09042007 Regular Meeting - Laserfiche WebLink

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Regular Meeting September 4, 2007 Page 9 Mayor Narvaiz stated she was moving up Item #32. Mayor Narvaiz introduced a discussion and receive a presentation regarding automated red light enforcement and direction to Staff. Mr. O'Leary introduced Lee Buckels with Red Light Enforcement. Mr. Buckels provided a powerpoint presentation. Ms. Robertson inquired whether running red lights is the only violation enforced. Mr. Buckels stated this is for running red lights. Mr. Bose inquired to allowances for auto owners who are not driving their vehicles and their license plates are caught. Mr. Buckels indicated there are allowances for these situations. Mr. Guerrero inquired to the flash. Mr. Buckels stated the flash does not affect on coming traffic. The Council agreed by consensus to proceed to the next step. Mayor Narvaiz introduced for consideration Item 14, removed from the consent agenda, adoption of an Ordinance on third and final 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. Mayor Narvaiz inquired to Section 3, currently the way it reads it will expire within one year. She inquired to whether the expiration can be shortened to six months. Mr. Quittner stated this can be changed. Mr. Bose inquired to where the 300 feet begins. Mr. Quittner stated the 300 feet is door to door. Mr. Jones stated currently under procedures 3 and 5 these CUPs are subject to annual review. Mr. Jones moved to amend page 2 number 5 to read... All conditional use permits for the on- site alcoholic beverage consumption that include a distance variance shall be for the life of the permit, subject to annual renewal. Variances are not transferable and separate from the conditional use permits. All hearings concerning a renewal will be conducted by the Planning and Zoning Commission who shall recommend renewal or denial to the City Council, and Mr. Guerrero seconded the motion. Mr. Jones stated he feels the Council should have authority. Mr. Thomaides inquired to the difference of how the Ordinance is written and the proposed amendment. Mr. Quittner stated the way it is written now the Planning and Zoning Commission would hear and either grant or deny. He stated, under the proposed amendment, the Council would make the decision. Mayor Narvaiz stated this would be changing how the City currently handles variances. Ms. Robertson inquired to whether the Council was currently part of the renewal process. Mayor Narvaiz stated only if the applicant is denied and they appeal to the Council. On roll call for the amendment the following vote was recorded: