STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR MEETING CITY OF GRANBURY * AUGUST 15, 2006 The City Council of the City of Granbury, Texas, convened in regular session on August 15, 2006 at 6:00 p.m. at the City Hall Council Chambers, 116 West Bridge Street, Granbury, Texas. Notice of said meeting giving date, place, and subject thereof having been posted as prescribed by Article 6252-17 V.A.T.V.S., with the following members: Jake Caraway * Councilperson, Place 2 Jeanell Morris * Councilperson, Place 3 Lisa Johnson * Mayor Pro Tem, Councilperson, Place 4 Laurel Pirkle * Councilperson, Place 5 Mickey Parson * Councilperson, Place 6 AND Harold Sandel * City Manager Dee Arcos * City Secretary Absent: David Southern, Mayor 5:30 p.m. Council/Staff pre -meeting. Staff briefed Council regarding items posted on the agenda. 6:00 p.m. MAYOR PRO TEM JOHNSON CALLED THE REGULAR MEETING TO ORDER. Mayor Pro Tem Johnson recognized Charlie McIlvain, Director of CVB for two awards the City of Granbury CVB received at the recent Texas Association of Convention and Visitors Bureau Annual Conference. These were the following: • 1st Place for Tourism Promotion and • 2nd Place for Advertising, both of these won in the 2006 Idea Fair “People’s Choice” Awards (Budget Category of $350,000 - $999,999). CONSENT AGENDA Approval of minutes of the following City Council meetings: regular meeting of July 18; special meeting of July 24; regular meeting of August 1; and special meeting of August 7, 2006. Councilperson Pirkle made a motion the minutes of the last four meetings be approved. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays. 06-211 Consider and approve an ordinance providing for adopting a uniform pole attachment rate of telecommunications services to City’s utility poles. 06-212 Consider and adopt a resolution naming Compass Bank as the depository for the City of Granbury. 06-213 Consider and approve a construction contract with Insituform Technologies, Inc. with a ‘Not to Exceed’ amount of $71,939.50 for the 2006 Utility Bond Fund. 06-214 Consider and approve an Intergovernmental Agreement between the City of Granbury and the Brazos River Authority for reimbursement of half of the total cost of the sewage pump-out system on Lake Granbury. _____ 06-215 Consider and approve the award of a construction contract to Reliable Paving, Inc., 1903 N. Peyco Drive, Arlington, Texas 76001, for improvements to Lambert Court, East Rucker Street and East Grove Street, based on its low bid of $276,122.15 for street and sanitary sewer improvements and approving the expenditure of $3,000.00 for mobilization costs in a proposed change order. 06-216 Consider and approve an engineering services agreement with Childress Engineers to provide engineering services to prepare a park master plan for the Baseball Complex (Association Fields) Improvements based on hourly rates with a ‘Not to Exceed’ cost of $11,500.00. 06-217 Consider and approve a professional engineering services agreement with Enprotec/Hibbs & Todd, Inc. to provide engineering and surveying services for the Houston Street Sidewalk Rehabilitation project for a lump sum amount of $3,900.00. 06-218 Consider and approve a professional engineering services agreement with Kimley-Horn and Associates, Inc. to provide engineering services for a Reverse Osmosis (RO) Pilot Study at a cost 06-224 Consider and approve a lease agreement with Babe’s – Granbury L.L.C. in accordance with Chapter 380 economic development program. Councilperson Morris made a motion all of the items listed under “Consent Agenda” be approved and that Item #06-224 listed under “Deliberation Agenda” also be approved at this time. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. MOTION CARRIED DELIBERATION AGENDA 06-219 Public Hearing to receive input regarding the proposed City of Granbury 2006-07 Fiscal Year Budget. Mayor Pro Tem Johnson opened the public hearing and asked for opinions for and against the proposed 2006-07 FY Budget for the City. Wayne McKethan, Finance Director commented the proposed budget was presented to Council on August 1, 2006 and a copy filed in the City Secretary’s office for the public to review. The City budget has also been posted on the internet. No comments were offered by persons in the audience. Mayor Pro Tem Johnson closed the hearing and announced consideration and approval of the proposed budget will be held at 6:00 p.m. at the City Council meeting of September 5, 2006 in the City Hall Council Chamber, 116 West Bridge St., Granbury, TX. NO FORMAL ACTION TAKEN 06-220 First Public Hearing to receive input regarding the proposed City of Granbury Tax Rate for Fiscal Year 2006-07. Mayor Pro Tem Johnson opened the public hearing and asked for comments for and against the proposed City of Granbury FY 2006-07 tax rate. Finance Director McKethan briefed Council. City’s ad valorem tax rate is $.4150 after lowering the rate last year from $.4400 per $100 property valuation. The $.4150 rate is the same tax rate being proposed for FY 2006-07. Even though the City was not proposing a tax rate increase, if the proposed tax rate exceeds 103% of the effective tax rate for the City, two public hearings are required to be held to receive comments from the public. Because the City is experiencing such growth in its assessed property valuations (23% in 2006) the City’s effective tax rate has been calculated at $.3663 and _____ since the proposed tax rate is 113.3% of this rate, the City was now required to hold the two public hearings. Property assessed valuations have increased by $134 million from $565 million to $699 million. This has afforded the City to cover the increased expenditures being proposed in FY 2006-07 without having to increase the property tax rate. Staff recommended maintaining the tax rate for FY 2006-07 at $.4150 per $100 property valuations. No comments were offered by persons in the audience. Mayor Pro Tem Johnson closed the hearing and announced the 2nd Public Hearing on the Tax Rate for the City would take place at 6:00 p.m. on Tuesday, August 22, 2006, at City Hall Council Chamber, 116 West Bridge St., Granbury, TX. NO FORMAL ACTION TAKEN 06-221 Public Hearing regarding a request of Ingram Enterprises, LP to Rezone 15.801 acres (1911 Acton Hwy.) out of the Martin Setzer Survey, Abstract No. 502 from Interim Holding/Light Commercial to a Planned Development with a base district of Heavy Commercial; and consider an ordinance providing for said rezoning. Mayor Pro Tem Johnson opened the hearing and asked for opinions for and against this rezoning request. This item was tabled at the last Council meeting of August 1, 2006. Community Development Director Scott Sopchak commented Staff had received a letter dated August 10, 2006 from Jeff Roberts with Ingram Enterprises. Mr. Roberts addressed Council. He commented as indicated in his letter, after careful consideration of Council request regarding fence requirements and due to financial constraints, Ingrams, would not be able to comply with requirements voiced at the last Council meeting, which were that Ingrams install a 6’ stockade fence with 2’ masonry columns on 6’ centers along the street frontage of their property; however, they were willing to provide an opaque, treated 6’ stockade fence surrounding the portion of the property utilized by the plant facilities and to entertain utilizing vegetative screening within their current chain link fence along Acton Hwy. and a portion of Tom Cox Rd. They also hoped to continue improvements by possible demolition of the existing r-panel building and constructing a new masonry storage facility. Mayor Pro Tem Johnson commented it was her understanding it was the consensus of Council that Council was not interested in a chain link fence. Mayor Pro Tem Johnson commented that due to so many letters of surrounding property owners voicing opposition, she would have to ask again if Ingrams was not going to increase their production. Mr. Roberts answered no; they were not increasing production, just improving the facilities. Councilperson Caraway commented he felt people needed to be reminded that if Ingrams was going to increase production, Ingrams would first be required to apply to the State for permits and this would involve holding public hearings and publishing notices in the paper beforehand. Councilperson Pirkle commented he liked the fence put up around the City Water Plant that is located on E. Pearl St. across from the Plantation Inn and asked that Mr. Robertson go by and look at it and consider doing something similar and have the wood treated as soon as possible so it would last. Mayor Pro Tem Johnson asked Mr. Roberts how he felt about this proposal, for them to put maybe brick columns around the plant with metal posts and wider planks. Mr. Roberts commented he thought they could do something at the entrance, possibly in rock or a nice concrete column. Mayor Pro Tem Johnson commented Ingrams would also have to abide by the City’s requirements regarding landscaping. No further comments were offered by persons in the audience. Mayor Pro Tem Johnson closed the hearing. Councilperson Pirkle made a motion to pass and approve the ordinance providing for Ingrams rezoning with stipulations : • That the fence have steel posts, steel connectors and wood framing wider than 4” with rock columns around the front at entrance of property and with metal support ; and • with variances and conditions as recommended by Staff and P & Z as follows: Variance from the screening fence requirement to allow the use of vegetative screening in- lieu of the required opaque screening (stockade fence). New structure would be required to have masonry on 40% of the front face only; concrete plant would be the only use on the property and be restricted to the northern portion of the lot as delineated on the Site/Development Plan, which is shown north of the proposed chain link fence outlined in blue. All area south of this chain link fence would remain vacant unless amended by the PD; a vegetative screening w/ fence to be installed along street frontages and a minimum 6’ high stockade fence to surround the remaining portion of the property used by the concrete plant. Screening fences would be installed before _____ the issuance of a building permit and would provide opaque screening up to 4’ on planting and a minimum of 6’ at full maturity. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. MOTION CARRIED 06-222 Public Hearing regarding a request of Don Howser of Medical Properties, LC to Preliminary Plat a 5.04 acre tract of land situated in the Milam County School Land Survey, Abstract 348 to Lot 1, Block 1 of the Paluxy Medical Plaza; and consider and approve said preliminary plat. This property is located in the 2000 block of S. Paluxy Hwy, west of N. Meadows Dr. Mayor Pro Tem Johnson opened the hearing and asked for opinions for and against this preliminary plat request. Councilperson Jake Caraway commented he would not participate in consideration of this item due to conflict of interest and left the Council room. This item was tabled at the last Council meeting of 8/1/06. Ron Berryman, Assistant City Manager commented he had spoken to Mr. Howser and Mr. Howser had indicated he would be willing to ask for voluntary annexation of the property described above. Mayor Pro Tem Johnson commented she spoke with the Mayor and the Mayor informed her Mr. Howser had indicated they intended to annex within 6 months of completion of the first building and that any building 10,000 sq ft or more would be sprinkled. Mr. Jack Martin, on behalf of Medical Properties, commented it was his understanding Howser Medical Properties had agreed as such and they have spoken to the Fire Marshall and have been made aware of fire regulations. Mayor Pro Tem Johnson asked Mr. Martin if he realized that any of their buildings open and occupied before annexation would be required to pay 3 times the amount of water and sewer rates paid by City residents. Mr. Martin commented they were fully aware of the matter. Scott Sopchak, Comm. Dev. Dir. commented Staff and P & Z were recommending approval of the pre plat as submitted. No further comments from persons in the audience were heard. Mayor Pro Tem Johnson closed the hearing. Councilperson Parson made a motion the preliminary plat be approved as recommended by Staff. Seconded by Councilperson Morris, the motion carried with 4 ayes, 1 abstention and 0 nays. Vote was the following: Ayes: Pirkle, Johnson, Parson, and Morris Abstention: Caraway, (conflict of interest). MOTION CARRIED 06-223 A. Consider and adopt a Resolution whereby Council will direct city staff to begin the annexation proceedings including the construction of the Service Plans for the following areas located contiguous or proximate to the incorporated boundary of the City of Granbury, Texas: a) Involuntary annexation(s) of approximately 575 acres of land and a portion of The FM 167 South Right-of-Way generally located South of US 377 from Granbury’s existing city boundary traversing along FM 167 southward to the community of Acton (SH 4/FM 167 South intersection), then traversing westward along SH 4 towards James Road; b) Involuntary annexation of approximately 200 acres of land and a Portion of the SH 51 ROW located generally north of the City of Granbury, traversing from an area north along SH 51 from the existing city boundary near the Granbury Cemetery towards the existing city boundary located at the Loop 567/SH 51 N. intersection; c) Voluntary annexations of approximately 21.354 acres of land generally located north of the US 377 (behind Ferrell Gas Co.) and to the west of Old Granbury Estates and south of Old Granbury Road, and c) Involuntary annexation of a 20 acre portion of land containing the Railroad ROW located north of the Acton Rd. and US 377. B. Introduce the draft adoption ordinances for each of the areas being considered as required by the Charter of the City of Granbury, Texas. _____ Scott Sopchak, Community Development Director, briefed Council. Regarding area described in (a), Director Sopchak commented there is an intent to stop the proposal from traversing south at approximately Donathan Court. Mayor Pro Te m Johnson asked then if indeed this area now was only being proposed for annexation up to as far as Donathan Court, Director Sopchak answered yes. Regarding area described in (b), Director Sopchak commented this area goes north approximately where the cemetery is and the City is looking at the R-O-W and approximately 1,000 ft. Staff is noticing many substandard metal buildings with respect to the adopted Building Code and this area is an important corridor into and out of the City. The City has since annexed north of the Lake and so the empty areas are being filled in. Regarding area described in (c), this is a voluntary annexation request by Mr. Wayne Prickett on a 25 acre portion of land next to Jason Britt’s property. Mr. Prickett would like to include the area into the corporate boundary in order to dovetail his development with the recently annexed property owned by Mr. Prickett (Ashley Oaks development). Regarding area described in (d), this is a proposed involuntary annexation of approximately 20 acres of land north of the US 377/Acton Road intersection to alleviate snipe signs and banners from being placed outside the corporate boundary but within the Railroad ROW. This property is contained within the Centex Railroad ROW. Mayor Pro Tem Johnson commented should Council adopt this resolution, it would only authorize Staff to start proceedings to annex, but it did not approve the actual annexations being proposed. Councilperson Morris made a motion the resolution be adopted. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. MOTION CARRIED 06-224 – This Item approved under Consent Agenda. 06-225 Consider proposed amendments to the Granbury Home Rule City Charter. Council agreed this item would be postponed for approval at the Special Council meeting on August 22, 2006. City Attorney Wayne Olson commented Council at that meeting would also be approving an ordinance to call the Charter Amendments Election. NO FORMAL ACTION TAKEN Mayor Pro Tem Johnson announced Council would retire to meet in Executive Session. 6:40 p.m. EXECUTIVE SESSION Pursuant to SECTION 551.071 – TEXAS GOVERNMENT CODE – Consultation with City Attorney, pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including seeking legal advice regarding litigation, settlement offers, and/or claims for the following case: City of Cresson vs. City of Granbury Pursuant to SECTION 551.072 – TEXAS GOVERNMENT CODE – Real Property Matters, deliberation regarding the purchase, exchange, lease or sale of real estate. 7:50 p.m. RECONVENE IN OPEN SESSION Take action, if any, on item discussed in Executive Session. Mayor Pro Te m Johnson announced no action would be taken regarding item discussed in Executive Session. There being no further business, the meeting was adjourned at 7:51 p.m. _________________________________ MAYOR PRO TEM LISA JOHNSON Attest: __________________ Dee Arcos, City Secy.