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101 _ Regular Meeting April 14, 1997 Page 4 IH-35 NORTH; MAKING STATUTORY FINDINGS; AND DECLARING AN EFFECTIVE DATE. Mayor Moore opened the public hearing and asked if anyone wished to speak. No one did so Mayor Moore closed the public hearing. Mr. Mihalkanin moved for approval of the Ordinance on first reading and Ms. Hughson seconded the motion. Mr. Gilley stated this was to create a reinvestment zone to create a tax abatement. Mr. Gilley stated the Council had discussed a one year tax abatement, and this would create five new jobs. On roll call for approval of the Ordinance, the following vote was recorded: AYE: Moore, Cox, Hernandez, Mihalkanin, Hughson NAY: Guerra, Hart The Motion passed. Mayor Moore introduced for consideration a public hearing and adoption 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 4.677 ACRE TRACT OF PROPERTY LOCATED IN THE 800 BLOCK OF RIVER ROAD FROM "PD" PRE-DEVELOPMENT DISTRICT TO "C" COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Moore opened the public hearing and asked if anyone wished to speak. Ms. Patsy Greiner stated she was speaking on behalf of Mr. Konze. Ms. Greiner stated it was her understanding on February 25th the Planning and Zoning Commission had recommended approval of this zoning change by a large majority. Ms. Greiner stated the applicant had received a message on his answering machine stating the staff had received a letter dated today by the Chairman of the Planning and Zoning Commission requesting this item be tabled due to a misunderstanding. Ms. Greiner stated she is requesting the Council not to delay the development of this property which would convert a dirt pit into a commercial storage building area. Mr. Hart stated the letter stated the facts may have been misrepresented which takes a slightly different twist of miscommunication. Ms. Greiner stated it was her understanding this item had to come back before the Commission and voted on whether or not they would reconsider it because it had come before them previously within one year and they did vote to reconsider it. Ms. Greiner stated there is one property owner in opposition who spoke at the meeting and one of the members stated he did not realize there was still a property owner in opposition which she does not understand how that could be if that person had actually spoken at the meeting. No one else spoke so Mayor Moore closed the public hearing. Ms. Hughson moved to table the would like to discuss this Ordinance. Mr. Cox seconded the motion. Mr. Guerra stated he issue. Ms. Hughson then withdrew her motion and Mr. Cox his second. Mr. Hernandez moved for adoption of the Ordinance and Mr. Guerra seconded the motion. Mr. Guerra asked what the vote was on this item before the Planning and Zoning Commission. Mr. Ron Patterson stated the vote was 7-2 in favor. Mr. Patterson stated he was aware the Council had received the letter. Mr. Cox asked what the nature of the alleged misrepresentation was. Mr. Patterson stated at least one member feels this matter was brought to the Commission as a 12 acre request and it was turned down. Mr. Patterson stated subsequently r. Konze's tract was reconsidered a second time and a member of M Planning and Zoning stated he was not aware of one person being in opposition. Mr. Bodo Konze, owner of the property, stated that could not have happened because Mr. Robinson addressed the meeting during the public hearing and his opposition was discussed before the vote was taken. Mr. Hart stated the minutes clearly state that Mr. Robinson addressed the Commission. Mr. Guerra stated he had discomfort when the Council receives a letter from an individual who happens to be chair of one of the commissions alleging things without specifics. Ms. Hughson stated she did not recall Planning and Zoning ever asking to table an item in the last few years and that they must feel it is necessary in this case. Mr.