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Creek. The existing flood control dam is not effective, and the creek is the major recharge to the lake. Sediment will be going directly into the springs. We need to protect this area. TCEQ rules • are not adequate to protect the second largest recharge zone in the state. Layton Stallings, San Marcos, stated that Lime Kiln Road is not an outlet road. All traffic dead ends on Post Road, and there is already a traffic problem. If we add more apartments and businesses, we would have gridlock for hours. Windemere 2 is proposed to be mixed use. Just imagine hundreds of cars coming onto Lime Kiln. The more serious problem is this is the closest drainage to Sink Creek, which drains into Spring Lake and into the San Marcos River. It will be a terrible tragedy to allow the developer to do this. We are speeding unhealthy development that is harmful to the residents. He urged Council to not approve the annexation. Thomas Rhodes stated this is the first step in a long, detailed development process. This 22 acres is part of the overall plan that has already been approved by the Council. The concerns expressed this evening are very relevant, and the details will be worked out in the process. Each individual plat will come before the Council. The Service Plan provides for water and wastewater services, and the sub-divider will pay for those improvements. Harry Gingham reported that when the pipe was put in and had to be redone, they had to dig 30' from the surface, and they had to use rock saws. Since that was done, the ground is caving in whenever any moisture is there. This indicates they have already broken into the aquifer. A much denser project will only harm the aquifer and area. There being no further comments, the Public Hearing was closed at 8:29 p.m. • MOTION: Upon a motion made by Councilmember Couch and a second by Councilmember Porterfield, the City Council voted six (6) for and one (1) opposed, with Councilmember Bose voting against, to adopt Ordinance 2009-30 on emergency, as previously captioned. The motion care ed. 19. Public Hearing to receive comments for and against approving a substantial amendment to the City of San Marcos 2008 CDBG Action Plan to provide funding in the amount of 5133,837 for downtown sidewalk improvements; and declaring an effective date• and consider adoption of Resolution 2009-78R. At approximately 8:54 p.m. Mayor Narvaiz opened the Public Hearing. Brian Montgomery, 106 Bogie Dr., President of the Down Town Association of San Marcos, stated their support of this item. He asked Council to consider other items such as strategic lighting, landscaping, additional parking, a coordinated graffiti abatement program, etc. There being no further comments, the Public Hearing was closed at 8:56 p.m. MOTION: Upon a motion made by Councilmember Jones and a second by Councilmember Couch, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution 2009- - 78R, as previously captioned. The motion carried unanimously. RM060209 Minutes Page 6