City of San Marcos City Council Dec 2021

630 East Hopkins
City of San Marcos San Marcos, TX 78666
Meeting Minutes
City Council
Tuesday, December 7, 2021 6:00 PM City Council Chambers/Virtual
630 E. Hopkins
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 6:00 p.m. Tuesday, December 7,
2021. The meeting was held in-person and online.
II. Roll Call
Present: 7- Mayor Jane Hughson, Council Member Maxfield Baker, Council Member Saul
Gonzales, Mayor Pro Tem Shane Scott, Deputy Mayor Pro Tem Alyssa Garza,
Council Member Mark Gleason and Council Member Jude Prather
III. Invocation
IV. Pledges of Allegiance - United States and Texas
Council Member Prather led the assembly in the Pledges of Allegiance.

V. 30 Minute Citizen Comment Period
Sharri Levine Boyett, Hays County Animal advocate and a animal shelter
volunteer, expressed concern about the shelter manager position that has been
vacant for over a year. She would like to expedite the process of hiring this
position due to shelter staff shortages. She stated it's been three years since the
positive outcome plan was implemented and the direction provided by council
to achieve this plan has yet to occur. Ms. Boyett suggested the creation of a
council committee for Animal Services. She also spoke regarding item #28 on
the sell of pets and believes that these stores could be featuring shelter animals
instead of animals that come from puppy mills in large scale or breeding
facilities.
Lisa Marie Coppoletta, would like for council to table the Habitat
Conservation Plan until there is more dialogue. She would like to see the
packet meetings held on Fridays and she expressed concern with unanswered
City of San Marcos Page 1

City Council Meeting Minutes December 7, 2021
questions. She expressed concern with archeological sites near the river.
Paul Cauduro, provided history of the Austin Apartment Association (AAA).

He spoke regarding the ongoing requirement that residential rental property
owners issue a 90-Day notice of proposed eviction and opportunity to cure rent
delinquency notice prior to attempting to recover possession of their property.
The ordinance does not end until the city ends its disaster declaration issued in
response to COVID-19. The AAA requests that this notice requirement be
placed on the next available city council agenda and that council vote to
rescind the requirement.
Stacy Sutton Kerby, spoke on behalf of the Texas Humane Legislation

Network and about item #28. She stated the organization perspective on retail
sale of dogs and cats comes from years of working with local advocates who
initiated grassroots campaigns to regulate the sale of companion animals in
their communities. She mentioned the top complaints is the purchase of ill or
defective puppies from retail establishments that sell commercially bred pets.
USDA records show nearly all the puppies sold in those establishments are
sourced from out of state, large scale commercial breeding facilities. A humane
retail pet sales ordinance will protect San Marcos citizens from unwittingly
purchasing puppies produced and shipped under such conditions.
Shannon Graham, spoke regarding #28. She stated she visited the store Pick A
Pet and there is no pricing of these puppies on their kennels and also no
breeder information is made available to the public. She expressed concern
that the breeder out of Missouri has 402 puppies and adult dogs on the
property. Texas does not require a certificate of veterinary inspection when
dogs cross state lines.
Jennifer Hayes, is an animal advocate and a shelter volunteer. She supports the
passage of a humane pet law that prohibits pet stores from selling puppies and
kittens. She expressed concern with the pet store that opened at the Outlet
Mall and stated that these animals come from high factory farms known as
puppy mills. She stated the fact that the pet store owner will not disclose the
breeder's contact information is concerning. She stated the animals are not
spayed or neutered and the owner would like to recoup the money spent so
they would breed and sell the puppies on their own. She expressed concern
with breeding that reduces adoptions from the animal shelter. She mentioned
surrounding cities are working on an ordinance prohibiting selling dogs and
cats at pet stores. She stated the job for the animal shelter manager was closed
and would like council to select the right person for this position. She

expressed concern that the shelter has been regressing and needs management
that would lead to no kill, treating staff and volunteers with respect and not
cutting corners to achieve high live outcome numbers.
Rodrigo Amaya, expressed concern with the poor leadership that continues to
be displayed. He shared his experience working at the animal shelter and
clearly it is not a priority. He expressed concern with the approach of the San
Marcos Police Department and not offering the assistance required in relation
to the Biden bus incident. The police officers that are still employed is
disappointing. He thanked the council members that voted against the hotel
reimbursement because he feels it is COVID relief fraud.
Dr. Rosalie Ray, spoke regarding the Transportation Master Plan. She lives on
Holland Street and having bike lanes and speed humps made it possible for her
to ride her bike to work and partner to work from home so there was not a
need for a second car. She would like council to think of the infrastructure,
particularly in the bike lane amendments, to create more places that people
could live light on the roads. She would like council to increase the
connectivity of the non-car modes but expressed concern with areas that do
not have or there are no plans to have sidewalks or bike lanes. She would like
council to find ways to make improvements without having to wait for a
capital improvement redesign but to work quickly to provide necessary
connectivity.
CONSENT AGENDA
A motion was made by Mayor Pro Tem Scott, seconded by Council Member
Baker, to approve consent agenda items # 1 and #3-9. Item #2 was pulled and
considered separately after the Public Hearings. The motion carried by the
following vote:
For: 7- Mayor Hughson, Council Member Baker, Council Member Gonzales, Mayor Pro
Tem Scott, Deputy Mayor Pro Tem Garza, Council Member Gleason and Council
Member Prather
Against: 0
1. Consider approval, by motion, of the following meeting minutes:

a. November 3, 2021 - Regular Meeting Minutes
b. November 3, 2021 - Work Session Meeting Minutes
c. November 15, 2021 - Special Meeting Minutes - Election Canvass & Swearing In
d. November 16, 2021 - Work Session Meeting Minutes
3. Consider approval of Resolution 2021-235R, authorizing a Change in Service to the agreement

with Pest Management, Inc. to extend the agreement for one year for pest control services at

City-owned facilities in the amount of $25,000.00 for a total contract price of $63,665.10 and
authorizing one additional annual renewal; authorizing the City Manager or his designee to
execute the agreement on behalf of the City; and declaring an effective date.
4. Consider approval of Resolution 2021-236R, authorizing a Change in Service to the

agreement with MGT Consulting Group, LLC to add cost allocation plan services in the
amount of $25,400.00 for a total contract amount of $60,800.00; authorizing the City
Manager or his designee to execute the appropriate documents to implement the
Change in Service; and declaring an effective date.

with Alan Plummer Associates, Inc. for the provision of design, bidding, and construction phase
services associated with the Comanche Pump Station Improvements Project in the
not-to-exceed amount of $214,815.00; authorizing the City Manager or his designee to execute
the documents necessary to implement the Change in Service on behalf of the City; and
declaring an effective date.
6. Consider approval of Resolution 2021-238R, authorizing a Change in Service to the

agreement with Tyler Technologies, Inc. to renew a license for MobileEyes Inspection
Software for use by the City of San Marcos Fire Department in the estimated annual
amount of $14,280.00 for a total contract amount of $61,715.00 and authorizing three
annual renewals; authorizing the City Manager or his designee to execute the appropriate
documents to implement the Change in Service; and declaring an effective date.
7. Consider approval of Resolution 2021-239R, approving a contract with National Railroad Safety
Service, Inc. for flagging services in connection with the San Marcos River Shared Use
Pathway Project in the estimated amount of $80,000.00; authorizing the City Manager, or his
designee, to execute the contract and associated documents on behalf of the City;
8. Consider approval of Resolution 2021-240R, approving a contract between the City and Hays
County for the City’s provision of Library Services to residents of Hays County; authorizing the
City Manager or his designee to execute the contract on behalf of the City; and declaring an
effective date.

with Tyler Technologies, Inc. for a one-time conversion of system department codes in the
amount of $60,000.00; authorizing the City Manager or his designee to execute the appropriate
documents necessary to implement the Change in Service on behalf of the City; and declaring
an effective date.
PUBLIC HEARINGS
10. Receive a Staff presentation and hold a Public Hearing to receive comments for or against
Ordinance 2021-91, annexing into the City approximately 3.60 acres of land generally located at
the northwest corner of the State Highway 123 and Clovis Barker Road Intersection in Case
Number AN-21-10; including procedural provisions; and providing an effective date; and
consider approval of Ordinance 2021-91, on the first of two readings.

Shannon Mattingly, Director of Planning and Development Services, provided

a brief presentation regarding the annexing of 3.60 acres located at the
northwest corner of State Highway 123 and Clovis Barker Road. She stated
applicant is proposing development of a gas station and convenience store.
Mayor Hughson, opened the Public Hearing at 6:32 p.m.
Those who spoke:
Lisa Marie Coppoletta, inquired if the neighbors are notified when a property
is being annexed? She expressed concern with heavy commercial district which
could bring fumes and an increase of traffic.
There being no further speakers, Mayor Hughson closed the Public Hearing at
6:33 p.m.
Gleason, to approve Ordinance 2021-91, on the first of two readings. The
motion carried by the following vote:
For: 6- Mayor Hughson, Council Member Gonzales, Mayor Pro Tem Scott, Deputy Mayor
Pro Tem Garza, Council Member Gleason and Council Member Prather
Against: 1- Council Member Baker
Ordinance 2021-92, annexing into the City approximately 2.1 acres of land, generally located in
the 5900 Block of South IH-35; including procedural provisions; and providing an effective date;
and consider approval of Ordinance 2021-92, on the first of two readings.

a presentation regarding the annexation of 2.1 acres located in the 5900 Block
of South IH-35. She stated the applicant is proposing development of a gas
station and convenience store.
Mayor Hughson opened the Public Hearing at 6:36 p.m.
Those who spoke:
Trevor Tast, representing the developer, spoke in favor of the project. The
developer is proposing a convenience store and gas station on the property .
The previous master plan preliminary plat with the Las Colinas Master
Development in 2018 was for a convenience store and gas station. The
developer is not proposing any changes. Mr. Tast stated he is available to

answer questions.
There being no further speakers, Mayor Hughson closed the Public Hearing
6:38 p.m.
Council Member Baker spoke in opposition of this item. He expressed concern

with the increase of fossil fuels in order to allow more gas stations. He would
like to have a change in the Land Development Code to require bike facilities
before voting yes.
Gonzales, to approve Ordinance 2021-92, on the first of two readings. The
Ordinance 2021-93, amending the Official Zoning Map of the City in Case No. ZC-21-17 by
rezoning approximately 2.78 acres of land, generally located in the 5900 Block of South IH-35,
from “FD” Future Development District and “AR” Agricultural Ranch District to “HC” Heavy
Commercial District, or, subject to consent of the owner, another less intense zoning district
classification, and including procedural provisions; and providing an effective date and consider
approval of Ordinance 2021-93, on the first of two readings.
Shannon Mattingly, Director of Planning and Development Services provided

a presentation regarding the
rezoning of 2.78 acres located at 5900 Block of South IH-35. She stated the
Planning and Zoning commission recommend denial of the request to zone to
Heavy Commercial (HC) and recommends the lesser zoning district of
Commercial (CM). For council to approve this request, a super majority of 6
will be required due to the earlier denial. She stated staff supports the Heaving
Commercial zoning however the applicant has agreed to go through the
process for the Commercial zoning instead. In order for the applicant to
develop the gas station in the CM zoning district, the applicant would have to
go through the Conditional Use Permit (CUP) process.
Those who spoke:
Trevor Tast, representing the developer, spoke in favor of this project. He

stated P&Z denied it due to the allowance of a truck stop. He stated Ms.

Mattingly presented an option to add deed restrictions to restrict the gas

station from allowing truck stops. Mr. Tast stated there is no intention for a
truck stop.
Allan Davis, supports this project and stated there are no plans to have a truck
stop for 18 wheelers and is happy to add deed restrictions.
Lisa Marie Coppoletta, would like city staff to provide a staff report or
summary added to the agenda packet. She expressed concern that if there is no
turning lane for a truck stop how are they going in to put in gas.
She doesn't understand the disconnect between staff recommending approval
and Planning and Zoning Commissioners recommending a denial. She would
like to know if the applicant went to each neighbor and dropped leaflets or was
there a neighborhood meeting. She expressed concern with zoning, fumes,
noise, and traffic.
6:52 p.m.
Prather, to approve Ordinance 2021-93, on the first of two readings.
Mr. Cosentino explained the process of approving Commercial (CM) zoning

and the CUP process.
The motion to approve Heavy Commerical zoning failed by the following vote:
For: 2- Mayor Pro Tem Scott and Council Member Prather
Against: 5- Mayor Hughson, Council Member Baker, Council Member Gonzales, Deputy Mayor
Pro Tem Garza and Council Member Gleason
A motion was made by Council Member Gleason, seconded by Mayor Pro

Tem Scott, to approve Commercial (CM) zoning. He inquired about the
Planning and Zoning Commission's recommendation to waive the CUP fee.
Mayor Hughson inquired about the process to do that.
Mr. Cosentino confirmed that waiving the CUP fee could be added to a future
agenda if that is the Council's intent.
Council Member Garza asked why waive the CUP fees? Mayor Hughson stated
the developer is asking for one zoning category but that has not been
approved; they will receive a different category and she doesn't think we
should charge them in this case.
The motion carried by the following vote:

Member Prather
Against: 0
Ordinance 2021-94, amending the Official Zoning Map of the City in Case ZC-21-22, by
rezoning approximately 12.75 acres of land, described as Lot 3A of the Replat of Lot 3A, Block
1, Section 2, McKinley Place, located at 1250 Wonder World Drive, from “GC” General
Commercial District to “CD-5” Character District - 5, or, subject to consent of the owner,
another less intense zoning district classification; including procedural provisions; and
providing an effective date, and consider approval of Ordinance 2021-94, on the first of two
readings.

a presentation regarding the rezoning of 12.75 acres located at 1250 Wonder
World Drive. She stated it was formerly the Starplex movie theater.
Those who spoke:
Daniel Campbell, spoke in favor of the project. He stated it will be a mixed use
project with walkable destinations. The property will have buildings along
Leah Avenue with residential property. There is a bus stop in front of Sam's
and he is hopeful it will be used to increase ability of pedestrian connection.
This project is not student housing but more for a college graduate
environment with amenities of dog parks and shared spaces. There will be a
different traffic time, traffic will be dispersed throughout the day with
multi-family in place as opposed to arrival and departure where people work.
He would like residents to walk to work with the close proximity of the
hospital to the north and Amazon connected to Leah Avenue. He thanked
council for their consideration.
Daniel Fritz, spoke in favor of the project. He stated many of the residents will
come from the outlets, Amazon and the hospital. He stated he hopes to have
people to walk or bus to get to their employment centers. He mentioned there
are many points of access and multiple ways to come in and out of the
property. He stated Wonder World should not be clustered which is a concern
for people.

Lisa Marie Coppoletta, inquired about the pricing for the shared spaces. She
expressed concern with the traffic and flooding in the area.
7:17 p.m.
MAIN MOTION: A motion was made by Council Member Prather, seconded

by Mayor Pro Tem Scott, to approve Ordinance 2021-94, on the first of two
readings.
MOTION TO AMEND: A motion was made by Council Member Gleason,

seconded by Council Member Gonzales, to add a deed restriction to limit
buildings to three stories.
The motion to amend carried by the following vote:

For: 4- Mayor Hughson, Council Member Baker, Council Member Gonzales and Council
Member Gleason
Against: 3- Mayor Pro Tem Scott, Deputy Mayor Pro Tem Garza and Council Member Prather
MAIN MOTION: to approve Ordinance 2021-94, on the first of two readings,

as amended. The motion carried by the following vote:
Member Prather
Against: 0
Resolution 2021-243R, authorizing the submission of the 2020-2021 Community Development
Block Grant (“CDBG”) Program Consolidated Annual Performance Evaluation Report
(“CAPER”) to the United Stated Department of Housing and Urban Development (HUD); and
declaring an effective date; and consider approval of Resolution 2021-243R.
Carol Griffith, Housing and Community Development Manager, provided a

presentation on the Consolidated Annual Performance Evaluation and
Performance Report (CAPER) that is submitted to the Department of Housing
and Urban Development (HUD). She stated the report summarizes the City's
performance for the year.
Mayor Hughson opened the Public Hearing at 7:25 pm
Those who spoke:
Lisa Marie Coppoletta, expressed concern with people not being able to pay

for mortgages due to high property taxes.
7:28 p.m.
A motion was made by Council Member Gleason, seconded by Council

Member Prather, to approve Resolution 2021-243R. The motion carried by the
following vote:
Member Prather
Against: 0
Resolution 2021-244R, approving a Development Agreement with Casata San Marcos, LLC to
provide for the annexation and to regulate the future development of approximately 31.79 acres
of land in the Extraterritorial Jurisdiction located at 2138 and 2390 Post Road; authorizing the
City Manager, or his designee, to execute the agreement of behalf of the City; and providing an
effective date; and consider approval or Resolution 2021-244R.

a presentation regarding a Development Agreement with Casata San Marcos
for 32 acres located at 2138 and 2390 Post Road. She stated the applicant is
proposing 210 micro homes in a manufactured home district for rent and 40
single-family detached/attached and duplex for rent or sale but that has not
been determined.
Aaron Levy, developer, spoke in favor of the project. He stated the CD-4 in
the agreement is a for sale product. He clarified they are not going to have
micro homes but will have a product that meets residential code on a
permanent foundation with options of 400-1100 sq ft. He mentioned the intent
was to create an opportunity for sustainability and attain a housing product as
a solution for middle class housing. He mentioned they will consider
construction of a public bus stop on Post Road.
Thomas Buzzelli, spoke in favor of the project. He is available to answer

questions.
Thomas Rhodes, spoke in favor of the project. He stated he presented to the

developer a for sale product and it was adopted. The product being proposed is
either a single-family detached townhome or duplex that will be for sale and

will be working on a market study to analyze which product is needed. He

stated staff recommended manufacture district that only allows tiny homes but
the proposed project does not fit the tiny home definition due to square
footage.
Kyle Klinger, project manager for Casata, supports this project and is
available to answer questions.
Luke Caraway, engineer for the project is in attendance and is in support of

this project.
Lisa Marie Coppoletta, expressed concern with flooding in the area. Would
like to know if a flood analysis has been done.
7:57 p.m.
MAIN MOTION: A motion was made by Council Member Prather, seconded

by Council Member Gleason, to approve Resolution 2021-244R.
Council Member Baker does not support this project due to the occupancy
restrictions. He mentioned this project could be used for transitional housing.
Mayor Hughson inquired about occupancy restrictions. Mr. Levy stated the
occupancy restriction is related to the rental units and the intention is not to be
student housing. Mr. Levy stated the tiny homes are not a for sale product.
Council Member Gonzalez asked what percentage of the homes are being sold
and the price range? Mr. Levy stated it is 40 parcels for single-family for sale
and 210 micro homes for rent. He mentioned, a market study will need to be
done to determine price.
MOTION TO AMEND: A motion was made by Council Member Baker,

seconded by Mayor Pro Tem Scott to remove the occupancy restrictions in the
development agreement under Section 1, General Terms and Conditions 1.06
Special Standards, item A which reads Occupancy of all units shall be
restricted to a family and up to one other person who is not related to any of
the other family members by blood, legal adoption, marriage, or
conservatorship.

Tem Scott, Deputy Mayor Pro Tem Garza and Council Member Prather
Against: 1- Council Member Gleason
MOTION TO AMEND: A motion was made by Mayor Hughson, seconded by

Mayor Pro Tem Scott, to strikethrough the words "for sale" and "for rent"
from the concept plan. The motion carried by the following vote:
For: 6- Mayor Hughson, Council Member Baker, Mayor Pro Tem Scott, Deputy Mayor Pro
Tem Garza, Council Member Gleason and Council Member Prather
Against: 1- Council Member Gonzales
MAIN MOTION: to approve Resolution 2021-244R, as amended. The motion

carried by the following vote:
Member Prather
Against: 0
Resolution 2021-245R, approving a Development Agreement with Holman-Farrar Holdings,
LLC, to provide for the annexation and to regulate the future development of approximately 1.11
acres of land in the City’s Extraterritorial Jurisdiction located at 1850 Old Ranch Road 12;
authorizing the City Manager, or his designee, to execute the agreement on behalf of the City;
and providing an effective date; an consider approval of Resolution 2021-245R.

a presentation regarding the Ranch Road Storage Development Agreement for
1.11 acres located at 1850 Old Ranch Road 12.
Those who spoke:
Lisa Marie Coppoletta, supports this project due to the new improvements.
8:29 p.m
Gleason, to approve Resolution 2021-245R. The motion carried by the
following vote:
Member Prather

Against: 0
Resolution 2021-246R, approving a Development Agreement with HK Baugh Ranch, LLC, HK
Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future
development of approximately 1,142 acres of land presently in the City’s Extraterritorial
Jurisdiction and generally located along Old Bastrop Highway between Redwood Road on the
Southwest and the San Marcos River on the Northeast; authorizing the City Manager, or his
designee, to execute the agreement on behalf of the City; and providing an effective date; and
consider approval of Resolution 2021-246R.
Joe Pantalion, Assistant City Manager, provided a presentation regarding the

Riverbend Ranch Development Agreement for 1,142 acres located Old Bastrop
Highway and Staples Road. He stated the proposed project will be floodplain
preservation, linear park and lake system with single-family, multifamily,
commercial and light industrial uses.
Those who spoke:
Lisa Marie Coppoletta, expressed concern with flooding in the area and would
like to know how this project would help to eliminate flooding.
8:37 p.m.
A motion was made by Mayor Hughson, seconded by Mayor Pro Tem Scott,
to approve Resolution 2021-246R.
Council Member Baker expressed concern with the project being near the
river.
The motion to approve Resolution 2021-246R carried by the following vote:

For: 5- Mayor Hughson, Council Member Gonzales, Mayor Pro Tem Scott, Council
Member Gleason and Council Member Prather
Against: 2- Council Member Baker and Deputy Mayor Pro Tem Garza
proposed amendments to Appendix A - Thoroughfare Plan and Appendix G - Bicycle Plan of
the Transportation Master Plan that would modify various roadway alignments and bicycle
facility classifications.
Amanda Hernandez, Assistant Director of Planning, provided a presentation

regarding the Thoroughfare Plan on the road alignments and Bicycle Plan on
the bike facilities amendments.
Those who spoke:
Gabrielle Moore, stated there would need to a right of way acquisition at

Barnes Lane by the Target Center. She stated cycling is not just recreational
it's a form of transportation for some. She stated there is a turn lane that is not
in use and could be used as a buffer bike lane and would like that request to be
put back in. Regarding Monterrey Oaks, she stated it is important to have safe
routes to school and have bicycle infrastructure for students. She expressed
concern with the removal of the crosswalk at Old Ranch Road 12 that it's a
dangerous crossing area.
Lisa Marie Coppletta, stated there is no data on the use of bike lanes since it is
not being presented and she expressed concern with the amount of money
going to be spent on this project.
There being no further speakers, Mayor Hughson closed the Public Hearing
9:12 p.m.
Council Member Baker asked if staff made an effort to get data on the use of
bike lanes. Mr. Reynosa stated we do not have that information but has done
one on a pedestrian crossing on Hopkins and Wonder World. He stated he will
check with the Transportation department for the data.
Council Member Gonzales agrees with Council Member Baker. Mr. Reynosa
stated the group was an organization with Move San Marcos and they met with
the engineering staff. Council Member Gonzales asked that this data be
included for Hunter Road, Wonder World and Post Road.
14. Receive a Staff presentation and hold a Public hearing to receive comments for or against
Ordinance 2021-95, Levying Special Assessments for, and apportioning the costs of, certain
improvements to property in and for the Whisper South Public Improvement District; fixing a
charge and lien against all properties within the district, and the owners thereof; providing for
the manner and method of collection of such assessments; making a finding of special benefit
to property in the district and the real and true owners thereof; approving a service and
assessment plan; providing a severability clause; and providing an effective date, and consider
approval of Ordinance 2021-95, on the first of two readings.
Marie Kalka, Finance Director introduced Bart Fowler, bond counsel. Mr.
Fowler provided a presentation regarding the Levying of Special Assessments
for the Whisper South Public Improvement District (PID).
Mayor Hughson opened the Public Hearing at 9:36 pm.
Those who spoke:
Lisa Marie Coppoletta, expressed concern with the short presentation and is
not sure if the taxes will be increased due to this project.
The Public Hearing will remain open until the next regular meeting on
December 15
Mayor Hughson asked if this will affect tax payers. Ms. Kalka stated it will not
and the PID will be paying all improvements with the issuance.

Member Prather, to approve Ordinance 2021-95, on the first of two readings.
NON-CONSENT AGENDA
20. Consider approval of Resolution 2021-247R, approving the form and authorizing the distribution
of a Preliminary Limited Offering Memorandum for "City of San Marcos, Texas Special
Assessment Revenue Bonds, Series 2021 (Whisper South Public Improvement District)."

following vote:
2. Consider approval of Resolution 2021-163R, approving the Second Amendment to the

Interlocal Agreement between the City and Texas State University relating to the
implementation of the Edwards Aquifer Habitat Conservation Plan to, among other things,
include a description of the duties and compensation of the Habitat Conservation Project
Manager and extend the agreement through March 31, 2028; authorizing the City
Manager or his designee to execute the Amendment on behalf of the City; and declaring
an effective date.

Council Member Prather recused himself from this item due to his spouse's
employment with Texas State University.
A motion was made by Mayor Pro Tem Scott, seconded by Deputy Mayor Pro
Tem Garza, to postpone Resolution 2021-163R until the first meeting in
February 2022.
Mayor Pro Tem Scott stated that citizens have contacted him and they want
the fences down to be able to see the river. He would like to see what fences are
coming down and what fences have to remain. He also noted he doesn't the
city to have to pay any more money. Mayor Hughson stated the City is being
reimbursed and that this program is not costing the taxpayers of San Marcos.
Mayor Hughson asked if there is a deadline or would the opportunity be lost

to continue in the Habitat Conservation program, if postponed. Melani
Howard, Habitat Conservation Plan Manager, stated the postponement will
not be a problem, this only extends for 2 months to match the incidental
permit from 2027 to 2028.
Deputy Mayor Pro Tem Garza stated she would like more community outreach
to be done since the community has more questions.
The motion to postpone carried by the following vote:

Pro Tem Garza and Council Member Gleason
Recused: 1- Council Member Prather
21. Consider approval of Resolution 2021-248R, awarding a construction contract to Santa Clara
Construction, Ltd. for the Blanco Gardens Drainage Improvements Project in the estimated
amount of $15,222,644.00; authorizing the City Manager or his designee to execute the
contract on behalf of the City; and declaring an effective date.
A motion was made by Council Member Baker, seconded by Council Member

Gonzales, to approve Resolution 2021-248R. The motion carried by the
following vote:
Member Prather
Against: 0
22. Consider approval of Resolution 2021-249R, allocating, to non-profit agencies, Human

Services Grant funding of $150,000 from the American Rescue Plan and $849,120.00 from the
City’s General Fund, for a total of $999,120.00; authorizing the City Manager, or his designee,
to act as the Official Representative of the City in matters related to said grant funds, including
authorization to execute fundings contracts with selected agencies on behalf of the City; and
declaring an effective date.
Deputy Mayor Pro Tem Garza recused herself from voting on two items due to
using the voucher system provided by Pet Prevent a Litter (PALS) and Seek
Institute. Council Member Garza due to her employment with Mano Amiga.
Council Member Prather recused himself from voting on one item because his
spouse serves on the board for the Hays County Food Bank.
MAIN MOTION: a motion was made by Council Member Gleason, seconded

by Mayor Pro Tem Scott, to approve Resolution 2021-249R.
Mayor Pro Tem Scott stated since PALS was denied due to incomplete
paperwork, he would like to provide some funding.
Ms. Griffith stated PALS had requested $10K for the Prevent a Litter
program. She mentioned the representative contacted her that they lost their
nonprofit status. She stated they did not get the paperwork to IRS in a timely
manner, but have already submitted their back tax returns. IRS is behind on
reviewing and PALS does not have an active nonprofit status with IRS. Ms.
Griffith stated it was a board decision not to fund in order to not set a
precedence to fund organizations while paperwork was in question.
Mayor Pro Tem Scott stated PALS is not a new organization and does assist in
the community.
MOTION TO AMEND: A motion was made by Mayor Pro Tem Scott,

seconded by Council Member Gleason, to pull $20K from funding allocated
for First Baptist Church (NBC) and to fund the PALS organization with a
contingency on getting the nonprofit status back.
Ms. Griffith stated a stipulation can be added to the contract for no payment
until status has been cleared.
The motion to amend carried by the following vote:

Tem Scott, Council Member Gleason and Council Member Prather
Against: 0
Recused: 1- Deputy Mayor Pro Tem Garza

MAIN MOTION: To approve Resolution 2021-249R, as amended, with Deputy

Mayor Pro Tem Garza rescusing herself from vote on PALS and Seek Institute
and with Council Member Prather rescuing himself on the vote for the Hays
County Food Bank. The motion carried by the following vote:
Member Prather
Against: 0
23. Consider approval of Resolution 2021-250R, providing nominations to serve on the Caldwell
County Appraisal District Board of Directors for a one year term commencing on January 1,
2022; and declaring an effective date.
A motion was made by Mayor Hughson, seconded by Council Member

Prather, to approve Resolution 2021-250R casting all of the City' 18 votes in
favor of Sonja Villalobos to serve on the Caldwell County Appraisal District
Board of Directors for a two year term commencing on January 1, 2022. The
Member Prather
Against: 0
24. Consider approval of Resolution 2021-251R, against antisemitism and hate crimes committed
against Jewish people; and declaring an effective date.

following vote:
Member Prather
Against: 0
25. Consider approval of Resolution 2021-252R, approving the appointment of Tammy K. Cook, as
City Clerk; and declaring an effective date.

following vote:
Member Prather
Against: 0

26. Consider approval of Resolution 2021-253R, appointing Stephanie Reyes as Interim City
Manager, effective on February 1, 2022.
Gleason, to approve Resolution 2021-253R. The motion carried by the
following vote:
Member Prather
Against: 0
27. Consider the appointment of the Mayor or City Council Member to the Capital Area
Council of Governments (CAPCOG) Clean Air Coalition and provide direction to Staff.
Council provided consensus to reappoint Mayor Hughson to the Capital Area
Council of Governments Clean Air Coalition.
28. Hold discussion regarding the sale of dogs and cats at pet stores and provide direction to the city
manager.
Mr. Lumbreras stated staff seeks direction from Council to move forward.
Council Member Baker thanked the active animal community for presenting
solutions to issues. He stated speakers mentioned the consideration of not
allowing puppy mills but use the space for shelter animals. He looks forward to
what staff can bring to council.
Chase Stapp, Director of Public Safety stated if council directs staff to bring
back a draft ordinance, an example can be added to allow retailers offer "for
sale" option but really it would be adoption with the correct fees that could
help relieve pressure from the animal shelter.
Mayor Pro Tem Scott stated it is a good idea to use the shelter to help sell
animals. He stated that the owner at Pick a Pet store mentioned the animal
shelter will not work with them. He stated the pet store has a return policy if
the animal is not a fit for individual or family. Mr. Scott would like to do
further research on the pet store before making a decision and consider other
options.
Mr. Lumbreras clarified the ban that Dallas is considering is specific to

inhumane puppy mills or the sale of dogs and cats coming from inhumane
facilities being sold in the community. He stated they are not discussing
commercial operations.

Council held further discussion and consensus is to bring back an Ordinance

requiring humane and ethical sourcing, potentially in partnership with shelters,
and noted there is a need to define responsible animal sourcing.
EXECUTIVE SESSION
29. Executive Session in accordance with the following:

A. Sec. §551.071 of the Texas Government Code: Consultation with Attorney: - To receive
legal counsel regarding the pending wastewater discharge application dockets; the
application of HK Real Estate Development, LLC for proposed permit for new TPDES
Permit No. Q0015784001; TCEQ Docket No. 2021-0053-MWD; SOAH Docket No. 582-
21-1893
B. Sec. §551.074 of the Texas Government Code: Personnel Matters: to discuss the City
Manager Search Process
Mayor Hughson stated Executive Session was completed during the Work
Session, and was not needed this evening.
ACTION/DIRECTION 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. Sec. §551.071 of the Texas Government Code: Consultation with Attorney: - To receive
legal counsel regarding the pending wastewater discharge application dockets; the
application of HK Real Estate Development, LLC for proposed permit for new TPDES
Permit No. Q0015784001; TCEQ Docket No. 2021-0053-MWD; SOAH Docket No. 582-
21-1893
B. Sec. §551.074 of the Texas Government Code: Personnel Matters: to discuss the City
Manager Search Process
Mayor Hughson stated Council had consultation with city attorney during
work session on item A. A public hearing was held on the regular agenda (item
#18), it was discussed at that time and approved.
Mayor Hughson stated for item B, council appointed Stephanie Reyes as the
interim City Manager effective February 1, 2022.
VI. Question and Answer Session with Press and Public.
Lisa Marie Coppoletta, asked to consider to have someone from the Jewish
faith lead the invocation? She would like to have a general resolution to
support all faiths and all sexual orientations. Mayor Hughson stated an item
will be on a future agenda to address concerns. She asked why the Mayor did
not recuse herself from the Together for a Cause? Mayor stated she will look at
it.
VII. Adjournment.

Mayor Hughson adjourned the regular meeting of the City Council on

Tuesday, December 7, 2021 at 10:44 pm
Tammy K. Cook, City Clerk Jane Hughson, Mayor

City of San Marcos City Council Dec 2021

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630 East Hopkins

City of San Marcos San Marcos, TX 78666

Tuesday, December 7, 2021 6:00 PM City Council Chambers/Virtual

IV. Pledges of Allegiance - United States and Texas

Council Member Prather led the assembly in the Pledges of Allegiance.

City of San Marcos Page 1

Paul Cauduro, provided history of the Austin Apartment Association (AAA).

Stacy Sutton Kerby, spoke on behalf of the Texas Humane Legislation

City of San Marcos Page 2

1. Consider approval, by motion, of the following meeting minutes:

3. Consider approval of Resolution 2021-235R, authorizing a Change in Service to the agreement

City of San Marcos Page 3

4. Consider approval of Resolution 2021-236R, authorizing a Change in Service to the

5. Consider approval of Resolution 2021-237R, authorizing a Change in Service to the agreement

6. Consider approval of Resolution 2021-238R, authorizing a Change in Service to the

9. Consider approval of Resolution 2021-241R, authorizing a Change in Service to the agreement

City of San Marcos Page 4

Shannon Mattingly, Director of Planning and Development Services, provided

Mayor Hughson, opened the Public Hearing at 6:32 p.m.

Those who spoke:

Against: 1- Council Member Baker

Shannon Mattingly, Director of Planning and Development Services, provided

Mayor Hughson opened the Public Hearing at 6:36 p.m.

Those who spoke:

City of San Marcos Page 5

Council Member Baker spoke in opposition of this item. He expressed concern

Against: 1- Council Member Baker

Shannon Mattingly, Director of Planning and Development Services provided

Mayor Hughson opened the Public Hearing at 6:45 p.m.

Those who spoke:

Trevor Tast, representing the developer, spoke in favor of this project. He

City of San Marcos Page 6

Mattingly presented an option to add deed restrictions to restrict the gas

Mr. Cosentino explained the process of approving Commercial (CM) zoning

A motion was made by Council Member Gleason, seconded by Mayor Pro

The motion carried by the following vote:

Shannon Mattingly, Director of Planning and Development Services, provided

Mayor Hughson opened the Public Hearing at 7:10 p.m.

Those who spoke:

City of San Marcos Page 8

MAIN MOTION: A motion was made by Council Member Prather, seconded

MOTION TO AMEND: A motion was made by Council Member Gleason,

The motion to amend carried by the following vote:

MAIN MOTION: to approve Ordinance 2021-94, on the first of two readings,

Carol Griffith, Housing and Community Development Manager, provided a

Mayor Hughson opened the Public Hearing at 7:25 pm

Those who spoke:

City of San Marcos Page 9

for mortgages due to high property taxes.

A motion was made by Council Member Gleason, seconded by Council

Shannon Mattingly, Director of Planning and Development Services, provided

Mayor Hughson opened the Public Hearing at 7:48 p.m.

Thomas Buzzelli, spoke in favor of the project. He is available to answer

Thomas Rhodes, spoke in favor of the project. He stated he presented to the

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will be working on a market study to analyze which product is needed. He

Luke Caraway, engineer for the project is in attendance and is in support of

MAIN MOTION: A motion was made by Council Member Prather, seconded

MOTION TO AMEND: A motion was made by Council Member Baker,

The motion carried by the following vote:

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Against: 1- Council Member Gleason

MOTION TO AMEND: A motion was made by Mayor Hughson, seconded by

Against: 1- Council Member Gonzales