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166. Regular Meeting June 23, 2003 Page 3 AND RELATED SERVICES; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Habingreither closed the public hearing. Mr. Mihalkanin moved for approval of Ordinance and Ms. Narvaiz seconded the motion. Ms. Narvaiz inquired why the Mobile Vendor Permit is proposed to be raised to $200.00. Mr. Mark Brinkley, Director of Environmental Health, stated this fee can be reduced to $100.00 a year and exempt nonprofit organizations. He stated the nonprofit organizations would still have to comply with State Laws and attend food handler classes. Ms. Narvaiz stated the Ordinance Section 18.092 (a) Inspections, reads Staff shall perform an inspection at least once every six months and (b) Priorities, reads if Staff cannot inspect at least once every six months, then the department shall inspect frequently based upon past performance for noncompliance. She stated she was concerned the Staff will be inspecting the same establistunents and become a watchdog on particular establishments. Mr. Brinkley stated Staff tries to visit all establishments every six months. He also stated Staff tries to work with the establishments, which do not comply. Mr. Taylor stated he supports Mr. Brinkley's participation. He inquired whether the City would be liable for any establishments who do not comply. Mr. Mark Taylor stated the City is not liable for what the City does not create and will not assume liability. Ms. Narvaiz moved to amend the mobile vendor permit from $200.00 to $100.00 and Mr. Thomaides seconded the motion. On roll call the following vote was recorded: AYE: Narvaiz, Thomaides, Habingreither, Montoya, Taylor and Diaz. NAY: Mihalkanin. ABSTAIN: None. Mr. Taylor moved to amend Item (I) Application after revocation to exempt nonprofit organizations from the fees as temporary food establishments. Mr. Taylor withdrew his motion. The Council then voted unanimously for approval of the Ordinance on first reading. 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 A PORTION OF LOTS 7 AND 8, BLOCK 7 OF THE D.S. COMBS ADDITION, LOCATED AT 602 VALLEY STREET, FROM ~M" SINGLE-FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT TO "R-2" SINGLE-FAMILY DWELLING DISTRICT (MEDIUM DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES.