Closed Caption Log, Council Meeting, 08/02/01

>> SURESHAWARI DEVI FROM BARSANA DHAM WILL GIVE THE INVOCATION.

>> THE UNDERSTANDING IS THAT THESE INVOCATIONS WERE REVEALED MOST RECENTLY 5,000 YEARS AGO. I WILL EXPLAIN IN ENGLISH FOLLOWING THE INVOCATION. (CHANTING IN FOREIGN LANGUAGE) (music)(music)

>> MAY THERE BE PEACE IN THE ATMOSPHERE. PEACE IN THE HEAVENS. AND PEACE ON EARTH. PEACEFUL BE THE WATERS, HERBS AND PLANTS. MAY THE DEFINE BRING PEACE TO US. -- DEVINE BRING PEACE TO US, LET THE EARTH BE FULLY AUSPICIOUS, MAY WE BRING PEACE TO ALL.

>>MAYOR WATSON: THANK YOU VERY MUCH. WHEN THE -- WE HAVE A -- WHEN WE HAVE A QUORUM OF THE COUNCIL I WILL CALL THE MEETING TO ORDER. THANK YOU VERY MUCH.

>> STEP UP ON MY MIC A LITTLE BIT. I AM SOFT SPOKEN ENOUGH. BUT -- -- WHAT WE WILL DO FIRST COUNCIL IS BEFORE WE GO TO THE ITEMS, THE PRESENTATIONS, LET'S GO AHEAD AND GO TO THE CONSENT AGENDA. AND THE -- I'LL READ TO YOU THE ITEMS THAT I BELIEVE HAVE BEEN PULLED. ITEM NO. 14, 15, 27, 28, ALTHOUGH IT'S MY UNDERSTANDING THERE'S A MOTION TO POSTPONE, I WILL BRING THOSE UP IMMEDIATELY FOLLOWING THE CONSENT AGENDA TO SEE IF WE CAN VOTE ON THOSE AS A POSTPONEMENT. CHANGES AND CORRECTIONS TO THE AGENDA ITEM NO. 1, SHOULD INSTEAD OF SAYING MARCH 29TH, 2001, IT SHOULD SAY MARCH 23RD, 2000. ITEM NO. 33 IS POSTPONED INDEFINITELY. ITEM NO. 48 IS POSTPONED INDEFINITELY. ITEM NO. 52, I WILL READ AND SKIP AROUND, BUT I WILL GIVE YOU A COUPLE OF CHANGES ON THAT. ITEM NO. 52 BEGINS SET PUBLIC HEARINGS FOR THE FULL PURPOSE ANNEXATION OF THE FOLLOWING ANNEXATION AREAS AND THEN WHEN YOU GET TO THE ONE THAT SAYS AVERY RANCH AREAS, IT SHOULD READ "APPROXIMATELY -- INSTEAD OF 349, DELETE THAT AND PUT "352 ACRES." WHEN YOU GET TO -- DELETE THE INNER PORT TRACT, APPROXIMATELY 239 ACRES IN SOUTHEAST TRAVIS COUNTY EXTENDING IN THE EXISTING CITY LIMITS OF SH71 AND EAST OF FALLWELL LANE, DELETE THAT. ITEMS THAT ARE SET FOR A TIME CERTAIN, 1:30 GENERAL CITIZENS COMMUNICATIONS, 3:30 BOARD OF DIRECTORS MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION, ZONINGS ITEMS AT 4:00, 5:30, LIVE MUSIC AND PROCLAMATION HIS. AT 6:00 PUBLIC HEARINGS ON ITEM 84, 85, 86, 87, 88, AND 89 AND 90. ALSO NOTICE THAT THERE IS A SPECIAL CALLED MEETING AND THAT SPECIAL CALLED MEETING HAS ONE ITEM ON IT. WHAT WE WILL DO IS FOLLOWING THE PUBLIC HEARINGS, WE WILL -- THE PUBLIC HEARINGS THAT ARE ON THE REGULAR CALLED MEETING, IS I WILL CALL AT THAT TIME FOR A MOTION TO RECESS TO GO INTO EXECUTIVE SESSION, THEN WE WILL CALL UP THE SPECIAL CALLED MEETING AND DEAL WITH ITEM NO. 1. THE CONSENT AGENDA, ITEM NO. 15 CAN BE PUT BACK ON. SO THOSE -- LET ME READ TO YOU THE CONSENT AGENDA. ITEM NO. 13 ON SECOND AND THIRD READING, ITEM NO. 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 WITH THE CHANGES AND CORRECTION THAT HAVE BEEN PRESENTED AS PART OF YOUR BACKUP BY THE COMMUNITY DEVELOPMENT OFFICER AND I BELIEVE EVERYBODY HAS A COPY OF THAT, 29, 30, 31, 32, 33 WILL BE POSTPONED INDEFINITELY. 34, 35, 36, 37, 38, 39, 40, 41, 42, 4 33, 44, 45, 46, 47, 48, AN INDEFINITE POSTPONEMENT, 49, 50, 51, 52 WITH THE CHANGES AND CORRECTIONS THAT I HAVE READ, 53, 54, 55, 56, 57, -- (PHONE RINGING) WHOOPS, SORRY ABOUT THAT, I GET MAD WHEN OTHER PEOPLE DO THAT. (CORRECTION THAT WAS 42, 43, 44) THEN ITEM NO. 91, LET ME READ THE BOARD COMMISSIONS AND APPOINTMENTS. ANIMAL ADVISORY BOARD KIM EPERCIVAL, BUILDING AND FIRE CODE, REAPPOINTMENT BY CONSENSUS, BUILDING STANDARDS COMMISSION, DECKER A.AYERS, BEBE ROBERT BROWN, GILBERT MARTINEZ, AN ALTERNATE APPOINTMENT BY CONSENSUS, CENTER FOR MEXICAN AMERICAN CULTURAL ARTS, MALISSA, AN APPOINTMENT BY CONSENSUS, GONZALEZ, JUAN RODRIGUEZ AND SALLY VALUE LAS QUESTION APPOINTMENTS BY CONSENSUS, CHILD CARE COUNCIL, BUT REAPPOINTMENTS BY CONSENSUS, SUE ANN CARPENTER AND HOUSTON. HISTORIC LANDMARK COMMISSION, ALL FOUR REAPPOINTMENTS ALL BY CONSENSUS. (READING INTO RECORD) (READING APPOINTMENTS INTO THE RECORD)

>>MAYOR WATSON: THAT WILL BE THE CONSENT AGENDA, IS THERE A MOTION TO ADOPT THE CONSENT AGENDA AS READ?

>>SLUSHER: SO MOVE.

>>GRIFFITH: SECOND.

>> MOTION MADE BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER GRIFFITH. HANG ON ONE SECOND. COUPLE, I LEFT OFF ITEM NO. 92, WHICH IS ON THE ADDENDUM. COUNCILMEMBER SLUSHER, DO YOU CONSIDER THAT A FRIENDLY AMENDMENT TO ADD TO THE CONSENT AGENDA?

>>SLUSHER: CERTAINLY, MAYOR.

>>MAYOR WATSON: COUNCILMEMBER GRIFFITH DO YOU CONSIDER THAT A FRIENDLY AMENDMENT?

>>SLUSHER: I'M SORRY, WHAT NUMBER DID YOU SAY?

>>SLUSHER: YES.

>>MAYOR WATSON: COUNCILMEMBER GRIFFITH DO YOU CONSIDER THAT A FRIENDLY AMENDMENT?

>>GRIFFITH: YES, SIR.

>>MAYOR WATSON: THAT WILL BE PART OF THE CONSENT AGENDA, ALSO. THERE ARE A COUPLE OF PEOPLE SIGNED UP TO SPEAK ON THE CONSENT AGENDA.

>>GOODMAN: MAYOR, I WOULD LIKE TO SAY SOMETHING ABOUT 36.

>>MAYOR WATSON: OKAY. ON ITEM NO. 56, SUSANA ALMANZA.

>> GOOD MORNING, MAYOR AND CITY COUNCILLMEMBERS. THIS ORDINANCE WAS PRESENTED TO YOU ALL LAST WEEK. I WAS JUST WONDERING SINCE THERE IS GOING -- IN THE 30 DAYS, IF POSSIBLE, IT COULD BE 14 DAYS INSTEAD OF 30 DAYS BECAUSE I KNOW THAT -- THAT THE COUNCIL IS GOING TO BE HAVING BUDGET MEETINGS AND IT WILL BE COMING BACK IN SEPTEMBER. THEN THERE'S ONLY ONE MEETING LEFT AT THE END OF SEPTEMBER, SO I'M JUST -- ASKING FOR THAT CONSIDERATION. I THINK IT'S A REAL GOOD ORDINANCE AND IT NEEDS TO BE REVIEWED AND BROUGHT BACK TO THE CITY COUNCILL. AND SO THOSE ARE MY COMMENTS. THANK YOU.

>>MAYOR WATSON: THANK YOU, MS. ALMANZA. THE ONLY CONCERN -- I HEAR YOU IN TERMS OF WANTING TO HAVE A RAPID REPLY ON WHETHER THIS IS WORKABLE, HOW WE GO ABOUT IT. IS MY CONCERN IS THAT THERE ARE QUITE A FEW LEGAL ISSUES THAT NEED TO BE LOOKED INTO AND IF WE SET THE 14TH, SET 14 DAYS, WE MAY ENDS TURNING RIGHT AROUND AND DOING IT, NOT BEING ABLE TO ACHIEVE THAT. I THINK MORE REALISTIC, WHEN WE TALKED ABOUT WHAT WAS A REALISTIC TIME AND THE QUICKEST REALISTIC TIME, THIS IS PRETTY MUCH WHAT WE CAME UP WITH. BUT WE SHARE -- OBVIOUSLY BY THE FACT THAT IT'S ON THE CONSENT AGENDA, WE SHARE YOUR ISSUE HERE.

>>ALVAREZ: MAYOR, JUST RELATED TO THAT, I HAVEN'T LOOKED AT THE SPECIFIC LANGUAGE, BUT DOES IT SAY THAT WE GET -- DOES IT HAVE TO BE A REPORT BACK AT THE CITY COUNCIL MEETING, OR JUST A REPORT BACK TO COUNCIL AFTER 30 DAYS.

>>MAYOR WATSON: REALLY JUST A REPORT BACK TO COUNCIL. WE CAN DO IT EITHER WAY.

>>ALVAREZ: BECAUSE I THINK, YEAH, I GUESS THAT'S WHERE YOU MIGHT GET SLOWED DOWN, BRING IT BACK AS A REPORT, THEN DECIDE WHEN YOU ARE GOING TO BRING IT BACK FOR ACTION. MAYBE WE CAN JUST GET A LEGAL --

>>MAYOR WATSON: HERE'S WHAT WE WILL DO. THE VOTE WITH ITEM NO. 56 WITH REGARD TO THE RESOLUTION TO GET A REPORT BACK TO COUNCIL. THE REPORT BACK TO COUNCIL DOES NOT REQUIRE THAT THE REPORT BE AN ORAL REPORT AT THE TIME OF COUNCIL MEETING. ON THE CONSENT AGENDA MOTION, COUNCILMEMBER GRIFFITH, ONE OF THE APPOINTMENTS -- COUNCILMEMBER GRIFFITH, HER APPOINTMENT TO THE ZONING AND PLANNING COMMISSION, SHE WOULD LIKE TO DEFER THAT APPOINTMENT TO A LATER DATE. COUNCILMEMBER SLUSHER WILL YOU CONSIDER THAT TO AN FRIENDLY AMENDMENT?

>>SLUSHER: [INAUDIBLE].

>>MAYOR WATSON: SINCE THE MAKER OF THE SECOND IS THE ONE REQUESTING THAT, THAT WILL NOT BE PASSED AS PART OF THE CONSENT AGENDA. MAYOR PRO TEM?

>>GOODMAN: THANKS, MAYOR. ON ITEM NO. 36, AND 48, WHICH WAS PULLED, IT'S ABOUT THE DAVE WAYS WE DO OUR STREETS, REPAVING, ASPHALT, SO ON. SO I WOULD LIKE TO ASK THE CITY MANAGER IF IN BETWEEN NOW AND WHENEVER WE MAKE DECISIONS LIKE THIS AGAIN, WHEN A CONTRACT COMES UP, IF WE CAN BE LOOKING AROUND TO SEE WHAT OTHER CITIES ARE DOING RELATIVE TO [INAUDIBLE] THE MITIGATION AND WHETHER THEY ARE MORE REFLECTIVE OR TINTED SEALERS, THAT OTHERS ARE EXPERIMENTED -- EXPERIMENTING WITH THAT WE CAN ALSO LOOK TO.

>>MAYOR WATSON: THANK YOU. IS THERE ANY FURTHER DISCUSSION ON THE CONSENT AGENDA AS READ?

>>WINN: MAYOR?

>>MAYOR WATSON: YES, COUNCILMEMBER WYNN.

>>WINN: FIRST AND FOREMOST SHOW ME ABSTAINING ON ITEM NO. 1 I WASN'T ON THE COUNCIL AT THE TIME, DON'T FEEL COMFORTABLE VOTING FOR MINUTES. ON ITEM NO. 13TH, THIS IS A CURE ZONING APPROVAL AND THIS IS WITH THE BANK OF AMERICA CENTER AT 6TH AND 5TH AND CONGRESS. I'VE -- I'VE BEEN IN SEVERAL DISCUSSIONS WITH THE APPLICANT AND HE HAS FORWARDED ON A LETTER TO ME THAT I WOULD LIKE TO INCLUDE IN THE RECORD. I WILL READ FOR THE RECORD JUST ESSENTIALLY THE ONE SENTENCE THAT IS APPLICABLE HERE. THIS LETTER EVIDENCES HEINZ WAIVER OF ANY CLAIM OR CAUSE OF ACTION AGAINST THE CITY OF AUSTIN FOR ANY COSTS THAT IT MIGHT INCUR TO RECONSTRUCT, RECONFIGURE OR REQUIP ITS EXISTING OR PROPOSED NEW PARKING GARAGE IN ORDER TO ACCOMMODATE TWO-WAY TRAFFIC ON FIFTH AND SIXTH STREET. THE ISSUE BEING AS PART OF A GREAT STREETS PROGRAM SOME DOWNTOWN STREETS ARE BEING CONTEMPLATED AS PERHAPS BEING CONVERTED TO TWO-WAY STREETS. IN THIS CASE THE APPLICANT IS SAYING THEY WILL NOT SEEK ANY DAMAGES TO THE CITY IF THEY HAVE TO GO IN AND RECONFIGURE THEIR EXISTING PARKING GARAGE. I WOULD LIKE TO INCLUDE THAT IN THE RECORD PLEASE.

>>MAYOR WATSON: THAT WILL BE INCLUDED, THANK YOU, COUNCILMEMBER. ANY FURTHER DISCUSSION ON THE CONSENT AGENDA? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES ON THE CONSENT AGENDA AS READ WITH COUNCILMEMBER THOMAS BEING SHOWN ABSENT AND FOR THE RECORD COUNCILMEMBER THOMAS WILL NOT BE ABLE TO BE AT THIS MEETING TODAY BECAUSE OF ILLNESS AND SO I WILL NOT CALL THAT OUT ON EACH VOTE, BUT THE MINUTES WILL REFLECT THAT HE IS NOT PRESENT FOR THOSE VOTES. COUPLE, LET'S NOW GO TO ITEMS 27 AND 28. THOSE ITEMS WERE PULLED, BUT THERE'S BEEN A REQUEST FOR A POSTPONEMENT UNTIL AUGUST 30TH. LET ME ASK IF THERE'S ANY OBJECTION TO A POSTPONEMENT OF THIS ITEM TO AUGUST 30TH, IN PARTICULAR BY THE COUNCILMEMBER THAT PULLED THE ITEMS. COUNCILMEMBER GRIFFITH, DO YOU HAVE ANY OBJECTION TO THE POSTPONEMENT OF ITEMS 27 AND 28 UNTIL AUGUST 30TH?

>>GRIFFITH: NO, SIR.

>>MAYOR WATSON: THEN I WILL ENTERTAIN A MOTION TO POSTPONE UNTIL AUGUST 30TH.

>>GOODMAN: MAYOR, CAN I KNOW THE REASON?

>>MAYOR WATSON: WELL, I WILL HAVE TO GET THE REASON FROM STAFF BECAUSE THE APPLICANT MADE A REQUEST FOR THE POSTPONEMENT.

>> GREG GUERNSEY WITH NEIGHBORHOOD PLANNING AND ZONING. THE POSTPONEMENT REQUEST READS THAT AFTER CONSIDERATION WE WISH TO EXTEND THE POSTPONEMENT UNTIL THE AUGUST 30TH MEETING. THIS WILL ALLOW MORE TIME TO RESOLVE SOME OUTSTANDING ISSUES AND I RECEIVED AN E-MAIL THIS MORNING FROM MR. CLARK HAMMOND THE PRESIDENT OF SOUTH RIVER CITY CITIZENS NEIGHBORHOOD ASSOCIATION, IT STATES: OUR NEIGHBORHOOD SUPPORTS THIS REQUEST FOR POSTPONEMENT, WE ARE GOING TO CONTINUE DISCUSSIONS WITH THE DEVELOPER OF THE PROPOSED PROJECT.

>>GOODMAN: DOES THAT MEAN THAT THEY WILL SUGGEST AMENDMENTS?

>> I'M NOT SURE. I HAVEN'T BEEN ABLE TO SPEAK WITH MR. HAMMOND. I KNOW THE AGENT FOR THE VINTAGE PROJECT IS HERE, IF YOU WOULD LIKE TO ASK HIM ANY QUESTIONS.

>>GOODMAN: IF I COULD JUST QUICKLY ASK, DO YOU THINK THAT THERE WILL BE A DIFFERENT PROPOSAL THAT THE NEIGHBORHOOD AND THE APPLICANT BRING BACK TO COUNCIL?

>> MAYOR PRO TEM, WE DID MEET WITH CLARK YESTERDAY, HAMMOND. AND THERE DOES SEEM TO BE SOME ROOM TO VISIT SOME OF THE ISSUES THAT HE'S CONCERNED WITH AND WE WILL BE DOING SO DURING THIS INTERIM PERIOD.

>>GOODMAN: THANK YOU.

>>MAYOR WATSON: IS THERE A MOTION TO POSTPONE ITEMS 27 AND 28. MOTION MADE BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. IS THERE A DISCUSSION? ANYONE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD? DOES ANYONE WISH TO BE HEARD ON THIS MOTION? ALL THOSE IN FAVOR SAY AYE, OPPOSED NO. MOTION CARRIES ON ITEMS NUMBER 27 AND 28. COUNCIL, WHAT THAT WILL DO IS TAKE US BACK TO -- LET'S GO BACK TO ITEM NO. 14. TAKE IT UP FIRST BEFORE WE GO TO THE BRIEFINGS, SEE IF WE CAN'T IN A RAPID FASHION MOVE THAT ONE ON SINCE IT'S ALREADY BEEN VOTED ON ONCE ON FIRST READING. MR. REIKE. ARE YOU GOING TO MAKE A BRIEF PRESENTATION?

>> GOOD MORNING, MAYOR AND COUNCIL, PETER REIKE DIRECTOR OF PUBLIC WORKS. SINCE THE LAST MEETING, MY STAFF HAS MET WITH SOUTHWESTERN BELL AND HAS LOOKED AT SOME 6 THEIR PROPOSED MODIFICATIONS TO THE REQUIREMENTS OF THE ORDINANCE. AS A RESULT WE HAVE MODIFIED THE ORDINANCE. YOU WILL FIND THAT CERTAIN TYPES OF ACTIVITIES IN THE RIGHT-OF-WAY ARE EXEMPT FROM THE REQUIREMENTS. THESE EXEMPTIONS DO NOT WEAKEN THE ORDINANCE. A LOT OF THEM INVOLVE ROUTINE ENGINEERED ITEMS OR ITEMS THAT HAVE BEEN PREVIOUSLY ENGINEERED. WE ARE VERY COMFORTABLE WITH RECOMMENDING TO YOU FASTING THIS ORDINANCE ON SECOND -- PASSING THIS ORDINANCE ON SECOND AND THIRD READING, WITH THOSE MODIFICATIONS IN MIND. THERE WERE SOME ADDITIONAL SUGGESTIONS MADE BY SOUTHWESTERN BELL THAT -- THAT WE WERE MADE AWARE OF THIS MORNING. WE ARE CERTAINLY WILLING TO -- TO LOOK AT WHETHER SOME -- SOME OTHER POSSIBILITIES CAN BE CONSIDERED THROUGH THE RULES MAKING PROCESS; HOWEVER, WE BELIEVE THAT THE ORDINANCE AS IT IS NOW DRAFTED IS IN THE BEST INTERESTS OF THE CITY AND WE RECOMMEND THAT YOU -- THAT YOU MOVE FORWARD AND APPROVE IT.

>>MAYOR WATSON: COUNCIL, THIS ITEM -- WITH THOSE CHANGES IS UP ON SECOND AND THIRD READING. I WILL ENTERTAIN A MOTION WITH REGARD TO ITEM NO. 14.

>>SLUSHER: MAYOR?

>>MAYOR WATSON: COUNCILMEMBER SLUSHER.

>>SLUSHER: I JUST WANTED TO SAY MY CONCERN WAS I THOUGHT LAST WEEK THE STAFF MADE A COMPELLING CASE FOR THE NEED OF THIS ORDINANCE AND THAT THE OPPONENTS OF IT DID NOT. I DON'T HAVE ANY PROBLEM WITH DISCUSSIONS AND NEGOTIATION, BUT I WANTED TO MAKE SURE THAT THE CHANGES THAT DID OCCUR AS A RESULT OF THOSE DISCUSSIONS DIDN'T WEAKEN THE ORDINANCE. AND SO I HAVE ALREADY HEARD MR. REIKE ASSURE US THAT IT DOES NOT. SO THEREFORE I WILL MOVE APPROVAL.

>>MAYOR WATSON: MOTION IS TO APPROVE BY COUNCILMEMBER SLUSHER. IS THERE A SECOND?

>>WINN: SECOND.

>>MAYOR WATSON: SECONDED BY COUNCILMEMBER WYNN.

>>MAYOR WATSON: DISCUSSION?

>>GRIFFITH: YES. I HAD A COUPLE OF QUESTIONS FOR STAFF. I AM HEARING VERY GOOD THINGS ABOUT THE WAY YOU AND YOUR STAFF HAVE BEEN WORKING WITH INDUSTRY REPRESENTATIVES AND I WANT TO THANK YOU FOR HAVING THOSE CONVERSATIONS AND FOR THE WORK THAT YOU HAVE DONE AND THE PRODUCT THAT WE NOW HAVE SEEMS TO BE MUCH MORE ACCEPTABLE TO EVERYBODY. I'M WONDERING HOW -- I UNDERSTAND YOUR SUGGESTION -- YOU ARE SUGGESTING THAT WE DON'T NEED TO -- WE DON'T NEED TO CHANGE THE ORDINANCE, BUT THAT SOME SOLUTION FOR THE COUPLE OF -- OF PLACES WHERE YOU AND THE INDUSTRY FOLKS ARE STILL APART COULD BE ADDRESSED WITH THE RULES PROCESS. CAN YOU GIVE US SOME ASSURANCE THAT IF WE GO THAT WAY, THAT WE WILL KNOW WHAT THAT PROGRESS WAS AND HOW IT ENDS UP? I'M -- I'M WONDERING IF WE NEED TO DO SECOND TODAY AND THEN THIRD IN A WEEK OR WHETHER WE CAN REALLY SOLVE THOSE TWO THINGS THAT ARE LEFT IN -- IN THE RULES PROCESS.

>> COUNCILMEMBER, THE INDUSTRY REPRESENTATIVES THAT WE MET WITH THIS MORNING GAVE US THREE DIFFERENT THINGS THAT THEY WOULD LIKE TO STILL SEE ADDRESSED IN THE ORDINANCE. ONE IS A CHANGE ON ITEM 15-12163.1B2, WHERE THEY ARE ASKING -- THEY ARE BASICALLY SUGGESTING TO STRIKE THE LENGTH REQUIREMENT AND TO ALSO STRIKE THE INTERSECTION LIMIT. AND I DON'T KNOW THAT WE REALLY CAN AGREE WITH THAT ISSUE BECAUSE THAT IS REALLY CRITICAL ELEMENT FOR US. THE -- THE SECOND CHANGE IN ITEM NO. 4 WHERE -- WHERE THE SUGGESTION IS TO -- TO REMOVE THE REQUIREMENT OR THE EXEMPTION FOR PARALLEL BORES, IN ESSENCE INDICATING THERE CAN ALSO BE PERPENDICULAR BORES, WE HAVE A PROBLEM ELIMINATING THAT AT THIS POINT IN TIME. THEN THE SUGGESTION THAT CAME AS AN ADDITIONAL ITEM OR AN ADDITIONAL EXEMPTION, BEING TRENCHES AND BORES PLACING ONLY BURIED CABLE AND/OR FOUR OR LESS CONDUITS IN TRENCHES THAT DO NOT REQUIRE SHORING, THAT AGAIN IS ONE OF THE THINGS WHY WE ARE HERE TODAY, BECAUSE WE'VE HAD SOME SIGNIFICANT PROBLEMS IN THE FIELD WITH THOSE. NOW, WHAT WE ARE WILLING TO DO AND SOUTHWESTERN BELL, FOR INSTANCE, SUGGESTED THAT THEY COULD POSSIBLY LIMIT THEIR TRENCHES TO 12 INCHES AND INSTEAD OF HAVING CONDUIT PARALLEL, THEY COULD POSSIBLY STACK IT AND BE OKAY WITH THAT. SO THERE ARE THINGS THAT THE INDUSTRY CERTAINLY CAN LOOK AT. WHAT I AM LOOKING AT IS -- OTHER SITUATIONS WHERE WE CAN ON A CASE-BY-CASE BASIS OR BASED ON CERTAIN CRITERIA ALLOW SOME FLEXIBILITY FOR INSTANCE ON THE LENGTH REQUIREMENT, BUT IT WILL TAKE SOME TIME TO TAKE THOSE INTO CONSIDERATION AND TO REALLY ASCERTAIN THAT THEY ACCEPT AND STILL EXIST AND STILL PROTECT THE CITY. SO, AGAIN, I THINK THE ORDINANCE AS IT STANDS RIGHT NOW AND AS IT IS PROPOSED IS IN THE BEST INTERESTS OF THE CITY, BUT WE UNDERSTAND THE BUSINESS NEEDS OF THE TELECOM CARRIES. AND TO THE EXTENT THAT WE CAN ADD SOME FLEXIBILITY, IF THAT IS MEANINGFUL THROUGH THE RULES PROCESS, WE WILL CERTAINLY COME BACK AND LET YOU KNOW HOW WE ACCOMPLISH THAT.

>>GRIFFITH: THAT'S A GOOD IDEA. CAN WE SET A -- A SPECIFIC -- OF COURSE IT'S COULD BE-- OF COURSE IT COULD BE MODIFIED, THE ORDINANCE COULD BE MODIFIED AFTER THAT -- COULD WE SET A SPECIFIC TIME SO THAT THE FRUITS OF THOSE DISCUSSIONS CAN BE -- WE CAN HAVE A BRIEFING ON THAT AND PERHAPS REVISIT? I KNOW HOW SENSITIVE AND HOW VISIBLE AND HOW IMPORTANT WHAT YOU ARE WORKING ON RIGHT NOW IS BECAUSE WE HEAR SO MUCH ABOUT THE STREET CUTS AND ABOUT THE RIGHT-OF-WAYS RIGHT NOW. SO I UNDERSTAND THE NEED TO MOVE IT ON. CAN WE ALSO GET A REPORT IN A SPECIFIC LENGTH OF TIME?

>> YOU KNOW, NOT -- NOT WITH AND DOESING THE -- NOTWITHSTANDING THE AVAILABILITY OF OUR PARTNERS IN THIS ISSUE, I THINK WE COULD PROBABLY COME BACK IN FOUR WEEKS AND TELL YOU WHAT WE HAVE DONE UP TO THAT POINT.

>>GRIFFITH: THAT WOULD BE VERY GOOD, THANK YOU VERY MUCH.

>>SLUSHER: MAYOR?

>>MAYOR WATSON: COUNCILMEMBER SLUSHER?

>>SLUSHER: I JUST WANTS TO MAKE CLEAR THAT MY MOTION IS FOR THE VERSION THAT STAFF MAKE ON THE TABLE. I THINK THEY WORKED THROUGH THAT VERY WELL. I THINK IT'S A STRONG ORDINANCE. I THINK THEY HAVE ACCOMMODATED SOUTHWESTERN BELL TO THE EXTENT THAT THEY COULD WITHOUT WEAKENING THE ORDINANCE. THE INTENT OF MY MOTION IS TO PASS WHAT THE STAFF HAS PROPOSED AND FOR THE RULE MAKING TO BE ON THAT ORDINANCE. I DO NOT WANT TO SEE THE ORDINANCE WEAKENED BY INDUSTRY AS PART OF THE RULE MAKING. I DON'T EXPECT OUR STAFF TO DO THAT. BUT I WANT TO MAKE IT VERY CLEAR THAT THE MOTION THAT IS ON THE TABLE DOES NOT CONTEMPLATE THE ORDINANCE BEING WEAKENED DURING THE RULE MAKING PROCESS.

>>MAYOR GARZA: ALSO IF I COULD ADD --

>>MAYOR O IF I COULD ADD TO THAT, AS LONG AS THOSE RULES ARE AFFECTING OR GETTING THIS ORDINANCE IMPLEMENTED.

>>GRIFFITH: MAYOR, WHAT I AM --

>>MAYOR WATSON: COUNCILMEMBER GRIFFITH, GO AHEAD.

>>GRIFFITH: WHAT I AM ASKING IS THAT WE DO HAVE THAT REPORT IN THAT TIME FRAME, THAT MR. REIKE SUGGESTED.

>>GOODMAN: MAYOR?

>>MAYOR WATSON: LET ME JUST BE CLEAR. I UNDERSTAND THAT TYPICALLY ON A RULE MAKING, WE WOULD GO DIRECTLY TO THE RULES. IF A COUNCILMEMBER REQUESTED THAT MR. REIKE MAKE A REPORT, YOU DON'T HAVE ANY PROBLEM WITH THAT, DO YOU? THE REPORT. BUT THE RULE MAKING WOULD GO FORWARD. IF THE VOTE PASSES TODAY, THE RULE MAKING WOULD GO FORWARD IN THE NORMAL COURSE. AS HAS BEEN INDICATED BY THE MAKER OF THE MOTION IN HIS DESCRIPTION OF WHAT HE IS DOING. IF THAT PASSES ON SECOND AND THIRD READING TODAY. THAT GOES FORWARD, THE RULE MAKING GOES FORWARD IN THE NORMAL COURSE. IF THERE'S A REQUEST TO BE A REPORT BACK, THAT REPORT COULD COME BACK, BUT THAT DOES NOT STOP THE RULE MAKING IN THE ORDINARY WAY THAT WE WOULD DO THE RULE MAKE EGG. MAYOR PRO TEM?

>>GOODMAN: EARLIER, -- RULE MAKING. EARLIER COUNCILMEMBER WYNN VOTED THAT THERE HAVE BEEN A THROUGH THE PROCESS ALREADY IN THE COUNCIL COMMITTEE ON TELECOMMUNICATIONS INFRASTRUCTURE. OF COURSE IT'S BEEN THE SUBJECT OF DISCUSSIONS FOR MANY YEARS BEFORE THAT. SO IF THERE IS SOME FLEXIBILITY WITHIN THE RULE MAKING, THEN I'M FINE WITH THAT. I THINK THAT'S A -- THAT'S AN AUTOMATIC THING THAT STAFF WILL DO. BUT IF -- IF THERE IS ANY SUGGESTION THAT THESE THREE THINGS THAT MR. REIKE READ SHOULD TRULY BE MODIFIED OR AMENDED, I WOULD NOT SUPPORT IT. IN FACT IF I HAD BEEN SHOWN AN ORDINANCE WITH THOSE EXEMPTIONS, I WOULD BE REQUESTING AN AMENDMENT TO PUT THEM BACK IN.

>>MAYOR WATSON: FAIR ENOUGH. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR OF THE MOTION SAY AYE. OPPOSED -- LET ME -- BEFORE I ACT LIKE THAT DIDN'T HAPPEN. ANYBODY WANT TO TALK?

>>SLUSHER: MAYOR --

>>MAYOR WATSON: JUST A SECOND, FIRST READING, WE DON'T NEED TO DO THAT, I'M OKAY.

>>SLUSHER: I WANTED TO MAKE CLEAR, SECOND AND THIRD READING.

>>MAYOR WATSON: AGAIN THOSE IN FAVOR AYE. OPPOSED NO. MOTION CARRIES ON A VOTE OF SIX TO ZERO WITH COUNCILMEMBER THOMAS ABSENT, PASSING ON SECOND AND THIRD READING. COUNCIL, LET'S DO NOW -- IS GO AHEAD AND GO TO THOSE ITEMS 2, 3, 4 AND 5. RELATED TO THE BUDGET. I DIDN'T PUT THOSE ON THE CONSENT AGENDA BECAUSE WE ARE GOING TO HAVE A BRIEFING FROM STAFF ON THOSE ITEMS, WHAT WE WILL DO IS UNLESS SOMEBODY WANTS TO PULL OUT ONE -- PULL ONE OUT, I WILL CALL THEM ALL UP AT ONE TIME, WE WILL PASS THEM AT ONE TIME. MR. STEVENS --

>> MAYOR, I WILL MAKE A BRIEF OVERVIEW. I WANTED TO CALL YOUR ATTENTION TO AS YOU ALL KNOW, WE HAVE BEEN WORKING ON TRYING TO SAVE MONEY IN THE 01 BUDGET AS WE MOVE TOWARD TO PREPARE THE 2002 BUDGET. YOU WILL SEE THE FRUIT OF OUR LABOR REPORTED IN THE PRESS THIS MORNING IN THAT THEY HAVE NOTED THAT I AM PROPOSING A BUDGET OF $1.8 BILLION -- MILLION DOLLARS. REFUSE REDUCED IT TENFOLD. [LAUGHTER]. SERIOUSLY OUR BUDGET IS 1.9, ROUNDED UP, BILLION DOLLARS. IT'S OUR PLEASURE TO PRESENT THIS TO THE CITY COUNCILL. WE HAVE BEEN GRAPPLING WITH THE SLOWING OF THE ECONOMY AT THE FEDERAL AND AT THE STATE AND AT THE LOCAL LEVEL AS WELL. PERHAPS THE MOST IMMEDIATE SIGN OF THAT SLOW DOWN FOR THE CITY OF AUSTIN HAS BEEN THE REDUCTION THAT WE HAVE SEEN IN THE RATE OF GROWTH OF OUR SALES TAX. FOR THE CURRENT YEAR, 10:00, WE BUDGETED A -- 01, WE BUDGETED A GREAT ROET OF .9%. THIS SPRING WHEN WE DID THE FINANCIAL FORECAST WE REVISED IT DOWNWARD TO 4.5%. THAT WOULD HAVE MEANT A GROWTH OF 5.5 MILLION, SALES TAX OVER THE PREVIOUS YEAR. BASED ON THE PAYMENT WE RECEIVED IN JULY, HOWEVER, IT NOW APPEARS WE NEED TO FURTHER READVISE FOR FISCAL YEAR 2001, WE ARE NOW ESTIMATING THE GROWTH OF SALES TAX FOR FISCAL YEAR 2001 TO BE 2.4 MILLION -- OR 2.4%, ON GROWTH OF $2.9 MILLION. NATURALLY THE CHANGE ALSO IMPACTS FISCAL YEAR 2002 BUDGET, THE BUDGET THAT YOU ARE RECEIVING THIS MORNING. AND WE BELIEVE THAT WE CANNOT ACHIEVE -- WE ALSO DO NOT BELIEVE THAT WE CAN ACHIEVE THE GROWTH RATE IN THE FORECAST OF 5.4% FOR THE 2002 BUDGET WE PROJECTED THIS SPRING. INSTEAD WE ARE NOW REVISING THAT ESTIMATE AS WELL TO 3.4%. TAKEN TOGETHER, THIS REPRESENTS A SIGNIFICANT DECREASE IN REVENUE FOR THE GENERAL FUND, 7.7 MILLION DOLLARS. IT FURTHER HIGHLIGHTS OUR EFFORTS THIS YEAR TO LOOK AT THIS BUDGET OVER TWO FISCAL YEARS. THIS FISCAL YEAR 2002, THE PROPOSED FISCAL YEAR, AND THE FOLLOWING FISCAL YEAR, 2003. WE ARE FINDFUL THAT ANY ONGOING EXPENDITURES THAT WE ADD TO THE 2002 BUDGET THAT WILL BE ADOPTED IN SEPTEMBER MAY COMMIT US TO ADDITIONAL FUNDS OR ADDITIONAL FUNDING THAT WE MAY NOT BE ABLE TO AFFORD IN SUBSEQUENT FISCAL YEAR. WE DON'T HAVE A CRYSTAL BALL FOR FORECASTING EITHER SALES TAX OR PROPERTY TAX REVENUE, BUT IT'S QUITE PROBABLE OUR SALES TAX REVENUE WILL REMAIN ESSENTIALLY FLAT FOR THE NEAR FUTURE. BASED ON RECENT INFORMATION ON ASSESSED PROPERTY VALUES, IT IS ALSO POSSIBLY WE MAY SEE A SLOWING IN THE GROWTH OF THE PROPERTY TAX BASE. CURRENT GROWTH HERE 13.5%. WE DON'T ANTICIPATE NEXT YEAR WILL BE THAT DRAMATIC, IN FACT MAY BE MUCH LOWER THAN THAT. THAT'S THE BAD NEWS. GOOD NEWS IS THAT WE ANTICIPATED THIS BACK IN JANUARY. AS I BEGAN TO BRIEF ALL OF THE CITY COUNCILL IN JANUARY, IS THAT WE WERE BEGINNING A -- A FISCAL AUSTERITY PROGRAM TO TRY TO REDUCE EXPENDITURES. AT THAT TIME WE ASKED ALL DEPARTMENTS TO ANALYZE THEIR BUDGET FOR SAVINGS THAT THEY COULD GARNER FROM THIS YEAR'S BUDGET TO HELP OFFSET THE REVENUE SHORTFALLS TO FURTHER GIVE US A BEGINNING BALANCE FOR NEXT YEAR AS THEY PREPARED THE 2002 BUDGET. THE DEPARTMENTS IDENTIFIED VACANT POSITIONS THAT WOULD NOT AFFECT BASIC SERVICES, THEY IDENTIFIED CAPITAL EXPENDITURES THAT COULD BE DEFERRED, THEY IDENTIFIED THINGS LIKE TRAVEL AND TRAINING THAT ARE GOOD INVESTMENTS IN HUMAN RESOURCES WHEN YOU HAVE A GOOD ECONOMY. HOWEVER DURING FISCAL STRESS THESE ARE THINGS THAT YOU CAN FORGO. I AM PLEASED TO SAY BECAUSE OF THESE EFFORTS WE HAVE BEEN ABLE TO CARRY OVER A BEGINNING BALANCE OF 19.3 MILLION DOLLARS. AS YOU RECALL LAST YEAR'S BEGINNING BALANCE WAS A LITTLE OVER 10 MILLION, WE HAVE GROWN THAT BY ALMOST $9 MILLION. HAVING THAT RESOURCE AVAILABLE HAS ENABLED US TO PREPARE A BUDGET THAT MEETS THE COMMITMENTS OF OUR COMMUNITY, BUT DOESN'T PUT AT RISK HAVING TO MAKE DRASTIC CUTS IN THE NEXT TWO OR THREE YEARS IF THE SLOWING OF THE ECONOMY CONTINUES TO HAPPEN. FIRST AND FOREMOST THERE ARE NO LAYOFFS. WE HAVE PHILOSOPHIED 45 POSITIONS, IN FACT AS PART OF THE -- WE HAVE IDENTIFIED 45 POSITIONS, HOWEVER NO ONE OR NO EMPLOYEE HAS LOST THEIR JOB AS A RESULT OF ELIMINATION. IN FACT WE ARE ABLE TO GIVE OUR EMPLOYEES A STANDARD PAY PACKAGE THAT WE DID FROM THE PREVIOUS YEAR, 3.5% FOR MEETING EXPECTATIONS AND 5% IF THEY HAVE AN EXCEPTIONAL RATING. THE DISTINCTION THAT WE HAVE HERE THAT IS THE 1.5% OF THE EXPENSENAL RATING WILL BE ON A ONE-TIME BASIS, ONLY A 3.5 ADJUSTMENT TO BASE. ALSO ENHANCING PUBLIC SAFETY FUNCTIONS. THIS BUDGET MAINTAINS THE 1.9 OFFICERS PER THOUSAND FOR A.P.D. AND BEGINS THE FIRST YEAR OF A FIVE YEAR PLAN TO INCREASE US TO TWO OFFICERS PER THOUSAND. IT FULLY IMPLEMENTS TASK FORCE STAFFING FOR THE FIRE DEPARTMENT AND ESTABLISHES SIX E.M.S. COMMAND DISTRICT. ADDITIONALLY PROVIDES FOR THE COMMITMENTS WE MADE TO A.P.D. AND FIRE AS PART OF THE CONTRACT NEGOTIATIONS. THIS BUDGET PROPOSES THAT ALL CITY FACILITIES REMAIN OPEN, ALL RECREATION CENTERS, BRANCH LIBRARIES, HEALTH CLINICS, WILL REMAIN OPEN, NO REDUCTION IN HOURS. IN ADDITION NEW FACILITIES COMING ON LINE IN FISCAL YEAR 2002, ST. JOHNS JOINT USE FACILITY, HARRIS RIDGE, E.M.S. WEST AUSTIN E.M.S. STATION, AND THE SOUTH AUSTIN SOCCER COMPLEX. THE BUDGET ALSO TECHNOLOGY 60 THOUSAND DOLLARS FOR THE GREEN GROW PROGRAM DISCUSSED AS THE JULY 19TH COUNCIL MEETING THAT I WAS NOT AT AUTOMATIC -- NOT AT. ALSO COWBOY HAS INDICATED TO US HAVE INTEREST, WE DON'T HAVE MONEY FOR THAT, BUT WE ARE COMMITTING TO FINDING WAYS IN THE 2002 BUDGET TO FIND THOSE INITIATIVES, SICKLE CELL ANEMIA, MEXICO TRADE CENTER, FARMERS MARKET, SPANISH BROADCASTING FOR CITY COUNCILL MEETING. OF COURSE THIS WILL BE WITH CONCURRENCE OF THE CITY COUNCIL, WE WILL IDENTIFY THOSE DOLLARS, THOSE ARE THE HIGHLIGHTS OF THE PROPOSED BUDGET. WE BELIEVE IT MAINTAINS OUR COMMITMENTS TO THE COMMUNITY, WHILE AT THE SAME TIME MAINTAINING FISCAL RESPONSIBLE. I WILL LOOK FORWARD TO WORKING WITH THE CITY COUNCILL IN ADOPTION OF THIS BUDGET. I NOW WOULD LIKE TO TURN IT OVER TO JOHN STEVENS OUR DIRECTOR OF FINANCE AND ADMINISTRATION FOR THE BRIEF PRESENTATION OF THE BUDGET.

>>AYOR WATSON: THANK YOU, CITY MANAGER, MR. STEVENS.

>> GOOD MORNING, MAYOR, MAYOR PRO TEM AND COUNCILMEMBERS, I'M HERE THIS MORNING WITH VICKI SCHUBERT, DEPUTY TEE DIRECTOR OF FINANCIAL AND ADMINISTRATIVE SERVICES, RUDY GARZA, THE CITY'S BUDGET OFFICER. LOOKING AT THE BUDGET FIRST FROM A CITY-WIDE PERSPECTIVE, THE PROPOSED OPERATING BUDGET SOURCES OR REVENUES TOTALED $1.9 BILLION AS THE MARCHING SAID. THIS REPRESENTS A 5.3% INCREASE IN SOURCES OVER THE CURRENT YEAR, FISCAL YEAR 2001. AUSTIN ENERGY MAKES UP 44% OF THE TOTAL SOURCES, 834.4 MILLION. THE NEXT LARGEST CATEGORY OF SOURCES IS OTHER REVENUE, WHICH MAKES UP 17% OR 323.4 MILLION. AND INCLUDES SOLID WASTE, TRANSPORTATION, AND DEVELOPMENT FEES AND INTEREST INCOME. THE WATER AND WASTEWATER UTILITY TECHNOLOGY 15%, 282.4 MILLION. PROPERTY TAXES MAKE UP 12%, 216 MILLION. AND SALES AND OTHER TAXES ALONG WITH AVIATION REVENUES COM PRIZE THE REMAINING -- COMPRISE THE REMAINING 12%. REGARDING THE USES OF FUNDS OR EXPENDITURES, AUSTIN ENERGY EXPENSES COMPRISE 32% OF THE CITY-WIDE USES OF FUNDS; GENERAL FUND, WHICH I WILL DISCUSS IN MORE DETAIL SHORTLY, MAKES UP 24%. DEBT SERVICE ON REVENUE BONDS MAKES UP 16%. 300 MILLION DOLLARS. 14% GOES TO OTHER EXPENSES LIKE SOLID WASTE, RECYCLING AND TRANSPORTATION SERVICES. 260.3 MILLION. WATER AND WASTEWATER USE IS 9%. 165.9 MILLION. AND GENERAL OBLIGATION BOND DEBT SERVICE MAKES UP THE REMAINING FIVE PERCENT OF THE OVERALL OPERATING BUDGET, 92.2 MILLION. LOOKING NOW AT THE GENERAL FUND TOTAL GENERAL FUND SOURCES FOR FISCAL YEAR 2002, TOTAL $465.2 MILLION. THIS REPRESENTS A 7% INCREASE OVER THE CURRENT FISCAL YEAR, INCLUDING THE 19.3 MILLION IN FUND BALANCE THAT THE MANAGER DISCUSSED WE ARE CARRYING OVER FROM THIS YEAR TO THE NEXT. PROPERTY TAX IS NOW OUR MOST SIGNIFICANT COURSE OF FUNDS PROVIDING 30.7% OR 142.7 MILLION. SALES TAX IS NEXT, FAIRLY CLOSE TO PROPERTY TAX AT 27.8%. OR 129.3 MILLION. TRANSFERS FROM OUR UTILITIES PROVIDE ANOTHER 19.2%, 88. 2 MILLION. AND THE REST OF THE GENERAL FUND SOURCES COME FROM LICENSES AND FRANCHISE FEES, FINES, CHARGES FOR SERVICES AND OTHER REVENUES TOTALLING 104.9 MILLION. REGARDING PROPERTY TAX, OUR TAXABLE ASSESSED VALUE THIS YEAR IS 41.4 BILLION IN FISCAL YEAR 2001. THE TAXABLE ASSESSED VALUE FOR FISCAL YEAR 2002 BASED ON THE CERTIFIED TAX ROLL WE RECEIVED LAST WEEK IS $46.9 BILLION. AS THE MANAGER SAID THIS IS A 13.5% INCREASE IN ASSESSED VALUE. THE CURRENT YEAR'S TAX RATE IS 46.63 CENTS. BASED ON THE INCREASE IN ASSESSED VALUE THE TAX RATE IS GOING DOWN TO 44.97 CENTS PLUS THE ONE CENT AUTHORIZED BY THE VOTERS FOR DEBT SERVICE IN THE 98 BOND ELECTION FOR A TOTAL RATE OF 45.97 CENTS. THE AVERAGE TAXABLE VALUE OF THE HOME IN AUSTIN FOR THIS YEAR, FISCAL YEAR 2001 IS 138,674. THE AVERAGE VALUE FOR NEXT YEAR, 2002, IS $158,193. HOWEVER, DUE TO THE CAP ON HOMESTEADED RESIDENTIAL PROPERTIES, THE AVERAGE TAXABLE VALUE FOR AN OWNER OCCUPIED HOME WOULD BE $152,541. AT THAT TIME A -- AT THAT VALUE THE AVERAGE HOME OWNER WOULD SEE AN INCREASE OF $4.59 A MONTH IN HIS OR HER TAX BILL. LOOKING NOW AT GENERAL FUND USES, AS YOU SEE ON THE CHART HERE, PUBLIC SAFETY COMPRISES 51.5% OF GENERAL FUND EXPENDITURES. 239.4 MILLION. TRANSTRANSFERS EQUAL 18.9%, 87.9 MILLION. THIS FIGURE INCLUDES TRANSFERS TO THE SUPPORT SERVICES FUND OF 48.1 MILLION. A TRANSFER OF 8.8 MILLION TO THE STAINABILITY FUND. 6.3 MILLION TO THE VEHICLE ACQUISITION FUND, 4.5 MILLION TO C.I.P. AND 4.3 MILLION TO THE CONTINGENCY RESERVE. PUBLIC RECREATION AND CULTURE, THAT IS OUR PARKS AND LIBRARIES, THOSE EXPENDITURES MAKE UP 10.7%, PUBLIC HEALTH FOLLOWS MAKING UP 9.8% OF THE GENERAL FUND'S EXPENDITURES, 45.7 MILLION. AND THE REMAINING 9.1% IS COMPRISED OF URBAN GROWTH MANAGEMENT, MUNICIPAL COURT, PUBLIC WORKS AND SOCIAL SERVICES, A TOTAL OF 42.1 MILLION. SOME OF THE CORE SERVICES ARE FUNNED THROUGH THE SUSTAINABILITY FUNDS. THIS FUND TECHNOLOGY RESOURCES FOR ONE TIME PROJECTS THAT WILL HELP THE CITY OF AUSTIN BUILD A SUSTAINABLY ECONOMIC, ENVIRONMENTS TALL AND HE COULDABLE INFRASTRUCTURE. FOR 20024.3 MILLION WILL BE USED FOR AMERICANS WITH DISABILITIES ACT OR A.D.A. IMPROVEMENT, TRIANGLE SQUARE STREETS, RENOVATIONS FOR THE SOUTH AUSTIN HEALTH CENTER, THE BOGGY CREEK TRAIL AND PAVILION, DAVIS HILL PARK, AND THE NORTHWEST PARK LEVEE ALONG SHOAL CREEK. REGARDING A.D.A. IMPROVEMENTS, LET ME NOTE THAT THE AMOUNT FUNDED BY THE SUSTAINABILITY FUND IS $800,000, BUT THERE IS ALSO ANOTHER 600,000 BUDGETED IN OUR C.I.P. PROGRAM FOR A.D.A. FOR NEXT YEAR AND AN INITIAL 200,000 FOR A.D.A. COMPLIANT FURNISHINGS IN THE LIBRARY. THE SUSTAINABILITY FUND WILL ALSO PROVIDE 2.3 MILLION AND FUNDING FOR WORKFORCE DEVELOPMENT AND 1.6 MILLION FOR A CHILD CARE INITIATIVE THAT WILL ALLOW A GREATER NUMBER OF AUSTINITES ACCESS TO THE WORKPLACE. IN ADDITION, THE FUND WILL PROVIDE 4 MILLION FOR AFFORDABLE HOUSING INITIATIVES. THIS IS AN INCREASE OF 3 MILLION OVER THE CURRENT FISCAL YEAR. THIS BUDGET ASSUMES A GENERAL OBLIGATION BOND SALE OF 81.1 MILLION AND INCLUDES AS MENTIONED EARLIER A ONE CENT TAX INCREASE AS APPROVED BY THE VOTERS IN THE NOVEMBER 1998 ELECTION. THE 2002 CAPITAL IMPROVEMENTS PROGRAM, C.I.P., PLANS A NUMBER OF IMPORTANT PROJECTS. TOP SOME EXAMPLES ARE REPAIRS FOR A.P.D. HEADQUARTERS, SECOND YEAR OF FUNDING TO EXTEND ESCARPMENT BOULEVARD, FIRST YEAR FUNDING FOR THE PURCHASE OF THANK SQUARE PARKLAND, PLAY SCAPES -- TRY ANGLE SQUARE, PLAY SCAPES FOR THE PARKS AND RECREATION, FAR SOUTHEAST STATION FOR E.M.S., JOINT FIRE AND E.M.S. STATION NEAR CIRCLE C, THE CARVER LIBRARY EXPANSION, CARVER MUSEUM, THE MEXICAN AMERICAN CULTURAL ARTS CENTER AND TOWN LAKE PARK. IN FISCAL YEAR 2002, THE CITY WILL CONTINUE TO INVEST SIGNIFICANTLY IN OUR TRANSPORTATION SYSTEM THROUGH BOND FUNDING PROVIDED FROM THE NOVEMBER 1998 BOND ELECTION. AND ANOTHER COMPONENT OF OUR TRANSPORTATION INITIATIVE IS THE 150 MILLION IN BONDS APPROVED BY VOTERS IN NOVEMBER 2000 TO BE SOLD IN $15 MILLION INCREMENTS OVER A 10 YEAR PERIOD. THE FIRST 15 MILLION THAT'S SCHEDULED TO BE ISSUED IN FISCAL YEAR 02 WILL BE USED TO BEGIN FUNDING RIGHT-OF-WAY ACQUISITION FOR STATE HIGHWAY 45. ANOTHER IMPORTANT ENHANCEMENT TO THE CITY'S TRANSPORTATION INITIATIVE WAS THE DECISION OF THE CAPITAL METRO BOARD TO RETURN ONE QUARTER CENT OF THE SALES TAX THEY COLLECT TO BE USED FOR TRANSPORTATION PROJECTS BY PARTICIPATING JURISDICTIONS. WITH THIS FUNDING AND OTHER CAPITAL METRO FUNDS, AUSTIN IS RECEIVING AN ADDITIONAL 78.5 MILLION FOR TRANSPORTATION AND MOBILITY PROJECTS. REGARDING RATE CHANGES, WE ARE NOT PROPOSING AN INCREASE IN ELECTRIC RATES. WE ARE PROPOSING A 5% INCREASE FOR THE TRANSPORTATION USER FEE TO KEEP PACE WITH THE COST OF PROVIDING AND IMPROVING MAINTENANCE AND INFRASTRUCTURE SERVICES ON OUR ROADWAY SYSTEM. HOWEVER, EVEN WITH THIS INCREASE, WE ANTICIPATE WE WILL ONLY BE ABLE TO COVER 9% OF THE ROADWAY SYSTEM RATHER THAN THE 10% THAT'S OUR GOAL. SINGLE FAMILY RESIDENTIAL RATES FOR THE TRANSPORTATION USER FEE WOULD INCREASE FROM $3.50 TO $3.68 PER MONTH. AND COMMERCIAL FEES WOULD INCREASE FROM 1749 TO 1836 PER ACRE. THE WATER AND WASTEWATER UTILITY RECOMMENDS AN INCREASE OF 7% FOR WATER, 4.5% FOR WASTEWATER. THESE INCREASES ARE NECESSARY TO HELP OFFSET THE 35.6 MILLION INCREASE IN TOTAL REVENUE REQUIREMENTS FOR FISCAL YEAR 2002. THESE REQUIREMENTS INCLUDE INCREASED OPERATING COSTS DUE TO AUSTIN'S GROWTH, RESULTING IN INCREASED DEMAND, INCREASES IN DEBT SERVICE AND IN PERSONNEL COSTS. IT'S ESTIMATED THAT THE PROPOSED RATE INCREASES WILL RESULT IN AN APPROXIMATE INCREASE OF $1.03, IN THE -- IN THE MONTHLY BILL FOR THE AVERAGE INSIDE CITY RESIDENTIAL CUSTOMER. IN IMPLEMENTING THESE INCREASES, WE HAVE EMPHASIZED CONSERVATION SO THAT SMALL USERS WILL BE MARGINALLY AFFECTED. SOLID WASTE SERVICES IS PROPOSING AN INCREASE IN THE ANTI-LITTER FEE. THIS INCREASE IS NECESSARY TO FUND ADDITIONAL RESOURCES FOR THE CODE COMPLIANCE ACTIVITY TRANSFERRED TO SOLID WASTE SERVICES THIS FISCAL YEAR 2001. RESIDENTIAL PAYMENTS FOR THE ANTI-LITTER FEE WOULD GO UP -- WOULD GO UP $2.-- FROM $2.20 PER MONTH TO $2.60 PER MONTH. COMMERCIAL PAYMENTS WOULD INCREASE FROM $3.85 TO $4.55 PER MONTH. FINALLY THE WATERSHED PROTECTION AND DEVELOPMENT REVIEW DEPARTMENT IS NOT RECOMMENDING A RATE INCREASE FOR THE DRAINAGE FEE FOR NEXT YEAR. HOWEVER, IT IS RECOMMENDING IMPLEMENTATION OF THE COST OF SERVICE STUDY WHICH IS ON COUNCIL'S AGENDA FOR TODAY. IF IMPLEMENTED AS RECOMMENDED, COMMERCIAL CUSTOMERS WOULD SEE AN INCREASE IN THEIR FEE FROM $56.23 PER DEVELOPED ACRE TO $70.73 PER ACRE OF IMPERVIOUS COVER. AN INCREASE OF 26%. HOWEVER, BECAUSE OF THE CHANGE IN METHODOLOGY, MOST COMMERCIAL CUSTOMERS WILL BE BILLED FOR LESS ACREAGE AND ON AVERAGE WE THINK THE RESULTING INCREASE IN FEES WILL BE MORE IN THE 11% RANGE. MONTHLY FEES FOR RESIDENTIAL CUSTOMERS WOULD REMAIN CONSTANT AT $5.21. TO SUM UP, GIVEN THE UNCERTAIN ECONOMIC CIRCUMSTANCES, WE THINK THIS IS A GOOD BUDGET THAT MEETS OUR CITIZENS' SERVICE REQUIREMENTS WHILE MINIMIZING THE RISK AHEAD OF US. FUNDING IS PROVIDED TO KEEP ALL FACILITIES OPEN. THERE ARE NO LAYOFFS PROPOSED. WE ARE PROVIDING A STANDARD PAY PACKAGE FOR OUR EMPLOYEES. AND THE TAX RATE IS GOING DOWN FROM 46.63 CENTS TO 45.97 CENTS. WE DO BELIEVE FISCAL YEAR 2003 MAY BE DIFFICULT, WE SHOULD BE MINDSFUL THIS BUDGET MAY HAVE ON FUTURE YEARS AS WE GO THROUGH OUR BUDGET DELIBERATIONS. ALSO ON THE AGENDA FOR TODAY IS THE ADOPTION OF THE BUDGET SCHEDULE. THERE WILL BE THREE WORK SESSIONS AT WHICH DEPARTMENTS WILL MAKE PRESENTATIONS. THERE WILL BE A PUBLIC HEARING ON THE BUDGET, PROPOSED TAX RATE AND PROPOSED FEE INCREASES ON AUGUST THE 30TH. DEPARTMENT DIRECTORS WILL BE AVAILABLE TO ANSWER SPECIFIC QUESTIONS ABOUT THEIR BUDGETS AT THE WORK SESSIONS. AS YOU KNOW, WE ALSO HAVE A PROCESS FOR ANSWERING BUDGET QUESTIONS. PLEASE FORWARD ANY WRITTEN QUESTIONS THAT YOU HAVE DIRECTLY TO THE BUDGET OFFICE. COUNCIL, THAT CONCLUDES OUR PRESENTATION AT THIS POINT WE WILL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU HAVE.

>> GARZA.

>>ET ME FOR THE SCHEDULE, AUGUST THE FIRST -- AUGUST THE 23RD, HEALTH AND HUMAN SERVICES DEPARTMENTS WILL MAKE THEIR PRESENTATIONS, AUGUST THE 30TH PUBLIC WORKS AND THE UTILITIES, THE -- PUBLIC WORKS, UTILITIES, ENERGY, THOSE DEPARTMENTS WILL BE MAKING THOSE PRESENTATIONS, WE WILL GIVE YOU THE DETAIL OF EACH OF THOSE DEPARTMENT PRESENTATIONS ALONG WITH SHEETS. ANY OF YOU THAT DIDN'T GET THE SHEETS WE APOLOGIZE FOR THAT. WE WILL MAKE SURE THAT YOU GET THOSE FOR PART OF THOSE WORK SESSIONS THAT WE HAVE.

>>MAYOR WATSON: MAYOR PRO TEM, DID YOU HAVE SOMETHING?

>>GOODMAN: YEAH, I HAVE SEVERAL. LET ME TRY TO GO QUICKLY. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]ATZNO CARRIERRINGCONNECT 1200c

>>GOODMAN: ... THE FACT WE HAVE MORE RATEPAYERS THAN WE USED TO AS WELL.

>> WE HAVE SEEN AN INCREASE OF APPROXIMATELY 2% A YEAR IN THE NUMBER OF CUSTOMERS BEING ADDED TO OUR SERVICE AREA. BUT THE COSTS THAT HAVE GONE UP, THE CAPITAL COSTS AND THE PERSONNEL COSTS INCREASES THAT WE HAVE SEEN HAVE GONE UP MORE THAN 2% PER YEAR. SO AT THIS POINT WE'RE RECOMMENDING A 7% INCREASE AGAIN FOR WATER.

>>GOODMAN: SEEMS LIKE A SIGNIFICANT INCREASE. IS ANY OF THAT GOING TO UPGRADE SYSTEMS THAT ARE AGING? OR IS THIS STRICTLY OPERATIONAL?

>> SOME OF IT I BELIEVE WILL GO TO UPGRADE SYSTEMS. THERE IS CERTAINLY PART OF THAT IS THE TRANSFER THAT THE WATER AND WASTEWATER UTILITY WILL MAKE TO THEIR C.I.P. PROGRAM.

>>GOODMAN: AND SOLID WASTE SERVICES AND THEIR UPGRADE IN RATES, I DIDN'T QUITE FOLLOW THAT.

>> SOLID WASTE SERVICES IS PROPOSING AN INCREASE IN THE ANTI-LITTER FEE TO GO UP FROM $2.20 PER MONTH TO $2.60 PER MONTH. AND THAT IS MAINLY TO COVER THE COST OF THE CODE COMPLIANCE PROGRAM THAT HAS BEEN TRANSFERRED TO THE SOLID WASTE SERVICES DEPARTMENT.

>>GOODMAN: IS THERE A WAY TO GET A LITTLE BIT MORE OF A BREAKOUT ON THAT?

>> CERTAINLY. WE CAN PROVIDE THAT INFORMATION TO YOU IN WRITING.

>>GOODMAN: THANKS. AND I HAVE SOME OTHER QUESTIONS WHICH I WILL WRITE IN.

>>MAYOR WATSON: LET ME JUST SAY A COUPLE THINGS AND PART OF THIS IS TO EMPHASIZE A FEW POINTS AND I KNOW I'M GOING TO REPEAT SOME OF THE THINGS THAT HAVE BEEN SAID, BUT I WANT TO EMPHASIZE A COUPLE OF THINGS. FIRST, I THINK IT'S IMPORTANT FOR US TO ACKNOWLEDGE SOMETHING THE CITY MANAGER POINTED OUT AND HE DIDN'T SAY IT THIS WAY, BUT I WILL, THAT IS THE FORESIGHT THAT THE CITY MANAGER AND HIS STAFF HAD BACK IN JANUARY WHEN THE CITY MANAGER DIRECTED THE VARIOUS DEPARTMENT HEADS TO IDENTIFY THERE WOULD BE POTENTIAL SAVINGS FROM THE BUDGET SO THAT THAT WOULD HELP OFF SET REVENUE SHORTFALLS AND GIVE US A BEGINNING BALANCE FOR FISCAL YEAR 2002. DURING THAT, PROVIDED -- IT HAS BEEN POINTED OUT, BUT I WANT TO EMPHASIZE THIS, IT PROVIDED A MUCH BETTER START TO 2001 THAN WE WOULD HAVE FACED. AS HE POINTED OUT, WITH SALES TAX REVENUE DROPPING FROM 7.9% ANTICIPATED TO 2.4% AND EXPENDITURES IN THE GENERAL FUND THEN OUTPACING REVENUE, YOU HAD REVENUE GROWING AT 2.7% AS HAS BEEN POINTED OUT, AND EXPENDITURES GROWING AT 7%. AND WHILE THE CITY MANAGER HAS ALREADY MENTIONED THE SPECIFIC FIGURE THAT THE SAVINGS INITIATIVE PROVIDED US FOR THIS PROPOSED BUDGET. IT BEARS REPEATING. THAT WAS A SAVINGS OF $19.3 MILLION, AND THAT -- FOLKS THAT IS CORRECT IS A SIGNIFICANT NUMBER AND IT'S MADE THIS WHOLE PROCESS BETTER. I WANT TO SAY THANK TO YOU THE CITY MANAGER AND HIS STAFF BECAUSE EVERYONE IN THE ORGANIZATION MAKD VERY HARD TO MAKE THAT HAPPEN. I ALSO WANT TO POINT OUT FOR THOSE WATCHING THIS PROCESS AND PAYING ATTENTION THAT I THINK THE MANAGER'S EFFORTS AT FRAMING A TWO-YEAR TIME FRAME WITH THIS PROPOSED BUDGET RATHER THAN SIMPLY ONE YEAR AT A TIME LIKE IS THE MORE NORMAL APPROACH IS VERY IMPORTANT BECAUSE WHAT THAT IS DOING IS IT IS RECOGNIZING THAT THE TIMES ARE DIFFERENT NOW THAN THEY WERE EVEN JUST LAST YEAR OR A FEW YEARS AGO AND IT'S PUTTING US IN A SITUATION WHERE -- PUTTING US IN A SITUATION WHERE -- [AUDIO DIFFICULTIES]. PUTTING US IN A SITUATION WHERE WE CAN ANTICIPATE BETTER WHERE THE ECONOMY MIGHT BE GOING. AS A RESULT OF LOOKING AT IT FOR TWO YEARS INSTEAD OF ONE YEAR, IT ALSO PUTS THE ONUS ON US AS THE POLICY MAKERS TO DO OUR PART IN RECOGNIZING THAT ANY ONGOING EXPENDITURES WE ADD TO THE BUDGET IN FISCAL YEAR 2002 MAY COMMIT US TO FUTURE YEARS OR IN FUTURE YEARS TO MORE THAN WE CAN AFOORD. SO AS WE GO -- EYE FORWARD. AS WE HEAR DIFFERENT WAYS WE WANT TO APPROACH IT, WE NEED TO KEEP THAT IN MIND. WITH THAT BEING SAID, I'M ALSO -- I WANT TO SAY THAT I'M PLEASED THAT THERE ARE A NUMBER OF CRITICAL INITIATIVES THAT ARE BEING FUNDED, AND I'M NOT GOING THROUGH EVERYTHING, BUT I WANT TO HIGHLIGHT A COUPLE OF THINGS. I MAY BE REPEATING A LITTLE WHAT JOHN SAID, BUT I THINK IT'S IMPORTANT. THE PROPOSED BUDGET IN MY VIEW IS SHOWING A CONTINUED COMMITMENT TO PUBLIC SAFETY BY RECOMMENDING ADDITIONAL PERSONNEL. BY FUNDING MEET AND CONFER AND OTHER INVESTMENTS INCLUDING 66 POSITIONS FOR POLICE, 59 TO HELP MAINTAIN THE CURRENT NUMBER OF OFFICERS PER THOUSAND, AND 7 ADDITIONAL SWORN POSITIONS TO BEGIN IMPLEMENTATION OF A MULTI-YEAR EFFORT TO RAISE THE RATIO OF OFFICERS PER THOUSAND. I THINK IT'S ALSO IMPORTANT FOR US TO POINT OUT THAT IN THE YEAR 2000, THE MOST RECENT DATA WE HAVE, OUR INDEX CRIME RATE, PART 1 INDEX CRIMES INCLUDE VIOLENT CRIMES AND PROPERTY CRIMES, DROPPED 4% AND HAS NOW REACHED A 21-YEAR LOW IN AUSTIN, TEXAS. AND THAT DROP IS A CONTINUATION OF A STEADY DECLINE. IN ADDITION, THIS BUDGET HAS -- THAT WE'RE GOING TO BE LOOKING AT AND GOING THROUGH THIS PROCESS HAS FUNDING FOR THE FULL YEAR IMPLEMENTATION OF TASK FORCE STAFFING FOR THE AUSTIN FIRE DEPARTMENT. THAT'S 2.8 MILLION DOLLARS. $365,858 TO ADD THREE F.T.E.'S FOR A SIX COMMAND DISTRICT FOR EMERGENCY MEDICAL SERVICES. THAT ADDITIONAL DISTRICT IS NECESSARY TO PROVIDE A MORE REASONABLE SUPERVISORY SPAN OF THE CONTROL OF MORE THAN 1100 SQUARE MILES COVERED BY OUR E.M.S. SYSTEM WITH ALL THE GROWTH. TODAY THE RATIO OF COMMANDERS TO STAFF IS 1 TO 15. LEAVING E.M.S. SHORT OF WHAT IS CONSIDERED A MORE REASONABLE LEVEL OF 1 TO 12. AND WE'VE ALSO GOT NEW STATIONS COMING ONLINE SO THERE'S A NEED FOR THAT ADDITIONAL FUNDING AND I'M PLEASED THAT IS THERE. THE ADDITIONAL STATIONS ARE COMING ONLINE WITH A JOINT FIRE, E.M.S. STATION AT HARRIS RIDGE AND THE WEST AUSTIN E.M.S. STATION. AND OF COURSE PUBLIC SAFETY, WHILE IT'S CRITICAL AND A MAJOR FOCUS TO OUR COMMUNITY, IT'S ONLY ONE AREA COVERED BY THIS BUDGET. ALSO WHAT'S BEEN PROPOSED AS JONG JENNINGS MENTIONED IS THE SECOND YEAR OF THE STAIN ABILITY FUND. HE WENT THROUGH SOME DETAIL, BUT LET'S REPEAT. THAT PROVIDES MONEY FOR WORKFORCE DEVELOPMENT, A MAJOR CHILD CARE INITIATIVE, 4 MILLION FOR AFFORDABLE HOUSING INITIATIVES AND THAT, AS JOHN POINTED OUT, IS AN INCREASE OF 3 MILLION OVER '01 WHICH SPECIFICALLY REFERS TO ONE OF THE THINGS COUNCILMEMBER ALVAREZ STARTED TALKING ABOUT AND HAS FOCUSED ATTENTION ON FROM THE VERY BEGINNING OF HIS SERVICE, SO THAT MONEY IS NOW APPEARING IN THIS. PLUS THERE IS 4.3 MILLION FOR A NUMBER OF PROJECTS HE JUST TALKED ABOUT INCLUDING A.D.A. IMPROVEMENTS, STREET CONSTRUCTIONS, THOSE SORTS OF THINGS. AGAIN, IN THIS BUDGET, THERE IS A SIGNIFICANT INVESTMENT IN TRANSPORTATION INITIATIVES. I THINK IT IS SAFE TO SAY THAT THE PLANNING FOR TRANSPORTATION IMPROVEMENTS THAT HAS OCCURRED OVER THE PAST FOUR YEARS, THAT PLANNING IS GREATER THAN WHAT YOU HAVE SEEN IN THE PREVIOUS 20 YEARS. PRIOR TO THAT FOUR YEARS. AS DEMONSTRATED BY THE AMOUNT OF INVESTMENT IN TRANSPORTATION IMPROVEMENTS. AND IF YOU LOOK AT THIS BUDGET AGAIN YOU SEE 15 MILLION THERE TO FUND RIGHT-OF-WAY ACQUISITION FOR STATE HIGHWAY 45, AND AN ADDITIONAL 78.5 MILLION FOR TRANSPORTATION MOBILITY PROJECTS THAT COMES FROM FUNDS THAT THE CAPITAL METRO BOARD PROVIDED. THE BUDGET, PEOPLE THAT ARE LOOKING AT IT LOOK AT IT BECAUSE WHAT IT DOES IS IT MAKES SURE THAT EVEN IN DIFFERENT ECONOMIC TIMES, ALL CITY FACILITIES REMAIN OPEN. ALL RECREATION CENTERS, ALL BRANCH LIBRARIES, ALL HEALTH CLINICS AND OTHERS. AND IT ALSO PROVIDES FOR SOME VERY IMPORTANT NEW FACILITIES TO COME ONLINE INCLUDING THE ST. JOHN'S JOINT USE FACILITY AND THE SOUTH AUSTIN SOCCER COMPLEX. THE BUDGET PROVIDES FURTHER $60,000 IN FUNDING FOR THE GROW GREEN PROGRAM THROUGH THE WATER, WASTEWATER DEPARTMENT AS PROPOSED BY COUNCILMEMBER SLUSHER, A MAJOR INITIATIVE THAT COUNCILMEMBER SLUSHER HAS TAKEN THE LEAD ON, AND IT'S IMPORTANT THAT IS ALSO FUNDED IN HERE. AND LAST, BUT CERTAINLY NOT LEAST, AND THIS HAS BEEN MENTIONED, BUT IT'S VERY IMPORTANT, THE PROPOSED BUDGET SUPPORTS THE CITY WORKFORCE. MOST IMPORTANTLY, IT PROVIDES FOR NO LAYOFFS. THERE ARE MANY COMPANIES IN THE GREATER AUSTIN AREA THAT WISH THEY WERE IN SUCH AN EVEN VEEABLE POSITION. SINCE JANUARY WE'VE SEEN AN ESTIMATED 16,000 PLUS PEOPLE BEING LAID OFF AND PROJECTIONS I HAPPEN TO AGREE WITH BY THE END OF THE YEAR WE MAY SEE AS MANY AS 20,000 AS THE TOTAL STATISTIC. THAT IS A STARTLING STATISTIC. COMBINED WITH SEASONAL JOB LOSSES, IT RESULTED IN A 4.2% UNEMPLOYMENT RATE FOR JUNE, WHICH IS UP FROM THE 3.3% IN MAY. BUT AT THE CITY OF AUSTIN, BECAUSE OF THE WAY THIS BUDGET IS SET UP, THERE IS STABILITY IN JOBS, AND THIS PROPOSED BUDGET BRINGS THAT. PLUS, THERE ARE A NUMBER OF KEY WORKFORCE PROGRAMS BEING FUNDED. INCLUDING INCREASED CALL-BACK PAY, INCREASED PERSONAL LEAVE ACCRUAL AND DECREASED RATES FOR HEALTH INSURANCE FOR MANY EMPLOYEES. LET ME JUST SAY TO THE CITIZENS OF AUSTIN THAT IS CORRECT IS VERY IMPORTANT TO YOU BECAUSE IN THIS AGE OF TALENT, PUBLIC SERVICE IS ALSO COMPETING TO GET THE BEST TALENT. AND JOBS STABILITY AND MAKING SURE WE HAVE THE BEST AND THE BRIGHTEST PROVIDING THE PUBLIC SERVICE IS VERY IMPORTANT. WE'RE ABLE TO DO ALL OF THAT WITH A PROPOSED TAX RATE OF 45.97 CENTS PER $100 ASSESSED VALUATION. AS HAS BEEN INDICATED, THAT IS LESS THAN WAS PROPOSED EVEN IN THE DRAFT POLICY BUDGET BACK IN JUNE. IT REPRESENTS A DECREASE FROM THE CURRENT PROPERTY TAX RATE OF 46.63 CENTS. AND IF YOU COMPARE THE CURRENT TAX RATE OF 46.63 CENTS, YOU WILL FIND IT'S THE LOWEST OF THE LARGE -- LARGER TEXAS CITIES. SAN ANTONIO IS AT 57.98. HOUSTON IS 65.5. DALLAS IS 66.7. AND FORT WORTH AT 87.5. AND I THINK IT'S IMPORTANT TO REITERATE THAT EVEN WITH CHANGES IN VALUATIONS, THE AVERAGE PRICED HOME WILL ONLY SEE AN INCREASE OF $4.59 PER MONTH AT THE PROPOSED TAX RATE. NOW, YOU SAW A COUPLE OF PROPOSED CHANGE FEES IN DL AND WE NEED TO LOOK AT ALL THOSE, BUT THE WAY I ADDED THAT UP, EVEN WITH THOSE PROPOSED CHANGES IT'S ONLY $1.61 A MONTH. SO I WANTED TO THANK THE CITY MANAGER, THE THANK MR. STEVENS AND CITY STAFF FOR PUTTING THE BUDGET TOGETHER. I THINK IT IS A STRONG BUDGET AND I WANTED TO EMPHASIZE A FEW POINTS FOR FOLKS INTERESTED IN THAT. COUNCIL, UNLESS THERE IS FURTHER DISCUSSION, WE WOULD VOTE ON ITEM NO. 2 -- ITEM NO. 3, WHICH IS TO ADOPT THE BUDGET SCHEDULE THAT'S BEEN LAID OUT, ITEM 4, WOULD BE TO SET A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE FISCAL YEAR 20012001 PROPOSED BUDGET AND THE SUGGESTED DATE AND TIME IS AUGUST 30TH, 2001 AT 6 P.M. AND WE WOULD SCHEDULE AS REQUIRED BY LAW A VOTE ON A PROPOSED TAX RATE OF 45.97 CENTS FOR FISCAL YEAR 2001, 2001 FOR MONDAY, SEPTEMBER 10 AND SET A PUBLIC HEARING ON THE PROPOSED TAX RATE FOR THURSDAY, AUGUST 30TH, 2001, AT 6:00 P.M. IS THERE A MOTION ON ITEMS 3, 4 AND 5.

>>WYNN: MOVE APPROVAL.

>>MAYOR WATSON: MOTION TO APPROVED BY COUNCILMEMBER WYNN. SECONDED BY COUNCILMEMBER GRIFFITH. IS THERE DISCUSSION?

>>GOODMAN: YES, MAYOR.

>>MAYOR WATSON: MAYOR PRO TEM.

>>GOODMAN: I WILL STAY WE DON'T HAVE TIME TO ADD MORE PUBLIC HEARINGS TO THE SCHEDULE OBVIOUSLY AND I THINK THAT IS A MISTAKE THAT WE SHOULD HAVE THOUGHT ABOUT EARLIER WHEN WE COME DOWN TO THE WIRE LIKE THIS, ESPECIALLY IN A HARD BUDGET YEAR. AND I HOPE NEXT YEAR A LITTLE BIT OF PLANNING GOES INTO IT AHEAD OF TIME SO THERE IS ABLE TO BE MORE THAN ONE PUBLIC HEARING.

>>MAYOR WATSON: MAYBE THE COUNCIL WON'T BE ABLE TO TAKE A VACATION NEXT YEAR.

>>GOODMAN: I DIDN'T TAKE ONE THIS YEAR.

>>MAYOR WATSON: BUT THE COUNCIL VOTED TO TAKE A VOU INDICATION AND THAT WAS PART OF THE REASON WE'RE IN THE TIME THAT WE'RE IN. FURTHER DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. DO WE HAVE THE FOLKS THAT WANTED TO BE HERE ON --.

>>MAYOR WATSON: FOLKS, WHAT WE'RE DOING, IS WE HAVE AN ITEM THAT I WOULD LIKE TO HAVE US TAKE UP BEFORE WE GO INTO EXECUTIVE SESSION. BECAUSE WE HAVE SOME FOLKS THAT ARE INTERESTED IN AND HAVE COME UP TO BE PART OF THAT ITEM, ITEM 12. RIGHT NOW WITHOUT CALLING A RECESS, I JUST WANT TO MAKE SURE WE HAVE EVERYBODY HERE THAT WANTS TO BE HERE.

>>MAYOR WATSON: I'LL CALL UP ITEM NO. 12. MR. MARTIN.

>> MAYOR, COUNCIL, I'M ANDREW MARTIN AND I'M GLAD TO BE STANDING HERE. FOR THE PAST SEVERAL WEEKS I'VE BEEN WORKING VERY CLOSELY WITH THE BUDA CITY COUNCILL TASK FORCE ON E.T.J. RELEASE TO DEVELOP A RESOLUTION CONCERNING THE RELEASE OF AUSTIN E.T.J. IN HAYS COUNTY. AND I'M PLEASED TO BE ABLE TO REPORT WE'VE GOT A RESOLUTION FOR YOUR CONSIDERATION TODAY THAT IS SUPPORTED BY THAT COMMITTEE AND IS ONE THAT I THINK PROTECTS AUSTIN'S INTERESTS AND ADVANCES BUDA'S INTERESTS. THE BUDA CITY ATTORNEY, JIM DUVALL, SENT ME AN E-MAIL WITH SOME CHANGES THIS MORNING RIGHT BEFORE 10:00, BUT THOSE HAVE BEEN INCORPORATED INTO THE VERSION THAT I BELIEVE IS ON THE YELLOW PAPER AND HAS BEEN HANDED OUT TO YOU. ITEM 12. LET ME GO THROUGH THIS REAL QUICKLY AND EXPLAIN WHAT IT DOES WITHOUT TRYING TO READ IT BECAUSE EVERYBODY IS CAPABLE OF READING THIS THEMSELVES. THE ESSENTIAL CONCEPT HERE IS THAT NO E.T.J. OF AUSTIN IN HAYS COUNTY IS RELEASED UNTIL IT CAN BE SIMULTANEOUSLY ACCEPTED INTO BUDA'S E.T.J.. AND IF THE BUDA E.T.J. WOULD BE SUBJECT TO THE WATER QUALITY ORDINANCE THAT THEY PASSED BACK IN FEBRUARY AND WHICH I UNDERSTAND THEY PLAN TO MAKE EFFECTIVE ON AUGUST 7TH, IN ANY EVENT, IT WILL NOT BE RELEASED TO BUDA UNTIL THAT ORDINANCE IS EFFECTIVE AND THE LAND WILL BE SUBJECT TO THE PROVISIONS OF THAT WATER QUALITY PROTECTION ORDINANCE. SO THE LAND THAT WE'RE TALKING ABOUT, A TOTAL OF 5,465 ACRES IN HAYS COUNTY, WHICH IS IDENTIFIED ON THIS MAP WITHIN THE BLUE BOUNDARY, THAT LAND IS THE AREA THAT MAY BE RELEASED AND SHALL BE RELEASED ONCE THE CONDITIONS OF THE REDS HAVE BEEN MET. THE FIRST CONDITION -- ACTUALLY THERE IS NO CONDITION FOR THE RELEASE OF THIS AREA. EAST OF I-35, IT'S MARKED IN YELLOW AS NO. 1. THAT'S NOT IN THE AQUIFER RECHARGE ZONE. IT IS WITHIN A HALF MILE OF BUDA'S CURRENT CITY LIMITS AND ASSUMING THAT YOU PASS THIS RESOLUTION TODAY IT WILL BE RELEASED IMMEDIATELY. THE AREA MARKED, WEST OF BUDA, IS WITHIN THE RECHARGE ZONE. THE YELLOW AREA THAT'S IDENTIFIED AS NO. 2 IS WITHIN A HALF MILE OF BUDA'S CURRENT E.T.J. -- I'M SORRY, CURRENT CITY LIMITS AND THEREFORE WOULD BE ACCEPTED WITHIN DUDE TODAY'S E.T.J. SIMULTANEOUSLY UPON ITS RELEASED FROM AUSTIN. THAT WILL BE RELEASED, AS I MENTIONED A SECOND AGO, WHEN DUDE TODAY'S WATER QUALITY ORDINANCE IS EFFECTIVE. cN BUDA'S WATER QUALITY ORDINANCE IS EFFECTIVE. I THINK THAT'S AUGUST 7TH. WITHIN THE REMAINDER OF THE 5,465 ACRES, YOU ARE DIRECTING, AUTHORIZING AND DIRECTING THE MANAGER TO RELEASE AUSTIN E.T.J. AT SUCH TIME AS BUDA IS IN A POSITION TO SIMULTANEOUSLY ACCEPT IT. UNDER STATE THERE -- LAW THERE ARE THREE WAYS THAT CAN HAPPEN. IF BUDA ANNEXATION ADDITIONAL TERRITORY WITHIN THEIR E.T.J., THEN ANY OF THE AUSTIN E.T.J. WITHIN A HALF MILE OF THAT NEWLY ANNEXED CITY BOUNDARY WOULD BE ELIGIBLE FOR RELEASE. IF THEY HAVE A LANDOWNER PETITION TO HAVE THE AREA INCLUDED IN BUDA'S E.T.J. AND IT'S CONTIGUOUS TO BUDA'S EXISTING E.T.J., THEN IT CAN BE RELEASED. THE THIRD WAY IS IF BUDA'S POPULATION RISES TO I BELIEVE IT'S ABOVE 5,000, THEN THE E.T.J. EXPANDS TO A MILE. THOSE ARE THE THREE WAYS. THERE ARE A COUPLE OF CONDITIONS ON THAT RELEASE. THE FIRST ONE IS THAT NO RELEASE CAN TAKE PLACE IF IT WOULD DESTROY AUSTIN'S CONTIGUITY WITH THE REMAINDER OF THE UNRELEASED E.T.J.. THAT WOULD MOST LIKELY HAPPEN IN HERE AND THE RESOLUTION PROVIDES THE MANAGER CAN RELEASE E.T.J. BUT MUST RETAIN AT LEAST A 50-FOOT WIDE STRIP OF CONTIGUOUS E.T.J. TO ENSURE THE REMAINDER STAYS WITHIN. THE OTHER PROVISION IS THAT IT CAN ONLY BE RELEASED TO BUDA IF IT WOULD BE EXCLUSIVELY WITHIN BUDA'S E.T.J.. THERE ARE TWO AREAS INDICATED ON THE MAP THAT BUT FOR AUSTIN'S E.T.J. FALL EITHER WITHIN THE E.T.J. OF HAYS COUNTY OR THE CITY OF KYLE. THERE'S AN ARC RIGHT HERE THAT GOES FROM THE KYLE CITY LIMIT AND AN ARC RIGHT THERE FROM THE EXISTING HAYS CITY CITY LIMITS. SO IF BUDA AND HAYS CITY OR KYLE REACH SOME AGREEMENT WHEREBY KYLE OR HAYS COUNTY GIVE UP ANY CLAIM TO THAT E.T.J., THEN IT COULD BE RELEASED TO BUDA. BUT UNLESS AND UNTIL THAT HAPPENS, THEN IT WOULD NOT BE RELEASED TO BUDA UNDER THIS RESOLUTION.

>>MAYOR WATSON: CAN I ASK A QUESTION ABOUT THAT? I HATE TO INTERRUPT YOU, BUT BECAUSE -- WHAT THE CITY OF AUSTIN, AND THE CITY OF BUDA ARE ATTEMPTING TO DO IS WORK WITH EACH OTHER AND WE DON'T WANT TO DO SOMETHING THAT HAS A POTENTIAL NEGATIVE IMPACT ON OTHER JURISDICTIONS THAT MAY NOT BE PART OF THIS AGREEMENT, THAT IS ONE OF THE REASONS THAT THAT PROVISION IS INCLUDED IS SO THAT THIS AGREEMENT WILL NOT INTERFERE WITH ANY RELATIONSHIP THAT ANY OF THE -- BUDA OR THE CITY OF AUSTIN HAVE WITH HAYS CITY, FOR EXAMPLE, OR THE CITY OF KYLE. WE DON'T WANT TO CUT OFF OTHER JURISDICTIONS.

>> NO. IT DOES NOT DO THAT. IT PRESERVES -- ESSENTIALLY THEY ARE GOING TO -- IF THOSE CITIES, THOSE COMMUNITIES ARE ABLE TO REACH SOME AGREEMENT THAT WOULD RESULT IN BUDA HAVING A CLAIM TO THAT E.T.J., THEN AUSTIN WOULD RECOGNIZE THAT. IN THE ABSENCE OF THAT AGREEMENT, THIS -- THIS RESOLUTION WOULD NOT AUTHORIZE THE RELEASE OF THAT E.T.J..

>>MAYOR WATSON: AND I WANT TO EMPHASIZE THAT BECAUSE I HAVE HAD CORRESPONDENCE WITH VARIOUS PEOPLE IN THE REGION WHERE I HAVE WORKED TO ASSURE THAT THIS -- ANYTHING WE WOULD DO WITH THE CITY OF BUDA WAS NOT INTEND TO DO CUT OFF ANY OTHER RIGHTS OR POSSIBILITIES WITH OTHERS IN THE REGION. SO WE CAN MAINTAIN -- AND THAT'S WHY THIS IS EXPRESSLY PART OF THE AGREEMENT.

>> COUNCILMEMBERS, CERTAINLY IF ANYBODY HAS ANY QUESTIONS AT THIS TIME I WOULD BE HAPPY TO TRY TO ANSWER THOSE, BUT IN THE ABSENCE OF THAT, I WOULD LOVE TO INTRODUCE BYRON -- COUNCILMEMBER BREYER RON WARREN FROM THE CITY OF BUDA. IF YOU COULD COME UP HERE AND INTRODUCE YOUR FELLOW COUNCILMEMBERS.

>>MAYOR WATSON: PLEASE COME UP. AND WHEEL HE'S COMING UP, COUNCIL, -- WHILE HE'S COMING UP, WE HAVE WORKED FOR SOME TIME TO COME UP WITH A WAY TO REACH AN AGREEMENT WITH OUR PARTNER, THE CITY OF BUDA IN THIS. I WANT TO SAY A SPECIAL THANK YOU TO COUNCILMEMBER WARREN AND TO THE MEMBERS OF HIS COMMITTEE THAT HAVE BEEN -- PLAYED SUCH A ROLE IN THIS BECAUSE THEY WORKED VERY HARD IN A VERY CONSTRUCTIVE, PRODUCTIVE WAY. THERE HAVE BEEN TIMES WHEN I THINK, LIKE IN ANY NEGOTIATIONS OR DISCUSSIONS, WE SOMETIMES MAY NOT UNDERSTAND WHAT THE OTHER SIDE IS SAYING, BUT THAT'S NEVER BEEN A PROBLEM WITH COUNCILMEMBER WARREN REACTING IN A NEGATIVE OR INAPPROPRIATE WAY AS I CAN SAY WITH THE MEMBERS OF THE COMMITTEE. SO COUNCILMEMBER, I APPRECIATE YOUR BEING HERE AND THANK YOU.

>> THANK YOU, MAYOR. FIRST OFF I WOULD LIKE TO INTRODUCE OR RECOGNIZE MY E.T.J. COMMITTEE. AND NANCY BRINKLEY AND BOBBY LANE AND JIM CAMP. EVERYTHING IS ESCAPING. I WAS -- TAKING THE OPPORTUNITY TO CONSIDER THE PROPOSITION BEFORE YOU. I BELIEVE THAT CITIZENS OF BUDA AND OUR GOVERNMENT HAVE WORKED VERY HARD TO GET TO WHERE WE ARE TODAY. AND I THOUGH THAT WORKING RELATIONSHIP WITH -- KNOW THAT THE WORKING RELATIONSHIP WITH AUSTIN IS THE LAST COUPLE MONTHS GETTING THE FINAL END OF THE DAY TASKS DONE HAS BEEN VERY COOPERATIVE AND I APPRECIATE, MAYOR, FOR ALL YOUR STAFF AND ALSO FOR ALLOWING US ANDY MARTIN HERE. HE BROKE DOWN SEVERAL OF THE BARRIERS THAT WE HAD IN AND THE NEGOTIATION PROGRESSED. WHEREVER HE IS GOING, WE WOULD LIKE TO TAKE HIM.

>>MAYOR WATSON: HE KEEPS SHOWING UP. [LAUGHTER].

>> SOMEONE ASKED ME TODAY IN THE OFFICE WHERE I WAS GOING AND NORMALLY WE ONLY DRESS UP WHEN WE'RE GOING TO A PRESENTATION OR SOMETHING AND I TOLD THEM IT'S DEFINITELY IMPORTANT TO ME AND IT'S BEEN VERY IMPORTANT FOR BUDA AND THE CITIZENS OF BUDA WHO I REPRESENT, IT'S VERY IMPORTANT TO ME THAT WE CONTROL OUR OWN DESTINY AND WE DO IT PROPERLY WITH NEIGHBORS. I SAID I FELT KIND OF LIKE CLAUDE RAINES TALKING TO HUMPHREY BOGART SAYING I KNOW THIS IS THE BEGINNING OF A BEAUTIFUL RELATIONSHIP. I APPRECIATE YOUR CONFIDENCE IN US, MAYOR AND PLEASE PASS THAT ON TO THE STAFF THAT'S WORKED SO HARD. AND I -- I'M QUITE -- I THINK BUDA IS LOOKING FORWARD TO THE FUTURE OF OUR DESTINY AND OUR LANDS AND THE NEIGHBOR THAT WE SHOULD BE.

>>MAYOR WATSON: THANK YOU, COUNCILMEMBER. WE HAVE A COUPLE PEOPLE THAT SIGNED UP TO SPEAK, AND SO I'M GOING TO CALL ON THEM NOW AND THEN I'LL SEEK A MOTION. LYLE BOLLINGER. WOULD YOU LIKE TO SPEAK?

>> YES.

>>MAYOR WATSON: IF YOU COME UP, WE'LL MOVE A CHAIR AND YOU CAN USE ONE OF THOSE MICROPHONES. DID I COME CLOSE TO PRONOUNCING YOUR NAME RIGHT?

>> YOU MOST CERTAINLY DID, SIR.

>>MAYOR WATSON: ALL RIGHT. GOOD.

>> THANK YOU FOR ALLOWING ME TO MAKE THIS PRESENTATION. IT WILL BE VERY BRIEF, I ASSURE YOU. I'M LYLE BOL WILL INGER AND I LIVE IN NORTHEAST HAYS COUNTY VERY NEAR TO THE PROPOSED E.T.J. RELEASE AREA. I MEAN ABSOLUTELY NO DISRESPECT TO ANY OF THE PARTIES INVOLVED. AND I AM HERE AS A CONCERNED CITIZEN WHO HAPPENS TO LIVE DOWNSTREAM OF BOTH BUDA AND AUSTIN. I'VE -- EXCUSE ME. AND ALSO MANY OTHERS IN MY AREA. IN THIS AREA, WE WILL BE IMPACTED BY FUTURE DEVELOPMENT OF THESE PROPERTIES. I IMPLORE WHOEVER IS RESPONSIBLE FOR THOSE AREAS TO ADOPT STRINGENT SAFEGUARDS TO ENSURE THE INTEGRITY OF THE ENVIRONMENT OF THE ENTIRE REGION. THERE HAS BEEN GREAT CONCERN FOR WATER QUALITY ISSUES PARTICULARLY REGARDING THE LARGEST PORTION OF THIS E.T.J. TERRITORY THAT IS OVER THE EDWARDS AQUIFER RECHARGE ZONE. AS A RESIDENT ON THE EAST SIDE OF I-35, I HOPE THAT THE SAME REGARD AND THE REGULATIONS WILL APPLY TO THE AREAS THAT MAY NOT BE OVER THE AQUIFER, BUT INCLUDE ARTESIAN ZONES AND SURFACE WATER AREAS. WE RECEIVE OUR WATER SUPPLY FROM THE AQUIFER. UNFORTUNATELY, WE ALSO RECEIVE WATER THAT IS PUMPED OUT OF THE AQUIFER, USED IN RECYCLED INTO WASTEWATER AND DUMPED ON US BECAUSE WE ARE OUTSIDE THE RECHARGE ZONE. BECAUSE OF THIS, WE HAVE SUFFERED EFFECTS FROM SOME OF THE WORST WASTEWATER POLLUTION IMAGINABLE. THIS SUMMER WE HAVE ALSO BEEN EXPERIENCING PROBLEMS WITH LOW WATER PRESSURE IN OUR AREA, NOT JUST WITH OUR POTABLE WATER SUPPLY, BUT OTHER WATER SUPPLY COMPANIES AS WELL. WE WANT THE MESSAGE TO REACH THIS COUNCIL THAT WATER QUALITY ISSUES DO NOT STOP AT POLITICAL, MUNICIPAL OR COUNTY BOUNDARIES. WATER USE AND WASTEWATER ARE REGIONAL ISSUES AND THERE MUST BE A CONTINUING COLLABORATION TO LOOK TO THE INTEREST NOT ONLY OF CITIES BUT ALSO OF THOSE LIVING OUTSIDE THE BOUNDARIES THAT OFTEN FALL THROUGH THE CRACKS. AGAIN, WHOEVER IS TO BE IN CONTROL OF THIS AREA NEEDS TO HAVE THE ABILITY AND TAKE THE RESPONSIBILITY TO MEET THE HIGHEST STANDARDS FOR PROTECTING OUR ENVIRONMENT FROM WATER SUPPLY MISUSE AND WASTEWATER ABUSE. NOT JUST OVER THE PRECIOUS AQUIFER, BUT FOR THE ENTIRE REGION, INCLUDING OUR PRECIOUS SURFACE WATER. THANK YOU.

>>MAYOR WATSON: THANK YOU, SIR. BILL BUNCH. THANK YOU, MAYOR, MEMBERS OF COUNCIL. I'M BILL BUDGE HERE ON BEHALF OF THE SAVE OUR SPRINGS ALLIANCE TO SPEAK AGAINST THIS ACTION TODAY. I DON'T WANT TO GET CAUGHT UP IN A BUNCH OF SIDE ISSUES. I WANT TO TRY TO NARROW IT. I APPRECIATE THIS PROPOSAL IS MUCH BETTER THAN THE EARLIER ONE AND I APPRECIATE YOU ALL HAVE WORKED HARD TO IMPROVE IT. THERE IS STILL SOME VERY SERIOUS CONCERNS HERE THOUGH. FIRST IS THAT, AS THIS GENTLEMAN ALLUDED TO, BUDA HAS A TERRIBLE TRACK RECORD MANAGING ITS WASTEWATER TREATMENT FACILITY. AND THAT DOESN'T BODE WELL FOR ITS ABILITY TO PROTECT THE AQUIFER FROM URBAN DEVELOPMENT. THAT'S A MUCH MORE DIFFICULT TASK AND I'M VERY CONCERNED THAT THEY DO NOT HAVE THE CAPACITY AND HAVEN'T SHOWN A TRACK RECORD THAT THEY ARE TRULY COMMITTED TO PROTECTING THE ENVIRONMENT. AND IN PARTICULAR WATER QUALITY. I'M VERY DISTURBED THAT WE HAVE AN 11TH HOUR VERSION THAT CAME OUT AN HOUR OR SO AGO, WHICH I'VE HAD TEN MINUTES TO LOOK AT NOW. I THINK THAT'S NOT RESPONSIBLE DECISION-MAKING IN THIS CONTEXT. AND I FOUND FIVE MINUTES AGO A CRITICAL PROBLEM HERE. THIS ORDINANCE REFERS TO THE BUDA ORDINANCE AS ONLY PROTECTING THE RECHARGE ZONE, AND THIS TALKS ABOUT RELEASES OVER THE RECHARGE ZONE. BUT THERE IS -- YOUR MAP, YOUR SUPPORTING MAP SHOWS A BIG SWATH OF CONTRIBUTING ZONE. MOST OF THE CONTRIBUTING ZONE, AS YOU KNOW, IS WEST OF THE WATERSHED, BUT THIS PIECE IS TO THE EAST OF THE RECHARGE ZONE. MR. CAMP TELLS ME THIS MAPS SHOW THAT CONTRIBUTING ZONE NOW AS RECHARGE ZONE. BUT YOUR REFERENCE MAP SHOWS IT AS CONTRIBUTING ZONE, NOT RECHARGE ZONE. SO THE WAY THIS IS WRITTEN AND THE OFFICIAL REFERENCED MAP, AND I DON'T KNOW HOW THE ORDINANCE IS WRITTEN IN BUDA, BUT YOU'VE GOT A BIG CHUNK THERE THAT IS HE IS TELLING ME IS PROTECTED, BUT THE WAY THIS IS WRITTEN IT'S UNPROTECTED. AND YOU HAVE THAT MAP RIGHT IN FRONT OF YOU. PLEASE, PLEASE FIX THIS MISPERCEPTION AND CLARIFY IT, AND IT'S RIGHT HERE ON YOUR MAP. THAT HAS TO BE CHANGED SO THAT IT'S CLARIFIED AS RECHARGE ZONE OR YOU HAVE TO TELL US THE TRUTH THAT YOU ARE NOT PROTECTING IT. SECONDLY, I QUESTION THE LEGALITY OF YOUR ABILITY TO REGULATE E.T.J. AFTER IT IS RELEASED. IF IT'S RELEASED TO THEM, THEY CAN AMEND THEIR ORDINANCES AND DO WHATEVER THEY WANT WITH IT. I APPRECIATE THAT THEY HAVE WATER WELLS AND SO THEY HAVE A VESTED INTEREST INTERESTED IN PROTECTEDDING THE AQUIFER, BUT I'M ALSO AWARE OF MOVES TO SHIFT THEM TO SURFACE WATER. THEY DO NOT OWN BARTON SPRINGS, I NOT THEIR DUTY OR OWNERSHIP OF BARTON SPRINGS, IT'S YOURS AS STA WARDS OF PRO EQUITY THING BARNS. I WOULD LIKE TO CLOSE BY SAYING ALL THIS REGIONAL COOPERATION HAS BEEN DRIVEN BY DEVELOPMENT. WHERE IS THE REGIONAL COOPERATION FOR A PLAN TO SAVE BARTON SPRINGS?

>>MAYOR WATSON: MR. BUNCH, YOUR TIME HAS EXPIRED.

>> I WOULD LIKE TO SEE REGIONAL COOPERATION.

>>MAYOR WATSON: IT'S NOT APPROPRIATE --

>> FOR A PLAN TO SAVE THE AQUIFER. THANK YOU.

>>MAYOR WATSON: MR. MARTIN, WILL YOU ADDRESS MR. BUNCH'S COMMENTS?

>> CERTAINLY, MAYOR. LET ME REFER YOU AND MR. BUNCH TO PARAGRAPH 4. IF YARY LEASED FROM AUSTIN'S E.T.J. UNDER SUBPARAGRAPH 3 IS WITHIN THE EDWARDS AQUIFER RECHARGE ZONE, AS THAT AREA IS DEFINED IN THE BUDA WATER POLLUTION CONTROL AND ABATEMENT ORDINANCE, LET ME STOP HERE. THE BUDA ORDINANCE DEFINES RECHARGE ZONE NOT AS WE DEFINE IT BY BREAKING IT -- DISTINGUISHING IT FROM CONTRIBUTE ZONE, THE BUDA ORDINANCE CLEARLY ADOPTS THE DEFINITION OF THE TNRCC -- TNRCC KRRS RECHARGE ZONE TO BE CONSTITUTED BOTH OF WHAT WE CONSIDER TO BE RECHARGE AND CONTRIBUTING ZONE. SO IT'S A MATTER OF TERMINOLOGY T BUDA ORDINANCE RECHARGE ZONE INCLUDES BOTH WHAT WE CALL RECHARGE AND CONTRIBUTING ZONE. SO THAT IS THE ANSWER TO MR. BUNCH'S FIRST ISSUE. THEN IT SHALL BE AN ADDITIONAL REQUIREMENT AND CONDITION OF RELEASE THAT A PROJECT TO DEVELOP LAND IN THAT AREA INITIATED AFTER RELEASE FROM AUSTIN'S E.T.J. SHALL COME MRIN WITH THE BUDA WATER POLLUTION CONTROL AND ABATEMENT ORDINANCE AS ENACTED ON FEBRUARY 20TH, 2001. WHICH ADDRESSES MR. BUNCH'S SECOND CONCERN. THIS RESOLUTION AUTHORIZES RELEASE UNDER THE TERMS AND LANGUAGE OF THAT ORDINANCE AS IT WAS ENACTED AND AS I HAVE JUST EXPLAINED INCLUDING RECHARGE AND CONTRIBUTING. IF FOR SOME REASON THE FUTURE BUDA CITY COUNCILL AMENDED THAT ORDINANCE IN A WAY THAT WAS LESS PROTECTIVE THAN THIS ORDINANCE WOULD NOT AUTHORIZE THE RELEASE OF E.T.J. BECAUSE THIS ORDINANCE SPEAKS TO THE ORDINANCE AS ENACTED FEBRUARY 20TH, 2001. I THINK THAT IS THE ANSWER TO BOTH OF THE SUBSTANTIVE CONCERNS THAT MR. BUNCH RAISED. AS TO THE -- HIS CONCERN ABOUT A LAST-MINUTE REVISION, THOSE WERE SUGGESTED, I RECEIVED E-MAILS LAST NIGHT AND THIS MORNING FROM BUDA'S CITY ATTORNEY. HE HAD VERY MINOR CHANGES TO THE WORDING WHICH I WOULD BE HAPPY TO IDENTIFY IF THE COUNCIL IS INTERESTED, BUT THEY -- WELL, I'LL JUST IDENTIFY THEM BECAUSE THEY WERE THAT MINOR. EARLIER -- AN EARLIER VERSION IN THE VERY FIRST SENT ES EFBS OF THE RESOLUTION, OPERATIVE LANGUAGE SAID THE 5,465 ACRES OF LAND MAY BE RELEASED FROM TIME TO TIME. HE HAD SUGGESTED THAT IT WOULD -- HE WOULD BE MORE COMFORTABLE IF IT SAID SHALL BE RELEASED FROM THE E.T.J.. EITHER WAY, UNDER EITHER WORDING, IT'S CLEAR BY THE SECOND SENTENCE THAT THIS RELEASE OF AUSTIN'S E.T.J. IS EXPRESSLY SUBJECT A TO AND SHALL EFFECTIVE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS OF RELEASE WHICH I'VE OUTLINED. I CONSIDERED THAT A NON-SUBSTANTIVE CHANGE AND ACCORDINGLY MADE IT. AND THE OTHER CHANGE THAT THE CITY ATTORNEY WAS IN THE FINAL RESOLUTION -- FINAL PARAGRAPH AND HE WANTED TO ADD THE WORDS THAT THE CITY MANAGER DESIGNATE -- HE WANTED TO ADD THE WORDS AND DIRECTED TO IMPLEMENT THIS RESOLUTION. AND AGAIN, SINCE THAT WAS CLEARLY THE INTENTION OF THAT PARAGRAPH UNDER ITS PREVIOUS WORDING, I TOLD HIM THAT I WOULD BE HAPPY TO INCORPORATE THAT. SO IN EITHER OF THE CHANGES FROM THE VERSION THAT WAS PROVIDED TO YOU EARLIER THIS WEEK, I CONSIDER TO BE SUBSTANTIVE IN NATURE AND I'VE JUST DESCRIBED WHAT THEY WERE.

>>MAYOR WATSON: THANK YOU. BILL COUL, DO YOU WISH TO SPEAK?

>> MAYOR AND COUNCILMEMBERS, I'M BILL COUCH, PROPERTY OWNER IN THE CITY OF HAYS AND A FORMER MAYOR AND HAD WORKED WITH BUDA AND THE CITY OF AUSTIN IN SOME EARLY DISCUSSIONS ON E.T.J. EXCHANGE. I JUST LEARNED THIS WAS ON THE AGENDA TODAY. I SPOKE WITH MAYOR BROWN THIS MORNING AT THE CITY OF HAYS. SHE WAS NOT AWARE OF IT BEING ON THE AGENDA. I SUBSEQUENTLY TALKED TO ANDY MARTIN. HE ASSURES ME THERE IS NOTHING HERE THAT IMPACTS THE CITY OF HAYS, BUT -- IN JUST THE BRIEF DISCUSSION I'VE HEARD, IT SOUNDS LIKE THIS RESOLUTION MAY PRECLUDE -- I'VE NOT HAD THE OPPORTUNITY TO REVIEW THAT, BUT I JUST WANT TO BE SURE THAT THE CITY OF HAYS HAS THE OPPORTUNITY TO ANNEX THOSE AREAS ALONG 1626, PARTICULARLY THE NORTH AND WEST QUADRANTS OF 967 AND 1626. THERE HAS BEEN AGREEMENT IN THE PAST BETWEEN BUDA AND HAYS AND LIKE I'M NO LONGER ON THE COUNCIL, ALL OF THESE COUNCILMEMBERS ARE NEW AND MAY NOT BE AWARE OF THAT, THAT LANDS WEST OF 1626 AND NORTH OF 967 WERE IN AN ORIGINAL AGREEMENT THAT WAS DISCUSSED WHEN THE LAST RELEASE OCCURRED THAT THOSE LANDS WOULD BE CONSIDERED GOING TO THE CITY OF HAYS.

>>MAYOR WATSON: I KNOW YOU ARE CONCERNED. MR. MARTIN, THAT WAS WHAT I WAS GETTING BACK ON THE QUESTIONS EARLIER, THAT ONE OF THE CONDITIONS OF BEING ABLE TO RELEASE TO BUDA WOULD BE THAT IT NOT CREATE DIFFICULTY WITH OTHER JURISDICTIONS. AND EVERYBODY IS NODDING BECAUSE EVERYBODY KNEW, WE TALKED ABOUT ALL THAT. SO LET ME -- WHILE HE'S HERE, LET'S VERIFY THAT.

>> LET ME TELL YOU EXACTLY HOW THAT IS WORDED. IT'S IN PARAGRAPH 3. PORTIONS OF THE REMAINDER OF THE 5,465 ACRES OF AUSTIN E.T.J. SHOWN ON EXHIBITn A NOT RELEASED BY SUBPARAGRAPHS 1 OR 2 SHALL BE RELEASED FROM TIME TO TIME WHEN THE YARY LEASED FROM AUSTIN'S E.T.J. IS SIMULTANEOUSLY INCLUDED, HERE'S THE KEY WORD, EXCLUSIVELY AS A PART OF BUDA'S EXPANDED E.T.J.. I COULD HAVE TAKEN SEVERAL PARAGRAPHS TO EXPLAIN THE CONCEPT IF IT'S WITHIN THE AREA THAT WOULD OTHERWISE BE IN HAYS COUNTY'S -- HAYS CITY'S E.T.J., BUT THAT WORD AND THIS EXPRESSION OF WHAT IT IS INTENDED TO MEAN ACCOMPLISH THE SAME THING USING LESS PAPER. LET ME POINT OUT ON THE MAP. HAYS CITY'S CURRENT E.T.J. GOES UP TO THIS BLUE LINE FROM THE CITY LIMITS, WHICH I GUESS ARE MARKED DARKER HERE. SO THERE'S NOTHING NOW, BEFORE OR AFTER THIS RESOLUTION THAT PROHIBITS HAYS CITY FROM ANNEXING WITHIN ITS CURRENT E.T.J. OUT TO THIS LINE. THIS -- THERE'S A VERY SMALL ARC IDENTIFIED BY A DOTTED LINE HERE THAT GOES INTO THE EXISTING AUSTIN E.T.J. THAT BUT FOR AUSTIN'S E.T.J. WOULD BE PART OF HAYS CITY BECAUSE IT'S WITHIN THE HALF MILE OF THEIR CITY LIMIT. AS I SAID BEFORE, THIS RESOLUTION DOES NOT RELEASE E.T.J. TO HAYS CITY. IT WOULD TAKE A SEPARATE RESOLUTION TO DO THAT. ASSUMING THAT THE COUNCIL IS WILLING TO CONSIDER THAT AND FUTURE ACTION ACCOMPLISHES THAT, THEN HAYS CITY WOULD BE IN A POSITION AND THE E.T.J. IS RELEASED, THEN HAYS CITY WOULD BE IN A POSITION TO ANNEX OUT TO THIS LINE, WHICH WOULD THEN EXPAND THEIR E.T.J. FURTHER INTO THIS 5,465 ACRES, BUT FOR AUSTIN'S EXISTING E.T.J.. THAT'S WHERE WE GET INTO THE SITUATION WHERE -- TO THE EXTENT THAT HAYS CITY AND BUDA MAY HAVE COMPETING VIEWS ABOUT THE DESTINY OF THAT, MY SENSE IS THAT THE CITY OF AUSTIN WOULD LIKE TO SEE THAT WORKED OUT BETWEEN THOSE TWO COMMUNITIES.

>> I JUST WANT TO ASSURE IT'S NOT AN EXCLUSIVE THING FOR BUDA TO BE ABLE TO MOVE INTO THAT TERRITORY, THAT IT'S STILL OPEN FOR THE CITY OF HAYS.

>>MAYOR WATSON: YOUR CONCERNS WHICH YOU HAVE SHARED WITH ME WERE SHARED WITH EVERYBODY AND THAT'S WHY IT IS IN THIS THIS WAY. IF THERE IS AT SOME POINT A DETERMINATION, AND I THINK MR. MARTIN SAYS IT PRETTY WELL, AT LEAST FOR ME AND I THINK FOR ALL THE MEMBERS OF THE COUNCIL, THE CITY OF AUSTIN -- IF BUDA AND THE CITY OF HAYS COME TO SOME SORT OF AGREEMENT THAT MAKE SOMETHING EXCLUSIVE, THEN THAT -- THAT'S BETWEEN BUDA AND THE CITY OF HAYS ON THIS. BUT NOTHING -- THE CITY COUNCIL OF AUSTIN, TEXAS, IF IT PASSES THIS TODAY IS NOT DOING ANYTHING TO PRECLUDE THAT SORT OF ARRANGEMENT. AND EXPRESSLY IT'S THE OPPOSITE. IT'S TRYING TO AVOID DOING THAT. BECAUSE YOU HAVE BEEN VERY EFFECTIVE IN ARTICULATING OUR POSITION.

>> I APPRECIATE EVERYBODY WORKING ON IT.

>>MAYOR WATSON: THANK YOU.

>> MAYOR, LET ME POINT OUT ONE HYPOTHETICAL SITUATION THAT COULD CREATE AN ISSUE. IF BUDA DOES -- IS SUCCESSFUL IN ANNEXING OUT HERE WITHIN THEIR EXISTING E.T.J., AND THEN IT COULD CREATE A RELEASE OF AREA UP IN HERE THAT WOULD BE WITHIN ITS HALF MILE OF ITS NEW CITY LIMITS. IN OTHER WORDS, SAYING THAT IS IT DEPENDS ON WHICH CITY MIGHT GET THEIR FIRST. WHICH WE HAVE NO CONTROL OVER. AND BEING GENERAL [INAUDIBLE] MY UNDERSTANDING IS THEIR POWERS TO ANNEX ARE DEPENDING UPON A REQUEST FROM THE LANDOWNER WHOSE LAND IS BEING ANNEXED. SO THERE IS SOME POSSIBILITY THAT IF BUDA IS SUCCESSFUL IN ANNEXING TERRITORY WEST, IT COULD CREATE SOME E.T.J. THAT WOULD BE WITHIN THEIR POTENTIAL E.T.J. AND NOT WITHIN HAYS CITY'S CURRENT POTENTIAL E.T.J. THAT --

>> I WILL ENCOURAGE THE CITY OF BUDA PEOPLE TO MEET WITH THE CITY OF HAYS PEOPLE AND WORK THOSE ISSUES OUT.

>>MAYOR WATSON: JIM CAMP.

>> MAYOR WATSON, COUNCILMEMBERS, GOOD MORNING. MY NAME IS JIM CAMP. I'M A DIRECTOR OF PRECINCT 1 ON THE BOARD OF THE BARTON SPRINGS, EDWARDS AQUIFER AQUIFER DISTRICT REPRESENTING BUDA AND NORTHERN HAYS COUNTY. I WANT TO FIRST THANK YOU, MAYOR, AND THE COUNCIL FOR YOUR DILIGENT HARD WORK. THE ISSUES ARE VERY COMPLEX AND I REALLY PRAISE YOU FOR STAYING THE COURSE AND FINALIZING THIS AGREEMENT. ALSO I WANT TO THANK COUNCILMEMBERS WARREN AND LANE, NANCY BRINKLEY, WE ARE ALL ON THE E.T.J. COMMITTEE. AND ALSO MAYOR GRAY AND COUNCILMEMBER GREEN WHO IS IN ATTENDANCE AS WELL. IT'S ALWAYS A PLEASURE TO STAND BEFORE YOU WHEN THE CITY OF AUSTIN, CITY OF BUDA, CITY OF HAYS AND THE AQUIFER DISTRICT CAN WORK COOPERATIVELY IN PROTECTING THE AQUIFER AND THE SPRINGS. I AGREE WITH MR. BUNCH, MR. BOLLINGER THAT THE WORK IS NEVER DONE. WE HAVE A LOT OF WORK TO DO. THE CITY OF BUDA IS WORKING VERY HARD TO RECTIFY THEIR WASTEWATER PROBLEM. I'VE MET WITH THEM OF THEM. THEY'VE MET WITH OUR STAFF. WE'RE LOOKING FOR LONGTERM SOLUTIONS TO HELP MR. BOLLINGER AND THE PEOPLE DOWNSTREAM. IT'S INCUMBENT ON THE LEADERSHIP IN BUDA TO ENFORCE THE WATER QUALITY ORDINANCE. IT'S ALSO INCUMBENT ON THE PEOPLE THAT LIVE IN NORTHERN HAYS COUNTY TO WORK WITH THEM TO BE DILIGENT ABOUT PROTECTING THE AQUIFER AND THEIR OWN WATER SUPPLY. SO YES, THE WORK IS NEVER DONE. WE'RE GOING TO CONTINUE TO BE VERY DILIGENT IN TRYING TO PROTECT THE AQUIFER. AND I APPRECIATE YOUR TIME TODAY AND REALLY ENCOURAGE YOU TO CONTINUE TO HAVE TALKS WITH THE PARTIES INVOLVED. THANKS.

>>MAYOR WATSON: THANK YOU, MR. CAMP. COUNCIL, THOSE ARE ALL THE PEOPLE THAT SIGNED UP TO SPEAK. I'LL ENTERTAIN A MOTION WITH REGARD TO ITEM NO. 12.

>>WYNN: MOVE APPROVAL.

>>MAYOR WATSON: I'LL SECOND THAT MOTION. DISCUSSION?

>>SLUSHER: MAYOR?

>>MAYOR WATSON: COUNCILMEMBER SLUSHER.

>>SLUSHER: MR. MARTIN, COULD YOU COME UP FOR A SECOND? OKAY, SO THE AREA THAT WOULD BE RELEASED BY THIS RESOLUTION HAS 234 ACRES ON THE EASTERN SIDE OF BUDA.

>> YES, SIR.

>>SLUSHER: WHICH IS ALONG I-35 MAINLY AND NOT IN THE -- IT'S NOT OVER THE EDWARDS AQUIFER RECHARGE OR CONTRIBUTING ZONE.

>> THAT'S CORRECT, SIR.

>>SLUSHER: AS DEFINED IN EITHER ORDINANCE.

>> YES, SIR, THAT'S RIGHT.

>>SLUSHER: AND THEN AREA 2, THERE TO THE WEST OF BUDA, THAT'S 345 ACRES THAT IS OVER THE EDWARDS AQUIFER, BARTON SPRINGS ZONE, CORRECT?

>> YES, SIR.

>>SLUSHER: AND THAT'S ALL THAT IS IN THIS -- IT WOULD BE RELEASED BY TODAY'S ACTION.

>> WELL, EVEN -- THE ONLY THING THAT AS OF YOUR PASSAGE OF THIS RESOLUTION IS IMMEDIATELY RELEASE SPRINGFIELD AREA 1. AREA 2 WILL BE RELEASED WHEN BUDA'S WATER QUALITY ORDINANCE IS MADE EFFECTIVE. AND AGAIN, I BELIEVE THAT IS SCHEDULED TO HAPPEN AUGUST 7TH. SO ON AUGUST 7TH, WHEN BUDA'S ORDINANCE IS MADE EFFECTIVE SO THAT IT REGULATES DEVELOPMENT IN WHAT THEY CHARACTERIZE AS THE RECHARGE ZONE, WHICH, AGAIN, IS BOTH RECHARGE AND CONTRIBUTING, THEN AREA 2 WILL BE RELEASED. AND FROM THAT POINT FORWARD, SO LONG AS THEIR ORDINANCE STAYS IN PLACE, IF THEY ARE SUCCESSFUL IN ANNEXING OR GETTING LANDOWNERS TO PETITION TO BECOME PART OF BUDA'S E.T.J., FUTURE E.T.J. RELEASES BEYOND 1 AND 2 CAN OCCUR WHEN THEY'VE -- THEY FOLLOW THE PROCEDURES THAT STATE LAW REQUIRE FOR THE EXPANSION OF THEIR E.T.J..

>>SLUSHER: OKAY. AND UNDER THIS ORDINANCE, HOW WOULD IT BE DETERMINED BY THE CITY WHETHER OR NOT THAT HAD BEEN MET?

>> THAT IS THE MANAGER'S JOB UNDER UNDER IF FINAL PARAGRAPH TO ASCERTAIN THAT THE CONDITIONS OF RELEASE HAVE BEEN SATISFIED. AND SO WHEN BUDA BRINGS IN A REQUEST FOR THE RELEASE OF ADDITIONAL E.T.J., THE CITY MANAGER WILL NEED TO JUST FOLLOW THE CHECKLIST AND ENSURE THAT UPON ITS RELEASE FROM AUSTIN, THE AREA THAT THEY ARE REQUESTING WOULD SIMULTANEOUSLY BE INCLUDED WITHIN BUDA'S E.T.J.. AND THAT'S NECESSARILY GOING TO REQUIRE THE MANAGER TO MAKE SURE THAT ORDINANCES THAT NEEDED TO BE PASSED HAVE BEEN PASSESED AND REQUESTS FOR -- PETITIONS FROM LANDOWNERS, BASICALLY ALL OF THE STEPS THAT THE MANAGER WOULD LOOK AT IF THE CITY OF AUSTIN'S E.T.J. WERE TO BE EXPANDED. JUST ENSURING THE LAW HAS BEEN FOLLOWED SO THAT HE CAN IMPLEMENT AND ENFORCE THIS RESOLUTION AND ENSURE THAT TERRITORY THAT IS RELEASED SIMULTANEOUSLY BECOMES A PART OF BUDA'S E.T.J..

>>SLUSHER: OKAY. CAN YOU GIVE ME A MAXIMUM NUMBER FOR ULTIMATELY HOW MANY AREAS OVER THE BARTON SPRINGS, EDWARDS AQUIFER ZONE COULD BE RELEASED UNDER THE TERMS OF THIS ORDINANCE?

>> I'M GOING TO HAVE TO -- I DON'T KNOW IF BEN OR SOMEBODY ELSE IS HERE. I DON'T KNOW THAT ACREAGE T TOTAL ACREAGE WITHIN THE BLUE BOUNDARIES IS 5,465. THIS MAP IDENTIFIES THIS AREA AND THIS AREA AS BEING WITHIN CONTRIBUTING OR RECHARGE ZONE AS AUSTIN DEFINES IT. I WOULD SAY THAT'S EYEBALLING IT MAY BE UP TO 3,000 ACRES OF THE 5,465.

>>SLUSHER: MR. LUKENS, DO YOU WANT TO TAKE A SHOT AT THAT?

>> BEN, YES.

>> WELL, OF THAT TOTAL MAXIMUM, SOME OF WHICH IS IN HAYS CITY JURISDICTION, THERE IS 2930 IN BARTON SPRINGS RECHARGE OR CONTRIBUTING. SO PROBABLY ABOUT 60, 50 OR 60 OVER THERE IN HAYS. SO IN THEORY, THEY COULD DO SOMETHING LIKE MAYBE 2880. YOU KNOW, OVER HERE. RECHARGE AND CONTRIBUTING.

>>SLUSHER: YOU THINK THAT WOULD BE THE MAXIMUM?

>> THAT'S THE MAXIMUM AMOUNT OF --.

>>SLUSHER: THAT'S HOW MUCH IS IN HERE IN THOSE BLUE BOUNDARIES THAT ARE COVERED BY THIS RESOLUTION.

>> THERE IS A TOTAL OF 2,930 ACRES IN THE BARTON SPRINGS RECHARGE OR CONTRIBUTING ZONE. PROBABLY 50 OF THAT IS IN HAYS CITY. POTENTIAL E.T.J.. SO WE TOOK 50 OUT OF 2930, WE HAVE ABOUT 2880 IS THE MAXIMUM POTENTIAL RECHARGE AREA THAT COULD GO TO BUDA.

>>SLUSHER: OKAY. BUT UNDER THE -- UNDER THE RESOLUTION PASSED A FEW MONTHS AGO BY THE COUNCIL THAT WAS NEVER ACCEPTED BY BUDA, I BELIEVE IS A FAIR WAY TO CHARACTERIZE IT, THERE WERE PROPERTIES IN THERE THAT WOULD HAVE BEEN RELEASED THAT WERE -- WOULD NOT GO UNDER BUDA'S ORDINANCE, THEY WOULD JUST GO UNDER COUNTY REGULATIONS IN HAYS COUNTY; ISN'T THAT CORRECT?

>> THAT'S RIGHT. UNDER THIS NONE OF THIS -- UNDER THIS RESOLUTION, NO -- NONE OF THIS 2880 WOULD GO INTO HAYS COUNTY'S SOLE JURISDICTION. THIS RESOLUTION, IT HAS TO GO INTO -- TO BE RELEASED, IT HAS TO FALL INTO THE JURISDICTION OF BUDA.

>>SLUSHER: OKAY. DO YOU REMEMBER THE NUMBER ON THAT THAT WAS GOING INTO HAYS COUNTY, WITHOUT THE BUDA E.T.J.?

>> SURE. LET ME LOOK IT UP. IT WAS A FAIR NUMBER. I WOULD HAVE TO LOOK AT ANOTHER DOCUMENT.

>>SLUSHER: IF YOU WANT TO DO THAT, GO AHEAD, I HAVE A COUPLE QUESTIONS FOR MR. MARTIN. YEAH, MR. MARTIN, CONCERNING THE-CONSIDERING THE FACT BUDA HAS PASSED A WATER QUALITY ORDINANCE OF -- VERY SIMILAR TO S.O.S., I CONSIDER THAT TO BE HISTORIC DEVELOPMENT IN PROTECTION OF BARTON SPRINGS AND THE EDWARDS AQUIFER BECAUSE THE CITY OF AUSTIN DOESN'T HAVE ALL OF THE BARTON SPRINGS ZONE WITHIN OUR JURISDICTION. A VERY LARGE PART OF IT IS IN OTHER JURISDICTIONS, INCLUDING BUDA'S, SO I CONSIDER THAT TO BE A VERY IMPORTANT DEVELOPMENT KIND OF THING SO WE -- KIND OF THING THAT IS ABSOLUTELY NECESSARY TO PROTECT AND PRESERVE BARTON SPRINGS. SO -- AND SO -- I WANT TO NOTE THAT BEFORE I ASK THESE QUESTIONS BECAUSE I DON'T WANT YOU TO THINK IT'S DIRECTED AT ANYBODY NECESSARILY SITTING IN THIS ROOM. BUT THE AUSTIN CITY COUNCILL IN PREVIOUS YEARS, NOT THIS ONE, BUT HAS AT TIMES GRANTED WAIVERS TO THE CITY'S WATER QUALITY ORDINANCES. AND THAT'S LED TO DECREASED PROTECTION OF THE AQUIFER. SO SUPPOSE A BUDA CITY COUNCILL DID THAT TO THEIR ORDINANCE AND STARTED -- AREAS THAT THE CITY HAD RELEASED, THAT THEY STARTED WAIVING THOSE FROM THE WATER QUALITY ORDINANCES. HOW WOULD THAT AFFECT FUTURE RELEASES?

>> WELL, WITH RESPECT TO FUTURE RELEASES, LET ME JUST PUT ON THE RECORD SOMETHING THAT I THINK EVERYBODY CAN AND SHOULD UNDERSTAND. THIS IS A RESOLUTION THAT THIS CITY COUNCILL IS PASSING TODAY. AND A FUTURE CITY COUNCILL OR FOR THAT MATTER THIS CITY COUNCIL JUST AS THIS RESOLUTION REPEELS THE RESOLUTION THAT WAS ENACTED BACK IN MARCH, THIS RESOLUTION COULD BE REPEALED IF AN AUSTIN CITY COUNCILL CAME TO THE CONCLUSION THAT THE WATER QUALITY PROTECTION THAT HAD BEEN PROMISED BY BUDA WAS NOT HAPPENING. AND SO THAT IS SOMETHING THAT WOULD PREVENT FUTURE RELEASES OF E.T.J. IF THIS CITY COUNCILL BECAME CONCERNED THAT THERE WAS INADEQUATE PROTECTION BY BUDA. BUT BUDA HAS PASSED A STRONG WATER QUALITY PROTECTION ORDINANCE THAT INCLUDES ELEMENTS BOTH OF S.O.S., CWO AND THE U.S. FISH & WILDLIFE SERVICE GUIDELINES, AND CERTAINLY I THINK IT WOULD BE PREMATURE FOR ANYONE TO SPECULATE ON THEIR UNWILLINGNESS OR INABILITY TO ENFORCE THAT ORDINANCE ONCE IT BECOMES EFFECTIVE.

>>SLUSHER: RIGHT. AND ALTHOUGH WE HAVE TO LOOK FOR EVERY EVENTUAL TI, YOP THIS BUDA CITY COUNCILL IS GOING TO START WAIVING THE ORDINANCE AFTER IT GOES INTO EFFECT AND AFTER THEY GET MORE LAND UNDER THAT ORDINANCE, BUT WE NEVER KNOW WHAT IS GOING TO HAPPEN IN THE FUTURE AND WHO MIGHT BE SITTING THERE IN THE FUTURE. AND SO WHAT YOU ARE SAYING, THAT IT -- IF IT WAS DETERMINED THAT -- BECAUSE UNDER THIS A GOOD FAITH -- GOOD FAITH EXECUTION OF THIS RESOLUTION AND THIS AGREEMENT WITH BUDA WOULD BE THAT THOSE AREAS ARE GOING TO BE PROTECTED BY THAT ORDINANCE THAT HISTORICALLY PASSED S.O.S. ORDINANCE THAT WAS PASSED IN BUDA AND WILL GO INTO EFFECT SOON. SO IF THE CITY -- A CITY COUNCIL HERE WERE TO DETERMINE THAT WASN'T BEING CARRIED OUT, THOSE PROPERTIES WEREN'T BEING PROTECTED, AND WE WOULD HAVE THE AUTHORITY TO SAY WELL THEN WE'RE NOT GOING TO RELEASE MORE PROPERTY SINCE IT'S NOT BEING PROTECTED, IF THAT WERE TO HAPPEN.

>> WELL, AGAIN, THIS ORDINANCE -- AND COUNCILMEMBER WARREN AND I HAD THIS DISCUSSION. AUSTIN HAS A VERY LEGITIMATE REASON AND DESIRE TO ENSURE WATER QUALITY IN THIS AREA BECAUSE ULTIMATELY THAT WATER ENDS UP IN BARTON SPRINGS. AND IF THIS RESOLUTION PRECEDES ON THE ASSUMPTION THAT A COMBINATION OF BUDA'S WATER QUALITY ORDINANCE AND AUSTIN'S WATER QUALITY ORDINANCE WILL PROVIDE THE PROTECTION THAT AUSTIN CONSIDERS NECESSARY TO PROTECT BARTON SPRINGS, AND IF A COUNCIL IN THE FUTURE DETERMINES THAT THOSE CONDITIONS AREN'T BEING SATISFIED, THEN THAT COUNCIL, JUST AS THIS COUNCIL, HAS EVERY RIGHT AND POWER TO REPEAL THIS ORDINANCE -- REPEAL THIS RESOLUTION SO THAT NO ADDITIONAL RELEASES ARE MADE UNDER IT.

>>SLUSHER: OKAY. AND I WANT TO MAKE CLEAR, I'M CERTAINLY NOT CONTEMPLATING THAT, BUT I'M TRYING TO DO EVERYTHING POSSIBLE AND GET EVERYTHING POSSIBLE ON THE RECORD THAT WILL PROTECT THE AQUIFER THAT WE'RE ALL WORKING VERY HARD TO PROTECT. I SEE A FEW HEADS NOD THANKING THEY UNDERSTAND.

>>MAYOR WATSON: CAN I INTERRUPT YOU RIGHT THERE?

>>SLUSHER: WHY NOT.

>>MAYOR WATSON: COUNCILMEMBER WARREN HAS SAID TO ME JUST WHAT YOU SAID BEFORE. AND SINCE YOU ARE MAKING A PRETTY STRONG RECORD ALONG THOSE LINES, COUNCILMEMBER WARREN, WOULD YOU MIND STEPPING UP AND COMMENTING ON THAT? I DON'T WANT TO PUT YOU ON THE SPOT, BUT WE'RE ALL TRYING TO PROTECT THE AQUIFER, AS YOU'VE EXPRESS TO DO ME IN THE PAST AND I JUST WANT TO MAKE SURE WE GET THAT COVERED.

>> THANK YOU, MAYOR. COUNCILMEMBERS, I AGREE WITH YOU THAT THE PROTECTION OF THE AQUIFER IS PARAMOUNT. IT IS THE INTENT OF THIS COUNCIL AND I'VE TALKED WITH ALL OF OUR COUNCIL AND OUR MAYOR, AS OR ATTENTION TO -- IT IS OUR INTENTION TO RESPECT THE ORDINANCE WE HAVE PASSED. I DON'T HAVE A CRYSTAL BALL AS ANYONE ELSE IN THIS ROOM HAS. THAT IS OUR INTENTION. THAT IS OUR GOAL. AND OUR CULTURE OF BUDA AREA TO PROTECT THE AQUIFER AS BEST WE CAN. AND HOW WE DO THAT WITH AN ORDINANCE AND ENFORCING THE ORDINANCE. I'VE TALKED WITH MAYOR WATSON, THE COMMITTEE AT VARIOUS TIMES, AND I MADE A QUITE BLUNT COMMENT TO MAYOR WATSON IF YOU DON'T THINK WE'RE DOING A GOOD JOB, YOU CAN TAKE IT BACK. I DON'T THINK IT'S GOING TO --.

>>MAYOR WATSON: [INAUDIBLE - NO MIC ON] [LAUGHTER].

>>SLUSHER: I CAN IMAGINE THAT.

>>MAYOR WATSON: I'M SORRY TO INTERRUPT.

>>SLUSHER: YOU WEREN'T ASKING TO LIST THEM ALL.

>>MAYOR WATSON: NO, I WASN'T.

>> I DON'T THINK MAYOR WATSON OR THE CITY COUNCILL OF AUSTIN IS GOING TO HAVE THAT OPPORTUNITY, TO BE POINT BLANK WITH YOU. BUT THE OPPORTUNITY IS THERE. WE HAVE DISCUSSED WITH MAYOR WATSON THAT IF AUSTIN FEELS THAT THE AQUIFER LANDS ARE JEOPARDIZED BY MISUSE, MISHANDLING OR NOT IN COMPLIANCE WITH WHAT OUR INTENTIONS ARE TODAY IN OUR ORDINANCES WE'RE PASSING, THEN WE'LL SEE EACH OVER AGAIN OVER THE DAIS, BUT I DON'T THINK YOU ARE GOING TO HAVE THAT OPPORTUNITY.

>>SLUSHER: I APPRECIATE THAT. IT'S SORT OF REFRESHING TO ME TO SEE ANOTHER CITY COUNCILL GETTING ATTACKED BY SOME OF OUR ACTIVISTS HERE IN TOWN. LET ME ASK A COUPLE MORE QUESTIONS TO MR. MARTIN AND I'LL BE READY TO ROLL.

>>MAYOR WATSON: I'M SORRY TO INTERRUPT. YOU HAVE THE FLOOR.

>>SLUSHER: THAT'S ALL RIGHT, MAYOR. THAT WAS HELPFUL.

>>SLUSHER: MR. MARTIN, IS THERE ANYTHING THAT IS GRANDFATHERED IN THIS AREA THAT WE'RE GETTING READY TO RELEASE TODAY?

>> I'M NOT AWARE OF ANYTHING, COUNCILMEMBER. OBVIOUSLY CHAPTER 245 APPLIES TO DUDE BA JUST AS IT APPLIES TO AUSTIN -- BUDA JUST AS IT APPLIES TO AUSTIN, BUT IT'S MY GENERAL UNDERSTANDING THERE HASN'T BEEN A LOT OF DEVELOPMENT ACTIVITY, THAT MOST OF THIS LAND, A AND I WOULD DEFER TO THE BUDA FOLKS AND JIM CAMP, BUT MOST OF THIS LAND IS RANCH AND FARMLAND.

>>SLUSHER: BUT SINCE IT'S IN AUSTIN'S E.T.J. UP UNTIL THIS IS PASSED, ANY APPLICATIONS WOULD HAVE BEEN FILED WITH AUSTIN.

>> YES.

>>SLUSHER: SO WE DON'T KNOW OF ANYTHING THAT IS FILED UNDER ANY PREVIOUS ORDINANCE OTHER THAN S.O.S. OR EVIDENTLY EVEN UNDER S.O.S.?

>> I DON'T BELIEVE SO. AND I'M LOOKING HERE TO -- FOR CONFIRMATION TO BEN AND DAVID AND I DON'T THINK THERE'S BEEN ANY DEVELOPMENT PLANS THAT HAVE GONE SO FAR AS AN APPLICATION BEING FILED. I KNOW THAT ON THIS AREA HERE, AREA 1, THERE ARE SOME LANDOWNERS WITH SOME DEVELOPMENT PLANS THAT HAVE DELAYED THEIR PROCESSING OF APPLICATIONS UNTIL THIS RESOLUTION IS PASSED SO THEY DON'T HAVE TO FILE BOTH WITH AUSTIN AND LATER WITH BUDA.

>>SLUSHER: OKAY.

>> BUT THAT IS EAST OF I-35.

>>SLUSHER: ALL RIGHT. THEN IF -- OKAY, MR. MARTIN, I THINK I'M DONE THERE. MR. LUKENS, DO YOU HAVE THAT NUMBER FOR ME?

>> I COULDN'T FIND THE EXACT NUMBER BECAUSE I'VE GOT SO MUCH HISTORY AND IT'S NOT ORGANIZED LIKE I LIKE IT. JUST ADDING UP THE NUMBERS, LOOKS LIKE ROUGHLY 1,000 ACRES WOULD HAVE GONE INTO JUST -- BETWEEN 800 TO 1,000 ACRES WOULD HAVE GONE TO COUNTY JURISDICTION. BUT DON'T HOLD ME TO THAT BECAUSE I COULDN'T FIND THAT EXACT NUMBER.

>>SLUSHER: OKAY. I'M SORRY TO PUT YOU ON THE SPOT. THAT'S RELATIVELY EQUIVALENT TO MY MEMORY OF WHAT THAT WAS. I THINK IT WAS A LITTLE LESS THAN 1,000 ACTUALLY. SO THAT'S OKAY. SO -- MAYOR, I'M GOING TO -- I'M READY TO VOTE FOR THIS. I JUST WANT TO REPEAT THAT I DO THINK IT'S CRITICALLY IMPORTANT THAT BUDA HAS PASSED THIS WATER QUALITY ORDINANCE. I DON'T THINK THAT'S REALLY BEEN NOTED ENOUGH AS WHAT A SIGNIFICANT DEVELOPMENT OR SIGNIFICANT PIECE OF PROGRESS THAT IS. I THINK THE ONLY WAY WE'RE GOING TO PRESERVE THE AQUIFER IS TO WORK TOGETHER. WE'VE HEARD TALK ABOUT WHETHER OR NOT THERE IS A REGIONAL PLAN TO PROTECT THE AQUIFER, BUT I WOULD SAY THAT WHEN YOU SEE JURISDICTIONS GETTING TOGETHER AND WORKING LIKE THIS, THAT YOU ARE SEEING VERY SERIOUS REGIONAL COOPERATION TO PROTECT THE AQUIFER AND BARTON SPRINGS AND THAT'S WHAT IT'S GOING TO TAKE, THAT'S ONE OF THE THINGS IT'S GOING TO TAKE TO DO IT.

>>MAYOR WATSON: THANK YOU. FURTHER COMMENTS? COUNCIL, THE MOTION IS -- MOTION HAS BEEN MADE AND SECOND TO DO APPROVE ITEM NO. 12. ALL IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES WITH COUNCILMEMBER THOMAS ABSENT. CONGRATULATIONS TO EVERYBODY. I WANT TO THANK MR. MARTIN, BUT I ALSO NT TO THANK BEN LUKENS AND DAVID LLOYD WHO HAVE BEEN PART OF THIS AND THEY HAVE BEEN VERY GOOD. THERE'S NOBODY THAT KNOWS MORE ABOUT ALL THIS LAND RIGHT NOW THAN THOSE TWO IN TERMS OF TRYING TO HELP US GET TO A GOOD RESULT AND I WANT TO SAY PUBLICLY THANK YOU TO YOU ALL FOR THAT. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE].

>>MAYOR WATSON: WE HAVE RECESSED THE EXECUTIVE SESSION, SO COUNCIL WILL WILLING BACK INTO EXECUTIVE SESSION AS SOON AS WE FINISH THE GENERAL CITIZENS COMMUNICATIONS. COUNCIL, THOSE ARE THE NEXT ITEMS ON THE AGENDA, ITEMS 58 THROUGH 67. GECH RAL CITIZENS -- GENERAL CITIZENS COMMUNICATIONS, PAT VALLS-TRELLES. WELCOME. BE FOLLOWED BY AKWASI EVANS AND JONI R. HUGHES.

>> MAYOR, MAYOR PRO TEM, CITY COUNCILLMEMBERS AND MR. GARZA, WHEREVER YOU ALL ARE, I AM HERE TO REQUEST THAT YOU DO NOT INCREASE FEES FOR ANIMAL SERVICES AS CURRENTLY PROPOSED IN THE CITY MANAGER'S PROPOSED BUDGET. TWO OF THESE FEE INCREASES WILL HAVE A VERY NEGATIVE EFFECT ON LOW INCOME PEOPLE, MANY OF WHOM CURRENTLY DO NOT HAVE THE MONEY TO RECLAIM THEIR IMPOUNDED ANIMALS. ANOTHER FEE INCREASE, THE ONE FOR REGISTERING A PET WHO HAS BEEN SPAYED OR NEUTERED TAKES AWAY THE INCENTIVE TO GET ANIMALS STERILIZED. VOLUNTEERS WHO WORK AT THE SPAY NEUTER CLINIC TELL ME THIS FINANCIAL INCENTIVE IS SOMETHING THEY USE TO GET MORE PEOPLE TO SPAY AND NEUTER THEIR ANIMALS, WHICH IS SOMETHING WE WANT TO ENCOURAGE. A FOURTH FEE INCREASE WOULD SET THE RESCUE FEE AT $20. CURRENTLY, THERE IS FOR NO RESCUE FEE. RESCUERS PAY $6 FOR A RABIES VACCINATION IN THE ANIMAL IS OLD ENOUGH TO GET IT, $5 FOR REGISTRATION, $9 IN THE ANIMAL IS MICRO CHIPPED. THERE ARE MANY UNANSWERED QUESTIONS ABOUT MAKING THIS FEE A FLAT FEE, SUCH AS WHICH ANIMALS WOULD GET IT, WHEN WOULD THEY RECEIVE THE SERVICES AND I'M ASKING YOU NOT TO APPROVE THIS PARTICULAR FEE UNTIL THESE QUESTIONS ARE RESOLVED. PERHAPS NEXT YEAR. ON THE FIRST THREE, I URGE YOU NOT TO INCREASE THEM, NOT NOW AND NOT NEXT YEAR. THE EQUITY COMMISSION, WHICH YOU APPOINTED, HAS LOOKED AT THE GAP BETWEEN RICH AND POOR AND INCREASINGLY HARD TIME THAT POOR PEOPLE ARE HAVING MAKING ENDS MEET IN THIS CITY AS THE RICH GET RICHER AND THE -- THOSE RESOURCES DON'T AFFECT -- DON'T GET DOWN TO THEM. FOR PEOPLE STRUGGLING WITH HOW TO PAY FOR HOUSING, FOR FOOD AND FOR MEDICAL CARE, COMING UP WITH $100 OR $150 TO RECLAIM THEIR ANIMALS IS OUT OF THE QUESTION. ANIMALS ALREADY DIE AND LOW INCOME FEEL GREAT SADNESS WHEN THIS HAPPENS. PLEASE DO NOT MAKE THE SITUATION WORSE BY INCREASING THE RECLAIM FEE AND THE BOARD AND CARE FEE. NOT NOW, NOT NEXT YEAR. IN FACT, I WOULD RECOMMEND THAT YOU NOT INCREASE THEM UNTIL ALL OF THE RECOMMENDATIONS OF THE EQUITY COMMISSION HAVE BEEN IMPLEMENTED AND THE GAP BETWEEN RICH AND POOR HAS BEEN CLOSED. YOU MAY HAVE SEEN ASTAR RENTERA ON KXAN. HER DOG MICAH DIED AT THE TOWN LAKE ANIMAL CENTER BECAUSE SHE COULD NOT AFFORD THE $100 FEE. EVEN AFTER HER FEE WAS REDUCED TO $50, THANKS TO SNIP, SHE STILL COULD NOT AFFORD. ON BEHALF OF MS. RENTERA, ON BEHALF OF MICAH, ON BEHALF OF ALL OF THE LOW INCOME PEOPLE WHOSE DOGS HAVE NOT YET DIED [BUZZER SOUNDING] PLEASE DO NOT APPROVE FEES THAT WOULD MAKE IT MORE DIFFICULT FOR THEM TO RECLAIM THEIR ANIMALS. THANK YOU VERY MUCH.

>>GOODMAN: THANK YOU VERY MUCH.

>>WASI EVANS. IS MR. EVANS HERE. AKWASI EVANS. JONI R. HUGHES? JONI R. HUGHES? RAMON MALDONADO.

>> [SPEAKING IN SPANISH]

>>GOODMAN: THANK YOU VERY MUCH, COUNCILMEMBER ALVAREZ DID YOU WANT TO TRANSLATE?

>>ALVAREZ: HE, MR. MALL DID A -- MALDANDO TOUCHED ON A COUPLE OF ISSUES. A MEETING TONIGHT, AT GREATER CALVARY BAPTIST CHURCH, 6501 BERKMAN, I BELIEVE, TO DISCUSS THE SITUATION WITH AISD THAT'S BEEN IN THE NEWS RECENTLY. THEN HE REITERATED THE NEED TO PROVIDE THIS INFORMATION OR DELIBERATIONS IN SPANISH SO THAT MEMBERS OF OUR COMMUNITY WHO FOR -- FOR WHOM ENGLISH IS A SECOND LANGUAGE CAN ALSO KEEP ABREAST OF THE INFORMATION AND I WOULD NOTE THAT -- THAT I HAVE BEEN WORKING WITH THE CITY MANAGER AND TO TRY TO -- TO INCLUDE IN THE BUDGET FOR NEXT YEAR THE POSSIBILITY OF HAVING THOSE -- THESE PROCEEDINGS TRANSLATED THROUGH THE -- I DON'T KNOW WHAT YOU CALL THAT SERVICE, WHERE THEY -- THEY SPANISH AND --

>>GOODMAN: CLOSED CAPTIONING.

>>ALVAREZ: CLOSED CAPTIONING TYPE SERVICES, IN DIFFERENT LANGUAGES. WE ARE LOOKING INTO THAT, TO SEE IF WE CAN ACCOMPLISH THAT DURING THIS NEXT BUDGET CYCLE.

>>GOODMAN: THANK YOU, COUNCILMEMBER. ROBERT THOMAS. MR. THOMAS? GUS PENA. I WILL COME BACK TO HIM AFTER I'VE GONE THROUGH THE LIST.

>> GOOD AFTERNOON, COUNCILMEMBERS, GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS. LET ME READ YOU WHAT IS CONTAINED IN YOUR BUDGET PROPOSAL AND IT STATES UNDER NEIGHBORHOOD HOUSING COMMUNITY DEVELOPMENT OFFICE, THE MISSION OF THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT OFFICE IS TO PROVIDE HOUSING AND COMMUNITY SMALL BUSINESS DEVELOPMENT, I WILL STOP THERE. THAT SAYS A LOT. THAT SAYS ENOUGH, THAT SHOULD BE ENOUGH. AND THE PROGRAM THAT YOU ARE TALKING ABOUT, RAUL, IS SAP, SPANISH ASSISTANCE PROGRAM, THAT IS WHAT'S NEEDED HERE. I'M HERE, I GUESS, IT MIGHT SOUND REDUNDANT, BUT YOU ALL HAVE READ MY ISSUES ON THE AGENDA AND AGAIN WE ARE PUSHING FOR TRANSITIONAL HOUSING. MANY VETERANS WENT TO VIETNAM, WENT TO KOREA, WERE WOUNDED, SUFFERED, BLOOD, SWEAT, TEARS, WE ARE NOT TALKING ABOUT THE SONG, YOU KNOW. WE DESERVE RESPECT. OKAY? A LOT OF PEOPLE ARE GETTING ASSISTANCE. THESE INDIVIDUALS ARE NOT GETTING ASSISTANCE. AND SOMEBODY IS DRAGGING THEIR FEET. AND THAT'S NOT RIGHT. PEOPLE ARE TAXPAYERS, WE ARE TIRED OF IT. TRANSITIONAL HOUSING FOR HOMELESS VETERANS AND THEIR FAMILIES. HOUSING FOR VETS AND SINGLE VETS, BUT YOU DON'T HAVE HOUSING FOR VETS AND THEIR FAMILIES. CAPITAL METRO HIRED A CONSULTANT FOR LIGHT RAIL ISSUES UPWARDS OF -- IN EXCESS OF 162 -- $162,000. WHAT A WASTE OF MONEY. WHAT A WASTE OF MONEY, COULD HAVE BEEN SPENT ON SOMETHING ELSE. WE ARE CURRENTLY -- WE RECEIVED THE BUDGET TODAY AND WE ARE GOING TO BE REVISING, REVIEWING IT. WE HAVE ESTABLISHED WHAT IS CALLED A RAINBOW COALITION CITY-WIDE, DISTRICT-WIDE AND COUNTY-WIDE. IT TOTALS 21,462 REGISTERED VOTERS. WE ARE LOOKING AT CANDIDATES THAT HAVE THE INSIDE, FORETHOUGHT AND THE VISION TO HELP PEOPLE WHO NEED HELP AND THOSE CANDIDATES THAT DON'T BRING THOSE ISSUES UP, ACTUALLY WORK ON THEM, YOU ARE NOT GOING TO GET ELECTED. I WILL MAKE THAT PROMISE. EAST AUSTIN CONCERNED HISPANICS HAS 2,952 REGISTERED VOTERS, THAT'S APART FROM CHILDREN, YOUTH, SENIOR CITIZENS, ET CETERA, IMMIGRANTS. WE ESTABLISH THIS BECAUSE WE SEE THE INEQUITIES IN THE COMMISSION THAT WAS CHARGED WITH A TASK OF LOOKING AT AND RECOMMENDING ISSUES OF HOW TO -- HOW TO CLOSE THE GAP -- WELL, WE HAVE A STRONG DIFFERENCE OF OPINIONS WITH THAT REPORT. I DID A PRESENTATION ALREADY AT THE ASIAN AMERICAN COMMUNITY MEETING THAT YOU WERE AT, MAYOR PRO TEM, AND ALSO AT CONNOLLY GUERRERO, I'M SORRY, ROSEWOOD ZARAGOSA ABOUT FOUR WEEKS AGO. I TELL EVERYBODY I WILL NOT SEE SOCIAL EQUITY IN MY LIFETIME. I AM HOPING THAT MY CHILD LUCIO WILL. THAT'S WHY I CHARGE HIM WITH THE TASK IF THE GOOD LORD DECIDES TO TAKE ME ANY TIME HE WANTS TO, I AM HOPING HE TAKES OVER. I SUM UP SAYING I HAD HOPED, WE HAD HOPED THAT [BUZZER SOUNDING] BUDGET HEARINGS WOULD HAVE STARTED EARLIER THAN WHAT THEY DID THIS YEAR. THAT'S SAD, ANYWAY, THANK YOU ALL VERY MUCH FOR THE TIME.

>>GOODMAN: THANK YOU.

>> GAVINO FERNANDEZ. YEAH, I WILL BE BACK. PAUL ROBINS. ROBBINS.

>> CITY COUNCILL, CITIZENS OF AUSTIN, MY NAME IS PAUL ROBBINS, I'M AN ENVIRONMENTAL ACTIVIST AND CONSUMER ADVOCATE AND I CAME HERE TODAY TO SPEAK ABOUT THE UTILITY SECRECY RESOLUTION. THIS IS THE PROPOSAL THAT WOULD ALLOW OUR ELECTRIC UTILITY TO WITHHOLD VAST AMOUNTS OF INFORMATION THAT WAS FORMAL -- FORMERLY AVAILABLE TO THE PUBLIC. THE CITY MANAGER SAID IN HIS POLICY, DRAFT POLICY BUDGET, THAT HE PLANNED TO PUT THIS ITEM ON THE AUGUST SECOND AGENDA, BUT IT IS NOT ON THE AGENDA AGAIN. IN THIS POLICY BUDGET, THE MANAGER ATTEMPTED IN HIS OWN WAY TO HOLD FUNDING FOR IMPORTANT CITY PROGRAMS HOSTAGE. HE SAID THAT IF THE SECRECY RESOLUTION WAS NOT PASSED HE COULD NOT RECOMMEND TRANSFERS FROM THE ELECTRIC UTILITY SUFFICIENT FOR ADEQUATE FUNDING. BUT THE DECISION IS NOT HIS TO MAKE. AND MOREOVER ONE OF THE REASONS THIS IS NOT YET AN OFFICIAL POLICY, THERE IS NOT YET AN OFFICIAL POLICY TO SAFEGUARD INFORMATION, IS THAT AUSTIN ENERGY IS NOT -- WELL, TO BE SPECIFIC, THEY HAVE PULLED THE ITEM OFF THE AGENDA SEVERAL TIMES. AND THE UTILITY COULD HAVE ALSO FACILITATED THINGS BY TRYING TO FIND AN ACCEPTABLE COMPROMISE WITH CONSUMER ACTIVISTS. THE DANGER OF SUCH A POLICY IS EVIDENT. JUST LOOK AT THE JULY 4TH ISSUE OF THE AMERICAN-STATESMAN. THE FRONT PAGE COVERED A BILL STUFFER THE UTILITY SENT OUT CLAIMING THAT THE SOUTH TEXAS NUCLEAR PROJECT WAS A BIG MONEY SAVER. AND ACCORDING TO THE STORY, WHEN THE REPORTER ASKED TO SEE THE DOCUMENTATION FOR THIS RATHER UNORTHODOX CLAIM, IT WAS DENIED BY THE UTILITY FOR PROPER PRIOR TERRI REASONS. PROPRIETARY REASONS. FOR DIFFERENT REASONS THAN THE CITY MANAGER, I THINK THIS ISSUE'S TIME HAS COME. I DON'T THINK WE SHOULD VOTE ON IT DURING THE BUDGET BECAUSE THERE ARE JUST TOO MANY IMPORTANT THINGS THAT THIS COUNCIL HAS TO DEAL WITH. BUT LET'S SET A DATE AND TIME CERTAIN IN OCTOBER AND GET THIS ISSUE AIRED. I HAVE WORKED WITH TWO OTHER PEOPLE, TOM SMITH, A PUBLIC CITIZEN, AND KATHY MITCHELL OF CONSUMERS UNION TO OUTLINE A POSITION THAT WE THINK IS REASONABLE FOR ALL CONCERNED. THE MOST IMPORTANT ITEM WE HAVE PROPOSED SIMPLY TECHNOLOGY A SUNSET PROVISION FOR PROPRIETARY INFORMATION SO THAT AFTER TWO YEARS INFORMATION AND PRICES STILL NOT UNDER CONTRACT WILL BE AVAILABLE TO THE PUBLIC. OCTOBER?

>>GOODMAN: SOUNDS GOOD TO ME. THANK YOU.

>> THANK YOU.

>>GOODMAN: FOR AKWASI EVANS, I DID SEE YOU COME IN, I'M GOING THROUGH THE LIST, THEN I WILL COME BACK. JACQUIS -- SALLY JACQUIS?

>> WE ARE GOING TO SPEAK TOGETHER, THERE'S THREE OF US HERE, WE ARE GOING TO TAKE TWO MINUTES EACH BECAUSE WE WANT TO REALLY PUT A POINTER AGAIN BACK ON THE ARTS FUNDING SITUATION. SO IF THAT'S OKAY WITH YOU ALL WE WON'T GO OVER THE TIME.

>>GOODMAN: IF COUNCIL HAS NO OBJECTION. WE DO NEED TO HAVE EVERYBODY'S NAMES, THOUGH, FOR THE RECORD.

>>SLUSHER: WELL, I JUST HEARD HER SAY THREE PEOPLE, TWO MINUTES EACH, IT'S ONLY A 3 MINUTE ALLOTMENT OF TIME.

>>GOODMAN: ALL RIGHT.

>> I HAVE ALSO SIGNED UP.

>>OODMAN: CINDY ALSO SIGNED UP, THERE'S SIX MINUTES TOTAL.

>> IF THAT'S A PROBLEM, THAT'S OKAY. WE WON'T --

>>SLUSHER: BOTH OF YOU ALL ARE SIGNED UP?

>> YES.

>>SLUSHER: I DON'T HAVE A PROBLEM IF THEY USE THE SAME AMOUNT OF TIME.

>> ALL RIGHT. YOU WANT TO GO FIRST?

>> HONORABLE COUNCILMEMBERS, GOOD AFTERNOON, MY NAME IS CINDY GOLDBERGER, I'M THE MANAGER DISTRICT TORE OF SHARIR DANCE WORKS. I GREATLY APPRECIATE THIS OPPORTUNITY TO COME BEFORE YOU AND EXPRESS MY THOUGHTS AND CONCERNS ABOUT WHAT HAPPENED TO THE COMPANY DURING THIS YEAR'S CULTURAL CONTRACTS FUNDING PROCESS AND THE FLAWS IN THE CURRENT SYSTEM. I ALSO AM REQUESTING THAT THIS COUNCIL PLEASE REINSTATE DANCE WORKS FUNDING FOR THE 20002000 SEASON, OUR -- 2001-2002 SEASON, OUR 19TH YEAR IN AUSTIN. DANCE WORKS HAS BEEN A STAPLE FOR US WITHIN THE AUSTIN ARTS COMMUNITY. DANCE WORKS HAS PRODUCED, PRESENTSND AND FOSTERED THE GROWTH OF COUNTLESS DANCERS, CHOREOGRAPHERS, VISUAL ARTISTS, COMPOSERS AND MUSICIANS. WE ARE PROUD OF OUR LONG STANDING HISTORY AND COMMITMENT TO THIS COMMUNITY, ESPECIALLY IN THIS DAY AND AGE WHEN SO MANY MODERN DANCE COMPANIES THROUGHOUT THE COUNTRY ARE CLOSING THEIR DOORS. BECAUSE OF THE SUPPORT WE RECEIVE FROM THE CITY OF AUSTIN, AND THE IN-KIND SUPPORT WE RECEIVE AS THE COMPANY IN RESIDENTS AT U.T., WE HAVE BEEN ABLE TO CREATE STABILITY FOR OUR ORGANIZATION. THAT IS WHY I AM SO PERPLEXED BY THE CULTURAL CONTRACT STAFF AND THE ARTS COMMISSION'S DECISION THIS YEAR TO INTERPRET THE GUIDELINE THEY CREATED IN SUCH A WAY THAT IT CAUSES THE DANCE WORKS APPLICATION TO BE DENIED. MY UNDERSTANDING ALL ALONG HAS BEEN THAT THE INTENT OF THE GUIDELINE THAT READS: CULTURAL CONTRACTS DOES NOT FUND VOCATIONAL ACADEMIC SPONSORED PROJECTS, INCLUDING ... WAS MEANT TO STOP COLLEGE STUDENTS FROM APPLYING FOR CULTURAL CONTRACTS AND THEIR CLASS PROJECTS. BUT ANOTHER GUIDELINE WAS ADDED TO THIS YEAR'S GUIDELINES THAT STATES: CULTURAL CONTRACTS DOES NOT FUND WORK TOWARD ACADEMIC DEGREES. THIS GUIDELINE CLEARLY ADDRESSES THAT PROBLEM. BASED ON LONGEVITY IN THIS COMMUNITY, WHY HAVE BEEN WE BEEN TAKEN OUT AFTER PROCESS THAT WE HAVE BEEN A PART OF FOR SO MANY YEARS, ESPECIALLY WHEN THE SERVICE AND PROGRAMMING WE PROVIDE HAS NOT CHANGED. ADDITIONALLY, WE WERE NOT INFORMED BY THE STAFF PRIOR TO TURNING IN OUR APPLICATION THAT THIS GUIDELINE WOULD SO DRASTICALLY A AFFECT THE COMPANY. BECAUSE OF THE CULTURAL CONTRACT STAFF AND THE ARTS COMMISSION UNWILLINGNESS TO WORK WITH THE COMPANY TO RESOLVE THIS SITUATION, AN ADVERSARIAL RELATIONSHIP HAS DEVELOPED BETWEEN OUR ORGANIZATION AND THE TWO BODIES THAT ARE SUPPOSED TO BE ADVOCATES FOR AUSTIN'S ARTS COMMUNITY. BUT I KNOW THAT DANCE WORKS IS NOT UNIQUE IN THIS SITUATION. MAYBE OF THE ARTISTS AND ARTS GROUPS THAT SPOKE OUT DURING THIS YEAR'S FUNDING PROCESS NOW FEAR HAVING TO DEAL WITH THE STAFF, HAVE NO CONFIDENCE IN THE ARTS COMMISSION AND WORRY THEIR FUNDING MIGHT GET CUT FOR VOICING THEIR CONCERNS. THERE IS A SCENTMENT IN THE COMMUNITY THAT IF AN ORGANIZATION LIKE DANCE WORKS CAN BE TAKEN OUT OF THE PROCESS, IT COULD POSSIBLY HAPPEN TO ANYONE NEXT YEAR. THIS YEAR IT BECAME VERY APPARENT THAT THE PROCESS IS FLAWED. IT IS A PROCESS THAT IS DEMEANING TO THE ARTISTS THAT PARTICIPATE BECAUSE THE GUIDELINES CHANGE FROM YEAR TO YEAR, ARTISTS AND ARTS GROUPS ARE FORCED TO JUMP THROUGH HOOPS TO MEET THOSE GUIDELINES. PLEASE UNDERSTAND THAT FOR LONG STANDING GROUPS LIKE DANCE WORKS IT IS NOT A SENSE OF ENTITLEMENT TO CULTURAL CONTRACTS MONEY, BUT RATHER WE COUNTS ON THE MONEY FROM THE CITY OF AUSTIN AS A STABLE PART OF OUR BUDGETS BECAUSE WE HAVE EARNED IT BASED ON THE MERIT OF OUR WORK IN THIS COMMUNITY. AS THE PROCESS STANDS NOW, MERIT AND THE WORK THAT WE CREATE IS SELDOM DISCUSSED. AGAIN, I REQUEST THAT THE CITY COUNCILL REVIEW OUR APPLICATION AND PLEASE REINSTATE OUR FUNDING BECAUSE WE ARE A VIABLE AND IMPORTANT PART OF THE AUSTIN ARTS COMMUNITY. AND ON BEHALF OF DANCE WORKS, I COMMIT THE COMPANY TO WORKING WITH THE OTHER ARTISTS AND ARTS GROUPS IN THE COMMUNITY ALONG WITH THE ARTS COMMISSION AND HOPEFULLY AN OUTSIDE CONSULTANT TO REVAMP THE CULTURAL FUNDING PROCESS BEFORE NEXT YEAR'S CYCLE, THANK YOU.

>>OODMAN: THANK YOU, YOU HAVE 2 MINUTES, 4 SECONDS LEFT.

>> OKAY. WE TRIED SPLIT THIS UP. I WOULD LIKE TO ADDRESS THE GUIDELINES AND WHAT HAPPENED THIS YEAR. I THINK THERE WAS A VERY WELL INTENTIONED IDEA TO HAVE FOCUS GROUPS. THE FOCUS GROUPS MET. BUT WHEN ALL OF THOSE IDEAS CAME INTO PLAY, THERE WAS NOT A DOCUMENT GIVEN OUT TO US SO THAT WE COULD LOOK OVER AND SAY, YES, AS ARTISTS AND ARTS ADMINISTRATORS AND ORGANIZERS, THIS DOCUMENT IS WORKING FOR US FOR THE CHANGES IN THE CULTURAL GUIDELINES. THAT DID NOT HAPPEN. AND THE RESULT OF WHICH THE -- THE -- NOT ONLY WHAT HAPPENED TO SHARIR DANCE WORKS, BUT ALSO A NOVEMBER OF US OTHER INDIVIDUAL ARTISTS WERE AFFECTED. THAT WAS THAT THE LOWER -- THE FUNDING WAS LOWERED FOR INDIVIDUALS TO REQUEST A CERTAIN AMOUNT. IT WENT FROM 50,000 TO 40,000. IN TERMS OF THE MIXED ARTS PANEL, THERE'S A WHOLE SYSTEM IN PLACE, THE STAFF, THE ARTS COMMISSION, THE CITY COUNCIL, THE PANELISTS. AND WHEN ONE OF THOSE PARTS BECOME WEAKENED, THE WHOLE SYSTEM AS WE HAVE SEEN HAS DISMANTLED AND UNRAVELLED THIS YEAR WITH MANY PEOPLE BEING VERY UNHAPPY. AND ALTHOUGH THE MIXED ARTS PANEL WAS -- WE WERE GIVEN OUR AMOUNTS OF LAST YEAR OR CLOSE TO THAT, THE ACTUAL RANKINGS WERE NOT OVERTURNED. NOW, THOSE RANKINGS ARE BASED ON CRITERIA. THE CRITERIA IS PART OF THE CULTURAL CONTRACTS DOCUMENT. SO IF THOSE -- IF THE RANKINGS ARE JUST BRACED ARBITRARILY BECAUSE THE PANELISTS DO NOT GO TO THE PERFORMANCES OR ATTEND MEETINGS, THE ARTISTS HAVE FAIL -- ARE FAILED MISERABLY BY THAT. I REALLY, REALLY BELIEVE WE HAVE TO ADDRESS IT. I WOULD LIKE TO ADD AS CINDY HAS THAT I DON'T WANT TO GO FORWARD NEXT YEAR INTO THIS MESS. I THINK WE HAVE TO ADDRESS IT NOW. [BUZZER SOUNDING] IT'S -- IT'S VERY, VERY IMPORTANT. I KNOW IN TERMS OF YOUR WORKLOAD IT CAN BE SORT OF PUT TO ONE SIDE, BUT THIS IS A COMMUNITY THAT HAS A VITAL ARTS -- ARTS SYSTEM AND GROUPS, PLEASE, PLEASE HEAR WHAT WE HAVE TO SAY. OF COURSE THERE'S MORE I NEED TO SAY. I WOULD LIKE TO ADD I WOULD ALSO LIKE TO BE WILLING TO BE A PART OF THE THINKING PROCESS OF THIS. THANK YOU.

>>GOODMAN: THANK YOU VERY MUCH. FOR YOUR -- FOR YOUR PEACE OF MIND, VIRTUALLY EVERY COUNCILMEMBER IS HARD AT WORK ON IT. THERE ARE SEVERAL IRREGULARITIES BESIDES THE ONES THAT YOU MENTIONED THAT ARE TROUBLING. SOME NEED THE IMMEDIATE FIX, OTHERS ARE LONG-TERM AND THE ARTS COMMUNITY WILL BE INVOLVED IN RESOLVING AND REVIEWING ISSUES. THANK YOU VERY MUCH FOR COMING TODAY. OKAY. LET'S GO BACK AND I WILL CALL THE -- THE FOLKS WHO WEREN'T HERE THE FIRST TIME. AKWASI EVANS.

>> GOOD AFTERNOON, MAYOR PRO TEM. COUNCILMEMBERS. THANK YOU VERY MUCH FOR THIS PRECIOUS 3 MINUTES. MY NAME IS AKWASI EVANS. I AM THE PUBLISHER OF NOKOA NEWSPAPER, I AM A LONG-TIME RESIDENT OF AUSTIN, TEXAS. I'M ALSO AN AMERICAN CITIZEN. WHO HAS LIVED FOR OVER HALF A CENTURY FOR UNJUST AND IMMORAL RACIAL DISCRIMINATION AND DISFRANCHISEMENTS AT THE HANDS OF A GOVERNMENT AND A PEOPLE WHO PROFESS LOVE OF RELIGION, LOVE OF DEMOCRACY. RACIAL DISCRIMINATION IS NOT UNIQUE TO ME, IT IS SOMETHING THAT EVERY -- EVERY AFRICAN AMERICAN HAS SUFFERED. FROM COLIN POWELL TO THE PANHANDLERS ON CONGRESS AVENUE. EVERY AFRICAN AMERICAN AT SOME POINT IN HIS OR HER LIFE HAS BEEN DENIED OPPORTUNITIES AND PRIVILEGES TAKEN FOR GRANTED BY -- BY AMERICAN CITIZENS THROUGHOUT THIS COUNTRY. AFRICAN AMERICAN CHILDREN, BY THE TENS OF THOUSANDS, ARE HAVING FRAGILE CITIZEN RIGHTS REVOKED BY AN INAPPROPRIATELY NAMED CRIMINAL JUSTICE SYSTEM CRIMINALS OF NON-VIOLENT CHILDREN AND ADULTS WHOSE RESPONSE TO OPPRESSION LEADS TO EVEN MORE PUNITIVE REPRESSION. EVERY ONE OF YOU KNOWS OF AMERICA'S UGLY HISTORY OF KIDNAPPING AND ENSLAVING AFRICAN PEOPLE FOR THE SAKE OF CREATING WEALTH AND LEISURE FOR THE EUROPEANS WHO COLONIZED THIS NATION. EVERY ONE OF YOU KNOWS THAT AMERICA OWES AN UNPAID DEBT TO ITS CITIZENS OF AFRICAN DESCENT. YOU ALL KNOW THERE CAN BE NO STATUTE OF LIMITATIONS ON REPARATIONS FOR CENTURIESS OF UNPAID LABOR AND RELENTLESS RACIAL DISCRIMINATION. REPARATIONS ARE A WAY A NATION MAKES RESTITUTION FOR WRONGS AGAINST A CULTURE THAT COULD NOT BE JUSTIFIED. THERE'S NO QUESTION ABOUT THE WRONGS THAT AMERICANS COMMITTED AGAINST THE AFRICAN CULTURE. WE HAVE BEEN CHEATED AND DENIED OPPORTUNITIES AND PRIVILEGES FOR NO REASON OTHER THAN THE COLOR OF OUR SKIN. THIS NATION OWES REPARATIONS TO ITS CITIZENS OF AFRICAN DESCENT. THIS STATE OWES REPARATIONS TO BLACK TEXANS AND THIS CITY OWES REPARATIONS TO ME AND TO MY PEOPLE. THIS YEAR, 2001, IS AN APPROPRIATE TIME TO ADDRESS THIS ISSUE. AS I TOLD YOU ON JULY THE 19TH, REPRESENTATIVE DON CONYERS OF MICHIGAN INTRODUCED A BILL IN THE UNITED STATES CONGRESS TO DISCUSS REPARATIONS IN OUR NATION. AUGUST 2001 IS AN APPROPRIATE TIME FOR YOU TO DISCUSS REPARATIONS IN OUR CITY. THIS ISSUE WILL NOT GO AWAY. IT IS AN AGENDA ITEM FOR THE PEOPLE WHO WILL BE MEETING IN SOUTH AFRICA ON THE 30TH OF THIS MONTH TO DISCUSS RACISM THROUGHOUT THE WORLD. IT NEEDS TO BE AN AGENDA ITEM FOR THE AUSTIN CITY COUNCIL. WE ARE OWED REPARATIONS, WE ARE DUE REPARATIONS, AND YOU CAN PAY US NOW, YOU CAN PAY US LATER, BUT THE ROAD TO RECONCILIATION LEADS STRAIGHT THROUGH REPARATIONS. THANK YOU FOR YOUR TIME.

>>GOODMAN: THANK YOU VERY MUCH. JONI R. HUGHES? MS. HUGHES, ARE YOU HERE? GAVINO FERNANDEZ? NOT HERE. AND CINDY AND SALLY BOTH SPOKE. OKAY. I NEED TO ASK OUR CITY ATTORNEY, ARE WE THEN TO -- TO READ AGAIN WHAT WE ARE SUPPOSED TO DO BEFORE WE GO BACK INTO EXECUTIVE SESSION AND RECESS TO GO THERE?

>> [INAUDIBLE].

>>GOODMAN: OKAY. THE MAYOR EARLIER READ THE STATUTES AND I CAN'T REMEMBER THEM, THEY ARE IN THE AGENDA, YOU CAN LOOK . THEY UP. ON ALL OF THE ITEMS HE READ AT THAT POINT HAVE NOT YET BEEN FINISHED DISCUSSION IN EXECUTIVE SESSION AND SO IF THERE'S A MOTION -- TO RECESS AND GO BACK INTO -- [INAUDIBLE]

>>GOODMAN: ALL THOSE IN FAVOR PLEASE SAY AYE. WE WILL BE -- WE WILL BE BACK. WE HAVE ITEMS ON TIME CERTAINS, TIMES CERTAIN. AND WE WILL BE BACK POSSIBLY BEFORE THEN. IS MOISTURE MAYOR THIS SHOULD GO FAIRLY QUICKLY. SO WHAT WE WILL DO IS BE IN RECESS UNTIL 3:50, AT WHICH TIME I'LL CALL TO ORDER THE BOARD OF DIRECTORS OF AFC AND THEN WE'LL GO TO THE 4:00 O'CLOCK TIME CERTAIN. .

>>

>>MAYOR WATSON: I WILL CALL TO ORDER THE AUSTIN AUSTIN, THIS IS A THE AUSTIN HOUSING FINANCE CORPORATION, THURSDAY, AUGUST SECOND, 2001, MEETING IN THE BOARD ROOM OF THE LOWER COLORADO RIVER AUTHORITY, LOWER HANCOCK BUILDING, LOCATED AT 3700 LAKE AUSTIN BOULEVARD, AUSTIN, TEXAS. WE HAVE A COUPLE OF ITEMS. ITEM NO. 1 IS AN APPROVAL OF THE MINUTES FOR THE AUSTIN HOUSING FINANCE CORPORATION SPECIAL CALLED MEETING OF JUNE 14TH, 2001. I WILL ENTERTAIN A MOTION.

>> MOVE APPROVAL AS WRITTEN.

>>MAYOR WATSON: BY BOARD MEMBER WYNN. THERE IS A SECOND? SECONDED BY BOARD MEMBER GRIFFITH. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES WITH BOARD MEMBER THOMAS ABSENT. ITEM NO. 3, I KNOW THAT I AM SKIPPING ITEM NO. 2, BUT WE ARE GOING TO TAKE UP ITEM NO. 3 FIRST, MR. HILGERS.

>> ITEM NO. 3, I'M PAUL HILGERS WITH AUSTIN HOUSING FINANCE CORPORATION, ITEM 3 IS TO CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING PUBLIC INPUT ON THE ISSUANCE OF UP TO $15 MILLION OF PRIVATE ACTIVITY MULTI FAMILY NON-RECOURSE BONDS TO FINANCE THE CONSTRUCTION OF THE BLUND CREEK APARTMENT ASSOCIATION APARTMENTS AT 607 WOODWARD STREET, AUSTIN, TEXAS, 78704 TO BE OWNED AND OPERATED BY THE BLINN CREEK LIMITED A NEWLY FORMED TEXAS PARTNERSHIP. THIS IS PART OF THE REQUIREMENTS OF THE BOND FINANCING PROCESS.

>> I WILL CALL THE PUBLIC HEARING. ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING? ANYONE WISHING TO BE HEARD? IS THERE ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING? I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION MADE BY BOARD MEMBER GRIFFITH, SECONDED BY BOARD MEMBER WYNN. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES, THE PUBLIC HEARING IS CLOSED. ITEM NO. 2, MR. HILGERS YOUR RECOMMENDATION.

>> YES, MR. PRESIDENT, THE STAFF IS BRINGING FORWARD WITH THE RECOMMENDATION TO APPROVE THE ISSUANCE OF AUSTIN HOUSING FINANCE CORPORATION PRIVATE ACTIVITY VOLUME CAP MULTI FAMILY HOUSING REVENUE BOND SERIES 2001C, THE BLUN CREEK PROJECT, NOT TO EXCEED AN AGGREGATE PRINCIPAL OF $15 MILLION. THE FORM AND SUBSTANCE OF A TRUST INDENTURE LOAN AGREEMENT, A REGULATORY AGREEMENT WITH RESPECT TO THE PROJECT AND OTHER MATTERS IN CONNECTION WITH THE TRANSACTION TO FINANCE THE TRANSACTION OF THE APARTMENTS TO BE COLLECT LOCATED AT 607 WOODWARD STREET, AUSTIN, TEXAS. BRIEFLY, MR. PRESIDENT, THIS PROJECT IS-- IS OWNED BY THE -- IS BEING OPERATED AND MANAGED BY THE HUNT BUILDING CORPORATION, WHICH IS VERY EXPERIENCED, A NATIONAL AFFORDABLE HOUSING MULTI FAMILY DEVELOPER, WHICH PROJECTS WHICH COMPROMISE OVER 44,000 UNITS ACROSS THE COUNTRY, OVER 245 DEVELOPMENTS WITH ASSETS IN EXCESS OF $2 BILLION. ALL OF THE FAMILIES IN THIS DEVELOPMENT WILL BE WITH INCOMES AT OR BELOW 60% OF THE MEDIAN FAMILY INCOME. RENTS OF THE UNITS WILL RANGE FROM 557 DOLLARS TO $765. AND THE PORCH WILL BE IN COLORADO APPLIANCE WITH SMART HOUSING STANDARDS, THE PROJECT WILL BE IN COMPLIANCE. MOVED BY BOARD MEMBER WIN, SECONDED BY THE VICE-PRESIDENT. IS THERE A DISCUSSION? ALL THOSE IN FAVOR SAY AYE. OPPOSED NO. MOTION CARRIES ON ITEM NO. 2. ITEM NO. 3. MR. HILGERS.

>> ITEM NO. 4, IS TO APPROVE A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF A RENTAL HOUSING DEVELOPMENT ASSISTANCE PROGRAM DEFERRED PAYMENT FORGIVABLE LOAN IN AN AMOUNT NOT TO EXCEED $260,960 TO VOLUNTEERS OF AMERICA, TEXAS FOR LAND ACQUISITION AND DEVELOPMENT OF AN 11 UNIT AFFORDABLE INDEPENDENT LIVING FACILITY AT 5905 MANOR ROAD. WE ARE BRINGING FORWARD THIS RECOMMENDATION AFTER IT IS COMPLETED. OUR RENTAL HOUSING DEVELOPMENT ASSISTANCE APPLICATION PROCESS. BRIEFLY, MR. PRESIDENT, THIS IS VOLUNTEERS OF AMERICA IS A 501C3 NON-PROFIT SUBSIDIARY OF VOLUNTEERS OF AMERICA THAT SUCCESSFULLY DEVELOPED AND OPERATED AFFORDABLE HOUSING AND PROVIDED AS MUCH ASS TO LOW INCOME ELDERLY FAMILIES AND INDIVIDUALS WITH SPECIAL NEEDS IN TEXAS FOR OVER 20 YEARS. THE FACILITY WILL SERVE SINGLE INDIVIDUALS AT OR BELOW 50% OF MEDIAN FAMILY INCOME OR ABOUT 22,650 FOR A ONE PERSON HOUSEHOLD, WITH CASE MANAGEMENT THAT WILL ENABLE RESIDENTS TO LIVE INDEPENDENTLY WITHIN THE COMMUNITY. THE UNITS WILL INCLUDE ONE BEDROOM, ONE BATH APARTMENTS, 540 SQUARE FEET WITH APPROXIMATE RENT OF $260 PER MONTH. ALL UNITS HAVE FULLY EQUIPPED KITCHENS THAT ARE ACCESSIBLE TO PERSONS WITH MOBILITY, HEARING AND VISION DISABILITIES. MANOR HOUSE COMPLIES WITH -- AS IT'S CALLED MANOR HOUSE, WILL COMPLY WITH SMART HOUSING. AT THIS IT'S AT THE PREPLANNED SUBMITTAL STAGE AND IT DOES COMPLY WITH SMART HOUSING.

>>MAYOR WATSON: ANYONE WISHING TO BE HEARD ON THIS ITEM? ANYONE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD? I WILL ENTERTAIN A MOTION ON ITEM NO. 4.

>>GRIFFITH: MOVE APPROVAL.

>>MAYOR WATSON: MOTION TO APPROVE BY BOARD MEMBER GRIFFITH, IS THIS A SECOND? SECONDED BY BOARD MEMBER WYNN. ANY DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. COUNCIL, FOR THE RECORD, MR. CLARK HAMMOND WAS HERE AND WAS AVAILABLE TO SPEAK IF HE WAS NEEDED BUT HE WAS HERE IN FAVOR OF AHFC ITEMS 2 AND 3. ANY FURTHER BUSINESS, MR. HILGERS.

>> NO, SIR.

>>MAYOR WATSON: I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING OF THE BOARD OF DIRECTORS OF THE HOUSE HOUSE. MOTION MADE BY THE VICE-PRESIDENT, IS THERE A SECOND? SECONDED BY BOARD MEMBER WYNN. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES. THE BOARD IS ADJOURNED. I WILL CALL BACK TO ORDER THE AUSTIN CITY COUNCILL. THE FIRST ITEM, COUNCIL, IS WE -- WE NEED TO FIX THE DATES THAT WE SET ON ITEM NO. 5. AS IT'S POSTED WE NEED TO ADD A COUPLE OF DATES. I WILL ENTERTAIN A MOTION TO RECONSIDER ITEM NO. 5. MOTION MADE BY THE MAYOR PRO TEM, SECOND? SECONDED BY COUNCILMEMBER GRIFFITH, DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO.. THE MOTION CARRIES. ITEM NO. 5 COUNCIL THE MOTION THAT I WILL ACCEPT IS A MOTION TO RECONSIDER -- IS A MOTION FOR THE SCHEDULING OF A VOTE ON PROPOSED TAX RATE OF 45.97 CENTS FOR FISCAL YEAR 2001-2002 FOR MONDAY, SEPTEMBER 10TH, 2001, TUESDAY, SEPTEMBER 11TH, 2001, AND WEDNESDAY, SEPTEMBER 12TH, 2001. AND SET A PUBLIC HEARING ON THE PROPOSED TAX RATE FOR THURSDAY, AUGUST 30TH, 2001, AT 6:00 P.M.:IS THERE A MOTION?

>>GOODMAN: MAYOR, I WOULD MAKE THAT MOTION. DID YOU SAY A TIME OF DAY ON THOSE DATES?

>>MAYOR WATSON: I DID NOT. IT WOULD BE -- SCHEDULED AT -- IT WOULD BE -- THAT IS A REGULARLY SCHEDULED ITEM. WHAT WE WOULD DO IS I GUESS AT 10:00.

>>GOODMAN: OKAY.

>>MAYOR WATSON: PUBLIC HEARING WOULD BE PART OF THE REGULAR AGENDA ON THE BUDGET. SEPTEMBER 10TH, 11TH, 12TH, PUBLIC HEARING ON THURSDAY, AUGUST 30TH. DID I GET A MOTION AND A SECOND? I WILL ENTERTAIN A MOTION? MOTION MADE BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTIONS CARRIES ON A VOTE OF 7 TO 0. -- MOTION CARRIES ON ITEM NO. 5. THAT WILL TAKE US THEN TO ITEM NO. 68. MR. GUERNSEY.

>> MAYOR AND COUNCIL, MY NAME IS GREG GUERNSEY WITH NEIGHBORHOOD PLANNING AND ZONING, I WILL BE TAKING YOU THROUGH THE 4:00 ZONING HEARINGS AND APPROVAL OF ORDINANCES AND RESTRICTIVE COVENANTS. AS FAR AS I KNOW AT THIS TIME, ALL OUR ITEMS ARE EITHER CONSENT OR POSTPONEMENT ITEMS THAT I WILL BE OFFERING.

>>MAYOR WATSON: SOUNDS LIKE A GOOD DAY.

>> OUR FIRST ITEM IS ITEM NO. 68, CASE C14-86 [SIC]-028. A RESTRICTIVE COVENANT AMENDMENT FOR PROPERTY LOCATED AT JAMES CASEY AND ST. ELMO ROAD. THE PLANNING COMMISSION RECOMMENDATION IS TO TERMINATE THE REQUEST. THIS IS RECOMMENDED FOR CONSENT APPROVAL. ITEMS NUMBER 69 THROUGH 72, THESE ARE CASES C14-00-0023A. AT THE 10,400 BLOCK OF BRODIE LANE FROM INTERIM RR2, SF2. THIS COVERS ITEMS NUMBER 69 THROUGH 72. ITEM NO. 37, C14-01-0024 IN THE 3300 BLOCK OF SQUIRREL HOLLOW DRIVE FROM INTERIM RR TO S.F. 2. ITEMS 74 THROUGH 77, C14-01-0025 IN THE 10,500 BLOCK THROUGH THE 10,600 BLOCK OF BRODIE LANE AGAIN FROM INTERIM RR TO S.F. 2, THE PLANNING COMMISSION RECOMMENDED IN ALL OF THESE CASES S.F.2 ZONING. THE APPLICANT HAS REQUESTED A POSTPONEMENT OF ONE WEEK TO AUGUST 9TH. AGAIN THAT'S ITEMS NUMBER 69 THROUGH 77. ITEM NO. 78 IS ZONING CASE C14-01-34, THIS IS AT WALSH TARLTON LANE AT CAPITAL OF TEXAS HIGHWAY. THE PROPERTY IS FROM S.F. 2 TO GR-CO, THE PLANNING COMMISSION RECOMMENDED GR-CO. THE APPLICANT IS REQUESTING A ONE WEEK POSTPONEMENT OF THIS CASE TO AUGUST 9TH. ITEM NO. 79, THIS IS ZONING CASE C14-01-0060, PART. THIS IS PART OF THE MONTOPOLIS NEIGHBORHOOD PLAN REZONING. FOR VARIOUS PROPERTIES LOCATED ALONG EAST RIVERSIDE DRIVE, VARGAS ROAD, PORTER STREET, EAST BEN WHITE BOULEVARD, UPHILL LANE, FRONTIER VALLEY DRIVE, BASTROP HIGHWAY, VARGAS ROAD TO ADD THE MP AND MODIFY BASE DISTRICTS AND ADMISSIONED USE SPECIAL BUILDING USE TO TRACTS, TO CHANGE VARIOUS ZONING DISTRICTS, RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL TO ALSO VARIOUS OTHER DISTRICTS, RESIDENTIAL, COMMERCIAL, INDUSTRIAL. THE PLANNING COMMISSION DID RECOMMEND ON A PORTION OF THIS PART OF TRACTS 31, 34, 35, 37 THROUGH 45, 48, 49, AND AT 12903 FRONTIER VALLEY DRIVE DID MAKE A RECOMMENDATION REGARDING THOSE TRACTS AND POSTPONED THE REST OF THEIR ITEMS THAT WERE SCHEDULED FOR -- FOR JULY 31ST TO THEIR AUGUST 7TH MEETING. STAFF IS REQUESTING AT THIS TIME -- THIS ITEM BE POSTPONED TO AUGUST 23RD, WHEN WE WILL BRING BACK THE NEIGHBORHOOD PLAN AND THE REMAINING ZONING CASES ASSOCIATED WITH THE MONTOPOLIS PLAN.

>>GOODMAN: MAYOR?

>>MAYOR WATSON: MAYOR PRO TEM?

>>GOODMAN: I'M NOT SURE THAT I FOLLOWED THAT, GREG. ARE YOU SAYING THAT WE SHOULD DO ANYTHING WITH THE TRACTS --

>> NOT AT THIS TIME. STAFF IS RECOMMENDING THIS ITEM BE POSTPONED UNTIL AUGUST 23RD.

>>GOODMAN: JUST WAIT.

>> ITEM NO. 80, ZONING CASE C14-01-0062, AT 7809 BRODIE LANE. THIS IS A REZONING REQUEST FROM S.F. 3 TO LO. THE PLANNING COMMISSION RECOMMENDED NO-MU, NEIGHBORHOOD OFFICE MIXED USE ZONING, THIS IS READY FOR CONSENT ON ALL THREE READINGS. 81 IS ZONING CASE C14-01-0063, THIS IS A REZONING REQUEST AT 12719 DAKOTA LANE FROM S.F. 1 TO NO. NEIGHBORHOOD OFFICE ZONING. THE PLANNING COMMISSION RECOMMENDATION IS NO-MU,-CO, NEIGHBORHOOD OFFICE, MIXED USE, CONDITIONAL OVERLAY COMBINING DISTRICT ZONING. THIS IS RECOMMENDED TO YOU FOR CONSENTS APPROVAL ON FIRST READING. ITEM NO. 82, IS CASE C14-01-0080 AND 7800 BLOCK OF SAN PHILIPE PAY, A REQUEST FROM CSCO TO MF2 C.O. THE PLANNING COMMISSION RECOMMENDATION WAS TO GRANT MF2, MULTI FAMILY LOW DENSITY DISTRICT ZONING. THE APPLICANT HAS REQUESTED A POSTPONEMENT OF THIS CASE TO EPT 27TH. ITEM NO. 83, ZONING CASE C1401-0085 FOR PROPERTY LOCATED AT NORTH LAMAR BOULEVARD AT PARMER LANE. THIS IS A REZONING REQUEST FROM GO TO GR. THE PLANNING COMMISSION RECOMMENDED GR-CO ZONING. COMMUNITY COMMERCIAL ZONING WITH THE CONDITIONAL OVERLAY. THIS IS READY FOR ALL THREE READINGS. THAT CONCLUDES THE ZONING ITEMS.

>>MAYOR WATSON: COUNCIL THE CONSENT AGENDA WILL BE ITEM NO. 68 TO APPROVE THE RESTRICTIVE COVENANT, ITEM NO. 69 A POSTPONEMENT TO AUGUST 9TH, ITEM NO. 70, 7 1, 7 2, 73, 7 4, 75, 76, 77 TO AUGUST 9TH, E78 FOR AUGUST 9TH, 79 POSTPONEMENT TO AUGUST 23RD, ITEM NO. 80 CONSENT ON ALL THREE READINGS, ITEM NO. 81, FIRST READING ONLY, ITEM NO. 82, A POSTPONE TOTAL SEPTEMBER 27TH, 83 A CONSENT ON ALL THREE READINGS. IS THERE A MOTION?

>>GOODMAN: MAYOR --

>>WINN: MOVE APPROVAL.

>>MAYOR WATSON: MOTION TO APPROVE BY COUNCILMEMBER WYNN. IS THERE A SECOND?

>>GOODMAN: SECOND.

>>MAYOR WATSON: SECONDED BY THE MAYOR PRO TEM.

>>GOODMAN: I JUST NEED TO MAKE SURE OUTLOUD ON 68 PART OF THE RESTRICTION THAT STILL APPLIES IS THERE'S NO ACCESS ON TO ST. ELMO.

>> ALSO ON THE HEIGHT OF THE BUILDING.

>>MAYOR WATSON: WE HAD TWO PEOPLE SIGN CARDS BOTH IN FAVOR. BETTIE EDGEMON AND I'M -- I'M GOING TO APOLOGIZE, GUADALUPE -- SOSA. I'M SORRY, I JUST WANT ABLE TO READ IT. YOU SIGNED UP IN FAVOR, ALSO. ON ITEM NO. 69, COUNCIL, WE HAVE ONE PERSON THAT IS SIGNED UP ON THAT ITEM, THAT IS BILL BUNCH WHO SIGNED UP AGAINST ITEMS 69 THROUGH 77. BUT SINCE THEY ARE BEING POSTPONED UNTIL AUGUST 9TH AS PART OF THE CONSENT AGENDA, I JUST WANTED TO MAKE THAT PART OF THE RECORD. ANY FURTHER DISCUSSION?

>>SLUSHER: MAYOR, WOULD YOU SHOW ME ABSTAINING ON NUMBER 68, THAT'S FAIRLY CLOSE TO MY HOME AND THE CITY ATTORNEY SAID I DON'T BY LAW HAVE TO, BUT I WOULD FEEL MORE COMFORTABLE IF I DID.

>>MAYOR WATSON: COUNCILMEMBER SLUSHER ABSTAINING ON ITEM 68 ONLY. ANY FURTHER DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. POSSESS POLES MOTIONION CARRIES. COUNCIL I WILL ENTERTAIN A MOTION TO RECESS THE AUSTIN CITY COUNCILL UNTIL 6:00 P.M.

>>GRIFFITH: SO MOVE.

>>MAYOR WATSON: MOTION MADE BY COUNCILMEMBER GRIFFITH, IS THERE A SECOND? SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES WE ARE IN RECESS AND AT 5:30, WE WILL RETURN FOR LIVE MUSIC AND PROCLAMATIONS AND THE COUNCIL IS IN RECESS UNTIL 6:00 P.M.

>> IT'S TIME FOR OUR LIVE MUSIC AND PROCLAMATIONS AND HAS BECOME MY CUSTOM AT THIS TIME OF DAY, I HAVE SOMEBODY THAT HELPS ME. AND FOR THOSE OF YOU ALL THAT HAVEN'T KNOWN WHAT WE'RE DOING, WE HAVE A MAYOR FOR THE DAY PRETTY MUCH EVERY THURSDAY. THE WAY WE'VE BEEN DOING THAT, AND THIS IS ACTUALLY AARON IS GOING TO BE THE MAYOR FOR THE DAY TODAY AND THE WAY WE'VE DONE IT IS UP UNTIL THIS POINTED WE HAD A COMPETITION, GOLLY, IT'S BEEN A LONG TIME AGO NOW.

>> IN OCTOBER.

>>MAYOR WATSON: IN OCTOBER WE HAD A COMPETITION AMONG KIDS IN THE AREA, AND THEY WROTE AN ESSAY ON WHY THEY WOULD LIKE TO BE MAYOR FOR THE DAY. AND THEY ARE OTHERWISE OUTSTANDING -- NOT ONLY DO THEY WRITE GOOD ESSAYS, THEY ARE OUTSTANDING STUDENTS SO WE HONOR THEM BY MAKING THEM MAYOR FOR THE DAY. I JUST TODAY EDITED AND SIGNED THE LETTERS THAT ARE GOING OUT TO THE ELEMENTARY SCHOOLS AGAIN FOR THE NEW COMPETITION SO THAT WE WILL BE ABLE TO CONTINUE THIS PROGRAM BECAUSE WE THINK IT'S BEEN A GOOD PROGRAM AND WE'VE BEEN ABLE TO HONOR A LOT OF GREAT STUDENTS. SO WITH THAT BEING SAID, LET ME READ THIS PROCLAMATION. BE IT KNOWN BY THESE PRESENTS THAT I, KIRK WATSON, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HEREBY PROCLAIM AARON FLATTERY AS MAYOR FOR A DAY AND ALL ON ALL CITIZENS TO JOIN ME IN RECOGNIZING THAT 10-YEAR-OLD AARON IS A FIFTH GRADER WHOSE FAVORITE SUBJECTS ARE WRITING AND ART. IN RECOGNIZING THAT SHE IS NEW TO AUSTIN AND LOOKS AT BEING MAYOR FOR THE DAY AS A GOOD OPPORTUNITY TO GET TO KNOW THE PEOPLE AND PLACES IN OUR CITY AND LEARN WHY EVERYONE LOVES AUSTIN SO MUCH. AND IN RECOGNIZING THAT ERIN HAS THREE BROTHERS, ONE SISTER, FOUR RATS, TWO DOGS, AND ONE CAT. SO SHE SAID SHE WOULD PICK UP AFTER HERSELF AND BE A NEAT AND ORGANIZED HELPER AS MAYOR FOR A DAY. ONE OF HER GOALS IS TO HELP CLEAN UP THE PARKS AND NEIGHBORHOODS THAT NEED IT AND HELP PROTECT THE ENVIRONMENT. WE ARE PLEASED TO WELCOME ERIN TO OUR CITY AND HONOR HER AS MAYOR FOR A DAY. SHE HAS THE QUALITIES WE LIKE TO SEE IN ALL OUR NEW CONSTITUENTS AND WILL SERVE AS A GREAT EXAMPLE TO OTHER NEWCOMERS IN AUSTIN AND IT'S SIGNED BY ME. LET ME INTRODUCE YOU TO OUR MAYOR OF THE DAY, MAYOR ERIN FLATTERY. [APPLAUSE].

>>MAYOR WATSON: SO NOW SHE IS GOING TO HELP ME WITH THE PREK MAXZ AND WE'RE GOING TO START WITH OUR LIVE MUSIC. TODAY WE HAVE A BAND WITH A SOUND THAT FUSES CATCHY POP MELODIES AND COUNTRY AND BLUES AND THE NAME OF THIS BAND IS RAINRAVENS. IT'S A ROOTS GROUP THAT'S BEEN TOGETHER SINCE 1995 AND HAS A TOTAL OF FOUR CD'S COMPLETED TO DATE. THEIR MOST RECENT RELEASE IS ENTITLED ONE LAST SATURDAY NIGHT. THE BAND DOES A LOT OF TOURING AND FREQUENTLY TOURS AROUND EUROPE. IT HAS A MIX OF INTELLIGENT LITERATE LEAR REDUCTION AND LUSH HARMONY. IT'S A GREAT PLEASURE WE ARE GOING TO READ THIS AND I'M GOING TO LET MAYOR FLATTERY HELP ME OUT.

>> BE IT KNOWN BY THESE PRESENTS THAT I,ER ERIN FLATTERY, MAYOR OF THE CITY OF AUSTIN FOR A DAY DO HEREBY PROCLAIM AUGUST 2, 2001, AS RAINRAVENS DAY IN AUSTIN.

>>MAYOR WATSON: AND CALL ON ALL CITIZENS TO JOIN US IN RECOGNIZING THE MANY OUTSTANDING CONTRIBUTIONS BY THE LOCAL MUSIC COMMUNITY TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY AND IN RECOGNIZING THE DEDICATED EFFORTS OF ARTISTS WHICH FURTHER AUSTIN'S STATUS AS THE LIVE MUSIC CAPITAL OF THE WORLD. IT'S SIGNED BY ME ON BEHALF OF BOWL THE MAYOR AND MYSELF, LADIES, I AM PLEASED TO INTRODUCE RAINRAVENS. [APPLAUSE]. [MUSIC PLAYING]. (music) (music) (music) (music) (music) SINGING (music) (music) [APPLAUSE].

>>MAYOR WATSON: RAINRAVENS. MAKE SURE WE KNOW WHERE WE CAN HEAR YOU PLAY NEXT TIME IN AUSTIN.

>> IN ABOUT 30 MINUTES AT THE PIER.

>>MAYOR WATSON: I'M GOING TO -- I MAY NOT BE THERE TONIGHT, BUT I'M GOING TO MAKE SURE EVERYBODY THAT WANTS TO GO WILL BE THERE.

>> WE'LL BE AT JOVITA'S AND JACKSON PUB.

>>MAYOR WATSON: GREAT. RAINRAVENS. [APPLAUSE].

>>MAYOR WATSON: AS WE ALL KNOW FRX WE TAKE A MOMENT TO THINK ABOUT IT, WE'VE GOT A LOT OF PEOPLE EVERY DAY THAT ARE OUT THERE WORKING TO MAKE SURE THAT AUSTIN IS SAFE AS A PLACE THAT WE CAN ALL LIVE IN SAFETY. AND WHEN THEY ARE OUT THERE DOING THAT JOB, MANY TIMES THEY ARE PUTTING THEMSELVES IN HARM'S WAY SO THAT WE ARE SAFE AND PROTECTED. ON APRIL 7TH OF THIS YEAR, OFFICER ROBERT SIMMONS RESPOND TO DO A 911 CALL REGARDING A STABBING IN PROGRESS. AS HE ARRIVED ON THE SCENE, THE OFFICER FOUND THREE CITIZENS ATTEMPT TO GO STOP THE SUSPECT FROM KILLING A MAN. WHEN THE SUSPECT SAW OFFICER SIMMONS, HE THREATENED AND APPROACHED THE OFFICER. AFTER -- EVEN AFTER HE WAS SHOT HE CONTINUED TO ATTACK THE OFFICER. FIREFIGHTERS RICHARD PLATZ AND BRANDON WADE ALONG WITH ONE OF THE CITIZENS ASSISTED OFFICER SIMMONS AND RESTRAINED THE SUSPECT UNTIL BACKUP OFFICERS ARRIVED. THE EFFORTS OF THESE INDIVIDUALS CLEARLY PREVENTED THE VICTIM AND OFFICER SIMMONS FROM BEING CRITICALLY WOUNDED AND KILLED. PLACING THEMSELVES IN A VERY DANGEROUS SITUATION AND RISKING THEIR OWN LIVES TO SAVE ANOTHER, WE ARE HAPPY TODAY TO COMMEND THEM WITH DISTINGUISHED SERVICE AWARDS. WE HAVE DISTINGUISHED SERVICE AWARDS FOR HAIR RISM FOR OFFICERS SIMMONS AND FIREFIGHTERSS AND WE WOULD LIKE TO CONGRATULATE BECKY MALONE WHO DIRECTED THE FIREFIGHTERS DURING THE INCIDENT AND FINALLY WE'RE GOING TO COMMEND THE CITIZENS FOR THEIR ASSISTANCE AND WILLINGNESS TO INVOLVE THEMSELVES IN SUCH A DANGEROUS SITUATION. FIRST THE DISTINGUISHED SERVICE AWARDS. I'M GOING TO ASK THE MAYOR TO HELP ME WITH THIS.

>> AUSTIN POLICE DEPARTMENT OFFICER ROBERT SIMMONS.

>>MAYOR WATSON: IN ACKNOWLEDGEMENT AND APPRECIATION OF HIS WILLINGNESS TO PUT HIMSELF IN HARM'S WAY WHEN RESPONDING TO A 911 CALL ABOUT A STABBING INCIDENT DURING WHICH THE PERPETRATOR THREATENED HIS LIFE, A.P.D. ROBERT SIMMONS IS DESERVING OF PUBLIC CLAIM AND RECOGNITION. THIS IS PRESENTED IN APPRECIATION AND ACKNOWLEDGEMENT OF HIS HAIR RISM IN SAVING THE VICTIM'S LIFE. PRESENTED THIS DAY OF AUGUST, SIGNED BY ME, KIRK WATSON, MAYOR OF THE CITY OF AUSTIN. THANK YOU VERY MUCH. [APPLAUSE].

>> AUSTIN FIRE DEPARTMENT FIREFIGHTERS RICK PLATZ.

>>MAYOR WATSON: IN ACKNOWLEDGEMENT OF HIS WILLINGNESS TO RESTRAIN THE PERPETRATOR IN WILL BACKUP OFFICERS ARRIVED, FIREFIGHTER RICK FLATS IS DESERVING OF PUBLIC ACCLAIM AND THIS CERTIFICATE IS PRESENTED IN ACKNOWLEDGEMENT OF HIS HEROISM IN HELPING SAVE THE OFFICER'S AND THE VICTIM'S LIVES PRESENTED THIS 2ND DAY OF AUGUST, 2001, ON BEHALF OF THE CITY COUNCILL OF AUSTIN, TEXAS, SIGNED BY ME, KIRK WATSON, MAYOR OF THE CITY OF AUSTIN, TEXAS. FIREFIGHTER RICK FLATS. [APPLAUSE].

>>MAYOR WATSON: MAKE SURE HE GETS THAT.

>> FIN FIRE DEPARTMENT FIRE BIRT BRANDON LANE.

>>MAYOR WATSON:? ACKNOWLEDGEMENT OF HIS WILLINGNESS TO ASSIST AUSTIN POLICE DEPARTMENT OFFICER ROBERT SIMMONS WHOSE LIFE WAS BEING THREATENED, BRANDON IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. THIS CERTIFICATE IS ALSO PRESENTED IN ACKNOWLEDGEMENT AND APPRECIATION OF HIS HEROISM IN HELPING SAVE OFFICER SIMMONS AND THE VICTIM'S LIVES PRESENTED THE 2ND DAY OF AUGUST, 2001, ON BEHALF OF THE ENTIRE CITY COUNCIL, BRANDON WADE. [APPLAUSE].

>> AUSTIN FIRE DEPARTMENT CAPTAIN BECK ME MA LEAN.

>>MAYOR WATSON: FOR HER DIRECTION AND SUPPORT OF THE FIREFIGHTERS DURING THE INCIDENT ON APRIL 7TH, 2001, DURING WHICH THESE MEMBERS OF HER TEAM WERE ASSISTING A.P.D. OFFICER ROBERT SIMMONS AS HE RESPONDED TO A STABBING INCIDENT. AUSTIN FIRE DEPARTMENT CAPTAIN BECKY MALONE IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. THIS CERTIFICATE IS PRESENTED IN ACKNOWLEDGEMENT AND APPRECIATION THIS 2ND DAY OF AUGUST, 2001, ON BEHALF OF THE ENTIRE CITY COUNCILL OF AUSTIN, TEXAS, CAPTAIN BECKY MALONE. [APPLAUSE]. ZFP I TELL YOU WHAT, THEY WILL FIGHT SOMEBODY WITH WITH A KNIFE, BUT THEY WON'T STEP UP HERE AND TALK. COME UP HERE AND LET'S TAKE A PICTURE.

>>GOODMAN: IN MANY DIFFERENT WAYS, IN MANY DIFFERENT ROLES WE HAVE A LOT OF SPECIAL PEOPLE IN AUSTIN WHO GIVE US THEIR TIME, THEIR WORK, THEIR COMMITMENT, AND EVENTUALLY ON BOARDS AND COMMISSIONS THEY DO NEED A BREAK. BUT BEFORE THEY GO OFF AND GIVE UP THEIR TIME IN THE BARREL, WE LIKE TO GIVE THEM A LITTLE ACKNOWLEDGEMENT OF THE EFFORT THAT THEY GAVE US AND THE CONTRIBUTION THAT THE COMMUNITY RECEIVED FROM THEM. AND TODAY WE HAVE A VERY DISTINGUISHED MAN FOR A DISTINGUISHED SERVICE AWARD. LET ME OFFER THE MAYOR THE CHANCE TO ANNOUNCE WHO THIS WONDERFUL MAN IS.

>> JOHN MAYO.

>>GOODMAN: WE ARE GIVING THE DISTINGUISHED SERVICE AWARD FOR HIS UNTIRING EFFORTS AND UNSELFISH SERVICE DURING HIS SIX AND ONE-HALF YEAR TENURE ON THE FEDERALLY QUALIFIED COMMUNITY HEALTH CENTERS BOARD OF DIRECTORS AND HIS FIVE YEARS OF SERVICE AS ITS CHAIR, JOHN MAYO IS DESERVING 'PUBLIC ACCLAIM AND RECOGNITION. HE LED THE ORGANIZATION THROUGH A TIME OF MAJOR GROWTH AND TRANSFORMATION AND HELPED THE COMMUNITY HELD CENTER SYSTEM BECOME MOF FINANCIALLY SOUND. HE ALSO WORKED TO MAKE THE COMMUNITY MORE AWARE OF HEALTH CARE ISSUES FACING AUSTIN'S INDIGENT AND LOW INCOME POPULATIONS AND HAS BEEN INSTRUMENTAL IN BRINGING VALUABLE RESOURCES INTO THE CLINICS LIKE THE PEDIATRIC LITERACY PROGRAM, REACH OUT AND READ. WE EXTEND OUR SINCEREST THANKS AND GRATITUDE TO MR. MAYO FOR A JOB WELL DONE. PRESENT THIS 2ND DAY OF AUGUST IN THE YOUR 2001 BY THE CITY COUNCIL OF AUSTIN, TEXAS, AND SIGNED BY OUR MAYOR, KIRK WATSON. THANK YOU, JOHN. [APPLAUSE].

>>> I WANT TO THANK THE MAYOR AND THE CITY FORGIVING ME THIS DISTINGUISHED SERVICE AWARD. SEVEN AND A HALF YEARS AGO I RETURNED TO AUSTIN FROM NEW YORK CITY. I WAS LEGALLY BLIND, HAD VERY -- HAD DIFFICULTY WALKING, AND THE CITY OF AUSTIN THROUGH THE MEDICAL ASSISTANCE PLAN PAID FOR AND FACILITATED THE REATTACHMENT OF THE RETINAS IN MY EYES. AND I WANTED TO THANK THE CITY COUNCIL AND THE CITY OF AUSTIN FOR HAVING THE FORESIGHT TO ESTABLISH THE MEDICAL ASSISTANCE PLAN YEARS AGO. WITHOUT WHICH I WOULD BE IN WORST SHAPE THAN I AM NOW. THANK YOU VERY MUCH. [APPLAUSE]. IT HAS BEEN A PLEASURE SERVING ON THE FQAC BOARD AND BEING ITS CHAIRMAN FOR THE LAST TWO AND A HALF YEARS. THANK YOU. [APPLAUSE].

>>MAYOR WATSON: RUDY MONGIA, COME ON UP HERE. WE HAVE ANOTHER DISTINGUISHED SERVICE AWARD, AND ONE OF THE THINGS THAT WE REALLY TAKE PRIDE IN IS THE FACT THAT AUSTIN REACHES OUT TO PLACES ALL OVER THE WORLD BOTH, YOU KNOW, NOT JUST -- I WAS GOING TO SAY BOTH, THERE'S A WHOLE LOT MORE, CULTURE, EDUCATION, ECONOMICS, BUT WHAT HAPPENS SO OFTEN IS WE END UP BENEFITING IN AUSTIN, TEXAS SO MUCH FROM THESE RELATIONSHIPS THAT WE CREATE AND THERE ARE INDIVIDUALS IN AUSTIN, TEXAS THAT MAKE ALL OF THAT WORK. AND ONE OF THOSE PEOPLE WE WANT TO HONOR TODAY AND THAT'S WITH A DISTINGUISHED SERVICE AWARD. SO I'M GOING TO -- COME ON UP HERE. I'M GOING TO ASK MAYOR FLATTERY TO HELP ME BY ANNOUNCING THE NAME OF THE RECIPIENT OF THIS AWARD AND I'M GOING TO READ IT.

>> RUDY MONGIA.

>>MAYOR WATSON: FOR HIS DEDICATION AND SUPPORT OF THE SISTER HIGH SCHOOL PROGRAM BETWEEN AUSTIN'S JOHNSTON HIGH SCHOOL AND OGINODIE HIGH SCHOOL IN JAPAN, RUDY IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. HE HELPED ORGANIZE PARENT INFORMATION FORUMS IN ADVANCE OF THE ANNUAL STUDENT EXCHANGES. HE LEARNED ABOUT JAPANESE CUSTOMS AND HELPED SUPPORT RECIPROCITY, OFTEN IN THE FACE OF LIMITED RESOURCES. AND THAT COULD BE EDITED TO SAY OFTEN IN THE FACE OF ALMOST NO RESOURCES. AND HE HAS BEEN A STEADY LINK BETWEEN THE HIGH SCHOOL PROGRAMS AND THE COMMITTEE. WE WILL MISS HIS WISDOM, VISION, AND PERSPECTIVE THROUGH ADMINISTRATIVE CHANGES ON ALL SIDES. WE APPRECIATE HIS STALL WART SUPPORT OVER THE PAST DECADE AND WISH HIM A PLEASUREABLE RETIREMENT. PRESENTED ON BEHALF OF THE CITY COUNCILL AND SIGNED BY ME AS MAYOR. IT'S NOT WRITTEN IN THE AWARD, BUT THIS IS SOMEBODY WHO MADE THIS WORK. I CAN'T TELL YOU OVER THE PAST COUPLE OF YEARS THE NUMBER OF YOUNG PEOPLE THAT HAVE COME THROUGH THE MAYOR'S OFFICE BECAUSE OF THIS PROGRAM THAT WOULDN'T BE COMING THROUGH THE MAYOR'S OFFICE AND WOULDN'T BE A PART OF THIS SPERBS BUT FOR YOUR HARD WORK AND ON BEHALF OF THE CITY I WANT TO SAY THANK YOU VERY MUCH.

>> THANK YOU. [APPLAUSE].

>> THANK YOU SO MUCH, MAYOR WATSON AND MAYOR FLATTERY. I DO WANT TO THANK THE SISTER CITY COMMITTEE AND THE MAYOR AND THE COUNCIL FOR YOUR SUPPORT OF THE SISTER CITY COMMITTEE WHICH IN TURN IS SUPPORTIVE OF THE SISTER SCHOOL COMMITTEE. BEING AT JOHNSTON THESE PAST NINE YEARS ALLOWED ME THE OPPORTUNITY TO GET TO KNOW THE PROGRAM, WORK WITH THE PROGRAM, TO BE A SPONSOR OF THE FIRST STUDENT THAT WENT TO JAPAN IN 1995 AND TO WORK WITH THE MANY WONDERFUL AND SUPPORTIVE PARENTS AND STAFF MEMBERS, BUT ESPECIALLY THE SISTER CITY -- EXCUSE ME, THE SISTER SCHOOL COMMITTEE MEMBERS THAT HAVE BEEN SO SUPPORTIVE IN EVERY WAY. AND MAYOR, YOU MENTIONED ABOUT THE STUDENTS COMING THROUGH YOUR OFFICE. IN A COUPLE OF WEEKS, PLEASE KEEP YOUR CALENDAR CLEAR BECAUSE WE ARE EXPECTING THE STUDENTS TO COME ABOUT THE MIDDLE OF AUGUST. AND YOU'VE ALWAYS BEEN VERY GENEROUS WITH YOUR TIME. SO THEY LOOK FORWARD TO THAT, TO BECOMING HONORARY CITIZENS OF AUSTIN AND THEY CHERISH THE CERTIFICATES THAT THEY HAVE. SO THANK YOU SO MUCH. IF I MAY HAVE A WORD R UPPER AIR DISTURBANCE MY MOTHER IS HERE WITH ME TODAY AND -- IF I MAY HAVE A WORD. MY MOTHER IS HERE. AFTER 90 YEARS HER HEARING IS NOT THAT GOOD, BUT WE -- I AM VERY PRIVILEGED TO HAVE MY MOTHER WITH ME TODAY.

>>MAYOR WATSON: THAT'S BEAUTIFUL. [APPLAUSE].

>> I DO THANK YOU, AGAIN, THE CITY COUNCILL AND MAYOR WATSON, AND AGAIN, ESPECIALLY THE SISTER CITY COMMITTEE MEMBERS. [APPLAUSE].

>>MAYOR WATSON: THAT CONCLUDES OUR LIVE MUSIC AND PROCLAMATIONS. AND FOLKS, I THINK MAYOR FLATTERY HAS DONE A GREAT JOB FOR US. THANK YOU. APPLAUSE PLUS.

>>MAYOR WATSON: ONE OF THE THINGS WE KNOW IS TRUE WHEN YOU GOT A KID THAT'S THIS GOOD A KID DOING AS WELL AS SHE IS, SHE IS SURROUNDED BY PEOPLE THAT LOVE HER. I WANT HER TO STEP UP AND BEFORE YOU GIVE GIVE UP THE GAVEL, INTRODUCE THE FOLKS THAT CAME DOWN HERE WITH YOU TODAY. WILL YOU DO THAT?

>> OKAY. MY MOM LESLIE FLATTERY.

>>MAYOR WATSON: YEAH. PLEASE STAND UP. [APPLAUSE].

>> MY DAD, PAUL FLATTERY. [APPLAUSE]. AND HE'S HOLDING MY YOUNGEST BROTHER, TOM FLATTERY.

>>MAYOR WATSON: HEY, TOM. [APPLAUSE].

>> MY OLDEST SISTER, INDICATE LYNN FLATTERY. -- KAITLIN FLATTERY. [APPLAUSE]. ONE OF MY YOUNGER BROTHERS, NEAL FLATTERY. AND IT'S HIS BIRTHDAY TODAY.

>>MAYOR WATSON: OH, HAPPY BIRTHDAY! HOW OLD YOU ARE?

>> NINE.

>>MAYOR WATSON: GOOD FOR YOU. HAPPY BIRTHDAY.

>> THEN THE MIDDLE ONE OF THE BROTHERS, JOHN FLATTERY. [APPLAUSE].

>>MAYOR WATSON: YOU HAVE A BEAUTIFUL FAMILY. CONGRATULATIONS. LET'S GIVE ONE MORE ROUND OF APPLAUSE TO MAYOR FLATTERY. KEEP UP THE GOOD WORK. [APPLAUSE]. THANK YOU VERY MUCH.

>>MAYOR WATSON: FOLKS, WE WILL RECONVENE THE CITY COUNCILL IN FIVE MINUTES. RIGHT AT 6:00.

>>> I'LL CALL TO ORDER THE AUSTIN CITY COUNCILL FOR A SPECIAL MEETING. WE ARE MEETING AT THE LOWER COLORADO HANCOCK BOARD ROOM. WE HAVE ONE ITEM ON THIS AGENDA. THE REASON THIS IS POSTED AS A SPECIAL CALLED MEETING IS BECAUSE OF A TIMING ISSUE. IT IS A SPECIAL MEETING TO CONDUCT A PUBLIC HEARING REGARDING PROPOSED RATE INCREASE BY TXU GAS DISTRIBUTION COMPANY. IS THERE ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING? ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING? ANYONE WISHING TO BE HEARD AT THE PUBLIC HEARING REGARDING A PROPOSED RATES INCREASE BY TXU GAS DISTRIBUTION COMPANY? ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION MADE BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAYOR PRO TEM. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES. COUNCIL, STAFF HAS PREPARED IF WE WANT ANY ADDITIONAL COMMENT FROM STAFF ON THIS ISSUE RIGHT NOW. LET ME ASK IF -- WOULD ANY MEMBER OF COUNCIL WANT THAT? I'LL ENTERTAIN A MOTION TO ADJOURN THE SPECIAL CALLED MEETING OF THE AUSTIN CITY COUNCIL. MOTION MADE BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAYOR PRO TEM. ALL IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES. WE HAVE ADJOURNED THAT SPECIAL CALLED MEETING. I WILL CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCILL. ITEM NO. 84 IS A PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON THE PROPOSED AMENDMENTS TO THE EAST 11TH AND 12TH STREET URBAN RENEWAL PLAN. DO WE HAVE A PRESENTATION? MR. SMITH.

>> MY NAME IS GREG SMITH. I'M WITH THE NEIGHBORHOOD HOUSING COMMUNITY DEVELOPMENT OFFICE. THE ITEM BEFORE YOU IS AN AMENDMENT TO THE EAST 11TH AND 12TH STREET URBAN RENEWAL PLAN WHICH IS CONSISTENT WITH THE CHAPTER 374 OF THE LOCAL GOVERNMENT CODE. WE'RE FOLLOWING PROCEDURES TO AMEND THIS PLAN. THE PLAN PRIMARILY CHANGES SOME OF THE LAND USE IN THE 11TH AND 12TH STREET CORRIDOR. IT STRIKES A COMPROMISE BETWEEN SOME OF THE BUSINESS OWNERS AND HOMEOWNERS IN THE AREA AS RELATES TO LAND USE AND HIGHEST RIO-HEIGHT RESTRICTIONS AND ALSO PROVIDES MORE FLEXIBILITY FOR DEVELOPMENT TO OCCUR ON 11TH SFREET WHICH ALLOWS FOR SINGLE USE AS OFFICE AND HOUSING AS WELL AS MIXED USE IN THE 11TH STREET CORRIDOR. WITH THAT I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

>>MAYOR WATSON: COUNCIL, AT THIS POINT DO YOU HAVE ANY QUESTIONS? MARY HELEN LOPEZ. YOU ARE DONATING TIME?

>> [INAUDIBLE - NO MIC ON].

>>MAYOR WATSON: WELL, YOU CAN TALK. ALL RIGHT.

>> I AM JUST REAL QUICKLY SAYING THAT I'M AGAINST IT, THE AMENDMENT. I WAS HOPING THAT WE COULD GO AHEAD AND STICK TO THE ORIGINAL A.R.A. PLAN FOR THAT 11TH STREET AND 12TH STREET. AND IT'S MAINLY BECAUSE OF THE HEIGHT ACROSS -- ACROSS ON 12TH STREET. I LIVE OFF OF 11TH STREET. SO THAT IS MY OBJECTION.

>>MAYOR WATSON: THANK YOU VERY MUCH. DORA VIANUEVA.

>> HI, I'M JUST HERE TO TELL YOU I'M AGAINST ANY PROPOSED AMENDMENTS. WE SUPPORT THE ORIGINAL PLAN AS IT WAS. WE TRIED TO REACH A COMPROMISE WITH THE PEOPLE WHO ARE PROPOSING THIS CHANGE, AND BECAUSE THEY DID NOT COME TO THE TABLE IN THE SPIRIT OF COMPROMISE, WE WITHDREW ALL OUR PARTICIPATION IN ANY TYPE OF NEGOTIATIONS. WE JUST THOUGHT THEY WERE BEING UNCOMPROMISING. AND MOSTLY WE'RE JUST IN FAVOR OF KEEPING IT AS IT IS. IT'S A VERY ATTRACTIVE PLAN. IT KEEPS IN MIND IT'S A FAMILY CENTERED NEIGHBORHOOD. IT KEEPS IN MIND THAT WE WANT MIXED USE RATHER THAN -- WE DON'T WANT ANOTHER 7TH STREET CORRIDOR. WE WOULD LIKE TO SEE SOMETHING MORE ALONG WHAT'S HAPPENING ON CESAR CHAVEZ EAST OF THE FREEWAY. THAT'S VERY NEIGHBORHOOD FRIENDLY. AND KID FRIENDLY. AND BASICALLY WE WANT TO IT STAY AS IT IS. THANK YOU.

>>MAYOR WATSON: THANK YOU. BYRON MARSHAL.

>> HELLO. I'M REPRESENTING THE AUSTIN REVITALIZATION AUTHORITY. I THOUGHT WE HAD A NEIGHBORHOOD SUPPORT. IN FACT, WE HAD A NUMBER OF MEETINGS WITH NEIGHBORS AND THIS IS A COMPROMISE THAT WAS STRUCK BASICALLY WITH THE VOTES OF MOST OF THE NEIGHBORS. WE WENT THROUGH ABOUT 18 MONTHS WORTH OF NEGOTIATIONS TRYING TO TAKE THE ORIGINAL PLAN WHICH ACTUALLY JUST INCORPORATED THE SCHOLARSHIP PLAN. I THINK THAT'S WHAT CAUSED A LOT OF THE PROBLEMS. THE SCIP PLAN INCLUDED A NUMBER OF HOUSING UNITS ON BOTH THE NORTH SIDE AND SOUTH SIDE. THE BUSINESS OWNERS ALONG 12TH STREET HAVE AN OBJECTION TO INCREASED HOUSING AND WANTED TO SEE MORE COMMERCIAL ESTABLISHMENTS ALONG 12TH STREET. AS THE NEIGHBORS SAID, DURING THE INITIAL NEGOTIATIONS, THE BUSINESS OWNERS WOULDN'T YIELD AT ALL TO ANY OF THEIR REQUESTS. THEY HAD BASICALLY ENTERED NEGOTIATION AND IN A SERIES OF MEDIATIONS, RATHER, AGREED TO 90% OF WHAT THE BUSINESS OWNERS WANTED. AND THE BUSINESS OWNERS CONTINUED TO CONTEND THAT THEY WOULDN'T AGREE TO THE ONE THING THAT WAS IMPORTANT TO THE NEIGHBORHOOD, WHICH WAS HOUSING ON THE SOUTH SIDE OF 12TH STREET BETWEEN CURVE AND NAVASOTA. THIS PLAN ACTUALLY LEAVES THAT HOUSING AND MAKES THE OTHER CHANGES THAT EVERYBODY HAD BASICALLY AGREED UPON. SHE IS ABSOLUTELY CORRECT, THE BUSINESS OWNERS WOULDN'T AGREE AT ALL AND THE NEIGHBORS WALKED OUT. BUT AFTER THAT, ABOUT A YEAR AFTER THAT, WE MET WITH A GROUP OF THE NEIGHBORS AND BUSINESS OWNERS AND CAME BACK WITH A COMPROMISE. MANY OF THE BUSINESS OWNERS STILL DON'T AGREE EVEN WITH THE COMPROMISE, BUT I DON'T KNOW IF THE LADIES HAVE SEEN THIS PARTICULAR PLAN. THIS IS WHAT YOU AGREED TO IN THOSE MEETINGS SEVERAL MONTHS AGO. SO I THINK THIS IS ACTUALLY THE COMPROMISE THEY WERE LOOKING FOR AND WE ARE IN SUPPORT OF IT. THE PLANNING COMMISSION SUPPORTED IT AS DID THE URBAN RENEWAL BOARD.

>>MAYOR WATSON: THANK YOU. THOSE ARE ALL THE PEOPLE SIGNED UP TO SPEAK ON ITEM 84. IS THERE ANYONE ELSE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD? I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION MADE BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAYOR PRO TEM. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES AND THE PUBLIC HEARING IS CLOSED. ITEM NO. 89 IS -- I'LL ENTERTAIN A MOTION TO APPROVE THE PROPOSED MODIFICATIONS TO THE EAST 11TH AND 12TH STREETS URBAN RENEWAL PLAN.

>>WYNN: MOVE APPROVAL.

>>MAYOR WATSON: IS THERE A SECOND? I'LL SECOND THE MOTION. IS THERE DISCUSSION?

>>GOODMAN: YES, MAYOR.

>>MAYOR WATSON: MAYOR PRO TEM.

>>GOODMAN: CAN WE GIVE THIS A FEW MINUTES SINCE THEY ARE RIGHT NOW LOOKING AT THE PLANS?

>>MAYOR WATSON: I SUPPOSE.

>>ALVAREZ: I DID HAVE A QUESTION FOR STAFF.

>>MAYOR WATSON: SURE, COUNCILMEMBER ALVAREZ.

>>ALVAREZ: I GUESS I'M JUST WONDERING I THINK MR. MARSHALL MENTIONED SOMETHING ABOUT THE ORIGINAL PLAN AND WHY IT'S NECESSARY TO MAKE CHANGES TO THE ORIGINAL PLAN. BUT I GUESS I WAS LOOKING AT SOME OF THE CHANGES AND IT'S CHANGES IN HEIGHT, THE AMOUNT OF COMMERCIAL DEVELOPMENT, AMOUNT OF PARKING SPACES REQUIRED, AND I MEAN I GUESS WHAT ARE ALL THOSE BASED ON? IS IT A MASTER PLAN OR WHY ARE WE COMING FORWARD WITH THESE PARTICULAR RECOMMENDATIONS?

>> WELL, MOST OF THE CHANGES ON 12TH STREET, PROPOSED CHANGES, IS REALLY IN DIRECT -- AS A COMPROMISE RESPONDING TO THE COMPROMISE BETWEEN THE HOMEOWNERS IN THE ANDERSON HILL AREA AND THE 12TH STREET BUSINESS OWNERS T PROPOSED CHANGES ON 11TH STREET ARE REAL TOY SUPPORT SOME OF THE PROPOSED PROJECTS THAT ARE COMING FORWARD. WHICH WILL ALLOW FOR SINGLE USE OF A BUILDING. RIGHT NOW IT ONLY CALLS FOR MIXED USE. IT MEANS IT HAS TO BE AT LEAST TWO OR MORE USES IN THAT FACILITY. WE'VE MODIFIED TO ALLOW FOR IT TO HAVE OFFICES OR HOUSING AS WELL AS MIXED USE. THE HEIGHT RESTRICTIONS ARE PRIMARILY LIMITED TO THE 12TH STREET CORRIDOR WHERE THE ORIGINAL HEIGHT IN THE PLAN CALLED FOR 35 FEET, AND I BELIEVE WE'RE ADJUSTING THAT TO 50 FEET. SOME OF THE BUSINESS OWNERS OVER THERE WERE PROPOSING 80 FEET IN THAT AREA. SO MOST OF THOSE CHANGES ARE REALLY RESPONDING TO EITHER THE COMPROMISE OR EITHER-PROPOSED PROJECTS THAT ARE COMING FORWARD.

>>ALVAREZ: AND SO -- I'M NOT SURE I GUESS WHAT THEY WERE SPEAKING TO IS THE 11TH STREET OR THE 12TH STREET. AND THE COMPROMISE WAS -- POINT OF CONTENTION WAS WHETHER TO HAVE COMMERCIAL ON BOTH SIDES.

>> THAT'S CORRECT.

>>ALVAREZ: AND THAT'S WHERE DID COMPROMISE WAS -- ON THE NORTH SIDE YOU WOULD MAINTAIN THE COMMERCIAL AND ON THE SOUTH I'D MAINTAIN MORE RESIDENTIAL?

>> WELL, THERE WAS PROBABLY ABOUT SIX AREAS ON 12TH STREET THAT -- AND THE CURRENT PLAN CALLS FOR HOUSING TO BE DEVELOPED, NEW HOUSING TO BE DEVELOPED ON THOSE SITES. MOST WAS ON THE NORTH SIDE. THERE WAS SOME ON THE SOUTH SIDE. DURING A COMPROMISE, ALL PARTIES AGREED TO HAVE NO HOUSING ON THE NORTH SIDE OF 12TH STREET AND TURN IT INTO MIXED USE. THERE WAS SOME BLOCKS ON THE SOUTH SIDE OF 12TH STREET WHERE THE PROPERTY OWNERS -- I'M SORRY, THE HOMEOWNERS WANTED THE PROPOSED TOWN HOMES TO BE DEVELOPED ON THE SOUTH SIDE OF 12TH STREET BETWEEN CURVE AND NAVASOTA. THE PURPOSE WAS WHEN THEY FIRST BOUGHT THEIR HOMES FROM ANDERSON HILL, IT WAS ENVISIONED THERE WOULD BE TOWN HOMES THERE KREE ITING A BUFFER, IF YOU WILL, BETWEEN THEM AND COMMERCIAL DEVELOPMENT. SO THEY STILL ADVOCATED THAT. IN ADDITION, STAFF IS CURRENTLY WORKING ON THAT WITH THE AUSTIN HOUSING FINANCE CORPORATION TO DEVELOP HOUSING ON THAT BLOCK. THERE WAS ONE BLOCK ON THE SOUTH SIDE BETWEEN BRANCH AND CURVE THAT WAS TARGETED FOR HOUSING DEVELOPMENT WHICH WAS COMPROMISED TO BE MIXED USE.

>>ALVAREZ: AND WHAT IS THE -- IS THERE A DIFFERENCE IN HEIGHT IN TERMS OF THE NORTH SIDE AND THE SOUTH SIDE OF 12TH OR IS IT ALL PRETTY UNIFORM?

>> IT'S PRETTY MUCH UNIFORM -- I BELIEVE IT'S PRETTY MUCH UNIFORM. I KNOW ON 11TH STREET THAT THE -- DEPENDING ON THE BLOCK THAT YOU ARE IN, THE HEIGHT WOULD CHANGE BECAUSE OF THE TOPOGRAPHY IN THE AREA TO TRY TO KEEP IT LEVEL. SO IN THE LOW POINTS THE HEIGHT IS HIGHER AND THE HIGH POINTS THE HEIGHT WAS [INAUDIBLE].

>>ALVAREZ: THANK YOU.

>>MAYOR WATSON: FURTHER QUESTIONS OR DISCUSSION? COUNCILMEMBERS HAVE ANY FURTHER QUESTIONS OR DISCUSSION? COUNCIL, I'LL ENTERTAIN A MOTION TO POSTPONE A VOTE ON THE MOTION TO APPROVE THIS AND WE'LL TAKE UP A COUPLE OF THE OTHER PUBLIC HEARINGS T POSTPONEMENT WILL BE FOR NO LONGER THAN 15 MINUTES SO WE'LL SET A TIME. MOTION MADE BY THE MAYOR PRO TEM. SECONDED? COUNCILMEMBER ALVAREZ. ALL IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. THIS ITEM IS POSTPONED UNTIL 6:30. ITEM 85 IS CONDUCT A PUBLIC HEARING ON PROPOSED REVISIONS TO CHAPTER 18-3 OF THE CITY CODE WHICH ESTABLISHES DRAINAGE UTILITY AND PROVIDES FOR THE DRAINAGE FEE. MR. HEITZ.

>> I'M MIKE HEITZ, DIRECTOR OF THE WATERSHED PROTECTION REVIEW DEPARTMENT. THIS EVENING I'M HERE TO PRESENT RECOMMENDATIONS TO MAKE CHANGES IN SECTION 18-3 OF THE CITY CODE PURSUANT TO COST OF SERVICE STUDY FOR THE CITY'S DRAINAGE FEE. I WILL BEGIN THE PRESENTATION WITH A VERY BRIEF -- [LAUGHTER]. IT WILL BE REAL BRIEF WITHOUT THE LIGHT. [LAUGHTER].

>>MAYOR WATSON: I WAS WONDERING WHY THEY WERE LAUGHING. I THOUGHT IT WAS A BAD SIGN WHEN YOU SAY VERY BRIEF AND EVERYBODY LAUGHS AT YOU.

>> I WILL BEGIN THE PRESENTATION WITH A VERY BRIEF BACKGROUND OF THE PROJECT. THEN JOE RIDGE OF CAMP DRESSER MCKEE WHO PERFORMED THE ORIGINAL COST OF SERVICE STUDY AND UPDATE WILL PROVIDE INFORMATION ON NATIONAL PRACTICE STUDY RECOMMENDATIONS AND THE RATE IMPACTS. FINALLY, VICKI SHOE BETTER OF FINANCIAL SERVICES WILL PROVIDE A BRIEF STATUS OF CURRENT ACTIVITY AND NEXT STEPS. IN JUNE 2000, COUNCIL TOOK SEVERAL ACTIONS INCLUDING DIRECTING THE STAFF TO DEVELOP COST OF SERVICE STUDY AND UPDATES BY AUGUST 2001 AND ADOPTING A SUNSET DRAINAGE ORDINANCE FOR THE DRAINAGE FEE SUSPECT I HAVE AUGUST 31, 2001, DIRECTING THAT IMPLEMENTATION OF THE COST OF SERVICE STUDY OCCUR BY THE SAME DATE. IN AUGUST 2000, STAFF FORWARDED THE UPDATED STUDY TO COUNCIL AND IN OCTOBER 2000 STAFF PRESENTED THE UPDATED STUDY RECOMMENDATIONS. THIS INCLUDED A PRELIMINARY ESTIMATE OF THE SURVEY OF PROPERTIES AND THE PROPOSED BILLING METHODOLOGY. NOW JOE RIDGE OF CAMP DRESSER MACK KEY WILL PROVIDE INFORMATION ON NATIONAL PRACTICES AND SPECIFIC RECOMMENDATIONS FOR AUSTIN. JOE?

>> THANKS, MIKE T CITY ASKED US TO UP DAY OR TWO THE STUDY WE ORIGINALLY PERFORMED IN 13 AND WE CONDUCTED THE STUDY LAST YEAR. AND WE ESSENTIALLY REAFFIRMED THE CONCLUSIONS FROM THE 1993 STUDY WHICH IS THE CITY WOULD BE WELL SERVED MOVING FROM THE CURRENT BILLING SYSTEM TO IMPERVIOUS AREA CHARGE SYSTEM. JUST AS A WAY OF BACKGROUND, THERE ARE PRESENT ABOUT 360 COMMUNITIES THAT HAVE SOME SORT OF DRAINAGE OR STORM WATER FEE IN THE COUNTRY. 83% OF THOSE USE THE IMPERVIOUS AREA COVER AND 70% USE THE ERU UNIT THAT WE'RE PROPOSALLING BE IMPLEMENTED IN AUSTIN. THE CITY'S CURRENT METHODOLOGY ESSENTIALLY ASSESSES FEES BASED ON THE 100 YEAR PEAK RUNOFF AND THE CONCEPT OF DEVELOPED ACREAGE. AS PART OF THAT PROCESS, COMMERCIAL ACREAGE, COMMERCIAL PARCELS ARE ASSUMED TO HAVE TWICE AS MUCH RUNOFF AS RESIDENTIAL PARCELS. IN OUR EVALUATION, WHAT WE HAVE FOUND IS THAT IN FACT THE CURRENT SYSTEM OVERESTIMATES THE AMOUNT OF RUNOFF FROM RESIDENTIAL PARCELS AND THAT IT WOULD BE MORE EQUITABLE TO CHARGE CUSTOMERS BASED ON THE ACTUAL AMOUNT OF IMPERVIOUS AREA OR HARD SURFACE THAT GENERATES RUNOFF. AS THE CITY STAFF HAS DEVELOPED THIS CONCEPT, THEY'VE PROPOSED THE FEE CHANGES BE IMPLEMENTED OVER A FIVE-YEAR PERIOD AND VICKI WILL TALK ABOUT THAT WHEN SHE COMES OUT. THIS NEXT CHART ESSENTIALLY SHOWS WHAT THE PROPOSED RATES WOULD BE FOR FISCAL '02 WITH THE IMPERVIOUS AREA CHARGE. THE CURRENT RATE IS $5.21 AND THE COMMERCIAL RATE $56.23 PER DEVELOPED ACRE. IT'S BEING PROPOSED FOR FISCAL YEAR '02 THE RESIDENTIAL RATE STAY AT $5.21 PER RESIDENTIAL, PER DWELLING UNIT. THE COMMERCIAL WOULD CHANGE TO $70.73 PER IMPERVIOUS ACRE. NOW, THAT'S -- A COMMERCIAL PROPERTY WOULD ONLY INCUR THAT INCREASE OF 26% IF 100 OF THEIR DEVELOPED ACREAGE WAS IMPERVIOUS AREA. THE DATA SHOWING ABOUT 85 TO 888% FOR IMPERVIOUS SO THE INCREASE IS LESS. IN ADDITION, THE MINIMUM WOULD BE REDUCED FROM $10.42 TO $5.21. SO SOME COMMERCIAL PROPERTIES MIGHT ACTUALLY SEE A REDUCTION. NOW, TO GIVE YOU SOME SENSE OF WHAT THE PROPOSED RATES MEAN IN TERMS OF OTHER COMMUNITIES ACROSS THE COUNTRY, WE'VE CONDUCTED SORT OF A BENCH MARKING STUDY OF OTHER COMMUNITIES THAT HAVE IMPERVIOUS AREA CHARGES THAT PROVIDE COMPARABLE LEVELS OF SERVICE IN COMPARABLE URBAN ENVIRONMENTS. AS YOU CAN SEE, THE RANGE FOR COMMERCIAL PROPERTIES IS SOMETHING LESS THAN $50 TO A HIGH [INAUDIBLE] -- A HIGH IN PORTLAND. THE AVERAGE IS ABOUT $70 PER MONTH COMPARED TO THE PROPOSED FEE IN AUSTIN OF $71. SIMILARLY, WE'VE DONE THE SAME FOR RESIDENTIAL PROPERTIES AND AUSTIN'S RATE IS ABOUT AVERAGE FOR THOSE COMMUNITIES ACROSS THE COUNTRY. THESE ARE CONSIDERED TO BE COMMUNITIES COMPARABLE TO THE KINDS OF THINGS AUSTIN IS DOING AND TRYING TO DO. AS PART OF THE ORIGINAL COST OF SERVICE STUDY AND UPDATE, WE WERE ASKED TO LOOK AT SPECIFIC POLICY ISSUES THAT ARE EMBEDDED IN THE CURRENT POLICY OR MIGHT BE PROPOSED FOR THE NEW POLICY. I'LL GO THROUGH THOSE QUICKLY. THE FIRST IS WHAT SHOULD THE SERVICE AREA BE FOR THE IMPERVIOUS AREA CHARGE. PRESENTLY SERVICE IS ONLY PROVIDED WITHIN THE CITY OF AUSTIN. THERE WAS AN ISSUE OR A DESIRE TO SEE WHAT THE IMPACT WOULD BE IF EXTENDING THE DRAINAGE UTILITY IN THE EXTRATERRITORIALS AND WHAT WE'VE INCLUDED IS THAT WOULD NOT BE COST EFFECTIVE, BUT IT WOULD CAUSE RATES TO GO UP GIVEN THE LOW DENSITY OF DEVELOPMENT IN THOSE AREAS. THE SECOND ISSUE WE LOOKED AT IS SHOULD THE CITY MAINTAIN THE CURRENT EXEMPTIONS THAT IT PROVIDES TO SCHOOLS, THE STATE, COUNTY BUILDINGS, AND VACANT LAND. AND WE'VE CONCLUDED THAT INCLUDING THOSE WOULD NOT HAVE A SIGNIFICANT IMPACT ON THE RATE AND GIVEN SORT OF THE COMPLEX RELATIONSHIP BETWEEN THE CITY AND STATE, IT WOULD BE BEST TO LEAVE THOSE POLICIES IN PLACE. THE THIRD POLICY WE LOOKED AT WHICH ISN'T ON THE SHEET HAS TO DO WITH EXEMPTION FOR RELIGIOUS ORGANIZATIONS TO PROVIDE HOUSING, ASSISTANCE FOR HOMELESS AND THAT POLICY SHOULD BE CONTINUED. THE NEXT TWO POLICIES RELATE TO CERTAIN DISCOUNTS. THE CITY PRESENTLY HAS A POLICY OF IT PROVIDING A 35% DISCOUNT TO COMMERCIAL PROPERTIES THAT OPERATE AND MAINTAIN RETENTION AND DETENTION PONDS THAT MEET CITY STANDARDS. IT'S BEING RECOMMENDED THAT POLICY BE CONTINUED, BUT THAT THE DISCOUNT BE REDUCED FROM 35 TO 20%, WHICH IS A MORE ACCURATE ESTIMATE OF THE COST SAVINGS INCURRED BY THE CITY AS A RESULT OF THOSE PONDS BEING IN EXISTENCE. THE FINAL POLICY THAT WE LOOKED AT WAS A LOW INCOME DISCOUNT AND IT'S BEING PROPOSED COMPARABLE TO WHAT AUSTIN ENERGY DOES THAT LOW INCOME HOUSEHOLDS WHO QUALIFY BE PROVIDED A 50% DISCOUNT ON THE MONTHLY FEE. AND AT THIS POINT VICKI WILL TALK ABOUT THE OVERALL STATUS OF THE PROJECT.

>> THANK YOU, JOE. STAFF IS IN THE PROCESS OF COMPLETING THE SURVEY OF PROPERTIES TO MEASURE FOR IMPERVIOUS COVER. WE'RE ABOUT 95% COMPLETE ON THAT. THE RATE STRUCTURE THAT IS BEING PRESENTED TO YOU TODAY IS A PHASE-IN RATE STRUCTURE OVER FIVE YEARS. IT INCLUDES RATE INCREASES REQUIRED TO FUND THE MASTER PLAN THAT WAS PRESENTED TO COUNCIL CURRENTLY BY THE DEPARTMENT. THIS WILL ALLOW US TO BEGIN FUNDING THE FLOOD EROSION CONTROL AND WATER QUALITY CONTROLS THAT WERE IDENTIFIED AS NEEDS IN THAT PLAN. THE NEXT FEW SLIDES ASSUME THAT THE ENTIRE MASTER PLAN WOULD BE FUNDED WITH THE DRAINAGE UTILITY FEE. WE DON'T KNOW THAT THAT IS A FACT. STAFF IS EXPLORING OTHER ALTERNATIVES SUCH AS G.O. BONDS OR REVENUE BONDS OR GRANTS. ANY OF THE NUMBERS ARE KIND OF WORST CASE IS A NOUR YO ASSUMING EVERYTHING IS FUNDED THROUGH THE DRAINAGE UTILITY FEE. THE NEXT SLIDE PRESENTS THE PROJECTED RESIDENTIAL RATES WITH IMPLEMENTATION OF THE MASTER PLAN OVER A FIVE-YEAR PERIOD. AS YOU CAN SEE THE RATES BEGIN AT 5.121 AND INCREASE TO 7 -- 5.21. THOSE INCREASES WOULD RANGE FROM ABOUT 6% TO ABOUT 11%. FOR FISCAL YEAR '02, RESIDENTIAL RATES WOULD REMAIN CONSTANT, AS MR. RIDGE TOLD YOU EARLIER. THIS NEXT SLIDE IS INTENDED TO SHOW YOU WHAT THE IMPACT WOULD BE ON AN AVERAGE COMMERCIAL CUSTOMER IN FISCAL YEAR '02. IT'S HARD TO COME UP WITH AN AVERAGE COMMERCIAL CUSTOMER JUST LIKE IT'S HARD TO COME UP WITH AN AVERAGE TAXPAYER. ABOUT 76% OF OUR COMMERCIAL CUSTOMERS ARE ON ONE ACRE OR LESS OF LAND. IN ADDITION, CITYWIDE OUR BILLING ACREAGE GOES DOWN ABOUT 12% AS A RESULT OF THE CHANGE FROM THE DEVELOPED ACREAGE TO IMPERVIOUS COVER. IF YOU ASSUME AN AVERAGE CUSTOMER OF ONE ACRE HAS A REDUCTION OF 12%, GOING TO THE NEW METHODOLOGY, THEIR FEES GO FROM 56.23 TO 62.24, AN INCREASE OF ABOUT $6 OR 11% RATHER THAN THE 26% INCREASE THAT MR. RIDGE TALKED ABOUT. RATES WILL VARY DEPENDING ON CUSTOMERS AND SOME WILL GO DOWN, JUST TO KIND OF GIVE YOU A IDEA OF THE AVERAGE CUSTOMER. THIS NEXT SLIDE SHOWS YOU THE COMMERCIAL RATES OVER THE NEXT FIVE YEARS WITH THE PHASED IN MASTER PLAN METHODOLOGY. THEY WOULD INCREASE OVER THE PERIOD TO ABOUT 167 -- 176 DOLLARS. WITH INCREASES RANGING FROM 19% TO 34% ANNUALLY. EACH YEAR THE PROPOSED FEE LEVELS WOULD BE BROUGHT BACK TO COUNCIL FOR APPROVAL, YOUR APPROVAL TODAY OF THIS ORDINANCE IS NOT APPROVAL OF THESE FEE LEVELS. WE'RE DOING THE ORDINANCE APPROVAL IN ONE SET AND THEN WE'LL COME BACK TO YOU EVERY YEAR WITH FUTURE PROPOSED FEE INCREASES. NEXT STEP, TODAY WE'RE ASKING FOR YOUR APPROVAL OF THE REVISIONS TO SECTION 18-3 OF THE CITY CODE. AS I MENTIONED, WE'LL BE BRINGING BACK TO YOU THE RATES THAT WE'VE SHOWN HERE TODAY DURING THE FISCAL YEAR '02 BUDGET PROCESS ON AUGUST 30TH, WE'LL HAVE A PUBLIC HEARING AND THEN BUDGET ADOPTION WILL BE SEPTEMBER 10TH THROUGH 12TH. FINALLY I NEED TO POINT OUT TWO CLERICAL ERRORS THAT WERE IN THE MATERIALS THAT ARE BEFORE YOU FOR CONSIDERATION. FIRST, THE RCA INDICATED THERE WAS NO BOARD OR COMMISSION ACTION. IN FACT, THIS PROPOSAL WENT TO THE ENVIRONMENTAL BOARD AND WAS RECOMMENDED BY THEM. THEY HAD ONE CONCERN ABOUT THE LOW INCOME DISCOUNT. THEY FELT LIKE THE WORDING WAS SUCH WE WERE GOING TO REQUIRE CUSTOMERS TO GO THROUGH TWO APPROVAL PROCESSES TO BECOME ELIGIBLE FOR THE 50% DISCOUNT, LOW INCOME DISCOUNT. WHAT WE PLAN TO DO IS DELEGATE AUTHORITY FOR THAT REVIEW AND APPROVAL TO THE ELECTRIC UTILITY SO THEY JUST HAVE TO GO THROUGH ONE REVIEW TO GET THEIR DISCOUNT. SECONDLY, IN THE ORDINANCE ITSELF, THERE IS A CLERICAL ERROR, SECTION 18-3-8 B 2 STATES: ONE NON-RESIDENTIAL ERA CHARGE. IT SHOULD STATE ONE RESIDENTIAL ERU CHARGE. WE HAVE PROVIDED YOU WITH THE REVISED COPY OF THAT ORDINANCE AND ARE ASKING THAT YOU INCLUDE THAT CORRECTION IN YOUR CONSIDERATION. THAT CONCLUDING OUR PRESENTATION. IF YOU HAVE ANY QUESTIONS, WE'LL BE GLAD TO ANSWER THEM.

>>MAYOR WATSON: AT THIS TIME DOES COUNCIL HAVE ANY QUESTIONS? ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING ON THE PROPOSED REVISIONS TO CHAPTER 18-3 OF THE CITY CODE WHICH ESTABLISHES THE DRAINAGE UTILITY AND PROVIDES FOR THE DRAINAGE FEES? ANYONE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD? I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION MADE BY COUNCILMEMBER GRIFFITH. SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. WE'LL GO TO ITEM NO. 86. PUBLIC HEARING FOR THE FULL PURPOSE ANNEX OF THE DEL VALLE AREA APPROXIMATELY 1120 ACRES EXTENDING ON THE EAST SIDE OF U.S. 183 FROM THE EXISTING FULL PURPOSE CITY LIMITS NEAR HERGOTZ LANE SOUTHEAST ALONG 183 AND 71 TO THE EXISTING FULL PURPOSE CITY LIMITS AT WALL WE WILL LANE. THE FINANCIAL DATA WILL BE SUBMITTED WITH THE ANNEXATION RCA. DO WE HAVE A STAFF PRESENTATION?

>>GARZA: DON'T SPEED TO THE PODIUM. TAKE YOUR TIME.

>>MAYOR WATSON: MR. LUKENS.

>> THIS IS THE PUBLIC HEARING FOR THE ANNEXATION OF THE DEL VALLE ANNEXATION AREA AND THIS IS CONVERSION TO FULL PURPOSE STATUS OF AN EXISTING LIMITED PURPOSE AREA. THIS AREA IS ANNEXED FOR LIMITED PURPOSE IN 1998. IT'S ABOUT 1120 ACRES ON THE EAST SIDE OF 183 FROM EXISTING FULL PURPOSE CITY LIMITS NEAR HERGOTZ LANE SOUTHEAST ALONG 183 AND 71 TO THE EXISTING LIMITS OF FALWELL LANE. POPULATION OF ABOUT 2000. THE AREA WAS ANNEXED FOR LIMIT PURPOSES IN 1998 AND HAD AN EFFECTIVE DATE OF SEPTEMBER 7TH. IT WAS ANNEXED FOR LIMITED PURPOSES TO GIVE THE CITY REGULATORY AUTHORITY OVER LAND USES ACROSS HIGHWAY -- STATE HIGHWAY 71 FROM THE AUSTIN-BERGSTROM INTERNATIONAL AIRPORT. AREAS ANNEXED FOR LIMITED PURPOSES MUST GO FOR FULL PURPOSES WITHIN THREE YEARS OF THE LIMITED PURPOSE ANNEXATION UNLESS A MAJORITY OF AFFECTED LANDOWNERS WAIVE THE REQUIREMENT THIS. IS THE THIRD YEAR OF THE -- OF SINCE THAT LIMITED PURPOSE ANNEXATION. AND IN THIS CASE WE'RE ANNEXING ALL BUT ABOUT SEVEN ACRES. WE HAD ONE PROPERTY OWNER WHO IS ON THE EXTREME EDGE OF THE AREA HAS AN ORGANIC FARM, AND IT-AN ADJACENT SMALL AREA ARE BEING EXCLUDED FROM THIS. IT REMAINS IN LIMITED PURPOSE AND AT SOME POINT I IMAGINE SOME POINT IT MIGHT -- MIGHT GET IT CONVERTED, BUT AT THIS POINT IT WILL REMAIN LIMITED PURPOSE JURISDICTION AND THE SOLUTION WON'T AFFECT THE INTEGRITY TO BALANCE. WE HAVE A HEARING SCHEDULED AT 6:30. TO MEET THE TIME REQUIREMENTS COUNCIL HAS TO TAKE ACTION AUGUST 30TH AND THE EFFECTIVE DATE WOULD BE SEPTEMBER 6TH AS OPPOSED TO THE USUAL TEN DAYS, IT WILL BE SEPTEMBER 6TH. QUICKLY GO THROUGH THE SERVICE PLAN. IN GENERAL WHAT IS HAPPENING IS THAT THE CITY WOULD TAKE OVER FROM THE COUNTY AND PROVIDE ALL THE SERVICES PROVIDED BY THE COUNTY PLUS ADDITIONAL SERVICES NOT PROVIDED BY THE COUNTY AND PROVIDE VARIOUS ENHANCED LEVELS OF SERVICE. AN ADDITIONAL THING IS UPGRADE WATER AND SEWER IN THE AREA. AND WE'VE GOT MIKE FROM WASTEWATER UTILITY WHO CAN GO OVER THAT PARTICULAR PROJECT. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE].

>>MAYOR WATSON: THAT I FAIL TO CALL UP ITEM NUMBER 90, WHICH IS THE ACTION ITEM ON THE DRAINAGE FEE. SO WE NEED TO GET A MOTION. MOTION TO APPROVE BY COUNCILMEMBER SLUSHER. IS THERE A SECOND? BY COUNCILMEMBER GRIFFITH. ANY DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES -- .

>>SLUSHER: I WAS TRYING TO MAKE A MOTION TO ANNEX. [LAUGHTER].

>>MAYOR WATSON: MOTION CARRIES ON ITEM NUMBER 90. NOW WE'LL GO TO THE PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION OF THE PARMER LANE AREA, APPROXIMATELY 43 EARS ON THE EAST SIDE OF PARMER LANE AT THE INTERSECTION OF PARMER LANE AND MCNEIL DRIVE AND AT THE INTERSECTION OF PARMER LANE AND LEGENDARY DRIVE. FINANCIAL DATA WILL BE SUBMITTED WITH THE ANNEXATION RCA.

>> THIS ANNEXATION IS ABOUT TWO ACRES OVER HERE AT THE INTERSECTION OF MCNEIL AND PARMER AND 41 AND A HALF AT THIS AREA OVER TO THE RAILROAD. WITH THE EXCEPTION -- THIS IS THE ANNEXATION OF -- AGAIN, THIS IS A LIMITED PURPOSE AREA THAT WAS ALSO ANNEXED IN 1998. THIS LIMITED PURPOSE ANNEXATION WAS DONE TO CREATE COULD NOT GUTY TO THE MATTER LA CAMPUS AT ANDERSON MILL AND PARMER. SO WHAT WE'RE DOING HERE IS WE -- IN THIS CASE WE GOT A LETTER FROM THE PROPERTY OWNER WAIVING THE CONVERSION. SO IN THIS CASE WHAT WE'RE DOING IS ANNEXING THE DEVELOPED PORTION. AND SO WE HAVE HERE AT MCNEIL IS A DEVELOPED COMMERCIAL SITE. THE REMAINING 41 ACRES COMPRISED OF 400 SOME MULTI-FAMILY PROJECTS AND ANOTHER PROJECT THAT'S SUBDIVIDED AND AWAITING RECORDATION. AND THE PROPERTY OWNER REQUESTS ANNEXATION TO THE RCA PROJECT. THESE ARE TWO MULTI-FAMILY SITES, ONE WHICH IS BUILT AND ANOTHER SITE TOSS TO BE BUILT. THIS IS FAIRLY STRAIGHTFORWARD. AGAIN WERKS TAKE OVER FROM THE COUNTY THE SERVICES THEY PROVIDE AND PROVIDE ADDITIONAL SERVICES OF THE TYPE WE PROVIDE AND PROVIDE AN ENHANCED LEVEL OF SERVICE AS WELL AS THE NEW SERVICE.

>>MAYOR WATSON: COUNCIL, ANY QUESTIONS OF MR. LIEU SASS? ANYONE WISHING TO BE HEARD AT THE PUBLIC HEARING FOR THE FULL PERP ANNEXATION OF THE PARMER LANE AREA WHICH HAS BEEN DESCRIBED? ANYONE WISHING TO BE HEARD? ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING? I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. THE PUBLIC HEARING IS CLOSED. PLEASE GIVE US THE SCHEDULE.

>> THIS IS THE SAME AS THE OTHER ONE. THIS ONE WILL HAVE -- WITH ONE CHANGE. INSTEAD OF HAVING THE MEETING ON MONDAY, THE MEETING WILL BE THE SECOND HEARING IS THURSDAY. THE SECOND HEARING WILL BE THURSDAY AUGUST 9TH AT 6:00 O'CLOCK HERE AT THE LCRA. AND THEN WE TAKE ACTION ON -- PROPOSED TO TAKE ACTION ON THE 30TH AND AGAIN WE'LL HAVE -- TAKE ACTION ON THE SIXTH OF SEPTEMBER.

>>MAYOR WATSON: THANK YOU, MR. LUCAS. ITEM 88 IS TO CONDUCT A PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION OF THE ACF TRACT, APPROXIMATELY 68 ACRES THE ON EAST SIDE OF RIVER PLACE BOULEVARD BETWEEN BONAVENTURT DRIVE AND MILKY WAY DRIVE. FINANCIAL DATA WILL BE SUBMITTED WITH THE ANNEXATION RCA.

>> THIS TRACT HERE IN BLUE HERE, THIS, WHEN WE DID THE ANNEXATION FOR THE RIVER PLACE BOULEVARD RIGHT-OF-WAY, THE ENGINEERS FOR TWO PROJECTS, THE CHURCH, AUSTIN CHRISTIAN FELLOWSHIP, AND A DAY CARE, CHILDREN'S COURTYARD, CALLED ME AND THEY SAID THAT BECAUSE THEIR LIMITED PURPOSE AND THEY'RE IN THE COUNTY, ONLY LIMITED PURPOSE, THEY HAD TO GO THROUGH DUAL REVIEW AND HAVE VARIOUS JURISDICTIONAL PROBLEMS RELATIVE TO THEIR PLATTING. SO THEY SAID COULD YOU GO AHEAD AND ANNEX THIS RIGHT-OF-WAY? AND SO WE KIND OF -- SO INSTEAD WE TOOK IT OUT OF THE NORMAL SEQUENCE, WHICH WOULD BE TO SET A HEARING AND THEN MORE HEARINGS LATER. WE TOOK THESE OUT OF THE SEQUENCE TO MEET THEIR DEVELOPMENT TIME LINES SO THEY CAN MOVE FORWARD TO ONLY ONE SET OF REQUIREMENTS. SO THESE ARE TWO CHURCH SITES AND A DAY CARE SISTER THAT'S BEING ANNEXED AT THE REQUEST OF PROPERTY OWNERS. AGAIN, THE SERVICE PLANS WILL BE -- WE'RE TAKING OVER FROM THE COUNTY, THE COUNTY RESPONSIBILITY. WE'LL BE PROVIDING ADDITIONAL SERVICES AS WELL AS ENHANCED SERVICES. AND THIS AREA IS ALSO LIMITED PURPOSE, BY THE WAY, BACK IN 1985.

>>MAYOR WATSON: ANY QUESTIONS BY COUNCIL?

>> I FORGOT TO MENTION THIS, BUT THERE ARE SERVICE PLANS FOR ALL THREE AREAS AT THE TABLE OVER ON MY LEFT. THE LONG WHITE TABLE IN FRONT OF ME. THERE'S A FISCAL ANALYSIS FOR HOMEOWNERS THAT'S ALSO AT THAT TABLE IF THERE'S ANYBODY HERE THAT DIDN'T SIGN UP THAT WANTS THE SERVICE PLAN OR THE PLAN.

>>MAYOR WATSON: ANYONE WISHING TO BE HEARD AT THIS PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION FOR WHAT IS KNOWN AS THE ACF TRACT? ANYONE WISHING TORE HEARD? ANYONE WISHING TO BE HEARD? I'LL EXPLAIN INTRAIN A MOTION TO CLOSE THE PUBLIC HEARING? SECONDED BY THE MAYOR PRO TEM. DISCUSSION? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. THE MOTION CARRIES AND THE PUBLIC HEARING IS CLOSED. I WILL NOW GO BACK TO ITEM NUMBER 89, WHICH WE HAVE A MOTION ON THE TABLE WHICH IS TO APPROVE THE PROPOSED MODIFICATION THE URBAN RENEWAL PLAN. LET ME CALL ON MR. HILGERS FOR A REPORT.

>> YES, MAYOR, PAUL HILGERS, DIRECTOR OF NEIGHBORHOOD HOUSING COMMUNITY DEVELOPMENT. IT'S MY UNDERSTANDING THAT AFTER DISCUSSIONS WITH THE FOLKS WHO SPOKE AT THE EARLIER PUBLIC HEARING, THEIR CONCERNS ABOUT BLOCK 12-1 PARTICULARLY, THE HEIGHT LIMITATIONS BEING 35 FEET, THAT THEY ARE COMFORTABLE THAT THE AMENDMENTS TO PROTECT THAT CONCERN AND KEEP THAT HEIGHT LIMIT AT 35 FEET. SO IT'S MY UNDERSTANDING THAT THEY'RE NOW IN SUPPORT OF THIS AMENDMENT.

>>MAYOR WATSON: IS THAT ACCURATE? EVERYBODY IS NODDING AND SAYING YES. ALL RIGHT. THE MOTION IS TO APPROVE. SECONDED. ANYONE DISCUSSION BY COUNCIL? HEARING NONE, ALL THOSE IN FAVOR SAY AYE. OPPOSED SAY NO. MOTION CARRIES. COUNCIL, THE ONLY ITEM THAT WE HAVE NOT DEALT WITH IS ITEM NUMBER ONE. FOR SAME REN REASON I DIDN'T TAKE THAT UP EARLIER. IS THERE A MOTION TO APPROVE ITEM NUMBER ONE. I DON'T THINK I DID THAT. LET'S BE EXTRA CAREFUL.

>> LET'S DO IT AGAIN.

>>MAYOR WATSON: IS THERE A MOTION TO APPROVE. COUNCILMEMBER GRIFFITH MOVES TO APPROVE ITEM NUMBER ONE S THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ -- .

>> MAYOR.

>>WYNN: PLEASE SHOW ME ABSTAINING ON THAT MOTION?

>>MAYOR WATSON: COUNCILMEMBER WYNN WILL BE SHOWN AS ABSTAINING AIL IN FAVOR? OPPOSED SAY NO. IT IS APPROVED WITH COUNCILMEMBER WYNN ABSTAINING AND COUNCILMEMBER THOMAS ABSENT. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE AUSTIN SDOUN, I'LL ENTERTAIN A MOTION TO ADJOURN. MOTION BID MAID BY COUNCILMEMBER GRIFFITH. IS THERE A DISCUSSION? ALL IN FAVOR? THANK YOU VERY.

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