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MIN 03.11.2003 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, Doug Smith, Jack Noble, Sam Gabe Sansing Pfiester, Ken Evans Staff Present: Paul Brandenburg, City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Trish Carls, City Attorney; Sandra Lee, City Secretary; Amelia Sondgeroth, Director of Planning and Development Services; Micki Rundell, Director of Finance and Administration; David Munk, Development Engineer; Bobby Ray, Chief Current Planner; Terry Jones, Support Services Director Policy Development/Review Workshop Regular Session to convene and continue Executive Session, if necessary Executive Session There was no Executive Session held at this meeting. Regular Session General Chuck Graham handed out T-shirts to the Mayor and Council and announced that construction of the Veteran's Memorial in Sun City would begin tomorrow. D Call to Order Called to order at 6:01 p.m. E Pledge of Allegiance Mayor Nelon led the Pledge. F Comments from the dais regarding the following items: - Welcome to Audience and Opening Comments -- Mayor Gary Nelon Mayor Nelon welcomed the audience and gave a brief outline of council meeting procedures. Proclamation for Red Cross Month -- Mayor Gary Nelon Mayor Nelon read the proclamation and presented it to Audrey Simmons, Director of the Central Texas Red Cross. G Announcements and Comments from City Manager Brandenburg announced that the utility billing offices moved today to the Municipal Complex, at 300 Industrial Avenue, where there is a drive -up window for utility payments, saying there is a map on the city website. He said the old drop box will remain at the corner of 8th and Church, and if there are questions to please call 930-3640. City Council Meeting Minutes/March 11, 2003 Page 1 of 9 Pages He announced the Transportation Plan Open House with Wilbur Smith and Associates will be held at the Municipal Complex on Wednesday, March 26, from 6:00 to 8:00 p.m. H Citizens Wishing to Address Council - B. Keith Peshak, 800 Oak Crest Lane, regarding: "Howard Fomby is the spokesman (professional spin doctor) for the Airport Advisory Board (pro Air Transportation Center) and has taken several interesting positions and actions in that official capacity." Peshak gave his opinion of what the councilmembers had discussed regarding the airport at their workshop on Monday evening. He said the most recent air crashes have occurred in airports that have air control towers. He claimed that the airport lease program is an "Oklahoma Land Rush." He gave a report on Howard Fomby's voting record at the Airport Advisory Board. I Action from Executive Session on March 10, 2003 Motion by Doug Smith, second by Jack Noble that the City staff be authorized to enter into final negotiations with Del Webb on a Development Agreement that settles disputed matters between the City and Del Webb, that revises the original development agreement to reflect a Sun City sized at 5000 homes, and that may also include a water/wastewater agreement if the terms of such an agreement are satisfactory to the City Council and also that the Development Agreement be brought back before the City Council for its consideration and possible action on April 8, 2003. Approved 6-0. (Sansing absent) Statutory Consent Agenda J Consideration and possible action to approve the minutes of the Council Workshop on Monday, February 24, and the Re -scheduled Regular Council Meeting on Friday, February 28, 2003 -- Sandra D. Lee, City Secretary K Consideration and possible action to approve a resolution of support for the efforts of the City of Round Rock to develop a higher education campus and to encourage the State of Texas to pursue the location of a permanent campus for the Round Rock Higher Education Center in Round Rock -- Paul Brandenburg, City Manager Navarrette read the subject of the item for the audience and said he appreciates the City Manager's efforts to bring this item to the Council. L Discussion and possible action regarding a resolution setting a date, time and place for a public hearing on the inclusion of 50.38 acres of real property known as Section 7 of the Georgetown Village Subdivision into the Georgetown Village Public Improvement District #1 -- Trish Carls, City Attorney Motion by Smith, second by Pfiester to approve the Consent Agenda in its entirety. Approved 6-0. (Sansing absent) M Consideration and possible action to appoint a Council Ethics Subcommittee to look into matters raised by concerned citizens and/or ethics violations and make recommendations to the Concil as to how these matters should be handled in the future -- Mayor Gary Nelon Nelon noted that this item was in response to a letter from some concerned citizens. He said he has asked that Councilmembers Snell, Smith and Noble serve as a subcommittee of the Council to look into matters raised by the signers of the letter and to make recommendations to the Council regarding the letter and how to deal with any perceived conflicts of interest in the future. Motion by Noble, second by Smith to approve the appointment of the Subcommittee. Judy Shepherd, 2918 Gabriel View, saying she was one of the signers of the letter said she feels that her motives were questioned. She said she doesn't think conflicts of interest are about motives, but rather about a relationship and a fact. She said she cares deeply about who serves on the Planning and Zoning Commission because they have the authority to permit businesses and industries to build over the Aquifer. She said they have the right and the opportunity to push for a higher percentage of impervious cover. She said she has a right to ask for whom speakers are speaking, including city officials. She said she is not interested in personalities, but is interested in what is being created and left for generations to come. City Council Meeting Minutes/March 11, 2003 Page 2 of 9 Pages Ketih Peshak, 800 Oak Crest Lane, told Council he supported the previous speaker and her "motives." He suggested some questions to be answered by an Ethics Commission. Marjorie Herbert, 1246 Main Street, said she appreciates the reconsideration of the letter and the action to appoint a committee to clarify and correct "what is a conflict of interest." She said she had no intention that the letter she signed would become public. Pfiester read a response to the Mayor's statement at the Council Meeting last Friday night. He called the response inappropriate. He said the letter contained seven questions that pertained to potential conflicts of interest concerning Chris Aadnesen whom the Council had reappointed to the Planning and Zoning Commission and the Mayor had recommended for Chair of the Planning and Zoning Commission. He said the questions in the letter were posed to the Council, not to Aadnesen. He said the questions concerned Aadnesen's relationship with Georgetown Rail Equipment Company (GREX), the largest industrial developer in Georgetown. He said the letter also questioned the relationship of Aadnesen to Mel Pendland, the Executive Director of the Chamber of Commerce and their relationship with GREX. He said the reason the letter was written was because of their concern for the approval of the new Unified Development Code. He said Aadnesen's and Pendland's positions on impervious cover limitations and the manufacture and use of hazardous materials over the Edward's Aquifer Recharge Zone would substantially impact GREX. He said he has three issues with the positions in the Mayor's statement. He said the Mayor "dispensed" with the right of three citizens to simply ask their elected officials how to address potential conflicts of interest. He said the Mayor stated that the questions were accusatory in tone. He asked why it is a "slippery slope" simply to ask questions concerning a potential conflict of interest. He said he hoped the Mayor has reconsidered his position and he hoped that the Mayor and Council would support a revised ethics ordinance that would include registration of lobbyists, and a defined process to handle questions concerning conflicts of interest. He also directed comments to the Council, saying it is the Council's duty to do what is right, not just what is comfortable. Smith noted that he had been asked to serve on the ethics subcommittee and said he is pleased to do so He said he appreciates the explicit nature of the letter, the fact that the letter was signed, and two of the signers spoke to Council in an open meeting. Vote on the Motion: Approved 6-0. (Sansing absent) N Consideration and possible action to review a letter from citizens regarding potential conflicts of interest of an advisory commission member; and discussion and possible action concerning the adoption of a revised Ethics Ordinance and possible establishment of and appointment of members to an Ethics Commission -- Councilmembers Sam Pfiester and Ken Evans Pfiester noted that the current ethics ordinance only meets the minimums of State law and needs to be more specific for such issues as conflict of interest and registration of lobbyists. He asked that another committee be appointed with a broader task to recommend a revised City ethics ordinance and make recommendations to Council. Evans noted that the subject of an ethics ordinance is in the minutes of March 5, 2001. He said there were items on council agendas through June 2001, but no action was ever taken. He said he thinks it is important that ethics be addressed at this time. Brandenburg suggested that he and Trish will look at what has been done as well as current ordinances in other cities and prepare a draft ordinance for Council review and consideration. Evans said he is sure the committee would appreciate any input from the manager and attorney. He said the proposed members of the committee, Carl Doering, Marjorie Herbert, and Judy Shepherd, are "a-policitcal" and are outstanding citizens of the communtiy. He said it is obvious to him that the Council as a body has difficulty agreeing on the subject of ethics, so the issue needs to be dealt with by a committee of citizens outside the Council. Navarrette said there were a lot of other issues, such as a recall election and the search for a new city manager taking place during the period that immediately followed the previous ethics discussion and that probably contributed to the lack of action. He noted that the Texas Municipal League (TML), of which the City is a member, is opposed to financial disclosure, saying he thinks there is more to this than is realized. He read information provided by TML regarding their opposition. He said he thinks the committee should consist of one member from each of the seven single -member districts, in order to cover a cross-section of the community. Motion by Pfiester, second by Evans to form a committee, composed of the following citizens: Carl City Council Meeting Minutes/March 11, 2003 Page 3 of 9 Pages Doering, Marjorie Herbert, and Judy Shepherd, to look into a revised ethics ordinance and make a recommendations to Council and to also include a citizen from each single -member district. Della Green, 1901 Vine Street, said the issue of ethics came up in 2000. She said according to the City Charter, there should be an Ethics Commission before a committee is formed. Smith said he recalls the lengthy discussion in the past and the lack of action. He said he thinks there was no action because the previous rules were going to be applied to City staff and there was a concern that it would hinder the Council in getting good city staff if these requirements were in place. He said some of the items that were mentioned by Navarrette might discourage citizens from serving as Councilmembers. Noble said he is not questioning the motives of the signers of the letter, but likes Brandenburg's suggestion that he and the City Attorney will put together some information for the Committee to review. He said he agrees that if there is a committee, there should be one member from each of the seven single -member districts. Motion by Noble, second by Pfiester to amend the previous motion to include one member from each single -member district and one member appointed by the Mayor. When asked by Nelon, Caris said the subcommittee is not in conflict with the Charter. Vote on the amendment: Approved 6-0. (Sansing absent) Vote on the amended motion: Approved 6-0. (Sansing absent) O Georgetown Municipal Airport Mayor announced that Item 0-4 would be deferred to another meeting. He asked Snell to give a brief overview of the items. Snell described each item and said all of them concern an update of the Airport Master Plan. Elizabeth Hunter, 3805 Roble Grande Circle, urged Council to revise the Airport Master Plan. She read from a letter she received from an appraiser regarding the value of her house having been decreased by the relationship with the airport. She urged the Council to plan, organize, and guide growth. Kathy Heidemann, 497 Golden Oaks, said Snell is "headed on the right track" and urged Council to "go ahead and get it done." Carl Eckhardt, a volunteer at the airport for the Aircraft Owners and Pilots Association, said because of the closure of several other airports in the central Texas area, Georgetown Airport is needed by many people other than the citizens of Georgetown. Consideration and possible action to direct staff to prepare a plan for updating the Airport Master Plan and to present the plan to Council no later than May 13, 2003 -- Councilmember Farley Snell Motion by Snell, second by Evans to direct staff to preapre a plan for updating the Airport Master Plan and to present the plan to Council no later than May 13, 2003. Keith Peshak, 800 Oak Crest Lane, claimed there is no person hired by the City that knows anything about the operation of an airport. He said there is a relative of the Airport Director on staff at the airport. He said there is no drawing included as a part of the Airport Master Plan. He said there are discrepancies in the finances of the airport. Penny Burt, 3803 Roble Grande Circle, said she supports the motion to update the Master Plan, but cautioned that doing it the way it was done in the past makes it an "expansion plan." She urged Council to look into that and regarding the next item, she said the consultants to be hired need to consider the needs of both the aviation people and the people who live and work around the airport. Don Dison, 607 Esparada, told Council he owns a business at the Airport, employing people who live and pay taxes in Georgetown and who soon will have children in Georgetown schools. He said he is in agreement with Penny Burt's suggestion about the consultant, saying the consultant should have experience with similar -sized airports in towns the size of Georgetown. City Council Meeting Minutes/March 11, 2003 Page 4 of 9 Pages Todd Lutrus, 907 Live Oak Road, told Council he works for Century Turbine at the Airport. He said he wanted to make sure that the Council doesn't spend as long a time working on the Master Plan as they have spent working on the ethics ordinance. He asked if the noise study was inaccurate because it wasn't what they wanted to hear? Pfiester, Smith, and Noble publicly commended Snell for his efforts. Vote on the Motion: Approved 6-0. (Sansing absent) 2. Consideration and possible action to direct staff to recommend potential consultants to assist the City in preparing an update to the Airport Master Plan -- Councilmember Farley Snell Motion by Snell, second by Evans to direct staff to recommend potential consultants to assist the City in preparing an update to the Airport Master Plan. Snell said he sees the consultant as someone who meets Dison's qualifications, but also will work with the Council as to what they want the airport to be. Smith said he would expect staff to also come back with the estimated cost. Vote on the Motion: Approved 6-0. (Sansing absent) Keith Peshak, 800 Oak Crest Lane, said again that there is no qualified employee at the airport and no drawing, and Howard Fomby prepares and keeps secret the finances of the airport. He said the hangars are in poor condition. He also claimed that fuel is being dumped into the Aquifer, and said there is no fire protection at the airport. 3. Consideration and possible action to direct staff not to accept any new applications for airport ground leases until the Airport Master Plan update is completed -- Councilmember Farley Snell Motion by Snell, second by Noble to direct staff not to accept any new applications for airport ground leases until the Airport Master Plan update is completed. Keith Peshak, 800 Oak Crest Lane, spoke of his objection to the application to build 28 new hangars at the Airport. He asked if this motion is a special interest protection measure disenfranchising the citizens of Georgetown who are the owners of the Airport. Penny Burt, 3803 Roble Grande Circle, said she appreciates the Council's careful consideration of these matters. Don Dison, 607 Esparada, suggested that there be legal consultation before Council passes this motion. He said he feels this motion would be in disagreement with the FAA and TXDOT. Pfiester asked for Carls to respond to what was said by Dison. Carls said it appears that Council's motion is not unreasonable or unfair "on its face" because it is applied to all and that Dave Fulton didn't indicate there was a problem with this during a previous discussion. Pfiester asked if there should be a time limit put in the motion and asked about the applications that already exist before the motion. Carls noted it is unclear as to how long this update would take. She said she understood that this motion applies to any applications from this day forward, and asked for clarification from the dais on that point. Snell said he considered the application that is in and has been processed by the Airport Advisory Board and is under the 120 days as being "in." The second application, he said he would consider, is not "in." He said his intent is to "step back" before going into the west side of the Airport with 30 -year leases which would limit the ability to plan at the Airport. There was further discussion. When questioned by Smith, Snell replied that the new Master Plan would not preclude any new aircraft ground leases. He said it might preclude ground leases for airport storage and maintenance, but would certainly include ground leases for a variety of other uses, if that is what the Master Plan calls for. Vote on the motion: Approved 6-0. (Sansing absent) 4. Consideration and possible action to determine how to proceed with the FAR Part 150 Airport Noise Compatibility Program -- Councilmember Farley Snell City Council Meeting Minutes/March 11, 2003 Page 5 of 9 Pages This item was pulled from consideration on this agenda. 5. Consideration and possible action to direct staff to develop a resolution guiding future development and management of the airport for adoption by Council at the March 25, 2003 meeting -- Councilmember Farley Snell Motion by Snell, second by Evans to direct staff to develop a resolution guiding future development and management of the airport for adoption by Council at the March 25, 2003 meeting. Snell noted that he had stated his seven -point working strategy last night as listed in the attachment to the agenda item cover sheet for the workshop and requested that those seven points be put in a resolution to guide the future development. Keith Peshak, 800 Oak Crest Lane, said at the last Airport Advisory Board Meeting, one of the members read the FAR's, thereby pointing out that both of the applications that are before the Board are illegal because they don't comply with the Airport Master Plan because the current Airport Master Plan doesn't comply with the FAR's. Don Dison, 607 Esparada, suggested that the resolution include some of the varying citizen input that Council has received. Evans recounted that Snell had presented to the Council a ten -page report of suggested action concerning the airport in the future as a result of his voluntarily seeking community input regarding airport issues, and thanked him for his efforts. Snell said although it was difficult, it was a stimulating and wonderful experience. Vote on the motion: Approved 6-0. (Sansing absent) Consideration and possible action to approve a three-month extension to the Construction Completion Deadline for Cannon Aviation Group, Inc. at 304 Terminal Drive -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Brandenburg explained the item. Motion by Smith, second by Pfiester to approve the extension. Keith Peshak, 800 Oak Crest Lane, said "in Georgetown we let our friends out of contracts." Vote on the Motion: Approved 6-0. (Sansing absent) Don Gish, author of the letter provided on the dais as an attachment to the agenda item, offered to answer any questions from Council. There were no questions. P Consideration and possible action to award the annual bid for janitorial and floor cleaning services to Service Master in the estimated amount of $188,201.50 -- Terry Jones, Support Services Director and Micki Rundell, Director of finance and Administration Jones explained the item, saying that the low bid was awarded to Service Master, who had provided janitorial services to the City from 1998 to 2001 with satisfactory results. He told Council that the bid specifications call for a 60 -day probation period to ensure that the cleaning is satisfactory to the building occupants. When asked by Navarrette, Jones said in a bid situation, low price is the primary goal, but there are performance requirements as well. Ashlie Koenig, owner of Clean Across Texas, current vendor for janitorial services, said she was dismayed to learn that another vendor is being recommended simply because of a $1400 difference in the bid. She said their bid last year saved the City nearly $15,000 on the cleaning contract this past year alone. She said, through her contacts at the City, she learned that Service Master only provided satisfactory service to the City. She said Clean Across Texas has received letters of recommendation and verbal compliments to support that they are doing a better job than Service Master did. She said, at the beginning of the contract, it took nearly two months to bring the City facilities up to a level of excellence, and the additional hours were not charged to the City. She said that Clean Across Texas is a locally -owned and operated business, not a City Council Meeting Minutes/March 11, 2003 Page 6 of 9 Pages franchise, which means all of the proceeds from the business are spent locally and not sent to out-of-state headquarters. There was discussion. Motion by Navarrette, second by Smith to keep the contract with Clean Across Texas. Carls cautioned Council that it is state law that the City take the lowest responsible bidder. There was further discussion. When asked by Snell, Carls told Council that they could, in fact, be sued by the other contractor since being sued is always a possibility in any case. She said Council could reject all bids, but if not, the way state law is set up, they would need to award the bid to the lowest responsible bidder. There was further discussion. Pfiester said he would make a motion to reject all bids. There was further discussion. Vote on motion: Approved 4-2. (Evans and Pfiester opposed) (Sansing absent) Q Consideration and possible action to authorize the City Manager to execute a deed and related documents to transfer ownership of the Advanced Cable Services facility to the business pursuant to the Texas Capital Fund Program and the terms of the State -approved lease -- Micki Rundell, Director of Finance and Administration and Paul Brandenburg, City Manager Rundell explained the item. Motion by Snell, second by Smith to approve. Approved 6-0. (Sansing absent) R First reading of an ordinance amending the 2002/03 Annual Operating Plan Element (budget) for various adjustments relating to the timing of capital projects, increase of 1/4 cent sales tax, grant approvals, and financing of fleet replacement -- Laurie Brewer, Controller and Micki Rundell, Director of Finance and Administration Brewer 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 budget amendment on first reading. Approved 5-1. (Navarrette opposed) (Sansing absent) 8:10 p.m. -- recessed 8:20 p.m. -- reconvened S Second reading of an ordinance adopting the Unified Development Code -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth read only the caption of the ordinance on second reading. Motion by Pfiester, second by Smith to approve Ordinance No. 2003-16. Sondgeroth recalled to Council that two letters had been received regarding RM -3 zoning converting to office zoning. she said one of the letters is for an area already developed into apartments, the other letter concerns a site plan that has been approved for apartments. She said that because apartments would not be permitted in office zoning, she suggested that Council initiate a rezoning of both of these properties to MF zoning so they would conform. When questioned as to how the Council would do this, Carls replied that Council could amend their motion, but let them know that it might come up on a case-by-case basis. It was decided to go ahead and approve the original motion. Dale Conway, owner of Conway's Transmissions at 224 E. 8th Street, told Council he shouldn't have had to come to this meeting. He said 13 years ago he was asked by the previous owner to buy his garage. He said he went through all the procedures to rezone the property to C -2A with some restrictions and was promised to be able to rebuild in case of a fire or storm. He said his reason for coming to this meeting, was to ask if it is legal to do what he's asking to do. Carls said she believes that it is possible to have non -conforming uses in the Unified Development Code. Sondgeroth told Conway that if his property were destroyed over 50%, he would be able to rebuild if he applied for a building permit within six months. City Council Meeting Minutes/March 11, 2003 Page 7 of 9 Pages Smith clarified that his motion at the first reading of the UDC was to allow the staff to determine the "size and frequency" of light pole -mounted banners, frequency meaning "spacing." Vote on Original Motion: Approved 6-0. (Sassing absent) Pfiester thanked all who were involved in the process, particularly Sondgeroth and staff, Jack Hunnicutt, John Kirby, John Gavurnik, and Renee Hanson. T Consideration and possible action on a Concept Plan for 5300 acres, more or less, out of the F. Foy, L. Dyches, B. Eaves, W. Roberts, M. Lewis, R. Jenkins, L. Russell, A. Short, G. Thompson, W. Wilkinson and D. Monroe Surveys, to be known as Del Webb 7th Amended Concept Plan, located between Shell Road, Williams Drive, CR 245, and SH 195, with variances to the Subdivision Regulations -- Bobby Ray, Chief Current Planner and Amelia Sondgeroth, Director of Planning and Development Services Sondgeroth explained the revisions from the 6th amendment as being that this Concept Plan concerns the entirety of Sun City, approximately 5,330 acres, and is basically the same land use plan with the exception that the 197.6 acres of 4T Ranch and 97 acres of the Yearwood Property located just north of Parmer Lane are no longer part of the Concept Plan. This amended plan revises the roadway system, with a new layout in consideration of the Parmer Lane extension. She said it provides five access points to the development. She said this plan meets the requirements of access and connections, but there is a variance needed to Sec. 33.030 (B) of the Subdivision Regulations and also to the table of the same reference requiring that all existing major streets have secondary streets located approximately 114 mile. She said this amended plan calls for a buffer landscape area which means there would be no streets connecting along the major arterial. She said the staff recommended to the Planning and Zoning Commission that it only be approved with the condition of the approval of the amended settlement development agreement, based on the findings of fact in the staff report. Carls said if Council wanted to make it more clear, they could say that it is contingent upon the disputed issues between the City and Del Webb. She said there is one other outstanding issue involving the TIA done in 1994, either that those provisions be carried out or a new TIA would be done. She said Council would need to make it as a note on the Concept Plan or a condition to the motion that either that study or the things that were required by that study would have to be carried out by someone or a new TIA would have to be done. Motion by Smith, second by Pfiester to approve the revised Del Webb Concept Plan with following conditions: (1) that the Concept Plan is conditional and not effective unless and until the City approves a new development agreement with Del Webb resolving all disputed issues, and if no such agreement is approved by the City Council, then the Concept Plan shall automatically be considered to be denied; and (2) that the Concept Plan, if it does become effective, include a note stating that the traffic improvements set forth in the "Northwest Quadrant Traffic Impact Assessment" by Kirkham Michael & Associates in August 1994 must be implemented, or that a new Traffic Impact Analysis be performed as a condition of platting; and (3) that if Sections 3, 4, and 5 are developed as non -age restricted, then acreage be provided for schools. Don Padfield, 105 Tipps Court, told Council that the residents of Sun City have worked with the developer and he asked Council to approve the 7th Amendment. Betty Jukes, 187 Dove Hollow Trail, thanked the Council and told them that the residents of Sun City and Del Webb management have all worked hard to come to this solution, but she is concerned about the "attachments" on Smith's motion. She said the Sun City residents would like to see this resolved as soon as possible. Gen. Charles Graham, 134 Warbler Way, asked Council to approve the Concept Plan. He said the issue about water rights needs to be solved expeditiously. Todd Janssen, Del Webb Management, told Council they have no issues with staffs report. He asked for clarification regarding the conditions in Smith's motion. He asked for confirmation that if another plat is filed on the northern property, that a new traffic Impact analysis (TIA) be submitted. Smith said either the previous one should be updated or a new one prepared. Janssen noted that there is a new updated TIA from last November when Del Webb made application for a different land use than the one proposed tonight that had not been approved, but had been submitted. Noble said he is familiar with that TIA and it would need to be updated or changed for this land use. Regarding setting aside land for schools, Janssen asked for clarification. He asked why that condition was attached to this particular approval. Smith noted that his intent was not that the land would be provided to the school district free of charge, but that negotiations would be entered into with the school district to provide land so that schools could be provided City Council Meeting Minutes/March 11, 2003 Page 8 of 9 Pages in that area so that the children living in that area didn't have to be transported into other schools in town, saying that it is traffic related. Janssen said if that land were sold for non -age -restricted development, the developer would have to provide a preliminary plat and the City would have full opportunitiy to condition accordingly for schools, fire stations, connectivity, etc. Pfiester asked and Sondgeroth replied that the Subdivision Regulations and the new UDC do not require that land be set aside for school sites. Janssen said they have no problem working with the school district and the city to make sure that issue is handled. Gary Newman, Del Webb Management, said in November they talked about schools. He said tonight there is no offering for school property because this plan is for an active adult community. There was clarification for Newman by Smith, Nelon, and Carls. There was further discussion. Carls said the Concept Plan is not age -restricted, the Development Agreement, at present, is age restricted. She said the Concept Plan is about land use and just says "single-family," but under the existing agreement, any change in the Concept Plan means they must comply with the new rules. Janssen asked if the Concept Plan would survive a sale of the northern property to someone else. Carls said the sale of the land has not been addressed because it is a part of the Development Agreement that hasn't been dealt with yet. Nelon asked Smith to restate the conditions of his motion. There was further discussion. Janssen asked if the City is obligating Del Webb for the TIA; and if Del Webb sells the property, are they still responsible for providing the TIA? It was determined that whoever buys the land would have that obligation if they change the land use. Janssen further clarified that Del Webb could not obligate another developer to negotiate with the school district to provide school sites. Nelon noted that the Council sees no other way to reserve those sites. Vote on motion: Approved 6-0. (Sansing absent) Newman asked for clarification on the action from Executive Session. Smith and Nelon explained that Council is asking that staff negotiate with Del Webb regarding the disputed issues and bring those negotiations back to Council on April 8. Newman said the settlement agreement expires the end of this month and confirmed that it would need to be extended again. He urged that Council come to a resolution to this issue at the April 8 Council Meeting. U Consideration and possible action to approve a resolution amending Resolution 021103-M-2 calling the General/Special Election on May 3, 2003, to correct references to Charter section numbers on the ballot language for the Charter Amendment Election; and to correct references to early voting dates and times; and to correct a reference to an election day voting location -- Sandra D. Lee, City Secretary and Patricia E. Carls, City Attorney Carls explained the item. Motion by Snell, second by Navarrette to approve. Approved 6-0. (Sansing absent) The meeting was adjourned at 09:10 PM. Apprglyed Mayor ly Nelon City Council Meeting Minutes/March 11, 2003 Page 9 of 9 Pages Attest: City Secretary Sandra Lee