REGULAR COUNCIL MINUTES MAY2 28, 2024 MAY28,2024 The Bastrop City Council met in a regular meeting on Tuesday, May 28, 2024, at 6:30 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, Fossler, and Plunkett. Officers present were: City Manager, Sylvia Carrillo; City Secretary, Ann Mayor Nelson called the regular City Council meeting to order at 6:30 p.m. with a quorum present. Max Lassen and Edwin Dimas-Cortez, Colorado River Collegiate Academy led the pledges. Franklin; and City Attorney, Alan Bojorquez. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS 4A. Mayor's Report 4B. Council Members' Report 4C. City Manager's Report Dale Burke, Police Chaplain, gave the invocation. 4D. A proclamation of the City Council of the City of Bastrop, Texas recognizing June Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM, City Manager 2024, as Pride Month. City Manager. Proclamation was read into record by Sylvia Carrillo-Trevino, ICMA-CM, CPM, WORK SESSIONSIBRIEFINGS - NONE STAFF AND BOARD REPORTS 6A. Receive presentation on the unaudited Monthly Financial Report for the period ending March 31, 2024. Submitted by: Edi Mcllwain, Chief Financial Officer Presentation was made by Edi Mcilwain, Chief Financial Officer. 6B. Receive presentation on the unaudited Monthly Financial Report for the period ending April 30, 2024. Submitted by: Edi Mcllwain, Chief Financial Officer Presentation was made by Edi Mcllwain, Chief Financial Officer. CITIZEN COMMENTS SPEAKERS Janette Watson 343 Leisure Page 1 of7 REGULAR COUNCIL MINUTES Cedar Creek, TX 78612 Mark' Whiting 614 Cottletown Rd. UnitB Smithville, TX 78957 512-809-2869 Georgeann Shockley 630 E Riverside Dr. Bastrop, TX78602 512-789-1119 Carol Spencer 126 Brazos Drive Cedar Creek, TX CONSENT AGENDA MAY 28, 2024 Ar motion was made by Council Member Lee to approve Items 8A, 8B, 8C, and 8D as listed on the Consent Agenda after being read into the record by City Secretary Ann Franklin. Seconded by Council Member Plunkett I motion was approved on a 5-0 vote. 8A. Consider action to approve City Council minutes from the May 14, 2024, Regular meeting. Submitted by: Ann Franklin, City Secretary 8B. Consider action to approve the second reading of Ordinance No. 2024-15 of the City Council of the City of Bastrop, Texas, amending the 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 and actions in conflict herewith; and establishing an effective date. Submitted by: Edi Mcllwain, Chief Financial Officer 8C. Consider action to approve the second reading of Ordinance No. 2024-12 of the City Council of the City of Bastrop, Texas, disannexing from the City limits, for full purposes, land being approximately 312.61 acres, known as Bastrop Colorado Bend, Phase 1, out of the Stephen F. Austin Survey, Abstract No. 2, in Bastrop County, Texas; located west ofLovers Lane and southeast oft the Colorado River. Submitted by: Andres Rosales, Assistant City Manager 8D. Consider action to approve the second 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 Submitted by: Kennedy Higgins, Senior Planner, Development Services Department date. Page 2 of7 REGULAR COUNCIL MINUTES ITEMS FOR INDIVIDUAL CONSIDERATION MAY2 28, 2024 9A. Hold public hearing and consider action to approve the first reading of Ordinance No. 2024-11 oft the City Council of the City of Bastrop, Texas, approving the zoning change for3 31.4559 +/- acres out oft 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 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 to include on the June 11, 2024, consent agenda. Submitted by: Kennedy Higgins, Senior Planner, Development Services Presentation was made by Kennedy Higgins, Senior Planner, Development Services. Public hearing opened. SPEAKERS Brynda Fowler 525 Tahitian Dr. Bastrop, TX 78602 512-567-9256 Chris Kirby 33 Lost Pines Avenue Bastrop, TX 512-589-1777 lan Wats 13 Lost Pines Bastrop, TX 512-750-7522 Joe Grady Tuck 1503 Wilson Bastrop, TX 512-925-2702 Shannon Day 13 Lost Pines Bastrop, TX 817-597-0708 Pablo Serna 1104 Hill Street Bastrop, TX 512-963-0919 Judah Ross 213 Nichole Way Bastrop, TX Page 3 of7 REGULAR COUNCIL MINUTES MAY28, 2024 Cecilia Serna 1104 Hill Street Bastrop, TX 512-596-9984 John Ebert 20 Lost Pine Bastrop, TX 78602 Glen Senate 240 Reids Bend Rd Bastrop, TX 78602 512-329-9255 Stewart Bridges 12 Lost Pines Bastrop, TX Debbie Moore 1306 Church Street Bastrop, TX Public hearing closed. A petition of protest was received from three property owners equaling 5.14 acres, the total area within the 200 acres rule is 43.13 acres equaling 11.9%. The petition A motion was made by Council Member Meyer to deny the rezoning, seconded by Council MemberLee, motion was approved on a 4-1 vote. Council Member Plunkett did not meet the 20% super majority. voted nay. Mayor Nelson recessed the Council Meeting at 9:21 p.m. Mayor Nelson called the Council Meeting back to order at 9:30 p.m. 9B. 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 fori 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 Presentation was made by Elizabeth Wick, Project Manager. An motion was made by Mayor Pro Tem Kirkland to approve the first reading of Ordinance No. 2024-14 with additional language from legal that says the four-year lookback period will only include the time the current owner owns the house, and to include on the June 11, 2024, consent agenda for second reading, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. Page 4 of7 REGULAR COUNCIL MINUTES MAY: 28, 2024 9C. Consider action to approve Resolution No. R-2024-59 of the City Council of the City of Bastrop, Texas, to ratify the emergency procurement from Weisinger Incorporated, in the amount of Sixty-Eight Thousand Eight Hundred and Ninety-Seven Dollars and 00/100 ($68,897.00) for materials and labor to repair Well H; providing for severability; Presentation was made by Curtis Hancock, Director of Water & Wastewater. A motion was made by Council Member Meyer to approve Resolution No. R-2024- 59, seconded by Council Member Lee, motion was approved on a 5-0 vote. 9D. Consider Action to approve the first reading of Ordinance No. 2024-17 of the City Council of the City of Bastrop, Texas amending the Code of Ordinances, related to Chapter 12 Titled "Traffic and Vehicles," Article 12.05 Titled "Speed Limits," adding Section 12.05.009 titled "SH 304 speed limits." Zoning for traffic and rate of speed therein, on SH: 304 in the city limits of the City of Bastrop; defining speeding and fixing a penalty therefore; declaring what may be a sufficient complaint in prosecutions hereunder; repealing all prior ordinances that are in conflict herewith; and providing for findings of fact, enactment, codification, effective date, repealer, severability, proper notice and meeting as shown in Exhibit A, and move to include on the. June 11, Submitted by: Kennedy Higgins, Senior Planner, Development Services Department Presentation was made by Kennedy Higgins, Senior Planner, Development An motion was made by Council Member Plunkett to approve the first reading of Ordinance No. 2024-17, and to include on the June 11, 2024, consent agenda for second reading, seconded by Council Member Meyer, motion was approved on a 5- 9E. Consider action to approve Resolution No. R-2024-60 of the City Council of the City of Bastrop, Texas, approving and authorizing a proposal from Aqua-Metric Sales Company, for Sixty-Seven Thousand Five Hundred Thirty-Five Dollars and 99/100 ($67,535.99) as a sole source provider for Sensus products and services; providing for execution of all necessary documents; providing for repealer; providing for Presentation was made by Curtis Hancock, Director of Water & Wastewater. An motion was made by Council Member Lee to approve Resolution No. R-2024-60, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. 9F. Consider action to approve Resolution No. R-2024-61 regarding a petition filed by Christopher Humphreys to remove approximately 5.100 acres of land, as described in the petition, from the City of Bastrop's extraterritorial jurisdiction pursuant to Local Presentation was made by Sylvia Carrilo-Trevino, ICMA-CM, CPM. A motion was made by Council Member Lee to approve Resolution No. R-2024-61, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. providing for repeal; and providing an effective date. Submitted by: Curtis Hancock, Director ofWater & Wastewater 2024 Consent Agenda for the second reading. Services Department. Ovote. severability; and providing an effective date. Submitted by: Curtis Hancock, Director of Water & Wastewater Government Code Chapter 42. Submitted by: Sylvia Carrilo-Trevino, City Manager Page 5of7 REGULAR COUNCIL MINUTES MAY28, 2024 9G. Consider action to approve Resolution No. 2024-64 to create a Charter Review Committee, with 2 appointments by each council member, to bring back recommendations to the City Council for a Charter Election to be held in May 2025. Presentation was made by Sylvia Carrillo-Trevino, ICMA-CM, CPM. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM Ar motion was made by Council Member Plunkett to approve Resolution No. 2024- 64 to appoint the following 9 members to the Charter Review Committee with an amendment to Section 3 to replace twelve members with 9, seconded by Council Member Lee, motion failed on a 2-3 vote. Those voting aye were: Council Members Lee and Fossler. Those voting nay were: Mayor Pro Tem Kirkland and Council Members Meyer and Plunkett. APPOINTEES David Bragg Jimmy Crouch Alex Hensley Bernie Jackson Dock Jackson Ken Kesselus Connie Schroeder Debbie Moore Robbin Pyson A motion was made by Council Member Meyer to approve Resolution No. R-2024- 64 with a commission of twelve nominees which 9 names were listed in the packet and David Bragg and Bernie Jackson submitted by the Mayor. The motion died for A motion was made by Council Member Fossler to approve Resolution No. R-2024- 64 with a number of twelve members without specified names, seconded by Council Member Lee, motion failed on a vote of 2-3. Those voting aye were: Council Members Lee and Fossler. Those voting nay were: Mayor Pro Tem Kirkland and An motion was made by Council Member Meyert to table this item, seconded by Mayor Pro Tem Kirkland, motion was approved on a 4-1 vote. Those voting aye were: Mayor Pro Tem Kirkland and Council Members Lee, Meyer, and Plunkett. Council 9H. Consider action. to. approve. Resolution. No. R-2024-54. expressing. official. intent. to. reimburse certain expenditures of the City of Bastrop, Texas to pay costs related to (1)constructing, improving, extending, and equipping the City's water and wastewater system, and (2) paying professional services in connection therewith including legal, lack of a second. Council Members Meyer and Plunkett. Member Fossler voted nay. fiscal, consulting, engineering fees and other related costs Submitted by: Edi Mcliwain, Chief Financial Officer Presentation was made by Edi Mcllwain, Chief Financial Officer. A motion was made by Council Member Plunkett to approve Resolution No. R-2024- 54 amending section 1 to change $14,000,000 to $36,845,000, seconded by Council Member Fossler, motion was approved on a 5-0 vote. Page 6 of7 REGULAR COUNCIL MINUTES MAY28, 2024 91. Consider action to approve. Resolution No. R-2024-63 of the City Council of the City of Bastrop, Texas, authorizing the closure of the submission period for the Request for Qualifications for Indefinite Delivery Indefinite Quantity for Engineering Services; authorizing the City Manager to proceed with the evaluation of the submittals and negotiations with the qualified respondents; providing for a repealing clause; and Presentation was made by Andres Rosales, Assistant City Manager. A motion was made by Mayor Pro Tem Kirkland to approve Resolution No. R-2024- 63, seconded by Council Member Meyer, motion was approved on a 5-0 vote. establishing an effective date. Submitted by: Andres Rosales, Assistant City Manager EXECUTIVE SESSION The City Council met at 10:51 p.m. in a closedlexecutive session pursuant to the Texas 10A. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 and .087 to seek the advice of legal counsel regarding the contribution of Hotel Occupancy Tax Funds to fund renovations and 10B. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 to seek the advice of legal counsel regarding a potential request for a petition to create Bastrop County Emergency Services District 10C. 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 Government Code, Chapter 551, et seq, to discuss the following: updates to the Bastrop County Museum & Visitor Center. No. 3. and consideration of compensation for certain service areas. Mayor Nelson recessed the Executive Session at 11:26 p.m. CONSIDERATION IN CLOSEDIEXECUTIVE SESSION. Adjourned at 11:26 p.m. without objection. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR No action taken. APPROVED: EA ATTEST: Aasaaoe City Secretary Ann Franklin The Minutes were approved on June 11, 2024, by Council Member Lee's motion, Council Member Fossler's second. The motion was approved on a 5-0 vote. Page 7 of7