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62. Regular Meeting December 9, 2002 Page 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 106.010 AND 106.074 OF THE CITY CODE TO REVISE CITY REGULATIONS FOR NONCONFORMING SIGNS AND OFF-PREMISES SIGNS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Mayhew moved for removal from the table and Mr. Mihalkanin seconded the motion, which passed unanimously. Mr. Mihalkanin moved for approval of the Ordinance on first reading and Ms. Narvaiz seconded the motion. Mayor Habingreither stated several citizens had signed up to speak. 1) Ivan Gunnarson stated he was the owner of Gunnarson Outdoor. He stated he had sent the Council a letter regarding suggestions of wording to be added to the new Sign Ordinance. 2) Allen Berry stated he is concerned about the effect the proposed Ordinance will have on landowners. He stated he sent a legal issue to the City Attorney regarding the legality of creating a monopoly. 3) Curtis Ford encouraged Council to lift the moratorium and revert to the old Sign Ordinance. 4) Vince Hazen stated he is an attorney who represents property owners and sign companies. He provided the Council with an opinion from the Third Court of Appeals regarding grandfathering rights. He stated this opinion says the landowner holds grandfathering rights. He stated he felt if the Council adopts this Ordinance, the following amendments should be. 1) Open up IH35 Corridor and limit 1500 feet on each side, and 2) A replacement revision which allows the billboard companies to replace their signs and pay landowners market value. Mayor ~abingreither stated he does not fully understand all the terms and Lamifications of this proposed Ordinance. Mayor Habingreither moved to table the Ordinance until March and Ms. Narvaiz seconded the motion. Mayor Habingreither and Ms. Narvaiz rescinded the motion and second to hold more discussion. Mr. Mihalkanin stated some businesses have expressed concerns, but feels the Council has not heard from all concerned citizens. He stated he was in favor of tabling this Ordinance until January and suggested Council hold a Workshop or Public Hearing to allow citizens to be able to express their opinions. Mayor Habingreither suggested Council extend the moratorium until Council understands the Ordinance to do a good job on this issue. Mr. Mihalkanin stated he would like to see Council hold a Workshop in January and hopes Council would be ready to vote on the adoption by early February. Mr. Montoya stated he was in favor of extending the moratorium, but the moratorium had been in effect for a year already. Mr. Mayhew stated he is in favor of the proposed Ordinance. He stated he also supports receiving more information and hearing from the public at a Workshop, as long as the Council extends the moratorium. Mr. Mihalkanin stated he did not feel this Ordinance needed to be tabled until March. Mr. Mihalkanin suggested Council hold a Workshop on January 20, 2003 from 7:00 p.m. to 10:00 p.m. to allow for public input. Mr. Mihalkanin moved to table this matter to January 13, 2003 and the moratorium extension to be places on that agenda and Ms. Tatum seconded the motion, which passed unanimously. ~ayor Habingreither introduced for consideration adoption of a Resolution, the caption which was read as follows: