City Council Regular Meeting Thursday, September 07, 2023 at 06:30 PM Public Safety Training Room, Police Station, 7286 Dietz Elkhorn, Fair Oaks Ranch

OPEN MEETING

• 1.Roll Call - Declaration of a Quorum

• 2.Pledge of Allegiance

CITIZENS and GUEST FORUM

To address the Council, please sign the Attendance Roster located on the table at the entrance in the foyer of the Public Safety Training Room. In accordance with the Open Meetings Act, Council may not discuss or take action on any item which has not been posted on the agenda. Speakers shall limit their comments to five (5) minutes each.

• 3.Citizens to be heard.

PRESENTATIONS

• 4.Texas Law Enforcement Accreditation Program's re-accreditation certificate to Fair Oaks Ranch Police Department.

  James Kohler, Chief of Police, Castroville, Former Region 7 Director of the Texas Police Chief's Association

• 5.Proclamation for Information Technology Professional's Day.

  Gregory C. Maxton, Mayor

CONSENT AGENDA

All of the following items are considered to be routine by the City Council, there will be no separate discussion on these items and will be enacted with one motion. Items may be removed by any Council Member by making such request prior to a motion and vote.

• 6.Approval of the August 17, 2023 Regular City Council meeting minutes.

  Christina Picioccio, TRMC, City Secretary

• 7.Approval of the second reading of an ordinance amending the City of Fair Oaks Ranch Unified Development Code (UDC), Chapter 1 - General Provisions, Chapter 2 - Review Authority and Procedures, and Chapter 3 - Applications and Permits.

  Grant Watanabe, P.E., Director of Public Works & Engineering Services
  Lata Krishnarao, AICP, LEED ND, Ardurra

• 8.Approval of a resolution reaffirming the City's Investment Policy

  Summer Fleming, Interim Director of Finance

• 9.Approval of Council Member Parker's absences from the September 21, 2023, and October 5, 2023, Regular City Council Meetings.

  Scott Parker, Council Member Place 5

PUBLIC HEARING

• 10.The City Council of the City of Fair Oaks Ranch, Texas will conduct a public hearing to receive public testimony on proposed amendments to the following chapters in the Unified Development Code (UDC):
  
       Chapter 4: Zoning Districts and Use Regulations 
       Chapter 5: Subdivision Design Standards 
  
  a) Mayor opens the Public Hearing
  b) Staff/consultant presentation of the proposed amendments to Chapters 4-5 of the UDC
  c) City Council receives citizen testimony for/against the proposed amendments
  d) Mayor closes public comments
  e) City Council may discuss the amendments, inclusive of questions to staff/consultant
  f) Public Hearing is adjourned with no formal action

  Grant Watanabe, P.E., Director of Public Works & Engineering Services
  Bobbe Barnes, Chairperson, Planning and Zoning Commission
  Lata Krishnarao, AICP, LEED ND, Consultant, Ardurra

CONSIDERATION/DISCUSSION ITEMS

• 11.Consideration and possible action approving the first reading of an ordinance amending the City of Fair Oaks Ranch Unified Development Code (UDC), Chapter 4: Zoning Districts and Use Regulations, and Chapter 5: Subdivision Design Standards. 
  
  

  Grant Watanabe, P.E., Director of Public Works & Engineering Services
  Lata Krishnarao, A.I.C.P., LEED ND, Consultant, Ardurra

• 12.Consideration and possible action to approve the proposed Fiscal Year 2023-24 Municipal Development District (MDD) Budget

  Mike Lovelace, CPA, CMA, CISA, Fair Oaks Ranch MDD Treasurer

• 13.Consideration and possible action approving a resolution authorizing the execution of an agreement with JF Petroleum Group for the construction and installation of a fuel tank.

  Clayton Hoelscher, Procurement Manager

• 14.Consideration and possible action approving the first reading of an Ordinance amending the City of Fair Oaks Ranch Code of Ordinances Appendix A “Fee Schedule,” Article A8.000 “Subdivision/Land Development Regulation Fees."

  Grant Watanabe, P.E., Director of Public Works & Engineering Services

• 15.Consideration and possible action approving a resolution authorizing the execution of a work authorization with Kimley-Horn and Associates, Inc. for engineering services for the Wastewater Treatment Plant (WWTP) Phase 1 Expansion Project.

  Grant Watanabe, P.E., Director of Public Works & Engineering Services

WORKSHOP

• 16.FY 2023-24 Budget Workshop.

  Summer Fleming, Interim Director of Finance

• 17.Water Conservation Plan Workshop

  Kelsey Delgado, Environmental Program Manager
  Julio Colunga, Assistant Director of Public Works

• 18.Civic Center Workshop.

  Scott M. Huizenga, Interim City Manager
  Grant Watanabe,P.E., Director of Public Works & Engineering Services
  Robert Lopez, AIA, Lopez Salas Architects

REQUESTS AND ANNOUNCEMENTS

• 19.Announcements and reports by Mayor and Council Members.

• 20.Announcements by the City Manager.

• 21.Requests by Mayor and Council Members that items be placed on a future City Council agenda.

CONVENE INTO EXECUTIVE SESSION

Pursuant to Section 551.101 of the Open Meetings Act, Texas Gov’t Code, a quorum of the governing body hereby convenes into closed session:

Sec. 551.071 (Consultation with Attorney) the City Council will meet in private consultation with legal counsel to seek the advice of its attorneys about pending or contemplated litigation, a settlement offer, and/or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Government Code; to wit:

• 22.To receive legal advice from Special Counsel and the City Attorney regarding the City’s ground water rights.

• 23.Case No. 22-090-451;  Vincent A. Caldarola, MD vs. City of Fair Oaks Ranch, Texas.

• 24.Discussion related to possible terms and conditions necessary to resolve disputes that have been the subject of ongoing litigation with the development commonly known as Boerne Ranch Estates, LLC, aka Fair Oaks Meadows. 

Sec. 551.072 (Deliberation regarding real property)

• 25.The City Council will meet in closed session to deliberate the purchase, exchange, lease, or value of real property that may be considered for future location of water and wastewater system improvements.

Sec. 551.074 (Personnel Matters)

• 26.The City Council will meet in closed session pursuant to Texas Government Code Section 551.074, Personnel Matters, to deliberate the process and options for filling the vacancy of City Manager.

• 27.To perform the annual evaluation of the City Manager.

• 28.To perform the annual evaluation of the City Secretary.

RECONVENE INTO OPEN SESSION

Discussion and possible action on items discussed in Executive Session.

ADJOURNMENT

_________________________________________________________________________________________________________________

Signature of Agenda Approval: s/Gregory C. Maxton                                                               

Gregory C. Maxton, Mayor 

I, Christina Picioccio, TRMC, City Secretary, certify that the above Notice of Meeting was posted on the outside bulletin board at the Fair Oaks Ranch City Hall, 7286 Dietz Elkhorn, Fair Oaks Ranch, Texas, and on the City’s website www.fairoaksranchtx.org, both places being convenient and readily accessible to the general public at all times.

As per Texas Government Code 551.045, said Notice was posted by 6:30 PM, Month DD, 2023 and remained so posted continuously for at least 72 hours before said meeting was convened.