CITY OF FREDERICKSBURG CITY COUNCIL AGENDA

Transcription

1 CITY OF FREDERICKSBURG CITY COUNCIL AGENDA MONDAY, MAY :00 p.m. Law Enforcement Center East Main Street 1. Call to Order. (Swearing In - 6:45 pm) Page Ref. 2. Pledge of Allegiance. 3. Approval of March and April 2012 minutes. Pp 1-18 PUBLIC HEARINGS 4. PUBLIC HEARING (Z-1205) by Michel G. Painter to consider a change in zoning Pp from R-l Single Family Residential to C-2 Commercial on a acre tract of land being a portion of LotA4,,Block 2 and Lot I S, Block 2 of the Louis Preiss Addition to the town of Fredericksburg, generally located at the southwest corner of Kay Street and Austin Street. UNFINISHED BUSINESS 5. Receive recommendation and consider adopting ordinance for Z Consider Ordinance denying application to increase rates submitted by Atmos Energy Corporation. Pp32-35 NEW BUSINESS 7. Consider request for Horse Drawn Carriage permit by Brandon Rogers, Sturdy Oak Pp Carriages. 8. Consider request for closure of Adams St. during Oktoberfest. (Debbie Farquhar- Pg 38 Garner) 9. Receive an update on current well levels and discuss current water rationing stage. Make recommendations on water rationing stage based on current conditions. (Wallendorf) 10. Consider appointment of council member to fill unexpired term of Tommy Segner. 11. Consider appointing Mayor Pro-Tem. 12. City Manager's Report. 13. Future agenda items.

2 City Council Agenda May 21, 2012 Page 2 COMMENTS 14. Public Comment. 15. Council Comment. EXECUTIVE SESSION Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections (Consultation with Attorney), (Deliberations about Real Property), (Deliberations about Gifts and Donations), (Personnel Matters), (Deliberations about Security Devices) and (Economic Development). 16. Discuss appointment of council member to fill unexpired term of Tommy Segner. ADJOURNMENT

3 STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG REGULAR CITY COUNCIL MEETING MARCH 5, :00PM On this the 5'h day of March, 2012, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum: TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER TOM1fY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE GARY NEFFENDORF - CITY MANAGER PAT MCGOWAN - CITY ATTORNEY JIMMY ALEXANDER - DIR. OF PARKS & RECREATION CRAIG WALLENDORF - D.P.W.U. BRIAN JORDAN - DIR. DEVELOPMENT SERVICES PAUL O ESTREICH - CHIEF OF POLICE The meeting was called to order at 7:00 PM following the Pledge of Allegiance. MINUTES OF THE DECEMBER 2011 MEETINGS - It was moved by Council Member Dooley, seconded by Council Member Pearson, to approve the December 2001 minutes. The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried. ADDING PARK POOL REPAIRS AS AN OPTION ON BOND ELECTION BALLOT - It was moved by Council Member Segner to include a 3'" option to the May ballot to approve park pool repairs and upgrade Lady Bird Johnson park pool without expansion. The motion died for lack of a second. ORDINANCE CALLING A REGULAR CITY ELECTION MAY It was moved by Council Member Dooley, seconded by Council Member Pearson, to adopt an ordinance calling a regular City election on May 12, The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried. ORDINANCE NO AN ORDINANCE CALLING A REGULAR CITY ELECTION ON MAY 12, 201 2, FOR THE ELECTION OF A MAYOR AND TWO (2) COUNCIL MEMBERS FOR THE CITY OF FRE DERICKSBURG, TEXAS; ESTABLISHING PROCEDURES, RULES AND REGULATIONS FOR CONDUCTING SUCH ELECTION; AND PROVIDING FOR NOTICE OF SUCH ELECTION. (Recorded in Ordinance Book).

4 ORDINANCE CALLING MAY 12, 2012 RECALL ELECTION - It was moved by Council Member Pearson, seconded by Council Member Dooley, to adopt an ordinance calling a May 12, 2012 Recall Election. The vote was as follows: AYE: Musselman, Dooley, Pearson and Jones; NAY: None; ABSTAIN: Segner. Motion carried. ORDINANCE NO ORDINANCE CALLING FOR A RECALL ELECTION TO BE HELD ON MAY 12, 2012 FOR THE PURPOSE OF CONSIDERATION OF THE REMOVAL OF THOMAS W. SEGNER ALSO KNOWN AS TOMMY SEGNER FROM THE OFFICE OF CITY COUNCIL MEMBER OF THE CITY OF FREDERICKSBURG BY RECALL. (Recorded in Ordinance Book). ORDINANCE CALLING A MAY 12, 2012 BOND ELECTION - It was moved by Council Member Jones, seconded by Council Member Pearson, to adopt an ordinance calling a May 12, 2012 Bond E lection. The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried. ORDINANCE NO ORDINANCE CALLING BOND ELECTION THE STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG WHEREAS, the City Council deems it advisable to call the election hereinafter ordered. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: 1. An election shall be held between the hours of7:00 AM and 7:00 PM on May 12, 2012 in the city at the following designated polling place: Middle School Cafeteria Building 110 West Travis Street Fredericksburg TX The City shall constitute a single election precinct for the election, and the following election officers are hereby appointed to hold said election: Presiding Judge: Alternate Presiding Judge: Katherine Halamicek Bill Pace 2. The Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting the election; providing that if the Presiding Judge actually services as expected, the Alternate Presiding Judge shall be one of such clerks.

5 3. Earll' voting shall be conducted by personal appearance and by mail at the City of Fredericksburg, City Hall, 126 West Main, Fredericksburg, Texas during the period early voting is required of permitted by law, being April 30, 2012 through May 8, 2012, on each day except Saturdays, Sundays, and legal state holidays. The hours designated for early voting by personal appearance during each day that early voting shall be conducted by personal appearance shall be from 8:30 AM to 4:30 PM on each day, except for Tuesday, May 3, 2012 and Tuesday, May 10, during which two days the hours designated for early voting by personal appearance shall be from 8:30 AM to 8:30 PM; and the early voting clerks shall keep the early voting place open during such hours for early voting by personal appearance. The early voting clerk for the election shall be Shelley Britton. The early voting clerk's mailing address to which ballot applications and ballots to be voted by mail may be sent is: 126 West Main St., Fredericksburg, Texas An early ballot board is hereby created to process early voting results, and Katherine Halamicek is hereby appointed the Presiding Judge of the board. The Presiding Judge shall appoint at least two other members of the board. 5. All resident qualified voters of the City shall be entitled to vote at the election. 6. A substantial copy of this Ordinance shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the city, not earlier than the 30'h day or later than the 10'h day before the election day, the first publication being not less than 14 days before the date of the election. A substantial copy of this Ordinance shall be posted, not later than the 21" day before election day, at the City Hall on the bulletin board used for posting notices of meetings of the City Council, which is hereby declared to be a public place within the City, and at three public places in the City. 7. At the election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO.2 Shall the City Council of the City of Fredericksburg, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $1,800,00 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of providing funds to acquire, purchase, construct, improve, renovate, enlarge or equip property, buildings, structures, facilities or related infrastructure for a swimming pool at Lady bird Johnson Municipal Park; and shall said City Council be authorized to ley and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO.3 Shall the City council of the City of Fredericksburg, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $1,400,00 with the bonds of each such series or issues, respectively, to mature serially within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, in accordance with law at the time of issuance, for the purpose of

6 providing funds to acquire, purchase, construct, improve, renovate, enlarge or equip property, buildings, structures, facilities or related infrastructure for a swimming pool at the current location on West Travis Street; and shall said City Council be authorized to ley and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? 8. The official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST' the aforesaid PROPOSITIONS with the ballots to contain such provisions, markings and language as required by law, along with other ballot elections and propositions and with PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO 2 FOR ) AGAINST ) THE ISSUANCE OF BONDS IN AN AMOUNT NOT TO EXCEED $1,800,00.00 FOR SWIMMING POOL AND RELATED IMPROVEMENTS AT PARK POOL (LADYBIRD JOHNSON MUNICIPAL PARK) PROPOSITION NO 3 FOR ) AGAINST ) THE ISSUANCE OF BONDS I N AN r\mount NOT TO EXCEED $1,400,00.00 FOR SWIMMING POOL AND REL\ TED IMPROVEMENTS AT TOWN POOL (r\ T ITS CURRENT LOCATION AT WEST I'M VIS STREED 9. In all respects the election shall be conducted in accordance with the Texas Election Code and all applicable federal laws. ADOPTED March 5, ATTEST: lsi Tom Musselman. Mayor lsi Shelley Britton. City Secretaty SUSPENSION RESOLUTION TO EXTEND THE EFFECTIVE DATE OF PROPOSED ATMOS ENERGY RATES - It was moved by Council Member Dooley, seconded by Council Member Pearson, to adopt the Suspension Resolution to extend the effective date of the proposed Atrnos Energy rates. The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried.

7 RESOLUTION RESOLUTION BY THE CITY OF FREDERICKSBURG, TEXAS ("CITY") SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF ATMOS ENERGY CORPORATION ON OR ABOUT JANUARY 31, 2012; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Atmos Energy Corporation ("Atmos" or "Company") ftled a Statement of Intent with the City on or about January 31, 2012 to change its rate schedules within the corporate limits of this municipality, specifically to increase its system-wide, annual revenue requirement by approximately $49.0 million which is an increase in base-rate revenue exclusive of cost of gas of approximately 12%; and WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and under Chapter 104, et seq. of GURA has exclusive original jurisdiction over Atmos' rates, operations, and services within the municipality; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating Atmos' rate request and its changes in tariffs it is prudent to coordinate the City'S efforts with a coalition of similarly situated municipalities; and WHEREAS, the City, in matters regarding applications by Atmos to change rates, has in the past joined with other local regulatory authorities to form the Atmos Texas Municipalities ("ATM"), and hereby continues its participation in A TM; and WHEREAS, Atmos' rate request consists of a voluminous amount of information including Atmos' rate-filing package, pre-ftled direct testimony, exhibits, schedules, and work papers; and

8 in rates; and WHEREAS, Atmos proposed March 6, 2012 as the effective date for its requested increase 6,2012; and WHEREAS, it is not possible for the City to complete its review of Atmos' filing by March WHEREAS, the City will need an adequate amount of time to review and evaluate Atmos' rate application to enable the City to adopt a final decision as a local regulatory authority with regard to Atmos' requested rate increase; and WHEREAS, the City will requite the assistance of specialized legal counsel and rate experts to review the merits of Atmos' application to increase rates; and WHEREAS, to the extent Atmos seeks review at the Railroad Commission of Texas of the City's fmal decision regarding Atmos' statement of intent to change rates, or should Atmos submit a statement of intent to the Railroad Commission to increase rates in the environs of the City, the decision of the Railroad Commission of Texas could have an impact 0 11 the rates paid by the City and its citizens who are customers of Atmos and in order for the City's participation to be meaningful it is important that the City promptly intervene in such proceeding at the Railroad Commission of Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: Section 1. The findings set out in the preamble are in all things approved and incorporated herein as if fully set forth. Section 2. Atmos' proposed effective date for its proposed Increase ill rates is hereby SUSPENDED for ninety days beyond March 6, Section 3. The statutory suspension period may be further extended if Atmos does not provide timely, meaningful, and proper public notice of its request to increase rates, or if its rate-filing package is materially deficient. Section 4. The City shall participate in a coalition of cities known as the Atmos Texas Municipalities or as "ATM" and authorizes intervention in proceedings related to Atmos' Statement of Intent before the Railroad Commission of Texas and related proceedings in courts of law; and Section 5. The City hereby orders Atmos to pay the City'S rate case expenses as provided in the Gas Utility Regulatory Act and that Atmos shall do so on a monthly basis and within 30 days after

9 submission of tbe City's invoices for tbe City's reasonable costs associated witb the City's activities related to this rate review or to related proceedings involving Atmos before tbe City, the Railroad Commission of Texas, or any court of law. Section 6. Subject to tbe right to terminate employment at any time, tbe City retains and autborizes tbe law firm of Herrera & Boyle, PLLC to act as Special Counsel with regard to rate proceedings involving Armas before tbe City, tbe Railroad Commission of Texas, or any court of law and to retain such experts as may be reasonably necessary for review of Armos' rate application subject to approval by the steering committee of tbe ATM. Section 7. The City, in coordination witb tbe Steering Committee, shall review tbe invoices of the lawyers and rate experts for reasonableness before submitting tbe invoices to Atmos for reimbursement. Section 8. A copy of this resolution shall be sent to Armas Energy Mid-Tex, care of Mr. David Park, Vice President Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240; and to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Ave., Suite 1250, Austin, Texas Section 9. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. This resolution shall become effective from and after its passage. PASSED AND APPROVED this 5'h day of March, sl Tom Musselman. Mayor ATTEST: l si Shelley Britton. City Secretary ADDING 15% PENALTY TO THE AMOUNT OF DELINQUENT TAX. PENALTY, AND INTEREST FOR THE YEAR 2011 REMAINING DELINQUENT AS OF JULY PURSUANT TO PROPERTY TAX CODE SECTION 33,07 TO DEFRAY COSTS OF COLLECTION - It was moved by Council Member Dooley, seconded by Council Member Segner, to approve adding 15% penalty to tbe amount of delinquent tax, penalty, and interest for the year 2011 remaining delinquent as of July 1,2012 pursuant to Property Tax Code Section to defray costs of collection. The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried. EXTENSION OF EMPLOYMENT CONTRACT WITH BRYLA & SCHOESSOW FOR COLLECTION OF DELINQUENT TAXES OWED THE CITY OF FREDERICKSBURG FOR ONE YEAR - Council Member Dooley moved, seconded by Council Member Jones, to approve the extension of tbe Employment Contract with Bryla & Schoessow for collection of delinquent taxes owed tbe City of Fredericksburg, for one year. The

10 vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and Jones; NAY: None. Motion carried. FUTURE AGENDA ITEMS - Well levels will be discussed on the 19,h PUBLIC COMMENT - Comments were received in opposition to the recall issue from Chris Ward, Sonja Rivera, Kurt Regester, Rosemary Estenson, Jerry Farley, Cay Meadows, and Virginia Oehler. Dorothy Jessee inquired about water restrictions. Linda Langerhans, Tonya Benson, and John Detrnar commented on the pools issue. COUNCIL COMMENT - Council Member Jones stated that he disagreed with sitting council members judging fellow council members; Council Member Pearson and Council Member Dooley spoke to the seriousness of the IRS' allegations of federal employment and unemployment taxes being unpaid; Council Member Segner stated that he did not approve of the newspaper headline "Segner threatens to sue City". Mayor Musselman commented on the pool committee recommendation. With no further business, Council Member Dooley made a motion to adjourn the meeting at 8:40 PM. Council Member J ones seconded the motion. Motion carried. PASSED AND APPROVED this the 21 " day of May, SH ELLEY BRITTON, CITY SECRETARY JERYL HOOVER, MAYOR * * * * * * * * * * * * :I: STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG REGULAR CITY COUNCIL MEETING MARCH 19, :00PM On this the 19'h day of March, 2012, City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum: TOM MUSSELl\.lAN - MAYOR GRAHAM PEr\RSON - COUNCIL MEMBER TIM DOOLEY - COUNCIL MEl\1BER TOMMY SEGNER - COUNCIL MEMBER SCOTf JONES - COUNCIL MEMBER ABSENT: NONE

11 ALSO PRESENT: GARY NEFFENDORF - CITY MANAGER PAUL OESTREICH - CHIEF OF POLICE PAT MCGOWAN -CITY ATTORNEY CRAIG WALLENDORF - D.P.W.U. BRIAN JORDAN - DIR. DEVELOPMENT SERVICES BRAD KOTT - DIRECTOR OF FINANCE JIMMY ALEXANDER - DIRECTOR OF PARK & REC The meeting was called to order at 7:00 PM following the Pledge of Allegiance. PUBLIC HEARING: REOUEST Z-1203 BY THE CITY OF FREDERICKSBURG TO: (A) CONSIDER A CHANGE IN THE LAND USE FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL ON PROPERTY LOCATED AT 603 S. WASHINGTON, 60S S. WASHINGTON, AND 508 LONGHORN STREET, AND CONSIDER A CHANGE IN ZONING FROM R-3 MULTI FAMILY RESIDENTIAL TO C-2 COMMERCIAL ON SAID PROPERTIES - It was moved by Council Member D ooley, seconded by Council Member Jones, to recess the regular session and open the public hearing on Request Z-1203 by City of Fredericksburg to: (a) consider a change in the Land Use Plan from High Density Residential to Commercial on 603 S. Washington, 605 S. Washington, and 508 Longhorn Street, and (b) consider a change in zoning from R-3 Multi Family Residential to C-2 Commercial, on said property. Motion carried. With no comments from the public, it was moved by Council Member Dooley, seconded by Council Member Segner, to adjourn the public hearing and reconvene the regular session. All voted in favor and the motion carried. REOUEST Z It was moved by Council Member Dooley, seconded by Council Member Segner, to approve Request Z-1203 for a change in the Land Use Plan from High Density Residential to Commercial on 603 S. Washington, 605 S. Washington, and 508 Longhorn Street, and a change in zoning from R-3 Multi Family Residential to C-2 Commercial Zoning, on said property. The vote was as follows: AYE: Musselman, Dooley, Pearson, Jones, and Segner. NAY: None. Motion carried. ORDINANCE NO AN ORDINANCE ADOPTING A CHANGE IN THE COMPREHENSIVE PLAN OF THE CITY OF FREDERICKSBURG; SPECIFICALLY IN THE LAND USE MAP AND COMPREHENSIVE PLAN AS TO APPROXIMATELY 0.50 ACRES OF LAND BEING PART OF GERMAN EMIGRATION COMPANY OUTLOT NUMBER 591 & 615, SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS, PROVIDING THAT THE CHANGE TO COMMERCIAL BECOME A PART OF THE COMPREHENSIVE PLAN AND PROVIDING FOR AN EFFECTIVE DATE. (Recorded in Ordinance Book)

12 ORDINANCE NO AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FREDERICKSBURG AND CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.50 ACRES OF LAND BEING PART OF GERM.AN EMIGRATION COMPANY OUTLOT NUMBER 591 & 615, SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS FROM R-3, MULTI-FAMILY RESIDENTIAL TO C-2 COMMERCIAL. (Recorded in Ordinance Book) PUBLIC HEARING: REQUEST Z-1204 BY THE CITY OF FREDERICKSBURG TO: (A) CONSIDER A CHANGE IN THE LAND USE FROM MIXED USE CORRIDOR TO PUBLIC/SEMI-PUBLIC ON PROPERTY LOCATED AT 1906 N. LLANO. 95 FREDERICK ROAD, AND 99 FREDERICK ROAD. AND (B) CONSIDER A CHANGE IN ZONING FROM C-2COMMERCIAL, TO PF PUBLIC FACILITIES ON SAID PROPERTY - It was moved by Council Member Dooley, seconded by Council Member Segner, to recess tbe regular session and open tbe public hearing on Request Z-1204 by the City of Fredericksburg to: (a) consider a change in the Land Use Plan from Mixed Use Corridor to Public/Semi-Public on property located at 1906 N. Liano, 95 Frederick Road, and 99 Frederick Road, and (b) consider a change on zoning from C-2 Commercial, to PF Public Facilities, on said property. Motion carried. Witb no comments from tbe public, it was moved by Council Member Dooley, seconded by Council Member Segner, to adjourn tbe public hearing and reconvene the regular session. All voted in favor and the motion carried. REQUEST Z It was moved by Council Member Dooley, seconded by Council Member Pearson. to approve Request Z-1204 for change in the Land Use Plan from Mixed Use Corridor to Public/Semi-Public on property located at 1906 N. Liano, 95 Frederick Road, and 99 Frederick Road, and to change tbe zoning from C-2 Commercial, to PF Public Facilities, on said property on The vote was as follows: AYE: Musselman, Dooley, Pearson, Jones, and Segner. NAY: None. Motion carried. ORDINANCE NO AN ORDINANCE ADOPTING A CHANGE IN THE COMPREHENSIVE PLAN OF THE CITY OF FREDERICKSBURG; SPECIFICALLY IN THE LAND USE MAP AND COMPREHENSIVE PLAN AS TO APPROXIMATELY 2.87 ACRES OF LAND BEING ALL OF LOT NUMBER 3B-R AND LOT NUMBER 3C-R OF CARRIAGE HILLS, UNIT NUMBER 7, SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS, PROVIDING THAT THE CHANGE TO PUBLIC/SEMI-PUBLIC BECOME A PART OF THE COMPREHENSIVE PLAN AND PROVIDING FOR AN EFFECTIVE DATE. (Recorded in Ordinance Book)

13 ORDINANCE NO AN ORDINANCE AMENDING THE ZONING ORDINll.NCE OF THE CITY OF FREDERICKSBURG AND CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2.87 ACRES OF LAND BEING ALL OF LOT NUMBER 3B-R AND LOT NUMBER 3C-R OF CARRIAGE HILLS, UNIT NUMBER 7, SITUATED IN THE CITY OF FREDERICKSBURG, TE..'CAS FROM C-2 COMMERCIAL TO PF PUBLIC FACILITIES. (Recorded in Ordinance Book) REPORT ON SCHEDULE FOR PROPOSED SIDEWALK ORDINANCE AMENDMENTS- Brian Jordan, Director of Development Services, reported on procedure requirements for amending the Subdivision and Zoning Ordinance pertaining to sidewalks. No action taken. RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES FOR TEXPOOL It was moved by Council Member Dooley, and seconded by Council Member Pearson, to approve a Resolution presented by Director of Finance Brad Kott, to amend authorized representatives for TexPool. The vote was as follows: AYE: Musselman, Dooley, Pearson, Jones, and Segner. NAY: None. Motion carried. RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, the city of Fredericksburg ("Participant" is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, The Texas Local Government Investment Pool ("TexPooI/TexPool Prime"), a public funds investment pool, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool/TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letter of instruction, and to take all other actions deemed necessary or appropriate for the investment oflocal funds.

14 B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TexPool/TexPool Prime account or (2) is no longer employed by the Participant; and C. Tbat the Participant may be Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; List the Authorized Representatives of the Participant. Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. 1. Brad Kott, Director of Finance 2. Laura Hollenbeak, City Accountant 3. Shelley Britton, City Secretary Lst the name of the Authorized Representative listed about that will have primary responsibility for performing transactions and receiving confirmations and monthy statements under the Participation Agreement: Brad Kott D. That this Resolution and it's authorization shall continue in full force and effect until amended or revoked by Participant, and until TexPool Participant Services received a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at it's regular meeting held the 19,h day of March lsi Tom Musselman. Mayor ATTEST: lsi Shelley Britton, Cit;y Secret:u;y WELL LEVELS. WATER USAGE. RAINFALL DATE. AND CURRENT WATER RESTRICTIONS - Craig Wallendorf, D.P.W.U. presented in depth information concerning well levels, water usage, rainfall data, and current water restrictions. No action taken. BOOT RANCH WATER-SEWER PROVISION AGREEMENT AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT - Council met with Boot Ranch representative Gordon Sauer regarding proposed changes to the Boot Ranch Water-Sewer Provision Agreement. No action taken. FREDERICKSBURG MORNING ROTARY CLUB PRESENTATION FOR COMMUNITY SKATE PARK - Council received presentation by Susan Kimbrell from Rotary Club on their concept of building a community skate park. The council asked her to come back May to take action on the request. No action taken. FUTURE AGENDA ITEMS - Council Member Jones wants Council to discuss addresses on houses or

15 PUBLIC COMMENT - No comments. COUNCIL COMMENT - Council Member Pearson commented on City Manager replacement process; Council Member Jones commented on stage 4 water restrictions. EXECUTIVE SESSION- At 8:50 PM. Council Member Dooley made a motion to recess the regular session and go into Executive Session. Council Member Jones seconded the motion, and the motion carried. At 9:03 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular session. Council Member Segner seconded; the motion carried. Following Executive Session, the following action was taken: Council Member Jones made a motion to recess regular session and to reconvene at City Hall at 3:00 PM, the following day, March 20. Council Member Segner seconded; motion carried. At 3:00 PM, March 20, Council Member Dooley made a motion to reconvene the regular session. Council Member Segner seconded; motion carried. EXECUTIVE SESSION- At 3:01 PM, Council Member Dooley made a motion to recess Regular Session and go into Executive Session. Council Member Pearson seconded, and the motion carried. At 5:10 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular session. Council Member Segner seconded, the motion carried. (Note: Council Member J ones was absent) Following Executive Session, no action was taken. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 5:12 PM. Council Member Segner seconded. Motion carried. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8:45 PM. Council Member Pearson seconded; motion carried. PASSED AND APPROVED this the 21" day of May, SHELLEY BRITTON, CITY SECRETARY,. * * * STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG,. * JERYL HOOVER, MAYOR * * * * * * SPECIAL CITY COUNCIL MEETING MARCH :00

16 On this the 26,h day of March, 2012, the City Council of the CITY OF FREDERICKSBURG convened in special session at City Hall, with the following members present to constitute a quorum: TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE GARY NEFFENDORF - CITY MANAGER PAT MCGOWAN - CITY ATTORNEY BRAD KOTT - DIR OF FINANCE CRAIG WALLENDORF - D.P.W.U. The meeting was called to order at 6:00 PM. EXECUTIVE SESSION- At 6:01 PM, Council Member Dooley made a motion recess special session and go into Executive Session. Council Member Jones seconded, and the motion carried. At 7:03 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the special session. Council Member Pearson seconded, the motion carried. (Note: Council Member Jones was absent) The following were discussed in Executive Session, no action was taken. 1. Discuss interview questions to be asked of City Manager candidates, and discuss contents of evaluation form and method of scoring. 2. Consult with City Attorney regarding the terms of employment for new City Manager. 3. Electtic Matters - Discuss and consider changes to Elster Agreement. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 7:04 PM. Council Member Pearson seconded; motion carried. PASSED AND APPROVED this the 21" day of May, SHELLEY BRITTON, CITY SECRETARY JERYL HOOVER, MAYOR * * * STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG * * * * * * * * SPECIAL CITY COUNCIL MEETING MARCH :00AM

17 On this the 30'" day of March, 2012, the City Council of the CITY OF FREDERICKSBURG convened in special session at City Hall, with the following members present to constitute a quorum: TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE PAT MCGOWAN -CITY ATTORNEY The meeting was called to order at 8:00 AM. EXECUTIVE SESSION- At 8:01 AM, Council Member Dooley made a motion recess special session and go into Executive Session. Council Member Jones seconded, and the motion carried. At 11 :30 AM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the special session. Council Member Jones seconded, the motion carried. The following were discussed in Executive Session, no action was taken. 1. Interview City Manager candidate(s) and discuss selection offer. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 11 :33 AM. Council Member Jones seconded; motion carried. PASSED AND APPROVED this the 21" day of May, SHELLEY BRITTON, CITY SECRETARY JERYL HOOVER, MAYOR

18 STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG REGULAR CITY COUNCIL MEETING APRIL 2, :00PM On this the 2 nd day of April, 2012, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum: TOM MUSSELMAN - MAYOR TIM DOOLEY - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE GARY NEFFENDORF - CITY J\,fANAGER PAT MCGOWAN - CITY ATTORNEY CRAIG WALLENDORF - D.P.W.U. PAUL OESTREICH - CHIEF OF POLICE The meeting was called to order at 7:00 PM following the Pledge of Allegiance. MINUTES OF JANUARY 2012 MEETINGS - It was moved by Council Member Dooley, seconded by Council Member Pearson, to approve the minutes of the January 2012 meetings as presented. The vote was as follows: AYE: Musselman, Dooler, Jones, Pearson, and Segner; NAY: None. Motion carried. HIRING OF CITY MANAGER AND APPROVING CONTRACT - It was moved by Council Member Jones, seconded by Council Member Segner to hire Kent Myers as City Manager and to approve the proposed contract. The vote was as follows: AYE: Musselman, Dooley, Jones, Pearson, and Segner; NAY: None. Motion carried. DISCUSSION OF FUTURE AGENDA ITEMS - Council discussed the sign ordinance in relation to Bed & Breakfasts in residential areas. No action was taken. PUBLIC COMMENT - Penny Reeh commented on the candidates forum on April 3 at 6:00 pm. Carter Sche/mik commented on Boot Ranch. COUNCIL COMMENT -Council Member Dooley thanked Penny Reeh for hosting the City Manager candidate's wives while the interviews for City Manager were being conducted by the search committee. Council Member Pearson commented on releasing acreage in Boot Ranch. EXECUTIVE SESSION - At 7:14 PM, Council Member Dooler made a motion to recess the regular session and go into Executive Session. Council Member Segner seconded the motion, and the motion carried. At 8:16 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular session. Council Member Jones seconded, the motion carried.

19 The following were discussed in Executive Session: 1. Council discussed hiring City Manager and approving contract. 2. Council had consultation with Attorney regarding counter offer from Boot Ranch on water agreement. Following Executive Session, no action was taken. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8:17 PM. Council Member Segner seconded the motion. Motion carried. PASSED AND APPROVED this the 21" day of May, SHELLEY BRITTON, CITY SECRETARY JERYLHOOVER, MAYOR * * * * * * * * * * * * STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG REGULAR CITY COUNCIL MEETING APRIL 16, :00PM On this the 16,h day of April, 2012, the City Council of the CITY OF FREDERICKSBURG convened in regular session at the Law Enforcement Center, with the following members present to constitute a quorum: TOM MUSSELMAN - MAYOR TIM DOOLEY- COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER TOMMY SEGNER - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE BRIAN JORDAN - DIR. DEVELOPMENT SERVICES CRAIG WALLENDORF - D.P.W.U. PAT MCGOWAN - CITY ATTORNEY PAUL OESTREICH - CHIEF OF POLICE ANNETTE LOTH - CODE/COMPLIANCE OFFICER The meeting was called to order at 7 :00 PM following the Pledge of Allegiance. MINUTES OF FEBRUARY 2012 MEETINGS - It was moved by Council Member Jones, seconded by Council Member Dooley, to approve the minutes of the February 2012 meetings as presented. The vote was as follows: AYE: Musselman, Dooley, Pearson, Segner and Jones; NAY: N one. Motion carried.

20 SIGN ORDINANCE AMENDMENT TO REOUIRE PROPERTY ADDRESSES ON BUILDINGS - It was moved by Council Member Jones, seconded by Council Member Segner, to amend the sign ordinance to require address numbers be affixed to a permanent structure. The vote was as follows: AYE: Musselman, Dooley, Pearson, Segner and Jones; NAY: None. Motion carried. ORDINANCE NO AN ORDINANCE AMENDING THE SIGN ORDINANCE OF THE CITY OF FREDERICKSBURG TO REQUIRE THE PLACEMENT OF PROPERTY ADDRESS SIGNS, TO REPEAL INCONSISTENT PROVISIONS OF THE CITY'S SIGN ORDINANCE, TO PROVIDE FOR PARTIAL INVALIDITY AND TO ESTABLISH AN EFFECTIVE DATE. (Recorded in Ordinance Book) DISCUSS SIGN ORDINANCE AMENDMENT ALLOWING SIGNS FOR B&B'S IN RESIDENTIAL ZONING DISTRICTS - Council discussed the sign ordinance to allow signs for B&B's in residential zoning districts. No action was taken. RECEIVE INFORMATION REGARDING OPEN RECORDS REOUEST ON EMERGENCY SERVICES PERSONNEL HIRING - City Attorney Pat McGowan briefed Council regarding an open records request on emergency services personnel hiring. No action was taken. UPDATE ON PROPOSED SIDEWALK ORDINANCE AMENDMENTS - Council received an update on the proposed sidewalk ordinance amendments from Brian Jordan, Dir of Development Services. PUBLIC COMMENT - Russ Rose commented on B&B signage. COUNCIL COMMENT - Segner & Pearson commented on pavers for Market Square. Pearson also commented on the upcoming Volunteer fire department fish fry fwld raiser. With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8: 15 PM. Council Member J ones seconded the motion. Motion carried. PASSED AND APPROVED this the 21 " day of May, 2012 SHELLEY BRITTON, CITY SECRETARY JERYL HOOVER, MAYOR

21 ZONING CHANGE BRIEF Rezoning Request # Z-1205 OWNER/APPLICANT: SIZE: LOCATION: EXISTING ZONING: PROPOSED CHANGE: Michael G. Painter Approximately acres (16,388 Square feet) 100 Block of Kay Street, west side of Kay Street between Main Street and Austin Street (See attached map). RI - Single Family Residential Change in Zoning from RI, Single Family Residential District to C-2, Commercial District. FINDINGS: The property is part of Lot A4, Block 2 and Lot 15, Block 2 of the Louis Preiss Addition to the City of Fredericksburg. There is presently a home located on the northern portion of the property. The applicant intends to resubdivide the property into 3 lots, with 2 lots fronting on Austin Street and I lot fronting on Kay Street. As proposed, the lots fronting on Austin Street would remain RI and the lot fronting on Kay Street would become C-2. The property is bordered by the Post Office on the west, single family homes to the north, and commercial businesses to the east and south. Water and Sanitary sewer are available to serve this property. Adjacent zoning is PF, Public Facilities to the west, RI, Single Family Residential to the north and east, and C-2, Commercial to the south (see attached zoning map). The Land Use Plan identifies properties surrounding the intersection of U.S. Highway 290 and U.S. Highway 87 as a Commercial Center. Beyond this area, the Land Use Plan identifies the area to the north as Low Density Residential, to the east and south as Uptown CBD, and to the west as Mixed Use Corridor (see attached Land Use Map). LAND USE PLAN: As mentioned above, the subject property is within the Commercial Center land use designation. As defined in the Comprehensive Plan, such centers are located at the intersection of two existing or planned major arterials. They are intended to include community- and regional-serving shopping centers and malls. Some office or service uses may also locate here. Residential or hospitality uses may also be considered

22 if they can be included in a compatible way. For new centers, the design should reduce the need for multiple automobile trips between stores. The subject property by itself, would not be large enough to accommodate the type of development anticipated by the Commercial Center designation. However, this is intended to be a very broad designation and a tract like the subject property would likely be considered supportive to any major development. ZONING: As proposed, the applicant intends to maintain the RI Single family Residential Zoning on the north end of the property, adjacent to the existing Rl across Austin Street and Kay Street, and is proposing to change the southern portion of the property to C-2 to be an extension of the zoning to the south. Given the surrounding land uses and zoning to the south and west, coupled with maintaining the residential zoning to the north, the proposed change to commercial would seem reasonable. To avoid the issue of spot zoning, this would need to be considered an extension of the existing zoning rather than a separate district altogether. OPPOSITION/SUPPORT OF REODEST: To date, we have received no letters for or against this request. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Commission voted unanimously to recommend approval of this zoning change. STAFF RECOMMENDATION: While the commercial center designation in the Comprehensive Plan certainly includes this tract, it would not be large enough on its own to accommodate the types of uses anticipated. However, given the circumstances within this block and the vicinity, an extension of the commercial zone could be considered a reasonable request. Approval is recommended.

23 LAND USE - ZONING o APPLICATION FOR RE-ZONING- $ APPLICATION IS HEREBY MADE TO THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION TO A,MENS itre ZO ~I Nro ~ 2 ORDINANCE AND THE ZONING DISTRICT MAP OF THE CITY OF FREDERICKSBURG AS HEREINAFTER S.ET FORTH :.-.~._-.. ~~.._ i ~/ 1. APPLICANT: = 1-1 ads! 2. FAXNUMBER~: 3. OWNER (IF DIFFERENT FROM APPLICANT), 4. ADDRESS: 5. PHONE NUMBER: FAXNUMBER: 6. DESCRIPTION OF PROPERTY INVOLVED IN THIS REQUEST: ADDRESS: I.(L.J/...,.,~"---.lLtJ=-..".... _K!.JL!&y'JL.f- _---"r- '-..L.i: LEGAL DESCRIPTION: *.,..,...-r'"'c, &>. / F LOT SIZE: cj.~s Y.:J-~S I tofltlee{a ~ ZONING CHANGE REQUESTED FROM _...:Z-=:...:C' DISTRICT '''-.-!... r _..,e.-i Z ''--_ZONING DISTRICT TO t..ti1r X 123, 21 C,-.;l. ZONING JUSTIFICATION FOR REQUEST :_--'C=$o."jV :.::...!r:... "'.:: t!9...:~==' ~Tc...::~== ",t!?"-";t... ~"".r"",7)c!:...-=""'y::;-.--'~.:=il.=- ~1 <?~blry ARE THERE ANY DEED RESTRICTIONS WHICH WOULD PREVENT THIS PROPERTY FROM BEING USED IN THE MANNER HEREIN PROPOS EO? A/ t? EXISTING IMPROVEMENTS ON PROPERTY: If there are any slruetures on Ihe property, attaeh a plot plan, drawn to scale (to fit on an 11 x 17" paper, if possible) showing the location and size of all existing structures and their distance from the lot lines, plus proposed development plans if any. 11. o CONFORMANCE WITH LAND USE PLAN: ~ ES 0 NO An application for re~zoning will not be accepted unless the requested zoning classification conforms to the Comprehensive Land Use Plan. An applicant may apply for a change in the Comprehensive Land Use Plan. An applicant may apply for a change in the Comprehensive Land Use Plan concurrently with a re-zoning application. However, the Planning & Zoning Commission and the City Council shall consider and make its recommendation or decision on the Comprehensive Land Use Plan change prior to the re-zoning. APPLICATION FOR LAND USE PLAN CHANGE-$ APPLICATION IS HEREBY MADE TO THE CITY COUNCIL AND THE PLANNING & ZONING COMMISSION TO AMEND THE LAND USE PLAN MAP OF THE CITY OF FREDERICKSBURG AS HEREIN SET FORTH: 12. CHANGE REQUESTED FROM: {._(YT _-"'1=-~~---:-/ ,LAND USE TO CUili:;PCt~ C~ LAND USE. 13. SIGNATURE OF APPLICANT: ~ /';? ;;g;;z Note: If the applicant is not the legal owner of the property, A signed statement by the owner that the applicant is the authorized agent of the owner of the property. or the signature of th=eq~ SIGNATURE OF OWNER:... DATE: i-,/kl ~:::...,"-..:.~-"':...<~:..o =='-- FEE PAID :. ~e-zoning [!f('and Use Plan Change TITLE SEARCH: ~ ~ T~ CP. Note: A current title search must be submitted with the application

24 r-i"";uivj 14, CONS~N l' <)" LIEN HOLo R: Nole: fin;. propfrr~ cumb:_b_y_u_'.;.er.,;.;!!- i co _n'_$_n_i_o,;.ftli_._u.~... n holder is fbq :Ji f 9d. srgnatu '~ E' OF LlEN'fiOLDE.R: -":~:;""-''--=---It'----+' , ' " Mo.: He E, Raab, Trustee ~f 15. LIST OF: F I~( PE.RTY OWNF.:~S Wll lin 200 Fl. (Provided by City) :. ~ The Mollie E, Raab Tmit,. i.l j : (", ;.;. : j." :

25

26

27

28 ,., / '. ).'.,,, <, / '" " '''''. z~ " 'y' / / / / /, / / I I / / " '. / / / " / / /.., i I / /

29 Letter Owner A United States Postal Service B Gary M. Green Grantor's Trust C Marvin E. Jander 0 Rolf O. Vanhasz E James A. & Judy N. Ryan F William D. Burns G Shelly Jo Mazurek H Agnes Blanchard I Ward & Jolynn Johnson J MJT J Investments, LP K Bill Ham L Ward & Jolynn Johnson M Michael Painter Z-1205

30 1Cfty of tfredericksburg 126 West Main Street Fredericksburg, TX NOTICE OF PUBLIC HEARING FOR A CHANGE IN ZONING HEARING DATE: MAY9,2012 TIME: 5:30 PM REQUEST NUMBER: Z-1205 The PLANNING & ZONING COMMISSION of the City of Fredericksburg will hold a public hearing at the above stated time and date in the conference room of the Law Enforcement Center, 1601 E. Main St., to consider a request for a Conditional Use Permit. According to City Tax Records, you are the owner of real property within 200' of the proposed change. You are not required to attend the meeting, but if you care to attend, you will be given full opportunity to be heard. If you cannot attend the hearing, but wish to comment on the request, please detach the response form below and return it to the City of Fredericksburg, 126 W. Main St., Fredericksburg, TX All protests must be submitted in writing. The decision of the PLANNING & ZONING COMMISSION is a recommendation only. Final approval must be by action of the CITY COUNCIL. The public hearing by the CITY COUNCIL is scheduled as follows: HEARING DATE: MAY 21, 2012 TIME: 7:00 PM REQUEST NUMBER: Z-1205 For additional information, contact Director of Development Services, Brian Jordan at APPLICANT: Michael G. Painter LOCATION: Generally located at the southwest corner of Kay Street and Austin Street, described as a acre tract of land, being a portion of Lot A4, Block 2 and Lot 15, Block 2 of the Louis Preiss Addition (complete legal description available at City Hall) (see accompanying map) REQUEST: Change in Zoning from R-1, Single Family Residential, to C-2, Commercial (DETACH BELOW) REQUEST NO. Z-1205 As an interested property owner, I (Protest)(Approve) the requested zoning amendment represented by the above file number because: Signed Date Printed Name Address

31 ORDINANCE NO., AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FREDERICKSBURG AND CHANGING THE ZONING CLASSIFICATION ACRE TRACT OF LAND MORE OR LESS BEING A PORTION OF LOT A4, BLOCK 2 OF LOUIS PREISS ADDITION, SITUATED IN THE CITY OF FREDERICKSBURG, TEXAS, FROM R-1- SINGLE FAMILY RESIDENTIAL TO C-2 COMMERCIAL DISTRICT. WHEREAS, an Application for Rezoning has been submitted by the owner of the property described as Being acre of tract land, more or less, being a portion of Lot A4, Block 2 and Lot 158, Block 2 of the Louis Preiss Addition to the Town of Fredericksburg, a subdivision of record shown by plat recorded in Volume 4, Page 8 of the Deed Records of Gillespie County, Texas and being a portion ofthattract ofland conveyed to Michael Painter in Clerks Document No of the Official Public Records of said County, being more particularly described by metes and bounds on Exhibit "A", attached hereto and made a part hereof to change the present zoning classification of R-1 Single Family to C-2 Commercial District; and WHEREAS, the public hearings, before the Planning and Zoning Commission and the City Council of the City of Fredericksburg as required by the City of Fredericksburg Zoning Ordinance have been duly noticed and held regarding such application, and WHEREAS, the Planning and Zoning Commission has determined that such zoning change is in conformity with the uses established by the Comprehensive Land Use Plan of the City of Fredericksburg and is consistent with the objectives of the City of Fredericksburg Zoning Ordinance, and has recommended to the City Council of the City of Fredericksburg, based upon positive findings under the review and evaluation criteria established by such ordinance, that the rezoning be enacted, and WHEREAS, the City Council has specifically found, following public hearing, that such changes are consistent with the objectives of the City of Fredericksburg Zoning Ordinance and Comprehensive Land Use Plan of the City of Fredericksburg, and WHEREAS, there has not been a protest against rezoning signed by owners of twenty per cent (20%) or more either of the area of the property included in the zoning request, or of the area of the property immediately adjoining the same and extending two hundred feet (200') therefrom. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: Section 1. The zoning ordinance ofthe City of Fredericksburg is hereby partially amended. Section 2. That the zoning classification of approximately acre of tract land,