Regular City Council Meeting

Bastrop, TX City Council Meeting Agenda Bastrop City Hall City Council Chambers 1311 Chestnut Street Bastrop, TX 78602 (512) 332-8800 February 28, 2023 Regular City Council Meeting at 6:30 PM Executive Session 5:00 p.m. Regular Council Meeting 6:30 p.m. City of Bastrop City Council meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary at (512) 332-8800 or write 1311 Chestnut Street, 78602, or by calling through a T.D.D. (Telecommunication Device for the Deaf) to Relay Texas at 1-800-735-2989 at least 48 hours in advance of the meeting. __________________________________________ The City of Bastrop reserves the right to reconvene, recess, or realign the Regular Session or called Executive Session or order of business at any time prior to adjournment. PLEASE NOTE: ANYONE IN ATTENDANCE WISHING TO ADDRESS THE COUNCIL MUST COMPLETE A CITIZEN COMMENT FORM AND GIVE THE COMPLETED FORM TO THE CITY SECRETARY PRIOR TO THE START OF THE CITY COUNCIL MEETING. ALTERNATELY, IF YOU ARE UNABLE TO ATTEND THE COUNCIL MEETING, YOU MAY COMPLETE A CITIZEN COMMENT FORM WITH YOUR COMMENTS AT CITYOFBASTROP.ORG/CITIZENCOMMENT AT LEAST TWO HOURS BEFORE THE MEETING STARTS ON THE REQUESTED DATE. COMMENTS SUBMITTED BY THIS TIME WILL BE GIVEN TO THE CITY COUNCIL DURING THE MEETING AND INCLUDED IN THE PUBLIC RECORD, BUT NOT READ ALOUD. COMMENTS FROM EACH INDIVIDUAL IN ATTENDANCE WILL BE LIMITED TO THREE (3) MINUTES. 1. CALL TO ORDER - EXECUTIVE SESSION - 5:00 P.M. 2. EXECUTIVE SESSION 2A. City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.074 to seek the advice of legal counsel and discuss potential acquisition of real estate relating to the Simsboro Aquifer Water Treatment Plant, Well Field and Transmission Facilities project. Regular City Council Meeting Agenda February 28, 2023 Page 1 of 6 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 a Support Services Agreement, and Policy for the Bastrop Economic Development Corporation, and related matters. 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 and discuss potential acquisitions of real estate relating to the Agnes Street and Vista Puente Drive right of ways and related infrastructure, and another miscellaneous property. 2D. 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 consider amendment to an existing development agreement concerning the Colorado Bend project. 2E. 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 related to matters regarding an Interlocal Agreement with Bastrop County related to development review in the City’s extraterritorial jurisdiction also known as the (1445 agreement)and other areas necessary to the city of Bastrop. 2F. 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 to discuss a proposed development located at 1408 Chestnut. 2G. City Council shall convene into closed executive session pursuant to Texas Government Code Section 551.071 and Section 551.072 to seek the advice of legal counsel and to discuss the extension of a lease and deliberate the related terms of a new agreement for real property located in Fisherman’s Park. 3. TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION IN CLOSED/EXECUTIVE SESSION 4. CALL TO ORDER - REGULAR MEETING - 6:30 P.M. 5. PLEDGE OF ALLEGIANCE - Hannah Knobloch and Claire Culpepper, Cedar Creek Intermediate School, Student Council TEXAS PLEDGE OF ALLEGIANCE - Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. 6. INVOCATION - Bob Long, Police Chaplain 7. PRESENTATIONS 7A. Mayor's Report 7B. Council Members' Report 7C. City Manager's Report 7D. Quarterly Report Submitted by: Sylvia Carrillo, City Manager Regular City Council Meeting Agenda February 28, 2023 Page 2 of 6 8. WORK SESSIONS/BRIEFINGS - NONE 9. STAFF AND BOARD REPORTS 9A. Receive presentation on the unaudited Monthly Financial Report for the period ending January 31, 2023. Submitted by: Tracy Waldron, Chief Financial Officer 9B. Receive the Annual Comprehensive Financial Report for the period ending September 30,2022, which includes the independent auditor's report presented by the independent audit firm of Belt Harris Pechacek, LLP. Submitted by: Tracy Waldron, Chief Financial Officer 9C. Receive Annual Racial Profiling Report from the Bastrop Police Department. Submitted by: Vicky Steffanic, Interim Chief of Police 10. CITIZEN COMMENTS At this time, three (3) minute comments will be taken from the audience on any topic. Anyone in attendance wishing to address the Council must complete a citizen comment form and give the completed form to the City Secretary prior to the start of the City Council meeting. Alternately, if you are unable to attend the council meeting, you may complete a citizen comment form with your comments at www.cityofbastrop.org/citizencommentform at least two hours before the meeting starts on the requested date. Comments submitted by this time will be given to the City Council during the meeting and included in the public record, but not read aloud. In accordance with the Texas Open Meetings Act, if a citizen discusses any item not on the agenda, City Council cannot discuss issues raised or make any decision at this time. Instead, City Council is limited to making a statement of specific factual information or a recitation of existing policy in response to the inquiry. Issues may be referred to City Manager for research and possible future action. It is not the intention of the City of Bastrop to provide a public forum for the embarrassment or demeaning of any individual or group. Neither is it the intention of the Council to allow a member of the public to slur the performance, honesty and/or integrity of the Council, as a body, or any member or members of the Council individually or collectively, or members of the City’s staff. Accordingly, profane, insulting or threatening language directed toward the Council and/or any person in the Council’s presence will not be tolerated. 11. CONSENT AGENDA The following may be acted upon in one motion. A Council Member or a citizen may request items be removed from the Consent Agenda for individual consideration. 11A. Consider action to approve City Council minutes from the February 14, 2023, Regular meeting; February 21, 2023, Joint City Council and Parks Board meeting; and February 23, 2023, Special Called meeting. Submitted by: Ann Franklin, City Secretary Regular City Council Meeting Agenda February 28, 2023 Page 3 of 6 11B. Consider action to approve the second reading of Ordinance No. 2023-01 of the City Council of the City of Bastrop, Texas, amending the Bastrop Code of Ordinances, by adding new section 1.02.005 – Termination of Inactive Campaign Treasurer Appointment; providing for repealer and severability; establishing an effective date; proper notice and meeting. Submitted by: Ann Franklin, City Secretary 11C. Consider action to approve Resolution No. R-2023-28 of the City Council of the City of Bastrop, Texas confirming appointment by the Mayor of Isaac Merino, Place 5 of the Construction Standard Board, as required in Section 3.08 of the City's Charter, and establishing an effective date. Submitted by: Ann Franklin, City Secretary 11D. Consider action to approve the second reading of Ordinance No. 2023-03 of the City Council of the City of Bastrop, Texas, amending the Bastrop Code of Ordinances Article 1.04 regarding annual verification of attendance and residency for members of boards, commissions, task forces, committees and advisory bodies; and providing for: findings of fact, adoption, repealer, severability, establishing an effective date, proper notice and meeting. Submitted by: Sylvia Carrillo, City Manager 11E. Consider action to approve Resolution No. R-2023-29 of the City Council of the City of Bastrop, Texas to award an engineering service contract to provide engineering services for the City’s 2023-2024 Community Development Fund application and project-related engineering services if funded; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date. Submitted by: Tracy Waldron, Chief Financial Officer 11F. Consider action to approve Resolution No. R-2023-32 of the City Council of the City of Bastrop, Texas, designating authorized signatories for contractual documents and documents for requesting funds pertaining to the Texas Community Development Block Grant Program (TxCDBG); providing for a repealing clause; and establishing an effective date. Submitted by: Tracy Waldron, Chief Financial Officer 11G. Consider action to approve Resolution No. R-2023-31 of the City Council of the City of Bastrop, Texas authorizing the submission of a Texas Community Development Block Grant Program application to the Texas Department of Agriculture for the Community Development Fund; reaffirming various policies and procedures required in conformity with the Civil Rights Act, and the Fair Housing Act, as shown in Exhibit A; providing for a repealing clause and establishing an effective date. Submitted by: Tracy Waldron, Chief Financial Officer Regular City Council Meeting Agenda February 28, 2023 Page 4 of 6 12. ITEMS FOR INDIVIDUAL CONSIDERATION 12A. Consider action to approve Resolution No. R-2023-30 of the City Council of the City of Bastrop, Texas, recommending designating Bastrop Post Office, 1106 Main Street, Bastrop, Texas as “Sergeant Major Billy D. Waugh Post Office”. Submitted by: Sylvia Carrillo, City Manager 12B. Consider action to approve Resolution No. R-2023-23 approving appointment of Caroline A. McClimon, JD as Presiding Municipal Judge, Bastrop Municipal Court, City of Bastrop and approving a contract to provide services, attached as Exhibit A; providing for a repealing clause; and establishing an effective date. Submitted by: Tracy Waldron, Chief Financial Officer 12C. Consider action to approve Resolution No. R-2023-31, of the City Council, of the City of Bastrop, Texas, approving a Request for Qualifications be issued for one or more Associate Judges; in the Municipal Court of the City of Bastrop, providing for a repeal; and providing an effective date. Submitted by: Tracy Waldron, Chief Financial Officer. 12D. Consider action to approve Resolution No. R-2023-27 of the City Council of the City of Bastrop, Texas approving an agreement between the City of Bastrop and Bastrop River Company providing for a five year lease of a .52 acre portion of A11 Bastrop town tract, acres 5.100 (city park) located in Fisherman’s Park with an option to renew for three additional two-year term upon mutual agreement; authorizing the city manager to execute said lease agreement on behalf of the city; and declaring an effective date. Submitted by: Trey Job, Assistant City Manager 12E. Consider action to approve Resolution No. 2023-33 revising the agreement for subdivision plat regulation in the City of Bastrop’s ETJ in Bastrop County also known as the (1445 agreement); providing for repeal; and providing an effective date. Submitted by: Sylvia Carrillo, City Manager 12F. Consider action to approve the second reading of Ordinance No. 2023-02 of the City Council of the City of Bastrop, Texas, amending the Bastrop Code of Ordinances Article 1.04 regarding annual work plans for city boards, commissions, task forces, committees and advisory bodies; and providing for findings of fact, repealer, severability, codification, effective date, proper notice and meeting. Submitted by: Sylvia Carrillo, City Manager 12G. Consider action to approve amendments to the Development agreement between the City of Bastrop and Colorado Bend, LLC. Authorizing the City Manager to execute all necessary documents; providing for repeal; and providing an effective date. Submitted by: Sylvia Carrillo, City Manager Regular City Council Meeting Agenda February 28, 2023 Page 5 of 6 12H. Consider action to approve Resolution No. R-2023-34 of the City Council of the City of Bastrop, Texas, authorizing the ability to enter into a wholesale wastewater agreement with Corix Utilities Texas, LLC; 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: Trey Job, Assistant City Manager 13. ADJOURNMENT All items on the agenda are eligible for discussion and action unless specifically stated otherwise. The Bastrop City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), and 551.087 (Economic Development), and §551.086 (Competitive Matters regarding Electric Utility). I, the undersigned authority, do hereby certify that this Notice of Meeting as posted in accordance with the regulations of the Texas Open Meetings Act on the bulletin board located at the entrance to the City of Bastrop City Hall, a place of convenient and readily accessible to the general public, as well as to the City’s website, www.cityofbastrop.org and said Notice was posted on the following date and time: Friday, February 24, 2023, at 5:00 p.m. and remained posted for at least two hours after said meeting was convened. /s/Ann Franklin Ann Franklin, City Secretary Regular City Council Meeting Agenda February 28, 2023 Page 6 of 6