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HomeMy WebLinkAboutMIN 08.12.2008 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: Patty Eason, Gabe Sansing, Keith Brainard, Bill Sattler, Pat Berryman, Dale Ross, Ben Oliver Council Absent: All Council present 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; Leticia Zavala, Controller; 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 - 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 Sierra Ridge project, including site plan approval, GTEC performance agreement amendments, and other matters - 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. B Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Discussions or deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have locate, stay or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations - Summit at Rivery Park Tax Increment Reinvestment Zone (TIRZ) C Sec 551.072: Deliberations about Real Property - Potential purchase of industrial property to be used for economic development 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, Texas Government Code Chapter 551.) D Call to Order The meeting was called to order at 6:03 p.m. City Council Meeting Minutes/August 12, 2008 Page 1 of 10 Pages E Pledge of Allegiance Mayor Garver led the Pledge. F Comments from the Mayor - Welcome and Meeting Procedures Mayor Garver welcomed the audience and gave a brief outline of meeting procedures. Mayor Garver announced Item DD -2 on the juvenile curfew and Item W on Sierra Ridge would be brought to the beginning of the Legislative Regular Agenda. G Announcements and Comments from City Manager Brandenburg made the following announcements: - The City of Georgetown will hold its first Public Hearing on the proposed tax rate for the upcoming fiscal year tonight, and the 2nd Public Hearing on August 25th at 4:00 p.m. here at the Council Chambers, located at 101 E. Seventh Street. - There will also be a Special City Council Meeting on Thursday, August 28, 2008 at 4:00 p.m. here at the Council Chambers, located at 101 E. Seventh Street to consider: The acceptance of the 2008 Tax Appraisal Roll; the ratification of the property tax increase included in the 2008/09 Annual Operating Plan; the approval of an ordinance levying a tax rate for the 2008 tax year; the adoption of an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the2008/09 fiscal year; and the approval of several other budget related items. H Action from Executive Session The following action was taken at the end of the meeting when Council returned to Executive Session under Item C Sec 551.072: Deliberations about Real Property - Potential purchase of industrial property to be used for economic development: Motion by Berrymnan, second by Ross to give direction to Yantis as discussed in Executive Session. Approved 7-0.. 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. Consideration and possible action to approve the minutes of the Special Budget Workshop on Monday, July 14, the City Council Workshop on Monday, July 21, and the City Council Meeting on Tuesday, July 22, 2008 -- Jessica Hamilton, Assistant City Secretary and Sandra D. Lee, City Secretary J Consideration and possible action to approve a Resolution approving the extension of the existing Depository Agreement between the City and JP Morgan Chase Bank for a one year period ending August 31, 2009 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration K Consideration and approval of an Administrative Services Contract between the City of Georgetown and Georgetown Transportation Enhancement Corporation (GTEC) for the 2008/09 fiscal year -- Leticia Zavala, Controller and Micki Rundell, Director Finance and Administration L Consideration and possible action regarding the Administrative Services Contract between the City of Georgetown and the Georgetown Economic Development Corporation (GEDCO) for the 2008/09 fiscal year -- Leticia Zavala, Controller and Micki Rundell, Director Finance and Administration M Consideration and possible action to award the bid for the roofing of City Hall to 5th Wall Roofing in the amount of $37,304.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration N Consideration and possible action to approve the contract for Phase II of the wayfinding sign program to National Sign Plaza in the amount of $45,750.00 -- Terry Jones, Support Services Construction Manager and Micki Rundell, Director of Finance and Administration O Consideration and possible action on a plat vacation of N. B. Acres subdivision, Block 1, Lot 1, being 5.999 acres located at the southwest corner of Northwest Boulevard and IH 35 -- Valerie Kreger, Planner III and Elizabeth Cook, Director of Planning and Development Motion by Oliver, second by Berryman to approve the Consent Agenda in its entirety. Approved 7-0, Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: The following five items were brought forward: City Council Meeting Minutes/August 12, 2008 Page 2 of 10 Pages DD -2. Second Reading of an Ordinance adding a new Chapter 9.13 to the Code of Ordinances relating to it Juvenile Curfew" -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney Brandenburg gave a brief history of the purpose of the ordinance and Council's response to the first reading. He noted the City has received feedback regarding the daytime curfew. He said the Municipal Judge also had some suggestions for modification, as well. He recommended the removal of the daytime curfew. Speaker, Jim Dillon, with extra minutes from Nancy Dillon, said he thinks the City of Georgetown is only creating a curfew ordinance because all of the surrounding cities have those curfews. He said the City is restricting the liberties of citizens, and he said he would not tolerate the government telling the parents how to raise their kids. He claimed the city "caved in" to a little pressure regarding the immigrant workers, and instead turned their attention to directing parents and children. Speaker, Peggy Moore, said she would support the removal of the daytime curfew because there is already state law regarding truancy. She asked everyone in the homeschool community who was in support of what she had just said to please stand. Speaker, Sue Schrowang, thanked the Council and staff for being willing to listen and answer questions. She said she was speaking for Georgetown Christian Home Educators and would like to see the daytime curfew removed. She said it would place undue restrictions on law-abiding citizens and interfere with the upbringing and education of children, making them guilty until they prove their innocence. She said her children have many activities in town during the day for field trips, bowling, the library, etc. She said many homeschool students volunteer for service in Georgetown, and they don't always stay home between 9:00 a.m. and 2:30 p.m. Speaker, Steve Meyer, said he did some research regarding the original California ordinance that was struck down by the California Supreme Court. He said if he gives his children permission to attend a late movie and it lets out at midnight or later, why should the Police Department penalize them. Berryman said she brought this up for the LifeSteps organization and parents who are trying to curb underage drinking. She said she also heard from the Police Department that students from other areas hang out in Georgetown because there is no curfew. She said the police have been supportive, and the community has been in support, but she agrees that the daytime curfew needs to be re -structured. She said some parents struggle to control their kids, and this curfew would give them an "extra tool" to assist them with that control. Motion by Ross, second by Berryman to approve the ordinance with the following changes: on Page 1, (A) (2) change P.M. to A.M; on Page 1, (A) strike (3) as it is redundant with state law under the Education Code; on Page 2, include the new definition of "school activity" meaning a field trip or other educational activity organized and chaperoned by the minor's school, or by the minor's parent, if the minor is homeschooled; on Page 3, (B) use "within" in place of "with;" on Page 3 (A) (6) include the word, "activity" after the word school and include "a" before "religious;" on Page 4, Section 9.13.050. Penalties (A) add: "and shall be punishable by a fine not to exceed $500.00." Berryman asked for community service instead of a fine. Carls said the Municipal Judge could use his discretion. Brandenburg read only the caption of the ordinance on second reading. Sansing said he wants to go on record saying he will vote for this, but he thinks it should be more punishment to the parents and not to the kids. Eason said she has heard discussion regarding adding back in the defense for children that are out on an errand with direction from their parent or guardian. Her suggestion was considered a friendly amendment by Ross. Brainard noted that Paragraph A on page 4 gives the officer discretion. Berryman suggested that Eason's amendment be looked at separately. Vote on the motion: Approved 7-0. Motion by Eason, second by Oliver under Section 9.13.030. Defenses, Item (A) (2), that was previously stricken, be re -introduced, which reads: "On an errand at the direction of the minor's parent or guardian, without any detour or stop;" saying this is an aid to the officer. Sansing concurred. Berryman said she had concern at first, but after speaking with the officers, it is quickly verified by telephone. Vote on the motion: Approved 7-0. Speaker, Dave Graham, asked for clarification to the wording that Ross read. He was given a copy of Ross' handout. Carls explained the changes. Speaker, Sandy Van Goethen, said she lives across from a park where kids gather and most of them are older City Council Meeting Minutes/August 12, 2008 Page 3 of 10 Pages than 17, so the officers were unable to do anything about it. She said the news of this curfew and the unlit parks will assist keeping the kids from other towns out of Georgetown after hours. Oliver said he had some concern about the 11:00 p.m., but understands that kids work late. Speaker, Judy Penterton, said she is 100% in favor of the nighttime curfew. She said she is the manager at Villas of Berry Creek. Motion by Berryman, second by Ross to approve the newly incorporated language as amended. W Consideration and possible action on a Site Plan for Sierra Ridge Housing, located at Washam Drive and Janis Drive -- Jennifer Bills, Housing Coordinator and Elizabeth Cook, Director of Planning and Development Bills gave history of the process for approval of Sierra Ridge housing. She noted that site planning is generally an administrative approval, but it was moved by the Council at the last occasion that Council wanted to see the site plan to ensure how the trees were treated. Bills assured Council that the site plan meets all requirements. With an overhead display she indicated the trees on the site plan, and explained to Council how the site plan will conform with the UDC regulations by mitigating the trees to be removed. Sansing asked if the drainage issues on Northwest Blvd. have been dealt with. Jim Cummins of Steger and Bizzell said there are a number of drainage issues, and their plan is to provide storm sewer to convey the water that accumulates on their site down to the Interstate. He said there will need to be additional work done on other properties in the area to correct the entire situation. Sansing expressed further concern about the issues on Northwest Blvd. Garver asked if the City should move forward if there are still drainage issues in the area. Eason said the reason this was brought forward was the issue of the trees. Motion by Sansing, second by Oliver to approve the site plan. Approved 5-2. (Berryman and Brainard opposed) U Consideration and possible action to approve a resolution ordering a bond election for November 4, 2008, providing for the City to contract with the Williamson County Elections Administrator to conduct said election and providing an effective date -- Micki Rundell, Director Finance & Administration and Patricia Carls, City Attorney Rundell explained the item and noted this resolution includes the preliminary ballot language and introduced outside counsel, Carol Polombo. Polombo said the most important issue is the proposition language. She said there are two proposed bond issues, one for streets and roads, and one for park facilities. She said the City doesn't know the exact timing of the issues and therefore, provides some flexibility and an "up -to" amount. She read the proposed ballot language. Sattler asked if the ballot could be made into three propositions, suggesting proposition 2 be split between the two parks components: Garey Park and the Amphitheatre, and the third proposition as the remainder of the parks. Polombo said she would need to bring the exact language back to Council on August 26, which is the deadline for submitting the ballot language. Sattler said he is concerned about the tax increase and if it were just two propositions, the voters would vote to kill the second proposition. Rundell said if Council gives that direction, they will bring back the language at the next Council Meeting and call the election at that time. Sansing said he would prefer to see San Gabriel separated out from Garey Park. There was further comment. Garver asked for a motion. Motion by Sattler, second by Berryman that the propositions for the parks be split into two. There was disussion in oppositon from Oliver who said the parks proposition is an outlined approach to the future of the parks system. There was further discussion. Rundell said she will bring back an item on the next agenda to set the amount for the tax rate, and that will determine the amount for the bond issues. Eason said the taxes will not be increased for anyone whose taxes are frozen. Berryman said she is concerned that the Garey Ranch cannot be removed from the issue. She said she doesn't want that item lost because of voters not liking other elements of the issue. Ross, Brainard, and Oliver expressed the opinion that the proposistions should remain the same as they are. Vote on the motion: Defeated 5-2. (Eason, Oliver, Ross, Sansing and Brainard opposed) Motion by Berryman, second by Sattler that Garey Ranch become a separate item in the proposal. There was discussion in opposition. Vote on the motion: Defeated 4-3. (Eason, Oliver, Ross, and Brainard opposed) Brainard expressed concern about the phrase "but not limited to." Polombo said they need some flexibility for City Council Meeting Minutes/August 12, 2008 Page 4 of 10 Pages other needs that could come up. Motion by Brainard, second by Berryman to strike the language, "but not limited to." There were questions and comments. Mayor asked and Polombo responded if there were money left over, it would be used to pay down the debt. Vote on the motion: Approved 7-0. Motion by Brainard, second by Berryman to strike the word "on" and use the word "for" SH29. Polombo suggested adding "to wit." Brainard and Berryman agreed to include that in their motion. Approved 7-0. Motion by Oliver, second by Sansing to approve the resolution as amended. Approved 5-2. (Berryman and Sattler opposed) Q Consideration and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation (GEDCO) and Enflite, Inc. — Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Thomas explained the item. He introduced in the audience, Dale Mortensen and Jim Laird, from Enflite. Motion by Sansing, second by Sattler to approve the performance agreement. Brainard said he is concerned about the amount of the loan for four years, but he approves the project and commends the company for what they have done. There were further questions and comments. Vote on the motion: Approved 7-0. R Consideration and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation (GEDCO) and AirBorn, Inc. -- Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager Thomas explained the item, saying the site has been changed. Motion by Berryman, second by Ross to approve the peformance agreement. Approved 7-0. Thomas introduced in the audience Cindy Lewis and Michael Cuff from AirBorn. 7:43 p.m. -- recessed 7:55 p.m. -- resumed P Public Hearing on the proposed 2008 Property Tax rate included in the 2008/09 Annual Operating Plan -- Micki Rundell, Director Finance and Administration With a slide presentation, Rundell gave an overview of the background for the proposed tax rate in the first of two required public hearings. There were questions and comments from the Council. The Public Hearing was opened at 8:34 p.m. There were no public comments. The Public Hearing was closed at 8:34 p.m. Q Consideration and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation (GEDCO) and Enflite, Inc. — Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager This item was handled earlier. R Consideration and possible action to approve a Performance Agreement between the Georgetown Economic Development Corporation (GEDCO) and AirBorn, Inc. -- Mark Thomas, Economic Development Director and Paul Brandenburg, City Manager This item was handled earlier. S Discussion and possible action to approve a Funding Agreement between the City of Georgetown and the Lonestar Circle of Care pertaining to the Crib Program -- Paul E. Brandenburg, City Manager Brandenburg explained the funding agreement. Motion by Sattler, second by Oliver to approve the Funding Agreement. Berryman asked and Brandenburg said he doesn't think there are classes about parenting for the expectant mothers. She asked that there be a class included. Brandenburg agreed to make the request. Vote on the motion: Approved 7-0. T Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended June 30, 2008 -- Leticia Zavala, Controller and Micki Rundell, Director of Finance and Administration With a slide presentation, Rundell explained the City's quarterly financial reports and the investment reports. There were questions and comments from the Council. City Council Meeting Minutes/August 12, 2008 Page 5 of 10 Pages U Consideration and possible action to approve a resolution ordering a bond election for November 4, 2008, providing for the City to contract with the Williamson County Elections Administrator to conduct said election and providing an effective date -- Micki Rundell, Director Finance & Administration and Patricia Carls, City Attorney This item was handled earlier. V Consideration and possible action to approve a Joint Election Agreement with Williamson County and a contract with the Williamson County Election Administrator to conduct the City of Georgetown bond election on November 4, 2008 -- Patricia E. Carls, City Attorney Carls explained the item, saying these two documents are related to Item U that was taken earlier in the meeting. Motion by Sansing, second by Berryman to approve the agreement and contract. Approved 7-0. W Consideration and possible action on a Site Plan for Sierra Ridge Housing, located at Washam Drive and Janis Drive -- Jennifer Bills, Housing Coordinator and Elizabeth Cook, Director of Planning and Development This item was handled earlier. X Consideration and possible action on a proposal to waive fees for home repairs to encourage revitalization and homeownership in the City's older neighborhoods -- Jennifer Bills, Housing Coordinator and Elizabeth Cook, Director of Community Development, and Dave Hall, Director of Inspection Services Cook explained the item and the proposed two-part program, saying an additional issue will be brought back to Council at a future meeting. She asked Council to give direction. There were questions and comments from the Council. Sansing expressed concern about the criteria to qualify for fee waivers, saying he would not want to give waivers to people who would have no problem affording the fees. Cook explained there would be a standard criteria for qualification, including the owner's annual income, and the location of the property. There were further questions and comments. Oliver suggested that Part 1 is good, but Part 2 would cost the City Motion by Oliver, second by Sansing to proceed with Part 1, drop the impact fees from Part 2, and look forward to staff coming back at a future agenda with a fuller report. Berryman noted that Habitat for Humanity would qualify for Part 2. Hall responded that Habitat has never been given fee waivers in the past, but Council gave Habitat $15,000 last year for construction of houses in the Old Mill area. Hall said typically water and wastewater fees are not waived. There were further questions and comments from the Council. Friendly amendment by Berryman to leave in Part 2. Eason asked to have the following language from Part 2 changed as follows: "or to builders as rebates that seuld will be passed on to the future homebuyer at closing, if the homeowner meets the income limitations." There was further discussion. Brandenburg said staff receives these comments as guidance, and Council shouldn't feel obligated to make a decision this evening. First motion withdrawn and new motion by Oliver, second by Sansing that Part 1 looks good, take impact fees out of Part 2, and give a sense of if it has a computation, and ask staff to come back with Council's direction, how they will manage it, what the cost will be, and continue with the UDC changes. Approved 7-0. Y Discussion and possible action to authorize staff to extend the current Pedernales Electric Cooperative Electric Franchise on a month to month basis, for no more than three months, until a final franchise document is prepared -- Jim Briggs, Assistant City Manager for Utility Operations Briggs explained the item and suggested he would bring back an amended version. Motion by Sansing, second by Berryman to bring back a final franchise document at a future agenda. Approved 7-0. Z Consideration and possible action regarding Williamson County's proposal for participation in the Rivery Park Tax increment Reinvestment Zone related to the proposed development of the Summit at Rivery Park -- Tom Yantis, Assistant City Manager Yantis reviewed a brief history of the process for creating the Tax Increment Reinvestment Zone. He explained the County's counter proposal. He asked Council to respond to the County's proposal. He provided further information, as requested by Council in Executive Session last night, stating that the participation of both entities would be approximately 50% each, given various options. There were questions and comments from the Council. Brandenburg said staffs request would be to go with the second option, County at 80% and City at 100%. Berryman expressed concern regarding the County's request to approve changes in the project plan. There was discussion regarding the County's representatives on the TIRZ board and the wording of the County's proposal. Councilmembers contributed suggestions for a response to the County's proposal, but exact direction was not given. it was determined that Council would return to Executive Session at the end of this meeting to make the decision of how to direct. AA Discussion and possible direction to staff regarding the disposition of the old fire station on Main Street and the city office building on the corner of 7th and Main Streets -- Tom Yantis, Assistant City Manager City Council Meeting Minutes/August 12, 2008 Page 6 of 10 Pages This item will be brought back to Council at a future agenda. BB Consideration and possible action on a Resolution setting public hearing dates for the Annexation into the City of approximately 2,826.03 acres, more of less, described as: (1) 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 NEI; (2) All lots in the Texas Traditions Subdivision, and three tracts of land out of the D. Wright Survey totaling approximately 52.6 acres, north of Bootys Crossing Road; and approximately 13.1 acres of ROW, including a portion of Bootys Crossing Road extending from the current city limits west approximately 3,000 feet, Sabine Dr, Brazos Dr, Texas Traditions, Lavaca Lane, Concho Trail, Terlingua Trail, and Turtle Bend, referred to as 2008 Annexation Area NW1; (3) Approximately 190.1 acres of land out of the I. Jones Survey and J. Fish Survey, north and east of Lake Georgetown, west of the Woodlake and Olde Oak subdivisions and South of the Casa Loma Subdivision, referred to as 2008 Annexation Area NW2; (4) All lots in the Historic Acres 1 Subdivision, Tonkowan Country Subdivision, Lot 4A and Lot 4B of the Creek Side 2 Subdivision and various tracts of land out of the Wm. Roberts Survey, that lies west of Airport Road and east of Tonkowan Subdivision; and including approximately 9.9 acres of ROW for Airport Road, Tonkowa Traill., and Indian Mound Road, referred to as 2008 Annexation Area NW3; (5) 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; (6) Approximately 8.2 acres of land out of the N. Porter Survey, that lies 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; (7) Approximately 166.4 acres of land out of the J.P. Pulsifer Survey, that lies 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; (8) Approximately 112.8 acres of land out of the J.P. Pulsifer Survey and C. Stubblefield Survey, that lies east of Wolf Ranch Parkway, north of Memorial Drive, and west of the River Hills Subdivision, referred to as 2008 Annexation Area NW7; (9) Approximately 18.4 acres of land out of the N. Porter Survey and D. Wright Survey, that lies south, east and west of the current city limits, and north of River Bend Drive, referred to as 2008 Annexation Area NW8; (10) 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; (11) 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; (12) 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; (13) Lot 4 of the Embree Subdivision and Lot 2 and Lot 3 of the Embree Subdivision Lots 1-3 Amended, surrounded by the current city limits, and totaling approximately 6.6 acres, referred to as 2008 Annexation Area NW 12; (14) 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; (15) 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; (16) 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; (17) Approximately 117.6 acres of land out of the L.J. Dyches Survey, that lies west of FM 1460, south of SE Inner Loop, east of the current city limits and north of CR 166, referred to as 2008 Annexation Area SEI ; (18) Approximately 30.3 acres of land out of the L.J. Dyches Survey, that lies 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; (19) Approximately 294.7 acres of land out of the F.A. Hudson Survey and L.J. Dyches Survey, that lies 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; (20) 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, that lies 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; (21) Approximately 47.25 acres of land out of the Wm. Addison Survey, that lies 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; (22) 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; (23) Approximately 215.5 acres of land in the Wm. Addison Survey, that lies 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 City Council Meeting Minutes/August 12, 2008 Page 7 of 10 Pages boundaries, referred to as 2008 Annexation Area SE7; (24) 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; (25) 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, that lies 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; (26) 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, that lies 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 Motion by Sansing, second by Brainard to approve the setting of the public hearing at the next Council Meeting on August 26, 2008. Motion by Berryman, second by Oliver that the September 9, meeting would begin at 4:00 p.m. for the other items on the agenda, and the public hearing would begin at 6:00 p.m. because letters have already been mailed. Approved 7-0. CC Consideration and possible action on a Professional Services Agreement with Diamond Surveying, Inc, as Surveyor to prepare metes and bounds legal descriptions for annexation of various tracts of land for the City of Georgetown, Texas -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek explained the item. Motion by Brainard, second by Sansing to approve the agreement. Approved 7-0. DD Second Readings 1. Second Reading of an Ordinance Amending and Correcting Section 6.50.040(A)(12) of the Code of Ordinances Pertaining to the Regulation of Itinerant Merchants -- Paul E. Brandenburg, City Manager and Tom Yantis, Assistant City Manager Brandenburg explained the item and read only the caption of the ordinance on second reading. Motion by Sansing, second by Eason to approve Ordinance 2008-40. Approved 6-0. (Berryman absent from the dais) 2. Second Reading of an Ordinance adding a new Chapter 9.13 to the Code of Ordinances relating to " Juvenile Curfew" -- Paul E. Brandenburg, City Manager and Patricia E. Carls, City Attorney This item was handled earlier. EE First Readings 1. First Reading of an ordinance adding new Section 10.16.085 to Chapter 10.16 of the Code of Ordinances relating to Parking in Driveways and Other approved Surfaces: Rights of Ways and Sight Triangles -- Julie McCartney, Chief Code Enforcement Officer and Dave Hall, Director of Inspection Services McCartney read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Sattler to approve the ordinance on first reading. Brainard clarified that this forbids people from parking on their lawns. Vote on the motion: Approved 7-0. 2. First reading of an ordinance Amending Section 12.20.040 and Adding New Sections 12.20.100 and 12.20.110 to the Code of Ordinances Chapter 12.20 Relating to Parks and Recreational Facilities and Establishing Hours in the Parks -- Kimberly Garrett, Parks and Recreation Director and Randy Morrow, Director of Community Services Garrett said this was a "spin-off' of the curfew ordinance. She said this proposal is for all parks without lights to be available to the public from dawn to dusk. She said San Gabriel Park is different because there are facilities in San Gabriel Park that are lighted and there are rental spaces. She said the proposal for San Gabriel Park would be that it closes at midnight. Sattler asked to exempt Eagle Football Field and the Adult Baseball Field. Garrett said that could be added to the ordinance. She read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Sattler to approve the ordinance on first reading. There were questions and comments from the Council. Approved 7-0. City Council Meeting Minutes/August 12, 2008 Page 8 of 10 Pages 3. First Reading of an ordinance amending Section 10. 16.040 of the Code of Ordinances of the City of Georgetown establishing a no parking zone on Church Street between University Avenue and 21 st Street; directing the Traffic Engineer to erect appropriate signs indicating such zone — Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the ordinance after having satisfied the requirements of the City Charter. He explained the ordinance is needed for emergency vehicle access on a narrow street. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 7-0. 4. First Reading of an ordinance of the City of Georgetown, Texas, zoning for traffic and rate of speed therein, on RM 2243 in the City limits of the City of Georgetown defining speeding and fixing a penalty therefor; declaring what may be a sufficient complaint in prosecutions -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the ordinance after having satisfied the requirements of the City Charter and explained the purpose of the ordinance. Motion by Sansing, second by Eason to approve the ordinance on first reading. Approved 7-0. 5. First Reading of an ordinance amending Section 10.12.090(c.) of the Code of Ordinances of the City of Georgetown establishing a 35 -mph speed zone on a portion of Booty's Crossing Road within the corporate limits of the City of Georgetown -- Mark Miller, Transportation Services Manager and Jim Briggs, Assistant City Manager for Utility Operations Miller read only the caption of the ordinance after having satisfied the requirements of the City Charter. He explained the purpose of the ordinance, saying citizens called about the variety of speed limit signs that cause confusion. Motion by Berryman, second by Eason to approve the ordinance on first reading. Approved 7-0. Sattler asked that the councilmember that is to be affected be notified by email that an item is coming forward on the agenda that pertains to their district. Garver suggested that Brandenburg receive the notification so he could forward that information to the appropriate councilmember. 6. First Reading of an Ordinance for the voluntary annexation into the City for 5.016 acres, more or less, in the Antonio Flores Survey, Abstract No. 235, for Georgetown High School Stadium, east of Austin Avenue and northwest of Meda Street -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development Polasek read only the caption of the ordinance after having satisfied the requirements of the City Charter. Motion by Sansing, second by Oliver to approve the ordinance on first reading. Approved 7-0. FF Status reports from Chair Dale Ross of the ad hoc City Council Subcommittee on Legal Services; Chair Ben Oliver on the ad hoc City Council Subcommittee on Social Service Funding; and Chair Keith Brainard on the ad hoc City Council Subcommittee on the Texas Municipal Retirement System (TMRS) -- Mayor George Garver Garver stated the purpose of this item was to alert Councilmembers that the Chairs of the Subcommittees will need to be prepared to report back to the Council on the status of the issue for which they formed. GG Consideration and possible action to approve an inter -local agreement for providing fire and emergency rescue services to the citizens of Williamson County Emergency Services District (ESD) #8 for fiscal year 2005/09 -- Micki Rundell, Director of Finance and Administration and Paul E. Brandenburg, City Manager Brandenburg explained the purpose of this item. Motion by Berryman, second by Eason to approve the interlocal agreement. Approved 7-0. 10:20 p.m. -- recessed to Executive Session 10:32 p.m. -- returned to Open Session H Action from Executive Session Motion by Berrymnan, second by Ross to give direction to Yantis as discussed in Executive Session. Approved 7-0. The meeting was adjourned at 10:33 PM. City Council Meeting Minutes/August 12, 2008 Page 9 of 10 Pages Approved City Council Meeting Minutes/August 12, 2008 Page 10 of 10 Pages Attest City Secretary Sandra Lee