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<br />16 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Regular Meeting May 12, 1986 Page 8 <br /> <br /> <br />He advised the Council to be reasonable in what developers will be <br />asked to filter and suggested the City employ a consultant hydrologist <br />to assist the City in reviewing this matter. Andrew Gary addressed <br />concern of Section 3.4.a. (2) " . . . the zone line shall be defined <br />by the 100-year flood plain; provided that it shall never be located <br />greater than 200 feet nor less than 100 feet on each side from the <br />centerline of the waterway. . . ." He stated as written there would <br />be a minimum of 100 feet on each side of the creek involved, which would <br />take part of his property, which is a bluff. He stated the limitation <br />of land needs to be reasonable and taking would have to be paid for. <br />He said he had never seen anything as restrictive as this Ordinance on <br />someone's land and felt it is a taking, an acquisition of land without <br />just compensation. He said he has no objection to reasonable limitation <br />on use of land, but the City needs to balance equities of the landowner <br />and City. Mr. Robbins stated there is a variance process in the Subdi- <br />vision Ordinance and a landowner could appeal to a Court of law. He <br />stated wording could be presented regarding bluffs at the next meeting. <br />Jim Byrn stated his areas of concern in the Ordinance. In Section <br />3.4.a. (2)c. regarding radius of a recharge structure, from the center <br />of what needs to be clarified: Section 3.4.a. (2)d. (2) the Sections need <br />to be corrected to read (e) and (f) below: Section 3.4.a. (2)f. needs <br />more clarification (wastewater trunk lines): Section 3.4.g. (3) effi- <br />cient removal needs to have a percentage (Mr. Robbins stated this is <br />set out in Contaminant Removal Guidelines of the City of San Marcos); <br />Mr. Byrn stated in the same Section bains needs to be corrected to <br />read basins; in Section 3.4.j. (2) Mr. Byrn stated this is a technical <br />concern and how would property owners know how to maintain. Mr. Rob- <br />bins responded this would address commercial property. Mr. Robbins <br />stated Jay Moore would like the following language to be added at the <br />end of Section 3.4.d. (4) gOlf courses, excluding clubhouse facilities. <br />Gary McCoy stated the use of setbacks In dlstance from sink holes, caves, <br />fractures, etc. for cribbal water quality zones has been in use in Texas <br />and throughout the United States since 1957 to filter runoff from springs, <br />recharge structures, etc. John Meeks stated in dealing with runoff, <br />contaminant removal water quality detention should be reviewed yearly <br />as the San Marcos River Corridor Ordinance is reviewed, and Mr. Farr <br />requested this be included in the Ordinance to be done. Mr. Meeks stated <br />there would be expenses imposed, and it needed to be nailed down who <br />would pay. Bill Howle stated we need to take care of this problem and <br />need to understand what we are doing, and he felt the matter should be <br />tabled. Shirley Wickersham stated she felt there had not been enough <br />notice given to the public regarding this Ordinance being considered <br />before the Council. Mr. McCrocklin stated an Ordinance of this kind <br />will effect residential development. No one else wished to speak, so <br />Mayor Younger closed the public hearing. After much discussion Mr. <br />Farr moved to table this Ordinance to a Workshop wherein the Council <br />holds a public hearing for citizen input and direction to the Staff <br />to provide information to the Council regarding each item of concern <br />brought forward during the public hearing and Mr. Coddington seconded <br />the motion, which passed unanimously. <br /> <br />Mayor Younger introduced for consideration adoption of an Ordinance <br />on emergency, the caption which was read as follows: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING ORDINANCE 1985-89 ADOPTED <br />SEPTEMBER 10, 1985 WHICH SET FORTH AN ITEMIZED ESTIM- <br />ATE OF THE EXPENSE OF CONDUCTING EACH ADMINISTRATIVE <br />UNIT OF THE MUNICIPAL GOVERNMENT OF SAID CITY FOR THE <br />FISCAL YEAR BEGINNING OCTOBER 1, 1985 AND ENDING ON <br />SEPTEMBER 30, 1986, AND APPROPRIATED MONEY FOR THE <br />VARIOUS FUNDS AND PURPOSES OF SUCH ESTIMATE, TO REVISE <br />SAID ESTIMATES AND TO REAPPROPRIATE SAID FUNDS, ADOPT- <br />ING SAID REVISIONS AND ESTIMATES, AND DECLARING AN <br />EMERGENCY. <br />