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26 Regular Meeting May 20/_1996 Page 5 Hughson moved to amend the Ordinance to incorporate the amendments outlined in Mr. Taylor's memorandum, as follows, "SECTION 1. Section 114.353(1)a. and (10) of the San Marcos City Code are amended/ and Section 114.353(11) is added to read as follows: "(1) Minimum lot area: I "a. 12,000 square feet "(10) Maximum gross density: 24 dwelling units per acre. ." (11) See section 114.611 et seq. for further clarification and exceptions and modifications. II "SECTION 2. Section 114.368(1)a. and (10) of the San Marcos City Code are amended, and Section 114.368(11) is added, to read as follows: "(1) Minimum lot size: . "a. 20,000 square feet. "(10) Maximum gross density: 40 dwelling units per acre. "(II) See section 114.611 for further clarification and exceptions and modifications. II Mr. Hart seconded the motion/ which passed unanimously. Mr. Cox stated the City still needs to go forward with sector planning. On roll call for adoption of the Ordinance, the following vote was recorded: AYE: Mihalkanin, Hughson, Moore, Cox. NAY: Hart, Guerra, Hernandez. ABSTAIN: None. Mayor Moore introduced for consideration Item 8.D. (8) removed from the consensus agenda/ adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS/ TEXAS, APPROVING A TOWER AGREEMENT BETWEEN THE CITY AND GTECH CORPORATION; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Ms. Hughson seconded the motion. Mr. Guerra stated under the Telecommunications Act of 1996, cities have certain rights, and the Council needs to become well versed with this Act. He questioned the amount we proposed charging as being the fair market value and is aware of another city charging as much as twenty times more. He recommended this matter be tabled to allow us to educate ourselves on this Act. Mr. Guerra asked how the market value was determined/ and Mr. Taylor stated he and the Public Works Department negotiated this amount. Mr. Guerra recommended the City Manager and City Attorney be involved in these contracts. Mr. Gilley and Mr. Taylor are familiar with aspects of this Act. Mayor Moore stated we should position the City strategically. He suggested striking Section 5 and allowing the annual rate to be negotiated at the contract term to provide the City more latitude. Mr. Gilley stated he thinks the contract is sound and the fee in Section 5 be negotiated annually over the next five years. Mr. Hart stated he is willing to table this matter to