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<br />I <br /> <br />I <br /> <br />I <br /> <br />29 <br /> <br />regular meeting <br /> <br />january 28, 1980 <br /> <br />page three <br /> <br />held liable for damages if a building permit were issued to a <br />house which was subsequently flooded. Stanley Sisson, Chairman <br />of the Planning & Zoning Commission, informed the Council that <br />the Commission had recommended denial of the request because of <br />the poor condition of the street, their narrowness, and opposition <br />of surrounding property owners. On roll call, the following vote <br />was recorded: <br /> <br />AYE: Tenorio <br /> <br />NAY: Cavazos, Hyatt, Hansen, Sutton, Breihan <br /> <br />The Mayor opened a public hearing to consider a request for change <br />in the zoning of Mockingbird Hill Annex No.1 from "R-l" to "D". <br />Lynn Cramer was present to represent the purchasers of the property. <br />No opposition was received to the zoning change request. The Mayor <br />closed the public hearing and the City Secretary read the Ordinance <br />having the following caption: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT <br />ORDINANCE WHICH REGULATES AND RESTRICTS THE <br />LOCATION AND USE OF BUILDINGS, STRUCTURES AND <br />LAND, DATED MAY 23, 1966 (VOL. 32) BY CHANGING <br />THE ZONING OF MOCKINGBIRD HILL ANNEX NUMBER ONE, <br />LOCATED ON REDWOOD ROAD, FROM "R-l" (SINGLE <br />FAMILY RESIDENTIAL) TO "D" ( MULTI-FANILY). <br /> <br />Mr. Cavazos moved the Ordinance be approved on first reading. Mr. <br />Breihan seconded the motion which passed unanimously. <br /> <br />The Mayor introduced for consideration a request that a strip of <br />land lying between Farm Lot 15 and 16 of the Original Town of San <br />Marcos, between Hopkins and Belvin Streets, be recognized as a public <br />street. The City Attorney summarized her memorandum to the City <br />Council stating the facts surrounding the request from W. S. Dolan. <br />That memorandum is attached and made a part of these minutes. Joe <br />Garza, City Planner, informed the Council that the strip of land in <br />question was 25 feet in width, that there was a sanitary sewer clean <br />out on the property and that he could find no record of the City having <br />accepted dedication of the street. Jerry Moore appeared before the <br />Council to state that he had filed a complaint in Municipal Court <br />regarding the use of the property stating that a building permit <br />and a replat had been approved in error in 1971. He asked the <br />Council to table further consideration of the request until the case <br />could be heard in ~1unicipal Court. Scott Dolan, son of the owner <br />of the property, informed the Council that he had been advised by <br />Miss Nell Montgomery that the street had been given to the City. Mr. <br />Breihan asked that consideration be tabled to also consider Rose <br />Street indicated on the maps as an unopened street. Mr. Tenorio moved <br />to direct the staff to provide the Council information enumerated <br />in the City Attorney's memorandum. Mr. Hansen seconded the motion. <br />Mr. Breihan asked that the motion be amended to provide that the question <br />of Rose Street be resolved at the same time. Mr. Tenorio and Mr. <br />Hansen accepted the amendment to the motion which passed unanimously. <br /> <br />The Mayor read the caption of a Resolution as follows: <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AUTHORIZING ACCEPTANCE OF THE <br />COMPLETION OF A WATER LINE EXTENSION TO AN AREA <br />ANNEXED BY SAID CITY ON JUNE 6, 1979; AUTHORIZING <br />FINAL PAYMENT FOR THIS CONSTRUCTION; AND ESTABLISHING <br />AN EFFECTIVE DATE. <br /> <br />Mr. Breihan moved the Resolution be approved. Mr. Tenorio seconded <br />the motion. The City Manager explained that the $14,438.90 increase <br />in the contract price was not due to cost overruns, but to errors in <br />the job specifications. Questioned by Mr. Sutton, Mr. Gonzalez told <br />the Council that the program had cost $121,178.28 to date and that it <br />was estimated that the pump and storage tank would cost about $120,000. <br />On roll call, the motion to adopt the Resolution passed unanimously. <br />