City Council

630 East Hopkins City of San Marcos San Marcos, TX 78666 Regular Meeting Agenda - Final City Council Tuesday, September 5, 2023 6:00 PM City Council Chambers 630 E. Hopkins St. This will be an in-person and online meeting. To view the meeting please go to http://sanmarcostx.gov/421/City-Council-Videos-Archives or watch on Grande channel 16 or Spectrum channel 10. I. Call To Order II. Roll Call III. Invocation IV. Pledges of Allegiance - United States and Texas V. Citizen Comment Period NOTE: Citizen Comment sign up procedures have changed: Persons wishing to participate remotely (speak) during the Citizen Comment portion must sign up at www.sanmarcostx.gov/citizencommentsignup before 12:00PM the day of the meeting. A link will be provided for participation on a mobile device, laptop or desktop computer. Those wishing to speak in person must sign up in the City Clerk's office between 8:00AM - 5:45PM the day of the meeting. 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. 1. Consider approval of Ordinance 2023-56, on the second of two readings, naming an unnamed street located between I-35 and Leah Avenue as Platinum Drive, including procedural provisions; and providing an effective date. 2. Consider approval of Resolution 2023-138R, approving an Interlocal Agreement with the San Marcos Consolidated Independent School District for the city ’s provision of police officers to the school district to serve as School Resource Officers; authorizing the City Manager or her designee, to execute said agreement on behalf of the City; and declaring an effective date. 3. Consider approval of Resolution 2023-139R, adopting the San Marcos Transit Riders Guide; and declaring an effective date. City of San Marcos Page 1 Printed on 8/31/2023 City Council Regular Meeting Agenda - Final September 5, 2023 4. Consider approval of Resolution 2023-140R, approving an agreement with AJR Media Group for the 2023-24 Digital Campaign Brand Awareness Project for the San Marcos Convention and Visitor Bureau to promote tourism in the annual amount of $ 146,152.00; authorizing the City Manager or her designee, to execute the agreement, plus three annual renewals, on behalf of the city; and declaring an effective date. 5. Consider approval of Resolution 2023-141R, approving a 12,861 square foot ground lease with Julep Aviation for the construction of an executive hangar at the San Marcos Regional Airport; authorizing the City Manager, or her designee, to execute the lease; and declaring an effective date. 6. Consider approval of Resolution 2023-142R, approving a release of easement and quitclaim deed of city property under the terms of an Easement Exchange Agreement with JMC Realty, LP, a Texas limited partnership; authorizing the City Manager, or her designee, to execute documents pursuant to this agreement on behalf of the city; and declaring an effective date. 7. Consider approval of Resolution 2023-143R, approving an Encroachment Agreement with Guadalupe-Blanco River Authority (GBRA) that allows relocation of certain GBRA Improvements, due to construction by Hays County, to encroach within a City easement in the vicinity of the intersection of Staples Road and Old Bastrop Highway; authorizing the City Manager, or her designee, to execute the said agreement on behalf of the city; and declaring an effective date. 8. Consider approval of Resolution 2023-144R, approving the assignment of private activity bond authority to the Texas Department of Housing and Community Affairs; and containing other provisions relating to the subject; authorizing the mayor to execute the appropriate documents; and providing an effective date. PUBLIC HEARINGS NOTE: Public Hearing sign up procedures have changed: Persons wishing to participate remotely (speak) during the Public Hearing portion must sign up at www.sanmarcostx.gov/citizencommentsignup before 12:00PM the day of the meeting. A link will be provided for participation on a mobile device, laptop or desktop computer. If attending in person, no sign up is required. 9. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-57, annexing into the City approximately 1.8 acres of land in Hays County, generally located east of the intersection between Lovelady Lane and State Highway 123 (Case No. AN-23-09); including procedural provisions; and providing an effective; and consider approval of Ordinance 2023-57, on the first of two readings. 10. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-58, approving the abandonment of a 43,560 square foot right-of-way described as Paramount Circle within the Champions Business Park Subdivision and located between I-35 Frontage and Post Road, subject to replacement right-of-way being dedicated to the city; authorizing the City Manager, or her designee, to execute a quitclaim deed to the abutting property owner requesting such abandonment, subject to the owner City of San Marcos Page 2 Printed on 8/31/2023 City Council Regular Meeting Agenda - Final September 5, 2023 dedicating a replacement right-of-way to the city; and providing an effective date; and consider approval of Ordinance 2023-58, on the first of two readings. 11. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-59, approving the abandonment of a 36,154 square foot right-of-way described as Champions Boulevard within the Champions Business Park subdivision and located between I-35 frontage and Post Road, subject to replacement right-of-way being dedicated to the city; authorizing the City Manager, or her designee, to execute a quitclaim deed to the abutting property owner requesting such abandonment, subject to the owner dedicating a replacement right-of-way to the city; and declaring an effective date; and consider approval of Ordinance 2023-59, on the first of two readings. 12. Receive a Staff presentation and hold a Public Hearing to receive comments for or against, Ordinance 2023-60, approving the abandonment of a 52,272 square foot right-of-way described as Premier Parkway within the Champions Business Park subdivision and located between I-35 frontage and Post Road, subject to replacement right-of-way being dedicated to the city; authorizing the City Manager, or her designee, to execute a quitclaim deed to the abutting property owner requesting such abandonment, subject to the owner dedicating a replacement right-of-way to the city; and declaring an effective date; and consider approval of Ordinance 2023-60, on the first of two readings. 13. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-61, adopting an operating budget in the amount of $321,150,452.00 for the fiscal year beginning October 1, 2023 and ending September 30, 2024; authorizing certain adjustments to the budget with the approval of the City Manager; adopting a fee schedule; approving fiscal year 2023-2024 Capital Improvements Program Projects in the amount of $77,033,000.00; including procedural provisions; and declaring an effective date; and consider approval of Ordinance 2023-61, on the first of two readings. 14. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-62, setting the tax rate for the 2023 tax year at 60.30 cents on each $100 of taxable value of real property that is not exempt from taxation; levying taxes for the use and support of the municipal government of the city for the fiscal year beginning October 1, 2023, and ending September 30, 2024; providing a sinking fund for the retirement of the bonded debt of the city; including procedural provisions; and providing an effective date; and consider approval of Ordinance 2023-62, on the first of two readings. 15. Receive a Staff Presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-63, amending the rates for Electric Utility Services in accordance with Section 86.177 of the San Marcos Code of Ordinances; including procedural provisions; and declaring an effective date; and consider approval of Ordinance 2023-63, on the first of two readings. 16. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-64, amending rates for the Water, Wholesale Water, Reclaimed Water, and Wastewater Treatment Utility Services in accordance with Section 86 of the San Marcos City Code of Ordinances; including procedural provisions; and declaring an effective date; and consider approval of Ordinance 2023-64, on the first of two readings. City of San Marcos Page 3 Printed on 8/31/2023 City Council Regular Meeting Agenda - Final September 5, 2023 17. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-65, amending the rates for residential and multifamily customers of solid waste programs, known as Resource Recovery, in accordance with Section 66.028 of the San Marcos Code of Ordinances; including procedural provisions; and declaring an effective date; consider approval of Ordinance 2023-65, on the first of two readings. 18. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-66, amending the rates for the Clean Community Fee, known as the Community Enhancement Fee, in accordance with Section 66.002 of the San Marcos Code of Ordinances; including procedural provisions; and declaring an effective date; consider approval of Ordinance 2023-66, on the first of two readings. NON-CONSENT AGENDA 19. Consider approval of Ordinance 2023-67, on the first of two readings, re-appointing Daniel Matthew Burns as an Associate Municipal Court Judge for the San Marcos Municipal Court of Record for a term of two years; and providing an effective date. 20. Consider approval of Ordinance 2023-68, on the first of two readings, authorizing the installation of speed cushions in both directions in the 200 through 400 blocks of Horace Howard Drive (from approximately 670 feet west of Old Bastrop Highway to Dachsund Drive); including procedural provisions; and providing an effective date. 21. Consider approval of Ordinance 2023-69, on first and final reading, amending Ordinance 2023-53, ordering a General Election to be held on November 7, 2023 for the purpose of electing a City Council Member for Place 3, and a City Council Member for Place 4 by establishing early voting and election day polling places for this election; making provisions for conducting the election; providing for the approval of this Ordinance as an emergency measure on only one reading; and providing an effective date. 22. Consider approval of Ordinance 2023-70, on the first of two readings, amending Section 6.030 of the San Marcos City Code to eliminate the five-day holding period exception for impounded stray cats having no traceable identification; including procedural provision; and declaring an effective date. 23. Consider approval of Resolution 2023-145R, approving a one-year State Use Contract with Easter Seals-Central Texas as certified through WorkQuest, a State purchasing cooperative, for vegetation, litter control, and landscape maintenance in the estimated amount of $1,261,436.03; authorizing the City Manager, or her designee, to execute this agreement on behalf of the City; and declaring an effective date. 24. Consider approval of Resolution 2023-146R, awarding an Indefinite Delivery Indefinite Quantity Contract with Ergon Asphalt & Emulsions, Inc., Colorado Materials, Ltd., and Texas Materials for the provision of road building materials on an as -needed basis for use by the Public Works Department in the estimated annual amount of $ 3,000,000 with the option to extend for up to four (4) one-year periods for a total contract term not to exceed five (5) years and a total cumulative contract amount of $15,000,000; authorizing the City Manager, or her designee, to execute the contract on behalf of the city; and declaring an City of San Marcos Page 4 Printed on 8/31/2023 City Council Regular Meeting Agenda - Final September 5, 2023 effective date. 25. Consider approval of Resolution 2023-147R, approving a Public Transit System Interlocal Agreement with the Capital Area Rural Transportation System (“CARTS”) for CARTS to provide public transit service and maintenance in the San Marcos urbanized area, with funding to carts in the amount of $2,268,000.00, of which $515,399.00 is to be paid by the city and the balance to be paid from federal and state sources; authorizing the City Manager, or her designee, to execute the agreement on behalf of the city; and declaring an effective date. 26. Consider approval, by motion, authorizing negotiations of a Development Agreement with Raymond Tarin, on behalf of Holt Texas, LTD, for approximately 132.892 acres out of the Samuel Craft Sr. Survey, Abstract Numbers 89 and 98, generally located 3,500 feet east of the York Creek Road and South Old Bastrop Highway intersection along the north side of South Old Bastrop Highway, and consider the appointment of a Council Committee to review the Development Agreement, if desired. 27. Hold discussion regarding the Historic Preservation Commission Recommendation Resolution 2023-01RR-HPC, amending Appendix C, Historic District Design Guidelines of the San Marcos Design Manual, to include specific design standards for maintaining the compatibility of historic residential site elements, such as but not limited to walkways, sidewalks, and topography, and provide direction to the City Manager. 28. Hold discussion on amending Chapter 2, Article 3 - Boards, Committees and Commissions, of the San Marcos City Code by amending Division 6. Parking Advisory Board, Sec. 2.172. - Composition of Members; and provide direction to the City Manager. EXECUTIVE SESSION NOTE: The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. The City Council may also publicly discuss any item listed on the agenda for Executive Session. 29. The City Council will convene in executive session pursuant to the following section of Chapter 551 of the Texas Government Code: A. Sec. §551.072: Real Property: to deliberate the sale, lease, or value of City property located on 611 West Martin Luther King Drive. DIRECTION/ACTION FROM EXECUTIVE SESSION 30. Consider action, by motion, or provide direction to Staff regarding the following Executive Session item held during the Work Session and/or Regular Meeting: A. Pursuant to Sec. §551.072 of the Texas Government Code: Real Property: to deliberate the sale, lease, or value of City property located on 611 West Martin Luther King Drive. VI. Question and Answer Session with Press and Public. NOTE: Question and Answer with Press and Public sign up procedures have changed: This is an opportunity for the Press and Public to ask questions related to items on this agenda. Persons City of San Marcos Page 5 Printed on 8/31/2023 City Council Regular Meeting Agenda - Final September 5, 2023 wishing to participate remotely (speak) during the Citizen Comment portion must sign up www.sanmarcostx.gov/citizencommentsignup before 12:00PM the day of the meeting. A call in number and link will be provided for participation on a mobile device, laptop or desktop computer. If attending in person, no sign up is required. NOTICE: In accordance with Section 2.045 (d) of the City Code, speakers must state their name, and must limit their remarks to three minutes. The allotted time will commence from the beginning of the speaker's remarks and will include any time spent in discussion between the speaker and council or board or commission members. Issues taking longer to communicate can be addressed outside the meeting to the city staff or to individual members of the council or board or commission, or submitted in writing. VII. Adjournment. POSTED ON THURSDAY, AUGUST 31, 2023 @ 5:30 PM ELIZABETH TREVINO, 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 6 Printed on 8/31/2023