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Regular Meeting August 6, 2007 Page 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, CREATING A MUNICIPAL COURT OF RECORD, ADDING CHAPTER 55 OF THE CITY CODE, APPOINTING A PRESIDING JUDGE AND ASSOCIATE JUDGE OF THE MUNICIPAL COURT OF RECORD, INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Mr. Jones moved for approval of an Ordinance on first reading, and Mr. Thomaides seconded the motion. Mr. Thomaides stated the Agenda Request Form did not indicate funding for this item, he inquired to whether there would be any cost required for this change. Mr. O'Leary stated there would be some cost involved. Mr. Bose inquired to why the City would be creating a Municipal Court of Record. Mr. O'Leary stated currently if you appeal a Municipal Court case, you get a second trial. He stated with a Court of Record, an appealed case would only review the evidence the City provides. He stated this creation will allow the City to proceed civilly on some cases. John Burke, Municipal Court Judge, stated this creation will streamline the appeal process. The Council voted unanimously for approval of the Ordinance on first reading. Mayor Narvaiz introduced a public hearing and consideration of approval of an Ordinance on first 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 A PENALTY L J FOR Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Ms. Robertson moved for approval of an Ordinance on first reading, and Mr. Thomaides seconded the motion. Mr. Jones inquired to why this amendment is being done. Carol Barrett, Director of Planning, stated the City would already be granting a CUP, this is a variance for restaurants. Mr. Jones inquired to what triggers an appeal. Ms. Barrett stated the applicant applies for the initial variance, which would be reviewed by the Planning and Zoning Commission to grant the variance. She stated the P & Z would review variances annually to make sure there were no problems. She also stated if the P & Z does not grant the variance the CUP can be appealed for the Council to approve or disapprove. Mr. Bose inquired to why the three Planning and Zoning Commissioners voted against this amendment. Ms. Barre stated the three members did not agree with the requirement for the applicants to get approvals from any near by church or school. Mr. Guerrer inquired to whether this is the same procedure for other variances. Ms.