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134. Regular Meeting June 9, 2003 Page 4 stacking will be allowed, and bench signs will not be allowed. He stated he agrees with Mr. Thomaides on the requirement of same size and height requirements for replacement signs. Mr. Mihalkanin stated he respects the work the three Council Members did on the proposed Ordinance. He stated he feels the Council needs to look at the recommendations the Planning and Zoning Commission passed by majority vote. He stated he also agrees with Mr. Thomaides concerns with square footage for replacement signs. Mr. Thomaides asked Ms. Gueringer about her proposed square footage replacements and how to keep from going from small billboards to larger billboards. Ms. Gueringer stated the City already has other Ordinances, which would make the sign companies apply for demolition permits and then apply for a new sign permit. She stated the Council could adopt a 2 or 3 signs be taken down in order to replace a larger billboard on IH35. Mr. Thomaides asked Mr. Hazen to explain the effect on the Ordinance if the rights were given to the landowner. Mr. Hazen stated when a lease expires the sign company will have to renegotiate with the landowner, which is a benefit for the landowner. If the sign company has the rights, then the landowner has to negotiate with only one business. Ms. Narvaiz stated she is looking for a balance, which will work for everyone. She feels the Council should make amendments, approve and move forward. She also stated she agrees with the cap and replace as long as IH35 is not included. Mr. Thomaides moved to amend Section 106.074(2)d. to remove the language, which allows signs in the Downtown Historic District, and Mr. Diaz seconded the motion, which passed unanimously. Mr. Thomaides asked Mr. Mark Taylor to amend the proposed Ordinance to modify the size and height of replacement signs. Mr. Mark Taylor stated he would prepare the amendments for the second reading. Mr. Thomaides and Mr. Diaz stated they are in favor of a cap and replace throughout the City. Mr. Taylor inquired about the 16 new locations on IH 35. Jori James stated the Council was given a map which shows 15 available locations on IH35. He also stated some of these locations would have to be rezoned Commercial or Industrial. Mr. Mihalkanin asked Mr. Mark Taylor to provide wording to not allow new signs in the Central Business District. Mr. Mark Taylor stated he would provide wording for the second reading. On roll call the following vote was recorded: AYE: Narvaiz, Thomaides, Mihalkanin, Habingreither, Taylor and Diaz. NAY: Montoya. ABSTAIN: None. Mayor Habingreither introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING LOT 2, BLOCK 14 OF THE SUNSET ACRES ADDITION LOCATED AT 427 PARKER DRIVE, FROM COMMERCIAL DISTRICT TO ~R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT (LOW DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES.