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1 COUNCIL AGENDA ITEM SUBJECT MATTER/PROJECT: MINUTES ORIGINATING DEPARTMENT: CITY SECRETARY PRESENTER: Ann Smith COUNCIL DATE: July 23, 2007 AGENDA#: 1 AGENDA CAPTION: CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING OF JULY 9, 2007, AND (B) THE REGULAR MEETING OF JULY 9, 2007. ance: Agenda Item #: _1.:___ _____ _ Attachments: _Y-'-'E::.::S:.._._ ___ _ Council Date: _7:..:..:/2=3:..=./07-'-------
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COUNCIL AGENDA ITEM

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AGENDA CAPTION:
CONSIDER APPROVING THE MINUTES OF (A) THE SPECIAL MEETING OF JULY 9, 2007, AND (B) THE REGULAR MEETING OF JULY 9, 2007.
ance: Agenda Item #: _1.:___ _____ _
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JULY 9, 2007
The City Council of the City of New Braunfels, Texas, met in Special Session on July 9, 2007.
City Council Present were:
City Staff Present were:
Mayor Bruce Boyer, Presiding; Mayor Pro~tem Gale Pospisil and Councilmembers: Richard Zapata, Mark Goodner, Pat Wiggins, and Kathleen Krueger.
City Attorney Alan C. Wayland and Deputy City Secretary Ann Smith.
The meeting was called to order by Mayor Boyer in the City of New Braunfels Municipal Building Conference Room B at 5:07 p.m. All Councilmembers were present. Mayor Pro-tem Pospisil arrived at 5:50 p.m.
INTERVIEW APPLICANTS FOR APPOINTMENTS TO THE CITY OF NEW BRAUNFELS ZONING BOARD OF ADJUSTMENT. Mayor Boyer read the above and foregoing caption.
, Councilmembers interviewed the following applicants for two regular and two alternate 1 vacancies on the New Braunfels Zoning Board of Adjustment: Kathy deBerjeois, Richard LaRochelle, Cory Elrod, and Bill Norvell.
City Council took no action on this item. Action on this item was set to occur during the July 9, 2007 Regular City Council Meeting.
ADJOURNMENT: Special meeting adjourned at 5:55 p.m.
AITEST:
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Date Approved: July 23, 2007
BRUCE BOYER, MAYOR
JULY 9, 2007
The City Council of the City of New Braunfels, Texas, met in Regular Session on July 9, 2007.
City Councilmembers present were: Mayor Bruce Boyer, Presiding; Mayor Pro-tem Gale Pospisil, and Councilmembers Richard Zapata, Mark Goodner, Pat Wiggins and Kathleen Krueger.
City Staff present were: City Manager Michael E. Morrison, City Attorney Alan C. Wayland, City Secretary Michael A. Resendez, Fire Chief John Herber, Director of Planning and Community Development Frank Robbins, Interim Public Works Director James Ballowe, Police Chief Ron Everett, Chief Financial Officer Deborah Korinchock, City Engineer Michael Etelamaki, and Information and Technology Manager Kern Tilley.
Also present were: Bill Norvell, Cory Elrod, Tri Le, Melisa Le, Larry Horton, Hope Pfannstiel, Delbert Tanneberger, Violet Tanneberger, Jack Whitworth, Cindy Whitworth, Tony Gallegos, Rosie Gallegos, Chandler Gray, Mildred Schumann, John
, Schwab, Jeanria Schwab, Julio Martinez, Michael Meek, Bob Krueger, Monroe Miller, Roger Biggers, Paula J. DiFonzo, Clint Cronin, Chuck Welty, Jay Patrick, John Seidel, Christine Seidel, Jim Ray, Marilyn McDonald, Lynn Norvell, Barry Campbell, Alex Yount, Rodney Shultz, Tony Gallegos, Carlos Gonzalez, Julio Martinez, Ron Wilson, Chase Cochran, Ricardo Zavala, Jr., Orlando Castaneda, Miguel Aleman, Orlando Cardenas, Rene Perez, and News Reporters Bryan Feltner and Roger Croteau.
The meeting was called to order by_ Mayor Bruce Boyer in the New Braunfels Municipal Building City Council Chambers at 6:05 p.m. All Councilmembers were present. Councilmember Kathleen Krueger gave the invocation and Mayor Bruce Boyer led the Pledge of Allegiance and Salute to the Texas Flag.
INTRODUCTION OF RON EVERETT, CHIEF OF POLICE FOR THE CITY OF NEW • BRAUNFLS: Mayor Boyer took the opportunity to introduce and welcome Ron Everett to the City of New Braunfels, as the new Chief of Police.
MINUTES: Councilmembers considered approval of the minutes of (A) the Special Meeting of June 25, 2007, and (B) the Regular Meeting of June 25, 2007.
Councilmember Wiggins moved to approve the minutes as presented. Councilmember Krueger seconded the motion.
Mayor Pro-tem Pospisil suggested that the second paragraph on page 4 of the June 25, 2007 Regular City Council minutes be amended to reflect that Eikel Field is located in District One.
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Following no objections to the proposed amendments, City Council unanimously approved the minutes as amended.
RECOGNITION OF CITY CREWS THAT HELPED WITH THE CITY OF SEGUIN'S CLEAN UP AFTER SEVERE STORMS IN THAT AREA: Mayor Boyer read the above and foregoing caption.
Mayor Boyer and Interim Public Works Director Ballowe recognized the efforts of the following employees in assisting the City of Seguin with clean up of the City following a rash of severe storms: Solid Waste Division - Rodney Shultz, Tony Gallegos, Carlos Gonzalez, and Julio Martinez; Street Division - Ron Wilson, Chase Cochran, Ricardo Zavala, Jr., Orlando Castaneda, Miguel Aleman, Orlando Cardenas, and Rene Perez.
CITIZENS' COMMUNICATIONS:
Bill Norvell of 439 Comal Avenue, New Braunfels, Texas, reported how excellent of a job the river clean up company was doing on the rivers and streets. Mr. Norvell also noted how river behavior was much better this year and how he had seen more families on the rivers than in past years. Lastly, Mr. Norvell reminded everyone to be c~utious of the rise in heartworm cases in dogs because of the high mosquito activity.
John Seidel of 801 Elm Creek Road, New Braunfels, Texas, stated that the fence around Hinman Island was looking nice and requested that any residual monies be used to fix the lights along the river that had been out since the 2002 flood.
CONSENT AGENDA:
Mayor Boyer read the Consent Agenda as listed below noting that Consent Agenda items (F) and (L) were being pulled from the Consent Agenda for further discussion.
City Secretary Resendez interjected that Councilmember Goodner had recused himself from Consent Agenda item (G) and should state his intention to do so again if so desired.
Immediately thereafter, Councilmember Goodner recused himself from Consent Agenda item (G) regarding the rezoning of 85.25 acres off FM 725.
Mayor Pro-tem Pospisil moved to approve the Consent Agenda as presented below minus Consent Agenda items (F) and (L). Councilmember Krueger seconded the motion which was unanimously approved by the following roll call vote; A YES: Councilmembers Zapata, Goodner, Pospisil, Wiggins, Krueger, and Mayor Boyer; NAYS: None.
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(A) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE ABANDONING 0.405 ACRES OF STREET RIGHT-OF­ WAY OFFAL TGEL T LANE NEAR LOOP 337.
Ordinance No. 2007-53
(B) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE ANNEXING 149.575 ACRES ON THE NORTHWEST SIDE OF LOOP 337, APPROXIMATELY 3,000 FEET NORTH OF THE INTERSECTION OF LANDA AND LOOP 337, AND ADOPTING A SERVICE PLAN.
Ordinance No. 2007-54
(C) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING LOT 2, BLOCK 9, GREEN VALLEY SUBDIVISION, LOCATED AT 104 MELODY LANE, FROM "B-1 CONVENTIONAL AND MOBILE HOME DISTRICT" TO "C-0 COMMERCIAL OFFICE DISTRICT".
Ordinance No. 2007-55
(D) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING LOT 18, BLOCK 4050, LOCATED AT 541 S. WALNUT AVENUE, FROM "R-3 MULTIFAMILY DISTRICT" TO "C-1B GENERAL BUSINESS DISTRICT".
Ordinance No. 2007-56
(E) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE AMENDED DETAIL PLAN FOR THE AVERY PARK SUBDIVISION.
Ordinance No. 2007-57
(G) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING AN 85.25 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF FM 725 AND EAST COUNTY LINE ROAD, FROM "APD AGRICULTURAL PRE-DEVELOPMENT DISTRICT", AND "R-1 SINGLE-FAMILY DISTRICT" TO "C-1 B GENERAL BUSINESS DISTRICT", "ZH-A ZERO LOT LINE HOME DISTRICT", AND "R-1A-6.6 SINGLE FAMILY DISTRICT, WITH ADDITIONAL RESTRICTIONS.
Ordinance No. 2007-58
July 9, 2007 New Braunfels Regular City Council Meeting 3
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(H) APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF NEW BRAUNFELS, TEXAS AS RECOMMENDED BY THE REINVESTMENT ZONE NUMBER ONE BOARD OF DIRECTORS.
Ordinance No. 2007-59
(I) APPROVAL OF APPOINTMENTS OF A LAY REPRESENTATIVE AND ALTERNATE LAY REPRESENTATIVE TO THE ALAMO AREA LIBRARY SYSTEM FOR TERMS ENDING AUGUST 31, 2008. As noted in the agenda packet, it was recommended that Vickie Hocker be appointed as the Lay Representative and that Donna Heath be appointed as the alternate Lay Representative for terms ending August 31, 2008 ..
(J) 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 WITHIN SHEPHERDS GLENN SUBDIVISION AND QUAIL VALLEY SUBDIVISION, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.
(K) APPROVAL OF THE PURCHASE OF ONE ROLL-OFF VEHICLE FOR THE PUBLIC WORKS DEPARTMENT/SOLID WASTE RECYCLING DIVISION THROUGH THE HOUSTON-GALVESTON COUNCIL OF GOVERNMENTS PURCHASING PROGRAM. As noted in the agenda packet, the cost for this unit was listed at $141 ,41 0.
(M) APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DRAINAGE FACILITY AND WATERWAY AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY TO CONSTRUCT A DRAINAGE FACILITY FOR THE CHURCH HILL IMPROVEMENT PROJECT AT MILE POST 224-226 IN THE AUSTIN SUBDIVISION IN NEW BRAUNFELS, COMAL COUNTY, TEXAS.
Resolution No. 2007-R30
(N) APPROVAL OF ACCEPTANCE OF GRANT FUNDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING AGREEMENT WITH LOWER COLORADO RIVER AUTHORITY (LCRA) FOR THE DEVELOPMENT AND CONSTRUCTION OF A SKATE PARK AT EIKEL FIELD. As noted in the agenda packet, the amount of grant funding from LCRA was listed at $25,000.
July 9, 2007 New Braunfels Regular City Council Meeting 4
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CONSENT AGENDA ITEM (F) - APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE REZONING APPROXIMATELY 37 ACRES BOUNDED BY SOUTH UNION ST., LINCOLN ST., SOUTH GRANT ST., AND MATHER ST., KNOWN AS AREA 6, FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "R-1A-6.6 SINGLE FAMILY DISTRICT": Mayor Boyer read the above and foregoing caption.
Councilmember Krueger announced that she would be recusing herself from this item since her home was in the subject area.
Mayor Boyer announced that he had pulled this item from the Consent Agenda because of communications from the public regarding errors on the maps related to the first reading of the ordinance on June 25, 2007.
Mayor Boyer then opened the floor to public input.
John Seidel of 801 Elm Creek Road, New Braunfels, Texas, expressed concern for how the Planning Commission's process revolved around "opting in" and City Council's rezoning process was related to "opting out". He felt that it was not right for citizen's properties to be downzoned without their consent.
, Bob Krueger of 298 E. Lincoln Street, New Braunfels, Texas, noted that there had not been an area, such as the subject area, where this large of a response had occurred with regards to neighborhood downzoning. He further noted that City Council's vote at the first reading of this ordinance was unanimous and that City Council should apply the same rules to this particular rezoning as it had to previous neighborhood rezonings.
' Chandler Gray of 186 E. Lincoln Street, New Braunfels, Texas, urged City
Council to once again vote in favor of this ordinance and stated that the rules should not be changed so late in the process.
Continuing with public input, Clint Cronin of 232 E. Lincoln Street, New Braunfels, Texas, stated that the residents in the subject area were well informed and that this area should not be treated any differently than the prior areas that had been downzoned.
Jay Patrick of 2123 Cornerstone Drive, New Braunfels, Texas, noted that this rezoning process could affect the value of properties and felt it was wrong to change the zoning on properties without a response from owners.
Marilyn McDonald of 165 E. Lincoln Street, New Braunfels, Texas, expressed her support for the ordinance.
Chuck Welty of 163 E. Mather Street, New Braunfels, Texas, expressed concern over the different processes utilized by the Planning Commission and City Council in
July 9, 2007 New Braunfels Regular City Council Meeting 5
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rezoning the subject area. Mr. Welty also mentioned that the property owner at 509 S. Union objected to the proposed rezoning.
Violet Tanneberger of 111 E. Lincoln Street, New Braunfels, Texas, informed City Council that this subject had been very well informed and that the map of the subject area as presented at this evening's meeting was pretty much correct.
Following comments and concerns from Councilmembers Councilmember Wiggins moved to approve the second and final reading of the ordinance to include one additional objection received this evening from the lot at 509 S. Union. Councilmember Zapata seconded the motion.
Next, Councilmember Wiggins moved to amend his motion to include that application fees be waived for any owners, within the subject area, wishing to rezone their properties back to the present state within 60 days of the passage of this ordinance. Councilmember Zapata seconded the amendment which was approved unanimously by City Council.
To conclude the item, the second and final reading of this ordinance as amended was approved by the following roll call vote; A YES: Councilmembers Goodner, Pospisil, Wiggins, Zapata, and Mayor Boyer; NAYS: None; ABSENTIONS: Councilmember Krueger.
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Ordinance No. 2007-60
CONSENT AGENDA ITEM (LJ - APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT, DESIGN AND CONSTRUCTION OF AN OFF-SYSTEM HES PROGRAM PROJECT FOR THE INSTALLATION OF A CONTINUOUS LEFT TURN LANE ON EAST COMMON STREET FROM GRUENE ROAD TO NORTH OF WATERWAY AND AUTHORIZE A BUDGET TRANSFER FROM THE STREET AND DRAINAGE FUND-CONTINGENCIES TO THE STREET AND DRAINAGE FUND EAST COMMON STREET PROJECT: Mayor Boyer read the above and foregoing caption.
Mayor Pro-tem Pospsil moved to approve the resolution as presented. Councilmember Krueger seconded the motion.
Interim Public Works Director Ballowe provided City Council with background information on this item noting that this was about a $123,000 project and that the City would be matching 10% or about $15,079.20. He noted that the study revealed three options with the option of choice providing for eleven foot lanes north and south with a fourteen foot continuous left turn lane and two foot shoulders on both sides.
July 9, 2007 New Braunfels Regular City Council Meeting 6
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Resolution No. 2007-R31
DISCUSS AND CONSIDER APPOINTMENTS TO THE CITY OF NEW BRAUNFELS ZONING BOARD OF ADJUSTMENT FOR TWO REGULAR AND TWO ALTERNATE TERMS EXPIRING MAY 31, 2009: Mayor Boyer read the above and foregoing caption.
Mayor Boyer announced that four applicants had applied for two regular and two alternate positions on the City of New Braunfels Zoning Board of Adjustment for terms expiring May 31, 2009. He stated that the applicants were as. follows: Kathy deBerjeois, Richard LaRochelle, Cory Elrod, and Bill Norvell. Mayor Boyer requested that each Councilmember pick two applicants during the roll call process with the two top vote getters receiving the regular positions.
Next, City Secretary Resendez requested that each Councilmember state his/her choices for the regular positions on the board. The results were as follows:
Kathy Richard Cory Bill Norvell
· deBerjeois LaRochelle Elrod
Councilmember Krueger X X
Councilmember Wiggins X X
Mayor Boyer X X
TOTALS 1 1 5 5
Following the vote, Cory Elrod and Bill Norvell received the most number of votes (5) and were appointed to the regular positions on the City of New Braunfels Zoning Board of Adjustment for terms expiring May 31, 2009.
Councilmember Wiggins then moved to appoint Kathy deBerjeois and Richard LaRochelle as alternates on the City of New Braunfels Zoning Board of Adjustment for terms expiring May 31, 2009, by acclamation. Councilmember Krueger seconded the motion which was unanimously approved by City Council.
PUBLIC HEARING AND FIRST READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR 1719 SH 46 SOUTH FOR THE JOINT USE OF A SINGLE FAMILY RESIDENCE AND RETAIL GUN SHOP IN A "C-1 LOCAL BUSINESS DISTRICT": Mayor Boyer read the above and foregoing caption.
July 9, 2007 New Braunfels Regular City Council Meeting 7
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Planning Director Robbins displayed a site plan that would be incorporated into the ordinance and noted that there was no opposition to the request and that the Planning and Zoning Commission had recommended approvaL
Mayor Boyer then opened the floor to public input.
Tri Le of 1719 SH 46 South, New Braunfels, Texas, the applicant in this matter, informed City Council that his objective was to turn his garage into a retail shop and leave the house as is. Mr. Le made reference to the parking locations on the property and noted that trees would be added to the property.
Following no further public input, Mayor Pro-tem Pospisil moved to close the public hearing. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.
Councilmembers then took the opportunity to gather more information regarding fortification of the proposed retail shop and parking on the subject property.
Mayor Pro-tem Pospisil then moved to approve the first reading of this ordinance as presented. Councilmember Zapata seconded the motion which was unanimously approved by City Council.
SECOND AND FINAL READING OF AN ORDINANCE REZONING AN AREA BOUNDED GENERALLY BY CROSS STREET, STONEWALL STREET. GRAPE AVENUE AND LIVE OAK AVENUE, KNOWN AS AREA 4, FROM "R-3 MULTIFAMILY DISTRICT" TO "R-1A-6.6 SINGLE-FAMILY DISTRICT": Mayor Boyer read the above and foregoing caption.
Planning Director Robbins noted that this item had been placed under individual items for consideration due to a "no" vote on the first reading of this ordinance on June 25, 2007.
Following no public input from the audience, Councilmember Krueger moved to approve the second and final reading of this ordinance as presented. Councilmember Zapata seconded the motion which was approved by the following roll call vote; A YES: Councilmembers Wiggins, Krueger, Zapata, Goodner, and Mayor Boyer; NAYS: Mayor Pro-tem Pospisil.
Ordinance No. 2007-61
SECOND AND FINAL READING OF AN ORDINANCE REZONING 1095 W. BRIDGE STREET FROM "R-2 SINGLE AND TWO FAMILY DISTRICT" TO "C-1A NEIGHBORHOOD BUSINESS DISTRICT", WITH AN ADDITIONAL RESTRICTION: Mayor Boyer read the above and foregoing caption.
· Planning Director Robbins noted that this item had been placed under
July 9, 2007 New Braunfels Regular City Council Meeting 8
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individual items for consideration due to a "no" vote on the first reading of this ordinance on June 25, 2007.
Mayor Pro-tem Pospisil moved to approve the second and final reading of this ordinance as presented. Councilmember Wiggins seconded the motion.
Mayor Boyer opened the floor to public input.
John Schwab, applicant in this matter, stated that he and his wife wanted to retain the 24 year heritage of the property, beautify the area, and fully comply with all licensing and zoning requirements.
Following Mr. Schwab's comments, City Council approved the second and final reading of this ordinance as presented by the following roll call vote; AYES: Councilmembers Krueger, Zapata, Goodner, Pospisil, Wiggins, and Mayor Boyer; NAYS: None.
Ordinance No. 2007-62
DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Chief Financial Officer Korinchock informed City Council that the "notice of intention" resolution would begin the process to sell $17.5 million in certificates of obligation for various projects. She stated that the notice of the sale would be published twice in the newspaper and mentioned that Fulbright and Jaworski, bond counsel, along with Southwest Securities, Inc., financial advisors for the City, would be assisting with the sale.
It was noted that the debt issuance would be used to fund the following projects:
Projects included in the $15 million:
Gruene Bridge Replacement (ROW and Construction) Walnut Avenue Extension to Klein Road (Construction) Walnut Avenue Widening (Engineering) Katy/Mesquite (Construction) Highway 46 Improvements (ROW) Landa Park Restrooms Improvements (Construction) Park Land Purchases and Improvements Fire Station #2 (Engineering) Fire Station #6 (Construction and Equipment)
July 9, 2007 New Braunfels Regular City Council Meeting
$150,000 $3,620,000 $400,000 $1,800,000 $494,000 $200,000 $4,000,000 $300,000 $3,000,000
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Reconstruction and Extension of Airport Runway 17-35 Reconstruction of Aircraft Parking Ramp Contingencies
TOTAL
Landa Park Spring Fed Pool Improvements Golf Course Irrigation and Greens Improvements Landa Park Playground Improvements HEB Soccer Complex Improvements Skate Park Renovations Eikel Field Improvements Panther Canyon Improvements
TOTAL
$300,000 $848,000 $439,000 $648,000 $50,000 $115,000 $100.000 $2,500,000
Chief Financial Officer Korinchock concluded her presentation by referencing a timetable of events related to the debt issuance and noting that City Secretary Resendez would be publishing the first notice on Thursday of the present week. Chief Financial Officer Korinchock recommended that City Council approve the resolution as presented.
Following questions and comments from Councilmembers, Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Krueger seconded the motion.
Continuing with the item, Mayor Boyer announced that on August 27, 2007, City Council would be authorizing the ordinance to issue the Certificates of Obligation.
Next, City Manager Morrison responded to some concerns raised by Councilmembers regarding the status of some of the projects related to the 2003 Certificates of Obligation.
Mayor Boyer then opened the floor to the audience for public input. No input was received from the audience.
Following final comments from Councilmembers, City Council unanimously approved the resolution as presented.
Resolution No. 2007-R32
July 9, 2007 New Braunfels Regular City Council Meeting 10
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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 TO OFFER A $55,000 GRANT TOWARDS THE CREATION OF A MANUFACTURING TECHNOLOGY ACADEMY FOR JOB TRAINING AT THE CENTRAL TEXAS TECHNOLOGY CENTER TO ASSIST AREA HIGH SCHOOL STUDENTS IN OBTAINING A CERTIFICATION IN A SPECIFIC FIELD AND DUAL CREDIT TOWARDS A COLLEGE DEGREE: Mayor Boyer read the above and foregoing caption.
Monroe Miller of 780 Lockener, New Braunfels, Texas, Secretary for the New Braunfels Industrial Development Corporation, introduced this item to City Council noting that this was a public/private partnership.
Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Wiggins seconded the motion which was unanimously approved by City Council.
Resolution No. 2007-R33
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 TO MODIFY A PREVIOUS RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION PERTAINING TO IMPROVEMENTS TO GOODWIN LANE FOR THE KOONTZ-MCCOMBS INDUSTRIAL PARK PROJECT BY RAISING THE ALLOWED PROJECT DOLLAR AMOUNT FROM $965,553 TO $1 ,040,553; REDUCING THE GUARANTEED SQUARE FOOTAGE OF THE FIRST BUILDING TO 96,000 SQUARE FEET FROM. 105,600 SQUARE FEET; AND, DELAYING THE REQUIRED TIMING TO START ROAD CONSTRUCTION FROM JULY 17, 2007 TO NOVEMBER 17, 2007: Mayor Boyer read the above and foregoing caption.
Mayor Pro-tem Pospisil moved to approve the resolution as presented. Councilmember Krueger seconded the motion. ·
Monroe Miller of 780 Lockener, New Braunfels, Texas, Secretary for the New Braunfels Industrial Development Corporation, introduced this item to City Council noting that the 4B Board unanimously agreed to extend an additional $75,000 to this project.
Alex Yount of Koontz McCombs explained that after engineering site work commenced, an additional $266,000 was assessed for additional drainage issues and a road alignment. Mr. Yount reported that Koontz McCombs was very happy to receive the $75,000 in additional funding from the 4B Board.
July 9, 2007 New Braunfels Regular City Council Meeting 11
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Jay Patrick of 2123 Cornerstone Drive, New Braunfels, Texas, expressed his support for the resolution. ·
City Manager Morrison interjected that Koontz McCombs had requested that the roadway impact fees be waived for the project. He stated that since the 4B Board had provided funds, the intent of the roadway impact fee ordinance had been met and would be waived by the City of New Braunfels.
Following no further discussion, City Council unanimously approved the resolution as presented.
Resolution No. 2007-R34
DISCUSS AND CONSIDER THE FIRST READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS AMENDING SECTION 130-170, WATER RATES - REUSE WATER. OF THE CODE OF ORDINANCES PROVIDING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE: Mayor Boyer read the above and foregoing caption.
Roger Biggers, Executive Director of Water Services for New Braunfels Utilities (NBU), introduced this item to City Council noting that NBU wished to actively market the reuse water from its wastewater treatment plants. He continued by covering the proposed amendments to Section 130-170 of the Code of Ordinances regarding availability, rates, and the sale of reuse water. Mr. Biggers closed by stating that the proposed ordinance would provide the necessary guidance and protection for NBU, its reuse customers, and the citizens of New Braunfels and would provide NBU with the flexibility to actively market this resource.
Following questions and comments from Councilmembers, Mayor Pro-tem Pospisil moved to approve the first reading of this ordinance as presented. Council member Wiggins seconded the motion which was unanimously approved by City Council.
DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION OF THE CITY OF NEW BRAUNFELS, TEXAS CONSENTING TO THE INCLUSION OF CERTAIN TERRITORY OF THE CITY'S EXTRATERRITORIAL JURISDICTION TO BE INCLUDED IN THE PROPOSED EMERGENCY SERVICES DISTRICT NO.7, COMAL COUNTY. TEXAS: Mayor Boyer read the above and foregoing caption.
City Manager Morrison stated that currently the City of New Braunfels had an agreement with Comal County to provide fire service in the County. He noted that there were several areas in the County that were covered by emergency services districts which were taxing entities with sole purposes of generating revenue for the creation of rural fire establishments.
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City Manager Morrison noted that the City and County of Comal had been working together towards future service for the area delineated on the attached map. He further noted that under the current agreement, the County was providing jail space for city inmates in exchange for fire protection services in the County. City Manager Morrison stated that a petition had been circulated for the creation of an emergency services district that would cover particular geography within the City's ET J, and that by law, the city was required to consent to the proposed district.
City Manager Morrison closed by mentioning that several options had been discussed with the County which included the emergency services district contracting back with the City. He noted that the enclosed resolution would allow for the creation of a District within the City's ET J and allow the County to move forward with an election in
'November. ·
Councilmember Wiggins moved to approve the resolution as presented. Mayor Pro-tem Pospisil seconded the motion which was unanimously approved by City Council.
Resolution No. 2007-R35
EXECUTIVE SESSION - CONSULTATION WITH CITY'S ATTORNEY IN , ACCORDANCE WITH SECTION 551.071, OF THE TEXAS GOVERNMENT CODE, PENDING LITIGATION - STOP THE ORDINANCES PLEASE v. CITY OF NEW BRAUNFELS: Mayor Boyer announced that the executive session would not be necessary and not addressed at this evening's meeting.
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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 7:44 p.m.
Date Approved: July 23, 2007
By: BRUCE BOYER, MAYOR
July 9, 2007 New Braunfels Regular City Council Meeting 13
Attest:
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July 9, 2007 New Braunfels Regular City Council Meeting 14
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AGENDA CAPTiON:
AGENDA#: 2
Susan Rocha, Atty. with Denton, Navarro, Rocha & Bernal, will give a brief presentation on legislative happenings.
RATIONALE:
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AGENDA CAPTION:
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:
Item A
VARIOUS JULY 23, 2007
Description APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF THE STOP SIGNS WITHIN SHEPHERDS GLENN SUBDIVISION AND QUAIL VALLEY SUBDIVISION, WITHIN THE CORPORATE LIMITS OF THE CITY OF NEW BRAUNFELS.
APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR 1719 SH 46 SOUTH FOR THE JOINT USE OF A SINGLE FAMILY RESIDENCE AND RETAIL GUN SHOP IN A "C-1 LOCAL BUSINESS DISTRICT".
APPROVAL OF THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS AMENDING SECTION 130-170, WATER RATES- REUSE WATER, OF THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS PROVIDING A SAVINGS CLAUSE AND
· DECLARING AN EFFECTIVE DATE. APPROVAL OF A CONTRACT FOR DEMOLITION SERVICES ON BUILDINGS APPROVED TO BE DESTROYED OR CLEARED.
APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS FINDING THAT NO UPDATE TO WATER AND WASTEWATER IMPACT FEES IS NECESSARY.
APPROVAL OF A PURCHASE FROM VIRCO, OFFICE FURNITURE INTERIORS, INC. AND NATIONAL BUSINESS FURNITURE FOR THE CONVENTION/CIVIC CENTER FURNITURE.
APPROVAL OF AN APPOINTMENT TO THE CITY OF NEW BRAUNFELS HISTORIC LANDMARK COMMISSION FOR AN UNEXPIRED TERM ENDING APRIL 7, 2010.
APPROVAL OF AN APPOINTMENT TO THE CITY OF NEW BRAUNFELS WATER/WASTEWATER IMPACT ADVISORY COMMITTEE, REQUIRING RESIDENCE IN THE ET J OF THE CITY OF NEW BRAUNFELS, FOR A TERM ENDING JANUARY 10, 2010.
APPROVAL OF A CONTRACT WITH CH2M HILL FOR CONSTRUCTION INSPECTION SERVICES AND PLAN REVIEWS TO BE REIMBURSED BY THE DEVELOPERS OF CREEKSIDE- NEWQUEST PROPERTIES.
~ttachments: yes
VARIOUS 4 (A-1)
Source Status J. Ballowe, Passed Interim Public unanimously at the Works Dir. July 9th meeting.
Planning Dept. Passed unanimously at the July 9th meeting.
Paula Passed DiFonzo/Reger unanimously at the Biggers, NBU July 9th meeting.
R. Kinsey, Bldg. See Briefing Sheet Officiai/M. Quinones, Purchasing Mgr. R. See Briefing Sheet Biggers/NBU
M. Quinones, See briefing sheet Purchasing on bids. Mgr.
A. Smith, Appointment to fill Deputy City vacancy on the Sec. Historic Landmark
Commission A. Smith, Appointment to fill Deputy City term on the Sec. Water/Wastewater
lAC, as required by Code.
B. Kinsey, Bldg, See Briefing Sheet Off.
Agenda Item #: 4(A-1)
ORDINANCE NO. 2007-__
AN ORDINANCE AMENDING ORDINANCE NUMBER 75-10 DATED APRIL 28, 1975 TO APPROVE THE INSTALLATION OF STOP SIGNS WITHIN SHERPHERDS GLENN SUBDIVISION AND QUAIL VALLEY SUBDIVISION, WITHIN THE CORPORATE UMITS 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: 872 On the SE corner of SEITLERS CROSSING at PAHMEYER ROAD to cause traffic to stop prior
to entering PAHMEYER ROAD.
873 On the NE corner of PAHMEYER ROAD at SEITLERS CROSSING to cause traffic to stop prior to entering SEITLERS CROSSING.
874 On the SW corner of PAHMEYER ROAD at SEITLERS CROSSING to cause traffic to stop prior to entering SEITLERS CROSSING.
875 On the SE corner of SHEPHERDS GLEN at SEITLERS CROSSING to cause traffic to stop prior to entering SEITLERS CROSSING.
876 On the NW corner of LONESOME QUAIL DRIVE at BLUEBIRD RIDGE DRIVE to cause traffic to stop prior to entering BLUEBIRD RIDGE DRIVE.
877 On the SE corner of LONESOME QUAIL DRIVE at Bluebird Ridge Drive to cause traffic to stop prior to entering BLUEBIRD RIDGE DRIVE.
878 On the NW corner of BLUEBIRD RIDGE DRIVE at LONESOME QUAIL DRIVE to cause traffic to stop prior to entering LONESOME QUAIL DRIVE.
879 On the SE corner of MORNING QUAIL DRIVE at WREN BROOK DRIVE to cause traffic to stop prior to entering WREN BROOK DRIVE
880 On the NE corner of WREN BROOK DRIVE at BLUE JAY DRIVE to cause traffic to stop prior to entering BLUE JAY DRIVE.
Page 1 of3
21
881 On the SW corner of WREN BROOK DRIVE at MORNING QUAIL DRIVE to cause traffic to stop prior to entering MORNING QUAIL DRIVE.
882 On the SW corner of MORNING QUAIL DRIVE at STARLING CREEK DRIVE to cause traffic to stop prior to entering STARLING CREEK DRIVE.
883 On the NE corner of MORNING QUAIL DRIVE at STARLING CREEK DRIVE to cause traffic to stop prior to entering STARLING CREEK DRIVE
884 On the NW corner of STARLING CREEK DRIVE at MORNING QUAIL DRIVE to cause traffic to stop prior to entering MORNING QUAIL DRIVE.
885 On the SE corner of STARLING CREEK DRIVE at MORNING QUAIL DRIVE to cause traffic to stop prior to entering MORNING QUAIL DRIVE.
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.
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 July 9, 2007.
PASSED AND APPROVED: Second reading this the day of July 23, 2007.
CITY OF NEW BRAUNFELS, TEXAS
BRUCE BOYER, MAYOR
APPROVED AS TO FORM:
Page 3 of3
ORDINANCE NO. 2007-
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR 1719 SH 46 SOUTH FOR THE JOINT USE OF A SINGLE FAMILY RESIDENCE AND RET AIL GUN SHOP IN A "C-1 LOCAL BUSINESS DISTRICT.
WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of notice
of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and
WHEREAS, in keeping with the spirit and objectives of a Special Use Permit, the City Council has
given due consideration to all components of said permit; and
WHEREAS, the City also recognizes that granting such a permit is possible while promoting the
health, safety, and general welfare of the public, by providing harmony between existing zoning districts and
land uses; and
WHEREAS, it is the intent of the City to ensure for the health, safety and general welfare of the public
by providing compatibility and orderly development, which may be suitable only in certain locations in a zoning
district through the implementation of a site plan delineating those requirements cited in Sections 3.6-2 and
3.6-3, Chapter 144, of the New Braunfels Code of Ordinances; and
WHEREAS, the City Council desires to grant a "Special Use Permit" for 1719 SH 46 S. to allow
residential and retail uses on the same lot in a "C-1 Local Business District"; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS:
SECTION 1
THAT Sections 3.6-2 and 3.6-3, Chapter 144 of the New Braunfels Code of Ordinances and
particularly the Zoning Map of the City of New Braunfels, are revised by adding the following described tract of
land as a "Special Use Permit" for the uses and conditions herein described:
Permit.
"Being Lot 1 of the Fireside Inn Subdivision, located at 1719 SH 46 S., to allow residential
and retail uses on the same lot in a "C-1 Local Business District and attached as Exhibit "A".
SECTION2
THAT a Site Plan with Standards, attached as Exhibit "B" is adopted as part of the Special Use
SECTION3
THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or
repealed shall remain in full force and effect.
24
SECTION4
THAT all other ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the
extent that they are in conflict.
SECTIONS
THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided
that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.
SECTION 6
THIS ordinance will take effect upon the second and final reading of same.
PASSED AND APPROVED: First Reading this the 251 h day of June, 2007.
PASSED AND APPROVED: Second Reading this the gth day of July, 2007.
CITY OF NEW BRAUNFELS
APPROVED AS TO FORM:
ALAN C. WAYLAND, City Attorney
U:\Pianning\Ordinances\Special Use Permits\Le 1719 SH 46 S SUP.ord.doc
2
L
--~ ~r;.
\
BEING 1.834 ACR£5 OUT OF THE A.M. ESNAURIZAR ELEVEN
LEAGUE GRANT. GUA DALUP£ COUNTY, TEXAS.
HAAS 64.287 ACRES 1769/584 OR
w~ .., ----··--·
26
..r ... .v. 0.458 OF 0~ HAAS .-;., ,..._;::
AN ACRE Special Use Permit Standards
~87 ACRES 1{) 10 RESJJ)UE '/584 OR z z OF LOT I
s 36"13'54" E. 32.80' G~S) S 36'14'52" E J2.75 CALLED /\ ..9.. ~
METAL ~ ..... ---~U£T.~"L.~ >. GJ .
P(b:>(i:>~ ---t.lt--~
• The detached garage will be finished out to be used as a store front for a gun shop.
• The existing building will not be expanded. • Pave driveway and parking areas with
asphalt • Driveway will be one-way. • A minimum of four parking spaces will be
provided for the retail use and two parking spaces for the residential use.
• The driveway in front of the store will be 32ft. wide.
• All trees will remain. • An additional 5 trees will be planted. • A 6-8 ft. fence will be installed .
WRICHT RESIDUE OF
t} • CoM f.'\, OR
I r:rtAJr f'"'f.IOO ¥
ORDINANCE NO. 2007 •
AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING SECTION 130-170, WATER RATES- REUSE WATER, OF THE CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS, PROVIDING A SAVINGS CLAUSE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of New Braunfels, Texas, has established an
ordinance containing the rules, regulations, and policies and rate provisions
affecting the New Braunfels Utilities water service system, its furnishing of
services, and the operation of said system, and which ordinance has been
codified in Chapter 130, Article IV, Code of Ordinances of the City of New
Braunfels; and
WHEREAS, the Ordinance currently requires approval by the city council
of any contract between NBU and any customer proposing to use reclaimed
water; and
WHEREAS, the Board of Trustees of the New Braunfels Utilities finds that
it is necessary and advisable that certain sections of such chapter of the Code of
Ordinances be amended; and
WHEREAS, the City Council determines that it is necessary and advisable
to amend Section 130-170 of the Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEW BRAUNFELS, TEXAS THAT:
28
I.
Section 130-170 of the New Braunfels Code of Ordinances is hereby repealed as it exists and amended to read as follows:
Sec. 130-170. Water rates- Reuse water.
1) Availability. Reuse water service is available under the rules, regulations, and policies, as set by contract and approved by the NBU board of trustees. Contracts for reuse water service will be approved only when reuse water supplies are sufficient, as determined by NBU, to satisfy the requirements of the contract.
2) Rates. The rate for sales of reuse water shall be established by contract between NBU and any customer proposing to use reuse water. The rate set by contract shall not be less than the marginal cost to serve that customer.
3) Sa/e. The sale of reuse water shall be in accordance with and subject to the regulations of the Texas Commission of Environmental Quality (TCEQ) and applicable statutes.
II.
If any of the provisions of this ordinance shall be held void or
unconstitutional, it is hereby provided that all other part of the same which are not
held void or unconstitutional shall remain in full force and effect.
Ill.
All other ordinances or parts of ordinances in conflict herewith repealed to
the extent that they are in conflict.
IV.
\ )
29
PASSED AND APPROVED: First reading this the gth day of July 2007.
PASSED AND APPROVED: Second reading this the 23rd day of July 2007.
CITY OF NEW BRAUNFELS, TEXAS
BY: --------------------R. BRUCE BOYER, MAYOR ATTEST:
MICHAEL A. RESENDEZ, CITY SECRETARY
APPROVED AS TO FORM:
30
SUBJECT MATTER/PROJECT: AWARD OF PURCHASE WITH JR RAMON & SONS, INC.
ORIGINATING DEPARTMENT: Planning/Purchasing PRESENTER: Bob Kinsey/Mary Quinones
COUNCIL DATE: July 23, 2007 AGENDA#: 4 [D)
---------------------------------AGENDA CAPTION: APPROVAL OF A CONTRACT FOR DEMOLITION SERVICES ON BUILDINGS APPROVED TO BE DESTROYED OR CLEARED.
RATIONALE: The City of New Braunfels is entering into a contract with JR Ramon & Sons, Inc for demolition services. These services will be used when a building has been declared abandoned by the building standards committee. This contract will furnish all supervision, technical personnel, labor, materials, machinery, tools equipment, permits, services and transportation services to perform and complete all work required to remove and clear lot.
This is a requirements type contract and will be used when needed. The demolition pricing is based on square foot with and without asbestos.
There were 6 bidders on this solicitation. Three of the bidders did not acknowledge the amendment which included an entirely new bid sheet. We could not compare their pricing with the bidders who responded to the solicitation correctly.
fiSCAL IMPACT: This service is include in the Planning Department Building Division Budget.
STAFF RECOMMEND/HiON: APPROVE A CONTRACT WITH JR RAMON & SONS, INC. FOR DEMOLITION SERVICES ON BUILDINGS APPROVED TO BE DESTROYED OR A LOT CLEARED.
Attachments:
Finance: --------
31
COUNCIL AGENDA ITEM
SUBJECT FINDING THAT NO UPDATE TO WATER AND WASTEWATER IMPACT FEES MATTER/PROJECT: _I=S~N~E~C=E=S=S~A~RY~-------------------------------------- ORIGINATING DEPARTMENT: PLANNING PRESENTER:
COUNCIL DATE: JULY 23, 2007 AGENDA#:
AGENDA CAPTION: APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS FINDING THAT NO UPDATE TO WATER AND WASTEWATER IMPACT FEES IS NECESSARY.
RATIONALE: In accordance with state impact fee law, New Braunfels Utilities conducted a study regarding the necessity for updating water and wastewater impact fee land use assumptions and capital improvements. State law calls for this study every five years. That study is available in the Planning Department. The study found that current water and wastewater impact fees are lower than the maximum fees that could be charged if a full update of the fees were performed. NBU also intends to conduct another major update in two years. The NBU Board and the Water and Wastewater Impact Fee Advisory Board are not recommending that fees be increased and therefore recommends that no change to the fees, land use assumptions, or capital improvement plan be made.
FISCAL IMPACT: None.
BOARD RECOMMENDATION: The NBU Board and the Water and Wastewater Impact Fee Advisory Committee recommend approval of the resolution.
STAFF RECOMMEND.~TION: Approval.
Finance: _n;.:.;./a~---r/ __ _
RESOLUTION NO. 2007R-
A RESOLUTION OF THE WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE OF THE CITY OF NEW BRAUNFELS FINDING THAT NO UPDATE TO WATER AND WASTEWATER IMPACT FEES IS NECESSARY.
WHEREAS, New Braunfels Utilities have performed a technical study regarding the necessity for updating land use assumptions and capital improvements included in the calculation of water and wastewater impact fees, including a review of the capital improvements plan by a qualified professional engineer licensed to perform professional engineering services in Texas; and
WHEREAS, such study has concluded that the current water and wastewater impact fees are lower than the maximum fees which would be allowed if a full update of the fees were performed; and
WHEREAS, the New Braunfels Utilities Board of Trustees will not increase the amount of fees collected at this time; now, therefore
BE IT RESOLVED BY THE WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE:
THAT, the Committee hereby finds that no change to the water and wastewater land use assumptions, capital improvements plan, or impact fee is necessary, and requests that the City Council of the City of New Braunfels, Texas, make a similar finding, by resolution, according to the requirements of Chapter 395 of the Texas Local Government Code.
PASSED, ADOPTED AND APPROVED this the 3rd day of July, 2007.
MIKE YBARRA,
U:\Pianning\Resolutions\Water-Wastewater Impact Fees update P&Z 7-07.doc
33
WATER AND WASTEWATER IMPACT FEE ADVISORY COMMITTEE Regular Meeting Minutes
July3, 2007
Frank Robbins, Director of Planning Matt Greene, Planner
0. Daniel Castillo Judith Dykes-Hoffmann Jan Kotylo Sandy Nolte Derek Seidel Paula DiFonzo, NBU (ex-officio)
MEMBERS ABSENT: R. Bruce Boyer, Mayor (ex-officio) Atanacio Campos, NBU (ex-officio) Randy Haugh (ET J) Mike Ybarra, Chairman Fred Heimer
*arrived at 6:34p.m.
Jocelyn Murphy, Planner "Sam" Sarske, Planning Tech. Manuel Razo, Planning Tech.
OTHERS PRESENT: Roger Biggers, NBU
The above meeting was called to order by Vice Chairman Vanstory at 6:30 p.m. in the New Braunfels Municipal Building, City Council Chambers.
APPROVAL OF MINUTES Motion by Commissioner Nolte, seconded by Commissioner Kotylo, to approve the regular meeting minutes of March 6, 2007. The motion carried unanimously. (7-0-0)
DISCUSSION AND ACTION ITEM Consider a recommendation to City Council concerning the update of water and wastewater impact fees, land use assumptions and capital improvement plan. Roger Biggers, Executive Director of Water Services for New Braunfels Utilities, briefed the Committee on the specific requirements of Chapter 395 of the Local Government Code. He explained that a review and update of the fee program as required by Chapter 395 had been conducted. The result of the study found that no change to the water and wastewater land use assumptions, capital improvements plan, or impact fee was necessary and the NBU Board of trustees passed a resolution to that effect on May 31, 2007.
Motion by Chairman Nolte, seconded by Commissioner Kotylo, recommending that City Council make no changes to the water and wastewater land use assumptions, capital improvements plan, or impact fee. The motion carried unanimously. (7-0-0)
ADJOURNMENT There being no further business, the meeting adjourned at 6:35p.m.
Vice Chairman Date
34
RESOLUTION NO. 2007R-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, FINDING THAT NO UPDATE TO WATER AND WASTEWATER IMPACT FEES IS NECESSARY
WHEREAS, the governing body of the City of New Braunfels has appointed an Advisory Committee, as per the provisions of Chapter 395 of the Texas Local Government Code, to guide the development of planning, land use, capital improvements plan and impact fee information for the existing and future water and wastewater utilities; and
WHEREAS, the Impact Fee Advisory Committee has reviewed a technical study performed by a qualified planner regarding the necessity for updating land use assumptions and capital improvements included in the calculation of water and wastewater impact fees, including a review of the capital improvements plan by a qualified professional engineer licensed to perform professional engineering services in Texas; and
WHEREAS, such study has concluded that the current water and wastewater impact fees are lower than the maximum that would be allowed if a full update of the fees were performed; and
WHEREAS, the New Braunfels Utilities Board of Trustees does not intend to change the amount of the ifT!pact fees at this time; and
WHEREAS, the New Braunfels Utilities Board of Trustees and the Impact Fee Advisory Committee have recommended to the City Council that no update to impact fee land use assumptions, capital improvements plan or impact fee is necessary; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:
THAT, the governing body of the City of New Braunfels hereby finds that no change to the water and wastewater land use assumptions, capital improvements plan, or impact fee is necessary, and directs the City Manager to publish public notice of such findings pursuant to the requirements of Chapter 395 of the Texas Local Government Code after the fifth business day following the filing of the Impact Fee Advisory Committee's comments.
PASSED, ADOPTED AND APPROVED this the 3rd day of July, 2007.
CITY OF NEW BRAUNFELS, TEXAS
BY: ___________ _ R. BRUCE BOYER, Mayor
ATTEST:
U:\Pianning\Resolutions\Water-Wastewater Impact Fees update P&Z 7-07.doc
35
\} SUBJECT AWARD OF PURCHASE WITH VIRCO. OFFICE FURNITURE INTERIORS, INC, MATTER/PROJECT: AND NATIONAL BUSINESS FURNITURE
ORIGINATING DEPARTMENT: Purchasing PRESENTER: Mary Quinones
COUNCIL DATE: July 23, 2007 AGEl
AGENDA CAPTION: APPROVAL OF A PURCHASE FROM VIRCO, OFFICE FURNITURE INTERIORS, INC. AND NATIONAL BUSINESS FURNITURE FOR THE CONVENTION/CIVIC CENTER FURNITURE.
RATIONALE: The City released an invitation for bid for tables, chairs, dollies and stage equipment for the expanded Convention/Civic Center on June 5, 2007. The specifications in the bid were provided by the architect for the project and reflect the consensus of the project's building committee in terms of the look and required durability of the furniture and equipment. The committee identified tables and chairs from Kruger International as having quality, fabric, construction and look that met their requirements. The bid required vendors to bid that or an "or equal" and for vendors to provide actual samples to show they met the "or equal" requirement. The bid was sent to approximately 50 vendors; 9 vendors responded. Because the City had very specific "or equal" requirements for the furniture, the bids received were carefully scrutinized to ensure the furniture met or exceeded those requirements. Not all vendors' furniture did. Staff has proposed awarding the bid to the companies with the lowest price that met or exceeded the bid specifications.
Staff proposes to award Vireo line items 1, 2, 3, 4 and 5 (see attached bid tab) for the folding tables and the storage devices for a total cost of $82,776.17. The Vireo tables are an "or equal". They contain the same salient characteristics as the Kruger International tables. Both contain the corrugated center, have metal to metal attachments for the legs, and have the edge molding bumper and an ASS plastic top. Workspace Solutions, another bidder, had a lower price for tables and storage devices; however, their tables did not meet the "or equal" requirement.
Staff proposes to award Office Furniture Interiors, Inc. line items 6, 7 and 8 for the stacking chairs and chair dollies. Their chairs were an "or equal." Lower price bids did not meet the requirements and specifications for the chairs. Office Furniture Interiors, Inc. quote is $90 each for a chair in chrome. The requirement is for a black frame chair; Office Furniture will provide this chair at $85 each. The total price for the chairs and the dollies for storage will be $183,509 from Office Furniture Interiors, Inc.
National Business Furniture is proposed to be awarded line items 9, 10 and 11 for the portable carpet stage, steps and skirting. By evaluating the brochures and the specifications submitted, National Business Furniture products are considered an "or equal" and accepted. The total price for the carpeted stage, steps and skirting is $7,322.92.
The total cost for the tables, chairs and stage equipment for the Convention/Civic Center is $273,608.09. All three companies have a delivery date of 10 weeks or less. This schedule will facilitate the delivery of the items prior to the current projected opening date of the facility.
FISCAL IMPACT: The budget for the Convention/Civic Center includes $212,000 for furniture. The cost of this bid award ($273,608) exceeds the budget by $61 ,608. Sufficient funds are available in the Convention/Civic Center Capital Improvement Fund adopted budget to fully fund this purchase. Interest income generated in the fund can provide the additional amount needed.
STAFF RECOMMENDATION: APPROVE A PURCHASE FROM VIRCO, OFFICE FURNITURE INTERIORS, INC. AND NATIONAL BUSINESS FURNITURE FOR THE CONVENTION/CIVIC CENTER FURNITURE.
Finance: Agenda Item #: ---'-M+-'(...,.f-_0~...--__ Attachments: Council Date: _J::...:u::.Liy-=2=3,-=2~00:..:.7 __ _
t"'rtCe I CIUUIC::I.UUII rut Ill
C1ty of New Braunfels
Opened/ Closed· 22-Jun-07 Kruger lnt'l For C1v1c Center Furmture (KI)
Item Qty l UOII 1 !U I: a
MFG Model
2 230 1 Ea
MFG Model Total
MFG Model
MFG Model
MFG Model
11 96 Ea
Descnption
Descnption
I Descnption
I Descnption
Description
Description
I Descnption
I Description
I Description
Pnce
$1,316.48
AGENDA CAPTION:
APPROVAL OF AN APPOINTMENT TO THE CITY OF NEW BRAUNFELS HISTORIC LANDMARK COMMISSION FOR AN UNEXPIRED TERM ENDING APRIL 7, 2010.
Vacancy Notices were posted on the bulletin board and website. We received one application to fill the vacancy on the HLC. Mr. Donald Forres, 477 W. Mill is the only applicant for this vacancy. Mr. Forres is currently serving the City on the TIRZ Board of Directors.
N/A
37
Name: •
Street Address: ~/7 w. yV\, ,,
Phone Number: fi>:>~b'2..~·oSb~ Home ca3o-2.~7 -4\9 0 Business
Employer: t.eotte-s Qc~~t;_> J \~,·~.tL.~ G<:: \\ Occupation:
r •
Business Address: ::>c,~ w. s~"' ~~"''~ st. How long have you been a resident of New Braunfels? _ __,:l-"'--"\.....__1+---C-=$_,. _____ _
Are you a qualified voter of the City?_---'~Pe,.........,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.
B.s. B"~'~e~~ Tt~ll\:ty uii\~Ju., :+, l~iS J ve G~ll ~J·~j~ ~o-S~ I
Catt~ro\\u Go~ '~~t;. \CJ'lj- lt;c;o, o~ h.tre~ ~f~~~ I . ... . ' ' . .. ~:S~&.t.-k Gf, \' > 2..~ ~·''··"' s--.~t, '"' ~ \..._,~+-t.J,c... ~-LrA,-i,
Jc; (2::. -~\t.L\ \141\ \e,,c:: b- e~ ~J ~' ~,·'- (olclcft. cz~~.eA ~ve..I 3'::> b..:.loh ...... ~ kok'll&.~ ~...;,_ c:l_:>~"\~W~ .J. .
Please state why you wish to serve the City of New Braunfels as a member of a board, commission, or committee. Use attachments, if necessary. ·
• I I 1 .· ' .I .S. -.-. t
HJ.>r.J,\... c~IN\.....,,~~·C)- ;"" ~ CJo . l~y, pre.,.e- c.o'--"""'~\•.o--
~ct t, r-ee-\ '? se.1 ~ ktL 5<" o""""'~~~I \( :f:tr .S-oW\ L l C\~ { ,;,_~ C•V\.-\-lo\o; I ,\1\·,JL.t,._ ... ~ ~'kA-t '-o), \) he..\f rro+u.t 0'-'.(
PLEASE COMPLETE BACK PAGE . . \e..~~'"'-\\ \...a..t ~ k~e.. -r +c..._' 4--~-t :r 'h4.J~ Q., lc.\1\,~ \A..IL
C. o W\. b • ~#\. -\-, .:-._ 0 f b 14. ~' ~e.>') '- (: ~-" ~ W \A.C h_ ~ ~ 11.-~ ~ : \\ 'oe.~ A>. t +"' ~ ~ ~ r o~~s •
38
Do you currently seiVe on a City board or commission? Yes. ___ _ No ..,('
If yes, which board or commission? ____________________ _
Howlong? _________ ~--------------------------------------------- Do you have any relatives who work for the City of New Braunfels? Yes __ No_.K:_
lfso,who? ________________________________ _
Do you receive any direct compensation or gain from the City of New Braunfels?
Yes __ No__}( Ifso,whattype? ___________________________________ _
Do you receive any direct compensation or gain from any governmental body?
Yes __ No~
Ifso,whattype? ___________________________________________________ _
If selected by the New Braunfels City Council, on which boards/commission would you be willing to seiVe? Please be specific. lbis 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.
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COUNCIL DATE: July 23,2007 AGENDA#: 4(H)
AGENDA CAPTION:
APPROVAL OF AN APPOINTMENT TO THE CITY OF NEW BRAUNFELS WATER/WASTEWATER IMPACT ADVISORY COMMITIEE, REQUIRING RESIDENCE IN THE ET J OF THE CITY OF NEW BRAUNFES, FOR A TERM ENDING JANUARY 10, 2010.
RATIONALE:
Vacancy Notices were posted on the bulletin board and website. We received one application to fill the vacancy on the Water/Wastewater Impact Advisory Committee. Mr. Randy Haugh, current representative, has filed for re-appointment.
FiSCAL IMPACT:
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NAME ,b(.qJV% /I -"luG t.f i
STREET ADDRESS /2cJ I -1/9/)11 /)~11/E PHONE NUMBER &:3o-ttzo- t:./7ol HOME c;2._(i)~ 7 7/.- fi S 7 8' BUSINESS
EMPLOYER SELF OCCUPATION C U.S. I i2 JI1A HomE IS u ~~;(}£~ BUSINESS ADDRESS SA/hE HOW LONG HAVE YOU BEEN A RESIDENT OF NEW BRAUNFELS? lc?~.e.s. Er::r ARE YOU A QUALIFIED VOTER OF THE CITY? A.Jo
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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PLEASE STATE WHY YOU WISH TO SERVE THE CITY OF NE~RAUNFELS AS A MEMBER OF A BOARD, COMMISSION, OR
COMMITTEE. USE ATTACHMENTS, IF NECESSARY. ~()(/I~ C IN ..S I<:::; H c-r- .#] /(..)~ I E ~ /h~ /2 t F- AJC IS I Af I"'} A) :Z:. /1/ T r:; c._ L 16r::.=-A./T tu A Vl
DO YOU CURRENTLY SERVE ON A CITY BOARD OR C~MISSION? 11){) IF YES, WHICH BOAA;/ AOMMISSION? /U I HOW LONG?
DO YOU HAVE ANY Rit!T'/J.S WHO WORK FOR THE CITY OF NEW BRAUNFELS? /Ub IF YES, WHO?
DO YOU RECEIVE ANY D'm_Cl ;tfMPENSATION OR GAIN FROM THE CITY OF NEW BRAUNFELS? tUo IF SO, WHAT TYPE? .
/{)0 DO YOU RECEIVE ANY /OEJ!\COMPENSATION OR GAIN FROM ANY GOVERNMENTAL BODY?
IF SO, WHAT TYPE?
IF SELECTED BY THE N~W BRAUNFELS CITY COUNCIL, ON WHICH BOARDS/COMMISSIONS WOULD YOU BE WILLING TO SERVE? PLEASE BE SPECIFIC. THIS APPLICATION WILL REMAIN ACTIVE FOR NINETY (90) DAYS, UNLESS YOU ARE APPOINTED TO A BOARD OR COMMISSION. YOU MUST REAPPLY, IF YOU WOULD LIKE TO BE CONSIDERED FOR ANOTHER BOARD OR CPMMISSION.
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ORIGH\IATING DEPARTMENT: Planning PRESENTER: Bob Kinsey
COUNCIL DATE: July 23, 2007 AGENDA#: trt) ...
AGENDA CAPTION: APPROVAL OF A CONTRACT WITH CH2M HILL FOR CONSTRUCTION INSPECTION SERVICES AND PLAN REVIEWS, TO BE REIMBURSED BY THE DEVELOPERS OF CREEKSIDE- NEWQUEST PROPERTIES.
RATIONALE: The City of New Braunfels is entering into a contract with CH2M Hill for construction inspection services. These services will be used exclusively for the Creekside Development Project. Creekside is a 265 acre mixed use development located at the northeast corner of Interstate 35 and Loop 306. The project's first phase is a retail development. Future phases may include hotel, office, assisted living and residential facilities. The project is being developed by Iowa-based Lockard Development and Texas-based Texas Commercial Interests. Lockard will service as the project construction manager/general contractor.
The City of New Braunfels will enter into a development agreement with New Quest Properties, that will include construction inspection services that the City will provide through a contract with a third party.
T,he staff is recommending that the City of New Braunfels enter into a contract with CH2M Hill to provide these inspection services. CH2M Hill will ensure the developers for Creekside are conforming to the plans and specifications approved by the City of New Braunfels when the City issued the building permit and to determine if the work conforms to the building codes and standards adopted by the City.
This contract contains the job specializations required for these inspection services and will be on an hourly payment basis. The job specializations are senior construction specialist, field inspectors, engineering/architectural support inspectors, senior construction manager/project manager and material testing technicians. These specialists will perform quality control inspections, quality assurance testing, records documentation and they may attend preconstruction conference, progress meeting, monitor contractor site safety and work project close out.
The contract is planned for a period of 24 calendar months.
FISCAL 11\.JlPACT~ The developers of Creekside (New Quest Properties) will provide funding in advance for these services. The funds will be put in an escrow account to be used when required.
STAFF RECOMMENDATIO~.: APPROVE A CONTRACT WITH CH2MHILL FOR CONSTRUCTION INSPECTION SERVICES AND PLAN REVIEWS, TO BE REIMBURSED BY THE DEVELOPERS OF CREEKSIDE - NEWQUEST PROPERTIES.
Finance: -------­
Attachments:
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ORIGINATING DEPARTMENT:
COUNCIL DATE:
AGENDA CAPTION:
AGENDA#:
DISCUSS AND CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH MCI AND SPRINT FOR THE EXCAVATION OF FIBER OPTIC CABLES TO HAVE A DRAINAGE FACILITY INSTALLED FOR THE CHURCH HILL IMPROVEMENT PROJECT
RATIONALE: The two reimbursement agreements set forth the terms and conditions for MCI and Sprint to protect or relocate their facilities along, over and/or under the Union Pacific Railroad right-of-way at Mile Post 224- 226 for the Church Hill Improvement Project.
FISCAL IMPACT: The City will be required to pay a reimbursement fee for the protection or relocation of MCI and Sprint's fiber optic cables in the amount of Eighteen Thousand One Hundred Eighty-four dollars ($18,184.00) for Sprint and One Hundred Fifty-five Thousand Eight Hundred Sixty dollars ($155,860.00) for MCI in accordance with the MCI and Sprint agreements. Funding for the two projects will come from the 2004 Certificate of Obligation for the Church Hill Improvement Project budget.
BOARD RECOMMENDATION: None.
STAFF RECOMMENDATION: Staff recommends City Council authorize the City Manager to execute the reimbursement agreements with MCI and Sprint for the protection or relocation of their fiber optic cables for the Church Hill Improvement Project at Mile Post 224-226 on the Austin Subdivision in New Braunfels, Comal County, Texas.
Finance: -------- Agenda Item #: ~If) Attachments: 0 pages Council Date: _--=..::Ju=ly-=2=3,'-=2=00;:.:.7 __
43
COUNCIL AGENDA ITEM
SUBJECT MATTER/PROJECT: Approval of plans to replace damage lighting at Hinman Island Park
ORIGINATING DEPARTMENT: Parks and Recreation PRESENTER: Stacey laird
COUNCIL DATE: July 23, 2007 AGENDA#:
AGENDA CAPTION: DISCUSS AND CONSIDER APPROVAL OF PLANS TO REP,L\IR DAMAGED LIGHTING .AT HINMAf\l ISLAND PARK.
RATIONALE: The Parks and Recreation Department has received cost estimates to replace lights damaged in the 2002 flood. This project will cost approximately $110,365 and will include new 12' poles, 175w Halide fixtures, repaired concrete bases, three new lamps for the bathroom/playground area, breakers and lighting controls, replace copper wiring and safety lighting for the restroom building. There will be 30 lights total in the park. Bids for this project will be received and awarded in August.
F!SCALIMPACT: Funds for this project are available in the Facilities Maintenance Fund that is a part of the current 2007 Budget.
BOft.RD RECOMMENDATiON:
Finance: -------- Agenda Item #: j(.~) Council Date: __ .7~ f.-.2-::_D;J_ Attachments:
-~---
AGENDA CAPTION:
Finance: -------- Agenda Item#: _6;::_ ____ _