145  STATE OF TEXAS COUNTY OF BURNET CITY OF MARBLE FALLS  On this the 4th day of June 2024, the City Council convened in regular session at 6:00 pmi int 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 Griff Morris Bryan Walker Lauren Haltom Richard Westerman Caleb Kraenzel Russell Sander Christina McDonald Josh Brockman-Weber Jeff Prato Scarlet Moreno Trisha Ratliff James Kennedy Jay Everett Christian Fletcher Midge Dockery Tommy Crane Coy Guenter Jeremy Qualls Hannah Kadow Jimmy Cole  Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember Deputy City Manager Assistant City Manager City Secretary City Attorney City Engineer Assistant Development Services Director Assistant Police Chief Public Works Director Assistant Public' Works Director EDC Executive Director Assistant EDC Director Fire Chief Assistant Fire Chief Building Official PD CID Captain  ABSENT: STAFF:  Development Services Coordinator  VISITORS: Raymond Whelan (The Highlander), Charlotte Cooper, Joe and Joyce Carboni, Robin Finn, David Herrera, Brian Shuemaker, Scott Savely, Russell Rodrigues, Regina Thompson, Jean Hagood, Christine Maxcy, and Janet Henry (Gregg Ranch), Charlie Bond (802 Amy Circle), Saeed Minhas, Russ Roper, Josh Robles and Stefani Martinez (MMK Ventures), Darrell Sargent (Legacy 1. CALLTO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Rhodes called the meeting  Crossing), Timm Bauman (Panther Creek)  too order at 6:00 pm and announced the presence of a quorum.  June 4, 2024 Meeting  Page 1of4    146  2. INVOCATION. Mayor Rhodes gave thei invocation, Councilmember Walker led the pledges.  3. PLEDGE OF ALLEGIANCE TOTHE FLAGOF THE UNTEDSTATESANDTOT THE TEXAS FLAG.  4. UPDATES, PRESENTATIONS, PROCLAMATIONS. AND RECOGNITIONS  Update from the Police Department. Trisha Ratliff, Assistant Chief provided the Update from the Marble Falls Economic Development Corporation. Christian Update on the proposed schedule for the 2024 Bond Sale. Staff noted that the  update.  Fletcher, Executive Director gave the upcdate. update will be provided at the. June 18 meeting.  5. CITIZEN COMMENTS. There were no citizen comments.  6. CONSENT AGENDA.  (a) Approve the minutes of the May 21, 2024 regular meeting.  (b) Appoint Chase Mekaelian to Place 3 of the Parks and Recreation Commission. (c) Appoint Councilmembers Griff Morris and Lauren Haltom to the TIRZ Board No. Two (d) Approvet thel First Amendment tothelnstallation: and Maintenance Agreement between the Marble Falls Rotary Veteran's Memorial at Johnson Park and authorize the City (e) Approve a deed to the City of Marble Falls from MMK Ventures LLC, and 71/281 Investments LLP for groundwater rights for 533.85 acres of land located within the City (f) Approve a Pro-Rata Reimbursement Agreement for Savannah Lewis Panther Hollow Development LLCf fort the development ofawastewater force main utilityl line; providing for pro-rata payments from benefited property owners who request to connect to the wastewater utilities during the reimbursement period; providing for the developer to be reimbursed from the pro-rata funds received; and providing at termination date. Councilmember Walker moved to approve the consent agenda. Mayor Pro-Tem Magerkurth seconded the motion. The motion carried by a unanimous vote (5-0).  and appoint Mayor Dave Rhodes to serve as Chair.  Manager to execute the agreement.  of Marble Falls, Burnet County.  7. REGULAR AGENDA.  June 4, 2024 Meeting  Page 2 of4    147  (a) Public Hearing, Discussion and Action on Ordinance 2024-0-06A amending Chapter 26 (Utilities), Article II (Water), Division 3 (Drought Contingency Plan) of the Code of Ordinances of the City of Marble Falls by amending and replacing Sec. 26-53 (Enforcement). Russell Sander, Assistant City Manager, addressed the Council. Mayor Rhodes opened the public hearing. There being no discussion, Mayor Rhodes closed the public hearing and read the caption of the Ordinance. Councilmember Walker made a motion to approve Ordinance 2024-0-06A. Councilmember Morris seconded the (b) PublicHearing, Discussion, and Action on Ordinance 2024-0-06B regardingac Conditional Use Permit for 2.544 acres, more or less, out of the A. Bradley Survey No. 79, Abstract No. 61, Burnet County, Texas to allow proposed use of convenience store with fueling station within the Gregg Ranch Planned Development District, zoned Mixed-Use (MU- 1), generally located south of the Gregg Ranch Subdivision. Scarlet Moreno, Assistant Director of Development Services, addressed the Council. Mayor Rhodes opened the publichearing. The following Gregg Ranch residents spoke in opposition oft the conditional use permit: Joe and Joyce Carboni, Charlotte Cooper, Christopher Duran, David Herrera, Jean Hagood, Janet Henry, Christine Maxcy, Russell Rodriguez, Scott Savely, Brian Shuemaker and Regina Thompson. There being no further comments, Mayor Rhodes closed the publicl chearingand read the caption ofthe Ordinance. CouncimemberWalker made a motion to deny Ordinance 2024-0-06B. Councilmember Cauble seconded the (c) Discussion and Action on a request by Savannah Lewis Panther Hollow Development LLC to appeal water and wastewater impact fees in effect on April 30, 2024 for development of Lots 1 and 2, 15.209 acres out of the Robert D. Moore Survey No. 603, Abstract No. 614, the A. Schroter Survey No. 4/ Abstract No. 1270, and the McKinney & Williams Survey No. 1068, Abstract No. 625, Burnet County, Texas, generally located at Panther Hollow Drive and Corazon Drive, through April 30, 2025 in accordance with Section 26-162 Appeals of the Code of Ordinances. Scarlet Moreno, Assistant Director of Development Services addressed Council. Councilmember Walker made a motion to grant the appeal request. The motion was seconded by Councilmember Cauble and (d) Discussion and Action on a request by MMK Ventures LLC & 71/281 Investments LLP for the Legacy Crossing Development to appeal water and wastewater impact fees in effect on April 30, 2024 for development of 109.640 acres of land located in the Guadalupe Flores Survey Abstract No. 304 and the Abraham Bradley Survey, Abstract No. 61, Marble Falls, Burnet County, Texas. generally located at Highway 281Sand Highway 71, through April 30, 2025 in accordance with Section 26-162 Appeals of the Code of Ordinances. Scarlet Moreno, Assistant Director of Development Services addressed Council. Councilmember Cauble made a motion to grant the appeal request. Themotion  motion. The motion carried by a vote of 5-0.  motion. The motion carried by a vote of5-0.  carried by a unanimous vote (5-0).  was seconded by Councilmember Walker and carried by a vote of5-0.  June 4, 2024 Meeting  Page 3of4    148  8. CITY MANAGER'S REPORT. No report was provided.  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'tCode, Council will meet in Executive Session to discuss the  following:  Consultation with attorney regarding pending or contemplated litigation or a settlement offer related to Cause No. C6858, City of Marble Falls V. the Nancy Shifflet FowlerTrust and the Estate of NancyJo Fowler, et al., in the County Courtat Consultation with attorney regarding State Office of Administrative Hearings  Law of Burnet County, Texas.  (SOAH) Docket No. 582-24-14121 L- Marble Falls TPDES Permit.  7:40 pm Council convened to Executive Session 8:05 pm Council returned to Open Session  10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS DISCUSSED IN EXECUTIVE SESSION. Councilmember Walker moved to authorize the Mayor to finalize and execute the settlement agreement related to Cause No. C6858 (City of Marble Falls V. the Nancy Shifflet Fowler Trust and the Estate of Nancy. Jo Fowler et al., ini the County Court at Law of Burnet County, Texas) and Administrative Hearing Docket No. 582-24-14121 (Marble Falls TPDES Permit) subject to further negotiations and approval by city attorney. Councilmember Morris seconded the motion. The motion carried by a unanimous vote (5- 11. ANNOUNCEMENTS AND FUTURE AGENDAITEMS. The draft agenda for the. June 18 regular 12. ADIOURNMENT. There being no further business to discuss, Mayor Pro-Tem Magerkurth made ai motion to adjourn. Councilmember Cauble seconded the-motion. Themeetingwas  0).  meeting was reviewed.  adjourned at 8:08 pm.  ME  Dave Rhodes, Mayor  ATTEST:  CKuKAn Christina McDonald, TRMC City Secretary  June 4, 2024 Meeting  Page 4 of4