City Council Regular Meeting

Dr. Larry Wallace Jr., Mayor Deja Hill, Mayor Pro Tem, Place 5 Emily Hill, Place 1 Maria Amezcua, Place 2 Dr. Christopher Harvey, Place 3 Danny Scarbrough, Place 4 Vacant, Place 6 City Council Regular Meeting and Joint Meeting with Planning and Zoning Commission Wednesday, October 21, 2020 at 7:00 PM Manor City Hall, Council Chambers, 105 E. Eggleston St. AGENDA This meeting will be live streamed on Manor Facebook Live You can access the meeting at https://www.facebook.com/cityofmanor/ CALL REGULAR MEETING OF CITY COUNCIL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Comments will be taken from the audience on non-agenda related topics for a length of time, not to exceed three (3) minutes per person. Comments on specific agenda items must be made when the item comes before the Council. To address the City Council, please complete the white card and present it to the City Secretary prior to the meeting. No Action May be Taken by the City Council During Public Comments. CALL PLANNING AND ZONING MEETING TO ORDER AND ANNOUNCE A QUORUM IS PRESENT CITY COUNCIL TO ENTER INTO JOINT MEETING WITH PLANNING AND ZONING: EXECUTIVE SESSION The City Council will now convene into a joint executive session together with the Planning and Zoning Commission pursuant to the provisions of Chapter 551 Texas Government Code, in accordance with the authority contained in: - Section 551.071 Consultation with Attorney and Section 1.05, Texas Disciplinary Rules of Professional Conduct - Regarding pending litigation, specifically Civil Action No. 1:20-cv-1017, Manor RV Park, LLC v. City of Manor, et al pending in the United States District Court Western District of Texas Austin Division. Manor City Council Regular Meeting Agenda 10/21/2020 - Page 1 OPEN SESSION The City Council together with the Planning and Zoning Commission will now reconvene into Open Session pursuant to the provisions of Chapter 551 Texas Government Code and take action on item(s) discussed during joint Closed Executive Session. ADJOURNMENT OF JOINT MEETING WITH PLANNING AND ZONING COMMISSION MEETING CONTINUATION OF REGULAR MEETING OF CITY COUNCIL EXECUTIVE SESSION The City Council will now convene into executive session pursuant to the provisions of Chapter 551 Texas Government Code, in accordance with the authority contained in: - Section 551.071 Consultation with Attorney - Regarding subdivision fees OPEN SESSION The City Council will now reconvene into Open Session pursuant to the provisions of Chapter 551 Texas Government Code and take action on item(s) discussed during Closed Executive Session. REPORTS Reports about items of community interest on which no action will be taken. A. Youth Justice Action Month Report Submitted by: Mayor Wallace Jr. B. Economic Development Report - CAYSA Submitted by: Mayor Wallace Jr. PUBLIC HEARINGS 1. Conduct a public hearing upon a rezoning request for 24.81 acres, more or less, out of the Sumner Bacon Survey No. 62, Travis County, Texas, and being located at 9910 Hill Lane, Manor, TX from Light Commercial (C-1) to Multi-Family 15 (MF-1). Applicant: Kimley-Horn & Associates Owner: 9 Sunny Partners, LP Submitted by: Scott Dunlop, Assistant Development Services Director 2. Conduct a public hearing upon a Concept Plan for Presidential Glen Commercial Subdivision, three (3) lots on 5.4 acres, more or less, and being located at 13600 US Hwy 290 E., Manor, TX. Applicant: Kimley-Horn & Associates Owner: West Elgin Development Corporation Submitted by: Scott Dunlop, Assistant Development Services Director Manor City Council Regular Meeting Agenda 10/21/2020 - Page 2 CONSENT AGENDA All of the following items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless requested by the Mayor or a Council Member; in which event, the item will be removed from the consent agenda and considered separately. 3. Consideration, discussion, and possible action to approve the City Council Minutes of the October 7, 2020, Regular Meeting. Submitted by: Lluvia T. Almaraz, City Secretary 4. Consideration, discussion, and possible action on the acceptance of the September 2020 Departmental Reports. Submitted by: Thomas Bolt, City Manager • Police – Ryan Phipps, Chief of Police • Development Services – Scott Dunlop, Asst. Dev. Services Director • Community Development – Debbie Charbonneau, Community Dev. Manager • Municipal Court – Sarah Friberg, Court Clerk • Public Works – Michael Tuley, Director of Public Works • Finance – Lydia Collins, Director of Finance REGULAR AGENDA 5. Consideration, discussion, and possible action on an engagement letter for litigation legal services. Submitted by: Thomas Bolt, City Manager 6. Consideration, discussion, and possible action on the Second Amendment to Development Agreement (Manor Heights). Submitted by: Thomas Bolt, City Manager 7. Consideration, discussion and possible action on an ordinance rezoning 24.81 acres, more or less, out of the Sumner Bacon Survey No. 62, Travis County, Texas, and being located at 9910 Hill Lane, Manor, TX from Light Commercial (C-1) to Multi-Family 15 (MF-1). Applicant: Kimley-Horn & Associates Owner: 9 Sunny Partners, LP Submitted by: Scott Dunlop, Assistant Development Services Director 8. Consideration, discussion, and possible action upon a Concept Plan for Presidential Glen Commercial Subdivision, three (3) lots on 5.4 acres, more or less, and being located at 13600 US Hwy 290 E., Manor, TX. Applicant: Kimley-Horn & Associates Owner: West Elgin Development Corporation Submitted by: Scott Dunlop, Assistant Development Services Director 9. Consideration, discussion, and possible action to waive Chapter 10, Exhibit A, Article II, Section 22(d)(1)(i) to waive payment of all applicable application fees for Shadowview Commercial Section 3 Preliminary Plans project number 2020-P-1271-PP. Applicant: Kimley-Horn & Associates Owner: Shadowglen Development Corporation Submitted by: Thomas Bolt, City Manager Manor City Council Regular Meeting Agenda 10/21/2020 - Page 3  10. Consideration, discussion, and possible action to approve the Purchase Contract with Chau Dinh and Anh Kim Pham for a wastewater easement with temporary construction easement. Submitted by: Samuel D. Kiger, P.E., City Engineer 11. Consideration, discussion, and possible action to approve the Purchase Contract with John Gebauer Jr. and Patricia A. Gebauer for a special warranty deed with temporary construction easement. Submitted by: Samuel D. Kiger, P.E., City Engineer 12. Consideration, discussion, and possible action on the appointment of a Chairperson to the Public Safety Committee. Submitted by: Ryan Phipps, Chief of Police 13. Consideration, discussion, and possible action on a Resolution in support of the National League of Cities City Innovation Ecosystem (CIE) Program. Submitted by: Mayor Wallace Jr. 14. Consideration, discussion, and possible action on a Resolution in support of Cities United violent prevention efforts. Submitted by: Mayor Wallace Jr. 15. Consideration, discussion, and possible action on the appointment(s) of a City Council Member and/or City staff member to serve as the City of Manor Board Liaison to the Manor Chamber of Commerce. Submitted by: Mayor Wallace Jr. ADJOURNMENT In addition to any executive session already listed above, the 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 Section §551.071 (Consultation with Attorney), §551.072 (Deliberations regarding Real Property), §551.073 (Deliberations regarding Gifts and Donations), §551.074 (Personnel Matters), §551.076 (Deliberations regarding Security Devices) and §551.087 (Deliberations regarding Economic Development Negotiations). CONFLICT OF INTEREST In accordance with Section 12.04 (Conflict of Interest) of the City Charter, “No elected or appointed officer or employee of the city shall participate in the deliberation or decision on any issue, subject or matter before the council or any board or commission, if the officer or employee has a personal financial or property interest, direct or indirect, in the issue, subject or matter that is different from that of the public at large. An interest arising from job duties, compensation or benefits payable by the city shall not constitute a personal financial interest.” Further, in accordance with Chapter 171, Texas Local Government Code (Chapter 171), no City Council member and no City officer may vote or participate in discussion of a matter involving a business entity or real property in which the City Council member or City officer has a substantial interest (as defined by Chapter 171) and action on the matter will have a special economic effect on the business entity or real property that is distinguishable from the effect on the general public. An affidavit disclosing the conflict of interest must be filled out and filed with the City Secretary before the matter is discussed. Manor City Council Regular Meeting Agenda 10/21/2020 - Page 4  POSTING CERTIFICATION I, the undersigned authority do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Manor, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: Friday, October 16, 2020, by 5:00 PM and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. /s/ Lluvia T. Almaraz, TRMC City Secretary for the City of Manor, Texas NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The City of Manor is committed to compliance with the Americans with Disabilities Act. Manor City Hall and the Council Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary at 512.272.5555 or e-mail lalmaraz@cityofmanor.org . Manor City Council Regular Meeting Agenda 10/21/2020 - Page 5