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122 Regular Meeting November 9, 1987 Page 7 The Council moved to Item 16.A. on the Agenda, a discussion by Ted Hindson and Irene Hindson regarding a decision of the Planning Com- mission on September 29, 1987 regarding a plat in Holland Hills (Cox Street). Ted Hindson stated he was representing the Holland Hills Subdivision regarding an unofficial appeal of the plat approved by the Planning Commission. Mr. Hindson read into the record his unoffi- cial appeal dated October 16, 1987 and a handwritten list of violations in addition to those listed in the appeal, both of which were included in the Council's packet. Mr. Robbins stated the property used for a cul-de-sac was an option, and that another option would be to abandon the street and make it a private street. Mr. Guerra asked Mr. Robbins what the City's options are. Mr. Robbins stated the City can file suit, the City can file an injunction to prohibit the Staff from filing the plat or after the plat if filed, to vacate the plat. Mr. Hankins added the City could sue Mr. Witte if the plat is not filed and the County Clerk if the plat is already filed, to have it vacated. Mr. Robbins stated the Council could give direction at this meeting how to proceed. Mr. Farr stated he would like to have Mr. Witte's matter reviewed by the Planning Commission again, and that if a two-step process is available, to have it placed in our Ordinance. Frank Rich stated the Council has previously directed a review process be placed in the Ordinance when the Hughson Heights III matter was before the Council. Mr. Farr stated to Mr. Robbins there are no subdivision plats without master plans. Mr. Robbins stated Holland Hills I had no master plan. Mr. Gonzalez stated the Tarrod Phillips project was involved in a lawsuit, and the City could not force Mr. Witte to master plan because he did not own some of the property in between. Mr. Robbins stated the cul-de-sac language in the subdivision ordinance is now more explicit, where a cul-de-sac is now required. The Council discussed that Mr. Witte should be con- tacted and we should pursue his not filing the plat, and that if a two- step appeal process is an option of the Council, for an amendment to be made to the Ordinance for the Council's consideration. Mr. Aart Millecam of the Planning Commission stated a variance should be given to the cul-de-sac requirement, because no good would be served if the cul-de-sac was required. Mr. Gonzalez stated the neighborhood is con- cerned with the character of the neighborhood, and would the Council be open to the City and Mr. Witte participating in a cul-de-sac, possibly the City providing the materials and manpower and Mr. Witte the land. Mr. Hindson stated the neighborhood was insisting on the cul-de-sac from Lots 1 and 2 (owned by Mr. Witte and his daughter). The Council directed the Staff work with Mr. Witte and the neighborhood to try to achieve a resolution and to bring an amendment of a two-step process in the Subdi- vision Ordinance regarding appeals to the Council. Mayor Younger then went back to Item 10.C. on the Agenda. Mayor Younger introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING FINAL PAYMENT TO STOKES CONSTRUCTION COMPANY FOR COMPLETION OF THE DUNBAR RECREATION CENTER PROJECT, ACCEPTING SAID PROJECT FOR USE BY SAID CITY, AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $79,599.10, AND DECLARING AN EFFECTIVE DATE. Mr. Farr moved for adoption of the Resolution and Ms. Kissler seconded the motion, which passed unanimously.