|
CITY COUNCIL PUBLIC MEETING
April 18, 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, April 18, 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, Alderman
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. Reverend Pete Christy from the Church at Horseshoe Bay led the invocation. Mayor Lambert then led the pledge of allegiance to the United States Flag and the Texas Flag.
2. Comments from Mayor: Mayor Lambert requested all guests wishing to speak on specific Agenda items sign up on the sign-in sheet. He then thanked John Richardson for the gavel that he was using that John had made from a tree from the Escondido subdivision when it was owned by Wayne Hurd.
3. Comments from Aldermen: Alderman Bird noted the Letters of Commendation in the meeting packet from Police Chief Bill Lane to one of his officers and to the Resort for actions of their employees during a recent incident. There was also a thank you note to one of the utility workers from a citizen. Alderman Babcock congratulated County Commissioner Wayne Brascom on his election to the position to the County Judge.
4. Recognition of Lake LBJ MUD Board Director Bob Stephenson: Mr. Stephenson was unable to attend the meeting
5. Recognition of Horseshoe Bay Developer Wayne Hurd: Mayor Lambert cited a City Council Resolution that was adopted at a previous meeting honoring Wayne Hurd for his care and devotion to the establishment of Horseshoe Bay. He then presented a plaque to Mr. Hurd depicting the Resolution. Mr. Hurd expressed his appreciation and stated that all of this would not have been possible without Eileen’s hard work and support.
6. Public Comments: There were no public comments.
7. TxDOT Update on Hwy. 2147 Project: Marisabel Ramthun, TxDOT Assistant Area Engineer of the Austin District, reported that the project would involve widening 2147 from Slick Rock Creek Bridge to the Peninsula. She stated the cost of the project is $4.7 million and is scheduled to begin in June and should be completed in 12 months. There will be a continuous turning lane added to the existing two lane road and also twelve-foot shoulders and a six-inch curb. Currently, there are no plans to install any traffic lights but the construction will accommodate them in the event of future needs. There will be no new access roads. Howard Lyons, Area Engineer of the Austin District, added there is no funding for any widening in Cottonwood Shores. The funding for widening Slick Rock Creek Bridge would come from a different source, but nothing is currently planned. They plan to keep two lanes open at all times. The pavement will be a hot mix asphalt.
8. Items to be Removed from Consent Agenda: Alderman Wood made the motion to remove Items 9.d. and 9.e. from the Consent Agenda. Alderman Babcock seconded the motion. The motion carried unanimously. (5-0)
9d. Agreement between Cottonwood Shores Volunteer Fire Department, Inc. and City of Horseshoe Bay: Alderman Wood explained agreements of this type are common. The City currently has this type of agreement with Marble Falls. He added that Cottonwood Shores VFD has added equipment and it is now advantageous to the City to enter into this agreement. During the past year Cottonwood Shores VFD assisted the HSB Fire Department eleven times and we have assisted them twice. Alderman Wood made the motion to approve the Agreement. Alderwoman Wines seconded the motion. The motion carried unanimously (5-0).
9e. Maintenance and Operation Agreement between the City of Horseshoe Bay and Llano County MUD #1: Alderman Wood stated this is a long-standing agreement between Lake LBJ MUD and Llano County MUD #1. The fees charged for maintenance and operation of their water treatment plant adequately cover the expenses incurred. Alderman Wood recommended renewing the agreement for the one-year term and fully evaluating the contract over the next year to determine whether or not to continue the contract. At some time in the future the City will need to assess whether to add staff to cover the additional work load due to growth of the City or to discontinue the contract and utilize the existing staff to cover the work load. Alderman Wood noted that there are other alternatives available to the LCMUD #1 to contract for their operations and that the City will give them adequate notice should the Council make the decision not to continue the contract. Alderman Wood made a motion to approve the Agreement. Alderman Schrader seconded the motion. The motion carried unanimously. (5-0)
9. Consent Agenda Items: Alderwoman Wines made the motion to approve the remaining consent agenda items as submitted:
a. Approve Minutes of the March 21, 2006, Public Meeting
b. Final Plat Approval:
i. Replat of Lot Nos. 24155 and 24156, Horseshoe Bay Plat No. 24.1, to be known as Horseshoe Bay Plat No. 24.14, Llano Co., TX
ii. Replat of Lot No. 107, Horseshoe Bay Applehead Island Plat No. 4, and Lot No. 105-A, Horseshoe Bay Applehead Island Plat No. 4.103A, to be known as Horseshoe Bay Applehead Island, Plat No. 4.107, Llano Co., TX
iii. Replat of Lot Nos. W11122, W11123, Horseshoe Bay West Plat No. W11.2, and a Portion of W11121A, Horseshoe Bay West Plat No. W11.4, to be known as Horseshoe Bay West Plat No. W11.6, Llano Co., TX
c. Agreement between LCRA and City of Horseshoe Bay for Firefighting Services
Alderman Wood seconded the motion. The motion carried unanimously. (5-0)
10. General Manager’s Report: Mr. Thuss reported the we have collected 95% of our tax revenues and 83% of our maintenance fees with 50% of the year being completed. Our interest rate on the return on our investments is 4.57%. Revenues exceed operations and maintenance expenses with expenses being within budget. Next month the budget report will be in a different format reflecting a utility fund and a general fund. There were no lost time accidents for the month and the Safety Meeting was held on April 4th. Past President Ed Ayers attended as well as Alderman Bird. The CWTP is on schedule, is currently producing water, and will be completed as planned in May. The Centex water line replacement project is complete, and designs are underway for the Matern Island project and the transmission sewer line replacement. We are on schedule to relocate our lines that interfere with the TXDot’s Hwy 2147 project by June 1st. The new air packs for the Fire Department have been delivered and will be funded by a grant from FEMA. Several members of the City Staff will participate in the Earth Day Cleanup Project on Saturday, April 22nd, sponsored by the Horseshoe Bay POA. Fire Chief Wooten is in charge of staff arrangements. Alderman Schrader asked about the capacity of the new water plant, and Mr. Thuss stated that the plant currently has a 4 MGD capacity with the ability to expand to 6 MGD and should be sufficient for the next ten years. Alderman Wood added that expansion would be at a very low cost due to the fact all piping for additional filtration units and foundations are already in place. Alderman Wood stated the West Water Treatment Plant is also expandable from 1 MGD to 2 MGD at a cost of about one third of what the plant initially cost. The current usage averages 2 MGD and peaks at about 4 MGD in the summer. Alderman Wood and Mayor Lambert also discussed the water purchase contract with LCRA.
11. Preliminary Plat Approval: Mayor Lambert noted that there were eight preliminary plats submitted for approval and he thanked Utility Manager Glenn Jones for reducing the amount of paperwork that was included in the packet while still providing sufficient information on each replat request. Alderman Babcock stated that there are plats and replats in HSB West, in Siena Creek and in the Trails and are fairly routine changes such as expanding the size of the lot or general rearrangements. He stated that the final approval of these plats will be considered by the council within thirty days. Alderman Wood made the motion to approve the preliminary plats. Alderman Schrader seconded the motion. The motion carried by unanimous vote (5-0).
12. Extending Public Safety Services to Lake LBJ: Mayor Bob Lambert stated that during his service on the Board of LCRA, Lake Advisory Panels had requested added police presence on the lakes many times in the past and that many cities in our area already have expanded police patrol to the lakes. The Lake LBJ Municipal Utility District also wanted more presence on the lakes and preferred that the LCRA and the Texas Parks and Wildlife perform those functions, but they have different roles than those of a city. He has fielded more questions concerning this than any other issue since becoming Mayor and he feels that this is something that the City will ultimately want to consider at some time. Horseshoe Bay citizens Jim Thorne, Tom Roberts, Glen Hodgson, and Bob Black all spoke in support of the City adding this service. Police Chief Bill Lane stated the Mayor had asked him to research this issue and make a recommendation to the Council on his findings. He reported that the City contains twelve miles of shoreline, with 942 waterfront homes out of approximately 2400 total homes in the City. He feels the first issue to consider is that the patrol will serve as a crime deterrent. Chief Lane reported that he studied crime reports over the past three years that reflected that there have been eleven thefts reported from the waterfront, four stolen boats, five stolen jet skis, and they have recovered eighteen boats and jet skis found afloat on the lake. Another major area of concern is the 300-slip marina that needs protection, as well as the boats that are stored there. He stated that the best way to protect these properties is from the water itself. The second issue to consider is that of emergency response. Chief Lane noted several incidents in which an emergency response boat would have certainly been beneficial. He reported that the boat could also be equipped for fire suppression on the water, could be used in the utilities operations to check the water intake lines, and could be used to respond to complaints by residents living on the water. Chief Lane also confirmed that the City has jurisdiction on the lakes. He then reported that the LCRA has offered to donate a boat which is not suitable to be equipped as needed, but could be used as a trade in to defer some of the cost of providing these services. This project is also a prime candidate for a grant from PEC and the LCRA. He has obtained letters of endorsement from Senator Troy Fraser, as well as the Llano County and Burnet County Sheriffs, the County Judge, and the manager of the Marble Falls EMS for the grants. Douglas Jaffe III, the CEO of the Resort, has offered to donate a boat slip for use by the City. Chief Lane then made the following recommendations:
a. Procure (utilizing City procurement policy) a patrol boat and outfit it with the necessary equipment to support police, fire, and utility operations for a total cost not to exceed $31,000;
b. Accept an offer from the Lower Colorado River Authority to donate a serviceable boat and use such donation as a trade-in;
c. Accept an offer from the Horseshoe Bay Resort of the donation of a boat slip – a $3900 annual value, and utilize the donated slip to house the boat and to operate from;
d. Petition Pedernales Electric Cooperative and LCRA for available grant monies; and
e. Assign the operational and maintenance control of the patrol boat to the Police Department; and
f. Have the Police Department prepare the necessary standard operating procedures to be added to their Policy and Procedures Manual.
Alderwoman Wines, Alderman Babcock, and Mayor Lambert all complimented both Police Chief Lane and Fire Chief Wooten on a very thorough report. Alderman Bird made the motion to approve extending public safety services to Lake LBJ as recommended. Alderman Babcock seconded the motion. The motion passed unanimously (5-0)
13. Adopt Ordinances Extending Traffic Rules to Certain Privately Owned Roads: John Bird made the motion to approve the Ordinances Extending Traffic Rules on Certain Privately Owned Roads in Siena Creek, Pecan Creek and The Trails. Alderman Babcock noted that these ordinances contain the same language as the previous traffic ordinances adopted for Horseshoe Bay, Horseshoe Bay West, Applehead Island, and Applehead. Alderwoman Wines seconded the motion. The motion passed unanimously (5-0).
14. Ordinance governing and regulating the issuance of building permits, inspections during construction and builder conduct during construction: Alderman Babcock stated a rough draft of the Building Permit Ordinance was made available approximately a month ago and was posted on the website. The Council has received input from approximately 20 homeowners, contractors and developers, as well as from the staff and Councilmembers. Most of their suggestions are incorporated into the current draft. He noted that this ordinance, like many ordinances, is a living document and will be modified as needed. The Building Permit Ordinance is part of a package of procedures the City will adopt to protect the property of the citizens and property owners of Horseshoe Bay and to maintain the highest standards of construction for the community. The Council will also be asked today to consider adopting Standard Building Codes as the standards for construction. He noted that the fees are the same as they have been the past 2-3 years and that this is not a profit making endeavor. The City will form a new Developmental Services Department to monitor and supervise this process. Contractors will be required to register with the City and show proof of required licenses. Craig Alter and Mike Walsh made some suggested changes. Initially, on a temporary basis, the City will contract with the same inspector used by the POA and will initiate a process to solicit Requests for Qualifications to engage a contract inspectors. After some discussion, three changes were suggested to the ordinance. Alderman Babcock made a motion to adopt the ordinance with the following changes: 1) Section 3.2. Exemptions - add (j) Installation of antennas for satellite television or those related to
internet connections; 2) Section 5.1. Fees - add the Permit Fee for Multifamily over 10,000 sq. ft. as Subject to Plan Review; and 3) Section 7.3.2. Inspections at Each Stage - (b) (1) add elevation. Alderman Schrader seconded the motion. The motion passed unanimously (5-0).
15. Ordinance establishing a residential building code, a commercial building code, an electrical code, a plumbing code, a mechanical code and an energy conservation code: Alderman Babcock noted that this is an ordinance establishing the building codes to which plans and construction must comply. He reported that these codes are the standards utilized throughout the building industry and made a motion to adopt the ordinance establishing these various codes. City Attorney Monte Akers noted that the ordinance does contain a provision to adopt certain Appendices as needed. Alderman Wood seconded the motion. The motion passed unanimously (5-0).
16. Ordinance Establishing a Fire Code: This item was deferred to a later date.
17. Zoning Ordinance: Mayor Lambert reported that the Council approved the Comprehensive Development Plan last month and that it is a very general plan without any legal consequences. The Plan refers to Appendices that will need to be developed and approved by the Council. This Plan and the Appendices will be modified many times over the next few years. A Comprehensive Development Plan is required by State law before the City can proceed with some of the actions that will be discussed today. He emphasized that approved ordinances can always be changed and there can always be variances. Two parts to the Plan have already been approved. Plat changes were approved at a previous meeting and Building Permits were approved today. The next item to be discussed in the Plan is Zoning. The City Attorney has drafted a general Zoning Ordinance that includes the eleven existing subdivisions. The plan is to get the Deed Restrictions from the eleven subdivisions into a City Zoning Ordinance which therefore gives it much more legal substance. It also gives the City Council the authority to approve any exceptions to these Restrictions, or to be even more restrictive. One requirement of zoning is that it is comprehensive and zones the entire City. Mayor Lambert also addressed some other aspects that are outside of the traditional eleven subdivisions. The first is Centex property. The Council expects Centex to provide their present plans for the project and that any modifications to those plans will require Council approval. Another is Mr. Hurd’s property, the majority of which is in an existing subdivision and will be subject to the existing subdivision restrictions. However, some of the Hurd property is not in an existing subdivision, and the Council can make a zoning decision for each one of those properties. Next is the Resort property. With the exception of CapRock Zone and the Horseshoe Bay Blvd. Zone, all of the Resort properties seem to have a specific use, and recommendations for zoning each specific property will also be made to the Council. The CapRock Zone and the Horseshoe Bay Blvd. Zone are substantial projects and the Council has been working very cooperatively with the Resort on the process for them to develop their plans and have them discussed within the community, with the Council ultimately approving those plans. The legal term for these projects is a planned development district. To legally accomplish this, on the agenda for today is a proposal to establish a moratorium which will maintain the status quo related to those projects in order to work cooperatively over the next few months to establish Planned Development Districts for each of these two areas. The moratorium may remain in place until December 31, 2006, and hopefully by that time we will have the Planned Development Districts approved. The next item of discussion will be the Subdivision Ordinance which most significantly relates to the City’s extraterritorial jurisdiction to assist those who wish to develop their property to do so in accordance with the standards of the City. The most controversial issues of the Subdivision Ordinance will be items such as heights and setbacks, which will be included in the Zoning Ordinance. In the City, this will probably only apply to Mr. Hurd’s property by the Church at Horseshoe Bay since everything else is already subdivided and subject to Deed Restrictions. The Mayor then reported that the City Attorney has provided the Council a very preliminary draft of the Zoning Ordinance which is over ninety pages. After some discussion regarding the proposed completion date, Mayor Lambert stated that the Council will continue to work on the document with City Attorney Monte Akers. Mayor Lambert suggested that Aldermen Bird and Schrader begin corresponding with the POA’s informing them that the City is planning on adopting zoning which will adopt their respective Deed Restrictions and they should be thinking about any specific additions or modifications that need to be addressed in the zoning process.
18. Public Hearing regarding adoption of temporary moratorium on new construction in Zone 13, CapRock Zone and Zone 14, Horseshoe Bay Blvd. Corridor Zone: At 5:10 Mayor Lambert convened the Public Hearing on the adoption of a temporary moratorium on new construction in Zones 13 and 14. He asked for public comments. There were none and the public hearing was adjourned.
19. Reading and consideration of adoption of temporary moratorium on new construction in Zone 13, CapRock Zone and Zone 14, Horseshoe Bay Blvd. Corridor Zone: Mayor Lambert again noted that Zones 13 and 14 are very large projects and it is important to the Resort these projects be successful. It is also important that the community of Horseshoe Bay has input in these projects. The ultimate result of the moratorium is to maintain the status quo and continue to work cooperatively to approve a final development plan that meets the approval of the Resort and community. The Mayor explained the process of the temporary moratorium requirements. The City published the required notice and held the public hearing. The moratorium will be considered for approval by the Council. If approved, it will be in effect for a temporary period of 12 days during which time another meeting will be held to extend the moratorium for another 120 days. At the end of that time, then it can be extended for another period of time. The Mayor reported that he believed that a plan will be developed by the end of December. He then suggested taking a break to allow time for the Council to read the latest version of the moratorium ordinance.
Regular Meeting Adjourned for a Recess: At 5:15 p.m., Mayor Lambert announced that the meeting would adjourn for a short recess.
Regular Meeting Resumed: At 5:25 p.m., Mayor Lambert reconvened the meeting.
City Attorney Monte Akers explained the language in the moratorium regarding land uses, and noted that the Council would now read the moratorium or may make a motion to waive a formal reading. Alderwoman Wines made a motion to waive the formal reading of the moratorium. Alderman Wood seconded the motion. The motion passed unanimously (5-0). Alderman Schrader made a motion to adopt the Temporary Moratorium on New Construction in Zones 13 and 14. Alderman Wood seconded the motion. The motion passed unanimously (5-0).
Alderman Babcock noted that remodeling of the Horseshoe Bay Realty Office and the Yacht Club were an exception to the moratorium and he asked if Ron Mitchell would give a brief overview of those projects at the next meeting.
20. Setting of a date for special meeting for the purpose of final determination and imposition of a temporary moratorium on new construction in Zone 13, CapRock Zone, and Zone 14, HSB Boulevard Corridor Zone: After some discussion on a date for the Special Meeting for the purpose of final determination and imposition of a temporary moratorium, Alderman Wood made a motion to schedule the meeting for 9:00 a.m. on Thursday, April 27, 2006. Alderman Babcock seconded the motion. The motion passed unanimously (5-0).
21. Subdivision Ordinance: This item was deferred to a later date.
22. Possible Development on the Krumm Ranch Partially in the City’s ETJ: This item was deferred to a later date
23. Terms for Mayor and Aldermen: Mayor Lambert reported that the process for a November election will begin in July and it is necessary to determine who will serve one-year initial terms and who will serve two-year terms. After some discussion, Don Wood made a motion to establish a two-year term for the Mayor. Alderman Babcock seconded the motion. The motion passed unanimously (5-0). The City Council determined by lot which aldermen shall serve for one year and which shall serve for two years as follows:
One-year terms: Alderman Schrader, Alderman Wood, and Alderman Babcock
Two-year terms: Alderwoman Wines and Alderman Bird
After having determined the initial terms by lot, Alderman Babcock made a motion to adopt the Terms of Office Ordinance establishing a two year term for the Mayor and the Council and establishing the initial terms of the Council. Alderman Wood seconded the motion. The motion passed unanimously (5-0).
24. 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 5:55 p.m.
APPROVED this 9th day of May, 2006.
____________/ S /__________
Robert W. Lambert, MayorATTEST:
__________/ S /__________
Toni Vanderburg, City Secretary
Return to Minutes Menu Page
Return to City Home Page