162  STATE OF TEXAS COUNTY OF BURNET CITY OF MARBLE FALLS  On this the 6th 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 Lauren Haltom Bryan Walker Richard Westerman Karlee Cauble Griff Morris Mike Hodge Caleb Kraenzel Russell Sander Christina McDonald Josh Brockman-Weber Jeff Lazenby Erin Burks Glenn Hanson Trisha Ratliff Tommy Crane Jeff Prato Lacey Dingman James Kennedy Jay Everett Kim Foutz Christian Fletcher Angel Alvarado  Mayor Mayor Pro-Tem Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Deputy City Manager Assistant City Manager City Secretary City Attorney Director of Finance Downtown and Marketing Manager Police Chief Assistant Police Chief Fire Chief City Engineer Director Parks and Recreation Public Works Director Assistant Public Works Director Director of Development Services EDC Executive Director Human Resources Director  ABSENT: STAFF:  VISITORS: Raymond Whelan (The Highlander), Gregory Miller (Bickerstaff Attorney), Andrew Friedman (Financial Advisory SAMCO), John Packer, Claude Harding, Mitzi Birdsong, Rob Romo (Centurion American), Will Romo (Spyglass Partners), Will Wachel (TRCI Engineers), Lane Griffin 1. CALLTO ORDER AND ANNOUNCE QUORUM IS PRESENT. Mayor Rhodes called the meeting  to order and announced the presence of a quorum.  August 6, 2024 Meeting  Page 1of6    163  2. INVOCATION. Mayor Rhodes gave the invocation.  3. PLEDGE OF ALLEGIANCE TOTHE FLAG OF THE UNITED STATES ANDTO THE TEXASFLAG.  Mayor Rhodes led the pledges.  4. UPDATES, PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS  Update from the Municipal Court. Melissa Johnson- Ramirez, Clerk provided the Update from Waste Management. No update was provided. The update was  update.  rescheduled for the August 20 Council meeting.  5. CITIZEN COMMENTS. There were no citizen comments.  6. CONSENT AGENDA. workshop.  (a) Approve the minutes of the July 16, 2024 regular meeting and the July 30, 2024 (b) Approval of award of contract to Cadence Bank for bank depository services and (c) Approval of a proposal with Santa Rosa Well Service, LLC, in an amount not to exceed $75,537.50 to perform all work required for the construction of the Thunder Rock Irrigation Well Phase 1 and authorize the City Manager to execute the proposal. (e) Approval of Resolution 2024-R-08A Determining the Costs of Certain Authorized Improvements to be Financed by the Thunder Rock Public Improvement District; AprovingaPreliminany Amended and Restated Service and Assessment Plan, Including Proposed Assessment Rolls; Calling a Regular Meeting and Noticing a Public Hearing for August 20, 2024 to Consider an Ordinance Levying Assessments on Property Located within Improvement Area #2A of the Thunder Rock Public Improvement District; Directing the Filing of the Proposed Assessment Rolls with the City Secretary to Make Available for Public Inspection; Directing City Staff to Publish and Mail Notice of Said Public Hearing; and Resolving Other Matters Incident and Related Thereto. (f) Approval of Resolution 2024-R-08B Determining the Costs of Certain Authorized Improvements to be Financed by the Thunder Rock Public Improvement District; Approving gar Preliminary Amended and Restated Service and Assessment Plan, Including Proposed Assessment Rolls; Calling a Regular Meeting and Noticing al Public Hearing for August 20, 2024 to Consider an Ordinance Levying Assessments on Property Located within the Remainder Improvement Area of the Thunder Rock Public Improvement District; Directing the Filing of the Proposed. Assessment Rolls with the City Secretaryto Make Available for Public Inspection; Directing City Staff to Publish and Mail Notice of Said Public Hearing; and Resolving Other Matters Incident and Related Thereto.  authorize the City Manager to sign the agreement.  August 6, 2024 Meeting  Page 2of6    164  (g) Approval of Resolution 2024-R-08F Approving the Form and Authorizing the Distribution ofal Preliminary Limited Offering Memorandum for City of Marble Falls, Texas Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District (h) Approval of Resolution 2024-R08GAPProVIng the Form and Authorizing the Distribution ofal Preliminary Limited Offering Memorandum for City of Marble Falls, Texas Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District Councilmember Walker requested that item 6(d) be moved to the regular agenda for Councilmember Walker moved to approve the consent agenda. Councilmember Haltom seconded the motion. Items 6(a)through 6(c) and items 6(e)through 6lh)wereapproved  Improvement Area #2A Project).  Remainder Area Project).  discussion.  by a vote of5-0. 7. REGULAR AGENDA.  Approval of Ordinance 2024-0-07A amending the Code of Ordinances of the City of Marble Falls, Chapter 14 (Offenses, Miscellaneous Provisions) by creating and adopting an new section 14-8 prohibiting the feeding of wildlife within city parks and publicly owned streets and sidewalks; making findings of fact; providing for enforcement and penalties including a fine not to exceed $500.00 per day; providing for savings, severability, repealer clauses; providing for publication, effective date, and proper notice and meeting. Lacey Dingman, Director of Parks and Recreation addressed Council. John Packer spoke in favor of approval of the Ordinance. Councilmember Walker made a motion to approve Ordinance 2024-0-07A. Councilmember Westerman seconded the  motion and the motion carried by a unanimous vote (5-0).  Mayor Rhodes opened items 7(a) and 7(b). Attorney Gregory Miller addressed Council regarding the (a) Public Hearing, Discussion and Action on Resolution 2024-R-08D Dissolving the Thousand Oaks Public Improvement District. Caleb Kraenzel, Deputy City Manager addressed Council. Mayor Rhodes opened the public hearing. . After some discussion, Mayor Rhodes closed the publichearing. Counimemberwesteman moved to approve Resolution 2024-R-08D. Councilmember Haltom seconded the motion. The motion (b) Discussion and Action regarding Resolution 2024-R-08E setting a public hearing for creation of the Thousand Oaks II Public Improvement District for approximately 452.60 acres of land with the City, with the entrance located on the west side of the intersection of U.S. Highway 281 and County Road 403, the southern, boundary near  dissolution and petition to create the public improvement district procedures.  carried by a vote of 5-0.  August 6, 2024 Meeting  Page 3 of6    165  the Burnet/Blanco County line, and the northern boundary extending to the approve Resolution 2024-R-08D. Councilmember Westerman seconded the motion.  Horseshoe Bay extraterritorial jurisdiction. The motion carried by a vote of5-0. Mayor Rhodes called for a: 10-minute recess. Mayor Rhodes called the meeting back to order.  Councilmember Walker moved to  (c) Discussion and Action on the award of a Professional Services Agreement with TRC Companies, Inc. in an amount not to exceed $103,500.00 to provide engineering services and construction phase services for the HMGP Critical Facilities Emergency Generators Project and authorize the City Manager to execute the agreement. Jeff Prato, City Engineer addressed Council. Councilmember Westerman made a motion to award the agreement to TRC and authorize the City Manager to execute the agreement. Councilmember Walker seconded the motion. The motion carried by a vote of5-0. (d) Discussion and Action on Resolution 2024-R-08C establishing al legislative platform and priorities for the 89th Legislative Session in Texas. Russell Sander, Assistant City Manager presented the Resolution. Councilmember Westerman made a motion to approve Resolution 2024-R-08C. Councilmember Walker seconded the motion. The motion (e) Discussion and Action on a request by MM Marble Falls 1070 LLC to appeal water and wastewater impact fees in effect on April 30, 2024 for development of Thunder Rock Phase 2A, 2A-1, and 2B, generally located at Thunder Rock Boulevard and Centurion Parkway in accordance with Section 26-162 Appeals of the Code of Ordinances. Kim Foutz, Director of Development Services addressed Council, followed by Rob Romo,  carried by a vote of5 5-0.  developer Centurian America.  7:05 pm Council convened to Executive Session pursuant to Texas Government Code Section  551.071 (Consultation with Attorney). 7:18 pm Council returned to Open Session  Councilmember Westerman moved to continue the agenda item to allow time for further discussion and negotiations with the developer. Councilmember Walker seconded the (f) Discussion and Action on the approval of a Construction Agreement with TTE, LLCi in an amount not to exceed $2,144,015.78 to perform all work required for the construction of the Via Viejo High Service Pump Station Improvements and authorize the City Manager to execute the agreement. Jeff Prato, City Engineer addressed Council. Councilmember Walker moved to award the construction agreement and authorize the City Manager to execute the agreement. Mayor Pro-Tem Magerkurth seconded the  motion. The motion carried by a vote of5 5-0.  motion. The agreement was approved by a vote of5 5-0.  August 6, 2024 Meeting  Page 4 of6    166  Mayor Rhodes opened items 7(g) and 7(h), including both public hearings.  (g) Public! Hearing, Discussion and Action on Ordinance 2024-0-08A amending the Code of Ordinances of the City of Marble Falls, Division 3 (Drought Contingency Plan), Article II (Water), Chapter 26 (Utilities) to replace the City's Drought Contingency Plan in its entirety. Russell Sander, Assistant City Manager presented the Drought Contingency Plan. After some discussion, Mayor Rhodes closed the public hearing and read the ordinance caption. Counciimember Westerman made a motion to approve Ordinance 2024-0-08A. Mayor Pro-Tem Magerkurth seconded the motion. The motion carried by (h) Public Hearing, Discussion and Action on Ordinance 2024-0-08B amending the Code of Ordinances of the City of Marble Falls, Division 4 (Water Conservation Plan), Article II (Water), Chapter 26 (Utilities) to replace the City's Water Conservation Plan in its entirety. Russell Sander, Assistant City Manager presented the Water Conservation Plan. After some discussion, Mayor Rhodes closed the public hearing and read the ordinance caption. Councilmember Walker made a motion to approve Ordinance 2024-0-08B. Councilmember Westerman seconded the motion. The motion carried by a vote of5 5-0.  avotec of5-0.  8. CITY MANAGER'S REPORT. City Manager Mike Hodge did not provide ar report.  7:20 pm Council convened to Executive Session 8:10 pm Council returned d to Open Session  9. EXECUTIVE SESSION CLOSE OPEN SESSION AND CONVENE EXECUTIVE SESSION Pursuant to 551.072/Delberation Regarding the Purchase, Exchange, Lease or Value of Real Property) ofthe Open Meetings Act. Tex. Gov'tCode, Council will meeti in Executive Session to discuss  the following:  Discussion regarding the acquisition of real property  10. RECONVENE INTO OPEN SESSION FOR POSSIBLE ACTION RESULTING FROM ITEMS 11. ANNOUNCEMENIS AND FUTURE AGENDA ITEMS. The draft agenda for the August 20 12. ADJOURNMENT. There being no further business to discuss, Mayor Pro-Tem Magerkurth made a motion to adjourn. Councilmember Westerman seconded the motion and the  DISCUSSED IN EXECUTIVE SESSION. No action was taken.  Council Meeting was reviewed.  meeting was adjourned at 8:11 pm.  August 6, 2024 Meeting  Page! 5of6    167  (g) Approval of Resolution 2024R-08FAPproving the Form and Authorizing the Distribution ofa a Preliminary Limited Offering Memorandum for City of Marble Falls, Texas Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District (h) Approval of Resolution 2024-R08GAPProVIng the Form and Authorizing the Distribution ofa a Preliminary Limited Offering Memorandum for City of Marble Falls, Texas'Special Assessment Revenue Bonds, Series 2024 (Thunder Rock Public Improvement District Councilmember Walker requested that item 6(d) be moved to the regular agenda for Councilmember Walker moved to approve the consent agenda. Councilmember Haltom seconded the motion. Items 6(a) through 6(c) and items 6(e)through6 6/h)wereapproved  Improvement Area #2A Project).  Remainder Area Project).  discussion.  by a vote of 5-0. 7. REGULAR AGENDA.  Approval of Ordinance 2024-0-07A amending the Code of Ordinances of the City of Marble Falls, Chapter 14 (Offenses, Miscellaneous Provisions) by creating and adopting anew section 14-8 prohibiting the feeding of wildlife within city parks and publicly owned streets and sidewalks; making findings of fact; providing for enforcement and penalties including a fine not to exceed $500.00 per day; providing for savings, severability, repealer clauses; providing for publication, effective date, and proper notice and meeting. Lacey Dingman/Director of Parks and Recreation addressed Council. John Packer spoke in favor of approval of the Ordinance. Councilmember Walker made a motion to approve Ordimance2024.0.07A. Councilmember Westerman seconded the  motion and the motion carried' by a unanimous vote (5-0).  Mayor Rhodes opened items 7(a) and 7(b). Attorney Gregory Miller addressed Council regarding the (a) Public Hearing, Discussion and Action on Resolution 2024-R-08D Dissolving the Thousand Oaks Public Improvement District. Caleb Kraenzel, Deputy City Manager addressed Council. Mayor Rhodes opened the public hearing. After some discussion, Mayor Rhodegclosed the publichearing. Councilmember Westerman movedi to approve Resolution 2024-R-08D. Councilmember Haltom seconded the motion. The motion (b) Discussion and Action regarding Resolution 2024-R-08E setting a public hearing for creation of the Thousand Oaks II Public Improvement District for approximately 45.60 acres of land with the City, with the entrance located on the west side of the intersection of U.S. Highway 281 and County Road 403, the southern boundary near  dissolution and petition to create the public improvement district procedures.  carried bya vote of5 5-0.  August 6, 2024 Meeting  Page 3 of6    168  da  Dave Rhodes, Mayor  ATTEST:  bkeAra Christina McDonald, TRMC City Secretary  August 6, 2024 Meeting  Page 6of6