01142002 Regular Meeting - Laserfiche WebLink

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Regular Meeting January 14, 2002 Page 5 ballot, because they do not want to change from three readings to two. Col. Mike Dishman stated he would be opposed to the elimination of ETJ positions on the Planning and Zoning Commission regarding No. 6. He stated during the recent Southwest San Marcos Annexation process, there was animosity towards the City because they felt they were not being represented. Ted Hindson, a member of the Charter Review Commission, stated the reason why the Commission was recommending the elimination of the ETJ positions was because the City cannot regulate zoning in its extraterritorial jurisdiction but having an ETJ position would allow someone outside the City to regulate City zoning. Ms. Hughson inquired about No. 5 regarding non-binding ballot propositions, and Mr. Taylor stated he recommended the Charter Review Commission consider this, because of the City's practice in adding these to the ballot. Mr. Taylor stated the Secretary of State recommends Home Rules Charters need to expressly allow non-binding propositions. Mr. Mihalkanin inquired if individual Council Members can still take a position on issues, and Mr. Taylor stated yes. Mr. Mihalkanin asked if Staff was comfortable with the change in No. 9 for the policy statement from June 30 to March 31, and Mr. Gilley stated yes, since that has been Council's practice for a number of years. It was consensus of Council to add the recommendations of the Charter Review Commission to the ballot with the exception of No. 3 they wanted eliminated (three readings of Ordinances to two readings). Mr. Cox and the Council thanked the Charter Review Commission for their service. A copy of the Charter Review Commission's Report is attached. Mayor Chiu introduced for consideration a public hearing and approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 102.029 OF THE CITY CODE BY ADOPTING THE SECTOR FIVE PLAN; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Chiu opened the public hearing and asked if anyone wished to speak. Dr. Randy Rogers stated he owns property in Sector 5, as part of a partnership that owns 21 acres. In 1984 50 acres was master planned, and he went before the Planning Department regarding the road design. There is a 200 foot buffer to the residential section, and the Planning Department advised they would have to connect to Parker Street. There is a plan to build 80 units with $60,000 of infrastructure and a detention pond to alleviate flooding in Sunset Acres. During the Sector 5 review the neighbors became aware of the plans to connect Leah to Leah. Dr. Rogers stated Key Moore would review the Leah to Leah and Leah to Broadway connections. Dr. Rogers stated he appreciated the Council's service. Key Moore stated he is the developer for the property. Mr. Moore stated it is a good development with buffering, greenbelt park, they will address traffic and will enhance the property value of Mockingbird. Mr. Moore stated if traffic is an issue, they can place a gate to deter traffic. He stated they can do the development with a street or without a street, whatever the City wants. Laura Davila stated she is a neighborhood representative of Mockingbird. She stated she wants a guarantee that