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Minutes of the CITY COUNCIL December 20, 2005
The Council of the City of Horseshoe Bay held a Public Meeting at the Business Office of Lake LBJ Municipal Utility District, located at #1 Community Drive, Horseshoe Bay, Llano County, Texas, December 20, 2005, in accordance with duly posted notice of said meeting. Mayor Lambert called the meeting to order at 3:00 p.m. with a quorum of Council Members present as follows:
Robert W. Lambert, Mayor
James E. Babcock, Secretary
John Bird, Treasurer
Donald B. Wood, Alderman
Karen Wines, Alderwoman
Vernon E. Schrader, Alderman1. Call to Order and Establish a Quorum: Mayor Lambert led the invocation, as well as the pledge of allegiance to the United States Flag and the Texas Flag, and then called the meeting to order at 3:00 p.m. A quorum was established with six (6) Council Members present.
2. Comments from Mayor: Mayor Lambert welcomed all visitors to the third meeting of the Council. He noted that no one had signed in to speak on a specific agenda item and asked that if anyone had anything they wished to talk about they were welcome to do so and requested that they sign in. Mayor Lambert asked Council members to assist Alderman Schrader by submitting information for him to include in his article for the area newspapers.
3. Comments from Aldermen: There were no comments from the Aldermen.
4. Public Comments: There were no Public Comments.
5. Items to be Removed from Consent Agenda: There were no items removed from the Consent Agenda.
6. Consent Agenda: Alderwoman Wines made a motion to approve the following consent agenda items as submitted:
a. Approve Minutes of the December 6, 2005 meeting.Alderman Wood seconded the motion. The motion carried by unanimous vote (5-0).
7. Hotel Occupancy Tax: Mayor Lambert asked that the HOT be removed from the City’s agenda. The Council initially placed a high priority on the passage of the tax under the belief that passage of this tax by Llano County would preempt the City tax and that the community would support the legal uses of the tax receipts. It is now clear that there is no imminent danger of Llano County enacting this tax in Horseshoe Bay ahead of the city and the public has raised many questions on the issue, suggesting that moving forward with the passage of the tax either be stopped or postponed. Therefore, Mayor Lambert stated that now is not the time to actively promote passing this tax and recommended removing the item from the agenda. Alderwoman Wines stated that she feels the system of putting the information out to the public was successful. They asked for and received community input, and the consensus was not to pursue the tax at this time. Alderman Wood made a motion to remove the HOT from the agenda. Alderman Bird seconded the motion. The motion carried by unanimous vote (5-0).
8. Use of HSB Logo: Mayor Lambert stated that in the near future the City will need a logo for an official seal and office stationary and that it would be beneficial to use one that is identified with Horseshoe Bay. He stated that he has spoken with Mr. Hurd and he has agreed to allow the City to use his registered trademark Horseshoe Bay Logo. Mr. Hurd has furnished a Trademark License Agreement drawn by his attorney which allows the City to use the logo after obtaining prior approval for each usage. Alderman Schrader has been working with local artist Suzanne Owens on a design for the City seal. Alderman Wood made the motion to approve and execute the Trademark License Agreement with Lake Lyndon B. Johnson Improvement Corporation. Alderwoman Wines seconded the motion. Alderman Bird asked if by signing we were obligated to use the logo. Alderman Wood stated there was no obligation or cost to use it. Alderman Babcock also noted that the City must obtain prior approval of each usage. The motion carried by unanimous vote (5-0).
9. Strategic Partnership Agreement with Lake LBJ MUD: Mayor Lambert noted there was no action required on this item. He reported that he and Alderman Wood met with the committee from Lake LBJ MUD to finalize the terms of the agreement and he then reviewed the press release that was issued on December 15, 2005. He thanked Director Bob Lowry personally as well as all the members of the MUD Board of Directors for their cooperation in making the transition as easy as possible. Alderman Wood also expressed his thanks to the MUD Board for their attitude and approach towards seeing that the best interest of the community is served by the merger of the City and the MUD. Mayor Lambert noted that the press release, as well as the draft of the Strategic Partnership Agreement, is on the City website. Alderman Babcock reported that there are two parcels of land that are in the MUD but not in the City. One is a 20 acre tract adjacent to the Recycle Center and the other is The Trails subdivision. The owner of the 20 acre tract has indicated a willingness to be annexed into the City by submitting a Petition for Annexation. Regarding The Trails, Mayor Lambert explained that the Strategic Partnership Agreement provides that the entire boundaries of the MUD would be annexed into the City, which includes The Trails. He also stated that he has met with Mike Walsh, developer of The Trails, and he is aware of this fact.
10. Joint Meetings with Lake LBJ MUD: Mayor Lambert reported that the Notice of Public Hearing on the Strategic Partnership has been published and the meetings will be at 2:30 p.m. on January 3, 2006, and January 24, 2006. The purpose of the hearings is to receive any public comments on this draft Agreement. The hearings are just prior to the regular scheduled Council meetings and would require a quorum be present. If the Public Hearing meetings continue past the posted starting time for the regular meeting, the regular meeting can be pushed back until such time the Public Hearing is completed.
11. Annexation Service Plan: Alderman Babcock explained that it is customary for municipalities that annex property to provide an Annexation Service Plan that describes in detail the services that will be provided. Basically, the City will continue to provide the services the MUD currently provides. Although it is not required in this case due to the Strategic Partnership Agreement, Alderman Babcock recommended publishing Public Hearing Notices for the annexation of those properties that are currently in the MUD but not in the City in order to give them proper notice of the services that will be provided. Alderman Babcock addressed a question from the public regarding the City boundaries, explaining that they are the same as the MUD boundaries with the exception of three areas - the Trails and the 20 acre tract, which are in the MUD but not in the City, and a roadway connecting Blue Lake road with HSB West, which is in the City and not the MUD. Mayor Lambert added they are working diligently on getting a map to show the exact boundaries of the City. No action was taken.
12. Council Meeting Dates for 2006: Mayor Lambert stated he feels the Council needs to continue with two (2) meetings per month with hopes of going to one (1) per month at some time in the near future. He gave the following dates for meetings over the next months: January 3 and 24, February 7 and 21, March 7 and 21 and April 18. He also stated that the last joint meeting with Lake LBJ MUD to consider the Strategic Partnership Agreement is scheduled for January 24, 2006, and there is a possibility a Special Meeting of the Council will be needed to approve the Agreement. Alderman Schrader made the motion to approve these meeting dates as stated. Alderman Bird seconded the motion. The motion carried by unanimous vote (5-0).
13. Current Fiscal Year Budget and Reporting: City Treasurer John Bird presented the Proposed Interim Budget. Alderman Schrader expressed his concern of the high estimate for the legal fees and suggested that it might not be necessary for the City Attorney to be present at each meeting. City Attorney Monte Akers stated it wasn’t required; however, after some discussion, it was the consensus of the Council that the Attorney be present or be available by telephone conference depending on the nature of the agenda items. Mr. Akers also stated that he felt the legal fees budget was higher that what would actually be spent. Treasurer Bird made a motion to adopt the interim budget as attached to these minutes. Alderman Babcock seconded the motion. The motion carried by unanimous vote (5-0).
14. Authority to Borrow: Alderman Babcock made a motion to authorize the Treasurer to obtain a line of credit of $20,000 from a lending institution for the purpose of providing the City with the necessary funds to meet its obligations and to make the expenditures approved in the interim budget and that the loan be due and payable on or before September 30, 2006, to coincide with the fiscal year; and to authorize the Treasurer to draw on the line of credit in amounts not to exceed $5,000 per calendar month without prior approval from the Council. Alderman Don Wood seconded the motion. The motion carried by unanimous vote (5-0).
15. Depository Bank: Mayor Lambert stated that proper notices were provided by publication in a newspaper of general circulation in the municipality more than twenty-one (21) days before the deadline for receipts of applications for depository contracts. An application in proper form was received from American Bank of Texas, N.A. prior to the deadline for making application. American Bank of Texas, N.A. does business within the City of Horseshoe Bay. The depository contract does not exceed five (5) years. The contract provides for security at a level required by the provisions of Chapter 2257 of the local Government Code in that the Bank will provide collateral of an acceptable nature to the extent of 102% above $100,000 in deposits, which is the FDIC Insurance limits. Alderman Babcock made the motion to authorize Treasurer John Bird to execute the Contract for Depository Services with American Bank of Texas, N.A. and to negotiate the terms of the account. Alderman Schrader made a motion to authorize Treasurer Bird and Alderman Babcock to sign on the account and that any one of them, by his signature alone, may expend funds on deposit with American Bank of Texas, N.A. as the City’s sole signatory on such accounts in amounts up to, but not to exceed, One Thousand Dollars ($1,000) on any one withdrawal, and that both signatures will be required on any one withdrawal in excess of One Thousand Dollars ($1,000). Alderwoman Wines seconded the motion. The motion carried by unanimous vote (5-0).
16. Separate Post Office for City: Mayor Lambert reported that he is volunteering to start the process of trying to get a separate post office for Horseshoe Bay that is not a sub-station of Marble Falls. The Council supported that effort.
17. State Roads: Mayor Lambert reported that construction will begin this summer to widen Hwy. 2147 from Ferguson Road to the Peninsula area, adding a turning lane as well as a shoulder. The project should be complete in approximately one year. Alderman Wood added that the MUD Board has met with TXDot, and they have assured the MUD that they will always provide emergency access for Fire and Police. Mayor Lambert also reported that he and Llano County Commissioner Wayne Brascom have met with Burnet County Commissioner James Oakley, Judge Kithil, and a representative from TXDot on the feasibility study of the construction of a bridge just east of Wirtz Dam connecting Hwy. 2147 and Hwy. 1431. The Burnet County Commissioners will meet at 9:00 a.m. on January 9th at the Burnet County Court House to further discuss this issue.
18. Process to Review Requests to Change Plats: Alderman Babcock stated that since the incorporation of the City, the authority to approve plats now lies with the City and that Alderman Bird has been working on the process for plat approval. Plat changes have been on hold since the incorporation due to the fact there is no procedure in place to obtain approval. The plan will be to follow the guidelines of Llano County. Llano County has offered to continue to provide services such as a 911 Coordinator, Flood Plain Coordinator, County Surveyor, etc., through an Interlocal Agreement that will be considered at a later time. Mayor Lambert expressed his appreciation to Llano County Commissioner Wayne Brascom for his assistance with this process. Alderman Bird will be working with Burnet County to accomplish the same process. Alderman Babcock made the motion to adopt the Ordinance Establishing a Procedure for the Approval of Plats for Tracts of Real Property Located Within the Boundaries of the City of Horseshoe Bay in Llano County. Alderman Bird seconded the motion. The motion passed unanimously (5-0).
19. Building Permits: Alderman Bird discussed an outline for the procedure for approving building permits and discussed charging fees and establishing codes. The Council will meet with a committee from the POA to discuss the transfer of duties. Alderman Wood volunteered to assist Alderman Bird with drafting the codes and Alderman Babcock volunteered to draft the ordinance. This will probably be an agenda item for approval in March or April of 2006. The City will work with MUD personnel for the inspections. No action was taken.
20. Comprehensive Development Plan: Mayor Lambert reported that he has met with representatives from the Resort to discuss their future development plans. The City Council and the Resort will work to obtain input from the community regarding the preliminary plans with the objective that final plans will be acceptable to both the Resort and the community. The process will take several months, and the City Council appreciates the cooperative attitude of the Resort and looks forward to working with them. No action was taken.
Regular Meeting Adjourned to Executive Session at 4:45 p.m.
21. Executive Session: At 4:45 p.m., Mayor Lambert announced that the Council would go into Executive Session to discuss legal matters under Section 551.074 of the Texas Open Meetings Act and to seek advice from its attorney pursuant to Section 551.071 of the Texas Open Meetings Act to discuss matters in which the duty of the attorney to the Council under the attorney’s ethics rule clearly conflict with the Open Meetings Act.
Executive Session Adjourned at 5:55 p.m.
Regular Meeting Resumed: At 6:02 p.m., the Council reconvened and Mayor Lambert announced that no decisions or votes had been taken.
22. Action Required on Items Discussed in Executive Session: No action was taken.
23. Adjournment: There being no further business, a motion was made and seconded to adjourn the meeting. The meeting was adjourned by unanimous vote at 6:03 p.m.
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Robert W. Lambert, MayorATTEST:
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Toni Vanderburg, City Secretary
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