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127 CITY COUNCIL REGULAR MEETING September 13, 1982 Page #8 Mayor Craddock introduced for consideration approval of an ordinance on second reading, the caption of which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE GENERAL ZONING ORDINANCE OF SAID CITY TO INCLUDE A DISTRICT TO BE KNOWN AS THE CENTRAL BUSINESS AREA IN WHICH SHALL BE PROHIBITED BARS, NIGHT- CLUBS, RESTAURANTS SELLING ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND MOBILE HOMES AND DECLARING AN EFFECTIVE DATE. Mrs. Mendez felt this to be against the free enterprise system, and she questioned the legality of this. She personally would like San Marcos to be dry, but she asked if the City Council were getting themselves in a bind so that later there might be an area prohibiting apartments, etc. Mr. Celestino Mendez that he is the principle regarding a site within this area, and asked if his attorney had contacted the City Manager, City Attorney or City Secretary. Mr. Gonzalez and Ms. Edwards replied that they had not been contacted. Mr. Mendez stated that this proposed ordinance is a selective piece of legislature directed at a piece of property that he is a principle on. His request for on-premise consumption for his parcel of property had been denied yet the request by another property owner in the area had later been approved. He stated that the City Council is using the crutch that since the Planning and Zoning Commission recommended denial of his request, they agreed. This legislation, he felt, is directed at a piece of property that used to belong to the City, and unless that particular piece of property is excluded, the City will be subject to a legal suit. Mr. Farr asked the date this request was denied. Mr. Mendez stated that it was around Christmas of last year. He added that it was convenient that the Planning and Zoning Commission got together with the existing bar owners that did not want any competition to form this ordinance. He felt that this ordinance was generated as a direct result of his application. Mr. Gonzalez asked if that was the application which was appealed, but the appeal was received one day late of the deadline. Mr. Mendez advised him that it was, and added that the appeal was late due to the weather. Mr. Gonzalez then informed the Council that since the appeal was late, they had never received it nor acted on it. That was why it was unfamiliar to them. Mr. Mendez stated that John Morrisset was the primary person responsible for generating this ordinance and the opposition to his request. Mayor Craddock advised that the ordinance had been recommended by the Downtown Merchants Association. Mr. Mendez stated that he was aware of this and felt it to be against the free enterprise system. Mr. Farr asked why he had not objected on the first reading. Mr. Mendez stated that he had been out of town. Mayor Craddock advised him that in actuality the Council is amending an ordinance already in effect. Mr. Mendez stated that the City was also denying mobile homes in the area to make the ordinance appear to be less arbitrary in personally excluding his parcel of property. Ms. Edwards advised the Council that they can include mobile homes in the area if they so desire. The particu- lars of the zone are up to their discretion. Mr. Farr did not feel they were being arbitrary. Mr. Brown felt the reason for the legislation to be traffic and property distrubtion and the loss of life. The City needs to begin to look at this very seriously. Mr. Mendez felt these to be problems applicable across the nation and added that the State has ample laws to control the problem. Mr. Moore advised of the specific particulars of the Planning and Zoning decision. Lack of parking was a primary concern in both denial of Mr. Mendez' request the formation of the ordinance. State Bank and Trust had an attorney present to