REGULAR COUNCIL MINUTES JUNE 25, 2024 JUNE25,2024 The Bastrop City Council met in a regular meeting on Tuesday, June 25, 2024, at 6:30 p.m. at the Bastrop City Hall Council Chambers, located at 1311 Chestnut Street, Bastrop, Texas. Members present were: Mayor Nelsonand! Mayor Pro Tem Kirkland and Council Members Meyer, Lee, Fossler, and Plunkett. Officers present were: City Manager, Sylvia Carrillo; City Secretary, Ann Franklin; and City Attorney, Alan Bojorquez. CALL TO ORDER Mayor Nelson called the regular City Council meeting to order at 6:30 p.m. with a quorum present. Haylee Gallegos and Jionni Moore, Parks & Recreation Discovery Days Participant led the PLEDGE OF ALLEGIANCE pledges. INVOCATION PRESENTATIONS 4A. Mayor's Report 4B. Council Members' Report 4C. City Manager's Report Lauren Hansell, Police Chaplain, gave the invocation. 4D. A proclamation of the City Council of the City of Bastrop, Texas recognizing the month of. July as National Parks and Recreation Month. Submitted by: Terry Moore, Parks and Recreation Director by members of the Parks Department. WORK SESSIONSIBRIEFNGS -N NONE Proclamation was read into record by Ann Franklin, City Secretary and accepted 5B. Presentation regarding a petition to create Bastrop County Emergency Services Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM, City Manager and Preston McGrew, Bastrop County First Responders. proposed amendments to be brought back at a future meeting. Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM, City Manager District No. 3. Presentation was given by Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager 5A. Review Rules of Procedure of the City Council of the City of Bastrop Texas, and any Presentation was given by Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager. Page 1 of7 REGULAR COUNCIL MINUTES EXECUTIVE SESSION JUNE: 25, 2024 The City Council met at 7:26 p.m. in a closed/executive session pursuant to the Texas 10A. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 and 551.072 to seek the advice of legal counsel regarding a potential long-term lease to the African American Cultural Center. Sponsored by Councimember Myer and Mayor Pro-Tem Kirkland Government Code, Chapter 551, et seq, to discuss the following: Mayor Nelson recessed the Executive Session at 8:00 p.m. CONSIDERATION IN CLOSED'EXECUTIVE SESSION. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR 10A. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 and 551.072 to seek the advice of legal counsel regarding a potential long-term lease to the African American Cultural Center. Sponsored by Councilmember Myer and Mayor Pro-Tem Kirkland A motion was made by Council Member Meyer to give direction to staff to negotiate and execute a letter of intent with the Bastrop County African American Cultural Center and Museum, seconded by Council Member Lee, motion was approved on a 5-0 vote. STAFF AND BOARD REPORTS - NONE CITIZEN COMMENTS SPEAKERS Desiree Venable 120 Meadowood Drive Bastrop, TX78602 Stewart Bridges 12 Lost Pines Avenue Bastrop, TX 78602 David Harwell 113 Waialee Ct. Bastrop, TX 78602 202-744-0790 APPROVAL OF MINUTES 8A. Consider action to approve City Council minutes from the June 11, 2024, Regular meeting. Submitted by: Ann Franklin, City Secretary was approved on a 5-0 vote. A motion was made by Council Member Lee to approve City Council minutes from the June 11, 2024, regular meeting, seconded by Council Member Fossler, motion Page 2 of7 REGULAR COUNCIL MINUTES DISCUSSION ITEM JUNE: 25, 2024 8B. Consider action to approve the second reading of Ordinance No. 2024-18 approving the creation of a Charter Review Commission; appointing initial commissioners; providing for severability; providing for repeal; and providing an effective date. Submitted by: Sylvia Carillo-Trevino, ICMA-CM, CPM, City Manager Ar motion was made by Mayor Pro Tem Kirkland to approve Resolution No. R-2024- 18 with addition of a consensus voting model that represents 75% super majority An amendment to the main motion was made by Council Member Meyer to include in the motion the Charter Review Commission will follow the Open Meetings Act, the amendment was accepted by the maker and second of the motion. A motion was made by Mayor Pro Tem Kirkland to approve Resolution No. R-2024- 18 with addition of a consensus voting model that represents 75% super majority fort the body to recommend items to Council and the amendmenttot the motion made by Council Member Meyer, seconded by Council Member Plunkett, motion was approved on a 3-2 vote. Those voting aye were: Mayor Pro Tem Kirkland and Council Members Meyer and Plunkett. Those voting nay were: Council Members for the body to recommend items to Council. Lee and Fossler. EXECUTIVE SESSION CONTINUED The City Council met at 8:28 p.m. in a closed/executive session pursuant to the Texas 10B. City Council shall convene into closed executive session pursuant to Texas Government Code Section 551.071 to seek the advice of legal counsel and possible action regarding a potential request for a petition to create Bastrop County Emergency Government Code, Chapter 551, et seq, to discuss the following: Services District No. 3. Mayor Nelson recessed the Executive Session at 8:51 p.m. CONSIDERATION IN CLOSEDIEXECUTIVE SESSION. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR 10B. City Council shall convene into closed executive session pursuant to Texas Government Code Section 551.071 to seek the advice of legal counsel and possible action regarding a potential request for a petition to create Bastrop County Emergency Ar motion was made by Mayor Pro Tem Kirkland directing the City Attorney to draft aresolution in support of creating ESD #3 and the City Manager to have a public hearing at the July 9, 2024, meeting, seconded by Council Member Lee, motion was Services District No. 3. approved on a 5-0 vote. ITEMS FOR INDIVIDUAL CONSIDERATION 9A. Consider action to approve Resolution No. R-2024-72 of the City Council of the City of Bastrop, Texas, accepting a donation from HEB in support of and as sponsorship Page 3 of7 REGULAR COUNCIL MINUTES JUNE: 25,2024 of the BIG BANG special event fireworks display at Fisherman's Park, in the amount Presentation was made by Terry Moore, Parks and Recreation Director. A motion was made by Council Member Plunkett to approve Resolution No. R-2024- 72, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 9B. Consider Action to approve the first reading of Ordinance No. 2024-19 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," amending section 12.05.007 titled "SH 21 speed limits." zoning for traffic and rate of speed therein, on SH21 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 fori findings offact, enactment, codification, effective date, repealer severability, proper notice and meeting as shown in Exhibit A, and move to include on the July 9, 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 the first reading of Ordinance No. 2024-19 and move toi include on the July 9, 2024, consent agenda for second reading, seconded by Council Member Lee, motion was approved on a 5-0 9C. Consider action to approve Resolution No. R-2024-71 of the City Council of the City of Bastrop, Texas authorizing a license to encroach agreement with Aqua Water Supply Corp. clo Dacy Cameron, GM to encroach into the Public Utility Easement to facilitate expansion of Aqua WSC facilities, as attached in Exhibit B of the License Agreement; authorizing the City Manager to execute necessary documents; providing Submitted by: Kennedy Higgins, Senior Planner, Development Services Department Presentation was made by Kennedy Higgins, Senior Planner, Development A motion was made by Mayor Pro Tem Kirkland to approve Resolution No. R-2024- 71, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. 9D. Consider action to approve Resolution No. R-2024-74 regarding a petition filed by. JMA Entity to remove Tract 1: 2.333-acre tract, lot and Tract 2: 5.292-acre tract or parcel of land, as described in the petition, from the City of Bastrop's extraterritorial jurisdiction pursuant to Local Government Code Chapter 42. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager Presentation was made by Sylvia Carrilo-Trevino, ICMA-CM, CPM, City A motion was made by Council Member Meyer to deny the resolution regarding a petition filed by JMA Entity to remove Tract 1 and Tract 2, seconded by Council Member Plunkett, motion was approved on a 3-2 vote. Those voting aye: Mayor Pro of Three Thousand dollars ($3,000.00). Submitted by: Terry Moore, Parks and Recreation Director 2024, Consent Agenda for second reading. Services Department. vote. for a repealing clause; and establishing an effective date. Services Department. Manager. Page 4 of7 REGULAR COUNCIL MINUTES JUNE: 25, 2024 Tem Kirkland and Council Members Meyer and Plunkett. Those voting nay: Council 9E. Consider Action to approve the first reading of Ordinance No. 2024-20 of the City Council of the City of Bastrop, Texas adopting certain restrictions on the participation of registered sex offenders in programs or events, involving minors and certain restrictions on where registered sex offenders may go or reside, within a specified distance of premises where children commonly gather. As attached in Exhibit A; and providing for findings of fact, repealer, severability, codification, effective date, proper notice, and meeting and move toi include on the July 9, 2024, Consent Agenda for the Members Lee and Fossler. second reading. Submitted by: Vicky Steffanic, Chief of Police Presentation was made by Vicky Steffanic, Chief of Police. A motion was made by Council Member Meyer to approve the first reading of Ordinance No. 2024-20 and move to include on July 9, 2024, consent agenda for second reading, seconded by Council Member Fossler, motion was approved on a 9F. Consider action to approve the second reading of Resolution No. R-2024-69 of the City Council of the City of Bastrop, Texas amending a contract for the update to the 2016 Comprehensive Plan to Halff Associates, Inc to increase the contract price by an amount not to exceed Forty Thousand, Two Hundred Eighty Dollars ($40,280.00) hereby attached as Exhibit A; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager Presentation was made by Sylvia Carrllo-Trevino, ICMA-CM, CPM, City Ar motion was made by Council Member Plunkett to approve the second reading of Resolution No. R-2024-69, seconded by Mayor Pro Tem Kirkland, motion was 9G. Consider action to approve Resolution No. R-2024-78 proposal from Terra Pave International, a University ofTexas Technology Commercialized Company for $59,841 as a sole source provider for a fog seal street sealant known as Terra Cool. Submitted by: Sylvia Carrilo-Trevino, ICMA-CM, CPM, City Manager Presentation was made by Sylvia Carrillo-Trevino, ICMA-CM, CPM, City A motion was made by Council Member Meyer to approve Resolution No. R-2024- 78, seconded by Mayor Pro Tem Kirkland, motion was approved on a 5-0 vote. 5-0 vote. Manager. approved on a 5-0 vote. Manager. 9H. Consider action to approve Resolution R-2024-76 of the City Council of the City of Bastrop, Texas, authorizing the City Manager to award the Request for Qualifications Page 5of7 REGULAR COUNCIL MINUTES JUNE: 25,2024 (RFQ) for Indefinite Delivery Indefinite Quantity (IDIQ) for Engineering Services to 18 firms as shown in Exhibit A; authorizing the City Manager to negotiate and execute all necessary documents with selected firms; providing for a repealing clause; and Presentation was made by Andres Rosales, Assistant City Manager. An motion was made by Council Member Plunkett to approve Resolution No. R-2024- 76, seconded by Council Member Meyer, motion was approved on a 5-0 vote. 91. Consider action to approve Resolution No. R-2024-75 of the City of Bastrop, Texas, directing staff to prepare a service plan for providing extension of full municipal services to R30094 being 10.559 acres of land out of the Nancy Blakey Survey Abstract No.A98, located north of SH 71 W and west of FM 969, and approximately 1,893 feet of FM 969 right-of-way located north of SH71 Wand south of Capps Lane, and approximately 10,145 feet of SH 304 right-of-way located south of SH7 71Wand north of Lower Red Rock Road/Trigg Road, and approximately 1,942 feet of FM20 right-of-way located south of SH 71 W and north of Shiloh Road to be annexed, as attached in Exhibit A; authorizing the City Manager to execute necessary documents; providing for a repealing clause; and establishing an effective date. Submitted by: Andres Rosales, Assistant City Manager Presentation was made by Andres Rosales, Assistant City Manager. Amotion was made by Council Member Plunkett to approve Resolution No. R-2024- 75, seconded by Council Member Meyer, motion was approved on a 5-0 vote. 9J. Consider action to approve Resolution No. R-2024-77 of the City Council of the City of Bastrop, Texas appointing Council Member Kerry Fossler as the City's liaison to the Bastrop County Public Health Department Task Force, as authorized by Section 3.01 A motion was made by Council Member Plunkett to approve Resolution No. R-2024- 77 appointing Council Member Kerry Fossler as a member of the Bastrop County Public Health Department Task Force, seconded by Council Member Meyer, motion establishing an effective date. Submitted by: Andres Rosales, Assistant City Manager of the City's Charter, and establishing an effective date. Submitted by: Mayor Lyle Nelson was approved on a 5-0 vote. EXECUTIVE SESSION CONTINUED The City Council met at 10:26 p.m. in a closed/executive session pursuant to the Texas 10C. 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 10D. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.087 to seek the advice of legal counsel regarding potential economic development incentives related to the Bastrop Food Government Code, Chapter 551, et seq, to discuss the following: updates to the Bastrop Opera House. Pantry. Page 60 of7 REGULAR COUNCIL MINUTES JUNE2 25, 2024 10E. City Council shall convene into closed executive session pursuant to Government Code Sections 551.071 and 551.087 to seek the advice of legal counsel regarding a proposed 380 Agreement and proposed amendments to a development agreement related to the Valverde development. Mayor Nelson recessed the Executive Session at 11:07 p.m. CONSIDERATION IN CLOSEDIEXECUTIVE SESSION. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR 10C. 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 Ar motion was made by Council Member Plunkett to direct staff and City Attorney to negotiate an agreement to consider contribution of Hotel Occupancy Tax Funds to fund historical restoration and renovations to the Bastrop Opera House mutually agreeable to all parties, seconded by Mayor Pro Tem Kirkland, motion was 10D. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.087 to seek the advice of legal counsel regarding potential economic development incentives related to the Bastrop Food Ar motion was made by Council Member Lee to direct staff to come back to Council with an outline of an economic development incentive for the Bastrop Food Pantry, seconded by Council Member Fossler, motion was approved on a 5-0 vote. 10E. City Council shall convene into closed executive session pursuant to Government Code Sections 551.071 and 551.087 to seek the advice of legal counsel regarding a proposed 380 Agreement and proposed amendments to a development agreement A motion was made by Council Member Fossler to approve a letter of intent with CC Carlton Construction of offsite wastewater line for the Val Verde development, seconded by Council Member Plunkett, motion was approved on a 5-0 vote. updates to the Bastrop Opera House. approved on a 5-0 vote. Pantry. related to the Valverde development. Adjourned at 11:10 p.m. without objection. APPROVED: Mayor Lyle Nelson ATTEST: City'Secretary Ann Franklin A The Minutes were approved on July 9, 2024, by Council Member Lee's motion, Council Member Plunkett's second. The motion was approved on a 5-0 vote. Page 7 of7