City Council

630 East Hopkins City of San Marcos San Marcos, TX 78666 Regular Meeting Agenda - Final City Council Tuesday, October 17, 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 2023-73, on the second of two readings, amending Chapter 10, Aviation, by adding a new Article 3, Airport Hazard Zoning and Surrounding Land Use Ordinance, that establishes Airport Zoning Regulations to support land use compatibility and airspace protection for the San Marcos Regional Airport; creating associated offenses and penalties; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date. 2. Consider approval of Ordinance 2023-74, on the second of two readings, approving the 2023 Annual Service Plan Update for the Whisper Public Improvement District; authorizing the City Manager, or designee, to execute said document on behalf of the city; and declaring an effective date. City of San Marcos Page 1 Printed on 10/12/2023 City Council Regular Meeting Agenda - Final October 17, 2023 3. Consider approval of Ordinance 2023-75, on the second of two readings, approving the 2023 Annual Service Plan Update for the Whisper South Public Improvement District; authorizing the City Manager, or designee, to execute said document on behalf of the city; and declaring an effective date. 4. Consider approval of Ordinance 2023-76, on the second of two readings, approving the 2023 Annual Service Plan Update for the Trace Public Improvement District; authorizing the City Manager, or designee, to execute said document on behalf of the city; and declaring an effective date. 5. Consider approval of Ordinance 2023-77, on the second of two readings, amending Chapter 19 of the San Marcos City Code regarding special events for the purposes of creating more ease in the application process, establishing a one stop shop for customers and improving safety, equity and coordination of events; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date. 6. Consider approval of Ordinance 2023-78, on the second of two readings, amending Section 2.172 of the San Marcos City Code to change the membership requirements for service on the Parking Advisory Board; including procedural provisions; and providing an effective date. 7. Consider approval of Resolution 2023-161R, approving the updated Texas Department of Transportation sponsored Public Transportation Agency Safety Plan (PTASP), version 2, and establishing fiscal year 2024 safety performance targets for the City of San Marcos Public Transit Services in accordance with 49 CFR part 673; and declaring an effective date. 8. Consider approval of Resolution 2023-162R, approving the Transit Asset Management Plan and establishing safety performance targets for the City of San Marcos Public Transit Services in accordance with 49 CFR part 625; and declaring an effective date. 9. Consider approval of Resolution 2023-163R, approving a contract with Texas Disposal Systems for disposal of street sweeping and storm water management pond waste in the annual amount of $170,000.00 with up to four one year extensions for a total possible contract price of $850,000.00; authorizing the City Manager, or her designee, to execute the contract and renewals on behalf of the city; and declaring an effective date. 10. Consider approval of Resolution 2023-164R, approving a contract with Alamo Crane Service Inc. for crane and hauling services regarding electrical equipment and improvements in the annual amount of $60,000.00 with up to four one year extensions for a total contract price of $300,000.00; authorizing the City Manager, or her designee, to execute the contract and renewals on behalf of the city; and declaring an effective date. 11. Consider approval of Resolution 2023-165R, approving a Regional Law Enforcement Academy (RLEA) agreement with the Capital Area Council of Governments (CAPCOG) related to CAPCOG’s use of the city drive track and shooting range; authorizing the City Manager, or her designee, to execute said agreement on behalf of the city; and declaring an effective date. City of San Marcos Page 2 Printed on 10/12/2023 City Council Regular Meeting Agenda - Final October 17, 2023 12. Consider approval of Resolution 2023-166R, approving a funding contract with the non-profit San Marcos Sights and Sounds of Christmas, Inc. for the 2023 Sights and Sounds of Christmas signature event with the City providing funds in an amount not to exceed $100,000.00; authorizing the City Manager, or her designee, to execute the agreement on behalf of the city; and declaring 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.. 13. Hold a Public Hearing to receive comments for or against Resolution 2023-167R, approving the Fare and Service Change Policy for the San Marcos Public Transit Services per section 5307 Small Urbanized Area Formula Grants guidelines; and declaring an effective date; and consider approval of Resolution 2023-167R. 14. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-79, adopting the “Vision SMTX Comprehensive Plan” as the Comprehensive Plan of the City of San Marcos, adopting the Preferred Scenario Map therein as the future land use map of the city; repealing prior ordinances which adopted and amended the previous comprehensive plan, “Vision San Marcos: A River Runs Through Us” and the associated preferred scenario map designations and providing new associated designations from the preferred scenario map; including procedural provisions; and providing an effective date; and consider approval of Ordinance 2023-79, on the first of two readings. 15. Receive a Staff presentation and hold a Public Hearing to receive comments for or against Resolution 2023-168R, approving the Downtown Area Plan, including a focus on historic and cultural character, parking, public amenities, streetscape enhancements, and housing; and declaring an effective date; and consider approval of Resolution 2023-168R. NON-CONSENT AGENDA 16. Consider approval of Ordinance 2023-72, on the second of two readings, amending the San Marcos Development Code to, among other things, address changes made in the 2023 Legislative Session, improve development processes related to development agreements, certificates of appropriateness, demolition by neglect, and parks and open space dedication, add clarity, correct discrepancies within the Code, and incorporate City Council direction for Code amendments including improved Historic District and Landmark Designation Criteria, increasing the Occupancy Restriction limit from two to three unrelated persons, creating a new business park zoning district, and making Waste Related Services a conditional use in all instances, providing a savings clause; and providing for the repeal of any conflicting provisions; and providing an effective date. 17. Discuss and consider appointments to fill vacancies on the following Boards and Commissions; and provide direction to Staff. City of San Marcos Page 3 Printed on 10/12/2023 City Council Regular Meeting Agenda - Final October 17, 2023 A) Housing Authority Board B) Planning and Zoning Commission 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. 18. The City Council will convene in executive session pursuant to the following sections of the Texas Government Code: A. Sec. §551.071: Consultation with Attorney: to receive advice of legal counsel regarding pending litigation in the matter of Eric Cervini, et al. vs. Chase Stapp, Brandon Winkenwerder, Matthew Danzer, and City of San Marcos; Civil Action No. 1:21-CV-00568-RP; In the United States District Court, Western District of Texas; Austin Division. B. Sec. §551.071: Consultation with Attorney: to receive advice of legal counsel regarding the regulation of land uses near the city’s airport. DIRECTION/ACTION FROM EXECUTIVE SESSION 19. Consider action, by motion, or provide direction to Staff regarding the following Executive Session items held during the Work Session and/or Regular Meeting pursuant to the following sections of the Texas Government Code: A. Sec. §551.071: Consultation with Attorney: to receive advice of legal counsel regarding pending litigation in the matter of Eric Cervini, et al. vs. Chase Stapp, Brandon Winkenwerder, Matthew Danzer, and City of San Marcos; Civil Action No. 1:21-CV-00568-RP; In the United States District Court, Western District of Texas; Austin Division. B. Sec. §551.071: Consultation with Attorney: to receive advice of legal counsel regarding the regulation of land uses near the city’s airport. 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 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. City of San Marcos Page 4 Printed on 10/12/2023 City Council Regular Meeting Agenda - Final October 17, 2023 POSTED ON THURSDAY, OCTOBER 12, 2023 AT 2:30PM 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 5 Printed on 10/12/2023