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128 CITY COUNCIL REGULAR MEETING September 13, 1982 Page ~9 object to Mr. Mendez' request, and that was a primary reason for denial. Mr. Mendez stated that a number of other businesses impact the parking, and why should he be discriminated against. Mr. Brown asked about the question of legality. Ms. Edwards advised that in her research done for the Planning and Zoning Commission when they began this study showed this to be a zoning decision which sets out what can and cannot be allowed in certain areas. The anti-trust question had not been tested to date. But the City can set up this type of zone as long as the businesses prohibited are allowed in another area. Mr. Brown asked about the ones in the area presently. Mr. Mendez stated that there are thirteen (13). Ms. Edwards stated that nonconforming uses are a historical issue in zoning law. Mr. Mendez stated that in closing he would like to comment that the City Council in approving this ordinance will be spending City money defending actions which are ill-conceived. Mr. Brown moved the ordinance be approved on second reading. Mrs. Norris provided the second, and the votes were cast as follow: AYES: ABSTAIN: Brown, Farr, Kreczmer, Craddock, Norris Mendez Mrs. Norris wished to add the comment that it is necessary to address the DWI issue in San Marcos. Mr. Kreczmer added that he would not vote for this ordinance if he had any idea it was made especially to exclude one particular individual. He had attended the Planning and Zoning Commission meetings during the origination of this ordinance and did not get that feeling. The primary reasons for this ordinance being originated were other concerns. Mr. Farr was shocked that this accusation came at this late date; this argument was never heard during the writing of this ordinance. Mayor Craddock introduced for consideration approval of an ordinance on third and final reading, the caption of which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF SAID CITY TO REQUIRE COMPLIANCE WITH THE DRAINAGE AND EROSION CONTROL ORDINANCE OF SAID CITY BY TIME OF SUBMISSION OF THE FINAL PLAT OF A SUBDIVISION AND DECLARING AN EFFECTIVE DATE. Mrs. Norris moved the ordinance be approved and adopted on third and final reading. Mr. Kreczmer provided the second, and the motion passed unanimously. Mayor Craddock introduced for consideration approval of an ordinance on third and final reading, the caption of which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OF ORDINANCES OF SAID CITY TO ADD A NEW CHAPTER TO PROVIDE FOR THE DEMOLITION, VACATION OR REPAIR OF SUBSTANDARD BUILDINGS; DEFINING TERMS; DECLARING UNSAFE BUILDINGS TO BE A NUISANCE; SETTING MINIMUM STANDARDS FOR CON- TINUED USE AND OCCUPANCY OF STRUCTURES; SETTING STANDARDS FOR REPAIR, VACATION OR DEMOLITION; DESCRIBING DUTIES OF THE BUILDING INSPECTOR WITH REGARD TO UNSAFE BUILDINGS; PROVIDING FOR A BOARD OF ADJUSTMENTS AND APPEALS; PRO- VIDING FOR NOTICE; PROVIDING FOR APPEALS; PROVIDING FOR PUBLIC HEARINGS; SETTING RULES OF PROCEDURE FOR PUBLIC HEARINGS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE.