169 STATE OF TEXAS COUNTY OF BURNET CITY OF MARBLE FALLS On this the 20th day of August 2024, the City Council convened in regular session at 6:00 pm in the City Hall Council Chambers located at 800 Third Street, Marble Falls, with notice of meeting giving time, place, date, and subject having been posted as described in Chapter 551 of the Texas Government Code. PRESENT: Dave Rhodes Craig Magerkurth Karlee Cauble Lauren Haltom Griff Morris Bryan Walker Richard Westerman None Mike Hodge Caleb Kraenzel Russell Sander Christina McDonald Josh Brockman-Weber Jeff Lazenby Erin Burks Lacey Dingman Angel Alvarado James Kennedy Kim Foutz Christian Fletcher Trisha Ratliff Tommy Crane Coy Guenter Kayla Gostnell Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember ABSENT: STAFF: City Manager Deputy City Manager Assistant City Manager City Secretary City Attorney Director of Finance Downtown and Marketing Manager Parks and Recreation Department Director Human Resources Director Director of Public Works Director of Development Services EDC Executive Director Assistant Police Chief Fire Chief Assistant Fire Chief Tourism Manager VISITORS: Raymond Whelan (The Highlander), Dakota Morrissey (Daily Trib), Claude Harding (Parks and Recreation Commission Chair), Bailey Sutherland, Mark McLiney and Jack McLiney (Financial Advisors-SAMCO), Gregory Miller (Attorney-B Bickerstaff), Sara Labashosky (Attorney - Bickerstaff), Brian Shoemaker (169 Slenderleaf Drive), Mark Bohlmann (520 Bendito Way), Eric Sims (Huber), Ron LeVick (410 Cielo Circle), Randy Kruger (415 Cielo Circle), Scott Savely (123 Slenderleaf Drive), Tony Peal (912 La Ventana), Jon Snyder (P3Works), Eris Simms (Huber) August 20, 2024 Meeting Page 1of5 170 1. CALL TO ORDER AND ANNOUNCE QUORUM IS PRESENT Mayor Rhodes called the meeting to order at 6:00 pm and announced the presence of a quorum. 2. INVOCATION. Mayor Rhodes gave thei invocation. 3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AND TO THE TEXAS FLAG. Councilmember Walker led the pledges. 4. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS Recognition of Employee of the Quarter. The item was moved to the September 3 Update from the Marble Falls Convention and Visitors Bureau. Kayla Gostnell, Proclamation = Tourism Friendly Community. Mayor Rhodes proclaimed Marble meeting agenda. Tourism Manager provided the update. Falls a Tourism Friendly Community. 5. CITIZEN COMMENTS. There were no citizen comments. 6. CONSENT AGENDA. (a) Approve the minutes of the August 6, 2024 regular meeting. (b) Approval of an Interlocal Agreement between Burnet County and the City of Marble Falls for county manpower and equipment to apply seal coating to City owned streets. (c) Approval of Resolution 2024-R-08H adopting the five-year Capital Improvement (CIP) (d) Approval of Amendment No. 2 to the Interlocal Agreement between the Marble Falls Independent School District and the City of Marble Falls for the purpose of adding one School Resource Officer (SRO) for Highland Lakes Elementary Campus. (e) Approval of Resolution 2024-R-081 approving and Authorizing the Thunder Rock Public Improvement District Improvement Area #2A Construction, Funding and Acquisition (f) Approval of Resolution 2024-R-08J approving and Authorizing the Thunder Rock Public Improvement District Remainder Area Construction, Funding and Acquisition Mayor Pro-Tem Magerkurth moved to approve the consent agenda. Councilmember Haltom seconded the motion. The consent agenda was approved by a unanimous vote Plan for the fiscal year beginning October 1, 2024. Agreement. Agreement. (7-0). August 20, 2024 Meeting Page 2 of5 171 7. REGULARAGENDA (a) Public Hearing, Discussion and First Reading of Ordinance 2024-0-08C, adopting a budget for the City of Marble Falls and the Marble Falls Economic Development Corporation for Fiscal Year 2024/2025. Jeff Lazenby, Director of Finance addressed Council. Assistant City Manager Russell Sander presented the request fora a new position ina administration - Public Relations Coordinator, followed by Tommy Crane, Fire Chiefon Fire Rescue's staffing plan. Mayor Rhodes opened the public hearing. There being no discussion, Mayor Rhodes closed the public hearing and read the caption of the (b) Discussion and Action on setting the proposed tax rate for FY 2024/2025 and setting a datef forapublichearing. JeffLazenby, Director of Finance presented thei item to Council. Mayor Pro-Tem Magerkurth moved to set the proposed tax rate for FY 2024/2025 to $0.535 and setapublichearing date for September3,2024. Councilmember Westerman seconded the motion. The motion carried by the following roll call vote (7-0): Mayor Rhodes, Mayor Pro-Tem Magerkurth and Councilmembers Haltom, Cauble, Morris, Mayor Rhodes opened agenda items 7(c) and 7(d). Deputy City Manager Caleb Kraenzel introduced Jon Snyder (P3 Works - PID Administrator), who addressed the Council. (c) Public Hearing, Discussion and Action on Ordinance 2024-0-08E making a Finding of Special Benefit to the Property in Improvement Area #2A of the Thunder Rock Public Improvement District; Providing for the Method of Assessment of Special Assessments Against Property in the District; Approving an Assessment Roll for Improvement Area #2A of the District; Levying Assessments Against Property within Improvement Area #2A of the District; Providing for Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Establishing a Lien on Property within the District; Approving an Amended and Restated Service and Assessment Plan; Providing for Related Matters in Accordance with Chapter 372, Texas Local Government Code; Providing an Effective Date; Providing for Severability; and Approving a Landowner Agreement. Mayor Rhodes opened the public hearing. After some discussion, Mayor Rhodes closed the public hearing and read the caption of the ordinance. Councilmember Westerman made a motion to approve Ordinance 2024-0-08E. Councilmember Morris (d) Public Hearing, Discussion and Action on Ordinance 2024-0-08F making a Finding of Special Benefit to the Property in the Remainder Area of the Thunder Rock Public Improvement District; Providing for the Method of Assessment of Special Assessments Against Property in the District; Approving an Assessment Roll for the Remainder Area of the District; Levying Assessments Against Property within the Remainder Area of the District; Providing for Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Establishing a Lien on Property within the District; Approving an Amended and Restated Service and Assessment Plan; Providing for ordinance. No action was taken. Walker and Westerman-AYES. seconded the motion. The motion carried by a vote of7-0. August 20, 2024 Meeting Page 3 of5 172 Related Matters in Accordance with Chapter 372, Texas Local Government Code; Providing an Effective Date; Providing for Severability; and Approving a Landowner Agreement. Mayor Rhodes opened the public hearing. After some discussion, Mayor Rhodes closed the public hearing and read the caption ofthe ordinance. Councilmember Westerman made a motion to approve Ordinance 2024-0-08F. Councilmember Cauble Mayor Rhodes opened items 7(e) and 7(f). Mark Mcliney (SAMCO Financial Advisor) (e) Discussion and Action on Ordinance 2024-0-08G authorizing the Issuance of the City of Marble Falls, Texas Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District Improvement Area #2A Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date and Authorizing All Other Related Actions Necessary to Carry Out the Purpose of this Ordinance. Councilmember Westerman made a motion to approve Ordinance 2024-0-08G. Councilmember Cauble seconded (f) Discussion and Action on Ordinance 2024-0-08H authorizing the Issuance of the City of Marble Falls, Texas Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District Remainder Area Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date and Authorizing All Other Related Actions Necessary to Carry Out the Purpose of this Ordinance. Councilmember Walker made a motion to approve Ordinance 2024-0-08H. Councilmember Morris seconded the motion. The seconded the motion. The motion carried by a vote of7-0. addressed Council. the motion. The motion carried by a vote of 7-0. motion carried by a vote of 7-0. Mayor Rhodes called for a recess. Mayor Rhodes called the meeting back to order. 7:35 pm Council convened to Executive Session Pursuant to $551.071 (Private Consultation between the Council and its Attorney) 7:52 pm Council returned to Open Session (g) Public Hearing, Discussion, and Action on Ordinance 2024-0-081 regarding the 2024 annual update of the service and assessment plan (SAP) and assessment roll for the La Ventana Public Improvement District (PID) in accordance with Local Government Code $372.013. Mayor Rhodes opened the public hearing. Ron LeVick (410 Cielo Circle) addressed the Council, stating that property owners were not given adequate time to August 20, 2024 Meeting Page 4 of5 173 viewt the updated plan from whent the ownersreceived the notice of publichearing. Randy Kruger (415 Cielo Circle) and Tony Peal (912 La Ventana) addressed the Council regarding not having enough time to view the assessment plan from when the notice to property owners was received. Mayor Rhodes closed the public hearing and read the ordinance caption. Councilmember Walker moved to continue action on Ordinance 2024-0-081 until the September 3 Council Meeting. Mayor Pro-Tem Magerkurth seconded the (h) Discussion regarding amending the Tax Increment Reinvestment Zone Number One Boundary Map to include the entirety of the J.M Huber Corporation property located within the Cityl limit Mayor Rhodes led the discussion. No action was taken. 8. CITYMANAGER'S REPORT. City Manager Mike Hodge did not provide a report. motion. The motion carried by a vote of7-0. 9. EXECUTIVE! SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION Pursuant to $551.071 (Private Consultation between the Council and its Attorney) of the Open Meetings Act. Tex. Gov't Code, Council will meet in Executive Session to discuss the Consultation with City Attorney regarding pending or contemplated litigation or settlement offer regarding the La Ventana Public Improvement District Consultation with City Attorney regarding including the J.M. Huber Corporation property located int the City limit in the Tax Increment Reinvestment Zone Number following: One Boundary 10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS DISCUSSED IN EXECUTIVE SESSION. Councilmember Walker made a motion to approve the settlement agreement regarding the La Ventana Public improvement District as discussed in Executive Session, subject to the City Attorney's review. Councilmember Morris seconded the motion. The motion carried by a vote of 6-1, with Councilmember Westerman being 11. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS. The Council reviewed the September 3 12. ADJOURNMENT. There being no further business to discuss, Counçilmember Cauble made a motion to adjourn. Councilmember Haltom seconded themotjon, andthe meeting was opposed. draft meeting agenda. adjourned at 8:11 pm. MIR Dave Rhodes, Mayor ATTEST: egL Christina McDonald, TRMC City Secretary August 20, 2024 Meeting Page 5 of5