ple~.;e give ~- brief resume, including educatioa, past emplovrnent, any ~;pedal bff.:kground ;;x qualificaclons ynu h;:ve for serving on thts boarc!/.:ommission. Us~ •m~c.:hmeat@ if nece~sary.

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RV\~~Ii'l~£.L.1Ylell.z rtJa.t.urL~Q___ ---~---Piease state why you wish to $erve the City of ~e'v Braunfei~ as a member of a bo<'!rd, com tnis.:Jion, or comrr:ittee. t;,,e attachment;!;, if neceMary .

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189

-----------·-----· ·---------

SECOKD PAGE

Do vou currently strve on a City board or r;ommission? No-¥-1f yes, which board or cornrrd!.t~ion?~-----·---------------------

How long!--·----·---

Do you have any relatives •.vho \vork for the Ciry of 1'\ew Braunfels! Yes __

If ;;o, whP'--...

Yes_ No_X._ If so, what tv-pe? __________ _

'Do you recei.ve any C.irecr <.:ompemation or gain from any govern.tnencal bodv~

Ye., __

If w, what type! ___ _

If ~el~cted by the New Brau~fels Cicy Coundl, on which boards/comn1ission would you be willing to serve:' Ple;1s.e be speci.fic.. This <\pplication wtll rem.ain active for nir.ety (90) days, Lmk:ss you ar~ appoimed to a board <.)r commi~sion. You muH reapply, i.f vou wo1lld like to be considered for ancd1>:t bo~u·d cr comrntssion.

·: ··--·---------- ---------· ·~ ... ··----·-----··--.. -------

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190

/AXAADVISORS

To: Arny Rogers

Fax#: 830-608n0272

Company: New Braunfe~s

City/State: New Braunfels

OATE: 10/18/2007

Central Texas Branch 8000 IH 10 West, Suite 750

San Antonio, TX 7$230 (210) 308-6300 ( 2 Hl) 340-6083

From: Mark Squires

Tltle: .l:O ~inar:cial AdVJ>or

[]lilegistered %pr~~entctiv~

0 Ernpioyae {bek:Jw CJiS\;I':l5ur~ does ./oi·

op,OIY)

IU!: Moinstreet F~oord

Phone; 830.624-8066

Fax 4f: 830-627-7171

Comments;· Amy

___ ._3 __ # Pages Including Cover

Please process this and let me know what else you n••d. Today I am interested In the Malnstreet Board or:ly. 1 t:Jm studying for o CFP exam and 11 has fgken up a ''ton" of my time and will ·for the .next year ot so. Thank you again for all yovr help,

Osecurit:e; Off'f!r~o :hrOuQh ·"·X.• . . .:...:.'•.•/s.:;,rs_ L~C ;'NY, ,,,y 212-J i4·460:J}. mf;!rnber NASD. s,pc; Ar.;·,;;ifj ::md j;,; •. :r::mce oro?IJ':1S cff@'9(:J thrcu~v· ~.X.A 1-..:e;N·or.<. ~~·;:;: :'J!Y;! :t~ s•wb'iio:arit:l" crG:o• ;•-, :;.lfii'Qies • • nc!uding .ll.XA Nii<\vor'~ :r.s..;ro~'~C·a A.ger.cy. LLC {in C,':)!i'of'l"'i.;;~J or-.aior .~.i.<> Ne:'wO'k :m(J"onc;,;o A;;;,enc)l ~)' urar:. LLC {ifl u+oh).

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191

COUNCIL AGENDA ITEM

SUBJECT MAHER/PROJECT: REPORTS

ORIGINATING DEPARTMENT: Mayor

COUNCIL DATE: December 10,2007

AGENDA CAPTION:

a) City Council's Report

b) Staff Reports

RATIONALE:

FISCAL IMPACT:



Finance: -----.-fc"----

Attachments: N 0

PRESENTER: Mayor Boyer

AGENDA#: 6

Agenda Item #: --.-=-"'te;:_. -:----:;;;;-:Council Date: / .J..- J 0 ·- J.O 0 1