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HomeMy WebLinkAboutMIN 05.28.2002 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor Gary Nelon presiding. Council Present: Council ,absent. Llorente Navarrette, Gabe Sansing, Doug Smith, All Council present Jack Noble, Sam Pfiester, Farley Snell, Ken Evans Staff Present: Tom Yantis, Interim City Manager; Jim Briggs, Assistant City Manager; Jo Christy Brown, City Attorney; Sandra Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Glenn Dishong, Water/Wastewater Superintendent; Mark Miller, Street Superintendent; Mike Mayben, Energy Services Manager; Mike Stasny, Utility System Information Manager; Leticia Zavala, Chief Accountant; Lori Lankford, Accountant II A Swearing in of new Councilmember Farley Snell -- Sandra Lee, City Secretary Snell was sworn in by County Court at Law Judge Suzanne Brooks. B Comments from new Councilmember -- Sandra Lee, City Secretary Shell thanked the everyone and told Council he looks forward to working with them. 5:06 p.m. -- recessed 6:00 p.m. -- Convened Open Session Executive Session Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. C 5ec.551.071 consultation with attorney: -Pending Litigation - Georgetown Waterpark, Ltd. v. City, et a/.; Cause No. 00-209-C277 (277th District Court of Williamson County) -Walker and Shell Road Golf Center, Inc. v. City; Cause No. 00-083-C277 (277th District Court, Williamson County) -City v. Doug and Doris Pierce; Cause No. 00-552-C26 (26th District Court, Williamson County) -Rivery Partners, Ltd. v. City of Georgetown, Cause No. 01-695-C368 ( 368th Judicial District of Williamson County) -Georgetown Healthcare v. Electa Oncology, Cause No. 01-340-C368 (368th District, Williamson County) - Potential Litigation - Code Enforcement Actions - Legal/Risk Management Issues - Duty to Advise regarding agenda items City Council Meeting Minutes/ , 2002 Page 1 of 9 Pages D Sec.551.086 deliberation regarding economic development - Discussion of Economic Development Prospects E Sec.551.074 personnel matters - Performance Review of Council -appointed employees - Discussion of City Manager Selection Process F Sec.551.072 deliberation on real property - Purchase, exchange, lease, or sale of real property G Comments from the dais regarding the following items: 1. Opening Comments and Welcome to Audience -- Mayor Gary Nelon Nelon explained the council meeting procedures. - Comments regarding Sheriffs Posse Rodeo Parade -- Councilmember Sam Pfiester Pfiester explained that not having the Sheriffs Posse Rodeo parade this year is an unfortunate situation and hopes that the parade will come back next year. Noble agreed. 2. Council Housekeeping - Discussion regarding location of Council Meetings beginning in September, 2002, due to building renovations Keith Hutchinson, Public Informatin Officer, distributed a list of proposed locations and asked Council for their feedback. There was discussion regarding the Council Meeting being held in each district in order to encourage diversified participation in the meetings. - Discussion regarding setting a special meeting in the first two weeks in July to discuss the Unified Development Code Yantis invited Amelia Sondgeroth to explain the need for a public hearing with the Council. It was decided that Council would give to Sandra their "time away from Council' in order to determine the best time to hold the public hearing. 3. Council Calendar - Safe Place Bar-B-Que Lunch on Thursday, May 30, 2002 - City Manager Candidate Reception on Tuesday, June 4, 2002 - City Manager Interviews in Executive Session on Wednesday, June 5, 2002 - Open House for Unified Development Code, at Benold School on June 6 at 7:00 p.m. - Council Orientation on Monday morning, June 10, 2002 - Council Workshop on Budget Policy and Priorities on Monday, June 10, 4:00 p.m. - Regular Council Meeting on Tuesday, June 11, at 6:00 p.m. - Open House for Unified Development Code, at Howry Center at SU on June 13 at 7:00 p.m. - Budget Workshop on Thursday, August' 3 Introduction to 2002103 Budget - Budget Workshop on Monday, August 5, noon to 9:00 p.m. - Budget Workshops on Wednesday, August 7 and Thursday, August 8, if needed H Announcements from City Manager - Update on City Manager Selection Process Yantis reiminded Council of the scheduled Interviews of the five City Manager candidates on Wednesday, June 5, with a Reception on Tuesday evening June 4. - Upcoming Events - Late -Breaking Headlines Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate 1. B. Keith Peshak, 800 Oak Crest Lane, regarding: "The dictatorial (refuses to allow public input) practices and illegal (feds already found this same pricing to be discriminatory) actions of the Airport Advisory Board Chairman are becoming problematic." Peshak complained about air traffic, saying he thinks it comes from one particular flight school. He also complained about the expense of the proposed airport tower 2. Lea Rothrock, 1204 Morse Cove, regarding possible fee waiver for hanging a banner on the Williamson County Courthouse for 30 days following the 4th of July. City Council Meeting Minuted , 2002 Page 2 of 9 Pages Rothrock told Council that the Williamson County Art Guild is planning an event at the 4th festival to allow citizens be traced in paint on a banner that will be displayed on the south balcony of the courthouse. She asked that the City fee of $75 be waived. J Action from Executive Session There was no action from Executive Session. K Consideration and possible action to approve the minutes from the Council Workshop on Monday, May 13, and the Workshop/Regular Council Meeting on Tuesday, May 14, 2002 -- Sandra Lee, City Secretary Smith noted the need to change "physically" to "fiscally" in Item A of the Minutes of May 13, 2002. L Consideration and possible action for the approval of expenditures from the Fire Prevention service fees, as directed per Ordinance 2001-75, Section 2.28.200, paragraph C -- Anthony Lincoln, Fire Chief Navarrette asked if there was anyone at the Fire Dept that can speak spanish. Shell said there are two or three staff that can speak some Spanish. Navarrette asked that there be a bilingual staff person on each shift. Shell said training has been offered in the past, but the department has lost bilingual firefighters to other cities. M Consideration and possible action on award of Main Street Advisory Board Facade Fund grant of $2,000 to Len and Judy Lester for rehabilitation of The Escape building's facade -- Verna Browning, Director of Tourism and Charlie Walker, Economic Development Director N Consideration and possible action to enter into a contract with Gutierrez, Smouse and Wilmut , to provide professional services related to Sewage Collection System Testing, contingent upon TNRCC acceptance of schedule and testing methods -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager for Utility Operations Pfiester noted that this item would cost the city approximately $1.5 million over a five to eight year period. He said it was approved by the Georgetown Utility System Advisory Board, and he asked Jim Briggs to explain the item. Briggs explained that Georgetown subject to the rules of the TNRCC because the City is 99% over the acquifer recharge zone. He said, according to TNRCC, 20% of the system has to be examined yearly. O Consideration and possible action to approve a contract amendment to the existing Professional Services Agreement between the City of Georgetown and Camp, Dresser & McKee, Inc. to provide engineering services related to the design of the Water Distribution System Master Plan in the amount of $70,790 -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager for Utility Operations Evans noted that this item was also addressed by the GUS Board and asked Briggs to explain. Briggs said Camp, Dresser & McKee will update the water system model in order to get accurate forecasting for future water system improvements. P Consideration and possible action to approve an award of bid from H. Deck Construction Company of Round Rock, Texas, and approve the project budget for construction of Rock Street, Parker Circle and Dunman Drive water system improvement projects -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager for Utility Operations Briggs explained that this contract involves projects that will address flow and presssure issues in the water distribution system. Q Consideration and possible action to approve the renewal of the bid for the furnishing of Police uniforms to Miller Uniforms in the estimated annual amount of $26,347.00 -- Terry Jones, Purchasing Director and David Morgan, Police Chief R Consideration and possible action to approve the purchase of an additional Police vehicle from Bob Tomes Ford in the amount of $23,777.00 -- Terry Jones, Purchasing Director and Micki Rundell, Director of City Council Meeting Minutes/ 2002 Page 3 of 9 Pages Finance and Administration S Consideration and possible action to approve a resolution expressing official intent to reimburse costs of certain infrastructure projects not to exceed $5,500,000 with proceeds from bonds that will be isued at a later time -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Keith Peshak, 800 Oak Crest, told Council if this item has anything at all to do with the airport, he wished to reserve the remainder of his time to address that issue. Pfiester asked Rundell to explain. Rundell said this item is to procure the funding for the water plant expansion for over $9 million that Council approved on May 14, 2002. She said this procedure would allow the City to go ahead and start the plant expansion. Pfiester confirmed that the City will cash fund between $3 to $5 million of the $9 million, depending on the end of the year water revenue. Pfiester pointed out that because of the City's new fiscal policy of not allowing utility account transfers, the money remaining in the water utility account will allow the City to have to borrow less debt. T Consideration and possible action on a Variance to the Subdivision Regulations for Lot 1 of the Amended River Bend V, Phase III, Lots 14-16, located at Gabriel View Drive, Booty's Crossing Road and Parker Drive -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services U Public Review Final Plats 1. Consideration and possible action on a Public Review Final Plat of 55.45 acres out of the John Sutherland Survey and the C. Joyner Surveys, to be known as Estates of Westlake, located along Highland Spring Lane, with a variance to the Subdivision Regulations -- David Munk, Development Engineer and Amelia Sondgeroth, Director of Development Services 2. Consideration and possible action on a Public Review Final Plat and Parkland Development Agreement of 15.05 acres out of the William Addison Survey, to be known as University Park, Unit Two, Section 1, Phase A, located on the east side of Southwestern Boulevard -- Melissa McCollum, Development Planner and Randy Morrow, Director of Parks and Recreation and Amelia Sondgeroth, Director of Development Services This item was pulled from Council consideration. 3. Consideration and possible action on a Public Review Final Plat for a 29.893 acre tract in the Burrell Eaves, the Frederick Foy, and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty-Fourlocated along Sun City Boulevard -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services (being pulled, by the applicant, for the Regular Agenda) V There is no item V. W Consideration and possible action on a Record Final Plat of 7.220 acres out of the Nicholas Porter Survey, to be known as San Gabriel Village, Section Two, Phase 2, located on San Gabriel Village Boulevard -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services X This item was pulled before the agenda was posted. Motion by Sansing, second by Smith to approve the Consent Agenda with the exception of Item U-2 which was pulled from consideration and Item U-3 which was pulled to the Regular Agenda, and with one correction to the minutes of May 13, 2002. Approved 7-0. U-3 Consideration and possible action on a Public Review Final Plat for a 29.893 acre tract in the Burrell Eaves, the Frederick Foy, and the Daniel Monroe Surveys, to be known as Sun City Georgetown, Neighborhood Thirty-Fourlocated along Sun City Boulevard -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services (pulled by the applicant for the Regular Agenda) McCollum explained the reason for the item being pulled from the Consent Agenda was to point out that the applicant plans Block 4, Lots 37 - 41 to be cluster lot development which allows 10 -foot front and 5 -foot rear City Council Meeting Minutes/ , 2002 Page 4 of 9 Pages setbacks, but the applicant will maintain 20 -foot front setbacks to be consistent with the neighborhood along with the 5 -foot rear setbacks. There was discussion. Motion by Smith, second by Noble to approve the Public Review Final Plat. Approved 7-0. Y Consideration and possible action to appoint additional members to the Georgetown Youth Advisory Board -- Mayor Gary Nelon Motion by Evans, second by Navarrette to approve the appointment of Candice Butler, Rebecca Counts, Emma Stroble, and Steffanie Sikes. Approved 7-0. Z Consideration and possible action to approve an amendment to the Interlocal Agreement between the City of Georgetown and Williamson County for a change order on the D. B. Wood Road construction project to resolve conflict with the City water line location and the road construction project -- Glenn Dishong, Water/Wastewater Service Manager and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained that the City's waterline, inside the County's right of way, needed to be worked on because of the County's change of grade for the road. He said the City needs to reimburse the County for the cost of $63,255. Pfiester explained that the County is building the road for the City and the GUS Advisory Board approved the recommendation. Briggs gave background information, saying the waterline was originally built for Chisholm Trail before the City took it over. Motion by Evans, second by Pfiester to approve the change order. Approved 7-0. AA Consideration and possible action to approve a development agreement between the City of Georgetown and Rivery water goes Partners, Ltd. detention for a 7.416 and onto acre tract to be known as said the Rivery to have only Park Subdivision -- Tom Yantis Yantis explained the item, saying the developer has agreed to fund their pro -rata share of the cost of construction of Rivery Boulevard. He addressed two questions from councilmembers, one being that Section 4.8 be amended to state that written approval may not be unreasonably withheld in terms of assignment of the agreement, the other being that Exhibit A is the approved Public Review Final Plat, as it was presented to the Council, and at that approval, the impervious cover was changed from 85% to 80%. He said that would be noted on the Record Final Plat that would be filed with the County. Motion by Noble, second by Evans to approve with the amendment as stated. Approved 7-0. BB Consideration and possible action regarding the May 21, 2002 letter from Brazos River Authority regarding a service impairment payment for the uncompleted Williamson County Raw Water Line -- Tom Yantis Yants noted that the BRA is offering to make a service impairment payment because of the delay in the completion of the raw water line and asked Briggs to explain. Briggs explained that the testing by the contractor of the raw water line in compliance with the contract has shown some failure and has caused delay in completion. He said the City of Georgetown, along with City of Round Rock, Chisholm Trail Special Utility District, Brushy Creek Municipal Utility District, and Jonah Special Utility District have contracted with the Brazos River Authority for oversight of the construction of the water line, saying Georgetown has 38% or $38 million worth of exposure in this pipeline to get water from Stillhouse Hollow Reservoir. Pfiester pointed out that BRA is not required to provide the payment to the City, but is doing so as a "good faith" effort. Motion by Pfiester, second by Evans to accept the payment. Approved 7-0. CC Consideration and possible action on a Record Final Plat of 27.67 acres out of the William Roberts Survey, to be known as Reserve at Berry Creek, Section 1 C, located north of the most southeast portion of Logan Ranch Road -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum gave a brief background and said it is for 54 residential lots and is coming back before the Council because it has been more than two years since approval of the last final plat for the Reserve. She said the infrastructure for the project is 90% complete. David Munk displayed a map and explained the drainage issues. He noted that the developer has enlarged the pond in order to reduce the possible outflow to downstream residents. Ron Boyd, 3713 Brangus Road, read a statement to Council regarding his concern about the discharge on his property. Council asked questions. Casey Ping, 803 Alhambra, said the old detention pond is actually on his property. He said the water goes around the detention pond and onto Mr. Boyd's property. He said he would prefer to have only one City Council Meeting Minutes/ , 2002 Page 5 of 9 Pages detention pond instead of two. There was discussion on how FEMA declares a floodplain. Munk said the engineers say there will be less flooding due to the enlargement of the detention pond. A Mr. Potts said he has lived in this location since 1979, and it didn't used to flood like this. He relinquished his time to Ron Boyd. Boyd suggested that the water be captured above Alhambra Street. He also suggested that the two detention ponds be incorporated into one pond. Nelon asked Briggs to suggest a solution. Briggs suggested that the City could work with the developer to perhaps combine the two ponds. Motion by Smith, second by Navarrette to approve the final plat. Approved 5-2 (Pfiester and Sansing opposed) Council indicated direction to staff to mitigate the drainage problem. 1. Second Reading of an ordinance closing the public hearing and levying the assessments for the cost of certain improvements in the Georgetown Village Public Improvement District #1; fixing charges and liens against the property in the District and against the owners thereof; providing for the collection of the assessment; providing an effective date; providing for a savings clause and repealing conflicting ordinances or resolutions -- Patricia E. Carls, City Attorney Yantis read only the caption on second reading. Motion by Navarrette, second by Evans to approve Ordinance No. 2002-30. Approved 7-0. 2. Second Reading of an ordinance amending Chapter 10.16 of the Code of Ordinances regarding parking to establish a "Residential Parking Zone" on portions of W. 3rd, W. 4th, W. 5th, W. 6th, Martin Luther King, Jr., and West Streets -- David Morgan, Police Chief Yantis read only the caption on second reading. Motion by Evans, second by Noble to approve Ordinance No. 2002-31. Approved 7-0. 3. Second reading of an ordinance to adopt new elements of the Century Plan: The Future Land Use Plan and the Thoroughfare Plan -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Sondgeroth read only the caption on second reading. She read the nine additional items as approved by Council upon approval of the first reading on April 23, 2002. Sansing said he has received phone calls regarding the use of the Weir property for mining base material for SH130 which will increase traffic on Leander Road. Motion by Snell, second by Pfiester to approve Ordinance No. 2002-32. Approved 6-1. (Navarrette opposed) 4. Second Reading of a rezoning and Detailed Development Plan of 19.34 acres in the John Berry Survey, to be known as Chisholm Park, Section Two, from A, Agricultural to RP, Residential Planned, or any more restrictive classification, located at 300 CR 152 -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services Benton read only the caption on second reading. Motion by Evans, second by Pfiester to approve Ordinance No. 2002-33. Approved 7-0. 5. Second reading on an ordinance providing for the annexation into the City of 29.893 acres, more or less, in the Daniel Monroe Survey and Frederick Foy Survey, located the north of the intersection of Sun City Boulevard and Del Webb Boulevard, to be known as Neighborhood 34, Sun City Texas -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption on second reading. Motion by Noble, second by Sansing to approve Ordinance No. 2002-34. Approved 7-0. 6. Second reading on an ordinance providing for the annexation into the City of 2.35 acres, more or City Council Meeting Minutes/ 172002 Page 6 of 9 Pages less, in Section Five of the Wood Ranch Subdivision, including part of lots 1 and 2, and all of lot 3, located at the northeast corner of the intersection of D.B. Wood Road and State Highway 29 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services This item was pulled. 7. Second reading on an ordinance providing for the annexation into the City of 3.19 acres, more or less, in the 1460 Commercial Park Subdivision, located at the southeast corner of the intersection of Quail Valley Drive and FM 1460 -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption on second reading. Motion by Evans, second by Pfiester to approve Ordinance No. 2002-35. Approved 7-0. EE First Readings 1. First reading of an ordinance rezoning a 4.75 acre tract in the Joseph Fish Survey, from A, Agricultural, to C-1, Local Commercial, or more restrictive district, located at the southeast corner of the intersection of Penny Lane and Williams Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum explained that the Planning and Zoning Commission and staff recommend rezoning to RM -3, not C-1. McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Jim Jamison, 107 Olde Oak, representing the homeowners association, using additional time from David Glanzer read a letter from the homeowners association requesting protection for their homes from any increase in traffic, requesting buffer zones from commercial development, and requesting a moratorium on any future rezoning along Williams Drive until a study is completed. Evans asked Jamison if he had seen a letter dated March 6, 2002, from Amelia Sondgeroth that stated that no recommendations would be made at this time for specific land uses for the Williams Drive Corridor. Jamison said he has not seen the letter. Evans asked and Sondgeroth explained the sequencing regarding properties along Williams Drive. She said zoning issues along Williams Drive would be considered on a case-by-case basis without benefit of a land use plan for that area. She said the study of the Williams Drive corridor would begin in late summer, and she would be asking for financial assistance during the budget discussions in order for the study to be completed by the end of the year. Dave Glanzer, 214 Olde Oak Drive, Secretary of the Olde Oak Estates Homeowners Association noted on Item DD -3 on this agenda there was an item added that allowed rezonings to proceed. He told Council that the manufacturing plant that was shown on Exhibit A for this rezoning is a palm tree outlet. He said Habitat for Humanity is also down that road. He said it is misleading. He said he thinks this item is an attempt to get the rezoning done before the Council has control with a land use plan for Williams Drive. Vicki Acosta, 100 Teki Court, San Gabriel Estates, said she is voicing concerns of the residents in her subdivision. She said traffic is a big problem and will become worse if the property is rezoned. She also asked that there not be any night-time businesses in that location. She said they are concerned about the resale value of their homes backing up to the subject property. She said they could "live with" the RM -3 zoning. Pete Dwyer, was allotted time by Ms. Olson, and Ms. Rich, the owners of the subject tract, clarified that all of the next four agenda items would be discussed together. He told Council he is speaking as a friend of the family representing the owners of the subject properties. He said it is understood that the area is in transition. He said the applicants would like to cooperate with a plan that is the best for all concerned. He said he thinks the owners can 'live with" RM -3. Nelon asked City Attorney Jo Christy Brown for clarification regarding the ability to rezone to RM -3 - Brown said Council could take action on the ordinance that was provided in the packet, as approved by the Planning and Zoning Commission. Snell said he would vote against any rezoning for Williams Drive until after the study has been City Council Meeting Minutes/ , 2002 Page 7 of 9 Pages done. Noble pointed out that being less than five acres, the parcels would be exempt from the City's Interim Subdivision Regulations, escaping the requirement for a traffic impact analysis. Pfiester, Smith and Evans agreed with Snell. Snell asked if there is a time limitation regarding deferring action on these items. Sondgeroth stated that action would need to be taken within 30 days on Century Plan Amendments. She said If the application is denied, the applicants cannot re -apply for the same zoning for six months. Navarrette pointed out that the Master Plan allows property owners on Williams Drive to come forward with their applications. Sansing said he remembers the discussion at Planning and Zoning Commission and that the reason the property is split is because of Penny Lane going through the property. Navarrette asked if the applicant would be willing to do a voluntary traffic impact analysis. Dwyer said the adjacent property owner has said that RM -3 would be all right. He said they have waited "in good faith." He asked that they not be denied. Motion by Snell, second by Smith to deny C-1 zoning. 8:35 p.m. -- recessed to Executive Session 8:47 p.m. -- resumed Open Session Noble emphasized that the "door is still open" for applicants to come forward for rezoning on Williams Drive. Approved 5-2. (Navarrette and Sansing opposed) 2. First Reading of an ordinance for a Century Plan Amendment from Intensity Level Two to Intensity Level Four, or any more restrictive classification, for 4.75 acres, more or less, in the Joseph Fish Survey, located at the Southeast corner of the intersection of Penny Lane and FM 2338 (Williams Drive) -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Noble to deny the Century Plan Amendment. Sansing said he felt Council was being remiss in denying the rezoning and should at least plan for the services to be there. Approved 5-2 (Navarrette and Sansing opposed) 3. First reading of an ordinance rezoning a 4.76 acre tract in the Joseph Fish Survey, from A, Agricultural, to C-1, Local Commercial, or more restrictive district, located at the northeast corner of the intersection of Penny Lane and Williams Drive -- Melissa McCollum, Development Planner and Amelia Sondgeroth, Director of Development Services McCollum read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Noble, second by Evans to deny the rezoning to C-1. Approved 5-2. (Navarrette and Sansing opposed) 4. First Reading of an ordinance for a Century Plan Amendment from Intensity Level Two to Intensity Level Four, or any more restrictive classification, for 4.76 acres, more or less, in the Joseph Fish Survey, located at the Northeast corner of the intersection of Penny Lane and FM 2338 (Williams Drive) -- Ed Polasek, Chief Long -Range Planner and Amelia Sondgeroth, Director of Development Services Polasek read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Smith to deny the Century Plan Amendment. Approved 5-2. (Navarrette and Sansing opposed) Dwyer asked if there is now a moratorium. He was told there is no moratorium. He asked if an alternative RM -3 zoning could be considered. He asked about the fees that were already spent. it was determined that an application could be made, and he was referred to staff. 5. First Reading of a Rezoning of 13.403 acres in the Francis A. Hudson and J.S. Patterson Surveys, from A, Agricultural to I, Industrial, or more restrictive district, to be known as Park Central One, Section III, located on Westinghouse Road at Park Central Boulevard -- Carla Benton, Development Planner and Amelia Sondgeroth, Director of Development Services Benton read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. She explained that this is the final portion of an industrial park. She said this rezoning is consistent with the previous approvals. Pfiester confirmed with Munk that the City has water available with a CIP to increase the pump capacity. He said the applicant paid City Council Meeting Minutes/ , 2002 Page 8 of 9 Pages $75,000 as their share of the cost of the pump capacity. Motion by Smith, second by Navarrette to approve the ordinance on first reading. Approved 7-0. 6. First Reading of a Rezoning of: 2.80 acres, out of the 1460 Commercial Park Subdivision, from A, Agricultural to C2A, Commercial First Height, or more restrictive district, located at the southeast corner of Quail Valley Drive and FM 1460; and, 1.99 acres out of the Horizon Commercial Park Subdivision, specifically Lots 1 & 2 of Block B, from I, Industrial to C2A, Commercial First Height, or more restrictive district, located at the southwest corner of Quail Valley Drive and Texstar Drive -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Development Services Ray explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Evans, second by Noble to approve the ordinance on first reading. Approved 7-0. 7. First Reading of a Rezoning of 1.812 acres, out of the North Porter Survey, Abstract No. 497, from RS, Single Family District to RM -2 Dense Multi -Family District, or more restrictive district, and 1.34 acres out of the North Porter Survey, Abstract No. 497 from C2 -B, Commercial Second Height District to RM -2 Dense Multi -Family District, or more restrictive district, located on the east side of Janis Drive between Northwest Boulevard (north) and Park Lane (south) to be known as Ryan's Cove -- Bobby Ray, Chief current Planner and Amelia Sondgeroth, Director of Development Services Ray explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Pfiester, second by Evans to approve the ordinance on first reading. Approved 7-0, 8. First Reading of an ordinance for a Century Plan Amendment of 3.42 acres, out of the William Addison Survey to change from Intensity Level 3 to Intensity Level 4, or any more restrictive classification, located on State Highway 29 east of CR 188 -- David Munk, Development Engineer and Amelia Sondgeroth, Director of Development Services Munk explained the item and read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Navarrette, second by Evans to approve the ordinance on first reading. Approved 7-0. The meeting was adjourned at 09:08 PM. rary Nelon YnA . P City Council Meeting Minutes/ , 2002 Page 9 of 9 Pages Atte: /City Secretary Sandra Lee