03241986 Regular Meeting - Laserfiche WebLink

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5 Regular Meeting March 24, 1986 Page 2 Mr. Farr asked why Mr. Durham wasn't notified, or why the neigh- borhood wasn't notified, and Mr. Robbins replied that the Planning Department didn't send out notifications for items like this one. Mayor Craddock moved to grant the Specific Use Permit and add a one year extention to the S.U.P. and Mr. Guerra seconded the mo- tion which passed unanimously. Mayor Craddock introduced for consideration a public hearing and consideration of the appeal of Billy Kolander, President of BRYM, Inc., licensee for the bar known as Footloose, located at 101 W. San Antonio Street, from the decision of the Zoning Commission made February 4, 1986, wherein the Zoning Commission imposed a 48-hour closure of Footloose. Mayor Craddock declared the public hearing open and asked if anyone wished to speak in favor of the appeal. Mr. Lee Swift, attorney for BRYM,Inc. approached the podeum. He refered to Mr. Robbins memo included in the packet. He said that Mr. Kolander could not represent himself at the Zoning Commission meeting since Mr. Robbins advised him his attendance would be unnecessary. Mr. Robbins replied that he anticipated that the Zoning Commission would act on the item accordingly since the resolution of the $1,000.00 bond issue was at hand to be reviewed and discussed. He assumed that the draft agreement would be sufficient information for the Zoning Commission. Mayor Craddock asked if anyone wished to speak against the appeal, and no one did. Mayor Craddock declared the public hearing closed. Mr. Coddington moved to uphold the appeal and Mr. Guerra seconded the motion. On roll call the following vote was recorded: FOR: Coddington, Farr, Craddock, Guerra, Kissler, Nicola AGAINST: Brown ABSTAIN: None Mayor Craddock introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MAR- COS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PRO- POSED AGREEMENT BETWEEN SAID CITY AND B.R.Y.M., INC., PER- TAINING TO THE APPROVAL BY THE ZONING COMMISSION OF SAID CITY OF A SPECIFIC USE PERMIT TO B.R.Y.M.,INC. FOR THE OPERA- TION OF A BAR KNOWN AS "FOOTLOOSE" IN SAID CITY TO ESTABLISH AN ALTERNATIVE PROCEDURE FOR THE IMPLEMENTATION OF THE POSTING OF A CASH BOND TO COVER APPROVED CLAIMS FOR PROPERTY DAMAGE ARISING FROM THE OPERATION OF SAID BAR; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF SAID CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Farr moved for adoption of the Resolution and Mr. Coddington seconded the motion. Mr. Hankins made a notation in the agreement that appeared to be in error and needed changing. He said that the agreement needed to be between the City of San Marcos and B.R.Y.M., Inc., and not between the Zoning Commission and B.R.Y.M.,Inc. Ms. Kissler moved to amend the agreement in the first pagaraph and fourth paragraph to delete the following from both paragraphs: The Zoning Commission, and to insert in the fourth paragraph the following: The City of San Marcos, and Mr. Brown seconded the motion which passed unanimously on the amendment. The Council then voted unanimously for adoption of the Resolution. Mayor Craddock introduced for consideration a public hearing and approval of an Ordinance on first reading, the caption which was read as follows: