City of Fredericksburg City Council Regular Meeting Agenda Tuesday, February 17, 2026 ~ 9:00 AM New City Hall at East Campus 2818 E. U.S. Hwy. 290 Fredericksburg, Texas 78624 Jeryl Hoover, Mayor Tony Klein, Councilmember Emily Kirchner, Mayor Pro-Tem Todd Eidson, Councilmember Bobby Watson, Councilmember Clinton Bailey, City Manager The City of Fredericksburg City Council will meet in a regular session on February 17, 2026, at 9:00 am. The meeting will be live-streamed & available for re-watch on the City's website: fredericksburgtx.portal.civicclerk.com. The City Council welcomes citizen participation and comments at all City Council Meetings on Agenda Items. Comment Card for Written or Verbal Comments-submitted by 4 p.m. the day before the meeting. i. Complete the Comment Card online at FBGTX.org; ii. Make sure to check the appropriate box (verbal or written); iii. Only one agenda item per Comment Card. Sign up in person between 8:30 a.m. and 9:00 a.m. at the meeting location. i. Only one agenda item per Comment Card; ii. Speakers will be limited to three minutes to speak. Please Note: The Mayor can reduce the number of minutes for any speaker during Public Comment on a single agenda item depending on the number of people who sign up for it. iii. Any citizen with handouts should provide them to the City Secretary before speaking. If you wish the City Council to receive your handouts for the meeting, please provide 10 copies; if not, the City Council will receive your handouts the following day. NOTE: The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for discussion. An announcement will be made on the basis of the Executive Session discussion. The City Council may also publicly discuss any item listed on the agenda for the Executive Session. Attendance By Other Elected or Appointed Officials: It is anticipated that the Planning & Zoning Commission, Historic Review Board, and Zoning Board of Adjustment members may attend the City Council Meeting at the date and time above in numbers that may constitute a quorum. Notice is hereby given that at the City Council Meeting at the date and time above, no Board or Commission action will be taken by such in attendance unless such item and action are specifically provided on a separate agenda posted subject to the Texas Open Meeting Act. City Council Regular Meeting Agenda February 17, 2026 Page 1 of 115 1. CALL TO ORDER - Mayor Jeryl Hoover. 2. INVOCATION - City Resident Janice Smith, will deliver the Invocation. 3. PLEDGES OF ALLEGIANCE - Mayor Jeryl Hoover will lead the Pledges. 4. CEREMONIAL MATTERS/EMPLOYEE RECOGNITION A. Recognition of Evelyn Weinheimer's Retirement and Service to the Gillespie County Historical Society. (Mayor Hoover) B. Recognition of The Hill Country Red Cross and United Methodist Church for their Partnership during Winter Storm Fern. (Lynn Bizzell, Fire Chief & Ashley Morris, EMC) 5. COUNCIL COMMENTS 6. CONSENT THE FOLLOWING ITEMS MAY BE ACTED UPON IN A SINGLE MOTION. NO SEPARATE DISCUSSION OR ACTION ON ANY OF THESE ITEMS WILL BE HELD UNLESS PULLED AT THE REQUEST OF A MEMBER OF THE CITY COUNCIL. A. Consider approval of the Minutes of the City Council Regular Meeting of February 3, 2026. (Leticia Vacek, City Secretary) 7. ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS A. Request Z-2522: By Judy K Feller, to Consider the Following: (Cliff Cross, Director of Development Services) A Zoning Change from Single-Family Residential (R1) to Commercial (C2) for Property Located at 707 N. Milam Street. i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action - Approve Ordinance 2026-07 for the Zoning Change B. Request Z-2523: By P.V. McMinn with Nuvista Development LLC, to consider a Conditional Use Permit per Sec. 3.200 for a Townhome Use for Property Located at 1032 South Milam Street. (Cliff Cross, Director of Development Services) i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action - Approve Ordinance 2026-08 for the Conditional Use Permit (CUP) C. Request Z-2602: Proposed text amendments to the City's Zoning Code Regarding The Reapplication Timeline for Zoning Amendments and Conditional Use Permits. The proposed text amendments are for section 5.270 (Action by the City Council) and Section 5.470 (Actions by the City Council). (Cliff Cross, Director of Development Services) i Presentation by the Staff ii Hold Public Hearing iii Take Action - Approve Ordinance 2026-09 for the Text Amendment City Council Regular Meeting Agenda February 17, 2026 Page 2 of 115 D. Consideration and Possible action on Budget Amendment (Ordinance 2026-06) relating to a Request from the Market Square Redevelopment Commission (MSRC) for Use of Unallocated Funds for the Glockenspiel Project (Tim Crenwelge, MSRC Chair) - To be considered after Council action on Item 8B. 8. OTHER ACTION ITEMS AND UPDATES A. Consider approval of an Operating Agreement with the Texas Historical Commission Relating to City-Owned Property Near the Intersection of US 290E and Heritage Hills Drive, formerly referred to as the Former Texas Rangers Heritage Center (Chris Elliott, Texas Historical Commission) B. Consider approval of an Agreement between the City of Fredericksburg and the Pedernales Creative Arts Alliance (PCAA) for Design and Construction of a Glockenspiel at Marktplatz (Mike Zenner, PCAA) C. Consider approval of the Contract with the Gillespie County Elections Administrator for Joint Election Services for the City of Fredericksburg's General Election to be held on May 2, 2026. (Leticia Vacek, City Secretary) D. Consider selection and approval of Kimley Horn to assist the City in the development of a Unified Development Code and authorizing the City Manager to negotiate a professional services contract up to $175,000.00 for the initial phase of the project. (Cliff Cross, Director of Development Services) 9. CITY MANAGER’S REPORT 10. ITEMS FOR FUTURE AGENDA A. City Manager Bailey will review the Future Agenda Items List with the City Council. 11. ADJOURN CERTIFICATION This is to certify that I, Leticia Vacek, posted this Agenda at 3:00 pm. on February 10, 2026, on the bulletin board of the City of Fredericksburg City Hall, 126 W. Main St., Fredericksburg, Texas. Leticia Vacek Leticia Vacek, TRMC/CMC/MMC City Secretary City Council Regular Meeting Agenda February 17, 2026 Page 3 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Secretary TO: Mayor & City Council Members FROM: MEETING DATE: February 17, 2026 CATEGORY: CEREMONIAL MATTERS/EMPLOYEE RECOGNITION CAPTION: Recognition of Evelyn Weinheimer's Retirement and Service to the Gillespie County Historical Society. (Mayor Hoover) SUMMARY: BACKGROUND: FUNDING SOURCE: FINANCIAL IMPACT: STAFF RECOMMENDATION: COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Workforce Tourism City Center Mobility Small Town Sensitive Growth Governance ATTACHMENTS: None APPROVAL/REVIEW: Date: February 09, 2026 Leticia Vacek, City Secretary Page 4 of 115 Date: February 10, 2026 Clinton Bailey, City Manager Page 5 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Secretary TO: Mayor & City Council Members FROM: MEETING DATE: February 17, 2026 CATEGORY: CEREMONIAL MATTERS/EMPLOYEE RECOGNITION CAPTION: Recognition of The Hill Country Red Cross and United Methodist Church for their Partnership during Winter Storm Fern. (Lynn Bizzell, Fire Chief & Ashley Morris, EMC) SUMMARY: BACKGROUND: FUNDING SOURCE: FINANCIAL IMPACT: STAFF RECOMMENDATION: COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Workforce Tourism City Center Mobility Small Town Sensitive Growth Governance ATTACHMENTS: None APPROVAL/REVIEW: Date: February 09, 2026 Leticia Vacek, City Secretary Page 6 of 115 Date: February 10, 2026 Clinton Bailey, City Manager Page 7 of 115Page 8 of 115Page 9 of 115Page 10 of 115Page 11 of 115Page 12 of 115Page 13 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: Development Services TO: Mayor & City Council Members FROM: Cliff Cross, Director of Development Services MEETING DATE: February 17, 2026 CATEGORY: ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS CAPTION: Request Z-2522: By Judy K Feller, to Consider the Following: (Cliff Cross, Director of Development Services) A Zoning Change from Single-Family Residential (R1) to Commercial (C2) for Property Located at 707 N. Milam Street. i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action - Approve Ordinance 2026-07 for the Zoning Change SUMMARY: The applicant has submitted a Land Use and Zoning Change request for approximately .49 acres (21,475 sq. ft) of land located at 707 N. Milam Street. The applicant is requesting a Land Use Change to Commercial (C) (General Commercial Place Type) and a zoning change from R1, Single-Family Residential to C2, Commercial. BACKGROUND: The surrounding properties include C1- Neighborhood Commercial to the north and R1 Single- Family Residential to the South, East and West. The property is currently zoned R1, Single-Family Residential and permits uses by right and upon the issuance of a conditional use permit, some of the mixture and intensity of use types include the following: Single Family Residential (Detached) Local Utility Service Short-term Rental, Accessory: (With a STR permit and Short-term Rental, B & B: (With a STR permit and adherence to Chapter 20, Article VII) adherence to Chapter 20, Article VII) Uses Permitted Subject To Conditional Use Permit The following uses may be permitted subject to a Conditional Use Permit as provided in Section 5.400. Community Recreation Private Secondary Educational Facilities Day Care Services Private Secondary Educational Facilities Guidance Services Religious Assembly It is the desire of the applicant to obtain a C2, Commercial Zoning classification and Sec. 3.210 - C2, Commercial speaks to the development standards allowed below: Page 14 of 115Sec. 3.210 - C2: Commercial speaks to the development standards allowed in C2 and includes the following uses permitted by right: Administrative and Business Office Agricultural Sales and Services Arts and Crafts Automotive Rentals Automotive Repair Services Automotive Sales Automotive Washing Building Maintenance Services Business or Trade School Business Support Services Club or Lodge Cocktail Lounge Commercial Off-Street Parking Communication Services Construction Sales and Services Consumer Convenience Services Consumer Repair Services Page 15 of 115Convalescent Services Convenience Store/Self Serve Gas Cultural Services Custom Manufacturing Day Care Services Equipment Repair Services Equipment Sales Exterminating Services Financial Services Food Sales Funeral Services Group Residential Single Family Residential (detached) if structure was not used as other than residential in its most recent use General Retail Sales Guidance Services Hotel/Motel Horticulture Hospital Services (Limited) Page 16 of 115Indoor Entertainment Indoor Sports and Recreation Kennels Laundry Services Liquor Sales Local Utility Services Maintenance and Service Facilities Medical Offices Mobile Food Establishments, but not in any right-of-way or public easement Multiple Family Residential Outdoor Entertainment Outdoor Sports and Recreation Pawn Shop Services Personal Improvement Services Personal Services Pet Services Private Primary Educational Facilities Private Secondary Educational Facilities Page 17 of 115 Professional Offices Religious Assembly Research Services Restaurant - Drive-In/Fast Food Restaurant Service Station Veterinary Services Short-term Rental, Unoccupied: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, Accessory: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, B & B: (With a STR permit and adherence to Chapter 20, Article VII) Short-term Rental, Facility: (With a STR permit and adherence to Chapter 20, Article VII) Corporate Housing (Chapter 20, Article VII) with the following uses permitted subject to an approved Conditional Use Permit (CUP): Camp Grounds Condominiums (Section 7.610) Convenience Storage Drive through facilities associated with any use Page 18 of 115 Single Family Residential (detached)- new construction or after cessation of use other than residential Duplex Residential Condominium Residential(section 7.610) Single Family Residential (Detached) Townhouse Residential (section 7.610) Transportation Terminals The 2024 Comprehensive Plan identifies the subject property as a future Place Type of Mixed-Use Community / Corridor which is envisioned to provide flexibility towards development and preference for complete neighborhoods with integrated commercial and residential uses. Appropriate existing zoning districts would include R2, R3, R5, NC, C, M3, MU1, MU2 Notice of Public Hearing Response: As part of the Public Hearing process, staff must notify property owners that own property within 200 ft of the subject property. Staff received one protest letter prior to the February 4, 2026 public hearing. Two residents spoke in favor of the request at the public hearing. FUNDING SOURCE: NA FINANCIAL IMPACT: NA STAFF RECOMMENDATION: Staff reviewed the request and the proposed application requesting the land use and zoning change. In reviewing the request, the Comprehensive Plan has classified the subject property as a Mixed-Use Community / Corridor place type. Per the "Intent And Character" section of the plan, "Within a small geographic area, different land uses can be side by side or within the same building. These places tend to be bustling and diverse, with a sense of place. Mixed-Use Communities or Corridors can serve a large region, while others can serve local residents. The functions and characteristics of both concepts are generally the same, with variations in the size of their service areas and intensity of development". Although the specific place type designation request is not specifically identified for this property, the trend of development and surrounding underlying zoning districts provide for the ability to establish professional office and less intense commercial uses. Furthermore, the current Mixed-Use Community / Corridor Place Type identifies the Commercial (C2) zoning as an appropriate zoning classification. In addition, the current Mixed-Use Community / Corridor Place Type identifies additional appropriate underlying districts that would better fit the trend of development throughout the general area. Staff did not recommend approval of a Land Use/Place Type Change from the current Mixed-Use Community / Corridor Place Type) to a General Commercial Place Type and only recommended approval of the rezoning from Single-Family Residential (R1) to Neighborhood Commercial (C1) for Property Located at 3707 N. Milam Street. The Planning and Zoning Commission recommended denial of the rezoning request based upon concerns of spot zoning and neighborhood compatibility. Action of the City Council would require a 3/4 favorable vote for approval. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Page 19 of 115Small Town Sensitive Growth Governance ATTACHMENTS: 1. 707 N Milam 200 foot Map 2. 707 Milam Land Use 3. 707 N. Milam Place Type.mxd 4. 707 N. Milam Zoning 5. Z-2522_707 N MILAM_ZONING_LAND USE CHANGE_Redacted 6. Z-2522_ PROTEST LETTER - PEHL 7. Ordinance 2026-07 Zoning for 707 N Milam With Exhibit APPROVAL/REVIEW: Date: February 09, 2026 Cliff Cross, Director of Development Services Date: February 09, 2026 Garret Bonn, Assistant City Manager Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 20 of 115 806 809 801 804 812 903 807 810 901 802 805 808 W H A 332 707 C K 803 B E R R 806 T Y S S T M 330 705 801 A 337 710 IL 804 T M S N N 335 A C E P 402 706 333 709 805 331 707 704 W 805 M 329 O 330 708 R S E 327 705 S 702 T 328 326 327 703 706 324 806 701 704 707 322 315 404 702 320 402 705 T S M 402 L 311 E 701 318 610 309 314 608 312 307 607 310 604 305 315 308 W C E 710 313 N TR E 306 S 601 T 706 304 309 704 W C 314 O I! LL 307 E E 702 G G 312 N E A S R T T S 319 305 O 1 inch = 125 feet 310 N 315 608 610 224 FIGURE 1 LEGEND City of Fredericksburg 200 Foot Buffer Radius Z-2522 707 N. Milam Street GCAD Parcels Page 21 of 115 802 805 810 815 333 705 808 813 803 811 816 905 806 331 801 809 903 812 708 804 T 329 S 807 N 810 O 901 IS 802 D 805 332 E T 706 N 707 808 S M 330 803 A W 806 L H I A 704 M C T K 705 S B 801 N 337 E 328 710 N R A 804 R C Y E S P 335 T 703 402 326 706 709 333 805 324 701 331 704 707 W M 805 329 O 327 R 330 708 S E 327 702 705 S 325 T 328 327 325 706 326 609 703 806 324 806 701 323 704 707 410 322 315 T S M 320 L 805 702 E 404 402 705 408 402 311 318 608 701 610 406 608 309 316 314 312 307 604 607 310 312 305 404 315 W 308 C E N 710 602 313 TR E 306 403 S 601 T 706 W C O T LL S 709 E 304 E 508 G 309 E G S N T 704 A R 707 314 O 307 N 702 506 312 319 310 305 224 315 610 222 LEGEND GCAD Parcels Low Density Residential Landuse Medium Density Residential I! LANDUSE Mixed Use Corridor Parks & Open Space Downtown Central Business District Public / Semi-Public Uptown Central Business District Rural Commercial Center Commercial Employment Center FUTURE ROW High Density Residential FIGURE 1 Industrial City of Fredericksburg Z-2522 - 707 N. Milam Street Page 22 of 115 T 812 815 817 818 404 906 329 327 802 S 805 904 T 808 813 816 402 332 E 330 S 803 402 N 814 U 809 328 S 806 817 W 708 801 B 812 U 807 R 326 804 B 818 335 A 815 N 810 K 333 S 802 805 T T 324 S 813 808 N A 816 905 T 803 C 705 S E 811 331 322 P T N 806 S 903 O 329 IS 801 809 812 M 708 D A E 804 807 IL 327 N 901 810 M 703 N 325 802 805 332 706 707 808 803 330 323 704 806 705 328 710 801 337 902 804 W 702 H 335 A 321 C 326 703 K B 402 E 706 333 R 709 805 R 324 Y 701 S 331 329 T 322 704 707 W 330 M 805 O 327 608 708 R S 327 702 705 E 325 S 328 T 318 T 325 S 606 326 327 M 703 706 L 609 E 324 806 806 323 701 704 707 607 322 315 410 317 702 320 805 605 404 313 402 705 402 311 318 311 408 608 701 610 316 309 608 309 406 314 312 312 307 307 604 607 310 305 404 315 308 407 308 W 710 602 313 C E 306 601 N 306 403 TR 706 E S T W T 709 508 C 309 304 S O E LL G E 704 N G A E R 707 S 314 221 506 T 307 O 702 N 219 505 312 305 319 224 217 504 222 310 608 610 315 222 220 505 308 608 215 502 306 218 213 501 320 313 225 214 318 316 311 309 606 212 LEGEND GCAD Parcels Place_Type I! MU GC HSD IND MDR FIGURE 1 MU NR City of Fredericksburg PARK RR Z-2522 -707 N. Milam Street Page 23 of 115602 R1 803 805 808 810 815 816 410 407 R1 1004 326 809 814 408 405 1002 331 329 801 806 817 406 906 807 404 812 R1 327 R1 818 C1 805 815 R1 R1 R1 402 332 325 802 T 904 R1 S 813 816 707 808 N 330 323 T 803 O 402 R1 S IS 809 814 328 R1 T 806 D 817 E E 705 708 S 801 321 N 812 326 N 804 R1 R1 U 807 818 335 S 815 W 324 319 810 T T B 706 802 S U 805 S 333 R 322 N 813 B 808 A 816 M 905 A C A N 803 E 811 331 K 320 705 P IL S 704 806 T R1 801 809 812 M 903 329 708 804 N 702 807 810 C1 327 703 R1 901 R1 318 802 805 332 325 706 707 808 701 803 330 323 704 806 801 328 705 337 902 T 321 R1 710 804 S 702 M 335 L 703 326 E 317 505 402 W 706 333 H 315 709 805 A 324 C 503 701 K R1 R1 331 B 322 315 707 R1 W 329 E 704 R M 805 R 708 O 330 327 Y 311 R1 608 R 318 705 S R1 327 325 S 702 E 328 T 606 S T 326 327 325 314 609 703 R1 706 806 806 323 604 324 701 704 707 312 607 322 315 502 410 317 702 320 805 308 605 311 404 402 705 313 410 402 318 608 311 309 307 408 R1 610 701 413 R1 316 R1 608 309 411 406 314 312 307 312 301 604 607 310 409 305 404 308 315 308 407 W R1 C 710 306 602 313 E 306 804 R1 N 601 T 508 W R 706 E 403 C S T 802 O T S 709 508 LL 304 R1 E 309 E R1 G G 506 C1 E R1 704 N S A 707 212 T R 221 506 314 O 307 210 504 C1 702 N 219 505 312 305 217 319 224 222 R1 504 608 R1 315 310 610 215 222 220 C1 505 213 502 308 608 R2 R2 R1 R1 218 211 405 501 306 320 318 313 225 214 207 311 606 212 408 C1 316 309 409 R2 314 307 302 604 603 R1 223 208 205 LEGEND GCAD Parcels PF - Public Facilities I! Zoning PUD - Planned Unit Development ZONED R1 - Single Family Residential R1A - Single Family Residential - Small Lot C1 - Neighborhood Commercial R2 - Mixed Residential C1.5 - Medium Commercial R3 - Multi-Family Residential C2 - Commercial R4 - Manufactured Home Residential CBD - Central Business District R5 - Patio Home Residential M1 - Light Manufacturing M2 - Medium Manufacturing FIGURE 1 M3 - Industrial Park OS - Open Space City of Fredericksburg Z-2522 - 707 N. Milam Street Page 24 of 115Page 25 of 115Page 26 of 115Page 27 of 115Page 28 of 115Page 29 of 115Page 30 of 115Page 31 of 115Page 32 of 115 ORDINANCE NO. 2 0 2 6 - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY AND CHANGING THE ZONING DISTRICT AS TO .493 ACRES LOCATED AT 707 N. MILAM STREET AND MORE FULLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE CITY OF FREDERICKSBURG, GILLESPIE COUNTY TEXAS, BEING PART OF OUTLOT NO. 286 AS SAID OUTLOT IS SHOWN IN THE MAP OF FEDERICKSBURG, TEXAS, AND ENVIRONS BY THE GERMAN EMIGRATION COMPANY; CHANGING SAID PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R1) TO COMMERCIAL (C2); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fredericksburg, Texas (the "City"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City heretofore adopted the Zoning Ordinance of the City, as amended, which ordinance regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and, WHEREAS, in accordance with the Zoning Ordinance an application for rezoning has been submitted for the lot REFERRED TO AS BEING A TRACT OF LAND SITUATED IN THE CITY OF FREDERICKSBURG, GILLESPIE COUNTY TEXAS, BEING PART OF OUTLOT NO. 286 AS SAID OUTLOT IS SHOWN IN THE MAP OF FREDERICKSBURG, TEXAS, AND ENVIRONS BY THE GERMAN EMIGRATION COMPANY;, to change the zoning district of said lot from SINGLE FAMILY RESIDENTIAL (R1) to COMMERCIAL (C2); and WHEREAS, public hearings before the Planning and Zoning Commission and the City Council of the City of Fredericksburg have been duly noticed and held regarding such application, as required by the City of Fredericksburg Zoning Ordinance; 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 Page 33 of 115 WHEREAS, the City Council has specifically found, following public hearing, that such change is consistent with the objectives of the City of Fredericksburg Zoning Ordinance and Comprehensive Land Use Plan of the City of Fredericksburg and 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. Appendix B, “Zoning Ordinance,” of the City of Fredericksburg Code of Ordinances is hereby amended on the hereinafter described property and area to incorporate the certain change in zoning district as follows: All of those certain lots, tracts or parcels of land situated in the City of Fredericksburg, Gillespie County, Texas, said lots being described REFERRED TO AS BEING A TRACT OF LAND SITUATED IN THE CITY OF FREDERICKSBURG, GILLESPIE COUNTY TEXAS, BEING PART OF OUTLOT NO. 286 AS SAID OUTLOT IS SHOWN IN THE MAP OF FREDERICKSBURG, TEXAS, AND ENVIRONS BY THE GERMAN EMIGRATION COMPANY;, and as additionally described by the legal description attached hereto as Exhibit A, to be and are hereby zoned and designated COMMERCIAL (C2). Section 2. All references in City of Fredericksburg Code of Ordinances to the Zoning Ordinance shall henceforth refer to such as is amended hereby. Section 3. The City Secretary is hereby directed to amend the official zoning map of the to reflect the changes in use approved herein. Section 4. This Ordinance shall be cumulative of all other ordinances of the City of Fredericksburg affecting zoning and land use, as amended, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this Ordinance. Section 5. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance may be subjected to such civil penalties as authorized by law. Page 34 of 115 Section 6. All rights or remedies of the City are expressly saved as to any and all violations of Appendix B of the Fredericksburg Municipal Code, as amended, or any other ordinance affecting zoning and land use that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. Section 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 8. The City Secretary of the City of Fredericksburg is hereby directed to publish in the official newspaper of the City the caption and penalty clause of this Ordinance as required by law. Section 9. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. th PASSED AND APPROVED on this the 17 day of February, 2026. Jeryl Hoover, Mayor ATTEST: Letty Vacek, City Secretary Page 35 of 115APPROVED AS TO FORM: Mick McKamie, City Attorney Page 36 of 115Exhibit A Page 37 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: Development Services TO: Mayor & City Council Members FROM: Cliff Cross, Director of Development Services MEETING DATE: February 17, 2026 CATEGORY: ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS CAPTION: Request Z-2523: By P.V. McMinn with Nuvista Development LLC, to consider a Conditional Use Permit per Sec. 3.200 for a Townhome Use for Property Located at 1032 South Milam Street. (Cliff Cross, Director of Development Services) i Presentation by the Applicant ii Presentation by the Staff iii Hold Public Hearing iv Take Action - Approve Ordinance 2026-08 for the Conditional Use Permit (CUP) SUMMARY: This development previously obtained a Conditional Use Permit for Condominiums and Townhomes in 2021 with conditions that included the requirement to obtain a Subdivision Waiver for the length of Crestview Circle, approval of a Site Plan and Plat, and the addition of sidewalks to connect the residential uses to commercial uses as well as review of the existing residence to determine historical significance. As the development did not start construction within 2 years as required by Sec. 5.481, the Conditional Use Permit has expired. The applicant has since returned and submitted a Site Plan and Conditional Use Permit application requesting permission to construct a mixed-use development that would include Condominiums and Townhomes. . The original proposed development included two lots, Lot 1R-2 focused on the development of Condominiums to include 32 units in 4, 2-story buildings totaling 32,000 sq ft. The Residential Condominiums would have provided amenities such as a tennis court, community center and pool as well as covered parking. In addition, a Professional Office building is proposed on the eastern portion of the lot. Lot 1R-1 focused on the development of Townhomes to include 21 lots as well as a 11,600 sq ft, 2-story, Professional Office Building as well as the existing residence, which appears to have a square footage of 4,989 but the height of the structure was unknown. The original proposal was presented to the Planning & Zoning Committee as well as City Council for multiple public hearings. City Council deferred and ultimately denied the application in November 2025. Therefore, the application is back before the Planning and Zoning Committee to reconsider a new request that would include a proposed development that would result in the creation of 3 lots totaling approximately 14.25 Acres. This request is for the development of a 19-Unit Townhome Development on Lot 1R-1A. As a result, of the creation of the out lots, the proposed Conditional Use Permit would only apply to Lot 1R-1A which is proposing the 19-Unit Townhome Development. Page 38 of 115BACKGROUND: Lot 1R-1A Development Review Site Area: 4.87 Acres - 212,150 sq ft Zoning: C1, Neighborhood Commercial Building Coverage: 43% Proposed (50,800 sq ft) 55%/116,683 (Maximum) Impervious Coverage: 55% Proposed (116,778 sq ft) 70% Maximum (148,505 sq ft) Heights: 1 Story (16 ft) and 2 Stories (32 ft) - 3-Story Maximum (Maximum Building Height 3-stories / 38 feet) Access: Lot 1R-1A does not have its own acces, rather it shares 1 access point onto Keller Crossing Drive. and is a 46 ft-wide road called Highland Boulevard. Individual Townhome lots will have direct access to Crestview Circle along a 495 foot Cul-de-sac street. Parking: 2 spaces per unit is required for the Townhome use (plus 2 spaces per unit if insufficient R.O.W exists to allow on-street parking), resulting in 76 required spaces. In reviewing the required number of spaces for the 19 townhomes staff verified the required parking ratio is 2 spaces per dwelling unit plus 2 spaces per insufficient ROW if it exists. As a result, the total townhome development would require 4 spaces per unit, totaling 76 spaces. It is staffs understanding that each unit provides 4 onsite spaces meeting that requirement. As a result, no on-street (ROW) parking would be required to meet this requirement. The applicant has identified that additional parallel offsite spaces are available. Landscape and Screening: Plans are required per Sec. 7.920 and should include One (1) tree per 75 LF required. Off-street parking should have ten (10) sq ft of interior landscaping for each parking space. A strip of land at least five (5) ft in depth located between the abutting right-of-way and the off-street parking areas or other vehicular area which is exposed to an abutting right-of-way shall be landscaped and include one (1) tree for each fifty (50) LF. In addition, a hedge wall, or other durable landscape barrier, of at least two (2) feet in height, shall be placed along the perimeter. Screening along the perimeter of the property is required per Sec. 7.940 (property line to the West) and screening of the dumpster is required per Sec. 7.980 Public Hearing: As part of the Public Hearing process, staff must notify all property owners who own property within 200 ft of the subject tract. Staff sent notices to property owners within 400 feet of the request which included previous neighborhood associations expressing interest in the proposal. Sec. 5.460 - Review and Evaluation Criteria for Conditional Use Permits. Contains 13 items that must be considered when reviewing a Conditional Use Permit. please see the following: Conformance with applicable regulations and standards established by the Zoning Regulations. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, access and circulation features. Potentially unfavorable affects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site for a permitted use. Modifications (including variance from property development regulations) to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, morals and general welfare. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area; existing zoning and land uses in the area. Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards and impacts. Page 39 of 115 Location, lighting, and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties. Adequacy and convenience of off-street parking and loading facilities. Determination that the proposed use is in accordance with the objectives of these Zoning Regulations and the purposes of the zone in which the site is located. Determination that the proposed use will comply with each of the applicable provisions of these Zoning Regulations. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 2024 Comprehensive Plan In 2024 the City of Fredericksburg adopted a new Comprehensive Plan that provides direction for requested development. This document speaks specifically to 7 items including Mobility and Small-Town Sensitive Growth. In reviewing Mobility, guiding principles and strategies are provided to ensure the safety of vehicular, bicycle and pedestrian connectivity. Recommendations include complete streets (sidewalks, bicycle lanes and typical roadway) to promote safer mobility for all users, as well as transportation improvements which prioritize the safety, comfort, and connectivity of pedestrians and cyclists and ensure ADA accessibility for the entire community. FUNDING SOURCE: NA FINANCIAL IMPACT: NA STAFF RECOMMENDATION: In reviewing the application, the staff reviewed and referenced the C1 zoning ordinance, Conditional Use Permit Review and Evaluation Criteria, individual Townhome Developments as well as the Comprehensive Plan. As part of our review, staff believes the development, as proposed, would provide for safe internal pedestrian and vehicular traffic. In addition, staff previously approached the HRB with the applicable concerns pertaining to the existing structure on the property. In initial discussions and evaluation, the staff's understanding is that although it is an old structure, there has been no determination of historical significance. Furthermore, as the purpose of the Conditional Use Permit process is to encourage broad public review and evaluation of site development features and operating characteristics in order to ensure adequate mitigation of potentially unfavorable impacts, staff could only recommend approval of the Conditional Use Permit if potential unfavorable impacts have been addressed. In reviewing the request, and evaluating all potential concerns and potential impacts, staff recommends approval of the proposed Conditional Use Permit contingent upon prior application conditions being incorporated within the approval. The Planning & Zoning Commission considered this request and no formal recommendation to approve or deny the request was obtained. As a result, there is no formal recommendation for approval or denial from the Planning and Zoning Commission. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Mobility Page 40 of 115Small Town Sensitive Growth Governance ATTACHMENTS: 1. 1032 S Milam Notice Map 2. Keller Oaks Zoning Map 3. Z-2523_1032 South Milam_Keller Oaks_CUP_Redacted 4. Z-2523 - 1032 S. Milam _ CUP_Site Plan 5. Windcrest Recommended Conditions for NuVista's CUP 6. Approval letter - Kermit Sultemeier_Redacted 7. Ordinance 2026-08 CUP Keller Oaks With Exhibits APPROVAL/REVIEW: Date: February 09, 2026 Cliff Cross, Director of Development Services Date: February 09, 2026 Garret Bonn, Assistant City Manager Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 41 of 115 524 T C S 410 210 S 506 410 404 402 900 206 204 524 E 410 N L L E W W WINDCREST DR 501 508 502 512 505 504 503 205 516 507 419 AY 511 411 W 509 415 ING 513 423 421 520 ND 407 WI 205 425 403 499 205 429 405 500 515 427 410 401 497 205 420 211 524 519 517 431 422 406 402 493 433 426 491 1020 521 424 404 549 428 489 LN 400 526 523 EST 545 W 487 439 440 478 528 480 441 442 476 443 472 485 548 444 474 530 551 445 470 479 550 446 481 532 447 473 477 R 552 SUMMIT C I 544 449 471 555 451 459 475 469 554 453 M 542 457 463 E 455 467 D 556 I 461 C T 540 560 A S L 558 M A D 562 564 IL R M 1032 S 6 1 R Y D W G H 1107 IN S 1101-1109 E S T O TA CR R S LE S EL 1107 1097 K 1108 1116 1107 1107 101 ID A M A 1122 E 107 D R 1122 I! 1107 1107 1119 1 inch = 250 fee11t21 1128 1125 FIGURE 1 LEGEND City of Fredericksburg 400 Foot Buffer Radius Z-2523 1032 S. Milam Street GCAD Parcels Page 42 of 115 T 727 802 S 802 801 709 801 720 723 805 D 804 701 R3 C1 723 804 E 801 C2 T R 803 806 F S 413 L 804 S PF A 807 R3 803 807 M 724 808 T C1 S 814 A 805 811 N 808 D E 807 A 410 816 813 C1 B 810 S 718-734 Future U 811 809 818-820 900 816 820 E ROW R C2 811 R3 T 410 900 524 101 C 900 R2 404 702 S 210 206 200 817 901 602 S E 506 410 402 908 524 N 905 C1 L C2 L EST DR 907 E W WINDCR 714 702 W 508 502 501 708 704 PUD C2 LES PUD R2 R1 SHUMARD LN PA 504 503 205 1006 1001 UL 516 411 700 CT 509 415 1005 703 520 421 711 707 403 205 205 701 515 500 429 410 497 706 704 524 401 211 712 431 422 406 R2 1009 702 549 491 1003 703 602 521 433 1020 1014 R1 709 701 428 400 402 489 1011 526 545 6 710 441 485 PF PF 1 C2 1301 1013 702 444 476 Y 706 530 548 M W 1035 102 714 PUD 550 551 445 472 479 H 1037 1026 446 481 E 707 703 552 555 477 D E 709 701 534 I T 451 469 C E HIGHWAY ST 705 606 TA 1107 1107 602 554 A S L R1 710 1024 536 558 455 463 467 C1 S 95 C1 101 706 540 C1 D 713 701 560 564 R 1032 709 707 601 C1 1106 R1 C2 R2 1109 712 708 704 702 R C2 1108 D 714 602 C1 T G 1111 707 705 S 1107 713 701 C2 IN 1110 S S R1 710 S 1101-1109 1113 601 M 704 RO 716 C A 712 706 R 1107 1102 1097 LE D 1115 L 1108 A 713 709 KE C2 717 703 1104 S 711 707 1116 PF 1107 1107 I D D 101 1117 R A S M M K 1122 A 107 A E I R3 L O 1122 D A 219 R M PF T S 215 1206 S O C2 T 1107 213 1206 P PF 1107 1125 C2 211 C2 C2 C2 1128 1119 120 1121 205 1125 122 118 1206 1125 114 240 115 1401 1107 240 110 1206 202 111 1123 R3 202 E DR 293 297 108 C2 BILLI 1209 295 109 106 299 PF 294 298 109 1230 1225 PF 1401 PF IENDSHIP LN 1240 C2 FR LEGEND GCAD Parcels PF - Public Facilities I! Zoning PUD - Planned Unit Development ZONED R1 - Single Family Residential R1A - Single Family Residential - Small Lot C1 - Neighborhood Commercial R2 - Mixed Residential C1.5 - Medium Commercial R3 - Multi-Family Residential C2 - Commercial R4 - Manufactured Home Residential CBD - Central Business District R5 - Patio Home Residential M1 - Light Manufacturing M2 - Medium Manufacturing FIGURE 1 M3 - Industrial Park OS - Open Space City of Fredericksburg Z-2523 - 1032 S. Milam Page 43 of 115Page 44 of 115Page 45 of 115Page 46 of 115 A REPLAT OF LOT 1R-1 IN THE KELLER TBPELS SUBDIVISION, A PLAT OF RECORD IN VOLUME F-10608 6, PAGE 88 OF THE GILLESPIE COUNTY PLAT Engineering Firm RECORDS. Lot 19 Lot 18 TBPELS 100930-00 Surveying Firm Lot 1R-1A Lot 17 Lot 16 Lot 14 CRESTVIEW CIRCLE (50' ROW - 495') CRESTVIEW CIRCLE (50' ROW) Lot 15 Lot 13 Lot 12 . Copyright © 2022 All Rights Reserved T S SURVEYING & ENGINEERING Lot 11 SULTEMEIER M Lot 10 A L I Lot 9 M Lot 2 s Lot 1 Lot 4 Lot 6 Lot 3 Lot 8 H Lot 5 Lot 7 T U proposed quarried O limestone privacy S wall Retaining Wall, Access & Utility Easement HIGHLAND BOULEVARD Lot 1R-1B Gillespie County, TX A Replat of Lots 1R-1 KELLER SUBDIVISION 46.00' PROJECT: KELLER CROSSING DRIVE DATE: REVISIONS: Item/Date/Description SHEET TITLE A Replat of Lot 1R-1 Crestview Townhomes Lot - 1R - 1A SHEET NUMBER 1 Page 47 of 115Windcrest Patio Homes Homeowners Association - Requested Conditions 21 January 2026 Recommended Conditions for NuVista CUP 1. Require a 20 foot wide buffer zone between the NuVista Keller Oaks Project, on the one hand, and the properties of Windcrest Townhomes, on the other hand. (Note: NuVista’s most recent plan shows that Lot 119 does not provide a 20 foot buffer zone.) 2. Require an easement for maintenance and repair of the retaining wall of Windcrest Townhomes. (Note: NuVista’s most recent plan shows that Lot 119 does not appear to provide for that.) 3. Require a construction workday from 7:00am to 7:00pm. 4. Allow the City to have a say in which trees will be preserved, either through removal to another location on Keller Oaks or where they stood originally. 5. Require completion of the first block of 6 luxury town homes before attempting to sell the others that have yet to be built. 6. Require NuVista to submit to the city factual financial records that will provide ample assurances that NuVista has the financial wherewithal to complete the proposed luxury town homes of the Keller Oaks Project. Page 48 of 115Page 49 of 115 ORDINANCE NO. 2 0 2 6 - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, AMENDING APPENDIX B, “ZONING ORDINANCE” OF THE FREDERICKSBURG MUNICIPAL CODE, AS AMENDED, BY GRANTING A CONDITIONAL USE PERMIT PERMITTING A CONDOMINIUM/TOWNHOME USE ON CERTAIN PROPERTY LOCATED AT 1032 MILAM STREET , FREDERICKSBURG, TEXAS; PROVIDING THAT THIS ORDIANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fredericksburg, Texas (the "City"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance, certified as Appendix B of the Fredericksburg Municipal Code, and a comprehensive zoning map, regulating the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes, and providing for a method to amend said ordinance and map for the purpose of promoting public health, safety, morals, and general welfare, all in accordance with a comprehensive plan; and WHEREAS, in accordance with the Comprehensive Zoning Ordinance, the owner of the property referenced below has filed an application for a Conditional Use Permit for a “Condominium / Townhome Use” within a C1, Neighborhood Commercial zoning district; and WHEREAS, public hearings before the Planning and Zoning Commission and the City Council of the City of Fredericksburg have been duly noticed and held regarding such application, as required by the City of Fredericksburg Zoning Ordinance; and WHEREAS, all requirements of law dealing with notice to other property owners, publication, and all procedural requirements have been complied with in accordance with the comprehensive zoning ordinance and Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City does hereby deem it advisable and in the public interest to grant such conditional use permit on the terms and conditions described herein. Page 50 of 115 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: Section 1. The findings above are found to be true and correct and are incorporated herein. Section 2. Appendix B, “Zoning Ordinance,” of the Fredericksburg Municipal Code, as amended, is hereby amendment to grant a Conditional Use Permit as shown and described below: Applicant: NuVista Development, LLC Property Owner: NuVista Development, LLC Property Address: 1032 South Milam, Fredericksburg, TX 78624 Legal Description: Lot 1R-1 IN THE KELLER SUBDIVISION, A PLAT OF RECORD IN VOLUME 6, PAGE 88 OF THE GILLESPIE COUNTY PLAT OF RECORDS. Zoning Change: The property shall remain located in the C1 Neighborhood Commercial zoning district, and a Conditional Use Permit for a “Condominium / Townhome Use” is hereby granted subject to the terms and conditions provided herein and specific to the 4.87 acre tract identified as Lot 1R-!A and attached as Exhibit A and per the conditions identified within attached Exhibit B. Section 3. The zoning districts, boundaries, and uses as herein established have been made in accordance with the comprehensive plan for the purposes of promoting health, safety, morals, and general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood, and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewerage, parks, and other public requirements. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of the buildings and encouraging the most appropriate use of land throughout the community. Page 51 of 115 Section 4. The use of the property described herein shall be subject to all the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City for the zoning district into which they have been assigned. Section 5. This Ordinance shall be cumulative of all other provisions of ordinances of the City of Fredericksburg Municipal Code, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinance and such code are hereby repealed. Section 6. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in Section 1-6 of the Fredericksburg Municipal Code. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance may be subjected to such civil penalties as authorized by law. Section 7. All rights or remedies of the City are expressly saved as to any and all violations of Appendix B of the Fredericksburg Municipal Code, as amended, or any other ordinance affecting zoning and land use that have accrued at the time of the effective date of this Ordinance and as to such accrued violations and all pending litigation, both civil and criminal, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. Section 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 9. The City Secretary of the City of Fredericksburg is hereby directed to publish in the official newspaper of the City the caption and penalty clause of this Ordinance as required by law. Page 52 of 115 Section 10. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. th PASSED AND APPROVED on this the 17 day of February, 2026. Jeryl Hoover, Mayor ATTEST: Letty Vacek, City Secretary APPROVED AS TO FORM: Mick McKamie, City Attorney Page 53 of 115 "Exhibit A" A REPLAT OF LOT 1R-1 IN THE KELLER TBPELS SUBDIVISION, A PLAT OF RECORD IN VOLUME F-10608 6, PAGE 88 OF THE GILLESPIE COUNTY PLAT Engineering Firm RECORDS. Lot 19 Lot 18 TBPELS 100930-00 Surveying Firm Lot 1R-1A Lot 17 Lot 16 Lot 15 Lot 14 CRESTVIEW CIRCLE (50' ROW - 495') CRESTVIEW CIRCLE (50' ROW) Lot 13 Lot 12 . Copyright © 2022 All Rights Reserved T S SURVEYING & ENGINEERING Lot 11 SULTEMEIER M Lot 10 A L I Lot 9 M Lot 2 s Lot 1 Lot 4 Lot 6 Lot 3 Lot 8 H Lot 5 Lot 7 T U proposed quarried O limestone privacy S wall Retaining Wall, Access & Utility Easement Lot 1R-1B HIGHLAND BOULEVARD Gillespie County, TX A Replat of Lots 1R-1 KELLER SUBDIVISION 46.00' PROJECT: KELLER CROSSING DRIVE DATE: REVISIONS: Item/Date/Description SHEET TITLE A Replat of Lot 1R-1 Crestview Townhomes Lot - 1R - 1A SHEET NUMBER 1 Page 54 of 115 "Exhibit B" Recommended Conditions for NuVista CUP 1. Require a 20 foot wide buffer zone between the NuVista Keller Oaks Project, on the one hand, and the properties of Windcrest Townhomes, on the other hand. 2. Require an easement for maintenance and repair of the retaining wall of Windcrest Townhomes. 3. Require a construction workday from 7:00am to 7:00pm. 4. Allow the City to have a say in which trees will be preserved, either through removal to another location on Keller Oaks or where they stood originally. 5. 90 Day Plat Submittal Timeframe Page 55 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: Development Services TO: Mayor & City Council Members FROM: Cliff Cross, Director of Development Services MEETING DATE: February 17, 2026 CATEGORY: ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS CAPTION: Request Z-2602: Proposed text amendments to the City's Zoning Code Regarding The Reapplication Timeline for Zoning Amendments and Conditional Use Permits. The proposed text amendments are for section 5.270 (Action by the City Council) and Section 5.470 (Actions by the City Council). (Cliff Cross, Director of Development Services) i Presentation by the Staff ii Hold Public Hearing iii Take Action - Approve Ordinance 2026-09 for the Text Amendment SUMMARY: Staff is proposing text amendments to the reapplication timeframe associated with rezoning requests and conditional use permits. The zoning ordinance currently does not restrict the reapplication timeframe when an application is denied. The proposed amendments pertain to section 5.270 for rezoning requests and section 5.470 for conditional use permit requests and are as follows: Section 5.270, No application for a zoning change, including the establishment of a planned development district, for property which includes all or part of the same property which was described in a previously denied application for a zoning change, shall be accepted by the department earlier than one year after the date of final action on the prior application, unless: 1) The Director of Planning and Building determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or 2) The Director of Planning and Building determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the city council on the prior application, until a new application can be filed. Subsequent applications. 1) When an application has been withdrawn. An application for a zoning change, including the establishment of a planned development district, may be withdrawn at any time. If the application has been advertised in compliance with state law, an application requesting substantially the same rezoning request on all or part of the same described land shall not be reconsidered within six (6) months of withdrawal. Section 5.470 Page 56 of 115 No application for a conditional use permit, for property which includes all or part of the same property which was described in a previously denied application for a conditional use permit, shall be accepted by the department earlier than one year after the date of final action on the prior application, unless: 1) The Director of Planning and Building determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or 2) The Director of Planning and Building determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the city council on the prior application, until a new application can be filed. Subsequent applications. 1) When an application has been withdrawn. An application for a conditional use permit may be withdrawn at any time. If the application has been advertised in compliance with state law, an application requesting substantially the same conditional use permit request on all or part of the same described land shall not be reconsidered within six (6) months of withdrawal. BACKGROUND: The Planning and Zoning Commission considered this request on February 4, 2026 and there was no public comment. FUNDING SOURCE: NA FINANCIAL IMPACT: NA STAFF RECOMMENDATION: The Planning and Zoning Commission recommended approval of the text amendment as presented. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Governance ATTACHMENTS: 1. Ordinance 2026-00 Reapplication Timeframe APPROVAL/REVIEW: Date: February 09, 2026 Cliff Cross, Director of Development Services Date: February 09, 2026 Garret Bonn, Assistant City Manager Page 57 of 115 Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 58 of 115 ORDINANCE NO. 2 0 2 6 - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, AMENDING APPENDIX B, “ZONING ORDINANCE,” OF THE FREDERICKSBURG MUNICIPAL CODE BY AMENDING SECTIONS 5.270 (ACTION BY THE CITY COUNCIL) AND 5.470 (ACTIONS BY THE CITY COUNCIL); TO AMEND THE REAPPLICATION TIMELINE FOR ZONING AMENDMENT AND CONDITIONAL USE PERMIT APPLICATION REQUESTS IN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fredericksburg, Texas (the "City"), is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City previously adopted the Zoning Ordinance, as codified in Appendix B of the Fredericksburg Municipal Code (the “Code”), (the “Zoning Ordinance”), which regulates and restricts the location and use of buildings, structures, and land for trade; industry; residence; and other purposes, and provides for the establishment of zoning districts and regulations to administer the provisions of the zoning code; and WHEREAS, an application for a text amendment of the Zoning Ordinance, related to the zoning amendment and conditional use permit application/reapplication process in the City, has been initiated by motion of the Planning and Zoning Commission; and WHEREAS, the City Council desires to amend the Zoning Ordinance to provide regulations for subsequent reapplications for substantially the same zoning amendment or conditional use permit requests on all or part of the same described land; and WHEREAS, the continuous reapplication for substantially the same zoning amendment or conditional use permit in the City could result in undesirable impacts to the community, including a negative impact on the health and wellbeing of the neighboring property owners; and WHEREAS, this Ordinance contains regulations consistent with good zoning and planning practices to address such negative impacts of continuous reapplications burdening the public while providing a reasonable timeframe and considerations for future applications to be presented to the Planning and Zoning Commission and City Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the adoption of the amendment to the Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before the City Council at which the City Council considered the recommendation of the Planning and Zoning Commission, and among other things, the necessity for orderly and appropriate regulations of the use of land and the erection of structures thereon, and having Page 59 of 115 considered the proposed amendment to the Zoning Ordinance and the appropriateness of the amendment, the City Council does hereby find that the amendment to the Zoning Ordinance approved hereby accomplishes such objectives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS THAT: SECTION 1. All the above premises are true and correct of the City Council, and they are hereby approved, ratified, and incorporated herein this Ordinance. SECTION 2. Section 5.270, “Action by the City Council,” of the Zoning Ordinance is amended by adding the “Reapplication After Denial” timeframe to the existing provisions and to read follows: No application for a zoning change, including the establishment of a planned development district, for property which includes all or part of the same property which was described in a previously denied application for a zoning change, shall be accepted by the department earlier than one year after the date of final action on the prior application, unless: 1) The Director of Planning and Building determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or 2) The Director of Planning and Building determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the city council on the prior application, until a new application can be filed. Subsequent applications. 1) When an application has been withdrawn. An application for a zoning change, including the establishment of a planned development district, may be withdrawn at any time. If the application has been advertised in compliance with state law, an application requesting substantially the same rezoning request on all or part of the same described land shall not be reconsidered within six (6) months of withdrawal. SECTION 3. Section 5.470, “Actions by the City Council,” of the Zoning Ordinance is amended by adding the “Reapplication After Denial” timeframe to the existing provisions and to read follows: No application for a conditional use permit, for property which includes all or part of the same property which was described in a previously denied application for a conditional use permit, shall be accepted by the department earlier than one year after the date of final action on the prior application, unless: Page 60 of 115 1) The Director of Planning and Building determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or 2) The Director of Planning and Building determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the city council on the prior application, until a new application can be filed. Subsequent applications. 1) When an application has been withdrawn. An application for a conditional use permit may be withdrawn at any time. If the application has been advertised in compliance with state law, an application requesting substantially the same conditional use permit request on all or part of the same described land shall not be reconsidered within six (6) months of withdrawal. SECTION 4. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Fredericksburg Municipal Code, as amended, or accrued at the time of the effective date of this Ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. SECTION 5. This Ordinance shall be cumulative of all provisions of ordinances and of the Fredericksburg Municipal Code, as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 7. Any person, firm, corporation, or entity violating this Ordinance or any provision of the City's Zoning Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing days' violation under this Ordinance shall constitute a separate offense. The penal Page 61 of 115 provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 8. The City Secretary is hereby directed to publish in the official newspaper of the City, the caption and penalty clause of this Ordinance as provided by the City’s Charter. SECTION 9. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so Ordained. PASSED AND APPROVED on this the 17th day of February, 2026. Jeryl Hoover, Mayor City of Fredericksburg, Texas ATTEST: Letty Vacek, City Secretary APPROVED AS TO FORM: Mick McKamie, City Attorney Page 62 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Secretary TO: Mayor & City Council Members FROM: Garret Bonn, Assistant City Manager MEETING DATE: February 17, 2026 CATEGORY: ORDINANCES, RESOLUTIONS AND PUBLIC HEARINGS CAPTION: Consideration and Possible action on Budget Amendment (Ordinance 2026-06) relating to a Request from the Market Square Redevelopment Commission (MSRC) for Use of Unallocated Funds for the Glockenspiel Project (Tim Crenwelge, MSRC Chair) - To be considered after Council action on Item 8B. SUMMARY: Consideration of a request from the MSRC for use of unallocated funds in the amount of $175,000 to go towards the Glockenspiel Project. BACKGROUND: The Construction and License Agreement for the Marktplatz Glockenspiel project (Agenda Item 8B) commits the MSRC to raising $400,000 to go towards the design, engineering, and construction of the structure. Currently, the Marktplatz Fund held by the Community Foundation of the Texas Hill Country includes $133,231.00 and $56,890.17 in allocated funds from the Fredericksburg Food and Wine Fest and the John William Klein (JWK) Room project, respectively. Since the City is no longer responsible for hosting the Food and Wine Fest and the JWK Room project is complete, the MSRC is requesting the City Council approve the release of a total of $175,000 ($125,000 - Food and Wine Fest/$50,000 - JWK Room) for the MSRC to use for the Glockenspiel Project. Tim Crenwelge, Chair of the MSRC, will be in attendance at the meeting to discuss this request and answer any questions the Council may have. FUNDING SOURCE: Food & Wine Fest/JWK FINANCIAL IMPACT: Room Project Funds Food & Wine Fest - $125,000 (Budget Amendment) JWK Room Project - $50,000 (Reallocation) STAFF RECOMMENDATION: Since funding for the Food and Wine Festival is now being considered under separate requests from the Chamber of Commerce and the JWK project is completed, City staff recommends approval of a budget amendment in the amount of $125,000 for Food and Wine Fest funds as well as approval of the reallocation of $50,000 from the JWK Room project to go towards the Glockenspiel Project on Marktplatz. Page 63 of 115COMPREHENSIVE PLAN GUIDING PRINCIPLE: City Center ATTACHMENTS: 1. Exhibit A-Budget amendment-2-17-2026 2. Ordinance 2026-06 Budget Amendment-Food and Wine APPROVAL/REVIEW: Date: February 09, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Krista Wareham, Director of Finance Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Clinton Bailey, City Manager Page 64 of 115Exhibit A-Budget Amendment 2-17-2026 G/L Account Description 2026 Adopted Budget Requested Amendment 2026 Revised Budget Notes Food & Wine/MarketSquare 11-25-1022-00 MarketSquare Pledge Improvements$ - $ 125,000.00 $ 125,000.00 Pledge for MarketSquare Improvements-Glockenspiel Food & Wine/MarketSquare$ - $ 125,000.00 $ 125,000.00 Food & Wine/MarketSquare Fund Revenue Total$ - $ - $ - Food & Wine/MarketSquare Fund Expenditure Total$ - $ 125,000.00 $ 125,000.00 Food & Wine/MarketSquare Fund Net Amount$ - $ (125,000.00) $ (125,000.00) All Funds Revenue Total$ - $ - $ - All Funds Expenditure Total$ - $ 125,000.00 $ 125,000.00 All Funds Net Amount$ - $ (125,000.00) $ (125,000.00) Page 65 of 115 ORDINANCE 2026-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS, ADOPTING AND APPROVING AMENDMENTS TO THE CITY BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026, AND MAKING AMENDED APPROPRIATIONS FOR EACH AFFECTED DEPARTMENT AND ACCOUNT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREDERICKSBURG, TEXAS: Section 1. In accordance with Section 10.13 of the City Charter, the City Manager has prepared proposed budget amendments to the previously approved City of Fredericksburg, Texas ("City") budget for the fiscal year 2025-2026, said proposed budget amendment being set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. The City Council finds that the proposed budget amendment is a public necessity to ensure continued municipal government operations, and the budget amendment set forth in Exhibit "A" are hereby approved and adopted for municipal purposes. City resources and revenues are hereby appropriated for City departments and account expenditures as detailed in the budget amendment in Exhibit "A". Section 2. Severability or 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. Section 3. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shall be effective on and after the date of passage and publication when required by law. PASSED AND APPROVED on this 17th day of February, 2026. 1 Page 66 of 115 Jeryl Hoover, Mayor Attest: Leticia Vacek, TRMC, CMC, MMC City Secretary/RMO Approved as to Form: Mick McKamie City Attorney 2 Page 67 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Manager TO: Mayor & City Council Members FROM: Garret Bonn, Assistant City Manager MEETING DATE: February 17, 2026 CATEGORY: OTHER ACTION ITEMS AND UPDATES CAPTION: Consider approval of an Operating Agreement with the Texas Historical Commission Relating to City- Owned Property Near the Intersection of US 290E and Heritage Hills Drive, formerly referred to as the Former Texas Rangers Heritage Center (Chris Elliott, Texas Historical Commission) SUMMARY: The City has been in discussions with the Texas Historical Commission (THC) regarding the future of the site formerly occupied by the Former Texas Rangers Foundation (FTRF). BACKGROUND: In May 2024, the City of Fredericksburg entered into an agreement with THC to deed the Fort Martin Scott property to THC and also agreed to lease additional property for purposes of livestock grazing and additional programming related to Fort activities. In return, THC became responsible for the daily operation of the Fort in accordance with the provisions of the operating agreement. Since the termination of the Ground Lease and Chapter 380 Agreement between the City and FTRF, there has not been any use of the +/-11.96 acre tract of land which is located immediately adjacent to the Fort. At the October 21, 2025 Council meeting, during an update on operations at Fort Martin Scott, Joseph Bell and Chris Elliott with THC presented a plan to expand the operations at the Fort to include the adjacent property, including development of an interactive education center. The attached operating agreement has been developed based on further negotiations since the meeting and would include the City deeding the +/-11.96 acre tract with the understanding that THC would have 10 years to complete the facility and open it to the public. If any provisions of the agreement are not met, the property, including any improvements, would revert back to City ownership. Chris Elliott and other THC representatives will be in attendance at the meeting to provide additional details on their plans for the property and answer any questions the Council may have relating to the agreement. FUNDING SOURCE: FINANCIAL IMPACT: STAFF RECOMMENDATION: Staff recommends approval of the operating agreement with THC. Page 68 of 115 COMPREHENSIVE PLAN GUIDING PRINCIPLE: Family Life Vision ATTACHMENTS: 1. THC_City of Fredericksburg Operating Agreement APPROVAL/REVIEW: Date: February 10, 2026 Krista Wareham, Director of Finance Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Garret Bonn, Assistant City Manager Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 69 of 115 OPERATING AGREEMENT BETWEEN TEXAS HISTORICAL COMMISSION AND THE CITY OF FREDERICKSBURG (Effective [XXXXXX]) OPERATING AGREEMENT This Operating Agreement (this "Agreement") is entered into under the authority of the Interlocal Cooperation Act, Texas Government Code Ch. 791, to be effective as of the ____ day of ____, 202_ (the "Effective Date") by and between the TEXAS HISTORICAL COMMISSION ("THC"), an agency of the State of Texas, and THE CITY OF FREDERICKSBURG, TEXAS ("FREDERICKSBURG"), a Texas municipal corporation. WHEREAS, pursuant to the authority of the THC under Texas Government Code § 442.005(v), THC intends to acquire from FREDERICKSBURG and THC will own TITLE to the property more fully described in Appendix A to this Agreement; and WHEREAS, THC is authorized to enter into an agreement with FREDERICKSBURG for the preservation, maintenance, management, operation, and financial support of Fort Martin Scott; and WHEREAS, THC and FREDERICKSBURG desire to set forth their respective expectations, rights, responsibilities and obligations with respect to the operation and expansion of Fort Martin Scott; NOW, THEREFORE, in consideration of the above premises and the mutual promises and covenants herein set forth, THC and FREDERICKSBURG do hereby agree as follows: 1. EXPECTATIONS AND GOALS OF THE PARTIES. FREDERICKSBURG agrees to transfer title to +/-11.96 acres of land, more or less described on Exhibit "A" to THC in order to provide for the use of the existing event center facility, drive aisles, parking areas, and other existing amenities as well as construction of an interactive heritage center facility currently referred to as "Texas Untamed -- A Frontier Experience at Fort Martin Scott", as approved by both parties. Time is of the essence as to the construction deadlines and performance milestones set forth in Sections 1 and 1A of this Agreement. The heritage center facility shall be complete and operating on or before ten (10) years from the date hereof. The facility shall consist of an interactive educational center, galleries, and exhibits and shall incorporate historical aspects of not just Ft. Martin Scott but also Native Americans and the Texas Rangers to the extent reasonably appropriate given the historical significance of each to the site. THC will accept title to the tract and will include it as part of the operations of Fort Martin Scott, a State Historic Site. THC shall be responsible for all surveying, subdivision platting, preparation of legal descriptions, title examination, title policy costs, and all other expenses associated with the transfer of the Transferred Property. THC expects and desires FREDERICKSBURG to exercise its rights under this Agreement in such a manner as to enhance the tract as well as Fort Martin Scott without placing significant financial demands on FREDERICKSBURG. THC will operate and expand Fort Martin Scott in compliance with this Page 70 of 115 Agreement without operating funds or other financial support from FREDERICKSBURG, except as specifically provided in this Agreement. FREDERICKSBURG will hereby transfer, sell, and deliver to THC all property and fixtures associated with the +/-11.96 acre tract (the "Transferred Property"), together with all and singular the rights and appurtenances thereto in any way belonging. FREDERICKSBURG binds itself and all its heirs, successors, and assigns to warrant and forever defend all and singular the Transferred Property to THC and THC's heirs, successors, and assigns against every person claiming the same or any part thereof. 1A. MILESTONES AND REPORTING. (a) THC shall secure appropriations from the Texas Legislature, grants, donations, and/or partnerships to obtain funding needs for the proposed facility within seven (7) years of the Effective Date. (b) THC shall submit schematic design plans for the heritage center facility to the City Manager for review and comment within three (3) years of the Effective Date. The City Manager shall have thirty (30) days to provide written comments, which THC shall consider in good faith prior to finalizing designs. (c) THC shall obtain all necessary permits and approvals and shall commence construction of the heritage center facility within seven (7) years of the Effective Date. (d) THC shall substantially complete construction of the heritage center facility and open it to the public within ten (10) years of the Effective Date. (e) THC shall provide progress reports to the City Council semi-annually detailing the status of design, permitting, construction, anticipated timeline for completion of construction, and operations of both Fort Martin Scott and the heritage center facility. f) Force Majeure. The time periods and deadlines set forth in this Section 1A may be extended by THC upon written notice to FREDERICKSBURG if THC is prevented from meeting such deadlines due to acts of God, war, pandemic, natural disasters, government action or restriction, or other events beyond THC's reasonable control. Any such extension shall be for a period equal to the delay caused by the force majeure event, provided that THC resumes performance as soon as reasonably possible after the force majeure event ceases. 2. MANAGEMENT AND OPERATION. Beginning on the Effective Date, THC shall be responsible for the daily operation of Transferred Property including maintenance and operation of all existing improvements on the Transferred Property, including but not limited to the event center facility, drive aisles, parking areas, bell tower, and all other related amenities and infrastructure, and shall preserve and enhance the historic integrity, appeal, financial and physical condition, and overall quality of the site. Subject to the provisions of this Agreement and all applicable state and federal laws and regulations, THC's management and operational rights and responsibilities shall include: determining the amount of and collecting admission fees provided that verified residents of the City of Fredericksburg shall receive free admission to the facility upon presentation of acceptable proof of residency; marketing of Fort Martin Scott in an effective manner; providing for the prudent maintenance and operation of the buildings and the proper conservatorial care and presentation of the contents and collections comprising Fort Martin Scott; setting the hours of operation of Fort Martin Scott to reasonably maximize Page 71 of 115 revenue; providing adequate security for Fort Martin Scott, its contents, staff, and visitors; determining the utilization of space within Fort Martin Scott, and all other rights and responsibilities associated with ownership of the Transferred Property. THC shall have the right to install directional and informational signage on the Transferred Property in accordance with FREDERICKSBURG's sign standards and applicable ordinances, provided that such signage shall be subject to FREDERICKSBURG's review and approval, which shall not be unreasonably withheld. THC acknowledges that the entrance from the Transferred Property will serve as the primary public entrance to Fort Martin Scott. 3. MANAGEMENT STANDARDS. THC shall manage and operate Fort Martin Scott in a good and prudent manner and in accordance with THC's accepted historic site practices. THC shall support and fully cooperate with FREDERICKSBURG in meeting FREDERICKSBURG's obligations under this Agreement. FREDERICKSBURG shall not engage in any activity at or away from Fort Martin Scott that shall, in the reasonable judgment of THC, derogate the reputation, goodwill or dignity of Fort Martin Scott or reflect adversely on THC. FREDERICKSBURG shall not engage in any activity with respect to Fort Martin Scott which shall be for the private profit of any individual or any organization other than THC. 4. FUNDING. (a) All revenue generated from admission sales to Fort Martin Scott shall be deposited into the Historic Sites Account in the State Treasury through an electronic funds transfer or a State Depository Bank deposit as required by state law. (b) THC agrees to seek continued legislative appropriation to support its obligations under this agreement, including capital improvements, salaries and, related expenses for any THC employee located at or otherwise dedicated to the operations of Fort Martin Scott. THC's obligations under this Agreement are subject to the availability of Legislative appropriations, grants, donations, and/or partnership funding for this purpose. If THC determines that funding is insufficient to maintain reasonable operations at Fort Martin Scott for any state fiscal year, THC shall notify FREDERICKSBURG in writing within thirty (30) days of such determination. THC and FREDERICKSBURG shall meet within sixty (60) days after such notice to discuss alternatives, including but not limited to potential operational support from FREDERICKSBURG or reversion of the Transferred Property pursuant to Section 13(b). 5. EMPLOYEES. (a) After the Effective Date, FREDERICKSBURG will have no further obligations to or responsibility for any employee at the Transferred Property. FREDERICKSBURG is responsible for any claim or obligation to any City Employees incurred prior to the Effective Date. 6. FACILITIES, EQUIPMENT, AND ARTIFACTS. Any and all facilities, equipment, artifacts, supplies, and other items necessary for the operation of Fort Martin Scott (and currently utilized for such purpose) that are owned by FREDERICKSBURG on the Effective Date will be transferred without charge to THC and will be available for use by the employees of THC as described in Section 5 of this Agreement. Page 72 of 115 7. LIABILITY. (a) FREDERICKSBURG shall be, at FREDERICKSBURG's sole cost and expense, responsible for and obligated to mediate, litigate, or settle any and all claims against FREDERICKSBURG or THC related to Fort Martin Scott and existing prior to the Effective Date of this Agreement. The State of Texas and THC are self-insured, and any liability for casualty, medical, employee, or other loss related to the ownership and operation of Fort Martin Scott and regarding the State of Texas or THC and derived from events occurring on or after the Effective Date shall be handled in accordance with the applicable statutes and rules of the State of Texas. Without limiting the provisions of Section 14 hereof, this Agreement shall not be considered nor in any way constitute a waiver of sovereign immunity of the State of Texas or THC, nor of immunity from liability of the employees of THC for acts within the course and scope of their employment. (b) Nothing contained in this Agreement and no action or inaction by THC shall be construed as giving FREDERICKSBURG any right, power or permission to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against THC in respect thereof or to make any agreement that may create, or in any way be the basis for any right, title, interest, lien, claim, or other encumbrance upon the interest of THC in Fort Martin Scott or upon any buildings, contents, or collections comprising Fort Martin Scott. 8. COMPLIANCE WITH LAWS. FREDERICKSBURG, at its sole cost and expense, shall promptly comply with all federal, state, county, municipal and other governmental statutes, laws, rules, orders, regulations, ordinances, judgments, decrees and injunctions affecting either Fort Martin Scott or FREDERICKSBURG's maintenance, operation or alteration thereof, now in force, including, without limitation, any laws regarding any hazardous substances, solid wastes, or other substances known or suspected to pose a threat to health or the environment ("Laws"), and existing on or about Fort Martin Scott on or before the Effective Date. 9. FREDERICKSBURG'S PAYMENT OF COSTS. Without limiting any other provision of this Agreement, FREDERICKSBURG shall fully and timely pay (a) all taxes or impositions of any kind assessed in connection with FREDERICKSBURG's maintenance, operation and other activities pertaining to Fort Martin Scott, including all sales and other taxes; (b) all charges for electricity, power, gas, oil, water, cable, telecommunications, and other utilities used at Fort Martin Scott; and (c) all costs for maintenance and repair for which FREDERICKSBURG is responsible under this Agreement, and which are incurred before the Effective Date. FREDERICKSBURG will provide a letter to THC confirming that FREDERICKSBURG has fully and timely paid any cost(s) incurred by FREDERICKSBURG and that no encumbrances or billings are pending. 10. CITY CONSULTATION. THC shall meet with the City Manager or the City Manager's designee at least semi-annually during active design and construction phases (years 1- 10), and at least annually thereafter to review operations of Fort Martin Scott, discuss progress on construction milestones set forth in Section 1A, and consider input from FREDERICKSBURG regarding programming and community engagement. While THC retains final decision-making authority over all operational matters, THC shall give good faith consideration to FREDERICKSBURG's comments and suggestions. Page 73 of 115 11. TERM. This Agreement shall commence upon the Effective Date and shall not expire unless terminated as otherwise provided herein., or upon ninety (90) days' written notice by either party if the other party commits a material breach of this Agreement and fails to cure such breach within sixty (60) days after receiving written notice specifying the breach with reasonable particularity. 12. ACTIVITIES OF THC. Without limiting the other provisions of this Agreement, THC shall devote reasonably sufficient time, attention, and resources to the performance of its obligations under this Agreement and the overall advancement of Fort Martin Scott. During the term of this Agreement, THC shall not support any activity or project that might reasonably be expected to undermine the financial condition of Fort Martin Scott, lessen its quality, or otherwise conflict with expectations and goals of the parties set forth herein. 13. REVERSION OF TRANSFERRED PROPERTY. (a) Automatic Reversion. Ownership of the Transferred Property, including all improvements thereon, shall automatically revert to FREDERICKSBURG upon the occurrence of any of the following events: (i) The heritage center facility is not substantially complete and open to the public within ten (10) years of the Effective Date as required by Sections 1 and 1A; (ii) THC closes Fort Martin Scott to the public for more than twelve (12) consecutive months (except for closures due to force majeure events beyond THC's reasonable control); (iii) THC ceases operation of Fort Martin Scott as a historic site; (iv) THC attempts to sell, transfer, lease, or convey the Transferred Property or any portion thereof to any third party without FREDERICKSBURG's prior written consent; or (v) THC fails to obtain legislative appropriations, grants, donations, and/or partnership funding sufficient to fully fund construction of the heritage center facility within seven (7) years of the Effective Date (b) Reversion for Lack of Legislative Funding. If THC notifies FREDERICKSBURG pursuant to Section 4(b) that legislative appropriations are not available or are insufficient to meet THC's obligations under this Agreement for three (3) consecutive state fiscal years, FREDERICKSBURG may elect to have the Transferred Property revert to FREDERICKSBURG by providing written notice to THC within ninety (90) days after the end of such three-year period. (c) Reversion Procedure. Upon occurrence of any event described in subsections (a) or (b) above, THC shall execute and deliver to FREDERICKSBURG a special warranty deed reconveying the Transferred Property and all improvements thereon to FREDERICKSBURG within sixty (60) days of receiving written notice from FREDERICKSBURG that a reversion event has occurred. All improvements made by THC shall remain with the property upon reversion. The parties intend that the reversionary interests described in this Section 13 shall constitute conditions subsequent running with the land. (d) Non-material failures shall be subject to 60-day cure. Page 74 of 115 14. OWNERSHIP OF TRANSFERRED PROPERTY. FREDERICKSBURG acknowledges that Fort Martin Scott shall be, subject to Section 13, the property of THC and the State of Texas, and that FREDERICKSBURG has only the rights and obligations set forth in this Agreement and pursuant to the tenure and conditions hereof. 15. DISPUTE RESOLUTION. (a) The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by the THC and by FREDERICKSBURG to attempt to resolve any claim for breach of this Agreement made by FREDERICKSBURG or THC: (i) FREDERICKSBURG's or THC's claims for breach of this Agreement that the THC Executive Director and the City Manager of FREDERICKSBURG cannot resolve in the ordinary course of business and which cannot be further resolved by the Commissioners of THC and the City Council of FREDERICKSBURG, shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, FREDERICKSBURG or THC shall submit written notice, as required by subchapter B, to the designated THC representative. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of FREDERICKSBURG and THC otherwise entitled to notice pursuant to Section 20 below. Compliance by FREDERICKSBURG or THC with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. (ii) The contested case process provided in Chapter 2260, subchapter C, of the Government Code is FREDERICKSBURG's and THC's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract if the parties are unable to resolve their disputes under Subsection 18(a)(i) hereof. (iii) Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Agreement by THC nor any other conduct of any representative of THC relating to this Agreement shall be considered a waiver of sovereign immunity to suit. (b) The submission, processing and resolution of FREDERICKSBURG's or THC's claim is governed by the published rules adopted by the Office of the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found in the Texas Administrative Code. (c) Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance under this Agreement by FREDERICKSBURG or THC, in whole or in part. 16. NOTICE. [Notice provisions omitted for brevity but remain unchanged in full agreement] 17. ASSIGNMENT. This Agreement is not assignable. Page 75 of 115 18. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, without giving effect to the principles of conflicts of law. Venue for resolution of any dispute shall be Travis County, Texas. 19. AMENDMENT. This Agreement may not be amended, changed, supplemented, waived or otherwise modified or terminated, except upon the execution and delivery of a written agreement executed by the parties hereto. 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute the same Agreement. This Agreement shall not be effective as to any party hereto until such time as this Agreement or a counterpart thereof has been executed and delivered by each party hereto. 21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. 22. SEVERABILITY. Whenever possible, each provision or portion of any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision or portion of any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or portion of any provision in such jurisdiction, and this Agreement will be enforced, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision or portion of any provision had never been contained herein. 23. NO PARTNERSHIP. Nothing in this Agreement shall be deemed or construed by the parties, or by any third party, as creating the relationship of principal and agent, partnership, joint venture or joint enterprise between THC and FREDERICKSBURG. 24. BENEFITS. This Agreement is entered into for the sole benefit of THC and FREDERICKSBURG and their respective successors and permitted assigns. Nothing in this Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public. Further, nothing herein shall be construed as a waiver of any rights which may be asserted by either party, including the defense of sovereign or governmental immunity. [The next page is the signature page.] Page 76 of 115IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and delivered as of the Effective Date. The persons signing below acknowledge that they are authorized to obligate THC and FREDERICKSBURG, respectively, to the terms and conditions contained herein. TEXAS HISTORICAL COMMISSION By: Name: Joseph Bell Deputy Executive Director of Historic Sites Date: CITY OF FREDERICKSBURG By: Name: Jeryl Hoover Mayor Date: Page 77 of 115Page 78 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Manager TO: Mayor & City Council Members FROM: Garret Bonn, Assistant City Manager MEETING DATE: February 17, 2026 CATEGORY: OTHER ACTION ITEMS AND UPDATES CAPTION: Consider approval of an Agreement between the City of Fredericksburg and the Pedernales Creative Arts Alliance (PCAA) for Design and Construction of a Glockenspiel at Marktplatz (Mike Zenner, PCAA) SUMMARY: Receive a presentation from Mike Zenner with the PCAA and other project representatives regarding an agreement for the proposed Glockenspiel project on Marktplatz. BACKGROUND: FUNDING SOURCE: Approved FY 2026 Budget - FINANCIAL IMPACT: Tourism Fund $400,000 (City Contribution) STAFF RECOMMENDATION: City staff recommends approval of the agreement, as presented, with the understanding that the applicant will need to obtain Historic Review Board (HRB) approval of the materials to be utilized and type of roof. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Governance ATTACHMENTS: 1. Final Draft Glockenspiel Agreement 2. Renderings APPROVAL/REVIEW: Date: February 09, 2026 Page 79 of 115Leticia Vacek, City Secretary Date: February 09, 2026 Garret Bonn, Assistant City Manager Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Clinton Bailey, City Manager Page 80 of 115 CONSTRUCTION AND LICENSE AGREEMENT FOR MARKTPLATZ GLOCKENSPIEL This Construction and License Agreement for the Marktplatz Glockenspiel (“Agreement”) is entered into between the City of Fredericksburg, Texas, (the “City”) and the Pedernales Creative Arts Alliance (the “PCAA”), a Texas non-profit corporation, to be effective on the date executed by all parties (“Effective Date”). WHEREAS, as a public service, the PCAA desires to design and construct a Glockenspiel, or large clock tower, upon the City’s park property at Marktplatz; and WHEREAS, the City and its Market Square Redevelopment Commission (the “Commission”), an advisory board of the City, seek to contribute to the funding for the design, engineering, and construction of the Glockenspiel; and WHEREAS, the construction of the Glockenspiel contributes to the historical restoration and preservation of historic Marktplatz; and WHEREAS, the PCAA intends to offer the completed Improvements to the City as an in- kind donation, for the benefit and enjoyment of the community and as a historical restoration and preservation project intended to encourage tourists to visit the preserved historic Marktplatz. NOW, THEREFORE, in consideration of the mutual agreements set forth in this Agreement, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: SECTION A Construction of the Improvements 1. The PCAA shall design and construct a Glockenspiel, or large clock tower, (the “Improvements”) on approximately two thousand (2,000) square feet of City-owned land within the Marktplatz in Fredericksburg, Texas, at the location specifically shown on the site plan attached to this Agreement as Exhibit “A” (“Glockenspiel Site”), which exhibit is incorporated into this Agreement for any and all purposes. 2. The PCAA shall complete construction of the Improvements on or before June 1, 2028; however, the PCAA shall not be required to enter into contracts for construction of the Improvements until eighty percent (80%) of the funds described in Sections B(1)(a)-(b) herein have been raised. 3. The PCAA acknowledges and agrees that the PCAA has no ownership, leasehold, or other interest of any kind in the Glockenspiel Site or in any of the real property adjacent to the Glockenspiel Site that is owned by the City. 4. The PCAA agrees that during the Term of this Agreement the PCAA may not exclude the City from entering the Glockenspiel Site or the real property adjacent to the Glockenspiel Site at any time or for any reason. Page 81 of 115 5. Construction Access, Staging, and Scheduling. a. The PCAA and its contractors shall have no independent right of access to any City property outside of the Glockenspiel Site. All construction access, construction staging, laydown areas, crane locations, material delivery routes, equipment parking, fencing limits, and construction scheduling shall be subject to the prior written approval of the City Manager or the City Manager’s designee. b. The City Manager may approve, condition, modify, relocate, limit, or revoke any construction access, staging, or scheduling at any time as necessary to protect public safety, park operations, utilities, special events, pedestrian access, or other City interests. c. The City’s approval of any access or staging areas shall be temporary, revocable, non-exclusive, and shall not create any lease, easement, possessory interest, or vested right in City property. 6. Access Plan Required. a. Prior to the commencement of any site work, the PCAA shall submit a written Construction Access and Staging Plan to the City Manager for approval. The plan shall identify proposed access points, fencing, delivery routes, equipment staging, and work hours. No construction activity may begin until the City Manager has approved the plan in writing. The City Manager may require revisions to the plan at any time. 7. The PCAA shall design, engineer, and construct the Improvements in compliance with all terms, conditions, and requirements as follows: a. The construction of the Improvements shall conform to plans that are preapproved following review by the City, including by its Historic Review Board and/or by another City department or committee (“Approving Bodies”). The PCAA shall not construct or allow construction of any improvements that are inconsistent with the plans approved by the Approving Bodies, unless said improvements are specifically and expressly approved by the Approving Bodies. b. The PCAA shall contract with a qualified professional contractor specializing in bell tower construction who will design the Improvements and fabricate specialized portions of the Improvements. c. The PCAA shall employ a professional engineer or architect licensed in the State of Texas to design and prepare plans for the construction of the Improvements and to provide supervision during construction of the Improvements. The PCAA shall provide a copy of its executed contract with its engineer or architect to the City. The City must approve the plans for construction of the Improvements before the contractors begin construction. Page 82 of 115 d. The PCAA shall contract with a qualified professional contractor who will construct the Improvements on the Glockenspiel Site. e. The contracts between the PCAA and its contractors must include indemnification provisions favorable to the City. f. The contract between the PCAA and its contractors must include a minimum two (2) year warranty for all work performed and the improvements, materials, and equipment provided under the contract. g. The contract between the PCAA and its construction contractor must require the contractor to provide to the PCAA and the City performance and payment bonds, each in the amount of 100% of the total construction costs under the contract. Additionally, the contract must require the contractor to provide a two (2) year maintenance bond upon the completion of construction in the amount of 100% of the total construction costs under the contract. h. The contract between the PCAA and its construction contractor must require the contractor to carry insurance in the amounts and in accordance with the terms set forth below throughout the duration of the construction of the Improvements and to maintain such insurance for a period of two (2) years following the completion of construction. The City shall be named as an additional insured on all insurance policies, and a copy of the endorsement naming the City as an additional insured shall be attached to the certificate of insurance. A valid certificate of insurance evidencing the required insurance coverage must be provided to the City prior to beginning construction and must be updated throughout the construction of the Improvements. If at any time the City does not have proof of insurance satisfying the terms of this paragraph, the City may immediately terminate this Agreement. (i) Workers Compensation Insurance: In amounts which meet the State of Texas requirements. (ii) Commercial General Liability Insurance: Written on an occurrence basis and in an amount not less than $2,000,000 combined single limit per occurrence, per location and $5,000,000 aggregate for personal injury, bodily injury, and property damage. i. The PCAA must provide the City Manager a construction schedule prepared by the PCAA’s contractor or builder prior to beginning construction of the Improvements. j. The PCAA must obtain building permits as required under the City’s ordinances for the construction; however, the City agrees to waive the payment of fees for required building permits. k. The PCAA may request that the City have its public works crews install Page 83 of 115 utilities to serve the Improvements. Upon the PCAA’s timely request submitted to the City Manager no later than June 15 of any given year], the City will consider the possibility of the City’s public works crews installing said utilities during the budget year prior to construction of the Improvements. l. The PCAA may erect one temporary recognition sign during construction. All signs erected by the PCAA shall comply with all applicable City sign ordinances and construction codes. m. The PCAA shall secure, protect, and maintain the Glockenspiel Site during all phases of site preparation and construction of the Improvements. This obligation shall include but is not limited to placing fencing and signs around the boundary of the Glockenspiel Site to prevent unauthorized access by members of the public. n. The PCAA shall maintain the Glockenspiel Site in a clean and safe condition during construction of the Improvements. Upon completion of construction of the Improvements, the PCAA shall restore any areas outside of the Glockenspiel Site that are impacted by construction activities to its condition prior to the construction, as determined by City's Director of Parks and Recreation. o. The PCAA shall transfer to the City any and all warranties of materials or workmanship for the construction of the Improvements. p. The PCAA shall require its engineer or architect to prepare as-built drawings of the Improvements and a maintenance manual or maintenance routine for the Improvements, which shall be provided to the City at the completion of construction of the Improvements. SECTION B Cost Sharing Agreement; Deposits; Payments 1. The PCAA, the City, and the Commission shall share the costs for design, engineering, and construction as follows: a. The PCAA shall commence a fundraising campaign with the targeted goal of contributing $400,000 for the design, engineering, and construction of the Improvements. Such contributions shall be due and payable to the Community Foundation of the Texas Hill Country with the indication that said contribution is for the Glockenspiel, to be held by the Community Foundation of the Texas Hill Country’s Marktplatz Fund (the “Fund”) and subject to disbursement in accordance with the procedures outlined herein. b. The Commission shall commence a fundraising campaign with the targeted goal of raising $400,000 for the Commission’s financial contribution to the design, engineering, and construction of the Improvements. Donations raised pursuant to said fundraising campaign shall be deposited directly into the Fund and shall be subject to disbursement in accordance with the procedures outlined herein. Page 84 of 115 c. Funds raised pursuant to subsections (a) and (b) herein shall be deposited in the Fund by June 30, 2026. d. In order to facilitate this Agreement, the City hereby delegates to the PCAA the authority to manage the construction of the Improvements and agrees to fund the design, engineering, and construction of the Improvements with $400,000 from the City’s Tourism Fund, to be paid out of current revenues and, within sixty (60) days of the effective date of this Agreement, to be deposited into an Escrow Account held by the City’s then-designated bank for City business (“Escrow Agent”). In accordance with Section 351.101(c) of the Texas Tax Code, the PCAA must submit its annual budget to the City Council for advance approval and shall make periodic reports detailing the expenditures made using HOT revenue to the City Council on at least a quarterly basis. The PCAA agrees to maintain all funds provided from HOT revenue in the separate Escrow Account and agrees not to commingle those funds with any other funds. In managing the construction of the Improvements and utilizing the City’s Tourism Fund as described in this section, the PCAA acknowledges its fiduciary duty with respect to the administration of said funds. e. In the event that the PCAA incurs financial obligations exceeding $1,200,000 for the construction of the improvements, the Parties agree that the balance of such excess obligations shall be divided evenly between the PCAA and the MSRC, with such funds to be raised in accordance with subsections (a) and (b) herein. The PCAA and the MSRC may seek further contributions from the City to offset such excess obligations, subject to the City’s future appropriations of funds and City Council approval. 2. Deposits and payments made pursuant to this Agreement shall be subject to the following terms: a. All contributions pursuant to the cost sharing agreement outlined herein shall be deposited into the Fund, with the exception of any contributions of the City funded by HOT revenues. b. Disbursements from the Fund may be made only upon request of the City Manager. When the PCAA incurs a financial obligation related to the design, engineering, and construction of the Improvements, the PCAA shall timely submit a request to the City Manager for disbursement of the necessary amounts from the Fund directly to the PCAA. Such request shall include adequate documentation indicating the amount required and the purpose of the expenditure. Upon the City Manager’s review of the request, the City Manager shall, within a reasonable amount of time, submit a disbursement request to the Fund for fulfillment of the expenditure. c. At the City Manager’s discretion, the City Manager may authorize the disbursement of funds donated to the Fund for construction of the Improvements in accordance with the Fund’s policies. Page 85 of 115 d. Upon receipt of a Fund disbursement, the PCAA shall pay in a timely manner all costs and related expenses for the design, engineering, and construction of the Improvements. SECTION C Grant of License and Oversight by City 1. Subject to the terms and conditions of this Agreement, the City hereby grants to the PCAA a revocable exclusive license to construct the Improvements on the Glockenspiel Site. The license granted in this paragraph shall be immediately revoked upon termination of this Agreement without any other action required. During the design, engineering, and construction of the Improvements, the City may freely enter the Glockenspiel Site to provide construction oversight and assistance at its discretion, under the direction of the Director of Parks and Recreation for the City. 2. During the design, engineering, and construction of the Improvements, the City shall provide electricity and water at the City’s expense to the Glockenspiel Site for use by the contractor or builder for the construction of the Improvements. SECTION D Donation and Operations of the Improvements 1. The PCAA hereby agrees to donate the completed Improvements to the City as an in-kind donation, subject to the restrictions set forth in this Section. Provided that the Improvements are constructed in conformance with the terms and conditions of this Agreement, the City hereby agrees to accept the completed Improvements from the PCAA as a donation to the City, subject to the restrictions set forth in this Section. 2. The parties mutually acknowledge and agree that upon the City's acceptance of the completed Improvements as a donation from the PCAA, the City will own, maintain, and manage the Improvements, and the PCAA will have no further interest or right to the Improvements. 3. The PCAA and MSRC shall have the right to recognize donors to the fundraising campaigns on pavers and/or plaques located in, on, or around the Improvements, in such manner as the Parties deem appropriate. Following review and recommendation by the MSRC, the City Council must approve the design and location of such pavers and/or plaques before installation of such pavers and/or plaques. SECTION D Term, Breach, and Termination of Agreement 1. The term of this Agreement shall begin upon the Effective Date, and shall end when terminated as set forth in this Section (“Term”). 2. Prior to the beginning of any site work or construction of the Improvements under this Agreement, the PCAA may immediately terminate this Agreement at any time, without penalty, upon written notice to the City. Page 86 of 115 3. After the PCAA has commenced any site work or construction of the Improvements under this Agreement, the PCAA may terminate this Agreement upon written notice to the City, provided that the PCAA shall, upon the City’s request, first remove any portions of the Improvements that have been constructed and restore the City’s real property to its original condition, as it existed prior to any site work or construction associated with the Improvements. The City, at its discretion, may waive the requirement that the PCAA remove any portions of the Improvements that have been constructed, and the City may accept the Improvements as-is and complete the construction at the City’s expense. 4. In the event of a breach of any terms or conditions of this Agreement, the non-breaching party may send notice of breach to the breaching party and demand that the breaching party cure such breach within ten (10) days. If the breach is not cured in a timely manner following notice and demand to cure, the non-breaching party may either: a. cure such breach and recover any cost incurred from the breaching party; or b. immediately terminate this Agreement. 5. The City may immediately terminate this Agreement upon failure of the PCAA's contractor or builder to maintain insurance as required by this Agreement. 6. This Agreement shall terminate upon the City's acceptance of the Improvements under Section C of this Agreement, except that all provisions regarding warranties, indemnification, and the construction or interpretation of this Agreement shall survive such termination. SECTION E Indemnification THE PCAA COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES, AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PCAA’S PERFORMANCE OF THIS AGREEMENT, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF THE PCAA, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. THE PCAA’S OBLIGATION UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. SECTION F Miscellaneous Provisions Page 87 of 115 1. Notices. Any notice required hereunder shall be deemed given if such notice is in writing and mailed by certified mail, postage prepaid, or hand-delivered to the address of such party as provided below: a. if to the City, to: City of Fredericksburg Attention: City Manager 126 W. Main St. Fredericksburg, TX 78624 b. if to the PCAA, to: Pedernales Creative Arts Alliance Attn: Mike Zenner 703 N. Llano St. Fredericksburg, TX 78624 2. No Waiver. No delay by a party in enforcing any part of this Agreement shall be deemed a waiver of any of that party’s rights or remedies, nor shall such delay be deemed a waiver of any subsequent breach or default by the other party. 3. Severability. If any of the terms, provisions, or requirements of this Agreement are held for any reason to be invalid, void, illegal, or unenforceable as a matter of law, the remainder of the Agreement shall remain in full force and effect and shall not be impaired, affected, or invalidated by such holding. 4. Venue and Applicable Law. The parties hereto agree that the laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. Venue for any action involving this Agreement shall be solely and exclusively in the courts of Gillespie County, Texas. 5. Construction and Interpretation. Each of the parties has read and understands the meaning and effect of this Agreement. The parties agree that in the construction and interpretation of the terms of this Agreement, the rule of construction that a document is to be construed most strictly against the party who prepared same shall not be applied; rather, the Agreement should be construed fairly and simply and not strictly against either party. 6. Binding Effect. This Agreement binds and inures to the benefit of the parties and their respective legatees, devisees, heirs, executors, legal representatives, personal representatives, transferees, assigns, and successors in interest. The rights, obligations, and duties under this Agreement shall not be assigned by either party without the written consent of the other party. 7. Entire Agreement. This Agreement embodies in its entirety the exclusive agreement between the parties regarding the subject matter hereof, and it incorporates all other written, verbal, express, and implied agreements made between any party, or agent of any party, of this Agreement Page 88 of 115 in connection with such matters. If any provisions in this Agreement conflict with any provisions in any other previously executed instrument, this Agreement shall control. 8. Amendments. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless reduced to writing, dated, and duly executed by the parties subsequent to the date of this Agreement. 9. No Agency. The relationship between the parties under this Agreement is that of independent contracting entities. The PCAA and its officers, agents, employees, and contractors are not agents or employees of the City. 10. Survival. All provisions of this Agreement pertaining to indemnification, warranties, immunities contained herein, shall survive the termination of this Agreement. 11. Immunity. It is expressly understood and agreed that the execution of this Agreement shall in no way be construed or deemed a waiver of immunity or defense that would otherwise be available to the City against claims arising in the exercise of governmental powers and functions. 12. Non-Discrimination and Compliance with Law. All work performed by the PCAA or the PCAA’s contractors in furtherance of this Agreement shall provide for the fair, equal, and non-discriminatory treatment of all persons and shall comply with applicable federal, state, and local laws, rules, and regulations. 13. Verifications. The PCAA verifies and certifies that it does not and during the duration of this Agreement will not: a. do business with Iran, Sudan, or a foreign terrorist organization, as defined in Texas Government Code Chapter 2270, as amended; b. boycott Israel as that term is defined in Texas Government Code Section 808.001 and Chapter 2271, as amended; c. discriminate against a firearm entity or firearm trade association as defined in Texas Government Code Chapter 2274, as amended; d. operate as a foreign owned or controlled company in connection with a critical infrastructure project as defined in Texas Government Code Chapter 2275, as amended; or e. boycott energy companies as defined in Texas Government Code Section 809.001 and Chapter 2276, as amended. 14. Authority. The signatories to this Agreement hereby represent that they have full legal authority to execute this Agreement on behalf of their respective entities. Page 89 of 115 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement, or caused the same to be executed by its duly authorized representative. PEDERNALES CREATIVE ARTS ALLIANCE By: Date: Printed Name: Title: CITY OF FREDERICKSBURG, TEXAS By: Date: Clinton Bailey, City Manager Page 90 of 115 Exhibit A Page 91 of 115 Page 92 of 115Glockenspiel Concept 1-30-26 Aerial View from Main Street Page 93 of 115Glockenspiel Concept 1-30-26 Aerial View from Maibaum Page 94 of 115Glockenspiel Concept 1-30-26 Ground View from Maibaum Courtyard Page 95 of 115Glockenspiel Concept 1-30-26 Ground View from Oktoberfest Halle Page 96 of 115Glockenspiel Concept 1-30-26 Aerial View from Austin Street Page 97 of 115 Proposed Glockenspiel Vereins Kirche 46'-3" Bell Tower 45' Approx. 4' Total Ht. Diff. Maibaum 37' Adelsverein Halle 27' Oktoberfest Halle 20' Grade at VK is approx. 2'-8" Higher in Elevation than Grade at Proposed Glockenspiel locations Elevation from Austin Street Page 98 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Secretary TO: Mayor & City Council Members FROM: Leticia Vacek, City Secretary MEETING DATE: February 17, 2026 CATEGORY: OTHER ACTION ITEMS AND UPDATES CAPTION: Consider approval of the Contract with the Gillespie County Elections Administrator for Joint Election Services for the City of Fredericksburg's General Election to be held on May 2, 2026. (Leticia Vacek, City Secretary) SUMMARY: Attached is the Election Services Contract to be conducted by the Gillepie County Elections Office Staff and Elections Administrator with oversight by City Secretary Leticia Vacek. BACKGROUND: In the past, the city provided separate election services for city elections without appropriate security of the paper non-voted and voted ballots. Redundant paperwork by separate Judges/Clerks will reduce costs and provide for a more efficient manner to qualify and process voters. The Elections Office has provided the City and the School the appropriate contract for approval by the respective boards. FUNDING SOURCE: The City Elections are FINANCIAL IMPACT: budgeted annually. The fiscal impact to the city will decrease due to pro-rated and shared expenses in the conduct of a Joint Election with the FBG-FISD. STAFF RECOMMENDATION: City Secretary Vacek recommends approval of the Joint Contract for joint election services. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Workforce Tourism City Center Mobility Small Town Sensitive Growth Governance Page 99 of 115ATTACHMENTS: 1. FBG City and FISD Combined Contract 5-2-2026 APPROVAL/REVIEW: Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Clinton Bailey, City Manager Page 100 of 115 Jim Riley Elections Administrator PO Box 351 Gillespie County Fredericksburg, Texas 78624 Office (830) 997-6518 elections@gillespiecounty.org CONTRACT FOR ELECTION SERVICES February 10, 2026 City of Fredericksburg General Election Fredericksburg Independent School District Trustee Election Fredericksburg Independent School District Bond Election Election Day - May 2, 2026 This contract for election services made by and between the City of Fredericksburg, the Fredericksburg Independent School District, hereafter called ENTITIES and Gillespie County Elections Administrator, hereafter called CONTRACTING OFFICER is based on the following: The ENTITIES and CONTRACTING OFFICER have determined that it is in the best public interest of the residents of the ENTITIES that the following contract be made and entered into for the purpose of having the CONTRACTING OFFICER furnish the ENTITIES certain election services and equipment needed by the ENTITIES for their May 2, 2026 Election for City of Fredericksburg. DUTIES AND SERVICES OF THE CONTRACTING OFFICER: 1. Receive and process Early Voting for Ballot by Mail at Elections Office located at 95 Frederick Road, Fredericksburg, Texas 78624. MAILING ADDRESS: PO Box 351, Fredericksburg, Texas 78624. 2. Facilitate Early Voting by Personal Appearance, from April 20 – 28, 2026, at main Early Voting location 95 Frederick Road, Conference Room, Fredericksburg, Texas 78624. 3. Provide voted ballots and necessary paperwork to the Early Voting Ballot Board who will meet at the Gillespie County Elections Office, 95 Frederick Road, Fredericksburg, Texas 78624, on May 2, 2026 and other dates as prescribed by law to process Ballots by Mail and Provisional Ballots. 4. Provide election training for all Early Voting and Election Day workers on equipment, paperwork and procedures. 1 Page 101 of 115 5. Procure and provide election supplies for the Early Voting and Election Day Judges as used by the County for their contracted elections. The equipment used will be the HART InterCivic Scanners and DUOS for recording the votes. The KnowInk Poll Pads will be used for the certifying of the voters during checkin. 6. Prepare and provide adequate election poll book(s). 7. Provide the Official Registered Voter lists to the ENTITIES, upon request. 8. Have personnel available in Elections office from 7am – 7pm on May 2, 2026 to assist with any Voter Registration related questions and as needed outside these hours, including the listed days of Early Voting. 9. Deliver all contracted voting equipment and election supplies for Early Voting to polling location. 10. Have Election Judges retrieve all contracted election supplies for Election Day on May 2, 2026. 11. Return voting equipment and supplies from Early Voting after polls close on April 28, 2026. 12. Provide advisory services for the administration and supervision of the election. 13. Meet ADA requirements for the election, as the law relates to polling locations, voter assistance, and other ADA requirements, if any. 14. Report precinct results to the Secretary of State, post on the Gillespie County Election Website and provide a link to the ENTITIES, if required. 15. Prior to the start of early voting provide to the ENTITIES a written copy of the OLRV being used for the election. 16. Maintain election materials (voted ballots) and paperwork in secured storage for the allotted time as prescribed by law. DUTIES OF THE ENTITIES: 1. Prepare all election orders, the Notice of Election, and publish the Notice of Election as required by law. These are to be provided also, to County Elections for publication on its website. 2. Provide the County Elections Office with ENTITIES ballot information. ENTITIES shall conduct its ballot position drawing on or about, February 20, 2026. 3. Deliver notice of the election to the CONTRACTING OFFICER not later than the 60th day before the Election Day, Saturday, March 2, 2026. 2 Page 102 of 115 4. Procure Fredericksburg location and access for Election Day. 5. The ENTITIES shall be responsible for any loss and/or physical damage to the equipment while it is in ENTITIES possession and control. 6. Only the actual expenses directly attributable to the Contract may be charged. (Section 31.100(b), Texas Election Code) The County Elections Officer will submit the actual costs for items contracted for pursuant to this Contract with the ENTITY as soon as all invoices are received from the vendors. The ENTITY agrees to pay costs of the election within thirty (30) ENTITY workdays of receipt of the statement. The fees charged will be shared by the ENTITIES based on a formula using numbers and percentage of voters. GENERAL PROVISIONS: A. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement will be of no force or effect excepting a subsequent written modification executed by both parties. B. NONTRANSFERABLE FUNCTIONS: In accordance with Section 31.096 of the Texas Election Code, nothing in this contract shall be construed as changing: 1. The authority with whom the applications of candidates for a place on the ballot are filed. 2. The authority with whom documents relating to political funds and campaigns under Title 15 of the Texas Election Code are filed; or 3. All required notices by the Texas Election Code for political subdivisions. C. JOINT ELECTION: The parties acknowledge that the Elections Administrator may contract with other entities holding elections at the same time as the ENTITIES on May 2, 2026. They also acknowledge that the ENTITIES may share the early voting location. For the spring of 2026 the Fredericksburg Independent School District will be holding their election. In addition, the Fredericksburg School District will be holding a bond election. All three of these will be held concurrently. D. CANCELLATION OF ELECTION: If either of the ENTITIES cancels its election pursuant to Chapter 2, Subchapter C of the Texas Election Code, the CONTRACTING OFFICER shall only be entitled to receive the actual expenses incurred before the date of cancellation in connection with the election and an administrative fee of $75. The CONTRACTING OFFICER shall submit an invoice for such expenses as soon as reasonably possible after the cancellation and that ENTITY shall make payment therefore within 30 days from the date of receipt. E. PAYMENT: ENTITIES shall pay the CONTRACTING OFFICER’S invoice within 30 days from the date of receipt. F. EXPENSE ITEM LARGER THAN $500: If a single election expense exceeds 3 Page 103 of 115 $500, the CONTRACTING OFFICER reserves the right to invoice ENTITIES for such expense at the time it is incurred, supported by an invoice or receipt, rather than waiting until after Election Day. ENTITIES shall pay such invoice within 30 days from the date of receipt. See attached estimate of expenses (Exhibit C). G. SEVERABILITY: If a court of competent jurisdiction determines that any term of this contract is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby; and each remaining term shall be valid and enforceable to the fullest extent permitted by law. H. CONTRACT COPIES TO TREASURER AND AUDITOR: In accordance with Section 31.099 of the Texas Election Code, the CONTRACTING OFFICER agrees to file copies of this contract with the County Treasurer of Gillespie County, Texas, the County Treasurer of the City of Fredericksburg, the Treasurer of the Fredericksburg Independent School District and the County Auditor of Gillespie County, Texas. I. CHOICE OF LAW AND VENUE: This agreement is entered into under and pursuant to and is to be construed and enforceable in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue shall be in a court of competent jurisdiction in Gillespie County, Texas. J. RELATIONSHIP OF THE PARTIES: Each party to this contract, in terms of the performance of this contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. K. FORCE MAJEURE: In the event that CONTRACTING OFFICER shall be prevented from performing any of its obligations due under the terms of this contract by an act of God, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, the CONTRACTING OFFICER shall be excused from such obligations beyond control and undertakings set forth under the terms of this agreement X X Matt Seidenberger Jeryl Hoover FISD Board President Mayor City of Fredericksburg X X Leticia Vacek Jim Riley City Secretary, City of Fredericksburg Elections Administrator, Gillespie County 4 Page 104 of 115 EXHIBIT A EARLY VOTING LOCATIONS AND TIME PERIOD April 20, 2026 through April 28, 2026 Early Voting: Gillespie County Annex 3, 95 Frederick Road, Conference Room, Fredericksburg, Texas 78624 Hours 8:00 AM – 5:00 PM Monday through Friday with the following exceptions: Monday, April 27, 2026 and Tuesday, April 28, 2026 – Polls open 7:00 AM – 7:00 PM Voting by Mail: Applications for ballot by mail shall be mailed to: Gillespie County Elections PO Box 351 Fredericksburg, Texas 78624 Applications for ballot by mail must be received no later than the close of business on April 20, 2026. Elections Office located at 95 Frederick Road, Fredericksburg, Texas 78624. 5 Page 105 of 115 EXHIBIT B ELECTION DAY POLLING LOCATION May 2, 2026 All Precincts: Gillespie County Annex 3, 95 Frederick Road, Conference Room, Fredericksburg, Texas 78624 Polls open 7:00 AM – 7:00 PM 6 Page 106 of 115 EXHIBIT C ACTUAL QUOTE ITEM # COST PER ITEM COST COST Rental of Hart Verity Duo & Verity Scan – EV 1 $264.25 x 6 days $1585.50 $1585.50 Rental of Hart Verity Duo & Verity Scan – ED 1 $264.25 $264.25 $264.25 HART Programing Fees POLL BOOK 3 $35 $105 $70 Shipping Media Cards 1 $45 TBD TBD Cost of Ballots TBD TBD TBD Security for Election Day CCS - TBD66.50/HR 0 TBD TBD TBD Security for EV/EVBB - TBD66.50/HR 0 TBD TBD TBD Advertise Logic and Accuracy Testing in Fredericksburg Standard 0 TBD TBD TBD Logic and Accuracy Testing 0 TBD TBD TBD Coordinating and forwarding all election info to Hart, proofing, etc. 0 0 Tabulation of Early and Election Days Results and Canvass Forms $0 $50 Early Voting, Election Day, Central Count Kits 1 $100 $100 $100 1 Judges 4 Clerks X 7 Early Voting workers (8 Members) 0 days TBD TBD Early Voting Ballot Board (3 1 judge & 3 clerk for 3 Members) Manual Count team 0 hours TBD TBD 1 judge, 1 CCM, 1 Central Counting Station (3 Members) 0 Tabulation Sup TBD TBD 2 Judges 8 Clerk’s Election Day workers 0 13 hours TBD TBD Processing Ballot by Mail Requests, postage, etc. $15 $100 SUBTOTAL $2,069.75 $2,194.75 Administrative Costs (10% of total) $206.98 $219.48 GRAND TOTAL $2276.73 $2,414.23 7 Page 107 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: Development Services TO: Mayor & City Council Members FROM: Cliff Cross, Director of Development Services MEETING DATE: February 17, 2026 CATEGORY: OTHER ACTION ITEMS AND UPDATES CAPTION: Consider selection and approval of Kimley Horn to assist the City in the development of a Unified Development Code and authorizing the City Manager to negotiate a professional services contract up to $175,000.00 for the initial phase of the project. (Cliff Cross, Director of Development Services) SUMMARY: Consider selecting Kimley Horn to assist the City in the development of a Unified Development Code and authorizing the City Manager to negotiate a professional services contract up to $175,000.00 for the initial phase of the project. BACKGROUND: The City of Fredericksburg sought proposals from qualified consultant teams interested in assisting the community in drafting and preparing a functional, practical, reasonable, and responsible Unified Development Code (UDC). The project description included the need for overhauling and consolidating the existing development-related ordinances into a single, easy-to-use document that will be housed in a single chapter of the Fredericksburg Code of Ordinances. The primary objective of the UDC will be to provide a regulatory document that will be used to implement The City of Fredericksburg’s 2024 Comprehensive Plan and other Master Plans. The code will be a primary tool to accommodate and manage the growth the region is experiencing, while maintaining Fredericksburg’s exceptional quality of life sustained through its history, cultural identity, environment, geography, architecture, and natural resources. The response submission deadline was Wednesday, December 17th, 2025 at 3:00 pm. cst. The City received 13 responses to the RFQ. Once received, staff evaluated the proposals based upon a ranking system. The ranking system consisted of 5 criteria that included the following: 1. Completeness and Clarity 2. Understanding of Community and State 3. Experience, Knowledge and Reputation 4. Past Performance on Similar Projects 5. Planning Approach and Timeline Upon completion of the individual staff reviews, evaluations, reference checks and discussions staff ranked the individual responses and identified the top four firms, which are the following: 1. Kimley Horn - 91.40 2. Halff - 89.80 3. Kendig Keast - 89.70 Page 108 of 115 4. Freese & Nichols - 89.30 FUNDING SOURCE: 01-27-5015-00 - Development FINANCIAL IMPACT: Services UDC Budget Allocation $175,000.00 STAFF RECOMMENDATION: Based upon completion of the reviews and ranking of the responding firms, staff is recommending Kimley Horn be selected to assist the City in the drafting and formal adoption of a Unified Development Code and further requesting approval authorizing the City Manager to negotiate a Professional Services Contract up to $175,000.00 for the initial phase of the project. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Governance ATTACHMENTS: 1. UDC Final Rating Packet Summary APPROVAL/REVIEW: Date: February 10, 2026 Cliff Cross, Director of Development Services Date: February 10, 2026 Garret Bonn, Assistant City Manager Date: February 10, 2026 William McKamie, City Attorney Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 109 of 115 Unified Development Code Respondent Evaluation Criteria Final Rankings Firm Overall Rank Score Kimley Horn 91.40 1 Halff 89.80 2 Kendig Keast 89.70 3 Freese & Nichols 89.30 4 Page 110 of 115 Unified Development Code Respondent Evaluation Criteria Criteria Maximum Score The maximum score for sub-group(s) is the bold number 100.0 1. Completeness and Clarity: (0-5 Rating For Each Column) 10.0 Submittal of Required Material 0-5 Clarity, Format and Correctness 0-5 2. Understanding of the Community and State 10.0 (0-5 Rating For Each Column) Understanding of Community 0-5 Understanding of State 0-5 3. Experience, Knowledge and Reputation 20.0 (0-5 Rating For Each Column) Project Manager 0-5 Project Personnel and Roles 0-5 Previous UDC and Associated Plan Development 0-5 Credentials and References 0-5 4. Past Performance on Similar Projects (0-6 Rating For Each Column) 30.0 Perform Work as Reqeusted 0-6 Successfully Shepard Similar Projects Through a Development and Adoption Process 0-6 Adaspt to Changing Circumstances 0-6 Respond to Challenges 0-6 Introduce Creative Solutions and Public Engagement 0-6 5. Planned Approach and Timeline (0-30 Rating) 30.0 Team Approach, Innovative Concepts, Creativity 0-30 Page 111 of 115 Unified Development Code Respondent Evaluation Criteria Scoring Summary Firm 1. Completeness and 2. Understanding of the 3. Experience, 4. Past Performance 5. Planned Overall Score Clarity Community and State Knowledge and and Similar Projects Approach and (Max 100) (0-10) (0-10) Reputation (0-30) Timeline (0-20) (0-30) Kimley Horn 10.00 10.00 18.40 26.40 26.60 91.40 Halff 10.00 10.00 18.10 25.60 26.10 89.80 Kendig Keast 10.00 9.80 18.30 25.00 26.60 89.70 Freese & Nichols 10.00 9.50 17.90 26.50 25.40 89.30 Page 112 of 115 CITY COUNCIL AGENDA MEMO DEPARTMENT: City Secretary TO: Mayor & City Council Members FROM: Clinton Bailey, City Manager MEETING DATE: February 17, 2026 CATEGORY: ITEMS FOR FUTURE AGENDA CAPTION: City Manager Bailey will review the Future Agenda Items List with the City Council. SUMMARY: This item is a standing item on each agenda to review upcoming meetings and items. BACKGROUND: Said item has been a longstanding item on each Regular Meeting agenda. FUNDING SOURCE: n/a FINANCIAL IMPACT: n/a STAFF RECOMMENDATION: City Manager Bailey will review the list and request items from the Council for future dates. COMPREHENSIVE PLAN GUIDING PRINCIPLE: Neighborhood Quality Workforce Tourism City Center Mobility Small Town Sensitive Growth Governance ATTACHMENTS: 1. Future Agenda Items List 02-17-26 APPROVAL/REVIEW: Page 113 of 115 Date: February 10, 2026 Leticia Vacek, City Secretary Date: February 10, 2026 Clinton Bailey, City Manager Page 114 of 115 City Council Future Agenda Items/Meetings March 3, 2026 Regular Council Meeting March 3rd Recognition of Frank Stead’s Retirement Lynn Bizzell, Fire Chief March 3rd R-O-W Release – East Orchard Street (Consent) Kris Kneese, PW Director March 3rd Building Code/Fee Structure Amendments Cliff Cross, DSD Director March 3rd Festival Road Closure (Warehouse Row Makers Market on Lincoln St.) Andrea Schmidt, Parks Director March 3rd Quarterly Update from EDC Tim Lehmberg, EDC Director March 17, 2026 Regular Council Meeting March 17th Designation of “StormReady” from the Natl Weather Service Ashley Morris/Jason Runwen, NWS March 17th Ordinances (location for SOB, Vape, & Tattoo Shops, Gaming Parlors) Cliff Cross, DSD Director March 17th Tabled: Ordinance 2025-53: Leaf & Brush Collection Services Tabled by City Council Upcoming Meetings/Events Feb. 24th Citizen University – 6 pm @ Fire Training Room (City Attorney & City Secretary) March 3rd Regular City Council Meeting - 9 am @ City Council Chamber March 11th Coffee with the City Manager - 8am @ Cardinal Room (Speaker: Scott Fair, GCAD) 02/10/2026 Page 115 of 115