12211984 Emergency Meeting - Laserfiche WebLink

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39 MINUTES OF THE EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECEMBER 21, 1984. PRESENT: Mayor Emmie Craddock Council Members Karl W. Brown Bill Coddington Gerald G. Farr * Fred Guerra Betty Jane Kissler * Jaime Moore City Manager A. C. Gonzalez City Secretary * Janis K. Womack City Attorney Lamar Hankins Director of Planning Frank Robbins Also present: Caroline Chapman, Gregg Echols, Roland Richter, Ruben James, Charles Chapman, Jerri Martin, Robert McDonald, Terry Ewald, Ross Allegro, Jerry Klossner, and others. Mayor Craddock called the meeting to order at 4:00 p.m. Mayor Craddock introduced for consideration authorization for the City Attorney to take legal action to protect the City's interest in regard to the Woods of McCarty Lane Subdivision Plat. City Manager began by stating there was confusion of the process in which the action that the Planning Commission took concerning the Woods of McCarty Lane Subdivision Plat. Director of Planning Frank Robbins then took the podium. He stated that the Planning Commission lacked two important components when they reviewed the plat on November 27, 1984 which were: the Planning Com- mission did not know that the agency, Edwards Underground Water District, had indicated that the entire subdivision instead of only a portion of i~ was over the out-crop of the Edwards and Associated Limest-one" and secondly, the signed plat by the Health Department Authoritarian, Terry Ewald, indicating that the water company for that subdivision was an approved water company, which in fact the approved water supply company was not approved company of the State of Texas. Mr. Robbins also noted that the security for improvements had not been provided when the plat was approved. Mayor Craddock asked Mr. Robbins what could be done in the future to avoid this, and Mr. Robbins replied that a re-write of the subdivision regulations would be necessary. Mr. Farr asked why there were no percolation tests done. Mr. Terry Ewald stated that the tests were not done because the plat was submitted before the tests were necessary. He further stated that the tests were done when the plat was finally ap- proved, not submitted. City Attorney Hankins stated that if the Council wished to go into executive session to discuss items they felt were not to be discussed publically, then they should do so. He further stated there were two possible legal actions he was requesting approval for, which were: 1) permission to file a motion to intervene and a motion for re-hearing in that lawsuit that was filed by R. W. McDonald Development Corpora- tion against the County Commissioner and County Judge. 2) File an action for a temporary restraining ,order and injunction be- cause of the site development work that has been ongoing on that site for at least two weeks. City Attorney Hankins would like the appeal to be heard as soon as pos- sible, preferably at the next City Council's Regular Meeting (Jan. 14, 198: A public hearing would be also scheduled. Ms. Kissler moved to approve authorization for City Attorney to take legal action to protect the City's interest in regard to the Woods of McCarty Lane Subdivision Plat and Mr. Coddington seconded the motion. Mr. Jerry Klossner approached the podium and stated that he had a problem with Mr. Hankins possible legal actions and stated that the City would need to dis- cuss liability. *Messrs. Guerra and Moore and~. Womack were not present.