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HomeMy WebLinkAboutMIN 05.09.2000 CC-RThe City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor MaryEllen Kersch presiding. Council Present.4 Charles "Hors" Burson, Charlie Barton, Ferd Tonn, Lee Bain, Susan Hoyt, Clark Lyda, Shorty Valdez, Llorente F. Navarrette, Sam L. Pfiester Council Absent. All Council Members Present eorge Russell, Assistant City Manager; Marianne Banks, City Attorney; Shirley J. inn, Deputy City Secretary; Pablo Holguin, Director of Employment and rganizational Services, Ed Barry, Chief of Development Services; Tom Yantis, irector of Information Resources; Anthony Lincoln, Director of Fire Services, Debbie harbonneau, Main Street Manager, Lt, Kevin Stofle, Police Department, Laurie rewer, Senior Accountant; Wendy Walsh, Development Planner; Rebecca lainwright, Enterprise Applications Coordinator for Information Services; Lt. Clay hell, Fire Services, Scott Ingalls, Chief Current Development Planner, Cory Tchida, olice Services Executive Session 6:40 p.m. recessed to Executive Session. H Sec.551.071 consultation with attorney I Sec.551.072 deliberation on real property . Georgetown Independent School District lease expansion J Sec.551.086 deliberation regarding economic development . Rivery Regular Session 7:40 p.m. resumed Open Session. K Action from Executive Session There was no action from Executive Session at this time. City Council Meeting Minutes/ May 9, 2000 Page 1 of 9 Pages L Comments from Mayor regarding the following items: - Report on Town Hall Meeting on May 1, 2000 - Discussion regarding seating on the dais Mayor Kersch said that the Town Hall Meeting was outstanding and praised the Acting City Manager and Staff for all of their hard work. Mayor Kersch suggested using the video tape of the Town Hall Meeting for the Government 101 Class. Mayor Kersch confirmed with staff that 73 citizens attended the Town Hall Meeting. Mayor indicated that she thinks we should do more of these Town Hall Meetings. Mayor Kersch indicated that she would like to change the seating on the dais. She wants the Mayor Pro Tem on her immediate left. Hoss Burson also requested moving so that he could hear better. Susan Hoyt changed seating positions with Lee Bain and Hoss Burson changed seating positions with Clark Lyda. M Citizens Wishing to Address the Council and Responses from Councilmembers and/or Staff, if appropriate Gerry Anderson re. (1) the welfare of the City of Georgetown; (2) elections and election codes; (3) C.R. 115 and future plans for this road; (4) presentation of documentation that renters do contribute to the school system. Gerry Anderson of 1551 C.R. 104 congratulated the new members. He said that he did have confidence in some of the councilmembers despite problems in the past, and said that he thought they had the capability to be good representation for the community as long as they voted their conscience, though he suggested to the councilmembers that they not stick to their anti -growth position totally. Mr. Anderson indicated to the council that he was going to speak on several issues related to the welfare of Georgetown. He told the council he was going to read several open records requests as follows: (1) Cost of last City Election, why it was held on May 6 and whether the City could combine the elections with the County in order to save money? (2) Requested information from the Georgetown Fire Department on the amount of time that has been lost to the Clearview subdivision because of the one-way frontage road in front of the Candle Factory. (3) was concerned about the 2 police officers standing behind or beside him at the City Council Meeting on April 11, 2000 and wanted answers to some questions (4) Is a municipal airport a necessary governmental function? (5) Has city staff applied for an extension of the grant to build an airport terminal? (6) Is it a conflict of interest of a councilmember to be active in business at the Airport and vote on issues about the airport terminal? (7) How much has the city spent fighting the release of information on the subject of the Dove Springs Treatment Plant; Please Itemize all expenses ? (8) What legal expense will the City of Georgetown be faced with if it appeals the release of information to the United States Supreme Court? (9) Was the wastewater treatment plant engineered and built with all safety features to insure that treated water with active chlorine still present is not dumped into the creek ? 10) Have there been any fish kills down stream from the Dove Springs Treatment Plant? When, and did the Texas Department of Wildlife investigate? (11) Have there been any violations by OMI employees? If so, what were they and when did they occur? i Mayor Kersch welcomed everyone to the council meeting and gave a summary of the rules of the meeting. A Consideration of appointment of a canvassing team of councilmembers to canvass the results of the May 6, 2000 General Election -- Mayor Kersch Mayor Kersch appointed Clark Lyda, Susan Hoyt and Lee Bain to the canvassing team. The canvassing team left the dais. When they returned, Lee Bain said that the tabulations were correct. Llorente Navarrette had 258 votes, Shorty Valdez had 93 votes, Sam L Pfiester had 444 votes, and Bob Bruner had 283 votes. Total vote of 1,078 votes. B Consideration of approval of an ordinance canvassing the votes for the May 6, 2000 General Election and declaring the election results to be official --Emergency Reading -- Sandra Lee Shirley Rinn read the ordinance on emergency reading. Motion by Tonn, second by Barton to approve Ordinance No. 2000-24, as corrected to show that the date of the ordinance is May 9, 2000 and not May 6, 2000. Approved 7-0. City Council Meeting Minutes/ May 9, 2000 Page 2 of 9 Pages C Comments by outgoing Councilmember{s} Charlie Barton thanked the City Staff, for their support over the last three years. He told the councilmembers he appreciated the opportunity to have served with them during a tremendous time of change in Georgetown. He also wished the new councilmembers good luck with their service. Shorty thanked everyone for helping him with his campaign and those that voted for him. He said that he was not disappointed with the outcome because he gets to be with his family and take care of his health. He said that that Llorente would represent the district well and wished him well. Mayor Kersch presented tokens of appreciation to both Charlie Barton and Shorty Valdez. D Swearing in of new Councilmembers -- Sandra Lee The Oath of Office was given to Llorente F. Navarrette by Steve Benton good start. Oath of Office was given to Sam L. Pfiester by Dale Illig The E Comments by incoming Councilmembers Navarrette told the audience that he was the 1st office holder to be sworn in by Judge Benton, Justice of Peace for Precinct 3. He also told the audience that he had worked for Judge Benton when he first got out of college, and how much he appreciated his help. Also, he said that Judge Benton mentored his younger brother as well and thanked him for swearing him in. Llorente told the audience he never had any hand written notes during the campaign because he didn't need to. He was running in a district that he grew up in and currently lives in, so the issues in Georgetown came naturally. He talked about some of the issues discussed during his campaign. He thanked all of his supporters, friends, family, and his mother and father, who taught him what Georgetown is all about. He told the audience he was willing to work for them and stated he would work on issues he discussed in his campaign and looked forward to working with other Councilmembers. Pfiester told the audience that he was humbled and honored to preserve, protect and defend the Constitution of the United States. Pfiester thanked the "A -Team" - the dedicated, bright, beautiful, intelligent hard working citizens that helped him with his campaign. He said that having an "A -team" behind him was a key point in winning the campaign. He said that he would to the best of his ability preserve, protect and defend the what he considers the character and quality of life for this town. F Consideration of Election of Mayor Pro Tem -- Mayor Kersch Mayor Kersch described the duties of a Mayor Pro Tem and the procedure for nominating a candidate for Mayor Pro Tem. Motion by Lyda, second by Burson to nominate Councilmember Lee Bain as Mayor Pro Tem. Approved 7-0. G Swearing in of Mayor Pro Tem -- Sandra Lee Bain thanked the council for having confidence in him to place him in this position and would do his best to serve the community. Lee Bain thanked Charlie and Shorty for their service and welcomed the new councilmembers. He also thanked Ferd Tonn for his service as Mayor Pro Tem in the past and hopes that he can fulfill his duties. Mayor Kersch thanked Lee for agreeing to serve and thanked Ferd Tonn for his years of service. She said that it was going to be a busy year and that the council seemed to be off to a good start. The Oath of Office was given to Lee Bain by Shirley Rinn. N Consideration of approval of the minutes for the Regular Council Meeting on April 25, 2000 -- Sandra D. Lee City Council Meeting Minutes/ May 9, 2000 Page 3 of 9 Pages Navarrette and Pfiester were going to abstain from the vote because they were not on the council at the prior meeting. However, Marianne Banks informed council that the ordinance did not allow an abstention in the event someone was absent from a meeting. There was some discussion about possibly changing the policy regarding abstention in the future. Motion by Tonn, second by Bain to approve the minutes with the correction as noted by Mayor Kersch on Item X on Page 8. Approved 7-0. i 1••. - -�• • Ilii • ••- • • •- Tom Yantis spoke for Mickie Rundell on the budget report. Tom told council that the Town Hall Meeting was a success and everyone should be proud of that accomplishment. He said that it was a very positive experience and that staff enjoyed being a part of it. He said that the Ranking Meetings would be Wednesday, May 10, 2000 and Thursday, May 11, 2000. The information obtained from the website, public comment from forms made available throughout the city offices and at the Red Poppy Festival, and the town hall meeting would be utilized during the ranking meetings. He said that base budget preparation and revenue projections would be completed over the next several weeks. He said that staff would be requesting council workshops to get the budget information to council. George Russell said that he had met with Mickie Rundell and that staffing issues have addressed for ranking meetings. Mayor Kersch said that her understanding of the first ranking meeting was that it would primarily be a brain storming session and a laying out of things council wants to do related to policy. She said she was happy with the way the process is going. P Consideration of authorizing staff to negotiate a professional services agreement with Salvaggio and Associates to assist with development and release of a request for proposal; vendor proposal evaluation and selection; and contract negotiations for an integrated Human Resources, Financial and Utility Billing/CIS computer system -- Tom Yantis Tom Yantis explained to the Council the need to negotiate a contract with a consultant to assist them with the development and release of a request for proposal; vendor proposal evaluation and selection; and contract negotiations for an integrated Human Resources, Financial and Utility Billing/CIS computer system. He gave a presentation regarding the need for and goals for implementing an integrated Human Resources, Financial and Utility Billing/CIS computer system. Tom provided two letters of recommendations from City of Round Rock and City of Victoria. He indicated that the goal is to complete implementation by January 1, 2002 (The date of electric deregulation). He said that once electric deregulation takes place (if the city opts in) the billing system would need to allow unbundled billing, which is not currently available with the current system. He said that in either case the decision has been made to go forward with implementing a new billing system that would allow the unbundled billing because of the time factors involved in getting the system in place. Tom also said that he suggested that all three of these systems (Human Resources, Financial and Utility Billing/CIS computer system) be integrated at the same time to save money and staff time. He said that the CIS computer system and the Financial Utility Billing systems would be directly tied together, so it made sense to do them at the same time, especially since the Financial and Utility Billing system was up for replacement in this next fiscal year anyway. Additionally, he said that we currently do not have a system for Human Resources to deal with applicant tracking and benefits administration. He said that three years ago money had been appropriated for a Human Resources Information System but for numerous reasons the project was stalled. However, some of that money is still out there to move forward on this system as well. He said that he feels the city is in a unique position to get an integrated system that will meet the needs of the city and closely tied together. He discussed the requirements of the project. He said that the staff has been gathering information for evaluation and has talked to cities and counties who have implemented this type of system over the last several years, talked to software vendors and reviewed several software demonstrations, made a site visit to New Braunfels to study its CIS system. He said that the City needs to determine which vendor(s) to use. He said it would benefit the City to use a consultant experienced with Request for Proposal creation, experience with outside vendors, and who can save money during contract negotiations. Linda Coulter with Salvaggio and Associates talked briefly to the Council about Salvaggio's experience with government and municipal organizations. Tom Yantis then talked about the timeline for implementing the system. The goal is to have cost estimates by July 2000 in time for budget balancing. Bain asked for a ballpark figure of the cost. Tom said it depends on how the city implements the system and whether or not the City used a Tier 1 or Tier 2 Vendor or any combination thereof. He said it could be anywhere between $300,000 to 1 million. Mayor Kersch wanted City Council Meeting Minutes/ May 9, 2000 Page 4 of 9 Pages to know when implementation would take place once everything was done. Tom told her it would probably be in November 2000. George clarified that staff was asking at this time for authorization to negotiate the contract and that at the point a contract was negotiated, it would have to come back to council for approval. He also explained the new councilmembers that there has been a team working on this process for some time and that a tremendous amount of staff time to get us to this point. Navarrette wanted to know if we could get some actual dollar figures from the City of Round Rock and the City of Victoria for similar systems that were implemented. Yantis and Salvaggio told him they would get the figures to council. Motion by Bain, second by Lyda to approve authorizing staff to negotiate a professional services agreement with Salvaggio and Associates. Approved 7-0. Q Second Reading of an ordinance amending Chapter 10.16.080 of the Code of Ordinances regarding the parking of commercial vehicles -- Marianne Banks Marianne Banks read the caption of the ordinance on second reading. Motion by Tonn, Second by Bain to approve Ordinance No. 2000-25. Approved 7-0. R Second Reading of an ordinance repealing Chapter 15.36 of the Code of Ordinances entitled "Building Numbering" and adoption of a new Chapter 15.36 entitled "Street Naming and Site Addressing" to establish a uniform street naming and site addressing system for the City -- Rebecca Wainwright and Tom Yantis Lt. Clay Shell read the caption of the ordinance on second reading. Navarrette said that it was his recollection that the city three or so years ago went around to the citizens and encouraged the citizens to put their house numbers on the curb. He said that he noticed that numbers on the curb would not be sufficient under the new ordinance and wanted to know if the City was going to change that or go around to the citizens and explain it. Lt. Shell said that the original ordinance said that the numbers needed to be visible on the house, which will remain the same. He said that while citizens are certainly welcome to paint the curb, the City does not recognize curb painting because of parked cars being in the way and not being able to see the address on the curb. He said that what is recognized for residential houses is the number on the house, or on both sides of the mailboxes. Rebecca Wainwright said that the team they really tried to target every aspect of addressing in the City of Georgetown. She said that team members included staff from Development Services, Fire Services and the Police Department in order to try and target every aspect. Marianne Banks said she didn't know that the City actually ever required the curb painting. She said that there was a solicitor who did not have a permit who went around saying that it was a city requirement and actually had a sign that indicated that. Navarrette said that maybe it was a volunteer effort, but he really thought it was the Fire Department. Lt. Shell said that the Fire Department has encouraged having the number on the house but not on the curbs. Navarrette wanted to know what the time frame for implementation. Lt. Shell said that right now they were primarily focusing on new growth. He said that they would be working on a program to get the word out to the existing neighborhoods. He said that getting the word out could be accomplished through community programs. • t • i • '• • onI I I ll• • .•• • I!'r• c 111 . •• • -• 1 S Second reading of an ordinance Rezoning Block 37, Lots 1,2,3,4,6,7; Block 38, Lots 5,6,7,8; Block 39, Lots 1,4,5,6,7,8; Block 40, Lots 1,4,5,8; Block 41, Lots 2,3,6,7: Block 50, Lots 1,2,3,4,6,7; Block 51, Lots 5,6,7,8; and Block 52, Lots 1,4,5,6,7,8; of the City of Georgetown, to "H" Town Square Historical District -- Wendy Walsh and Ed Barry Wendy Walsh read the caption of the ordinance on second reading. Motion by Lyda, second by Pfiester to approve Ordinance No. 2000-27. Approved 7-0. T Second Reading of an ordinance amending the Sign Ordinance to include standards for implementation of the Urban Design Element of the Century Plan, with regard to the design, location, construction and permitting of signs within the City of Georgetown and it's extraterritorial jurisdiction -- Charlie Barton, Charles "Noss" Burson, and Clark Lyda City Council Meeting Minutes/ May 9, 2000 Page 5 of 9 Pages Ed Barry read the caption of the ordinance on second reading. Navarrette asked what would happen if we did away with the sunset provision. Marianne Banks told him that if a substantive change were made to the ordinance it would have to come back for another second reading. Ed Barry confirmed that by extending the life of the ordinance it would be considered a substantive change. Navarratte wanted to know what would happen if we approved this ordinance tonight and came back in another month and amend the ordinance. Navarratte said he that he thought the sunset provision needed to be done away with. He said he would vote for the motion. However, his intent is bring the ordinance back to amend it and drop the sunset provision. Bain told him that we had the option to come back within six months to see how the ordinance worked. Then, at that point, the council could either rewrite the, extend it as necessary, or do away with it. Ed Barry agreed with Bain. He suggested they come back in about 5 months to see if modifications needed to be made and then readopt the ordinance. At that point the council could decide if they wanted to adopt another sunset, extend the sunset, or even do away with the sunset. Navarrette said he'd like to go ahead and make a decision as to what the ordinance is going to be long-term because he is concerned that citizens will be placed in a situation where they will want to wait and see what happens in 5 or 6 months instead of going on ahead and starting their permitting process. He said he concerned that there won't be a level playing field for those folks who go ahead and start their permitting process now as opposed to waiting He indicated he would vote for the ordinance so that it would go ahead and be on the books Lyda wanted to know if the effective date would be May 9, 2000. Marianne Banks informed him that the effective date would be ten days after publication, which would be in about 15 days based on the Williamson County Sun's publication schedule. Motion by Tonn, second by Lyda to approve Ordinance No. 2000-28. Approved 7-0. U Emergency Reading of an ordinance providing for the second four-month extension of the suspension of the receipt for review and approval of new applications for manufactured housing developments within the jurisdiction of the City and its Extra Territorial Jurisdiction -- Clyde von Rosenberg and Ed Barry Clyde told council that the Housing Plan Working Group has been working on the recommended revisions to the manufactured housing regulations. He said that on April 11, 2000 a resolution in support of development of those regulations. He told council that this extension would allow additional time for those regulations to be written, reviewed, placed before public hearings before it comes back to council in ordinance form. Clyde von Rosenberg read the caption of an ordinance providing for the second four-month extension of the suspension of the receipt for review and approval of new applications for manufactured housing developments within the jurisdiction of the City and its Extra Territorialan developing regulations on emergency reading. Motion by Tonn, second by Hoyt to approve Ordinance No. 2000-29 ordinance providing for the second four-month extension of the suspension of the receipt for review and approval of new applications for manufactured housing developments Approved 7-0. Lyda asked if the council had to do a vote on the emergency declaration. Marianne Banks determined that a vote on the emergency reading was not necessary. V First Reading of an ordinance amending the 1999/2000 Annual Operating Plan Element (budget) for various mid year adjustments as outlined during the May 3, 2000 Mid -Year Review Report to Council -- Micki Rundell Laurie Brewer read the caption on first reading. Bain said that the ordinance says that the City Charter allows for changes in the annual operating plan by a council majority plus one in an emergency situation. He asked if this was an emergency situation. City Council Meeting Minutes/ May 9, 2000 Page 6 of 9 Pages Laurie Brewer told him that her understanding of an emergency was an unforeseen item that came up during the year that they had no way of knowing about during the planning process. Bain said that since the ordinance was posted as a first reading and since it is coming back as a second reading is it really a correct statement to call it an emergency and is a majority vote plus one really a correct requirement. Marianne Banks read from the Charter and determined that while this ordinance would not be considered an emergency, any budget amendments require a majority vote plus one. Navarrette wanted to know if it was standard practice to budget amendments mid -year and were the amendments usually lumped together like they are in this ordinance. He indicated that this was a difficult meeting for him since some of these items have already been determined by council prior to this meeting. He further indicated that he does not agree with budget amendments mid -year. He hopes to discuss changes in the process during the upcoming budget meetings. Sam Pfiester asked if the $2.8 million was an ordinary or extraordinary number. Laurie Brewer explained that the majority of the $2 million was the timing of capital projects expenditures. These were projects that the staff thought would be under contract at the end of last year but were not. So, the money is sitting in the fund and the money is just being rolled forward to fund the approved project. Laurie explained that both the project and the expenditure have been approved, however the timing of the project was off. The projects were budgeted in last year's budget, but the projects were not actually approved until this year so the appropriation rolled over into this year. Sam wanted to know if the numbers were adjusted upward because of the timing. Laurie indicated that they had been. She gave an explanation of the process of appropriations and timing of projects. Laurie said that they would like to be able to appropriate funds on a projects budget. However, the charter won't allow them to do it. Since the charter only allows the appropriation of funds on an annual basis, it sometime necessitates them having to do these mid -year adjustments. George Russell added that traditionally we have done a mid -year review. However, he said that in the future we are looking at doing a quarterly review of the budget to let the council know the status of the projects. Laurie also said that grants also come up during the year. She said that even though the grants are revenue neutral, we still have to have an appropriation to spend that grant money. Lyda wanted to know if we could split the Amendments. He said that he wanted to vote against one of the amendments, but he really didn't want to vote against the whole package. Marianne Banks determined that the amendments could be split up. Lyda asked that the lighting for the athletic complex be separated from the rest of the amendments. Bain wanted to know if a motion approving all items *assept except the athletic complex lighting were approved would they be able to go back and move for the athletic field lighting to be approved as a separate item. Marianne indicated that the items would be divided and voted on separately. *As corrected by Mayor Kersch. Motion by Lyda, second by Bain to approve on first reading all of the budget amendments with exception to the athletic complex lighting. Approved 5-2. Opposed Llorente and Pfiester Motion by Bain, second by Hoyt to approve on first reading the amendment regarding the athletic complex lighting. Motion fails 3-4. Opposed by Lyda, Pfiester, Navarrette & Burson George Russell let council know that the athletic complex lighting was approved by council at a prior meeting. He said that his understanding was that based upon that approval, work has been started on the project. There was discussion among the council about how to resolve this issue. Clark indicated that making a forward funding commitment before another council was always a problem. George Russell indicated that he understood the concern. Bain indicated that it was a timing issue because they were trying to get all of the work done while the construction was going on. Mayor Kersch wanted to discuss how to resolve this issue. It was determined that there is a signed contract that has been approved and that the City has already made the commitment for the sale of bonds. Navarrette wanted to know how that happened. Mayor Kersch explained that there an item on the agenda to approve the contract, which the council did. Navarrette wanted to know how come the item was on this agenda as well. Marianne Banks explained that the contract was approved at the prior meeting. However, the appropriation and funds in the budget had not been approved at that point. She went on to say that any budget items that are changed City Council Meeting Minutes/ May 9, 2000 Page 7 of 9 Pages reimbursement resolution had been passed on the athletic complex lighting, which meant that the project would be paid out of current funds, but reimbursed out of bond proceeds next year or the year after, which he indicated he was opposed to. Mayor Kersch also indicated that she had also a problem with the way the athletic complex lighting was funded. She said that she didn't think that it was the way to do business. However, despite that, she said that the City has a contractual obligation and this situation is very problematic. Lyda then indicated that he had made his point and asked to make a motion to reconsider. Lyda indicated that the City shouldn't do business the way it has been doing it. There was discussion among the council regarding the circumstances surrounding the project, the timing and other budget issues. Lyda indicated that he did not think it was not good public policy to have handled the project the way it was handled. Navarrette said that he was at the meeting this item was approved. He said that was the reason he didn't like mid -year review. He said that you find yourself in situations and your hands get tied, which isn't a good feeling for council or staff. Navarrette indicated he would vote against this item. Motion by Lyda, second by Bain to reconsider motion to approve the budget amendment regarding the athletic complex lighting. Approved 5-2. Opposed by Navarrette and Pfiester. obligation Motion by Bain, second by Hoyt to approve on first reading the budget amendment regarding the athletic complex lighting. Approved 5-2. Opposed by Navarrette and Pfiester. Mayor Kersch reiterated that she is against it and was also against it at the time it was voted on. However the City has a contractual obligation it must meet. Marianne Banks asked the council to clarify whether or not the budget amendments needed to be separated in a like manner for the second reading. Lyda indicated that he would like to see the items separated. Sam Pfiester asked what would of happened had the item failed. Marianne Banks indicated that she had not researched that issue, but that obviously the City had a contractual obligation. She went on to say that the process could be changed to approve appropriations prior to approving agreements. Pfiester wanted clarification that since the Council approved the contract that the City would have been liable if the appropriations amendment had failed.. Laurie Brewer said that had the amendment not been approved, then the line item would have been over budget and Lyda indicated that the Charter prohibits a line item to be over budget Marianne indicated that there were various issues to look at and at this time couldn't give a full range of answers, but it would have been a problem. George Russell also indicated that the City would be liable for the funds that had already submitted before the project could have been stopped and that the City would have been over budget Mayor Kersch said that as we look at changes to policy and procedure we need look carefully at this issue. W First Reading of an Ordinance to amend the Century Plan for River Hills, Section 4 and The Rivery, Lots 1, 2 and 3, from Intensity Levels 3, 4, 5 and 6 to Intensity Level 5, to be know as The Rivery, Phase 1, located on IH35 and Rivery Boulevard -- Scott Ingalls and Ed Barry Mayor Kersch informed council that Item W has been removed at the request of staff. Motion by Lyda, second by Navarrette to defer item W indefinitely, but to be brought back before council by applicants in an amount of time not to exceed six months from this meeting date. Approved 7-0 X First Reading of an Ordinance to Rezone Rivery Subdivision, Lots 2 and 3, from C -2A, Commercial First Height Restricted to C -2A, Commercial First Height Restricted to allow multifamily residential, and C-213, Commercial Second Height, or any more restrictive district, to be known as The Rivery Park, located on South IH35 along the proposed Rivery Boulevard -- Scott Ingalls and Ed Barry George Russell said that the City has a written letter from the Malony Group and a verbal request made to himself and Ed Barry from the Weber Group that the items be deferred. Bain asked if either of these groups were present at the meeting. Marianne Banks checked in the audience to determine if either of the Rivery Groups were present. Marianne indicated that the Limited Partners for the Maloney Group were outside, but they said that they didn't have the authority to make decisions and City Council Meeting Minutes/ May 9, 2000 Page 8 of 9 Pages that the General Partner makes the decisions. Ed Barry confirmed that the letter from the Malony group asked to be removed from the Agenda. There was discussion amongst the council regarding the difference between withdrawal, tabling and deferment of the item. Marianne Banks recommended that the item be deferred because if it were withdrawn the process would have to start over from the beginning. Motion by Pfiester, Second by Lyda to defer items X -Y indefinitely, but to be brought back before council by applicants in an amount of time not to exceed six months from the date of this meeting. Approved 7-0. Y Consideration of a Concept Plan for Rivery Subdivision, Lots 2 and 3, to be known as The Rivery Park, located on South IH35 along the proposed Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Pfiester, Second by Lyda to defer items X -Y indefinitely, but to be brought back before council by applicants in an amount of time not to exceed six months from the date of this meeting. Approved 7-0. Z Consideration to defer First Reading of an ordinance rezoning River Hills, Section 4, or a lesser amount, from RM -3, Residential -Office and Service District to C-1, Local Commercial; and a 40.55 acre portion, or a lesser amount, of the Rivery, Lot 1 from C -2A, Commercial First Height, Restricted to C -2A, Commercial First Height, removing the prohibition against residential use, or any more restrictive district -- Scott Ingalls and Ed Barry Motion by Lyda, Second by Bain to defer items Z -AA indefinitely, but to be brought back before Council by applicants in an amount of time not to exceed six months from the date of this meeting. Approved 7-0. AA Consideration to defer consideration of a Concept Plan for River Hills, Section 43 and The Rivery, Lot 1 and to be known as The Rivery, Phase 1, located on IH35 and Rivery Boulevard -- Scott Ingalls and Ed Barry Motion by Lyda, Second by Bain to defer items ZwAA indefinitely, but to be brought back before Council by applicants in an amount of time not to exceed 6 months from the date of this meeting. Approved 7-0. The meeting was adjourned at 09:00 PM. City Council Meeting Minutes/ May 9, 2000 Page 9 of 9 Pages VA Secretary Sandra Lee