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City Council Meeting

Regular Meeting

Bastrop, TX · August 14, 2012

AgendaPacketMinutes

Minutes

August 14, 2012 The Bastrop City Council met in regular session on August 14, 2012 at 6:15 p.m. at the Council Chambers of City Hall, 1311 Chestnut Street, Bastrop, Texas. Members present were Mayor Terry Orr and Council Members Joe Beal, Ken Kesselus, Kay Garcia McAnally, Willie DeLaRosa and Dock Jackson. ANNOUNCEMENTS 1. CALL TO ORDER At 6:15 p.m. Mayor Terry Orr called the meeting to order with all members present. 2. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Kay Garcia McAnally led the pledges of allegiance to the U.S. and Texas flags. Reverend R.D. Smith led the invocation. 3. PRESENTATIONS A. CHARACTER EDUCATION – BASTROP STUDENT Kendall Sayers a Senior at Bastrop High School presented the Character Education character trait “Respect” for the month of August. B. EMERGENCY SERVICES DISTRICT #2 – GEORGE MARTINEZ George Martinez, Treasurer of Emergency Services District #2 addressed the Council. Mr. Martinez gave a presentation and update on the Emergency Services District #2. Ken Kesselus asked if the Emergency Services District #2 receives any assistance from the County and does the Emergency Services District #2 request assistance from the County. Mr. Martinez replied “No” to Mr. Kesselus’ questions. Willie DeLaRosa stated he believes the Emergency Services District #2 does not receive nor request any assistance from the County because they are taxing County residents ten cents on a dollar already. Mayor Orr stated Emergency Services District #2 does not tax City residents. 4. PROCLAMATIONS There were no proclamations. 5. ANNOUNCEMENTS Mayor Orr stated that sales tax for the City is 8.2% above where it was last year this month. Mayor Orr stated he really enjoyed reading the article in the Austin American Statesman concerning the archiving of items from the September 2011 Fire. CITY MANAGER INFORMATIONAL UPDATE REPORT: ITEMS FOR UPDATE, DISCUSSION AND POSSIBLE ACTION: A. MEETINGS AND EVENTS ATTENDED: 1. RULES COMMITTEE MEETING OF THE LOST PINES GROUNDWATER CONSERVATION DISTRICT ON JULY 30, 2012. 2. UTILITY COMMITTEE MEETING ON AUGUST 1, 2012. 3. ZONING BOARD OF ADJUSMENT MEETING ON AUGUST 1, 2012. 4. PARKS BOARD MEETING ON AUGUST 2, 2012. 5. CITY COUNCIL BUDGET WORKSHOP ON AUGUST 7, 2012. 6. BASTROP ECONOMIC DEVELOPMENT CORPORATION BUDGET MEETING ON AUGUST 8, 2012. B. UPDATE ON CITY PROJECTS: 1. PECAN STREET SEWER LINE REPLACEMENT PROJECT. 2. CHESTNUT STREET SIDEWALK PROJECT. 3. WATER WELL OPERATIONS IN FISHERMAN’S PARK. 4. BASTROP POWER & LIGHT ADMINISTRATIVE/TRAINING BUILDING. 5. BOB BRYANT PARK WATER FACILITIES IMPROVEMENTS PROJECT. 6. STREET LIGHT AT 908 WATER STREET. 7. BROKEN WATER SERVICE AT LOT 13 SECTION P-R-3 IN THE PINEY RIDGE SUBDIVISION. 8. SPECIAL CITY COUNCIL MEETING OF AUGUST 21, 2012. 9. PECAN PARK SUBDIVISION. 10. PLANNING AND ZONING COMMISSION MEETING OF JULY 26, 2012. 11. BRUSH PICK-UP IN THE CITY OF BASTROP. 12. SPLASH PARK UPDATE. C. UPDATE ON CITY BUSINESS: 1. CONVENTION CENTER ACTITIVITES. 2. MAIN STREET PROGRAM ACTIVITIES. 3. COMMERCIAL/RESIDENTIAL CONSTRUCTION PROJECTS IN THE CITY. 4. YMCA ACTIVITIES. D. DEPARTMENT AND BOARD REPORTS. E. INVITING INPUT FROM COUNCIL RELATED TO ISSUES FOR POSSIBLE INCLUSION ON FUTURE AGENDAS, RELATED TO ISSUES SUCH AS (BUT NOT LIMITED TO) MUNICIPAL PROJECTS, PERSONNEL, PUBLIC PROPERTY, DEVELOPMENT AND OTHER CITY/PUBLIC BUSINESS. City Manager, Mike Talbot stated his written City Manager Report was sent to the Council on Monday. Mr. Talbot reviewed Item B.6. Mr. Talbot stated this particular light has been hit over seven times in a couple of years costing the City approximately $13,000. Mr. Talbot stated if there is no objection from Council the City is going to remove that light. There was no objection from Council to remove the light at 908 Water Street. Mr. Talbot reviewed Item B.10. Mr. Talbot stated the Planning and Zoning Commission held a discussion regarding red granite driveways at their July 26, 2012 meeting. Mr. Talbot stated the Draft Minutes from that meeting are included in the City Manager’s Report. Mr. Talbot stated the Planning and Zoning Commission’s position is that the City’s Zoning Ordinance not be amended and that red granite driveways continue to be prohibited in the Old Town Section. Mr. Talbot stated Council has several options at this point: 1) Accept the Planning and Zoning Commission recommendation that the City’s Zoning Ordinance not be amended; 2) Council has the right to make an Amendment to the Ordinance – put a notice in the paper, the Planning and Zoning Commission hold a public hearing and Council hold a public hearing; or 3) Council conduct a Workshop Session on this. Mr. Talbot stated this matter has been pending for such a lengthy period of time that it has placed the City’s Planning staff in a very difficult position and Council needs to make a decision on it. Mr. Talbot stated that this has been before the Planning and Zoning Commission twice. Ken Kesselus stated that there had been some comment made that this issue was a political football for Council and he wanted to comment for the record that was not his prospective at all. Mr. Kesselus stated he trusts the Planning and Zoning Commission judgment and he just wanted to make sure the Council had a fair good look at red-granite driveways in the Old Town Section. Joe Beal stated he did not realize this was a political issue. Mr. Beal stated he would not want to change the Ordinance and follow the Planning and Zoning Commission recommendation. Mr. Beal requested that the next time Gene Kruppa has time to explain the effects of rainfall and such on streets and granite driveways to the Council he be placed on the Agenda to do so. Mayor Orr stated it was the consensus of Council to agree with the Planning and Zoning Commission recommendation to not amend the City’s Zoning Ordinance regarding red granite driveways in the Old Town Section. Ken Kesselus requested that more descriptive and informative information be included in the mailed Public Hearing Notices to residents. Dock Jackson asked for a progress report on Gills Branch. Mr. Talbot stated the City has about 85% of the required easements. Mr. Talbot stated there is an area that the City could go in and work but has not yet begun that because when we were declared a federal disaster due to the fire, if we do the work in advance we cannot get reimbursed. Joe Beal thanked the City Manager and staff for working with Allied Waste regarding brush pick-up in the City. Mr. Beal stated he personally recommends against the process of dividing the City into quadrants. Mr. Beal stated the City should continue the education process on how residents should request brush pick-up. A. CONSENT AGENDA ALL OF THE FOLLOWING ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY THE COUNCIL AND WILL BE ENACTED WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A COUNCIL MEMBER SO REQUESTS. A.1 APPROVAL OF MEETING MINUTES OF JULY 24 & AUGUST 7, 2012. A.2 APPROVAL OF BASTROP MARKETING CORPORATION’S REQUEST FOR REIMBURSEMENT OF EXPENSES. A.3 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP CEMETERY ADVISORY BOARD. A.4 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP ZONING BOARD OF ADJUSTMENT & MUNICIPAL SIGN REVIEW BOARD. A.5 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP PARKS BOARD. A.6 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP MAIN STREET ADVISORY BOARD. A.7 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP LIBRARY BOARD. A.8 RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP PLANNING AND ZONING COMMISSION. A.9 APPROVAL OF REQUEST BY BASTROP FIRE DEPARTMENT TO USE THE INTERSECTION OF MAIN AND CHESTNUT FOR MDA “FILL THE BOOT” ON SEPTEMBER 1, 2012. A.10 APPROVAL OF REQUESTED AMENDMENT TO SPECIAL EVENTS PERMIT “BURNING PINE 5K & 10k” PREVIOUSLY APPROVED BY CITY COUNCIL ON JULY 24, 2012. A.11 APPROVAL OF SPECIAL EVENTS PERMIT APPLICATION SUBMITTED BY THE COLORADO RIVER 100 TO HOST “THE COLORADO RIVER 100 RACE” ON FRIDAY, AUGUST 31, 2012 AND SATURDAY, SEPTEMBER 1, 2012 IN FISHERMAN’S PARK. A.12 APPROVAL OF SPECIAL EVENT PERMIT APPLICATION SUBMITTED BY THE MAIN STREET MANAGER TO HOST “ALLEY B BASH” ON SATURDAY, SEPTEMBER 22, 2012 IN ALLEY B BETWEEN CHESTNUT AND PINE STREETS. A.13 APPROVAL OF THE DENIAL OF THE PRELIMINARY PLAT FOR BASTROP GROVE LOCATED EAST OF STATE HIGHWAY 304 IN THE CITY LIMITS OF BASTROP, TEXAS. A.14 ADOPTION OF A RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES OF THE CITY OF BASTROP, TEXAS. City Manager, Mike Talbot stated there is a slight change to Consent Agenda Item A.12. Mr. Talbot stated the name of the organization hosting the event should be listed as the Bastrop Downtown Business Alliance and not the Bastrop Main Street Program. Joe Beal moved to approve the Consent Agenda with the change as noted by Mr. Talbot. Motion was seconded by Kay Garcia McAnally and carried unanimously. B. PUBLIC HEARINGS: B.1 PUBLIC HEARING: ON A REQUEST FOR A ZONING DISTRICT CHANGE FROM SF7, SINGLE FAMILY RESIDENTIAL TO AOS, AGRICULTURE OPEN SPACE FOR A +/- 7.38 ACRES WITHIN THE MOZEA ROUSSEAU SURVEY, A-56, LOCATED SOUTH OF CHILDERS DRIVE IN THE CITY LIMITS OF BASTROP, TEXAS. Planning and Development Director, Melissa McCollum addressed the Council. Ms. McCollum stated the 7.38 acres, located within the Pecan Park proposed development, being the 100 foot wide Lower Colorado River Authority (LCRA) electrical easement. Ms. McCollum stated the property is entirely in the LCRA easement and the developer is proposing this area as open space, when the remaining tracts are developed. Ms. McCollum stated currently the property is vacant and is used agriculturally, with parts of the larger tract. Ms. McCollum stated the property is located adjacent to residentially zoned property which currently has no street frontage. Ms. McCollum stated future access could be gained from the extension of Childers Drive, but is not currently constructed. Ms. McCollum stated City Council has approved an amendment to the Thoroughfare Plan to have a collector level street that is proposed to extend from the proposed Schaefer Boulevard (Highway 71 by Wendy’s and extend through the owners remaining tract to connect to Childers Drive. Ms. McCollum stated the Pecan Park Final Plat was approved by City Council in November 2005, but has never been recorded. Ms. McCollum stated the 2005 plat designates this property as part of a “reserve tract” which could be re- subdivision in the future once the plat is recorded. Ms. McCollum stated the property owner is working with staff to either record his “approved but not recorded” Final Plat or re-plat the entire property. Ms. McCollum stated the AOS, Agricultural and Open Space District is designed to permit the use of land for the propagation and cultivation of crops and similar uses of vacant land. Ms. McCollum stated single family uses on large lots are also appropriate for this district. Ms. McCollum stated this district also contains open space, which is generally under the control of the public and usually used for parks and recreational area. Ms. McCollum stated the LCRA electrical easement is only 100’ wide and does not meet the minimum lot width for AOS lots. Ms. McCollum stated the owner/applicant is requesting a zoning change to AOS, Agricultural Open Space District. Ms. McCollum stated staff has not seen a final proposed layout or design of the proposed development for this area and staff is not certain if this area is to be dedicated to the City, remain private open space, or any other public/private use. Ms. McCollum stated the applicant has represented that this acreage could potentially be maintained by private Home Owners Association, but to change the zoning without a master plan seems premature. Ms. McCollum stated the Planning and Zoning Commission conducted the public hearing on July 26, 2012 and voted 5-2 to recommend approval of the zoning change from SF-7, Single Family-7 to AOS, Agricultural/Open Space. Ken Kesselus noted that two Planning and Zoning Commission members voted against the requested zoning change. Mr. Kesselus stated that one of those members told him they were just sick and tired of this because it is has been going on for seven or eight years now and the Final Plat is still not filed and recorded. Discussion was held among Council, Ms. McCollum and Mr. Talbot. Lynn Alderson, applicant, addressed the Council. Mr. Alderson called the Council’s attention to the conceptual plan that shows how they conceive the LCRA easement being used. Mr. Alderson stated the easement would be used as a buffer between single family residential and multi-family residential. Mr. Alderson stated the developers feel this could be used as a marketing tool and would benefit the City’s trail system. Joe Beal asked Mr. Talbot if he had any real heartburn with this request. Mr. Talbot stated this clearly identifies buffers between single family residential and multi- family residential. There were no public comments. B.2 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF THE FIRST READING OF A PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS GRANTING A ZONING DISTRICT CHANGE FROM SF7, SINGLE FAMILY RESIDENTIAL TO AOS, AGRICULTURE OPEN SPACE FOR +/-7.38 ACRES WITHIN THE MOZEA ROUSSEAU SURVEY, A-56, LOCATED SOUTH OF CHILDERS DRIVE IN THE CITY LIMITS OF BASTROP, TEXAS AND ESTABLISHING AN EFFECTIVE DATE. Mayor Orr read the caption of the Ordinance. Ken Kesselus stepped away from the dias and Council Chambers before the vote was taken. Joe Beal moved to approve the Ordinance and place on the Consent Agenda of the next regularly scheduled Council meeting for the second reading. Motion was seconded by Kay Garcia McAnally. Motion carried 4:0. FOR MOTION: Joe Beal, Kay Garcia McAnally, Willie DeLaRosa and Dock Jackson. Ken Kesselus returned to the dias. B.3 CITIZEN COMMENTS. Debbie Moore addressed the Council. Mr. Moore stated Andrew Disney who is the director of the independent film “Searching for Sonny” will be meeting with high school students from the Performing Arts Center on Thursday, August 23, 2012. C. OLD BUSINESS D. NEW BUSINESS ORDINANCES FOR FIRST READING: D.1 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON THE FIRST READING OF AN ORDINANCE AMENDING THE FAIRVIEW CEMETERY ORDINANCE NO. 2010-27 AND PROVIDING AN EFFECTIVE DATE. Chief Financial Officer Karla Stovall addressed the Council. Ms. Stovall recommended a correction for clarification to the proposed Ordinance included in the Agenda packet. Ms. Stovall called the Council’s attention to the proposed corrected Ordinance which removes the verbiage “and county clerk’s office” from the sentence following the asterisk listed under “Cost”. Ms. Stovall stated that if the county clerk’s office increases the filing fee, the City would have to increase their fee for filing. Ms. Stovall stated the Cemetery under Ordinance 2010-27 currently charges a fee of $600 for Operations and Maintenance and $400 for Permanent Care for a total of $1,000 per plat. Ms. Stovall stated the Ordinance that is proposed will allocate the $1,000 plat fee to Operations and Maintenance. Ms. Stovall stated funds within a Permanent Care Fund cannot be touched or used, except for the interest. Ms. Stovall stated in order to keep the Fairview Cemetery self-sufficient and not require supplemental funding from the General Fund, the Finance Department requests your approval of the revised fee schedule. Ken Kesselus asked that it be put in the record that he would not object to raising the amount for sale of plots, but the business approach would be if we buy land, can we sell enough plots to pay for the land. Discussion was held among Council and Ms. Stovall. Dock Jackson moved to approve the first reading of the Ordinance and have it placed on the Consent Agenda of the next regularly scheduled Council Meeting for the second reading. Seconded by Ken Kesselus and carried unanimously. ORDINANCES AND OTHER ITEMS ELIGIBLE FOR CONSIDERATION AND/OR ACTION: D.2 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION TO APPROVE A FINAL PLAT FOR PURCELL POINTE BEING APPROXIMATELY 3.406 ACRES OF LAND IN THE CITY LIMITS OF BASTROP, TEXAS. Planning and Development Director, Melissa McCollum addressed the Council. Ms. McCollum stated the layout of lots represents a change from the Final Plat approved by City Council on December 13, 2011. Ms. McCollum stated the owner wishes to divide his +/- 3.40 tract into three lots. Ms. McCollum stated the entire property is zoned C-2, Commercial and once platted, is proposed for a variety of commercial developments. Ms. McCollum stated currently a Popeye’s is proposed for lot 2. Ms. McCollum stated the three lots will share access to Highway 71 and Emile Street. Ms. McCollum stated staff supports the Purcell Pointe Subdivision provided that the maintenance agreement for all common areas and completion of the Phase 1 Public Utility and Drainage Plans, Phase 2 Public Utility Plans and Phase 1 Site Development plans are resolved/finalized prior to recordation. Ms. McCollum stated staff recommends approval of the Final Plat. Jacob Villarreal, engineer for the applicant, addressed the Council. Mr. Villarreal stated the drainage is designed not to cause any issues downstream. Discussion was held among Council, Ms. McCollum and Mr. Talbot. Willie DeLaRosa asked if the City’s engineer is in agreement with the drainage plan. Mr. Talbot stated he would make a note to meet with Ms. Gilpin, the City’s engineer and Ms. McCollum to verify that they are comfortable with the drainage plan and if not he will bring it back to Council. Reverend R.D. Smith addressed the Council. Reverend Smith voiced concerns in regard to the detention pond and standing water. Joe Beal moved to approve the Final Plat for Purcell Pointe provided that the maintenance agreement for all common areas and completion of the Phase 1 Public Utility and Drainage Plans, Phase 2 Public Utility Plans, Phase 1 Site Development plans are resolved/finalized prior to recordation and the City Manager’s review with the City Engineer Charlotte Gilpin and City Planning and Development Director Melissa McCollum are in agreement with the drainage plan. Motion was seconded by Ken Kesselus and carried unanimously. D.3 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON FUNDING LEVEL ALLOCATION TO ENTITIES REQUESTING COMMUNITY SUPPORT FUNDING FOR FISCAL YEAR 2012-2013. Chief Financial Officer Karla Stovall addressed the Council. Ms. Stovall called the Council’s attention to the spreadsheet identifying the Fiscal Year 2011-2012 Community Support Funding approved, the Fiscal Year 2012-2013 Funding Requests and the Fiscal Year 2012-2013 City Council Average (copy attached). Mayor Terry Orr stated the Council needs to fill in the last column of the spreadsheet which is the Fiscal Year 2012-2013 proposed funding. Ken Kesselus moved that the Council’s Average amounts be placed in the Proposed Funding column with two-thirds of the money coming from the Bastrop Power & Light budget and one- third coming from the General Fund. Discussion was held among Council. Ken Kesselus moved to amend his motion that 90% of the money come from the Bastrop Power & Light Budget and 10% come from the General Fund. Motion was seconded by Kay Garcia McAnally. Discussion was held among Council. City Secretary, Teresa Valdez called roll for the vote: FOR MOTION: Ken Kesselus and Kay Garcia McAnally. AGAINST MOTION: Willie DeLaRosa, Joe Beal and Dock Jackson. Motion failed 2:3. Dock Jackson stated that there seems to be some disparities in the Council average. Mr. Jackson stated there are allocations ranging from $800 to $18,000 and that is a lot of disparity. Joe Beal moved to approve the Council’s average amounts to be placed in the Proposed Funding column for the City’s Fiscal Year 2012-2013 Budget, and that the Council instruct the Utility Committee to look at possible sources of funding for the Community Services funded and report back to Council and if possible do it this budget cycle. Motion was seconded by Willie DeLaRosa. Motion carried 5:1. FOR MOTION: Joe Beal, Willie DeLaRosa, Kay Garcia McAnally and Ken Kesselus. AGAINST MOTION: Dock Jackson. D.4 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON THE PRELIMINARY FUNDING LEVEL ALLOCATION TO ENTITIES REQUESTING HOTEL MOTEL FUNDING FOR THIS FISCAL YEAR 2012-2013. Chief Financial Officer Karla Stovall addressed the Council. Ms. Stovall called the Council’s attention to the spreadsheet identifying the Hotel Motel Funding for Fiscal Year 2011-2012 approved, the Fiscal Year 2012-2013 Funding Requests and the Fiscal Year 2012-2013 City Council Average (copy attached). Mayor Terry Orr stated the Council needs to fill in the last column of the spreadsheet which is the Fiscal Year 2012-2013 preliminary proposed funding. Discussion was held among Council. Ken Kesselus moved to approve the Council’s average amounts to be placed in the Preliminary Proposed Funding column for inclusion in the City’s Fiscal Year 2012-2013 budget. Motion was seconded by Willie DeLaRosa. Motion carried 4:0. FOR MOTION: Ken Kesselus, Willie DeLaRosa, Kay Garcia McAnally and Joe Beal. ABSTAIN: Dock Jackson. D.5 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON ACCEPTANCE OF MONTHLY FINANCIAL REPORTS & QUARTERLY INVESTMENT REPORT FOR THE PERIOD ENDING OF JUNE 30, 2012. Finance Director, Karla Stovall presented the monthly Financial Reports and Quarterly Investment Report for the period ending June 30, 2012. Ms. Stovall reviewed the report. Brief discussion was held among Council and Ms. Stovall. Mayor Orr stepped away from the dias and Council Chambers. Mayor Pro-Tem Joe Beal acted as Chair. Willie DeLaRosa moved to accept the monthly Financial Reports and Quarterly Investment Report for the period ending June 30, 2012. Motion was seconded by Kay Garcia McAnally and carried unanimously. E. EXECUTIVE SESSION: E.1 THE BASTROP CITY COUNCIL WILL MEET IN A CLOSED/EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, CHAPTER 551, TO DISCUSS THE FOLLOWING: 1. SECTION 551.071(1)(A) AND SECTION 551.071(2) - CONSULTATIONS WITH ATTORNEY: (1) THREATENED AND/OR CONTEMPLATED LITIGATION, AND (2) MATTERS UPON WHICH THE ATTORNEY HAS A DUTY AND/OR RESPONSIBILITY TO REPORT TO THE GOVERNMENTAL BODY. 2. SECTION 551.074 – PERSONNEL MATTERS: CITY MANAGER. 3. SECTION 551.072 – DELIBERATIONS ABOUT REAL PROPERTY: DISPOSITION OF CITY PROPERTY. At 8:23 p.m., Mayor Pro-Tem Joe Beal convened the Bastrop City Council into a closed/executive session pursuant to the Texas Government Code, Chapter 551, to discuss the following: 1. Section 551.071(1)(A) and Section 551.071(2) – Consultations with Attorney: (1) threatened and/or contemplated litigation, and (2) Matters upon which the attorney has a duty and/or responsibility to report to the governmental body. 2. Section 551.074 – Personnel Matters: City Manager. 3. Section 551.072 – Deliberations About Real Property: Disposition of City Property. Mayor Orr returned to the dias. E.2 THE BASTROP CITY COUNCIL WILL RECONVENE INTO OPEN SESSION TO DISCUSS, CONSIDER AND/OR TAKE ANY ACTIONS NECESSARY RELATED TO THE EXECUTIVE SESSIONS NOTED HEREIN, OR REGULAR AGENDA ITEMS, NOTED ABOVE, AND/OR RELATED ITEMS. At 9:47 p.m., Mayor Orr reconvened the Bastrop City Council into open session to discuss, consider and/or take any actions necessary related to the executive sessions noted herein, or regular agenda items, noted above, and/or related items. No action was taken. F. ADJOURNMENT At 9:48 p.m., Dock Jackson moved to adjourn. Seconded by Willie DeLaRosa and carried unanimously. APPROVED: ATTEST: _______________________ ________________________ Terry Orr, Mayor Teresa Valdez, City Secretary

Agenda

NOTICE OF REGULAR MEETING BASTROP CITY COUNCIL August 14, 2012 6:15 P.M. Pursuant to the Texas Government Code, Chapter 551, the City Council of Bastrop, Texas will hold a regular meeting on August 14, 2012 at 6:15 p.m. at Council Chambers of City Hall, 1311 Chestnut Street, Bastrop, Texas and will consider the following matters to wit: REGULAR MEETING TAB PAGE ORIGINATOR STATUS ANNOUNCEMENTS 1. Call to Order 2. Pledge of Allegiance and Invocation 3. Presentations A. Character Education – Bastrop Student B. Emergency Services District #2 – George Martinez 4. Proclamations 5. Announcements CITY MANAGER INFORMATIONAL UPDATE REPORT: Items for update, discussion and possible action: A. Meetings and Events Attended: 1. Rules Committee meeting of the Lost Pines Groundwater Conservation District on July 30, 2012. 2. Utility Committee meeting on August 1, 2012. 3. Zoning Board of Adjustment meeting on August 1, 2012. 4, Parks Board meeting on August 2, 2012. 5. City Council Budget Workshop on August 7, 2012. 6. Bastrop Economic Development Corporation Budget meeting on August 8, 2012. B. Update on City Projects: 1. Pecan Street Sewer Line Replacement Project. 2. Chestnut Street Sidewalk Project. 3. Water well operations in Fisherman’s Park. 4. Bastrop Power & Light administrative/training building. 5. Bob Bryant Park Water Facilities Improvements Project. 6. Street Light at 908 Water Street. 7. Broken water service at Lot 13 Section P-R-3 in the Piney Ridge Subdivision. 8. Special City Council Meeting of August 21, 2012. 9. Pecan Park Subdivision. 10. Planning and Zoning Commission meeting of July 26, 2012. 11. Brush pick-up in the City of Bastrop. 12. Splash Park update. C. Update on City Business: 1. Convention Center Activities. 2. Main Street Program Activities. 3. Commercial/Residential Construction Projects in the City. 4. YMCA Activities. D. Department and Board Reports. E. Inviting input from Council related to issues for possible inclusion on future agendas, related to issues such as (but not limited to) municipal projects, personnel, public property, development and other City/public business. A. CONSENT AGENDA All of the following items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member so requests. A.1 Approval of meeting minutes of July 24 & August 7, 2012. A.1 13 Teresa Valdez A.2 Approval of Bastrop Marketing Corporation’s request for A.2 25 Karla Stovall reimbursement of expenses. A.3 Re-appointment by Mayor and confirmation by Council of members A.3 28 Mayor Terry Orr to the Bastrop Cemetery Advisory Board A.4 Re-appointment by Mayor and confirmation by Council of members A.4 36 Mayor Terry Orr to the Bastrop Zoning Board of Adjustment & Municipal Sign Review Board. A.5 Re-appointment by Mayor and confirmation by Council of members A.5 45 Mayor Terry Orr to the Bastrop Parks Board. A.6 Re-appointment by Mayor and confirmation by Council of members A.6 55 Mayor Terry Orr to the Bastrop Main Street Advisory Board. A.7 Re-appointment by Mayor and confirmation by Council of members A.7 64 Mayor Terry Orr to the Bastrop Library Board. A.8 Re-appointment by Mayor and confirmation by Council of members A.8 75 Mayor Terry Orr to the Bastrop Planning and Zoning Commission. A.9 Approval of request by Bastrop Fire Department to use the A.9 85 Fire Chief Henry Perry intersection of Main and Chestnut for MDA “Fill the Boot” on September 1, 2012. A.10 Approval of requested amendment to Special Events Permit A.10 89 Teresa Valdez “Burning Pine 5K & 10K” previously approved by City Council on July 24, 2012. A.11 Approval of Special Event Permit Application submitted by the A.11 99 Trey Job Colorado River 100 to host “The Colorado River 100 Race” on Friday, August 31, 2012 and Saturday, September 1, 2012 in Fisherman’s Park. A.12 Approval of Special Event Permit Application submitted by the A.12 108 Trey Job Main Street Manager to host “Alley B Bash” on Saturday, September 22, 2012 in Alley B between Chestnut and Pine Streets. A.13 Approval of the denial of the Preliminary Plat for Bastrop Grove A.13 113 Melissa McCollum located east of State Highway 304 in the city limits of Bastrop, Texas. A.14 Adoption of a Resolution expressing official intent to reimburse A.14 116 Mike Talbot certain expenditures of the City of Bastrop, Texas. B. PUBLIC HEARINGS: B.1 PUBLIC HEARING: On a request for a zoning district change from B.1 121 Melissa McCollum from SF7, Single Family Residential to AOS, Agriculture Open Space for +/-7.38 acres within the Mozea Rousseau Survey, A-56, located south of Childers Drive in the city limits of Bastrop, Texas. B.2 Consideration, discussion and possible action on approval of the B.2 129 Melissa McCollum FIRST READING of a proposed Ordinance of the City Council of the City of Bastrop, Texas granting a zoning district change from SF7, Single Family Residential to AOS, Agriculture Open Space for +/-7.38 acres within the Mozea Rousseau Survey, A-56, located south of Childers Drive in the city limits of Bastrop, Texas and establishing an effective date. B.3 Citizen Comments. ********************************************************************************* Executive Session: The Council reserves the right to convene into Executive Session at any time during the meeting regarding any agenda item. In compliance with the Open Meetings Act, Chapter 551 Government Code, Vernon’s Texas Code, Annotated, the item below will be discussed in closed session. 1. Section 551.071 – Consultations with Attorney ******************************************************************************** C. OLD BUSINESS D. NEW BUSINESS ORDINANCES FOR FIRST READING: D.1 Consideration, discussion and possible action on the FIRST D.1 135 Karla Stovall READING of an Ordinance amending the Fairview Cemetery Ordinance No. 2010-27 and providing an effective date. ORDINANCES AND OTHER ITEMS ELIGIBLE FOR CONSIDERATION AND/OR ACTION: D.2 Consideration, discussion and possible action to approve a Final D.2 138 Melissa McCollum Plat for Purcell Pointe being approximately 3.406 acres of land in the City limits of Bastrop, Texas. D.3 Consideration, discussion and possible action on funding level D.3 142 Karla Stovall allocation to entities requesting Community Support Funding for Fiscal Year 2012-2013. D.4 Consideration, discussion and possible action on the preliminary D.4 144 Karla Stovall funding level allocation to entities requesting Hotel Motel Funding for the Fiscal Year 2013-2013. D.5 Consideration, discussion and possible action on acceptance of D.5 146 Karla Stovall Monthly Financial Reports & Quarterly Investment Report for the period ending of June 30, 2012. E. EXECUTIVE SESSION E.1 The Bastrop City Council will meet in a closed/executive session pursuant to the Texas Government Code, Chapter 551 to discuss the following: 1. Section 551.071(1)(A) and Section 551.071(2) - Consultations with Attorney: (1) threatened and/or contemplated litigation, and (2) matters upon which the Attorney has a duty and/or responsibility to report to the governmental body. 2. Section 551.074 – Personnel Matters: City Manager. E.2 The Bastrop City Council will reconvene into open session to discuss, consider and/or take any actions necessary related to the executive sessions noted herein, or regular agenda items, noted above, and/or related items. F. ADJOURNMENT CERTIFICATE I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Bastrop, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted the 10th day of August 2012 at 9:00 a.m. Copies of this agenda have been provided to those members of the media requesting such information. Teresa Valdez Teresa Valdez, City Secretary NOTICE OF ASSISTANCE AT PUBLIC MEETINGS THE CITY OF BASTROP IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. BASTROP CITY HALL AND COUNCIL CHAMBERS ARE WHEELCHAIR ACCESSIBLE AND SPECIAL MARKED PARKING IS AVAILABLE. PERSONS WITH DISABILITIES WHO PLAN TO ATTEND THIS MEETING AND WHO MAY NEED ASSISTANCE ARE REQUESTED TO CONTACT THE CITY SECRETARY’S OFFICE AT 512-332-8811. PLEASE PROVIDE FORTY-EIGHT HOURS NOTICE WHEN FEASIBLE. Confirm time posted: TC

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