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Ordinance 2008 -49 was not reconsidered. 22. Reconsideration of Ordinance 2008 -50, adopted October 6, 2008, amending the official zoning map of the City to establish a Planned Development District overlay for 2.712 acre, more or less, tract of property located at 401 Fredericksburg, 210 -212 Pat Garrison, 408 Comanche and 418 Comanche with base zoning of Multi - family Residential; approving development standards for the Vintage San Marcos PDD; including procedural provisions and providing for penalties. Ordinance 2008 -50 was not reconsidered. 23. Public Hearing to consider comments for and against a development agreement submitted by NRP Properties, LLC, for Encino Point, a 19.68 acre, more or less development located at 1800 Post Road; authorizing the City Manager to execute a development agreement; and consider adoption of Resolution 2008 -154R. Mayor Narvaiz opened the Public Hearing at 4:08 p.m. on Monday, November 3, 2008. There being no comments, Mayor Narvaiz closed the Public Hearing at 4:08 p.m. MOTION: Upon a motion made by Councilmember Guerrero and a second by Councilmember Couch, the City Council voted five (5) for and one (1) opposed, with Councilmember Bose voting against and Councilmember Guerrero abstaining, to approve Resolution 2008 -154R, amended to authorize the City Manager to negotiate the terms of the development agreement and bring back to Council to broadly discuss policy. The motion carried. 24. Consider adoption of Resolution 2008 -155R, authorizing the City Manager to execute an amended and restated contract for collection and disposal of solid waste and recyclable materials with Texas Disposal Systems, Inc.; and declaring an effective date. MOTION: Upon a motion made by Councilmember Thomaides and a second by Councilmember Guerrero, the City Council voted seven (7) for and none (0) opposed, to approve Resolution 2008 -155R, as previously captioned, with the following amendments. The motion carried unanimously. 1.5.10 (C) amended to read: Providing company representatives to participate with City representatives at public events such as Business Expo, Earth Day, Public Works Week, and National Recycling Week. 1.5.10 (G) amended to read: TDS will develop an ongoing education program on recycling practices. 3.1.2 amended to read: The Residential Service Charge per month shall be $12.42, subject to: increase upon commencement of single stream recycling under Section 1.3.2.13, upward or • downward adjustments under Section 3.3. RM110308 Minutes Page 5 of 6