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HomeMy WebLinkAboutMIN 09.23.2008 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Council Absent. Patty Eason, Gabe Sansing, Keith Brainard, Bill !, All Council present Sattler, Pat Berryman, Dale Ross, Ben Oliver MMIF0277=7 i 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; Glenn Dishong, Water Services Director; Rachel Osgood, Environmental Services; Clay Shell, Assistant Fire Chief; Don Jansen, Fire Inspector; Travis McLain, Airport Manager; Tom Benz, Systems Engineering Manager; Bili Dryden, Transportation Engineer; Robbie Wyler, Historic District Planner; Executive Session 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 - 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 - Discussion related to the City of Georgetown' s power supply contract with LCRA - Georgetown Village PID discussion of status and legal issues related to same. - Development Agreement with San Gabriel Partners, Ltd. regarding the development of the River Place Project. - City of Georgetown, Texas v. Georgetown Railroad Company, Inc., et al.; Civil Action No. A08CA 453 SS; In the United States District Court for the Western District of Texas, Austin Division - MarkShelton v. City of Georgetown, et al; Cause No. A07CA063; in the United States District Court for the Western District of Texas, Austin Division - Pending, threatened, and contemplated litigation arising from incident in October 2007 involving former police officer Fennell - First Citizens Bank & Trust Company v. City of Georgetown, Cause No. D -1 -GN -08-02325, 53rd Judicial District, Travis County, Texas - Potential litigation regarding LCRA Wholesale Power Agreement - 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 - Discussion of legal issues related to the ABG Development Agreement - 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 and possible action regarding purchase of property in the Williams Drive Gateway for future right-of-way. - Purchase options for Gateway. C Sec.551.086: Competitive Matters - Discussion related to the City of Georgetown Power Supply Regular Session = To begin no earlier than 04:00 PM (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, Texas Government Code Chapter 551.) City Council Meeting Minutes/September 23, 2008 Page 1 of 14 Pages D Cali to Order Mayor Garver called the meeting to order at 4:06 p.m. Rusmog I IRTZ31 a -• 0 4 a 531 rd -••- F Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver explained that a break would be taken at 5:45 p.m. and after the break, the annexation items would be heard, then the regular items would be completed. He gave a brief outline of meeting procedures regarding addressing the Council. G Announcements and Comments from City Manager Brandenburg made the following announcements: Two bond propositions will be on the November 4 ballot for City of Georgetown voters. In August, the City Council voted to put these two items on the ballot: Proposition 1 is for authorization to issue $46 million in bonds for street and road projects and Proposition 2 is for authorization to issue $35 million in bonds for parks and recreation projects. If you plan to vote in the November 4 election, you must be a registered voter. The deadline for voter registration is Monday, October 6. (if you have a valid voter registration card, you do not need to re -register.) Please visit our website at www.georgetown.org for information regarding voter registration. The 3rd Annual Up the Chisholm Trail Event and Chuckwagaon Cook -Off will be held this Saturday, September 26 and 27° in San Gabriel Park. Please contact 943-1670 or visit the event website at www.ul)thechishoimtraii.org for specific details regarding the event. H Action from Executive Session 1. Motion by Berryman, second by Sansing that the City Council authorize Mark Dietz to send the correspondence to Simon regarding payment for the utility line that was prepared by him and reviewed by the City Council in executive session last night. Approved 7-0 2. Motion by Berryman, second by Sansing that the City Council authorize Kent Sick to make an offer to Georgetown Railroad in an amount not to exceed the amount authorized in executive session last night for acquisition of a tunnel easement and full settlement of the pending lawsuit. Approved 7-0 3. Motion by Berryman, second by Oliver that the City Council authorize the Assistant City Manager and the Finance Director to continue to explore funding options for the acquisition of property in the Williams Drive Gateway using a combination of Certificates of Obligation and funds from the City's 4A and 4B corporations, and to report back to the City Council on those matters in October or as soon thereafter as possible. Approved 7-0 4. Motion by Berryman, second by Sansing that the City Manager be directed to seek GTEC approval for the expenditure of GTEC funds to purchase property located at 1608 Park Lane for future right-of-way purposes in the Williams Drive Gateway Redevelopment Area. Approved 7-0 5. Motion by Berryman, second by Eason that the City Council authorize the Assistant City Manager -Utilities to work with the firm of Clark, Thomas & Winters on a formal response to LCRA regarding the City's wholesale power agreement, with the letter to be consistent with the direction given in Executive Session and to be delivered to LCRA no later than December 1, 2008. Approved 7-0 6. Motion by Berryman, second by Sansing that the City Council authorize the Assistant City Manager -Utilities to begin the evaluation and potential acquisition of energy resources as described in Council Workshop and Executive Session and not inconsistent with the recommendations of the GUS Advisory Board. Approved 7-0 • • • • urrTINTOW On a subject 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. As of the deadline, there were no persons who requested to address the Council on items other than already posted on the Agenda. Statutory Consent Agenda City Council Meeting Minutes/September 23, 2008 Page 2 of 14 Pages The Statutory Consent Agenaa'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. Consideration and possible action to approve the minutes of the City Council Workshop on Monday, September 8 and the City Council Meeting on Tuesday, September 9; and correction to the Minutes of July 22, 2008 -- Sandra D. Lee, City Secretary Brainard asked that the minutes for Item J of the Council Meeting on September 9, 2008 be revised to read: Motion by Brainard, second by Sansing to authorize the letter of interest with the stipulation that staff assess the cost and feasibility of complying with the city's tree mitigation ordinance that is applicable in other areas of the city. Approved 7-0. J Consideration and possible action to approve a resolution approving the 2008/09 Budget and related Property Tax Assessment for the Georgetown iVillage Public Improvement District #1 -- Micki Rundell, Director of Finance and Administration K Consideration and possible action to approve an Airport Ground Lease to Chartwell Properties, LP for the construction of aircraft storage hangars at 300 Service Drive -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager L Consideration and possible action to approve the request from Johnny B. Gantt to lease an additional 8400 square feet of airport property adjacent to and on the east side of his current lease -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager M Consideration and possible action to renew the existing household hazardous waste and a -waste contract between the City of Georgetown and PA-jer Company dba Williamson County Recycle Center of Georgetown, Texas for the proper disposal of residential utility customers' household hazardous wastes and / or e -wastes -- Rachel V. Osgood, Environmental Services and Jim Briggs, Assistant City Manager for Utility Operations N Consideration and possible action to direct staff to accept the Solid Waste Grants award in the amount of $25,117.88 from the Capital Area Council of Governments (CAPCOG) to purchase recycling containers, fund collection services at City facilities and at City -sponsored special events, and the means to promote these programs through public outreach and education -- Rachel Osgood, Environmental Services Coordinator and Jim Briggs, Assistant City Manager for Utility Operations O Consideration and possible action regarding a Leasehold Deed of Trust, Landlord's Consent, and Memorandum of Lease relating to the CARTS use of the City's Park -n -Ride Site located at 3620 South Austin Avenue and the satisfaction of CARTS' Texas Department of Transportation's grant requirements -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development P Consideration and possible action to approve a resolution amending Resolution 063008-A regarding economic development incentives for the Summit at Rivery Park -- Tom Yantis, Assistant City Manager Motion by Sansing, second by Oliver to approve the Consent Agenda with the correction to the minutes of Item J on September 9, 2008. Approved 7-0. Legislature Regular Agenda Council will individually consider and possibly take action on any or all of the following items: Q Consideration of approval of a resolution authorizing a funding agreement between the City of Georgetown and the Williamson County and Cities Health District for this agency to continue to provide services for the citizens of Georgetown — Paul E. Brandenburg, City Manager Brandenburg explained the item, saying there is no change from the previous year. He said Liberty Hill and Hutto now have joined the Health District, so the pro -rata price is less. Motion by Oliver, second by Berryman to approve the funding agreement. Approved 7-0. R Consideration of approval of a resolution authorizing social service funding agreements between the City of Georgetown and Assistance League of Georgetown Area, Bluebonnet Trails Community MHMR Center -PRIDE Early Childhood Intervention, Capital Area Rural Transportation System, Faith In Action Caregivers - Georgetown, Family Eldercare, Inc., Georgetown Community Service Center dba The Caring Place; Georgetown Project, Habitat for Humanity for Greater Georgetown, TX, Literacy Council of Williamson County, Lone Star Circle of Care, Senior Center at Stonehaven, Williamson -Burnet County Opportunities Inc., and Williamson County Crisis Center, and for these agencies and organizations to continue to provide services for the citizens of Georgetown — Paul E. Brandenburg, City Manager City Council Meeting Minutes/September 23, 2008 Page 3 of 14 Pages Brandenburg explained the item and noted that the cover sheet contains the amounts funded for each entity as approved by the Council at the last meeting. Motion by Berryman, second by Sansing to approve the resolution. Brainard noted that $5,000 for the Crisis Center is a challenge amount, and Brandenburg confirmed inclusion of that stipulation in the contract. Vote on the motion: Approved 7-0. S Consideration of approval of a resolution authorizing Children's and Youth Program Funding Agreements between the City of Georgetown and the Boys and Girls Club of Central Texas, the Georgetown Cultural Citizens Memorial Association, the Georgetown Partners in Education, the Georgetown Project; Georgetown Palace Theatre, the Getsemani Community Center and the Exceptional Georgetown Alliance, and for these agencies and organizations to provide services for the citizens of Georgetown — Paul E. Brandenburg, City Manager Brandenburg explained the item. Motion by Berryman, second by Brainard to approve the funding agreements. Approved 7-0. T Consideration and possible action to appoint a Council subcommittee to review all of the current Social Service Funding Guidelines -- Mayor George Garver Gamer explained the item and noted that Council would like to have the criteria reviewed and recommendations brought back to Council for next budget year. He recommended that Oliver, Brainard, and Ross continue as the Subcommittee, with Oliver as chair. Motion by Sansing, second by Berryman to approve the subcommittee of Oliver, Ross and Brainard, with Oliver as chair. Approved 7-0. U Discussion and possible direction to staff regarding funding options for public improvements associated with the proposed River Place project — Tom Yantis, Assistant City Manager This item was removed from this agenda. V Discussion and possible direction to staff regarding possible incentives for building owners around the Square who install fire sprinkler systems in their buildings -- Tom Yantis, Assistant City Manager Yantis explained the item and introduced Fire Inspector Don Jansen who told Council he will give a seminar to building owners regarding this issue, and reminded Council they had previously approved the enlarged piping to provide for fire protection on the square. Yantis noted several options described in the agenda item cover sheet. He asked Council to indicate if they are in favor of providing these incentives. Jansen noted in the past 86 days there have been five devestating fires in downtown districts of cities of Texas, and there have been two "saves" because of fire sprinkler systems. He reminded Council of a recent fire in downtown Georgetown. He said he is suggesting self -conducted fire inspections and participant stickers for the building owners. Oliver confirmed that a sprinkler system will give the building owners credit toward their insurance premiums. Motion by Oliver, second by Eason to direct staff to further develop an incentive program for building owners on the square. Jansen noted most of the buildings do not currently have sprinkler systems. There was discussion regarding cost. Sansing asked and Jansen noted that the program will begin with a nine -block downtown district consisting of the square and the courthouse. Tom Benz noted city staff is investigating the water pressure needs for adequate fireflow. Vote on the motion: Approved 7-0. W Discussion and possible action regarding contract for Municipal Court prosecutor services -- Patricia E. Carls, City Attorney Carls explained this is the annual contract for Lucas Wilson who has been the municipal court prosecutor for the last eight years. She said he is requesting $25 additional per hour. Motion by Sansing, second by Ross to approve. Brainard asked if this service could be bid, and Carls said it is a professional service so it could be put out as a request for qualifications. Brainard asked if the City could designate a pool of local lawyers to provide prosecutor service. Carls said at this time her office backs up Wilson. Motion by Brainard, second by Berryman to friendly amend that at the end of this year's contract the City do a request for qualifications. Sansing and Ross accepted the motion as friendly. Oliver asked and Carls explained that in negotiations for a request for qualifications, price is not a priority consideration. Vote on the motion as friendly amended: Approved 7-0. X Consideration and possible action to approve a Master Services Agreement with Terracon Consultants, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P. E., System Engineering Manager and Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item, saying task orders over $15,000 would be brought back to Council for approval, as needed. Sansing asked if more city personnel should be added instead of hiring outside consultants. Benz replied that this is a company with expertise in the geo-technical field. Brandenburg said this augments what City Council Meeting Minutes/September 23, 2008 Page 4 of 14 Pages staff already does for these projects. Motion by Berryman, second by Brainaru to approve the Master Services Agreement. Approved 7-0. Y Forwarded from the Georgetown Utility Systems (GUS) Board 1. Consideration and possible action to approve a Fiber Optic Line Extension and Maintenance Labor Agreement between the City of Georgetown and JC Communications, of Cedar Park, Texas, to provide labor only installation services for the Fiber Optic Network in an amount not to exceed $300,000.00 -- Ken Arnold, Energy Services Director, Jim Briggs, Assistant City Manager for Utility Operations Mayor commended the work of the GUS Board. Arnold said a request for proposal was issued to replace an existing expired contract. Motion by Berryman, second by Oliver to approve the agreement. There were questions and comments. Vote on the motion: Approved 6-0. (Sansing absent from the dais) 2. Consideration and possible action to approve a Master Services Agreement with Camp, Dresser, & McKee, Inc., of Austin, Texas, for professional engineering services -- Thomas R. Benz, P. E., System Engineering Manager, Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item saying any tasks over $15,000 would be brought back to Council for approval. Motion by Brainard, second by Ross to approve the Master Services Agreement. Sansing said he would vote against this item because he doesn't want the City to always hire CDM. Friendly amendment by Sansing to go out for requests for qualifications next year. Brainard and Ross accepted the friendly amendment. Vote on the motion as friendly amended: Approved 7-0. 3. Consideration and possible action to approve Task Order No. CDM -001 with Camp Dresser & McKee, Inc. (CDM), of Austin, Texas, for professional services related to the 2006 Annexation Water and Wastewater Improvements for $488,900.00.00 -- Thomas R. Benz, P. E., System Engineering Manager, Jim Briggs, Assistant City Manager for Utility Operations Benz explained the item and noted that the actual design of the projects will be done by other firms, but CDM will do the overall management. Motion by Oliver, second by Brainard to approve the Task Order. Approved 6-1. (Sansing opposed) 4. Consideration and possible action to approve payment to Smith Pump Company, Inc. of Waco, Texas, in an amount not to exceed $65,000.00 for fiscal year 2007-2008 for pumps, repair services, and parts necessary for recent repairs -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong explained that the recent failure of Well 8 pump and two high -surface distribution pumps at the lake plant are what has created the need for this item. Dishong said staff normally expects to spend less than $25,000 per year to repair pumps, but Well 8 failed in August, and the repair cost was around $20,000; and the near immediate failure at the Lake Plant Distribution System at $10,000 each exceeded the annual funding. He said Smith Pump was called in to do those repairs due to their ability to respond quickly. Motion by Berryman, second by Sansing to approve the payment to Smith Pump. Sansing said the Lake Water Plant does not have proper pumps. He encouraged the water/wastewater department to make sure the engineers hired by the City design the correct pumps. He said that's why he thinks "fresh eyes" need to be involved instead of the same engineering firm for the last eight years. Dishong said the failure of these pumps had nothing to do with the design of the pumps. There was further discussion regarding the reliability of the pumps and utilizing other equipment vendors and repair companies. Vote on the motion: Approved 7-0. 5. Consideration and possible action to reconcile the contract between the City and Operations Management International (OMI) for the management, operation, and maintenance of water treatment facilities for fiscal year 2007-2008 for $63,093.00 -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item and noted that the current contract ends September 30, but the current contract was for less volume than what was needed by the City due to the drought; so, this item is to "true -up" the extra funds needed to pay for the extra cost of chemicals to treat the extra water. Motion by Berryman, second by Sansing to approve the reconciliation. Approved 7-0, 6. Consideration and possible action to enter into 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 $1,493,989.00 -- Glenn Dishong, Water Services Director, Jim Briggs, Assistant City Manager for Utility Operations Dishong explained the item, noting this is the first contract under the new request for proposal process approved by Council last year. He said this contract is very similar to the previous one, but explained there City Council Meeting Minutes/September 23, 2008 Page 5 of 14 Pages is a performance-basea element in the contract regarding the dosing of cnemicals. Motion by Sansing, second by Berryman to approve the contract. There was discussion regarding anticipated conservation measures. Brainard confirmed that the City has been outsourcing the management, operation, and maintenance of the City's water treatment plants for the last 15 years. Vote on the motion: Approved 7-0. Dishong reminded Council that the contract provided in the packet is still a draft. Carls explained the contract provided in the packet is a draft because of the timing of the council meeting and the date the contract expires. It was emphasized that the cost will not change. 7. Consideration and possible action to enter into 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, Jim Briggs, Assistant City Manager for Utility Operations Motion by Berryman, second by Sansing to approve this contract with BRA. Sattler expressed concern about voting for a "draft." Brandenburg suggested that the "old" contract be extended for 15 days and bring back the final draft to the Council at the next meeting. Vote on the motion: Approved 6-1. (Sattler opposed) Z Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC) Board 1. Consideration and possible recommendation to approve a Master Services Agreement with HDR Engineering, Inc., of Austin, for professional engineering services -- Bill Dryden, Transportation Engineer, Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying GTEC approved unanimously to forward this item to the Council. Motion by Sansing, second by Berryman to approve the Master Services Agreement. Approved 7-0. 2. Consideration and possible action to approval of Task Order No. 1 with HDR Engineering, Inc., of Austin, for professional engineering services related to the design of the Southwest Bypass between SH 29 and Leander Road (FM 2243) in the amount of $896,393.00 -- Bill Dryden, Transportation Engineer, Jim Briggs, Assistant City Manager for Utility Operations Dryden explained the item, saying the funding is available in the GTEC Budget. Motion by Sansing, second by Oliver to approve. Approved 7-0. There was discussion regarding which board has purvue over this item. Briggs said it went through the process through GTAB for the total of the transportation plan, and this part of the project was approved by GTEC as a qualifying project. Brainard asked if the County would pariticpate, and Briggs said the County will participate in the "ultimate" bypass project. Brainard asked and Dryden responded that the environmental clearances have been started but not completed yet. There were further questions and comments from Sattler. Approved 6-1. (Brainard opposed) AA Second Readings 1. Second Reading of an ordinance repealing and replacing Chapter 15.44 of the City of Georgetown Code of Ordinances relating to Flood Damage Prevention Regulations -- Dave Hall, Director of Inspection Services Hall read only the caption of the ordinance on second reading. Motion by Sansing, second by Berryman to approve Ordinance 2008-55. Approved 7-0. 2. Second Reading of an Ordinance for a Rezoning from AG, Agriculture District to PUD, Planned Unit Development District with a base zoning district of MF, Multifamily for 39.996 acres in the David Wright Survey, also known as Wesleyan Homes Senior Community, located on Williams Drive -- Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Planning and Development Kreger gave a brief history, saying there had been several residents with concerns, and Council directed staff and the developer to meet with the residents. She said the developers presented a new layout for the area, and the indications were that it met with the residents. She read only the caption of the ordinance on second reading. Motion by Sansing, second by Oliver to approve Ordinance 2008-56. Vote on the motion: Approved 7-0. BB Public Hearings/First Readings 1. First 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 first reading after having satisfied the requirements of the Charter, and explained the item. He reviewed the proposed speed zone changes in the ordinance. City Council Meeting Minutes/September 23, 2008 Page 6 of 14 Pages Sansing said he wishes the school district would not buy property for schools that "dumps out" onto major highways. Berryman said she hopes the speed limit changes will be well marked. Motion by Oliver, second by Sansing to approve the ordinance on first reading. Approved 7-0. 2. First 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 Customer Service Representative and Jim Briggs, Assistant City Manager for Utility Operations Osgood read only the caption of the ordinance on first reading after having satisfied the requirements of the Charter, and explained the item. She said this is a pass-through cost and there is no profit to the City. Motion by Sansing, second by Eason to approve the ordinance on first reading. Sansing said there is a lot of fuel spent to carry the City's garbage all the way to the Texas Disposal Systems (TDS) facility to avoid the tipping fee at the landfill in Hutto. He said he wished TDS could look into other options. There was further discussion. Mayor asked and Briggs said staff would bring back the actual cost for Council approval. Briggs said this ordinance gives permission to include the fuel cost adjustment in the monthly billings to the customers. There was further discussion. Vote on the motion: Approved 7-0. 3. Public Hearing and possible action on a Special Use Permit for an accessory residential unit at Morrow Addition, Block E (NW/PT), 0.41 acres located at 1237 Main Street -- Robbie Wyler, Historic District Planner and Elizabeth Cook, Director of Planning and Development Wyler explained the reason for the special use permit and said the applicant is asking to re-establish as residential use. Speaker, Marjorie Herbert, said she does not oppose the special use permit but said she wishes that a full kitchen not be installed because that would be a direct violation of the permit. Speaker, Gary Holloway, with additional minutes from Jean Neal, said he is the applicant and noted that his family is soon growing to 17 people, saying they just want the additonal space to accomodate all the family during holidays, etc., saying the Neal family would never use that space as a rental. Carts noted at 6:06 p.m. that this item incorporates a public hearing. There were no further public comments. The Public Hearing was closed at 6:06 p.m. Motion by Eason, second by Oliver to approve the special use permit but limit it to not include a full kitchen that would be adding a stove and oven, saying the definition of a kitchen in the UDC Code is confusing. Berryman asked questions of Holloway, and he explained that eventually the extra building would be used to house his inlaws. He said originally, the building was used as an apartment. He said it has two bathrooms and two water heaters. He said the building is difficult to maintain and they want to do a renovation. There were further questions of Holloway. Sattler asked and Cook noted that the Special Use Permit would not allow the property to be rented, and since the special use permit stays with the property, if the building sells, the extra building still cannot be rented. Eason withdrew her motion and Oliver withdrew his second. Motion by Ross, second by Berryman to approve this Special Use Permit as requested. Motion by Oliver, second by Sansing to friendly amend that the Special Use Permit approved by this Council will be developed in such a way that it *Gan will be recorded in the Courthouse. Vote on the motion as friendly amended: Approved 7-0. (*as corrected by Oliver at the October 94, 2008 Council Meeting) 4. Public Hearing and First 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 II and Elizabeth Cook, Director of Planning and Development Maddox read only the caption of the ordinance on first reading after having satsified the requirements of the City Charter. The Public Hearing was opened at 6:29 p.m. Speaker, Shannon Barksdale, representing Del Webb, told Council it would be 18 to 20 months out before the property is ready to be conveyed to the City. He said there are three neighborhoods adjacent to it, but two would not be developed until 2010 or 2011. He said this site is adjacent to the construction road to the site. The Public Hearing was closed at 6:32 p.m. Motion by Berryman, second by Oliver to approve the ordinance on first reading. Berryman confirmed that City Council Meeting Minutes/September 23, 2008 Page 7 of 14 Pages this will move the "trailers" away from the existing neighborhoods. Approved 7-0. 5. Public Hearing and First 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 II and Elizabeth Cook, Director of Planning and Development Maddox read only the caption of the ordinance on first reading after having satsified the requirements of the City Charter. The Public Hearing was opened at 6:35 p.m. There were no comments. The Public Hearing was closed at 6:35 p.m. Motion by Sansing, second by Sattler to approve the ordinance on first reading. Approved 7-0. Brandenburg asked if the following item could be brought forward at this time prior to the annexation hearings. DD Consideration and possible action to increase the amount of compensation in the downtown parking enforcement contract between the City and Sentry Security & Investigations, LP. for the 2007/2008 fiscal year in an amount not to exceed $26,685.41 -- Mark Thomas, Economic Development Director and Shelly Hargrove, Main Street Manager Thomas explained the item. He said it was discovered that recent invoices have caused the amount to exceed the $20,000 budget limit for the year. He said this contract has been moved over to his department, and he has placed a purchase order in the budget so as not to exceed in the future. There was Council discussion regarding complaints from the participants at Commissioners Court receiving tickets when they are in court and can't leave to move their cars. It was also discussed that the parking rules are violated by the actual business owners and their employees. Berryman confirmed that this program costs the City and some citizens just don't come down to the square anymore because of the restriction for parking; therefore, the downtown businesses are losing income. Eason said some of the businesses are reporting increased revenue and she would like to do something about the business owners and employees who are cheating. Motion by Ross, second by Brainard to approve the increase in the amount of compensation. Approved 6-1. (Berryman opposed) 6:43 p.m. -- recess 7:13 p.m. -- resumed (Oliver absent from the dais) Cc Annexation Public Hearings -- To begin no earlier than 6:00 p.m. Polasek noted that three areas were removed at the last Public Hearing, NW 1, NW -3 and NW -12. He noted that the Council held a special public hearing on September 19 for the Golden Oaks Subdivision and there will be another meeting scheduled to answer questions for that neighborhood. He said there will be a three-year annexation plan meeting in 2009. He said the first readings of the annexation ordinances will be at the Council Agenda on October 14, and the second readings will be on December 9, 2008. He gave the Annexation Service Plan and noted he would bring up any special conditions at the specific area items. Oliver returned to the dais prior to this item. 1. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NE1 was identified as a priority for annexation in order to bring all of SH29 east, where the city limits surround the roadway, into the city limits to clarify police and fire jurisdiction. The Public Hearing was opened at 7:22 p.m. There were no comments. The Public Hearing was closed at 7:22 p.m. 2. Public Hearing on the annexation into the City for approximately 190.1 acres of land out of the I. 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW 2 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. Polasek explained all five tracts have agricultural City Council Meeting Minutes/September 23, 2008 Page 8 of 14 Pages exemption, and said they will be allowed development agreements. The Public Hearing was opened at 7:23 p.m. There were no comments. The Public Hearing was closed at 7:23 p.m. 3. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW4 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. He said this annexation would bring all four corners of the intersection into the city limits. He noted the Council received a letter from Gary Shipman. The Public Hearing was opened at 7:25 p.m. Sattler asked and Polasek explained that burning would not be allowed once the property is annexed. Berryman said she thinks a variance should be considered for Mr. Shipman. The Public Hearing was closed at 7:26 p.m. 4. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area NW5 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. He said this property is included in a letter from former City Manager, Bob Hart; and when the City receives a copy of that letter, a development agreement will be offered. The Public Hearing was opened at 7:28 p.m. There were questions and comments from the Council. The Public Hearing was closed at 7:29 p.m. 5. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area NW6 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. He said both tracts have agriculture exemptions. The Pubic Hearing was opened at 7:29 p.m. There were no comments. The Public Hearing was closed at 7:29 p.m. 6. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area NW7 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. He said both tracts have agriculture exemptions. The Pubic Hearing was opened at 7:30 p.m. There were no comments. The Public Hearing was closed at 7:30 p.m. 7. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW8 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. City Council Meeting Minutes/September 23, 2008 Page 9 of 14 Pages The Public Hearing was opened at 7:31 p.m. Speaker, Greg Bryant, said he is more confused now than at the first public hearing. He said he doesn't understand what city services he receives that he doesn't pay for. He said he is curious as to what the cost is for emergency services. The Public Hearing was closed at 7:34 p.m. 8. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW9 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. The Public Hearing was opened at 7:35 p.m. There were no comments. The Public Hearing was closed at 7:35 p.m. 9. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW 10 was identified as a priority for annexation in order to promote intergovernmental cooperation for coordinated service delivery among entities. The Public Hearing was opened at 7:36 p.m. There were no comments. The Public Hearing was closed at 7:36 p.m. 10. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW11 was identified as a priority for annexation in order to promote intergovernmental cooperation for coordinated service delivery among entities. The Public Hearing was opened at 7:37 p.m. There were no comments. The Public Hearing was closed at 7:37 p.m. 11. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW13 was identified as a priority for annexation in order to promote intergovernmental cooperation for coordinated service delivery among entities. The Public Hearing was opened at 7:38 p.m. There were no comments. The Public Hearing was closed at 7:38 p.m. 12. Public Hearing on the annexation into the City for all lots within the Golden Oaks Subdivision; and including approximately 11.5 acres of ROW for Shady Hollow Drive and Golden Oaks Road, referred to as 2008 Annexation Area NW14 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area NW14 was identified as a priority for annexation in order to protect existing neighborhoods and property values by having land use controls and building code protection. He noted the City had received a petition for a public City Council Meeting Minutes/September 23, 2008 Page 10 of 14 Pages hearing in the general area, and staff held the public hearing at the GISG'board Meeting Room on Lakeway Drive. He said the speakers asked specific questions so a question and answer meeting will be scheduled. The Public Hearing was opened at 7:39 p.m. Speaker Paul Van Es, told Council most of the people in the Golden Oaks Subdivision don't want to be a part of the City, and he noted that some of the people who live there will be facing a burden due to the city property taxes. He said this would be a "huge" loss of property rights, saying burning, fireworks, and kids riding ATV's will no longer be allowed. Speaker Mark Edgar said he doesn't have hostility toward the City, but it doesn't make sense that the City would pay $2.4 million to do the improvements but wouldn't receive that much from the property owners for 40 to 50 years. The Public Hearing was closed at 7:43 p.m. 13. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area NW15 was identified as a priority for annexation in order to promote intergovernmental cooperation for coordinated service delivery among entities. He said the County has yet to give the property to the City, so the City is annexing it. The Public Hearing was opened at 7:44 p.m. There were no comments. The Public Hearing was closed at 7:44 p.m. 14. Public Hearing on the annexation into the City for approximately 117.6 acres of land out of the L.J. Dyches Survey, located west of FM 1460, south of SE Inner Loop, east of the current city limits and north of CR 166; and including approximately 5.1 acres of ROW for FM1460, referred to as 2008 Annexation Area SE1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE1 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. The Public Hearing was opened at 7:49 p.m. Speaker Bruce Barton, representing the partnership for Longhorn Junction, said the partnership knows the property will evenutally be annexed, but they have just started negotiations for a development agreement. He said they were surprised with the proposed annexation, saying the development agreement might not be completed until after the first of the year. He asked that the proposed annexation be postponed. Speaker Terry Irion, representing Bourn Partners, owners of Longhorn Junction, said this annexation might foreclose on some financial opportunities. He explained that it would make sense for the City to wait until a client is secured for that property in order for the developer to assist in bringing the infrastructure that will be needed. He asked Council to work together with Bourn Partners to complete the development agreement and to address annexation at some time in the near future. He asked that Council temporarily remove this property from the annexation list. Sansing asked and Polasek said if Council so desires that this area be removed from this year's annexation, they should include that in the action item at the end of the public hearings. He mentioned that the police department views this area as a "donut hole" in FM1460 jurisdiction, but Polasek said he thought they could continue on as they have been for a short time longer. He said there was also a capitol improvement project scheduled in this area to extend water to a residence, and that improvement project would be removed if this area is not annexed; but he said the property owner probably didn't want to have the water brought to him anyway. There was further discussion and questions from Council. Carls explained that development agreements in lieu of annexation are done for agriculture exemptions. She said the type of development agreement for this property would be to forbear from annexation until there is development. Barton said one of the issues in the development agreement is a County Development District (112 cent sales tax tied statutorily to the uses of the 4B). He said the project has been estimated to cost $400 million, and they would like to continue negotiations for the development agreement, saying annexation will be included in the development agreement. He noted their same comments apply to Item 16 (Annexation Area City Council Meeting Minutes/September 23, 2008 Page 11 of 14 Pages SE3) later on this agenda. He noted that both areas are in a dual service area for electric power. Polasek said this area includes the existing FM1460 right of way, and if not annexed at the time of adopting the road impact fees, it can't be included in the calculations. It was suggested to annex a 1000 foot strip. The Public Hearing was closed at 8:00 p.m. 15. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE2 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. The Public Hearing was opened at 8:01 p.m. There were no comments. The Public Hearing was closed at 8:01 p.m. 16. Public Hearing on the annexation into the City for approximately 294.7 acres of land out of the F.A. Hudson Survey and L.J. Dyches Survey, located south of the SE Inner Loop, west of the current city limits, east of CR 116; and including approximately 11.2 acres of ROW for Blue Springs Boulevard and Blue Ridge, referred to as 2008 Annexation Area SE3 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE3 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. He noted this is the property that Barton and Irion were speaking to earlier. The Public Hearing was opened at 8:02 p.m. Barton and Irion just asked Council to recall their previous comments at Item 14. Sattler wondered what the electrical useage would be. Barton noted that it is planned to be a large shopping center of approximately 300,000 square feet, but he didn't know the wattage to be used. The Public Hearing was closed at 8:04 p.m. 17. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE4 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. He said one tract has an agricutlure exemption. The Public Hearing was opened at 8:05 p.m. There were no comments. The Public Hearing was closed at 8:05 p.m. Brainard confirmed that this is the Austin Landscape Supply business, and asked if this business could continue after annexation. Polasek said the business could continue unless additional structure was added beyond the current tap fee. 18. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE5 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. He said two tracts have agriculture exemption. City Council Meeting Minutes/September 23, 2008 Page 12 of 14 Pages The Public Hearing was opened at 8:08 p.m. There were no comments. fhe Public Hearing was closed at 8:08 p.m. 19. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed. He said Area SE6 was identified as a priority for annexation in order to promote inter -governmental cooperation for coordinated service delivery among entities. The Public Hearing was opened at 8:09 p.m. There were no comments. The Public Hearing was closed at 8:09 p.m. 20. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE7 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. He said all tracts except for one are identified as agriculture exemption. If all parcels sign development agreements, the one property would be left. The Public Hearing was opened at 8:10 p.m. There were no comments. The Public Hearing was closed at 8:10 p.m. 21. Public Hearing on the annexation into the City for 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 With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SE8 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. The Public Hearing was opened at 8:11 p.m. There were no comments. The Public Hearing was closed at 8:11 p.m. 22. Public Hearing on the annexation into the City for approximately 955.3 acres of land out of the 1. 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 SOMI -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SW1 was identified as a priority for annexation in order to preserve the future ability of controlling development and local control of specific areas. He said the eight largest tracts have agrculture exemption. The Public Hearing was opened at 8:12 p.m. There were no comments. The Public Hearing was closed at 8:12 p.m. 23. Public Hearing on the annexation into the City for 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 SOM2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development City Council Meeting Minutes/September 23, 2008 Page 13 of 14 Pages With an overhead projection, Polasek displayed the property proposed to be annexed, saying Area SW2 was identified as a priority for annexation in order to promote inter -governmental cooperation for coordinated service delivery among entities. The Public Hearing was opened at 8:13 p.m. There were no comments. The Public Hearing was closed at 8:13 p.m. 24. Consideration and possible action to give staff direction on the 2008 Annexation Program -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Mayor asked and Carls reminded Council of the items on which Council had questions. Ross suggested that NW 14 be removed from this annexation. Motion by Ross, second by Berryman to exempt NW14 from this year's annexations. Polasek explained the drainage and street improvements, fire hydrants, etc. that the City would provide with annexation. Berryman asked for the cost of the services and improvements. Polasek said the estimates are $2.4 million for water and street and drainage improvements at $750,000. Berryman asked and Polasek said the expected revenue is $81,152 per year. He said the existing 4 -inch water line cannot carry fireflow. He noted that the residents already receive City sanitation, electricity, and some have City wastewater. Sansing and Oliver gave reasons why they would support including this area in a three-year annexation plan. Brainard said he couldn't see any reason to annex them. Eason said she couldn't support Ross' motion because there are some good reasons to annex, and any time you annex, it costs more to annex than to leave it unless you look into the long-term items that need to be fixed. Berryman said Serenada is not annexed either and they are much larger than Golden Oaks. There was further discussion. Vote on the motion: Approved 4-3. (Sansing, Oliver and Eason opposed) Polasek said a special public meeting to answer questions for the residents will now not be scheduled. Mayor suggested that Polasek still visit with the residents in Golden Oaks and let them know this time they are being exempted, but that doesn't necessarily mean they won't be annexed in the future. Berryman asked if there would be some way that would allow Mr. Shipman in NW4 to continue to burn. Carls suggested an amendment to the Code to allow an exemption, but she said she hesitates to link it to annexation. Motion by Berryman, second by Brainard to ask staff to look into the burning issue for NW4. Approved 7-0. Motion by Sansing, second by Berryman to postpone annexation of SE1 and SE3 (items CC -14 and CC -16) to allow the negotiations on a development agreement to continue. Carls said there is another piece of property in SE1 that Polasek may bring back to be included in the annexation or the owners could voluntarily annex 1000 feet to include in the impact fees. Vote on the motion: Approved 7-0. Motion by Sansing, second by Eason to remove the 10 -acre tract owned by Greg Bryant in NW8 from this annexation. Council asked and Polasek read the financial implications of annexing that piece of property. Carls suggested there could be some kind of an agreement negotiated with Bryant. Sattler pointed out that the City would have no control over the property if not annexed. Vote on the motion: Denied 6-1. (Eason, Sattler, Berryman, Oliver, Ross, Brainiard opposed) DD Consideration and possible action to increase the amount of compensation in the downtown parking enforcement contract between the City and Sentry Security & Investigations, LP. for the 2007/2008 fiscal year in an amount not to exceed $26,685.41 -- Mark Thomas, Economic Development Director and Shelly Hargrove, Main Street Manager This item was handled earlier after Item BB -5. The meeting was adjourned at 08:45 PM. City Council Meeting Minutes/September 23, 2008 Page 14 of 14 Pages st Attest!' r Cjty Secretary Sandra L'ee