Regular City Council Meeting Tuesday, October 10, 2023 06:30 PM Bastrop City Hall City Council Chambers



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.

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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

2.PLEDGE OF ALLEGIANCE - Reese Romney & Jaxon Vuagniaux, Emile Elementary SWAT

TEXAS PLEDGE OF ALLEGIANCE - Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

3.INVOCATION - Grady Chandler, Police Chaplain

4.PRESENTATIONS

  1. 4A.Mayor's Report

  2. 4B.Council Members' Report

  3. 4C.City Manager's Monthly Report

  4. 4D.A proclamation of the City Council of the City of Bastrop, Texas recognizing October 16-20, 2023, as Chamber of Commerce Week.

    Ann Franklin, City Secretary

5.WORK SESSIONS/BRIEFINGS - NONE

6.STAFF AND BOARD REPORTS

  1. 6A.Receive presentation on the unaudited monthly Financial Report for the period ending August 31, 2023.

    Submitted by: Laura Allen, Senior Accountant

7.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.

8.APPROVAL OF THE MINUTES

  1. 8A.Consider action to approve City Council minutes from the September 25, 2023, Boards and Commissions Orientation; September 26, 2023, Special meeting; and September 29, 2023 Workshop.

    Submitted by: Ann Franklin, City Secretary

9.ITEMS FOR INDIVIDUAL CONSIDERATION

  1. 9A.Consider action to approve Resolution No. R-2023-146 of the City Council of the City of Bastrop, Texas, approving a construction contract with 304 Construction, LLC, of Cedar Creek, Texas, in the amount of One Million Forty-Six Thousand, Seven Hundred Eighty-Eight Dollars and Seventy-Three Cents ($1,046,788.73) for the construction of the Financial Way Improvements Project; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date.

    Submitted by: Fabiola de Carvalho, CFM, AMP MIAM, Director of Engineering and Capital Project Management

  2. 9B.Consider action to approve Resolution No. R-2023-147 of the City Council of the City of Bastrop, Texas, Authorizing the City Manager to accept a donation on behalf of the Bastrop Fire Department in the amount of Twenty-five thousand dollars ($25,000.00) from Capital Area Housing Finance Corporation for the utilization by the Bastrop Fire Department in its wildland and brush fire response; authorizing the City Manager to execute all necessary documents; providing for a repealing clause; and establishing an effective date.

    Submitted by: Andres Rosales, Fire Chief

  3. 9C.Consider action to approve the first reading of Ordinance No. 2023-39 of the City Council of the City of Bastrop, Texas, amending the budget for the Fiscal Year 2024 in accordance with existing statutory requirements; appropriating the various amounts herein as attached in Exhibit A; repealing all prior ordinances and actions in conflict herewith; and establishing an effective date, and move to include on the October 24, 2023, City Council  consent agenda for a second reading.

    Submitted by: Laura Allen, Senior Accountant

  4. 9D.Consider action to approve Resolution No. R-2023-153 of the City Council of the City of Bastrop, Texas, approving a Project of the Bastrop Economic Development Corporation (BEDC) with Acutronic Company and Acutronic Real Estate Group, the Project of which consisting of the sale of real property and the provision of incentives totaling $1,089,000.00 by the BEDC pursuant to a performance agreement; providing for recoupment of incentives paid and property granted in the event of non-compliance by Acutronic Company and Acutronic Real Estate Group; authorizing signatories; and providing an effective date.

    Submitted by: Sylvia Carrillo, ICMA-CM, CPM, City Manager & Interim Executive Director Bastrop Economic Development Corporation

  5. 9E.Hold public hearing and consider action to approve the first reading of Ordinance No. 2023-35 of the City Council, of the City of Bastrop, Texas, approving the Reed Ranch Planned Development District, changing the zoning for 24.462 acres out of the Nancy Blakey Survey from P2 Rural to a Planned Development District (PDD) with a P4 Mix base zoning, located at 615 W Highway 71, within the city limits of Bastrop, Texas; and move to include on the October 24, 2023, City Council consent agenda for a second reading.

    Submitted by: Kennedy Higgins

  6. 9G.Consider action to approve Resolution No. R-2023-152 of the City Council of the City of Bastrop, Texas regarding the Bastrop Central Appraisal District (CAD) election voting for the 2024 Board of Directors; establishing a repealing clause; and providing an effective date.

    Submitted by: Ann Franklin, City Secretary

  7. 9H.Consider action to approve Resolution No. R-2023-155 of the City Council of the City of Bastrop, Texas approving a Public Improvement Plan Agreement with Continental Homes of Texas, LP for Valverde Major Tract Improvements Off-Site Water Line, 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: Sylvia Carrillo, ICMA-CM, CPM, City Manager

10.EXECUTIVE SESSION

  1. 10A.City Council shall convene into closed executive session pursuant to Texas Government Code section 551.071 to seek the advice of legal counsel regarding the Destination and Marketing Services Agreement with Visit Bastrop and related information. 

  2. 10B.City Council shall convene into closed executive session pursuant to Texas Government Code sections 551.071 and 551.087 to seek the advice of legal counsel and for deliberation regarding a potential Chapter 380 agreement regarding economic development incentives with the Hyatt Lost Pines Resort. 

  3. 10C.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 development agreement for the project known as the Hill located at Hwy 95 and Arena Drive.     

  4. 10D.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 professional engineering contract matters and potential acquisitions of real estate related to the Wastewater Treatment Plant No. 3 Project.  and other matters.

  5. 10E.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 petition submitted by Lanzola MHP4, LP, S1, for the removal from the City’s Extraterritorial Jurisdiction of approximately 643.5 acres of land located in the Joseph Rogers Survey, Abstract No. 55, Bastrop County, Texas. 

  6. 10F.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 procurement of real estate interests relating to the Lost Pines Arts Center.

11.TAKE ANY NECESSARY OR APPROPRIATE ACTION ON MATTERS POSTED FOR CONSIDERATION

12.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:  _____________________ at 4:00 p.m. and remained posted for at least two hours after said meeting was convened.

                                                     
Ann Franklin, City Secretary