CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE. MONDAY, AUGUST 9, 2010 at 6:00P.M.

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1 f" _,City of ~~New Braunfels CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE MONDAY, AUGUST 9, 2010 at 6:00P.M. R. Bruce Boyer, Mayor Richard Zapata, Councilmember (District 1 Mark Goodner, Councilmember (District 2 Mike Ybarra, Councilmember (District 3 Sandy Nolte, Councilmember (District 4 Kathleen Krueger, Mayor Pro Tern (District 5 Steven Digges, Councilmember (District 6 Michael Morrison, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging Community involvement and being responsive to those we serve. AGENDA CALL TO ORDER: CALL OF ROLL: August 9, 2010@ 6:0Q P.M. City Secretary PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG INVOCATION: Mayor Pro-Tern Krueger REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON CALL PERSONNEL. 1. MINUTES Pages 1-8 Consider approving the minutes of the regular meeting of July 26, (0. Batts, Interim City Secretary 2. CITIZENS' COMMUNICATIONS Page 9 This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time. (Mayor Boyer

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3 3. CONSENT AGENDA City Council Agenda August 9, 2010 Page 2 of 5 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. Resolutions & Action Items (A (B Approval of the appointment of Frank Witting, Gina Littrell, Andreas Lojewski, Martha Rehler, and lan Taylor to the New Braunfels Partnership Committee for terms ending August 1, 2013, and the appointment of Mary Irwin to the New Braunfels Partnership Committee for an unexpired term ending August 1, (D. Batts, Interim City Secretary Page 11 Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of a grant in an amount up to $370,837 to Ernest Health, Inc. for the training of up to 96 new employees. (A. Wayland, City Attorney Pages 13-16, (C Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of a grant in an amount of $72,500 to Central Texas Technology Center for the purchase of two portable buildings. (A. Wayland, City Attorney Pages (D (E (F (G Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of the modification and remediation of Hangar 2317 at the Airport in an amount of $70,000. (L. Llerena, Airport Director Pages Approval to authorize the City Manager to enter into a contract modification for changes in the professional services contract with Halff Associates, Inc. for the design of the North Tributary Flood Control Project. Pages ( J. Klein, City Engineer Approval of the renewal of the annual contract with J.R. Ramon and Sons, Inc. for demolition services. (M. Quinones, Purchasing Manager Page 27 Approval of the renewal of the annual contract with Osirus, Inc. for litter pickup for the Parks and Recreation Department. (M. Quinones, Purchasing Manager Page 29

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5 City Council Agenda August 9, 2010 Page 3 of 5 (H (I Approval of the renewal of the annual contract with Verizon Wireless for cellular phone service through the State of Texas D.I.R. contract. (M. Quinones, Purchasing Manager Page 31 Approval of a contract with the Federal Aviation Administration (FAA to fund and manage air traffic controllers at the New Braunfels Municipal Airport tower and authorize the City Manager to execute said contract. (V. Llerena, Airport Director Pages (J (K Ordinances (In accordance with Section 3.10 of the City's Charter, a descriptive caption of each ordinance shall be read on two separate days. Approval of the second and final reading of an ordinance amending Ordinance Number to approve installation of traffic control devices (stop signs at the SE corner of Wise Owl at Sparrow and the SE corner of White Wing Way at Roadrunner Avenue. (J. Klein, City Engineer Pages Approval of the second and final reading of an ordinance amending Ordinance Number to approve installation of traffic control devices (No Thru Truck Signs on Solms Road, Rueckle Road and Schmidt Avenue at the IH-35 N frontage road. ( J. Klein, City Engineer Pages ' 4. PRESENTATION (A Presentation by AACOG regarding regional services. (S. Mattingly, Planning and Community Development Director Page INDIVIDUAL ITEMS FOR CONSIDERATION (A (B Presentation, discussion and possible action regarding award of the Walnut Avenue Reconstruction Project construction contract to Texas Sterling Construction, L.P., authorization for the City Manager to execute this agreement and establishment of the project construction budget (0. Garza, Assistant City Engineer Pages Discuss and consider approval of a resolution approving a three year lease agreement with the option to renew for two (one year terms between the City of New Braunfels and Ruma Ltd. for the fire training division for approximately 8,500 square feet at an annual cost of $51,000 plus utilities. ( J. Robinson, Fire Chief Pages 49-50!This item was postponed from the City Council meeting.!

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7 (C (D (E (F (G (H City Council Agenda August 9, 2010 Page 4 of 5 Discussion and action regarding approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date. Pages (D. Korinchock, Support Services Director Discuss and consider approval of budget transfers and amendments in the General Fund, Airport Fund, Civic/Convention Center Fund and Capital Improvement Fund in the FY Adopted Budget. Pages (D. Korinchock, Support Services Director Discuss and consider approval of the installation of speed humps on Dove Crossing Drive in the 2000 and 2100 blocks. ( J. Klein, City Engineer Page 59 Discuss and consider the first reading of an ordinance amending Article Ill, Historic Landmark Preservation, Section , Tax Incentive, to extend the relief to properties located within locally designated historic districts and to waive building permit fees. (,S. Mattingly, Planning and Community Development Director Pages Consider the first reading of an ordinance granting a tax relief to the owner of the designated landmark located at 193 W. San Antonio Street, known as the Schmidt Store. (S. Mattingly, Planning and Community Development Director Pages Public Hearing and consideration of a resolution amending the 2006 Future Land Use Plan from "Commercial" to "Residential Low Density" and a second and final reading of an ordinance rezoning acres, located at 2230 Spur St., 2240 Spur St., and 184 Concepcion, from "C-3" Commercial District to "R- 2A" Single and Two-Family District. (S. Mattingly, Planning and Community Development Director Pages EXECUTIVE SESSIONS In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. (A (B Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 105 Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 105

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9 City Council Agenda August 9, 2010 Page 5 of 5 (C Deliberate pending/contemplated litigation, settlement offer(s, and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section , of the Texas Government Code. (A. Wayland, City Attorney Page 105 NOTE: The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act (Chapter 551 of the Texas Government Code. ADJOURNMENT CERTIFICATION

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11 1 MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 2010 The City Council of the City of New Braunfels, Texas, met in Regular Session on July 26, City Councilmembers present were: Mayor Bruce Boyer, presiding; and Councilmembers Richard Zapata, Mark Goodner, Sandy Nolte, and Steven Digges. City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, Interim City Secretary Danny S. Batts II, Planning and Community Development Director Shannon Mattingly, Public Works Director Steven Ramsey, Fire Chief John Robinson, Municipal Court Judge Sara Hartin, and Parks and Recreation Director Stacey Laird Dicke. The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 6:05 p.m. All Councilmembers were present except Mayor Pro Tern Krueger and Councilmember Ybarra. Mayor Boyer led the Pledge of Allegiance and the Salute to the Texas Flag and Councilmember Digges gave the invocation. 1. Minutes: Councilmembers considered approval of the minutes of the special meeting and the regular meeting of July 12, Councilmember Digges moved to approve the minutes as written. Councilmember Nolte seconded the motion which was unanimously approved by City Council. 2. Citizens' Communications: None. 3. Consent Agenda: Mayor Boyer read Consent Agenda items (A-H as listed below. Councilmember Goodner asked that item 3-D be pulled from the consent agenda and be considered separately. Councilmember Digges moved to approve the Consent Agenda as listed below, with the exception of item 3-D. Councilmember Nolte seconded the motion which was approved by the following roll call vote; AYES: Councilmembers Zapata, Goodner, Nolte, Digges, and Mayor Boyer; NAYS: None. (A Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to enter into a two (2 year professional services contract with The Greater New Braunfels Chamber of Commerce beginning October 1, Resolution 201 O-R33 July 26, 2010 New Braunfels Regular City Council Meeting 1

12 2 (B Approval of a resolution recommended by the New Braunfels Industrial ' Development Corporation regarding a three-year loan to Star Manufacturing,, Ltd. in the amount of $80,000. Resolution 201 O-R34 (C (D (E (F (G (H (I (J Approval of purchase with D&M Services for emergency flood debris removal services. Document No (Pulled for Separate Consideration Confirmation of the reappointment of Ambrosio "Butch" Benitez to the City of New Braunfels Civil Service Commission. Approval of a resolution in support of and authorizing the Comal Appraisal District to purchase the land and building located at 904 South Seguin Avenue. Resolution 201 O-R35 Approval of Transportation and Traffic Advisory Board's recommendation to deny a request for the installation of traffic control devices (stop signs at the NW corner of S. Castell Avenue at W. Jahn Street and the SE corner of S. Castell Avenue at W. Jahn Street. Approval of the second and final reading of an ordinance amending Ordinance Number dated April 28, 1975 to approve installation of the traffic control devices (stop signs at these corner of S. Grant Avenue at E. Mather Street and the SE corner of S. Veramendi Avenue at E. Mather Street. Ordinance Approval of the second and final reading of an ordinance amending the Code of Ordinances of the City of New Braunfels, Texas by modifying Sections through Section to designate a specific time and location for Clear Springs Elementary School speed zone. Ordinance Approval of the first reading of an ordinance amending Ordinance Number dated April 28, 1975 to approve installation of the traffic control devices (stop signs at the SE corner of Wise Owl at Sparrow and the SE corner of White Wing Way at Roadrunner Avenue. July 26, 2010 New Braunfels Regular City Council Meeting 2

13 3 (K (L Approval of the first reading of an ordinance amending Ordinance Number dated April 28, 1975 to approve installation of the traffic control devices (no Thru Trucks on Solms Road, Rueckle Road and Schmidt Avenue at the IH-35 N frontage road. Approval of Hangar 2317 Lease Agreement with Alpha Aircraft Services of America, FAA Certified Repair Station #17LR247B and authorize the City Manager to execute said agreement. Document No Item 3-D: After the approval of the consent agenda, Mayor Boyer called for the consideration of Item 3-D, as requested by Councilmember Goodner, and read the following caption: Approval of the appointment of an additional Associate Municipal Court Judge. After the reading of the caption, Councilmember Goodner stated that he wished to clarify whether or not this item would add additional, unbudgeted personnel to the City payroll, and what the fiscal impact of such an action would be. Municipal Court Judge Sara Hartin noted that, although the agenda item referenced the appointment of an "additional" Associate Judge, the position in question had in fact already been in existence and had become vacant due to a resignation. She further stated that there would be no additional unbudgeted expenditures related to this position. After this discussion, Council Member Goodner moved that Item 3-D be approved. The motion was seconded by Councilmember Digges and was approved unanimously. Tom Clark appointed Associate Municipal Court Judge 4. INDIVIDUAL ITEMS FOR CONSIDERATION Item 4-A: Mayor Boyer read the following caption: Discuss and consider approval of a resolution approving a five year lease agreement between the City of New Braunfels for the fire training division and Ruma Ltd. for approximately 8,500 square feet at an annual cost of $51,000 plus utilities. After the reading of the caption, Fire Chief John Robinson gave a presentation detailing the needs of the Fire Department for additional office space and training facilities, and highlighting the benefits of the proposed facility lease. He noted that many of the build out costs associated with the Fire Department's adapting the facility to their needs were covered in the lease price of $51,000 per year. ' July 26, 2010 New Braunfels Regular City Council Meeting 3

14 After the presentation, Council expressed concerns with the length of the lease term and with the implications of spending such a large sum on a leased building vs. improving current City facilities. After this discussion, Councilmember Zapata made a motion to approve the item. No second was received and the motion failed for lack of a second. After the motion further discussions were held with Chief Robinson regarding potential alternatives, and the consensus of Council was that the City should consider changes to the lease term, including the possibility of a three year lease term. After this discussion, Councilmember Zapata moved to table this item and to set it for reconsideration on the City Council's August gth, 2010 meeting. Councilmember Digges seconded the motion which was approved unanimously. Item 4-B: Mayor Boyer read the following caption: Discuss and consider authorizing the City Manager to enter into a contract with RVI for master planning park improvements at Prince Solms Park. After the reading of the Caption, Parks and Recreation Director Stacey Laird Dicke gave a brief presentation on the need to hire consulting services for the promulgation of a master plan for improvements to Prince Solms Park. She stated that the master planning process would include public input and the facilitation of stakeholder meetings for needs determination, assessment of existing facilities and park conditions, recommendation of best uses for the park, preparation of conceptual design and estimate of probable costs. After the presentation, members of Council expressed concern for the costs associated with the consultant services, and also asked whether the City might have the required talent on staff to complete the master planning process in house. Director Laird Dicke stated that, while staff very well might have the necessary skills to complete the project in house, most of staff's attention was taken up by other projects and day to day activities. She also stated that attempting to complete the master planning in house could cause significant delays while staff attempted to integrate the project into their routine duties. However, she also stated that some of the preliminary work associated with concepts and purposes could potentially be done by staff and community volunteers, which could possibly result in lower consultant expenses. After this discussion, Bill Kolodzie and Dolores Schumann spoke of the need to preserve green space in Prince Solms Park and their opinion that some areas of the park should be preserved from improvement. After these comments, Councilmember Goodner moved to table this item. Council member Digges seconded the motion which carried unanimously. July 26, 2010 New Braunfels Regular City Council Meeting 4

15 5 Item 4-C: Mayor Boyer read the following caption: Discuss and consider an appeal to the non-residential and multifamily design standards articulation and exterior building materials requirement for a permit application for two portable buildings at CTTC on FM 758. After the reading of the caption, Planning and Community Development Director Mattingly gave a brief presentation regarding the request by the Central Texas Technology Center to be allowed to place temporary classrooms on their property on FM 758. After the presentation, Councilmember Zapata moved to approve the item. Councilmember Digges seconded the motion. After the seconding of the motion, Council discussed the possibility of placing a time limit on their approval to ensure that the appropriateness of the temporary buildings could be reviewed at a future date. After this discussion, Councilmember Zapata amended his motion to stipulate that the Council would grant the request for a period of two years, at which time the request would have to be resubmitted for approval. Councilmember Digges seconded the amended motion which carried unanimously. Item 4-D: Mayor Boyer read the following caption: Public hearing and first reading of an ordinance rezoning acres, located at 2230 Spur Street, 2240 Spur Street, and 184 Concepcion, from "C-3" Commercial District to "R- 2A" Single and Two-Family District. After the reading of the caption, Planning and Community Development Director Mattingly made a brief presentation on the rezoning of 184 Concepcion from "C-3" Commercial District to "R-2A" Single and Two-Family District. After the presentation, Mayor Boyer opened the public hearing. There being no public input, Councilmember Digges moved to close the public hearing. The motion was seconded by Councilmember Nolte and approved unanimously. After the closing of the public hearing, Councilmember Digges moved to approve the first reading of the ordinance. The motion was seconded by Councilmember Zapata and carried unanimously. Item 4-E: Mayor Boyer read the following caption: Public hearing and first reading of an ordinance rezoning approximately 7.9 acres on Walnut Avenue adjacent to and west of North Ranch Estates and Gardens of Ranch Estates Subdivisions, from "R-1A-6.6" Single-Family District to "C-1A" Neighborhood Business District. After the reading of the caption, Planning and Community Development Director Mattingly gave a brief presentation regarding the property owner's rezoning request. She noted that the Planning Commission had recommended denial of the owner's original request, July 26, 2010 New Braunfels Regular City Council Meeting 5

16 6 which had asked for a less restrictive zoning designation over a much larger tract of land. Subsequent to the Planning Commission's recommendation, the property owner had ' modified his request to reduce the area of the rezoning to 7.9 acres, and also to request a 1 zoning designation of C-1A, which was less restrictive than the current zoning but more restrictive than his original request. She also noted that the Planning Commission had not reviewed or made a recommendation regarding the property owner's amended request, and that it was standard practice for staff to proceed to Council without resubmitting a request to the Commission if the amended request was less extensive or more restrictive than the original. After the presentation, residents Chad Goodwin and Joann Poor spoke in opposition to the proposed rezoning. After public comments, Councilmember Digges moved to close the Public Hearing. Councilmember Nolte seconded the motion which carried unanimously. After the closing of the public hearing, no Councilmember made a motion to approve, deny, or table. The item failed for lack of a motion. Item 4-F: Mayor Boyer read the following caption: Second public hearing for the annexation of acres and acres of land out of the A.M. Esnaurizar Eleven League Grant, Survey No. 1, Abstract No. 1, Coma/ County, Texas, located east of FM 1101 and north of Barbarosa Road, adjacent to existing City Limits. ', After the reading of the caption, Planning and Community Development Director Mattingly gave a brief presentation describing the location of the annexation and noted that the City Council would have to hold an additional meeting to consider this item sometime in August. After the presentation, Mayor Boyer opened the public hearing. There being no public input, Councilmember Digges moved to close the public hearing. The motion was seconded by Councilmember Nolte and approved unanimously. Item 4-G: Mayor Boyer read the following caption: Second public hearing for the annexation of acres of land out of the A.M. Esnaurizar Eleven League Grant, Survey No. 1, Abstract No. 1. Coma/ County, Texas, and acres of land being Lot 1, Clarence Timmermann Subdivision, located east of FM 1101 and south of Barbarosa Road, adjacent to the existing City Limits. After the reading of the caption, Planning and Community Development Director Mattingly gave a brief presentation describing the location of the annexation and noted that the City July 26, 2010 New Braunfels Regular City Council Meeting 6

17 7 Council would have to hold an additional meeting to consider this item sometime in August. After the presentation, Mayor Boyer opened the public hearing. There being no public input, Councilmember Digges moved to close the Public Hearing. The motion was seconded by Councilmember Zapata and approved unanimously. Item 4-H: Mayor Boyer read the following caption: Discuss and consider approval of a conditional sign permit for 1404 Gruene Road. After the reading of the caption, Planning and Community Development Director Mattingly gave a presentation describing the requested sign permit. She noted that while the height of the sign would be increased, the overall surface area would be decreased. After the presentation, Councilmember Digges moved that the permit be granted. The motion was seconded by Councilmember Goodner and was approved unanimously. Item 4-1: Mayor Boyer read the following caption: Discuss and consider an appeal to the non-residential and multifamily design standards exterior building materials requirement, for a permit application for two new commercial buildings to be constructed at 5255 IH 35 South. After the reading of the caption, Planning and Community Development Director Mattingly gave a presentation describing the property owner's request to be allowed to use less masonry siding than would normally be required under the regulations. She described the special circumstance applying to the proposed buildings and detailed mitigating factors that would improve the aesthetics of the buildings despite the reduced masonry siding. After the presentation, Councilmember Nolte moved to approve the request. Councilmember Digges seconded the motion which was approved unanimously. 5. Executive Session Item 5-B: Mayor Boyer read the following caption: Deliberate issues regarding economic development negotiations in accordance with Section , of the Texas Government Code. After the reading of the caption, the City Council retired into executive session at 7:45 p.m. July 26, 2010 New Braunfels Regular City Council Meeting 7

18 8 At 8:16p.m. the Council reconvened in regular session. At that time Councilmember Digges moved to direct staff to undertake the legal and statutory processes necessary to incorporate a 13 +/- acre tract of land into Reinvestment Zone No. One. ' Adjournment: This Regular meeting adjourned at 8:17p.m. Date Approved: August 9, 2010 By: R. BRUCE BOYER, MAYOR Attest: DANNY S. BATIS II, INTERIM CITY SECRETARY July 26, 2010 New Braunfels Regular City Council Meeting 8

19 City Council Agenda Item Report August9,2010 Agenda Item No. 2 Presenter/Contact - Mayor Boyer SUBJECT: CITIZENS' COMMUNICATIONS BACKGROUND/RATIONALE: This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: FISCAL IMPACT: N/A I City Plan/Council Priority: BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: N/A

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21 ,..,City of ~-..New Braunfels City Council Agenda Item Report August 9, 2010 Agenda Item No. 3-A Presenter/Contact -Danny Batts, Interim City Secretary ( SUBJECT: Approval of the appointment of Frank Witting, Gina Littrell, Andreas Lojewski, Martha Rehler, and lan Taylor to the New Braunfels Partnership Committee for terms ending August 1, 2013, and the appointment of Mary Irwin to the New Braunfels Partnership Committee for an unexpired term ending August 1, BACKGROUND/RATIONALE: The New Braunfels Partnership Committee creates and strengthens partnerships between the City and Braunfels, Germany, and any other City outside the United States approved by the City Council as a "Sister City" of New Braunfels. Five positions on the Committee are up for reappointment, and one additional position is vacant. Sec of the Code of Ordinances provides that the Mayor shall nominate members to serve on the New Braunfels Partnership Committee. These nominations must be approved by the City Council, and Mayor Boyer has submitted the following names for your consideration: For terms ending on August 1, 2013: Frank Witting* Gina Littrell* Andreas Lojewski* Martha Rehler* lan Taylor* For an unexpired term ending August 1, 2012: Mary Irwin * Currently serving on the Partnership Committee. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A. STAFF RECOMMENDATION: N/A Page 1oft

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23 ,..,Cityof ~-..New Braunfels City Council Agenda Item Report August9,2010 Agenda Item No. 3-B Presenter/Contact- Alan Wayland, City Attorney ( SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of a grant in an amount up to $370,837 to Ernest Health, Inc. for the training of up to 96 new employees. BACKGROUND/RATIONALE: Ernest Health, Inc. plans to build a 40 bed post-acute rehabilitation hospital in New Braunfels. The hospital will have an initial investment of $15 million and will create up to 96 new jobs with an average total wage, including benefits, of approximately $72,000 per annum. Ernest Health, Inc. has submitted a request to the New Braunfels Industrial Development Corporation ("IDC" for a training grant for the training of the initial start-up of the facility with up to 96 employees. The requested grant is in the amount of $3,863 per employee up to a total of 96 employees or a total grant up to the amount of $370,837. The IDC Board approved the request at a meeting on July 29, 2010 with the following conditions with regard to the grant: (1 The training cost per employee ($3,863 would be reimbursed for hired employees; (2 The hired employees must be retained for at least five years; (3The reimbursement per hired employee is for employees hired within twelve (12 months of the opening of the facility in New Braunfels or three (3 years from August 1, 2010, whichever occurs first; (4Fifty percent (50% of the new employees shall be hired from Carnal and Guadalupe counties; and (5Any repayment of grant funds for default will be reduced by twenty percent (20% each year during a five-year period. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X Yes I City Plan/Council Priority: FISCAL IMPACT: I Strategic Priorities: Growth and Development Legai/Common!Fonns/Agenda Item.4B.Funding.Ernest Health Training Grant Page 1 of2

24 The funding will be out of the JDC's sales tax revenues. BOARD/COMMISSION RECOMMENDATION: The IDC Board recommended approval of the grant in an amount up to $370,837. STAFF RECOMMENDATION: Approval of the Resolution. Legal/Common/Forms/Agenda Item.4B.Funding.Ernest Health Training Grant Page 2 of2

25 15 RESOLUTION NO R --~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT WITH ERNEST HEALTH, INC. WITH REGARD TO A GRANT IN THE AMOUNT UP TO $370,837 FOR JOB TRAINING OF UP TO 96 NEW EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of New Braunfels Industrial Development Corporation ("IDC" Board of Directors met on July 29, 2010, to consider a request from Ernest Health, Inc. for a grant in an amount up to $370,837 for job training of up to 96 new employees ($3,863/employee; and WHEREAS, Ernest Health, Inc. plans to construct and operate a rehabilitation hospital in New Braunfels; and WHEREAS, the IDC Board of Directors held a public hearing on July 29, 2010, to solicit public comment with regard to Ernest Health, Inc.'s request; and WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with Ernest Health, Inc. for a grant in an amount up to $370,837 to pay for the training of up to 96 new employees for the rehabilitation hospital in New Braunfels; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: i I I SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to enter into a contract with Ernest Health, Inc. for a grant in an amount up to $370,837 to pay for the training of up to 96 new employees for the rehabilitation hospital in New Braunfels is hereby approved with the following conditions as approved by the IDC Board of Directors: (1 The training cost per employee ($3,863 would only be reimbursed for hired employees; (2 The hired employees must be retained for at least five years; (3 The reimbursement per hired employee is for employees hired within twelve (12 months of the opening ofthe facility in New Braunfels or three (3 years from August 1, 2010, whichever occurs first; (4 Fifty percent (50% of the new employees shall be hired from Comal and Guadalupe counties; and ( 5 Any repayment of grant funds for default will be reduced by twenty percent (20% each year during a five-year period. Legai/Common/Resolutions/48/Resolution.Funding.Ernest Health Inc. Training Grant

26 16 SECTION 2: That this Resolution shall become effective from and after the date of its passage. PASSED, ADOPTED AND APPROVED this 9th day of August, CITY OF NEW BRAUNFELS, TEXAS ATTEST: By: R. Bruce Boyer, Mayor Danny S. Batts II, Interim City Secretary Legal/Common!Resolutions/4B!Resolution.Funding.Emest Health Inc. Training Grant

27 ~-,City of ~... New Braunfels City Council Agenda Item Report August 9, 2010 Agenda Item No. 3-C Presenter/Contact- Alan Wayland, City Attorney ( awayland@nbtexas.org SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of a grant in an amount of $72,500 to Central Texas Technology Center for the purchase of two portable buildings. BACKGROUND/RATIONALE: Central Texas Technology Center ("CTTC" needs additional classroom space and has the opportunity to purchase two (2 portable buildings from Comal lsd. The portable buildings will add four additional classrooms and will prevent the cancellation of the Manufacturing Technology Academy for high school juniors and senior. The cost of purchasing the portable buildings, moving them, setting them up, and skirting them will be $145,000. The Seguin Economic Development Corporation (4A will split the cost with New Braunfels. CTTC submitted a request to the New Braunfels Industrial Development Corporation ("IDC" to approve a grant to it in the amount of $72,500 for half the cost of purchasing the two portable buildings, and moving them and setting them up. The IDC Board approved the request at a meeting on July 29, ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Priority: Strategic Priorities: Infrastructure - Implement ongoing program of infrastructure construction and maintenance FISCAL IMPACT: The funding will be out of the IDC's sales tax revenues. BOARD/COMMISSION RECOMMENDATION: The IDC Board recommended approval of the $72,500 grant. STAFF RECOMMENDATION: Approval of the Resolution. Legal/Common/Forms/Agenda Item.4B.Funding of Portable Buildings.CTTC Page I of I

28 18 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO ENTER INTO A CONTRACT WITH THE CENTRAL TEXAS TECHNOLOGY CENTER WITH REGARD TO A GRANT IN THE AMOUNT OF $72,500 FOR TWO (2 PORTABLE BUILDINGS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of New Braunfels Industrial Development Corporation ("IDC" Board of Directors met on July 29, 2010, to consider a request from the Central Texas Technology Center ("CTTC" for a grant in the amount of $72,500 for the purchase, moving and setting up two (2 portable buildings; and WHEREAS, the cost of purchasing, moving and setting up the portable buildings will be equally shared with the Seguin Economic Development Corporation; and WHEREAS, the IDC Board of Directors held a public hearing on July 29, 2010, to solicit public comment with regard to CTTC's request; and WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with CTTC for a grant in the amount of $72,500 to pay for one-half the cost of the purchase, moving and setting up of two (2 portable buildings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to enter into a contract with CTTC for a grant in the amount of $72,500 to pay for one-half the cost of the purchase, moving and setting up of two (2 portable buildings is hereby approved. SECTION 2: That this Resolution shall become effective from and after the date of its passage. PASSED, ADOPTED AND APPROVED this 9th day of August, CITY OF NEW BRAUNFELS, TEXAS ATTEST: By: R. Bruce Boyer, Mayor Danny S. Batts II, Interim City Secretary Legal/Common!Resolutions/4B/Resolution.Funding.Portable Bldgs.CTTC

29 f",cityof ~-..New Braunfels ~ City Council Agenda Item Report August9,2010 Agenda Item No. 3aD Presenter/Contact- Vinicio Llerena, Airport Director ( lllerena@nbtexas.org SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of the modification and remediation of Hangar 2317 at the Airport in an amount of $70,000. BACKGROUND/RATIONALE: Alpha Aircraft has signed a 10 year lease at $99,600/year to rent Hangar 2317 at the Municipal Airport. The City has agreed to remodel office space, upgrade electrical systems, and install a new air compressor and lines plus radiant heat. In addition, the City has agreed to purchase $20,000 worth of aircraft manuals required by the FAA and place them onsite with Alpha Aircraft. The City submitted a request to the New Braunfels Industrial Development Corporation ("IDC" to approve a grant to the City in the amount of $70,000 for the modification and remediation of Hangar 2317 for use by Alpha Aircraft. The IDC approved the request at a meeting on July 29, 2010, and requested that the grant funds be taken from the $400,000 being designated and held in an IDC budget account for future airport development. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Priority: Strategic Priorities: Infrastructure- Implement ongoing program of infrastructure construction and maintenance FISCAL IMPACT: The funding will be out of the IDC budget account for future airport development. BOARD/COMMISSION RECOMMENDATION: The IDC Board recommended approval of the $70,000 grant. STAFF RECOMMENDATION: Approval of the Resolution. Legal/Common/Forms/Agenda ltem.4b.funding ofmodifications.hangar 2317 Page I of I

30 20 RESOLUTION NO R ---- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION, TO ENTER INTO A CONTRACT WITH THE CITY OF NEW BRAUNFELS TO FUND THE MODIFICATION AND REMEDIATION OF HANGAR 2317 AT THE NEW BRAUNFELS MUNICIPAL AIRPORT IN THE AMOUNT OF $70,000; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of New Braunfels Industrial Development Corporation ("IDC" Board of Directors met on July 29, 2010, to consider a request from the City of New Braunfels for consideration of its request for the IDC to fund the modification and remediation of Hangar 2317 at the New Braunfels Municipal Airport for a new tenant; and WHEREAS, the IDC Board of Directors held a public hearing on July 29, 2010, to solicit public comment with regard to the City ofnew Braunfels' request; and WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with the City of New Braunfels for the modification and remediation of Hangar 2317 at the New Braunfels Municipal Airport for a new tenant in the amount of $70,000; and WHEREAS, the $70,000 will be a grant to the City of New Braunfels and will be paid from the $400,000 that the IDC Board of Directors set aside for airport improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to fund the modification and remediation of Hangar 2317 at the New Braunfels Municipal Airport for a new tenant with a grant in the amount of $70,000 is hereby approved. SECTION 2: That this Resolution shall become effective from and after the date of its passage. PASSED, ADOPTED AND APPROVED this 9th day of August, CITY OF NEW BRAUNFELS, TEXAS By: R. Bruce Boyer, Mayor Legai/Common!Resolutions/4B!Resolution.Funding.Modifying Hangar 2317.City Airport

31 21 ATTEST: Danny S. Batts II, Interim City Secretary Legai/Common!Resolutions/4B/Resolution.Funding.Modifying Hangar 2317.City Airport

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33 ~_,Cityof ~-..New Braunfels City Council Agenda Item Report August9,2010 Agenda Item No. 3-E Presenter/Contact- Jim Klein, City Engineer ( SUBJECT: Approval to authorize the City Manager to enter into a contract modification for changes in the professional services contract with Halff Associates, Inc. for the design of the North Tributary Flood Control Project. BACKGROUND/RATIONALE: The North Tributary Flood Control project consists of detention pond and channel improvements on the North Tributary from Old McQueeney Road to upstream of S Walnut Avenue. The contract with Halff Associates (Halff for design was approved on May 8, At a Council meeting on March 27, 2007, Council provided direction to Halff to complete a design that would take a majority of properties out of the 1 00-year flood plain. The contract was further amended on October 12, 2009 to add Pond 3 and take all properties out of the 1 00-year flood plain. Public Works staff has approached two property owners regarding donation of the land required for detention ponds. One owner has indicated a willingness to donate a portion of the land; however they have plans to expand so the entire property is not available for a detention pond. The other owner has indicated they are willing to make the necessary donation. The scope of work included in the amendment to the Halff contract includes surveys and engineering support to prepare a plat for dedication of the property for a pond and surveys to allow us have easements removed on the site of the 3rd pond. The additional design work would add a total of $15,150 to the Halff contract cost, bringing the total contract to $729,450. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A City Council Strategic Priorities - Objective City Plan/Council X Yes 3: Implement ongoing program of Priority: infrastructure construction and maintenance FISCAL IMPACT: There is funding in the FY Public Works Department budget for consulting services. Funds for the additional Halff work will come from this account. Page 1of2

34 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval to authorize the City Manager to enter into a contract modification for changes in the professional services contract with Halff Associates, Inc. for the design of the North Tributary Flood Control Project. _ Page 2 of 2

35 ill HALFF July 23, 2010 AV Mr. Jim Klein, P.E. City Engineer City ofnew Braunfels P.O. Box New Braunfels, TX RE: New Braunfels North Tributary Flood Control Project Additional Services Proposal for Platting the Goodwill Site ( acres Dear Mr. Klein: Please accept this proposal to provide surveying and engineering services to the plat the acre Goodwill Site that fronts Walnut Avenue and IH-35, New Bl'aunfels, Comal County. This scope will be considered as an amendment to the original North Tributary Project contract, dated May 17, 2006 and shall confonn to its terms and general provisions. SCOPE OF SERVICES: A. Surveying Services: Based on the report from Stewart Title Guaranty Company, effective date July 03, 2009, this task includes preparing a final plat of the acre Goodwill Site (minimmil scale 1''=100' which includes surveying related notes and setting monuments at lot corners. Sales tax and City of New Braunfels and Comal County fees are not in the proposal fee. Boundary surveys which include subdivision plats are taxable. B. Civil Engineering Services: This task includes coordinating with the City to determine the location of the lot line that separates the Goodwill and City properties. Once this line has been agreed on, further adjustments may result in additional services. In general, the Goodwill lot will join the west side of the. future retaining wall but not include it. The lot will extend to the IH-3 5 ROW to capture the existing Goodwill sign. This task includes coordinating with the appropriate agencies for plat review. This task includes project management; prepeu'ing the plat application and attending one staff meeting, one public meeting and one Commission meeting. Additional meetings may result in an additional service request. HALFF ASSOCIATES, INC, 300 E. SONTERRA BLVD, STE. 230 TEL ( SAN ANTONIO, TX FAX (

36 HALFF 26 Mr, Jim Klein, P,R City ofnew. Braunfels July 23, 2010 This task excludes additional engineering design, cost estimates, calculations, or exhibits that support proposed construction improvements within the platted boundaries. Halff may provide these items as an additional service. FEE PROPOSAL: The list of services above will be performed and paid on a lump sum basis. The lump sum costs for each service are listed as follows: A. Surveying Services $1,500 B. Civil Engineering $10,650 Total Platting Fee $12,150 Tasks not specifically included in this scope shall be considered additional services. Upon request for additional services, Halff will negotiate with the City for requested services on a lump sum basis. If you have any questions or need additional information, please contact me at ( or by bcrowell@hal:ff;com. We appreciate the opportunity to continue working with the City of New Braunfels on this important flood control project. Sincerely, HALFF ASSOCIATES, INC. City of New Braunfels (Confirmation to proceed with this proposal Brian Crowell, P.E. Senior Project Manager Jim Klein, P.E Attachment CC: Connie Real, Real Estate Manager, City ofnew Braunfels Dwayne Hamilton, PE Edward Herolt, PE Ray Weger, RPLS 2

37 r._,] City of ~_,New Braunfels?7 City Council Agenda Item Report August9,2010 Agenda Item No. 3-F Presenter/Contact- Mary Quinones, Purchasing Manager ( mquinones@nbtexas.org SUBJECT: Approval of the renewal of the annual contract with J.R. Ramon and Sons, Inc. for demolition services. BACKGROUND/RATIONALE: The City of New Braunfels entered into a contract with J.R. Ramon and Sons, Inc. for demolition services on July 24, This contract is effective through August 31, This contract has an option to renew, in one year increments, for a combined total of five years. City staff recommends a one year renewal and J.R. Ramon and Sons, Inc. has agreed to renew. The services provided by J.R. Ramon and Sons have been completed satisfactorily. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Priority: Strategic Priority: Infrastructure- Continue an ongoing program of infrastructure construction and maintenance FISCAL IMPACT: The services are included in each department budget as appropriate. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the renewal of the annual contract with J.R. Ramon and Sons, Inc. for demolition services. Page 1 of 1

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39 City of New Braunfels City Council Agenda Item Report August 9, 2010 Agenda Item No. 3-G Presenter/Contact- Mary Quinones, Purchasing Manager ( mquinones@nbtexas.org SuBJECT: Approval of the renewal of the annual contract with Osirus, Inc. for litter pickup for the Parks and Recreation Department. BACKGROUND/RATIONALE: The City of New Braunfels entered into a contract with Osirus, Inc. for litter pickup on June 22, This contract is effective through August 31, This contract has an option to renew, in one year increments, for a combined total of five years. City staff recommends a one year renewal and Osirus, Inc. has agreed to renew. The services provided by Osirus, Inc. have been completed satisfactorily. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes I City Plan/Council Priority: I Strategic Priority: Quality of Life - Preserve and improve our open space FISCAL IMPACT: Sufficient funds are included in the current budget as well as the proposed FY Budget for this contract. The annual cost is $130,000. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the renewal of the annual contract with Osirus, Inc. for litter pickup for the Parks and Recreation Department. Page 1 of 1

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41 ~,City of ~~New Braunfels "'z q City Council Agenda Item Report August 9, 2010 Agenda Item No. 3-H Presenter/Contact -Mary Quinones, Purchasing Manager ( mquinones@nbtexas.org SUBJECT: Approval of the renewal of the annual contract with Verizon Wireless for cellular phone service through the State of Texas D.I.R. contract. BACKGROUND/RATIONALE: The City of New Braunfels entered into a contract with Verizon Wireless for cellular phone services on September 1, This contract is effective through August 31, This contract has an option to renew, in one year increments, for a combined total of five years. City staff recommends a one year renewal and Verizon Wireless has also agreed to renew. Verizon has provided satisfactory services. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A I City Plan/Council X Yes Priority: I Strategic Priority: Effective Management Maintain fiscal stability of City operations FISCAL IMPACT: The services are included in each department's budget based on the number of phones assigned for use. Sufficient funds are available for this contract. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of the renewal of the annual contract with Verizon Wireless for cellular phone service through the State of Texas D.I.R. contract. Page 1oft

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43 City Council Agenda Item Report August gth, 2010 Agenda Item No. 3-1 Presenter/Contact- Vinicio Llerena, Airport Director ( lllerena@nbtexas.org SuBJECT: Approval of a contract with the Federal Aviation Administration (FAA to fund and manage air traffic controllers at the New Braunfels Municipal Airport tower and authorize the City Manager to execute said contract. BACKGROUND/RATIONALE: In September 2009, the New Braunfels Municipal Airport submitted an application to the Federal Aviation Administration (FAA to be accepted into the Federal Contract Tower Program. Since 2008, the City has taken financial responsibility to maintain and staff the control tower through Robinson Aviation, Inc. (RVA. To date, the New Braunfels Industrial Development Corporation has provided the funding for the cost of the air traffic controllers. With the FAA acceptance into the Contract Tower Program, the FAA will work with RVA directly to fund and manage the staff at the control tower. Although the City will still be responsible for maintenance of the control tower facility, the $350,000 per year needed for controller personnel costs will be alleviated by this contract. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A ~ Yes Strategic Priorities: (Objective 1 a - Complete an assessment of existing facility conditions and current use of City Plan/Council (Objective 1 b - Identify facility needs in Priority: anticipation of increasing service demands (Objective 2a- Review user fees and update as appropriate FISCAL IMPACT: Acceptance of this contract with the FAA means that that organization will fund and manage the staff at the Airport tower. The FY projected cost of that staffing is $350,000. The FY Proposed Budget anticipated that this cost would be shared by the City's Airport Fund ($150,000 and the New Braunfels Industrial Development Corporation ($200,000. This contract means that neither the City nor NBIDC would have to pay these costs next fiscal year. The contract is the first step in the process; the FAA still must identify funding before actually taking over these costs. Page 1 of2

44 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends that the City Cmmcil approves the contract and authorize the City Manager to execute said contract. j I i ' l I l I J! ; I Page 2 of2

45 r-:,cityof ~-.New Braunfels City Council Agenda Item Report August9,2010 Agenda Item No. 3-J Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance amending Ordinance Number to approve installation of traffic control devices (stop signs at these corner of Wise Owl at Sparrow and the SE corner of White Wing Way at Roadrunner Avenue. BACKGROUND/RATIONALE: A resident of the neighborhood requested that the City consider installing stop signs at the SE corner of Wise Owl at Sparrow and the SE corner of White Wing Way at Roadrunner Avenue. City Council approved the first reading of this ordinance at their July 26, 2010 meeting. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: '-i N/A Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative a continuing transportation system planning and development. FISCAL IMPACT: Stop signs cost approximately $135 each. Sufficient funding is available in the FY2009/10 approved street and drainage budget. BOARD/COMMISSION RECOMMENDATION: The Transportation and Traffic Advisory Board recommended installation of the stop signs. STAFF RECOMMENDATION: Staff recommends the approval of the second and final reading of the attached ordinance. Page 1 of 1

46 36 ORDINANCE NO _ An ordinance amending ordinance number dated April 28, 1975 to approve installation of the traffic control devices (stop signs at the intersection of Wise Owl at Sparrow and White Wing Way at Roadrunner Avenue providing a severability clause; and declaring an effective date. WHEREAS, after engineering and field investigation, the City Engineer 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 dated April 28, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following location in the corporate limits of the City of New Braunfels, Texas: STOP SIGN: 1078 On the SE corner of WISE OWL at SPARROW to stop traffic prior to entering SPARROW 1079 On these corner of WHITE WING WAY at ROADRUNNER AVENUE to stop traffic prior to entering ROADRUNNER AVENUE II. THAT the Public Works Department is directed to obtain and install the traffic control signs in the locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for the health, welfare and safety of the citizens of New Braunfels. Ill. Page 1 of 2

47 37 THAT all provisions as set forth in Ordinance Number 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 from and after its second and final reading. PASSED AND APPROVED: First reading this the 26th day of July, PASSED AND APPROVED: Second reading this the gth day of August, CITY OF NEW BRAUNFELS, TEXAS R. BRUCE BOYER, MAYOR ATTEST: DANNY S. BATTS II, INTERIM CITY SECRETARY APPROVED AS TO FORM: ALAN C. WAYLAND, CITY ATTORNEY Page 2 of 2

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49 City Council Agenda Item Report August 9, 2010 Agenda Item No. 3-K Presenter/Contact- Jim Klein, City Engineer ( jklein@nbtexas.org SUBJECT: Approval of the second and final reading of an ordinance amending Ordinance Number to approve installation of traffic control devices (No Thru Truck Signs on Solms Road, Rueckle Road and Schmidt Avenue at the IH-35 N frontage road. BACKGROUND/RATIONALE: Councilman Zapata requested that the City consider installing additional no through truck signs along the IH 35 frontage road to assist with the existing restrictions of truck traffic on Ron Road and Schmidt Avenue. City Council approved the first reading of this ordinance at their July 26, 2010 meeting. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A,; Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative a continuing transportation system planning and development. FISCAL IMPACT: Signs cost approximately $135 each. Sufficient funding is available in the FY2009/10 approved street and drainage budget. BOARD/COMMISSION RECOMMENDATION: The Transportation and Traffic Advisory Board recommended installation of the signs. STAFF RECOMMENDATION: Staff recommends the approval of the second and final reading of the attached ordinance. Page 1 of 1

50 40 ORDINANCE NO An ordinance amending ordinance number dated April 28, 1975 to approve installation of the traffic control devices (No Thru Trucks on Solms Road, Rueckle Road and Schmidt Avenue at the IH-35 N frontage road. WHEREAS, after engineering and field investigation, the City Engineer 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 dated April 28, 1975, is hereby amended to authorize the installation of additional Traffic Control signs at the following locations in the corporate limits of the City of New Braunfels, Texas: NO THROUGH TRUCK: 1080 SOLMS ROAD from IH35 NB FRONTAGE ROAD to MORNINGSIDE DRIVE shall be designated as a NO THROUGH TRUCK zone RUECKLE ROAD from IH35 NB FRONTAGE ROAD to MORNINGSIDE DRIVE shall be designated as a NO THROUGH TRUCK zone SCHMIDT AVENUE from IH35 NB FRONTAGE ROAD to MORNINGSIDE DRIVE shall be designated as a NO THROUGH TRUCK zone. II. THAT the Public Works Department is directed to obtain and install the traffic control signs in the locations as set forth in this ordinance, and is directed to maintain the signs in a manner that provides for the health, welfare and safety of the citizens of New Braunfels. Ill. Page 1 of2

51 41 THAT all provisions as set forth in Ordinance Number 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 26, PASSED AND APPROVED: Second reading this the day of August 9, CITY OF NEW BRAUNFELS, TEXAS R. BRUCE BOYER, MAYOR ATTEST: DANNY S. BATTS II, INTERIM CITY SECRETARY APPROVED AS TO FORM: ALAN C. WAYLAND, CITY ATTORNEY Page 2 of 2

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53 ~-,City of ~-..New Braunfels City Council Agenda Item Report August9,2010 Agenda Item No. 4-A Presenter/Contact -Shannon Mattingly, Planning & Community Development Director ( SUBJECT: Presentation by AACOG regarding regional services. BACKGROUND/RATIONALE: Receive a presentation on Regional Services from AACOG. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A ~;:FF RECOMMENDATION: D Page 1 ofl

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55 r-,cityof ~-.New Braunfels City Council Agenda Item Report August9,2010 Agenda Item No. 5-A Presenter/Contact- Octavio Garza, Assistant City Engineer & Mary Quinones, Purchasing Manager ( ogarza@nbtexas.org ( mquinones@nbtexas.org SUBJECT: Presentation, discussion and possible action regarding award of the Walnut Avenue Reconstruction Project construction contract to Texas Sterling Construction, L.P., authorization for the City Manager to execute this agreement and establishment of the project construction budget BACKGROUND/RATIONALE: An Invitation for Bid (IFB was issued June 14, 2010 for services to reconstruct Walnut Avenue from IH-35 to Landa Street. The IFB was sent to 158 different companies. It was advertised in the Herald Zeitung on June 13, 20 and 27, A mandatory pre-bid was held on June 30, 2010 with 22 companies in attendance, which included prime and subcontractors. Bids were opened July 16, 2010 with bids received from Texas Sterling, Dean Word, VK Knowlton, JC Evans and Capital Excavation. The bid required the contractors to complete a qualification statement based on references and experience from previous work. The qualifications were reviewed by City staff and consultants assigned to the project. The bid award contains all elements of the project as previously presented to City Council, including all roadway, stormwater, water, wastewater, landscaping and amenity improvements from IH-35 to Landa Street and conversion of aerial utilities to underground from IH-35 to Katy Street. As stated, five companies submitted a bid. The bid summary is as follows: Texas Sterling Construction, LP $15,378,218 Dean Word Company, Ltd. $16,375,668 VK Knowlton Construction & Utilities, Inc. $17,554,380 Capital Excavation Company $19,269,761 JC Evans Construction $19,292,672 The project includes water and wastewater improvements that will be funded by New Braunfels Utilities (NBU. In addition, there are anticipated project costs that are not included in the construction bid from Texas Sterling Construction. Staff also recommends including a 10 percent contingency in this project, as has been the practice for the City's recent construction projects. The total Construction package breaks down as follows: Page 1 of3

56 Texas Sterling Construction Bid $15,378,218 NBU Water/Wastewater $(2,638,216 Additional Project Costs (NBU and Union Paciific Railroad $1,846,830 reimbursement, material testing- Contingency (10% $1,274,000 Total $15,860,832 Due diligence was completed on the bid from Texas Sterling Construction, LP and the bid was determined to be materially and mathematically balanced and the qualifications of Texas Sterling Construction, LP. The subcontractors currently included in Texas Sterling's bid meet or exceed the qualifications needed to complete the project. The subcontractors include ValleyCrest Landscape Companies (landscape, SAECO Electric & Utility Ltd. (underground conversion, Dumor Enterprises (utility boring, The Levy Company, LP (traffic signals, Highway Technologies Inc. (signing and striping, and Georgetown Transportation (material hauling. The budget for design and right-of-way acquisition for this project has already been established by Council; however, the construction budget has not. Staff recommends establishing the budget under the 2011 Certificates of Obligation Capital Improvement Fund to include the amounts projected for the actual construction costs through September 30, This is $7 million. In addition, the budget will be established to fund in-house staff working full time on this project. $354,000 will fund the staff for two years. Therefore, a budget would be established as follows: Gty of New Braunfels 2011 Certifications of Obligation Capital Improvement Fund Fiscal Year Ending September 30, 2010 Fund:351 Appropriations: Project Revenue/ Expenditures Available Funds Proceeds from Debt Issuance $ 7,400,000 Interest Income TOTAL AVAILABLE FUNDS $ 7,400,000 Activity to Date FY as of 9/30/2009 Funds $ $ 7,400,000 $ $ 7,400,000 I APPROPRIATIONS Projects Walnut Avenue Widening Project Construction $ 7,000,000 Engineering and Inspection (in-house 354,000 Total Projects $ 7,354,000 Contingencies $ 46,000 TOTAL APPROPRIATIONS $ 7,400,000 $ 7,000, ,000 $ $ 7,354,000 $ $ 46,000 $ $ 7,400,000 - Page 2 of3

57 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes I City Plan/Council Priority: I Continue an ongoing program of infrastructure construction and maintenance FISCAL IMPACT: The construction time frame for this project is estimated at 2 and one-half years. This allows Council the flexibility of funding this project in phases. To facilitate this funding approach, staff has worked with the City's financial advisor and bond counsel to prepare a reimbursement resolution for Council consideration (a separate agenda item on the August 9, 2010 agenda. The resolution allows Council to award the contract prior to any debt issuances that may be used to fund the project. Staff anticipates three separate debt issuances to provide all the funding needed, the first one occurring in 2011, then one in 2012 and all in the summer. This timing means that the first payment of debt service would not occur until FY The following table shows the estimated amounts of each debt issuance and the property tax rate increase each issue will require. The tax impact assumes no growth in property values. Fiscal Year Estimated Debt Issuance Tax Impact FY $5.2 million 1.08 cents FY $8.0 million 1.67 cents FY $3.5 million.73 cents BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the award of the Walnut Avenue Reconstruction Project construction contract to Texas Sterling Construction, L.P., authorization for the City Manager to execute this agreement and establishment of the project budget as recommended. Page 3 of3

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59 ,...,Cityof ~-.New Braunfels "z :;::::: City Council Agenda Item Report August9,2010 Agenda Item No. 5-B Presenter/Contact- John Robinson, Fire Chief ( jrobinson@nbtexas.org SUBJECT: Discuss and consider approval of a resolution approving a three year lease agreement with the option to renew for two (one year terms between the City of New Braunfels and Ruma Ltd. for the fire training division for approximately 8,500 square feet at an annual cost of $51,000 plus utilities. BACKGROUND/RATIONALE: The New Braunfels Fire Training Division is currently leasing space at the New Braunfels Municipal Airport. Effective August 15, this current space will be leased to and occupied by an outside tenant, enhancing revenues for the airport. As a result, the Fire Training Division must relocate. Staff has performed a thorough search of lease space available in the New Braunfels market and located suitable accommodations at 1311-A Industrial Drive. The rate of $.50 per square foot includes build-out of facilities to accommodate class room, office, and bay/storage area for storage of equipment and trailers. This facility will be used for citywide training as well as for Fire training. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A X Yes Strategic Priority: City Plan/Council Objective 1: Identify facility needs in Priority: anticipation of increasing service demands. FISCAL IMPACT: Sufficient funds are available in the FY fire department budget as well as being allocated in the Proposed Budget for this expenditure. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the Resolution _.

60 50 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE LEASE OF APPROXIMATELY 8,500 SQUARE FEET FOR THE FIRE TRAINING DIVISION WITH RUMA LTD.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of New Braunfels Fire Training Division ("FTD" is currently leasing space at the New Braunfels Municipal Airport; and WHEREAS, the current space being leased by the FTD is being considered for leasing to an outside tenant, enhancing revenues to the airport; and WHEREAS, it is necessary to relocate the FTD so that the airport space can be leased to an airport tenant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION I: That the City Manager, Michael E. Morrison, acting on behalf of the City (Lessee is hereby authorized to negotiate, enter into, and execute a three-year lease with the option to extend for two (one year terms with Ruma Ltd. for approximately 8,500 square feet at a location at 1311-A Industrial Drive at an approximate annual cost of $5 I,000 plus the cost of utilities. In addition, the City Manager is authorized to execute all other related contracts and agreements necessary and incidental to the Lease. SECTION 2: This Resolution shall take effect immediately upon its adoption and approval. ' PASSED AN APPROVED on this 9th day of August; ATTEST: CITY OF NEW BRAUNFELS, TEXAS By: R. Bruce Boyer, Mayor Danny S. Batts II, Interim City Secretary Legai/Common/Resolutions/2010/Res.Approval of Lease for Fire Training Division Page 1 of 1

61 City Council Agenda Item Report August9,2010 Agenda Item No. 5-C Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SUBJECT: Discussion and action regarding approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date BACKGROUND/RATIONALE: Attached for Council consideration is a reimbursement resolution prepared by the City's bond counsel, Fulbright and Jaworski, L.L.P. This resolution will allow the City to pay for costs associated with construction of the Walnut Avenue Widening project prior to the issuance of certificates of obligation that will ultimately fund this acquisition. Available cash will be used to pay for these costs prior to the debt issuance. Once the debt is issued, the cash used will be repaid from the debt proceeds. This reimbursement resolution is for an amount not to exceed $16.5 million. The debt will be issued in three phases. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". N/A City Plan/Council X Yes j Maintain fiscal stability of City operations Priority: FISCAL IMPACT: This reimbursement resolution will reduce the City's cash balances in the short term. However, sufficient cash reserves are available for this action. It will also allow the City to issue debt only one time during a fiscal year for all needs identified by City Council, thus reducing the City's overall cost of issuing debt. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of a resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date Page I of I

62 52 RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body of the City of New Braunfels, Texas (the Issuer has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i the acquisition of land and the construction, renovation, demolition, and improvement of new and existing City facilities for use as municipal facilities and for other municipal purposes, including the widening of Walnut Avenue, (ii the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs, (iii the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs, and (iv the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's project that is the subject of this Resolution (the Project]; and WHEREAS, the provisions of Section , as amended, Texas Government Code (Section provide that the proceeds from the sale of obligations issued to fmance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department released Regulation Section (the Regulations which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code; and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid, for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations that the Issuer currently contemplates issuing in an amount not to exceed $16,500,000 to finance a portion ofthe costs ofthe Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and

63 53 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section of the Regulations and Section to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section , including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defmed in Treasury Regulation Section , of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and fmdings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein

64 54 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State oftexas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. '',' SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank}

65 55 PASSED, ADOPTED AND APPROVED on this the 9th day of August, CITY OF NEW BRAUNFELS, TEXAS Mayor ATTEST: City Secretary (CITY SEAL

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67 City Council Agenda Item Report August 9, 2010 Agenda Item No. 5-D Presenter/Contact- Deborah Korinchock, Support Services Director ( dkorinchock@nbtexas.org SUBJECT: Discuss and consider approval of budget transfers and amendments in the General Fund, Airport Fund, Civic/Convention Center Fund and Capital Improvement Fund in the FY Adopted Budget BACKGROUND/RATIONALE:. Transfers in four funds are recommended as shown below to provide sufficient funds to complete the fiscal year in the Municipal Court General Fund budget, the Non-Departmental General Fund budget, the Airport Fund budget, the Civic/Convention Center Fund budget and the 2007 Certificates of Obligation Capital Improvement Fund. In each case, funds are being moved from one appropriation group or project to another; the total budget appropriations are not changing. In the Municipal Court budget, it is recommended that funds be moved from personnel expenses to operations expenses. During the year, the position of Municipal Court Administrator was filled by a contracted individual rather than an employee. Therefore, the funds were spent from the operations expense appropriation rather than employee expenses. This $45,000 proposed transfer moves budgeted funds to provide for that expenditure. The Non-Departmental budget funds the tuition reimbursement program for the City. In FY , more employees than in prior years are taking advantage of this opportunity to become better educated through university and technical school programs. The budget includes a total of $30,000 for this program. An additional $20,000 is needed to fully fund all requests for the remainder of the fiscal year. In the Airport Fund, staff is recommending moving $16,000 from capital expenditures to operations expenditures to provide the available funds where they are needed to complete maintenance and repair activities at the airport such as air conditioning repairs and painting. In addition, revenue from fuel sales is proposed to be increased by $156,000, reflecting increased volume of sales. Because of this, the operations expenditures appropriation needs to increase to fund the cost of purchasing this fuel (by $130,000. Fuel sales result in net revenue to the City. The Civic/Convention Center received a total of $650,000 from reserves built up by the Greater New Braunfels Chamber of Commerce in the Convention and Visitors Bureau Fund. Those funds were transferred back to the City in FY Staff has continued to identify and complete projects for which those funds were designated. This transfer moves $60,000 from capital expenses to operations expenses so that those projects can continue to move forward and be expensed appropriately. The transfer in the 2007 Certificates of Obligation Capital Improvement Fund moves $6,726 into the Park Land Purchases project to fully fund all expenditures in that project. The West Loop Park project will still have sufficient funds to complete the current activities related to site clean up. Page 1 of2

68 General Fund From: Support Services- Municipal Court- Employee Expenses To: Support Services- Municipal Court- Operations Expense From: Non-Departmental- Operations Expense To: Non-Departmental- Employee Expense Airport Fund Revenue: Fuel Sales From: Capital Expense To: Operations Expense Civic/Convention Center Fund From: Capital Expense To: Operations Expense 2007 Certificates of Obligation Capita/Improvement Fund From: West Loop Park To: Park Land Purchases ($45,000 $45,000 ($20,000 $20,000 $156,000 ($16,000 $146,000 ($60,000 $60,000 ($6,726 $6,726 ~ ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". N/A X Yes I City Plan/Council Priority: I Maintain fiscal stability of City operations FISCAL IMPACT: This budget transfer re-allocates funding from the Municipal Court General Fund budget, the Non Departmental General Fund budget, the Airport Fund, the Civic/Convention Center Fund and the 2007 Certificates of Obligation Capital Improvement Fund to provide funds needed in the various appropriation groups. All of these transfers simply move funds from one appropriation to another within the same budget. None increase the budget allocations. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of budget transfers in the General Fund, Airport Fund, Civic/Convention Center Fund and Capital Improvement Fund in the FY Adopted Budget Page 2 of2

69 City Council Agenda Item Report August9,2010 Agenda Item No. 5-E Presenter/Contact- Jim Klein, City Engineer ( engineering@nbtexas.org SUBJECT: Discuss and consider approval of the installation of speed humps on Dove Crossing Drive in the 2000 and 2100 blocks. BACKGROUND/RATIONALE: The property owners along Dove Crossing Drive within the Castle Ridge Subdivision (between County Line Road and Val Verde Drive submitted a petition to the Transportation and Traffic Advisory Board (T&T in March, That petition was signed by owners of 42 lots, with 8 of those being resident owners, 28 signatures representing NB Castle Ridge Property Ltd. and 6 signatures from other builders. The current speed hump policy requires "A petition from the residents and business owners documenting that at least two-thirds of all households and businesses adjacent to the project street support the installation of speed humps". There are 57 lots in these two blocks, so the 42 signatures exceed the two-thirds requirement. The current policy also has requirements for minimum traffic volume and the number of vehicles which exceed the posted speed limit by 5mph, which were met in this area. At their May 14, 2009 meeting T&T approved the installation of speed humps. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: N/A,; Yes City Plan/Council Priority: 2006 Comprehensive Plan: Transportation Goal21: Provide a system of convenient and safe transportation facilities through comprehensive, cooperative and continuing transportation system planning and development. FISCAL IMPACT: The estimated cost of 2 sets of 3 speed cushions is $6,000. Sufficient funds are available in the Streets and Drainage FY Adopted Budget for this expenditure. BOARD/COMMISSION RECOMMENDATION: The Transportation and Traffic Advisory Board approved the installation at their May 14, 2009 meeting. STAFF RECOMMENDATION: Staff recommends the installation if Council determines that the signatures of owners of vacant lots satisfy the policy requirement for households. Page 1 of 1

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71 61 City Council Agenda Item Report AUGUST 9, Agenda Item No. 5 f Presenter - Shannon Mattingly, Planning Director (830221m4055- smahingly@nbtexas.org SUBJECT: Discuss and consider the first reading of an ordinance amending Article Ill, Historic Landmark Preservation Ordinance, Section , Tax Incentive, to extend the relief to properties located within locally designated historic districts and to waive building permit fees. APPLICANT: City of New Braunfels, Historic Landmark Commission 424 S. Castell Avenue New Braunfels TX BACKGROUND/RATIONALE: Currently the Historic Landmark Preservation Ordinance has two incentives (Sec Tax Incentive. These are: 1. Tax relief for "improvements, renovation or restoration available to individually. designated landmarks for a period of five to ten years". 2. Tax exemption for historic districts for a reduction of 20% of city taxes for properties located in historic districts. There is no time limit. Per the Ordinance the Historic Landmark Commission is empowered "to propose tax abatement program(s for landmarks or districts". Sec (15 Propose tax abatement program(s for landmarks or districts. The Historic Landmark Commission is proposing to change the "Tax Incentive" Ordinance by including all properties within a historic district under the "rehabilitation" tax relief. Plus add an additional incentive by waiving building permit fees associated with historic properties which need an approved Certificate of Alteration from the Historic Landmark Commission. Incentive Individual Historic Individual Landmark Landmark District in a Historic District "Rehab" tax relief Yes Proposed Yes Historic District tax Yes Yes exemption Proposed permit relief Proposed Proposed Proposed Currently the ordinance provides a "rehabilitation" tax incentive to individually designated landmarks only. By limiting the tax relief to only individually designated "historic landmarks," properties located within a historic district must first seek individual designation. Historic districts are a collection of resources and as a whole may be eligible for historic designation but individually not all properties would meet the criteria necessary for historic landmark designation. To better fulfill the intent of the ordinance, affording the tax relief to all properties within a historic district provides the incentive to Page 1 of3

72 62 rehabilitate all resources equitably which then has a positive impact upon historic district, adjacent properties and helps revitalize the neighborhood in general. By waiving building permit fees, the ordinance provides an incentive for historic property," owners by reducing the cost of their project. It also would fulfill the City's Master Plan goals to preserve and enhance our heritage through the built environment. Finally, the New Braunfels Historic Landmark Preservation Ordinance states that the purpose of the ordinance is protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public and encourage stabilization, restoration, and improvements of such properties and their values. GENERAL INFORMATION: Sophienburg Hill Historic District was created in March 2009 and has been expanded three times with 97 properties currently. There are five individually listed buildings located within the boundaries of the Sophienburg Hill Historic District that would potentially qualify for the rehabilitation tax relief. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Pros: Priority: Goal 1. Promote manageable growth to achieve a 2006 Comprehensive Plan proper balance of economic expansion and 0 environmental quality while maintaining the Pros ancl Cons Based community's unique qualities. on Policies Plan Goal 12. Protect and enhance the visual environment of the City Goal 20. Protect and enhance the character and boundaries of existing neighborhoods. Goal 58. Maintain an attractive and lively downtown area that creates a deep sense of community. Goal 65. Increase historic preservation efforts in New Braunfels. Goal 69. Enhance the heritage image of the City by designating historic areas and structures that should be preserved, restored and used for adaptive reuse. Page 2 of3 Cons: The rehabilitation tax incentive results in a reduction of tax revenue to the City for a minimum of five years and a maximum of ten, as of today seven properties currently receive a tax

73 63 abatement. Loss of income due to application fees to the City. FISCAL IMPACT: Building permit application fees: Historic Landmark Commission cases from July 2009 to July resulted in 17 cases which generated $4,865 in building permit application fees of which $3,452 was attributed to 193 W. San Antonio Street, the Phoenix Saloon. HISTORIC LANDMARK COMMISSION RECOMMENDATION: The Historic Landmark Commission unanimously approved the application for the changes to the Tax Incentive ordinance on July 13, STAFF RECOMMENDATION: Staff recommends approval of the changes to the incentive ordinance to include all properties within a historic district and expanding the incentives by waiving building permit fees. ATTACHMENTS 1. Code of Ordinance- Article Ill Historic Landmark Preservation Section Ordinance U:\Pianning\CCagenda\HistoriclandmarkComm\taxincentive\agenda sheet.docx Page 3 of3

74 64 Proposed Changes Sec :fh Incentive!. (a Purpose. To promote and protect the rich heritage of the city, and to encourage the designation of structures as historic landmarks, and the designation of historic districts this section of the city's historic preservation ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s that are designated by the city as historic landmarks or located within a local historic district. (b Rehabilitation Tax relief. From the date of passage of this section, the owner of property (structure and land having historic, architectural, and cultural significance, and so designated by the City's Historic Landmark Commission, Planning Commission, and City Council, as a historical landmark or located within a local historic district shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutive five-year periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth year of the original request. Whether the application is for consecutive or future periods each request shall be considered separately and must qualify as outlined below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the City's Historic Landmark Commission with a recommendation to the New Braunfels City Council for final action. If requested, the historic preservation officer may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section or located within a local historic district as provided for in section in the New Braunfels Code of Ordinances. {s}.l Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Comal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Comal or Guadalupe Appraisal District shall cause said improvement(s, renovation(s, or restoration(s to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Comal or Guadalupe Appraisal District as the new property value. However, said improvement(s, renovation(s, or restoration(s shall not cause the value of the property to be less than the present value prior to completion of the work. ATTACHMENT 1

75 65 (at 2. Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: (1 Structural walls; (2 Structural subfloors; (3 Structural ceilings; (4 Exterior doors; (5 Exterior paint (consistent with those colors available during the time period the structure was built; (6 Mechanical equipment; (7 Windows; (8 Exterior brick veneers or treatments; (9 Plumbing; (1 0 Electrical wiring; (11 Roof and gutter where necessary for structural integrity; (12 Facade items; {13 Elevators; {14 Foundations; {15 Termite damage and treatment; (16 Security and/or fire protection systems; (17 Architectural and engineering services if directly related to the eligible costs described above; (18 Plumbing and electrical fixtures documented as historic fixtures; and {19 Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. (et L Ineligible costs. Ineligible costs include the following: (1 Overhead; (2 Taxes; (3 Supervisor payroll; (4 Repairs of construction equipment; (5 Tools; and (6 Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. fij.( L Tax exemption for historic districts. For properties located within a city designated historic district, property owners in the historic district will qualify for an ad valorem tax exemption of 20 percent of the assessed city ad valorem property tax. This tax exemption shall begin on the first day of the first tax year after designation of the historic district. (d Building Permit Fees waived. Upon approval of a Certificate of Alteration. the property owner will present said certificate to the Building Department and all building permit fees will be waived. (Ord. No , I, ; Ord. No , 1,

76 66 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 66, ARTICLE Ill HISTORIC LANDMARK PRESERVATION, NEW BRAUNFELS CODE OF ORDINANCES, BY CHANGING SECTION TAX INCENTIVES; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE WHEREAS, the State of Texas has enacted legislation empowering municipalities to preserve and protect historic places, structures, buildings, and areas of historical and cultural importance and significance; and WHEREAS, the City Council is aware of the numerous places, structures, buildings and areas having historical and cultural importance and significance which reflect the heritage of the City, State and its people, and is committed to promote and protect the heritage of New Braunfels for the future; and WHEREAS, the City Council, on September 14, 1998, adopted an ordinance providing a tax relief/incentive for the stabilization, rehabilitation and renovation of properties and/or structures designated as historic landmarks, by the City of New Braunfels; and WHEREAS, the City Council on March 12, 2007,.adopted an ordinance providing a 20% property tax exemption to property owners as an incentive to become a part of a historic district, and WHEREAS, such an incentive is consistent with Goal12, 65, 73, and 75 of the 2006 City of New Braunfels Comprehensive Plan; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: Section 1. THAT, Section of the New Braunfels Code of Ordinances, City of New Braunfels, Texas is hereby changed as shown in Exhibit A: Section 2. THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or repealed shall remain in full force and effect. Section 3. THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. 1

77 67 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. reading. Section 5. This ordinance shall become effective immediately following its passage on the second and final PASSED AND APPROVED: First reading this the gth day of August PASSED AND APPROVED: Second and final reading this the 23rd day of August CITY OF NEW BRAUNFELS ATTEST: BY: R. BRUCE BOYER, Mayor Danny S. Batts II, Interim City Secretary APPROVED AS TO FORM: ALAN WAYLAND, City Attorney U:\Pianning\Ordinances\Historiclandmarks\tax incentive_include district.docx 2

78 68 EXHffiiT A Sec Incentives. (a Purpose. To promote and protect the rich heritage of the city, and to encourage the designation of structures as historic landmarks, and the designation of historic districts this section of the city's historic preservation ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s that are designated by the city as historic landmarks or located within a local historic district. (b Rehabilitation Tax relief. From the date of passage of this section, the owner of property (structure and land having historic, architectural, and cultural significance, and so designated by the City's Historic Landmark Commission, Planning Commission, and City Council, as a historical landmark or located within a local historic district shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutive five-year periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth year of the original request. Whether the application is for consecutive or future periods each request shall be considered separately and must qualify as outlined below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the City's Historic Landmark Commission with a recommendation to the New Braunfels City Council for final action. If requested, the historic preservation officer may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section or located within a local historic district as provided for in section in the New Braunfels Code of Ordinances. 1. Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Comal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Comal or Guadalupe Appraisal District shall cause said improvement(s, renovation(s, or restoration(s to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Comal or Guadalupe Appraisal District as the new property value. However, said improvement(s, renovation(s, or restoration(s shall not cause the value of the property to be less than the present value prior to completion of the work.

79 69 2. Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: (1 Structural walls; (2 Structural subfloors; (3 Structural ceilings; (4 Exterior doors; (5 Exterior paint (consistent with those colors available during the time period the structure was built; (6 Mechanical equipment; (7 Windows; (8 Exterior brick veneers or treatments; (9 Plumbing; (1 0 Electrical wiring; (11 Roof and gutter where necessary for structural integrity; (12 Facade items; (13 Elevators; (14 Foundations; (15 Termite damage and treatment; (16 Security and/or fire protection systems; (17 Architectural and engineering services if directly related to the eligible costs described above; (18 Plumbing and electrical fixtures documented as historic fixtures; and (19 Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. 3. Ineligible costs. Ineligible costs include the following: (1 Overhead; (2 Taxes; (3 Supervisor payroll; (4 Repairs of construction equipment; (5 Tools; and (6 Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. (c Tax exemption for historic districts. For properties located within a city designated historic district, property owners in the historic district will qualify for an ad valorem tax exemption of 20 percent of the assessed city ad valorem property tax. This tax exemption shall begin on the first day of the first tax year after designation of the historic district. (d Building Permit Fees waived. Upon approval of a Certificate of Alteration, the property owner will present said certificate to the Building Department and all building permit fees will be waived. (Ord. No , I, ; Ord. No , 1,

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81 71 ",City of ~IJ New Braunfels - City Council Agenda Item Report AUGUST 9, Agenda Item No. ~ G Presenter- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Consider the first reading of an ordinance granting a tax relief to the owner of the designated landmark located at 193 W. San Antonio Street, known as the Schmidt Store. APPLICANT: Ross Fortune 193 W. San Antonio Street New Braunfels TX BACKGROUND/RATIONALE: Historic Context: This building was designated a local landmark per City Ordinance No. 97-1, dated January 27, On June 10, 2008, the owner submitted an Alteration of Certificate application to the Historic Landmark Commission to restore the building and apply f9r tax incentive. The owner submitted another application showing that the rehabilitation work had been completed. Only July 13, 201 O,The Historic Landmark Commission approved unanimously that the work met the requirements of the Tax Incentive Ordinance. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan Pros: Goal 1. Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintaining the community's unique qualities. Goal12. Protect and enhance the visual environment of the City. Goal 36. Support economic development programs to recruit and attract new businesses, and to retain and expand existing businesses. Goal 43. Promote heritage tourism. Goal 58. Maintain an attractive and lively downtown area that creates a deep sense of community. Page 1 of3

82 72 Goal 64: Assure positive impact of development and growth on the heritage of New Braunfels. Goal 65. Increase historic preservation efforts in _,,- New Braunfels. Goal 67. Preserve the unique character of downtown and historic New Braunfels through the combination of neighborhood revitalization, fa9ade restoration and sensitive infi/1. Goal 75: Preserve and enhance the local historic, archeological and cultural resources. Cons: A tax incentive results in a reduction of tax revenue to the City on the increased value as determined by the Carnal County Appraisal District whose figures are not available for 2011 when this abatement would begin. Tax incentive is a minimum of five years and a maximum of ten. Tax Renewal Example for 471 Main Plaza, Schmitz Hotel Carnal Appraisal District with City tax rate of Current Value $552,290 x rate = 2,263 Tax Relief Value 381,060 x rate= 1,562 $701 $701 x 5 years= $3, approximate reduction of tax revenue. fiscal IMPACT: Fiscal impact is dependent upon the new assessed value as determined by Carnal County Appraisal District. Tax relief is for a minimum of five years. To be eligible for an additional ten years, the property owner must submit another application. The taxable value cannot be less than the present value prior to the completion of work. Carnal County Appraisal District's 2010 value is $744,140 with city taxes being $3,579, multiplied by five years is $17,895. The city will not receive less than the current tax value, it is only the increase in value which is abated. HISTORIC LANDMARK COMMISSION RECOMMENDATION: The Historic Landmark Commission unanimously approved the application for the tax relief of 193 W. San Antonio Street on July 13, 2010 STAFF RECOMMENDATION: Staff recommends approval as the proposed work meets the criteria set forth in City Code, Article Ill, Section Tax Incentive. Applicable criteria:, (c Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls Page 2 of3

83 73 of the Comal District office. The renovation exceeded the 10 percent requirement and is in compliance with the approved Certificate of Alteration. (d Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. The finished work is identified under the eligible items. Comal County Appraisal District Improvement Value (2008 $607,620 Minimum 10% value $60,762 Estimated repair cost $215,000 ATTACHMENTS 1. Application 2. Location Map 3. Code of Ordinance- Article Ill Historic Landmark Preservation section Photograph 5. Ordinance U:\Pianning\CCagenda\HistoriclandmarkComm\ 193 san antonio_tax.docx I Page 3 of3

84 74 ~-_,City of -~fj New Braunfels Tax Incentive Application - Verification City of New Braunfels Planning and Community Development Department 424 S. Castell Avenue, New Braunfels, TX ( I. Property Address: \C\'~ w.~ AntonioS\-.j ~1\G.OC\~~,T(. 1Sl~O 2. Legal Description: CJ h4 BtoOL \OOL.\ a Lot \A SO l oi 3(~ 1\c~. \l \ 3. Historic Designation:,C~\_...Th..:;:;; \ 4. Owner's Name & Signature: -~_:_:::::=-~.>oo -6,~1d:h:>~~-=-.;;'"'~<-= Owner'sAddress: t"llo \._o.,~ CS\, #~3>~ ~tv.: 6r~\.\'( 6. Contact Information: 6\0 lolao.. (o.odd. 7. Applicant's Name: J2.o~S ~ (\L 8. Applicant's Contact Information: e?/: ~0 (oqod.. 9. Current County Appraised Value: 10. Costoflmprovement: The following items are considered Eligible Costs. Insert dollar amounts next to items that apply a,nd attach receipts. Total $ ~ 1 (, S\ 1\ o Cost Eli2ible Item Cost Elitdble Item Structural walls Roof and gutter Structural subfloors F~adeitems Structural ceilings Elevators Exterior doors Fotin(fation Exterior paint Termite da.m.age treatment,- ':Q\: Mechanical eguipment ',:} I '": t 't: Security/frre systems Windows Architectural/engineer services Exterior brick treatment Plumbing & electric fixtures (historic s-~ ~O\ Plumbing Limited demolition 6o oo'o Electrical wiring ATTACHMENT 1

85 75 Note: Ineligible cost: Overhead, Taxes, Supervisor payroll, repairs of construction equipment, tools, and any other items not directly related to the exterior appearance or structural integrity or viability of the structure. I hereby request consideration for Historic Tax Incentive on the above described structure/site According to the provisions of the Tax Incentive Ordinance. I have read this ordinance and fully understand and its effect on my property. I understand that I or my representative must attend the Historic Landmark Commission meeting. Date: Applicant's Signature Date: HLC Tax Certification Date: (g-l D... J,(Dg HLC Meeting Date: 'J' <A-l '( l!. t c9-0d ~ City Council Meeting Dates: A tt.j ~

86 ~ Geocortexe r ~ Essentials v>.rt~at-" for An:GlS ServQf'" 193 W. San Antonio Street - Aerial Map Major Streets Farm to Market State Highways US Highways == Interstate Highways Street Centerlines Public Roads Proposed Public Roads Private Roads TocSymbol 0 Farm to Market State Highways Proposed State Highways US Highways... Interstate Highways Access Roads Lakes/Ponds Streams CONB City Limits CONB City Limits (shaded CONB ETJ Counties Imagery (2010 Red: Band_1 I!! Green: Band_2 Blue: Band_3 -.J O"l > -1-1 > 0 ::I: s: m z -II N Latitude Geographies Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION r- 1 0 \~ '--._-.._,.

87 77 Sec Tax incentive. (a Purpose. To promote and protect the rich heritage of the city, and to encourage the designation of structures as historic landmarks, and the designation of historic districts this section of the city's historic preservation ordinance provides a tax relief for the stabilization, rehabilitation, and renovation of property(s that are designated as historic landmarks by the city. (b Tax relief. From the date of passage of this section, the owner of property (structure and land having historic, architectural, and cultural significance, and so designated as a historical landmark by the city's historic landmark commission, planning commission, and city council, shall be eligible to apply for relief in property taxes for a period of five years. Said property, whether owned by the same individual or not, shall be eligible for such relief an additional five years. The total period of time that any one property shall be eligible to receive such tax relief shall be ten years, whether such relief is granted for two consecutive five-year periods or separate terms. For a property to be considered for a consecutive five-year period, an application shall be made during the fourth year of the original request. Whether the application is for consecutive or future periods each request shall be considered separately and must qualify as outlined below. Upon the expiration of a relief period, the property shall be placed on the tax rolls at the new appraised value and taxed accordingly. Provided, however, that should an application be received and approved during the fourth year of the first request no new appraised value will be assessed or taxed. An application for tax relief pursuant to this section shall be made prior to the first of July of the tax year in which the relief would be granted. Application shall be made to the city's historic landmark commission with a recommendation to the New Braunfels City Council for final action. If requested, the historic preservation officer may assist the owner in filing for such relief. A structure must be designated as a historic landmark as provided for in section in the New Braunfels Code of Ordinances. (c Qualification for tax relief. The owner of a property, applying for tax relief, shall be entitled to such, provided that the improvement(s, renovation(s, or restoration(s to the structure is at least ten percent of the value of the property value reflected on the tax rolls of the Carnal or Guadalupe Appraisal District office. The tax relief shall commence after the first of January in the tax year immediately following the year in which the work is completed. The tax relief shall be determined in the following manner. The Carnal or Guadalupe Appraisal District shall cause said improvement(s, renovation(s, or restoration(s to the structure to be appraised on or before December 31 the year the work was completed. This new appraised value less the present property value shall be shown on the tax rolls of the Carnal or Guadalupe Appraisal District as the new property value. However, said improvement(s, renovation(s, or restoration(s shall not cause the value of the property to be less than the present value prior to completion of the work. ATTACHMENT 3

88 78 (d Eligible costs. Eligible costs shall include exterior and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems. Fixtures, decorative items, and/or fencing shall not be eligible for consideration unless such items were original fixtures and/or decorative items of the structure. Materials and labor for repairing, replacing or adding any of the following shall be eligible: (1 Structural walls; (2 Structural subfloors; (3 Structural ceilings; (4 Exterior doors; (5 Exterior paint (consistent with those colors available during the time period the structure was built; (6 Mechanical equipment; (7 Windows; (8 Exterior brick veneers or treatments; (9 Plumbing; (1 0 Electrical wiring; (11 Roof and gutter where necessary for structural integrity; (12 Facade items; (13 Elevators; (14 Foundations; (15 Termite damage and treatment; (16 Security and/or fire protection systems; (17 Architectural and engineering services if directly related to the eligible costs described above; (18 Plumbing and electrical fixtures documented as historic fixtures; and (19 Limited demolition, not more than 15 percent of the original structure, and cleanup related to the eligible costs described above. (e Ineligible costs. Ineligible costs include the following: (1 Overhead; (2 Taxes; (3 Supervisor payroll; (4 Repairs of construction equipment; (5 Tools; and (6 Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. (f Tax exemption for historic districts. For properties located within a city designated historic district, property owners in the historic district will qualify for an ad valorem tax exemption of 20 percent of the assessed city ad valorem property tax. This tax exemption shall begin on the first day of the first tax year after designation of the historic district. (Ord. No , I, ; Ord. No , 1,

89 W. San Antonio before restoration. 193 W. San Antonio Street after restoration. ATTACHMENT 4

90 80 ORDINANCE NO AN ORDINANCE GRANTING AT AX RELIEF TO THE OWNER OF THE DESIGNATED HISTORIC LANDMARK LOCATED AT 193 W. SAN ANTONIO STREET, KNOWN AS THE SCHMIDT STORE, FOR A PERIOD OF FIVE YEARS; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the State of Texas has enacted legislation empowering municipalities to preserve and protect historic places, structures, buildings, and sites of historic and cultural importance and significance; and WHEREAS, the City Council is aware of the numerous places, structures, buildings and sites having historic and cultural importance and significance which reflect the heritage of the City, State and its people, and is committed to promote and protect the heritage of New Braunfels for the future and; WHEREAS, the City Council, on September 14, 1998, adopted an ordinance to provide a tax relief/incentive for the stabilization, rehabilitation and renovation of properties and/or structures designated as historic landmarks, by the City of New Braunfels; WHEREAS, the property owner has met all the requirements set forth in the ordinance adopted September 14, 1998, and the application has been approved by the Historic Landmark Commission of the City of New Braunfels; now, therefore; WHEREAS, the City Council approved the initial tax relief per Ordinance on February 24, 2003, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS: SECTION 1 THAT the property owner of the designated historic structure located at 193 W. San Antonio Street, and known as the Schmidt Store, be granted the tax relief as outlined in Section , Historic Preservation, of the New Braunfels Code of Ordinances, City of New Braunfels, Texas. SECTION2 THAT should any paragraph, sentence, clause, phrase or word of this ordinance is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of this ordinance, and any portions in conflict are hereby repealed. SECTION3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. SECTION4 This ordinance will take effect upon the second and final reading of same.

91 81 PASSED AND APPROVED: First reading this the gth day of August, PASSED AND APPROVED: Second reading this the 23rd day of August, CITY OF NEW BRAUNFELS ATTEST: BY: R. BRUCE BOYER, Mayor Danny S. Batts II, Interim City Secretary APPROVED AS TO FORM: ALAN WAYLAND, City Attorney U:\Pianning\Ordinances\HistoriclandmarkComm\ 193 San Antonio tax ord 2

92 82

93 f', City of ~~New Braunfels City Council Agenda Item Report AUGUST 9, 2010 Agenda Item No..2.:fl Presenter I Contact- Shannon Mattingly, Planning Director ( smattingly@nbtexas.org SUBJECT: Public Hearing and consideration of a resolution amending the 2006 Future Land Use Plan from "Commercial" to "Residential Low Density" and a second and final reading of the ordinance rezoning acres, located at 2230 Spur St., 2240 Spur St., and 184 Concepcion, from "Ca3" Commercial District to "R-2A" Single and Two-Family District. APPLICANT: Arnulfo Alanis 8502 Camberwell Dr. San Antonio, TX BACKGROUND/RATIONALE: City Council unanimously approved the first reading of the ordinance rezoning this property on July 26, The subject property is located at the corner of Concepcion and Spur Street. Earnest Eikel Field is located directly across the street from the properties and Holy Family Parish is located east of the properties. The Planning Commission approved a replat on July 6 to combine the three lots into one. Currently, the properties are zoned C-3 and the applicant is requesting to rezone to R-2A. While residential uses are allowed in the C-3 zoning district, the applicant is requesting to rezone to R-2A for tax purposes. The subject property was previously developed with two single-family residences and commercial businesses that were demolished earlier this year. The R-2A single and two-family district is intended for development of single-family residences and associated uses as well as for the development on larger parcels of land of low density two-family duplex units. The subject property is currently vacant. The applicant has indicated that he would like to build a house for himself as well as one for his in-laws, along with two detached garages. The City's definition of a duplex allows for occupancy by two families living independently of each other in an attached structure or in two separate structures on one lot. In making a recommendation on zoning, the Council and Commission should consider the following factors: Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole; Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area; How other areas designated for similar development will be affected; Any other factors that will substantially affect the public health, safety, morals, or general welfare; and Whether the request is consistent with the Comprehensive Plan. Page 1 of3

94 General Information: Size: Surrounding Zoning and Land Use: Comprehensive Plan/ Future Land Use Designation: lmprovement(s: acresl20,351 square feet North- C-3 I Single-Family Residences South - R-2 I Earnest Eikel Field, JAWS Skate Park East- C-3 I Single-Family Residences West- C-3 I Holy Family Parish The current land use designation is Commercial. Staff recommends amending the Future Land Use Map to show the property as Low Density Residential. Vacant Notification: Public hearing notices were sent to twelve property owners located within 200 feet. No responses were received. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: Yes City Plan/Council Priority: 2006 Comprehensive Plan Pros ancl Cons Basecl on Policies Plan Pros: Goal 1 C Consider rezoning, as necessary, to ensure existing and future land use compatibility. The zone change to R-2A is more compa'tible with the existing land use as the properties are adjacent to a low density residential area Goal 28 Enable residents to live within walking or a short commuting distance from the work, school, and shopping. The property is located within walking distance of a church as well as a school and park. Goal 20 Approve rezoning that provide for a mix of land uses. The proposed zoning provides a mix of land uses. Cons: Objective 1A: Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The future land use designation for the properties is Commercial. FISCAL IMPACT: NIA Page2 of3

95 85 BOARD/COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on July 6th, 2010 and recommended approval of the zone change, unanimously ( STAFF RECOMMENDATION: Staff recommends approval of the proposed zoning, which is compatible with the existing land use within the immediate area. Staff also recommends amending the Future Land Use designation on the property from "Commercial" to "Low Density Residential." ATTACHMENTS: 1. Application and Survey 2. Zoning Map 3. Existing Land Use Map 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Sec "R-2A" Single-Family and Two-Family District 8. Excerpt from Planning Commission Minutes of July 6, Resolution 10. Ordinance U:\Pianning\CCAgenda\ZoneChgs&SUP\Aianis R-2A znd rdg O.doc Page 3 of3

96 (J N~~ Braunfels -..., b 86 APPLICATION FOR ZONE CHANGE -124 S CASTFI.L A lh':yl. F.\ E IF B R t f \ F E l. S T X 7 S I 3 fi F- \{ l/l planning!d-nhtexas.oj.:x. NfU\L c8f!t 11!--ti!5rt Fl\.!830.J60S.-.?JOO,r 1. Applicant- If owner(s, so state; If agent or other type of relationship, a letter of authorization must be furnished from owner(s at the time submitted. Name.~--A~R~N~U~L_F=D- ~~A_L=A N_I_S -=--==~=----==-==~-=----==-= Mailing Address f :G> VL Cl4f/'/d lbi53r(l;u J:!f;-lL :D at_. s,rq.50!1 iv'"fo, 0 t 0 'tk 1rtt.5"'{ Telephone: 2-J D!fio &37o Fax: Mobile: ~---~= 2. Property Address/Location: (!] 22.3o S:..tP..tUL,J,''(; f3:'j '22-i'D SfftJ257'; (};!!fif UJ;t.IG:!:rfJCtJJ 0 4u:t 3. Legal Description:,f?. ' 1 ~ 4. Name of Subdivision: Dt1 Ga;~J l!r V t J,. 'u4 {.-;J!}"i 1 1r D,'~, l3l-oc. JC l. Lv15 lb / t1,~ ; JJ r u Lot(s: f ~~ t9 >~ 3 i.f ' ' Block(s: z_ Acreage: (2.. 3 "('[{ r~ { &, 13.; &.. i > s Existing U~~ ~t Property :=...li,.,f~"""~a,'l&, -,;:,Co~ f1r..;j 6,; ;...'-'_' -~.r_ =.:..(..,' o..:;d v~'lti.bl.::yvt~'f:.::o:. ;;l(.lt.~c;...;..«.:.;d-;...<-;;;;-;,...---~~ 0 ~ ~~--:~=---_;--~ 5. Proposed Use of Property (attach additional or supporting information if necessary: (3 q l L b 'JoM,,t-4. AS. Otv {:. Lo F 6. Zoning Change Request: Current Zoning: GD~'IA!liA.. C3 Proposed Zoning ff.'-;~-" -=-... s:.....!i-...,;;..;:;;_=-.lll 7. If "POD Planned Development Districf', check if: Concept Plan~-- OR Detail Plan ts' 6. ATTJCHMENTS: ~ Metes and bounds description or survey and map if property is not platted. Location in 100-year floodplain: Please provide a map of the floodplain overlaying the property proposed for zoning or, at a minimum, a copy of the proper FEMA flood map, with panel number. (Current floodplain maps are - those most recently adopted by the City Council. _1!_ / Map of property in relation to City limits/major roadways or surrounding area. If requesting a Planned Development (PO, applicant must provide development standards on the detail plan and/or provide the standards in a separate document as described in the Zoning Ordinance, Section 3.5. Provide 14 copies of the 1 :200 for distribution with 4 copies of 1 :200 and one legible 11 x17 of the revisions., j,. / 1 For Office Use Only Fee Received By:~/Jurv.::<.: :;..~...:..::.-~-=----~Amount $54 5' 0 0 Receipt No.: J_7_Cf,;_/ _b_]_k, Date Received: 5--:.../._.;t_8~_1_0 Zoning signs issued: Date: No..3 Sash/Check Number: 7_0_/ h Case Number: P_Z._I_C>_-_J._I Z:\Applications\Zone Change.DOC Page'! of3 ATTACHMENT 1

97 \,_, --.._/ '~ tu w ~ 0 g 3 I CJ LOT 11 EXISTING C-3 ZONING LOT 12 EXISTING C-3 ZONING LOT 13 EXISTING C-3 ZONING ~... 0~ ~~~<;.::- ~'I> c'f".,..._c;,,-o'l-... q'<>. --~~'~>-o "'9'"' _,.c'v LOT 16 EXISTING C-3 ZONING LOT 19 EXISTING C-3 ZONING LOT 18 EXISTING C-3 ZONING 184 CONCEPCION ~v~<'~ ~',.._o"' 0 0 c,,<s>..g~oq LOT 17 EXISTING C-3 ZONING 2230 SPUR ST. w :::> z ~ z 0 f( w ( z SPUR ST. LOT 15 EXISTING C-3 ZONING #'J~~<CS K-$-LODZIE SURVEYING COMPANY 197 EAST ~IU.. SmEET NEW EIRAUNFEt.S, 1X 71113Q-;pHQJiE: ~0-625ii~84~FAX: ZONING EXHIBIT ACRE. IN THE J.M. VEAAMENDI SURVEY NO. 1, A-2. COMAL COUNT'(, TEXAS ~ ~~~~A~ATE.05/27/IC J

98 "- ~ ~-----~ ~ N ~/ PZ10-21 Arnulfo Alanis 2230 Spur St., 2240 ~""~r St., and 184 Concepcion {JoR-2A Map Created On 6/17/10 \J

99 Exist~ Land Use Map I 7 7 '""j <' <::::: "' Existing Land Use D Residential Low Density - Commercial -School w PZ10-21 Arnulfo Alanis 2230 Spur St., 2240 Spur St., and 184 Concepcion C-3 to R-2A "-"'-'---'-"'-"'-' Institutional -Open Space ~SUBJECT Map Created On 6/17/10

100 -~---~~--~-~ Future Land Use Map Future Land Use lnm!institutional - Open-Parks D Residential Low Density -School ~SUBJECT ~ f"' _,City of ~-.New Braunfels... -~=---- \,._/ "'-n PZ10-21 Arnulfo Alanis 2230 Spur St., 2240 ~- ~r St., and 184 Concepcion C..o R-2A..._,..

101 -- ~---~~---'""""~ -._.,_.. "_._.., (Jt r-, Citvof ~-.. New Braunfels "'z,...,. -- PZ10-21 ArnulfQ Alanis 2230 Spur St., 2240 Spur St., and 184 Concepcion C-3 to R-2A

102 PLANNING COMMISSION-JULY 6, :00PM New Braunfels Municipal Building, Council Chambers Applicant: Arnulfo S. Alanis and Gloria H. Alanis Address/Location: acres in the J.M. Veramendi Survey No. 1, A-2 Owner(s: Arnulfo S. Alanis and Gloria H. Alanis REQUEST FOR ZONING- CASE #PZ10-21 The circled numbers on the map correspond to the property owners listed below. All information is from the Comal Appraisal District Records. The property under consideration is marked as "SUBJECT' Holy Family Church Archdiocese of San Antonio Benito M. Castilleja Jacinta Gallegos City of New Braunfels Baltazar and Andrea Suarez 7. Maria Sidelia Valdez 8. Anastacio and Angelita Vela 9. Aguinaldo Zamora 10. Aguinaldo and Cristina Zamora 11. Ernestina Zamora 12. Jimmy and Blanca Zamora (~ SEE MAP ON REVERSE ATTACHMENT 6,_

103 215 \j~ ~ Q0. "1~ _I \\, \ \ 2365 \.,\',,, \.,_ '\\,\ 2~5 G ' 255 \ \\ \ '\.._ \,.~250 \\," "" ~ !<. g: :;j ~ Legend ~SUBJECT CJ NotificationBuffer ~,Cityof ~-.. New Braunfels "tv 4... PZ10-21 Arnulfo Alanis 2230 Spur St., 2240 Spur St., and 184 Concepcion C-3 to R-2A Map Created On 6/17/10

104 "R-2A" single-family and two-family district. Purpose. The R-2A single-family and two-family districts intended for development of single-family residences and associated uses as well as for development on larger parcels of land of low density twofamily duplex units. The following regulations shall apply in all "R-2A" districts: (a Authorized uses. Uses permitted by right and by special use permit shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows (1 Uses permitted by right: Residential uses: Accessory building/structure Accessory dwelling (one accessory dwelling per lot, no kitchen Community home (see definition Duplex I two-family I duplex condominiums Family home adult care Family home child care Home occupation (See Sec. 5.4 One family dwelling, detached Single or two family industrialized home (see Sec Non-residential uses: Barns and farm equipment storage (related to agricultural uses Cemetery and/or mausoleum Church/place of religious assembly Community building (associated with residential uses Contractor's temporary on-site construction office (only with permit from Building Official; see Sec. 5.9 Farms, general (crops (see Chapter 6, Municipal Code and Sec. 5.8 Farms, general (live stock/ranch (see Chapter 6, Municipal Code and Sec. 5.8 Golf course, public or private Governmental building or use (state/federally owned and operated Municipal use owned or operated by the City of New Braunfels, including libraries Park and/or playground (public or private Public recreation/services building for public park/playground areas Recreation buildings (public (a School, K-12 (public or private Truck garden (no retail sales (b University or college (public or private Water storage (surface, underground or overhead, water wells and pumping stations that are part of a public or municipal system (2 Conflict: In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection (1, the uses listed in this subsection shall be deemed those authorized in the district. (b Maximum height, minimum area and setback requirements: (1 One family dwellings. (i Height. 35 feet. (ii Front building setback. 25 feet. (iii Side building setback. There shall be a side building setback on each side of a building not less than 5 feet in width. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide ATTACHMENT 7

105 95 with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (iv Rear building setback. 20 feet. (v Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 70 feet. (vi Lot area per family. Every single-family dwelling hereafter erected or altered shall have a lot area of not less than 6,600 square feet per family for interior lots, and 7,000 square feet per family for corner lots, provided that where a lot has less area than herein required and such lot was in separate ownership prior to September 25, 1967, this requirement will not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than one half acre and one acre on the Edwards Aquifer Recharge Zone. (vii Lot depth. 100 feet. (2 Duplexes. (viii Parking. Two off-street parking spaces shall be provided for each one-family detached dwelling unit. See Section 5.1 for other permitted uses' parking. (i Height. 35 feet. (ii Front building setback. 25 feet. (iii Side building setback. There shall be a side building setback on each side of a building not less than 5 feet in width. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (iv Rear building setback. 20 feet. (v Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 70 feet. (vi Lot area per family. Two-family dwellings (duplexes hereafter erected or altered shall have a lot area of not less than 8,000 square feet for an interior lot and 8,500 square feet for a corner lot. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than one acre and approved by the City Sanitarian. (vii Lot depth. 100 feet.

106 96 (viii Parking. Two off-street parking spaces shall be provided for each two-family dwelling unit. See Section 5.1 for other permitted uses' parking. (3 Non-residential uses: (i Height. 35 feet. (ii Front building setback. 25 feet. (iii Side building setback. There shall be a side building setback on each side of a building not less than five feet in width. Where any building abuts a property with a one or two family use, the setback from the one or two family property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet. (iv Corner lots. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Where a minimum 25-foot setback is required, a canopy at least eight feet in height, attached to the main building, may be built within 15 feet of the property line so long as such construction will not obstruct the vision of vehicular or pedestrian traffic. (v Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec (vi Rear building setback. 20 feet. (vii Width of lot. 60 feet. (viii Lot depth. 100 feet. (ix Parking. See Section 5.1 for permitted uses' parking.

107 97 DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF JULY 6, 2010 PUBLIC HEARING Case PZ10-21: Hold a Public hearing and make a recommendation to City Council regarding the proposed rezoning of acres, located at 2230 Spur St., 2240 Spur St., and 184 Concepcion, from "C-3" Commercial District to "R-2A" Single and Two-Family District and a Future Land Use Map amendment from "Commercial" to "Low Density Residential." (Arnulfo and Gloria Alanis Ms. Brake explained that the currently vacant lots were located at the corner of Concepcion and Spur Street. She said that although residential uses were allowed in the C-3 zoning district, the property owner was requesting the rezoning to R-2A for tax purposes and planned to build a house for himself as well as one for his in-laws, along with two detached garages. He also proposed to replat the three properties into one lot. She said notices were sent to 12 property owners located within 200 feet; no responses were received. She added that staff recommended approval of the proposed zoning and Future Land Use Map amendment. Chair Casteel asked if there was anyone present who wished to speak in favor of the rezoning. Arnulfo Alanis, 8502 Camberwell Dr., San Antonio, explained that he grew up in New Braunfels and hoped to retire in his hometown after living in many other cities. Chair Casteel asked if there was anyone present who wished to speak in opposition to the rezoning. No one spoke. Motion by Commissioner Elrod, seconded by Commissioner Namken, to close the public hearing. The motion carried unanimously. (7-0-0 " Motion by Commissioner Elrod, seconded by Commissioner Namken, that Case PZ10-21, the proposed rezoning of acres, located at 2230 Spur St., 2240 Spur St., and 184 Concepcion, from "C-3" Commercial District to "R-2A" Single and Two-Family District and a Future Land Use Map amendment from "Commercial" to "Low Density Residential", be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (7-0-0 ATTACHMENT 8

108 98 RESOLUTION NO. 2010R- A RESOLUTION OF THE CITY OF NEW BRAUNFELS, TEXAS, AMENDING THE 2006 FUTURE LAND USE PLAN BY CHANGING THE DESIGNATION ON ACRES, LOCATED AT 2230 SPUR ST., 2240 SPUR ST., AND 184 CONCEPCION, FROM "COMMERCIAL" TO "RESIDENTIAL LOW DENSITY". WHEREAS, the property owner of acres submitted an application to the City requesting a change in zoning of acres from "C-3 Commercial District" to "R2.;..A Single and Two-Family District" located at 2230 Spur St., 2240 Spur St., and 184 Concepcion; and WHEREAS, the proposed amendment to the Future Land Use Plan is consistent with the goals and objectives of the 2006 Comprehensive Plan; and WHEREAS, the Planning Commission held a public hearing and made recommendations to approve the zoning change and amend the Future Land Use Plan on July 6, 201 0; and 9,2010;and WHEREAS, the City Council held a public hearing to amend the Future Land Use Plan on August WHEREAS, two single-family residences are proposed on the property; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: THAT, the document titled Amendment to 2006 Future Land Use Map and attached hereto as Exhibit "A", is hereby adopted as part of the City of New Braunfels Official Comprehensive Plan. A copy of said map along with a copy of this resolution shall be maintained in the permanent records of the City of New Braunfels; THAT, said document shall be used as a guide to facilitate other development and master plans that the City deems necessary for systematic growth and development; THAT, said document shall depict generalized locations of land uses which are subject to modifications to fit local conditions and are subject to refinement as development occurs; BE IT FURTHER RESOLVED that all recommendations to amend the New Braunfels Future Land Use Plan shall be first submitted to the New Braunfels Planning Commission for study and a recommendation prior to being presented to the New Braunfels City Council for consideration.

109 99 ADOPTED AND APPROVED this the gth day of August, CITY OF NEW BRAUNFELS, TEXAS BY:-=-=-=-=-=-=-===:-:-:::---- R. BRUCE BOYER, Mayor ATTEST: DANNY S. BATTS II, Interim City Secretary :: Z:\Resolutions\Comprehensive Plan\Amendments\Land Use Plan Amendment 2010 Alanis.doc

110 Amended Future Land Use Map FuturelandUse Future Land Use - Cemetary - Commercial!:;'t~:,~~:K,i.J Institutional - Open-Parks D Residential Low Density -School m >< ::J: OJ =t ~ ~SUBJECT f', City of ~-.New Braunfels ~- ----~ PZ10-21 Arnulfo Alanis 2230 Spur St., 2240 "--ur St., and 184 Concepcion \..._. ito R-2A Map Created On 7/27/10 ~-