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City Council

Regular Meeting

San Marcos, TX · November 17, 2020

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City of San Marcos Meeting Minutes City Council Tuesday, November 17, 2020 6:00 PM Virtual Meeting This meeting was held using conferencing software due to COVID-19 rules. I. Call To Order With a quorum present, the regular meeting of the San Marcos City Council was called to order by Mayor Hughson at 6:03 p.m. Tuesday, November 17, 2020. This meeting was held online. II. Roll Call Present: 7- Council Member Melissa Derrick, Mayor Jane Hughson, Council Member Joca Marquez, Council Member Maxfield Baker, Council Member Saul Gonzales, Council Member Shane Scott and Council Member Alyssa Garza III. 30 Minute Citizen Comment Period Lisa Cruz stated the Salvation Army is in need of bell ringers for this season. Ms. Cruz stated that due to COVID there has been an increase in people needing assistance. Ms. Cruz is encouraging the community to help. CJ Cetina, expressed concerns that the San Marcos Police Officers Association (SMPOA), in an effort to stop the cite and release, is directing officers to issue tickets instead of street diversions. Officers do reserve the discretion under disqualifying circumstances with the Cite and Release Ordinance. Kyle Mankin, spoke on the cite and release ordinance and stated this was the first ordinance of its kind in the state of Texas. Mr. Mankin expressed concern with the officers undermining the ordinance by ending street diversions. Lisa Marie Coppoletta, expressed concern on the detour signage being in the middle of Belvin street and does not want the City's arborist to butcher the trees in Blanco Gardens. Lexy Garcia, spoke on behalf of Texas Rising, expressed concerns with the Police Officers Association not abiding by the cite and release ordinance. City of San Marcos Page 1 City Council Meeting Minutes November 17, 2020 Kate Shaw, spoke on item #15 and supports the reduction of speed limit and would like for staff to add signage like flashing lights on San Antonio street to bring attention to the reduction. Ms. Shaw expressed concerns with safety of pets and families. Matt Akins, spoke in favor of #15, supports that all neighborhoods should reduce the speed limit to 25mph to increase the safety of our streets and neighborhoods. He expressed concern with laws not being enforced. Isabella Briseno, spoke on behalf of Texas Rising and expressed concerns on how low level offenses are being reported and officers should follow the cite and release ordinance. Jordan Buckley, referenced a letter sent from the SMPOA to Council and expressed his concerns with the data being released. Kelly Stone, spoke about officers not using street diversion. She claimed SMPOA has influenced the election and advised the members to cease street diversions. Evan Bookman, spoke on behalf of the cite and release ordinance and expressed concerns with the SMPOA seeming to prefer placing people into the legal system instead of letting them off with a warning. Mr. Bookman stated that the officers should continue using street diversions. Samantha Benavides, spoke on the cite and release ordinance and is concerned that SMPOA threatened to stop the street diversion and is concerned that they the data would have racial disparities. Council Member Baker agrees that this Ordinance still allows the street diversions and will send out a follow up email on the details that were discussed. PRESENTATIONS 1. Receive status reports and updates on response to COVID-19 pandemic; hold council discussion, and provide direction to Staff. Chase Stapp, Director of Public Safety provided a presentation regarding the COVID-19 pandemic. Known Cases – as of November 16 • More than 1m total cases (131K active) cases in Texas with 18,097 fatalities City of San Marcos Page 2 City Council Meeting Minutes November 17, 2020 *source: Texas Department of State Health Services • 6,616 total cases in Hays County (511 active and 6,014 recovered) with 91 fatalities • 391 cases have required hospitalization, 10 current • 3,040 total cases in San Marcos (87 active and 2,913 recovered) with 40 fatalities *source: Hays County Health Department • 943 total cases at TX State (146 active) • 885 students, 58 faculty/staff *source: Texas State University Student Health Services Since the last update, in Texas 26,000 more active cases and 1,462 fatalities for the state. Hays County 207 more active cases and 3 more fatalities San Marcos 27 more active cases and 2 more fatalities Texas State University 120 more active cases On Oct 27 and Nov 13, Hays County Health Department made some slight corrections to the numbers based on an audit which explains the apparent spikes. 99 active cases as of today which is a slight increase. City of San Marcos employee active case count is 4. San Marcos new cases average 10 per day. Hospitalizations of Hays County residents is 6 as of yesterday. From 5 to 10 has been our number for the last few weeks. Mr. Stapp stated the death rate in San Marcos has been 16 in July, 3 in October and 2 in November. Testing Overview 42,346 tests administered county wide – 36,170 negative (85.4%) – 6,176 confirmed (14.6%) – 745 probable, awaiting confirmation • Testing by Curative (Moved to Premium Outlet Mall) – Open daily from 9:00 a.m. to 5:00 p.m. – Anticipated service through December – Over 1,800 free tests conducted thus far • Future testing site – San Marcos High School – 2nd van provided by Curative City of San Marcos Page 3 City Council Meeting Minutes November 17, 2020 – Planned for Monday after Thanksgiving but may be a week later – Entrance off Monterrey Oak Updates to Governor Abbott’s Actions • November 5: Extension of emergency Supplemental Nutrition Assistance Program (SNAP) benefits through November – Texas Health and Human Services Commission (HHSC) to provide approximately $202 million in emergency SNAP benefits for more than 1 million households • November 6: Renews COVID-19 Disaster Declaration – Renews the disaster declaration for all Texas counties that was first issued on March 13 • November 13: Governor, DSHS Announce Distribution Of COVID-19 Antibody Therapy To Hospitals Across Texas – Initial shipment of bamlanivimab to be distributed as early as week of Nov. 16 to acute care hospitals across the state. This drug will help keep people out of hospitals by treated the disease. – Intended for outpatient use in people who have tested positive for COVID-19 and are at increased risk of severe disease, prevent hospitalizations in some patients before becoming very sick – Distribution based on new confirmed cases of COVID-19 in the community, new lab confirmed COVID-19 admissions to hospitals, and total lab-confirmed COVID-19 patients in hospitals Council Member Baker inquired about the new therapy drug and how these patients may need hospitalizations but they would receive therapy instead. With hospitalizations as one of our markers, how are these numbers being captured in the data. Mr. Stapp stated the information that needs to be shared with the State will be conducted by the Hays County Health Department. Mr. Stapp stated it is not about the severity of the case, but this is intended to keep people out of the hospital that are able to recover at home and to keep their condition from getting severe enough to warrant hospitalization. Council Member Baker asked about the University's graduation ceremony and are they addressing it in a different approach. Mr. Lumbreras spoke to the University today and they have been working through their Chief Medical Officer. They are reviewing cases and they are committed to reviewing real time information. Mr. Lumbreras stated they are still discussing which direction they will go but they are making sure faculty, staff and community are safe. Mr. Lumbreras City of San Marcos Page 4 City Council Meeting Minutes November 17, 2020 stated they have not made a determination and will make it by Friday. Council Member Baker asked if it is appropriate to hold these ceremonies from a public health standpoint. Mr. Stapp stated the University has a medical staff to advise them in their decisions. Mr. Stapp is not qualified to advise the University on medical matters, but as one entity to another, Council could provide a letter to the University if that is the direction of Council. Mayor Hughson stated attendance would be extremely limited with the use of a ticketed system and ceremonies would be held outside at Bobcat Stadium instead of indoors at the University Event Center. Council Member Baker asked if the University is sharing their contact tracing information with city staff. Mr. Stapp stated that they are not and is not reporting it to Hays County. Mr. Stapp mentioned that he will ask the University for that information. Council Member Gonzales asked if the new treatment will be free? Mr. Stapp stated that it should be, but will report back. Council Member Garza asked about the free testing and what was the reason moving to the outlets? What marketing information has been provided for the free service to the public? What are the ID requirements for those that want to be tested? Mr. Stapp stated that Curative made the decision of where to locate the testing which is free to the community and no charge to the city. Mr. Stapp mentioned that Curative has to justify the expenses and the location prior was not getting enough traffic. Mr. Stapp has asked Curative for a closer location and mentioned the San Marcos High School. The marketing campaign has been in both English and Spanish and staff has updated posters for the mall location. Mr. Stapp is going to ask Curative what type of IDs are acceptable and will bring that information back to council. Council Member Garza stated if no ID is required, she would like the marketing material to be updated to include that information. CONSENT AGENDA A motion was made by Council Member Gonzales, seconded by Council Member Derrick, to approve the consent agenda with the exception of Item #2(b), 5, and 10, which were pulled and considered separately. The motion carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza City of San Marcos Page 5 City Council Meeting Minutes November 17, 2020 Against: 0 2. Consider approval, by motion, of the following meeting Minutes: A. October 20, 2020 - Work Session Meeting Minutes B. October 20, 2020 - Regular Meeting Minutes C. October 29, 2020 - Special Meeting Minutes D. November 4, 2020 - Work Session Meeting Minutes A motion was made by Mayor Hughson, seconded by Council Member Scott to postpone the October 20, 2020 Regular Meeting Minutes to the December 2, 2020 regular City Council meeting. The motion carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 3. Consider approval of Resolution 2020-247R, adopting Guiding Principles for the City’s 2021 Federal and State Legislative Action Program; and declaring an effective date. 4. Consider approval of Resolution 2020-248R, supporting a concurrent resolution of the Texas Legislature designating the City as “The Mermaid Capital of Texas”, and declaring an effective date. 5. Consider approval of Resolution 2020-249R, approving a State Use Contract with Goodwill Temporary Services, Inc. through WorkQuest for the provision of janitorial services for the City of San Marcos in the estimated amount of $634,925.55; authorizing the City Manager or his designee to execute this agreement on behalf of the City; and declaring an effective date. A motion was made by Council Member Baker, seconded by Council Member Scott to deny Resolution 2020-249R. After a discussion regarding a question by Council Member Baker on Goodwill's ability to obtain COVID funding to help cover some of the increased costs and potential hazard pay within in the contract, the motion to deny was withdrawn. Mr. Lumbreras stated that he will follow up on the questions and report to the council this week. A motion was made by Council Member Scott, seconded by Council Member Baker to postpone Resolution 2020-249R, to the next regular City Council meeting. The motion carried by the following vote: City of San Marcos Page 6 City Council Meeting Minutes November 17, 2020 For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 6. Consider Approval of Resolution 2020-250R, designating the City Manager as the authorized representative of the City to execute agreements and other documents with, or promulgated by, the Texas Department of Transportation (“TXDOT”) in relation to the City’s transit activities as a Direct Recipient for the San Marcos Urbanized Area; authorizing the City Manager, as the authorized representative, to further designate one or more employees of the City to act on his behalf to execute such agreements or documents; and declaring an effective date. 7. Consider approval of Resolution 2020-251R, approving an Interlocal Agreement with Hays County providing for the installation of City Waterline Facilities at a cost to the City of $1,550,000.00 in conjunction with the Old Bastrop Highway (CR 266) from Centerpoint Road to Rattler Road project; authorizing the City Manager, or his designee, to execute the agreement on behalf of the City; and declaring effective date. 8. Consider approval of Resolution 2020-252R, approving an Interlocal Agreement with Hays County providing for the adjustment of City Wastewater Facilities in connection with the CR 225 (Lime Kiln Road) project at a cost to the City of $25,020.00; authorizing the City Manager, or his designee, to execute the agreement on behalf of the City; and declaring effective date. 9. Consider approval of Resolution 2020-253R, approving the application for and award of the National Fish Habitat Action Plan Grant from the United States Fish and Wildlife Service in the amount of $50,000.00, with an in-kind match from the City of $20,000.000, together with additional in-kind matches from the Edwards Aquifer Authority and Texas State University of $130,000.00, to be applied toward the removal of invasive plant and animal species and the planting of native vegetation along portions of the San Marcos River under the Edwards Aquifer Habitat Conservation Plan; authorizing the City Manager, or his designee, to execute any and all documents as necessary to accept and implement the grant; and declaring an effective date. 10. Consider approval of Resolution 2020-254R, approving the award of a contract to Electro Technical Industries, Inc for the San Marcos Electrical Utility Switchgear Building in the estimated amount of $802,300.00; authorizing the City Manager or his designee to execute the agreement on behalf of the City; and declaring an effective date. A motion was made by Council Member Baker, seconded by Council Member Scott, to approve Resolution 2020-254R. Council Member Gonzales inquired about the bid process and asked why the lowest bidder was not awarded the contract. Staff explained the lowest bidder City of San Marcos Page 7 City Council Meeting Minutes November 17, 2020 failed to comply with the bidding requirements, and is therefore deemed non responsive making the bidder disqualified. Mr. Baker inquired if is there any consideration for local bidders in our policies? Preference is given for local bidders if 5% within the lowest bid? The motion to approve carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 11. Consider approval of Resolution 2020-255R, approving an Interlocal Cooperation Agreement for Mutual Aid for Information Technology Services with the City of New Braunfels and other participating entities for the sharing of technology, personnel and equipment in the event of a disaster; authorizing the City Manager or his designee to execute the Agreement on behalf of the City; and declaring an effective dates. PUBLIC HEARINGS 12. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2020-82, annexing into the City approximately 31.59 acres of land generally located in the 2400 Block of Hwy 123 (Case No. AN-20-12), including procedural provisions; and providing an effective date; and consider approval of Ordinance 2020-82, on the first of two readings. Shannon Mattingly, Director of Planning and Services, provided the presentation regarding the annexation of the property located at 2400 Block of Hwy 123. Mayor Hughson opened the Public Hearing at 7:26 p.m. Lisa Marie Coppoletta, expressed concerns with the surrounding community of Redwood regarding the economics and racial disparity. Ms. Coppoletta would like to know what kind of notification outreach the developer has done. She also expressed concerns regarding gentrification, challenging health issues and drug usage. Ed Theriot, spoke on behalf of the project and supports the staff recommendation. Mr. Theriot clarified that the project is a couple of miles away from the Redwood community referenced in the public hearing. He is available to answer any questions. There being no further speakers, Mayor Hughson closed the Public Hearing at City of San Marcos Page 7 City Council Meeting Minutes November 17, 2020 7:31 p.m. A motion was made by Council Member Gonzales, seconded by Council Member Scott, to approve Ordinance 2020-82, on the first of two readings. The motion carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 13. Receive a Staff Presentation and hold a Public Hearing to receive comments for or against Ordinance 2020-83, amending the Official Zoning Map of the City by rezoning approximately 32.24 acres of land, generally located in the 2400 Block of Hwy 123 (Case No. ZC-20-24), from “FD” Future Development District to “CD-5” Character District-5 District; and including procedural provisions; and consider approval of Ordinance 2020-83 on the first of two readings. Shannon Mattingly, Director of Planning and Development Services, provided the presentation. This property is approximately 32.24 acres and is currently vacant. The surrounding area adjacent is rural/vacant property and there are commercial/warehouse structures along Redwood. Mrs. Mattingly mentioned the purpose of this zoning change is for the development of a potential residential multifamily project or other allowable uses in “CD-5” Character District -5 District. Mayor Hughson opened the Public Hearing at 7:42 p.m. Lisa Marie Coppoletta, expressed concerns with gentrification in the Redwood community area. Ms. Coppoletta stated the citizens should be notified to express their concerns and the community is not being code protected. Ed Theriot, spoke in favor of this project, and has worked with staff to find the appropriate classification for the parcel. Mr. Theriot stated the project is planned to be a mixed income multi family residential project on three quarters of the site and will have commercial retail on Hwy 123 frontage. This request is in support of the staff recommendation and he is available to answer questions. There being no further speakers, Mayor Hughson closed the Public Hearing at 7:50 p.m. A motion was made by Council Member Baker, seconded by Council Member Gonzales, to approve Ordinance 2020-83, on the first of two readings. City of San Marcos Page 9 City Council Meeting Minutes November 17, 2020 Council Member Garza asked who is responsible to notify surrounding neighborhoods. Ms. Mattingly stated that the State requires 200 feet notification buffer and Council increased it at the last LDC update to 400 feet. Ms. Mattingly stated signs are posted on major roads and notices for public hearings are posted in the newspaper. Council Member Baker expressed concerns about gentrification and asked Mr. Theriot if the adjacent property is going to be purchased by the developer? Mr. Theriot stated the properties south of project are vacant and did not approach to purchase the property. Council Member Marquez expressed concerns about gentrification and the residents being forced out of their homes. This area includes mostly residents of color and low economic status. Council Member Marquez also expressed concerns about losing green space and agricultural lands. Mayor Hughson asked for the distance between the Redwood community and the proposed project. Mr. Theriot stated this proposed development is two miles from Redwood and the Camino Real subdivision. There are 2 or 3 parcels that are vacant between the subdivision and the project. Mr. Theriot stated the housing development will not cause gentrification in the area. This project will be a mixed income type development. Council Member Baker asked about the timeline. Mr. Theriot stated that they are working on the permitting process and the site plans are complete, will be submitting application for watershed protection plan in December and the goal for the project is to be completed summer 2021. Mayor Hughson stated there is a need for commercial in this area and hopes the project will bring in the needed services for the housing that has been already approved. The motion carried by the following vote: For: 6- Mayor Hughson, Council Member Baker, Council Member Gonzales, Council Member Scott, Council Member Derrick and Council Member Garza Against: 1- Council Member Marquez 14. Hold a public hearing and receive comments for or against Resolution 2020-256R, amending City of San Marcos Page 10 City Council Meeting Minutes November 17, 2020 the Community Development Block Grant (CDBG) Action Plan for Program Year 2019 to add the awarded Community Development Block Grant- Coronavirus Response (CDBG-CV) Round Three allocation of $567,825 and approving projects for the use of these funds, authorizing the City Manager to act as the Official Representative of the City in matters related to the CDBG Program and Action Plan, declaring an effective date; and consider approval of Resolution 2020-256R. Carol Griffith, Community Initiatives Program Administrator, provided a brief presentation and explained this CDBG-CV Round 3 funding is the COVID-19 Emergency Housing and Business Relief that will provide emergency economic assistance to individuals, families, and businesses that have been impacted by the COVID-19 pandemic. This funding is to prevent eviction or assist those who have been evicted due to the pandemic. Ms. Griffith outlined the program parameters which include the following: • Eligible expenses could include rent, mortgage, utilities • Program would be open to individuals and businesses. • At least 70% of the funding must benefit low-to moderate income individuals. • Third party entities to be contracted for program administration • Funds not used for administration of grant and program will be used for program funding Mayor Hughson opened the Public Hearing at 8:25 p.m. Those who spoke: Lisa Marie Coppoletta, thinks this is a wonderful opportunity to help those in need, but asked that we are mindful of property taxes. She appreciates that we are fast tracking this process. She spoke of other instances where we have not applied funding in a quick manner. She wants us to make sure we are taking care of the nations veterans. She spoke on the importance of quality internet so people can continue to work. There being no further comments, the Mayor closed the Public Hearing at 8:30 p.m. Council Member Baker asked about some of the barriers that other organizations deal with related to COVID funding and asked if the City is able to partner with various small organizations. Mr. Lumbreras stated that we will certainly try but these are federal funds and organizations must have the capacity and resources to administer the funding. There are a lot of strings attached to this funding. City of San Marcos Page 11 City Council Meeting Minutes November 17, 2020 Council Member Derrick inquired about the limitations there are with the homeless coalition. Ms. Griffith stated there are CDBG restrictions with this particular funding and this is geared to homeowners and the people in homes that are trying to maintain those homes. There are opportunities coming through the State for a different funding stream geared toward homelessness. Council Member Baker asked if there are restrictions regarding immigration status. Ms. Griffith believes there are federal restrictions, but will have to confirm. Council Member Baker asked if this is solely focused on rent and mortgage or can it be utilized for utilities. Ms. Griffith stated this funding is focused on rent and mortgage. A motion was made by Council Member Baker, seconded by Council Member Derrick, to approve Resolution 2020-256R. The motion to approve carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 NON-CONSENT AGENDA 15. Consider approval of Ordinance 2020-84, on the first of two readings, amending the traffic register maintained under Section 82.067 of the San Marcos City Code by reducing the speed limit from 30 miles per hour to 25 miles per hour along numerous streets in Sector 1 commonly referred to as the Dunbar and Heritage Neighborhoods; authorizing the installation of signs and traffic control devices reflecting the new speed limits; directing that the traffic register maintained under Section 82.067 of the San Marcos City Code be amended to reflect the new speed limits; and including procedural provisions. A motion was made by Council Member Scott, seconded by Council Member Baker, to approve Ordinance 2020-84, on the first of two readings. Mayor Hughson inquired about signage and what will be going up to advise citizens of the change. Sabas Avila, Assistant Director of Public Services Transportation, stated there will be installation of temporary signs and City of San Marcos Page 12 City Council Meeting Minutes November 17, 2020 placards to make people aware. Flags will also be installed on the new speed limit signs. Mayor Hughson asked how long the flags will be there. Mr. Avila stated they will remain for 60 days. Mayor Hughson inquired about the "your speed is" e-sign potential. Mr. Avila stated that in this area it would be beneficial, but they are expensive. Council Member Derrick asked about temporary speed bumps. Mr. Avila stated this is a phased approach, first being signage and observation of speed, if speeding becomes an issue, then speed bumps could be installed. Council Member Baker asked about enforcement on the traffic speeding laws and wondered if we can request a stronger presence. Mr. Stapp stated the Police Department maintains a database of parking enforcement to patrol, it is difficult to staff these which creates limitations. Staff can ask they monitor this area more. Council Member asked how the community can submit requests to address speed in their own communities. Mr. Avilla stated that when a neighborhood requests lower speeds staff will evaluate the speed in that particular area. Mr. Avilla mentioned that a sample was taken from this large area and this method was quicker and more effective. The City will continue the efforts throughout the city in the upcoming year. The motion to approve carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 16. Consider approval of Resolution 2020-257R, approving an agreement for the provision of services in connection with the proposed owner requested annexation of approximately 73.412 +/- acres out of the Joel Miner Survey, Abstract No. 321, Hays County, generally located at 2811 Harris Hill Road in Case No. AN-20-11; authorizing the City Manager, or his designee, to execute said agreement on behalf of the City; setting a date for a Public Hearing concerning the proposed annexation of said tract of land; and declaring an effective date. Shannon Mattingly, Director of Planning and Services, provided the presentation regarding the property located at 2811 Harris Hill Road. City of San Marcos Page 13 City Council Meeting Minutes November 17, 2020 Council Member Baker asked about the mixed use development on the adjacent property. Ms. Mattingly will bring back the information on the property. A motion was made by Council Member Derrick, seconded by Council Member Scott, to approve Resolution 2020-257R. The motion carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza Against: 0 17. Discuss and consider appointments to the Tax Increment Reinvestment Zone (TIRZ) Number 2 - Carma Blanco Vista (now known as Blanco Vista) Board of Directors The following members were appointed by Mayor Hughson and confirmed by Council to serve in positions 1-4 of the Tax Increment Reinvestment Zone (TIRZ) #2 Board of Directors: Director of Development Services - Shannon Mattingly Director of Engineering & CIP - Laurie Moyer Assistant City Manager -Stephanie Reyes Mayor - Jane Hughson Council Member Scott and Council Member Baker volunteered to serve in the final position on the board. After a roll call vote, Council Member Baker received a majority of the votes and was selected to serve in the final position. Mayor Hughson will serve a one year term as Chair. 18. Discuss and consider setting the date for the first regular City Council Meeting in December 2020, and provide direction to Staff. After a brief discussion, it was determined we cannot move the meeting because legal notices that have been published for a hearing date of Wednesday, December 2, 2020. The next regular City Council meeting will remain on Wednesday, December 2, 2020. IV. Adjournment. A motion was made by Council Member Baker, seconded by Council Member Derrick, to adjourn the regular meeting of the City Council on Tuesday, November 17, 2020 at 9:10 p.m. The motion carried by the following vote: For: 7- Council Member Derrick, Mayor Hughson, Council Member Marquez, Council Member Baker, Council Member Gonzales, Council Member Scott and Council Member Garza City of San Marcos Page 14 City Council Meeting Minutes November 17, 2020 Against: 0 Tammy K. Cook, Interim City Clerk Jane Hughson, Mayor City of San Marcos Page 15

Agenda

630 East Hopkins City of San Marcos San Marcos, TX 78666 Regular Meeting Agenda - Final City Council Tuesday, November 17, 2020 6:00 PM Virtual Meeting Due to COVID-19, and as long as the State Disaster Declaration is in effect, this will be a virtual meeting. To view the meeting please go to www.sanmarcostx.gov/videos or watch on Grande channel 16 or Spectrum channel 10. I. Call To Order II. Roll Call III. 30 Minute Citizen Comment Period Persons wishing to participate (speak) during the Citizen Comment portion of the meeting must email citizencomment@sanmarcostx.gov prior to 12:00PM the day of the meeting. A call in number to join by phone or link will be provided for participation on a mobile device, laptop or desktop computer. PRESENTATIONS 1. Receive status reports and updates on response to COVID-19 pandemic; hold council discussion, and provide direction to Staff. CONSENT AGENDA THE FOLLOWING ORDINANCES, RESOLUTIONS AND OTHER ITEMS MAY BE ACTED UPON BY ONE MOTION. NO SEPARATE DISCUSSION OR ACTION ON ANY OF THE ITEMS IS NECESSARY UNLESS DESIRED BY A COUNCIL MEMBER OR A CITIZEN, IN WHICH EVENT THE ITEM SHALL BE CONSIDERED IN ITS NORMAL SEQUENCE AFTER THE ITEMS NOT REQUIRING SEPARATE DISCUSSION HAVE BEEN ACTED UPON BY A SINGLE MOTION. 2. Consider approval, by motion, of the following meeting Minutes: A. October 20, 2020 - Work Session Meeting Minutes B. October 20, 2020 - Regular Meeting Minutes C. October 29, 2020 - Special Meeting Minutes D. November 4, 2020 - Work Session Meeting Minutes Attachments: 10.20.2020 Work Session Minutes.pdf 10.29.2020 Special Meeting Minutes.pdf 11.04.2020 Work Session Minutes.pdf 3. Consider approval of Resolution 2020-247R, adopting Guiding Principles for the City’s 2021 Federal and State Legislative Action Program; and declaring an effective date. City of San Marcos Page 1 Printed on 11/10/2020 City Council Regular Meeting Agenda - Final November 17, 2020 Attachments: Council 2021 Guiding Principles Resolution Nov 2020 2021 Federal Guiding Principles Nov 17 Packet Redline 2021 Federal Guiding Principles Nov 17 Packet Clean 2021 State Guiding Principles Nov 17 Packet Redline 2021 State Guiding Principles Nov 17 Packet Clean 4. Consider approval of Resolution 2020-248R, supporting a concurrent resolution of the Texas Legislature designating the City as “The Mermaid Capital of Texas”, and declaring an effective date. Attachments: Resolution City of San Marcos Mermaid Capital CR - approved draft 5. Consider approval of Resolution 2020-249R, approving a State Use Contract with Goodwill Temporary Services, Inc. through WorkQuest for the provision of janitorial services for the City of San Marcos in the estimated amount of $634,925.55; authorizing the City Manager or his designee to execute this agreement on behalf of the City; and declaring an effective date. Attachments: Resolution - State Use Contract for Janitorial Services 2020.docx Janitorial Contract 2021 Final Redlines.docx 6. Consider Approval of Resolution 2020-250R, designating the City Manager as the authorized representative of the City to execute agreements and other documents with, or promulgated by, the Texas Department of Transportation (“TXDOT”) in relation to the City’s transit activities as a Direct Recipient for the San Marcos Urbanized Area; authorizing the City Manager, as the authorized representative, to further designate one or more employees of the City to act on his behalf to execute such agreements or documents; and declaring an effective date. Attachments: Resolution San Marcos FY21 Signature Authority.pdf 7. Consider approval of Resolution 2020-251R, approving an Interlocal Agreement with Hays County providing for the installation of City Waterline Facilities at a cost to the City of $1,550,000.00 in conjunction with the Old Bastrop Highway (CR 266) from Centerpoint Road to Rattler Road project; authorizing the City Manager, or his designee, to execute the agreement on behalf of the City; and declaring effective date. Attachments: Resolution OldBastrop-LocationMap 20201016OldBastropHighwayILA_DRAFT.pdf 8. Consider approval of Resolution 2020-252R, approving an Interlocal Agreement with Hays County providing for the adjustment of City Wastewater Facilities in connection with the CR 225 (Lime Kiln Road) project at a cost to the City of $25,020.00; authorizing the City Manager, or his designee, to execute the agreement on behalf of the City; and declaring effective date. City of San Marcos Page 2 Printed on 11/10/2020 City Council Regular Meeting Agenda - Final November 17, 2020 Attachments: Resolution Hays-COSM ILA_LimeKilnApprovedVersion20201022 LimeKiln-LocationMap 9. Consider approval of Resolution 2020-253R, approving the application for and award of the National Fish Habitat Action Plan Grant from the United States Fish and Wildlife Service in the amount of $50,000.00, with an in-kind match from the City of $20,000.000, together with additional in-kind matches from the Edwards Aquifer Authority and Texas State University of $130,000.00, to be applied toward the removal of invasive plant and animal species and the planting of native vegetation along portions of the San Marcos River under the Edwards Aquifer Habitat Conservation Plan; authorizing the City Manager, or his designee, to execute any and all documents as necessary to accept and implement the grant; and declaring an effective date. Attachments: Resolution SARP_SM River proposal_map.pdf Notice of Award 10. Consider approval of Resolution 2020-254R, approving the award of a contract to Electro Technical Industries, Inc for the San Marcos Electrical Utility Switchgear Building in the estimated amount of $802,300.00; authorizing the City Manager or his designee to execute the agreement on behalf of the City; and declaring an effective date. Attachments: Resolution -SMEU Switchgear Building.docx 220-255 Bid Tabulation 11. Consider approval of Resolution 2020-255R, approving an Interlocal Cooperation Agreement for Mutual Aid for Information Technology Services with the City of New Braunfels and other participating entities for the sharing of technology, personnel and equipment in the event of a disaster; authorizing the City Manager or his designee to execute the Agreement on behalf of the City; and declaring an effective dates. Attachments: Resolution - Interlocal Agreement - Information Technology Services.docx IT Mutual Aid Agreement PUBLIC HEARINGS Persons wishing to participate (speak) during the Public Hearing portion of the meeting must email citizencomment@sanmarcostx.gov prior to 12:00PM the day of the meeting. A call in number to join by phone or link will be provided for participation on a mobile device, laptop or desktop computer. 12. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2020-82, annexing into the City approximately 31.59 acres of land generally located in the 2400 Block of Hwy 123 (Case No. AN-20-12), including procedural provisions; and providing an effective date; and consider approval of Ordinance 2020-82, on the first of two readings. City of San Marcos Page 3 Printed on 11/10/2020 City Council Regular Meeting Agenda - Final November 17, 2020 Attachments: Ordinance AN-20-12 Maps AN-20-12 CL vs. ETJ Comparison AN-20-12 Annexation Service Agreement (signed) AN-20-12 Application Documents AN-20-12 Consent to Annexation (signed) AN-20-12 Declination of Development Agreement (signed) AN-20-12 Presentation_updated 13. Receive a Staff Presentation and hold a Public Hearing to receive comments for or against Ordinance 2020-83, amending the Official Zoning Map of the City by rezoning approximately 32.24 acres of land, generally located in the 2400 Block of Hwy 123 (Case No. ZC-20-24), from “FD” Future Development District to “CD-5” Character District-5 District; and including procedural provisions; and consider approval of Ordinance 2020-83 on the first of two readings. Attachments: Ordinance ZC-20-24 CC Staff Report ZC-20-24 Maps ZC-20-24 Code Comparison ZC-20-24 Comp Plan Analysis Checklist ZC-20-24 Personal Notice ZC-20-24 Application Documents ZC-20-24 Presentation 14. Hold a public hearing and receive comments for or against Resolution 2020-256R, amending the Community Development Block Grant (CDBG) Action Plan for Program Year 2019 to add the awarded Community Development Block Grant- Coronavirus Response (CDBG-CV) Round Three allocation of $567,825 and approving projects for the use of these funds, authorizing the City Manager to act as the Official Representative of the City in matters related to the CDBG Program and Action Plan, declaring an effective date; and consider approval of Resolution 2020-256R. Attachments: Resolution 201117_CDBG-CV_pres NON-CONSENT AGENDA 15. Consider approval of Ordinance 2020-84, on the first of two readings, amending the traffic register maintained under Section 82.067 of the San Marcos City Code by reducing the speed limit from 30 miles per hour to 25 miles per hour along numerous streets in Sector 1 commonly referred to as the Dunbar and Heritage Neighborhoods; authorizing the installation of signs and traffic control devices reflecting the new speed limits; directing that the traffic register maintained under Section 82.067 of the San Marcos City Code be amended to reflect the new speed limits; and including procedural provisions. City of San Marcos Page 4 Printed on 11/10/2020 City Council Regular Meeting Agenda - Final November 17, 2020 Attachments: Ordinance - Speed Limits Sector 1.docx 25MPH Speed Reduction Map 25 MPH Speed Reduction Traffic Study Tech Memo.pdf USLIMIT2 reports 16. Consider approval of Resolution 2020-257R, approving an agreement for the provision of services in connection with the proposed owner requested annexation of approximately 73.412 +/- acres out of the Joel Miner Survey, Abstract No. 321, Hays County, generally located at 2811 Harris Hill Road in Case No. AN-20-11; authorizing the City Manager, or his designee, to execute said agreement on behalf of the City; setting a date for a Public Hearing concerning the proposed annexation of said tract of land; and declaring an effective date. Attachments: Resolution AN-20-11 Presentation AN-20-11 Annexation Service Agreement AN-20-11 Maps AN-20-11 Application 17. Discuss and consider appointments to the Tax Increment Reinvestment Zone (TIRZ) Number 2 - Carma Blanco Vista (now known as Blanco Vista) Board of Directors Attachments: Ord. 2005-17.pdf 18. Discuss and consider setting the date for the first regular City Council Meeting in December 2020, and provide direction to Staff. IV. Adjournment. POSTED ON TUESDAY, NOVEMBER 10, 2020 @ 4:00PM TAMMY K. COOK, INTERIM CITY CLERK Notice of Assistance at the Public Meetings The City of San Marcos does not discriminate on the basis of disability in the admission or access to its services, programs, or activities. Individuals who require auxiliary aids and services for this meeting should contact the City of San Marcos ADA Coordinator at 512-393-8000 (voice) or call Texas Relay Service (TRS) by dialing 7-1-1. Requests can also be faxed to 855-461-6674 or sent by e-mail to ADArequest@sanmarcostx.gov City of San Marcos Page 5 Printed on 11/10/2020

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