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58 Regular Meeting April 12, 1993 Page 5 Mayor Morris introduced for consideration Item 6.D.(6) removed from the consensus agenda, 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 THE TERMS AN CONDITIONS OF A FIRST AMENDMENT TO DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT BETWEEN THE CITY AND SAN MARCOS FACTORY STORES, LTD.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Hart moved for adoption of the Resolution and Mr. Moore seconded the motion. Mr. Hart voiced concern expressed to him by Mr. Al Lowman and asked for clarification regarding the concrete retention wall. Staff advised the Council the detention pond meets the needs of a 25-year flood, and construction will not begin until the outfall is in place (concrete retention wall). Staff did not know if the closing had taken place yet, and Mr. Taylor advised the Council the property would not be recorded if the property did not close. The Council voted unanimously for adoption of the Resolution (Mr. Guerra not present to vote on this item). Mayor Morris introduced the city Manager's Report: The Council had previously requested Mr. Gilley provide information regarding the impact on customers if the City changes the structure of water rates to Alternative D recommended by Mr. McClain. Mr. Gilley reviewed the impact of certain customers with the Council. Mr. Boeker advised the Council 2" compound meters cost $200-$250 and 4" meters cost $400. The Council directed Staff move forward with changing meters and proceed with Alternate D October 1st. The Council requested Staff have dialogue with users and bring more information in the future regarding the inverted block rate. Mayor Morris introduced the City Attorney's Report. Mr. Taylor had no report at this meeting. Mayor Morris introduced the City Council's Report. Mr. Moore advised the Council the Natural Resources Committee would hold hearings on April 19 and 22. The Council directed the City Secretary notify them when the times are scheduled, because some of the Council may wish to testify. Mayor Morris introduced an Executive Session pursuant to Article 6252-17, Sections 2(e), (f) and (g), V.A.C.S., to discuss pending litigation (Sierra Club vs. Babbitt), contemplated litigation and matters where the city Attorney's ethical duty to the City clearly conflicts with Article 6252-17; negotiated contracts for prospective gifts or donations to the City; and duties of a public officer (City Secretary), respectively. Ms. Kissler moved to adjourn into Executive Session at 9:09 p.m. and Mr. Hernandez seconded the motion, which passed unanimously (Mr. Guerra not present to vote on this item but present for Executive Session). Mr. Guerra moved to reconvene at 10:24 p.m. and Mr. Moore seconded the motion, which passed unanimously. Mayor Morris introduced for consideration Item 3.B., approval of an appointment to complete a vacancy on the Zoning Commission. Mr. Moore moved to appoint Joe Castillo and Mayor Morris moved to appoint Lorine Burleson. On roll call the following vote was recorded: CASTILLO: Moore, Hernandez, Hart, Guerra. BURLESON: Morris, Kissler, Plummer. Mr. Castillo will complete the vacancy on the Zoning Commission. The meeting adjourned at 10:26 p.m. on motion made by Mr. Guerra and seconded by Mr. Hernandez.