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60 Regular Meeting February 22, 1982 Page 3 Mayor Craddock opened a public hearing to consider the appeals of (1) Robert Haug, Richard Haug and Dennis Burkhalter d/b/a Green Parrot Restaurant and Bar, and (2) the Downtown Neighborhood Asso- ciation of San Marcos, Inc. to a Specific Use Permit granted to Green Parrot Restaurant and Bar. Mayor Craddock asked if anyone wished to speak in favor of the Green Parrot. Robert Haug said that he, Richard Haug and Dennis Burkhalter wanted to appeal the two conditions placed upon them by the Planning and Zoning Commission - that their food sales total 51% of their sales and the P & Z be allowed to reappraise the permit issued if 20% of the property owners and/or tenants within 200 feet submit complaints. Tom Ruby, operating Montgomery Ward's next door to this property, expressed fairness in P&Z's requirement of 51% food sales and thought that if the owners of Green Parrot were sincere in being a restaurant and bar, they shouldn't object to this requirement. Pat Price indicated the abundance of bars/drinking establishments in the downtown area were deplorable. John Morrisset, representing the Downtown Neighborhood Association as its President, stated there was an overabundance of bars in the downtown area and requested that no more be granted permits and that Wuest's Grocery hired a parking attendant to keep their parking lot available for their customers, because people going to the bars were filling their parking lot daily. Mr. Henry Kyle asked that no more permits be granted because of the abundance of bars and the parking problems it created in the alley behind the businesses. Dr. Ken Long gave the example of two cities in Louisiana, Leesville being saturated with bars and DeRidder being a clean city to raise a family. Joyce Glore, Commissioner of P&Z, stated the legal opinion given them from the City Attorney advised them not to declare a moratorium without an Ordinance being written to give them authority to do so, but that they could set restrictions when granting their permits. Keith Cotton, owner of Chicago Flame, stated he thought the owners of Green Parrot were reputable businessmen and should be allowed to open their restaur- ant and bar. No one else wished to speak in favor or against the appeals, so Mayor Craddock closed the public hearing. There was some discussion about the phrasing of the restrictions set by P&Z needing to be reword- ed, according to City Attorney Barbara Edwards. Mrs. Norris moved that the restrictions set by the Planning and Zoning Commission not be re- moved but be rephrased as per the City Attorney's wording and Mr. James seconded the motion, which passed unanimously. Mr. Brown moved that the appeal of the Downtown Neighborhood Associa- tion requesting the permit granted by Planning and Zoning be revoked be considered. There was no second and the motion failed. Mayor Craddock then moved the Council vote that the Downtown Neighbor- hood Association appeal be denied and Mr. Cavazos seconded the motion. On roll call the following vote was recorded: AYE: Cavazos, James, Craddock, Kreczmer, Mendez, Norris. NAY: Brown. ABSTAIN: None. Mayor Craddock introduced for consideration a Zoning Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1982 (VOL. 54) BY CHANGING THE ZONING OF 174.01 ACRES OF LAND OUT OF THE J. M. VERAMENDI LEAGUE NO. ONE, LOCATED ON THE NORTH SIDE OF WONDER WORLD DRIVE AT THE INTERSECTION OF HUNTER ROAD AND WONDER WORLD DRIVE, FROM "AO" (AGRICULTURAL OPEN-SPACE DISTRICT) TO "LI" (LIGHT INDUSTRIAL DISTRICT). After reading of the caption, Mayor Craddock opened the public hearing on the zoning request. George Hume, representing owner of the property, W. C. Carson, spoke in favor of the zoning request and reviewed a plat