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71 Regular Meeting October 22, 1984 Page 3 Chamber of Commerce and that they would agree to replenish the bond as it was used. His client was willing to pick up the trash off his own property but not off the property of others. Mr. Hankins said the parties could agree to stipulations but that the City could not impose stipulations. No one else wished to speak in favor or in op- position, so Mayor Craddock closed the public hearing. Mr. Brown moved the Council adjourn into Executive Session pursuant to Article 6252-17, §2 (e), V.A.C.S., to discuss matters where the duty of the City Attorney to the City pursuant to the Code of Profes- sional Responsibility of the State Bar of Texas requires confiden- tiality and Mr. Coddington seconded the motion, which passed unani- mously (8:58 p.m.). Mr. Coddington moved the Council convene at 9:20 p.m. and Mr. Guerra seconded the motion, which passed unanimously. Mayor Craddock introduced for consideration action regarding the above appeal of Billy Kolander, as President of B.R.Y.M., Inc. from the Zon- ing Commission's decision of October 2, 1984 regarding the issuanse of a specific use permit. Mr. Coddington moved to approve the granting of a specific use permit with the following stipulations: 1. a $1,000 bond to be posted with the City of San Marcos by B.R.Y.M., Inc. to be used in the event damage is done to neighboring businesses due to actions of the applicant's patrons (or to be administered by an agreed party such as the Chamber of Commerce), 2. to have litter picked up at the end of each and every night the applicant is open for business so that litter is not on applicant's premises or adjacent property the next day, 3. to upgrade exterior lighting to meet proposed stan- dards, 4. to open at 6:00 p.m. each day the business is open, and 5. to abide by the new Ordinance regulating bars when it is adopted by the City Council in the near future. Mr. Moore seconded the mo- tion. On roll call the following vote was recorded: AYE: Coddington, Craddock, Kissler, Moore. NAY: Brown, Parr, Guerra. ABSTAIN: None. Mayor Craddock introduced for consideration action regarding the ap- peal of Willie Higgs from the Zoning Board of Adjustments' decision of September 24, 1984 regarding a variance request of Bud Walker. Mayor Craddock moved to hear the appeal of Mr. Higgs and Ms. Kissler seconded the motion, which passed unanimously. Bob Higgs was present representing his father, Willie Higgs. He stated they were not op- posed to Mr. Walker's restoration of the building located at 322 Hopkins, but thought the parking situation needed to be addressed. He stated the Zoning Board of Adjustments had granted a variance which would allow Mr. Walker to provide only fifteen parking spaces rather than twenty-seven. After discussion Mayor Craddock moved to grant the variance request of Mr. Walker in concurrence with the decision of the Zoning Board of Adjustments' decision of September 24, 1984. Mr. Coddington seconded the motion. On roll call the fol- lowing vote was recorded: AYE: Brown, Coddington, Farr, Craddock, Kissler, Moore. NAY: Guerra. ABSTAIN: None.