CITY OF BASTROP AUGUST27,2024  REGULAR CITY COUNCIL MEETING MINUTES  The Bastrop City Council met in a Regular Meeting on Tuesday, August 27, 2024, at 6:30 p.m. at the Bastrop City Hall Council Chambers, 1311 Chestnut Street, Bastrop, Texas, with the following  action taken to wit: Council Members Present Mayor Lyle Nelson Mayor Pro-Tempore Kirkland Council Member Meyer Council Member Lee Council Member Fossler Council Member Plunkett  Staff] Present  City Manager Sylvia Carrillo-Trevino City Attorney Alan Bojorquez Interim City Secretary Irma G. Parker Assistant City Secretary Victoria Psencik  1.  CALL TO ORDER present.  Mayor Nelson called the Regular City Council meeting to order at 6:30 p.m. with a quorum  2.  PLEDGE OF ALLEGIANCE  Harper Tawater and Everly Foster, Girl Scouts from Lost Pines Elementary led the Pledge  ofA Allegiance tol both the U.S. flag and the Texas flag.  3. 4.  INVOCATION PRESENTATIONS 4A. Mayor's Report 4B. Council Members' Report WORK ESSIONSBRIEHINGS  Robert Oliver, Bastrop. Police Chaplain, gave this evening' 'sl Invocation.  5.  5A. Receive an update on the Old Iron Bridge rehabilitation, Fairview Cemetery expansion, and Agnes Street extension and improvement projects.  Submitted/Presented by: Andres Rosales, Assistant City Manager  No action was taken on. Item 5A. STAFF AND BOARD REPORTS 6A. City Manager's Report  6.  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page1of8    1.Update on Solid Waste and Recycling services with Texas Disposal Systems. 2. Update on coming changes to Utility Billing service location and website. 3. Update on Capital Improvement Projects for the City of] Bastrop. Submitted/Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager No action was taken on Item 6A. Number three (3) will be presented by City Manager at 6B. Receive presentation on the unaudited Monthly Financial Report for the  as Special Budget Workshop on September 4th, 2024.  period ending July 31,2024.  Submitted by: Edi Mcllwain, Chief Financial Officer Presented by: Laura Allen, Assistant Finance Director  No action was taken on Item 6B. CITIZEN COMMENT(S) No general comments were submitted. CONSENT AGENDA  7. 8.  8B. Consider and act on Resolution No. R-2024-107, Ratifying and approvingan Interlocal Agreement between the City of Bastrop and Bastrop County regarding the construction of a communications tower for public safety purposes, as attached in Exhibit A; and ratifying and approving the conveyance by the City to the County of 2.205 acres of property known as Building Block 152 East of Water Street, located at 2001 South Street, to be used for the purpose set forth in such Interlocal Agreement, as attached in Exhibit B: providing for a repealing clause; and establishing an effectivedate.  Submitted by: Andres Rosales, Assistant City Manager  8D. Consider and act on Resolution No. R-2024-108, Regarding a Community Services and Offsite Improvements Agreement between the City of Bastrop and Bastrop County Emergency Food Pantry for the reimbursement of construction funds for the offsite improvements in the public right-of-way related to the construction ofthen new Food Pantry facility tol bel located at 1201 Pine Street, Bastrop, Texas in the amount of Fifty Nine Thousand Sixty and 70/100 ($59,060.70) based on the in-kind donation cost estimate in Exhibit A; authorizing the execution of all necessary documents; upon request and providing for findings of fact, repealer, severability, effective date, proper  notice, and meeting.  Submitted by: Andres Rosales, Assistant City Manager  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 2of8    8E. Consider and act on Resolution R-2024-106, For the creation of a Public Services Policy for the Bastrop Public Library, as attached in Exhibit A; upon request and providing for findings CN  proper notice, and meeting.  Submitted by: Bonnie Pierson, Library Director  8F. Consider and act on Resolution No. R-2024-111, for an interlocal agreement with Bastrop Independent School District and the City of Bastrop for plan review, building inspection, and fire inspection services, upon request and providing for findings of fact, repealer, severability, effective date, proper  notice, and meeting.  Submitted by: Andres Rosales, Assistant City Manager  MayorNelson called for requests to remove any item from the Consent Agenda fors separate Council Member Fossler requested Item 8A be pulled from the Consent Agenda for Council Member Lee requested Item 8C be pulled from the Consent Agenda for separate MOTION: Council Member Lee moved to approve the Consent Agenda afteri it was read into the record by Victoria Psencik, Assistant City Secretary with the exclusion of] Item 8A and Item 8C. Council Member Plunkett seconded the motion. Motion carried unanimously.  discussion.  separate discussion. discussion.  CONSENT AGENDA ITEM 8A  8A. Consider and act to approve the following Bastrop City Council meeting  minutes:  1.Tuesday, August 13, 2024 Regular Meeting and Joint Meeting with  Visit Bastrop Board of] Directors:  2.N Monday, August 19, 2024 Special Meeting: and 3. Wednesday, August 21, 2024 Budget Meeting.  Submitted by: Irma G. Parker, Interim City Secretary, and Victorial Psencik,  Assistant City Secretary  MOTION: Council Member Fossler moved to approve the following Bastrop City 1.Tuesday, August 13, 2024 Regular Meeting and Joint Meeting with Visit Bastrop. Board  Council minutes: ofDirectors;  2. Monday, August 19, 2024 Special Meeting; and 3. Wednesday, August 21, 2024 Budget Meeting.  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 3of8    Council Member Fossler moved to approve the listed minutes with the strike-through of the time arrival by Council Member Plunkett's name on the August 13, 2024 minutes. Mayor Pro Tem Kirkland seconded the motion. Motion carried unanimously.  CONSENT AGENDA ITEM 8C  8C. Consider and act on Resolution No. R-2024-112, Approve engineering professional services contract with Dial Development Services, Ltd. (DDS) to continue to provide the services of construction management and inspection to an not to exceed an amount of two hundred thousand dollars ($200,000.00); authorizing the City Manager to execute all necessary documents; upon request and providing for findings of fact, repealer.severabiliv, effective date,  proper notice,and meeting.  Submitted by: Andres Rosales, Assistant City Manager  MOTION: Council Member Lee moved to approve the engineering professional services contract with Dial Development Services Ltd. to continue toj provide the services of construction management and inspection. Council Member Plunkett seconded the motion.  Motion carried unanimously.  9.  ITEMS FOR INDIVIDUAL CONSIDERATION  9A. Consider and act on Resolution No. 2024-116, To confirm the Interim City Secretary and Assistant City Secretary under Home Rule Charter Article III  "City Council", Section 3.09 "City Secretary".  Submitted/Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager MOTION: Council Member Plunkett moved to approve Resolution No. R-2024-116 to confirm the Interim City Secretary and Assistant City Secretary. Council Member Meyer 9B. Receive a report from the Interim City Secretary as to the sufficiency or deficiency ofal Petition submitted in July 2024 to Recall Mayor Lyle Nelson.  seconded the motion. Motion carried unanimously.  Submitted/Presented by: Irma Parker, Interim City Secretary  No action was taken on Item 9B.  9C. Consider and act on Ordinance No. 2024-25, Ratifying the Ordinance Calling for and Establishing the Procedures for a November 5, 2024 Special Election for the] PurposeofAmending the] Home-Rule Charter Approved on August 19, 2024. Providing for Severability; Providing for Proper Meeting and Notice;  and Establishing an Effective Date.  Submitted/Presented by: Irma Parker, Interim City Secretary  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 40 of8    MOTION: Council Member Meyer moved to approve the ratification of Ordinance No. 2024-25 calling for and establishing thej procedures for November 5, 2024 Special Election for the purpose ofamending thel Home-Rule Chartera approved on August 19,2024. Council 9D. Consider and act on Ordinance No. 2024-26, Ratifying the Ordinance Calling for and Establishing the Procedures for November 5, 2024, Special Election for the Purpose of Amending the Home-Rule Charter Regarding the Enforcement of Marijuana Laws adopted on August 19, 2024; Providing or Severability; Providing or Repealing Clause; Providing or Proper Meeting  Member Plunkett seconded the motion. Motion carried unanimously.  and Notice: And Establishing an Effective Date Submitted/Presented by: Irma Parker, Interim City Secretary  MOTION: Council Member Meyer moved to approve the ratification ofOrdinance! No. 2024-26calling: for and establishing the procedures for November 5, 2024 Special Election for the purpose of amending the Home-Rule Charter regarding the enforcement of marijuana laws adopted on August 19, 2024. Council Member Lee seconded the motion. 9E. Considerand act on first reading ofOrdinance No. 2024-27.Approving. a map depicting the Municipal Boundary "City Limits" and the Extraterritorial  Motion carried unanimously.  Jurisdiction "ETJ" as required by State Law. Submitted/Presented by: Robert Barron, GIS Manager  MOTION: Council Member Fosslern moved to approve the first reading ofOrdinance No. 2024-27 approving a map depicting the Municipal Boundary "City Limits" and the Extraterritorial Jurisdiction "ETJ" as required by State Law. Council Member Lee 9F. Consider and act on the first reading of Ordinance No. 2024-23, Approving thel Fiscal Year 2025 Annual Service Plan Update, including provisions related to assessments for the Hunters Crossing Public Improvement District; approving a Fiscal Year 2025 assessment roll for the District; and containing other provisions related to thel Hunters Crossing Public Improvement District and the Hunters Crossing Local Government Corporation; and move to include on the September 10, 2024 City Council Agenda for a second reading.  seconded the motion. Motion carried unanimously.  Submitted by: Edi McIlwain, Chief Financial Officer  Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager  MOTION TOTABLE: Council Member Meyer moved to table Item 9F, the Fiscal Year 2025 Annual Service Plan Update for the Hunters Crossing Public Improvement District, tot thei next Council Meeting. Council Member Fossler: seconded the motion. Motion carried  unanimously.  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 5of8    9G. Consider rand act on Resolution No. R-2024-100, For the disannexation ofland from the city's 1-mile extraterritorial jurisdiction, for 2.03 acres of property known as' Tahitian Village Subdivision, Unit 5, Block 1,Lots 20,21,22,50,51, and 52, located in the 1-mile ETJ of Bastrop County, Texas; upon request and providing for findings of fact, repealer, severability, effective date, proper  notice, and meeting.  Submitted/Presented by: Vivianna Nicole Andres, Assistant to the City Manager  Citizen Comment(s) on this item: Not speaking: Colin Lineberry  MOTION: Council Member Lee moved to approve Resolution No. R-2024-100 for the disannexation of land from city's extraterritorial jurisdiction for 2.03-acres of property known as Tahitian Village Subdivision, Unit 5, Block 5, Lots 20, 21,22,50, 51, and 52. Council Member Meyer seconded the motion. Motion carried unanimously. 9H. Considerand act on Resolution No. R-2024-113.For the disannexation ofland from the city's extraterritorial jurisdiction, for 0.99 acres of property known as Addison Acres, Abstract No. A45 Litton, located at 5599 FM 535, Cedar Creek, Texas in Bastrop County; upon request and providing for findingso of fact, epealer.severability, effective date, proper notice, and meeting. Submitted/Presented by: Vivianna Nicole Andres, Assistant to the City Manager MOTION: Council Member. Plunkett moved to approve Resolution No. R-2024-113 for the disannexation ofland from the city'sextrateritorial. jurisdiction for 0.99 acres of property known as. Addison Acres, Abstract No. A45 Litton, located at 5599 FM 535, Cedar Creek, Texas in Bastrop County. Council Member Fossler seconded the motion. 9I. Considerand act on Resolution No. R-2024-114, Denying the disannexation of land from the city's 1-mile extraterritorial jurisdiction, for 2.00 acres of property known as Nancy Blakey Abstract No. A98, located at 1285 West State Highway 71, Unit A, Bastrop, Texas in Bastrop County, Texas; upon request and providing for findings ofi fact, epealer.severability, effective date, proper  Motion carried unanimously.  notice, and meeting.  Submitted/Presented by: Vivianna Nicole Andres, Assistant to the City Manager  Citizen Comment(s) on this item:  Addressing the Council: Lisa Tantaksinanukij  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 60 of8    MOTIONTOTABLE: Council Member Meyer moved to table Item 9I, denying the disannexation of2.00 acres of property located at 1285 West State Highway 71, Unit A, for the property ownet/representative and City Manager to negotiate an easement for the property and bring this item back for approval at the next Council Meeting. Council Member Fossler seconded the motion. Motion carried unanimously.  10. EXECUTIVE SESSION  The City Council met at 8:40 p.m. in a closed/executive session pursuant to the' Texas 10A. The City Council shall convene in to Closed Executive Session under Government  Government Code, Chapter 551, et seq, to discuss the following:  Code:  Section 551.071(1)(A) Consultations with the Attorney - on pending or contemplated litigation. Eminent domain proceedings pending in the Section 551.072 Deliberations about Real Property - to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the Case. No. 20-20464 City of Bastrop V. Palms Property, LLC; Case No. 20-20462 City of Bastrop V. Baham Interests Limited. Partnership; Case No. 23-32837 Cityof Bastrop V. Erhard. Legacy Partners, LTD. and Case No. 21-20690 City of Bastrop V. Reid Sharp and Cindy Sharp.  Bastrop County Court at Law No. 1; and  government body in negotiations with a third person:  10B. The City Council shall convene in to Closed Executive Session under Government Code Section 551.071(1)(A) Consultations with Attorney - on pending or contemplated litigation regarding engineering and construction contracts related to  the Wastewater Treatment Plant #3.  Mayor Nelson recessed the Executive Session and reconvened the Open Session at 9:17 p.m. 11. TAKE. ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED  FOR CONSIDERATION IN CLOSED/EXEXECUTIVE SESSION.  10A. The City Council shall convene in to Closed Executive Session under Government  Code:  Section 551.071(I)(A) Consultations with the Attorney on pending or contemplated litigation. Eminent domain proceedings pending in the Section 551.072 Deliberations about Real Property - to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the  Bastrop County Court at Law No. 1; and  government body in negotiations with at third person:  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page7of8    Case. No. 20-20464 City of Bastrop V. Palms Property, LLC; Case No. 20-20462 Cily of Bastrop V.. Baham Interests Limited Partnership; Case No. 23-32837 Cily of Bastrop V. Erhard. Legacy Partners, LTD. and Case. No. 21-20690 City of Bastrop V.. Reid Sharp and Cindy, Sharp.  (1) MOTION: Council MemberI Lee moved to authorize the City Manageri in consultation with the City Attorney's Office to execute a settlement agreement and all necessary documents to resolve the matters ofCity of] Bastrop v. Palms Property, LLC, Casel No. 20- 20464, and City of Bastrop V. Baham Interests Limited Partnership, Case No. 20-20462 based on the proposed settlement value of$272, 956. Council Member Plunkett seconded (2) MOTION: Council Member Meyer moved to authorize the City Manager in consultation with the City Attorney's Office to execute a settlement agreement and all necessary documents to resolve the matter of City of Bastrop V. Erhard Legacy Partners, LTD, Case No. 23-32837, based on the proposed settlement for an additional payment of $40,876 and no cents to the property owner. Council Member Plunkett seconded the 10B. The City Council shall convene in to Closed Executive Session under Government Code Section 551.071(1)(A) Consultations with Attorney - on pending or contemplated litigation regarding engineering and construction contracts related to  the motion. Motion carried unanimously.  motion. Motion carried unanimously.  the Wastewater Treatment Plant #3.  MOTION: Mayor Pro Tem Kirkland moved to authorize the City Manager to send a letter to KSA Engineering consistent with the discussion in Executive Session terminating the contract for convenience. Council Member Fossler seconded the motion. Motion carried  unanimously. 12. ADJOURNMENT  Upon receiving a motion and a second to adjourn, the August 27th Regular Meeting, the  meeting was adjourned at 9:21 p.m. without objection.  CITY OF BASTROF,TEXAS Lyle Nelson, Mayor A  ATTEST:  bB  Victoria Psencik, Assistant City Secretary  City of Bastrop, Texas  August 27, 2024 Regular City Council Meeting Minutes  Page 8of8