STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR SESSION CITY OF GRANBURY * FEBRUARY 1, 2005

Transcription

1 STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR SESSION CITY OF GRANBURY * FEBRUARY 1, 2005 The City Council of the City of Granbury, Texas, convened in regular session on February 1, 2005, 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 V.A.T.C.S., with the following members present: David Southern * Mayor, Place 1 Jake Caraway * Councilperson, Place 2 Jeanell Morris * Councilperson, Place 3 Lisa Johnson * Councilperson, Place 4 Steve Reid * Councilperson, Place 5 Mike Meador * Councilperson, Place 6 AND Harold Sandel * City Manager Dee Arcos * City Secretary 5:30 p.m. A Council/Staff pre-meeting was held in the Council Conference Room. 6:00 p.m. MAYOR CALLED THE REGULAR MEETING TO ORDER. CONSENT AGENDA Approval of minutes of the Council meeting of Councilperson Morris made a motion the consent agenda be approved. Seconded by Councilperson Reid, the motion carried with 5ayes and 0 nays Consider and approve an ordinance adopting and enacting a new updated City of Granbury Code of Ordinances which shall supersede all other ordinances passed on or before March 2, Councilperson Johnson made a motion the ordinance providing for adoption of the new and updated Code be passed and approved. Seconded by Councilperson Meador, the motion carried with 5ayes and 0 nays Consider and approve a lease with J. Sam Heartsill Petroleum Land Service for oil and gas development. This lease will be on the City of Granbury s property located at 3401 Calico Ct., property consisting of approx ac in Hood County, TX. The City of Granbury advertised and received a bid for leasing the above named acres for oil and gas development. A one time bonus payment would be paid to the City of Granbury in the amount of $ per mineral acre for the acres totally $20, In addition to the bonus the City will receive 1/5 (20%) of royalties for any oil or gas produced from the City s acres. These acreage is located at 3401 Calico Court, Hood County, Texas is the City of Granbury s old landfill. Heartsill Petroleum Land Service also has contracts with property owners adjacent to the City s tract. Councilperson Caraway made a motion the proposed lease with Heartsill Petroleum be approved. Seconded by Councilperson Johnson, the motion carried with 5ayes and 0 nays Consider and approve a resolution authorizing suspension of the effective date until May 15, 2005 for the Gas Reliability Infrastructure Program Adjustments proposed by Atmos Energy Corporation s Mid-Tex Division. At the Council meeting of , Council adopted a resolution denying Atmos Energy Corp, Mid-Tex Division s (formerly known as TXU Gas Distribution, a division of TXU Gas Company) request for an annual gas reliability infrastructure program rate adjustment in this municipality so that the Company might pursue a system-wide annual gas reliability infrastructure program rate adjustment with the Railroad Commission of Texas. City Attorney Olson commented the proposed new resolution would rescind and replace Resolution No , adopted by Council on Councilperson Reid

2 made a motion the new resolution replacing and superseding Resolution No , and authorizing suspension of the effective date until May 15, 2005 for the Gas Reliability Infrastructure Program adjustments proposed by ATMOS, be approved and adopted. Seconded by Councilperson Caraway, the motion carried with 5ayes and 0 nays Consider and adopt a resolution whereby the City Council of the City of Granbury, Texas requests that the members of the 79 th Legislative Session consider and approve legislation that Hood County be included and made a part of the Weatherford College District service area. Adoption of this resolution was tabled at the last Council meeting. Councilperson Meador made a motion this item be taken off the table and that it be removed from the agenda. Seconded by Councilperson Johnson, the motion carried with 5ayes and 0 nays. REMOVED FROM THE AGENDA Public hearing regarding a request of Team Vino, LLC, D Vine Wine of Texas for a Specific Use Permit to allow for a brew-on-premise winery and tasting area at 107 E Bridge Street; and consider and approve an ordinance providing for said SUP. Mayor opened the public hearing and asked for opinions for and against this SUP request. Councilperson Reid and Councilperson Caraway commented they would not be participating in discussion or consideration of this item due to conflict of interest. Both Councilperson Reid and Caraway left the Council meeting. Scott Sopchak, Comm. Dev. Director briefed Council. On December 7, the Planning & Zoning Commission and City Council recommended and approved a revision to the Zoning Ordinance to allow for the consideration of a wine tasting facility. Now that the Zoning Ordinance amendment had been adopted policy, the applicant was requesting an SUP for operation of a Wine Tasting Facility for the downtown storefront location of 107 E. Bridge Street (site of business previously known as Chatterbox ). TABC indicated to Staff that Winerys may be permitted and are held to separate provisional standards than package stores or restaurants. The Winery will be located within the CBD, and private, on-site parking provisions are not required as a part of this proposal. Staff recommended approval of the Specific Use Permit, with the condition that the term of the SUP be tied to the applicant s ability to continually maintain the license with the TABC for operating a Winery. P & Z considered at their meeting of this request and recommended approval with the conditions imposed by Staff. A lapse or expiration of the Winery permit issued by TABC would cause an immediate expiration of the SUP, and would therefore require an SUP renewal by the applicant. Lloyd Barton, SUP applicant, commented D Vine Wine of Texas was a franchise. Their business would be selling wine by the bottle and not by the glass. No other comments were offered by persons in the audience, Mayor closed the hearing. Councilperson Morris made a motion the proposed ordinance providing for the SUP for the winery be passed and approved. Seconded by Councilperson Johnson, the motion carried with 3 ayes, 0 nays, and 2 abstentions. Vote was as follows: ayes: Meador, Morris, and Johnson Abstentions: Caraway and Reid, (conflict of interest) Consider and approve a letter of agreement with Baird, Hampton, & Brown, Inc. to provide professional survey services in conjunction with the development of the Meander Estates Deep Water Well. Councilperson Reid commented he would not participate on discussion/vote on this item due to conflict of interest. Councilperson Reid exited the Council room. Mike McKean, Public Works Director briefed Council. This agreement provided for Baird Hampton & Brown performing a boundary and topographic survey of the well site and sanitary easement being acquired on Cornerstone Christian Academy property adjacent to Meander Road. Baird, Hampton & Brown s services would be charged at an hourly rate fee with a Not to Exceed amount of $2, Funding for this agreement would come from the new water wells account, which was approved in the FY Utility Fund Budget. Staff recommended approval. Councilperson Morris made a motion the proposed agreement with Hampton, Brown for services related to development of Meander Estates Deep Water Well be approved. Seconded by Councilperson Caraway, the motion carried with 4 ayes, 0 nays, and 1 abstention. Vote was as follows: ayes: Meador, Morris, and Johnson and Caraway Abstentions: Reid, (conflict of interest).

3 Consider and approve an engineering services agreement with Baird, Hampton, & Brown, Inc. to provide engineering services (Cost not to exceed amount of $44, ) for South Ables Street drainage from 150 feet east of South Ables Street to West Pearl Street. Mike McKean, Public Works Director briefed Council. The South Ables Street drainage project had previously been designed from 150 feet west of South Cherry Lane to 150 feet east of South Ables Street. This project would continue the proposed open channel from 150 feet east of South Ables Street to West Pearl Street. The project also would include submitting data for FEMA review and approval of the Conditional Letter of Map Revision (CLOMR). Baird, Hampton, & Brown, Inc. agreed to perform said engineering services on an hourly basis with a Not to Exceed amount of $44, This amount included $28, for design engineering and $16,000 for a hydraulics study and CLOMR submittal to FEMA. Funding for this agreement would be paid out of the 1997 Tax/Revenue Certificates of Obligation General Fund Uses account. Staff recommended approval. Councilperson Caraway made a motion the agreement with Hampton, Brown for the S. Ables St. drainage project be approved. Seconded by Councilperson Meador, the motion carried with 5 ayes and 0 nays Consider and approve an engineering services agreement with Enprotec/Hibbs & Todd, Inc. to provide engineering services for the Granbury Cemetery newly acquired 10-acre tract of land. (Cost, $12,000, to be paid by the Cemetery Trust.) Keith Callahan, Community Services Director briefed Council. The Granbury Cemetery Trust acquired 10-acres of land to expand the Granbury Cemetery and the Board of Trustees has donated this acreage to the City on 3/12/04. At the present time, there is no access into that property. This engineering services agreement would provide the necessary engineering documents and design for a box culvert and approximately 200 lineal feet of roadway to cross over the box culvert from high bank to high bank. This would also include necessary bid documents. The Trustees would provide the amount needed for the not to exceed cost of $12, for the project. The Granbury Cemetery Board recommended approval. Councilperson Caraway made a motion the agreement with Enprotec/Hibbs & Todd, for the Cemetery project be approved. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays Consider and approve a resolution order calling the City General Election to be Held on Saturday, May 7, Councilperson Reid wanted to know what the cost to the City would be this year if the Council contracted with the County Clerk. Councilperson Morris commented she felt awkward going into the City Secretary s office while early voting was going on last election. She felt it would be more convenient for people to vote for both City and School races in one polling place. Mayor commented many people had complained to him about having to go two places to vote. He felt if the Council wanted to encourage people to vote, it would be beneficial for the City to hold a joint election. Councilperson Reid commented as far as the parking issue was concerned, he felt it would make more sense to hold the election at City Hall regardless of whether the City did its own election or contracted with the County Clerk. Councilperson Reid commented he thought if the Council did decide to contract with the County Clerk, holding the election at City Hall might be an issue to consider. Councilperson Reid commented he was also concerned with the issue of accuracy. Mayor commented that between the election year when problems were encountered and the election held when Councilperson Morris was elected, the County had changed voting machines and he felt the problems with accuracy had been resolved. Councilperson Reid commented he felt there was a whole set of new issues at the last election in terms of knowing where people were supposed to vote and people being sent to the wrong place. Mayor commented he thought it was incumbent upon Council to work with the news media in getting the information out to them to make sure people knew where they were supposed to vote early and on Election Day. Mayor commented voting had been discussed at the Intergovernmental Coalition meetings. The possibility of letting people vote even when people would turn up at the wrong polling

4 place was a matter the Intergovernmental Coalition was looking into to see if legislation would be passed to allow this. Councilperson Reid commented at the last election he had one person tell him that they had gone to the right place to vote in Acton and the election workers told him that he had to come to City Hall to vote. When the person got to City Hall, he was then told that he had been told wrong and that he indeed had to go back to vote at the Acton polling place. Councilperson Morris questioned if the City were to contract with the County Clerk, would the County Clerk have complete control over the election or would Council have the right to say who the election workers would be. Secretary Arcos commented pursuant to the Joint Election Agreement, the County Clerk was to submit her list of names of Election Judges for formal approval and appointment by Council and pursuant to the Election Code, the Judges themselves would appoint their own Election Clerks who would be working with them. Councilperson Morris asked if Council could recommend people that Council wished to be appointed to work the Election. Councilperson Reid asked who had replaced Marlena Stuckey in the County Clerks office. He was concerned there would be a new and inexperienced person in charge of the Election at the County. Mayor commented he thought the County was going to have to hire an Elections Administrator separate from the County Clerks Office. He felt the County did not understand this yet, but he thought this was something the Council needed to discuss with the Commissioners Court. Councilperson Caraway made a motion the resolution order calling the General Election for the City of Granbury to be held on May 7, 2005, be approved and adopted. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays Consider appointments to the Boards. Councilperson Johnson made a motion the below listed persons be appointed or reappointed to the respective Boards. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. Airport Board reappoint R. Myers and D. Douglass. Electrical Board reappoint J. Molder, T. Taylor, and B. Neighbors. Historic Preservation Comm reappoint G. Joyce, G. Goldston, and G. Pirkle. MUAB reappoint G. Goldston. Parks Board reappoint all J. Snider, L. Smith, R. Brabec, C. Kuban, T. Riley, and J. Cate and appoint Ronnie Boston, 1301 Spanish Moss Dr. to fill vacancy left by Susan Bradbury who resigned Consider a resolution authorizing the submission of an application for Housing Infrastructure Funds. Scott Sopchak, Community Development Director briefed Council. Mr. Vaughan Mitchell requested that a resolution be placed on the agenda regarding the Council s show of support for the submittal of a grant to help in cost recovery for public infrastructure. The proposed project would be located on Davis Road (approximately 12 ac.) behind Uncle B s Bard. Mr. Mitchell expressed the intent to process a voluntary annexation request form, and would like to rezone the property to Multi-Family [MF] during the annexation procedure. Additionally, the property would require platting and the extension of public improvements. Staff met with the applicant for the first time on January 25, 2005 to begin discussion on the design aspects of the property. This Resolution did not financially bind the City for any monetary contribution. It did provide a show of support for the project, and willingness to be a recipient of the funds if approved. Mr. Mitchell commented the proposed project would be senior housing that would consist of 76 units, single story with security fencing. Staff recommended approval of the resolution. Councilperson Morris made a motion the proposed resolution be adopted. Seconded by Councilperson Johnson, the motion carried with 5 ayes and 0 nays.

5 7:10 P.M. EXECUTIVE SESSION Mayor announced Council would meet in closed session Pursuant to SECTION 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 purchasing issues, municipal incorporation, city audit, land use classifications, including both listed and unlisted uses, and litigation, settlement offers, and/or claims for the following cases: Landers Investments, Inc., et al. v. City of Granbury, et al. Cause No. C ; William Jack Wilson, et al v. City of Granbury, et al TML Claim No Crawford Court Condemnation Lanny Aiken et.al. v. City of Granbury, and Leo Ary v. Chris Cogdill, et. al. Reliant Energy, et al v. City of Granbury Pursuant to SECTION TEXAS GOVERNMENT CODE Real Property Matters Deliberation regarding the purchase, exchange, lease or sale of real estate. 8:30 p.m. COUNCIL RECONVENED IN OPEN SESSION Take action if any on any item discussed in Executive Session Approve sale of City asset, 2004 Tahoe. Councilperson Meador made a motion that Council approve the sale of City asset. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. The Mayor proceeded to read the following statement: The Granbury City Council discovered late last summer that the City may have avoided the state bidding law in the purchase of a vehicle for the City Manager. The Council was obviously concerned, and has been looking for a way to rectify this action. It determined after several discussions that the best remedy was for the City Manager to purchase the vehicle at his expense directly from the Dealership and for the City to recoup the purchase price from the Dealership. This action has been taken. The Granbury City Council takes very seriously its duty to uphold State law and believes that this resolution has corrected any irregularities with the original action. There being no further business, the meeting adjourned at 8:35 p.m. Mayor David Southern Attest: Dee Arcos, City Secy.

6