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54 Regular Meeting April 25, 1988 Page 3 Hankins reviewed the Ordinance with the Zoning Commission two weeks previously and the amendments attached are a result of that meeting. He stated one amendment that was left off is adding restaurants (food service establishments) to the 1000 feet distance. The only area of the City which could allow S.O.B.s is in the area of Lowman Airfield. He stated he does not think this Ordinance will attract new S;O.B. businesses to our City and that the three inexistence would have to relocate within a year as provided for in the Ordinance. He stated this Ordinance was built on the Dallas Ordinance and is written in such a manner to hold up in Court. (Mr. Farr present at this time 8:20 p.m.). He stated the fee charged must be justified. He stated the Staff could review the fee to see if all costs involved ~re in- cluded. He stated much Staff time will be involved in appeals. He stated the Zoning Commission wants to have a public hearing and recom- mendation process and that all information on applications is a public record. He stated the Ordinance will affect pornography. Addie Cogdale stated she is a senior citizen and does not want this filth in San Marcos. She said we should stand up as Christians. She said when and where are we going to put a stop to this. Mr. Hankins advised that the Supreme Court will not allow us to prohibit S.O.B.s, only to regulate them. Rick Hernandez asked if the distance of 1500 feet would shrink the area. Mr. Hankins stated we would be required to have an area commercially viable. He stated it would be a constitu- tional problem regulating what S.O.B.s are allowed to sell but that some things are covered by State law. Rod McGlothlin asked if the definition of S.O.B.s would include the selling of magazines at con- venience stores and book stores. Mr. Hankins stated the Zoning Commis- sion did not want them included. Ollie Giles stated the City fought a prison locating here but the City is now allowing pornography. No one else wished to speak, so Mayor Younger closed the public hearing. Mr. Guerra moved to approve the Ordinance on first reading and Mr. Brown seconded the motion. Mr. Hernandez moved to amend the Ordinance to include the amendments cited in Mr. Hankins memorandum to the Council dated April 19 and Ms. Kissler seconded the motion, which passed unani- mously. Mr. Hernandez moved to amend Section 37-l3(a) (F) to change the wording to read: "... a bar, tavern or food service establishment as defined by Section ll-2(h) (2) of the Code of Ordinances;1I and Ms. Kissler seconded the motion, which passed unanimously. The Council then voted unanimously for approval of the Ordinance on first reading. Mayor Younger introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS,. AMENDING THE FOLLOWING SECTIONS OF CHAPTER 30, ARTICLE II, DIVISION 5, WATER SYSTEM CAPITAL RECOVERY FEE: SECTION 30-61 TO REDEFINE "LUEII; SECTION 30-64 TO REDEFINE "LUE"; SECTION 30-65 TO BREAK DOWN THE LUE COMPUTATION FOR RESIDENTIAL USES INTO TWO (2) CATEGORIES, TO AMEND THE LUE COMPUTATION FOR RESTAUR- ANT/BAR, FOR HOTEL/MOTELS WITH RESTAURANT AND/OR BAR, FOR LAUNDROMATS, AND FOR CAR WASHES, TO DELETE THE REFERENCES UNDER "HOTEL/MOTELS WITH RESTAURANT AND/OR BARil AND "RESTAUR- ANT/BAR" WITH RESPECT TO THE ASSESSMENT OF AN ADDITIONAL ANNUAL FEE, TO DELETE THE REFERENCE UNDER IIINDUSTRIAL" TO ANNUAL INCREASE ADJUSTMENTS IN THE CRFN, TO ADD PROVISIONS FOR REASSESSMENT OF ANNUAL USAGE FEES FOR ALL NON-RESIDEN- TIAL USES FOR A FIVE (5) YEAR PERIOD, TO AMEND TERMS IN THE FORMULA USED FOR CALCULATION OF THE ANNUAL USAGE FEES; SECTION 30-68 TO REDEFINE LUEEC; AND DECLARING AN EMERGENCY.