09042007 Regular Meeting - Laserfiche WebLink

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Regular Meeting September 4, 2007 Page 10 AYE: Couch and Jones. NAY: Thomaides, Bose, Narvaiz, Guerrero and Ms. Robertson. ABSTAIN: None. Motion to amend failed. Mr. Jones moved to amend page 3, B) 1, to read... For each neighboring church or school that is within the distance of the proposed restaurant, as described in the subsection (b)(2)(a) shall be notified of the business' application in writing as well as the time of the hearing for the variance and SUP 45 days before their schedule date, and Ms. Couch seconded the motion. Mr. Thomaides stated he feels if the churches and the schools do not take a position on the variance, then their constituents will be here complaining about it. Mr. Jones withdrew his amendment and Ms. Couch withdrew her second. Mr. Jones moved to amend Page 3, B) 2 to read... The business must consent to restricting their on -site alcoholic consumption during the regularly scheduled hours of operation of a school and regularly scheduled time of meeting of a church. These operational restrictions shall be identified in the initial hearing of the Planning and Zoning Commission and considered as a characteristic to be included in the conditional use permit, and Mr. Guerrero seconded the motion. Mr. Bose inquired to how this amendment would affect the businesses during the churches and schools special events. Mr. Jones stated it would be for the churches and schools regular hours. Mr. Quittner stated this amendment would be regulating the sell of alcohol, which the City can not do. Mr. Guerrero withdrew his second. Mayor Narvaiz stated the amendment fails without a second. Mr. Jones moved to amend Page 3, B) 2 to read... The business must consent to restricting their on -site alcoholic consumption during the regularly scheduled hours of operation of a school and regularly scheduled time of meeting of a church. These operational restrictions shall be identified in the initial hearing of the Planning and Zoning Commission and considered as a characteristic to be included in the conditional use permit, and Mr. Guerrero seconded the motion. Mr. Guerrero withdrew his second. Mr. Guerrero inquired to whether this variance could be reviewed sooner than six months. Mr. Thomaides stated the two applicants have stated they are having problems with getting a TABC permit is due to State Law and the neighboring school and church do not have a problem with letting them serve alcohol. Mayor Narvaiz stated these two applicants came to the City for several permits knowing that there would be restaurants who would be serving alcohol. She stated when the same two applicants came back for the City to sign off on their TABC applications they were unable to. She stated she feels the City needs a policy that addresses these types of permitting situations. She stated she feels she will support this Ordinance, so the City can help these two applicants, but she wants this Ordinance to come back to Council in six months for review. Ms. Robertson stated she agreed with Mayor Narvaiz. Mr. Jones moved to amend ...For each neighboring church or school that is within the distance of the proposed restaurant, as described in the subsection (b)(2)(a) shall be notified of the business' application 1