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