04052005 Regular Meeting - Laserfiche WebLink

Home Browse Search

38. Regular Meeting April 5, 2005 Page 5 inquired if changing of the wording to "will ", would the Council have the final approval. Mr. Taylor stated the Council would have the final approval. Mr. Mihalkanin moved to amend Part 4 C to read . . . the Council will return . . ., and Mr. Guerrero seconded the motion. Mr. Thomaides stated he met with the members of the Arts Commission who had concerns with the wording. He stated he feels the Council should have the flexibility to make the final decision to approve it, approve it with conditions, deny it, or send it back for reconsideration. Mr. Mihalkanin inquired to changing the wording from "may" to "will ", and the Commission denies the application, the Council would need a two - thirds vote to approve the application. Mr. Mark Taylor stated the Arts Commission is recommending every disagreement go back to the Commission for their consideration. Mr. Thomaides stated he feels Council should have the flexibility and the accountability. Mr. Taylor stated he feels Part 4C needs to be reworded. He also stated he feels the Council should only return the application to the Arts Commission once. Mr. Thomaides stated Part 4C should be amended to read . . .shall return to Commission one time and the Council shall consider the Commission's recommendations. Mr. Mihalkanin moved to amend Part 4C to read. . . wishes to consider a different location for a proposed placement than that recommended by the Commission as a condition for the placement, the Council will return the application to the Commission one time for reconsideration of the modified location, and the Council will consider the Commission recommendation in determining whether to approve the modified location. If the Commission recommendation is to deny an application, a two- thirds (2/3) vote of the City Council will be required to approve the application, and Mr. Guerrero seconded the motion, which passed unanimously. Mr. Taylor moved to delete Part 5D, and Mr. Mihalkanin seconded the motion, which passed unanimously. Mr. Taylor moved to remove Part 5C and the underlined wording in Part 1B, and Mr. Mihalkanin seconded the motion, which passed unanimously. Mr. Mihalkanin moved to amend Part 4D to read . . . will have final authority on decisions pertaining to temporary art, and Mr. Taylor seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Resolution. Mayor Narvaiz introduced for consideration Item 15, removed from the consent agenda, 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. 2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND VISION LAND GROUP CONCERNING THE COTTONWOOD CREEK DEVELOPMENT; SUBSTITUTING COTTONWOOD CREEK JDR, LTD. AS THE DEVELOPER UNDER THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE.