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164 Regular Meeting July 27, 1998 Page 6 Mayor Moore closed the public hearing. Mr. Taylor reviewed his two memos regarding process concerns. Mr. Taylor stated the two issues were the completeness of the application for the variance and the other being the lack of specific findings being made by the Planning and Zoning Commission and arriving at its decision in granting the variance. Mr. Taylor stated his recommendation was for the application to be sent back to the Planning and Zoning Commission for further consideration once a completed variance application is submitted. Mr. Taylor stated it was his view that the process requirements be more closely followed if that choice was made. Discussion ensued. Mr. Hernandez moved to grant the variance and Mr. Doiron seconded the motion. Mr. Mihalkanin stated he was against approval and suggested it be taken back to the Planning and Zoning Commission to redo the application. Mr. Moseley asked Mr. Patterson to clarify the illegal work done without the appropriate permits. Mr. Patterson stated there have been several site issues to the parking lot one which involved road base laid out on the adjacent property without a River Corridor or a site development permit issued. Mr. Patterson stated this was brought to the Commission's attention and the majority of that issue is being resolved. Mr. Patterson also stated there is work being done underneath the building which did not have a building permit, flood plain permit or river corridor site permit. Mr. Patterson stated the Commission was very specific in granting this variance for the parking lot only and requested immediate response on the other issues. Mr. Patterson stated there has been discussion on these issues but no application for the appropriate permits. Mr. Patterson stated the building official has issued a stop work order for the work being done underneath the building and citations have been issued. Mr. Robert Mooney stated there had been o unanimous decision by the Planning and Zoning Commission that they felt there were violations and that the obligations they placed in their motion were not met. Mr. Kilber stated he has delivered applications and flood plain applications to Engineering. Mr. Patterson stated if the variance is denied and sent back to the Commission he would insist a thorough and complete application process following the letter of the River Corridor Ordinance. Discussion ensued. The following vote was recorded on approval of the variance: AYE: Hernandez NAY: Doiron, Mihalkanin, Moore, Moseley, Cox, Hughson Mr. Mihalkanin moved to request the Planning and Zoning Commission review the request for variance of the River Ordinance upon submission of the completed application. Mr. Hernandez seconded the motion which passed unanimously. Mayor Moore introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND SPRINGTOWN SHOPS, LTD. FOR RETAIL SHOP SPACE TO BE CONSTRUCTED AT SPRINGTOWN CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Hernandez moved for approval of the Resolution and Mr. Cox seconded the motion. The following vote was recorded: AYE: Moore, Cox, Hernandez, Mihalkanin,Hughson NAY: Moseley, Doiron Mayor Moore introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 1 TO THE TAX ABATEMENT AGREEMENT