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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
- 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.

- Funding options regarding real estate transactions.
- Acquisition of an easement from Southwestern University

C Call to Order

Called to order at 4:03 p.m.

Mayor Garver led the Pledge.

- Welcome and Meeting Procedures
Mayor Garver welcomed the audience and noted that all Council was present with the exception of Councilmember Berryman, and gave a brief outline of meeting procedures. He noted that the meeting would take place until 5:45 p.m. at which time the Council would recess and then begin again at 6:00 p.m. for the public hearing on annexation. Berryman arrived on the dais before the next item.

Brandenburg made the following announcements:
The City’s new Youth Curfew Ordinance is now in effect and applies to anyone under the age of 17 for the following hours: 11 p.m. until 6 a.m. on Sunday through Thursday and 12 a.m. (midnight) until 6 a.m. on Friday and Saturday
The City of Georgetown also recently passed an ordinance that establishes the following park hours for the City’s Park Facilities: dawn to dusk daily, except as follows or specifically posted otherwise:
Hike and Bike Trail- The hike and bike trail along the San Gabriel River shall be open to the general public between the hours of 5:00 A.M. to 11:00 P.M.
Lighted Sport Courts (e.g. basketball, tennis, volleyball, skating) shall close at 11 P.M.
San Gabriel Park shall close at 12 A.M.

Two bond propositions will be on the November 4 ballot for City of Georgetown voters:
Proposition 1 is for authorization to issue $46 million in bonds for street and road projects.
Proposition 2 is for authorization to issue $35 million in bonds for parks and recreation projects.
If approved by the voters, bonds for the projects could be issued in multiple series over a 10 to 15 year period, or longer. Passage or defeat of the bond propositions will not have an effect on the frozen tax payments of homeowners who are 65 years-of-age or older, or are disabled.

There was no action from Executive Session.

Dyer thanked the Council for sponsorship of this event. He said they have received confirmations from many people who plan to attend. He gave the schedule for the event.

I Consideration and possible action to approve the minutes of the City Council Workshop on Monday, August 25; the City Council Meeting on Tuesday, August 26; and the Special Council Meeting on Thursday, August 28; 2008 -- Jessica Hamilton, Assistant City Secretary and Sandra D. Lee, City Secretary

J Consideration and possible action to authorize the Mayor to send a Letter of Interest to TXDOT – Aviation Division requesting an AIP Grant to the City of Georgetown for the removal of certain runway approach obstructions, the purchase of approximately 7.15 acres, the installation of obstruction lights, and the rehabilitation of various taxiways at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager (pulled by Brainard)

K Consideration and possible action to award a contract for the painting of the bridge handrails on Austin Avenue to DMS Painting, Inc. of Pasadena, Texas, in the amount of $45,000.00 -- Mark Miller, Transportation Services Manager, Jim Briggs, Assistant City Manager for Utility Operations

Legislative Regular Agenda

Council will individually consider and possibly take action on any or all of the following items:

J Consideration and possible action to authorize the Mayor to send a Letter of Interest to TXDOT – Aviation Division requesting an AIP Grant to the City of Georgetown for the removal of certain runway approach obstructions, the purchase of approximately 7.15 acres, the installation of obstruction lights, and the rehabilitation of various taxiways at the Georgetown Municipal Airport -- Travis McLain, Airport Manager and Tom Yantis, Assistant City Manager (pulled by Brainard)

Brainard asked and Yantis noted that the Airport Clear Zones are exempt from the tree ordinance, saying staff could do mitigation of the trees that are removed. There was a discussion regarding funding to replace the trees.

Motion by Brainard, second by Sansing to authorize the letter of interest with the stipulation that staff *look into the safety factor in removing the trees and give staff authorization to have a tree survey done. assess the cost and feasibility of complying with the city's tree mitigation ordinance that is applicable in other areas of the city. Eason said she hopes the City will follow the same rules that are required of developers. Approved 7-0. (*as corrected by Brainard at the September 23, 2008 Council Meeting)

Schoenborn introduced the item and offered to answer questions. Motion by Sansing, second by Berryman to approve the contract renewals. Approved 7-0.

Russell introduced the item, explained a vote is requested, and offered options for the procedure. Mayor Garver asked Council to authorize the City Manager to make the selection. Motion by Brainard, second by Oliver to approve authorizing the City Manager to determine how the City would vote on the members of the Risk Pool Board. Approved 7-0.

Benz introduced the item, and with a slide presentation described the types of water facilities and the potential process of enforcing maintenance. He said System Engineering worked with the Drainage Department; Development Engineer, David Munk; and the Code Enforcement Department to research this item and provide options for Council's consideration.

Sansing asked if the City should take over the maintenance of all water quality facilities at a cost to the developer. Brandenburg noted that in Option 2, staff has presented the possibility of staff, through the weed control procedure, to contact the owner to maintain and clean the drainage facilities, and if they don't, the City will perform maintenance and send the owner the bill. Brandenburg said it is more cost efficient to hire a subcontractor to do the maintenance rather than use city staff. Briggs further emphasized the suggested procedure as is done with weed control. There were questions from the Council. Motion by Sansing, second by Brainard for the City to use all three options to make sure the water quality facilities are maintained properly. Benz said there will need to be modification to the Unified Development Code (UDC) and the current ordinance, but staff will start investigatiing and reporting facilities that are in need of maintenance. There was further discussion by Council. Brandenburg said there will be subsequent Council action required. It was determined that enforcement action would be complaint driven, saying there are over 700 facilities for current code enforcement staff to inspect. Benz said the Texas Commission on Environmental Quality (TCEQ) is willing to investigate any facility, but they have limited staff. Vote on the motion: Approved 6-1. (Berryman opposed) Berryman said she is only opposed because it is unknown how much this will cost homeowners associations and whether the City will ever be reimbursed for doing the maintenance.

Briggs introduced the item and noted that the action of the ATMOS Texas Municipalities ("ATM") convinced ATMOS to reduce their rates by less than 20% than what was requested. He said the changes in the tariffs will need to be approved in a resolution. Motion by Sansing, second by Berryman to approve the resolution. Sattler asked and Briggs said there is no financial impact on the City. He asked for a definition of "customers of modest means," and asked who would notify them of the ability to receive up to $200 worth of caulking, weather stripping, sheathing, etc. Briggs said ATMOS is to notify them, and that the City would also compile a list. Brainard asked, and Briggs said only a portion of customers within our service area have ATMOS gas service. Vote on the motion: Approved 7-0.

Oliver noted that the Council has the cover sheet and a separate memo and asked if there were questions. Sattler questioned why the Exceptional Georgetown Alliance was not granted any money this year. He said exceptional children don't get the usual benefits that are provided other children, such as City parks, due to their impaired condition. He said this is the first year for this group, and he would like to see them receive some funding. There was discussion. Sattler asked Council to award the requested $11,000. Ross noted that only $3,000 is left in the allotment. Sattler said GISD does not support this group. Motion by Oliver, second by Sansing to approve the funding allocations. Motion by Sattler, second by Sansing to amend that the balance of the funds ($3,109.00) be directed to the Exceptional Georgetown Alliance. Brainard suggested using a portion of the surplus as it accumulates throughout the year to provide further funding. Vote on the amendment: Approved 5-2. (Brainard and Ross opposed) Vote on the original motion as amended: Approved 7-0. Motion by Berryman, second by Sansing that if there is surplus money in the discretionary fund at the end of this fiscal year, no greater than $10,000 ($6,891.00), be given to the Exceptional Georgetown Alliance. Brainard explained why he would be voting against this motion. There was much discussion. Berryman withdrew her motion. Motion by Berryman, second by Brainard that the $6,891 be found in the end of the year excess in 90 days. Denied: 4-3. (Eason, Sattler, Oliver, Sansing opposed) Motion by Sattler, second by Sansing that the $6.891 be funded out of the 2007/2008 discretionary fund. Approved 5-2. (Ross and Brainard opposed)

Oliver asked Council to look at the three recommendations on the cover sheet, saying it is the second paragraph on the memo provided on the dais, that suggests that a subcommittee review all the guidelines and the organizations be notified at the time they are provided their funding this year if there are changes so they can prepare; that the subcommittee review the funding for both youth and social services; and any proposed revisions include developing more consistent language to more clearly outline the Council's intent with regard to these programs; and that the review be completed and presented to the City Council no later than the frst meeting in December, 2008, so the social service and youth program recipients have plenty of advance notice for planning if the guidelines change. Motion by Berryman, second by Sansing to approve the recommendations from the subcommittee. There was further discussion. Approved 7-0.

Brandenburg reviewed the suggested amendments to the process. Motion by Sansing, second by Berryman to approve the resolution. There was further discussion. Vote on the motion: Approved 7-0.

Brandenburg noted he and Chamber of Commerce President, Mel Penland, had met and compiled the list of names provided in the packet for Council's approval. He read the following suggested names: Jack Hunnicutt, David Chang, Ercel Brashear, David Singleton, Bruce Barton, John Gavurnik, Marvin Dorsey, Chris Damon, Mark Baker, Steve Klein, Joe Baker, Mel Pendland, Todd Janssen, Trevor Dunham, Phil Wanke, P.J. Stevens, Todd Woods, Harry Gibbs, Jimmy Jacobs, and city staff. He said he was contacted by one other individual, Tom Crawford, who also showed interest in being on the Task Force. Ross said Renee Hanson would also like to be put on the list. Sansing said he would like to see a list of people who have not been on the task force before. Oliver suggested Susan Firth, President of the Heritage Society who would have a different viewpoint. Eason said she doesn't think anyone should have to be approved by Council to be on the list. She suggested that Ellen Davis of Southwestern University be on the list. She suggested anyone who wants to be involved should be allowed to participate. Mayor asked, and Brandenburg said he would hope the members would be appointed tonight in order to get the task underway. Motion by Oliver, second by Berryman to approve the list and the four additonal people be appointed tonight, and Council allow for additions to the list at the next Council meeting. Berryman pointed out that the list is very diverse, and she thanked Brandenburg for putting it together. Vote on the motion: Approved 6-1. (Sansing abstained)

Brandenburg introduced the item, and read the modification language added by the Council. Motion by Sansing, second by Ross to approve the amended language. When asked if the developer approves, Marlene McMichael, came forward and said they approve, but would like to amend if there are unforeseen delays. Carls said McMichael made the request and she, Carls, had drafted language and sent it to the County's attorney, Charlie Culpepper; but the County Commissioners have not had an opportunity to meet yet. She said she was told verbally it would be fine. She said these changes, once approved by Council, will go to the County for consideration. McMichael said they don't want to delay the process further, because they want to go to market as soon as possible. There was discussion regarding the verbage of "substantially complete." Vote on the motion: Approved 7-0.

Hall read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Berryman to approve the ordinance on first reading. Approved 7-0.

5:48 p.m. -- recessed
6:16 p.m. -- returned


Mayor Garver told the people in the audience who were here for the annexation hearings that the Council would finish the regular agenda and then begin the public hearings.

Hutchinson explained the item.

Speaker, Byron Raynie, urged staff and Council to present both sides of the questions in the informational material.

Motion by Berryman, second by Oliver to approve the informational materials. Oliver asked that the term "multiple series" be clarified. Sattler said there are no project estimates. He suggested that each project on the bonds have an estimated cost, saying it should be one of the components in the informational material. Rundell said part of the reason for not doing so is if one of those projects costs more than the estimate, the City would be limited in the amount they would be able to spend on the project. She said it was a recommendation from bond counsel; saying on Garey Park, the $10,000 is the specific amount being set aside to be spent on that specific park. Carls said Carol Polumbo and Garry Kimball both recommended that the approximate amounts not be listed in the informational material, due to restrictions. There was discussion and general agreement for Council to take the advice from legal counsel. Motion by Berryman, second by Sansing to approve the information presented. Approved 6-1 (Sattler opposed)

This item was postponed to a future meeting.

Thomas explained the item and said Council had previously directed the buildings be leased. He said there have been brew pubs, wineries, and restaurants that have inquired about the properties. He said if Council approves, they will market heavily. On the overhead he displayed the promotional material that is being distributed. Sattler asked and Thomas noted the City is looking for retail rather than service in order to add sales tax. There was discussion regarding the possibly of selling the property. Thomas said he has visited with a man who was looking to purchase the city office building. Eason said the problem with selling the historic fire house would be losing control of an historic structure in Georgetown. There was discussion regarding selling the city office building. Motion by Berryman, second by Sansing to sell or lease the city office building and only lease the old fire house. Approved 7-0.

1. Second Reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 2008 -- Micki Rundell, Director of Finance and Administration

Rundell asked Council to use the language on the cover sheet for their motion, and she read only the caption on second reading after having satisfied the requirements of the City Charter. Motion by Ross, second by Oliver that property taxes be increased by the adoption of a tax rate of $0.35622, of which $0.20053 will be for Maintenance and Operations and $0.15569 for Interest and Sinking. Ordinance 2008-49 approved 7-0.

2. Second Reading of an ordinance adopting the 2008/09 City of Georgetown Annual Budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009 -- Micki Rundell, Director of Finance and Administration

Rundell said the total appropriation is $214.7 million. She read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Oliver, second by Ross to approve Ordinance 2008-50. Sattler asked and Rundell explained the difference in amount from $200.5 million to $214.7 million. Approved 7-0.

3. Second Reading of an ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances -- Micki Rundell Director of Finance and Administration

Rundell explained the ordinance and read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Ross to approve Ordinance 2008-51. Approved 7-0.

4. Second Reading of an ordinance establishing the classifications and number of positions (Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Kevin Russell, Human Resources Director and Paul Brandenburg, City Manager

Russell read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Sansing, second by Eason to approve Ordinance 2008-52. Approved 7-0.

5. Second Reading of an Ordinance for a Rezoning from AG, Agriculture District to C-3, General Commercial District for 10.47 acres in the Wright Survey, to be known as Buc-ee’s Commercial Tract, located at Airport Boulevard and Lakeway Drive -- Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Planning and Development

Kreger read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Sattler, second by Sansing to approve Ordinance 2008-53. Berryman asked about lighting requirements. There was discussion. Vote on the motion: Approved 7-0.

6. Second Reading of an Ordinance for a Rezoning from C-3, General Commercial District to C-1, Local Commercial District for 0.634 acres being Lot 5, Block 2, Highland Park Revised Subdivision, also known as City of Georgetown Municipal Complex Parking Improvements, located along Industrial Avenue -- Valerie Kreger, Principal Planner and Elizabeth Cook, Director of Planning and Development

Kreger explained the ordinance had been approved by Council on first reading with conditions from the Planning and Zoning Commission. She read the conditions, and read only the caption of the ordinance on second reading after having satisfied the requirements of the City Charter. Motion by Berryman, second by Sattler to approve Ordinance 2008-54. Approved 7-0.

This item was handled earlier.

1. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:07 p.m. There were no comments. The Public Hearing was closed at 7:07 p.m.

2. Public Hearing on the annexation into the City 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 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation. He noted there is an exception for areas containing over 100 residential units, so it is no longer eligible for exemption. He suggested removal of NW1 from the process. He said it now involves a process to negotiate the service plan and annex this area at the end of three years. He said Council will need to specifiy removal of this annexation area at Item AA-26. The Public Hearing was opened at 7:09 p.m. There were no comments. The Public Hearing was closed at 7:09 p.m.

3. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. He told Council all five tracts in this area have agricultural exemption, which means they can be offered a development agreement. The Public Hearing was opened at 7:11 p.m.

Speaker, Jack Lovett, General Partner with Piloxi Square Partners said he is opposed to the annexation, and P.J. Stevens of Steger and Bizzell Engineering took the remainder of Lovett's time to speak. On the overhead display he identified the subject tract. He said they oppose the annexation, but if annexed, they wish to be zoned appropriate to the project they have planned.

Polasek said Iva Wolf is in favor of doing development agreements. The Public Hearing was closed at 7:17 p.m.

4. Public Hearing on the annexation into the City of 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, located west of Airport Road and east of Tonkowan Subdivision; and including approximately 9.9 acres of ROW for Airport Road, Tonkowa Trail, and Indian Mound Road, referred to as 2008 Annexation Area NW3 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation. He said a protest was received at City Hall, but was mistaken as an additional copy of another protest so the City did not respond in time He said staff is recommending that this area be pulled from the proposed annexation areas. The Public Hearing was opened at 7:18 p.m. There were no comments. The Public Hearing was closed at 7:18 p.m.

5. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying annexation would bring all four quadrants of the intersection into the City. The Public Hearing was opened at 7:19 p.m. There were no comments. The Public Hearing was closed at 7:19 p.m.

6. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. He said he had received a phone call from a resident in NW5, saying he has a letter from former City Manager Bob Hart.

The Public Hearing was opened at 7:21 p.m.

Speaker, Dee Dee Hawes, with additional minutes from her husband, Cody Hawes, said she would like to come in under a development plan. She said back in 1995, they donated 1/2 acre for right of way for Northwest Boulevard. She said she has a signed letter from Bob Hart stating their land would not be annexed unitl it is sold or platted. She asked that the letter be honored. She asked that the area be pulled out of annexation for right now, and asked to find out what the City would like to have at that location, saying they have 7.5 acres that adjoin the City. She said with the recent parking ordinance, their trucks would not be parked on an approved surface, so they would need to relocate their business, and that would lower their income. Mayor asked and Brandenburg agreed that the City will work with them.

The Public Hearing was closed at 7:26 p.m.

7. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. He said both tracts have agricultural exemption, and both have expressed the desire to do development agreements.

The Public Hearing was opened at 7:27 p.m. There were no comments. The Public Hearing was closed at 7:27 p.m.

8. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. He said both tracts have agricultural exemption and both have expressed desire to do development agreements.

The Public Hearing was opened at 7:28 p.m. There were no comments. The Public Hearing was closed at 7:28 p.m.

9. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:28 p.m.

Speaker, Gregory Bryant, told Council he owns 10 of the 18 acres in the annexation area. He said he is objecting to the annexation for three reasons: more expensive for him due to taxes; he sees no value in the emergency response; the existing neighborhood is brand new; and he has horses and provides sanctuary for deer that have run off of the adjacent 30 acres.

The Public Hearing was closed at 7:31 p.m.

10. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:32 p.m. There were no comments. The Public Hearing was closed at 7:32 p.m.

11. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:33 p.m. There were no comments. The Public Hearing was closed at 7:33 p.m.

12. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:34 p.m. There were no comments. The Public Hearing was closed at 7:34 p.m.

13. Public Hearing on the annexation into the City of 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 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation. He noted to Council that this area was disannexed in April, 2000, saying documentation from the City's legal department in 2000 declared the petition for disannexation was invalid, but the property was, in fact, disannexed. He said staff recommends removal of this area from the 2008 process in order to clarify.

The Public Hearing was opened at 7:35 p.m.

Speaker, Richard Crowe, said he has a letter from former City Manager Bob Hart from April, 2000, promising not to annex his property for ten years. He said this area was disannexed for failure to provide services. He said he has water serviced by Chisolm Trail Special Utility District and electricity from Pedernales Electric Cooperative. He asked to be removed from this year's annexations and suggested in a couple of years he would be willing to talk to the City again.

The Public Hearing was closed at 7:37 p.m.

14. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying this is a portion of the southbound lanes of IH35 that were left out of the city limits and create a jurisdiction difficulty.

The Public Hearing was opened at 7:38 p.m. There were no comments. The Public Hearing was closed at 7:38 p.m.

15. 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 display, Polasek described the property and the reason for annexation, saying the City received a petition asking that a public hearing be held and that public hearing has been set for September 19 at 4:00 p.m. at the Georgetown School District Office on Lakeway.

The Public Hearing was opened at 7:39 p.m.

Speaker, Wiggy Shell, told Council he has lived in his home for 30 years. He said he has city sewer and water, pays ESD #8 for fire protection, is on the ESD Commission, and receives the same response out there as if he were in the City. He said the City doesn't take care of the drainage on the old Cox property and said he has asked to have that taken care of, but nothing has happened yet. He said the proposed improvements will cost $3 million, and the City will receive only $1.5 million over four years from property taxes if he is annexed.

Speaker, Paul Van Es, told Council he wanted to speak to someone on staff about the services to be provided and gave his phone number. He said there is a brand new church in the neighborhood where the public hearing could be held.

Speaker, Mark Edgar, said he is concerned that the subdivision lots not be subdivided if annexed.

16. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying this annexation is needed to clarify police jurisdiction in front of the school, the school crossing, etc. He said the City has been waiting for transfer of ownership for Shell Road, but it has taken too long, so the staff recommends annexation of this area.

The Public Hearing was opened at 7:47 p.m. There were no comments. The Public Hearing was closed at 7:47 p.m.

17. 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, referred to as 2008 Annexation Area SE1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation, saying three tracts have agricultural exemption. The Public Hearing was opened at 7:48 p.m. There were no comments. The Public Hearing was closed at 7:48 p.m.

18. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:49 p.m. There were no comments. The Public Hearing was closed at 7:49 p.m.

19. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying there are seven tracts, potentially eight, based on information from a property owner, that have agricultural exemption. He said there would be capitol improvements necessary to have water service and a public street.

The Public Hearing was opened at 7:50 p.m. There were no comments. The Public Hearing was closed at 7:50 p.m.

20. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation. The Public Hearing was opened at 7:52 p.m.

Speaker, Patrick Whittlesey, said this would increase his property taxes, sales tax would increase the cost of his produce to his customer base, and he already has services. He said if Council still wants to annex, he wants to go in as industrial so he can continue his business operation.

The Public Hearing was closed at 7:53 p.m.

21. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying this is the county animal shelter and county juvenile detention facility but they connect to the future Southeast Arterial 1 and would become a police jurisdiction problem, and the Fire Department wants to annex because of fireworks on holidays. He said there will be capitol improvements necessary to do street improvmeents on CR110.

The Public Hearing was opened at 7:55 p.m. There were no comments. The Public Hearing was closed at 7:55 p.m.

22. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying this is a split parcel and is a police jursdiction issue.

The Public Hearing was opened at 7:56 p.m. There were no comments The Public Hearing was closed at 7:56 p.m.

Brainard confirmed that the new elementary school across the street from this area is within the city limits.

23. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying there are five tracts, and all but one tract, have agricultural exemptions. He said if all five come in to the City, a donut hole would be left, so if there are development agreements, staff would recommend removing this area from proposed annexation.

The Public Hearing was opened at 7:58 p.m. There were no comments. The Public Hearing was closed at 7:58 p.m.

24. Public Hearing on the annexation into the City of 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 display, Polasek described the property and the reason for annexation, saying there would need to be a small capitol improvement project to bring water to the area.

The Public Hearing was opened at 7:59 p.m. There were no comments. The Public Hearing was closed at 7:59 p.m.

25. Public Hearing on the annexation into the City of approximately 955.3 acres of land out of the I. Donagan Survey, C Stubblefield Survey, J. Thompson Survey and remaining portion of the Church of Christ Subdivision, located north of the current city limits along the South Fork San Gabriel River, east of the Shadow Canyon Subdivision, south of SH 29 West, Legend Oaks Subdivision, First Baptist Church Subdivision, and Legend Oaks Subdivision, and west of the Wolf Ranch Subdivision; and including approximately 24.8 acres of ROW for SH 29 West extending from the current city limits west to the western limits of the Shadow Canyon Subdivision, and D.B. Wood Road from the current city limits south to the termination of the roadway, referred to as 2008 Annexation Area SW1 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation, saying eight tracts have agricutlural exemption including the property owned by the Wolf family, and they want development agreements.

The Public Hearing was opened at 8:01 p.m. There were no comments The Public Hearing was closed at 8:01 p.m.

26. Public Hearing on the annexation into the City of approximately 4.6 acres of land out of the D. Wright Survey and J. Pulsifer Survey including approximately 1,300 feet of the North Fork San Gabriel River, located east of the Oakcrest Estates Riverside Unit Subdivision, north of the Georgetown Country Club, west of Country Club Acres Unit 4 Subdivision; and including approximately 0.5 acres of ROW for Spring Valley Road from the current city limits west for approximately 400 feet, referred to as 2008 Annexation Area SW2 -- Edward G. Polasek, AICP, Principal Planner and Elizabeth Cook, Director of Planning and Development

With an overhead display, Polasek described the property and the reason for annexation, saying this is a police jurisdiction issue

The Public Hearing was opened at 8:02 p.m. There were no comments The Public Hearing was closed at 8:02 p.m.

27. 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

Polasek explained staff's recommendation to pull Annexation Areas NW1 and NW12 from future public hearing and ordinance agendas and to send a letter and the draft development agreements to the property owners identified as having agriculture exemptions in the 2008 Annexation Areas of NW1, NW2, NW6, NW7, NW12, SE1, SE3, SE4, SE5, SE7, and SW1, and remove NW3 for failure to respond to a request for a public hearing. Areas NW1 and NW12 will be removed if items 1 and 2 of the Staff Recommendation are approved. Deliver to City Council draft development agreements for approval by October 28, 2008.

Motion by Sansing, second by Eason to make the staff recommendation. Brainard asked if industrial zoning is possible for Mr. Whittlesey in Area SE4. Polasek said Council has never directed staff to initiate rezoning. There was a question and discussion about grandfathering. Cook said there is the ability to go to the Zoning Board of Adjustment to ask for expansion of the use. She said at this point, they have not studied this issue. She said it would be difficult to be the applicant and do the review at the same time. Oliver suggested grandfathering the activity, so that if he ever sold his property, that use would not be allowed. Carls noted there is a discussion behind tab 30 of the annexation notebook provided to the Council, saying page 4 discusses this property and the issue. She said the owner could request a rezoning. Brainard asked and Cook explained if the property owner sells, the new owner would have the same right as the current owner has.

Oliver asked if the City could bring back NW1 and begin a separate timetable toward the three-year process. Carls said the three-year plan might include other properties as well, and they could all be brought back at a future date.

Vote on the Motion: Approved 7-0. Motion by Oliver, second by Berryman to instruct staff to review parcels for a three-year annexation plan and hold a future workshop to discuss annexation plans. Approved 7-0.