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CITY COUNCIL PUBLIC MEETING
March 7, 2006
The Council of the City of Horseshoe Bay held a Public Meeting at City Hall, located at #1 Community Drive, Horseshoe Bay, Llano County, Texas, March 7, 2006, 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, Mayor Pro Tem
John Bird, Treasurer
Don Wood, Alderman
Karen Wines, Alderwoman
Vernon E. Schrader, Alderman
The posted agenda for this meeting is made a part of these minutes by attachment and the minutes are herewith recorded in the order the agenda items were considered with the agenda subject and item number shown preceding the applicable paragraph.
1. Call to Order and Establish a Quorum: Mayor Lambert called the Public Meeting to order at 3:00 p.m. with a quorum present. Mayor Lambert led the invocation followed by the pledge of allegiance to the United States Flag and the Texas Flag.
2. Comments from Mayor: Mayor Lambert noted the swearing in ceremony for the Police Department of the City was held March 1, 2006, at 8:00 a.m. and that the City not only inherited a great Police force, but also an entire staff of excellent employees from Lake LBJ MUD. He stated that the Council feels fortunate to have assumed leadership of such a superb staff. He also noted there are different franchises the City might be interested in and Jeff Robinson, along with Alderman Babcock, will be looking into the possibility of them becoming a source of income for the City.
3. Comments from Aldermen: Alderwoman Wines stated she had voted against one of the Escondido replats at the last meeting because she felt the setbacks next to Pecan Creek were inadequate. She thanked Dean Blaine of Escondido for meeting with her and agreeing to double the rear setbacks to 20 feet on all Escondido lots that back up to Pecan Creek. She noted that this is a good indication of Escondido being willing to work with the City.
4. Public Comments: There were no public comments.
5. Recognition of Lake LBJ MUD Board Directors Bob Lowry and Ralph Herter: Mayor Lambert presented certificates of appreciation and outstanding service to MUD Directors Bob Lowry and Ralph Herter. He noted that their service over the past years, along with their experience and specific skills, as well as those of former Director Don Wood, were instrumental in the success of Lake LBJ MUD and the ease of transition to the City.
6.
Items to be removed from Consent Agenda: There were no items
removed from the Consent Agenda.
7. Consent Agenda Items: Alderman Wood made a motion to approve the following Consent Agenda items as submitted:
a. Approve Minutes of the February 21, 2006 Public Meeting;
b. Approve Minutes of the March 1, 2006 Special Meeting;
c. Final Plat Approval:
i. Replat of Lots W11140 and W11141 of Horseshoe Bay West, Plat No. W11.2 to be known as Horseshoe Bay West, Plat No. 11.7
ii. Replat of Escondido, Plat No. 1.4 to be known as Escondido, Plat No. 1.6
iii. Replat of Escondido, Plat No. 1.5 to be known as Escondido, Plat No. 1.7
Alderman Bird seconded the motion. The motion carried by unanimous vote (5-0).
8. General Manager’s Report: General Manager Mike Thuss stated that new City of Horseshoe Bay logo signs have been posted and that a temporary canvas sign has been posted at the entrance which will be replaced with a permanent one in the near future. Mr. Thuss then reviewed the reports in the packet including the Investment Report, the Summary Budget Report, and Capital Budget Report. Also reviewed were the Police, Fire, EMS and Safety Reports. The final report was the Capital Improvement Report.
9. Preliminary Plat Approval: Alderman Babcock stated there had been no governing body to approve plats for a three month period during the time after the City was incorporated until procedures were approved by the City. He apologized for the delay and thanked everyone for their patience. Mayor Lambert then asked for comments from the public on the four replats submitted. There were none. Alderman Bird made a motion to approve the replats. Alderman Wood seconded the motion. The motion carried by unanimous vote (5-0).
10. Treasurer’s Report: Alderman Bird reviewed the Treasurer’s Report, noting that the balance in the City’s account as of March 1, 2006, was $1,305.54. He stated that this amount will be transferred to the City’s account that was assumed from the MUD and that this will be the last Treasurer’s report. Mayor Lambert commented that the City was able to conduct all necessary business during the interim period prior to merging with the MUD without having to borrow any money, primarily due to the $5,000 donation of funds from the Committee to Incorporate. He again expressed his appreciation to the Committee for the donation of those funds. Alderman Wood added that it was also due to the great services and support the City received from the MUD through their interim contract. A copy of the Treasurer’s Report is attached and made a part of these minutes.
11. Appoint Reserve Police Officer: General Manager Mike Thuss recommended that the Council consider approving a resolution to establish a police reserve unit consisting of not more than five (5) officers and appointing Keith Payne as a Reserve Officer for the City assigned to the City Police Department with all of the responsibilities, duties, rights, and privileges as prescribed by Federal and Texas State Law, as well as the legal policies, procedures, rules, and regulations of the City of Horseshoe Bay. He stated that each reserve officer must meet all of the training requirements established by the Texas Commission on Law Enforcement Standards and Education (TCLEOSE) in addition to any additional requirements as may be established by the Horseshoe Bay Police Department and approved by the Mayor and City Council. Said reserve police officers will have the same enforcement authority, responsibilities, and legal requirements as are set forth in the statutes of the State of Texas for full-time police officers while in the performance of their official duties. All reserve police officers must pass a background investigation, drug screen, psychological examination, and any other prerequisites as may be required by the City of Horseshoe Bay prior to acceptance as a Police Reserve Officer. Reserve Officers shall not be compensated for their duties, however shall be covered by worker’s compensation and all applicable insurance coverage as that of a full-time officer while in the performance of their official duties. Police Chief Bill Lane stated Keith Payne was a paid police officer with the MUD prior to moving to the Fire Department. He meets all the requirements as the paid officers and has all the same powers as they do when “on duty”. Alderwoman Wines made the motion to adopt a resolution to establish a police reserve unit under the guidelines presented and to appoint Keith Payne as a reserve officer. Alderman Schrader seconded the motion. The motion carried by unanimous vote (5-0).
12. Police Department Uniforms and Badges: General Manager Mike Thuss recommended that the Council consider approving a resolution authorizing the City of Horseshoe Bay Police Department’s uniforms and badges. Staff recommended the purchase of 14 police badges at a total cost of approximately $742.00. The only design change is in the wording which previously read “Lake LBJ Municipal Utility District” and will be changed to “Horseshoe Bay”. Staff also recommends a bid by Sterling Uniforms to supply the department with 200 uniform patches at an estimated cost of $ 360. The only modification recommended is the changing of the center insert which represented the seal of the Lake LBJ Municipal Utility District to that of the seal of the City of Horseshoe Bay. A sample copy of the patch is included. The final uniform recommendation concerns the modification to the police ‘baseball’ style caps that officers wear to avoid exposure to sun or bad weather. Staff recommended a design change which consists of removing the seal of the Lake LBJ Municipal Utility District and inserting the seal of the City of Horseshoe Bay. A sample of the logo is attached. Chief Lane demonstrated the proposed Department Uniform and Badge. Alderman Schrader made the motion to adopt the resolution authorizing the Police Department badges and uniforms as presented and the associated costs for purchase. Alderwoman Wines seconded the motion. The motion carried by unanimous vote (5-0).
13. Ordinance Regarding Merging with the District: Alderman Wood made the motion to adopt the Ordinance No. ORD 06-03-07 of the City of Horseshoe Bay Declaring the Abolition of the Lake LBJ Municipal Utility District No. One; the Succession of the City of Horseshoe Bay to the Powers, Duties, Assets, and Obligations of the District; the Designation of the Effective Date of Such Abolition, and Succession; and Providing Certain Related Matters. Alderman Bird seconded the motion. The motion carried by unanimous vote (5-0). A copy of Ordinance No. ORD 06-03-07 is attached and made a part of these minutes.
14. Building Permits: Alderman Babcock reported that he has prepared a draft Building Permit Ordinance and has solicited advice and comments from City Attorney Monte Akers, Mayor Lambert, and General Manager Mike Thuss. Once the preliminary draft has been reviewed, he will meet with the Building Inspector and the various builders, POA’s and developers for input. He will then submit a draft to the Council for review at the March 21st meeting.
10. Treasurer’s Report: At this time, Mayor Lambert referred back to Agenda Item #10 regarding the Office of City Treasurer. Alderman Bird asked City Attorney Monte Akers if the City is required to have a Treasurer. Mr. Akers reported that the Office of Treasurer is not required and that it can be abolished and those duties can be transferred to another officer, such as the Investment Officer. He also noted that the Treasurer is required to take State mandated training. Mayor Lambert noted that General Manager Mike Thuss and City Secretary Toni Vanderburg were both certified in those courses. He stated that Alderman Bird had been very helpful during the transition period and he recommended considering abolishing the office of Treasurer at the next meeting.
15. Transition Matters from Lake LBJ MUD to the City: Alderman Wood presented a schedule of all of the Policies and Procedures of Lake LBJ MUD and proposed that an ordinance be drafted to accomplish this as soon as possible in order for the City to continue to operate with no interruption. Alderman Schrader suggested reviewing some of the Policies and Procedures at each future Council meeting until they had all been adapted for the City. In order to transfer the Texpool accounts, the City will be required to adopt an Investment Policy and appoint and Investment Officer. This will be added to the next meeting’s agenda.
16. Comprehensive Development Plan: Mayor Lambert reported he has received maps from Ron Mitchell, HSB Corp and Jonathan Tarbet showing current uses of all property. The Council was asked to review the first draft of the Comprehensive Development Plan and give comments and suggestions to Mr. Akers in order to have the second draft ready to put on the website and have copies available to the public by Thursday. He noted that one of the most difficult issues would be zoning. The Council will adjourn to executive session later in order to obtain legal advice from City Attorney, Monte Akers. Alderman Babcock stated the Comprehensive Development Plan will not constitute the law of the City, but is a road map to give guidance on how to develop and proceed and will prepare the community for expected growth. The ordinances adopted in the future will actually constitute the law. Mayor Lambert noted that this is a living plan and will change many times in the future. He then reviewed each item for comments.
Executive Session: At 4:50 p.m., Mayor Lambert announced that the Council would go into Executive Session to seek advice from its attorney pursuant to Section 551.071 of the Texas Open Meeting Act on matters in which the duty of the attorney to the Council under attorney’s ethics rule clearly conflict with the Open Meeting Act.
Regular Meeting Resumed: At 6:12 p.m., the Board reconvened and Mayor Lambert announced that no decisions or votes had been taken in the Executive Session.
17. Adjournment: There being no further business, Alderman Bird made a motion to adjourn the meeting. Alderman Wood seconded the motion. The motion carried by unanimous vote (5-0). The meeting was adjourned at 6:20 p.m.
APPROVED this 21st day of March, 2006.
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Robert W. Lambert, MayorATTEST:
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Toni Vanderburg, City Secretary
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