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HomeMy WebLinkAboutMIN 10.14.2008 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, Patty Eason, Bill Sattler, Dale Ross, Ben Oliver Council Absent,0 Pat Berryman, Keith Brainard, Gabe Sansing Staff Present. Paul Brandenburg, City Manager; Tom Yantis, Assistant City Manager; Jim Briggs, Assistant City Manager for Utility Operations; Patricia E. Carls, City Attorney; Sandra D. Lee, City Secretary; Micki Rundell, Director of Finance and Administration; Eric Lashley, Library Director; Rachel Osgood, Environmental Services Coordinator; Elizabeth Cook, Planning and Development Director; Glenn Dishong, Water Services Manager; Mark Miller, Transportation Services Manager; Jordan Maddox, Planner 111; Ed Polasek, Principal Planner; Keith Hutchinson, Public Information Officer Regular Session to convene and continue Executive Session, if necessary 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. A Sec.551.071: Consultation with Attorney 1. Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items 2. Legal issues related to the City of Georgetown's power supply contract with LCRA and potential litigation pertaining to same 3. City of Georgetown, Texas v. Georgetown Railroad Company, Inc ., et al.; Cause No. A08CA 453 SS; In the United States District Court for the Western District of Texas, Austin Division 4. Mark Shelton v. City of Georgetown, et al, Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division 5. Lear v. Jimmy Lewis Fennell and City of Georgetown , Cause No. A08-CA-719LY, in the United States District Court for the Western District of Texas Austin Division 6. First Citizens Bank & Trust Company v. City of Georgetown , Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas 7. Discussion of legal issues related to payment obligations for the Public Utility Improvements under the "Development Agreement with Forestville Associates, a Maryland General Partnership, regarding development of Wolf Ranch" dated September 11, 2003 8. Discussion of legal issues related to Development Agreement and Utility Agreement for the Water Oak Subdivision (ABG Subdivision) 9. Berry Creek Partners v. City of Georgetown , Cause No. 08-767-C277, in the District Court of Williamson County, 277th Judicial District B Sec 551.072: Deliberations about Real Property - Consideration regarding easements for certain public utility infrastructure improvements in connection with the Oak Tree Drive Bridge Construction Project -- Thomas R. Benz, Systems Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations - Review of funding options for the purchase of real property -- Micki Rundell, Director of Finance and Administration - Discussion and possible action regarding the purchase or exchange of real property for use as a Police and Municipal Court facility — Tom Yantis, Assistant City Manager Regular Session ® To begin no earlier than 06°00 P (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, City Council Meeting Minutes/October 28, 2008 Page 1 of 10 Pages Texas Government Code Chapter 551.) C Call to Order Mayor Garver called the meeting to order at 6:04 p.m. He noted that three councilmembers were not in attendance, and therefore Items S, T, V, and AA will be removed from this agenda and will be heard on October 23, 2008. He explaiined the procedure for speaking to the Council. D Pledge of Allegiance Mayor Garver led the Pledge. E Comments from the Mayor - Welcome and Meeting Procedures - Friends of Library Proclamation Mayor read the proclamation and presented it to Christi Adams, President of the Friends of the Library. F Action from Executive Session Motion by Sattler, second by Oliver that the City Council authorize settlement of the litigation with Georgetown Railroad Company Inc. by accepting the form of easement included in the Council's executive session packet and reviewed last night, payment to the Railroad of the amount previously authorized by City Council and accepted by the Railroad, and filing of a motion to dismiss the pending lawsuit. Approved 4-0. (Berryman, Sansing and Brainard absent) On a subiect that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. G Janet Christiansen of Pedernales Electric Cooperative (PEC) regarding update of PEC activities in the Georgetown area Joe Lockhart from PEC delivered the franchise check in the amount of $24,073.59 and noted that all eligible customers of PEC would receive a credit for the settlement of the lawsuit regarding capital credits. He noted other PEC activities. He said there will be a new PEC office in the Liberty Hill/Seward Junction area. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. H Consideration and possible action to approve the minutes of the Special Annexation Public Hearing on Friday, September 19; the City Council Workshop on Monday, September 22; and the City Council Meeting on Tuesday, September 23, 2008 -- Jessica Hamilton, Assistant City Secretary and Sandra D. Lee, City Secretary Sattler asked about an item approved in Executive Session on the September 23, 2008 Agenda. He asked if that item had ever been submitted to the Georgetown Trantsportation Enhancement Corporation (GTEC) Board. Yantis responded that it is posted on the agenda for the GTEC Meeting to be held tomorrow. Oliver asked that the wording on his motion on Item BB -3 on Page 7 of the Minutes of September 23, 2008 be changed from "can be recorded" to "will be recorded." Consideration and possible action to approve the award of the annual bid for concrete and grout toTransit Mix and Ironhorse Concrete in the estimated amount of $39,125.00 — Marsha Iwers, Purchasing Manager and Micki Rundell, Director of Finance and Administration J Consideration and possible action to award the bid for concrete poles to Border States Electric Supply, of Austin, Texas, in the amount of $ 33,785.28 -- Paul Elkins, Electric Operations Manager, Jim Briggs, Assistant City Manager for Utility Operations K Consideration of authorization for Paul Brandenburg, Georgetown City Manager, to sign a contract permitting the Georgetown Public Library to receive direct financial aid in the amount of $14,066.00 from the Texas State City Council Meeting Minutes/October 28, 2008 Page 2 of 10 Pages Library and Archives Commission — Eric Lashley, Library Director and Randy morrow, Director of Community Services L Consideration and possible action to authorize the Georgetown Public Library to pay $41,605.31 to Userfui Corporation for replacement hardware and software for 29 public access computers — Eric Lashley, Library Director and Randy Morrow, Director of Community Services M Consideration and possible action to approve the request from Microfusion Inc. for a 24 -month extension to the requirement to obtain a Building Permit within 12 months after the date of execution of the Airport Lease Agreement -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager Sattler asked why the building permit is being extended for 24 months. Joe Minarvic, Vice President of Microfusion, said his company has been at the Airport for about 10 years with two hangars. He said he no longer has the lease with the helicopter company, but has brought in and is housing five business jets; and intends to construct another hangar as soon as possible. He noted that the lease amount is continuously being paid to the City. N Consideration and possible action to authorize the Mayor to execute an Agreement with Johnny B. Gantt to acknowledge the terms of an Airport Lease Amendment approved by the City Council on August 27, 1985; signed copies of which have not been found. -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager O Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for the acquisition of utility right-of-way and easements for certain public utility infrastructure improvements in connection with the Oak Tree Drive Bridge Construction Project -- Thomas R. Benz, Systems Engineering Manager, and Jim Briggs, Assistant City Manager for Utility Operations P Consideration and possible action on a Preliminary Plat for 2.03 acres in the Foy Survey, to be known as the Sun City Second Fire Station, located on Pedernales Falls Drive — Jordan Maddox, Planner III and Elizabeth Cook, Planning and Development Director Q Consideration and possible action to support a resolution from the Austin -San Antonio Intermunicipal Commuter Rail District to request that the State Legislature and the Governor of Texas appropriate $200 million annually to the Texas Rail Relocation and Improvement Fund during the next regular and subsequent sessions of the Texas Legislature -- Patty Eason, Councilmember, District 1 R Consideration and possible action to approve a resolution to appoint three members, three alternates, and two developer representatives to the Georgetown Village Public Improvement District (PID) #1 Board of Directors -- Patricia E. Carls, City Attorney Motion by Eason, second by Oliver to approve the Consent Agenda with the minutes of September 23, 2008 approved as corrected. Approved 4-0. (Berryman, Sansing and Brainard absent) Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: S Consideration and possible action to approve the 2008-2009 City of Georgetown employee benefit incentives — Kevin Russell, Human Resources Director This item was pulled from this agenda and will be brought back to Council on the October 28, 2008 Agenda. T Consideration and possible action to authorize the City to enter into the 2008-2009 City of Georgetown employee benefit contracts -- Kevin Russell, Human Resources Director This item was pulled from this agenda and will be brought back to Council on the October 28, 2008 Agenda. U Consideration and possible action authorizing library staff to purchase books from Ingram, Inc. in an amount not to exceed $130,000 for fiscal year 2008-09 — Eric Lashley, Library Director and Randy Morrow, Director of Community Services Lashley explained the item, saying the Library receives substantial discounts from Ingram and free shipping. Motion by Oliver, second by Eason to approve the purchase. Approved 4-0. (Berryman, Sansing and Brainard absent) V Consideration and possible direction related to changes to the solid waste route collection schedules in order City Council Meeting Minutes/October 28, 2008 Page 3 of 10 Pages to improve route efficiencies reduce labor, equipment, and fuel costs -- Rachci'Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager This item was pulled from this agenda and will be brought back to Council on the October 28, 2008 Agenda. W Consideration and possible action for approval of a contract with Convergint Technologies to furnish the security cameras and door access system for the new Recreation Center in the amount of $56,994.86 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration Rundell explained the item, describing the system to be furnished. Motion by Eason, second by Sattler to approve route put the contract. of the City where people Approved 4-0. (Berryman, Sansing and Brainard absent) X Consideration and possible action to enter into a Professional Services Agreement with Klotz and Associates for services related to the engineering review of Traffic Impact Analyses required for new developments -- Elizabeth Cook, Director of Planning and Development Cook explained the item and noted that the analyses are developer driven, saying the City pays for the analysis and then is reimbursed by the developer. Motion by Ross, second by Saltier to approve. Approved 4-0. (Berryman, Sansing and Brainard absent) Y Consideration and possible action to approve a contract with the CH2M HILL OMI (OMI) for the management, operation, and maintenance of the City's water treatment plants for a period starting October 1, 2008 through September 30, 2013 with the first year operating budget of $1,488,954.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying Council had approved this contract at the September 23 Meeting, but it was still in draft form; so this contract is the marked -up version to show the changes, primarily grammatical, but also removing the Berry Creek plant from the contract, so there is a reduction in the contract by about $5,000. Motion by Oliver, second by Eason to approve the contract. Oliver asked and Dishong explained that the plant is currently off-line, and explained that the contract would come back to Council at a later time. Vote on the motion: Approved 4-0. (Berryman, Sansing and Brainard absent) Z Consideration and possible action to approve a contract with the Brazos River Authority (BRA) for the management, operation, and maintenance of the City's wastewater treatment plants for a period starting October 1, 2008 through September 30, 2013 with the first year operating budget of $1,411,514.00 -- Glenn Dishong, Water Services Director and Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, saying Council had approved this contract at the September 23 Meeting, but it was still in draft form; so this contract is the marked -up version to show the changes, primarily formatting, legal technology and wording, and insurance specifications, with no change in cost. Motion by Oliver, second by Eason to approve the contract. Approved 4-0. (Berryman, Sansing and Brainard absent) AA Consideration and possible action on piacment of sculptures and artwork on the downtown square -- Paul E. Brandenburg, City Manager This item was pulled from this agenda and will be brought back to Council on the October 28, 2008 Agenda. BB Discussion and possible action to approve a trial period to evaluate the viability of a transit (bus) system in Georgetown -- Bill Saltier, Councilmember District 4 Sattler said he put this item on the agenda because he thinks it's time to quit studying and start looking at the reality of a transit system. He said if this is to be done, there needs to be numbers and data to see if it should be a reality. He said $75,000 is scheduled in this budget, so he asked that the task force that did the study work together with CARTS to see if there is viability. He said he thinks it needs to be determined before May/June of next year when the next year's budget is put together. Speaker, Billie Reaney, said she lives in Sun City and expressed that the "older" folks living in Sun City need transportation. She said she thinks there will be a stimulus package coming from the Federal Government for employment involving transit systems. She suggested that the City get ready to participate. Speaker, Larkin Tom, said she supports the idea of a transit system. She said she would like to see a viable route put together in areas of the City where people are more likely to participate Speaker, Sherry Dana, said she supports the idea of a transit system, but wants to make sure there is equal access to all members of the community. She said some people lack access to needed facilities Speaker, Richard Anderson, said he agrees with the prior speakers; and said he served on the Task Force and City Council Meeting Minutes/October 28, 2008 Page 4 of 10 Pages thinks a bus running to the university would be a good idea. He said in 1998 dnd `99 the Chamber had a transportation study committee who was looking into a bus system and SH130. He said he was shocked that SH130 became a reality before the bus system. Speaker, Bob Mathis, said he supports a system where it is most needed. Sattler said if he were in charge he would start with one bus and have it run different routes, but he thinks that staff, CARTS, and a task force should make those decisions. He said if only one bus could be used, then run it to Sun City for two or three months because they can get the communication out, they would have a pick-up site, and it would bring people downtown. He said it could then be switched to run to and from Southwestern, and then switched again to run between the boys and girls club and the recreation center. He said he wants to find a real live determination of how many people would pay $1 to take a trip where they need to go and find out the other areas they need to go to, such as Wolf Ranch Shopping Center, the Social Security Office, etc. Motion by Sattler, second by Eason to direct staff to put together a group that consists of the Task Force who has previous knowledge, CARTS who has the buses, and staff; within the next 30 days to get an idea of where the buses can go. He said he would love to see the buses come downtown during Christmas. Eason to friendly amend that the $75,000, instead of being used for a consultant, be used for a bus service that would be studied to find out the best way to use that service. Oliver suggested care in evaluating the results because it takes 12 to 18 months to establish ridership. He said two or three months will not produce hard data on info that will be needed. He also suggested spending the $75,000 on the routes instead of on a study. Mayor Garver asked Brandenburg to summarize staffs responsibility. Brandenburg said staff will work with CARTS, saying there probably will be one bus; then work with the Task Force and CARTS to develop a route; and then bring it back to Council at the first meeting in November. Vote on the motion as friendly amended: Approved 4-0. (Berryman, Sansing, and Brainard absent) CC Second Readings 1. Second Reading of an ordinance zoning for traffic and rate of speed on Northeast Inner Loop inside the city Limits, defining speeding, fixing a penalty, and declaring what may be a sufficient complaint in prosectuions – Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the ordinance on second reading and explained the ordinance. Motion by Oliver, second by Ross to approve Ordinance 2008-57. Approved 4-0. (Berryman, Sansing, and Brainard absent) 2. Second Reading of an ordinance amending Section 13.04.180 of the City Code of Ordinances relating to "Rates and Charges—Solid Waste Disposal—Schedule;" to include provisions for a fuel cost adjustment – Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager for Utility Operations Osgood explained the ordinance, saying it is a pass-through cost that will be added to the utility bills on December 1, 2008. Mayor asked how the unexpected decrease in the cost of fuel would be dealt with in figuring the cost. Osgood said that would be factored into the adjustment. There were further questions from the Council. Briggs said the average price for fuel during the twelve months of that particular operating contract would be calculated, then there would be an audit in October and November to determine the actual miles driven and the actual cost paid for fuel during that period. Sattler asked Briggs to predict the amount of the increase on the utility bill. Briggs estimated the increase would be $0.75 to $1.00 per month, saying a credit would be deducted from the bill depending on the fluctuation in the fuel cost. Osgood read only the caption of the ordinance on second reading. Motion by Ross, second by Oliver to approve Ordinance 2008-58. Approved 4-0. (Berryman, Sansing, and Brainard absent) 3. Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to PUD, Planned Unit Development District with a CN, Neighborhood Commercial Base District, for 2.03 acres in the Foy Survey, to be known as the Sun City Second Fire Station and the Sun City Temporary Construction Facility, located on Pedernales Falls Drive -- Jordan Maddox, Planner III and Elizabeth Cook, Director of Planning and Development Maddox explained the item and read only the caption of the ordinance on second reading. Motion by Ross, second by Oliver to approve Ordinance 2008-59. Approved 4-0. (Berryman, Sansing, and Brainard absent) 6:59 p.m. -- temporary recess 7:00 p.m. -- resumed 4. Second Reading of an Ordinance on a Rezoning from AG, Agriculture District to RS, Residential Single -Family District for 277.245 acres in the Foy Survey, to be known as Sun City Cowan Creek Golf Course, located at various locations in the northwest portion of Sun City -- Jordan Maddox, Planner III and City Council Meeting Minutes/October 28, 2008 Page 5 of 10 Pages Elizabeth Cook, Director of Planning and Development Maddox read only the caption of the ordinance on second reading. Motion by Oliver, second by Sattler to approve Ordinance 2008-60. Approved 4-0. (Berryman, Sansing, and Brainard absent) DD Public Hearings/First Readings 1. First Reading of an ordinance amending Section 10.12.090(E.) of the Code of Ordinances establishing a 45 -mph speed zone on Berry Creek Drive from Airport Road to State Highway 195 — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained the ordinance. Motion by Ross, second by Oliver to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 2. First reading of an ordinance amending Title 14 of the Code of Ordinances relating to franchises, repealing expired provisions of Chapter 14.20; adopting a new Chapter 14.20 to establish a new franchise agreement between the City of Georgetown and the Pedernales Electric Cooperative, Inc. (PEC) for the provision of electrical service within a portion of the City for a period of ten years, and that the City shall receive a quarterly franchise fee for such use; providing for indemnification of the City; and requiring newspaper publication of the full text of this ordinance in accordance with Section 8.03 of the City Charter -- Jim Briggs, Assistant City Manager for Utility Operations and Patricia E. Carls, City Attorney Briggs read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. He explained that PEG serves a portion of the City to the west and a portion to the north within the city limits. Mayor asked and Briggs explained there are approximately 18,000 customers of the City electric service inside the city limits. He said there are 750-800 customers on PEC inside the City, and Oncor serves 350-500 customers inside the City. He said PEC will continue to grow as the City grows to the west. Mayor asked and Briggs said there is one area that is being negotiated for "swapping." Motion by Oliver, second by Sattler to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 3. First Reading of an ordinance amending Ordinance 2007-91 regarding the Rivery Park Tax Increment Reinvestment Zone (TIRZ); amending the membership of the Board of Directors and the percentage of the tax increment dedicated to the Tax Increment Fund by Williamson County -- Tom Yantis, Assistant City Manager Yantis read only the caption of the ordinance after having satisfied the requirements of the City Charter. He said this is a clean up item. Motion by Ross, second by Sattler to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) Mayor asked and Yantis said at the next meeting Council will be asked to appoint the members of the board. 4. Public Hearing and First Reading of an Ordinance on a Rezoning to amend the Development Plan for the Estrella Mixed Use Planned Unit Development (PUD) with a Base District of C-1, Local Commercial, located at 4909 Williams Drive, near the corner of Estrella Crossing and Williams Drive -- Carla Benton, Planner 11 and Elizabeth Cook, Director of Planning and Development Benton said the intent of the revised plan is to provide for flexibility and maintain pedestrian orientation. She said it pre -dates the heritage tree ordinance, but the development has been able to preserve over 400 trees on the site due to the unique design of the building and putting the parking away from the front of the building except for convalescent care parking. Benton explained the specifics of the amendment to the plan. She said the Planning and Zoning Commission recommended approval. She read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. The Public Hearing was opened at 7:16 p.m. There were no comments. The Public Hearing was closed at 7:16 p.m. Motion by Ross, second by Oliver to approve the ordinance on first reading. There were questions and comments from the Council. Vote on the motion: Approved 4-0. (Berryman, Sansing, and Brainard absent) 5. First Reading of an Ordinance Annexing into the City approximately 18.9 acres in the Wm. Addison Survey and W. Stubblefield Survey for SH 29 ROW, extending from Reinhardt Boulevard for approximately 7,900 feet east to CR 104, referred to as 2008 Annexation Area NE1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek said there are now 20 areas to be annexed because six areas were removed by the Council during Public Hearing process. He explained the annexation process, saying the second reading will be City Council Meeting Minutes/October 28, 2008 Page 6 of 10 Pages postponed to December 9, to allow review of development agreements. vith an overhead display, Polasek indicated the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Oliver, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 6. First Reading of an Ordinance Annexing into the City approximately 190.1 acres of land out of the 1. Jones Survey and J. Fish Survey, north and east of Lake Georgetown, located west of the Woodlake and Olde Oak subdivisions and south of the Casa Loma Subdivision, referred to as 2008 Annexation Area NW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek told Council all four portions in this area have agricultural exemptions, and there has been no contact, but they have until October 31. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Oliver, second by Ross to approve the annexation if letters are not received requesting agricultural exemptions. Approved 4-0. (Berryman, Sansing, and Brainard absent) 7. First Reading of an Ordinance Annexing into the City a single land parcel in Wm. Roberts Survey totaling approximately 5.5 acres, located west of Airport Road, and south and east of Berry Creek Section 3; and including approximately 1.9 acres of ROW for Airport Road, referred to as 2008 Annexation Area NW4 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 8. First Reading of an Ordinance Annexing into the City approximately 8.2 acres of land out of the N. Porter Survey, located north and east of Northwest Boulevard, south of Reata East Block C and Golden Oaks Subdivision, and west of Northwood Drive, referred to as 2008 Annexation Area NW5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained if the property owner's letter from former City Manager Bob Hart is approved, there will be no annexation of this area. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 9. First Reading of an Ordinance Annexing into the City approximately 166.4 acres of land out of the J.P. Pulsifer Survey, located west of Wolf Ranch Parkway, north of Memorial Drive, east of River Chase Subdivision, and south of the current city limits and Middle Fork of the San Gabriel River, referred to as 2008 Annexation Area NW6 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained both parcels have agricultural exemptions, and he is waiting to hear back from the property owners. He displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 10. First Reading of an Ordinance Annexing into the City approximately 112.8 acres of land out of the J.P. Pulsifer Survey and C. Stubblefield Survey, located east of Wolf Ranch Parkway, north of Memorial Drive, and west of the River Hills Subdivision, referred to as 2008 Annexation Area NW7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained both parcels have agricultural exemptions. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Oliver, second by Eason to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 11. First Reading of an Ordinance Annexing into the City approximately 18.4 acres of land out of the N. Porter Survey and D. Wright Survey, located south, east and west of the current city limits, and north of River Bend Drive, referred to as 2008 Annexation Area NW8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) City Council Meeting Minutes/October 28, 2008 Page 7 of 10 Pages 12. First Reading of an Oramance Annexing into the City a single land parcel, located west of Wolf Ranch Parkway, south of Memorial Drive, and east and north of the current city limits, totaling approximately 0.07 acres in the J. P. Pulsifer Survey, referred to as 2008 Annexation Area NW9 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Oliver to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 13. First Reading of an Ordinance Annexing into the City approximately 7.3 acres of land out of the J. P. Pulsifer Survey, C. Stubblefield Survey and the remaining portion of the Good Luck Subdivision, located south of Memorial Drive and east and west of Simon Road; and including approximately 0.4 acres or ROW for Simon Road north of the current city limits and south of Memorial Drive, referred to as 2008 Annexation Area NW10 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 14. First Reading of an Ordinance Annexing into the City the remaining portion of single parcel of land in the J. P. Pulsifer Survey, located west of River Chase Boulevard, north of the current city limits, and south of River Chase Subdivision; and including approximately 0.3 acres of ROW of River Chase Parkway, extending from the current city limits north to Memorial Drive, referred to as 2008 Annexation NW11 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 15. First Reading of an Ordinance Annexing into the City approximately 2.4 acres in the J. Berry Survey for SH 195 ROW, extending from Berry Creek Drive north and west for approximately 650 feet, referred to as 2008 Annexation Area NW13 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 16. First Reading of an Ordinance Annexing into the City the remaining portion of a single parcel of land identified as Heritage Oaks Section 1, Block 2; and including approximately 9.8 acres of ROW for Shell Road and Wildwood Drive, buffered by the current city limits, referred to as 2008 Annexation Area NW15 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 17. First Reading of an Ordinance Annexing into the City approximately 30.3 acres of land out of the L.J. Dyches Survey, located north of the SE Inner Loop, west of FM 1460, and south of Inner Loop Commercial Park and Rabbit Hollow Subdivision; and including approximately 0.2 acres of ROW for Snead Drive from the SE Inner Loop north approximately 155 feet, referred to as 2008 Annexation Area SE2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained that areas SE1 and SE3 were removed at the last council meeting. He displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 18. First Reading of an Ordinance Annexing into the City approximately 69.1 acres of land out of the F.A. Hudson Survey and L.J. Dyches Survey, including the remaining portions of the B and T Subdivision and Georgetown Technology Park Subdivision, located east of the current city limits, west of CR 116, and north of the W.D. Kelly Foundation Subdivision; and including approximately 5.1 acres of ROW for the remaining portions of Sierra Way and Courtney Drive, and 3,100 feet of CR 116 ROW south from the current city limits, referred to as 2008 Annexation Area SE4 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development City Council Meeting Minutes/October 28, 2008 Page 8 of 10 Pages Polasek said one property in SE4 has an agricultural exemption and staff has been in contact with the property owner, saying they are talking with Trish about proposed modifications to the agreement. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 19. First Reading of an Ordinance Annexing into the City approximately 47.25 acres of land out of the Wm. Addison Survey, located west CR 110, north of SE Inner Loop, and south and east of the current city limits along the Quail Valley Subdivision; and including approximately 4.1 acres of ROW for CR 110 from Quail Valley Dr. to SE Inner Loop, referred to as 2008 Annexation Area SE5 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek told Council one parcel has an agricultural exemption and the development agreement will be on the next council agenda. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 20. First Reading of an Ordinance Annexing into the City the remaining portion of a single parcel of land in the Wm. Addison Survey, located east of SE Inner Loop and north of Carlson Cove., referred to as 2008 Annexation Area SE6 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 21. First Reading of an Ordinance Annexing into the City approximately 215.5 acres of land in the Wm. Addison Survey, located east CR 110, north and west of SE Inner Loop, and south of the current city limits along the Raintree Subdivision and University Park Subdivision boundaries, referred to as 2008 Annexation Area SE7 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek told Council five pieces of property have agricultural exemptions and three of those will sign development agreements. He said that would leave one parcel of County property, and the City won't annex the one little "out" parcel. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 22. First Reading of an Ordinance Annexing into the City the remaining portion of several parcels of land in the Wm. Addison Survey surrounded by the current city limits, located east Smith Branch creek, north of University Park Subdivision, west of Summercrest Subdivision, and south of SH 29 East, referred to as 2008 Annexation Area SE8 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek said he had heard from the property owner that he wasn't able to attend the hearings. He said he is opposed to annexation, so Polasek asked him to write a letter to Council. He said if he receives the letter, he will bring it to Council at the second and final reading. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 23. First Reading of an Ordinance Annexing into the City approximately 955.3 acres of land out of the I. Donagan Survey, C Stubblefield Survey, J. Thompson Survey and remaining portion of the Church of Christ Subdivision, located north of the current city limits along the South Fork San Gabriel River, east of the Shadow Canyon Subdivision, south of SH 29 West, Legend Oaks Subdivision, First Baptist Church Subdivision, and Legend Oaks Subdivision, and west of the Wolf Ranch Subdivision; and including approximately 24.8 acres of ROW for SH 29 West extending from the current city limits west to the western limits of the Shadow Canyon Subdivision, and D.B. Wood Road from the current city limits south to the termination of the roadway, referred to as 2008 Annexation Area SWI -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek told Council eight parcels have agricultural exemption and staff is waiting to hear back. Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after City Council Meeting Minutes/October 28, 2008 Page 9 of 10 Pages having satisfied the requirements of the City Charter. Motion by Eason, bocond by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) 24. First Reading of an Ordinance Annexing into the City approximately 4.6 acres of land out of the D. Wright Survey and J. Pulsifer Survey including approximately 1,300 feet of the North Fork San Gabriel River, located east of the Oakcrest Estates Riverside Unit Subdivision, north of the Georgetown Country Club, west of Country Club Acres Unit 4 Subdivision; and including approximately 0.5 acres of ROW for Spring Valley Road from the current city limits west for approximately 400 feet, referred to as 2008 Annexation Area SW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek displayed an overhead showing the property to be annexed and read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve the ordinance on first reading. Approved 4-0. (Berryman, Sansing, and Brainard absent) The meeting was adjourned at 07:44 PM. Apprc bd : ayor Gay Nelon City Council Meeting Minutes/October 28, 2008 Page 10 of 10 Pages City Secretary Sandra Lee