12171979 Regular Meeting - Laserfiche WebLink

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135 regular meeting december 17, 1979 page four property. He said that the developers had indicated they would prefer to build condominiums and asked if the City could guarantee that traditional apartments would not be built. The City Manager informed Council and Mr. McCall that the city could make no such guarantee. Council discussed the history of the zoning request at length. On roll call, the motion to adopt the Ordinance on third and final reading passed with the following vote: AYE:' Breihan, Hyatt, Hansen, James, Sutton I NAY: None ABSTAIN: Tenorio The City Secretary read the caption of a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A CONTRACT BETWEEN SAID CITY AND THE SAN MARCOS CHAMBER OF CO~~ERCE FOR THE ADMINISTRATION OF SECTION 26-21 OF THE CODE OF ORDINANCES OF SAID CITY, AUTHORIZING THE MAYOR OF SAID CITY TO EXECUTE SAID CONTRACT AND DECLARING AN EFFECTIVE DATE. Mr. Sutton moved the Resolution be adopted. Mr. James seconded the motion which passed unanimously. Mr. Cavazos arrived at 9:28 p.m. The Mayor introduced for consideration bids received for exchange of City owned property near Springlake Pump Station for a tract on Highway 123 for use as a fire substation site. The City Manager reported to the Council that he had discussed the matter further with Mr. W. C. Carson regarding concerns stated at the last City Council meeting and that the staff was proposing that the property be exchanged under the following conditions: 1. That Mr. Carson provide, in a written agreement, that the City may retain clearances around existing City water facilities up to a 50' Limit, when we survey the property for final sale; 2. That Mr. Carson will provide a covenant to run with the property that will commit it to remain zoned for public use; 3.. That Mr. Carson will provide a option for the City to purchase up to 1 acre of the Spring lake tract for a period of 20 years at a price of $1,000. for the purpose of expanding the City's existing water system improvements. Acquisition of the property would be made only to adjacent land now owned by the City. Mr. Gonzalez also informed the City Council that the recent clearance of the Community Development funds which had been allocated for construction of a fire substation pointed out the need for location of a building site. Mr. Hyatt and Mr. Sutton said that they felt the procedure of bidding which called for an exchange of property rather than a cash bid for the City owned property was discriminatory. The City Attorney stated that she felt the procedure was legally permissable. Mr. ,Gonzalez ,further informed the Council that Mr. Carson's offer, to exchange the property was good only until December 21, 1979. Mr. James moved to accept the bid submitted by Mr. Carson subject to acceptance of the proposal as outlined in the City ~1anager's letter of December 14th. Mr. Hansen seconded the motion. Mr. Cavazos stated that he felt the exchange of 4~ acres owned by the City for the ~ acre tract owned by Mr. Carson was not a fair deal. Mr. Hyatt agreed and said that he felt the City owned property was worth more than the appraisal figure of $12,500. as established by the City Appraiser On roll call, the motion to accept the bid failed by the following vote: I I