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City Council Meeting

Regular Meeting

Bastrop, TX · September 25, 2012

AgendaPacketMinutes

Minutes

September 25, 2012 The Bastrop City Council met in regular session on September 25, 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 Dock Jackson led the pledges of allegiance to the U.S. and Texas flags. Reverend Grady Chandler led the invocation. 3. PRESENTATIONS There were no presentations. 4. PROCLAMATIONS There were no proclamations. 5. ANNOUNCEMENTS Mayor Orr announced that 20 years ago on September 25, 2012 he and his wife Patricia moved to Bastrop. Mayor Orr stated he will be leaving the meeting tonight for a short time to address the Texas Travel Industry Association event taking place in downtown Bastrop. CITY MANAGER INFORMATIONAL UPDATE REPORT: ITEMS FOR UPDATE, DISCUSSION AND POSSIBLE ACTION: A. MEETINGS AND EVENTS ATTENDED: 1. MAIN STREET ADVISORY BOARD MONTHLY MEETING ON SEPTEMBER 10, 2012. 2. BASTROP ECONOMIC DEVELOPMENT CORPORATION MONTHLY MEETING ON SEPTEMBER 17, 2012. 3. LOST PINES GROUNDWATER CONSERVATION DISTRICT MONTHLY MEETING ON SEPTEMBER 19, 2012. 4. HUNTERS CROSSING LOCAL GOVERNMENT CORPORATION SPECIAL MEETING ON SEPTEMBER 20, 2012. 5. CITY BOARD, COMMISSION, TASK FORCE & COMMITTEE TRAINING ON SEPTEMBER 20, 2012. B. UPDATE ON CITY PROJECTS: 1. CHESTNUT STREET SIDEWALK PROJECT. 2. BASTROP POWER & LIGHT ADMINISTRATIVE TRAINING BUILDING. 3. BOB BRYANT PARK WATER FACILITIES IMPROVEMENTS PROJECT. 4. REQUEST BY THE CITY OF BASTROP PARKS BOARD REGARDING THE PROPOSED SKATE PARK. 5. A REQUEST FROM THE MAIN STREET ADVISORY BOARD TO ESTABLISH AS PART OF THE MAIN STREET OFFICES IN THE BUILDING ACROSS FROM THE CONVENTION CENTER A “COMMUNITY VOLUNTEER CENTER.” 6. BASTROP MARKETNG CORPORATION QUARTERLY REPORT AS OF SEPTEMBER 11, 2012. 7. FAYETTE STREET WASTEWATER IMPROVEMENTS PROJECT. 8. TEXAS DEPARTMENT OF TRANSPORTATION NOTIFICATION OF PROPOSED ROAD CLOSURE AT THE INTERSECTION OF STATE HIGHWAY 71 AND FARM TO MARKET ROAD 969. 9. ALLIED WASTE PILOT PROGRAM FOR BRUSH PICK-UP. 10. FARM STREET PROJECT. 11. FALL CLEAN-UP PROGRAM. 12. PINE FOREST UNIT #6. 13. RECONSTRUCTION OF ALLEY “A” BEHIND THE POST OFFICE ANNEX. 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 commented on Item A.5. Mr. Talbot stated that on September 20, 2012 the first ever Board Training was conducted and approximately 15 members attended. Mr. Talbot stated the next scheduled training for this year is October 2, 2012 and then there will be another training in the Spring of 2013. Mr. Talbot commented on Item B.4. Mr. Talbot stated the Parks Board had asked him to share their concern that they would like to continue to move forward with the Skate Park. Mr. Talbot asked if there was any direction the Council would like to provide so he can report back to the Parks Board at their October monthly meeting. It was the consensus of the Council that Mr. Talbot should call the Bastrop Independent School District and if their answer is anything but hopeful then the Council should go ahead and schedule a public hearing to receive citizen input on the Parks Board suggested location on Austin Street. Mr. Talbot asked if any Council Members had any other items to discuss as posted in Item E. Council Member Kay Garcia McAnally asked Mr. Talbot where the City was on the speed tests on Farm Street. Mr. Talbot stated staff is working on the speed checks. Mr. Talbot stated speed is being checked at each intersection, stop signs are being identified, school zones and speed limit signs are being identified. 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 SEPTEMBER 11, 2012. A.2 ADOPTION OF AN ORDINANCE GRANTING A CONDITIONAL USE PEMIT TO ALLOW A HOME OCUPATION AT 1107 HILL STREET BEING +/-0.348 OF AN ACRE OUT OF BUILDING BLOCK 31, EAST OF WATER STREET, AN AREA ZONED SF-7, SINGLE FAMILY RESIDENTIAL LOCATED WITHIN THE CITY LIMITS OF BASTROP, TEXAS; SETTING OUT CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. A.3 ADOPTION OF AN ORDINANCE OF THE CITY OF BASTROP, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2012-2013; BEGINNING OCTOBER 1. 2012 ENDING SEPTEMBER 30, 2013; IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. A.4 ADOPTION OF AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF BASTROP, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTMBER 30, 2013, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BOND INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A.5 APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MS. NETTIE KIMBLE TO BASTROP HOUSING AUTHORITY PLACE 4 BOARD OF COMMISSIONERS AND RE-APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP HOUSING AUTHORITY BOARD OF COMMISSIONERS. A.6 APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF PLACE 5 AND PLACE 9 MEMBERS TO THE BASTROP MAIN STREET PROGRAM ADVISIORY BOARD. A.7 APPOINTMENT BY MAYOR AND CONFIRMATION BY COUNCIL OF MEMBERS TO THE BASTROP ART IN PUBLIC PLACES TASK FORCE. A.8 ADOPTION OF A RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES OF THE CITY OF BASTROP, TEXAS. A.9 APPROVAL OF BASTROP ART IN PUBLIC PLACES (BAIPP) TASK FORCE HANDBOOK FOR ARTISTS AND THE BAIPP. A.10 APPROVAL OF WAIVER OF FEE FOR HANGING BANNER FOR EVENT ON OCTOBER 6 & 7, 2012, AS REQUESTED BY BASTROP FINE ARTS GUILD. City Manager, Mike Talbot stated Consent Agenda Item A.8 is to be withdrawn from the Agenda. Mayor Orr read the captions of the Ordinance listed as Consent Agenda Items A.2, A.3 and A.4. Mayor Orr then read the information in the Ordinance fixing the tax rate: “NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, THAT: Section 1. There is hereby levied for the FY 2012-2013 upon all real property situated within the corporate limits of the City of Bastrop, Texas, and upon all personal property which was owned within the corporate limits of the City of Bastrop, Texas, on January 1, 2012, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of $0.5840 on each $100 of assessed valuation on all taxable property, which total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax rate of $0.3504 on each $100 of assessed valuation of all taxable property is hereby levied for general City purposes and to pay the current operating expenses of the City of Bastrop, Texas, for the fiscal year ending September 30, 2013, which tax, when collected shall be appropriated to and for the credit of the General Fund of the City of Bastrop, Texas. b) An ad valorem tax rate of $0.2336 on each $100 of assessed valuation of taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Bastrop, now outstanding and such tax, when collected, shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Bastrop, Texas, for the fiscal year ending September 30, 2013.” Willie DeLaRosa moved to approve the Consent Agenda minus Item A.8. Motion was seconded by Dock Jackson and carried unanimously. B. PUBLIC HEARINGS: B.1 PUBLIC HEARING: TO CONSIDER A REQUST FOR A VARIANCE TO BASTROP CODE OF ORDINANCES ARTICLE 4.02.004 “SALE OF ALCOHOLIC BEVERGES, DISTANCE FROM CHURCH, SCHOOL OR HOSPITAL” ON PROPERTY LOCATED AT 1014 MAIN STREET, BASTROP, TEXAS, TO BE KNOWN AS PAW-PAW’S CATFISH HOUSE RESTAURANT. City Manager Mike Talbot stated the City received a letter dated September 17, 2012 on behalf of Paw-Paw’s Catfish House restaurant requesting a variance to Bastrop Code of Ordinances Article 4.01, Section 4.02.004. Mr. Talbot stated according to the Bastrop Code of Ordinances Article 4.01, Section 4.02.004 the City Council may provide variances to the 300-foot limitation if the City Council determines that the enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of the land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, or not effective or necessary, or for any other reason the Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. Mr. Talbot stated according to the Code of Ordinances the Council is required to conduct a Public Hearing to receive public input on the requested variance. Mr. Talbot stated notice of the required Public Hearing was provided to all property owners within 300 feet of 1014 Main Street, as stated in the Code, and was published in the Bastrop Advertiser. Mr. Talbot called the Council’s attention to the applicant’s letter in the Agenda packet and also to an email from The Reverend Lisa Hines stating the Calvary Episcopal Church does not object to the pending liquor license. Mr. Talbot stated there were several property owner’s responses received regarding the variance request and all the responses received were in favor of granting the variance. Council Member Ken Kesselus pointed out that the Calvary Episcopal Church is what triggered the 300-foot limitation and it was important to note the letter received from the Church in support of the variance. There were no public comments. B.2 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REQUEST FOR A VARIANCE TO BASTROP CODE OF ORDINANCES ARTICLE 4.02.004 “SALE OF ALCOHOLIC BEVERAGES, DISTANCE FROM CHURCH, SCHOOL, OR HOSPITAL” ON PROPERTY LOCATED AT 1014 MAIN STREET, BASTROP, TEXAS, TO BE KNOWN AS PAW-PAW’S CATFISH HOUSE RESTAURANT. Kay Garcia McAnally moved to grant the Variance to allow the sale of beer and wine at 1014 Main Street, to be known as Paw-Paw’s Catfish House Restaurant. Motion was seconded by Willie DeLaRosa. Mayor Orr noted that the applicant letter stated they are applying for a TABC permit. Mayor Orr asked if the TABC permit is received first and then the City grants a variance. City Secretary, Teresa Valdez stated that the process is that the City grants the variance first because she is responsible for signing off on TABC permit applications before an applicant can take it to TABC. City Secretary, Teresa Valdez called the roll for vote on the motion. Motion carried unanimously. B.3 CITIZEN COMMENTS. There were no citizen comments. C. OLD BUSINESS D. NEW BUSINESS ORDINANCES FOR FIRST READING: D.1 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON APPROVAL OF THE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS AMENDING CHAPTER 1, ARTICLE 1.04.00 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “BOARDS, COMMITTEES AND COMMISSIONS”, RELATED TO MULTIPLE APPOINTMENTS OF MEMBERS TO CITY BOARDS, COMMITTEES, COMMISSIONS, TASK, FORCES AND ALL OTHER ADVISORY BODIES OF THE CITY OF BASTROP; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Orr read the caption of the Ordinance. City Manager, Mike Talbot called the Council’s attention to the proposed Ordinance on page 97 of the Agenda packet. Mr. Talbot stated this Ordinance will basically allow the Mayor to determine the makeup of various Boards. Ken Kesselus stated there has been a lot of conversation about this throughout the City. Mr. Kesselus stated some members serve on a board and are required to serve in a certain instance on another board. Mr. Kesselus stated this Ordinance will allow some flexibility. Kay Garcia McAnally stated the City now has an Ethics Ordinance in place which will help keep the lines straight if they become blurred. Ken Kesselus moved to approve the first reading of the Ordinance and place on the October 9, 2012 City Council Consent Agenda, for the second reading and final adoption. Motion was seconded by Joe Beal and carried unanimously. ORDINANCES AND OTHER ITEMS ELIGIBLE FOR CONSIDERATION AND/OR ACTION: D.2 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON RATIFYING THE PROPERY TAX INCREASE REFLECTED IN THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013. City Manager, Mike Talbot stated Section 102.007 of the Local Government Code requires a governing body that adopts a budget which raises more revenue from property taxes than in the previous year to ratify, by a separate vote, the property tax increase reflected in the budget. Mr. Talbot stated a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Charter Code, or other law. Mr. Talbot stated the proposed 2012-2013 budget will require raising more revenue from property taxes than in the previous year, and therefore requires a separate vote of the City Council to ratify the property tax increase reflected in the budget. Willie DeLaRosa stated the posted Agenda contained a typo stating “…and ending September 30, 2012” and it should state “…and ending September 30, 2013.” Dock Jackson moved to ratify the property tax increase reflected in the annual budget for the Fiscal Year beginning October 1, 2012 and ending September 30, 2013. Motion was seconded by Willie DeLaRosa and carried unanimously. D.3 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON A REQUEST FROM CALVARY EPISCOPAL CHURCH AND SCHOOL FOR A RAISED PEDESTRIAN CROSSWALK WITH IN-PAVEMENT LED’S SPANNING ALLEY A. City Manager, Mike Talbot stated the Calvary Episcopal Church and School would like the City to help pay/fund a pedestrian crosswalk in Alley A. Mr. Talbot stated Tracy Bratton, Engineer for Calvary Episcopal Church and School will be making a presentation to Council. Mr. Talbot stated in discussing this item with Mr. Bratton and staff , our best estimate of water line in Alley A is 100 year old, and a time/date could not be put on the wastewater line. Mr. Talbot stated if you take those out, you will have ripped up the total street, and then if you go to that level, consideration should be given to underground electric. Mr. Talbot stated the cost estimate for all of this is $600,000. Council Member Ken Kesselus left the dais at 6:50 p.m. Council Member Kesselus had filed a Local Government Officer Conflicts Disclosure Statement with the City Secretary prior to the meeting. Discussion was held among Council and Mr. Talbot. Kay Garcia McAnally stated she did not agree with the City paying for the Project because the School is a business and she did not think the City helps with private businesses. Ms. Garcia McAnally stated she thought that would be a very dangerous thing for the City to start helping private businesses funds projects. Ms. Garcia McAnally stated she did not want the public to have the perception that the City helps private companys. Council Member Joe Beal stated he was going to recuse himself from discussion because he was a member of the Vestry of Calvary Episcopal Church and School. Tracy Bratton gave a PowerPoint presentation on the Alley A Crosswalk Project. Mr. Bratton stated the Church and School has put time and energy into thinking through what could be done to ensure the safety of the children. Discussion was held among the Council and Mr. Bratton. Mayor Orr left the dais at 7:35 p.m. to go and address the Texas Travel Industry Association event. Mayor Pro-Tem asked if there were any public comments. Carol Brown, Chairman of the Board of Calvary Episcopal Church, addressed the Council. Ms. Brown reminded the Council that when the City wanted to expand the Library and reached out to the Church regarding the land for the parking lot, the Church made a gift of their land for $1.00 to the City. Connie Schroeder addressed the Council. Ms. Schroeder stated she serves on the Bastrop Planning and Zoning Commission and she has three grandchildren who attend the Calvary Episcopal School. Ms. Schroeder stated the Council should base their decision based on the community as a whole, it is a public street and other street have crosswalks, and this Alley is used to get to the downtown area which the City is promoting. Ms. Schroeder stated this was a safety issue for the children, and if the City of Bastrop could protect the chickens on Farm Street then they should protect children as well. Lisa Chavez addressed the Council. Ms. Chavez stated she is a member of Calvary Episcopal Church. Ms. Chavez stated the Church is not a business, but they are an outreach to the City. Glennie Burgess addressed the Council. Ms. Burgess stated she is head of Calvary Episcopal School and the safety of the children is of paramount importance. Discussion was held among Council. Willie DeLaRosa moved to instruct the City Manager to clean-up the costs and bring back to Council with a recommendation on partnering with the Calvary Episcopal Church and School on a safer crosswalk. Motion was seconded by Dock Jackson and carried 3:0. FOR MOTION: Willie DeLaRosa, Dock Jackson and Kay Garcia McAnally. ABSTAIN: Ken Kesselus and Joe Beal. Council Member Ken Kesselus returned to the dais at 8:00 p.m. D.4 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON ADOPTION OF A RESOLUTION NOMINATING AN INDIVIDUAL AS MEMBER OF THE BASTROP CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. City Secretary, Teresa Valdez stated the City had received a letter dated September 14, 2012 from the Bastrop Central Appraisal District notifying the City of a vacancy on the Bastrop Central Appraisal District Board of Directors. Ms. Valdez stated under the Texas Property Code, election of the Bastrop County Appraisal District’s Board of Directors is the responsibility of the governing bodies of the taxing entities of Bastrop County. Ms. Valdez stated she contacted the Bastrop Central Appraisal District and asked if there was a list of persons interested in serving on the Board and was told there was no such list. Ms. Valdez stated in October of 2011 the City submitted a Resolution nominating two persons, Oscar Cassel and Gene Sampson, as Members of the Bastrop Central Appraisal District Board of Directors. Ms. Valdez stated Mr. Gene Sampson was elected in October 2011 by the taxing entities of Bastrop County. Ms. Valdez stated the Bastrop Central Appraisal District is requesting each entity submit their nominee, to fill the vacancy, by Resolution. Discussion was held among Council. Mayor Orr returned to the dais at 8:05 p.m. It was the recommendation of the Council to not take any action tonight and Mayor Orr to come back with a recommendation at the next meeting. D.5 CONSIDERATION, DISCUSSION AND POSSIBLE ACTION APPROVING A REQUEST FROM THE JOHN KLEAS COMPANY FOR A VARIANCE TO SECTION 5.40 OF THE CITY OF BASTROP SUBDIVISION REGULATIONS THAT SIDEWALKS BE CONSTRUCTED ALONG ALL STREETS IN A SUBDIVISION. City Manager, Mike Talbot stated the applicant has requested this item be pulled from the Agenda. 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 – LEGAL AUTHORIZATION OF EXPENDITURE REGARDING HOTEL/MOTEL TAX REVENUE FUNDS. 2. SECTION 551.072 – DELIBERATION REGARDING REAL PROPERTY: REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY. At 8:10 p.m., Mayor Orr 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 – Legal authorization of expenditure regarding hotel/motel tax revenue funds. 2. Section 551.072 – Deliberation regarding real property: Regarding the purchase, exchange, lease, or value of real property. 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 9:24 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. Willie DeLaRosa moved to authorize Mike Talbot, City Manager to consult with the Mayor and use up to $30,000 in Hotel & Motel Occupancy Tax Revenue funds for transportation opportunities for the Formula 1 event, to enhance tourism and hotel/motel usage during the event, and Mr. Talbot is to report back to the Council as to decisions made, monies utilized and programs used. Motion was seconded by Ken Kesselus and carried unanimously. F. ADJOURNMENT At 9:27 p.m., Kay Garcia McAnally moved to adjourn. Motion was seconded by Dock Jackson and carried unanimously. APPROVED: ATTEST: _______________________ ________________________ Terry Orr, Mayor Teresa Valdez, City Secretary

Agenda

NOTICE OF REGULAR MEETING BASTROP CITY COUNCIL September 25, 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 September 25, 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 4. Proclamations: 5. Announcements CITY MANAGER INFORMATIONAL UPDATE REPORT: Items for update, discussion and possible action: A. Meetings and Events Attended: 1. Main Street Advisory Board monthly meeting on September 10, 2012. 2. Bastrop Economic Development Corporation monthly meeting on September 17, 2012. 3. Lost Pines Groundwater Conservation District monthly meeting on September 19, 2012. 4. Hunters Crossing Local Government Corporation special meeting on September 20, 2012. 5. City Board, Commission, Task Force & Committee Training on September 20, 2012. B. Update on City Projects: 1. Chestnut Street Sidewalk Project. 2. Bastrop Power & Light Administrative/Training Building. 3. Bob Bryant Park Water Facilities Improvement Project. 4. Request by the City of Bastrop Parks Board regarding the proposed Skate Park. 5. A request from the Main Street Advisory Board to establish as part of the Main Street Offices in the building across from the Convention Center a “Community Volunteer Center. 6. Bastrop Marketing Corporation Quarterly Report as of September 11, 2012 7. Fayette Street Wastewater Improvements Project. 8. Texas Department of Transportation notification of proposed road closure at the intersection of State Highway 71 and Farm to Market Road 969. 9. Allied Waste Pilot Program for brush pick-up. 10. Farm Street Project. 11. Fall Clean-up Program. 12. Pine Forest Unit #6. 13. Reconstruction of Alley “A” behind the Post Office Annex. 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 September 11, 2012. A.1 7 Teresa Valdez A.2 Adoption of an Ordinance granting a Conditional Use Permit to A.2 16 Melissa McCollum allow a home occupation at 1107 Hill Street being +/- 0.348 of an acre out of Building Block 31, east of Water Street, an area zoned SF-7, Single Family Residential located within the city limits Bastrop, Texas; setting out conditions; and providing an effective date. A.3 Adoption of an Ordinance of the City of Bastrop, Texas, adopting A.3 21 Mike Talbot a budget and appropriating resources for Fiscal Year 2012-2013; beginning October 1, 2012 ending September 30, 2013; in accordance with existing statutory requirements; repealing all conflicting ordinances; containing a severability clause; and providing for an effective date. A.4 Adoption of an Ordinance fixing the tax rate and levy for the A.4 25 Mike Talbot City of Bastrop, Texas, for the purpose of paying the current expenses of the City for the Fiscal Year ending September 30, 2013, and for the further purpose of creating a sinking fund to retire the principal and interest of the bond indebtedness of the City; providing for a lien on all real and personal property to secure payment of taxes due thereon; containing a severability clause; repealing all ordinances and parts thereof in conflict herewith; and providing for an effective date. A.5 Appointment by Mayor and confirmation by Council of Ms. Nettie A.5 29 Mayor Terry Orr Kimble to Bastrop Housing Authority Place 4 Board of Commissioners and re-appointment by Mayor and confirmation by Council of Members to the Bastrop Housing Authority Board of Commissioners. A.6 Appointment by Mayor and confirmation by Council of Place 5 and A.6 37 Mayor Terry Orr Place 9 Members to the Bastrop Main Street Program Advisory Board. A.7 Appointment by Mayor and confirmation by Council of Members A.7 43 Mayor Terry Orr to the Bastrop Art in Public Places Task Force. A.8 Adoption of a Resolution expressing official intent to reimburse A.8 52 Mike Talbot certain expenditures of the City of Bastrop, Texas. A.9 Approval of Bastrop Art in Public Places (BAIPP) Task Force A.9 56 Mike Talbot Handbook for Artists and the BAIPP. A.10 Approval of waiver of fee for hanging banner for event on A.10 78 Teresa Valdez October 6 & 7, 2012, as requested by Bastrop Fine Arts Guild. B. PUBLIC HEARINGS: B.1 PUBLIC HEARING: To consider a request for a Variance to B.1 82 Mike Talbot Bastrop Code of Ordinances Article 4.02.004 “Sale of Alcoholic Beverages, Distance from Church, School or Hospital” on property located at 1014 Main Street, Bastrop, Texas, to be known as Paw-Paw’s Catfish House restaurant. B.2 Consideration, discussion and possible action on a request for a B.2 93 Mike Talbot Variance to Bastrop Code of Ordinances Article 4.02.004 “Sale of Alcoholic Beverages, Distance from Church, School, or Hospital” on property located at 1014 Main Street, Bastrop, Texas, to be known as Paw-Paw’s Catfish House restaurant. 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 approval of the D.1 96 Mike Talbot FIRST READING of an Ordinance of the City Council of the City of Bastrop, Texas amending Chapter 1, Article 1.04.001 of the City’s Code of Ordinances, entitled “Boards, Committees and Commissions,” related to multiple appointments of members to City Boards, Committees, Commissions, Task Forces and all other advisory bodies of the City of Bastrop; providing a savings clause; and providing an effective date. ORDINANCES AND OTHER ITEMS ELIGIBLE FOR CONSIDERATION AND/OR ACTION: D.2 Consideration, discussion and possible action on ratifying the D.2 99 Mike Talbot property tax increase reflected in the annual budget for the fiscal year Beginning October 1, 2012 and ending September 30, 2012. D.3 Consideration, discussion and possible action on a request from D.3 100 Mike Talbot & Calvary Episcopal Church and School for a raised pedestrian crosswalk Melissa McCollum with in-pavement LED’s spanning Alley A. D.4 Consideration, discussion and possible action on adoption of a D.4 120 Teresa Valdez Resolution nominating an individual as Member of the Bastrop Central Appraisal District Board of Directors. D.5 Consideration, discussion and possible action approving a request D.5 126 Mike Talbot from the John Kleas Company for a Variance to Section 5.40 of the City of Bastrop Subdivision regulations that sidewalks be constructed along all streets in a subdivision. 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 – Legal authorization of expenditure regarding hotel/motel tax revenue funds. 2. Section 551.072 – Deliberation regarding real property: Regarding the purchase, exchange, lease, or Value of real property. 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 21st day of September 2012 at 9:30 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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