REGULAR COUNCIL MINUTES MAY14, 2024 MAY 14,2024 The Bastrop City Council met in a regular meeting on Tuesday, May 14, 2024, at 5:30 p.m. at the Bastrop City Hall Council Chambers, located at 1311 Chestnut Street, Bastrop, Texas. Members present were: Mayor Nelson and Mayor Pro Tem Kirkland and Council Members Meyer, Lee, Plunkett, and Crouch. Officers present were: City Manager, Sylvia Carrillo; City Secretary, Ann Franklin; and City Attorney, Alan Bojorquez. CALL TO ORDER CANVASS AND OATH OF OFFICE Mayor Nelson called the Canvass and Oath of Office to order at 5:30 p.m. CANVASS OF ELECTION 2A. Consider action to approve Resolution No. R-2024-57 of the City Council of the City of Bastrop, Texas to canvass the May 4, 2024, Election for Place 2 and Place 4 ofthe Ar motion was made by Council Member Lee to approve Resolution No. R-2024-57, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. Bastrop City Council; and establishing an effective date. Submitted by: Ann Franklin, City Secretary RECOGNITION 3A. Recognition of outgoing Council Member Jimmy Crouch. Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM, City Manager OATH OF OFFICE 4A. Incumbent Council Member Cynthia Sanders Meyer Place 2 Swearing Oath of Office, The Honorable Chris Duggan, State District Judge, District 423 Signature of official documents, Ann Franklin, City Secretary Welcome by Council Comments by Council Member Meyer 4B. Incoming Council Member Kerry Fossler Place 4 Swearing Oath of Office, The Honorable Chris Duggan, State District Judge, District 423 Signature of official documents, Ann Franklin, City Secretary Welcome by Council Comments by Council Member Fossler Page 1 of9 REGULAR COUNCIL MINUTES ELECTION OF MAYOR PRO TEM 5A. Consider action to elect Mayor Pro Tem. Submitted by: Ann Franklin, City Secretary MAY14,2024 A motion was made by Council Member Plunkett to nominate John Kirkland as Mayor Pro Tem, seconded by Council Member Meyer, motion was approved on a5- Ovote. Mayor Nelson recessed the Council Meeting at 5:54 p.m. RECEPTION 6A. Reception to thank outgoing Council Member Crouch. 6B. Reception for Council Member Meyer and Council Member Elect Fossler. Mayor Nelson called the Council Meeting back to order at 6:30 p.m. CALL TO ORDER Mayor Nelson called the regular City Council meeting to order at 6:30 p.m. with a quorum present. Evelyn Trejo and Jasmine Jimenez-Cedillo, Camino Real Elementary Girls Who Code Club PLEDGE OF ALLEGIANCE led the pledges. INVOCATION PRESENTATIONS 10A. Mayor's Report 10B. Council Members' Report Mayor Pro Tem Kirkland, gave the invocation. 10C. A proclamation of the City Council of the City of Bastrop, Texas recognizing May 19- 25, 2024, as Public Works Week. Submitted by: Ann Franklin, City Secretary Proclamation was read into record by City Secretary, Ann Franklin, accepted by staff. STAFF AND BOARD REPORTS 12A. City Manager's Report WORK SESSIONS/BRIEFINGS 11A. Discussion and direction to staff regarding proposed City of Bastrop Charter Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager Amendments for the November 2024 election. Page 2 of9 REGULAR COUNCIL MINUTES Carol Spencer 126 Brazos Drive Cedar Creek, TX Connie Schroeder 238 Laura Bastrop, TX78602 Debbie Moore 1306 Church Street Bastrop, TX 225-802-4702 Discussion was held. MAY14, 2024 Direction was given to staff to create a charter commission created with a minimum of 2 people (city residents) presented by each council member. Council would look at the individuals presented by Council for the charter commission collaboratively before the Mayor makes his decision on who to appoint and Council would confirm the appointments. Staff is to come back on May 28, 2024, with a draft resolution spelling out election date for consideration as well as charter review committee. CITIZEN COMMENTS SPEAKERS Gary Moss 1706 Wilson St. Bastrop, TX 78602 972-523-9727 Pablo Serna 1104 Hill St. Bastrop, TX78602 512-963-0919 Matt Meyers 901 Cripple Creek Dr. Austin, TXX 78758 512-647-9853 Carol Spencer 126 Brazos Drive Cedar Creek, TX APPROVAL OF MINUTES 14A. Consider action to approve City Council minutes from the April 23, 2024, Regular meeting and April 29, 2024, Special meeting. Submitted by: Ann Franklin, City Secretary Page 3 of9 REGULAR COUNCIL MINUTES MAY14, 2024 A motion was made by Council Member Meyer to approve City Council minutes from the April 23, 2024, Regular meeting and April 29, 2024, Special meeting, seconded by Council Member Lee, motion was approved on a 4-0-1 vote. Council Member Fossler recused herself. ITEMS FOR INDIVIDUAL CONSIDERATION 15A. Hold a public hearing and consider action to approve the first reading of Ordinance No. 2024-11 of the City Council of the City of Bastrop, Texas, approving the zoning change for 31.4559 +/- acres out of the A11 Bastrop Town Tract, Bastrop County, Texas, more commonly known as Bastrop Gateway from P2 rural and P5 core to planned development district with P5 core base zoning, as shown in Attachment 2; providing fori findings of fact; providing for repealer; providing for severability; providing for enforcement; providing for proper notice and meeting; and establishing an effective date; and move to include on the May 28, 2024, Consent Agenda for second reading. Submitted by: Kennedy Higgins, Senior Planner, Development Services Department Public hearing was opened. SPEAKERS Jennifer Beck 156 Nunn Ln Cedar Creek, TX 78612 512-845-9152 Stephen Biegel Bastrop Gateway Project 301-404-6290 Pablo Serna 1104 Hill St. Bastrop, TX78602 512-963-0919 Venkatt Mallya 17217 Avion Dr. Dripping Springs 268-470-3670 Jordan Scott 110 Bowstring Bend Bastrop, TX78602 512-284-1856 Chris Kirby 33 Lost Pines Avenue Bastrop, Texas 78602 Carol Spencer 126 Brazos Drive Cedar Creek, TX Page 4 of9 REGULAR COUNCIL MINUTES MAY 14, 2024 lan Watts 13 Lost Pines Avenue Bastrop, TX 78602 512-750-7522 Shannon Day 13 Lost Pines Avenue Bastrop, TX 78602 817-597-0708 Stuart Bridges 12 Lost Pines Avenue Bastrop, TX 78602 John Eberle 20 Lost Pines Avenue Bastrop, TX78602 Brynda Fowler 525 Tahitian Bastrop, TX78602 Jennifer Phelps 16 Lost Pines Avenue Bastrop, TX 78602 512-567-0172 Public hearing was left open. approved on a 5-0 vote. A motion was made by Council Member Meyer to table this item and bring back at the May 28, 2024, meeting, seconded by Mayor Pro Tem Kirkland, motion was Mayor Nelson recessed the Council Meeting at 8:54 p.m. Mayor Nelson called the Council Meeting back to order at 9:01 p.m. 15B. Consider action to approve Resolution No. R-2024-58 of the City Council of the City of Bastrop, Texas, authorizing the City Manager to accept a donation on behalf of the City of Bastrop Police Department in the amount of Two Thousand Five hundred and Sixty Four dollars ($2,564.00) from Project Beloved.org for utilization by the City of Bastrop Police Department's Victims Services division allowing for the aesthetic remodel of the victim interview room, enhancing the space to be more conducive for interviewing victims and family members; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date. Submitted by: Vicky Steffanic, Chief of Police Presentation was made by Vicky Steffanic, Chief of Police. Page 5of9 REGULAR COUNCIL MINUTES MAY14, 2024 Ar motion was made by Council Member Plunkett to approve Resolution No. R-2024- 58, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 15C. Hold a public hearing and consider action to approve the first reading of Ordinance No. 2024-13 of the City Council of the City of Bastrop, Texas, approving the zoning change for 6.218 +/- acres out of the Nancy Blakey Survey, Abstract Number 98, located west of FM 969 within the City of Bastrop, Texas, P3 Residential to P5 Core, as shown in Attachment 2; providing for findings of fact; providing for repealer; providing for severability; providing for enforcement; providing for proper notice and meeting; and establishing an effective date; and move toi include on the May 28, 2024, Submitted by: Kennedy Higgins, Senior Planner, Development Services Department Presentation was made by Kennedy Higgins, Senior Planner, Development Consent Agenda for second reading. Services Department. Public hearing was opened. Public hearing was closed. approved on a 5-0 vote. A motion was made by Council Member Plunkett to approve the first reading of Ordinance No. R-2024-13, seconded by Mayor Pro Tem Kirkland, motion was 15D. Consider Action to approve the first reading of Ordinance No. 2024-14 of the City Council of the City of Bastrop, Texas amending the Code of Ordinances, related to Chapter 3 Building Regulations, Article 3.17 Flood Damage Prevention as attached in Exhibit. A; and providing for findings oft fact, repealer, severability, codification, effective date, proper notice, and meeting and move to include on the June 11, 2024, Consent Agenda for the second reading. Submitted by: Elizabeth Wick, Project Manager This item was pulled from the agenda. 15E. Consider action to approve Resolution No. R-2024-06 of the City Council of the City of Bastrop, Texas authorizing a license to encroach agreement with Zavodny Food Court to encroach into the Public Utility Easement to place mobile food trailers closer to Cedar Street, as attached in Exhibit B of the License Agreement; authorizing the City Manager to execute necessary documents; providing for a repealing clause; and Submitted by: Kennedy Higgins, Senior Planner, Development Services Department Presentation was made by Kennedy Higgins, Senior Planner, Development A motion was made by Council Member Meyer to approve Resolution No. R-2024- 06, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 15F. Consider action to approve Resolution No. 2024-54 of the City Council of the City of Bastrop, Texas expressing official intent to reimburse certain expenditures attached as Exhibit A; providing a severability clause; and providing for an effective date. establishing an effective date. Services Department. Submitted by Edi Mcliwain, Chief Financial Officer This item was pulled from the agenda. Page 6 of9 REGULAR COUNCIL MINUTES MAY14,2024 15G. Consider action to approve the first reading of Ordinance No. 2024-15 of the City Council of the City of Bastrop, Texas, amending the Bastrop Economic Development Budget for the Fiscal Year 2024 in accordance with existing statutory requirements; appropriating the various amounts herein, as attached in Exhibit A; repealing all prior ordinances an actions in conflict herewith; and establishing for an effective date; and move to include on the May 28, 2024, on the Consent agenda for second reading. Presentation was made by Edi Mcllwain, Chief Financial Officer. Submitted by: Edi Mcllwain, Chief Financial Officer A motion was made by Council Member Fossler to approve the first reading of Ordinance No. R-2024-15, seconded by Council Member Lee, motion was approved 15H. Consider action to approve Resolution No. R-2024-55 of the City Council of the City of Bastrop, Texas confirming appointments by the Mayor of Joshua Bingaman tol Place 7, of the Planning and Zoning Commission as required in Section 3.08 of the City's Ar motion was made by Council Member Lee to approve Resolution No. R-2024-55, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 151. Consider action to approve Resolution No. R-2024-53 of the City Council of the City of Bastrop, Texas confirming appointments by the Mayor of Keith Ahlborn to Place 3, of the Planning and Zoning Commission as required in Section 3.08 of the City's Ar motion was made by Council Member Meyer to approve Resolution No. R-2024- 53, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 15J. Consider action to approve Resolution No. R-2024-52 of the City Council of the City of Bastrop, Texas confirming appointments by the Mayor of Nathanael Gold to Place 7,oft the Parks Board as required in Section 3.08 of the City's Charter; and establishing A motion was made by Council Member Plunkett to approve Resolution No. R-2024- 52, seconded by Mayor Pro Tem Kirkland, motion was approved on a 5-0 vote. 15K. Consider action to approve Resolution No. R-2024-51 of the City Council of the City of Bastrop, Texas, accepting a donation from the Lost Pines Art League in the amount of Fifty Thousand and 00/100 Dollars ($50,000) for the creation of a sculpture within the boundaries of the Cultural Arts Commission District Project approved area; authorizing the City Manager to Execute all necessary documents; providing for a Presentation was made by Kathy Danielson, Community Engagement Director. A motion was made by Mayor Pro Tem Kirkland to approve Resolution No. R-2024- 51, seconded by Council Member Meyer, motion was approved on a 5-0 vote. 15L. Consider action to approve Resolution No. R-2024-56, approving expenditure of City funds for Mayor Lyle Nelson to attend an event, function, and/or convention; providing on a 5-0 vote. Charter; and establishing an effective date. Submitted by: Lyle Nelson, Mayor Charter; and establishing an effective date. Submitted by: Lyle Nelson, Mayor an effective date. Submitted by: Lyle Nelson, Mayor repealing clause; and establishing an effective date. Submitted by: Kathy Danielson, Community Engagement Director Page 7 of9 REGULAR COUNCIL MINUTES MAY14, 2024 for execution of all necessary documents; providing for repealer; providing for Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM. City Manager Ar motion was made by Council Member Lee to approve Resolution No. R-2024-56, seconded by Council Member Fossler, motion was approved on a 5-0 vote. severability; and providing an effective date. EXECUTIVE SESSION The City Council met at 9:26 p.m. in a closed/executive session pursuant to the Texas 16A. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071, 551.072, and 551.087 to seek the advice of legal 16B. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 to seek the advice of legal counsel regarding the Master Agreement for the Transfer of Retail Water Certificate of Convenience and Necessity Service Area from Aqua Water Supply Corporation to the City of Bastrop 16C. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.072 to seek the advice of legal counsel regarding acquisitions of real estate related to the Wastewater Treatment Plant No. 3 Project and pending litigation in the following eminent domain proceedings pending in the Bastrop County Court at Law: Case No. 20-20294, City of Bastrop V. William A. & Sally Griesenbeck; Case No. 20-20295, City of Bastrop V. William J. & Tanya Griesenbeck; Case No. 20-20282, City of Bastrop V. Melissa Lee Griesenbeck Schuelke; and Case No. 20-20283, City of Bastrop V. JoAnn Griesenbeck Cantrell & TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR Government Code, Chapter 551, et seq, to discuss the following: counsel regarding the potential development of a Sports Complex. and consideration of compensation for certain service areas. William Cantrell. CONSIDERATION IN CLOSEDIEXECUTIVE SESSION. 16C. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.072 to seek the advice of legal counsel regarding acquisitions of real estate related to the Wastewater Treatment Plant No. 3 Project and pending litigation in the following eminent domain proceedings pending in the Bastrop County Court at Law: Case No. 20-20294, City of Bastrop V. William A. & Sally Griesenbeck; Case No. 20-20295, City of Bastrop V. William J. & Tanya Griesenbeck; Case No. 20-20282, City of Bastrop V. Melissa Lee Griesenbeck Schuelke; and Case No. 20-20283, City of Bastrop V. JoAnn Griesenbeck Cantrell & A motion was made by Council Member Plunkett to authorize the City Manager, in consultation with the City Attorney's Office, to execute settlement agreements and all necessary documents to resolve the four cases and acquire the real property interests needed for the project for the total settlement values agreed upon in mediation, seconded by Council Member Lee, motion was approved on a 5-0 vote. William Cantrell. Adjourned at 10:00 p.m. without objection. Page 8 of9 REGULAR COUNCIL MINUTES MAY14, 2024 APPROVED: Mayor Lyle Nelson ATTEST: Ama-cai City Secretary Franklin Ann ZA The Minutes were approved on May 28, 2024, by Council Member Lee's motion, Council Member Plunkett's second. The motion was approved on a 5-0 vote. Page 9 of9