PUBLIC HEARING Approval of Special Use Permit to allow Mobile Food Truck at 719 Main Street (Harrison Heirs, Blk 22 (North % of), 2.1627 acres, Blanco, Texas 78606, (Property Owner: Trinity Lutheran Church). sy S 2 October 2,2023 Dear Property Owner: The City of Blanco has received a request from the owner of the following property requesting consideration for a Special Use Permit within the city limits of the City of Blanco. Property Owner: Trinity Lutheran Church Property Location: 719 MAIN ST, HARRISON HEIRS, BLK 22 (NORTH % OF), ACRES 2.1627 The Planning and Zoning Commission of the City of Blanco will conduct a public hearing and regular meeting, for the purpose of considering the request on November 6, 2023, at 6:30 pm at the Byars Bullding, 308 Pecan Street, Blanco, Texas. The City Council will conduct a public hearing and regular meeting, fori the purpose of considering the request on November 14, 2023, at 6:00 pm at the Byars Building, 308 Pecan, Blanco, Texas 78606. You are receiving this notice as required by the Texas Local Government Code because you have been identified from the tax rolls as owning property approximately 200 feet of the tract proposed for rezoning. If you wish to protest the proposed change, you must do sO prior to the public hearing in writing, sign the protest, and retum it to the Blanco Assistant City Secretary at Blanco City Hall, 300 Pecan Street in Blanco or mail it to City of Blanco, P.O. Box 750, Blanco, Texas 78606. Sincerely, Olga Gamez Assistant City Secretary NOTICE OF PUBLIC HEARING As required by Texas Government Code, Notice is given that the Planning and Zoning Commission of the City of Blanco, Texas, will conduct a public hearing at the Byars Building at 308 Pecan Street, Blanco, Tezas on November 6, 2023 at 6:30 p.m., and the City Council of the City of Blanco, Texas, will conduct a public hearing at the Byars Building, 308 Pecan Street, Blanco, Texas on November 14, 2023 at 6:00 pm for the purpose of a Special Use Permit on the following described tract located within the city limits of the City of Blanco. Property Owner Property Description Property Location Trinity Lutheran Church HARRISON HEIRS, BLK 22 (NORTH % OF), 719 MAIN ST ACRES 2.1627 CONSENT ITEM #1 REGULAR MEETING AND PUBLIC HEARING OF THE GOVERNING BODY OF THE CITY OF BLANCO Meeting Minutes October 10, 2023 A regular meeting and public hearing of the City Council, City of Blanco, Texas was held on October 10, 2023, at 6:00 pm at the Byars Building, 308 Pecan Street, Blanco, Texas. The meeting was called to order at 6:00 pm by Mayor Arnold, followed by roll call announcing a quorum was present. The Invocation and Pledge of Allegiance was led by Pastor Carlos Cloyd of the United Methodist Church. Council members present: Mayor Arnold, Mayor Pro-Tem Thrailkill and Council Members Smith, Swinson, and Moses. Council Member McClellan was absent and excused for medical reasons. City staff present: Warren Escovy, Laurie Cassidy, and Police Chief Scott Rubin. Mayor Arnold made the following announcements: Blanco County Burn Ban has been extended until October 24, 2023. The City is still under Stage 3 Water Restrictions. Council Member Keith McClellan is home from the hospital. Public Comments: None Presentation: 1. Libbey Aly, Blanco Chamber of Commerce presented the Chamber's quarterly HOT taxes report including review of the proposed 2024 budget, way finding signs for the courthouse square and surrounding areas at a cost of just over $1,000 per sign at a possible use of 5 signs (matches what is already on the courthouse grounds), the third annual Marigold Festival to take place October 23-28, 2023. Staff Presentations: City Hall, Warren Escovy, City Administrator shared updates on the quarterly investment report July through September 2023, $49,635.90; the lift station near Loop 163, underground, wet well, piping, gravity sewer and force main in; water meter program audit in process; water is maintaining normal levels; Los Altos Phase 2, drainage has been installed, working on open ditch; Greenlawn Subdivision, one home built and currently working on pulling more permits. Police Department, Chief Rubin presented and discussed the September Monthly Report. He reminded all about the upcoming eclipse this Saturday, October 14, hoping it will be minor. Be sure to visit the city website for more information and scan the QR code to register your location if you are hosting an eclipse event. Conditional offers have been made, should be at full staff soon. Will be revising the monthly report to add additional information. 1IPage City Council Minutes -October 10, 2023 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 12, 2023, Regular Meeting and Public Hearing. 2. Approval of Minutes from the September 19, 2023, Special Meeting. 3. Approval of Minutes from the September 27, 2023, Special Meeting. A motion was made by Mayor Pro-Tem Thrailkill to approve the consent agenda items one through three as presented, seconded by Council Member Swinson, all in favor, motion carried unanimously. Public Hearing #1 Opened at 6:41 pm: Approval of Concept Plan and Access Variance at 1566 Sunset Ridge/1072 FM 165 (Blanco ABS A0001 Survey 24 H. Eggleston Acres 319.20, ABS A0001 Survey 24 H. Eggleton Acres 37.5, and ABS A0094 Survey 6, Thomas J Callehan Acres 8.476), Blanco, Texas 78606, (Property Owner: Pharr Paradise Park, LLC). Warren Escovy, City Administrator shared it is the city's responsibility to review the concept plan, any platting required and approve all drainage and/or floodplain requirements for this project which is in the city's ETJ. The concept plan (which will be considered a preliminary plat, except for the areas that are "future") has mostly 5 acre lots that will be served by well and septic. A variance has been requested to allow a portion of access roadway to be in the 100 year flood plain. According to the current Code of Ordinances, a waiver will be required to allow access to RR 165 since this is in the regulatory FEMA floodplain. Planning & Zoning Commission voted 3-3 and therefore no formal recommendation can be made, however, the project can be approved with the following conditions: 1) Along with the normal required documents for final plat the following will be required: A floodplain study providing there are no-impacts (no rise to the 100-year water surface elevation (WSE) to the floodplain with the proposed improvements. (will be required with the first final plat of any section), 2) Consider the secondary access at Sunset Ridge an emergency access and put up a gate (crash gate) at Lot 21 making that road an emergency "access only" for a majority of the property but still allowing the future residential (69 acres on the west end) to have Sunset Ridge access as it always has. Public Comments: Greg Palmer, attorney for the developer. Looked at the option to provide an elevated bridge. Purchased 70 acre tract for use as secondary emergency access. Not the intent of developer to place additional burden on Sunset Ridge residents. Will work with Blanco Police Department to place gate for emergency access only. Asking for conceptual plan only at this time. The final plat will be presented at a future date. Property will have restrictions on all property owners to respect the rights of Sunset Ridge current property owners and do what is best for the residents of Blanco. This project will draw business revenue to Blanco, will provide job opportunities and an event center for city or school events in the future and includes low densityllarge lots. Mike Ethridge, property owner, spoke in favor of the project. In the past he let everyone have road access through his property which has been in his family for many years. Jay Palmer, property owner/developer, spoke and explained his self-imposed restrictions. He does not want new owners to have access to Sunset Ridge, nor does he wish to burden Sunset Ridge. Will use FM 165 access, unless there is an emergency. He apologized for the anxiety caused to the neighbors. 2IPage City Council Minutes October 10, 2023 Waymond Lightfoot, property owner, 1334 Sunset Ridge, spoke and said he has visited with Mr. Palmer and now has a better understanding of the development. He would still like to see the assurances in writing, what is the legal option, privately owned and maintained. One lane, 13' road. There are a number of factors that need to be explored. Seeking to understand, crash gate. Colin Corbett, property owner, spoke of concerns with use of narrow, private road. It was not built to support traffic beyond what the current residents use. He assisted with paving, chip, and seal, of road. He met with Mr. Palmer and is open to discussing further, would like to see written documentation. Cornelia England, property owner, spoke against the variance. She expressed concern over who will monitor the crash gate. The road is very narrow and is privately owned and maintained. She also expressed concern about not receiving a notification for the public hearing. Donald Murphey, pediatrician in Austin and property owner off Sunset Ridge spoke out in opposition to the development. The road was built 20 years ago. He has never seen a crash gate and is uncomfortable with the idea. Julie Alexander, serves on the Planning & Zoning Commission. She spoke in favor of the development and explained the use of Sunset Ridge would be for emergency access/eminent danger only and not for construction of development. The proposed development includes a visually beautiful vineyard, increase in tax dollars, sale of goods and services, five acre or larger lots in a peaceful community in the Blanco ETJ. This would be a blessing to our community. Arlyn Cook, property owner along Sunset Ridge spoke out in opposition to the variance. He said in 1991 seven families each dedicated part of their property to create the small road. Development means change with a whole new set of problems, and he quoted The Big Yellow Taxi saying, "you don't know what you have until it is gone, they paved over paradise and put up a parking lot." M Mike Ethridgé spoke explaining the crash gate. It is kept locked and used for emergency access only. The Public Hearing #1 was closed at 7:23 pm. New Business: 1. Consideration, Discussion and Take Possible Action on Approval of Concept Plan and Access Variance at 1566 Sunset Ridge/1072 FM 165 (Blanco ABS A0001 Survey 24 H. Eggleston Acres 319.20, ABS A0001 Survey 24 H. Eggleton. Acres 37.5, and ABS A0094 Survey 6, Thomas J Callehan Acres 8.476), Blanco, Texas 78606, (Property Owner: Pharr Paradise Park, LLC). The Council discussed A motion was made by Mayor Pro-Tem Thrailkill to table item for further discussion, seconded by Council Member Moses, motion carried 3 to 1, with Council Member Smith opposed. Public Hearing #2 Opened at 7:41 pm: Approval of Special Use Permit to allow Multi-Family Residential in the R-5 District at 411 gth Street (Anna Harrison, Blk 3, Lot pt of 8/100ths (.08) of an acre), Blanco, Texas 78606, (Property Owner: John Michael Keith and Lois Iverson). Warren Escovy, City Administrator said the owner/applicant is asking to convert 16 mini-storage units to three multi-family units. The recommendation from the Planning & Zoning Commission is to approve the special use permit to allow multi-family use in an R-5 district. Public Comments: Sam Keith developer spoke about the proposed project. The Public Hearing #2 was closed at 7:46 pm. 3IPage City Council Minutes -October 10, 2023 2. Consideration, Discussion and Take Possible Action on Approval of Special Use Permit to allow Multi- Family Residential in the R-5 District at 411 gth Street (Anna Harrison, Blk 3, Lot pt of 8/100ths (.08) of an acre), Blanco, Texas 78606, (Property Owner: John Michael Keith and Lois Iverson). A motion was made by Council Member Smith to approve the special use permit to allow multi-family residential in the R-5 district at 411 gth Street, seconded by Council Member Swinson, all in favor, motion carried unanimously. 3. Consideration, Discussion, and Take Possible Action on Approval of Final Plat for Blanco River Run Subdivision, Lots 4 and 5 Weber Subdivision, Blanco, Texas, (Property Owner: Tejas Heritage Homes, LLC, James Boyce Polkinghorn, Managing Member). The final plat consists of six lots and a "eyebrow" or dedicated turn around to take advantage of the reduction in lot width allowed for lots taking access to an eyebrow. This project is located within the R-1 district and meets the minimum 32,500 square feet requirement as well as the one lot per acre requirement. Staff and Planning & Zoning Commission recommend approval of the final plat. A motion was made by Council Member Smith to approve the final plat for Blanco River Run Subdivision (6 lots on River Run), seconded by Mayor Pro-Tem Thrailkill, all in favor, motion carried unanimously. 4. Consideration, Discussion, and Take Possible Action on Approval of Extension of City Services or Disannexation of 5.77 Acre Property at 400 14th Street located in the H. Eggleston Survey No. 24, Abstract No. 0001, Blanco County, Texas. Item taken to Executive Session. 5. Consideration, Discussion, and Take Possible Action on Approval of Extension of City Services or Disannexation of 4.99 Acre Property at 1917 N. US Hwy 281 located in the H. Eggleston Survey No. 24, Abstract No. 0001, Blanco County, Texas. Item taken to Executive Session 6. Consideration, Discussion and Take Possible Action on Amendment to Blanco Chamber of Commerce HOT Funds Disbursement (Warren Escovy, City Administrator). Item tabled to next month, No Action Taken. 7. Consideration, Discussion and Take Possible Action on Update to the US Highway 281 Possible Relief Route(s) Following the TxDOT Meeting (Mayor Pro-Tem Thrailkill/ Council Member Swinson). Mayor Pro-Tem Thrailkill said have had one meeting with TxDOT. Council Member Smith shared still monitoring and have not endorsed a specific route. Mayor said TxDOT is fast tracking and wants route in the next three years. Council Member Swinson said it is important to keep receiving community input - No Action Taken. 8. Consideration, Discussion and Take Possible Action on Additional Green Space Specifically for Children at the Pecan Bottom City Park (Mayor Pro-Tem Thrailkill/ Council Member Smith). Council Member Swinson recused herself from this item. Mayor Pro-Tem Thrailkill discussed improvements to the Pecan Bottom park, need clarity. Council Member Smith suggested assigning KBB to come up with a plan of action. Mayor shared this is a good time to make improvements for the children and to direct staff to ask KBB to develop a plan -No Action Taken. 9. Consideration, Discussion and Take Possible Action on Building an Additional Office at City Hall or the Byars Building at a Cost Not to Exceed $4,600.00 (Warren Escovy, City Administrator). Looking at the possibility of building an additional office for the Mayor since the City Administrator took over Mayor's office. There is a need for additional office space at City Hall. Item taken to Executive Session. 10. Consideration, Discussion and Take Possible Action on Revision(s) to City Administrator Contract. Item taken to Executive Session. 41Page City Council Minutes October 10, 2023 11. Consideration, Discussion and Take Possible Action on Approval of Review of Inframark Man Hours, Revise Man Hours from Reading Meters to Street Repair and Maintenance. Council discussed. Once the new automated utility meters are installed staff will need direction on use of man hours. Council Member Smith would like to see the CPI increase, get back within our budget with these hours and utilize excess on road repairs (budget first and road repairs second). Recommend staff get Inframark back within the budget. No Action Taken. Old Business: Consider, discuss, and take appropriate action on the following: 1. Consideration, Discussion and Take Possible Action on Approval of Social Media Policy (Warren Escovy, City Adminstrator.Tuggey said earlier this year Council approved a new personnel policy which includes four pages of social media policy. Mayor said possible training would be in order. Tabled this item. 2. Consideration, Discussion and Take Possible Action on Approval of Ordinance 2023-0-014 Amending Fee Schedule (Warren Escovy, City Administrator). Public Works,/Inframark not here to discuss and answer questions, Item tabled to next month. 3. Consideration, Discussion and Take Possible Action on Approval of Change Order #09 Exterior Lighting at the Water Treatment Plant (Warren Escovy, City Administrator). The council recommended staff contact electrician to provide quote for service of work. No Action Taken. 4. Consideration, Discussion and Take Possible Action on Approval of Change Order # Fencing at the Water Treatment Plant (Warren Escovy, City Administrator). The council discussed the various fencing options. No. Action Taken. 5. Consideration, Discussion and Take Possible Action on Approval to Complete Market Analysis on City Surplus Properties at Blanco Vista Estates, Lot 3 (9.43 Acres) and 202 Cherry Street (0.44 Acres). The council discussed market analysis versus actual property appraisal. Suggestion made in support of sale of the 9.43 acre property, obtain appraisal, and any monies above market value received to towards infrastructure repairs. Accept sealed bids. Step one, obtain cost of appraisal and suggestions for proceeds of sales. Suggestion made to keep property at Cherry street for park or community center. Council Member Smith moved to obtain appraisal and sealed proposal for sale of property 9.45 acre and any money over appraisal amount at discretion of council go into reserves. Item taken to Executive Session. Closed regular meeting and convened into executive session at 8:23 pm. Executive Session in accordance with Texas Government Code: in accordance with the authority contained in the Texas Government Code, Sections 551.071, 551.072, and 551.074. 1. Texas Government Code Section 551.074 (Personnel Matters) to deliberate the amendment(s) to Contract for City Administrator. 2. Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney regarding Contract between City of Blanco and Inframark, LLC. 3. 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 City Property Evaluations at Blanco Vista Estates, Lot 3 (9.43 Acres) and 202 Cherry Street (0.44 Acres), City's interest. 5/Page City Council Minutes -October 10, 2023 4. Texas Government Code Sections 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct; Consultation with City Attorney regarding Economic Development Project. 5. Texas Government Code Sections 551.071 Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct; Confer with City Attorney regarding City Water Agreements with Texas Water Company 6. 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 Agreement. 7. Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney regarding legal issues associated with the Water Treatment Plant Project; Bids, Contract. Award, and Notice to Proceed. 8. Texas Government Code Sections 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct; Consultation with City Attorney regarding Contract with Bureau Veritas. Closed executive session at 9:52 pm and convened into regular meeting. NB #4: Consideration, Discussion, and Take Possible Action on Approval of Extension of City Services or Disannexation of 5.77. Acre Property at 400 14th Street located in the H. Eggleston Survey No. 24, Abstract No. 0001, Blanco County, Texas A motion was made by Council Member Smith to request CIAMAC to provide a service plan regarding the 400 14th Street property within the next 90 days, seconded by Council Member Swinson, all in favor, motion carried 3-0 with Council Member Moses recusing himself from this item. NB #5: Consideration, Discussion, and Take Possible Action on Approval of Extension of City Services or Disannexation of 4.99 Acre Property at 1917 N. US Hwy 281 located in the H. Eggleston Survey No. 24, Abstract No. 0001, Blanco County, Texas A motion was made by Council Member Smith to table the Extension of City Services or Disannexation of 4.99 Acre Property at 1917 N. US Hwy 281, seconded by Mayor Pro-Tem Thrailkill, all in favor, motion carried unanimously. NB #9: Consideration, Discussion and Take Possible Action on Building an Additional Office at City Hall or the Byars Building at a Cost Not to Exceed $4,600.00 A motion was made by Council Member Smith to approve the additional office in the City Hall building, Cost Not to Exceed $4,600.00 pending funding of next item, seconded by Mayor Pro-Tem Thrailkill, all in favor , motion carried unanimously. NB #10: Consideration, Discussion and Take Possible Action on Revision(s) to City Administrator Contract. A motion was made by Council Member Smith effective immediately, revise the City Administrator's contract as directed and direct city attorney to provide draft for final approval, seconded by Council Member Moses, all in favor, motion carried unanimously. Ex Session # 5, Old Business #5: Consideration, Discussion and Take Possible Action on Approval to Complete Market Analysis on City. Surplus Properties at Blanco Vista Estates, Lot 3 (9.43 Acres) and 202 Cherry Street (0.44 Acres). A motion was made by Council Member Smith to direct staff to solicit estimates for an appraisal on the 9.43 acre property, seconded by Council Member Moses, all in favor, motion carried unanimously. 6IPage City Council Minutes October 10, 2023 Adjournment: A motion was made by Council Member Smith to adjourn the meeting, seconded by Moses, all in favor. The meeting was adjourned at 9:58 pm. Respectfully submitted, Mike Arnold, Mayor ATTEST: Laurie A. Cassidy, City Secretary These minutes were approved on the day of 2023. 7IPage City Council Minutes -October 10, 2023 NEW BUSINESS ITEM #1 Citp of Blanco TEXA P.O. Box 750 Blanco, Texas 78606 Office 830-833-4525 Fax 830-833-4121 STAFF REPORT: 11/14/23 DESCRIPTION: Request for an SUP to allow a mobile food vendor at the same location for longer than 10 days as per 4.15 Mobile Food Vendors (1) (g) li. ANALYSIS: Request from Breanna Crenshaw/The Coffia Shop LLC to operate a mobile food vending unit that primarily serves coffee at the back parking lot of the Trinity Lutheran Church which is on the southeast corner of Elm and gth Street. The parking lot oft the church site is zoned R-5 and the church itself is zoned Government Utility Institutional (GUI). There are single family homes zoned R-3 across the street on Elm and gth. R-5 zoning does allow for mobile food trucks to be allowed by right if it is less than 10 days. These types of food trucks or mobile barista type locations are allowed in commercial areas (which R-5 is considered transitional) Staff has allowed the mobile unit to operate for the past month or sO before the project could be heard by both P&Z and City Council. Port-a-potties aren't allowed and P&Z/Council can look at limiting the hours of operation due to it's proximity to single family homes. Some of the neighborhood reluctance on the food truck is the placement of a port-a-potty (though it is dressed up with a lattice and flowers) on site. P&Z heard from neighbors and the applicant who were mostly in support of the business to be located at the corner of gth and Elm on the back parking lot of Trinity Lutheran. There was a lot of discussion on whether that was the best location at the church site. Church leaders explained that their organization discussed this at length and wanted to give the Coffia Shop and chance to work. The consensus of P&Z was to allow both a drive-up option (which would be a variance from the UDC) and a walk-up option. Additionally, while port-a-potties are not allowed when just one food truck is established they agreed that either the temporary restroom is NOT to be allowed or it could be allowed behind food truck with an acceptable enclosure over it. FISCAL IMPACT: Allows a small business owner a location to do business ' RECOMMENDATION: Recommend approval of the SUP with the following conditions: (5-1 and 1 absent) 1. Approve the Special Use Permit with a variance to allow the drive through option 2. Port-a-poty restroom is NOT allowed or it could be allowed behind food truck with an acceptable enclosure over it. Dislonce to 281 3 maps. 2- Locationn 3- Progucled +raffic flowo 67 & 3 - 8 00 .7 - A 50 C7 B de A a 49 5 a 5 # 303 - & / R : Sun a RELE € 9 3 3 ELO 6 Cstsw 183AA L A Isw3 6 Su d d Legend X Basemap Layers City Limits County Boundary & e # Zoning AG C1 GUI 11 R1 231 R2 R3 R4 R5 a 6eh C (h) Voluntary compliance: Nothing herein would prohibit any applicant from the voluntary compliance with any future ordinance, regulation or incentive. 1 Chapter 245 ofTexas Local Government Code adopted. Chapter 245 of the Texas Local Government Code, As adopted in 2001 by the 77th Legislature Regular session is hereby adopted and incorporated by reference herein. Should 245 be repealed by the Legislature it shall remain effective as part ofthis Code for one year from the date of such repeal. During said period City Council shall take action it deems necessary to provide municipal protection for ongoing projects from the adverse impact of unanticipated subsequent regulations. 4.15 Mobile Food Vendors (1) General (a) Purpose This section is adopted sO that the city council may enact the appropriate administrative and regulatory rules and procedures pertaining to mobile food vendors. (b) Scope of jurisdiction All of the provisions of this article shall apply within the city limits (i.e., incorporated municipal boundary) of the city. (c) Definitions City. The City of Blanco, a municipality located in Blanco County, Texas. City limits. The incorporated municipal boundary of the city. Food court, Two or more mobile food vendors in the same location. Food establishment. An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption: i. Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and ii. That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. Page 160 of317 City of Blanco Unified Development Code 11.10.2020 iii. Exemptions: Non-profit food distribution organizations such as Good Samaritan food distribution, Meals on Wheels, and Lunches ofLove. Location. Any place a food vendor parks to initiate business shall be considered a location. Mobile food establishment. A vehicle-mounted food establishment that is readily moveable. Mobile store/mobile vendor. A vehicle-mounted retail store that is readily moveable and provides goods and/or services directly to a consumer. A mobile store includes (but is not limited to) a self-propelled motor vehicle or trailer, including a recreational vehicle, motor home, travel trailer or camper trailer. A mobile food establishment is an example of a mobile store. The term mobile store includes a mobile vendor. Permit. A license, certificate, approval, registration, consent, contract or other form of authorization required by law, rule, regulation, order or ordinance that a person shall obtain to perform an action or initiate, continue, or complete a project for which the permit is sought. Person. A human individual, agency, association, corporation, partnership or sole proprietorship. Site. A platted or unplatted lot in the city limits treated as a single tract for purposes oft the assessment of property taxes. A site may be identified by its address, or legal property description. (d) Electricity Electricity shall be only from a generator or an electrical outlet via a portable cord that conforms to the city's electrical code and permitted by any provider. (e) Fire safety Mobile food vendors shall comply with all City fire safety standards. This requirement also applies to mobile food establishments that: i. Maintain food at a hot holding temperature by mechanical means; and ii. Use aj pressurized fuel system or container. (f) Trash All mobile food vendors shall: i. Be equipped with an attached trash receptacle approved by the City staff, Page 161 of317 City of] Blanco Unified Development Code 11.10.2020 ii, Hold, store, and dispose of solid and liquid waste in a receptaçle approved by the city and that complies with any other applicable City code requirements; iii. Provide a trash receptacle for use by customers; and iv. Maintain the area around the mobile unit clear of litter and debris at all times. (g) Provisions i. All mobile food vendors shall comply with all City and state adopted health regulations regarding: 1. Time, temperature, plumbing, operation and maintenance requirements for mobile food establishments; 2, A mandatory central preparation facility, serving area, and operations; 3. All requirements prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit. 4. All sanitary requirements must be met, ii. All mobile food vendors shall acquire a food handling permit from a training program of the American National Standards Institute or Department of State Health Services; but rules are more substantial, as deemed appropriate by the city, if vendor is at a same location for at least 10 days out of a month. ii. If any mobile food vendor remains at a same location for longer than 10 days, as special use permit is required. iv. The city may require a mobile food vendor to come, on an annual basis, to a location designated by the health authority for an inspection. V. The city may require that mobile: food vendors found to violate this section shall come for a reinspection at a location designated by the city. vi. All mobile food vendors are required to store all food and supplies within the mobile unit or associated trailer/truck bed. vii. All mobile food vendors are required to have displayed on the mobile unit the proper city-issued permits and licenses in order to operate within the city. viii. All mobile food vendors are permitted to operate only in the zoning districts specified in UDC Chapter 4, Table 4.2: Use Table. ix. All mobile food vendors are prohibited from operating between the hours of 11:00 p.m. and 6:00 a.m. unless allowed to operate between those hours for a special reason by permit. Page 162 of317 City of Blanco Unified Development Code 11.10.2020 X. All mobile food vendors are prohibited from being located within 150 feet of a restaurant (drive-in service; with drive-through service; with no drive-through service) unless granted permission from all said restaurants. The noise level of mechanical equipment or outside sound equipment used in association with any mobile food vendor may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use. An exemption to this provision for permission is made when a mobile food vendor is set up for and during the occurrence of a temporary and City-sanctioned festival and/or musical or art event, in which case aj permit is covered by the event. xi. A drive-in service is not permitted for any mobile food vendor. xii. All mobile food vendors are limited to signs attached to the exterior of the mobile vendor. This does not include signage that wraps around a vehicle, for which there is no limitation. The signs attached to the exterior of the vehicle shall: 1. Be secured and mounted flat against the mobile unit; 2. Not project more than six inches from the exterior ofthe mobile unit; and 3. Also not exceed one (1) sandwich board sign. xiii. All mobile food vendors shall comply with the federal Americans with Disabilities Act, (h) Mobile food courts. i. Permanent Food Courts Authorized by Special Use Permit. A Special Use Permit (SUP) is required to establish a permanent food court, following procedures for a Special Use Permit (SUP) is required to establish a permanent food court, following procedures for SUPs in the City Code of Ordinances. ii. Permanent mobile food courts shall comply with the following requirements: 1. All mobile food establishments situated on the property shall be located on an impermeable surface, such as concrete or rolled asphalt, or a stable permeable surface such as decomposed granite; 2. All mobile food establishments that remain on the property overnight shall have: a. Temporary connections for electricity; b. Pavilions with shade and similar seating areas (i.e. shaded picnic tables) for customers shall be provided Page 163 of317 City of Blanço Unified Development Code 11.10.2020 - 5 : w/sls RECEIVED NOV 06 2023 10 a1T OF BLANeo To wron IT MAM CONJCERNS: Tis LETEL /5 70 STATE Ouk OBGECnON To TfE Wernuanay of TRCRSI DR Awy PERMANENT Fs/eomes ON oR ARONND THE PAINE BuSINESSI meMiry uurexw CHRCH- LOT BF RESPECFRuY, demllatl a PintB.7 LARR AWA NETNeR 621 7 67. (RO.RUK 513) Bieo 78606 WKm DE Wney Corein: to Ah ariterg reprek tuele 0A the duchetae the York Bot, Churbh yakg coreses My oppositi ahe hua uces M Hhe locatcon 1 aren Ehe hescdestre at he L am it Sopew A ebaes cosuek tss 281 Tocakn merier 1220L A couck prssehy the yprete pumers Saurew Yoe the -oumer 9 ehe neris has acmptk o oae E Kv mcia dtive %ev S GLRIERENtE effsc ALER eser DR Blme hafee %as ak mr otvecs, amk Rebe dE f Ses ama usigiew Sepe Lopnge Eke Ehe amk gurbew b the yubze sacictnd cosikeskn E ypoeh. - Kenk ypw yor at B thce repue - hpwaun RECEIVED NOV 02 2023 EZOZ SZ 130 G3AIEO3W I am writing this letter as a concerned resident of Blanco County. I have lived at my current residence for the past 10 years. In the early month of October, The Coffia Shop opened at the corner of gth and Elm. I have many concerns thatl would like to make aware to the city regarding this location. Since - have lived here there has always been traffic in the early morning for school drop offs and pick-ups. The roads are already bad with potholes and fast drivers. People also are in a hurry to get their kids dropped off at school. Since the Coffia Shop has opened there; it has caused more congestion with the traffic. It worries me for the safety of the children that walk to school. With people in a hurry and cars stopping at the corner an accident can happen. My second concern- A portable bathroom is placed at the location currently. have seen multiple people using the restroom even when the Coffia Shop is closed. People leave the door open while using the restroom and I have children at my residence. I do not feel the portable restroom is appropriate for the children that have to pass by walking home from school or for the children that have to wake up every morning and see that portable bathroom outside their window. It is also a safety concern if someone gets locked in the restroom afterhours due to it always being unlocked. As well as a sanitary concern for customers to not have a place to wash their hands. It also becomes a concern with the portable restroom getting knocked over being sO close to the road. My third concern- This is a residential area. All commercial location are located on 281 and 1623. If we allow this food trailer to be parked in the residential area, are we going to allow everybody to continue to place food trailers at corners of lots all through the City of Blanco? Why is this food trailer unable to locate at the corner of Elm and 1623 where the other food trailers are placed? Thank you for taking the time to hear me out and I hope you take my concern in consideration. Thank you, Pammy Breen 715 Eh St BIANco 7 79206 11/6/23, 11:46AM City of Blanco Mail Fwd: TneCalashop@gmaicom Gmo *BLANCOs Laurie Cassidy clypac@-tpypbimesgee Fwd: TheCoffiaShop@gmail.com 1 message Warren Escovy Date: Mon, Nov 6, 2023 at 8:42AM Subject: TneCofaShop@gmaicom To: eamndcyobaronsgon yaemrecyobamcgee I can't make the meeting tonight but was told I can contact you through email. My kids, grandkids and now gr. Grands go to Blanco schools. Ihave been very grateful for The Cofia Shop and the tasty treats and healthy drinks. Ihope they stay and grow. Sincerely, Catherine Touch 210-373-0938 Get Outlook for Android PLEASE USE NEW EMAIL cityadmin@ecityofblancotx.gov Warren Escovy Blanco City Administrator (830) 833-4525 ext. 105 (830) 330-1905 (cell) yadmin@s ofblancotx.goy GmoF A BLANCO TEXAS intpalimaigoogje.omhanonk-a2paDabsMer-yisadealsgmaho-hnea-tAPTA18S/M58S200saingl-magei7e183714546833003 1/1 11/8/23, 4:37 PM City of Blanco Mail - Fwd: Coffia coffee shop GmoE XBLANCOTus Laurie Cassidy Wed, Nov 8, 2023 at 10:26 AM To: Laurie Cassidy dbypec@elypllanot.gor Forwarded message From: NI B Tbumeres0@yahoo.om> Date: Tue, Nov 7, 2023 at 10:03. AM Subject: Fwd: Coffia coffee shop To: bpdnn@chobarcngpe Sent from my iPhone Begin forwarded message: From: N B mbumeresoeyanoocom> Date: November 7, 2023 at 9:49:31 AM CST To: yadmin@alyobancogor Subject: Coffia coffee shop My name is Nancy Burner and I live here in the great city of Blanco. I have noticed the lack of healthy food choices here and was very impressed when I found the Coffia food truck. As we all know there is basically only 1 grocery store in Blanco, which support by the way, but there's not a lot of choice and if there is it's way overpriced. There is only 2 adults in our home, one which eats only meat and potatos, and me being a pescatarian with digestive issues who eats mainly fresh foods with no preservatives which I'm highly allergic to. I am thrilled that this young lady has researched food and came up with foods that not only I can eat but educating our children and in my case grandchildren. In closing PLEASE give the go ahead for this wonderful unique place to stay and give it a go. Thank you for your time, Nancy Burner 808 Main Street Sent from my Phone PLEASE USE NEW EMAIL cityadmin@cityofblancotx.gov Warren Escovy Blanco City Administrator (830) 833-4525 ext. 105 (830) 330-1905 (cell) shatypneahatanols.gor CyoF BLANCOTES htps.l/imallgoogle.com'maluonk-a2b4Batbdbavew-pisearh-alspemthemtha-head.t:78201409257125789asimp-mspt1782014092671251763 1/1 11/8/23, 4:37 PM City of Blanco Mail Re: Keep The Coffia Shop Open Gmur - Laurie Cassidy A BLANCOTus Re: Keep The Coffia Shop Open 1 message Warren Escovy clyadmin@cityotblancot.gov> Wed, Nov 8, 2023 at 10:26 AM To: Sarah Evans sarlyandlamdpmaicome Cc: hecomashop@gmal.om, Laurie Cassidy dbpec@elypbanotgor Sarah, Thanks for emailing me your concerns. will include this in the packet to Council next week. Thanks On Wed, Nov 8, 2023 at 10:19 AM Sarah Evans wrote: To whom it may concern, Iwould like to express my opinion on why the Coffia Shop should be kept open, The owner has been a good friend of mine for many years and her hard work and dedication speak volumes This business has been her dream and has finally become a reality. I would hate to see her dreams crushed over nonsense complaints that aren't legitimate. Blanco doesn't have this kind of option for the public and the majority of them are crying out for something great as this. The Coffia is offering healthy options to our community in the forms of coffee, smoothies, soups and salads and more to come - The business is also supporting other local businesses which is so amazing and selfless - The convenience of the drive thru is just al bonus . Please take into consideration the many advantages over any disadvantages to keep this great business up and running to only better our community. Thank you, Sarah Evans PLEASE USE NEW EMAIL cityadmin@cityofblancotx.gov Warren Escovy Blanco City Administrator (830) 833-4525 ext. 105 (830) 330-1905 (cell) haspngchotanaikos GYoF M BLANCOTEus tps./mai.google.commaiu0r7k-a2b49at0dDayew-ptasearch-alképermthid-thte read dA1782014068093654585amp-mapHi7a201408809365458 1/1 11/8/23, 4:37 PM City of Blanco Mail Re: Coffia shop Gmor BLANCOrIs Laurie Cassidy ebpec@elypbancugpe Re: Coffia shop 1 message Warren Escovy Wed, Nov 8, 2023 at 10:03 AM To: Debbie Homeier debvalhom@gmail.come Cc: Laurie Cassidy dbpec@dlyetlancot.gor Received, will put this email in Council's packet for next week. Thanks On' Wed, Nov 8, 2023 at 9:31 AM Debbie Homeier ciebyalnom@gmalcom, wrote: Please vote to allow The Coffia Shop to stay in their current location. Great asset to Blancol!! Debbie Valone-Homele,Broker Vallone Real Estate II Sent from my iPhone PLEASE USE NEW EMAIL cityadmin@cityofblancotx.gov Warren Escovy Blanco City Administrator (830) 833-4525 ext. 105 (830) 330-1905 (cell) hatpineahotanokoge GYoF BLANCO TEXAS htps./mai.google.com'mal.0r7k-a2w4Palpobavewrpisearh-alspermmhn-hneadt1782012949387104208asimpl-msp*1782012649387104208 1/1 11/8/23, 4:36 PM City of Blanco Mail Re: The Coffia Shop Gmor A BLANCOTNS Laurie Cassidy Wed, Nov 8, 2023 at 3:31 PM To: robyn lasly sobynasy@yaho.com Cc: Laurie Cassidy cypec@clypbanolgor Robyn, Received, I will include it in the packet for the council members next week. Thanks On Wed, Nov 8, 2023 at 3:19 PM robyn lasly srobynasy@yahocom, wrote: Good afternoon!! was at the meeting on Monday for the coffia shop !! Iwould love for it to stay !! I am a daily visitor as like to get the protein shakes she provides for my health. also love the location as I get my shake at 3 pm right as I'm picking up my children from school . I am drinking my shake instead of snacking on crap snacks . So I am all in favor of the Coffia Shop continuing and staying open . Thank you - Yahoo Mail: Search, Organize, Conquer PLEASE USE NEW EMAIL cityadmin@cityofblancotx.gov Warren Escovy Blanco City Administrator (830) 833-4525 ext. 105 (830) 330-1905 (cell) ahasgneahotianclkons GyoF - BLANCOTEAS ittps./mai.google.com/malvuo/7k-a2b49at0dbaview-ptasearch-alapermthid-thread-t17820333001112435286simpl-msg-t.17820333033300111243528 1/1 NEW BUSINESS ITEM #2 Citp of Blanco TEX A & 2 P.O. Box 750 Blanco, Texas 78606 2 n Office 830-833-4525 Fax 830-833-4121 STAFF REPORT: 11-14-23 DESCRIPTION: Consideration, Discussion and Take Possible Action to Dissolve the Highway 281 Task Force Created under Resolution 2022-R-005 and in lieu thereof create a General Transportation Planning and Advisory Committee and a related Subcommittee thereto focused on Pedestrian and Alternative Transportation Modes ANALYSIS: As TXDOT has moved towards providing alternative transportation routes around Blanco and seems to be taking the City out of "route designation" Highway 281 task force lead by former Mayor Rachel Lumpee may need to be reimagined. A transportation committee that will look at 281, local streets, and other forms of transportation (sidewalks, pathways) needs to be formed. As part of this transtormation Administration and Council Member Swinson have discussed moving Blanco Wheels and feet to a subcommittee of a city board. The Blanco Wheels and Feet subcommittee of the Transportation committee would focus on walkability, education, and safety. City Administrator has discussed the liability of the education programs with TML Risk Pool and there appears to be no substantial cost to be covered by TML. The overall Transportation Committee will answer to Council and provide guidance with education, grant opportunities, and other items that will help the City grow in a responsible manner. FISCAL IMPACT: Provide guidance and solutions that will be beneficial to the City RECOMMENDATION: Dissolve the Highway 281 Task force and create a General Transportation and Advisory Committee with a related Pedestrian and Alternative transportation modes subcommittee. Blanco Wheels and Feet, Inc. improves walkability and alternative transportation for the community of Blanco by providing and enhancing infrastructure, encouraging public involvement, and educating people about the benefits and characteristics of walkable places. Blanco Wheels and Feet was founded as a 501(c)(3) nonprofit in 2020. It was named in honor of a previous city group from the mid 2000's that also focused on walkability in Blanco. We believe our group would be better served as a city committee at this time. Our community has demonstrated the desire for improved walkability, and we could better achieve that goal with support from council and staff. Many walkability projects (like walking paths) are built on city owned rights-of-way, sO a strong partnership with the city is essential for the future of walkability in Blanco. Here are a few selected comments we received from the community during our last walkability survey: 1 would absolutely love more sidewalks, bike lanes, and shared use paths in Blanco. Personally, - would use one every day going from about Chandler and Blanco Ave over the bridge to the main square (4th & Pecan). Blanco sidewalks and sidewalk access points are a real challenge for people with disabilities ranging from somewhat accessible to downright dangerous. think this is a great plan. Many kids walk to and from school in the street. I take daily morning walks with my toddler grandson. Sidewalks would certainly make these walks more enjoyable and safe. It is very dangerous to walk or bike around town. We have very few sidewalks and our streets do not have enough shoulder to walk in and feel safe. This is the kind of advancement that our precious Blanco actually needs. 1 fully support this grant application. Making our streets more safe is important to me and would be a huge benefit to our community. Please help bring this to our small town. Blanco desperately needs to be more walkable! More walking and bike paths would make Blanco a more livable and enjoyable city. It would make it easier for more people to walk and bike and, therefore, get more exercise to improve their health. Finally, it would be yet another attraction for visitors. We are 100% in favor of this initiative! It would be great to have and prioritize sidewalks that provide easy and safe access to the square from both fourth and third street and to the state park from 281 and river road. We love the town center. I'm happy that the city is investigating additional funding opportunities and is seeking community input. Past / Current Projects Blanco Bike Project - We take donations of old bikes, repair them, and give them away free to anyone who wants one, along with a helmet, bike lights and lock Group Walks or Bike Rides - Travel around Blanco, discuss what makes places walkable or not and identify safe pedestrian routes between destinations Pedestrian awards - We give out a sticker and a $5 bill to people we see walking around town to make walking fun and rewarding Market Days - Give away free 'walking lights' for nighttime visibility, take cash donations, learn about pedestrian challenges from the community, distribute educational and partner materials Bike Rack Project - We give and help install bicycle parking racks to local businesses Apply for walkability grants for the nonprofit or on behalf of the city Future Project Ideas: Walk with a Doc Program - Group walks for health. Partnering with a local doctor and citizen to bring this program to Blanco. Design low-cost walking paths throughout tow and find and apply for grants to fund them Partner with CARTS, our local bus service Kids' Bike Rodeo with Police Department - Bike race/event for kids. Give out youth bikes and accessories in partnership with the police department (they have donated some youth bikes) What we will donate: $1,054.53 in cash (minus any wind-down expenses) Bikes and accessories Market Days supplies All project documents 10/30/23, 8:33 AM City of Blanco Mail - public comment to be read into the record a the next council meeting GmF A BLANCOTuS Laurie Cassidy elypec@lyebamctgpe public comment to be read into the record a the next council meeting 1 message Heinz Roesch Thu, Oct 26, 2023 at 4:58 PM To: Laurie Cassidy dbpec@lyelbancolgoe I am Heinz Roesch, living on 1049 Cielo Springs Drive here in Blanco. I understand that the non-profit organization Wheels and Feet is to be disbanded and instead to be organized as a committee of the City of Blanco. As a financial supporter of Wheels and Feet from the beginning I support this decision and encourage the Council to embrace the idea of organizing a committee with the same goals and purposes i.e. increase walkability within the City of Blanco as well as encourage and enable the citizens to either walk or bicycle to places. We need to promote adding sidewalks, bicycle paths and crosswalks throughout the city. I thank the council members for their service to the city. A difficult task even in the best of times. Best regards, Heinz Heinz Roesch 1049 Cielo Springs Drive Blanco, TX 78606 heinz75@gmal.com 317-772-0248 cell htpsl/mailgoogle.com'malluo7k-a2bm4Batodbaiew-pisarh-alépemthemtid-hread-:70858955195032182ssimp-msgt1780856955195032182 1/1 NEW BUSINESS ITEM #3 Citp of Blanco P.O. Box 750 Blanco, Texas 78606 a Office 830-833-4525 Fax 830-833-4121 Request to be placed on City Council Agenda: I, Sasha Ricks request to be placed on the Agenda of the City Council Regular Meeting of November 14H 02093 (insert date of meeting). Agenda Topic/Concern: YTD Fmancials @ Budgekys epanse 8002-2083 Introduction/acgomd. Summatzing tho froncials Policy Analysis/Benefit(s) To Citizens: bhowving financial Horsparnlcy - Long Term Financial & Budget Impact: Snowwg Council Ond CAbens Were we nin QLonbdopt Dvd Fhonolals For 4003 293 RecummendatonPrmpad Motion: MIA Ia agree that the information must be submitted to the City Secretary no later than 5:00 pm Tuesday before the meeting date. 5 5 9 3 - 1n R H E 3 3 W 6 B B 8 9 a NEW BUSINESS ITEM #4 - RECEIVED NOV 0 2 2023 Blanco County Appraisal District PO Box 338/615 N Nugent Ave Johnson City, TX 78636 830-868-4013 Fax 830-868-7330 info@blancocad.com October 30, 2023 City of] Blanco Attn: Mayor P.O. Box 750 Blanco, TX 78606 RE: Blanco CAD Board of Directors Election-Ballots In accordance with the State Property Tax Code, Section 6.03: The chiefo appraiser shall prepare a ballot, listing the candidates alphabetically according to the first letter in each candidate 's surname, and shall deliver a copy ofthe ballot to the taxing unit that is entitled to vote. The governing body ofe each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser. The chiefo appraiser shall count the votes, declare the five candidates who receive the largest cumulative vote totals elected, and submit the results before December 31 to the governing body ofeach taxing unit in the district and to the candidates. A resolution/ballot is enclosed for your vote in the election of the Blanco County Appraisal District Board of Directors. The calculation of the voting entitlements is also included for your convenience. As stated above, results must be declared before December 31, SO please submit your ballot to our office by December 20th, 2023. Ifyou have any questions, please call our office. Thank you for your prompt attention to this matter. Sincerely, hu In Candice F6 Chief Appraiser Enclosures City of Blanço Allocation ofVotes-117.5 BALLOT RESOLUTION # 2023-R-014 ELECTION-BLANCO COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS 2024-2025 WHEREAS, The City Council of the City of Blanco pursuant to the Texas Property Tax Code Section 6.03, the procedure to elect members to the Appraisal District Board; did, in a duly called meeting on cast its allocation of votes as follows: CANDIDATE NUMBER OF VOTES Behrends, David Boyd, Lynn Coleman, Shelton Counts, Lanny Fox, Janice BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLANCO this day of 2023. Mayor ATTEST: Title: NEW BUSINESS ITEM #5 - Citp of BIanco TEX P.O. Box 750 Blanco, Texas 78606 a Office 830-833-4525 Fax 830-833-4121 11-8-23 STAFF REPORT: Disconnect dates DESCRIPTION: Move Utility disconnect date from November 21st to November 28th due to Thanksgiving Holiday. Waive December 21st disconnect date entirely for the month of December due to holiday. ANALYSIS: Utility Disconnects (water cut-off for non-payment) usually take place on the 215t of each month for customers who have not paid their water bill. Most utility bills go out at the end of the prior month with payment due on the 10th ofthe following month and a "cut-off" the following 21st. Due to Thanksgiving holiday on November 23th Staff recommendation is to move disconnect date to November 28th. Due to Christmas holiday occurring on Monday December 25th staff recommends waving disconnects in December altogether. FISCAL IMPACT: Late payment RECOMMENDATION: Move Utility disconnect date from November 21st to November 28th due to Thanksgiving Holiday. Waive December 21st disconnect date entirely for the month of December due to holiday. NEW BUSINESS ITEM #6 Citp of lanco TEXI P.O. Box 750 Blanco, Texas 78606 2m Office 830-833-4525 Fax 830-833-4121 STAFF REPORT: 11/9/23 DESCRIPTION: Consideration, Discussion and Take Possible Action on Approval to Complete "land-only" as-is conventional appraisal at a cost not to exceed $1,800.00 on City Surplus Property at Blanco Vista Estates, Lot 3 (9.43 Acres). ANALYSIS: Council will need to decide if it is the City's best interest to consider selling assets and what to do with said assets. The first step is in establishing what the value of said asset is (or could sell for). Robert West III with Stouffer and Associates does property appraisals and has estimated a cost of $1800 to perform an appraisal.. FISCAL IMPACT: $1800 fee RECOMMENDATION: Consider if Council wants to take the next step and order an appraisal of City property. NEW BUSINESS ITEM #7 - SECOND AMENDMENT TO UNIMPROVED PROPERTY CONTRACT This is an amendment to that certain Unimproved Property Contract ('Contract') by and between the City of Blanco ('Seller') and Winona 416 LTD ('Buyer'), dated December 1, 2021, relating to property described at Vol. 75, Page 673 and 674, Deed Records, Blanco County, Texas ('Property), including any amendments thereto, as follows: Buyer and Seller understand that the Property currently serves as a wastewater lift station for Seller, which is to be replaçed by other nearby and valuable property to serve the same purpose (Replacement Property'), that Seller is acquiringfrom Buyer by donation. The donation of Replacement Property, and the City's acceptance thereof, and this Contract are each conditioned on the other. By updated survey received by the parties, Buyer and Seller now understand that a portion of the Property overlaps with and includes property that is part of the adjacent Blanco State Park and is therefore property of the State of Texas. Accordingly, the Property description hereunder is hereby amended to include only that portion of the Property that lies outside the overlapping area ofthe Property, which is more fully illustrated by the northernmost, unshaded portion of the Property in the attached Exhibit "A". The amended Property area shall be substituted for the Property description herein and shall be surveyed and further described by field notes prior to closing. Based on the foregoing adjustment to the Property area, Buyer and Seller have agreed to adjust the purchase price oft the Property to reflect the reduction oft the property area, as well as a contingency in favor of the Buyer relating to access across the overlapping area owned by the State of Texas. Accordingly, the purchase price is adjusted to $50,000 payable at closing, which shall be held in escrow by Guardian Title, for a period of one (1) year after closing. If during such one-year period the State of Texas grants a right of access reasonably acceptable to Buyer through and across the overlapping property area, the escrowed amount shall be released In full to the Seller. If, however the State of Texas does not grant such access within such period, the escrowed amount shall be refunded to Buyer. Both Buyer and Seller shall fully cooperate and jointly act promptly to seek such access to the overlapping area. Dated to be effective this 191 day of Decembar 2022. SELLER: BUYER: City of Blanco Winona 416 LTD ) 15 By: By: Its: Lihy Adasi MIbrtNy Its: Genenl Pe-lai : s g 5 5 - 3 - 5 3 3 : 1 a à - : 3 E I & 5 B I - E : e 3 3 a 8 : € - B, 1 8 I S J ( * * e A 8 t Bi : E B 6 : I 3 I E E B 8 d8 - E E - - a 6 € : & a $ ( 3 a - a E I 3 I 8 3 81 I I $ 2 $ I 3 - - 8 E - I - 8 2 I I a a I I 1 : 8 - € 3 1 - I B I 1 8 I I 3 I B 5 - I a I R I 5 ! . - - ( a E , 1 6 I I H 84 d 1 N 8 3 . E I B I 1 U E Bi E 2 a I I 1 8 B e I & 2 I J I I a I 8 E E 3 I - Ai & I a 1 I 3 2 6 B I de I 8 S E B ! E 3 E 1 ! I à ri & N a 3 i a E a : ri 3 *i - a 1 I . N E I ! I A . 3 I & : - & - $ a 3 < S 32 - - a % I - - d , S : N o - & N K 5 E - B E - - e E € I 8 83 1 8 S & : a - 3 - 8 o 5 8 %, & > * % - € > de * i. 1 . S 4. - 1 & 5 € - & 5 € E : € 5 & - 5 e E & 6 & & 0 @ @ oot 3 - a * % * - €. € à de > 5 B * s 3 a I / 3 a ! 9 1 8 I 3 A N & I A aM @ E # E E 8 E E E E 3 8 E E - 1 E I & € 1 € ! I a 6 B 4 a 8 * 2 6 3 5 3 B 5 s : d8 I $ / ESCROW AGREEMENT DATE: December 22, 2022 ESCROW AGENT: GUARDIAN TTTLE CO., INC. DEPOSITING PARTY: WINONA 416, LTD. PERFORMING PARTY: CITY OF BLANCO Background: Depositing Party and Performing Party have enterèd into an Earnest Money Contract dated December 1, 2021, as amended, for the purchase/sale of the following real property: BEING. A0.44 ACRE' TRACTOFLAND SITOATED IN" THE CITY OFBLANCO, QUTOFTHE HORACE! BOGLESTONIEAGUE SURVEYNO. 24, ABSTRACTNO. 1, BLANCO COUNTY, TEXAS, AND BEIING A PORTION OF THAT TRACT DESCRIBED IN DEED TO THE CITY OF BLANCO OF RECORD IN VOLUME 75, PAGE 673, DEED RECORDS, BLANCO COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDSINEXIBI-A", ATTACHEDHERETO ANDI INCORPORATED HEREINI FORALL PURPOSES; 1. Escrow Agent, Depositing Party and Performing Party are entering into this Agreement. 2. Depositing Party is depositing in escrow with Escrow Agent the sum of Fifly Thousand and No/100 Dollars ($50,000.00). 3. The purpose of this Agreement is to allow sufficient time for Depositing Party and Performing Party to acquire ingress, egress and access easement from The State of Texas across the Blanco State Park from a public roadway to the Property and for said easement to be conveyed Depositing Party. 4. Escrow Agent ist to hold the funds in escrow in anticipation by the Performing Party oft the following acts: acquisition of ingress; egress and access easement from The State of Texas across the Blanco State Park from a public roadway to the Property- and conveyance of easement to Depositing Party. 5. IfPerforming Party completes the contingencies referred to in paragraph 4 of this Agreement during thet time specified in this Agreement, Escrow Agenti is instructed to dispose oft the funds in the following manner: pay $50,000.00 to the Performing Party. 6. The contingencies required ofPerforming Party must be fully performed within 365 days from the date of this Agreement. Ifall contingencies are not fully performed within that time, Escrow Agent will dispose oft the funds in the following manner: pay $50,000.00 to Depositing Party. 7. Escrow Agent agrees to hold the funds in accordance with the provisions of this Agreement. No interest will accrued on the escrowed funds. 8. Escrow Agent will receive no fce for performance ofthe services called for undert this Agreement. 9. Depositing Party and Performing Party agree that Escrow Agent will have no responsibility under this Agreement except for the safekeeping and handling ofthe funds deposited with Escrow Agent by Depositing Party. Escrow Agent will not be liable for any act or thing done by it relating to this Agreement. except for the negligence or willful misconduct ofEscrow Agent. Ifconflicting demands are made on Escrow Agent by Depositing Party and Performing Party, Escrow Agent may withhold its performance under the terms of this Agreement until the conflicting demands are withdrawn or the rights oft thc parties making the demands are settled by a court of competent jurisdiction. 10. Escrow Agent may resign as Escrow Agent by giving 30 days written notice to Depositing Party and Performing Party ofi its resignation. Escrow Agent will then deliver the funds it is holding under the terms of this Agreement in accordance with the joint written instructions given it by Depositing Party and Performing Party. If no instructions are given to Escrow Agent within the stated time period, Escrow Agent is authorized to deposit all the funds into the registry of a court of competent jurisdiction. 11. Depositing Party and Performing Party may remove Escrow Agent, with or without cause, and appoint a substitute escrow agent by givingjoint written notice to Escrow Agent. Escrow Agent will deliver the funds as directed in the notice with ten days after the date of notice. DEPOSITING PARTY WINONA 416 LID By. PERFORMING PARTY CITY OF BLANCO By NA boly ESCROW AGENT GUARDIAN TITLE CO., INC. - DANW Escrow Agreement and $50,000.00 is transferred to assigned to HILL COUNTRY TITLES, INC. this 1 day of August, 2023. DEPOSITING PARTY PERFORMING PARTY WINONA 4163 CITY OF BLANCO By We - - - h6 - plulzz By - ORIGINAL ESCROW AGENT GUARDIAN TITLE Co., INC. By - Her slafau SUCCESSOR ESCROW AGENT HILL COUNTRY TITLES, INC. By - PERFORMING PARTY CITY OF BLANCO - By. Wer VAS ESCROW AGENT GUARDIAN TITLE CO., INC. - - - A Escrow Agreement and $50,000.g0 is transferred co assigned to HILL COUNTRY TITLES, INC. this 1day of August, 2023. DEPOSITING PARTY PERFORMING PARTY WINONA 4165 CITY OF BLANCO We 16 elulzz By By ORIGINAL ESCROW AGENT CUARDIAN TITLE CO., INC. By, shet shfos - SUICCESgOR-EECRQV AGENT HIY COUNTRY) TITLES INC. F , Pageiofi LAND SURVEYIN 6, LLC A 0.44 ACRE TRACT A0.44. ACRE TRACT OF LAND SITUATED IN THE CITY OF BLANCO, OUT OF THE HORACE EGGLESTON LEAGUE SURVEY NO. 24, ABSTRACT NO. 1, BLANCO COUNTY, TEXAS, AND BEING AI PORTION OF THAT TRACT DESCRIBED IN DEED TO CITY OF BLANCO OF RECORD IN VOLUME 75, PAGE 673, DEED RECORDS, BLANCO COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: NOTE: (BASIS OF BEARING IS TEXAS CENTRAL ZONE, NAD83.)(Job No. 21-239) POINT OF COMMENCEMENT: At a %i inch iron rod found in the northeast right of way line of4th Street (aka Loop 163), for the south comer of a 1.20 Acre Tract described In deed to Sykes Properties Il, Lic, of record in Document No. 181844, Official Public Records, Blanco County, Texas and a west comer of .a State Park" Tract:; THENCE: Departing the northeast right of way line of 4h Street, with the southeast line of the 1.20 Acre Tract and a northwest line of State Park Tract, thet following calls and distances: N 4401747" E, 111.37 feet to al K" iron rod with cap stamped "RICKMAN" found for an angle point; N: 38°53'18" E, 50.32 feet to a 36 iron rod found for the east comer of the 1.20 Acre Tract, a south comer ofL Lot 4A, River Park accprding to plat of record in Volume 3, Page 216, Plat Records, Blanco County, Texas, a comer oft the State Park Tract, and the west comer ofThis Tract and the POINT OF BEGINNING: THENCE: With a southeast, southwest: and northwest line of Lot 4A and the northwest, northeast and southeast line of This Tract, the following calls and distances: N 42°07'46" E, 229.40 feet, with a southeast line ofLot 4At to a % iron rod found for a reentrant comer of Lot 4A and the north comer of This Tract; S 41°38'34" E, 96.56 feet to a % iron rod with cap stamped "RICKMAN" found for a reentrant corner of Lot 4A and the east comer of This Tract; S 42°12'34" W, 174.28 feet to a % iron rod with cap stamped "BAKER" found in a northeast line of the State Park' Tract, for a southwest corner ofl Lot 4A, and a south comer of This Tract; THENCE: N7 72°52'21"W, 105.64 feet, with the northeast line of the State Park Tract and the southwest line of This Tract to the POINT OF BEGINNING and containing 0.44 acres ofland in the City of Blanco, Blanco County, Texas, according to a survey on the ground on April 12, 2022, by Rickman Land Surveying, LLC. Beben OF Maeltn Marion Ruth Bolton 2-19-Zozz Registered Professional Land Surveyor No. 4727 a MARION RUTH BOLION "Exhibit, 4727 ESs19 419 Big Bend Canyon Lake, Texas 78133 Phone (830) 935-2457 SUR & wwismnindinepngcmn TBPLS Firm No. 101919-00 NEW BUSINESS ITEM #8 E NEW BUSINESS ITEM #9 - Warren Escovy Pessible-Contract Terms Discussion Points Escovy Proposal Points: 4-year contract instead of a 3-year $154,600 current Salary $159,600 (reduction of $5,000) 3% merit increase instead of the 4% that is currently budgeted (caps city expenses by almost $6500 the first year) City continues 6-month severance which will also cover employee only heatlh insurance for 6 months with the severance. 2-month Employee and City Notification of termination of contract or employment including non-renewal of Contract. (currently it is 30 days for city termination, 6 months for non-renewal of contract, and 90 days for employee termination of contract) AMOtANOTERMINATONALOWEP WRhowteNuse-aReraneleionafamew counei-member Clean up from current contract: eg, 6 months for severance to kick in and moving expenses will need to be removed from a new contract. Formatted: Strikethrough City of Blanco, TX City Administrator. Agreement THE STATE OF TEXAS S COUNTY OF BLANCO $ KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT ("Agreement") is made and entered into effective the 104" day of OctoberDecembes, 20231, by and between the City of Blanco, TX, a municipal corporation ("City") and Warren Escovy ("Administrator"). WITNESSETH: WHEREAS, the City Council oft the City (the "Council") andi the Administrator believe that an employment agreement negotiated between the Council, on behalf oft the City, and the Administrator can be mutually beneficial to the City, the Administrator, and the community they serve; WHEREAS, when appropriately structured, the Council and the Administrator believe an employment agreement can strengthen the Councl-Adminlstrator relationship by enhancing the excellence and continuity of the management oft the City for the benefit of its citizens; WHEREAS, the Council, on behalf of the City, desires to continue to employ the services of the Administrator, as the City Administrator of the City ("City Administrator"), pursuant to the terms, conditions: and provisions of this Agreement; and WHEREAS, the Administrator has agreed to continue to accept employment as the City Administrator, subject to the terms, conditions and provisions of this Agreement. NOW, THEREFORE, the City and the Administrator, for and in consideration of the terms, conditions and provisions hereinafter established have agreed, and do hereby agree as follows: L.Term 1.1 TERM. The term of this Agreement shall be for a term of fourthree (43) years beginning on Octoberlanuary 10, 20232, (the "Commencement Date") and ending on Octoberlanuary 10, 20275, provided, however, that the term oft this Agreement shall be subject to earlier termination by a Unilateral Severance (as defined and set forth in Section 6.4 below): at the pleasure of the Council. The Council must provide 26-month notice of non-renewal of this contract. Formatted: Font: 11 pt 1.2 EXTENSION. The City may, by action of the Council, and with the consent and approval of the Administrator, extend the term oft this Agreement. II. Employment 2.1 CHIEF OFFICER. The Administrator is the Chief Officer over: all City Staff and shall faithfully perform the duties of the City Administrator as prescribed in the job description, and City ordinances and, as may be lawfully assigned! byt the Council (collectivelythe "City Administrator's Duties"). Further, the Administrator shall comply with (collectively "Applicable Laws and Authorities"): state and federal law; all City policies, rules, regulations and ordinances as they exist or may hereinafter be amended; and all lawful Council directives. All duties assigned to the Administrator by the Council shall be appropriate to and consistent with the professional role and responsibility oft the City Administrator position. 2.2 DUTIES. The Council does hereby employ Administrator as City Administrator to perform the City Administrator's Duties in accordance with and pursuant to all Applicable Laws and Authorities and each ofthef following duties tot the fuil extent not prohibited by or in material conflict with Applicable Laws and Authorities: a. Employ, on behalf oft the City, all other employees of the City. b. Direct, assign, reassign and evaluate all of the employees of the City. C. Organize, reorganize and arrange the staff of the City. d. Develop and establish internal regulations, rules, and procedures which the Administrator deems necessary for the efficient and effective operation of the City. e.A Accept all resignations of employees of the City, except the Administrator's resignation which must be accepted by the Council. The Administrator: shall otherwise perform the City Administrator'sl Duties with reasonable care, diligence, skill and expertise. 2.3 REASSIGNMENT. The Administrator cannot be reassigned from the position of City Administrator to another position without the Administrator's) prior express written consent. 2.4 COUNCIL MEETINGS. Except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the Administrator or the Administrator's designee shall attend, and shall be permitted to attend, all meetings oft the Council, both public and closed, with the exception of those closed meetings devoted to the consideration of any action or lack of action on this Agreement, or any amendment thereto, the Administrator's evaluation, or for purposes of resolving conflicts between individual Council members. 2.5 CRITICISMS, COMPLAINTS, AND! SUGGESTIONS. The Council, individually and collectively, shall refer in at timely mannera all substantive criticisms, complaints, and suggestions called to the Council's: attention to the Administrator for study and/or appropriate action, and the Administrator shall refer the matter(s) to the appropriate City employee or shall investigate such matter(s) andi inform the Council oft the results of such efforts. 2.6 INDEMNIFICATION. To the extent it may be permitted to do by applicable law, including, but not limited to' Texas Civil Practice & Remedies Code Chapter 102, the City does hereby agree to defend, hold harmless, and indemnify Administrator from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Administrator in the Administrator's individual or official capacity as an employee and as City Administrator, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise ini the future from an act or omission of Administrator, as an employee ofthe City, actingy within the course: and scope ofthe Admlnisratofisempboyment with the City; excluding, however, anysuch demand, claim, suits, actions,) judgments, expenses and attorneys" feest for those claims or any causes of action where it is determined that the Administrator committed official misconduct, or committed. a willful or wrongful act or omission, or an act or omission constituting gross negligence, or acted in bad faith; and excluding any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract, held either by the City or by the Administrator. The selection oft the Administrator's legal counsel shall be with the mutual agreement of the Administrator: and the Cityi ifs such legalcounseli is not also City'sl legal counsel. Al legal defenser may be provided through insurance coverage, in which case the Administrator'si right to agree to legal counsel providedi for him will depend ont thet terms oft the: applicable insurance contract. To the extent this Paragraph 2.6 exceeds the authority provided and limitations imposed by Texas Civil Practice & Remedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this Paragraph 2.6 shall survive the termination, expiration or other end of this Agreement and/or the Administrator's employment with the City. 2.7 APPROPRIATION. The Council has appropriated, set aside and encumbered, and does hereby appropriate, set aside, and encumber, available and otherwise unappropriated funds of the City in an amount sufficient tot fund and pay all financial obligations oft the City pursuant to this Agreement. 2.8 HOURS OF WORK. The Administrator acknowledges the proper performance of the City Administrator's Duties require the Administrator to generally observe normal business hours and will: also often require the performance ofr necessary: services outside of normal business hours. The Administrator agrees to devote such additional time as is necessary for the full and proper performance of the City Administrator's Duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be permitted the Administrator, such as is customary for exempt employees so long as the time off does not interfere with the normal conduct of the office of the City Administrator. The Administrator will devote full time and effort to the performance of the City Administrator's Duties and shall remain in the exclusive employ of the City during the term of this Agreement; provided that, with the prior consent of the Council, the Administrator may accept outside professional employment which does not interfere with the Administrator performing the City Administrator's Duties hereunder. The term "outside professional employment" means professional services provided to third parties for which the Administrator is compensated, and which are performed ont the Administrator's time off. III. Compensation 3.1 SALARY. The City shall provide the Administrator with an: annual: salary in the sum of $1542,6000. After e-yAealutf the Administrator performs at a satisfactory level, he would be granted a Formatted: Font color: Blue, Strikethrough 35% annualn merits salary increase er57600foratolslsabanyof9i59,s99on each anniversary date,ef the Formatted: Font color: Blue, effective date of this asememteereitetesfemelymens thes employee'ss start date of January Light Strikethrough 11 This annual salaryr rate shall be paid to the Administrator in equal installments on the same schedule Formatted: Font color: Light Blue Formatted: Superscript Formatted: Font color. Accent 5 as other City employees and shall be paidi net of any applicable withholding or deductions required by the Applicable Laws and Authorities. AUTOMOBILE & PHONE-ALLOWANCE. The Council shall pay the Administrator mileage when he conducts business on behalf of the City out of the city limits of Blanco, Texas. A city cell phone shall also be provided to the Administrator. 3.2 SALARY ADJUSTMENTS. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Administrator, but in no event shall the Administrator be paid less than the salary set forth in Paragraph 3.1 of this Agreement, except by mutual agreement oft the two parties. Such adjustments, if any, shall be made pursuant to lawful Council resolutions. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute a new agreement incorporating any applicable terms. 3.3 PAID LEAVES VAÇATION, SICK/PERSONAL AND HOLIDAY. The Administrator shall accrue leave at a rate of 15 days per year, and any such leave to be in a single period or at different times. The vacation leave taken by the Administrator will be taken at such time or times as will least interfere with the performance of the City Administrator's Duties. The Administrator is hereby granted the same sick/personal leave benefits as authorized by Council policies for administrative employees. The Administrator shall observe the same legal holidays as provided by the City for its administrative employees. 3.4 BENEFITS - GENERAL. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Administrator shall be entitled to the same benefits that are enjoyed Ibyanyother: administrative employees oft the City pursuant to allA Applicable Laws and Authorities. 3.5 INSURANCE - HEALTH. The City agrees to pay the premiums for health, hospitalization, vision, dental and comprehensive medical insurance for the Administrator pursuant to the group health care plan provided by the City for its administrative employees. The Administrator will payi for his/her dependents at the: same rate as that paid by other administrative full-time employee. 3.6 RETIREMENT BENEFIT. The City agrees to enroll the Administrator into the applicable state or local retirement system and to make at least the same level of contributions for the Administrator or on the Administrator's behalf as the City does for its other administrative employees consistent with all Applicable Laws and Authorities. 3.7 Expenses. The City shall pay or reimburse the Administrator for reasonable expenses incurred by the Administrator in the continuing performance of the Administrator's duties under this Agreement. The City agrees to pay the actual and incidental costs incurred by the Administrator for travel. Such actual or incidental costs may include, but are not limited to, gasoline, hotels and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Administrator shall comply with all procedures and documentation requirements in accordance with Applicable Laws and Authorities. 3.8 Bonds. The City shall bear the full cost of any fidelity or other bonds required of the Administrator under any law or ordinance. 3.9 Civic Activities. The Administrator is encouraged to participate inc community and civic organizations and activities. The cost of such activities shall bel borne by the City. [Additional Benefit Provisions mayShould Be Included as Appropriate, by agreement of the parties) IV. PROFESSIONAL GROWTH 4.1 PROFESSIONAL DUES AND SUBSCRIPTIONS. The City agrees to budget for and to pay for professional dues and subscriptions of the Administrator necessary for continuation and full participation in national, state, regional, and local associations and organizations as necessary: and/or desirable for the good of the City through the Administrator's continued professional participation, growth and advancement. 4.2 PROFESSIONAL DEVELOPMENT TRAVEL. The City agrees to budget for and to pay for travel and subsistence expenses of the Administrator for professional and official travel and meetings to adequately continuei the professional development ofthe Administrator: and1 to pursue necessary official functionsf for the City, including but not limited to the Texas Municipal League, the Texas City Management Association, the Texas Floodplain Management Association and such other national, regional, state and local governmental groups and committees in which the Administrator is a member. 4.3 PROFESSIONAL CONTINUING EDUCATION. The City also agrees to budget for and to pay for travel and subsistence expenses of Administrator for short courses, institutes, and seminars that are necessary and/or desirable for the good of the City through the Administrator's professional development. V. PERFORMANCE EVALUATION 5.1 EVALUATION PROCESS. The Council shall review the Administrator's job performance at least once mlRREEe beingin- 6months-and hesecond-rewew-in: 1-wess Formatted: Font color: Light Blue, Strikethrough eflNi-agreememtonthe. employee's: annual startdateof January 11th. Thereafter, job performance evaluations will be conducted annually unless the parties agree otherwise. The annual performance reviews and evaluations shall be in writing and in accordance with criteria and format developed jointly by the Council and the Administrator. The Council shall provide the Administrator a reasonable and adequate opportunity to discuss with the Council and/or respond to the Administrator's evaluation. 5.2 CONFIDENTIALITY. Unless the Administrator expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the evaluation of the Administrator shall at all times be conducted in closed session of the Council and shall be considered confidential to the maximum and full extent permitted by law. Nothing herein shall prohibit the Council ort the Administratori from sharing the content ofthe Administrator's evaluation with their respective legal counsel. 5.3 MODIFIÇATION OF EVALUATION PROCESS. In the event the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would requirer new or different performance expectations, then the Administrator: shallb be provided at reasonable period oft time to demonstrate such expected performance before being evaluated. VI. TERMINATION 6.1 TERMINATION EVENTS. This Agreement shall terminate upon any of the following: a. Mutual agreement of the Council and Administrator in writing and signed by each of them; b. Retirement or death of the Administrator; C. Termination of Administrator's Employment for "good cause" (as defined in Paragraph 6.21 below); or d. Al Unilateral. Severance (as defined and: set forth in Paragraph 6.3 below). 6.2' "GOOD CAUSE". For purposes of this Agreement the term "good cause" is defined as follows: a. Any wilful, knowing, grossly negligent, or negligent breach, disregard or habitual neglect of any provision of this Agreement, or any willful, knowing, grossly negligent, of negligent breach, disregard or habitual neglect of any duty or obligation required pursuant tot this agreement. b. Any misconduct of the City Administrator involving an act of moral turpitude, criminal illegality (excepting minor traffic violations), or habitual violations of the traffic laws, whether or not related to City Administrator's official duties hereunder. C. Any willful, knowing, grossly negligent, or negligent misapplication or misuse, direct or indirect, by City Administrator of public or otheri funds or other property, real, personal, or mixed, owned by or entrustedi tot the City, any agency or corporation thereof, or the City Administrator in his official capacity. 6.3 UNILATERAL SEVERANCE. As one of the termination events specified above in Paragraph 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, whether with or without good cause, upon written notice to the Administrator as specified below and payment to the Administrator of the Severance. Amount (as defined below), the Severance Benefits (as defined below) and the Current Obligations (the "Unilateral Severance"). If the Council determines that it desiresa Unilateral: Severanceits shall provide written notice to1 the Administrator: at leasts sixty-thirty (6030) days in advance of the effective date of such termination, which specifies: (aa) the Council has voted to pursue al Unilateral Severance pursuant tot this Paragraph 6.3oftheA Agreement, (bb)t the effective date oft the Unilateral Severance ("Severance Effective Date"), and (cc) the City's commitment to payt the Severance Amount (including a specific line item breakdown of the items that constitute the total Severance Amount), the Severance Benefits and the Current Obligations. On or before the Severance Effective Date, the Administrator may by written noticei to the City direct that the Severance. Amount be paid and payable in a manner directed by the Administrator, provided that the total Severance. Amount must be paid and payable on or before the first anniversary of the Severance Effective Date and there shall be no limitations on the City making all deductions and withholdings required by law. The "Severance. Amount" means the total amount of: (a) an: amount equal to the value of 6 months of the Administrator's then current salary (subject to adjustment as set forth below), to serve as the primary basis for the Administrator's severance pay, plus the value of any accrued but unused vacation days, computed on an hourly basis determined by dividing the Administrator's then current annual salary by 2080 hours, and the value or provision of health insurance benefits then in effect. as described in paragraph 3.5 above, for a 6-month.period. The "Current Obligations" includes all salary and benefits under this Agreement payable or otherwise owing by City to Administrator through and including the Severance Effective Date. Conditioned upon the Cityfulfilling its obligations to payt the Severance Amount and the Current Obligations, upon a Unilateral Severance, the Administrator waives and releases the Administrator's rights to continued employment with the City and the parties waive and release the right to an arbitration hearing on the issue of good cau use se. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or: statements about each other. aneelees ne Sevesnse-AmoumtssNeaddie30deine CHydministsorhastemempeyylhech/sayeneessthan6menths. 6.4 TERMINATIONI BY ADMINISTRATOR. The City Administrator canmay sever employment by providing a written resignation with a 690- day notice toi the City Council of the City VII. GENERAL PROVISIONS 7.1COMPLETE. AGREEMENT. This Agreement sets forth ande establishes the entire understanding between the City and the Administrator relating to the employment of the Administrator by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part oft this Agreement. 7.2 BINDING EFFECT. This Agreement shall be binding on the City and the Administrator as well as their heirs, assigns, executors, personal representatives, and successors in interest. 7.3 SAVINGS CLAUSE. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable, or void ina anysituation and in any jurisdiction, such determination: shall not affect the validity ore enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation ori in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal, unenforceable, or void term or provision with at term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. 7.4 CONFLICTS. In the event of any conflict between the terms, conditions and provisions of this Agreement and the Applicable Laws and Authorities, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of the Applicable Laws and Authorities during the term of this Agreement. 7.5 CONTROLLINGI LAW AND' VENUE. This Agreement shall be governed by and construed and enforced in accordance with the laws oft the! State ofTexas and shall be performable and enforceable! in Blanco County, Texas, unless otherwise provided by law. CITY OF BLANCO TEXAS By: Its Executed to be effective theis 104th day of OctoberDecembes, 20231. CITY ADMINISTRATOR: Executedi to be effective thisthe 10th day of October- 2023- Formatted: Superscript OLD BUSINESS ITEM #1 Citp of Blanco TEXAS P.O. Box 750 Blanco, Texas 78606 Office 830-833-4525 Fax 830-833-4121 STAFF REPORT: 10/10/23 DESCRIPTION: Concept Plan of a 627 acre project in Blanco's ETJ which will include up to 84 single family homes and 128 acres of commercial property. A variance to allow a portion ofthe entry way to Blanco River Ranch to be in the 100 year flood plain. ANALYSIS: The Concept Plan for Blanco River ranch consists of 627 acres in which 63 lots are shown with ROW frontage and 21 lots are indicated as future residential. There are vineyards, tasting room, event center, rentals and other commercial areas that make up 128 acres of non-residential development. The property is located north ofand adjacent to RR 165 and the Blanco River and east ofSunset Ridge and the Blanco City Limits line. The main access to Blanco River Ranch will come from a main roadway that accesses from RR 165 over the Blanco River with secondary access from Sunset Ridge. The main roadway access be served from an improved water crossing. The Concept plan has mostly 5 acre lots that will be served by well and septic. The plan also shows 63 lots with the other 21 being future lots. The concept plan will be considered a preliminary plat except for the areas that are "future." The basic roadway and concept plan meets all requirements of a plat except for the requirement to provide a main access that is "unflooded." This requirement has been addressed with the variance request. The secondary access is unflooded though not improved. A variance has been requested to allow aj portion ofaccess roadway to be in the 100 year flood plain. The City of Blanco Unified Development Code (November 2020) Section 6.2 General Standards and Requirements has adopted the City of Austin Drainage Criteria Manual COA DCM as part of its drainage design criteria. Accordingly, a waiver will be required to allow access to RR 165 since this is in the regulatory FEMA floodplain. The owner applicant has addressed this issue with requesting a variance. The City's responsibility is to review the concept plan, any platting required and approve all drainage or floodplain review ofthe project. Because the project is entirely in the ETI, any permitting or site development review will be performed by Blanco County. TEX - This development will provide residences and economic development for Blanco County but will not directly affect the City of Blanco. The event center and winery may provide an option for Blanco area residents and there may be some indirect traffic from the project. The Concept plan meets all City requirements if the variance is approved. FISCAL IMPACT: No direct impact to the City. RECOMMENDATION: P&Z voted 3-3 and therefore no formal recommendation can be made. However, project can be approved with the following conditions: 1. Along with the normal required documents for final plat the following will be required: A floodplain study proving there are no-impacts (no rise to the 100-year water surface elevation (WSE) to the floodplain with the proposed improvements. (will be required with the first Final plat ofa any section). 2. Consider the secondary access at Sunset Ridge an emergency access and put up a gate (crash gate) at Lot 21 making that road an emergency access only" for a majority ofthe property but still allowing the future residential (69 acres on the west end) to have Sunset Ridge access as it always has. - City of Blanco Application for Plat 3001 Pecan Street P.O. Box 750 Blanco, TX 78606 830-833-4525 Uila-ipplamotge Check ones Master Development Final Plat X Preliminaryl Plat Vacnting Plat Plan Replaf Amending Plat DevelopmentPlat Conveyance. Plat 1. Name of Subdivision: Blauco RIVeR 2anch Unit No Location Despiowhaytlatees 7072 TM T6S SGLo Sunsef Ridge Phapr Paralice LLC 2. Owner/Applicant, Park JpalmtnopN-ci-cen Address: 7700 W Huy7 Suile 300 Ausha 78Email: 9PlggLem Telephone: S1Z. 732.2922 Fax: 72.732. N3 Mobile: 456-341-4517 Note: Jfapplicant is person other thane owner, ai letter gfauthorization must be providedfrom owner. 21 4. 924.5098 3. Licensed EmghxerSaregertahaial contaço: Jol Nol Address: 5707 Soudlva ast Pkvay BI23uitt 250 Email: Jhocila d auha avsay.om Telephone: 512 - 399. 536 Fax: h 78735 Mobile: 12. G95. - 9955 4. Property Details: bell City Limits: LOut (ETD) Water Source: Commercial: csNo Sewage Treatment: Septic Residential; YCN No G8 TxDOT Frontage: Yes No No. ofLots: 100-Year Floodplain: Yes No Total Acreage without floodplain: 638.22 Density Class: pyL S acrs Edwards Aquifer Zone: Recharge Zoning Class: hone Contribuling 5. Waiver: Ihave attached the notarized 30-day waiver signed' by the owner waving my rights to seo 212,009 of the Local Govemment Code, allowing the City more time to properly review thea application I am opting out oft the 30-day waiver acknowledging my application will be reviewed asis. The undersigned agrees to comply with all platting and subdivision requirements ofthe City of Blanco, and hereby authorizes the surveyor/engineer to reçord the approved final plat. The undersigned agrees to pay the appropriate fees and agrees to pay fees for any additional review requiring consultation with City Consultants, including involyement of a contract engineer in a predevelopment conference. To the extent possible, City Staff will provide the Owner/Applicant with an estimate of fees should outside çemsultation' berequired, 8:30-2 23 SEmMtrdTOMPTATPIemL Date FEE PLUS' THE ÇOST OF ENGINEERING REVIEW WHICH WILL BE BILLED TO THE. APPLICANT. PLAT WILL: NOT BE APPROVED UNTIL FINAL INVOICE IS SETTLED Plat submittals should include one (1)] hard of each required submittal document, as well as digital PDF versions of éachi coyot document, including application. City of Blanco Application for Variance Request/Special Use permit 1. Owner Information (the holder (s) of al legal or equltable interest In the Subject Property as shown by the deed records of Blanco County. Property owner'sfulll legal name: Pbop PaRadise Park, LLC Property owner's malling Address: 7700 6o Huo7 Hsute 300 City: Augin State:' TA Zip Code: 78735 Home Phone: Work Phone: S12.732.2922 Cell: 956. 341. 4591 Jay Emall Address: JPaMeRa poMcone CONA 214.924. So 98 GI5 9PoIMOR a Palncolne .(o 2, Applicant Information (a person Seeking approval of an application ; can be the Owner or Deslgnated Representative of the Owner) Same as Owner (Ifo checked, skip to Section 3) Applicant's full legal name: Applicant's malling address: City: State: Zip Code: Home Phone: Work Phone: Cell Phone: Email Address: 3. Designated Contact (the Individual who the Owner or Applicant has Chosen to recelve all communications on his/her behalf related to the Application): Same as Owner (skip to section 4) Same as applicant (skip to Section 4) Contact name: Contact maillng address: City: State: Zip Code: Home Phone: Work Phone: Cell Phone: 4. Additional Information Required Of Business Entities Only: Is 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 to file an Application on behalf of the company. Not Applicable. The Company Is serving as the Applicant. 5. Owner's / Applicant's Certification Ihereby certify that theinfortlon) provided herein is true and correct to the best of my knowledge. Signature: Date: - Printed Name: BN.TA AA 1 City of Blanco Application for a Varlance Request Property Information 1. Owner Information: Property Owner's Full Legal Name: PhaRR PaRadise PaRk, ILC 2. Property Information (the property or tract for which this application has been submitted.) 911 street address of property (IF established) 1072 FM 76 S 15G6 Sunset Description: S A Ridsc Legal e oft Fached eXLbit Lot: Block: Subdivision: Sec: Phase: If not located in Subdivision: Survey: Abstract: Recorded (Vol/Page) 3. Type of Varlance being requested 1. Sign 2. Bullding setback 3. Administrative 4. Special Use 5. Other (please Explain) Access Vaance Posdplean) All Applicants Complete thel Following: Ordinance and Requirements of Regulation Variance Sought from requirements section being appealed The Thet vort a, SRcoudory wtRance Plars bL OCCRSS thRough Sunset Ridge ho. floodet Road OWR PRIMORY FM 165 Consider flvotptais btaeptable fOR plathins pwposes. 2 Hardship Findings (attach additional sheets If necessary): Describe the actual situation ofthe subject property and any special or unique condition(s) found thereon which may cause unusual and practical difficulty or unnecessary hardship If Applicant Is made to comply with strict enforcement of the ordinance: Ihe orziglal 516 acnue tracthas ho hon flooded Buohen uo 0S told thot purchasins pnopenty to -the NyJ o/ig)mal Mact that R pRouides access Loouil allous fol R PR)MAR Qvt Ran Ce fnon s Sar9bdePAEEES veh & Describe how strict enforcement ofthe provisions ofi the ordinance that are sought to be varied will (A) deny the applicant the privileges or safety commonly enjoyed by neighboring or similarly situated property in the City of Blanco with similarly timed development and (B) deprive the Applicant the reasonable use of his/her land, and that fallure to grant this variance would result in undue hardship to the Applicant: : lol-Hhout His Variance +e pRopaty Quohen. vsould hot be ablc +o develop Hs phoperti as S paimapy ewtRances aIzA '1 & foodplaln. Describe how the granting of a varlance will not be detrimental to public health, safety, and welfare, will not be Injurious to other property, or will not prevent the enjoyment/use of adjacent property owners: 7h.e Varlance boould RhSuRR hat ousheR, Could ufo. Hs Rutrance. and pRovide Secoudany, access FOR public AEReRS Safcy and uselfane 'I the unlikel7 Lase ofa floed eMenseucy. Describe how the hardship sought to be avolded Is NOT the result of (A)the applicant's own actions (self imposed or self created) and /or (economic or financial hardship) Fp 105 is Considened +o be '1 the floeplain 64 HhL of Blaunco. Blanco and RDot botts oppreved access 5 J6s. The opplicant did detarnthe +tat IM IGS baas 0- 7 floodplAle, Describe how the variance will improve the functionality of the property: L will allous He pnopenty 4o uSQ s PRIMART autrance at al times othen than 0, Plood RMensency vohich Rus uNS less ERafic om Sunget Ridse. Attach any requested bullding plans, site plans, plats, surveys, or any other pertinent documents having any Importance to this request behind this sheet and listo documents and descriptions below: 1. 2. 3. 4. 5. 6. 7. 8 3 9. Owner's/ Applicant's Certification: Ihereby certify and agree to the following: 1, Ihave carefully read the complete Application and know all: statements herein and in the attachments hereto are true and correct to the best of my knowledge. 2. The Owner of the Subject Property, if different from the Applicant, has authorized the submittal oft this application. 3. No work ini relation to the requested variance may start until such variance is approved by the City Council of the City of Blanco. 4. Varlance approval may be revoked If any false statements are made herein. 5. As the Owner of the above property or Duly Authorized Applicant, I hereby 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 to review and act upon this Application. A Signature: Print Name: GPALJen M Date_ 8-36-73 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 number. 2. Map, clearly showing the site in relation to the adjacent streets and distance to the nearest thoroughfàre. 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 Nugent Ave. Johnson City, TX 78636. (830) 838-4013.) 4. A completed application. 5. 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LANCO RED URVEYOR 0. 46 EMED 2012 2043 - E A S EAT FAHGAAT 40 Nax HDE EVIAVR-GS ADMSDAS MPANZATOMENS a GossuindD OupuRID 8 3 5 landingln 8 2815 Sall Gonsenallee Send pusia Se - Re 1 N & 000D60 - Blanco 1623 Blanco - 1623 Giyeke Nembers P23 - Blanco B2 V % 8 / eautpppn / / 281 EesoniRo CITYI LIMITS 1/21 MILE ETJ CITY LIMITS AND ETJ Dscliner for Thisy is for intamatlonelp purposes andn mayn net have does been Gyor and the pamats CITY OF BLANCO E - property * BLANCOTs ARDURRA ATT 1.500 3,000 6,000 Feet SPiopcisBemez20orE Engineering SamesasaZasyiaScN; ofBlanco.apix Date: 7/18/2023 OLD BUSINESS ITEM #2 CITY OF BLANCO ORDINANCE NO. 2023-0-014 FEE SCHEDULE AN AMENDMENT TO ORDINANCE 2020-0-011 OF THE CITY OF BLANCO, TEXAS, APPROVING THE STANDARD FEE SCHEDULE FOR ADMINISTRATIVE PERMIT FEES, USE FEES, AND OTHER FEES RELATED TO MUNICIPAL AUTHORIZATIONS AND ACTIVITIES; AND PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; RULES; STANDARDS; PROCEDURES; SEVERABILITY; SAVINGS; PUBLICATION AND EFFECTIVE DATE WHEREAS, the City Council of the City of Blanco ("City Council") seeks to provide for reasonable administrative fees in order to recoup the cost of conducting municipal business on the public's behalf without unduly relying on taxes; and WHEREAS, the City Council finds that the attached schedule of fees, as amended, is reasonable and prudent in light of the municipal effort and resources that must be expended to operate a regulatory program and provide certain municipal authorizations, permits and approvals; and WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the City and is necessary for the proper carrying out of a power granted to the City; and WHEREAS, the fees approved and instituted by this ordinance are consistent with, and in accordance with, the annual budget for the City. NOW, THEREFORE, BE IT ORDAINED by the Blanco City Council: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. SEVERABILITY CLAUSE That is any section, subsection, paragraph, clause, phrase, or provision of this Ordinance shall be judged invalid or held unconstitutional, the same shall not affect the validity oft this Ordinance as a whole or provision thereof, other than the part SO decided to be invalid or unconstitutional. 3. SAVINGS CLAUSE That all and any previous fee ordinances shall remain in full force and effect, save and except as amended by this Ordinance. 1 4. PUBLICATION CLAUSE The City Secretary of the City of Blanco, Texas, is hereby directed to place the information above on the City's Website and provide all other notice as required by law. 5. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication. 6. PROPER NOTICE & MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code Chapter 551. Notice was also provided as required by Chapter 52 ofthe Texas Local Government Code. PASSED & APPROVED this, the day of 2023 by the City Council of the City of Blanco. CITY OF BLANCO: Mike Arnold, Mayor ATTEST: Laurie Cassidy, City Secretary 2 NB #6 Fee Schedule Recommendations ARTICLE A1.000. GENERAL PROVISIONS & A1.001. Purpose. This fee schedule establishes the fees the city is authorized to collect for providing certain services or processing certain requests for approval. Certain fees shall be imposed by other ordinances or state law. The absence of any certain fee from this fee schedule shall not be interpreted to preclude assessment and collection by the city. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A2.000. WATER, SEWER AND TRASH RATES AND CHARGES & A2.001. Schedule of rates and charges. (a) Garbage collection and disposal charges. The following monthly charges shall be made for the collection and disposal of residential garbage or trash in the city: (1) Residential service: $14.51 plus tax. $17.41(20%) (2) Commercial rate: $19.35 plus tax. $23.22 (20%) (b) Miscellaneous fees. (1) Delinquent fee: Note: After 3 consecutive delinquent accounts within a year, residential water customers will be charged another deposit fee of $150.00. Commercial water customers will be charged another deposit fee of $200.00 after 3 consecutive delinquent accounts. (2) Meter re-read fee: $20.00 (fee waived if incorrect reading due to employee error or equipment malfunction). (3) Pull meter fee: $25.00. $100 (4) After-hours service charge: $50.00/hr. One-hour minimum. (5) NB #6 Fee Schedule Recommendations Temporary service connectdisconnect: $20.00. $50 (6) Backflow prevention test: Customer should be responsible for full cost $80.00 (extra charges may apply for repairs). (7) Transfer fee: $20.00. $25 (8) Meter accuracy check fee: $30.00.$50 (9) Reconnection fee from nonpayment: $30.00. $50 (10) Returned check fee: $25.00. (11) Grease trap application fee: Not in Inframark Contract $65.00. (12) Grease trap inspection fee: $75.00. (13) Residential and commercial deposits. connect fee and CSI fee: (A) Deposit: () Deposit for new service shall be in the total amount of $150.00 whether for water, sewer and garbage and/or any combination thereof. Garbage service only deposit is $150.00. (i) Refund of deposit shall be made on the termination of service, less any amount owing to the city. (B) Residential: (i) Connect fee: $10.00 nonrefundable). (ii) CSI fee: $35.00 (customer service inspection required by city). (C) Commercial: () Connect fee: $10.00 (nonrefundable). NB #6 Fee Schedule Recommendations (ii) CSI fee: $50.00 (customer service inspection required by city). (D) Industrial CSI fee: $75.00. E) There must be a deposit with each meter. (F) Any delinquent accounts or nonpayment will have services turned off by the city and water will not be turned back on until a new deposit is secured, andlor the landlord requests sole responsibility for the account. No water service will be turned on without a deposit and the account is paid up to date. (c) Residential, commercial, industrial, irrigation meters, multi-family, exempt and special conditions. (1) Ordinance 2020-0-006 adopted 6/9/20. [see also subsection (2)] Water/Sewer Rate Implementation Section removed as ordinance was just established of new water rate Hydrant meter Bulk rate (no proposed increase) $1,500.00 deposit $350.00 meter fee $7.00 per 1,000 gallons $15-$25 per 1,000 gallons - Ordinance 2020-0-0010 adopted 9/8/20 - Adjusted water and sewer rates. Water and sewer rates shall equal the current rates structure plus 20 percent of the difference between the current rates structure and the recommended rates with depreciation set forth in the schedule A attached to Ordinance 2020-0-0010 (the 'adjusted rate"). (3) Industrial waste permit: Negotiated per user volume/requrements. (d) Other services. (1) Reclaimed water sales: $10.00 per 1,000 gallons. (2) Brush disposal: $25.00 per load. NB #6 Fee Schedule Recommendations (Ordinance 2019-009 adopted 11/12/19; Ordinance 2020-0-006 adopted 6/9/20; Ordinance 2020-O- 0010, secs. 2.1, 2.2(c), 2.2(d), adopted 9/8/20; Ordinance 2020-0-011, amnds. 2, 6, 7, adopted 9/8/20; Ordinance adopting Code) & A2.002. Drought response fees. Charge for reconnection of service after disconnection for violation: $60.00. (Ordinance 2017-0-005, att. E, sec. X, adopted 4/11/17) ARTICLE A3.000. MISCELLANEOUS PERMIT FEES & A3.001. Miscellaneous permit fees. Permits and related fees: (1) Building permit fee: See charts in article A4.000. (2) Building inspection fee: $100.00 (for each inspection required). (3) Replacement permit fee (lost or damaged): $25.00. (4) Residential demolition/moving. permit fee: $200.00. (5) Commercial demolition permit fee: $200.00. (6) Waiver/variance request fee: $300.00 (per variance requested). (7) Remodel, electrical, fence, re-roof, plumbing: $50.00 plus $100.00 per inspection. (8) Work done without a valid permit: $500.00. (9) Surface cut permit fee: Surface cut of any city street other than a curb or gutter: $300.00 up to 15 LF (linear feet). Anything above 15 LF, additional fee of $30.00 per linear foot. (10) NB #6 Fee Schedule Recommendations Cutting into curb or gutter: $500.00 (excess of more than four (4) inches will incur additional fees to be determined by city staff). (11) Requested inspection (not derived from a plan review): Minimum $100.00. (12) Street closure permit fee (includes up to 20 cones and 4 barricades): $175.00. (13) Temporary food permit fee: $100.00. (14) Mobile food vendor fee: $50.00. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A4.000. BUILDING PERMITS, INSPECTIONS AND RELATED FEES & A4.001. Building permits, inspections and related fees. Permits, inspections and related fees: (1) Single-family, commercial and multi-family building permit fees: (A) Single-family dwelling construction building permit fees: Includes fees for building permit, inspections and plan review for new construction. Includes move-in of existing dwelling, enlargement, remodel, alteration, finish-out, major repair, enclosing garage, carport, deck, balcony, porch, swimming pool, hot tub, spa, etc., and electrical, mechanical, and plumbing work. Square Footage of Project Fees 0-1,500 SF $1,200.00 1,501-10,000 SF $1,200.00 for the first 1,500 SF plus $1.00 for each additional SF to and includ Over 10,000 SF $7,500.00 for the first 10,000 SF plus $1.00 for each additional SF over 10,000 (B) Commercial and multi-family construction building permit fees: Includes fees for building permit, inspections and plan review. Square Footage of Project Fees 0-1,500 SF $1,800.00 1,500-10,000 SF $1,800.00 for the first 1,500 SF plus $1.00 for each additional SF to and includ (2) NB #6 Fee Schedule Recommendations Contractor registration fees: (A) Building, mechanical, electrical, plumbing, fuel gas and similar: $200.00 per trade per year. (B) Other project types not listed above: $260.00 per trade. (3) Industrial construction building permit fees (including fees for building permit, inspections and plan review): 0-1,500 SF $2,500.00 1,500-10,000 SF $2,500.00 for the first 1,500 SF plus $1.00 for each additional SF to and including 10,000 S Over 10,000 SF $9,000.00 for the first 10,000 SF plus $1.00 for each additional SF over 10,000 SF (4) Certificate of occupancy: (A) New business: $300.00. (B) Existing business (name change only): $25.00. (5) Formal permit determination letter: $25.00. (6) Civil-site plan review fees: Civil-site plan review, including, but not limited to, drainage, grading, paving, erosion and sedimentation control, and access improvements associated with nonresidential building permit requests: (A) Base fee: $1,000.00 when no on-site detention is proposed. (B) Base fee: $2,000.00 when on-site detention is proposed. Fee is to be cost of City's engineer plus 10% administrative fee (C) Supplemental fee: Actual cost for expenses incurred by the city in excess of the base fee. (D) Any review, authorization, approval, inspection, or actual cost of permit not otherwise provided for. (7) Health code inspection fees: (A) Health code inspection: $250.00. (B) Reinspection due to failed inspection: $250.00. (8) Fire code plan review fees - Fire alarm system and fire sprinkler system: NB #6 Fee Schedule Recommendations Less than 1,000 SF $275.00 1,001-2,000 SF $375.00 2,001-3,500 SF $500.00 3,501-7,000 SF $650.00 7,001-10,000 SF $900.00 10,000 and up $1,200.00 plus 0.50 for each additional SF (9) Fire code inspection fees - Fire alarm system and fire sprinkler system: Less than 1,000 SF $625.00 1,001-2,000 SF $875.00 2,001-3,500 SF $1,200.00 3,501-7,000 SF $1,500.00 7,001-10,000 SF $2,200.00 10,000 and up $2,200.00 plus 0.75 for each additional SF Reinspection due to failed inspection: Actual (10) Single-family residential fire services fees: (A) Fire code plan review services: $300.00. (B) Fire code inspection services: $500.00. (11) Fire underground: (A) Fire code plan review: $300.00. (B) Fire code plan inspection: $400.00. (12) Fire extinguisher suppression system: (A) Per permit, one inspection: $600.00. (B) Each inspection: $200.00. (13) Fire certificate of occupancy inspections (minimum one hour per inspection): $300.00. (14) Annual fire safety inspections: (A) NB #6 Fee Schedule Recommendations Day care, foster home, commercial business (each inspection and re-inspection per location): $200.00. (B) Nursing homelassisted living/school (each inspection and re-inspection per location): $350.00. (15) nderoundalovegtound fuel storage tanks: (A) Fire code plan review: $500.00. (B) Fire code inspection: $600.00. (16) Site plan: (A) Fire code plan review: $400.00. (B) Fire code plan inspection: $400.00. (17) Tree preservation permit (if not associated with building permit): (A) $250.00 plus $10.00 per acre of preservation site. (B) Tree preservation in lieu: $250.00 per caliper inch. (18) Official floodplain determination letter: $100.00. (A) Elevation certificate review (when property is located within the iloodplain, but proposed Duldingdevelopment is not): $250.00. (B) Full floodplain development permit review (when property and proposed Dulding/development is located within the floodplain): () Base fee: $800.00 (includes a maximum of four hours of review time). Fee is to be cost of City's engineer plus 10% administrative fee (i) Supplemental fee: Actual cost for all outside consultant review time required in excess of four hours. (19) Driveway permit fee: (1) Base fee: $150.00. (2) $500.00 deposit required (refundable at completion). NB #6 Fee Schedule Recommendations (20) Miscellaneous fees: (1) Inspection outside of normal business hours: Actual cost. (2) Inspection for which no fee is specifically indicated: Actual cost. (3) Variance to building code, per provision from which a variance is sought: $500.00. (4) Appeal of building code determination: $500.00. (5) General contractors licensing fee: $150.00 + $100.00 annual renewal fee. (6) Subcontractor licensing fee: $50.00 + $25.00 annual renewal fee. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A5.000. SIGNS & A5.001. Signs. (a) Sign permit application fees for awning, canopy, community service, ingresslegress, monument, wall signs and other non-temporary signs (based on total sign area): Ot to 12 square feet Over 12 square feet to 16 square feet Over 16 square feet to 24 square feet Over 24 square feet to 32 square feet Over 32 square feet to 48 square feet Over 48 square feet to 64 square feet (b) Sign permit application fee for single banners, consiruciondevecopmen. real estate, special events and other temporary signs: $50.00. Signs that include lighting shall also be subject to an electrical inspection fee. (c) Permit application fee for annual banner permit (includes 4 banners): $100.00. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A6.000. DEVELOPMENT PLAN REVIEW AND SUBDIVISION FEES NB #6 Fee Schedule Recommendations & A6.001. Development plan review and subdivision fees. Development agreements, plan review, subdivisions, plats and related fees: (1) Development agreement or PDD zoning: 5 acres 5-10 acres 10-15 acres 15-20 acres Over 20 acres Note: Additional fees may apply according to size of development and number of buildings. These costs do not include the costs for zoning, platting, or other costs related to construction unless specifically outlined in the development agreement. If a property applies for both a development agreement and PDD zoning, the developer will have to pay both costs unless agreed to in writing. (2) Development agreement or PDD zoning amendment: $1,000.00. $2,000.00 + $100.00 per acre (3) Requests for creation of any special district related to infrastructure financing: $15,000.00. (4) Master development plan: (A) Base fee: $1,250.00 + $5.00 per acre. (B) Supplemental fee: Actual cost for expenses incurred by the city in excess of base fee. (5) Preliminary plats: Concept plan (No prelim plat in UDC) (A) Base fee: $1,250.00 + $5.00 per acre. (B) Plus per lot fee for single-family: $15.00. (C) Per acre fee for non-single-tamily: $30.00. D) Supplemental fee: Actual cost for expenses incurred by the city in excess of base fee. (6) Final plats: NB #6 Fee Schedule Recommendations (A) Base fee: $1,250.00. (B) Plus per lot fee for single-family: $15.00. (C) Per acre fee for non-single-family: $30.00. (D) Supplemental fee: Actual cost for expenses incurred by the city in excess of base fee. Amending plats: (A) Base fee: $750.00. (B) Plus per lot fee for single-family: $15.00. (C) Per acre for non-single-family: $30.00. (D) Supplemental fee: Actual cost for expenses incurred by the city in excess of base fee. (8) Replats: (A) Base fee: $750.00. (B) Plus per lot fee for single-family: $15.00. (C) Per acre for non-single-family: $30.00. (D) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (9) Amendment to plat: (A) Amendment to plat: $500.00. (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (10) Variance to subdivision requirements: (A) For each provision for which a variance is sought: $750.00. (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. NB #6 Fee Schedule Recommendations (11) Any review. authorization. approval, inspection, or permit not otherwise provided for: Actual cost. (12) Tier 1 drainage analysis review: (A) Base fee: $750.00. Fee is to be cost of City's engineer plus 10% administrative fee (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (13) Tier 2 drainage analysis review: (A) Single-family residential: () Small (0-5 acres) base fee: $1,500.00. Fee is to be cost of City's engineer plus 10% administrative fee (ii) Large (5+ acres) base fee: $2,500 + $10.00 per acre. (B) Commercial/industnialmult-amly, () Small (0-5 acres) base fee: $1,750.00. (ii) Large (5+ acres) base fee: $2,500 + $10.00 per acre. (C) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (14) CLOMAR/LOMAR review: (A) Base fee: $3,500.00. (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (15) Minor traffic impact analysis (TIA)review: (A) Base fee: $1,250.00. Fee is to be cost of City's engineer plus 10% administrative fee (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (16) Major traffic impact analysis (TIA)review: (A) Base fee: $2,500.00. Fee is to be cost of City's engineer plus 10% administrative fee NB #6 Fee Schedule Recommendations (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. Any review, authorization, approval, inspection, or actual cost of permit not otherwise provided for. (17) Subdivision improvement construction plan review for more than one type of infrastructure (includes the entire limits of construction): (A) Base fee: $2,500.00. (B) Supplemental fee: Actual cost for expense incurred by the city in excess of base fee. (18) Subdivision improvement construction plan review for individual infrastructure (not to exceed the fee for more than one type of infrastructure): Base fee $1,250.00 plus $5.00 per linear foot of each infrastructure improvement. (19) Subdivision improvement construction inspections per inspection: $50.00 base fee + $2.00 per linear foot of each infrastructure improvement to be inspected. (20) Subdivision improvement construction inspections for multiple inspections: $50.00 base fee + $2.00 per linear foot of each infrastructure improvement to be inspected. (21) Subdivision improvement construction cost estimate review (when associated with city acceptance of surety): (A) $700.00 base fee (includes a maximum of four hours of outside consultant. review time). (B) Supplemental fee: Actual cost for all outside consultant review time required in excess of the hours included in the base fee. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A7.000. ZONING FEES S A7.001. Zoning fees. Zoning fees: (1) Special use permit application fee: $500.00. (2) Zoning classification change request fee: $500.00 per lot, tract, or parcel. NB #6 Fee Schedule Recommendations (3) Waveranancelspecial exception request fee: $500.00 per vanancelwalverspeclal exception requested. (4) Zoning ordinance amendment request fee: $500.00 per request. 15) Grandfathered status determination letter fee: $250.00 per request. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A8.000. REIMBURSEMENT FOR CONSULTANT EXPENSES S A8.001. Reimbursement for consultant expenses. Reimbursement for consultant expenses for site development, development agreements, plats, land use, and other applications: (1) The applicant is required to pay all associated costs prior to receiving a permit, regardless of city approval. Any project that starts construction without a permit is subject to penalty as described in the UDC. (2) Associated costs may include, but are not limited to, outside professional services provided by engineers, attorneys, surveyors, inspectors, lighting consultants, and others, as required. (3) Associated costs will be billed at cost plus 10% to cover the city's additional administrative costs. (4) Professional services fees: In situations where the city secretary or city treasurer anticipates the city's out-of-pocket expenses for professional services related to review of an application will exceed the amount recouped by the imposition of standard fees, the city shall require the applicant to pay a deposit of $1,000.00 to $10,000.00. Examples of such projects may include (but are not limited to) voluntary annexations, subdivision plats, rezoning requests, and planned development districts. The deposit shall solely be applied to payment of professional services by engineers, attorneys, surveyors, architects, landscape architects, lighting consultants, etc., that are specifically and directly related to the applicant's proposed project. Payment of this deposit shall be an express condition of the city's review of and determination upon the application. Payment of the deposit does not guarantee approval of the application. Nor does payment of the deposit create a client relationship between the applicant and the professional services provider. Deposit funds shall not be expended by the city on code enforcement activities. The deposit shall be replenished upon depletion within 30 days of being notified by the city in writing. Unused account balances shall be reimbursed to the applicant or applied to future permit applications, at the applicant's discretion. (Ordinance 2019-009 adopted 11/12/19) ARTICLE A9.000. PUBLIC WORKS DEPARTMENT NB #6 Fee Schedule Recommendations & A9.001. Public works department. (a) Water and sewer. (1) Water and sewer tap fees: (A) Water tap charges: Water service connection inside the city will be $1,200.00 $1500 (current cost for tap is $1260 for parts)/short tap ($1,750.00 $2050 outside the city limits) for installation of a standard 5/8" - 3/4" meter from the city main. Any other size meter will be charged to the consumer at the actual cost of the meter, labor and material. However, the actual cost shall not be less than the amount set forth in the first sentence of this subsection. Long tap $2,000 with outside city $2550. (B) Sewer tap charges: Sewer service connection inside the city will be $1,200.00 $1500 (current cost for tap is $1260 for parts)/short tap ($1,750.00 $2050 outside the city limits) for installation of a standard 4" service tap at the city main. Any other size tap will be charged to the consumer at the actual cost of the tap, labor and material. However, the actual cost shall not be less than the amount set forth in the first sentence of this subsection. Long tap $2,000 with outside city $2550. (2) New meter (customer request): Sold at cost to city with additional fees for installation. (3) Hose bib vacuum breakers (with CSI): $8.00. $10 (4) Pressure reducing valves: Sold at cost to city with additional fees for installation. (5) Hydrant meter for bulk water deposit: $1,500.00. (6) Hydrant meter bulk water: $350.00 monthly + $7.00 $15-$25 per 1,000 gallons of usage. 7) Csendepe-uwaeE $2500per4,00gplions. (8) Citywell bulk-water 15.00per4,000galons. (9) Hydrant meter relocation fee: $50.00. $100 NB #6 Fee Schedule Recommendations (b) City property. (1) Illegal connection/theft of services fee: $1,000.00 (plus possible criminal charges brought by the city). (2) Meter tampering fee: $500.00. (3) Broken meter lid fee: $35.00. $50 if customer's fault (4) Meter box replacement $50.00. $100 (5) Broken sewer clean-out fee: (A) 4": $40.00. (B) 6"4: $80.00. (6) Fire hydrant damage: $250.00 plus any additional charges for replacement or repair. (7) Water'wastewater main damage: (A) $500.00 initial fine. (B) Cost of repair. (C) Water loss at $25.00 per 1,000 gallons. (8) Fence damage: $350.00 plus additional charges for replacement or repair. (9) Sign damage: $100.00 plus additional charges for replacement or repair. (10) Street damage: Actual cost of replacement or repair. (11) Taliebaricade-depeail: NB #6 Fee Schedule Recommendations $50.00-each- (12) Traffic-cone depesit: $20.00-each (13) Equipment charge for repair: $100.00/hour per tractor. (14) Personnel charge for repair: $50.00/hour per man. (15) Sewer cleanout boot replacement $250.00. (16) Other damage: Any other damage to city property will be calculated on a case-by-case basis. (c) Water tower rental fees for communication: City Admin to review that contract is up to date $1,000.00 per month, per provider, 3-year contract. (d) Cielo Springs infrastructure fee: 0Q.awinsincaissCASPyeawwyisA.aeu-sisQPfNeise wowléoverlheamnuamuaepis-waelheadilonas5.00wowdfedaCPieriwlurereplacementk Ordnance2019-009a0p4442A9,0a0-9910,68-220)-. adopted-9820;Ordimance-2020-0-0,ammds.1:34-8,adepted-9/8/29)-Rate Order that Council approved included a $16.12 upcharge for all service connections outside the City. ARTICLE A10.000. MISCELLANEOUS FEES & A10.001. Copies and notary service. (a) Copies: (1) Black and white, 8: X 11: $0.10 per page. (2) Color, 8 X 11: $0.50 per page. (b) Notary: $5.00 per signature page. (Ordinance 2019-009 adopted 11/12/19) NB #6 Fee Schedule Recommendations & A10.002. Municipal court fees. (a) Technology fund fee: $4.00. (b) Security fund fee: $3.00. (Ordinance 2005-339 adopted 6/14/05; Ordinance 2005-340 adopted 6/14/05) & A10.003. Golf cart registration permit. A golf cart registration permit application shall be accompanied by a permit fee of $100.00 for first- time applicants and $25.00 for annual renewals thereafter. (Ordinance 389, sec. 5, adopted 9/13/11) ARTICLE A11.000. BUSINESS RELATED FEES & A11.001. Alcoholic beverage permits. Annual fees in the amount of one-half (1/2) of the state annual fees are levied on the holders of mixed beverage permits, mixed beverage late hours permits and caterer's permits under the Texas Liquor Control Act for each year such permits are in effect after the third year of the existence thereof. (Ordinance 185 adopted 3/24/75) & A11.002. Solicitor's permit. An application fee ofs $25.00 is required for each solicitorto cover the cost of processing the application. (Ordinance 2010-386, sec. 5, adopted 8/17/10) GARAGE SALE PERMIT Had been charged at $50. Reduce to $5. & A11.003. Permit for sale of fireworks. The fee for a permit to sell or offer for sale fireworks shall be $250.00. (Ordinance 2016-0-002, sec. 4, adopted 5/10/16) ARTICLE A12.000. ANIMAL CONTROL FEES & A12.001. Permit for keeping livestock. There-shal-be-anapplicatenieeefs10,0erepermite-ewporcontrolivesteck Ordinanee393-se-4,ad9p1865842