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<br />/6fp <br /> <br />REGULAR MEETING OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, SEPTEMBER 10,1973 <br /> <br />Present: <br /> <br />Mayor <br /> <br />Eddy A. Etheredge <br /> <br />Councilmen <br /> <br />William L. Cunningham <br />Guillermo DeLa Rosa <br />Bill Dibrell <br />Luciano H. Flores <br />Ross King <br />David R. Tauch <br /> <br />I <br /> <br />City Manager <br />City Secretary <br /> <br />James B. Baugh <br />Doriss Hambrick <br /> <br />Also present: Jon W. Sparks; Mrs. Joe Gonzales; David Chavez; <br />Hr. & Mrs. David Chiu; Ken Limbrick; A.D~ Muller; <br />Lyndon Mellinger; Mr.&Mrs. J~M. Jackson; Derek Aldridge; <br />Mr. & Mrs. C.D. Marshall; Stanley Ault; James <br />McCrocklin; Freddie Garza; Melissa Millecam; <br />Jack Martin; Phillip Guerrero; Charles Caffey; <br />Mac Sauls; Jane Evans <br /> <br />The Mayor called the meeting to order at 7:30 p.m. <br /> <br />The Minutes of the August 27 Regular Meeting were approved on <br />motion of Councilman King and 6econd of Councilman Cunningham. <br /> <br />I <br /> <br />The Mayor opened a Public Hearing to consider a request for <br />a change in zoning of part of Lot 6, Block 4 of the Dan McKie <br />Second Addition, located at 403 S. L.B.J. Drive, from "c" to "C-2". <br />Sharon and David Chiu, applicants, were present to request the <br />change. Mr. Chiu emphasized the fact that his contract to lease <br />the property allows him to Serve alcoholic beverages only with <br />food. Mrs. Joe Gonzales and the Reverend David Chavez were <br />present to object to the change since the restaurant is near <br />EI Buen Pastor Church. The City Manager informed the Council <br />that he had received two attorney's opinions on the possibility <br />of requiring a permit as opposed to "C-2" zoning, and that the <br />permit process was only available to the Alcoholic Beverage <br />Commission. It was pointed out that the Planning and Zoning <br />Commission had recommended approval of the change. The Mayor <br />closed the Public Hearing and read the caption of an ordinance <br />as follows: <br /> <br />AN ORDINANCE AMENDING SECTION 3 OF THAT ORDINANCE WHICH <br />REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, <br />STRUCTURES AND LAND, DATED MAY 23, 1966 (VOL. 32) BY <br />CHANGING THE ZONING OF PART OF LOT 6, BLOCK 4 OF THE DAN <br />McKIE SECOND ADDITION, LOCATED AT 403 SOUTH L.B.J. DRIVE, <br />FROM "C" (COMMERCIAL) TO "C-Z" (COMMERCIAL). <br /> <br />Mr. DeLa Rosa moved the Ordinance not be approved. Mr. Flores <br />seconded the motion. Councilmen discussed the desirability of <br />the location for "C-Z" zoning. 'On roll call, the folloW'ing vote <br />was recorded: <br /> <br />I <br /> <br />AYE: <br />NAY: <br /> <br />DeLa Rosa, Flores <br />Cunningham, Dibrell, Etheredge, King, Tauch <br /> <br />The Mayor declared the motion failed. Dr. Tauch moved the <br />Ordinance be approved on first reading. Mr. Cunningham seconded <br />the motion. On roll call, the folloW'ing vote was recorded: <br /> <br />AYE: <br />NAY: <br /> <br />Cunningham, Dibrell, Etheredge, King, Tauch <br />DeLa Rosa, Flores <br /> <br />The Mayor declared the motion passed and the Ordinance approved <br />on first reading. <br />