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139. Regular Meeting July 22, 2002 Page 4 Mayor Habingreither 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 10.95 ACRE TRACT OF PROPERTY AT THE TERMINUSES OF LEAH AVENUE, CLOVERLEAF STREET AND BELMONT ,:'WENUE, FROM "C" COMMERCIAL DISTRICT "MF-3" MULTI-FAMILY DISTRICT (HIGH DENSITY) AND "R-1" SINGLE-FAMILY DWELLING DISTRICT (LOW DENSITY) TO "R-1" SINGLE-FAMILY DWELLING DISTRICT (LOW DENSITY), AND BY REZONING A 10.14 ACRE TRACT OF PROPERTY AT THE INTERSECTION OF LEAH AVENUE AND MEDICAL PARKWAY, FROM "MF-3" MULTI-FAMILY DISTRICT (HIGH DENSITY) AND "C" COMMERCIAL DISTRICT TO "MF-3" MULTI-FAMILY DISTRICT (HIGH DENSITY); INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Ms. Narvaiz announced she had filed a disclosure affidavit-real property and would abstain from this item. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. 1) Kilburn Moore stated he was the developer requesting the zoning change. He stated this request was part of the compromise from the Sector 5 Plan. 2) Randy Rogers stated he was one of ten property owners who was hoping to sell this property to Mr. Moore. He thanked the Council for the Zoning consideration. No one else wished to speak, so Mayor Habingreither closed the public hearing. Mr. Mihalkanin moved for the adoption of the Zoning Ordinance and Mr. Taylor seconded the motion. Mr. Taylor stated he was pleased to see this compromise. Ron Patterson, Director of the Planning Department, stated the staff is also pleased with this compromise. On roll call the following vote was recorded: AYE: Mihalkanin, NAY: None. ABSTAIN: Narvaiz. Montoya, Habingreither, Taylor, Mayhew and Tatum. Mayor Habingreither introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE 2001-2002 CITY BUDGET TO PROVIDE FUNDING FOR THE STATE HIGHWAY 21 WATER LINE RELOCATION PROJECT; AND DECLARING AN EMERGENCY. Mr. Mayhew moved for adoption of the Ordinance on emergency, and Ms. Tatum seconded the motion, which passed unanimously. Mayor Habingreither introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 2.091 (b) OF THE CITY CODE TO REVISE ELIGIBILITY