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2 Special Meeting February 2, 1987 Page 2 some of the amendments to the Codes. Mr. Robbins advised the Council some of the amendments are for the purpose of making the Codes more applicable to our needs, and not necessarily. is more expense involved. Mayor Younger stated he does not want matters more restrictive than is necessary. Mr. Gonzalez asked if future amendments to Codes would apply to the MUD, and Mayor Younger stated they would not. Mr. Hankins advised the Council the purpose in language being added to the agree- ment is to eliminate nonconformities for future annexation purposes. Regarding Section 2.01 regarding Landscaping, Mr. Hankins wants the MUD to comply to the substantive provisions of the Zoning Ordinance. Regarding Section 2.02 Mr. Gonzalez stated he wants the Architectural Control Committee to be required to notify the City of their meeting and the City to have a representative attend the meetings. Mr. Lewis stated they would agree to work on language that the Planning Depart- ment will review and for there to be an arbitrage procedure if they do not revi,ew. Mr. Lewis stated the Architectural Control Committee would be willing to make the City aware of their variances but are not willing to make the City Planner a voting member of the Committee. They are willing to provide notice of their meetings. There was no resolution whether or not the City Planner would be able to vote as a member of the Architectural Control Committee. Mr. Hankins ~ated the MUD is in agreement to complying with the substantive but not the procedural Ordinances of the City. Regarding Section 3.03 Mr. Nicola does not agree with the $10,000 per acre figure at this time (Mr. Guerra left the meeting at this time - 7:00 p.m.). Mr. Lewis stated he is willing to work on this arrangement, and Mr. Nicola stated he would have no problem with what the School agrees to be acceptable. Messrs. Coddington, Farr, and Ms. Kissler stated the $10,000 per acre figure was accept- able to them, and Mayor Younger stated it was acceptable to him, sub- ject to negotiation to lower if it is needed. Regarding Section 3.04 the question of the property being contiguous or not and who will main- tain the parkland until such time as the City annexes the property need to be resolved. Mr. Gonzalez stated the MUD is willing to maintain the parkland until the City exercises its option to do so. On roll call the following vote was recorded: AYE: Coddington, Farr, Younger, Kissler. NAY: Nicola. ABSTAIN: None. Mayor Younger introduced for consideration approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN 1-'1ARCOS, TEXAS, GRANTING THE CONSENT OF THE CITY OF SAN MARCOS TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT; LOWMAN RANCH MUNICIPAL UTILITY DISTRICT SUBJECT TO VARIOUS TERMS AND CONDITIONS SET FORTH IN A SEPARATE AGREEMENT CONCERNING THE CREATION AND OPERATION OF SAID DISTRICT (CONSENT AGREEMENT) WHICH IS MADE A PART OF THIS ORDINANCE, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND DECLARING AN EFFECTIVE DATE. Ms. Kissler moved for approval of the Ordinance on second reading and Mr. Farr seconded the motion. The Council reviewed unresolved issues stated in Mr. Hankins' memorandum to the Council dated January 30, 1987 as well as other provisions. Mr. Nicola stated he would try to communicate with