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4. Regular Meeting June 28, 2004 Page 4 homeowners. The Council then voted unanimously for approval of the Ordinance on first reading. Mayor Narvaiz introduced for consideration reconsideration of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A 0.083 ACRE PORTION OF LOT 7B, BLOCK 7 OF THE MCNAUGHTON ADDITION, LOCATED AT 228 SESSOM DRIVE FROM ULB" LIMITED BUSINESS DISTRICT TO UP" PUBLIC AND INSTITUTIONAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Mihalkanin moved for reconsideration and adoption of the Zoning Ordinance and Mr. Taylor seconded the motion. william Francis stated he is the applicant. He stated he has received a SUP for monopole. He stated he will reserve the top of the 90' foot pole for the City's public safety equipment without charge. He stated he will need more discussion with the City to understand the City's needs. Mr. O'Leary stated currently the City radio system is rented from LCRA, and the City will need to coordinate this change. He also stated there will be some cost to the City for the move. The Council then voted unanimously for adoption of the Zoning Ordinance. Mayor Narvaiz introduced for consideration removal from table and approval of an Ordinance on second reading, the caption which was read as follow: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 114.578 (c) OF THE CITY CODE REGARDING SPECIFIC USE PERMITS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Thomaides moved to remove the Ordinance from the table and Mr. Guerrero seconded the motion, which passed unanimously. Mr. Thomaides moved for approval of the Ordinance on second reading and Mr. Bose seconded the motion. Mayor Narvaiz read a letter written by Glen Carey, Attorney for the Texas Restaurant Association. He thanked the Council for tabling the Ordinance until he had more time to review the proposed Ordinance. He stated after reviewing the proposed Ordinance he was able to clear up his concerns. Mr. Mihalkanin stated he has concerns with the wording underlined on Page 2, Paragraph I. He inquired whether this wording would add additional penalties for a business who serves alcohol and has a non-alcohol related violation, such as a health department inspection violation. Mr. Mark Taylor stated this is for someone who is on the premises violating a health or safety code that must be ejected. Mr. Mihalkanin asked that the Ordinance be reviewed to distinguish between bars that serve food and those that serve alcohol. Mr. Mihalkanin inquired as to the current law