07/05/2011 - Fredericksburg

Transcription

07/05/2011 - Fredericksburg
CITY OF FREDERICKSBURG
CITY COUNCIL AGENDA
TUESDAY. TULY f. 2011 - 7:00 p.m.
Law Enforcement Center -- 1601 East Main Street
Page Ref.
1.
Call to Order.
2.
Pledge of Allegiance.
3.
Approve minutes of January and February 2011 meetings.
4.
NEW BUSINESS
Receive and consider golf course master plan presentation and consider schedule
and funding.
5.
Consider setting date(s) for budget workshop(s).
6
UNFINISHED BUSINESS
Discuss, consider, and vote on membership, methodology, and council's
instructions to the pool committee.
7.
Consider awarding contract for Lady Bird Johnson pump station.
COMMENTS
8.
Public Comment.
9.
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 551.071
(Consultation with Attorney), 551.072 (Deliberations about Real Property). 551.073 (Deliberations about Gifts and
Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551 .086
(Economic Development).
10.
Executive Session - Real Estate - Consider sale of land.
ADJOURNMENT
Pp 1-21
Pp 22-23
STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2011
7:00PM
On this the 3,d day of] anuary, 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
TIM DOOLEY - COUNCIL MEMBER
KEVIN MACWITHEY - COUNCIL MEMBE R
BJORN KIRCHDORFER - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
ABSENT:
PAT MCGOWAN - CITY ATTORNEY
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAUL OESTREICH - CHIEF OF POLICE
The meeting was called to order at 7:00 PM following the Pledge of Allegiance.
APPOINTMENTS TO GILLESPIE COUNTY ECONOMIC DEVELOPMENT
COMMISSION BOARD OF DIRECTORS - Ttwas moved by Council Member Pearson, seconded
by Kirchdorfer, to appoint Britt Pounds and Sherry Rode to the Gillespie County Economic
Development Commission Board of Directors for a term of two years expiring December 2012. The
vote was as follows: AYE: Mussehnan, Dooley, MacWithey, Kirchdorfer, and Pearson; NAY: None.
Motion carried.
WORKSHOP DATE WITH POOL CONSULTANTS - It was moved by Council Member
Pearson, seconded by Council Member Kirchdorfer, to set January 18, 2011, 8:00 AM at City Hall for
a workshop with the pool consultants. The vote was as follows: AYE : Musselman, Dooley,
MacWithey, Kirchdorfer, and Pearson; NAY: None. Motion carried.
PUBLIC COMMENT - Rosemary Estensen commented on a new nativity scene for Market Square
which will be privately funded and donated to the city, and requested the city provide storage in the
future.
COUNCIL COMMENT - Mayor Mussehnan stated the Mayor's Christmas Committee would meet
in January and his intention is to ask former mayor Jeryl Hoover to head that committee. Also, the
nativity will be discussed at the January Christmas Committee meeting.
EXECUTIVE SESSION - At 7:19 PM, Council Member Kirchdorfer made a motion to recess the
regular session and go into Executive Session. Council Member MacWithey seconded the motion, and
the motion carried. At 7:30 PM, Council Member Dooley made a motion to adjourn the Executive
Session and reconvene the regular session. Council Member Kirchdorfer seconded, the motion carried.
Following Executive Session, the following action was taken:
REAL ESTATE - PURCHASE AND EXCHANGE OF PROPERTY - No action was taken.
PERSONNEL - SALARY ADJUSTMENTS FOR MUNICIPAL COURT JUDGE AND
CITY MANAGER - It was moved by Council Member Pearson, seconded by Council Member
Dooley, to approve a 2% salary adjustment for the Municipal Court Judge and Ciry Manager. The vote
was as follows: AYE: Musselman, Dooley, MacWithey, Kirchdorfer, and Pearson; NAY: None. Motion
carried.
With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 8:23
PM. Council Member MacWithey seconded the motion. Motion carried.
PASSED AND APPROVED this the
5th
day of July, 2011 .
SHELLEY BRITTON, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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TOM MUSSELMAN, MAYOR
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REGULAR CITY COUNCIL MEETING
JANUARY 17, 2011
6:00 PM
On this the 17th day of January, 2011, the City Council of the CIIT 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
KEVIN MACWITHEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CIIT MANAGER
BRIAN JORDAN - DIRECTOR OF DEV. SERVICES
PAT MCGOWAN - CIIT ATTORNEY
PAUL OESTREICH - CHIEF OF POLICE
The meeting was called to order at 6:00 PM following the Pledge of Allegiance.
PUBLIC HEARING: POOL RENOVATION PROTECTS - It was moved by Council Member
Dooley, seconded by Council Member Kirchdorfer, to recess the regular session and open a public
hearing on Pool Renovation Projects. All voted in favor and the motion carried.
Mark Hatchel and Scott Hester, representatives of pool consultants Kimley-Horn, were on hand to
present options for pool facilities, including a family aquatic center at Lady Bird Park and a replacement
pool or splashpad at Town Pool. A three hour discussion ensued with comments both pro and con
from John Watson, Augusta White, George Burns, Dave Campbell, Jimmy Lukacs, Derrick Dietrich,
Rex Maner, Kurt Diejkes, Kelly Musselman, Whitney Koch, and Leonard Bentch. No action taken at
this time.
2011 HOTEL OCCUPANCY TAX FUND REQUESTS - Council received requests for 2011 Hotel
Occupancy Tax funds as follows:
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Fredericksburg Rotary Club - Wings of the Hill Nature Festival - $5,000
Gillespie County Historical Society/Pioneer Museum: $183,000
Ignite: $7,500
Boys & Girls Club: $5,000
Frcdericksburg Art Guild: $4,000
Hill Country Antique Tractor & Engine Club, Inc.: $4,000
Optimist/Hill Country Run: $5,000
Chamber/NIOF: $9,886
Jaycees/Crawfish Festival: $5,000
Fredericksburg Music Club: $3,000
Knights of Columbus: $2,000
Fredericksburg 4'h of July Celebration: $5,000
Fredericksburg Theater Company: $30,000
Hill Country Film Festival: $15,000
Fredericksburg Farmers Market: $2,400
Admiral Nimitz Foundation: $100,000
Admiral Nimitz Foundation (Nauwald Building): $25,000
GCFFA: $40,000
Fredericksburg Jaycees - Truck & Tractor Pull: $5,000
Arion Men's Choir: $2,500
Die Kunstler von Fredericksburg: $2,000
Chamber/St. Nikolaus: $8,000
RESOLUTION INDICATING A COMMITMENT TO COMMUNICATIONS
INTEROPERABILITY FOR EMERGENCY SERVICES AND UTILITY SERVICES AND
AUTHORIZING CITY MANAGER TO ACT AS THE AUTHORIZED OFFICIAL (PAUL
OESTREICH) - It was moved by Council Member Pearson, seconded by Council Member
MacWithey, to adopt a resolution indicating a commitment to communications interoperability for
emergency services and utility services and authorizing city manager to act as the authorized official. The
vote was as follows: AYE: Musselman, Dooley, MacWithey, Kirchdorfer and Pearson; NAY: None.
Motion carried.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS,
INDICATING A COMMITMENT TO COMMUNICATIONS INTEROPERABILITY FOR ITS
EMERGENCY SERVICES AND UTILITY SERVICES AND AUTHORIZING THE CITY
MANAGER TO ACT AS THE AUTHORIZED OFFICIAL.
WHEREAS, the City Council of the City of Fredericksburg, Texas finds it in the best interest of the
citizens of Fredericksburg that the Communications Interoperability - Equipment project be operated
for the calendar years 2011 and 2012; and
WHEREAS, the City Council of the City of Fredericksburg agrees to provide applicable matching
funds for the said project as required by the Criminal Justice Program grant application; and
WHEREAS, the City Cowlcil of the City of Fredericksburg, agrees that in the event of loss or misuse
of the Crinlinal Justice Division FWlds, The City Council assures that the funds will be returned to the
Crinlinal Justice in full.
WHEREAS, the City Council of the City of Fredericksburg designates Gary Neffendorf, City Manager,
as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject
alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fredericksburg
approves submission of the grant application for the Communications Interoperability - Equipment
project to the Office of the Governor, Crinlinal Justice Division.
ADOPTED THIS, the 17'h day of January, 2011.
/ s/ Tom Musselman. Mayor
.\ttest: Shelley Britton. City SecretaJ;y
PUBLIC COMMENT - None.
COUNCIL COMMENT - No comments.
EXECUTIVE SESSION - At 9:00 PM, Council Member Dooley made a motion to recess the regular
session and go into Executive Session. Council Member Pearson seconded, and the motion carried. At
9:25 PM, Council Member Dooley made a motion to adjourn the Executive Session and reconvene the
regular session. Council Member Pearson seconded; motion carried.
Following Executive Session, the following action was taken:
REAL ESTATE - SALE, PURCHASE, AND EXCHANGE OF PROPERTY - No action taken.
With no further discussion, Council Member Kirchdorfer made a motion to adjourn the meeting at 9:26
PM. Council Member MacWithey seconded. Motion carried.
PASSED AND APPROVED this the 5'h day of July, 2011.
SHELLEY BRITTON, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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TOM MUSSELMAN, MAYOR
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SPECIAL CITY COUNCIL MEETING
JANUARY 18, 2011
8:00AM
On this the 18,h day of January, 2011, 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
KEVIN MACWITHEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CI1Y MANAGER
JIMMY ALEXANDER - DIRECTOR OF PARKS & RECREATION
BRIAN JORDAN - DIRECTOR DEVELOPMENT SERVICES
SHELLEY BRITTON - CI1Y SECRETARY
TI,e meeting was called to order at 8:00 AM.
WORKSHOP - POOL IMPROVEMENT PROTECTS - Mark Hatchel and Scott Hester,
representatives of pool consultants Kimley-Hom, were on hand for the workshop to discuss pool
improvement projects. Following a lengthy discussion, Council agreed to direct the consultants to
proceed with designs of a $1.3 million town pool and $2.9 million park pool.
With no further business, Council Member Dooley made a motion to adjourn the meeting at 10:50
AM. Council Member Kirchdorfer seconded the motion. Motion carried.
PASSED AND APPROVED this the 5th day of July, 2011.
SHELLEY BRITTON, CI1Y SECRETARY
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TOM MUSSELJ\.L\N, MAYOR
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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REGULAR CITY COUNCIL MEETING
JANUARY 21, 2011
3:00 PM
On this the 21" day of January, 2011, the City Council of the CI1Y OF FREDERICKSBURG
convened in special session at City Hall, with the following members present to constitute a quorum:
TOM MUSSELMAN - MAYOR
GRAHAM PEARSON - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
KEVIN MACWITHEY - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CI1Y MANAGER
PAT MCGOWAN - CI1Y ATTORNEY
CRAIG WALLENDORF - D.P.W.U.
®
The meeting was called to order at 3:00 PM following the Pledge of Allegiance.
SET SPECIAL MEETING TO CONSIDER ADOPTION OF AN ECONOMIC
DEVELOPMENT PLAN. TO CONSIDER ENTERING INTO AN ECONOMIC
DEVELOPMENT AGREEMENT WITH THE FORMER TEXAS RANGERS
FOUNDATION FOR THE CONSTRUCTION OF A MUSEUM AND HERITAGE
CENTER. AND TO CONSIDER ENTERING INTO A LEASE WITH THE FORMER
TEXAS RANGERS FOUNDATION FOR A PORTION OF THE CITY'S PROPERTY
LOCATED ON US HIGHWAY 290 EAST - Council agreed to place the consideration of adoption
of an Economic Development Plan, entering into an Economic Development Agreement with the
former Texas Rangers Foundation for the construction of a museum and heritage center, and entering
into a lease with the former Texas Rangers Foundation for a portion of the City'S property located on
US Highway 290 East on the next regular meeting agenda, February 7, 2011.
EXECUTIVE SESSION - At 3:02 PM, Council Member Dooley made a motion to recess the regular
session and go into Executive Session. Council Member Pearson seconded the motion, and the motion
carried. At 4:28 PM, Council Member Pearson made a motion to adjourn the Executive Session and
reconvene the regular session. Council Member Kirchdorfer seconded, the motion carried.
Following Executive Session, no action was taken.
With no further discussion, Council Member Pearson made a motion to adjourn the meeting at 4:35
PM. Council Member Kirchdorfer seconded the motion. Motion carried.
PASSED AND APPROVED this the 5th day of July, 2011.
SHELLEY BRITTON, CITY SECRETARY
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TOM MUSSELMAN, ",1AYOH.
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
SPECIAL CITY COUNCIL MEETING
FEBRUARY 3, 2011
3:15 PM
On this the 3'" day of February, 2011, 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
KEVIN MACWITHEY - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAT McGOWAN - CITY ATTORNEY
BRIAN JORDAN - DIR OF DEVELOPMENT SERVICES
JIMMY ALEXANDER - DIR OF PARKS & RECREATION
The meeting was called to order at 3:15 PM.
2011 HOTEL TAX APPLICATIONS - Council discussed the 2011 Hotel Tax Applications. No
action was taken.
POOL OPTIONS AND SPECIAL MEETING DATE - Council discussed pool options and set
Feb. 10, 5:30 PM, at the LEC for a Special Meeting to fInalize their decision on pool considerations
and vote on debt issuance. Also present: Todd Kneese, Dawn Bourgeois, Leonard Bentch, and Tommy
Segner.
With no further business, Council Member Dooley made a motion to adjourn the meeting at 5:50 PM.
Council Member Kirchdorfer seconded the motion. Motion carried.
PASSED AND APPROVED this the 5'h day of July, 2011.
TOM MUSSELMAN, MAYOR
SHELLEY BRITTON, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 2011
6:00PM
On this the 7'h day of February 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
KEVIN MACWITHEY - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
ABSENT:
BJORN KIRCHDORFER - COUNCIL MEMBER
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAT MCGOWAN - CITY ATTORNEY
CRAIG WALLENDORF - D.P.W.V.
BRIAN JORDAN - DIR. OF DEVELOPMENT SERVICES
JIMMY ALEXANDER - DIR. OF PARI<'S & REC
The meeting was called to order at 600 PM following the Pledge of Allegiance.
MINUTES - it was moved by Council Member MacWithey, seconded by Council Member Pearson,
to approve the minutes of the October 2010 meeting as presented. All voted in favor and the motion
carried.
JOINT MEETING WITH WAYFINDING COMMITTEE - Council met in a joint session with
the Wayfmding Committee to receive a presentation from consultant Glenn Swantek (MERJE) on the
fmal document for the Wayfinding and Guiding Signage Project. No action taken.
REPORT FROM CHRISTMAS COMMITTEE- Jeryl Hoover updated council on the Christmas
Committee's plans for the upcoming year to add child friendly decorations, and music. No action
taken.
POOL RENOVATIONS - Council received comments from the public concerning the decision to
eliminate Town Pool and concentrate on a "one pool option" which could also include relocating the
primary city pool to a central location and eliminating the Park Pool as well. Comments were received
from the public both in favor of the "one pool option" and against it. Concern was also voiced about
the proposal to do away with the lighted soccer field at Old Fair Park in order to place an Aquatic
Facility at that location. Those speaking included Lorrie Hess, Jeff Hammond, Vince Conroe, George
Bruns, Chuck J enschke, All Carr, Dawn Bourgeois, and Tommy Segner.
RESOLUTION FOR ECONOMIC DEVELOPMENT PROGRAM - It was moved by Council
Member Pearson, seconded by Council Member MacWithey, to adopt a Resolution Establishing
Chapter 380 Economic Development Program. The vote was as follows: AYE: Musselman, Dooley,
Pearson, and MacWithey. Motion carried.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG
ESTABLISHING CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM
EFFECTIVE FEBRUARY 7, 2010
I. General Statement of Purpose and Policy
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The City of Fredericksburg, Texas is committed to the promotion of quality developments in all parts
of the City and to an ongoing improvement of the quality of life for its citizens. The City has
previously taken steps to encourage expansions and relocations of businesses within and to the City,
however, the City now seeks to expand and enhance its economic development efforts by
establishing this Chapter 380 Economic Development Program Policies and Procedures.
These Policies and Procedures are established in an effort to improve, develop and expand the local
economy by promoting and encouraging development and expansion of tourism, businesses and
industries that enhance the City's economic base and diversify and expand job opportunities. The
ultimate goals and public purposes of programs established hereunder are to stimulate and diversify
business and commercial activity in the City and the local economy, reduce unemployment and
underemployment, and protect and enhance the City's fiscal ability to provide high quality municipal
services to Fredericksburg residents.
In furtherance of these objectives, the City of Fredericksburg will, on a case by-case basis, give
consideration to providing economic incentives to applicants in accordance with these Policies and
Procedures as authorized by Chapter 380 of the Texas Local Government Code, as amended from
time to time.
Nothing in this document is intended to imply or suggest that the City of Fredericksburg is under any
obligation to provide economic incentives to any applicant. All applicants shall be considered on a
case-by-case basis. The decision to approve or deny economic incentives shall be at the discretion
of the Fredericksburg City Council. Each applicant granted economic incentives from the Chapter
380 Economic Development Program (also referred to as Program) under these Policies and
Procedures must enter into an Economic Development Agreement with the City of Fredericksburg
containing all terms required by these Policies and Procedures and state law, or as deemed necessary
and appropriate by the City Council.
II. Definitions
A. Economic Development Agreement. A contractual agreement between an applicant and the
City for the purpose of an economic incentive.
B. Business Personal Property. Property used by a business and which is not real property, and
excluding inventory.
C. City. The City of Fredericksburg, Texas, and all its governing and operating bodies.
D. Council. The City Council ofthe City of Fredericksburg, Texas.
E. Expansion. The addition of improvements and business personal property subject to ad
valorem taxes to an existing facility, but excluding inventory.
F. Facility. Improvements which, when completed, together comprise an integral whole.
G. Improvement. A building, structure or fixture erected on or affixed to land.
H.Incentive. Any City participation or contribution permissible under Chapter 380, as amended,
of the Texas Local Government Code.
l. Modernization. The replacement or upgrading of existing facilities, which increases the
productive input or output, updates the technology, substantially lowers the unit cost of
operation, or extends the economic life of the facility. Modernization may result from the
construction, alteration, or installation of improvements. It shall not be for the purpose of
reconditioning, refurbishing, repairing, or completion of deferred maintenance.
J. Project. A business and/or facility that is to be considered for an economic incentive.
K. Real Property. Shall mean land and all permanent improvements constructed or erected on
the land.
III. Program Requirements for Incentive Consideration
A.
Incentives may be granted for new facilities, expansion or modernization of existing facilities
that add new value to facilities intended for use by and open to the public to entities
renovating or occupying existing facilities within the city limits of Fredericksburg which will
enhance the cultural, civic, educational, or recreational industries or draw to the city of
Fredericksburg. To be considered for incentives as a Chapter 380 Economic Development
Program under these Policies and Procedures, a project must be commensurate with value
of any incentives granted under this Program as determined by the City Council of the City
of Frederi cks burg.
B.
Incentives established under this Program shall be provided only to the extent that the
revenue realized by the City as a whole and attributable to a project exceeds a minimum
amount established in the Agreement by whatever manner of measurement is determined by
the City Council. The public benefit or amount of revenue realized by the City as a whole
and attributable to the project must be commensurate with value of any incentives granted
under this Program
Primary Proiects:
A project may be considered if it will:
A.
Result in a minimum of increased real property improvements in the City of Fredericksburg
of at least $3,000,000.00; and
B.
Provide justification for incentives based upon
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a.
b.
c.
d.
e.
f.
g.
h.
the type and number of jobs to be created or retained;
additional revenues created for the City from sales tax and tax on real property,
business personal property and inventory, Hotel-Motel Tax, utility revenues,
projected increase in visitor ship of population and attendant increases in or stimulus
of secondary economic benefits such as housing, the potential to attract related,
ancillary or support businesses;
the business is listed as or supports a target industry for the city as set forth in the
Comprehensive Plan for the City;
the business is one that enhances or compliments the existing businesses or industries
in town or provides additional offerings for drawing people to visit the City;
the market conditions and growth potential for the business activity;
that it will be a positive addition to the City'S Electric Service Territory, and water
and wastewater services;
that the incentive is needed in order to attract the facility, business or business
expansion to the City; or
any combination of the above.
Other Projects:
Any other project may be considered if it is specifically determined by the City Council to bring
extraordinary benefit to the City consistent with this policy.
IV. Types of Economic Incentives
A.
Grant incentives offered under these Policies and Procedures may be utilized for:
a.
b.
c.
d.
e.
f.
g.
h.
I.
B.
relocation assistance;
land and/or building acquisition costs;
building improvements or relocation;
utility line extension/connections;
payment of water ans sewer impact fees ;
extension of public roads;
drainage improvements;
leases of land owned by the City; or
Any other purpose approved by City Council.
Depending upon the number of employees, wage levels, capital improvements, inventory,
and type of business, other types of incentives allowed by Chapter 380, Texas Local
Government Code, as amended from time to time, may be considered.
V. Denial ofIncentives
All eligible applications for incentives shall be considered on a case-by-case basis as set forth herein,
(]j)
and the decision to approve or deny any incentive shall be made at the discretion of the City Council.
VI. Application Process
A.
Required Information: In order for the City to evaluate a request for economic incentive
and to determine the level at which an applicant qualities for incentives. the applicant shall
make application to the City, and perform an economic impact analysis for the proposed
project. Additional information may be included to further describe the project and may be
required to provide a comprehensive evaluation. Applicants are encouraged to include any
information regarding ancillary benefits associated with the project such as the ability of the
project to attract other projects to the city.
B.
Application Submittal: Application or request should be submitted to the City Manager of
the City of Fredericksburg, 124 West Main Street, Fredericksburg, Texas 78624.
C.
Application Review: Upon receipt of the application or request, the City Manager, or his
or her designee, which may be a committee established for such purpose, will review the
application and make a recommendation for approval/denial to City Council.
VII. Approval of Incentives
Upon approval of any incentives authorized by City Council, before the City of Fredericksburg
incentive grant will be made to the applicant, the applicant shall:
A.
Enter into an executed Economic Development Agreement
B.
Pursue and complete the project that is the basis upon which the incentives were considered,
i.e. by creating new capital investment in accordance with the time periods specified in the
Economic Development Agreement, renovating/improving an existing building, etc; and
C.
Be a member of the Fredericksburg Chamber of Commerce.
Passed and approved this the
7th
day of February, 2011.
/s/ Tom Musselman. Mayor
SECTI ON 380 ECONOMIC DEVELOPMENT AGREEMENT WITH THE F ORMER
TEXAS RANGERS FOUNDATION - It was moved by Council Member Dooley, seconded by
Council Member MacWithey, to approve a Section 380 Economic Development Agreement with the
Forner Texas Rangers Foundation to include a land lease, and to authorize the City Manger to execute
documents on behalf of the city. The vote was as follows: AYE: Musselman, Dooley, Pearson, and
MacWithey. Motion carried.
PUBLIC COMMENT - No comments received from the public.
COUNCIL COMMENT - No comments.
EXECUTIVE SESSION - At 8:50 PM, Council Member Pearson made a motion to recess the regular
session and go into Executive Session. Council Member MacWithey seconded the motion, and the
motion carried. At 9:54 PM, Council Member Pearson made a motion to adjourn the Executive Session
and reconvene the regular session. Council Member MacWithey seconded, the motion carried.
Following Executive Session, the following action was taken:
REAL ESTATE - SALE. PURCHASE. AND EXCHANGE OF PROPERTY - No action was
taken.
PUBLIC POWER UTILITIES - POSSIBLE PARTICIPATION IN A "POWER SUPPLY
AGREGATION GROUP" WHICH INVOLVES A "LOAD DECREASE" PURSUANT TO
SECTION 3.6 OF THE LCRA WHOLESALE POWER SUPPLY AGREEMTNS - No action
taken.
With no further discussion, Council Member Dooley made a motion to adjourn the meeting at 9:55
PM. Council Member Pearson seconded the motion. Motion carried.
PASSED AND APPROVED this the 5'h day of July, 2011.
SHELLEY BRITTON, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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TOM MUSSELMAN, MAYOR
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 10, 2011
5:30 PM
On this the 10"' day of February, 2011 , 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
KEVIN MACWITHEY - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAT McGOWAN - CITY ATTORNEY
JIMMY ALEXANDER - DIR OF PARKS & RECREATION
PAUL OESTREICH - CHIEF OF POLICE
The meeting was called to order at 5:30 PM.
POOL PROJECT - Mark Hatchel of Kimley-Horn Associates presented updated information on the
pool project.
Comments were received from John Detrnar, Robin Coswer, Mark Harmon, George Burns, Jerry
Farley, Chuck Jenschke, Tonya Benson, and Kelly Musselman.
RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CITY OF FREDERICKSBURG, TEXAS, COMBINATION TAX REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2011, AND OTHER MATTERS RELATED
THERETO - It was moved by Council Member Dooley, seconded by Council Member I<irchdorfer,
to adopt a Resolution directing the Publication of Notice ofIntention to Issue City of Fredericksburg,
Texas, Combination Tax Revenue Certificates of Obligation, Series 2011, not to exceed $3,200,000.
The vote was as follows: AYE: Mussleman, MacWithey, Pearson, Dooley and I<irchdorfer. NAY:
None. Motion carried.
RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CITY OF FREDERICUSBURG, TEXAS COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011; AND OTHER
MATTERS RELATED THERETO
WHEREAS, the City Council (the "Council") of the City of Fredericksburg, Texas (the "City")
finds that the payment in whole or in part of contractual obligations incurred or to be incurred
for (1) construction of an aquatic center, including a swimming pool, and restoration of existing
facilities located at Lady Bird Municipal Park, and (2) the payment of professional services in
connection therewith including legal, fiscal, and engineering fees and the costs of issuance in
connection with the certificates described below (the "contractual Obligations") would be
beneficial to the inhabitant of the City and are needed to perfo= essential City functions; and
WHEREAS, the Council has deemed it advisable to give notice of intention to issue certificated
of obligation in a maximum principal amount not to exceed $3,200,000 (the "Certificates")
pursuant to the provision of the Certificate of Obligation Act of 1971, Section 271.041 et seq.,
Local Government Code (the "Act") for the purpose of financing the Contractual Obligations,
and
WHEREAS, prior to the issuance of the Certificates, the City is required under the Act to
publish notice of its intention to issue the Certificates once a week for two consecutive weeks
in a newspaper of general circulation in the City with the first publication to be at least 30 days
before the date tentatively set for passage of the Ordinance authorizing the Certificates, the
notice stating: (I) the time and place tentatively set of the passage of the ordinance authorizing
the issuance of the Certificates, (ii) the maximum amount and purpose of the Certificates to be
authorized, and (iii) the manner in which the Certificates will be paid; and
WHEREAS, the meeting at which this Resolution is adopted was open to the public and public
notice of the time, place and purpose of the meeting was given, all as required by Chapter 551,
Texas Government Code, as amended:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FREDERICKSBURG, TEXAS, THAT
1.
Attached here is a form of the Notice of Intention to issue the Certificates, the form and
substance of which is hereby adopted and approved in substantially such form.
2.
The City Secretary or other authorised representatives of the City, shall cause the notice
be published in substantially the form attached hereto, in a newspaper of general
circulation in the City, once a week for two consecutive weeks, the date of the first
publication to be at least thirty (30) days prior to the time set for the ordinance
authorizing the issuance of the Certificates as shown in the notice.
3.
This Resolution shall become effective immediately upon adoption. The Mayor and City
Secretary are hereby authorized and directed to execute this Resolution on behalf of the
City and to do any and all things proper and necessary to carry out the intent of this
Resolution.
4.
This City hereby authorized the disbursement of a fee equal to the lesser of (1) one-tenth
of one percent of the principal amount of the Certificates of (ii) $9,500, provided that
such fee shall not be less that $750, to the Attorney General of Texas Public Finance
Division for payment of the examination fee charged by the State of Texas for the
Attorney General's review and approval of public securities and credit agreements, as
required by Section 1202.004 of the Texas Government Code. The appropriate member
of the City'S staff is hereby instructed to take the necessary measures to make this
payment. The City is also authorized to reimburse the appropriate City funds for such
payment from proceeds of the Certificates.
EXHIBIT A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of
Fredericksburg, Texas, to issue interest bearing certificates of obligation of the City entitled
"City of Fredericksburg, Texas Combination Tax and Revenue Certificates of Obligation, Series
2011" for the purpose of paying contractual obligations incurred or to be incurred by the City
of (1) construction of an aquatic center, including a swimming pool, and restoration of existing
facilities located at Lady Bird Municipal Park, and (2) the payment of professional services in
connection therewith including legal, fiscal, and engineering fees and the costs of issuance in
connection with the Certificates. The City Council tentatively proposed to authorize the
issuance of such Certificates at it's regular meetSing place at the Law Enforcement Center, 1601
E, Main St., Fredericksburg, Texas, at a meeting to commence at 7:00 pm on the 4" day of
April, 2011. The maximum amount of Certificates that may be authorized for such purpose if
$3,200,000. The city council presently proposes to provide for the payment of such Certificates
from the levy of ad valorem taxes and from a limited pledge of surplus revenues not to exceed
$1,000 derived from the operation of the City'S combined waterworks and sewer system.
CITY OF FREDERICKSBURG, TEXAS
With no further business, Council Member Dooley made a motion to adjourn the meeting at 7:30 PM.
Council Member Kirchdorfer seconded the motion. Motion carried.
PASSED AND APPROVED this the 5" day of July , 2011.
SHELLEY BRITTON, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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TOM MUSSELMAN, MAYOR
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REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2011
7:00 PM
On this the 21" day of February, 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
KEVIN MACWITHEY - COUNCIL MEMBER
GRAHAM PEARSON - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
ABSENT:
NONE
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAT MCGOWAN - CITY ATTORNEY
BRAD KOTT - DIR OF FINANCE
PAUL OESTREICH - CHIEF OF POLICE
CRAIG WALLENDORF - D.P.W.U.
BRIAN JORDAN - DIR OF DEVELOPMENT SERVICES
JIMMY ALEXANDER - DIR OF PARK:S & RECREATION
The meeting was called to order at 7:00 PM following the Pledge of Allegiance.
PUBLIC HEARING Z-1101 BY STONE RIDGE FARMS TO (A) CHANGE LAND USE
PLAN FROM LOW DENSITY TO COMMERCIAL ON PROPERTY LOCATED AT 1210
N. MILAM. AND (B) CHANGE ZONING FROM R-1 SINGLE FAMILY RESIDENTIAL
TO C-1 NEIGHBORHOOD COMMERCIAL - It was moved by Council Member Dooley,
seconded by Council Member Kirchdorfer, to recess the regular session and open the public hearing
on Request Z-1101 by Stone Ridge Farms for (A) a Land Use Plan change from Low Density
Residential to Commercial on property located at 1210 N. Milam St. and (B) a zoning change from R-1
single Family Residential to C-1 Commercial on said property. All voted in favor and the motion
carried.
The applicant was not present. It was moved by Council Member Dooley, seconded by Council
Member MacWithey, to adjourn the public hearing and reconvene the regular session. All voted in
favor and the motion carried.
RECEIVE RECOMMENDATION AND CONSIDER REOUEST Z-1101 - Based on the
recommendation of the Planning & Zoning Commission and the staff, it was moved by Council
Member MacWithey, seconded by Council Member Dooley, to deny Request Z-1 101. The vote was as
follows: AYE: Musselman, Dooley, Pearson, Kirchdorfer, and MacWithey. Motion carried.
2011 HOTEL OCCUPANCY TAX ALLOCATIONS - !twas moved by Council Member Dooley,
seconded by Council Member Pearson, to award the 2011 Hotel Occupancy Tax Requests as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Gillespie County Historical Society - Pioneer Museum - $125,000
Nimitz Foundation- $100,000
Gillespie County Fair and Festivals Association - $40,000
Fb. Theater Company - $30,000
Nimitz Foundation - Nauwald Building (Special Request) $25,000
Fbg Chamber of Commerce - NIOF - $8,500
Fbg Chamber of Commerce - St. Nikolaus Markt - $8,000
Hill Country Film Festival - $7,000 (contingent on receiving non-profit status)
Fbg Rotary Club - Wings Over the Hills - $5,000
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Boys & Girls Club - $5,000
Optimists - Hill Country Run - $5,000
Fbg Jaycees - Crawfish Festival- $5,000
Fbg. Jaycees - Tractor PUU - $5,000
4th of July Celebration - $4,000
Fbg. Art Guild - $3,000
Hill Country Antique Tractor & E ngine Club - $3,000
Fbg. Music Club - $3,000
Ignite - $2,600
Arion Men's Choir - $2,500
Fbg. Farmer's Market - $2,400
Knights of Columbus - $2,000
Die Kuenstler von Fredericksburg - $2,000
r\ friendly amendment to the motion was then made by Council Member MacWithey, accepted by
Council Member Dooley, that all organizations that have a website are required to have a link to the
Fredericksburg Convention & Visitors Bureau website. The vote was as follows: .\ YE: Musselman,
Dooley, Pearson, Kirchdorfer, and MacWithey. Motion carried
ORDINANCE BANNING TEXTING-WHILE-DRIVING WITHIN THE CITY LIMITS Council received a presentation from high school health occupation students Ashlyn Beckmann,
Victoria Burke, Jena Ottmers, and Alexis Schmidt regarding texting-while-driving. The HOSA
students requested that council adopt an ordinance making in unlawful for anyone to text while driving
It was moved by Council Member Pearson, seconded by Council Member MacWithey, to adopt an
ordinance banning texting-while-driving. The vote was as follows: AYE: Musselman, Dooley, Pearson,
Kirchdorfer, and MacWithey. Motion carried.
ORDINANCE NO. 21-001
AN ORDINANCE ADDING SECTION 44-40 (TRAFFIC AND MOTOR VEHICLES) TO THE
CODE OF ORDINANCES OF THE CITY OF FREDERICKSBURG, TEXAS PROHIBITING
THE USE OF A HAND-HELD COMMUNICATION TO VIEW, SEND, COMPOSE AN
ELECTRONIC MESSAGE OR OTHER INFORMATION OR ENGAGE IN ANY OTHER USE
OF THE DEVICE BESIDES TELEPHONE NUMBERS OR TALKING WHILE OPERATING
A MOVING MOTOR VEHICLE, AND PROVIDING FOR PENALTIES, PARTIAL
INVALIDITY, AND INCONSISTENT PROVISIONS AND ESTABLISHING AN EFFECTIVE
DATE. (Ordinance Book)
RESOLUTION ADOPTING WATER CONSERVATION PLAN FOR THE CITY OF
FREDERICKSBURG - Craig Wallendorf, Director of Public Works and Utilities, presented council
with a Water Conservation Plan in conformance with the rules governing water conservation plans as
set forth by the Texas Commission on Environmental Quality (rCEQ) Title 30, Texas Administrative
Code (rAC), and the Texas Water Development Board (fWDB). It was moved by Council Member
The vote was as follows: AYE: Musselman, Dooley, Pearson, Kirchdorfer, and MacWithey. Motion
carried.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF FRED ERICKSBURG, TEXAS, ADOPTING A
WATER CONSERVATION PLAN FOR THE CITY OF FREDERICKSBURG, TEXAS, AND
L\uTHORIZING SUBMISSION OF THE PLAN TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AND THE TEXAS WATER DEVELOPMENT BOARD;
PROVIDING FOR EFFECTIVE DATE AND OTHER RELATED MA TIERS.
WHEREAS, the City of Fredericksburg operates a public water supply system having more than 3,300
customers connections, and
WHEREAS, state law requires all cities having at least 3,300 water connections to submit a Water
Conservation Plan to the Texas Commission on Environmental Quality and the Texas Water
Development Board;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FREDERICKSBURG, TEXAS:
Section 1.
The attached Water Conservation Plan for the City of Fredericksburg is hereby adopted.
The Director of Public Works is authorized and directed to submit the plan to TCEQ
and the TWDB and to such other agencies as may be required by law.
Section 2.
The Water Conservation Plan and appropriate ordinances providing for endorsement
shall be reviewed, updated, and amended from time to time as appropriate to take into
account changes in laws, regulations, or the conditions.
Section 3.
This resolution shall be immediately effective upon adoption.
/s/ Torn Musselman. Mayor
Attest: /s/ Shelley Britton, City Secreta!J
PARK FACILITIES RATE ADJUSTMENTS -Jimmy Alexander, Director of Parks and Recreation,
presented a park facilities rate comparison for council's consideration. It was moved by Council
Member Dooley, seconded by Council Member MacWithey, to adjust the camping rates to $30/day,
$395 monthly, with a review in three years. The vote was as follows: AYE: Musselman, Dooley,
Pearson, Kirchdorfer, and MacWithey. Motion carried.
PUBLIC COMMENT - Frank Schmidt commented on the benefits of run-off.
COUNCIL COMMENT - Council Member Kirchdorfer reported that he would not be running for
election.
EXECUTIVE SESSION - At 8:30 PM, Council Member Dooley made a motion to recess the regular
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session and go into Executive Session. Council Member MacWithey seconded the motion, and the
motion carried. At 9:05 PM, Council Member Dooley made a motion to adjourn the Executive Session
and reconvene the regular session. Council Member Kirchdorfer, the motion carried.
Following Executive Session, the following action was taken:
PERSONNEL AND CONSULTATION WITH ATTORNEY, CITY ATTORNEY
PERSONNEL - No action taken.
With no further discussion, Council Member MacWithey made a motion to adjourn the meeting at 9:06
PM. Council Member Dooley seconded the motion. Motion carried.
PASSED AND APPROVED this the 5th day of July ,2011.
TOM MUSSELMAN, MAYOR
SHELLEY BRITION, CITY SECRETARY
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STATE OF TEXAS
COUNTY OF GILLESPIE
CITY OF FREDERICKSBURG
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SPECIAL CITY COUNCIL MEETING
FEBRUARY 23, 2011
3:15 PM
On this the 23'" day of February, 2011, 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
GRAHAM PEARSON - COUNCIL MEMBER
TIM DOOLEY - COUNCIL MEMBER
BJORN KIRCHDORFER - COUNCIL MEMBER
ABSENT:
KEVIN MACWlTHEY - COUNCIL MEMBER
ALSO PRESENT:
GARY NEFFENDORF - CITY MANAGER
PAT McGOWAN - CITY ATIORNEY
BRAD KOTI - DIR OF FINANCE
CRAIG WALLENDORF - D.P.W.U.
LEE STUBBLEFIELD - ELECTRIC SUPT..
The meeting was called to order at 3:15 PM.
LEASE-PURCHASE FINANCING FOR EOUIPMENT AND RELATED DOCUMENTS
It was moved by Council Member Dooley, seconded by Council Member Pearson, to award the leasepurchase financing for equipment to Houston Community Bank and to authorize city manager Gary
Neffendorf to sign the lease documents . The vote was as follows: AYE: Musselman, Pearson, Dooley,
and Kirchdorfer; motion carried.
EXECUTIVE SESSION - At 3:15 PM, Council Member Dooley a motion to recess the regular
session and go into Executive Session concerning confidential electric matters and consultation with
attorney. Council Member Kirchdorfer seconded the motion, and the motion carried. At 4:20 PM,
Council Member Dooley made a motion to adjourn the Executive Session and reconvene the regular
session. Council Member Kirchdorfer, the motion carried.
Following Executive Session, the following action was taken:
INITIAL NOTICE TO LCRA REGARDING ELECTRIC ENERGY REOUIREMENTS OF
LCRA WHOLESALE POWER AGREEMENT - It was moved by Council Member Dooley,
seconded by Council Member Kirchdorfer, to proceed with notification to LCRA that the city intends
to purchase 10% of its power from someone other than LCRA, effective June 25, 2011, for a period
of two years. The vote was as follows: AYE: Musselman, Pearson, Dooley, and Kirchdorfer; motion
carried.
With no further business, Council Member Dooley made a motion to adjourn the meeting at 7:30 PM.
Council Member Kirchdorfer seconded the motion. Motion carried.
PASSED AND APPROVED this the 5th day of July, 2011.
SHELLEY BRITION, CITY SECRETARY
TOM MUSSELMAN, MAYOR
June 30, 2011
Memorandum regarding
Lady Bird Johnson Golf Course
Pump Station Improvements
On this date a public bid opening was held. The apparent low bidder was New Valley
Sandblasting with an apparent low bid of$157,000.00 with alternates totaling $53,500.00. The
City will begin preparing contract documents for the construction and issue a notice to proceed
when all contracts are completed and signed.
S~:
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Assistant City Engineer
City ofFredericksburg, TX
The City of Fredericksburg
126 W. Main St.· Fredericksburg, Texas 78624-3708· (830) 997-7521· Fax (830) 997-1861
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Bid Item
1
2
3
4
5
6
$
Associated Construction Partners
$
$
$
$
93,000.00
25,000.00
12,000.00
15,000.00
9,000.00
3,000.00
$
$
$
$
$
$
160,000.00
9,000.00
9,300.00
63,640.00
26,400.00
3,000.00
$
$
$
$
$
$
110,000.00
65,000.00
7,500.00
10,000.00
20,000.00
10,000.00
Total Bid
$
157,000.00
$
271,340.00
$
222,500.00
Alt 1
Total wi Altl
$
$
35,000.00
192,000.00
$
$
271,340.00
$
$
20,000.00
242,500.00
$
18,500.00
$
22,600.00
$
20,000.00
Total wi AIt2
$
175,500.00
$
293,940.00
$
242,500.00
Total All
$
210,500.00
$
293,940.00
$
262,500.00
Alt2
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Lady Bird Johnson Golf Course Pump Station Improvements
New Valley SandblastingHE,Inc
$
"Apparenl Low Bidder