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Regular Meeting September 4, 2007 Page 11 <br />in writing as well as the time of the hearing for the variance and SUP 45 <br />days before their schedule date, and Ms. Couch seconded the motion. On roll <br />call for the amendment the following vote was recorded: <br />AYE: Couch and Jones. <br />NAY: Thomaides, Bose, Narvaiz, Guerrero and Robertson. <br />ABSTAIN: None. <br />Motion to amend failed. On roll call for the main motion, the following vote <br />was recorded: <br />AYE: Thomaides, Bose, Narvaiz, Guerrero, Robertson and Jones. <br />NAY: Couch. <br />ABSTAIN: None. <br />Mayor Narvaiz introduced for consideration Item 15, removed from the <br />consent agenda, adoption of an Ordinance on third and final reading, the <br />caption which was read as follows: <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br />AMENDING SECTION 4.3.1.2 OF THE CITY LAND DEVELOPMENT CODE REGARDING <br />LAND USE MATRIX; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES. <br />Mr. Guerrero moved for adoption of the Ordinance on third and final reading, <br />and Ms. Couch seconded the motion. Ms. Robertson inquired to what will <br />prevent a business from selling more alcohol than food. Ms. Barrett, <br />Director of Planning and Development, stated the City relies on intent of <br />the business. The Council then voted unanimously for adoption of the <br />Ordinance on third and final reading. <br />Mayor Narvaiz introduced for consideration Item 16, removed from the <br />consent agenda, adoption of Resolution, the caption which was read as <br />follows: <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS. <br />APPROVING AN AMENDED AND RESTATED WATER UTILITY AGREEMENT WITH CARMA <br />BLANCO VISTA, LTD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT; AND DECLARING AN EFFECTIVE DATE. <br />Mr. Jones moved for adoption of the Resolution, and Mr. Guerrero seconded <br />the motion. Ms. Robertson inquired to whether Blanco Vista would be <br />charging a higher impact fee than the City. Ms. Anderson, Assistant City <br />Manager, stated Carma impact fee rate was grandfathered and they would be <br />charged to their customers who buy in their development, which they can not <br />charged more than the regular impact fee. On roll call for adoption of the <br />Resolution the following vote was recorded: <br />