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88 Regular Meeting October 26, 1992 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND VICTORIA BANK & TRUST FOR FACILITATING THE ACCEPTANCE OF PAYMENTS BY MASTERCARD AND VISA BY THE CITY; RATIFYING THE CITY MANAGER'S EXECUTION OF THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved for adoption of the Resolution and Mr. Hart seconded the motion. Mayor Morris asked what is the percentage for use of the creidt cards, and can it be charged to the customer, and Mr. Gilley advised the percentage is 4.15% and Victoria Bank will not sign a contract that would allow that. On roll call the following vote was recorded: AYE: Moore, Hernandez, Hart, Kissler, Plummer. NAY: Morris. ABSTAIN: None. (Mr. Guerra not present to vote on this item). Mayor Morris introduced for consideration an appea1 by Lowman Ranch, Ltd. of the issuance of a site Development Permit pertaining to the Resubdivision Plat of San Marcos Factory Shops. Irene Hindson and Mike Davis were present from the Planning Commission to answer questions. They advised the Council the Planning Commission approved the plat on October 13 with the following contingencies: (1) filing of the required security for the pro rata share of the estimated cost of the construction of improvements to Center Point Road; (2) the city's approval of the engi~eering design for the new drainage facilities; (3) the recording of the drainage easement by separate instrument to secure the perpetual use of the area of the proposed new drainage of the detention facility on the West side of IH35; (4) the City Council's approval of the maintenance agreement to ensure its continued proper function for the intended purpose; and (5) approval based upon a letter being received from the County stating they approved the change proposed for Center Point Road in connection with this detention facility. Mr. Jenkins advised the Council approval of the site development is not tied to approval of the plat, and detention in Cottonwood Creek is under the administration of the County. Mr. Patterson stated Criteria 1 to date has not been met and is not formalized yet; Criteria 2 - the permit has been issued, criteria 3 - the drainage easement has not been recorded (Mr. Taylor stated criteria 3 and 4 [the drainage easement and maintenance agreement] are being drafted as one agreement for the Council's approval), and criteria 5 - the letter from the County has been received (Mr. Guerra present at this time - 9:05 p.m.). Mr. Davis stated it is not logical for the site development permit to be issued (Mr. Taylor stated this is at the risk of the developer) before the plat is approved, and the Planning Commission is trying to protect the other property owners in the area. Mr. Hart stated he applauds the Planning Commission for understanding the process. He stated the owners are saying they will be flooded, and Staff is saying they will not. He stated he did not think he was informed fully to make a decision. Mr. Jenkins stated the permit was issued on the 19th, and they began construction, but the permit has a 10-day waiting period for appeals. He stated this is the first appeal the city has had. Mr. Al Lowman voiced his concerns for flooding and the City's process. Mr. Jenkins stated the permit does not violate the Drainage and Erosion Control Ordinance. Mayor Morris stated the goals are common for the Boards, Staff and Council with safeguards and expediting of the process. The Planning Commission's role has been carefully thought out and protective, and the Planning Department has worked well to coordinate the process. Ms. Kissler stated she is concerned with the 10-day waiting period on a site development permit not being used, and stated if we don't use it, why do we have it? Mr. Taylor stated the Ordinance can be changed. He stated he thinks the waiting period should be eliminated but provide for an appeals process before permit approval. Ms. Kissler stated she would like for the Planning Commission to look at the 10-day waiting period and