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123. Regular Meeting July 10, 2000 Page 3 SPECIFIC USES RATHER THAN PERMITTED USES IN "LB" LIMITED BUSINESS DISTRICTS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Chiu opened the public hearing and asked if anyone wished to speak. Tom Wassenich asked for clarification regarding an existing business being grandfathered and a new business permit would not be issued. Mike Dishman requested a copy of the Ordinance so he could review it to comment. Ron Patterson advised the Council a church has leased space downtown and asked to change the zoning to allow a church downtown. The Planning and Zoning commission is concerned about the impact this would be on existing businesses downtown who have TABC permits. This could be reviewed on a case by case basis in a Limited Business zoned area but not in the Downtown District. The Planning and Zoning Commission wants to leave strictly a business district downtown but allow the Planning and Zoning Commission to determine on a case by case basis in an "LB" area. The Council requested a map be provided of the Central Business Area. Mike Dishman stated he is opposed to the Ordinance. He stated when a church moves into an area, they can develop it any way they want to without further requirements with the City. Mr. Taylor stated this Ordinance amendment is to provide clarity. In a Limited Business zoned area churches are now permitted by right. The Ordinance would make it harder to locate in a Limited Business area. This Ordinance would be tightening that requirement. No one else wished to speak, so Mayor Chiu closed the public hearing. Mr. Cox stated he assumes one of the criteria of a church being located in a Limited Business area is whether a business with an alcohol permit is in existence, and Mr. Patterson stated yes, this would allow the City to look at that unique situation. Mr. Patterson stated this clarification would help us avoid conflicts in interest of fairness. Ms. Hughson stated there may be another way to handle this situation. If a church comes in and can co-exist with a business with alcohol, maybe the City should review our policy not to allow within 300 feet of a business with alcohol permit. Mr. Taylor will review state law as well regarding the 300 feet rule. Mr. Moseley stated the Council will need to review this matter again. Fraye Stokes stated a church wants to go into the building where Buckner Printing was and a bar where Sears was, and she hopes this will be reviewed on a case by case basis. The Council then voted unanimously for approval of the Ordinance on first reading. Mayor Chiu introduced for consideration 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 SECTIONS 2.441 AND 2.443 OF THE CITY CODE TO CHANGE THE TERMS OF OFFICE AND THE DUTIES OF THE ETHICS REVIEW COMMISSION; AND INCLUDING PROCEDURAL PROVISIONS. Ms. Hughson moved for approval of the Ordinance on first reading and Mr. Moseley seconded the motion. Ms. Hughson moved to amend the Ordinance in Section 2.441 in the second sentence to read, "Members of the commission will be appointed for staggered three year terms, and will serve until their respective successors are appointed," and Mr. Moseley seconded the motion, which passed unanimously. The Council then voted unanimously for approval of the Ordinance on first reading. Mayor Chiu introduced for consideration remove from table and consider 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 AMENDED AND RESTATED RETAIL WATER SUPPLY, WASTEWATER SERVICES, AND TAX ABATEMENT AGREEMENTS BETWEEN THE CITY OF SAN MARCOS AND HAYS ENERGY LIMITED PARTNERSHIP; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE.