CITY OF BASTROP BASTROP CITY COUNCIL REGULAR CITY COUNCIL MEETING MINUTES Tuesday, March 25, 2025 The Bastrop City Council met in a Regular Meeting on Tuesday, March 25, 2025, 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 Staff Present Mayor Pro-Tempore John Kirkland City Manager Sylvia Carrillo-Trevino Council Member Cynthia Meyer Assistant City Manager Andres Rosales Council Member Cheryl Lee Interim Assistant City Attorney Stanley Springerley Council Member Kerry Fossler Assistant City Secretary Victoria Psencik Council Member Kevin Plunkett Assistant to City Manager Vivianna Andres Finance Director Judy Sandrussi Assistant Finance Director Laura Allen Development Services Director James Cowey Council Members Absent Police Chief Vicky Steffanic Mayor Lyle Nelson * resigned 1/14/2025 Public Works Director John Eddleton Public Information Officer Colin Guerra Library Director Bonnie Pierson Director of Engineering Tiger Davis Parks and Recreation Director Terry Moore Water & Wastewater Director Curtis Hancock 1. CALL TO ORDER With a quorum being present Mayor Pro-Tempore Kirkland called the Regular City Council meeting to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE - United States of America and Texas Flags LaVonn Bidel and Parker Runnels, members of the Emile Elementary SWAT Team, led the Pledge of Allegiance. 3. INVOCATION City of] Bastrop Police Chaplain Hardy Overton delivered the Invocation. 4. EXECUTIVE SESSION Mayor Pro-Tempore Kirkland closed the Open Meeting to convene the City Council into Executive (Closed) Session at 6:36 p.m. pursuant to Texas Government Code, Chapter 551 as follows: Mayor Pro-Tempore Kirkland announced that Item 4A will not be discussed in Executive City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 1 of9 Session and therefore was not read aloud. 4A. Section 551.071 and Section 551.072 to seek the advice of legal counsel and to deliberate regarding the proposed real estate acquisition of a waterline easement across property located at 243 State Highway 304, related to the Westside Collection System Project. 4B. Sections 551.071 and 551.072 to seek the advice of legal counsel regarding acquisitions of real estate related to the West Side Collection System Project and Agnes Street; and pending litigation in the following pending proceeding in the Bastrop County Court at Law No. 1: Cause No. 20-20284 and Cause No. 23-21970, City of Bastrop V. John A. & Tina T. Nixon. 4C. Section 551.071 to seek the advice oflegal counsel regarding the findings of the forensic accounting audit in the matter of City of Bastrop V. KSA Engineers. Mayor Pro-Tempore Kirkland added Item 11A (A) from ITEMS FOR INDIVIDUAL CONSIDERATION to the Executive Session under Section 551.071 to seek the advice of legal counsel. 11A. A. Consider and act on the second reading ofOrdinance No. 2025-31, authorizing the appointment of Caroline A. McClimon, JD, as Presiding Municipal Judge of the City of Bastrop Municipal Court; and appointing said Judge for a 2-year term effective March 11, 2025. 5. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSEDIEXECUTIVE SESSION. 4B. Sections 551.071 and 551.072 to seek the advice oflegal counsel regarding acquisitions of real estate related to the West Side Collection System Project and Agnes Street; and pending litigation in the following pending proceeding in the Bastrop County Court at Law No. 1: Cause No. 20-20284 and Cause No. 23-21970, City of Bastrop V. John A. & Tina T. Nixon. 4C. Section 551.071 to seek the advice of legal counsel regarding the findings of the forensic accounting audit in the matter of City of Bastrop V. KSA Engineers. 11A. A. Consider and act on the second reading of Ordinance No. 2025-31, authorizing the appointment of Caroline A. McClimon, JD, as Presiding Municipal Judge of the City of Bastrop Municipal Court; and appointing said Judge for a 2-year term effective March 11, 2025. Mayor Pro-Tempore Kirkland reconvened the City Council into the Open Session at 6:52 p.m. Mayor Pro-Tempore Kirkland called for any action as a result ofthe Executive Session. City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 2 of9 (Item 4B) MOTION: Council Member Fossler moved to direct legal counsel to finalize and execute the settlement agreement regarding proceedings in the Bastrop County Court at Law No. 1: Cause No. 20-20284 and Cause No. 23-21970, City of Bastrop V. John A. & Tina T. Nixon. Council Member Plunkett seconded the motion. Motion carried unanimously. (Item 4C) MOTION: Council Member Meyer moved to approve the findings as presented in the Vertex Company's audit report regarding payment to KSA. Council Member Lee seconded the motion. Motion carried unanimously. 11. ITEMS FOR INDIVIDUAL CONSIDERATION 11A. A. Consider and act on the second reading ofOrdinance No. 2025-31, authorizing the appointment of Caroline A. McClimon, JD, as Presiding Municipal Judge of the City of] Bastrop Municipal Court; and appointing said Judge for a 2-year term effective March 11, 2025. Submitted by: Andres Rosales, Assistant City Manager MOTION: Council Member Plunkett moved to approve the second reading of Ordinance No. 2025-31 with the amendment of striking Section 4 of the Ordinance as it is irrelevant and re-numbering the Sections accordingly. Council Member Meyer seconded the motion. Motion carried unanimously. B. Swearing Oath of Office of Presiding Municipal Judge Caroline A. McClimon, JD, by The Honorable Chris Duggan, State District Judge, District 423. Judge Chris Duggan performed the Oath of Office and Statement of Appointed Officer for Presiding Municipal Judge Caroline A. McClimon. 6. PRESENTATIONS 6A. Mayor Pro Tem's Report 6B. Council Members' Report Editor's Note: Council. Member Fossler announced that she filed a Conflict of Interest Statement with the Assistant City Secretary regarding Item 6C letter E (North End. Prairie Townhall Meeting 3.31.25 at 6 pm Convention Center) on the City Manager's Report; and has recused herself from the discussion of this item. A copy oft the signed Conflict of Interest Statement is attached hereto and made a part ofthese minutes as Exhibit. A.] 6C. City Manager's Report A. Citywide Clean Sweep City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 3 of9 B. Comprehensive Plan Update & Workshop - April 24th at City Hall - 4-6 pm, Public and Planning and Zoning Joint City Council work session at 6 pm C. TML Midyear and Legislative Update D. Microchipping Open House April 2, 2025 at 530 - 7 pm - City Hall E. North End Prairie Townhall Meeting 3.31.25 at 6 pm Convention Center (Council Member Fossler recused herself when this item was discussed) F. Wastewater tour - Castroville and Buda G. Finance Director - Judy Sandrussi H. Historic Bridge update I. Road Maintenance Update J. City Secretary Update 6D. PROCLAMATION - 2025 National Wildlife Foundation Mayors' Monarch Pledge. Submitted by: Terry Moore, Parks and Recreation Director / Victoria Psencik, Assistant City Secretary The proclamation was read and signed by Mayor Pro-Tempore Kirkland. 7. WORK SESSIONS / BRIEFINGS 7A. Wastewater Workshop Summary Submitted and Presented by: Curtis Hancock, Water and Wastewater Department Director No action was taken on Item 7A. 8. FINANCIAL TRANSPARENCY AND BUDGET PREPARATION 8A. Receive a presentation on the unaudited financial statement as of] February 28, 2025. Submitted and Presented by: Laura Allen, Assistant Finance Director No action was taken on Item 8A. 8B. Review and discuss the Bastrop Public Library and the Streets and Drainage Fund. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager Presented by: Bonnie Pierson, Library Director (Library portion) Presented by: John Eddleton, Public Works Director (Streets/Drainage portion) No action was taken on Item 8B. City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 4 of9 9. CITIZEN COMMENT(S) Citizen(s) addressing the City Council on an item, not on the agenda: Debbie Moore, Herb Goldsmith, Ingrid Cuero, and Heather Greene. Submitted a comment but did not wish to speak - Isabel Leal, Victoria Leal, Mari Juarez, Linda Ramon, Orfalinda Ramon, Ricky Merino, Bill Hanson, Pamela Harden, Chelsea Moore, Nick and Rosie Pacheo. 10. CONSENT AGENDA 10B. Consider and act on the second reading ofOrdinance No. 2025-30, amending thel FY 202425 budget by reducing the Hotel Occupancy Tax (HOT) Reserve amount by $350,000 and increasing the Hotel Occupancy Tax (HOT) Fund operating expenses by $350,000. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager 10C. Consider and act on Resolution No. R-2025-65.approving the Eleventh Amended Bylaws of the Bastrop Economic Development Corporation. Submitted by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager and BEDC Interim Executive Director 10D. Consider and act to approve the Bastrop City Council meeting minutes from Tuesday, March 11, 2025, Regular Meeting. Submitted by: Victoria Psencik, Assistant City Secretary Mayor Pro-Tempore Kirkland called for requests to remove any item from the Consent Agenda for separate discussion. Mayor Pro-Tempore Kirkland pulled Item 10A due to the submitted citizens' comments for this item. Council Member Fossler requested that Items 10E and 10F be removed from the Consent Agenda for a separate discussion and vote. MOTION: Council Member Fossler moved to approve the Consent Agenda Item 10B as presented after being read into the record by Mayor Pro-Tempore Kirkland and Consent Agenda Items 10C and 10D as presented. Council Member Lee seconded the motion. Motion carried unanimously. * * * * * 10E. Consider and act on Resolution 2025-71 awarding a $20,000 grant from the Hotel Occupancy Tax Fund to SRE Promotions, LLC for the event known as the Corvette Invasion. Submitted and Presented by: Sylvia Carrillo, ICMA-CM, CPM, City Manager City ofBastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 5 of9 MOTION: Council Member Plunkett moved to approve Resolution No. R-2025-71 as presented. Council Member Fossler seconded the motion. Motion carried unanimously. * * * * * 10F. Consider and act on Resolution No. R-2025-66, approving a Public Improvement Plan Agreement with Longhorn Opportunity Fund, for Pecan Park Commercial Block 8, Lots 2-4 & 6-7, as attached in Exhibit A. Submitted and Presented by: Andres Rosales, Assistant City Manager MOTION: Council Member Lee moved to approve Resolution No. R-2025-66 with the change of updating the Public Improvement Plan Agreement to include the current Master Fee Schedule. Council Fossler seconded the motion. Motion carried unanimously. * * * * * 10A. Consider and act on the second reading of Ordinance No. 2025-28, amending the Master Fee Schedule for tree mitigation fees and amending the Code of Ordinances Chapter 1 "General Provisions", . adding Section 1.13.05 "Trees on Private Property"; amending the Bastrop Building Block (B3) Code, Section 6.3.004 "Protected & Heritage Trees, adding subsection (i) Administrative Decision; establishing fees and the penalty for violation. Submitted and Presented by: James E. Cowey, Director of Development Services Citizen Comments submitted specifically to Item 10A: Herb Goldsmith ORIGINAL MOTION: Council Member Meyer moved to approve the second reading of Ordinance No. 2025-28 as presented. Council Member Plunkett seconded the motion. Council Member Meyer (original motion maker) moved to amend the original motion (listed above) to table Item 10A, the second reading ofOrdinance No. 2025-28, to the next Regular Council Meeting on April 8, 2025. Council Member Plunkett (seconder) accepted the amended motion. REVISED MOTION: Council Member Meyer moved to table Item 10A, the second reading of Ordinance No. 2025-28, to the next Regular Council Meeting on April 8, 2025. Council Member Plunkett seconded the motion. Motion carried unanimously. * * * * * 11. ITEMS FOR INDIVIDUAL CONSIDERATION, continued 11B. Conduct a public hearing, consider and act on the first reading of Ordinance No. 2025-34, for a Zoning Concept Scheme request to rezone the project site City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 6 of9 from P5 Core to Planned Development District ("PDD") with a base district of P5 Core, for the area described as being 43.112 +/- acres out of the Nancy Blakey Survey, Abstract 98, located at 540 W SH' 71 Bastrop, TX 78602, within the city limits of Bastrop, Texas; and move to include on the April 8, 2025, Consent Agenda for the second reading. Submitted by: James E. Cowey, Director of] Development Services Presented by: Andres Rosales, Assistant City Manager Presented by: Sarah Boza, Pharis Design Mayor Pro-Tempore Kirkland opened the Public Hearing at 9:33 p.m. for the Zoning Concept Scheme Rezone Request listed in Item 11B. Public Hearing: No comments were submitted. Mayor Pro-Tempore Kirkland closed the Public Hearing at 9:33 p.m. for the Zoning Concept Scheme Rezone Request listed in Item 11B. ORIGINAL MOTION: Council Member Plunkett moved to approve the first reading of Ordinance No. 2025-34 as presented and to include on April 8, 2025 Consent Agenda for the second reading. Council Member Lee seconded the motion. Council Member Plunkett (original motion maker) moved to make an amendment to the original motion to add a "Traffic Impact Analysis must be completed before platting" to Ordinance No. 2025-34. Council Member Lee (seconder) accepted the friendly amendment. REVISED MOTION: Council Member Plunkett moved to approve the first reading of Ordinance No. 2025-34 with the addition of a Traffic Impact Analysis must be completed before platting and to include on the April 8, 2025 Consent Agenda for the second reading. Council Member Lee seconded the motion. Motion carried unanimously. 11C. A. Conduct a public hearing and consideration of Ordinance No. 2025-38 Levying Special Assessments For, And Apportioning The Costs Of, Certain Improvements To Property In And For The Valverde Public Improvement District Improvement Area #1; Fixing A Charge And Lien Against All Properties Within The District, And The Owners Thereof; Providing For The Manner And Method Of Collection OfSuch Assessments; Making A Finding Of Special Benefit To Property In The District And The Real And True Owners Thereof; Approving A Service And Assessment Plan; Providing A Severability Clause; And Providing An Effective Date. Submitted and Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 7of9 Mayor Pro-Tempore Kirkland opened the Public Hearing at 9:33 p.m. for the Valverde Public Improvement District Improvement Area #1 listed in Item 11C letter A. Public Hearing: No comments were submitted. Mayor Pro-Tempore Kirkland closed the Public Hearing at 9:33 p.m. for the Valverde Public Improvement District Improvement Area #1 listed in Item 11C letter A. Item 11C (A) MOTION: Council Member Lee moved to approve the first reading of Ordinance No. 2025-38 as presented and to include on April 8, 2025 Consent Agenda for the second reading. Council Member Plunkett seconded the motion. B. Consideration of Ordinance No. 2025-39 Authorizing The Issuance Of The "City Of Bastrop, Texas Special Assessment Revenue Bonds, Series 2025 (Valverde Public Improvement District Improvement Area #1 Project)"; Approving And Authorizing An Indenture Of Trust, A Bond Purchase Agreement, An Offering Memorandum, A Continuing Disclosure Agreement And Other Agreements And Documents In Connection Therewith; Making Findings With Respect To The Issuance Of Such Bonds; And Providing An Effective Date. Submitted and Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager Item 11C (B) MOTION: Council Member Plunkett moved to approve the first reading of Ordinance No. 2025-39 as presented and to include on April 8, 2025 Consent Agenda for the second reading. Council Member Meyer seconded the motion. 11D. Consider and act on the first reading ofOrdinance No. 2025-37.amending the Bastrop Code of Ordinances Chapter 13 - Utilities, Article 13.02 Water and Wastewater Rates and Charges, Section 13.02.003 Sewer Connection and Tapping Fees, by enacting Section 13.02.003 (b)(1-13);and move to include on the April 8, 2025 Consent Agenda. Submitted and Presented by: Vivianna Nicole Andres, Assistant to the City Manager MOTION: Council Member Plunkett moved to approve the first reading ofOrdinance No. 2025-37 as presented and to include on April 8, 2025 Consent Agenda for the second reading. Council Member Meyer seconded the motion. 11E. Consider and act on Ordinance No. 2025-40 to amend the B3 Technical Manual Table 1.4.001A, Development Application Approval Process. City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 8 of9 Submitted and Presented by: Sylvia Carrillo-Trevino, ICMA-CM, CPM, City Manager MOTION: Council Member Meyer moved to approve the first reading of Ordinance No. 2025-40 as presented and to include on April 8, 2025 Consent Agenda for the second reading. Council Member Lee seconded the motion. 12. ADJOURNMENT Upon receiving a motion duly made and seconded to adjourn, the March 25th Regular Meeting was adjourned at 9:59 p.m. CITY OF BASTROP, TEXAS ALKOL Johryirkland, Mayor Pro-Tempore ATTEST: R aozt Victoria Psencik, Assistant City Secretary City of Bastrop, Texas March 25, 2025 Regular City Council Meeting Minutes Page 9 of9 Exhiboit A BASTBOPIX "let CONFLICT OF INTEREST STATEMENT I, Kerry L. Fossler al local public official ofthe City ofBastrop, Ipriateinunee felint Texas (the City), make this affidavit and hereby on oath state the following: Action being contemplated by the (please circle) City Council or Board/Commission at the 3/25/2025 Meeting, Agenda Item 6CE may have an effect on a business entity or real property in which I have an interest. Such interest may be a substantial interest" as that term is defined in Chapter 171 ofthe Texas Local Government Code. The-aetion baingsememphatsémyhaerpafoirfeertehaunaremtiyorratpopety lisingpuiahable-fiomaheetenthepublis. Not applicable for Bastrop Code of Ethics 1. The business entity or real property in which I have an interest is described as follows (name; address; or lot description): 2nd degree relative (sibling) ownership of: Farm Lot, BLOCK 13 E M ST, ACRES 3.962 (Property ID 126740), PECAN STREET BASTROP LLC, HOMES FOR GOOD FOUNDATION second degree2 2. The nature and extent of my interest in the business entity or real propérty is herein described by stating that either I or a person related to me in the first-degree by consanguinity (blood) or affinity (marriage), as determined by Chapter 573 of the Texas Government Code (check all that apply): X own 10% or more of the voting stock or shares oft the business entity; X own 10% or more ofthe fair market value oft the business entity; own $15,000 or more ofthe fair market value ofthe business entity; and/or received funds that exceed 10% of gross income for the previous year; X has an equitable or legal ownership in real property with a fair market value of$2,500 or more. 3. Alternatively, even ifI do not have a "substantial interest" as defined by Chapter 171 of the Texas Local Government Code, I am filing this affidavit sO to avoid the appearance of impropriety. My interest may be described as follows: Ido not personally have a "substantial interest" in the disclosed entities and property, but relatives within the 3rd degree (as defined in the Bastrop Code of Ethics) have a P3 developmenlasubdivision matter pending matter before city staff, with original application filed on 8/08/2022. Their matter may never come before City Council, butTam disclosing and recusing myself from City Manager Report UPDATE 6CE because it is specific to their property, even though it's a report and not an actionable agenda item. This disclosure includes the previous calendar year, and up to any future date at which the pending matter might come before City Council. *** AFFIDAVIT *** Upon the filing ofthis affidavit with the City/Board Secretary, Iaffirm that I shall abstain from any discussion, vote, or decision involving this business entity or real property unless a majority ofthe members ofthe governmental entity of which] I am a member is likewise required to file and has filed affidavits declaring similar interests on the: same official action. SIGNED this 25 day of Mar d 2025. SignafireoAfiant SWORN TO AND SUBSCRIBED BEFORE ME on this the 251 day of maich 2025 - Notary Public in and for the State ofTexas VICTORIAANN PSENCIK Commission 2 Notary ID #132927966 My Expires: 116/2029 My CommisionExpires. February 16, 2029 FORM: Conflict of Interes) City Secretary 9_2024