STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR MEETING CITY OF GRANBURY * APRIL 5, 2011

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1 STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR MEETING CITY OF GRANBURY * APRIL 5, 2011 The City Council of the City of Granbury, Texas, convened on April 5, 2011 at 6:00 p.m. in 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.V.S., with the following members present: Rickie Pratt * Mayor, Place 1 Tony Allen * Councilperson, Place 2 Mitch Tyra * Councilperson, Place 3 Lisa Johnson * Councilperson, Place 4 Laurel Pirkle Councilperson, Place 5 Mickey Parson * Councilperson, Place 6 And Ron Berryman * Interim City Manager Dee Arcos * City Secretary 6:00 PM - REGULAR COUNCIL MEETING CALL TO ORDER Mayor Pratt called the regular meeting to order. Jeff Jeffries with Kids Armor of Hope gave the invocation Consent Agenda Minutes of the Council meetings of March 1, 2011 and March 15, 2011 were approved as presented. Deliberation Agenda Jim Leitch, Tourism Advisory Board Chairman will present a report to Council and make recommendations from the Board to help tourism grow in Granbury. Mr. Leitch briefed Council regarding the challenges and opportunities the Tourism Board felt they had to work with, in order to see a rise in tourism in Granbury. After much discussion during board meetings, since the Tourism Board was formed in February, the Board was recommending that Council consider the following: More aggressive marketing /PR/ media relations, especially in the DFW market; More aggressive outbound/direct selling; and Rejuvenating the Granbury brand by selling Granbury s assets and appeal to baby boomers and under with disposable income. Mr. Leitch commented the Board felt one of the crown jewels in town was the Granbury Opera House. The Board recommended Council consider renovating the Opera House following exit of the Texas Family Musicals and hiring a new production company during the renovation period. The Tourism Board felt the time to act was now and asked that Council seize opportunities to make Granbury tourism the best it could be. NO FORMAL ACTION TAKEN Consider and approve closure of the Granbury City Beach from 4:00 PM - 10:00 PM on Saturday, April 30, 2011, to enable the Beach Bash event to be held. Charlie McIlvain, CVB Director briefed Council. The Beach Bash 2011 event is sponsored by the Kids Armor of Hope to help raise funds to benefit a summer camp for abused Hood County children. The event will consist of a concert on the beach with Rotel and the Hot Tomatoes, a well-known Austin Band. The event will be open to the public; however, an admission fee will be charged. Representatives from the Kids Armor of Hope will be instructed to assist in providing access to the beach in the event emergency vehicles needed access to the area during the event. A temporary fence, provided by and erected by the Kids Armor of Hope will be utilized to secure the affected area. Mayor Pratt recommended permanent fencing be installed in the future. Alcohol will not be permitted, sold or consumed inside the secured area. Councilperson Allen asked regarding security. The organizers have made arrangements for several off-duty Granbury Police Officers to assist with the event. Councilperson Parson asked

2 if this event would conflict with the wine walk. Director McIlvain replied there would be no conflict. Staff recommended approval, based on the fact that the event will be held prior, to the actual beach season opening. Jeff Jeffries, representing Kids Armor of Hope commented they would be doing the clean up afterwards. Councilperson Tyra moved this item be approved. Seconded by Councilperson Johnson, the motion carried with 5 ayes and 0 nays Consider and approve temporary closure of the alley behind the businesses located on the west side of the Square, for the Granbury Wine Walk event, from Pearl St north to Bridge St, starting 11:00 AM, Friday, April 29, through 10:00 PM, Saturday, April 30, Consider and approve temporary closure of Pearl St from the GISD parking lot east to Crockett St; Crockett St from Pearl St to Bridge St; and Bridge St from Crockett St, to allow for the Christmas Parade on Friday, November 25, Charlie McIlvain, CVB Director briefed Council. The Granbury Wine Walk is sponsored by the Wine Walk Committee and the Country Christmas Light Parade is sponsored by the Historical Granbury Merchants Association. Both of these events are held annually and both are open to the public. The Granbury Wine Walk will be using The Langdon Center grounds, the Historic Square and The Alley behind the west side of the Square. The Alley, which will be used as an entertainment venue, will be closed beginning at 11:00 a.m. on Friday, April 29th and will be reopened on Saturday, April 30 th at 10:00 p.m. The Country Christmas Light Parade is scheduled for November 25, 2011, from 7:00 p.m. 8:00 p.m. Representatives from each organization will be instructed to assist in clearing the streets and Alley in the event emergency vehicles need access to those areas during the event. Barricades will be used to block off the affected areas. Mayor Pratt asked regarding delivery trucks. Ken Hackett with the Wine Walk Committee commented he has spoken with the merchants and they have all agreed to work with the delivery trucks. Councilperson Parson commented he was concerned with trash piling up. Mr. Hackett commented the committee has spoken with EISI and they will be picking up garbage right before the event. Councilperson Johnson made a motion to approve the temporary closure of the Alley for the Wine Walk event. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays. Councilperson Johnson made a motion to approve the temporary closure of the specific streets for the Christmas Parade. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays Consider and adopt a resolution authorizing and directing the Financing Team to proceed with process of issuing refunding bonds in order to realize interest savings. John Martin, Financial Advisor for the City, briefed Council. There is an opportunity to refinance bonds (Series 2001 CO's, 2003 CO's, 2004 GO Refunding and the 2005 CO's) at a lower interest rate that would result in net cost savings to the City of at least 3% (approximately $200,000). They would not move unless there would be significant savings. The proposed resolution would instruct the Financing Team (appropriate City officials, Southwest Securities, as the City s Financial Advisor, and Fulbright & Jaworski, L.L.P., as the City s Bond Counsel) to go forward with the process of preparing to issue the bonds and return to Council by May 3, 2011 with an ordinance to approve sale of the bonds and authorizing the issuance of the refunding bonds. Mayor Pratt asked Finance Director Wayne McKethan if he thought the City needed to take the savings over a 4 year period or the other option taking the lump sum savings basically in the second year of refinancing. Director McKethan commented he thought the interest rates were going up and so to him it made more sense to take the lump sum over the two year period. Councilperson Johnson made a motion to adopt the resolution authorizing and directing the financing team to proceed with the process of issuing refunding bonds in order to realize interest savings. Seconded by Councilperson Allen, the motion carried with 5 ayes and 0 nays.

3 11-62 Consider and adopt a resolution intending to enter into an economic development agreement (Chapter 380 Agreement) with Weatherford College. Kevin Myers representing the Technology and Education Task Force, briefed Council. Weatherford College plans to open a new satellite campus in Granbury. The College will bring new jobs to Granbury as well as making the public more employable by providing an affordable college education. Mr. Myers commented right now there are 389 students from Hood County who attend Weatherford College. GISD is going to allow Weatherford College to use GISD s old Elementary School building (the only two story school building in Granbury) located on Bridge St, to house their satellite campus. The College will be offering 2 year degree programs. It will cost students $99.00 per semester hour, which would translate roughly between $1200 and $1500 per semester if a student were attending full time. The County will be participating also. The City Staff and the College are currently negotiating an economic development (Chapter 380) agreement, which will be presented to Council for approval. The 380 agreement would be for a 3-year term. In return for the College opening and maintaining the campus in Granbury, the City would provide monthly payments to the college for the duration of the agreement. The amount of the payments would be determined by Council. Councilperson Tyra moved that $3,000/month be provided in the 380 Agreement. The motion was seconded by Councilperson Johnson. Councilperson Pirkle commented he was very happy the College was coming to Granbury. Mayor commented he understood the Agreement would be for 3 years with no benchmark stipulations. The motion carried with 5 ayes and 0 nays Consider and approve an ordinance establishing a Temporary Moratorium on Article 11, Section 11.7.B.7, of the City of Granbury Zoning Ordinance, Ordinance , as amended. The purpose of the temporary moratorium is to solely and specifically temporarily suspend the administration and enforcement of the requirement of providing thirty percent (30%) masonry on a non-conforming structure prior to the issuance of a Certificate of Occupancy (C. of O.). Scott Sopchak, Assistant City Manager briefed Council. On March 15, 2011, under a general discussion regarding development regulations, the City Council directed Staff to prepare an adoption ordinance to establish a temporary moratorium on the City s requirement of providing thirty percent (30%) masonry on a non-conforming structure which is not expanding its building footprint prior to the issuance of a Certificate of Occupancy (C. of O.) under the zoning ordinance. The proposed draft ordinance would also specify the term of the temporary moratorium, as June 1, 2011 through May 31, 2014, after which the moratorium will expire and become void. If passed, any C. of O. request which would be presented to the City within that time frame would not need to comply with Section 11.7.B.7 (place 30% masonry on a nonconforming building) of the Zoning Ordinance prior to the issuance of a C. of O. Councilperson Parson questioned if there would be a possibility that business xyz would come back later and ask why they were required to put in masonry and now others were not being required to do so. He asked if this ordinance would affect landscaping. Assistant Manager Sopchak replied no, the zoning ordinance is the one which provides for landscaping requirements. Mayor Pratt commented his proposals are business friendly since there are two kinds of businesses, those that operate on a shoestring and those that do not. Councilperson Tyra commented he thought this would set some incentive for business growth. Following discussion Councilperson Johnson commented she wanted to reiterate she felt strongly this was a business un- friendly ordinance to all the businesses that have come to Granbury before now and abided by the City ordinances and have taken steps to upgrade to change the look of Granbury and one can see the difference in how Granbury looked 20 years ago and how it looks now. Councilperson Allen made a motion to accept the moratorium on the masonry as presented. The motion was seconded by Councilperson Tyra. Mayor Pratt commented he was the one who had proposed this ordinance and he felt his proposals are business friendly. He thought if a landlord is able to rent his building and a new business is able to start, and start generating some sales tax revenue, and provide employment for those citizens who are out of work, then that is being business friendly. Councilperson Tyra commented Council had to do things, according to the time frame they live in, to make decisions based upon economic development to try to stimulate growth.

4 Debra Davis, 612 W Bluff, commented she was in favor of the proposal, but did not want open ended approval. Mrs. Davis also wanted Council to consider one ordinance that would address all three, masonry, landscaping and signage. She felt P & Z also needed to consider these items. Mayor Pratt commented he wanted to clarify that Mrs. Davis was a member of P & Z Commission. Ken Hackett, 2715 Harborside, commented he had invested a lot of money to bring his buildings up to standards and is competing with businesses in the County. Mr. Hackett commented he did not want an open ended approval and thought it was not fair to existing taxpayers. Following lengthy discussion regarding certificates of occupancy and the time limits to be imposed on the moratorium, Mayor Pratt called for the vote on the motion made by Councilperson Allen and seconded by Councilperson Tyra to approve the moratorium. The motion failed with 2 ayes and 3 nays. The vote was the following: AYES: Allen and Tyra NAYS: Parson, Pirkle, and Johnson MOTION FAILED Mayor Pratt opened the public hearing on the following two requests of Eagle Stone Supply, rezoning and SUP requests Public Hearing regarding a request of Eagle Stone Supply to rezone 100 Industrial Ave., being the western portion of Lot O of the Granbury Industrial Park, from Interim Holding to Industrial; and consider and approve an ordinance providing for said rezoning. Scott Sopchak, Assistant City Manager briefed Council. The applicant, Pedro Aguado was requesting to expand the existing stone yard to the undeveloped tract of land to the west of the existing operation. A concrete approach has been installed along E. Hwy 377 to support the undeveloped tract. The applicant was planning to connect the existing drive approach off of Industrial Ave. with a new drive approach along E. Hwy 377. At their meeting of March 21, 2011, P & Z by unanimous vote, recommended approval of the rezoning as submitted by the applicant Public hearing regarding a request of Eagle Stone Supply for a Specific Use Permit for 100 Industrial Ave., to allow an expansion of the existing stone yard to the western portion of Lot O of the Granbury Industrial Park; and consider and approve an ordinance providing for said SUP. Assistant City Manager Scott Sopchak briefed Council. The applicant, Pedro Aguado has been made aware of the landscape requirements associated with the change of zoning. An Industrial Zoning district requires 8% of the site to be landscaped and for it to be located within the front yard. A 15 landscape buffer is required along E. Hwy 377. The existing stone yard is currently classified as legal non-conforming as it is currently zoned HC/SUP (stone yard now requires I/SUP). The owner is not required to rezone the property until such time a new use would be proposed, which was not permitted within an HC zone. At their meeting on March 21, 2011, P & Z recommended by unanimous vote, approval of the SUP with the following stipulations: 1. All loading bins shall be enclosed on three sides with stone to conceal the material within the bin; 2. The outside storage of stone/rock materials shall be on palettes and not placed on the ground, and; 3. A stone screening wall will be constructed along US 377 between the required 15 landscaping buffer and the common ROW and property line. The design and construction shall match the material, height and design requirements of the existing stone wall encompassing the existing stone yard located to the east. Following discussion on both of Eagle Stone Supply rezoning and SUP requests, Mayor Pratt recommended moving these two items to be considered later on in the Council meeting in order that Staff and the applicant work out some agreement regarding restriction of uses on his property. Mayor Pratt opened the public hearing on the following two requests of TX Lakes, Inc., rezoning and final plat requests Public Hearing regarding a request of TX Lakes, Inc. to rezone a acre tract of the John Chenowith Survey, Abstract # 118 from Interim Holding IH to a Planned Development with a base district of Patio Home PD/PH ; and consider and approve an

5 ordinance providing for said rezoning. The property is located at 1241 Abe s Landing Dr., north of 3526 Abe s Landing Dr. Assistant City Manager Scott Sopchak briefed Council. The applicant was requesting to rezone 7 lots along the lake to a planned development with a base district of patio homes (PH zoning). The applicant was also requesting a variance to establish minimum side setbacks at 5 in lieu of a minimum of 8 on one side and 10 on the opposite side. A 35 front building setback has also been established (PH district requires 25 ). At their meeting on March 21, 2011, P & Z by unanimous vote, recommended approval of the rezoning as submitted by the applicant. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Tyra moved that Council approve the rezone request of TX Lakes Inc. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays Public hearing regarding a request of TX Lakes, Inc. to final plat a acre tract of the John Chenowith Survey, Abstract # 118 as Lots 20-26, Block 4 of the Abe s Landing Addition, Phase Three D; and consider and approve said final plat. This property is located at 1241 Abe s Landing Dr., north of 3526 Abe s Landing Dr. Assistant City Manager Scott Sopchak briefed Council. The applicant was proposing to final plat the property to allow for the future construction of single family residences along the lake. The proposed final plat was consistent with the preliminary plat on file with the City. Public water and sewer mains have been installed with previous phases as well as private roadways and street lights. The following variance was being requested by the developer under the plat application in order to support the proposal as presented. P & Z and Council have previously approved this variance on previous lake-lined lots. Variance request to Section 3.3.A to not provide a 5 side and rear utility easement. The properties are located along the lake and all infrastructure is currently served from the front of the lot. In order to approve the variance, City Council needed to make the following findings as evidence the variance was found valid: The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, and; The variance will not, in any manner vary, the provisions of the Zoning Ordinance or Future Land Use Plan, Thoroughfare Plan, and other adopted Plans, except that those documents may be amended in the manner prescribed by law. At their March 21, 2011 meeting, P & Z unanimously recommended: Approval of the variance to Section 3.3.A to not provide a 5 side and rear utility easement and conditional denial of the final plat, with the condition being that the site shall be cleared of all structures (and potential build line and property line encroachments) from the site, prior to filing for record. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion to approve the variance request and conditionally deny the final plat with the conditions recommended by Staff and P & Z. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of GDC Development, LLC to final plat a acre tract of the John A. McCreary Survey, Abstract # 386 as Lot 1, Block 2 of the Triple B Addition; and consider and approve said final plat. The property is located west of Corporate Dr., between Old Granbury Rd. and E. Hwy Mayor Pratt opened the public hearing. Assistant City Manager Scott Sopchak briefed Council. The applicant was final platting a single lot that was proposed within a previously approved

6 preliminary plat. The developer was pursuing the construction of a 6,000 sq. ft. dental office on Lot 1, Block 2. The applicant has provided a cash escrow equal to $57, for 1/2 the cost of construction of N. Cleveland Rd., installing a sidewalk along the west side of N. Cleveland Rd., installing street light at the intersection of N. Cleveland Rd. and installing an 8 water main and fire hydrant along the western boundary of N. Cleveland Rd. A Public Improvements Agreement (PIA) has also been submitted for the installation of a fire hydrant along E. Hwy 377 to support the dental office. Since the cost estimate for the PIA is less than $25,000, the PIA will be executed by Staff. P & Z at the March 21, 2011 meeting recommended approval of the final plat. No comments were offered by persons in the audience. Mayor Pratt closed the hearing. Councilperson Parson made a motion to approve the final plat request of GDC Development. Seconded by Councilperson Johnson, the motion carried with 5 ayes and 0 nays Public hearing regarding a request of Steven & Patricia Heitz for a Specific Use Permit for 100 Waterford Ct., for an un-hosted, 2 guest suite, Bed and Breakfast; and consider and approve an ordinance providing for said SUP. Mayor Pratt opened the hearing. Assistant City Manager Scott Sopchak briefed Council. The applicant was requesting approval to allow for the weekend rental of their current residence. The rental would operate as a 2 guest suite, un-hosted Bed and Breakfast. The applicant has availed their intent to focus the rental of the lake front residence primarily during the summer months. The required 2 parking spaces are provided on subject property and will not be facing adjoining properties. At their meeting on March 21, 2011, the P & Z Commission unanimously recommended approval of the SUP application for a two (2) guest suite, un-hosted Bed & Breakfast for a term of three (3) years from the date of Council approval, after which the SUP shall automatically expire and become null and void. No comments were offered by persons in the audience, Mayor Pratt closed the hearing. Councilperson Tyra moved to approve the SUP request as presented for 3 years. Seconded by Councilperson Parson, the motion carried with 5 ayes and 0 nays. Mayor Pratt opened the public hearing on the following two requests of Billy Smartt, rezoning and development plat requests Public Hearing regarding a request of Billy Smartt to rezone 1401 Fall Creek Hwy, being a 3.0 acre tract of the Benjamin Green Survey, Abstract # 196 from Interim Holding to Planned Development with a base district of Industrial PD/I ; and consider and approve an ordinance providing for said rezoning. Scott Sopchak, Assistant City Manager briefed Council. This property was annexed into the City of Granbury in Dec Post annexation, the applicant, Billy Smartt without City approval, proceeded with the development of the site to support a gas drilling service operation. A new metal building was constructed and supported an office and equipment warehouse. In addition, a septic system and water service line to an existing well was installed. Mr. Smartt was approached by the City to remedy the existing Zoning Ordinance, Subdivision Ordinance and TCEQ regulation violations. Mr. Smartt then submitted the necessary applications for P&Z and Council to review their proposal in July of Both the rezoning request and development plat request were denied. Mr. Smartt then entered into a Settlement Agreement with the City on July 8, Mr. Smartt has availed his intent to proceed with the rezoning in order to conform to City requirements. The applicant has made substantial improvements to the site to support the existing uses. Such improvements include the installation of a stockade screening fence with masonry columns; additional landscaping along all perimeter boundaries; and added masonry to the existing metal building. The added landscaping and screening fences will provide buffers to surrounding, undeveloped property. At their meeting of March 21, 2011, P & Z recommended approval of the rezoning. Mayor Pratt commented there was one surrounding property owner, who had submitted their letter indicating they were against the rezoning request of Mr. Smartt. No comments were offered by persons in the audience, Mayor Pratt closed the hearing. Councilperson Parson made a motion to approve the ordinance providing for rezoning for 1401 Fall Creek Hwy. Seconded by Councilperson Allen, the motion carried with 5 ayes and 0 nays.

7 11-71 Public Hearing regarding a request of Billy Smartt to Development Plat 1401 Fall Creek Hwy, being a 3.0 acre tract of the Benjamin Green Survey, Abstract # 196; and consider and approve said Development Plat. Assistant City Manager Sopchak briefed Council. The applicant was requesting to development plat the property to alleviate a previous violation of the Subdivision Ordinance. The Subdivision Ordinance requires any development within the City of Granbury to occur on platted property. The platting process ensures adequate infrastructure is installed to support the proposed development. As mentioned in the rezoning request submitted in conjunction with this development plat request, the applicant made improvements to the property prior to platting the property and violated the Subdivision Ordinance regulations. The proposed Development Plat would not create a lot of record, but instead, would provide the City the opportunity to review the development and infrastructure necessary to support the development. The following variances were being requested by the developer under the plat application in order to support the proposal as presented. Variance is requested to Section 3.9 & 4.5 to not extend an 8 sewer main along Fall Creek Hwy. Variance to Section 3.1 & 4.10 to not improve Fall Creek Hwy to an urban standard street. Variance to Section 3.6.A.4 to not extend a commercial sidewalk along Fall Creek Hwy. Variance to Section 4.8 to not install standard street lights along Fall Creek Hwy. Variance to Section 3.9 & 4.6 to not extend an 8 City water main through the street frontage of the property and tie on. In order to approve the variances, City Council should make the following findings as evidence the variances were found valid: The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, and; The variance will not, in any manner vary, the provisions of the Zoning Ordinance or Future Land Use Plan, Thoroughfare Plan, and other adopted Plans, except that those documents may be amended in the manner prescribed by law. At their meeting of March 21, 2011, Staff and P & Z made the following recommendations. Conditional denial of the variance to Section 3.9 & 4.5 to not extend an 8 sewer main along Fall Creek Hwy with the following conditions imposed prior to gaining approval of this variance. o That the following note be added to the plat: At such time when wastewater becomes available to the property, the property owner agrees to extend wastewater mains across the front of the property at its sole cost and tie into the centralized main. Wastewater shall be deemed available when the property is located within the minimum distance required by the then current City Code for connection to the City wastewater supply. Required design and construction shall be in accordance with the policies of the City at that time. The property owner covenants and agrees that upon the failure of the property owner to extend wastewater mains as required, the City shall be authorized to provide for such extension and to charge the then current property owner for the costs of same and/or to place a lien upon the property to secure said costs. Upon recording of this plat in the City Secretary s Office of the City of Granbury, this obligation shall be a covenant running with the land., and; Conditional denial of the variance to Section 3.6.A.4 to not extend a commercial sidewalk along Fall Creek Hwy with the following conditions imposed prior to gaining approval of this variance: o That the following note be added to the plat: At such time when the City of Granbury approves a Capital Improvements Program (CIP) or TXDOT begins construction to improve Fall Creek Hwy fronting the property to an urban standard street (curb & gutter section), the property owner agrees to construct, or if requested by the City, escrow funds to

8 the City of Granbury to construct a commercial sidewalk across the front of the property. Required design and construction shall be in accordance with the current policies of the City s at that time. The property owner covenants and agrees that upon the failure of the property owner to either construct the sidewalk or escrow funds to the City of Granbury upon request equal to the cost of constructing the sidewalk within six (6) months from the date of Council approval of the CIP or six (6) months from the completion of the urban standard street by TXDOT, the City shall be authorized to provide for such extension and to charge the then current property owner for the costs of same and/or to place a lien upon the property to secure said costs. Upon recording of this plat in the City Secretary s Office of the City of Granbury, this obligation shall be a covenant running with the land. Approval of the variance to Section 3.1 & 4.10 to not improve Fall Creek Hwy to an urban standard street. Approval of the variance to Section 4.8 to not install street lights along Fall Creek Hwy. Partial Approval of the variance to Section 3.9 & 4.6 to not extend an 8 City water main through the frontage of the property. The applicant has proposed to escrow what was determined to be during the Settlement Agreement his proportionate share of $37,500 for the future extension of a City water main. In addition, fuel storage shall not be permitted on the site until such time an adequate City water main is extended through the street frontage of the property and the Fire Inspector approves an adequate fire suppression system on-site. Staff and P & Z recommended conditional denial of the Development Plat as presented with the conditions itemized above. Mr. Smartt, 4301 Cresson Dr. commented he wanted to become compliant to be in conformance with City requirements and regulations. No other comments were offered by persons in the audience. Mayor Pratt closed the hearing. Councilperson Parson made a motion to approve per P & Z recommendations as outlined above. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of Larry & Joan Gehrke and Larry & Nancy Covey to replat a portion of Lot 1 and all of Lot 2 of the Oak Trail Plaza Addition as Lot 1R-1 and 2R of the Oak Trail Plaza Addition; and consider and approve said replat. The property is located at 3128 and 3130 Oak Trail Drive and 2606 and 2700 Lipan Hwy. Mayor Pratt opened the hearing. Assistant City Manager Sopchak briefed Council. The applicants were proposing to replat the subject property to allow for a land swap between the two owners. A handshake agreement was originally made between the owners in the 1990 s and now, both owners would like to formally file the required deed information to record the title transfer. As the property is within the City of Granbury s ETJ, the property is required to be replatted according to the proposed deed lines prior to title transfer. No development of any kind was being proposed, the replat will simply allow for the proper title transfer, consistent with the current fencing and uses on the property. The following variances were being requested by the developer under the plat application in order to support the proposal as presented. Variance is requested to Section 3.9 and 4.5 to not install an 8 sewer main along Oak Trail Dr. and Lipan Hwy. Variance requested to Section 3.9 and 4.6 to not install an 8 water main along Oak Trail Dr. and Lipan Hwy. Variance to Section 3.1.E and 4.10 to not improve Lipan Hwy or Oak Trail Dr. to an urban standard street. Variance to Section 4.8 to not provide urban street lights along Oak Trail Dr. and Lipan Hwy. In order to approve the variances, City Council needed to make the following findings as evidence the variances were valid: The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

9 Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, and; The variance will not, in any manner vary, the provisions of the Zoning Ordinance or Future Land Use Plan, Thoroughfare Plan, and other adopted Plans, except that those documents may be amended in the manner prescribed by law. The developer has agreed to add the following note to the replat in order to solely allow for the title transfer of property consistent with the previous handshake agreement between the two adjoining property owners. The note allows for the developer to proceed with the platting of the property without detailed infrastructure and drainage (flood plain) review, but it prohibits any type of further development on the property (see below). The sole purpose of this Replat is to allow for the title transfer of the northeast portion of Lot 1 to create Lot 2R and for the title transfer of the western portion of Lot 2 to create Lot 1R-1. Such transfer of land had been informally agreed to by the owners of record of both properties on an earlier date and this Replat s sole purpose is to record the aforementioned earlier agreement. The Replat does not guarantee adequate improvements are in place to support future development. Further, future utility and drainage studies will be required by Hood County or the City of Granbury, the entity having jurisdiction for review and approval, prior to further development of the property. By signing this Replat, the owners agree and covenant to the land, its future owners, successors and assigns, that no development of any kind shall commence, nor shall any building permit, utility connection permit, electrical connection permit or similar permit be issued, for any development or land subdivision on Lot 1R-1 without first obtaining approval from Hood County or the City of Granbury, the entity having jurisdiction for review and approval of the proposed development. Development shall include but not be limited to grading, paving, public or private utility construction or the construction or expansion of any building, structure or improvement of any nature. At their meeting on March 21, 2011, Staff and P & Z recommended approval of the replat as presented with the partial approval of the variances as follows: Partial approval of the variance to Section 3.9 and 4.5 to not install an 8 sewer main along Oak Trail Dr. and Lipan Hwy. Partial approval of the variance to Section 3.9 and 4.6 to not install an 8 water main along Oak Trail Dr. and Lipan Hwy. Partial approval of the variance to Section 3.1.E and 4.10 to not improve Lipan Hwy or Oak Trail Dr. to an urban standard street. Partial approval of the variance to Section 4.8 to not provide urban street lights along Oak Trail Dr. and Lipan Hwy. Partial approval was being recommended based on the fact that Staff was comfortable proceeding with the replat with the addition of the detailed note restricting all future development on the site. The applicant is aware and has agreed to the note as they currently have no plans for development. No comments were offered by persons in the audience, Mayor Pratt closed the hearing. Councilperson Tyra moved that Council approve the replat and with recommendations of P & Z on the variances. Seconded by Councilperson Johnson, the motion carried with 5 ayes and 0 nays. 8:15 PM Mayor Pratt commented Council would take a short recess. 8:28 PM Meeting was reconvened. 8:29 PM - EXECUTIVE SESSION- Mayor announced Council would meet in closed session Pursuant to the Texas Open Meetings Act, Chapter 551 of the TEXAS GOVERNMENT CODE, the City Council may convene in Executive Session to deliberate regarding the following matters: SECTION Consultation with Attorney. The City Council may convene in executive session to consult with its attorney on any posted agenda item, when the City Council seeks the advice of its attorney about pending or contemplated litigation, a settlement offer, or on a

10 matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of Chapter 551, including open meetings, open records and the following items: Pearl Street Signal Condemnation 8:38 PM - RECONVENE IN OPEN SESSION Take any action that may be necessary pursuant to the items discussed in Executive Session. Councilperson Parson made a motion that the City Attorney be authorized to execute a perpetual access and parking easement in exchange for the condemnation property located at 622 E Pearl St, needed for the Pearl St signal light. Seconded by Councilperson Allen, the motion carried with 5 ayes and 0 nays Rezoning, Eagle Stone Supply SUP, Eagle Stone Supple Mayor Pratt commented at this time, Council would continue with public hearing and consideration of the rezoning and SUP requests of Eagle Stone Supply. Applicant, Pedro Aguado and Tim Moltz, representative for Mr. Aguado addressed Council. Mr. Moltz commented a suggestion had been made earlier about restricting some of the uses on Mr. Aguado s property. Some of these uses included the following: tire retreading, recycle center, recycling plant, manufactured home displays sales and service, industrial manufacturing storage, contractor storage shop and yards, adult and entertainment uses, non cosmetic tattoo parlors and piercing studios, night clubs, kennels without outside pens, and dance hall. Mr. Moltz commented Mr. Aguado was in agreement with these. Ken Hackett, Harborside Dr, addressed Council. Mr. Hackett commented he owned the property, Hilltop Business Park, (zoned LC) adjacent to Eagle Stone Supply and had noticed, with the intensification of the Stone Supply business, there had now been a lot more dust. Mr. Hackett asked if the entire lot would be required to be paved to control the amount of dust. Scott Sopchak, Assistant City Manager commented the City does require an approved hard surface, be it the hot mix asphalt with concrete or the concrete. Scott said if there was an issue with dust that could be addressed in the rezoning application. Mr. Hackett also complained about the open storage and commented the intensified use of Mr. Aguado s business was going to have an effect on his tenants and asked that screening be required between the common property line of the two properties. Mr Moltz commented most of their customers going in and coming out, were using the concrete drive coming in off of Industrial Blvd, which ended in a cul-de-sac. A new concrete driveway which was added using a TXDOT permit has also been built up to the property. What Mr. Aguado was going to do was, extend concrete from that new driveway that has been built; come up and turn and tie it in to the cul-de-sac, so there would be a continuous concrete drive running from Hwy 377 up to the new property; turning to the right and then running all the way up to Industrial Blvd, so the main traffic pattern would be concrete. Mayor Pratt asked how wide the concrete drive and the approach on the Hwy side, would be, Mr. Moltz replied 30 ft. Mr. Moltz commented regarding the fence, they were planning to go higher with the screening wall along the west side of the property, adjacent to Mr. Hackett s business, and then on the north side, the back side of Mr. Aguado s property. No other comments were heard from persons in the audience. Mayor Pratt closed the hearing on the rezoning and on the SUP requests. Motion on rezoning. Councilperson Tyra moved that Council approve the rezoning from IH to I with the following use prohibitions, (as agreed to, by the applicant during this public hearing): Tire retreading; recycling center; mobile & manufactured home display, sales and service; Industrial manufacturing with outside storage; contractors storage shop & yard; adult entertainment uses; non-cosmetic tattoo parlors; piercing studios; night clubs; animal kennels with outside pens; and dance hall. Seconded by Councilperson Parson, the motion carried with 4 ayes and 1 nay. AYES: Parson, Tyra, Pirkle, and Johnson NAY: Allen

11 Motion on SUP. Councilperson Tyra moved that Council approve the SUP with recommendations of Staff and P & Z. 1. All loading bins shall be enclosed on three sides with stone to conceal the material within the bin; 2. The outside storage of stone/rock materials shall be on palettes and not placed on the ground, and; 3. A stone screening wall will be constructed along US 377 between the required 15 landscaping buffer and the common ROW and property line. The design and construction shall match the material, height and design requirements of the existing stone wall encompassing the existing stone yard located to the east. The motion was seconded by Councilperson Johnson. Councilperson Parson commented he wanted the motion amended to include that the stone screening wall on the west side be raised to 8 ft. Councilperson Johnson commented she did not think this was as important as extending it down the west line. Councilperson Parson asked if the applicant agreed to pave at least the 30 ft roadway into the property and into the right. Councilperson Johnson commented the applicant had agreed. Councilperson Tyra commented he would amend his motion. Councilperson Johnson agreed to the amendment. Assistant City Manager Sopchak commented he wanted to be clear on what the Council specific requirements would be and stated what he understood them to be as follows, that the west wall would be 6 ft, and the wall along US 377 would be the same as the existing wall of 4 ft. Manager Sopchak commented he wanted Council to understand that once the wall got to 6 ft, it would have to be engineered. He commented anything between 6 ft to 8 ft, if the Council was comfortable with that, Staff would work with that. Councilperson Tyra commented the only difference was the continuation of the west screening fence, was going to be a minimum of 6 ft and the applicant could build it higher, if he wanted to do that. Manager Sopchak commented the concern was there were other area requirements regarding fence height and this might be a variance to the ZBA issue, so if Council would stipulate 6ft to 8 ft would be good. Mayor Pratt asked Councilperson Tyra and Councilperson Johnson were ok with this and they both agreed. Mayor Pratt called for a vote. The motion carried with 5 ayes and 0 nays Consider and approve request of Staff to write off inactive utility accounts with balances outstanding one year or more. Wayne McKethan, Finance Director briefed Council. Each year the utility billing system clears old, inactive accounts off the books that have unpaid balances which are less likely to be collected as they age. These are written off against the allowance for bad debts. This allows the amount shown in the General Ledger as Customer Accounts Receivable to be more accurate, rather than having an inflated number with little likelihood of collection in its entirety. The auditors have advised Staff that utility write-offs of approximately ½ of 1% (.50%) of total utility billings is within an acceptable, very conservative range. Utility customers to be written off totaled $79, Staff was also asking this year approval to write off 10 uncollectable returned checks accumulated over the past few years. These checks were not utility payments, which could be applied back to utility accounts. Attempts of Staff s or the County Attorney s Office, to collect these have proven unsuccessful because the individuals have left the state or are incarcerated. All of these accounts would be turned over to Credit Systems International for professional collection efforts. In the past twelve months, Credit Systems International has collected $2, in utility bad debt accounts the City had sent in. The City s computer system retains the information on bad debt accounts, showing unpaid balances. When these people try to re-enter the City service area, Staff can collect the amount owed before utilities are connected. This also allows Staff to require a higher deposit for these customers to help offset any future losses. Councilperson Allen made a motion to approve the write-offs. Seconded by Councilperson Parson, the motion carried with 5 ayes and 0 nays.

12 OPEN MIC The following persons gave their comments to Council. -Fletcher Benson, 3601 W Holiday Estates, commented he was upset with the attitude of AMUD towards Granbury and asked the City play hardball with them and pass some kind of ordinance to tell BRA the City is not interested in them. -Keith Tipton, 420 W Bridge St, concerned with noise level of loud mufflers of cars and trucks around the Historic Square and asked that the City enforce the noise ordinance. -Jean Cochran, 422 W Doyle, commented the correct way to pledge the Texas flag should be with hand over heart not extended out towards the flag. -Debra Davis, 612 W Bluff, submitted a letter to Council with her recommendations regarding moratorium on building standards. Mrs. Davis asked that masonry, landscaping, and monument signage be relaxed for a period of 3 years and suggested a stair-step method for businesses to get those requirements completed. -Stephen Foster, 1110 Mambrino Hwy, commented he agreed with Mrs. Davis and asked that Council consider rewording the moratorium proposals. There being no further business, the meeting was adjourned at 9:09 PM. Attest: Rickie Pratt, Mayor Dee Arcos, City Secy.

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