CITY OF FREDERICKSBURG CITY COUNCIL AGENDA

Transcription

1 CITY OF FREDERICKSBURG CITY COUNCIL AGENDA MONDAY, TANUARY :00 p.m. Law Enforcement Center East Main Street 1. Call to Order. Page Ref Approve minutes of October 2011 meetings. PUBLIC HEARING PUBLIC HEARING (Z-1109) by Joseph R. McSparin for a Conditional Use Permit to allow Consumer Repair Services in a C-1 Neighborhood Commercial Zoning District located at 904 N. Milam. Pp 1-3 Pp Receive recommendation and consider Z UNFINISHED BUSINESS 5. Receive report from Pool Committee. 6. Consider awarding bid for pool resurfacing. (Alexander) 7. Consider adopting ordinance(s) implementing rate increases. Pg 19 Pp NEW BUSINESS 8. Receive and consider requests for 2012 Hotel Occupancy Tax Funds from: 1. Fredericksbllrg Mllsic Clllb 2. Optimists Club - Hill collntry Run 3. Joycees/ Crawfisb Festival 4. Fbg Farmers Market 5. Hill Country Tractor & Engine Club 6. Hill Country Film Festival 7. Vereins Qllzlt Guild of Fbg 8. Die Kunstler von Fredericksburg 9. Fbg. Rotary/Friends offbg Nature Center - Wings Over tbe Hills 10. Brys & Girls Club - 5 hopping Tournament 11. Brys & Girls Club - GolfTollrnament 12. Fbg Theater Company 13. Admiral Nimitz Foundation 14. Gillespie County Fair & FestivalAsso. 15. Gillespie County Historical 5ociety/ Pioneer Museum 16. Friends of Gillespie County 5 cbools 17. Fbg Art Guild 18. Arion Me11S Choir 19. Montaubaur 5ister City Verein 20. Ft. Martin 5 cott 21. Hill COllntry Wine & Music Festival 22. Chamber/NIOF 23. Cbamber/5t. Nikolausmarkt 24. 4th of July Commzrtee

2 Page 2, 1/ 16/12 Council Agenda 9. Consider approving CVE request for additional funding for operating reserves. Pp Consider approving City/County Contracts. 11. Consider approving salary increase for Municipal Court Judge and City Attorney. 12. Discussion of future agenda items. COMMENTS 13. Public Comment. 14. 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). 15. Personnel - Consider approving salary increase for Municipal Court Judge and City Attorney. ADJOURNMENT

3 STATE OF TEXAS COUNTY OF GILLESPIE CITY O F FREDERICKSBURG REGULAR CITY COUNCIL MEETING OCTOBER 3, :00PM On this the 3,d day of October, 2011, 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 TOMMY SEGNER - COUNCIL MEMBER TIM DOOLEY - COUNCIL MEMBER GRAHAM PEARSON - COUNCIL MEMBER SCOTT JONES - COUNCIL MEMBER ABSENT: ALSO PRESENT: NONE GARY NEFFENDORF - CITY MANAGER PAT MCGOWAN - CITY ATTORNEY CRAIG WALLENDORF - D.P.W.U. BRIAN JORDAN - DIR. DEVELOPMENT SERVICES JIMMY ALEXANDER - DIR. PARKS & RECREATION BRAD KOTT - DIRECTOR OF FINANCE PAUL OESTREICH - CHIEF OF POLICE LEA FEUGE - ENGINEERING ASSISTANT The meeting was called to order at 7:00 PM following the Pledge of Allegiance. REOUEST FROM FREDERICKSBURG ELEMENTARY /PRIMARY SCHOOL PTO FOR "TURKEY TROT" FUND-RAISER WALK/RUN NOVEMBER 26, It was moved by Council Member Pearson, seconded by Council Member Jones, to approve the request from Fredericksburg Elementary/ Primary School PTO for a "Turkey Trot" fund-raiser walk/ run on November 26, The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried. TAXI PERMIT FORA BICYCLE TAXl(PEDICAB)-It was moved by Council Member Dooley, seconded by Council Member Segner, to deny the request for a taxi permit for a bicycle taxi (pedicab) by Bruce Ivers. The vote was as follows: AYE: Musselman, Segner, Dooley, and Pearson; ABSTAIN: J ones. Motion carried. TAXI PERMIT FOR ZULU HELICOPTERS- It was moved by Council Member Pearson, seconded by Council Member Jones, to approve the request by Zulu Helicopters (Trent Armstrong) for a taxi permit for limousine service. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; N_\Y: None. Motion carried. GILLESPIE CENTRAL APPRAISAL DISTRICT BOARD MEMBERS- It was moved by Council Member Pearson, seconded by Council Member Dooley, to nominate James McAfee to the Gillespie Central Appraisal District Board of Directors. The vote was as follows: AYE: Musselman, Segner, Dooley, Pearson and Jones; NAY: None. Motion carried.

4 2012 BUDGET OF THE GILLESPIE CENTRAL APPRAISAL DISTRICT- It was moved by Council Member Pearson, seconded by Council Member Dooley, to approve tbe 2012 Budget of the G illespie Central Appraisal District as presented by David Oehler. The vote was as follows: AYE: Musselman, Dooley and Pearson. NAY: Segner and Jones. Motion carried. 5-YEAR CAPITAL IMPROVEMENT PLAN AND CAPITAL EOUIPMENT PLAN - Council discussed the 5-Year Capital Improvement Plan and Capital Equipment Plan. No action was taken. PUBLIC COMMENT - Amy Slaughter and John Watson commented. COUNCIL COMMENT - No comments. EXECUTIVE SESSION -At 9:01 PM, Council Member Dooley made a motion to recess tbe regular session and go into Executive Session. Council Member Segner seconded tbe motion, and tbe motion carried. At 9:15 PM, Council Member Jones made a motion to adjourn the Executive Session and reconvene tbe regular session. Council Member Dooley seconded, tbe motion carried. EXECUTIVE SESSION - Consider sale of land; no action taken. With no furtber discussion, Council Member Dooley made a motion to adjourn tbe meeting at 9: 16 PM. Council Member Jones seconded tbe motion. Motion carried. PASSED AND APPROVED this tbe 16 th day of January, SHELLEY BRITTON, CITY SECRETARY TOM MUSSELMAN, MAYOR * * * * * * * * * * * * STATE OF TEXAS COUNTY OF GILLESPIE CITY OF FREDERICKSBURG REGULAR CITY COUNCIL MEETING OCTOBER 17, :00 PM On tbis the 17'h day of October, 2011, tbe City Council of tbe CITY OF FREDERICKSBURG convened in regular session at tbe Law Enforcement Center, with tbe 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 CRAIG WALLENDORF - D.P.W.U. JIMMY ALEXANDER - DIR. PARKS & RECREATION

5 PAUL OESTREICH - CHIEF OF POLICE The meeting was called to order at 7:00 PM following the Pledge of Allegiance PROPERTY TAX ROLE - It was moved by Council Member Dooley, seconded by Council Member J ones, to approve the 2011 property tax role as presented by the County Tax I\ssessor Collector. The vote was as follows: AYE: Musselman, Dooley, Segner, Pearson and J ones; NAY: None. Motion carried. 5-YEAR CAPITAL IMPROVEMENT PLAN - It was moved by Council Member Pearson, seconded by Council Member Dooley, to approve the 5-Year Capital Improvement Plan as presented. The vote was as follows: AYE: Musselman, Dooley, Pearson and J ones; NAY: Segner. Motion carried. ELECTRIC RATE CHANGES - Following a lengthy discussion, the City Attorney was directed to draft proposed changes. PUBLIC COMMENT - Tonya Benson and Larry Werts commented on electric rate changes. COUNCIL COMMENT - Council Member Segner commented on future agenda items, the sidewalk ordinance, and Washington St. protected turns. EXECUTIVE SESSION - At 9:27 PM, Council Member Dooley made a motion to recess the regular session and go into Executive Session. Council Member Segner seconded the motion, and the motion carried. At 9:26 PM, Council Member J ones made a motion to adjourn Executive Session and reconvene the regular session. Council Member Dooley seconded, the motion carried. Following Executive Session, no action was taken. With no further discussion, Council Member Segner made a motion to adjourn the meeting at 9:27 PM. Council Member Jones seconded the motion. Motion carried. PASSED AND APPROVED this the 16 th day of January, SHELLEY BRITTON, CITY SECRETARY TOM MUSSELMAN, MA YOR * * * * * * * * * * * *

6 CONDITIONAL USE PERMIT BRIEF Request # Z 1109 OWNER: APPLICANT: LOCATION: DATE: REQUEST: Stephen Feller Fredericksburg Computer Services, Joseph & Jennifer Mcsparin 904 N. Milam January, 2012 Conditional Use Permit to allow Consumer Repair Services in a C-l Neighborhood Commercial District. Site Plan Overview: The property is located basically at the northwest comer of N. Milam and Hackberry Street, consistiog of a residential structure and 2 commercial type buildiogs. The applicant iotends to occupy the southern portion (approximately 700 square feet) of the center buildiog. The applicant iotends to lease the space for a Computer Repair Services busioess (see attached business description). The property has approximately 160' of frontage along N. Milam Street, with the portion of the building in question having approximately 43' of frontage. Water and sanitary sewer are available to serve this tract. Surroundiog zoning is C-l, Neighborhood Commercial to the west, north and south, and R-l Siogle Family Residential to the east across N. Milam St. (see attached zoning map). Adjacent land uses ioclude a salon and an office use to the north (Gillespie County Board of Realtors), light commercial uses to the south across Hackberry St., a vacant tract and residential homes to the west and residential uses to the east across N. Milam St. Over the years, this property has been used for a variety of light commercial activities. Most recently, the space in question was the location of Fly Boyz Tattoos. The portion of the property in question has 4 parkiog spaces io front of the buildiog. The site has one existiog driveway on N. Milam Street which will remaio. Review and Evaluation Criteria: A. CONFORMANCE WITH APPLICABLE REGULATIONS: A detailed survey of the site conditions was not provided. There are no exterior changes proposed to the

7 B. COMPATffiILITY WITH EXISTING OR PERMITTED USES IN ABUTTING SITES: Surrounding uses are a mix of residential and light commercial. We would expect the proposed use to be compatible with surrounding uses. C. POTENTIALLY UNFAVORABLE EFFECTS OR IMPACTS ON OTHER EXISTING OR PERMITTED USES ON ABUTTING PROPERTY: Based on the information provided on the proposed use, we do not expect unfavorable effects on nearby properties. D. MODIF1CATIONS TO THE SITE PLAN WHICH WOULD RESULT IN INCREASED COMPATffiILITY AND WOULD MITIGATE POTENTIALLY UNFAVORABLE IMPACTS: None recommended. E. SAFETY AND CONVENIENCE OF VEHICULAR AND PEDESTRIAN CmCULATION IN THE VICINITY: Parking for the existing site is "head-in" off of Milam Street. Since we do not anticipate significant traffic from the proposed use, we would not anticipate circulation issues. F. PROTECTION OF PERSONS AND PROPERTY FROM EROSION, FLOOD OR WATER DAMAGE, FIRE, NOISE, GLARE: NA. G. LOCATION OF LIGHTING AND TYPE OF SIGNS; THE RELATION OF SIGNS TO TRAFFIC CONTROL AND ADVERSE EFFECTS OF SIGNS ON ADJACENT PROPERTIES: No detailed information has been provided on signage or lighting. No problems are anticipated. H. ADEQUACY AND CONVENIENCE OF OFF STREET PARKING AND LOADING FACILITIES: Parking (4 spaces) is limited but is adequate for the limited amount of space (700 SF) being occupied.

8 I. DETERMINATION THAT THE PROPOSED USE IS IN ACCORDANCE WITH THE OBJECTIVES OF THESE ZONING REGULATIONS AND PURPOSES OF THE WNE IN WHICH THE SITE IS LOCATED: Consumer Repair Services are defined as establishments primarily engaged in the provisions of repair services to individuals and households rather than firms, but excluding Automotive and Equipment Service use types. Typical uses include appliance repair shops, watch or jewelry repair shops or musical instrument repair shops. While not mentioned, we would include computer repair services within this category. J. DETERMINATION THAT THE PROPOSED USE WILL COMPLY WITH EACH OF THE APPLICABLE PROVISIONS OF THE WNING ORDINANCE: Affirmative. K. DETERMINATION THAT THE PROPOSED USE AND SITE DEVELOPMENT, TOGETHER WITH ANY MODIFICATIONS APPLICABLE, THERETO, WILL BE COMPATffiLE WITH EXISTING OR PERMITTED USES IN THE VICINITY: Affirmative. L. DETERMINATION THAT ANY CONDITIONS APPLICABLE TO APPROVAL ARE THE MINIMUM NECESSARY TO MINIMIZE POTENTIALLY UNFAVORABLE IMPACTS ON NEARBY USES AND TO ENSURE COMPATffiILITY OF THE PROPOSED USE WITH EXISTING OR PERMITTED USES IN THE SAME DISTRICT AND THE SURROUNDING AREA: Affirmative M. DETERMINATION THAT THE PROPOSED USE TOGETHER WITH THE CONDITIONS APPLICABLE THERETO, WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, OR WELFARE OR MATERALLY INJURIOUS TO PROPERTIES OR IMPROVEMENTS IN THE VICINITY: Affinnati ve. OPPOSITION/SUPPORT OF REOUEST: One letter in support, none in opposition. PLANNING AND WNING COMMISSION RECOMMENDATION: voted unanimously to recommend approval of this request. The Commission STAFF RECOMMENDATION: Approval.

9 CASE NUMBER DATE. APPLICA TION FOR CONDITIONAL USE PERMIT APPLICATION IS HEREBY MADE TO THE PLANNING & ZONING COMMISSION AND THE CITY COUNCIL TO GRANT A CONDITIONAL USE PERMIT IN THE ZONING DISTRICT OF THE CITY OF FREDERICKSBURG AS HEREIN SET FORTH: ~ CONDITIONAL USE PERMIT -$ APPLICANT: J:R~dee ICJ~=CnTP(dd SeFV1 res 2. ADDRESS /21) fast trlmil16jie-e:4,.stiff It 3. PHONE NUMBER: Z~ qq2- lilt- --. FAXNUMBER: 4. OWNER (if different from applicant):-,-."",,-, ~=::>q:,-h'-l--,-f(j,..o.:.r'-'.j.yjc~6"i j!:lf'~ej..l..ro-,- Y\-,-- 5. ADDRESS: ~~-~ PHONE NUMBER: --'3~::v"""'--C;.L'q!.L1" -L/7' 17...J.7 FAX NUMBER: _ 7. DESCRIPTION OF PROPERTY INVOLVED IN TfllS REQUEST: ADDRESS: 10f n. milam & C.30Ll-i11 tl1d of- 01d9 l()i1ml +ajaj P Ifflj LEGAL DESCRIPTION: Si~LJef V/'iW@", 1 at X'+j-[ 6USi~l:!J.JM LOT SIZE: I Cl (\.\t LOT AREA: if').d~ ft r4-aj. 8. EXISTING ZONING: DISTRICT 9. CONDITIONAL USE PERMIT:. USE CLASSIFICATION IN THE ZONING DISTRICT. 10. INFORMATION TO BE PROVIDED BY THE APPLICANT: A. A statement describing the nature and operating charac1eristics of the proposed use, incjudlng any data pertinent 10 the findings required for approval of the application. For uses involving public assembly or industrial proc6ssing. or llses potentially generating high volumes of vehicular traffic. the Director of Development Services may require specific infont'latlon relative to the anticipated peak loads and peak use periods, relalive to industrial standards, or substantiating the adequacy of proposed parking, loading, and ~~;f:~~s ' ~fo-ir,shdp- rn# OLt5btief!:J nfedo!ly/e 3 1 )!rjef, hi)}-' {)NiJ21 fiylal11f ftzp!j rho(! ott -ihr/a /aplfp vr pc" (attach additional sheet if necessary).!j.)) aj1a.t1lr!f.i B. Seven (7} copies of a Site plan (24 x 36 inches) and 3 copies of a reduced site plan (11 x 17 inches) showing preliminary building elevations, preliminary improvement plans. and such additional maps and drawings all sufficientfy dimensioned as required to illustrate the foljolning: 1. The date, scale. north point. title. name of owner, and the name of the person preparing the site plan. 2. The location and dimensions of boundary lines. 'With distances and bearings, easements, and required yards and setbacks, water courses, drainage features and location and size of existing and proposed streets and alleys, and Ihe 100 year flood plain. 3. The location, height, bulk, general appearance,and jntended use of wosting and proposed buildings on the site, and the approximate location of existing buildings 011 abutting siles within 50 feel. 4. The location of existing and proposed site improvements Including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening. signs and lighting.

10 5. The location af water courses a.nd drainage fearures. 6, TIle number of existing and proposed off-slieet parl<ing and loading spaces, and a calculation of applicable minimum requirements. 7. For sites with an average stope greater than ten (10%) percent, a pfan showing existing and proposed topography and g rading and proposed erosion conllol measures 8. The relationship of the site and the proposed use 10 surrounding uses, indueling pedestrian and vehicular circulation, current use of nearby parcels. and any proposed otf-site Improvements to be made. 11, SIGNATURE OF APPLICANT ;=~~~l,ll2:t;,~===.,-,--,,---,---,----,=.,,-_o-~~ NOTE: If the applicafll :s not lhe/egal r 0 tt"le pl"operty. sign statement by the owner thai the applicant is!he authorized agent of the owner of the property. Of e owner below. is required. SIGNATURE OF OWNER: t OATE ~; FEE PAID,; TITLE SEARCH ',, ~~~ (Dale) 12, CONSENT OF LlENHOLOER, -==== (SIGNA TUR f ) NOTE: If this property is encumbered by lien, consent of the lienholder is requited., 3. Ust of property owners Within 200 feet. (provided by City)

11 Fredericksburg Computer Services is an office/computer repair shop, and we desire to relocate to 904 N. Milam St. due to a very small office area that we currently have 120 E. Main St., Suite A. We currently have 2 desk spaces and no break room or bathroom that is convenient to use. Relocating to 904 N. Milam would give us a break room, a bathroom, a storage room & a private office for repair work, as well as a large area to do bookkeeping & do web design. At 810 N. Milam, MSW Computer Svc is located, which is also a computer repair shop. They have settled into the area with no negative impact or high traffic levels that we are aware of. The owners of FBG Computer Services' private residence backs up to MSW Computer Repair & have never noticed it to be a negative impact on the residential neighborhood. We expect that our traffic levels would be much less than a personal service, since our work is done out of the office 95% of the time. We have 2 employees, one office manager & one technician. The location at 904 N. Milam, previously Fly Boyz Tattoos, would be used for a home base of our repair shop, and a place for administrative duties such as bookkeeping and client consultation. The parking at 904 N. Milam is plentiful for our use, since we will have 3 to 4 spots for our use & require only I spot for employee parking. Our hours of operation are Monday through Friday, 9 AM - 5 PM. We troubleshoot & repair or replace personal computers & laptops. Our day to day traffic consists of our technician coming in & out of the office between service calls. The office manager is there doing bookkeeping & answering calls part time. We service both residences and business, and the majority of our work is done at client site. Periodically, maybe once or twice a week, we may have a customer drop off their pc or laptop, or come in for a design consultation regarding website. Most of our customers prefer on-site service, or we pick up & drop off their equipment for them. The majority of our repair work is software related, but occasionally we replace a fan or a power supply on customer machines, but this consists of tiny parts, and does not result in any obnoxious waste or trash disposal. We currently reside at 120 East Main Street, Suite A in the Kowert Real Estate Bldg, and are a tenant of Kowert Rental Management. Please contact Romney Kowert at as a reference regarding our traffic, noise & customer levels. We are very excited about this new location, and hope that the City of Fredericksburg can allow a change of use for 904 N. Milam Street. We are devoted to providing excellent service to Fredericksburg and value our reputation for honest, affordable computer help. We also feel that we would be an asset & pleasant neighbor to the community, regardless of our location. Thank you for considering our application. Fredericksburg Computer Services Joseph & Jennifer Mcsparin For some Customer References if required please feel free to contact: Real Estate Advisory Team Kingwood Fine Cabinetry Clone Cubicles Eve Couture William Chris Winery Tony Martin Builders

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19 lcity of jfredericksburg 126 West Main Street Fredericksburg, TIC NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT HEARING DATE: JANUARY 4,2012 TIME: 5:30 PM REQUEST NUMBER: Z-1109 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: JANUARY 16, 2012 TIME: 7:00 PM REQUEST NUMBER: Z-1109 For additional information, contact Director of Development Services, Brian Jordan at APPLICANT: Fredericksburg Computer Services, Joseph R. McSparin LOCATION: 904 N. Milam St. (see accompanying map) REQUEST: Conditional Use Permit to allow Consumer Repair Services in a C-l zoning district (DETACH BELOW) REQUEST NO. Z-1109 As an interested property owner, I (Protest)(Approve) the requested zoning amendment represented by the above file number because: Signed Date Printed Name

20 Letter Owner A Russ & Cecilia Thayer B New Hope Primitive Baptist Church C Gillespie County Board of Realtors D Louis F. Roos E JoAnn Voisinet & Jerry Martino F Anne Michelle Segner G James Brian & Tabitha Ann Reeh H Harriet Minier Whitehead I Carinthia M. Ramirez J Karla V. Aranda Jesus S. Echartea K Curtis W. & Dianne Staudt L Roger R. Zenner M Roger R. Zenner N Vaughn Usener 0 Kenneth F. Gold Irrevocable Trust P Pat Dooley Family Trust clo Patrick Michael Dooley Q Tracy Michelle Roberts R Franklin J. & Patricia E. Becker Trust S Stephen Karl Feller T Stephen Karl Feller Z-1109

21 Bid Results Pool Resurfacing Atlantis Pool Plastering, Inc. Abilene, Texas Standard Plaster (7-10 year finish) $33,854 Quartz Plaster (l 0-13 year finish) $36,854 Progressive Commercial Aquatics Manor, Texas $53,089 $62,220 Bids were opened for pool resurfacing on 12/ with Director of Finance Brad Kott and Director of Parks & Recreation Jimmy Alexander present. We received bids from two firms. Both bidders meet the bid requirements for work experience, insurance, bonding, etc. After checking references on the low bidder Atlantis Pool Plastering, Inc., I recommend awarding the standard plaster finish for $33,854 to Atlantis. Note: Neither firm was willing to submit a bid for a painted finish because there was too much unknown about the sub-surface. They felt that there was certain to be some deterioration of the sub-surface, and a painted finish would not provide an adequate finished product.

22 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A FEE SCHEDULE ARTICLE , GARBAGE AND TRASH FEES, ARTICLE , WATER AND SEWER RATES AND FEES (SPECIFICALLY, SECTIONS AND AND SECTION ) AND ARTICLE FEES FOR SANITARY LANDFILL, ESTABLISHING AN EFFECTIVE DATE, REPEALING INCONSISTENT PROVISIONS, AND PROVIDING FOR PARTIAL INVALIDITY WHEREAS, The City Council of the City of Fredericksburg has determined that in order to maintain the fiscal viability of the City's Water, Sewer, Garbage Collection and Sanitary Landfill operations and to provide for future improvements to the same, that certain fees for the use of such utilities should be increased as the same are set forth below; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT THE FOLLOWING ORDINANCE BE AND IS HEREBY ENACTED AND THAT APPENDIX A FEE SCHEDULE ARTICLE , GARBAGE AND TRASH FEES, ARTICLE WATER AND SEWER RATES AND FEES AND ARTICLE FEES FOR SANITARY LANDFILL SECTIONS THE CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG BE AMENDED OR ADDED AS FOLLOWS: Article GARBAGE AND TRASH FEES Sec Garbage Collection Rates. (Effective January 25, 2012) (a) Each commercial customer participating in the automated garbage collection, and each owner or occupant of each residence within the city limits, shall be charged the following sum per month for each automated bulk garbage containers: (1) Thirty-two gallon bulk container shall be nine dollars ($9.00) per container. (2) Sixty-four gallon bulk container shall be ten dollars and fifty cents ($10.50) per container.

23 (3) Ninety-six gallon bulk container shall be twelve dollars ($12.00) per container. (b) Occupants of apartment or multi-tenant complexes within the city limits whose individual units are billed for any other city utilities shall be charged nine dollars ($9.00) per individual dwelling unit per month. (c) Apartments or multi-tenant complexes within the city limits whose individual units are not billed for any other city utilities and, at the discretion of the Director of Public Works or his designee, require the use of a City of Fredericksburg dumpster, shall be charged the following sum per dumpster per month, based upon collection service of four (4) times per month: (1) Ninety-six gallon bulk container shall be twenty four dollars ($24.00) per container. (2) Three yard dumpster shall be sixty dollars and twenty five cents ($60.25) per container. (3) Four yard dumpster shall be seventy one dollars and twenty five cents ($71.25) per container. Any additional collection shall be charged at the rate of twenty four dollars ($24.00) for a ninety-six gallon bulk container, sixty dollars and twenty five cents ($60.25) for a three yard dumpster, and seventy one dollars and twenty five cents ($71.25) for a four yard dumpster for each container for each pick-up. (d) Businesses within the city limits that require the use of a City of Fredericksburg container, shall be charged the following sum per container per month, based upon collection service of four (4) times per month: (1) Ninety-six gallon bulk container shall be twenty four dollars ($24.00) per container. (2) Three yard dumpster shall be sixty dollars and twenty five cents ($60.25) per container. (3) Four yard dumpster shall be seventy one dollars and twenty five cents ($71.25) per container.

24 Any additional collection shall be charged at the rate of twenty four dollars ($24.00) for a ninety-six gallon bulk container, sixty dollars and twenty five cents ($60.25) for a three yard dumpster, and seventy one dollars and twenty five cents ($71.25) for a four yard dumpster for each container for each pick-up (e) and (f) shall remain as written. ARTICLE WATER AND SEWER RATES AND FEES Section Water Department Utility Rates. (Effective January 25, 2012) Class Unit Measure Gallon Usage Rate per thousand Residential Minimum 0 $9.50 Per 1, ,000 $ ,001-15,000 $ ,001-20,000 $ ,001-30,000 $ ,001-40,000 $ ,001-50,000 $8.00 Over 50,000 $9.00 Commercial Minimum 0 $14.00 Per 1, ,000 $1.70 Over 10,000 $2.70 Industrial Rates shall remain as written Rates for all Categories of services for all properties lying outside the City limits shall be double those rates listed above, including minimum charges.

25 Section Sewer Department Utility Rates. (Effective January 25, 2012) (a) Commercial Rate: 0-3,000 gallons/month (minimum billing) $12.00 Over 3,000 gallons/month $3.52 for each 1,000 gallons (b) Residential Rate: 0-3,000 gallons/month (minimum billing) $8.25 Over 3,000 gallons/month $2.88 for each 1,000 gallons (c) Rates for all Categories of services lying outside the City limits shall be double those rates listed above, including minimum charges. (d) Deleted. ARTICLE FEES FOR SANITARY LANDFILL (Effective January 25, 2012) Each individual, corporation or other entity, or member of a partnership using the public dumping grounds belonging to the city shall be assessed and shall pay to the attendant at such public dumping grounds, for the privilege of dumping or depositing garbage or other material at the said public dumping grounds, the following charges or fees for each load which shall be applied alternatively as applicable: (a) Minimum fee: $10.00 (b) Per ton: $48.00 The remainder of Article (c) through (m) shall remain as written End of Code Text

26 Severability I Invalidity. If any provision of this ordinance or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without defeating the purpose or objective of the provisions, and to this end, the provisions of this ordinance are declared to be severable. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Effective Date. The rates provided for herein shall become effective on January 25, PASSED AND APPROVED this the day of January, Tom Musselman, Mayor City of Fredericksburg ATTEST: APPROVED AS TO FORM: Shelley Britton, City Secretary Pat McGowan, City Attorney

27 Memorandum To: Mayor and City Council From: Ernie Loeffler (}& Director Subject: Request for CVB Operating Reserve ~: January 11, 2012 ~COpy: Gary Neffendorf, City Manager (retired) As you may remember, we briefly discussed during the approval process ofthe CVB budget for 2011/2012 the need to add to the operating reserve fund of the Fredericksburg Convention and Visitor Bureau. We currently sit at about 50% of the three month amount the Board has stated that we should keep in reserve. Based on the amount of hotel occupancy tax collected above projection for 2010/2011 and after consultation with our City Council rep Tim Dooley, the CVB Board voted to request $50,000 from the City of Fredericksburg Tourism Fund to enhance our operational reserve. See notes attached. After consultation with the Mayor, I will make that request at the City Council meeting on this Monday, January 16. If you have questions before then, please me at director@fbgtx.org or call the CVB office at Thank you for your consideration. F: I I ' ", " I. VlsitFredericksburgTX.com

28 January 11, 2012 The CVB Board has had a policy on the books to maintain an operating reserve of three months of the current budget, but the reserve fund has not been added to as the CVB budget has grown over the recent years. Based on CVB budget for 2011/2012 a three month operating reserve would be $373,346. Reserve funds in bank as of today are $181, basically ~. The CVB needs $191,495 in additional funds to have 3 month reserve in the bank. CVB Board voted to request roughly 1/4 of the amount needed to bring operating reserve up to three months -- $50,000 to round off. This is roughly ~ of the amount ($111,261) that HOT was over projection for the fiscal year ended on September 30, In this scenario, an additional $61,261 would go into the City's Tourism Fund if CVB were awarded the $50,000 for operational reserve. If we are over projection again next year, an additional request for operational reserve could be considered at that time. Note --- The CVB receives 5/7 of the projected HOT to fund our budget. If the City Council wanted to use "5/7" as the guideline for enhancing the reserve from the amount collected over budget, 5/7 of $111,261 would be $79,472.