San Marcos City Council Agenda Tuesday, July 7, 2015

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Tuesday, July 7, 2015 5:00 PM City Council Chambers  –  630 East Hopkins San Marcos, TX 78666
 

I.   Call To Order
II.   Roll Call
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.
1.  5:00PM 
Executive Session in accordance with Section §551.074 of the Texas Government Code: Personnel Matters – to discuss annual Appointee Evaluations and the duties of the city manager regarding the meet & confer negotiation process; in accordance with Section §551.087 of the Texas Government Code: Economic Development – to receive a briefing from the Greater San Marcos Partnership and deliberate regarding the potential offer of Economic Development Incentives to Project Humpty Dumpty, Project Endurance, Project PowerChip, and Tanger; and in accordance with Section §551.07 – Consultation With Attorney – to receive legal advice from the City Attorney regarding pending litigation, to wit: City of San Marcos, Texas v. Sam Brannon, Communities For Thriving Water – Fluoride Free San Marcos, Morgan Knecht and Kathleen O’Connell; Case No.15-1266 in the 274th District Court of Hays County Texas.
2.  Consider adoption or direction to Staff on matters discussed in Executive Session.
 
PRESENTATIONS
 
3.  Receive a presentation by Tom Taggart, Public Services Director regarding levels of naturally occurring fluoride in the City of San Marcos water supply, hold discussion, and provide direction to Staff.
 
4.  Receive a Staff Presentation and update on the flooding of businesses located on N. LBJ, and provide direction to staff.
 
6:00 PM
 
Receive a Staff Presentation and update on the flooding of businesses located on N . LBJ, and provide direction to staff.
 
III.  Invocation
 
IV.  Pledges Of Allegiance – United States And Texas
 
V.   30 Minute Citizen Comment Period
 
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.
 
5.  Consider approval of the following meeting minutes: June 12, 2015, Packet Meeting Minutes June 16, 2015 Regular Meeting Minutes
 
6.  Consider approval of Ordinance 2015-21, on the second of two readings, revising and updating Chapter 14, Buildings and Building Regulations, of the City Code; including procedural provisions; and providing for penalties.
 
7.  Consider approval of Resolution 2015-73R, awarding an annual contract to Texas Electric Cooperatives for the provision of Residential Electric Meters for the Public Services Department-Electric Utilities Division in the estimated annual amount  of $258,120.00; authorizing the City Manager or his designee to execute the appropriate purchasing documents on behalf of the City; and declaring an effective date.
 
8.  Consider approval of Resolution 2015-74R, expressing the City’s official intent to reimburse the costs of the Mill Street, Loop/Alto Street repaving, and Stagecoach Trail widening; in accordance with the attached Exhibit A; and declaring an effective date.
 
9.  Consider approval of Resolution 2015-75R, approving the purchase of furniture for the Fire Department from furniture for business through the Texas Comptroller of Public Account’s Texas multiple award schedule for Highmark Furniture and Installation (TXMAS-4-7110140) in the amount of $6,948.63; approving the purchase of furniture for the Fire Department from furniture for business through the Texas Cooperative Purchasing Network for Hon Company Furniture and Installation (r142208) in the total amount of $30,634.74 and for Allsteel Furniture and Installation (r142201) in the amount of $20,633.22; approving the purchase of furniture for the Fire Department from furniture for business for open market items in the amount of $ 5,861.88; approving the expenditure of $3,100.00 for the procurement of labor from furniture for business; authorizing the City Manager or his designee to execute the appropriate purchasing documents on behalf of the City and declaring an effective date.
 

10.  Consider approval of Resolution 2015 – 76R, approving the terms and conditions of an interlocal agreement with Hays County authorizing the City to accept the full allocation of Justice Assistance Grant funds from the U.S. Department of Justice in the amount of $13,533.00 for the City’s eligible law enforcement programs; authorizing the City Manager to execute this agreement on behalf of the City; and declaring an effective date.

 
11.  Consider approval, by motion, to approve Change in Service # 1 to HDR for the Transportation Master Plan for One-Way/Two-Way analysis on N. LBJ and Guadalupe Streets.
 
PUBLIC HEARINGS – 7:00 PM
 
12. 7:00PM;  
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2015-22 amending the Official Zoning Map of the City by rezoning 9.717 acres, more or less, of land located at 2805 Hunter Road from “MH” Manufactured Home District to “MF-24” Multifamily Residential District, and including procedural provisions; and consider approval of Ordinance 2015-22, on the first of two readings.
 
13. 7:00PM;  
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2015-23 amending the Official Zoning Map of the City by rezoning 101.199 acres, more or less of land in the 1300 block of East McCarty Lane from “GC” General Commercial to “HI” Heavy Industrial District, and including procedural divisions; and consider approval of Ordinance 2015-23, on the first of two readings.
 
14. 7:00PM;  
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Resolution 2015-77R, approving the issuance of a permit to Raiser, LLC (a wholly owned subsidiary of Uber technologies, Inc.) to operate a Transportation Network Company in the City of San Marcos; and declaring an effective date; and consider approval of Resolution 2015-77R.
 
15. 7:00PM;  
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Resolution 2015-78R, approving the issuance of a Limousine Service Certificate to Elton Zeneli, d/b/a Luxury Limo Express for the provision limousine service in the City; and declaring an effective date, and consider approval of Resolution 2015-78R.
 
16. 7:00PM;  
Receive a Staff presentation and hold a Public Hearing to receive comments for or against the annexation of 1077.19 +/- acres, consisting of multiple tracts of land and associated rights-of-way, located within 14 separate areas within the Extra Territorial Jurisdiction (ETJ) as guided by the City of San Marcos Annexation/Extraterritorial Jurisdiction (ETJ) Management Strategy.
 
17. 7:00PM; 
Receive a Staff presentation and hold a Public Hearing to receive comments for or against granting a petition by Highpointe Communities for voluntary annexation and annexing for all purposes, a 417.630 +/- acre tract of land out of the William H. Van Horn Survey, Abstract No. 464, Hays County, Texas. Being a portion of those certain 100.22-Acre, 67.53-Acre, 248.77 Acre, and 5.01 Acre, Tracts Conveyed to JOQ – San Marcos Ventures L.P. by Deed of Record in Volume 1820, Page 715, of the Official Public Records of Hays County, Texas. Generally located on the east side of IH 35, south side of Posey Road and east side of Old Bastrop Road.
 
18. 7:00PM;  
Receive a Staff presentation and hold a public hearing to receive comments for or against a request by Robert  H. Jett on behalf of 19 households, located within the Sunset Acres Neighborhood, to appeal a decision made at the May 26, 2015 Planning and Zoning Commission, in which the Planning and Zoning Commission granted a Conditional Use Permit (CUP 15-09) for the sale of mixed beverages for onsite consumption to Hooters, located at 1305 S IH 35.
 
NON-CONSENT  AGENDA
 
19. Consider approval of Resolution 2015-79R, approving an access easement with William A. Taylor to accommodate the relocation of a driveway near the intersection of Hopkins Street and West San Antonio Street in connection with the Hunter Road Widening Project; authorizing the City Manager to execute this release of easement on behalf of the City; and declaring an effective date.
 
20. Consider approval, by motion, of City Manager Jared Miller’s appointment of George Landry to the Civil Service Commission.
 
21. Consider the appointment of Catherine Cox Welsh to fill a vacancy on the Housing Authority as a Resident Commissioner, and provide direction to staff.
 
22. Receive a Staff presentation and hold discussion regarding a possible amendment to Chapter 74 of the City Code to include a new Article 6 that allows for Sidewalk Cafés, Parklets, and Similar Uses of Public Rights-of-way and associated fees, and provide direction to Staff.
 
23. Hold discussion regarding the Airport Commission, and provide direction to Staff.
 
24. Hold discussion regarding Section 2.044 – Preparation of Agenda of the San Marcos City Code, and provide direction to Staff.
 
VI.   Question and Answer Session with Press and Public. This is an opportunity for the Press and Public to ask questions related to items on this agenda.
VII.  Adjournment.
 
POSTED ON THURSDAY, JULY 2, 2015 @ 12:00PM JAMIE LEE PETTIJOHN, 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. Individual’s 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 7-11. Requests can also be faxed to 855-461-6674 or sent by email to ADArequest@sanmarcostx.gov

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