City Council Meeting

REGULAR COUNCIL MINUTES JANUARY 25, 2022 JANUARY 25, 2022 The Bastrop City Council met in a regular meeting on Tuesday, January 25, 2022, at 5:00 p.m. at the Bastrop City Hall Council Chambers, located at 1311 Chestnut Street, Bastrop, Texas. Members present were: Mayor Schroeder and Council Members Jackson, Crouch, Rogers, and Peterson. Officers present were City Manager, Paul A. Hofmann; City Secretary, Ann Franklin; and City Attorney, Alan Bojorquez. CALL TO ORDER - EXECUTIVE SESSION Mayor Schroeder called the meeting to order at 5:00 p.m. with a quorum present. Mayor Pro Tern Nelson was absent. EXECUTIVE SESSION The City Council met at 5:01 p.m. in a closed/executive session pursuant to the Texas Government Code, Chapter 551, et seq, to discuss the following: 2B. City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 to seek the advice of legal counsel regarding State of Texas v. James Robert Crouch, Cause No. 20211193, Notice of Ordinance Violation for Working without a Permit at 602 Martin Luther King, Jr. Drive, Bastrop, Texas, including a briefing on the assignment of a visiting judge, appointment of an outside prosecutor, upcoming jury trial, and related expenses. Mayor Schroeder recessed the Executive Session at 6:00 p.m. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSED/EXECUTIVE SESSION No action taken. MAYOR'S STATE OF THE CITY ADDRESS-6:00 P.M. CALL TO ORDER-REGULAR SESSION Mayor Schroeder called the Regular Council Meeting to order at 6:30 p.m. Mayor Pro Tern Nelson was absent. PLEDGE OF ALLEGIANCE Charlee Torres, Bastrop Intermediate School Debate/Government Club, led the Pledge of Allegiance. INVOCATION Mayor Schroeder, gave the invocation. PRESENTATIONS 8A. Mayor's Report 8B. Council Members' Report BC. City Manager's Report Page 1 of6 REGULAR COUNCIL MINUTES JANUARY 25, 2022 80. Receive Annual Racial Profiling Report from the Bastrop Police Department. (Submitted by: Clint Nagy, Chief of Police) The presentation was made by Clint Nagy, Chief of Police. ITEMS FOR INDIVIDUAL CONSIDERATION 13A. Consider action to approve Resolution No. R-2022-22 of the City Council of the City of Bastrop, Texas confirming the Youth Advisory Council appointments of the Mayor, as required in Section 3.08 of the City Charter; providing for a repealing clause; and establishing an effective date. (Submitted by: Rebecca Gleason, Assistant City Manager) Members were sworn in by Mayor Schroeder. STAFF AND BOARD REPORTS 10A. Receive presentation on the unaudited Monthly Financial Report for the period ending December 31, 2021. (Submitted by: Tracy Waldron, Chief Financial Officer) The presentation was made by Tracy Waldron, Chief Financial Officer. Mayor Schroeder recessed the Council Meeting at 7:24 p.m. Mayor Schroeder called the Council Meeting back to order at 7:27 p.m. WORK SESSION/BRIEFINGS - NONE CITIZEN COMMENTS Willie Peterson CONSENT AGENDA A motion was made by Council Member Jackson to approve Items 12A, 12B, 12C, 120, 12E, and 12F as listed on the Consent Agenda after being read into the record by City Secretary, Ann Franklin. Seconded by Council Member Peterson, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 12A. Consider action to approve City Council minutes from the January 11, 2022, Regular meeting. (Submitted by: Ann Franklin, City Secretary) 12B. Consider action to approve the second reading of Ordinance No. 2022-02 to approve a change in the zoning for 78.128 acres out of land out of Bastrop Business and Industrial Park, Phase 1, Block A, Lot 1 from P2 Rural to P-EC Employment Center, and establish the Bastrop Business and Industrial Park Zoning Concept Scheme on 146.213 acres in the Bastrop Business and Industrial Park Subdivision, with the condition of adding a 75-foot greenbelt buffer along the south and east sides of the park in which trees cannot be removed, located south of SH 71, within the city limits of Bastrop, Texas, , as shown in Exhibit A, providing for findings of fact, adoption, repealer, severability, and enforcement; establishing and effective date; and proper notice and meeting. (Submitted by: Jennifer C. Bills, Director of Planning & Development) Page 2 of6 REGULAR COUNCIL MINUTES JANUARY 25, 2022 12C. Consider action to approve Resolution No. R-2022-16 of the City Council of the City of Bastrop, Texas to approve the Bastrop Police Department to apply for a grant from the Office of the Governor - Criminal Justice Division (OG-DOJ) Grant for a crime scene vehicle, with no matching funds from the City of Bastrop; at a total cost of seventy-four thousand seven hundred forty-five dollars and forty-five cents ($74,745.45); authorizing the Chief of Police as the Grantee's Authorized Official; providing for a severability clause and establishing an effective date. (Submitted by: Clint Nagy, Chief of Police) 12D. Consider action to approve Resolution No. R-2022-16 of the City Council of the City of Bastrop, Texas to approve a Standard Contract with Arch Technical Services, LLC (ATS} for thirty-party building review and inspection services in an amount not to exceed Eight Hundred Thousand Dollars and 00/100 Cents ($800,000.00); authorizing the City Manager to execute all necessary documents, providing for a repealing clause; and establishing an effective date. (Submitted by: Jennifer C. Bills, Director of Planning & Development) 12E. Consider action to approve Resolution No. R-2022-18 of the City Council of the City of Bastrop, Texas to approve a Standard Contract with SAFEbuilt, LLC for third-party building review and inspection services in an amount not to exceed Six Hundred Fifty Thousand Dollars and 00/100 Cents ($650,000.00); authorizing the City Manager to execute all necessary documents, providing for a repealing clause; and establishing an effective date. (Submitted by: Jennifer C. Bills, Director of Planning & Development) 12F. Consider action to approve Resolution No. R-2022-19 of the City Council of the City of Bastrop, Texas approving a Public Improvement Plan Agreement with JOT Holdings LLC for Legends Cove, Section Two, as attached in Exhibit A; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date. (Submitted by: Jennifer C. Bills, Director of Planning & Development) ITEMS FOR INDIVIDUAL CONSIDERATION CONTINUED 13A. Consider action to approve Resolution No. R-2022-22 of the City Council of the City of Bastrop, Texas confirming the Youth Advisory Council appointments of the Mayor, as required in Section 3.08 of the City Charter; providing for a repealing clause; and establishing an effective date. (Submitted by: Rebecca Gleason, Assistant City Manager) A motion was made by Council Member Rogers to approve Resolution No. R-2022- 22, seconded by Council Member Peterson, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13B. Consider action to approve Resolution No. R-2022-23 of the City Council of the city of Bastrop, to approve the City of Bastrop to receive a grant from the St. David's Foundation for a two-hundred and fifty thousand dollars and no cents ($250,000) in contribution to the City of Bastrop Parks & Recreation Master Plan; authorizing the City Manager to sign a Grant Agreement on behalf of the City; providing for a severability clause and establishing an effective date. (Submitted by: Rebecca Gleason, Assistant City Manager) Page 3 of6 REGULAR COUNCIL MINUTES JANUARY 25, 2022 Presentation was made by Rebecca Gleason, Assistant City Manager. A motion was made by Council Member Jackson to approve Resolution No. R- 2022-23, seconded by Council Member Crouch, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13C. Consider action to approve Resolution No. R-2022-15 of the City of Bastrop, Texas approving the Bastrop Police Department to apply for a grant from the U.S. Department of Justice's 2022 General Victims Assistance Grant Program for a Victim's Assistance Specialist at a total cost of sixty-two thousand three hundred and seventy-six dollars and eighty-seven cents ($62,376.87) with no matching funds from the City of Bastrop; authorizing the Chief of Police as a the grantee's authorized official; providing for a severability clause; and establishing an effective date. (Submitted by: Clint Nagy, Chief of Police) Presentation was made by Clint Nagy, Chief of Police. A motion was made by Council Member Rogers to approve Resolution No. R-2022- 15, seconded by Council Member Crouch, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13D. Consider action to approve Resolution No. R-2022-09 of the City Council of the City of Bastrop, Texas, calling for and establishing the procedures for a May 7, 2022, General Election for Bastrop, Texas; and providing an effective date. (Submitted by: Ann Franklin, City Secretary) Presentation was made by Ann Franklin, City Secretary. A motion was made by Council Member Peterson to approve Resolution No. R- 2022-09, seconded by Council Member Rogers, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13E. Consider action to approve Ordinance No. 2022-03 of the City Council of the City of Bastrop, Texas, calling for and establishing the procedures for a May 7, 2022, Special Election for the purpose of amending the Home Rule Charter; and providing an effective date. (Submitted by: Ann Franklin, City Secretary) Presentation was made by Alan Bojorquez, City Attorney. A motion was made by Council Member Jackson to approve the first reading of Ordinance No. 2022-03, and to include on the February 8, 2022, agenda, seconded by Council Member Rogers, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13F. Consider action to approve Resolution No. R-2022-10 of the City Council of the City of Bastrop, Texas, approving a Joint Agreement between the City of Bastrop (City) and Bastrop County, Bastrop Independent School District (BISD), Bastrop-Travis Counties Emergency Services District No. 1, City of Elgin, City of Smithville, Elgin Independent School District (EISD), Bastrop County Emergency Services District No. 2, Smithville Independent School District (SISD), and Bastrop County Water Control and Improvement District #2 for the May 7, 2022 Special and General Election for Bastrop, Texas, attached as Exhibit A; authorizing the City Manager to execute all Page 4 of6 REGULAR COUNCIL MINUTES JANUARY 25, 2022 necessary documents; and providing an effective date. (Submitted by: Ann Franklin, City Secretary) Presentation was made by Ann Franklin, City Secretary. A motion was made by Council Member Rogers to approve Resolution No. R-2022- 10, seconded by Council Member Peterson, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13G. Consider action to approve Resolution No. R-2022-11 of the City Council of the City of Bastrop, Texas, approving a contract for election services between the Elections Administrator of Bastrop County and the City of Bastrop for the May 7, 2022, Special and General Election for Bastrop, Texas, attached as Exhibit A; authorizing the City Manager to execute all necessary documents; and providing an effective date. (Submitted by: Ann Franklin, City Secretary) Presentation was made by Ann Franklin, City Secretary. A motion was made by Council Member Rogers to approve Resolution No. R-2022- 11, seconded by Council Member Jackson, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 13H. Consider action to approve Resolution No. R-2022-21 of the City Council of the City of Bastrop, Texas confirming appointment by the Mayor of Eva Ballard to Place 1 of the Bastrop Housing Authority, as required in Section 3.08 of the City's Charter, and establishing an effective date. (Submitted by: Ann Franklin, City Secretary) Presentation was made by Ann Franklin, City Secretary. A motion was made by Council Member Crouch to approve Resolution No. R-2022- 21, seconded by Council Member Jackson, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. 131. Consider action to approve Resolution No. R-2022-12 of the City Council of the City of Bastrop, Texas, appointing Mayor Connie Schroeder as the City of Bastrop's Clean Air Coalition representative, as required in Article II of the Clean Air Coalition of the Capital Area Council of Governments by-laws; and establishing an effective date. (Submitted by: Paul A. Hofmann, City Manager) A motion was made by Council Member Peterson to approve Resolution No. R- 2022-12, seconded by Council Member Crouch, motion was approved on a 4-0 vote. Mayor Pro Tern Nelson was absent. EXECUTIVE SESSION The City Council met at 8:11 p.m. in a closed/executive session pursuant to the Texas Government Code, Chapter 551, et seq, to discuss the following: 2A. City Council shall convene into closed executive session pursuant to Texas Government Code Sections 551.071 and 551.072, to seek the advice of legal counsel, and to deliberate upon the acquisition of real property interests associated with the construction of Wastewater Treatment Plant #3 at 385 SH 304, Unit B, Bastrop, TX 78602, and its collections systems, including all related agreements, authorizations, easements, resolutions, and associated legal actions. Page 5 of6 REGULAR COUNCIL MINUTES JANUARY 25, 2022 2C. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.072 to seek the advice of legal counsel regarding the purchase, exchange, lease, or value of real property in the City Limits for possible parkland, drainage, or open space purposes. Mayor Schroeder recessed the Executive Session at 8:41 p.m. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSED/EXECUTIVE SESSION No action taken. Adjourned at 8:41 p.m. without objection. The Minutes were approved on February 8, 2022, by Council Member Jackson's motion, Council Member's Crouch second. The motion was approved on a 5-0 vote. Page 6 of 6