08212007 Regular Meeting - Laserfiche WebLink

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Regular Meeting August 21, 2007 Page 6 Mayor Narvaiz stated she was moving Item 37, discussion up. She also state Item 36, Resolution will be considered after Executive Session. Mayor Narvaiz introduced a discussion regarding the masonry to be used on the Embassy Suites Hotel and Conference Center and direction to Staff. Mr. O'Leary introduced Ms. Jennifer Nesloney of Broadus & Associate. Ms. Nesloney provided the Council with pictures of the two choices of stone for the Conference Center and Hotel. Mr. Hammons has approved the stone named Austin Brown Mix. The Council agreed by consensus on the Austin Brown Mix stone. Mayor Narvaiz introduced for consideration Item 14, removed from the consent agenda, approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 4, ARTICLE III, USE REGULATIONS, TO ADD PROCEDURES FOR OBTAINING A VARIANCE FROM CERTAIN DISTANCE REQUIREMENTS WITH REGARD TO A CONDITIONAL USE PERMIT FOR ON PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING PROCEDURAL PROVISIONS, AND PROVIDING FOR A PENALTY. Mr. Thomaides moved for approval of the Ordinance on second reading, and Mr. Guerrero seconded the motion. Mr. O'Leary stated Staff has provided several options for changes to the currently drafted Ordinance. Mr. Jones require to who approaches the school. Mr. O'Leary stated in the proposed Ordinance the applicant approaches the school. Mr. Bose inquired to whether the CUP was approved, will they have to get an approval every year. Mr. Quittner stated the applicant has to go before the Planning and Zoning Commission yearly, but they do not have to go back to the church or school. Mr. Bose inquired if the establishment changes hands, will they have to start the process over. Mr. Quittner stated they would have to begin the process over. Ms. Robertson inquired to whether it was the City who states the applicant is not in compliance or does the church and school have to report the non compliance. Ms. Barrett stated the conditions on CUP are checked by Staff. She stated the Ordinance requires the applicant to go to the church or school for approval. She stated they would conform to hours of operations. Mr. Guerrero stated he is concerned with putting the responsibility of regulating onto someone else, by requiring monitoring of the CUP by a school or church. Ms. Robertson stated she feels the options with the most control and flexibility for applicants should be considered. Ms. Barrett stated she believes if the churches and school are consulted, this would still give both Planning and Zoning Commission and the City Council an opportunity to look at multiple points of view and render a final decision. She stated the City Attorney has expressed concerns with it bein difficult to tighten an Ordinance once done loosely. Ms. Couch stated she feels it would be better to keep the current process for variances. Mayor Narvaiz stated she agrees that the City should follow the same process for