City Council Special Meeting

August 21, 2012 The Bastrop City Council met in Special Workshop Meeting on Tuesday, August 21, 2012 at 6:15 p.m. at the Bastrop City Hall Council Chambers, 1311 Chestnut Street, Bastrop, Texas. Members present were Mayor Terry Orr and Council Members Joe Beal, Willie DeLaRosa, Ken Kesselus and Kay Garcia McAnally. 1. CALL TO ORDER At 6:15 p.m., Mayor Terry Orr called the meeting to order with all members present, with the exception of Dock Jackson who was out of town. 2. EXECUTIVE SESSION – THE BASTROP CITY COUNCIL WILL MEET IN A CLOSED/EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, CHAPTER 551, TO DISCUSS THE FOLLOWING: A. 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. At 6:17 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: A. 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. Joe Beal left the Executive Session at 6:47 p.m. 3. THE BASTROP CITY COUNCIL WILL ADJOURN EXECUTIVE SESSION AND RECONVENE INTO SPECIAL SESSION TO TAKE ANY NECESSARY ACTION(S). At 7:04 p.m., Mayor Orr reconvened the Bastrop City Council into Special Session to take any necessary action(s). No action was taken. 4. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION APPROVING A CONSTRUCTION/DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BASTROP AND THE PINE FOREST INVESTMENT GROUP, L.L.C. REGARDING THE PINE FOREST SUBDIVISION UNIT #6. City Manager Mike Talbot stated that pursuant to Council direction staff has been working with Pine Forest Development Group on a construction/development agreement. Mr. Talbot stated an Agreement has been reached and City Attorney J.C. Brown will be reviewing the Agreement with Council. City Attorney J.C. Brown addressed the Council. Ms. Brown stated the Council received a copy of the Construction/Development Agreement in their Agenda packets and she will review some of the high points. Ms. Brown stated staff believes that this Agreement meets the City’s needs as well as the Developer’s needs. Ms. Brown stated that within 90 days after the execution of this Agreement the Developer will provide a Master Drainage Plan to the City. Ms. Brown stated the development will occur in four phases over a period of time. Ms. Brown briefly reviewed each phase. Ms. Brown stated there is one section of the development that remains in question due to some topographical problems and that will be addressed after the Master Drainage Plan is received. Ms. Brown stated that street alignment and construction will also be done in phases. Ms. Brown stated there are two corrections which need to be made to the Agreement: 1) On Page 6 Section 2.10 there is a reference to “Exhibit E” and this should state “Exhibit F”, and instead of the verbiage “until the engineered drawing plans for water, wastewater, utilities, drainage and roadways are submitted pursuant to paragraph 1.2.E. is complete, ….” it should state “when the engineered drawing plans for water, wastewater, utilities, drainage and roadways are submitted to the City and approved by the City Engineer,……”; and 2) Exhibit G should be titled “Parcels Under Contract” and not “Development Parcels”. Mr. Talbot stated he concurred with Ms. Brown’s suggested changes. Mr. Talbot stated Council could approve the Agreement tonight with the changes suggested by Ms. Brown. Mayor Orr asked Mr. Robert Leffingwell, President of Pine Forest Investment Group, L.L.C., if he was in concurrence with this Agreement and Ms. Brown’s suggested changes. Mr. Robert Leffingwell addressed the Council and stated that he was in concurrence with the Agreement and Ms. Brown’s suggested changes. Ken Kesselus moved to approve the Construction/Development Agreement contingent upon the language changes recommended by City Attorney J.C. Brown. Motion was seconded by Kay Garcia McAnally and carried unanimously. 5. WORKSHOP SESSION – THE BASTROP CITY COUNCIL WILL CONVENE INTO A WORKSHOP SESSION TO DISCUSS: A. 2012-2013 BUDGET – A REVIEW AND DISCUSSION WITH THE CITY MANAGER REGARDING FISCAL YEAR 2013 BUDGET FOR THE CITY OF BASTROP. At 7:20 p.m., Mayor Orr convened the Bastrop City Council into a workshop session to discuss: A. 2012-2013 Budget – A review and discussion with the City Manager regarding Fiscal Year 2013 Budget for the City of Bastrop. City Manager, Mike Talbot distributed copies of two letters the Mayor had received regarding requests for funding. Mr. Talbot stated the first letter received was from CAMPO and the City currently funds participation in CAMPO. Mr. Talbot stated Melissa McCollum, Planning and Development Director, is very active in this organization and thinks there is a benefit to the City for the minimum funding of $400. Mayor Orr stated his purpose in asking Mr. Talbot to present this to Council is to give Council an opportunity to decide whether to continue funding these two organizations. Mr. Talbot stated the second letter received was from Envision Central Texas. Mr. Talbot stated as the Council may recall, a couple of years ago the Executive Director and Chair of Envision Central Texas came before the Council and requested the City before a member of Envision Central Texas. Mr. Talbot stated at that time Council chose to become a member. Mr. Talbot stated staff has not been as active as they could have been and has not participated at full capacity because of workload. Mr. Talbot stated Ms. McCollum has asked to be allowed to become more involved. Melissa McCollum, Planning and Development Director, addressed the Council. Ms. McCollum stated both organizations, CAMPO and Envision Central Texas are great organizations. Ms. McCollum stated CAMPO is connected with CAPCOG and CAMPO is the regional agency that deals with transportation. Ms. McCollum stated Envision Central Texas covers a five county area and helps out with regional education on regional planning. Mayor Orr stated there is a third organization requesting funding through membership and that organization is the Clean Air Force. Mr. Talbot stated a representative of the Clean Air Force had given a presentation to the Council last year and the Council had decided to fund the organization last year. Ms. McCollum stated the Clean Air Coalition is part of CAPCOG and the Clean Air Force is an independent group. Discussion was held among Council and Mr. Talbot. It was the consensus of Council that CAMPO and Envision Central Texas funding be included in the Fiscal Year 2012-2013 Budget and if the City receives a request from the Clean Air Coalition Mr. Talbot will bring that request to Council. Mr. Talbot stated the Council had received his budget information at the two previous Budget Workshops, so tonight he was here to address any Council questions. Kay Garcia McAnally stated she was interested in the Council finding money for people who have hard times paying their utility bills. Mr. Talbot stated the Utility Committee will be looking at that. Ken Kesselus asked if any adjustments will be made to the Community Services funding and Hotel Occupancy Tax funding other than what the Council approved at the August 14, 2012 meeting. Mr. Talbot stated the amounts which Council had approved at the August 14, 2012 meeting were the amounts that were going into the Fiscal Year 2012-2013 Budget. Mr. Talbot stated the Council does have another Budget Workshop scheduled for September 4, 2012 and he will coordinate with the Mayor if that meeting will be necessary. It was the consensus of Council to remove the September 4, 2012 Budget Workshop meeting from the Council Meeting Calendar. 6. THE BASTROP CITY COUNCIL WILL ADJOURN WORKSHOP SESSION AND RECONVENE INTO SPECIAL SESSION TO TAKE ANY NECESSARY ACTION(S). At 7:40 p.m., the Bastrop City Council adjourned workshop session and reconvened into special session to take any necessary action(s). No action was taken. 7. EXECUTIVE SESION – THE BASTROP CITY COUNCIL WILL MEET IN A CLOSED/EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, CHAPTER 551.086 (CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS) TO DISCUSS THE FOLLOWING: A. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS – BASTROP POWER AND LIGHT BUDGET 2012-2013. 8. THE BASTROP CITY COUNCIL WILL ADJOURN EXECUTIVE SESSION AND RECONVENE INTO SPECIAL SESSION TO TAKE ANY NECESSARY ACTION(S). No Executive Session was held. 9. ADJOURN At 7:42 p.m., Willie DeLaRosa moved to adjourn. Seconded by Ken Kesselus and carried unanimously. APPROVED: ATTEST: _________________________ ___________________________ Terry Orr, Mayor Teresa Valdez, City Secretary