PUBLIC HEARING Approval of Rezoning Application from R5to C1 to allow for small hotel/ lodging, Located at 515 3rd Street, Blanco, Texas Block 11, Lots Pts 2&3 & all 4&5, Acres 1 (Owner: R.L. Toms, Inc., Lyndi Achilles) OF Citp of lanco TEXAS P.O. Box 750 Blanco, Texas 78606 Office 830-833-4525 Fax 830-833-4121 11-7-22 STAFF REPORT: 515 3rd Street Zone change request DESCRIPTION: Request by owner/applicant to change the zoning of an .80 acre tract of land from R-51 transition to C-1. ANALYSIS: The applicant R.L Toms, owns a. .80 acre tract south of 3rd street and east of Elm Street al half block off ofUS2 281. This corner property is adjacent to the Uptown complex which is commercial. The property has been operating as Henry House which is an assisted living facility and was previously a nursing home. This facility has 21 rooms with common areas for sitting, cooking, strolling and other activities conducive to assisted living. Nursing Homes are allowed ini the R-5 by Special Use. Due to business reasons the applicant closed down Henry House and The site is zoned R-5 with property zoned C-1to the east and north, R-51 to the west and south oft the property. Arezone from R-5 to C-1 would not be considered Spot zoning because there is property that is C-1 adjacent to the proposed project. Hotel use is not allowed ini the R-5 district by right or by Special Use thereforea C-1Commercial designation would be required to The Comprehensive plan discusses the need for "infill." The property was being used for a light commercial purpose and the proposed use would allow for an existing facility to stayi in use. The current property was built as a nursing home and therefore it has few options that would work in its current configuration. Most oft the rooms have bathroom facilities but not kitchens P&Z and later Council will have to make a determination if a rezone will allow for the best use for this property. Other things to consider will be the impact of a re-zone ont the surrounding neighborhood. Staff will later determine if the proposed site plan (building plans) fit within the is looking to establish a small hotel on the site. operate al hotel. which would make multi-family housing infeasible. code and zoning that has been established fori this property. TEXAS Staffrecommends to P&Z that they recommend approval of the rezone to City Council. The biggest issue will be parking but that is an issue that will be resolved by staff when the applicant submits building plans. Incoming traffic will come from US 281 as 3rd Street is a One-way. Outgoing traffic will go out on Elm Street. The biggest reason for supporting the a commercial zone is that al hotel use makes sense for that area and is one oft the few uses that can be utilized with little improvements to the property. FISCAL IMPACT: 21 room small hotel could bring in Hotel Motel taxes. Property would probably increase in ad valorem value as a commercial property. RECOMMENDATION: R-5to C-1. Staff recommends that P&Z provide council aj positive recommendation to approve the zone change from RECEIVED OCTOETT2 City of Blanco Application for Variancel Request/Special Use permit 1. Owner Information (the holder (s) ofal legal or equitable interest in the Subject Property as shown by the deed records of Blanco County. Property owner'si full legal name: Property owner'sr mailing Address: City: Blanco Home Phone: Email Address: R.L. Toms, Inc. Lyndi Achilles P.O.BOX356 (5153dST State: Work Phone: gradyeir@gyic.com Texas ZipCode: Cell: 210-844-8449 78606 2. Applicant Information (a person Seeking approval of an application; ; can be the Owner or Designated Representative of the Owner) X Same as Owner (if checked, skip to Section 3) Applicant's fulll legal name: Applicant's mailing address: City: Home Phone: Email Address: State: Work Phone: Zip Code: Cell Phone: 3. Designated Contact (the individual who the Owner or Applicant has Chosen to receive all communications. on his/her behalf related to the Application): Same as Owner (skip to section 4) Contact name: Contact mailing address: City: Home Phone: Same as applicant (skip to! Section 4) State: Work Phone: Zip Code: Cell Phone: 4. Additional Information Required Of Business Entities Only: Is1 The Owner a Corporation or Partnership? Yes (complete this section) No (skip and go to section 5) Attach a letter on company stationery, signed by an authorized individual, authorizing the Applicant tot file an Application on behalf oft the company. Not Applicable. The Companyi is serving as the Applicant. 5. Owner's/Applicants Certification Ihereby certifthat thei information provided herein is true and correct to the best of my knowledge. Signature: Date: Printed Name: Lyndi Achilles 1 City of Blanco Application for a Variance Request Property Information 1. Owner Information: Property Owner's Full Legal Name: Rtfoms,ehites 911 street address of property (if established) 515 3RAST Legal Description: Blanco, BLK11, Lots P52838A1485, Acres1 2. Property Information (the property or1 tracti fory which this application has been submitted.) Lot: Abstract: Block: Subdivision: Sec: Phase: Ifnot located in Subdivision: Survey: Recorded (Vol/Page) 3. Type of Variance being requested 1. Sign 2. Building setback 3. Administrative 4. Special Use 5. Other (please Explain). Change In Zoning All Applicants Complete the Following: Ordinance and section being appealed R5 Requirements of Regulation Variance Sought from requirements Request for Commercial Zone so as to allow asmall Hotel 2 Hardship Findings (attach additional sheets if necessary): Describe the actual situation of the subject property and any special or unique condition(s) found thereon which may cause unusual and practical difficulty or unnecessary hardship if Applicant Is madet to The Building's original use was a Nursing Home, and then Assisted Living., so it is very limited on it's use. Thel big lobby, the layout of the building, parking, close proximity to town and the area in Describe how strict enforcement of the provisions oft the ordinance that are sought to be varied will (A) deny the applicant the privileges or safety commonly enjoyed by neighboring or similarly situated propertyi int the City of Blanco with similarly timed development and (B) deprive the Applicant the reasonable use of his/her land, and that failure to grant this variance would result in undue hardship to The use of the building is very limited. The expense of utilities, taxes, etc. do not allow for many Describe how the granting ofay variance will not be detrimental to public health, safety, and welfare, will not bei injurious to other property, or will not prevent the enjoyment/use of adjacent property owners: The area in which the building is located is in somewhat of a "commercial area" and would only add to the appeal of staying right in town with access to everything. Short term stays, adequate parking, the street being one way and only renting 21 rooms should not affect the area negatively. Describe how the hardship sought to be avoided is NOT the result of (A) the applicant'sown actions The building has served the elderly in Blanco and surrounding areas for over 40 years, And would still bei in operation ifit was financially feasible. COVID, inflation (high costs of utilties, food, taxes, etc. comply with strict enforcement of the ordinance: which it is located are perfect for a small Hotel. the Applicant: affordable uses. (selfi imposed or self created) and /or (economic or financial hardship) and the low census have had al huge impact on the industry. Describe how the variance willi improve the functionality of the property: The abiltiy to open a small hotel will be a great use oft the property with very little financial hardship. And many opportunities in the future. Attach any requested building plans, site plans, plats, surveys, or any other pertinent documents having anyi importance to this request behind this sheet and list documents and descriptions below: 1. The layout of the building, large lobby, kitchen, private rooms, additional parking, etc. 2. The location of the building in relation to the square, iti is in walking distance to the square, 3. te river, many businlesses, etc. 4. 5. 6. 7. 8 3 9. Owner's/ Applicant's Certification: Ihereby certify and agree to thet following: 1. Ihave carefully read the complete Application and know all statements herein and int the attachments hereto are true and correct to thel best of my knowledge. 2. The Owner of the Subject Property, if different from the Applicant, has authorized the submittal 3. No work in relation to the requested variance may start until such varlance is approved by the 4. Variançe approval may be revoked ifanyi false statements are made herein. 5. As the Owner oft the above property or Duly Authorized Applicant, Ihereby grant permission to the City of Blanco, its employees, officers and Duly appointed board and commission members to enter the premises to make all necessary inspections and to take all other actions necessary of this application. City Council oft the City of Blanco. to review and act upon this Application. Signature: Print Name: Date_ Achilles 10-1-2022 6 Required Documents for Variance Submittal 1. Legal description and plat of subject site. Two (2) copies of field note description typed and attached on a separate sheet (plain bond paper, not letterhead, or the subdivision name with lot and block 2. Map, clearly showing the site in relation to the adjacent streets and distance to the 3. Names and Addresses of legal property owners within 200 feet of the block or parcel (this can be obtained at the Blanco County Appraisal District located at 615 number. nearest thoroughfare. Nugent Ave. Johnson City, TX 78636. (830)838-4013.) 4. A completed application. 5. Af filing fee of $750.00 plus $7.58 per property owner within 200 feet. 15D loulz B5/ 4 Legend Basemap Layers City Limits County Boundary Zoning AG C1 GUI I1 R1 R2 R3 R4 R5 1623 301 303 305 307 309 207 302 304 X 306 308 310 aant 205 206 206 - 203 204 03 /201 202 202 201 9 101 00 103 9B E as A AL 104 ep 102 Blanco CAD Property Search Property ID: 1742 For Year 2022 9Map 07250 2844 E99 6978 5691 CES6 8796 1052 00050 00963 E17 10753 €208 1576 A-1 4242 40907 22670 22170 16279 626 6205 0003 Property Details Account Property ID: Geographic ID: Agent: Type: Location Address: Map ID: Owner Owner ID: Name: Mailing Address: % Ownership: 1742 Legal Description: BLANCO, BLK1 ",LOTPIS2838ALL485,ACRES10 1406001001 Real 5153RD ST BLANCO, TX78606 C5 Neighborhood CD: BL-COMM 11722 RLTOMS INC POBOX356 BLANCO, TX78606 100.0% is made in cash, its equivalent, or in financing, if any, may be the financing 4. Payment financing terms. specified 5. Specified in actually for the property type appraisal date. or on terms generally available in its locale on the effective place effect, if any, on the amount of market value of atypical financing, revealed in the appraisal 6. The services, or fees shall be clearly and precisely report."2 IDENTIFICATION OF THE SUB.JECT PROPERTY is located in the City of Blanco, Blanco southeast corner of the intersection of Third 1 subject property suntsa Texas, at the consist of a 62-bed nursing home Elm Streets. The improvements tract of land. The project is known as the Center. The site is legally described as mcated on a 0.80 acre anco Mills Nursing Ihows: tract of. land out of the H. Eggleston League being Lots 4 and 5, the north 1/2 of Lot. A 0.80 acre Survey No. 24, 3, and part of Lot 2, County, Texas. BJock 11, City of Blanco, Blanco Institute of Real Estate Appraisers of the National 2American 123. Dictionaryof Real Estate Appraisal, ssociation of Realtors; The 3 l'repareu Dy IV Stasy Bdi UI CAus UI ust "J To select: the pruper or4 blank spaces, strike out jorm provisions or insert V91 pR NOTICE special terms constitutes the practice of lny No "standard form" can meer all requirements., WARRANTY DEED (LONG FORM) THE STATE OF TEXAS COUNTY OF BLANCO KNOW ALL MEN BY THESE PRESENTS: That we, SUNRAY CORPORATION, and RAY J. HYMEL, individually and PAUL B. NICKS, individually, of the County of consideration of the sum of Blanco and State of Texas ($10.00) for and in DOLLARS Ten' and. No/100-- and other valuable consideration to the undersigned paid by the: grantee herein named, the receipt of which is hereby acknowledged, (1) The assumption by the Grantee of the unpaid' principal balance of that, certain first and superior Dèed, of Trust lien payable to First Federal Savings and Loan Association in New. Braunfels, Texas, and being. secured by a Deed of Trust. against the above described property.to W. B. Nuhn;, and being duly recorded; ànd (2) the assumption of a. second lien Deed of Trust, dated September. 9, 1975, in the original Bindseil, and. being secured by a Deed of Trust) of record in Volume 43, Page 114, Deed of Trust Records of Blanco County, Texas, John Stevenson, dated June 3, 1975, in the original principal amount of principal amount of payable to: Hilmar Bindseil. and wife, Cora Trustee; have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto R. L. TOMS, INC.. a Texas Corporation of the County of Blanco and State: of Texas all of of the County of consideration of the sum of Blanco and State of Texas ($10.00) fora and in DOLLARS Ten and. No/100-- and other valuable consideration to the undersigned paid by the: grantee herein named, the receipt of which is hereby acknowledged, (1) The assumption by the Grantee of the unpaid' principal balance of that certain first and superior Déed of Trust lien payable to First Federal Savings and Loan Association in New. Braunfels, Texas, and being. secured by a Deed of Trust against the above described property. .to W. B. Nuhn, and. being duly recorded; and (2) the. assumption of a second lien Deed of Trust, dated September 9, 1975, in the original Bindseil, and, being secured by a Deed of Trust of record in Volumé 43, Page 114, Deed of Trust Records of Blanco County, Texas, John Stevenson, dated June 3, 1975, in the original principal amount of principal amount of payable to Hilmar Bindseil and wife, Cora Trustee; have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL. AND CONVEY unto R. L. TOMS, INC., a Texas Corporation of the County of Blanco : and Stateof Texas all of the following described real property in Blanco County, Texas, to-wit: All that certain tract or parcel of land lying in and being situated in Blanco. County, Texas, a. part. of and out of: the H. Eggleston League Survey Number 24, and a part of. and, out of Old Blocks Number 20, ANNA HARRISON ADDITION to the Town OE Blanco, Texas, and being Lots 15 and 16) PARADISE HEIGHTS SUBDIVISION: of thé. Town: of Blanco, Texas, as shown on the map or plat of such Subdivision recorded in Volumé 673 Page32, Deed Recoras of Blanco- County, Tèxas being known, as. Sunnyside Nuxsing Home. 679 TO HAVE AND TO HOLD theabove described premises, togethér with. all and singular the rights and appurtenances thereto in anywise belonging, unto the said. grantee: its suççessors and assigns forever; :: and it doeferebv bind itself.. its successorswwee SKE6 tA WADDANIT AND FOREVER DEFEND all and. singularthe said premises unto the sàid grantee its successor boirs and assigns, against every person whomsoever) lawfully'claiming or to claim' the same or any part thereof. EXECUTED this 27th day of July A.D.19 76. President ndividyally NICKS, individually SUARATPBEPRATION ByST. 7 Ekehh Py PAUL RAV HVEEM irst Party in Joint Venture Agreement Venture Agreement faukp. Tuicke PAUL B. NICKS, Third Party, in Joint EXECUTED this 27th day of July ,A.D,19 - 76. SUMPAYPREPRATION By. SMm 1 1 RAY PAUL YMEL, President" ndividyally NICKS, individually Bafe - Lateh HLw faul Tiicke RAV PVT Eixst Barty in Joint Venturé Agreement Venture Agreement PAUL B. NICKS, Third Party, in Joint (Acknowledgment) THE STATE OF TEXAS COUNTY OF BEKAR Before me, the undersigned. authority, on: this day personally àppeared BRLT. HYMEL and PAUL B. NICKS, ksowh. dsde the pèrson.s.. whose name s.aresubseribed to the foregoing instrument, and acknowledged to me: that..J. they executed the same for the purposès and consideration therein expressed.. : Given underrgy hand and seal of office on this the ,A.D.19 76, i Notary Publici in and. for Bexar E Cointy,Texas: (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me, the undersigned. authority,ont this day personally appeared known to mei tol be the person, whose name subscribed to the foregoingi instrument, and acknowledged tos me that_. he. executed the same for thé purposes and consideration therein expressed. Given under my hand and seal of office on this the day of Notary Public in,and for ,A.D.19 County,Texas. (Corporate acknowledgment) THE STATE OF TEXAS COUNTY OF BEXAR President décorporâtion," Before me, the undersigned authority, on this day personally.appeared, RAY J. HYMEL of SUNRAY. CORPORATION, a corporaton wa known to me to bt the pèrson whose name is subscribed to the foregoing instrument, and acknowledged to me that Axegatadsibame for the purposés and çonsideration therein expressed, in. the capaçity therein stated and as the act and deed of iven" under mny hand. and seal of. office on this the ,A.D.19 76, Bexar : Notary Publiç in and for FILED TOR RECORD AUGUST 2nd, 1976 at 8:28 A. M. JEPFY B. FURBER, CIERE, BLANCO COUNTY, TEXAS RECORDED AUGUST 2nd, 1976 at-10:15-A- a GoogleMaps 5153rdSt Google Imagery 02022 CAPCOG, CNES/ /Airbus, Maxar Technologies, Mapc data 02022 Google 50ft 515 3rd St Blanco, TX78606 Building a Directions Save Nearby Send to phone Share Photos GoogleMaps 5153rd'St HIlIO Country Hydro GaR23) West- Athsi a ints Sr Blancol Pioneer) Museum VPostal Service First Assembly 300E BBQ ofGodChurch e inshop Texas Cannon Brewingo Company Blanco River Pizza f Texas Regional Banik RedbudCafe OUniteds States / 3rds ptonn Blanep, 3rds BCC- Blanco County Customs 3rdst lenry, House Water Tree 5153rdst. Blanco, TX7 78606 Blanco Floral, ande Ens w Onthe Square 90 Cranberry's Antiques Antique Spinnerz Laundromat 2ndst Daou Blanco ChurchofChist 9 Bindseil CityPark Esperanzay Winery RainBirdGallery Relaxi Wellness Spa& Salon) 9 ATMIP Dlazal Google Map data 02022 Google 100ftL P23 515 3rd St Building Directions Save Nearby Send to Share phone 5153 3rd St, Blanco, TX 78606 Photos GoogleMaps 5153rdSt 3rdst tyCustoms Blanco Jazels! Hairs Barber Shop Water Tree 3rdst LINGNeS 3rdst E 9 Assisted HenryHouse Living) 5153rdsL, Blanco, TX78606 HaDiidao Blanco ande Google Map data 02022 Google 20ftL PPOPPBE PARHING VOT FoN EXTLA PMNINLT 101 TE UET PF ThB WVEMINGT. 5153rd St Building Directions Save Nearby Send1 to Share phone 5153 3rd St, Blanco, TX7 78606 Photos STAFF CITY HALL STAFF POLICE DEPARTMENT BLANCO POLICE DEPARTMENT MONTHLY STATISTICS 2022 Crime Statistics Major Crimes Assaults Sexual Offenses Other Burglaries Residence Vehicle Business Theft Criminal Mischief Alcoho/Violations Narcotics Violations Arrests Individuals Adult Juvenile Offenses Felony Misdemeanor Filed by CID Calls for Service Total Calis for Service Assist EMS Assist Fire Assist Other Agency Assist Public Accidents Disturbances Suspicious Activity Alarms Animal Calls City Ordinance Viol. Traffic Entorcement Citations Warnings Speeding D.L. Violations Registration Insurance Stop Sign/Light Equipment Other YTD 10 1 2 0 2 0J 2 3 1 0 O 0 0 0 0 0 1 0 O 0 0 O OJ 0J OJ 0J 0J 0 O 0 0 O 0 0J 0 0J 0J O 0 1 O O 0 0 0 0 1 0 O 0 0 0 O 0 0 0 0 O O 0 1 O 2 4 2 0J 3 4 2 2 5 0 O 2 3 2 2 3 2 1 1 1 1 3 0 2 8 4 3 2 3 3 5 8 2 1 9 3 O 7 3 6 10 4 6 61 9 10 41 41 5 5 10 4 1 5 8 10 4 4 5 5 0] OJ 5 1 1 0 0 0 0 0 17 6 5 6 16 17 6 5 5 7 12 4 0 2 7 5 O 2 2 2 5 2 5 4 9 12 6 3 3 5 0 4 10 3 6 2 9 1 1 1 237 238 324 287 312 258 259 257 216_224 17 9 15 6 13 12 17 12 8 7 17 5 8 8 3 5 4 4 1 2 18 7 25 21 16 20 27 34 32 25 2 11 9 7 13 6 2 6 13 8 6 4 1 11 5 8 9 7 15 9 8 2 5 6 6 4 5 2 3 2 13 14 30 28 24 13 14 19 15 16 19 7 2 5 14 8 4 3 6 6 1 7 9 7 6 6 9 9 3 4 1 5 2 3 0 3 3 5 0 0 40 25 32 54 58 51 56 48 58 69 84 106 84 123 143 147 95 130 119 121 19 7 21 21 25 26 29 22 39 27 7 1 2 6 12 13 13 7 9 5 5 2 4 8 11 10 11 5 7 6 0 3 1 7 4 7 7 8 2 4 3 1 1 7 1 2 0 0 2 5 0 0 0 0 6 2 1 1 0 O 6 11 3 5 10 5 41 9 4 9 32 15 27 31 34 40 30 12 18 28 15 16 18 12 11 11 16 14 17 15 0 O 0 1 OJ 0 0 1 O 0 82 81 115 108 110 68 93 106 63 89 1 24 17 29 44 63 56 90 36 54 37 2612 116 57 225 77 75 43 186 74 61 22 491 1152 236 75 69] 43 22 10] 66 0 267 145 2 915 Other Time OutofCity Record Requests Golf Cart Permits Home' Watches CONSENT ITEM #1 REGULAR MEETING AND PUBLIC HEARING OF THE GOVERNING BODY OF THE CITY OF BLANCO Meeting Minutes October 11, 2022 A regular meeting and public hearing of the City Council, City of Blanco, Texas was held on October 11, 2022, at 6:00 pm at the Gem of the Hills, 2233 US 281, Blanco, Texas. The meeting was called to order at 6:02 pm by Mayor Rachel Lumpee, followed by roll call (Laurie Cassidy) announcing a quorum was present. The Pledge of Allegiance was led by Mayor Lumpee. Council members present: Mayor Lumpee, Mayor Pro-Tem Barron, and Council Members McClellan and Thrailkill. Council Members Smith and City staff present: Warren Escovy, Laurie Cassidy, Sasha Ricks, Jonathan Wheeler, Divine were absent. and Chief Scott Rubin. Mayor Lumpee made the following announcements: lam sO excited to announce that the City of Blanco has achieved Gold Status for Scenic City Certification. The Scenic City Certification Program is' "to support and recognize the Texas municipalities thati implement high-quality scenic standards for public spaces" which include having higher municipal standards, environmental conservation, economic growth and growth management, and high quality ofl life for citizens. There are currently 91 certified Scenic Cities. This application was completed by citizens (myself included) who volunteered their time- not City Staff. City Staff was present alongside me at the Scenic City Award Ceremony that took place ati the Texas Municipal League Conference last week because they were attending the conference and wanted to support the ch/sachevement.lwoud like to give a big thanks to all Blanco County burn ban remains on at this time and is set to expire at noon on Oct. 25. lusually announce all the upcoming events around town during this time, butIrealize thisi isa lot ofi information. lencourage everyone to look at the calendar ofe events that can bei found on the City'swebsite and lalso encourage citizens to sign up fori the Chamber's bi-weekly blast which contains information about upcoming events around town as well. The Blanco Rotary Club is collecting coats for H.O.P.E. ministries from Oct. 6-21, 2022. The United Methodist Church's pumpkin patchi is open Monday- Friday 4-7 and Sat-Sun from 11-7 Blanco Market Days will1 take place on Oct.: 15 from 9t to 4 on the Courthouse lawn. Thel library is hosting a Family Fall Day event on Oct. 151 from 10:301 to 12. Our next HWY: 281 Task Force meeting will be at: 11 a.m. on Oct. 24 at the Byars Building. Real Ale Ride will take place on Oct. 29. Parking and on-site registration will open at Real Ale Brewing Echo Gallery willl be hosting its second "Noche en Blanco" event on Oct. 30 from! 5-8. Trick or Treat on the Square will take place on Halloween, Monday, Oct. 31 at! 5:30 p.m. those who helped with this application. The City of Blanco remains on Stage 2 water restrictions. until Oct. 31. Texas Marigold Festival will take place Oct. 22-29. Company at 6:30a.m. 1IPage City Council Minutes -October 11, 2022 The Buggy Barn Museum willl host its Family Fun Day on Nov.! 51 from 9a.m. to! 5 p.m. Trails, Tales, and Tunes event willl be! held at the Gem oft the Hill on Nov. 6a at5 p.m. We are about a year away from the annular solar eclipse which will occur on Oct. 14, 2023. The Blanco County Eclipse Task Force is actively working to help prepare for this eclipse. More Lastly, lwould like to congratulate our City Secretary, Laurie Cassidy, for passing her final Texas Municipal Clerks Association exam last month. Mrs. Cassidy is officially a certified municipal clerk. We appreciate her taking the initiative to obtain her certification and are beyond proud of information can bei found at Blancocountyecipseor her accomplishment. Congratulations, Mrs. Cassidy! Public Comments: Wendy Smith, Blanco resident spoke regarding Rocky Road Estates, asked the City to resend the establishing of that subdivision plat which she stated was Gail McClellan, resident at 1510 Greenlawn Pkwy, spoke regarding the Heritage Oaks within the Greenlawn Subdivision. She stated on Friday, October 7 she witnessed a large Heritage Oak being cut down on the property and that this goes against their building permit. She is also concerned with Oak Wilt at this time of year. She is interested in knowing if they will be fined (there is no bringing back the tree). She suggested their permit be revoked or they be punished by taking away one house for every tree removed. Wayne Gosnell, Blanco resident for the past 25 years, spoke regarding city ordinances. Why does the city need ordinances? He is in favor of current ordinances. Ordinances keep Blanco Blanco and are needed to keep order in place. The annual Trash-Off helps keep the city cleaned up. Shout out to Andrew Forsberg for cleaning up lot off 4th Street and hauling off old house and also for placing trash cans by the river, Also thanks to Mike Arnold for cleaning up and renovating the old nursing home. It is up to the Council to make revisions to current ordinance where needed and these ordinances should reflect Blanco's rural character and help preserve what we have and keep Blanco a recognized subdivided illegally based on deed restrictions. Scenic City and beautiful for the future. Proclamation: Presentations: Mayor Lumpee read the Texas Recycles Day Proclamation. 1. Chamber of Commerce Quarterly HOT Funds Report: Libbey Aly gave a presentation and spoke regarding how quarterly funds have been spent on advertising for tourism, etc. She shared that the visitors center is staffed 7 days aweek. Mayor Pro-Tem Barron, asked to consider other ways to use the funds such as a kiosk guide for other businesses not located on the square, paid for by HOT funds. Mayor Lumpee thanked Ms. Aly for all her hard work. 2IPage City Council Minutes - October 11, 2022 2. Capital Improvement and Asset Management Advisory Committee (CIAMAC) Report: Mike Rieken, Chair shared the accomplishments achieved to date by all the committee volunteers. The formation of the CIAMAC has provided a means of leveraging community resources to assist the city improve and maintain infrastructure and to provide continuity for elected officials. In the year and a half, they have been meeting they have found old maps created for water system and developed interactive map of City streets. They have constructed a capital improvement plan, clarified the billing process and water leaks and inefficiencies. Work in progress include water system GIS map, capture leak and jetting data, continued refinement of the Capital Improvement Plan, utility reporting, compliance support (getting the right information to the right people), information management, map digitization (sorted through maps and found one worth digitalizing) and creative funding. Key take aways include formation of committee, maintenance of city infrastructure which has been historically underfunded and now requires normal maintenance plus 50 or more years of catch up-roughly $45 million, fixing requires innovative solutions, funding and continuous improvement, and long term planning. We will need to strengthen interaction between elected officials and groups working on long term endeavors. Roads, water, and sewer are all interconnected, not realistic to work on one system at a time. Need to prioritize and work on all together and complete one project at a time. Continue to look for funding alternatives. Cannot fix overnight and cannot pay for all with rate increases. Long term volunteer committee helping council. Make a long term plan and willingness to increase revenue. Need to make it a priority. Mayor Lumpee and Mayor Pro-Tem Barron thanked Mr. Rieken and his committee for their hard work. Mr. Rieken said the committee has several priorities that have been identified. Council Member McClellan asked how near to capacity is the WWTP, how much growth can we take, and the answer is WWTP is currently at 56% capacity. Oath of Office was administered to New Police Officers, Daniel DeLaRosa, and Zachary Rice by Police Chief Rubin. Closed regular meeting at 6:55 pm and open public hearing. PUBLIC HEARINGS: 1. Approval of Special Use Permit to Allow for a Food Court, Located at John Taylor Addition Block 2, Lot 1, Property located in R-5 (Owner: Andrew Forsberg & 2. Appeal of Administrative Decision Denying Application for Building Permit to Install Two Intermodal Shipping Containers (ISCs) at 1725 S. US Hwy 281, Laurie Cassidy, City Secretary read comment submitted by Lynn DeVincenzo Speaking out in opposition of the shipping containers being used for storage on properties. She does not believe these types of containers are consistent with the city's guidelines. NOT in the spirit of the city's codes, ori in line with the city's Clint West, Shrimpies, Inc.) Blanco, Texas (Owner: Second Echo LLC). beautification desires that the city is working hard to achieve. 3IPage City Council Minutes October 11, 2022 Mike Arnold, Blanco business owner next to Second Echo, spoke out in favor of shipping containers. He said they (Second Echo) have invested in the property. He has seen shopping centers and high dollar homes built from the containers that look well done. This is one instance where technology and building practices have advanced faster than city ordinances. These containers are environmentally and energy friendly, will be well constructed and will make the property look better. It's a technology that can be used well, this is why it isa a special use permit for review on a case by case basis. He hopes they will be allowed in this instance. Closed public hearing at 7:00 pm and opened regular meeting. Staff Presentations: City Hall, Warren Escovy, City Administrator shared the following: The City is still under Stage 2 Water Restrictions; 4th Street by Old 300 BBQ in the downtown Historic District, TxDOT will begin improvements to include re-striping the intersection and adding flashing stop signs on both sides of 4th Street, code enforcement is currently focusing on aesthetics; the City is looking to hire the TxDOT contractor to stripe the rest of the downtown square; Planning & Zoning will be holding a Town Hall on October 17, 6:30 pm to get citizen input on UDC updates and also Atlas Design will make presentation on the 281 Overlay zone. Water Treatment Plant update, waiting on electricity from PEC, and receipt of generators, should be substantially complete by mid-November and final Police Department, Chief Rubin presented the September 2022 Monthly Statistics Report. As of oath tonight, fully staffed, one officer on light duty and one in training. Gearing up for upcoming activities including the Veterans Day Parade, Real Ale ride, and Halloween on the Square. Did receive donation of weight equipment from Blanco ISD as they updated their equipment and also completion by end of December. received donation of new high tech door entry "buzzer". Consent Agenda: The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Council Member, in which those items will be pulled for separate consideration. 1. Approval of Minutes from the September 13, 2022, Regular Meeting and Public Hearing. 2. Approval of Minutes from the October 4, 2022, Special Meeting. 3. Approval of Appointment of Rodney Thrailkill as City Council Liaison to the Blanco Water Reclamation Task Force facilitated by The Meadows Center for 4. Approval of Resolution 2022-R-009 Declaring Certain Personal Property Surplus 5. Approval of Resolution 2022-R-010 Criminal Justice Division Grant Application. Water and the Environment at Texas State University. Equipment and Authorizing Sale (Police Department). 41Page City Council Minutes -October 11, 2022 6. Approval of Resolution 2022-R-011 Declaring Excess City Property Surplus 7. Approval of Resolution 2022-R-012 Approving Certain Engagement Terms Relating to Preparation and Filing of an Application for Grant Under the US Department of Agriculture's Rural e-Connectivity Pilot Program. (Item #4, question by McClellan, Chief clarified the surplus are traded into the vendor during Amotion was made by Mayor Pro-Tem Barron to approve items one through seven on the consent agenda as presented, seconded by Council Member (Public Works Vehicles) and Authorizing Disposal. purchase of new equipment) McClellan, all in favor, motion carried unanimously. Mayor moved: New Business, Item #2 1. Discussion, Consideration, and' Take Action on Approval of Proposal from Moriarty & Associates, LLC to Prepare a Financial Application for the City of Blanco at a Cost of $42,000.00. Warren said William Moriarty has been working hard and the City is one of 60 fortunate ones to be selected. TWDB, approved the intended use plan for the DWSRF PIF application by unanimous vote. The next step in the process is that TWDB will send out one letter for each project inviting the City to submit a full application. The City will have 60 days to submit the full application (8-10 months, funds in escrow, subsidized loan, $600,000 grant funds, federal infrastructure money). Mayor Pro-Tem Barron thanked Mr. Moriarty for helping City find money. Per Warren, the projects effected are the Palomino water line, this is a great way to cover costs. A motion was made by Mayor Pro-Tem Barron to approve the proposal from Moriarty & Associates, to receive TWDB funds at the cost of $42,000, seconded by Council Member McClellan, all in favor, motion carried unanimously. Old Business: Consider, discuss, and take appropriate action on the following: 1. Consideration, Discussion, and Take Action on Approval of Financing Options of SCADA Upgradel Replacement for Blanco Distribution System at a Cost of $151,820.00 (Warren Escovy, City Administrator). Warren said in a previous meeting the Council authorized staff to pay 50%, looking for financing for the 2. Consideration, Discussion, and Take Action on Amendment to Chapter 7 of the Code of Ordinances in Health and Sanitation for the maximum height of weeds and other vegetation and Amendment to Chapter 3 Animal Control Livestock (loose livestock). Warren Escovy, City Administrator said this is a great community, trying to look at the rules and do them the best way we know how. Think about what you want for your community. Currently the ordinances say grass should be at 12" and animals should be restrained, but it does not say that you cannot have animals. Staff recommendation for Chapter 7 of Health and Sanitation (growth) is to change the restriction in single-family occupied homes from 12 inches to (18 or 24 inches) but to require 12 inches on vacant lots and commercial properties. Recommendation for Chapter 3 of the Animal Code would be to move to a Complaint based enforcement primarily as this issue is not very widespread. The council discussed both chapters of the ordinance. other 50%. No Action taken. 5IPage City Council Minutes -October 11, 2022 Amotion was made by Mayor Pro-Tem Barron to table item for further discussion, seconded by Council Member McClellan, , motion carried 2-1 3. Consideration, Discussion, and Take Action on Approval of Voluntary Annexation of 4.09 Acre Property at Rocky Road Estates located in the Horace Eggleston Survey No. 24, Abstract No. 1, Blanco County, Texas. Warren Escovy said he received an email from the Owner, Callan McNett to withdraw his request to annex. Based on public comments the City will be reviewing approval of plat to with Council Member Thrailkill opposed. possibly repeal. No Action Taken. New Business: Consider, discuss, and take appropriate action on the following: 1. Discission, Consideration, and Take Action on Appeal of Administrative Decision Denying Application for Building Permit to Install Two Intermodal Shipping Containers (ISCs) at 1725 S. US Hwy 281, Blanco, Texas (Owner: Second Echo LLC). Warren Escovy said staff recommended this go to planning commission as a request for special use permit. Mr. Sone spoke explaining his situation. Mayor Pro-Tem Barron asked why Mr. Sone did not request a special use permit? The reply: the code did not say that, and he was following the code. Council discussed in detail A motion was made by Council Member McClellan to approve the application for building permit to install two intermodal shipping containers (ISCs) at 1725 S. US Hwy 281, Blanco, Texas subject to submission and approval of renderings by the City Administrator, seconded by Mayor Pro-Tem Barron, all in favor, motion 3. Discussion, Consideration, and Take Action on Approval of Special Use Permit to Allow for a Food Court, Located at John Taylor Addition Block 2, Lot 1, Property located in R-5 (Owner: Andrew Forsberg & Clint West, Shrimpies, Inc.) Will be 5 vendors, need TXDOT input, and more information on parking. Item tabled by Planning & Zoning Commission pending submittal of additional documentation. Amotion was made by Council Member McClellan to table item, seconded by Mayor Pro-Tem Barron, : all in favor, motion carried unanimously. 4. Discussion, Consideration, and Take Action on Approval of Variance from Section 9.03.183(c) Banners on Non-Residential Property to Allow Banners to be Displayed All Yeari in the Historic District Instead of Four Times for 30 days Each Time. Ryan Moses, Vice Chair asked for variance to be allowed to hang banners., assisted by Gail McClellan, Item passed by Planning & Zoning Commission. Already have the hardware to mount banners. A motion was made by Council Member Thrailkill to approve the variance from Section 9.03.183(c) banners on non-residential property to allow for banners to be displayed all year in the historic district instead of four times for 30 days each time, and waive fee of $400, seconded by Council Member McClellan, carried unanimously. all in favor, motion carried unanimously. Closed regular meeting at 8:37 pm and convened into executive session. 6IPage City Council Minutes -October 11, 2022 Executive Session in accordance with Texas Government Code: in accordance with the authority contained in the Texas Government Code, Sections 551.071, 1. Texas Government Code Sections 551.071 (Consultation with City Attorney), 551.072 (Real Estate) and Section 1.05, Texas Disciplinary Rules of Professional Conduct; Confer with City Attorney regarding Pharr Paradise Utility Easement 2. Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct and 551.072 (Real Estate). Confer with City Attorney regarding Canyon Lake Water SC (CLWSC); Water Valuation with West Water, City's interest undivided interest. 3. Texas Government Code Section 551.071 (Consultation with City Attorney), Section 05, Texas Disciplinary Rules of Professional Conduct: to wit, Discussion with legal counsel Regarding Potential Broadband Grant (Jack Twilley). Closed executive session at 9:18 pm and convened into regular meeting. 551.072, and 551.074. Agreement. Items 1-3: No action taken. Adjournment: Ar motion was made by Mayor Pro-Tem Barron to adjourn the meeting, seconded by Council Member McClellan, all in favor. The meeting was adjourned at 9:18 pm. Respectfully submitted, Rachel Lumpee, Mayor ATTEST: Laurie A. Cassidy, City Secretary These minutes were approved on the day of 2022. 7IPage City Council Minutes -October 11, 2022 CONSENT ITEM #2 INVOICE ee Gem of the Hills 22331 USI Highway 281 North Blanco, TX 78606-1572 oficeegemotnehls.org 830-833-2713 gemofthehils.org GEM OF THE CLLS City of Blanco Billto City of Blanco 300 Pecan Street Blanco, TX 78606 Ship to City ofE Blanco 300 Pecan Street Blanco, TX7 78606 Invoice details Invoicer no.: : 1009 Invoice date: 10/5/22 Terms: Net 30 Due date: :11/4/22 Product or SGIVE 1. Rental 2. Rental Amount $200.00 $1,200.00 $0.00 $1,400.00 Rental of Activity Center for Town Halll Meeting 10/17 6units x: $200,00 Reservation" for Activity Center for 2nd Tuesday Council Meetings October 2022-March 2023 Sales tax Total CONSENT ITEM #3 Texas Waters Development Board www.lwdb.lexs.goy CFOto GO Program The Texas Water Development Board's CFO to GO program provides tangible benefits to participating organizations, including the following: Reduces risk of loss from fraud, waste, and abuse. No one can eliminate this risk entirely, but reasonable measures can be taken to lower the risk of loss by establishing as solid system of internal controls and best practices fori financial management. Smaller organizations are often more at risk than larger organizations. Helps demonstrate good governance by a board of directors. processes, as well asi financial performance, are essential parts of good governance. Documents and preserves knowledge of key procedures, processes, and accounts. Boards of directors have af fiduciary responsibility tot their stakeholders. Evaluating internal controls and reviewing Over time, all organizations struggle with maintaining processes, for example, due to staff turnover. Generally, the best-managed organizations create reasonable and appropriate documentation that can be maintained over al long Assures customers and other stakeholders that the organization follows sound management practices. Efficient and effective management can reduce the risk of financial loss. Unexpected losses often create a need for rate period oft time to provide consistency and: support good management. increases to offset costs. Reputations can and should be protected. Strengthens internal controls. Processes are reviewed and updated as needed to produce stronger financial controls and protect organizational assets. Losses, if incurred, can detrimentally and unexpectedly affect the ability to repay obligations. Provides best-in-class expertise. participants and reduce risk of loss. Offers participation at no cost to entities. The CPA firms we use are among the best in Texas and have specialized knowledge, skills, and abilities gained from their experience across a range of governmental entities. Their expertise can bet tapped to benefit CFO1 to GO All out-of-pockets costs are paid by thel Texas Water Development Board. 01/21 Stay connected: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BLANCO THE TEXAS WATER DEVELOPMENT BOARD AND SECTION 1. PARTIES This Memorandum of Agreement (Agreement) is between the Texas Water Development Board (TWDB) and the City of Blanco (City). SECTION 2. RECITALS Whereas, the Cityi is a recipient oft financial funding from TWDB; and Whereas, the City has been selected for and has agreed to participate ini the TWDB CFOtoGO Whereas, TWDB has, through TWDB Contract No. XXXXXXXX, contracted with Contractor Name Whereas, as a condition of this agreement, the City will commit in-kind services to assist program (the Program); and (Contractor) to work with the City on the Program; and Contractor in successful completion oft the Program. Now, therefore, TWDB and the City agree as follows: SECTION: 3. PERFORMANCE TWDB Responsibilities TWDB will provide: 1. Fee-free access to the services of Contractor. The services are intended to assist the City's management and governance to identify opportunities to strengthen business processes and internal controls, providing documentation of best practices. 2. The Program will be conducted in two phases: a. Phaselconsists of on-site interviews with key individuals on the City's staff. This phase also includes a high-level assessment of recent financial statement reviews by the City's independent auditors and by the Financial Compliance Department of TWDB. The purpose of this phase ist to obtain a snapshot of existing financial operations and reporting conditions and to identify potential opportunities for enhancements. b. Phase Il involves Contractor discussing the Phase If findings with the City and TWDB, and design of agreed upon enhancements to The City's processes and procedures, including preservation of key processes through preparing documentation. The City will provide: 1.A Acommitment of staff time and resources to assist in successful completion oft the Program, including responding to Contractor and TWDB emails or phone calls within the same business week and providing access to requested databases or documents within a 2. The City agrees and acknowledges that its inability to provide timely responses and/or resources may result in cancellation of The City's participation in the Program. reasonable amount oft time, not to exceed 5 business days. SECTION 4. TERM AND TERMINATION This agreement is effective when executed by the parties and terminates upon successful completion of the Program or cancellation as described in Section 3 above. TEXAS WATER DEVELOPMENT BOARD THE CITY OF BLANCO Agreed: Signature: Signature: Name: Title: Date: Name: Rebecca Trevino Title: Chief Financial Officer Date: CONSENT ITEM #4 TWDB-0201A Rev11/16 Application Filing and Authorized Representative Resolution A RESOLUTION by the City Council City of Blanco, Texas connection therewith. of the requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in BE IT RESOLVED BY THE City Council OF THE City of Blanco, Texas SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $$3,558,738 toj provide for the costs of City of Blanco Water System Improvements SECTION 2: That Warren Escovy,Blanco City Administrator designated the authorized representative of the City of Blanco, Texas be and is hereby for purposes off furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION3: That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City of Blanco, Texas before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: Craig R. Cunningham D.A. Davidson & Co. William B. Moriarty P.E. Moriarty & Assoc. LLC. Engineer: Bond Counsel: PASSED AND APPROVED, this the day of 20 ATTEST: By: (Seal) CONSENT ITEM #5 TWDB-0201B Revi 11/16 Application Resolution - Certificate of Secretary THE STATE OF TEXAS COUNTY OF Blanco APPLICANT City of Blanco $ $ $ I,the undersigned, Secretary ofthe City of Blanco Texas, DOI HEREBY CERTIFY as follows: 1. That ont the day of 20 being as follows: ai regular/special meeting oft the was held; the duly constituted: members oft the all ofv whom were present at the meeting, except thei following: Among other business considered at the meeting, the attached resolution entitled: "AR RESOLUTION by the City Council ofthe City of Blanco requesting financial participation from the' Texas Water Development Board; authorizing the filing of an application for financial participation; and making certain findings in connection therewith." was introduced and submitted to the Blanco City Council for passage and adoption. After presentation and consideration oft the resolution, and upon a motion madel by. and seconded by_ ther resolution was passed and adopted by the byt thei following vote: voted' "For" voted' "Against" abstained all as shown in the official minutes of the for this meeting. 2. oft theCity of Blanco That the attached resolution is at true and correct copy of the original on filei in the official records the qualified and acting members oft the Blanco City Council on ;and that the the date of this meeting are those persons shown above and, according to the records ofr my office, advance notice of meeting, and the deliberations of the public business described above, was open to the public and written notice of the meeting, including thes subject of the resolution described above, was posted and given in advance oft thei meeting thet time, place, and purpose of meeting was given to each member of the Blanco City Council in compliance with the provisions of Chapter 551 oft the' Texas Government Code. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the_ this the day of 20_ Secretary (SEAL) OLD BUSINESS ITEM #1 OF BL Citp of lanco TEXAS a P.O. Box 750 Blanco, Texas 78606 Office 830-833-4525 Fax 830-833-4121 STAFF REPORT: 9/13/22 DESCRIPTION: Discussion on the rules and enforcement of Chapter 7 of the Health and Sanitation Ordinance and Chapter 3 oft the Animal Control Ordinance. ANALYSIS: Chapter 7 oft the health code 7.03.008 (a) Growth restrictions states that uncultivated grass, weeds, or brush to grow to al height no greater than 12 inches. Growth greater than 12 inches can allow for1 trash, bugs, and other undesirable effects to exist on said property. The City's Community Compliance officer has sent courtesy letters, door hangers, or have spoken to residents. The officer/and or administration can provide an exemption to the property owner if there is a purpose for growth/grass over the allowed amount (such as wildflowers, growing hay, etc). There are two options (that Iknow of) that the council should consider: 1. Enforce the violation using a "complaint based" process where enforcement is primarily done when a complaint (anonymous or not) is lodged. We are working on a complaint system on the City's website that will allowi for anonymity. The maximum height of the 2. Council to support real compliance oft the law but to loosen the restrictions on the code. A. Look at changing the height restriction from 12 inches to 18 or 24 inches on all B. changing the restriction on all single family property (to 18 or 24 inches) but still enforcing the 12 inches on vacant lots and commercial properties. growth will stay the same with onlyt the enforcement being affected. property or Chapter 3 of the Animal Control Ordinance requires the constraint or fencing in of livestock. The Community Compliance officer has found a few locations where chickens have been found outside their fences. Chickens and Roosters can create a health hazard if outside at fenced area which is why their required to be in some type of constrained are or coup. Poultry can be targets for being run over by cars and can be prey for other animals. The City should try to protectn neighborhoods and values by providing safe and clean areas for its residents. FISCAL IMPACT: Unknown at this time OF. TEXAS RECOMMENDATION: There are more violations of tall grass and uncultivated growth in Blanco than there are of chickens or roosters running around unconstrained and therefore Administration has a different approach for each issue. Staff prefers to enforce the rules that have been approved by City Council. This agenda item was added to give Council and residents an opportunity to voice their concerns and suggestions. Staff recommendation 1. Recommendation for Chapter 7 of Health and Sanitation (growth) is to change the restriction in Single family occupied homes from 12 inches to (18 or 24 inches) buti to 2. Recommendation for Chapter 3 oft the Animal Code would bet to move to a Complaint require 12 inches on vacant lots and commercial properties. based enforcement primarily as this issue is not very widespread. Blanco Code of Ordinances Chapter 7: Health and Sanitation Sec. 7.03.006 Burning trash Its shall be unlawful for any person to burn any non-vegetative matter at any time within the incorporated city limits. The burning of brush, leaves, and yard trimmings is permitted provided said burning does not cause a health and safety hazard or nuisance to surrounding property Sec. 7.03.007 Depositing or dumping trash, vegetation or unsanitary matter (a) It shall be unlawful for any person to dump, place, deposit, throw, or otherwise dispose of any trash of any kind on public or private property. A violation of this section shall constitute a trespass on said property when committed against or upon any public property or property owned or occupied by another person. Violations of this section shall include but are not limited to the (1) Vegetation and trimmings. The throwing, placing, dumping, or depositing of any lawn trimmings, hedge trimmings, or other cuttings or trimmings of weeds, flowers, or other vegetation on or in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the city, or in or on any lot, vacant or occupied, (2) Trash. The throwing, placing, dumping or depositing of any garbage or refuse of any kind on or in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the city, or on any private lot, vacant or occupied, other private (3) Unsanitary matter. The throwing, placing, dumping, or depositing of any animal, vegetable or mineral matter or any composition or residue thereof which is in an unsanitary condition or injurious toj public health on ori in any gutter, street, sidewalk, parkway, driveway, curb, alley or any other public property of the city, or on or in owners and/or tenants. (Ordinance 368, sec. 2, adopted 5/12/09) following: driveway or other private property. property. any lot, vacant or occupied, driveway or other private property. (b) Trash that has been properly disposed of in accordance with the garbage collection provisions of this code shall be exempt from this section. (Ordinance 368, sec. 2, adopted 5/12/09) State law reference-Illegal dumping, V.T.C.A., Health and Safety Code, sec. 365.012. Sec. 7.03.008 Maximum height of weeds and other vegetation (a) Growth restrictions. (1) It shall be unlawful for any person to allow any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, to allow uncultivated grass, weeds, or brush to grow to al height greater than 12 inches on any lot, tract, or (2) It shall be unlawful for any. person to allow any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, to permit grass, weeds, or any plant to grow in, upon or across the sidewalk or street adjacent to the lot or parcel of land, or portion thereof. 7-11 Blanco Code of Ordinances Chapter 7: Health and Sanitation property in the area. Cultivated vegetation may be adjacent to the sidewalk when not in violation of other city ordinances. Weeds and vegetation, cultivated or uncultivated, may not be allowed to grow along sidewalks or streets in aj manner that obstructs the lines of sight for motorists or pedestrians or that hinders municipal use oft the public rights-of-way. (b) Affirmative defenses. The following shall be affirmative defenses to any charge of permitting grass, weeds or brush to grow in violation of subsection (a) only of this section: (1) The grass, weeds, or brush is/are located on land that is actively being used as a (2) The grass, weeds, or brush is/are located on land that is being used as a garden or is (3) The grass, weeds or brush is/are located on public property owned by the State of Texas, or any ofi its subdivisions, and such governmental entity has determined that it is in the public interest that such property should remain in its natural, undisturbed condition and the vegetation on such property is in its native biome and the condition ofs such property does not present a danger or hazard to adjacent properties. (4) The code enforcement officer has determined that there is just cause to permit grass, weeds, or brush to grow to a height greater than twelve inches (12") on a lot, tract, or parcel of land. Just cause shall exist if one or more of the following factors apply to (A) The topography of the land makes compliance with the subsection (a) of this (B) The density of the brush makes compliance with subsection (a) of this section (C) Some act of the city makes compliance with subsection (a) of this section impractical or impossible; and the land does not otherwise present a danger or pasture for grazing livestock. currently being cultivated for agricultural purposes. the lot, tract or parcel of land in question: section impractical; impractical ori impossible; hazard to adjacent properties. (Ordinance 368, sec. 2, adopted 5/12/09) Sec. 7.03.009 Accumulation of trash Its shall be unlawful for any person to permit any trash to accumulate upon any such lot, tract, or parcel of] land. (Ordinance 368, sec. 2, adopted 5/12/09) Sec.7.03.010 Unsanitary conditions It shall be unlawful for any person to permit any of the following unsanitary conditions to exist (1) Stagnant water or any collection of water that may allow the breeding of insects, exposed animal carcasses, or any other open drain, sewer, or cesspool; on, or emanate from, any such lot, tract, or parcel of land: 7-12 Blanco Code ofOrdinances Chapter 3: Animal Control Sec. 3.01.008 Dogs running at large (a) Prohibition. No owner of any dog shall cause or permit such dog to be or run at large upon any public place or any private property other than that of such owner except with the prior consent of the person in charge of such private property unless such dog is securely restrained by as substantial leash not to exceed six (6) feet in length and is under the charge and control of a (b) Exceptions. Nothing in this section shall prevent a dog from being used without a leash: (1) To hunt wild birds or game or to herd, guard, gather, or otherwise work domestic (2) For obedience training or exercise in or upon aj public place sO long as such dog does not wrongfully harm or damage or threaten to harm or damage any person on public person competent to keep such dog under effective charge and control. animals or fowi; or or private property. (c) Confinement of female dogs in heat. The owner of any female dog shall keep such dog confined in a secure enclosure during the time that such dogi isi in heat to prevent the attraction of other dogs. (Ordinance 2014-396A, sec. 8, adopted 10/14/14) State law reference-Restraint, impoundment and disposition of dogs and cats, V.T.C.A., Health and Safety Code, sec. 826.033. ARTICLE: 3.02 LIVESTOCK Sec. 3.02.001 Definitions License, unless the context requires otherwise, shall be synonymous with a permit issued under Livestock includes horses, cattle, goats, sheep, roosters and chickens and any other animals excluding dogs, cats, fish, rabbits and household pets ordinarily confined within al home. Person means any firm, company, partnership, corporation, association, club, society or other this article. organization. (Ordinance 393, sec. 2, adopted 5/8/12) Sec. 3.02.002 Penalty Any person, firm or corporation violating any provisions of this article or failing to observe any provisions hereof shall be deemed guilty ofa misdemeanor and upon conviction shall be fined not more than $500.00 and each and every day or fraction of a day during which this article, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. For second and additional offenses, the fine shall not be more than $2000.00. (Ordinance 393, sec. 6, adopted 5/8/12) 3-9 Blanco Code ofOrdinances Chapter. 3: Animal Control Sec. 3.02.003 Loose livestock Its shall be unlawful for any person who owns or controls any livestock to permit or allow such livestock to be loose and unrestrained outside such person's residence (including the yard of the residence) or fenced property owned by aj person. "Loose" shall mean without restraints such as a halter, reins, leash or other restraint preventing such livestock to wander. (Ordinance 393, sec.3, State law references-Animals at large, V.T.C.A., Local Government Code, sec. 215.026; impoundment of adopted 5/8/12) estrays, V.T.C.A., Agriculture Code, sec. 142.009. Sec. 3.02.004 Permit (a) Every person who owns or controls livestock within the city limits shall file with the city secretary an application in writing on a form to be furnished by the city, which shall provide the (1) Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of creation or incorporation as applicable, or other legally recognized form of identification; photoi identification required. (2) Al brief description of the livestock owned or controlled within the city. (b) There shall be an application fee in the amount set forth in the fee schedule in appendix A oft this code for each applicant, to cover the cost of processing the application. (c) The city secretary will issue aj permit upon approval of an application and payment. A copy willl be issued to the chief of police along with documentation. (d) The permit will be issued for a time frame of one year and must be displayed upon demand by any peace officer or city employee responsible for enforcement of this article. The applicant must report any material changes to the city secretary within the [a] one-month time frame. following information: (Ordinance 393, sec. 4, adopted 5/8/12; Ordinance adopting Code) Sec. 3.02.005 Exemptions The permitting requirements and the requirements related to identification of this article shall not apply to any person who is a veterinarian practicing at a location within the city. (Ordinance 393, sec. 5, adopted 5/8/12) 3-10