Closed Caption Log, Council Meeting, 04/04/02

Note: Since these log files are derived from the Closed Captions created during the Channel 6 live cablecasts, there are occasional spelling and grammatical errors. These Closed Caption logs are not official records of Council Meetings and cannot be relied on for official purposes. For official records or transcripts, please contact the City Clerk at (512) 974-2210.

MAYOR GARCIA: I'M GOING TO CALL THE MEETING OF THE AUSTIN CITY COUNCIL BACK TO ORDER. WE ARE NOW TO OUR TIME CERTAIN ITEM AT 1:30. AND WE HAVE SEVEN SPEAKERS WHO HAVE SIGNED UP TO SPEAK. I'M GOING TO CALL THEM. IF YOU COULD COME UP. AND SPEAK. YOU CAN EITHER TAKE THE — THIS SPEAKER ON THE NORTH SIDE OR THE ONE ON THE SOUTH SIDE. FIRST ONE IS MR. DICK KALLERMAN, FOLLOWED BY DR. MAE HARION MARION. MR. DICK KALLERMAN. IS DR. MAE HARION MARION IN THE ROOM, IN THE CHAMBERS? DR. MAE HARION MARION? IS SHE IN THE CHAMBERS IF NOT GUS PENA IS AFTER THEM.

THANK YOU, MAYOR AND CITY COUNCIL. I WANT TO TALK TODAY ABOUT THE — ABOUT THE METROPOLITAN MOBILITY PROGRAM. OR METROPOLITAN MOBILITY PROJECT THAT IS MADE UP OF A NUMBER OF TRAILS, SIDEWALKS, BIKE PATHS AND SO FORTH. THAT ARE CRITICAL TO A PROGRAM THAT'S IN PLACE CALLED THE — THE CONGESTION REDUCTION PROGRAM. AND AT THE MOMENT THERE ARE ABOUT 17 OF THESE MOBILITY, METROPOLITAN MOBILITY PROJECTS ON THE BOOKS SCHEDULED FOR THE YEAR 2002. RUNNING ABOUT 2.5 MILLION DOLLARS. WHAT I WANT TO POINT OUT TO YOU, THERE'S BEEN — MANY HAVE BEEN DELAYED, SOME HAVE BEEN SIDETRACKED FOR ONE REASON OR ANOTHER. SOME HAVE NOT HAD DETAILS PUT ON WHEN THEY WILL BE IMPLEMENTED THIS YEAR. IT'S AN ISSUE THAT'S GOTTEN A FAIRLY WIDE — AN AIRING AT THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION. THE — THERE ARE FEDERAL FUNDS INVOLVED HERE. AND THAT MEANS THAT IT'S NOT JUST THE CITY'S PROJECTS TO GET THESE DONE, BUT TEXAS DEPARTMENT OF TRANSPORTATION IS ALSO PART OF IT. SO ANY TIME THAT YOU HAVE TWO BIG ORGANIZATIONS LIKE THAT, THE CITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION, THERE'S GOING TO BE SOME PROBLEMS IN COMMUNICATION AND IN — AND IN — IN SHARING THE — THE RESPONSIBILITIES AND SO FORTH. AND NEITHER THE CITY NOR TEXDOT ARE VERY HAPPY WITH THE WAY THE OTHER ONE IS — IS OPERATING. LET ME JUST MENTION ONE PROJECT. IT'S NOT A BIG ONE, IT'S $132,000. IT'S SIDEWALKS FOR WEST MARY BETWEEN SOUTH LAMAR AND SOUTH FIFTH STREET. THAT — THERE ARE NO WAYS TO GET FROM SOUTH LAMAR TO THE NEIGHBORHOODS BETWEEN — BETWEEN BARTON SPRINGS ROAD AND OLTORF. THAT'S ABOUT TWO MILES. SO THIS PROJECT, JUST ABOUT SIX BLOCKS WORTH OF SIDEWALK IS — EAST AND WEST OF THE CITY, IT'S CRITICAL. THERE WAS A PROJECT AGREEMENT ON THAT BACK IN MAY 1999, IT WAS PUT ON THE TIP IN 2000, HERE IT IS ALMOST MAY 2002, THREE YEARS LATER, THAT STILL IS NOT BUILT. THE — THESE PROBLEMS ARE NOT ANY SECRET. THE — TRANSPORTATION, PLANNING AND SUSTAINABILITY DIVISION HAS ACTION PLANS PUT IN PLACE TO CORRECT IT. HOPEFULLY IT WILL BE, THESE WILL BE MOVED ALONG, BUT I WANTED TO BRING THESE TO YOUR ATTENTION. I KNOW THAT YOU NEED ONE MORE THING ON YOUR PLATO KEEP AN EYE ON. — ON YOUR PLATE TO KEEP AN EYE ON BECAUSE THINGS ARE RUNNING THIN. BUT ANYWAY THE METROPOLITAN MOBILITY PROGRAM IS CRUCIAL AND WE WOULD LIKE TO SEE ALL 17 OF THOSE TRAILS, BIKE PATHS AND SIDEWALK PROJECTS [BUZZER SOUNDING] COMPLETED THIS CAREER, 2002. THANK YOU VERY MUCH

MAYOR GARCIA: THANK YOU, MR. KALLERMAN.

IS DR. MAE HARION MARION IN THE CHAMBERS? IF NOT, MR. GUS PENA. MR. PENA IN THE CHAMBERS? JENNIFER GALE? IS ENGINE FELL GALE IN THE CHAMBERS? PRARS FEF MR. M.L. SLOAN — MR.M.L. SLOAN. MR. SLOAN WELCOME, SIR.

THANK YOU, MR. MAYOR. CAN YOU AND YOU WILL SEE THAT FROM HERE? SORT OF? HOPEFULLY. MAYOR GARCIA, MEMBERS OF THE AUSTIN CITY COUNCIL, I WANTED TO BRIEFLY ACQUAINT YOU WITH SOME OF THE FEATURES OF THE AQUIFERS THAT FEED OUR SPRINGS AND WETLANDS IN OUR NEIGHBORHOOD. THIS IS BEST DEMONSTRATED BY LOOKING AT THIS GEOLOGIC MAP WHICH I CAN'T SEE. THERE'S LAKE TRAVIS, YOU CAN SEE THE COLORADO RIVER, GOING DOWN THROUGH HERE. DOWNTOWN AREA OF AUSTIN —

MAYOR GARCIA: IF YOU COULD GET THIS MIC THAT'S OVER HERE

OH, OKAY. IF YOU CAN GIVE HIM ABOUT 15 MORE SECONDS, WE ARE AT ABOUT 2:35.

APPRECIATE IT. DOWNTOWN AREA, COLORADO RIVER, BARTON SPRINGS IN THIS AREA. WHAT'S INTERESTING IS OUR SPRINGS ARE FED BY A VERY LARGE BED OF SAND AND GRAVELS, KNOWN AS THE ST. ELMO BENCH. SHOWN ON THIS GEOLOGIC MAP AS THIS VERY LARGE ORANGE DEPOSIT RIGHT HERE. INTERESTINGLY ENOUGH, THIS GEOLOGIC FEATURE WAS LAID DOWN BY BARTON CREEK SOME MILLIONS OF YEARS AGO. WHEN IT FLOWED NOT AS IT CURRENTLY DOES, BUT FLOWED ACROSS WHAT IS ESSENTIALLY NOW SOUTH AUSTIN. NOW THE FACT THAT THIS AQUIFER, ST. ELMO BENCH FEEDS THESE SPRINGS AND CREEKS IN OUR NEIGHBORHOODS IS NOT SURPRISING. BUT WHAT IS SURPRISING IS THE FACT THAT IT IS — FEEDS AND HEAD WATERS MOST OF THE CREEKS IN SOUTH AUSTIN. I PUT SOME BLUE DOTS ON HERE TO INDICATE SPRINGS AND CREEKS THAT I HAVE BEEN ABLE TO DETERMINE. THIS AQUIFER FEEDS NOT ONLY THE SPRINGS IN OUR NEIGHBORHOOD, WHICH FORM THE McKINNEY BRANCH OF WILLIAMSON, BUT SPRINGS OVER HERE THAT FEED DIRECTLY UNDER WILLIAMSON CREEK. CARSON CREEK FED BY THESE SPRINGS, COUNTRY CLUB CREEK UP HERE. BLUNN CREEK, EAST — EAST BOULDIN CREEK AND WEST BOULDIN CREEK. THIS — THIS IS A MASSIVE AQUIFER THAT FEEDS LOTS AND LOTS OF SPRINGS AND HEADQUARTERS AND CREEKS IN OUR NEIGHBORHOOD. TWO WEEKS AGO MAYOR PRO TEM GOODMAN ASKED TWO VERY PERTDNENT QUESTIONS DEALING WITH FIRST THE BASE FLOWS FOR THESE — FOR THIS AQUIFER, SECOND WAS A QUESTION OF WHAT ARE THE RECHARGE ZONES FOR THE AQUIFER. THE BASE FLOWS I CAN ONLY ANSWER FOR OUR LITTLE PARTICULAR SMALL NEIGHBORHOOD, I KNOW OUR SPRINGS FLOW AT BETWEEN 100 AND 200 GALLONS PER MINUTE FEEDING INTO THE CREEKS. PROBABLY SOME MULTI HUNDREDS TO THOUSANDS OF GALLONS PER MINUTE FOR THE ENTIRE AQUIFER. AS TO RECHARGE, THERE ARE TWO POSSIBILITIES. ONE IS RAINFALL, OF COURSE, FALLING DIRECTLY ON THIS AQUIFER WOULD RECHARGE............... WOULD REIT. BUT THERE'S — RECHARGE IT. I HAVE LIVED OUT THERE IN 27 YEARS, EVEN IN TIMES OF DROUGHT THE BASE FLOWS ARE FAIRLY CONSTANT. IF IT WAS JUST RAINFALL YOU WOULD SEE SOME FLUCTUATION IN BASE FLOWS IN THE SPRINGS. WE COME NOT SEE THEM. WHAT I THINK IS HAPPENING IS THE FACT THAT THERE'S FALL ZONE RELATED SPRINGS THAT ARE RECHARGING THE AQUIFER IN THE WEST. THIS IS SUPPORTED BY THE PHYSICIAN GRIEVE OF THE —...... THE —PHYSIGOGRAPHY OF THE REGION. [BUZZER SOUNDING] WHERE THE SAINT I WILL MOW OVERLAYS IN THIS REGION, THERE IS IN FACT RECHARGE GOING INTO THE AQUIFER. LET ME SAY IN CLOSING, THIS AQUIFER IS A CRITICAL ENVIRONMENTAL FEATURE OF THE SOUTH AUSTIN AREA. FEEDS MANY OF THE CREEKS AND SPRINGS. NOWBL VISITED OUR AREA, HE SAID IT WAS VERY NICE TO SEE WEST AUSTIN DIDN'T HAVE A MONOPOLY ON BEAUTIFUL CREEKS AND WATERWAYS DESERVING THE STAY WITH US PROTECTION. HE WOULD URGE THE — WE WOULD URGE THE CITY TO GIVE US SOME PROTECTION BEFORE IT'S IRRETRIEVABLY DAMAGED OR DESTROYED. THANK YOU VERY MUCH

THANK YOU, MR. SLOAN. MR. JACK HOWISON. WHILE HE'S COMING UP, IF DR. MAE HARION MARION IS HERE, I WILL BE CALLING YOU UP AND MR. GUS PENA AND MS. JENNIFER GALE WILL — ALL THREE OF THEM WILL FOLLOW MR. HOWISON IF THEY ARE HERE WHEN WE CALL THEM

THANK YOU, MR. MAYOR AND COUNCILMEMBERS, MY NAME IS JACK HOWISON, MY WIFE AND I ARE 27 YEAR RESIDENTS OF THE KENSINGTON PARK NEIGHBORHOOD IN SOUTHEAST AUSTIN. TODAY I WOULD LIKE TO THANK YOU AND THE REST OF THE COUNCIL AND THE CITY STAFF FOR THE MANY HUNDREDS OF HOURS OF CONSIDERATION YOU HAVE GIVEN TO THE VARIOUS ASPECTS OF THE CONFLICT BETWEEN THE COMMUNITY AND THE DEVELOPERS OF THE PARKER SPRINGS CONDOMINIUMS. KING FISHER CREEK LIMITED. I WOULD LIKE, HOWEVER, TO POINT OUT A MISSING OPPORTUNITY. A MISSING OPPORTUNITY. WHEN THE DEVELOPER CAME TO THE NEIGHBORHOOD IT WAS ALREADY LOCKED INTO AN AGREEMENT WITH TDHCA TO BUILD A FIXED NUMBER OF UNITS. IF THE STATE REQUIRED THE DEVELOPER TO CONTACT THE NEIGHBORHOOD IN AN EFFECTIVE MANNER BEFORE THE NUMBER OF UNITS TO BE BUILT IS LOCKED IN, MUCH OF THE TIME SPENT ON THIS CASE MIGHT HAVE BEEN SAVED. OUR NEIGHBORHOOD HAS A GOOD TRACK RECORD OF NEGOTIATING WITH DEVELOPERS. SINCE DENSITY HAS BEEN MY ISSUE, IT WAS TOO LATE WHEN THIS DEVELOPMENT DID SURFACE. YES, I UNDERSTAND THAT THE STATE REQUIRES THE STATE REPRESENTATIVE AND THE MAYOR OF THE CITY IN WHICH THE PROJECT IS PROPOSED TO BE NOTIFIED AND THAT A PUBLIC NOTICE IN THE LOCAL PAPER BE POSTED. I'M CONFIDENT THIS WAS DONE. I AM ALSO CONFIDENT THESE MEASURES ARE FUNCTIONALLY INEFFECTIVE. HAD THE DEVELOPER ACTUALLY CONTACTED THE NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION, BEFORE THE DENSITY WAS SET, MUCH CONTENTION MIGHT HAVE BEEN AVOIDED. PLEASE RECOGNIZE THIS MISSED OPPORTUNITY AND REQUIRE THE EFFECTIVE NOTIFICATION IN TDHCA PROJECTS LIKE KING FISHER, THANK YOU.

MAYOR GARCIA: THANK YOU, MR. HOWISON.

MAYOR GARCIA: IS DR. MAE HARION MARION, THIS IS THE LAST TIME THAT I WILL CALL THESE NAMES OR MR. GUS PENA, MS. JENNIFER GALE. ARE THEY IN THE CHAMBERS? ALL RIGHT. MR. ROLANDO PINA. MR. ROLANDO PINA. THERE YOU ARE. DIDN'T SEE THE HAT, I DON'T KNOW WHETHER YOU WERE HERE.

GOOD AFTERNOON CITY COUNCIL MEMBER, CITY MANAGER TOBY FUTRELL AND MAYOR GARCIA. THANK FOR YOU LETTING ME SPEAK, I WILL TRY TO BE FAST. I HAVE TWO ANNOUNCEMENT. THE FIRST ONE IS TO ANNOUNCE AND REQUEST THAT WE NEED TRAFFIC CALMING AT GARDEN VILLA LANE IN OUR NEIGHBORHOOD. I AM PRESIDENT OF GALINDO ELEMENTARY NEIGHBORHOOD ASSOCIATION, THAT IS A SMALL STREET, WE WILL SOON HAVE 20 HOUSES TO BE BUILT THERE, WE WILL HAVE ONE ENTRANCE GOOD INTO THOSE HOUSES FROM GARDEN VILLA LANE. SECONDLY I WANT TO ANNOUNCE A PUBLIC WORKS INVITATION TO OUR NEIGHBORHOOD ASSOCIATION. THIS IS A LETTER DATED TODAY OF — PREPARED BY THE PUBLIC WORKS INFORMATION OFFICE AND THANK YOU, JULIE STRONG, THEY HAVE BEEN VERY — VERY HELPFUL TO — TO PUT THE WORD OUT. IT SAYS, DEAR GALLON LINDH DOUGH ELEMENTARY NEIGHBORHOOD ASSOCIATION RESIDENTS, WE WILL RECONSTRUCT SOUTH FIRST STREET OF BEN WHITE AND BARTON SPRINGS ROAD BEGINNING THIS SUMMER. WE WOULD LIKE TO INVITE TO YOU A MEETING TO DISCUSS THE PROJECT AND TO ANSWER QUESTIONS. THE MEETING WILL BE HELD AT 7:00 P.M., THURSDAY, APRIL 11TH AT THE SALVATION ARMY COMMUNITY CENTER AT 1001 CUMBERLAND, THE CORNER OF SOUTH FIFTH AND CUMBER........... CUMBERLAND. WE HOPE NEIGHBORS CAN JOIN US. FOR THOSE WHO WILL NOT BE ABLE TO ATTEND THE MEETING AS WELL AS FOR THOSE WHO WILL. HERE IS WHAT WILL HAPPEN DURING THE PROJECT. THE SOUTH FIRST STREET RECONSTRUCTION AND UTILITY ADJUSTMENT PROJECT IS CURRENTLY ESTIMATED TO BEGIN CONSTRUCTION IN MID TO LATE SUMMER. THE PROJECT WILL BE CONSTRUCTED IN FIVE PHASES AND ITS EXPECTED TO TAKE ABOUT 18 MONTHS. DURING THE WORK TWO WAY TRAFFIC ON SOUTH FIRST STREET WILL BE MAINTAINED AT ALL TIMES WITH ONE LANE IN EACH DIRECTION. DRIVEWAY ACCESS WILL BE MAINTAINED AT ALL TIMES. MAIL DELIVERY WILL NOT BE AFFECTED. I WILL LOOK FORWARD TO MEETING YOU AND — AND ANSWERING ANY QUESTIONS FROM CITY STAFF, PLEASE — ON APRIL 11TH. THE NUMBER TO CALL FOR INFORMATION IS 974-7089. SINCERELY RICK COLBRUN PROJECT MANAGER, PROJECT WORKS DEPARTMENT. AGAIN, THIS MEETING WILL BE FOR THE PUBLIC AT 7:00 P.M., THURSDAY, APRIL 11TH AT THE SALVATION ARMY FROM 7:00 P.M. TO 8:00 P.M. WE LOOK FORWARD TO FINDING OUT WHAT'S GOING TO GO ON ON SOUTH FIRST STREET. THANK YOU.

MAYOR GARCIA: THOSE ARE ALL OF THE CITIZENS SIGNED UP UNDER CITIZENS COMMUNICATION GENERAL. FOR THE RECORD LET ME SAY THAT DR. MAE HARION MARION WAS NOT HERE, SHE INDICATED THAT SHE WAS A CANDIDATE FOR THE SILVER HAIRED LEGISLATURE. WHICH I PROBABLY SHOULD THINK ABOUT DOING THAT MYSELF. [ LAUGHTER ]. AND MR. GUS PENA, JUST WROTE OPEN. JENNIFER GALE, SAID KEN MARTIN IN THE GOOD LIFE WRITES CLEAN CAMPAIGN PROPONENTS SAY EXPERIENCE IN OTHER JURISDICTIONS FOR PUBLIC CAMPAIGN FINANCING INDICATES FRINGE CANDIDATES RARELY QUALIFY FOR PUBLIC FUNDING. THIS INITIATIVE DISCRIMINATES, AUSTIN CITY CLERK SHIRLEY BROWN FAILED TO FOLLOW MUNICIPAL TERM LIMITS LAWS FOR VERIFICATION AMOUNT. THOSE ARE THE COMMENTS ON THE PRINTED AGENDA. I WILL NOW READ INTO THE RECORD THE CHANGES AND CORRECTIONS. ITEM NO. 20, APPROVE RESOLUTION AUTHORIZING AN AMENDMENT TO THE LEGAL SERVICES CONTRACT WITH GEORGE AND DONALDSON FOR REPRESENTATIVE IN CAUSE NUMBER 97-08-030, POSTPONED UNTIL APRIL THE 11TH. ITEM NOS. Z-4, THE APPLICANT BRUCE AND SHERRI HYDE AND WAYNE WRIGHT AND JESSE REVELY, THOSE HAVE BEEN ADDED. THE TIME CERTAINS ARE 4:00 P.M., ZONING; ITEMS Z-1 THROUGH Z-10. 5:30 IS LIVE MUSIC AND PROCLAMATIONS. THEN 6:00 P.M. WE HAVE PUBLIC HEARINGS. COUNCIL, WE HAVE ON ITEM NO. 13, WE HAVE HAD 25 PEOPLE SIGN UP TO SPEAK — 24 PEOPLE SIGN UP TO SPEAK. I'M JUST DOING THIS TO GET A — GET A SENSE FROM YOU. CITY ATTORNEY, IF YOU COULD EXPLAIN THE ISSUES AND THE SITUATION WHERE WE ALREADY HAVE CLOSED THE PUBLIC HEARING AND WHAT OPTIONS THE COUNCIL HAS IN SITUATIONS LIKE THIS.

ANY MEMBER OF THE PUBLIC CAN SIGN UP TO SPEAK ON ANY MATTER ON THE AGENDA, UNLESS COUNCIL WAIVES THE RULES AND CLOSES THE PUBLIC DISCUSSION ON AN ITEM. IT'S MY UNDERSTANDING THERE'S ALREADY BEEN A PUBLIC HEARING ON ITEM NO. 13. SO YOU DO HAVE THE PREROGATIVE OF TAKING A VOTE TO CLOSE FURTHER PUBLIC TESTIMONY.

MAYOR GARCIA: WE ALSO HAVE THE PREROGATIVE OF GIVING THE TWO SIDES ANY — ANY LEEWAY AS IN REGARDS TO THEM TALKING, BECAUSE WE HAVE 24 SPEAKERS THAT WOULD BE WELL OVER AN HOUR IN SPEAKERS — THOUGH SOME OF THEM DID NOT WANT TO SPEAK. DOES THE COUNCIL WANT TO WAIVE THE RIGHT OF INDIVIDUALS TO SPEAK OR DO YOU WANT TO GIVE EACH SIDE, LET'S SAY, 15 MINUTES? HOW DO YOU WANT TO PROCEED ON THIS? EVERYBODY, RECOMMENDATIONS? COUNCILMEMBER ALVAREZ?

ALVAREZ: IS THAT ASSUMING THAT WE ARE GOING TO PULL IT, I SUPPOSE, OR —

MAYOR GARCIA: CORRECT. I THINK — WHAT'S THE RULING WITH — WE HAVE THIS MANY PEOPLE SIGNED UP TO SPEAK, WE HAVE TO PULL IT FOR DISCUSSION?

I THINK IT'S MORE THAN FIVE PEOPLE SIGNED UP, UH-HUH.

MAYOR GARCIA: YES. SO IT'S PULLED FOR DISCUSSION AND THE QUESTION IS THE DISCUSSION COULD BE JUST — PARAGRAPH 2-2-22 OF THE CITY CODE REGARDING CITIZEN PARTICIPATION. SO — SO WE COULD PULL IT FOR DISCUSSION AND DISCUSS IT OURSELVES. PULL IT FOR DISCUSSION AND HAVE EVERYBODY SPEAK. OR PULL IT FOR DISCUSSION AND SAY GIVE — GIVE EACH SIDE 10 OR 15 MINUTES. THOSE ARE I THINK THE OPTIONS THAT WE HAVE. SO — SO I WILL ENTERTAIN A MOTION ON ANY ONE OF THOSE OPTIONS.

ALVAREZ: DOES THAT MEAN THAT WE ARE CALLING THAT ITEM UP OR —

MAYOR GARCIA: WE ARE NOT CALLING IT UP RIGHT NOW. WE ARE GOING TO GO THROUGH THE REGULAR PROCESS, BUT I'M JUST — BECAUSE THERE'S A LOT OF PEOPLE THAT ARE HERE ON THIS PARTICULAR ITEM, I WANTED TO GIVE THEM A SENSE OF HOW THE COUNCIL WANTS TO PROCEED ON THIS

ALVAREZ: I WOULD RECOMMEND, SINCE WE'VE HEARD FROM FOLKS MULTIPLE OCCASIONS, LIKE 10 MINUTES EACH SIDE.

MAYOR GARCIA: OKAY, IS THERE A SECOND TO THAT MOTION?

WYNN: SECOND.

MAYOR GARCIA: THE MOTION, I WILL READ THE NAMES OF ALL OF YOU THAT ARE SIGNED UP SO YOU CAN GET READY. WE ARE NOT CALLING THIS ITEM UP FOR DISCUSSION RIGHT NOW. BUT THE MOTION IS TO GIVE EACH SIDE 10 MINUTES TO MAKE THEIR PRESENTATION. I WILL READ INTO THE RECORD THE PEOPLE WHO HAVE SIGNED. MR. WILL BOZEMAN, AGAINST. MONEFA PRINCE, AGAINST. MIKE McHONE FOR, LINDA MOORE AGAINST. SA PRINGLE AGAINST, MATT HAMMOND FOR, ALEX ROSEN, AGAINST. RAYMOND TUCKER, AGAINST. RICE JACKSON AGAINST. MARY GAY MAXWELL, AGAINST. LORRAINE BALL, AGAINST. MARGARET STARK, AGAINST. RICHARD SUBTLE,. — RICHARD SUTTLE, FOR. BOB KAYLOR AGAINST. PAM BELL HARRIS — MORRIS, I'M SORRY, AGAINST, RICK IVERSON AGAINST, RICHARD RAWLINGS AGAINST — I MEAN ROCHELLE RAWLINS AGAINST. SORRY. JERRY ROEMISCH AGAINST, TISH WILLIAMS AGAINST. LOUISE CRAWFORD AGAINST, JAMES [INAUDIBLE] AGAINST. CHRIS ALLEN AGAINST. CYNTHIA KEAVER AGAINST, AND JACK KEAVER AGAINST. SO THE MOTION IS TO ALLOW EACH SIDE 10 MINUTES TO MAKE THEIR CASE, YOU CAN SELECT WHO YOU WANT TO SPEAK FOR THOSE 10 MINUTES OR YOU CAN HAVE MORE THAN ONE SPEAKER. THERE'S A MOTION AND A SECOND. FURTHER DISCUSSION? ALL IN FAVOR?

AYE

OPPOSED NO? MOTION CARRIES WITH COUNCILMEMBER SLUSHER TEMPORARILY OFF THE DAIS. OKAY. WHERE'S COUNCILMEMBER SLUSHER? DO YOU KNOW? HE HAD ANNOUNCEMENT THAT HE WANTED TO MAKE IN — ON THIS NEXT ITEM THAT WE ARE GOING TO BE TAKING UP. THE NEXT ITEM IS A PREVIEW OF ITEMS FOR THE NEXT COUNCIL MEETING. I'M GOING TO ANNOUNCE FIRST THAT I WILL HAVE — THE NEXT COUNCIL MEETING A — AN ITEM TO WAIVE CERTAIN REQUIREMENTS OF THE STREET CLOSURE ORDINANCE FOR THE TEXAS BIKER RALLY SCHEDULED FOR MAY THE 31ST. AND THAT WILL BE — NEXT — NEXT WEEK'S AGENDA. ANY OTHER ITEMS THAT YOU ALL WANT TO ANNOUNCE AT THIS TIME? COUNCILMEMBER SLUSHER HAS ANNOUNCEMENT THAT HE WANTS TO MAKE. WE WILL WAIT, HE'S JUST ABOUT HERE. COUNCILMEMBER SLUSHER?

SLUSHER: SORRY, MAYOR, I HAD TO BE OFF THE DAIS MOMENTARILY. NEXT — WE ARE UNDER — INTO THE ITEMS FOR NEXT WEEK?

MAYOR GARCIA: YES.

SLUSHER: OKAY. I'M GOING TO POST AN ITEM, I THINK CO-SPONSORED BY YOU, AND OPEN TO ANOTHER CO-SPONSOR TO NAME MS. FUTRELL THE PERMANENT CITY MANAGER EFFECTIVE MAY FIRST, EFFECTIVE THE SAME DATE THAT SHE WAS ORIGINALLY GOING TO BE THE ACTING CITY MANAGER. AND I LOOK FORWARD TO THAT AND HOPE WE GET THE FULL COUNCIL SUPPORT.

MAYOR GARCIA: YOU WILL ALSO HAVE ON THAT THE COMPENSATION PACKAGE, RIGHT?

SLUSHER: THAT'S CORRECT.

MAYOR GARCIA: OKAY. CITY MANAGER, ANYTHING ELSE THAT YOU — THAT YOU —

FUTRELL: I THINK —

MAYOR GARCIA: WANT TO TELL US ABOUT NEXT WEEK.

FUTRELL: WE HAVE A BRIEFING THAT WILL BE OF SOME INTEREST, I THINK BOTH TO COUNCIL AND CERTAIN MEMBERS OF THE COMMUNITY ON THE STREET CUT ORDINANCE THAT WE HAVE BEEN WORKING ON FOR SOME TIME. SO THERE WILL BE A FULL BRIEFING AT OUR NEXT COUNCIL MEETING ON THAT ITEM. IN ADDITION TO THAT, THE COMBINED SYSTEM MAP, THE 8-2-1 MAP IS COMING BACK FOR PUBLIC HEARINGS AND ACTION NEXT WEEK.

MAYOR GARCIA: THE FIRST ONE ARE YOU GOING TO HAVE AS PART OF THE COUNCIL MEETING OR WORK SESSION

FUTRELL: WE ACTUALLY HAVE IT POSTED FOR BOTH, COUNCIL MEETING AND WORK SESSION WITH ACTION POSTED FOR THURSDAY ON HOW YOU WANT TO PROCEED

MAYOR GARCIA: FURTHER ANNOUNCEMENTS BY COUNCILMEMBERS FOR ITEMS ON NEXT COUNCIL MEETING?

GOODMAN: YES, MAYOR. WHEN WE FIRST STARTED NEIGHBORHOOD PLANNING, THERE WERE TWO WAYS FOR A NEIGHBORHOOD TO BE INTRODUCED INTO THAT. ONE WAS WITH FULL STAFF SUPPORT AND MENTORING. ONE WAS THE WORK BOOK METHOD. WE HAVE A — WE HAVEN'T REALLY HEARD ABOUT THE WORK BOOK METHOD. ONCE WE COME TOGETHER WITH THE CRITERIA FOR DESCRIBING THAT, WHICH SHOULD NOT TAKE US, I WOULD THINK, LONGER THAN NEXT WEEK, WE WILL BE INTRODUCING AN ITEM TO BEGIN THE SELF INITIATED PLANNING PROCESS FOR THE NEIGHBORHOODS SURROUNDING THE VILLAS OF GUADALUPE.

MAYOR GARCIA: OKAY. THE NEXT ITEM ON THE AGENDA IS THE READING OF THE CONSENT AGENDA. ITEM 13 IS NOT PART OF THE CONSENT AGENDA.

RIGHT.

CLERK BROWN: OKAY. ITEMS PULLED ARE —

ITEMS PULLED ARE NUMBER 25 BY MAYOR GARCIA, ITEM NO. 32 BY MAYOR GAS I CAN'T AND COUNCILMEMBER SLUSHER AND WYNN, ITEM 46 BY COUNCILMEMBER ALVAREZ.

MAYOR GARCIA: IF YOU COULD READ THE ONES THAT ARE ON CONSENT

OKAY. CONSENT CONSISTS OF ITEM 14, 15, 16, 17, 18, 19, —

MAYOR GARCIA: 19, COUNCILMEMBER WYNN, DID YOU HAVE A — HAD YOU SUBMITTED A REQUEST TO PULL THIS ITEM?

WYNN: NO, SIR.

MAYOR GARCIA: SO 19 IS ON CONSENT.

20

MAYOR GARCIA: 20 IS NOT — IT'S FOR CONSENT TO POSTPONE. CONSENT TO POSTPONE UNTIL APRIL 11TH

21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, WHICH ARE BOARDS AND COMMISSIONS, I WOULD LIKE TO READ THE LIST INTO THE RECORD. BOARDS AND COMMISSIONS, ANIMAL ADVISORY BOARD, MICHAEL McDONALD, OFFICIAL SHELTER REPRESENTATIVE, APPOINTMENT CONSENSUS. BOND OVERSIGHT COMMISSION, JEAN LEE, WATER AND WASTEWATER COMMISSION APPOINTEE, APPOINTMENT CONSENSUS. CITY OF AUSTIN FOR WOMEN, VALERIE MALONE, APPOINTMENT, MAYOR PRO TEM GOODMAN. COMMUNITY DEVELOPMENT COMMISSION, IVAN JAVIER NAFAHEJO APPOINTMENT, COUNCILMEMBER ALVAREZ. AND RESOURCE MANAGEMENT COMMISSION, GRACE [INAUDIBLE], APPOINTMENT, COUNCILMEMBER SLUSHER. THE OTHER ITEMS ON CONSENT ARE 44, 45 AND 47.

WYNN: MAYOR —

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: I NEED TO POSTPONE — STAFF HAS INFORMED ME THAT I NEED TO POSTPONE ITEM NO. 45 INDEFINITELY, ESSENTIALLY WE ARE TOLD THAT THIS NEEDS TO BE A — A — PERHAPS A PLANNING COMMISSION AND/OR BOARD OF ADJUSTMENT REASON YEW PRIOR TO COMING TO COUNCIL. I'M SORRY I HAVEN'T SPOKEN TO MY CO-SPONSOR ABOUT THIS. WE NEED TO POSTPONE THIS INDEFINITELY

MAYOR GARCIA: IT WILL BE ON CONSENT FOR POSTPONEMENT CONTINUE INDEFINITELY.

THANK YOU.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: IS 46 PULLED OR IS THAT —

MAYOR GARCIA: YEAH, 46 WAS PULLED BY YOU.

ALVAREZ: OKAY. I WILL GO AHEAD AND PUT THAT BACK ON.

MAYOR GARCIA: OKAY. 46, WHICH WE ANNOUNCED PREVIOUSLY WAS PULLED BY COUNCILMEMBER ALVAREZ IS NOW BACK ON CONSENT.

MR. MAYOR, I ALSO HAVE A CHANGE ON THAT ITEM, IT CHANGING THE ADDRESS FROM 5902 MANOR ROAD TO 4605 MANOR ROAD.

MAYOR GARCIA: 4605 MANOR ROAD. SO IT SAYS LOCATED AT 4605 MANOR ROAD. COUNCIL, YOU HAVE AN ORDINANCE THAT OUTLINES ALL OF THE FEES THAT ARE CONTEMPT.............EMPLATED ON THIS ITEM. FOR THOSE OF YOU THAT ARE NEW TO THIS PROCESS, THE COUNCIL AT THIS TIME CONSIDERS THOSE ITEMS ON WHICH THEY HAVE GOT ALL OF THEIR QUESTIONS ANSWERED. AND — AND WE CONSIDER ALL IN ONE MOTION. HOWEVER, BEFORE WE DO THAT, WE HAVE CITIZEN COMMUNICATION ON THE CONSENT AGENDA. I DON'T HAVE ANYBODY SIGNED UP TO SPEAK ON THE CONSENT AGENDA. I WILL LOOK ONE MORE TIME. FOR THOSE OF YOU THAT ARE HERE FOR ITEM NO. 32, ON — [INAUDIBLE] BEFORE WE GO INTO EXECUTIVE SESSION. [ PHONE RINGING ] SO ITEM NO. 46, MR. EDDIE HURST, IS HE HERE? EDDIE HURST? YOU ARE SIGNED UP FOR AND NOW THIS ITEM IS ON CONSENT. SO —

I WOULD LIKE TO SAY THANK YOU TO YOU, MAYOR, AND COUNCILMEMBERS FOR YOUR HARD WORK.

MAYOR GARCIA: OKAY.

HAVE A GOOD DAY. REV...

THOMAS: MAYOR?

MAYOR GARCIA: DO WE HAVE SIGN-UPS? WHERE ARE THEY? OH, THERE THEY ARE. OKAY. COUNCILMEMBER THOMAS?

THOMAS: YES, THANK YOU. I JUST WANT TO SAY TO ABUNDANT LIFE, WE — WE THANK YOU FOR THE HARD WORK THAT YOU HAVE DONE IN EAST AUSTIN IN THE NEW LOCATION THAT YOU ARE GOING TO BE IN THAT WILL PROVIDE CHILD CARE AND ALSO WEEKLY FEEDING OF THE HOMELESS IN AN AREA THAT REALLY NEEDS IT. SPECIALLY FOR THE CHILD CARE AND OTHER PROGRAMS THAT WILL BE PROVIDED THAT THE PARTICULAR LOCATION. THANK YOU VERY MUCH.

MAYOR GARCIA: ON ITEM NO. 14, WHICH IS ALSO A CONSENT ITEM, I HAVE VIVIAN CAPUTO SIGNED UP TO SPEAK, IS SHE HERE?

YES, SIR.

I WILL CALL YOU UP AT THIS TIME

GOOD AFTERNOON, I'M HERE TO SPEAK ON ITEM NO. 14 TODAY. WHICH IS APPROVE A RESOLUTION AUTHORIZING A LEASE WITH TEXAS MILITARY FACILITIES COMMISSION. I WOULD LIKE TO KNOW WHAT THIS HAS TO DO OR HOW DOES IT FIT WITH AN ITEM THAT WAS IN THE PAPER, A POSTING, IT WAS A PUBLIC NOTICE FROM THE ADJUNCT GENERAL'S DEPARTMENT OF TEXAS IN COOPERATION WITH THE NATIONAL GUARD BUREAU. THEY COMPLETED A DRAFT D.A. THERE WAS A PROPOSAL TO CONSTRUCT AND CREATE A NEW OPERATION OF A NEW TEXAS ARMY NATIONAL GUARD, AUSTIN ARMY AVIATION SUPPORT FACILITY ORGANIZATION AND MAINTENANCE SHOP AND JOINT RESERVE FORCES CENTER AT AUSTIN-BERGSTROM. YOU CAN GO TO CAMP MABRY AND READ THE E.A., BUT CAMP MABRY HAS BARBED WIRE AROUND IT, IT HAS BEEN SHUT DOWN FOR A WHILE. YOU COULD GET AHOLD OF IT AT A COUPLE OF LIBRARIES, BUT I HAD TROUBLE GETTING AHOLD OF IT. I'M AFRAID THAT IF THERE'S SOME NEW THING SET UP AT AUSTIN-BERGSTROM THAT WOULD MAKE IT POSSIBLE TO CLOSE DOWN CAMP MABRY I DON'T THINK THAT'S SOMETHING THAT SHOULD HAPPEN. IF THERE IS GOING TO BE A NEW SUPPORT FACILITY OUT THERE, SOMETHING LIKE KELLY AIR FORCE BASE THEY WHERE THEY DO FLYING OF C-4 1 TRANSPORT PLANES, CIRCLING, TRANSPORTING, PRACTICING LANDING AND TAKING OFF ALL DAY LONG ON THE WEEKENDS, I THINK THE PUBLIC NEEDS TO KNOW MORE ABOUT IT. HAVE MORE PUBLIC INPUT ON THAT ISSUE. SO I DON'T KNOW IF THESE TWO ARE CONNECTED OR NOT. BUT SINCE IT WAS ON THE CONSENT AGENDA, I'M BRINGING THAT TO YOUR ATTENTION. THANK YOU.

THANK YOU VERY MUCH, CITY MANAGER.

I SEE CHARLES OUT IN THE AUDIENCE, CHARLES, CAN YOU ADDRESS THESE TWO ISSUES?

GOOD AFTERNOON MAYOR AND COUNCIL. THAT IS THE — THE SAME FACILITY THAT — THAT SHE SAW THE NOTICE FOR, IT IS DEVELOPMENT FOR — FOR ARMY NATIONAL GUARD FACILITIES, BUT IT'S PRIMARILY FOR HELICOPTER OPERATIONS, RESERVE UNITS. IF THERE WILL BE ANY FLYING ACTIVITIES RELATED TO C-17'S OR ANYTHING LIKE THAT, THAT'S FROM THE AIR FORCE AND THAT CAN HAPPEN WHETHER THE GUARD IS THERE OR NOT.

MAYOR GARCIA: FURTHER COMMENT? OKAY. THAT'S ALL OF THE SPEAKERS ON THE CONSENT AGENDA. GOING BACK AND — AND GOING THROUGH THE CONSENT AGENDA ONE MORE TIME, IT'S ITEM NO. 14, 15, 16, 17, 18, 19, 20, FOR POSTPONEMENT TO APRIL THE 11TH, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 WITH THE APPOINTMENTS THAT WERE READ INTO THE RECORD BY THE CITY CLERK, 44, 45, CONSENT FOR POSTPONEMENT INDEFINITELY, 46, AND 47. SOME PEOPLE HAVE SIGNED UP TO SPEAK ON ITEMS 48 AND 49, THOSE ARE PUBLIC HEARINGS AND THOSE ARE — THOSE ARE TO BE TAKEN UP LATER. IS THERE A MOTION ON THE CONSENT AGENDA?

..

THOMAS: SO MOVE, MAYOR

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY — I WILL SECOND THAT. ALL IN FAVOR, SIGNIFY BY SAYING AYE. — FURTHER DISCUSSION?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: JUST BRIEFLY. ITEM NO. 21 IS — IS GIVING OUR CITY MANAGER THE — THE AUTHORITY, TO HAVE SOME RESOURCES TO CONTINUE THE DISCUSSIONS ON THE STRATUS PROPERTY, CIRCLE C PARCELS. WE HAVE GOT A NUMBER OF E-MAILS THIS WEEK FROM — FROM PRIMARILY CIRCLE C RESIDENTS IN REGARDS TO THE SPECIFIC BEAR LAKE P.U.D. APPROVAL, A SEPARATE CASE HAS BEEN COMING BEFORE COUNCIL NOW FOR QUITE SOME TIME. MANY OF THE COMMENTS FROM THE CIRCLE C RESIDENTS WERE THAT THEY WOULD PREFER THAT — THAT THAT CASE BE THOUGHT OF IN THE LARGER SCALE OF ALL OF STRATUS' PROPERTIES. BY TAKING THIS ACTION, 21 TODAY, THE COUNCIL WILL BE GIVING THE MANAGER THE AUTHORITY AND SOME RESOURCES AND LEGAL DOLLARS TO DO THAT — THAT VERY THING, TO CONTINUE THOSE — THOSE LARGER SCALE DISCUSSIONS WITH STRATUS ON ALL OF THEIR HOLDINGS. THANK YOU, MAYOR.

THANK YOU COUNCILMEMBER WYNN. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? THE CONSENT AGENDA PASSES ON A VOTE OF 7 TO 0. THE NEXT ITEM IS THE APPROVAL OF THE MINUTES FROM THE SPECIAL CALLED MEETING OF MARCH THE 19TH, 2002. AND THE WORK SESSION OF MARCH 20TH, 2002. AND THE REGULAR MEETING OF MARCH 21ST, 2002. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES? IF NOT I WILL ENTERTAIN A MOTION TO APPROVE?

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. NO? NO, COUNCILMEMBER GRIFFITH WAS STANDING RIGHT THERE. 7 TO 0. THAT MOTION WAS MADE BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER WYNN. OKAY. NOW WE CALL UP ITEM NO. 13, WHICH IS ITEM C14-01-0072, INDIVIDUAL I CAN'T SAY ON PROVE THE THIRD READING — VILLAS ON GUADALUPE, APPROVE THE THIRD READING OF AN ORDINANCE AMENDING CHAPTER 25-2 OF THE AUSTIN CITY CODE AND REZONING OF PROPERTY LOCALLY KNOWN AS 2701 AND 2717 GUADALUPE STREET AND 2804-2816 HEMPHILL PARK, FROM CS GENERAL COMMERCIAL SERVICES DISTRICT, ZONING TO FM-6-CO, MULTI-FAMILY RESIDENTS HIGHEST DENSITY, CONDITIONAL OVERLAY COMBINING DISTRICT WITH CONDITIONS ON TRACT 1 AND CS-MU-CO GENERAL COMMERCIAL SERVICES MIXED USE CONDITIONAL OVERLAY COMBINING DISTRICT, ZONING CONDITIONS ON TRACT 2. WE HAVE HAD FIRST AND SECOND READINGS, I WILL RECOGNIZE MR. GLASGO FOR A PRESENTATION ON THIS PARTICULAR ISSUE, INCLUDING THE SITUATION WITH REGARD TO THE VALID PETITION.

GLASGO: GOOD AFTERNOON, COUNCILMEMBERS. AND MAYOR. I'M ALICE GLASGO, DIRECTOR OF NEIGHBORHOOD PLAQUE AND ZONING DEPARTMENT. ITEM NO. 13, WHICH IS KNOWN AS THE VILLAS AT GUADALUPE REZONING CURRENTLY HAS A PETITION THAT IS NOT VALID. IT IS AT 19.75%. THEREFORE YOUR ACTION WILL REQUIRE A SIMPLE MAJORITY VOTE. THE — THE CASE IN ITSELF HAS NOT CHANGED SINCE YOUR LAST MEETING. THE — WHAT YOU APPROVED ON FIRST READING STILL REMAINS THE SAME WHERE YOU HAD — M.F. 6 WITH A CONDITIONAL OVERLAY FOR TRACT 1. WHICH LIMIT THE HEIGHT TO 60 FEET AND OTHER CONDITIONS AND THEN ON TRACT 2, ZONING WAS CS-MU WITH A CONDITIONAL OVERLAY WHERE YOU HAVE A HEIGHT LIMITATION OF 40 FEET FOR A DEPTH OF 30 FEET ON 29TH STREET AND THEN THE REMAINDER OF THAT TRACT MAINTAINS A 60 FOOT HEIGHT. AND OTHER SEVERAL REQUIREMENTS. THE — THE CASE IN ITSELF IS — WOULD BE READY JUST FOR THIRD READING TODAY, WHICH IS YOUR FINAL READING. AND HAVING SAID THAT, I WILL PAUSE HERE AND RESPOND TO ANY QUESTIONS THAT YOU MIGHT HAVE AFTER YOU HEAR FROM THE SPEAKERS.

MAYOR GARCIA: LET ME JUST SAY THAT IF — IF SOMEONE OF YOU PUT PAPERS OVER HERE IN FRONT OF THE COUNCILMEMBERS, LIKE THIS DOCUMENT, PLEASE INDICATE WHO PROVIDED THIS TO US SO THAT WE KNOW AND WE CAN FILE IT ACCORDINGLY. QUESTIONS FOR MS. GLASGO, ANYBODY?

GLASGO: COUNCIL, MAYOR PRO TEM — I MEAN MAYOR GARCIA I MEANT TO SAY MAYOR. THERE'S AN ADDITIONAL ITEM, THE APPLICANT HAS AGREED TO COMMIT TO SMART HOUSING REQUIREMENTS AT 10% OF THE TOTAL UNITS THAT THEY HAVE. WE HAVE A LETTER FROM NEIGHBORHOOD HOUSING DEPARTMENT ACCEPTING AND ADDRESSING THAT THEY HAVE COMMITTED TO PROVIDE 10% OF THEIR HOUSING TO BE SMART HOUSING

MAYOR GARCIA: AFFORDABLE.

GLASGO: AFFORDABLE HOUSING UNDER THE SMART HOUSING PROGRAM.

MAYOR GARCIA: OKAY. THE AGREEMENT THAT WE HAD WITH REGARD TO CITIZEN INPUT WAS 10 MINUTES FOR EACH SIDE. MS. RAWLINS, HAVE WE DECIDED WHO IS GOING TO SPEAK? IN THE 10 MINUTES?

YES

MAYOR GARCIA: OKAY. CAN YOU ALL SPEAK FROM THIS SIDE OR — OR FROM BOTH SIDES, WHICHEVER. DO YOU WANT TO GO FIRST?

WE WOULD PREFER TO GO SECOND, ACTUALLY, IF WE HAVE A CHOICE.

MAYOR GARCIA: OKAY. THE APPLICANT GOES FIRST. IS THE APPLICANT HERE?

THE APPLICANT IS MIKE MCHONE, HE IS HERE. MY UNDERSTANDING, MAYOR, IS THAT WE WOULD LIKE TO PRESENT ABOUT A 3 MINUTE TESTIMONY AND HOLD THE BALANCE OF OUR TIME FOR REBUTTAL. IF THAT WOULD BE ACCEPTABLE TO THE COUNCIL. THAT IS THE WAY IT'S BEEN DONE IN THE PAST

MAYOR GARCIA: I THINK THAT THAT'S — USUALLY THE APPLICANT GETS FIVE MINUTES AND THEN REBUTTAL FOR THREE MINUTES. BUT SINCE WE ARE NOT FOLLOWING THE RULES OF — OF REGULAR CITIZEN INPUT, IF YOU WANT THREE MINUTES NOW AND SEVEN MINUTE FOR RE— MINUTES FOR REBUTTAL THAT WOULD BE OKAY

THANK YOU, MY NAME IS MIKE MCHONE, I REPRESENT THE VILLAS ON GUADALUPE, LIMITED. WE ARE TRYING TO BUILD A 150 UNIT APARTMENT COMPLEX WITH A ZONING HA-HA BEEN DISCUSSED HERE — THAT HAS BEEN DISCUSSED HERE TODAY ADJACENT TO THE UNIVERSITY OF TEXAS CAMPUS, WE ARE VERY HONORED TODAY TO HAVE WITH US THE OUTGOING PRESIDENT OF THE UNIVERSITY OF TEXAS STUDENT BODY, MR. MATT HAMMOND WHO HAS DEALT WITH THE STUDENT BODY ALL YEAR AND THROUGH SOME VERY TRYING TIMES. HE HAS BROUGHT THIS PROJECT BEFORE THE STUDENT GOVERNMENT AND IT HAS BEEN APPROVED BY THEM. I WOULD LIKE TO YIELD MY REMAINDER OF THIS THREE MINUTES TO HIM. THANK YOU.

THANK YOU, MAYOR GARCIA, COUNCILMEMBERS. LIKE MR. MCHONE SAID, MY NAME IS MATT HAMMOND, THIS IS NOT THE FIRST TIME THAT I HAVE ADDRESSED THE STOWB ON THIS ISSUE. — THE CITY COUNCIL ON THIS ISSUE. I'M HERE TODAY TO REAFFIRM MY BELIEF THAT THIS IS AN ESSENTIAL PART OF WHAT THE CITY NEEDS TO DO FOR THE STUDENTS OF THE UNIVERSITY OF TEXAS AND FOR THE CITY OF AUSTIN. MOVING STUDENTS CLOSER TO THE CAMPUS, WHETHER IT BE TO KEEP THEM SAFER OR WHETHER IT BE SO THEY DON'T HAVE TO DRIVE TO THE UNIVERSITY, THIS PROJECT ACCOMPLISHES THAT AND MUCH MORE. [INAUDIBLE] THE VICE-PRESIDENT OF THE STUDENT BODY WHO ALSO ADAMANTLY SUPPORTS THIS PROJECT WAS NOT ABLE TO COME HERE TODAY, BUT HE HAS COME BEFORE THE COUNCIL ON OTHER OCCASIONS. UM, KATY KING, WHO IS THE PRESIDENT ELECT OF THE STUDENT BODY ALSO PASSIONATELY SUPPORTS THIS TYPE OF PROJECT. SO STUDENTS HAVE — HAVE BEEN COMING TO STUDENT GOVERNMENT FOR A LONG TIME NOW, BUT — THAT WE'VE BEEN DEALING WITH THIS ISSUE AND ASKING WHY STUDENTS CARE SO MUCH ABOUT THIS PROJECT. QUICKLY, THEY REALIZED THAT THEY — STUDENT LEADERS CARE BECAUSE IT DEALS WITH TWO VERY CRITICAL QUESTIONS. ONE WHERE WE LIVE AND, TWO, HOW SAFE ARE WE WHERE WE LIVE? AND THIS PROJECT ADDRESSES THOSE CRITICAL QUESTIONS. AND THEY HAVE REALIZED THAT IT'S IMPORTANT BECAUSE THEY HAVE GROWN TIRED AS WE ALL HAVE OF READING ABOUT OR HEARING ABOUT WHETHER IT BE FIRSTHAND OR IN THE NEWSPAPER OR ON THE RADIO OR TELEVISION OF STUDENTS GETTING ATTACKED, OF IT BEING UNSAFE WHERE STUDENTS LIVE, WHETHER THEY HAVE REALIZED THAT STUDENTS ARE BEING PUSHED DOWN FURTHER AND FURTHER I-35 AWAY FROM THEIR SCHOOL. STUDENTS ARE TIRED OF ALL OF THAT. I'M TIRED AND I'M SADDENED EACH TIME THAT I RECEIVE A PHONE CALL FROM A PARENT WHOSE STUDENT THEY BELIEVE IS NO LONGER SAFE AT THE UNIVERSITY OF TEXAS OR A PARENT WHO WHOSE FRESHMAN HAS TO LIVE DOWN I-35 BECAUSE THERE'S NO ROOM ON OR NEAR CAMPUS FOR THEIR CHILD. AND I THINK THAT'S AN UNFORTUNATE SITUATION THAT THIS PROJECT HELPS REMEDY. WHAT WE HAVE BEFORE US, I FEEL, IS A VERY STRONG OPPORTUNITY TO TAKE WHAT ESSENTIALLY IS AN OLD BLOCK BUSTER PARKING LOT AND MAKING IT A POLICE — [BUZZER SOUNDING]

THAT KEEPS STUDENT SAFER. AND I URGE YOU TO CONTINUE —

MAYOR GARCIA: JUST A MINUTE. YOU CAN GO ON, THE ONLY THING IS THAT YOU ARE TAKING TIME FROM THE —

I UNDERSTAND. SO I WOULD URGE YOU TO SUPPORT THIS PROJECT AND I WOULD URGE YOU TO KEEP IN MIND THE SAFETY OF AUSTIN'S CITIZENS AND STUDENTS. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU.

SLUSHER: MAYOR, I WANTED TO ASK MR. HAMMOND SOME QUESTIONS. LET ME SAY TO MIKE MCHONE, YOU HAVE 6 MINUTES, 53 SECONDS FOR REBUTTAL. COUNCILMEMBER SLUSHER?

SLUSHER: MR. HAMMOND, I THINK YOU SPOKE TO US BEFORE, YOU KNEW SOME KEY STATISTICS OFF THE TOP OF YOUR HEAD. YOU SAID 53,000 STUDENTS AT THE UNIVERSITY

50,618 STUDENTS

SLUSHER: OKAY. PRECISE. AND WHAT ABOUT STAFF?

IT — THIS IS A ROUGH ESTIMATE, BUT I'M GOING TO GUESS 20,000. THAT'S PRETTY CLOSE.

SLUSHER: OKAY. DO YOU HAVE ANY IDEA WHAT THOSE NUMBERS WERE, SAY, A DECADE AGO, TWO DECADES AGO?

I COULDN'T TELL YOU WITH ABSOLUTE CERTAINTY. I WOULD SAY THE STUDENT POPULATION HAS GROWN FROM TWO DECADES AGO, I WOULD SAY IN BETWEEN — I'M GOING TO SAY 35 AND 40,000. AND I HAVE NO IDEA WHAT THE STAFF —

SLUSHER: TWO DECADES AGO THERE WAS BETWEEN 35 AND 40

IT HAS GROWN EXPONENTIALLY IN THIS DECADE, FASTER —

SLUSHER: THAT SOUNDS ACCURATE TO ME. THAT WAS A LITTLE AFTER I LEFT. THAT WAS CLOSE TO WHAT IT WAS THEN. THANK YOU.

THANK YOU VERY MUCH.

MAYOR GARCIA: I CAN TELL YOU HOW MANY STUDENTS WERE THERE WHEN I WAS THERE, 14,000. [ LAUGHTER ]. THAT WAS IN 57 TO '59. I DON'T KNOW HOW MANY STAFF MEMBERS. PROBABLY 5,000.

SLUSHER: I'M GOING TO WORK THAT INTO MY REMARKS LATER.

MAYOR GARCIA: IF YOU COULD INTRODUCE YOURSELF, GIVE US YOUR NAME AND THEN GO FROM THERE

MAYOR AND COUNCIL, I'M BOB KAYLO, A RESIDENT OF NORTH UNIVERSITY NEIGHBORHOOD. AND THE ARCHITECT THAT HAS WORKED WITH THEM FOR ABOUT A QUARTER OF A CENTURY. WE ARE GOING TO SHOW YOU SOME — SOME ITEMS THIS MORNING THAT ARE NEW TO YOU, I DON'T BELIEVE THAT YOU HAVE SEEN. THE THINGS THAT WERE PUT ON YOUR DESK ARE BASICALLY COMPOSITES OF WHAT IS GOING TO BE SHOWN IN THE EXHIBITS. THIS — THESE EXHIBITS WERE DEVELOPED FROM THE DEVELOPER'S OWN PLANS. HE'S NOT SHOWN YOU THIS PROJECT IN CONTEXT. AND I DON'T THINK THAT HE WILL BECAUSE WHEN YOU SEE IT IN CONTEXT, YOU WILL SEE IT AS A BIG BOX, MEGA STRUCTURE THAT WILL NEVER BE COMPATIBLE WITH ITS NEIGHBORS. AND IT REALLY DOESN'T EVEN TRY.

MAYOR GARCIA: IF YOU COULD MOVE AWAY FROM THE MICROPHONE A LITTLE BIT.

CAN YOU STILL HEAR ME?

MAYOR GARCIA: THAT'S FINE.

THE — THE EAST OF HYDE PARK, EAST OF HEMPHILL PARK SHOWS A DEVELOPMENT THAT IS BASICALLY ORGANIC, IT'S BUILT OVER TIME, THE BUILDINGS RANGE FROM SMALL SCALE BUNGALOW TO APARTMENT HOUSES. THEY ARE MIXED USE FROM SINGLE FAMILY APARTMENT ROOMING HOUSE, OFFICE, FRATERNITY HOUSE, WHICH HOUSES MANY STUDENTS FOR THE UNIVERSITY OF TEXAS. ALL OF THESE ARE AFFORDABLE HOUSES AND AFFORDABLE APARTMENTS THAT HOUSE STUDENTS FOR THE UNIVERSITY OF TEXAS. EXHIBIT 2, SHOWS THE EAST SIDE OF THE STREET, WHICH I WAS JUST TALKING ABOUT. IT HAS VARIED SETBACKS, IT'S AVERAGE HEIGHT IS 25 FOOT 6, IT RANGES FROM 15 FOOT TO 40 FOOT. IT HAS OPEN SPACE WHEN THE M.F. 6 DEVELOPERS PROJECT HAS NONE OF EXCEPT ON THE INSIDE OF THE CORE. THIS HAS A MATURE LANDSCAPE WELL MAINTAINED. ITEM 3 IS THE DEVELOPER'S PROJECT. IT IS AN UNINTERRUPTED, 60 FOOT HIGH WALL, 500 FEET LONG, GOING DOWN THE WEST SIDE OF HEMPHILL PARK. IT LOOMS OVER THE SMALL APARTMENT TO THE NORTH OF IT. AND IT LOOMS ABOVE THE PARK BY 95 FEET BY VIRTUE OF THE FACT THAT IT'S SITTING ON A HILL. ITEM 4 SHOWS WHAT KIND OF NEIGHBOR THIS IS GOING TO BE. IT DWARFS THE SINGLE FAMILY HOUSE AT 2809 HEMPHILL PARK. IT EVEN DWARFS THE 3 STORY PARKING — THE THREE STORY APARTMENT OVER ONE STORY PARKING GARAGE. IT IS NOT GOING TO BE A GOOD NEIGHBOR. IT ALSO — THANK YOU — IT ALSO, BECAUSE OF ITS HEIGHT, WILL CAUSE THE SUN TO SET ON THOSE STREETS EAST SIDE OF IT AT ABOUT 2:00 IN THE AFTERNOON. THEY WON'T HAVE THE SUN ANYMORE. NUNA PRESENTED A PLAN OVER AND OVER AGAIN WHICH WAS CONSTANTLY REJECTED. ITS MF4 IN DENSITY, MIXED USE, STUDENT FRIENDLY, INVITING TO THE NEIGHBORS, COMMUNITY SERVICES, PRESERVING THE LANDSCAPE AND THE BUILDINGS THAT ARE THERE AS BEST THEY CAN. THEY ALSO IGNORED THIS PLAN. ALSO PROVIDES A TRANSITION GATEWAY INTO NUNA FROM HIGH DENSITY TO LOWER DENSITY. ITEM 6 IS PROBABLY THE MOST TELLING OF ALL. IT SHOWS THE NEIGHBORHOOD — THE EAST SIDE OF THE STREET IN RELATIONSHIP TO THE WEST SIDE OF THE STREET. THAT PROJECT COMPLETELY DOMINATES THE SMALL SCALE STRUCTURES THAT ARE ADJOINING IT. THE CONCLUSION — IN CONCLUSION, I WOULD LIKE TO SAY A LITTLE BIT ABOUT WHAT'S LOST TO AUSTIN ALREADY. WE HAVE LOST EAST, SOUTH AND WEST OF THE UNIVERSITY OF TEXAS TO RESIDENTIAL. NORTH IS THE LAST AREA. IF WE DON'T PRESERVE THIS, WE HAVE HAVE ANOTHER LOST AUSTIN NEIGHBORHOOD. OUR RESPONSIBILITY IS NOT TO PROVIDE SOME IMAGINED DUTY TO PROVIDE HOUSING FOR THE UNIVERSITY OF TEXAS. THEY ARE DOING A GOOD JOB OF THAT ON THEIR OWN, THEY ARE PLANNING UP TO 2,000 UNITS TO MY UNDERSTANDING THAT WILL BE BUILT OVER THE NEXT FEW YEARS. OUR RESPONSIBILITY IS TO PRESERVE THIS LAST VIABLE CENTRAL CITY NEIGHBORHOOD FROM FURTHER DETERIORATION. THANK YOU VERY MUCH. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]NO CARRIERRINGCONNECT 2400 THE PROPERTIES THAT ARE SMALL AND MEDIUM SIZE PROPERTIES THAT THE PETITIONERS OWNED WHO SIGNED THE PETITION AND WE STILL HAVE 13 OF THEM ON THE PETITION AND THE PETITION STANDS AT 19.75. I'VE WORKED ON FIVE VALID PETITIONS OVER THE PAST 20 YEARS, AND THIS ONE STANDS OUT AS PARTICULARLY EGREGIOUS IN SEVERAL AREAS, IN FACT, IN THREERS AREAS. THE FIRST ONE WAS THAT FROM THE EXPANDED PETITION AREA WE HAD A SLACKING OF THE LINE. AND IN OUR OPINION THE SLACKING OF THE LINES WERE SOLELY FOR THE PURPOSES OF BACKING OUT THE VALID PETITION. AND IN ORDER TO DO THAT, THE DEVELOPER HIRED A SURVEYOR TO COME UP WITH THESE PAGES OF NOTES —

MAYOR GARCIA: RICK, COULD YOU MOVE THE MIC TO YOUR LEFT? THERE YOU GO.

WITH THESE TWO PAGES OF NOTES, WHICH — [ INAUDIBLE ] ON THE SOUTH END. AND IN DOING SO THEY LISTED OUT THE 1.88 ACRES THAT THE FRATERNITY HIT IN THE VALID PE SITION. SO IF THEY WERE STILL IN THERE, WHICH THEY ARE NOT, THE VALID PETITION WOULD BE AT 25 OR 25%. AND THE SECOND THING THEY DID, WHICH WE HAD NOT ENCOUNTERED BEFORE IS THEY SLACKED THE LINE AROUND THE ENTIRE DEVELOPMENT TO GIVE A DONUT EFFECT TO IT, SO WHAT YOU HAVE IS YOU HAVE 10 FEET OF THE DONUT AROUND THE ENTIRE DEVELOPMENT WHICH REMAINS CS ZONING, AND THEN THE INTERIOR PART BEING MF-6. AND ALL THAT DOES IS REDUCES THE PERCENTAGE OF THE VALUE THAT THE PEOPLE IN THE PINK HERE WOULD HAVE BECAUSE IT BRINGS THE LINES IN FURTHER. AND SO THESE PEOPLE AS NAMES DON'T COUNT FOR AS MUCH ON THE VALID PETITION. AND THE THIRD THING THAT THEY DID IS THAT THEY OFFERED SOME FINANCIAL INCENTIVE PACKAGES, ONE OF WHICH WAS DESIGNED TO BUY THIS PROPERTY UP HERE, THE HEMPHILL PROPERTY. AND WE FEEL LIKE THAT WAS DONE PRIMARILY FOR REMOVING THAT NAME FROM THE VALID PETITION. AND THAT WAS FOUR PERCENT OF THE VALID PETITION. AND THEN LASTLY, THEY OFFERED A FINANCIAL INCENTIVE PACKAGE EXCEEDING A QUARTER OF A MILLION DOLLARS TO KIRBY HALL IF THEY WOULD JUST CHANGE THEIR MIND ON THE VALUE OF THIS DEVELOPMENT. SO WHAT I'M ASKING YOU TO DO TODAY IS THAT IF YOU SENSE THAT ANY OF THESE SLACKING OF THE NUMBERS, ANY OF THESE ELIMINATIONS OF THE NUMBERS ON THE VALID PETITION WERE NOT DONE CORRECTLY THAT YOU JUST MENTALLY ADD THOSE BACK TO THE 19.75% AND INDEED MAKE THIS A VALID PETITION.

MAYOR GARCIA: THANK YOU, MR. IVERSON. WELCOME.

GOOD AFTERNOON. FOR THE RECORD I'M ROCHELLE ROLLINS IEVMENT HERE ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. THERE ARE THREE PROBLEMS WITH THIS PROCESS. ONE IS THE MONEY INVOLVED FLOATING AROUND THE VALID PETITION PROCESS. TWO IS THE IRRATIONAL ZONING BOUNDARIES AND FOUR IS THE AFFORDABLE HOUSING MIRAGE. THE PETITION PROCESS IS SUPPOSED TO SERVE EVERYONE. IF THE PETITION IS BROKEN FOR PRIVATE FINANCIAL REASONS, NOT BECAUSE THE PROJECT IMPACT HAS BEEN MIT GATED, THEN THAT PE TITION NO LONGER SERVES THE PROPERTY OWNERS. THEY WILL STILL BE FACING THE PROJECT. AS FOR THE IRRATIONAL ZONING BOUNDARIES, THE BOUNDARIES ARE RIGHT NOW CUT 10 FEET OFF THE FRONT OF THE PROPERTY. THERE'S NO OTHER REASON FOR THAT THAN TO BREAK THE VALID PETITION. IF THE FRONT PART OF THIS PROPERTY WOULD BE ZONED CS AND THEN THE BACK PART ZONED DIFFERENTLY. AGAIN, THERE'S — THE SIDE OF THIS PROJECT IS ALSO CUT OFF. THE TRIANGLE IS CUT IN HALF. FINALLY WE COME TO THE AFFORDABLE HOUSING MIRAGE. AS YOU MAY HAVE READ, THERE WAS A REPORT ABOUT THE CITY'S SMART HOUSING PROJECT IN THE PAPER TODAY AND I TALKED WITH GINA, ONE OF THE STAFF MEMBERS SO I COULD UNDERSTAND MYSELF HOW THE SMART HOUSING WORKS. I UNDERSTAND THAT SMART HOUSING HAS BEEN DESIGNED FOR FAMILIES WHO MAKE UNDER 80% MEDIAN INCOME. THAT WOULD BE $71,000. THE INCOME LIMITS ARE IN THE RANGE OF $50,000. I DON'T THINK ANY STUDENTS ARE ACTUALLY GOING TO BREAK THOSE INCOME LIMITS. I WOULD BE VERY SURPRISED. AND THEN THE WAY THE CAPS ARE STRUCTURED HAVE TO DO WITH A PERCENTAGE OF THAT INCOME. AND THE CAPS COULD GO AS HIGH AS 996 FOR AN EFFICIENCY, 1037 FOR A ONE BEDROOM. 1359 FOR A TWO BEDROOM. ACROSS THE STREET THE UNITS RENT FOR 650 PER — 550 PER ONE BEDROOM. SO I'M NOT SURE THE 15 AFFORDABLE HOUSING UNITS ARE REALLY GOING TO BE AFFORDABLE HOUSING. IN THIS CASE WE'VE GOT A PROJECT THAT SEVERELY IMPACTS THE NEIGHBORS ACROSS THE STREET. YOU'VE SEEN BY YOUR PACKET JUST HOW MASSIVE THE PROJECT IS. IT'S GOING TO TAKE THE SUN AWAY FROM THE OTHER SIDE OF THE STREET, GOING TO INCREASE TAXES ON THE OTHER SIDE OF THE STREET, PUSHING UP RENTS OVER THERE. AND THERE IS NO PLANNING TO SUPPORT THIS RADICAL REZONING. THIS CITY HAS ALWAYS SOUGHT ZONING FOR COMPATIBILITY. IT'S ALWAYS SOUGHT TO ENSURE THAT THERE WOULD BE CAPABILITY. [ BUZZER SOUNDS ] IT'S A 1985 POLICY THAT SAYS THAT DENSITIES COULDN'T EXCEED TWICE THAT ON ADJACENT POLICIES. THIS AREA IS ALREADY A MODEL OF SMART GROWTH. IT ALREADY HAS TRANSIT ORIENTED DENSITIES. IT IS A MODEL. IT IS NOT AN AREA THAT WE WANT TO CAUSE THE URBAN SUBURBAN FLIGHT IN. IF WE START LOADING UP THIS AREA IN A WAY THAT — AS WE HAVE IN WEST CAMPUS, WE'RE GOING TO LOSE THE BEAUTIFUL HISTORIC NEIGHBORHOOD THAT'S HERE NOW. PLEASE RECONSIDER AND CONSIDER DENYING THIS PROJECT AND ALLOWING THE CS ZONING TO REMAIN IN PLACE. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. ROLLINS. MR. MCCONE, REBUTTAL? YOU HAVE SIX MINUTES AND SOME SECONDS. I DON'T REMEMBER WHAT THAT NUMBER WAS.

THREE, I BELIEVE —

MAYOR GARCIA: 53? IT MIGHT BE BETTER TO YOU TO PUT IT ON THE OTHER EASEL ON THE OTHER SIDE.

WE'LL DO THAT.

THANK YOU, MY ABLE ASSISTANT HERE WOULD LIKE TO SET YOU KNOW THAT THERE HAS BEEN A SLIGHT CHANGE IN THE OWNERSHIP OF THIS PROJECT. MY ABLE ASSISTANT HERE HAS BEEN A PARTNER ALL ALONG AND 10 DAYS AGO MR. COOPERMAN AND HIS WIFE HAD THE OPPORTUNITY AND THE FORTUNE OF WELCOMING A NEW SON INTO THE WORLD, SO WE NOW HAVE A REASON FOR MOVING THIS PROJECT ALONG, IF WE COULD. MR. COOPERMAN HAS ANOTHER MOUTH TO FEED. SO I WANT TO CONGRATULATE HIM ON A HEALTHY BABY BOY. WHAT WE HAVE IS THAT — AND I DELIVERED THE PACKAGES OF PICTURES. THE PICTURE THAT'S IN FRONT OF YOU, THE COLOR PHOTOGRAPH, IS AN AERIAL PHOTOGRAPH. THIS PHOTOGRAPH SHOWS YOU WITHOUT A DOUBT WHAT WE SEE WHEN WE LOOK AT THIS PROJECT. THIS PROJECT IS ADJACENT TO THE UNIVERSITY OF TEXAS. WHAT THE ZONING MAP BEHIND ME SHOWS YOU IS THAT THIS IS ALL INVESTOR-OWNED PROPERTY. THERE ARE NO PERMANENT RESIDENTS THERE. IT IS RENTAL PROPERTY. IT IS ZONED CS, MF-5. OUR TRACT IS TOTALLY CS. THE ZONING THAT THAT ALLOWS IS FOR ALL KINDS OF HIGH INTENSITY USES THAT ARE NOT CONDUCIVE TO A RESIDENTIAL USAGE. WE STARTED THIS PROJECT WITH A SITE PLAN SUCH AS THIS, RELOCATING THE BLOCKBUSTER VIDEO. THIS WOULD REMAIN CS. BUILDING A PARKING GARAGE ON THE END THAT WOULD REMAIN CS. MS-6 IN THE MIDDLE. WE CAME TO THE COUNCIL WITH THAT. THE COUNCIL SAID WE WOULD CERTAINLY PREFER YOU TO SOFT ENTHE END AND PUT RESIDENTIAL UNITS AROUND THERE. IN FACT, WE WENT TO MEDIATION WITH NUNA AND THE OTHER NEIGHBORS AND THEY SAID THERE WOULD BE TWO PEOPLE PER UNIT, THEY WOULD SUPPORT 250 BEDROOMS, SO THAT WOULD BE 500 PEOPLE. WE HAVE DEVELOPED A PROJECT WITH 500 PEOPLE. THEY SAID WRAP THE PARKING GARAGE. WE HAVE WRAPPED THE PARKING GARAGE AND WE ARE LIMITING THE HEIGHT AROUND THAT PARKING GARAGE TO 30 FEET — 40 FEET FOR A DEPTH OF 30 FEET SO THATTING S WRAPPED AND CANNOT BE SEEN FROM THE RESIDENTS ACROSS THE STREET. WE HAVE MET WITH OUR NEIGHBORS, THE NEIGHBORHOOD ASSOCIATION IN WHICH THIS PROJECT IS LOCATED, UNIVERSITY AREA PARTNERS. AND AS ALWAYS THEY HAVE WANTED US TO MAKE SURE THAT WE HAVE A PEDESTRIAN AMENITIES, IMPROVEMENTS CONSISTENT WITH ALL THE STREET PROJECTS THAT THIS COUNCIL HAS SUPPORTED. BEING THE PEDESTRIAN IMPROVEMENTS KNOWN AS THE 23RD STREET PLAN. WE HOPED ALL OF THIS WOULD BE SATISFACTORY TO ALLOW US TO BUILD THIS PROJECT AND WE WILL BUILD IT IN A WAY IN WHICH IT WILL HAVE THE MS-1 — MF-6, CONTRASTING THAT WITH THE CS REQUIRES 30% OPEN SPACE OR THE BUILDING CAN ONLY COVER 70% OF THE PROJECT. SO WE HAVE LARGE AMOUNTS OF OPEN SPACE. WE PLAN TO HAVE TREES ALL AROUND THE PROJECT SO THAT IT WILL BE A VERY ATTRACTIVE PROJECT AND HAS LESS IMPERVIOUS COVER THAN THE BLOCK ADJACENT TO IT TO THE WEST. WHEN YOU GO AND LOOK AT ALL THOSE PROJECTS THAT ARE RANGING IN AGE FROM THE EARLY 20'S TO THE MID 60'S, YOU FIND THAT THEY ARE AS BUILT OF A DENSITY OR AT AN IMPERVIOUS COVER OF OVER 90%. AND IN AN URBAN AREA IT'S THE RUNOFF THAT CREATES THE PROBLEMS. SO WE'RE AT A SITUATION WHERE THIS PROJECT WILL HAVE A BETTER SITUATION FOR THE URBAN RUNOFF AND THE URBAN SITUATION THAT THAT CREATES. OTHER THAN THAT, WE HAVE ALSO AGREED TO THE SMART HOUSING PROGRAM. THE SMART HOUSING PROGRAM IN ITS OWN GUIDELINES DICTATES TO THE DEVELOPER THE WAY IN WHICH THE PROJECT MUST BE DEVELOPED TO HAVE A PEDESTRIAN SCALE, PEDESTRIAN FEEL AND ALL OF THOSE GUIDELINES WILL BE MET AND WILL BE ASSURED BY THE HOUSING DEPARTMENT OF THE CITY OF AUSTIN. I DON'T BELIEVE THAT UNLESS YOU HAVE OTHER QUESTIONS I CAN ANSWER ANY OTHER ISSUE. LET ME CHECK. THE PROJECT IS ALWAYS LABORED AS AN MF-6, BUT IT'S MF-6 REDUCED. IT'S REDUCED TO THE POINT THAT IT IS JUST BARELY ABOVE WHAT WAS BUILT IN 1964 ACROSS THE STREET KNOWN AS THE QUARTERS, WHICH HAS A 1.4FAR. WE WILL HAVE A 1.5 FAR IN THIS PROJECT, AND THAT IS A REDUCTION IN THE ZONING USE. THAT'S THE FLOOR AREA RATIO. THAT'S A REDUCTION OF WHICH IS ALLOWED NOW IN CS. SO WE HAVE A PROJECT THAT IS A DOWN ZONING, A PROJECT THAT IS AJAY SENT TO THE UNIVERSITY OF TEXAS, A PROJECT THAT ELIMINATES THE NEED FOR PEOPLE TO BE IN THEIR CARS COMING TO AND FROM THE UNIVERSITY, RATHER THEY WALK. WHAT — AND THAT WILL REDUCE THE AMOUNT OF AIR POLLUTION, THE AMOUNT OF CONGESTION ON THE ROADWAY, ALLOW THE UNIVERSITY TO MAINTAIN A CAMPUS OF RESIDENTIAL STUDENTS RATHER THAN COMIEWRT STUDENTS — COMMUTER STUDENTS AND MAINTAIN A SITUATION IN WHICH WE HAVE A WALKING, PEDESTRIAN CITY. WHAT THIS PROJECT IS TRYING TO DO IS BUILD UNDER THE SMART HOUSING PROGRAM A CITY OF THE 21ST CENTURY AND NOT LOOKING BACK AND HOLDING ON TO OUR CULTURE THAT WE HAVE NOW THAT PREVAILS. I THANK YOU FOR YOUR TIME AND I'LL LEAVE YOU THE EXCESS.

MAYOR GARCIA: YOU HAVE 57 SECONDS.

WHAT WE WANT TO DO IS HAVE THREE POINTS OF ACCESS, ONE OFF OF 29TH STREET, ONE OFF OF HEMPHILL AND ONE OFF OF THE ALLEY, OR AT LEAST TWO POINTS AND GIVE US A CHOICE OF WHICH OF THOSE THREE PLACES TO PUT IT SO WE CAN HAVE THE BETTER TRAFFIC ENGINEERING. I THANK YOU.

MAYOR GARCIA: THANK YOU, MR. MCHONE. COUNCIL, THOSE ARE ALL THE PEOPLE THAT ARE GOING TO BE SPEAKING. EACH SIDE HAS USED THEIR 10 MINUTES. I'M GOING TO READ INTO THE RECORD ONE MORE TIME THE PEOPLE WHO SIGNED UP TO SPEAK WITH ANY COMMENTS THAT THEY MAY HAVE WRITTEN. WILL BOSEMAN REGISTERED AGAINST. NO TO MS-OF R.6 WITHOUT THE — MF-6 WITHOUT THE RESIDENT PLANNING. MIKE MCHONE REGISTERED FOR. LINDA MOORE AGAINST. C. PRINCE AGAINST. MATT HAMMOND AGAINST — FOR, I'M SORRY. ALEX RUSIN AGAINST. RAYMOND TUCKER AGAINST. WRIGHT JACKSON AGAINST. MARY GAY MAXWELL, AGAINST. LORRAINE BALL AGAINST. MARK STARK AGAINST. RICHARD SUTTLE FOR. BOBTAILER AGAINST. FAN DALE MORRIS AGAINST. RICK IVERSON AGAINST. ROCHELLE ROLLINS AGAINST. JERRY ROMAGE AGAINST. TISSUE WMSES AGAINST. — TEUSH WILLIAMS AGAINST. LEWIS CRAWFORD AGAINST. JAMES MOYLE AGAINST. CHRIS ALLEN AGAINST. CYNTHIA CEEFER AGAINST. JACK KEEVER AGAINST. EDWARD PAUL CARPENTER AGAINST. ELAINE DAVENPORT AGAINST. JAN MOYLE AGAINST. JANE FOUNTAIN AGAINST. FAYE CARPENTER AGAINST. JULIA E.S. SPENCER AGAINST. JOHN FOX WORTH AGAINST. JONATHAN LANGUAGELY, JONATHAN R. LANGELY AGAINST. JERRY BUTT TREE AGAINST. ROBERT B. WOMANBLY AGAINST MARY LEEMAN AGAINST JOSE L. MATA AGAINST. AND MR. MATA WROTE, OUR NEIGHBORHOODS SHOULD NOT BE FOR SALE. AND COUNCIL, THOSE ARE ALL THE SPEAKERS. I WILL NOW OPEN UP THE FLOOR FOR QUESTIONS AND DISCUSSION BY THE COUNCIL.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: QUESTION FOR STAFF. MS. GLASGO POINTED TO THE SMART HOUSING DESIGNATION. SO IF I HEARD YOU CORRECTLY MS. GLASGO THAT I GUESS MR. HERSH OR SOMEBODY IN OUR HOUSING DEPARTMENT HAS CHARACTERIZED THIS AS A SMART HOUSING COMPLIANT PROJECT?

YES. LET ME LET HIM ELABORATE ON THAT.

COUNCILMEMBER WYNN, MEMBERS OF THE COUNCIL, STEWART HERSH. WE RECEIVED AN APPLICATION FOR SMART HOUSING. THAT APPLICATION INCLUDES A COMMITMENT THAT 100% OF THE UNITS WILL BE GREEN BUILDING, THAT THE DEVELOPMENT WILL MEET ALL OF THE TRANSIT ORIENTED STANDARDS, THAT 10% OF THE UNITS WILL BE ACCESSIBLE BEYOND WHAT ORDINARY MARKET CODE REQUIREMENTS WOULD BE, AND THAT AT LEAST 10% OF THE UNITS WILL BE REASONABLY PRICED, WHICH MEANS THEY WILL BE AVAILABLE TO FAMILIES AT 80% MEDIAN FAMILY INCOME OR BELOW WHO SPEND NO MORE THAN 30% OF THEIR GROSS INCOME ON HOUSING. AND WE RECEIVED THAT APPLICATION SINCE YOUR LAST HEARING AND WE HAVE CERTIFIED IT.

WYNN: THANK YOU.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: MR. HAD HERSH, COULD YOU COME BACK UP? SO WHEN YOU SAY THE FAMILY — COULD YOU MOVE THAT? THANK YOU. WHEN YOU SAY A FAMILY AT 80% OF THE MEDIAN FAMILY INCOME, WHAT WE'RE TALKING ABOUT IS STUDENTS THAT ARE GOING TO BE LIVING THERE. MOST OF THEM — THEY'LL BE THE YOUNGER MEMBERS AND NOT THE BREADWINNER IN A FAMILY, A LOT OF THEM. SOME OF THEM WILL BE WORKING THEIR WAY THROUGH COLLEGE. HOW DOES THAT APPLY IN THIS SITUATION? WE HEARD SOME QUESTIONS RAISED ABOUT THAT A MINUTE AGO. I THINK WE SHOULD GET THAT CLEARED UP.

THE STAFF AT NEIGHBORHOOD HOUSING HAS HAD THOSE KIND OF INQUIRIES FROM THE NEIGHBORHOOD REPRESENTATIVES, AND LET US CONVEY TO YOU WHAT WE HAVE TOLD THEM. BASICALLY WHEN YOU DEAL WITH THE INCOME REGULATIONS, THERE ARE ONE OF TWO CATEGORIES THAT THESE KIND OF FAMILIES WILL BE IN. AS I UNDERSTAND IT, THESE UNITS DON'T HAVE TO BE AVAILABLE ONLY TO STUDENTS. IF SOMEBODY WORKED AT THE UNIVERSITY OF TEXAS CAMPUS OR SOMEWHERE ELSE, THEY COULD APPLY TO RENT THERE JUST LIKE ANYONE ELSE COULD. PEOPLE WILL FALL INTO ONE OF TWO CATEGORIES. EITHER THEY'LL BE ABLE TO CLAIM THEMSELVES ON THEIR W-4'S AS HEAD OF HOUSEHOLD OR SINGLE PERSONS OR THEY WILL BE IN A SITUATION WHERE THEY CAN'T DO THAT BECAUSE THEIR PARENTS CLAIM THEM. AND WE OPERATE UNDER THE SAME GUIDELINES THAT H.U.D. DOES. WE LOOK AT WHAT THEIR INCOME IS, WE LOOK AT WHAT THEIR ASSETS ARE AND WE REQUIRE THE PROPERTY OWNERS TO DO THE SAME. THIS IS IDENTICAL TO THE SITUATION WE HAD WITH THE POST WEST WHERE IT PRECEDED SMART HOUSING AND IT REQUIRED FIVE PERCENT OF THE UNITS TO BE AFFORDABLE, SO WE LOOK AT WHAT THE CATEGORY IS AND THAT WILL DETERMINE WHETHER THE PARENTS' INCOME GETS INCLUDED AS PART OF THE GROSS HOUSEHOLD INCOME OR WHETHER IT DOES NOT. SO WHAT WE WILL DO IS THE SAME SORT OF MONITORING THAT WE CURRENTLY DO AT POST WEST. THEY IDENTIFY WHICH OF THE UNITS THEY BELIEVE ARE COMPLIANT WITH THE 10 PERCENT STANDARD AND THEN ONCE THEY ACHIEF THAT STANDARD — ACHIEVE THAT STANDARD, WE REVIEW THEIR RECORDS, THE W-4'S, THE PAY STUBS, THE OTHER DOCUMENTATION THAT OUR GUIDELINES REQUIRE. IF THEY ARE COMPLIANT WE WILL COME BACK A YEAR LATER AND SEE IF THEY'RE STILL COMPLIANT. IF THEY'RE NOT COMPLIANT, THEY CAN COME INTO COMPLIANT OR PAY US FOR THE FEE WAIVERS THAT ARE THE RESULT OF THEM BEING NOT IN COMPLIANCE. THIS IS DIFFERENT FROM MOST OF THE SMART HOUSING DEVELOPMENTS YOU'VE SEEN BECAUSE MOST OF THOSE ARE 40% REASONABLY PRICED, WHICH MEANS THEY GET 100% FEE WAIVERS. THIS PARTICULAR DEVELOPMENT IS AT 10% FEE REDUCED PRICE, SO THEY ONLY GET 25% FEE WAIVERS. SO THE VALUE WE WOULD ESTIMATE PER UNIT FOR SMART HOUSING IS GOING TO ROUGHLY BE $200 PER UNIT IN FEE WAIVERS. THAT WILL BE THE FINANCIAL BENEFIT TO THE PROPERTY OWNER FOR AGREEING TO SMART HOUSING. AND IN ORDER DO THAT THEY WILL BE IN ALL LIKELIHOOD DEFERRING SEVERAL HUNDRED DOLLARS PER UNIT RENT PER MONTH FOR A FIVE-YEAR PERIOD. THEY WILL BE PROVIDING US A GREATER LEVEL OF ENERGY CONSERVATION AND A HIGHER LEVEL OF ACCESSIBILITY.

SLUSHER: AND SO BACK TO JUST EXACTLY WHO WOULD BE ELIGIBLE. SO IF IT'S SOMEONE THAT'S WORKING AT THE UNIVERSITY OR A STUDENT THAT IS NOT CLAIMED BY THEIR PARENTS AND IS WORKING THEIR WAY THROUGH COLLEGE, IF THEY MET THE REQUIREMENT. NOW, WHAT ABOUT IF IT'S AN INDIVIDUAL STUDENT WORKING THEIR WAY THROUGH COLLEGE AND DOESN'T HAVE A FAMILY OF FOUR? HOW DO THEY —

THE INCOME GUIDELINES ARE BASED ON FAMILY SIZE, SO THE MAXIMUM INCOME FOR A SINGLE PERSON IS LOWER UNDER THE H.U.D. GUIDELINES THAN FOR A FAMILY OF TWO OR A FAMILY OF THREE OR FOUR.

SLUSHER: RIGHT NOW WHAT WOULD IT BE?

IT'S ROUGHLY $33,000 FOR ONE PERSON, ROUGHLY $54,000 FOR A FAMILY OF FOUR. AND THEN IT'S GRADUATED IN BETWEEN.

SLUSHER: SO A STUDENT THAT IS WORKING THEIR WAY THROUGH COLLEGE IS NOT CLAIMED A DEPENDENT BY THEIR PARENTS RIGHT NOW, IF THEY MADE LESS THAN 33,000 A YEAR THEY WOULD QUALIFY TO GET ONE OF THE SUBSIDIZED OR THE AFFORDABLE UNITS?

THEY COULD BE ELIGIBLE AS LONG AS THEIR NOT PAYING MORE THAN 30% OF THEIR GROSS INCOME ON RENT AND UTILITIES.

SLUSHER: OKAY. WHAT WOULD THAT —

LET ME GIVE YOU A FOR INSTANCE, COUNCILMEMBER. IF SOMEBODY WAS WORKING THEIR WAY THROUGH THE UNIVERSITY AND EARNING $20,000 A YEAR, THEN 30% OF THE 20,000 WOULD BE $6,000 PER YEAR. $6,000 A YEAR DIVIDED BY 12 IS $500 A MONTH. IF YOU ASSUME THAT ROUGHLY 100 TO 150 DOLLARS IS UTILITY PAYMENTS A MONTH OR SOME NUMBER IN BETWEEN DEPENDING ON THE ENERGY EFFICIENCY OF THE UNIT, THEN THE BALANCE WOULD BE RENT. SO THE MAXIMUM RENT THAT THIS OWNER COULD CHARGE THAT PARTICULAR PERSON AT 20,000 WOULD BE MUCH LOWER THAN IF THEY WERE MAKING 30,000 OR 40,000. SO YOU WOULD HAVE TO LOOK AT EXACTLY WHAT IS THEIR GROSS INCOME, AND THAT WOULD DETERMINE WHAT THE MAXIMUM RENT COULD BE IN THAT PARTICULAR UNIT.

SLUSHER: OKAY. BUT THAT GIVES — DOES THAT GIVE THEM — THE OWNER OF THE APARTMENTS THE INCENTIVE TO PUT PEOPLE IN THERE WHO ARE AT THE UPPER RANGE?

NOT NECESSARILY BECAUSE ONE OF THE OPTIONS THAT OWNERS SOMETIMES CHOOSE IS TO PICK UP A CERTAIN NUMBER OF SECTION 8 TENANTS. IN WHICH CASE THEY COULD BE SERVING FAMILIES AT 50% MEDIAN FAMILY INCOME OR 30% MEDIAN FAMILY INCOME BECAUSE THEY GET MARKET RENT FOR THOSE UNITS BECAUSE THE HOUSING AUTHORITY COULD PAY THE GAP BETWEEN WHAT THE 30% IS AND FAIR MARKET ACCORDING TO H.U.D. FOR THAT PARTICULAR UNIT. SO WHAT THE INCOME — THERE IS NOT NECESSARILY A DISINCENTIVE TO RENT TO LOWER INCOME PEOPLE. IT REALLY DEPENDS ON HOW THE OWNER DECIDES TO ACHIEVE THE 10% GOAL.

SLUSHER: AND THEN LET'S SAY YOU HAVE A SITUATION OF ROOMMATES BECAUSE SOMEONE IS LOW INCOME AND GOING TO COLLEGE, THEY'RE PROBABLY GOING TO HAVE A ROOMMATE. AND MAYBE EVEN IF THEY'RE NOT A LOWER INCOME. SO HOW DOES THAT AFFECT — I GUESS THERE'S TWO WAYS TO LOOK AT IT. IF YOU HAD TWO FOLKS THAT MEET THE LOWER INCOME CRITERIA, THE AFFORDABLE HOUSING CRITERIA, OR YOU HAD ONE THAT DID AND ONE THAT DIDN'T, TELL ME ABOUT THOSE SITUATIONS.

IT'S THE COMBINED INCOME OF ALL THE PEOPLE WHO LIVE IN THE UNIT ARE CONSIDERED THE FAMILY, JUST AS IT WOULD BE IN A FAMILY WITH TWO PARENTS AND A NUMBER OF CHILDREN. SO YOU WOULD AGAIN LOOK AT IS THIS PERSON DEPENDENT ON THEIR PARENTS' INCOME, IN WHICH CASE YOU WOULD COUNT THAT IN, WHERE THE OTHER PERSON MAY NOT. OR ARE THEY BOTH DEPENDENT ON THEIR PARENTS' INCOME OR NEITHER DEPENDENT. SO YOU WOULD LOOK AT THE VARIABLES JUST LIKE WE WOULD IN OUR HOME OWNERSHIP PROGRAMS. SAME METHODOLOGY.

SLUSHER: SO YOU'RE CONFIDENT THAT IS GOING TO PUT SOME STUDENTS AND POSSIBLY SOME PEOPLE THAT WORK AT OR NEAR THE UNIVERSITY IN HERE IN THESE AFFORDABLE SMART HOUSING UNITS?

BASED ON OUR EXPERIENCE AT POST WEST THERE SHOULDN'T BE ANY DIFFICULTY IN FINDING 15 FAMILIES IN AUSTIN TO QUALIFY FOR THE 15 REASONLY PRICED ROOMMATES.

SLUSHER: OR ROOMMATES.

HOWEVER THAT FAMILY IS CONSTITUTED.

SLUSHER: MS. GLASGO, A COUPLE OF QUESTIONS FOR YOU. THERE'S BEEN A LOT OF TALK ABOUT THE MF-6 ZONING. AND IT IS A HIGH DENSITY ZONING, BUT — AND THEN THERE'S BEEN SOME DISCUSSION ABOUT WHETHER THE DEVELOPMENT SIDE HAS GIVEN ANYTHING IN THE DISCUSSIONS BECAUSE WE'VE BEEN THROUGH MEDIATION AND WE'VE BEEN THROUGH A LENGTHY PROCESS HERE. I JUST WANT TO MAKE CLEAR THIS IS NOT MAXED OUT MF-6, RIGHT? FOR INSTANCE, THE HEIGHT IS — 90 FEET WOULD BE ALLOWED UNDER MF-6. WOULD THIS MF-6 WITH THE CONDITIONAL OVERLAY, TELL ME ABOUT THE HEIGHT?

THE HEIGHT ON THE MF-6 IS LIMITED TO 60 FEET INSTEAD OF 90 FEET THAT IS ALLOWED BY THE CODE.

SLUSHER: SO THIS WOULD BE 90. AND SO THIS IT'S LIMITED TO 60?

60 FEET. THE COMMERCIAL TRACT THAT HAS MIXED USE, WHICH IS REFERRED TO AS TRACT 2 HAS A HEIGHT LIMITATION ALSO FOR A DEPTH OF 30 FEET, FROM 29TH STREET, TO A HEIGHT OF 40 FEET AND THAT IS MAINTAINED WITH 60 FEET ALLOWED UNDER THE CS ZONING.

SLUSHER: SO UNDER THE STRAIGHT OUT MF-6, IT COULD BE 90 FEET OVER THIS WHOLE AREA?

CORRECT. IT CANNOT.

SLUSHER: I MEAN, IT COULD IF WE DIDN'T HAVE A CONDITIONAL OVERLAY ON THERE. THIS WAS JUST MF-OF, STRAIGHT OUT MFF-67 ZONING. IT COULD BE 90 FEET EVERYWHERE ON THE PROPERTY.

ABSENT ANY OTHER LIMITATIONS THROUGH CAPABILITY STANDARDS.

SLUSHER: HOW WOULD THAT WORK?

THAT WOULD BE DEPENDING ON THE CLOSEST SINGLE-FAMILY HOUSE. THAT WOULD AFFECT — I DON'T HAVE THE DISTANCES OF THE CLOSEST SINGLE-FAMILY, SO IT COULD RANGE TO 90 — ANYWHERE BETWEEN — AT LEAST THE MAXIMUM WOULD BE 90 FEET, BUT DEPENDING ON THE CLOSEST SINGLE-FAMILY HOUSE, I THINK THERE'S A DUPLEX A LITTLE FURTHER OFF, BUT THAT HEIGHT MAY BE A LITTLE LOWER THAN 90, BUT A LITTLE HIGHER THAN 5060. — 60.

SLUSHER: ON THE CAPABILITY, WHAT WOULD BE THE MAXIMUM HEIGHT? I'M SORRY, WHAT WOULD BE — YOU WOULD HAVE TO STAY WITHIN A CERTAIN AMOUNT OF FEET IT COULDN'T BE ABOVE A CERTAIN HEIGHT. YOU'VE GOT IN HERE THE 30 FEET BACK.

CORRECT. THAT IS ONLY ON TRACT —

SLUSHER: HOW DOES THAT COMPARE TO THE CAPABILITY STANDARDS?

LET ME GET MY CHART. TO GO UP TO A HEIGHT OF — I'M LOOKING AT A HOUSE — MULTI-FAMILY ZONING WITH A HOUSE CLOSE TO THE NORTH SIDE OF 29TH STREET, TRACT 1, AND THAT APPEARS TO BE A PRETTY GOOD DISTANCE, SO PROBABLY OVER 300 FEET OR SO. THE HEIGHT WOULD BE PROBABLY ABOUT 85 FEET. 85.

SLUSHER: WHAT ABOUT ALONG HEMPHILL THERE IS SOME — APPEAR TO BE SINGLE-FAMILY HOUSES. I THINK THEY'RE MOSTLY, IF NOT ALL RENTED BY STUDENTS AND HAVE MORE THAN ONE FAMILY OR SEVERAL OCCUPANTS IN THEM, BUT THOSE HOUSES ALONG THERE, WHAT WOULD THAT DO TO THE CAPABILITY STANDARDS ON THE OTHER SIDE OF THE STREET.

ON THE OTHER SIDE OF THE STREET THOSE ARE STILL SINGLE-FAMILY HOUSES THERE, THEN THERE WOULD BE PROBABLY CLOSE TO — THE DISTANCE WOULD BE UP THE STREET AND THE DEVELOPMENT MIGHT BE CLOSE TO PROBABLY APPROXIMATELY 60 FEET AND THE HEIGHT WOULD BE THREE STORIES OR 40 FEET.

SLUSHER: SO THAT'S ROUGHLY WHAT'S IN THERE, THAT AREA.

TODAY, AS WE SPEAK EVEN WITH THE 60 FEET OF HEIGHT. SO DEPENDING ON WHEN THE DEVELOPMENT IS SUBMITTED FOR DEVELOPMENT, HOW THAT IS STRUCTURED. HOW THE BUILDING ITSELF IS LAID OUT.

SLUSHER: OKAY. BUT WHAT'S THE — UNDER THE MFF-6, WHAT'S THE LIMIT ALONG — THE HEIGHT LIMIT PART ALONG HEMPHILL?

IT WOULD STILL — WHATEVER YOU DID TODAY WOULDN'T CHANGE THAT FOR CAPABILITY STANDARDS. IT STILL HAS TO MEET CAPABILITY STANDARDS, WHATEVER YOU ZONE IT TODAY. THAT DOES NOT CHANGE IT AT ALL.

SLUSHER: ALL RIGHT. BASICALLY MY POINT IS THAT IT HAS BEEN REDUCED CONSIDERABLY THE THE HEIGHT LIMITS OFF OF WHAT MF-OF WOULD ALLOW, NOTWITHSTANDING THE CAPABILITY STANDARDS.

THAT'S CORRECT.

SLUSHER: THAT'S ALL I HAVE FOR NOW MAYOR.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER SLUSHER. FURTHER DISCUSSION OR QUESTIONS? FURTHER DISCUSSION OR QUESTIONS OR MOTION?

GRIFFITH: MAYOR?

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: I DID WANT TO CLARIFY ONE THING AND REMIND US WHERE OUR RECOMMENDATION FROM THE ZONING AND PLATTING COMMISSION CAME FROM. CAN WE REVIEW WHAT THAT IS BEFORE WE GO FURTHER?

MAYOR GARCIA: SURE. MS. GLASGO?

GRIFFITH: IF YOU COULD REMIND US WHAT THE DISCUSSION WAS AT THE ZONING AND PLATTING COMMISSION AS THEY REACHED THEIR RECOMMENDATION OF MF-4-CO FOR TRACT IS AND CS-MU-CO FOR TRACT 2? WHAT WAS THE THINKING ON THAT AND WHAT DO THOSE MEAN?

I'LL HAVE TO GO TO THE MOTION FROM THE PLANNING COMMISSION. I HAVE A MOTION TO GRANT MF-4-CO WITH STAFF'S RECOMMENDATION OF HEIGHT LIMIT OF 40 FEET TO A DEPTH OF 50 FEET FROM RIGHT-OF-WAY OF 29TH STREET AND 60 FEET ON GUADALUPE. AND THAT'S ON TRACT 1, WHICH IS THE MF — CURRENTLY WE'RE REFERRING TO AS THE MF-6 TRACT. THEN THE NEXT MOTION ON TRACT 2 WAS TO GRANT ZONING OF CS-MU WITH A CONDITIONAL OVERLAY THAT HAS A HEIGHT LIMITATION OF 40 FEET FOR A DEPTH OF 50 FEET FROM THE RIGHT-OF-WAY UP 29TH STREET AND ALLOW UP TO 60 FEET OF HEIGHT ON GUADALUPE WITH TWO ENTRANCES. THE VOTE THERE WAS FIVE-FOUR. COUNCILMEMBER GRIFFITH.

GRIFFITH: AND THAT'S THE DATE?

THIS WAS DECEMBER THE 11TH OF 2001.

GRIFFITH: AND WHAT WERE SOME OF THE THINGS THEY WERE TALKED ABOUT WHEN THEY WERE REACHING THIS RECOMMENDATION?

EIGHT, SET BACK?

HAVING WATCHED THE HEARING, THE COMMISSION WAS TRYING TO UNDERSTAND — OBVIOUSLY THE CASE WENT BACK TO THE PLANNING COMMISSION TO CONSIDER ZONING FOR CS-MU. IT'S NOW REFERRED TO AS TRACT 2 THAT THEY WERE TRYING TO ADDRESS THE CONCERNS RAISED REGARDING EXITS AND ENTRANCES AND ALSO IN TRYING TO CREATE A HEIGHT REQUIREMENT THAT HAVE BEEN ESTABLISHED BY REQUIRING A DEPTH OF 30 FEET OF LIMITED HEIGHT. SORT A SETBACK BUILDING WITH INGRESS AND EGRESS POINTS THAT WOULD FACILITATE TRAFFIC FLOW. THE MF-4 ZONING FOR THEM WAS DENSITY, A DENSITY CONCERN, AND MAYOR PRO TEM SEEMED TO HAVE ADDRESSED THAT TOO WHEN SHE MADE HER MOTION AT FIRST READING IN THAT SHE ASKED SPECIFICALLY HOW SHE COULD LIMIT DENSITY, WHETHER SHE COULD DO IT THROUGH UNIT SIZE. AND WITH LET HER KNOW THAT THE MF-4 DISTRICT, THE MOTION SHE MADE ENDED UP REALLY ACCOMPLISHING PART OF WHAT THE PLANNING COMMISSION HAD RECOMMENDED INITIALLY OF SITE DEVELOPMENT REGULATIONS, MF-4 SITE DEVELOPMENT REGULATIONS, FOR ACHIEVING THAT KIND OF DENSITY LIMITATION BY MF-6 ZONING BY ALIGNING THEM TO CONSTRICT THE NUMBER OF UNITS BY APPLYING STRICT REGULATIONS. AND THAT'S WHAT WE HAVE IN THE ORDINANCE THAT ALLOWS IT BEING ZONED MF-6. THE SITE DEVELOPMENT REGULATIONS THAT REGULATE THE NUMBER OF UNITS TOTALLY WOULD BE DESIGNED UNDER THE MF-4 SITE DEVELOPMENT REGULATIONS. SO IF WE —

GRIFFITH: SO IF WE DECIDED THAT THE ZONING AND PLATTING RECOMMENDATIONS WAS THE WAY WE WANTED TO GO, WE COULD HAVE AN ORDINANCE DRAFTED THAT WAS THE ZONING AND PLATTING RECOMMENDATION?

COULD YOU REPEAT YOUR QUESTION? I DON'T THINK I UNDERSTOOD IT.

GRIFFITH: YOU SAID THAT THE ZONING AND PLATTEDDING'S RECOMMENDATION IS NOT WHAT WAS DRAFTED IN THE ORDINANCE.

BUT THE ORDINANCE, THE WAY IT IS WRITTEN WAS BASED ON A SPECIFIC COUNCIL APPROVED. AND THE CITY COUNCIL APPROVED ON FIRST AND SECOND READING MF-6 ZONING WITH RESTRICTIONS. A CONDITIONAL OVERLAY HAS RESTRICTIONS, AND ONE OF THE RESTRICTIONS HAS MF-4 SITE REGULATIONS. SO THAT'S THE WAY THE ORDINANCE AS DRAFTED READS. IT'S CITY COUNCIL ZONING OF MF-6 WITH A CONDITIONAL OVERLAY THAT ALSO APPLIES THE SITE DEVELOPMENT REGULATIONS OF MF-4.

GRIFFITH: TWO THINGS. WHAT ARE THE SUBSTANTIVE DIFFERENCES BETWEEN WHAT'S IN THE ORDINANCE NOW AND WHAT ZONING AND PLATTING PASSED? AND IF WE DECIDED TO GO WITH THE ZONING AND PLATTING RELIGIOUS, COULD WE GET — COULD WE GET THAT INTO THE ORDINANCE?

THIS IS YOUR THIRD READING TODAY.

GRIFFITH: THAT'S WHY I'M ASKING ABOUT THAT.

AND I CAN SEE THAT MARTY IS ATTEMPTING TO GET HER MICROPHONE TO RESPOND ON HOW THIS WOULD BE HANDLED TO A DIFFERENT MOTION THAT WOULD CHANGE THE DOCUMENT.

MARTHA TERRY, ASSISTANT CITY ATTORNEY. COUNCILMEMBER, I AM STRUGGLING BECAUSE MY RECOLLECTION IS THE POSTURE WE'RE IN IS THAT THE COUNCIL SENT THIS BACK TO DO A DIFFERENT ZONING AT ONE POINT. AND WHAT YOU HAVE BEFORE YOU IS THE RESULT OF YOUR SECOND READING AFTER HAVING CONSIDERED SENDING IT BACK. MY FEAR IS THIS. MY FEAR IS THAT YOUR INSTRUCTIONS TO US WOULD NOT BE EXPLICIT ENOUGH FOR ME TO CAPTURE IN AN ORDINANCE AGAINST EXACTLY WHAT IT IS THAT YOUR INTENT IS AT THIS STAGE OF THE GAME. MY — IF THIS IS THE WAY COUNCIL WANTED TO GO, WHAT I WOULD RECOMMEND TO COUNCIL IS THAT YOU GIVE ME INSTRUCTIONS FOR DRAFTING THE ORDINANCE AND THEN LET ME BRING THAT ORDINANCE BACK TO YOU FOR — IN OTHER WORDS, DON'T GO TO THIRD READING TODAY. GIVE ME INSTRUCTIONS AND LET ME BRING THAT ORDINANCE BACK TO YOU SO THAT I MAKE SURE THAT I HAVE CAPTURED EXACTLY WHAT IT IS YOU WANT IN THAT ORDINANCE BECAUSE IT WOULD BE — IT WOULD BE A TRAGEDY IF YOU ADOPTED SOMETHING ON THIRD READING TODAY AND I THOUGHT I UNDERSTOOD WHAT YOU WANTED, BUT MY BRAIN DID NOT CAPTURE EVERYTHING IT IS THAT YOU WERE INTENDING TO SENT SEND TO IT.

GRIFFITH: THANK YOU VERY MUCH. SO IF WE WENT WITH THE ZONING AND PLATTEDDING RECOMMENDATION, THEN YOUR CAUTIOUSNESS AND I THINK PRUDENCE WOULD SAY THAT WE SHOULD DO IT ANOTHER DAY?

YES, MA'AM. I WOULD LIKE TO DO THAT. AND I REALIZE FULL WELL EXACTLY WHAT I'M SAYING AND I REALIZE FULL WELL THAT THAT MEANS THAT YOU WOULD BE VISITING THIS DAIS AGAIN, BUT THIS — CASE AGAIN, BUT THIS CASE HAS BEEN FULL OF SO MANY ISSUES THAT I WOULD REALLY FEEL A LOT MORE COMFORTABLE IF YOU GAVE ME THE OPPORTUNITY TO BRING THAT ORDINANCE BACK TO YOU SO THAT YOU COULD GO OVER IT AND I COULD MAKE SURE THAT INDEED I HAD CAPTURED EXACTLY WHAT IT IS YOU WANT. AND ONE OF THE THINGS THAT I WOULD ASK FOR, IF THIS IS THE WAY — IF THIS IS WHAT COUNCIL WOULD LIKE TO DO, BECAUSE I WANT TO MAKE SURE I UNDERSTAND WHAT WE'RE TALKING ABOUT IN TERMS OF THE CASE THAT HAS GONE BACK THIS SECOND TIME, MAKE SURE THAT WHAT YOUR INSTRUCTIONS TO ME ARE ADDRESSING THE CASE THAT WENT BACK AND HOW THE REZONING WAS CHANGED. BECAUSE THE ZONING WAS ACTUALLY CHANGED IN THE COURSE OF THIS PROCEEDING. YOU ALL DIRECTED THE STAFF TO INITIATE A ZONING CHANGE. LET ME BACK UP. THE ZONING WAS NOT CHANGED. YOU DIRECTED STAFF TO INITIATE A ZONING CHANGE THAT WAS DIFFERENT FROM WHAT YOU HAD BEFORE. SO I WANT TO MAKE SURE THAT WHAT I PREPARE FOR YOU ACCURATELY REFLECTS WHAT IT IS YOU WANT AT THIS STAGE AFTER THAT INSTRUCTION.

GRIFFITH: THANK YOU.

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— MH N 6 HAS UNLIMITED DENSITY REQUIREMENTS, WHEREAS THE MF-4 ZONING DISTRICT HAS THE 60-FOOT HEIGHT WHICH HAS BEEN BROUGHT DOWN AS RECOMMENDED BY THE PLANNING COMMISSION TO A DEPTH OF 30 FEET TO 40 TEET FEET. YOU'VE DONE THE SAME THING. AS TO THE HEIGHT, YOU'VE LIMITED IT TO 60 FEET. AND THEN SECONDLY, FOR THE SITE DEVELOPMENT REGULATIONS YOUR BUILDING COVERAGE, YOUR IMPERVIOUS COVER, YOUR FLOOR TO UNIT RATIO WHERE IT WOULD APPLY IS ALSO BACK OF THE MF-4 ZONING DIFFERENCE AND YOU CAN SEE THE SIGNIFICANT DIFFERENCES BETWEEN THE ZONING DISTRICTS. SO IF IT HELPS YOU —

GRIFFITH: IT DOES. IT EMPHASIZES THE SIMILARITY. AND I THINK THAT'S IMPORTANT BECAUSE IT SEEMS LIKE IF WE WOULD GO WITH THE ZONING AND PLATTING RECOMMENDATION, WE COULD GET ALL THE BENEFITS IN TERMS OF STUDENT HOUSING AND DENSITY AND ALL THE GOOD THINGS THAT WE COULD — THAT ARE ASSOCIATED WITH THIS PROJECT AND YET NOT CHANGE THE PRECEDENT THAT WE HAVE IN THAT NEIGHBORHOOD OF MF-4, WHICH I THINK IS AN IMPORTANT THING TO KEEP.

RIGHT. I WOULD LIKE TO ALSO ADD THAT UNDER THE ONE BEDROOM IF YOU FLIP DOWN TO THE CHART ON THE SECTION THAT STATES MINIMUM AREA PER UNIT, UNDER THE ONE BEDROOM, WHILE THE ORDINANCE ITSELF WOULD ALLOW A THOUSAND SQUARE FEET PER UNIT, THE ORDINANCE THAT HAS BEEN DRAFTED FOR THE VILLAS ALLOWS FOR 586 SQUARE FEET PER UNIT AND THEN UNDER YOUR TWO OR MORE BEDROOMS, THAT IS DOWN TO 681 SQUARE FEET AS OPPOSED TO 1200 SQUARE FEET. SO YOU HAVE MODIFIED THE ZONING DISTRICT WITH THE SITE DEVELOPMENT REGULATIONS TO REDUCE THE DENSITY AS MUCH AS POSSIBLE.

GRIFFITH: SO ALL THAT'S VERY POSITIVE. ANOTHER GOAL WOULD BE, AND A REASON TO GO WITH THE ZONING AND PLATTING RECOMMENDATION, IS TO KEEP ALL THOSE ADVANTAGES PLUS THE ADVANTAGE OF KEEPING YOUR MF-4 AS THE STANDARD. THE STANDARD FOR THAT WHOLE AREA INSTEAD OF RATCHETTING IT UP ONE MORE.

WE'LL DO WHATEVER THE CITY COUNCIL DIRECTS US TO DO.

GRIFFITH: THAT'S WHAT MY THINKING IS.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: YES, MS. GLASGO, I THINK YOU REFERENCED I GUESS MF-6, BUT — AND SOMEHOW THE PLANNING COMMISSION — IS IT PLANNING OR ZONING AND PLATTING?

ZONING AND PLATTEDDING.

ALVAREZ: THEIR INTEREST AND SCALING IT BACK DOWN TO MF-4 TO A CERTAIN DEGREE. SO IN TERMS OF SITE DEVELOPMENT REGULATIONS. BUT IN REALITY OBVIOUSLY THE NEW PROJECT COULDN'T MEET MF-4 SITE DEVELOPMENT REGULATIONS OR ELSE IT WOULD BE THE SAME AS ZONING IT MF-4. BUT IT'S PRETTY CLEAR THAT UNDER THE DENSITY REQUIREMENTS OF UNITS PER ACRE, THEY DON'T MEET THAT MF-4 REQUIREMENT. AND UNDER MAXIMUM FLOOR TO AREA RATIO, THEY DON'T MEET THE MF-4 REQUIREMENTS. AND I THINK YOU REFUSE ARE RENSED THE FACT THAT UNDER MONEYUM SITE AREA PURSUANT TYPE THEY DON'T MEET THE MF-4 REQUIREMENT. I DID HAVE A QUESTION IN TERMS OF MAXIMUM BUILDING COVERAGE AND MAXIMUM IMPERVIOUS COVER, WHERE THEY FALL IN TERMS OF THE REGULATIONS AS COMPARES TO MF-4.

MIKE MCHONE GAVE YOU EARLIER A FLOOR TO AREA RATIO THAT COULD HAVE INCLUDED THE ENTIRE DEVELOPMENT. HE SPOKE TO CS ZONING WHICH ALLOWS A TWO TO ONE FLOOR TO AREA RATIO. HE WAS AT 1.5. THE MF-4 DISTRICT YOU WOULD HAVE TO BREAK THAT OUT SEPARATELY SINCE YOU HAVE TWO SEPARATE ZONING DISTRICTS BECAUSE YOUR MF-4 FLOOR TO AREA RATIO IS.75 AND MMF-6 IS UNLIMITED. THEY HAVE A FLOOR TO AREA RATIO OF TWICE AS MUCH. SO YOU WOULD HAVE TO UB TRACT THE SQUARE FEET THAT IS DESIGNATED FOR COMMERCIAL DEVELOPMENT AS CS SO THAT WE COULD HAVE THE TRUE SQUARE FOOTAGE LEFT FOR THE RESIDENTIAL DEVELOPMENT TO BE ABLE TO GIVE YOU A TRUE FLOOR TO AREA RATIO AND HAVE THE COMPARISON YOU'RE LOOKING FOR. SO WE HAVE NOT RECEIVED A DETAILED SITE PLAN WHERE I CAN GIVE YOU THE SPECIFIC OR SPECIFICS THAT YOU'RE LOOKING FOR. I WOULD HAVE TO RELY ON MR. MCHONE TO SEPARATE THAT OUT. AL I WAS JUST SAYING O. —

ALVAREZ: I WAS JUST SAYING IT DIDN'T MEET ALL THE MF-4 REQUIREMENT REGULAR LACES,.

OKAY. BUT THE RK RECOMMENDATION WAS PURELY FH-4, WHICH WOULD GO TO THE SITE DEVELOPMENT REGULATIONS, BUT THE APPLICANT HAD INDICATED THAT THE MF-6 HAD — BECAUSE THEY WERE UNLIMITED REQUIREMENTS, THE DENSITY WOULD BE AFFECTED, WHICH IT WAS FROM THE BEGINNING. I THINK HE SAID IT WAS THE HIGHER DENSITY AND GIVEN THE LIMITATIONS YOU HAVE AT FIRST AND SECOND READING AND BACK TO 150 UNITS.

ALVAREZ: THANK YOU.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MS. GLASGO, IN THE ORDINANCE THAT'S BEFORE US, IN REGARDS TO THE ACCESS FOR THE PARKING GARAGE, WHAT WE HAVE BEFORE US IS THAT THERE WOULD BE TWO POINTS OF ACCESS. ONE SINGLE DRIVEWAY ON 29TH STREET AND THEN A SINGLE DRIVEWAY ON THE ALLEY. WHEN I HEARD I BELIEVE THE APPLICANT'S PRESENTATION EARLIER HE TALKED ABOUT AS PART OF THE MEDIATION, BUT THREE POINTS OF ACCESS. AND SO I JUST WANT TO MAKE SURE THAT AS PART OF THIS CAN ORDINANCE WE DO THE BEST JOB ON THE WHOLE ACCESS ISSUE. IS THE CURRENT ORDINANCE LANGUAGE, THE SINGLE DRIVEWAY ON 29TH AND THE ALLEY DRIVE, AFTER STAFF'S TRANSPORTATION ANALYSIS AND AFTER THE MEDIATION AND — CAN SOMEBODY ADDRESS THAT FOR ME?

THE WAY THE ORDINANCE READS REGARDING ACCESS, THIS WAS BASED ON THE AGREEMENT IN MEDIATION WHERE THERE WAS A DESIRE FROM THE NEIGHBORHOOD TO AT LEAST ENSURE THAT THERE WAS AN EXIT POINT FROM THE ALLEYWAY AND ON TO 29TH STREET. AND I THINK MAYOR PRO TEM, WHO MADE THAT MOTION, WAS PLANNING TO ACHIEVE THE SAME THING, HENCE THE WAY THE ORDINANCE IS WRITTEN. BUT I UNDERSTAND THE APPLICANT WOULD LIKE THE FLEXIBILITY AT THE TIME OF DESIGN TO BE ABLE TO HAVE THE LANGUAGE READ THAT THERE WOULD BE ONE DRIVEWAY ON 29TH STREET AND ANOTHER DRIVEWAY BETWEEN GUADALUPE AND — THATI BELIEVE HEMPHILL PARK TO GIVE THEM THE ULTIMATE FLEXIBILITY IN LOCATING THE DRIVEWAYS.

WYNN: WHAT IS STAFF'S RECOMMENDATION ON THAT IN REGARD TO THE TRANSPORTATION ISSUE?

I BELIEVE THAT IF THE LANGUAGE WAS TO BE CHANGED TO REFLECT WHAT MR. SUTTLE CASED, YOU STILL ACCOMPLISH THE OBJECTIVE OF HAVING TWO EGRESS POINTS, AT LEAST ONE FROM HEMPHILL PARK AND ANOTHER ONE FROM BETWEEN GUADALUPE AND HEMPHILL PARK. SO HERE'S GUADALUPE AND HERE'S HEMPHILL PARK AND THEN YOU HAVE 29TH STREET. SO IF YOU HAVE A DRIVEWAY ON TO HEMPHILL PARK AND ANOTHER ONE ON TO GUADALUPE, HOWEVER THAT IS DESIGNED, MY UNDERSTANDING THAT THAT'S WHAT THEY'RE TRYING TO ACHIEVE AND YOU END UP STILL ACHIEVING COUNCIL'S DESIRE OF HAVING TWO INGRESS AND EGRESS POINTS.

WYNN: I THINK THAT THE TWO POINTS IS ADVANTAGEOUS. I'M JUST CURIOUS AS TO WHETHER THERE'S STAFF'S RECOMMENDATION OR AS PART OF THE MEDIATION ISSUE WHETHER THERE WAS A STRONG PREFERENCE FOR THE ALLEY OVER HEMPHILL PARK.

I DON'T RECALL THERE WAS ANY STRONG RECOMMENDATION FROM STAFF REGARDING EITHER WHERE THE POINT WAS THAT WAS THE ALLEYWAY OR FROM ANOTHER LOCATION.

WYNN: OKAY.

AND OBVIOUSLY, IF COUNCIL WANTS TO MODIFY THAT, THEN COUNCIL WOULD HAVE TO ALSO DIRECT US TO STRIKE THE ITEMS THAT NEED TO BE STRICKEN FROM THE ORDINANCE IN THAT REGARD.

WYNN: IF WE WANTED TO MODIFY IT, WOULD THE DEVELOPMENT STILL — WOULD STAFF — THE CITY TRANSPORTATION STAFF STILL HAVE THE PURVIEW AND ULTIMATELY DICTATE TO A DEVELOPMENT WHICH IS BEST? THAT IS, IF THE — IF WE LIMIT IT TO A SINGLE DRIVEWAY ON 29TH TWEET STROOET AND AN ADDITIONAL SINGLE DRIVEWAY EITHER ON THE ALLEY OR ON HEMPHILL PARK, PRESUMABLY THAT GIVES CITY STAFF THE AUTHORITY AS TO THE SITE PLAN AND THE DEVELOPMENT PROCESS TO MAKE THAT CALL OR DOES THAT AUTOMATICALLY GIVE THE DEVELOPER THE OPTION?

WELL, THIS GIVES US THE FLEXIBILITY, NOT KNOWING OBVIOUSLY WHAT'S GOING TO COME IN AS THE DEVELOPMENT PROGRESSES, BUT IT GIVES US FLEXIBILITY TO ENSURE THAT WE DO GET TWO EXIT POINTS BETWEEN THE AREAS THAT WE JUST DESCRIBED.

WYNN: IT'S GOING TO BE CITY STAFF AND TRANSPORTATION BASED, NOT WHAT THE DEVELOPER MAY OR MAY NOT WHAT.

CORRECT. WE GET THE BEST INGRESS AND EGRESS POINTS THAT MEET THE NEEDS OF THE AREA, NOT WHAT THE STAFF HAS DEVELOPED AT THAT POINT.

WYNN: MAYOR, BASED ON A NUMBER OF THINGS, FIRST THE SMART GROWTH DESTINATION CON CONTINUE JENT SI, NOT ONLY IS THERE AN AFFORDABLE ISSUE THERE THAT EXTREMELY RESTRICTS THE NATURE OF THIS MF-6, THE 15% REDUCTION DOWN FROM — THE 10% REDUCTION. THE FACT THAT THE NATURE OF THIS SITE DOES ALLOW — DOES HAVE THE BUFFERING OF THE PARK, THE GREENBELT AND THE DEAD END STREET FROM THE SINGLE-FAMILY OWNER-OCCUPIED HOMES IN THE NEIGHBORHOOD AND THE FACT THAT IN FACT THERE ARE NO OWNER-OCCUPIED PROPERTIES THERE IN THE PETITION AREA, I'LL MOVE APPROVAL OF ITEM 13, BUT WITH THE LANGUAGE STRICKEN IN PART 2 OF POINT 6 IN REGARDS TO THE ACCESS, THAT IT BE LIMITED TO A SINGLE DRIVEWAY ON 29TH STREET AND A SINGLE DRIVEWAY LOCATED BETWEEN 29TH STREET AND GUADALUPE STREETS, AND THAT WAY THE TRANSPORTATION STAFF HAS THE FLEXIBILITY TO APPROVE AND DEMAND WHICH WILL WORK BEST.

MAYOR GARCIA: DO YOU UNDERSTAND THAT ONE?

I UNDERSTAND IT, MAYOR.

MAYOR GARCIA: DO YOU UNDERSTAND IT, MS. GLASGO? OKAY. I JUST WANTED TO MAKE SURE MARTHA WAS GOING TO DRAFT THE ORDINANCE WITH THE CONDITION THAT WAS DRIVEN BY COUNCILMEMBER WYNN AND UNDERSTANDS WHAT WE'RE TALKING ABOUT.

I BELIEVE THAT THE LANGUAGE IN THE ORDINANCE — I APOLOGIZE. I WAS TALKING TO MR. GURNSEY ABOUT THE METES AND BOUNDS. AND I BELIEVE THE LANGUAGE THAT IS BEING PROPOSED FOR OF IS ACCESS TO THE PARKING GARAGE SHALL BE LIMITED TO A SINGLE DRIVEWAY ON 29TH STREET AND A SINGLE DRIVEWAY LOCATED BETWEEN 29TH STREET AND GUADALUPE STREET.

MAYOR GARCIA: OKAY. IS THERE A SECOND?

SLUSHER: I SECOND.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? COUNCILMEMBER ALVAREZ.

ALVAREZ: I DID HAVE ONE MORE QUESTION. TRACT 1 IS HOW BIG AND TRACT 2 IS HOW BIG? TRACT IS IS THE MF-6 TRACT. TRACT IS.

ACT 1 IS ABOUT AN ACRE. AND TRACT 2 IS JUST SHY OF AN ACRE. IT'S .794. I'M LOOKING AT THE ORDINANCE HERE. IT'S A 1.84 TRACT. SO THAT'S WHAT I HAVE IN THE ORDINANCE.

ALVAREZ: OKAY. WELL, BASICALLY I THINK — SEEING AS HOW WE'RE COMING TO A VOTE HERE. WE'VE ALL BEEN LOOKING AT THIS FOR A VERY LONG TIME, EVERYONE INCLUDED HERE ON BOTH SIDES AS WELL AS ON THE COUNCIL. AND WE'RE TRYING TO FIGURE OUT WHAT SEEMS REASONABLE IN TERMS OF THIS PARTICULAR AREA AND IN TERMS OF WHAT WE'RE TRYING TO DO AND WITH REGARD TO SMART GROWTH. AND FROM THE GIT-GO I ALWAYS WAS KIND OF ADVOCATING FOR MF-4 ON THIS TRACT, FEELING LIKE MAYBE AN INCREASE IN DENSITY MIGHT BE APPROPRIATE, BUT FEELING THAT THE POINT WHERE WE WERE AT AT THIS POINT IS 150 UNITS ON THESE TWO ACRES WAS TOO DENSE. AND I THINK THERE'S A COUPLE OF THINGS, YOU KNOW, JUST IN TERMS OF LOOKING AT THE DENSITY AND COMPARING THE CHARACTER OF WHAT'S THERE TO WHAT WOULD BE IN THIS NEW TRACT. I THINK THE OVERLAY — THE SUPERIMPOSED DRAWING THAT WE RECEIVED I THINK IS VERY INDICATIVE THAT IT'S GOING TO BE VERY DIFFERENT CHARACTER THAN WHAT'S CURRENTLY THERE AND THAT IT IS — AT LEAST IT APPEARS MUCH MORE DENSE THAN WHAT'S IN THERE, ALTHOUGH AGAIN IF YOU COMPARE SOME OF THE SMALLER PROJECTS, THEY MAY COMPARE IN TERMS OF FARR AND DENSITY, BUT A COUPLE OF THINGS — I MEAN, THAT NEVER REALLY FELT RIGHT ABOUT THIS IS THE WHOLE ISSUE OF WHY THE LOTS ARE CONFIGURED THE WAY THEY ARE, THE WHOLE BOUNDARY ISSUE AND HOW IT RELATED TO THE VALID PETITION, THE STATUS OF THE VALID PETITION AND WHETHER OR NOT I THINK MORE A STANDARD WAY OF DRAWING THE LOTS WOULD HAVE PRODUCED A VALID PETITION NOR OR NOT. BUT I THINK THAT ASIDE, I THINK YOU JUST KIND OF LOOK AT IT ON THE MAIRNTS AND FIGURE OUT IS IT — MERITS AND FIGURE OUT IS IT TOO DENSE OR NOT? HOW SHOULD WE MEASURE? AND IF YOU LOOK AT — I THINK BOTH SIDES HAVE GIVEN US — NOT BOTH SIDES, BUT THE APPLICANT AND OUR STAFF HAVE GIVEN US SOMETHING FROM THE AUSTIN PLAN THAT TALKS ABOUT DENSITY IN THIS PARTICULAR PART OF TOWN. AND GRANTED THIS WAS NEVER ADOPTED BY CITY COUNCIL, BUT IT DID SPEAK TO DENSITY LEVELS AND I THINK IN THIS PARTICULAR ZONE IT'S ZONED NUMBER 8 OR NUMBER 9. I THINK IT'S NUMBER 8. BUT IF YOU LOOK AT THE RESIDENTIAL DENSITY THAT'S ADVOCATED, THAT'S 36 UNITS PER ACRE. I THINK THE APPLICANT ARGUES, WELL, YOU SHOULD LOOK AT THE F.A.R. AND THAT IT FALLS WITHIN THE RANGE OF THE F.A.R., BUT THAT'S JUST FOR NONRESIDENTIAL USES. SO THAT'S ONE THING WHERE IF YOU LOOK AT THAT, 36 UNITS PER ACRE, A TWO ACRE SITE, THEN THAT ADDS UP TO ABOUT 72 ACRES ACCORDING TO THAT PARTICULAR PLAN, AND AGAIN, FROM MY POINT OF VIEW THINKING WELL, MAYBE WE SHOULD ALLOW A LITTLE MORE DENSITY, BUT IF YOU RATCHET THAT UP 50%, YOU ADD ABOUT 100 UNITS, WHICH IS PROBABLY THE THRESHOLD OF SOMETHING I MIGHT BE ABLE TO SUPPORT, BUT YET WE'RE NOT AT 100 UNITS, WE'RE AT ABOUT 150 UNITS, SO THAT'S MORE THAN DOUBLING AT LEAST WHAT MY READING IN TERMS OF WHAT THIS PLAN WOULD ADVOCATE. AND THEN THE SAME THING WITH MF-4. IF WE LOOK AT MF-4 ON THE WHOLE SIDE, THAT'S 54 UNITS PER ACHE ERKS YOU'VE GOT TWO ACRES, THAT ADDS UP TO 180 UNITS AND WE'RE AT A — 108 UNITS AND WE'RE AT A MUCH GREATER DENSITY THAN THAT. SO I THINK 150 IS TOO DENSE AND REALLY THAT'S ULTIMATELY I THINK THE REASON THAT I CAN'T SUPPORT AT LEAST THE CURRENT VERSION OF THE PROPOSAL.

MAYOR GARCIA: ANY OTHER DISCUSSION? COMMENTS?

SLUSHER: WELL, I'LL SAY SOMETHING, MAYOR. WELL, OBVIOUSLY THIS HAS BEEN A CONTROVERSIAL CASE AND WE HAVE A LOT OF PEOPLE WHO ARE AGAINST IT HERE TODAY, AND I RESPECT THEIR OPINIONS AND RESPECT THEM. I AM DISAPPOINTED AT SOME OF THE RHETORIC AND CHARGES BEING HURLED AROUND ABOUT THIS. I THINK WE HAVE REALLY RESPECTFUL FOLKS ON EACH SIDE. WE HAVE THE PRESIDENT OF THE U.T. STUDENT BODY. THAT'S A FAIRLY — THEY HAVE GONE ON TO BE OWE PEOPLE WHO HAVE HELD THAT POSITION, A NUMBER OF THEM HAVE GONE ON TO BE VERY DISTINGUISHED CITIZENS. IT MIGHT HAPPEN WITH THE GENTLEMAN WE HAVE HERE TODAY TOO. BUT WHAT WE GET IS AN HONEST DISAGREEMENT TO AUSTIN AS WELL AND THAT'S THE MONEY, CAVING IN TO BIG MONEY OR — I'VE HAD A NUMBER OF FOLKS WRITE TO ME SAYING, WELL, THEY WON'T — THEY'RE NOT GOING TO VOTE FOR ME OR IF I DON'T GET ON BOARD THEY'RE NOT GOING TO VOTE FOR ME IF I DON'T GET ON BOARD AND VOTE AGAINST THIS. I HAD ONE GUY WRITE AND SAY, FOR ALL HE CARES I CAN TWIST IN THE WIND OUT THERE DURING THE ELECTION. BUT THE PROBLEM WITH ALL THAT, BESIDES NOT BEING VERY PERSUASIVE, IS THAT THAT'S NOT HOW I MAKE MY DECISIONS ON HOW TO VOTE. AND I'VE VISITED THIS AREA — FIRST OF ALL, I'M VERY FAMILIAR WITH THE AREA. I WENT TO THE UNIVERSITY OF TEXAS. I'VE SPENT A LOT OF TIME IN THE AREA. AND SINCE THIS CASE HAS BEEN ON THE AGENDA I'VE VISITED WITH JUST THIS CASE IN MIND A NUMBER OF TIMES, EVEN SATURDAY EVENING I WALKED THROUGH THE AREA, WALKED ON THE SITE. AND I JUST THINK THAT WITH THE SITUATION WE HAVE IN THE CITY WITH THE SIZE OF THE STUDENT BODY THAT WE HAVE AT THE UNIVERSITY OF TEXAS, WITH THE TRAFFIC PROBLEMS THAT WE HAVE IN THE CITY, I THINK IT MAKES SENSE TO HAVE A HIGH DENSITY APARTMENT COMPLEX ON THIS SITE. I THINK IT'S A REAL GOOD SITE FOR IT. AND I'VE GONE THROUGH AND LOOKED AT WHAT IT COULD POSSIBLY DO WITH THE NUNA NEIGHBORHOOD, THE NORTH UNIVERSITY NEIGHBORHOOD. AND I DON'T SEE WHERE THERE'S GOING TO BE A CUT-THROUGH TRAFFIC PROBLEM BECAUSE WEEY COME OUT OF THERE AND THEY WANT TO GO NORTH, THEY'LL GO DOWN INTO GUADALUPE OR SOUTH THEY'LL GO OUT TO GUADALUPE ON 29TH STREET. THEY WANT TO GET TO THE FREEWAY THEY'LL GO DOWN 31ST STREET TO 26TH WHERE IT RUNS DOWN AND — ALL THAT STUFF WHERE IT CURVES DOWN TO 26TH AND GET ON THE FREEWAY THAT WAY. TO CUT THROUGH THE NEIGHBORHOOD IT WOULDN'T MAKE MUCH SENSE BECAUSE THE STREETS RUN BACK OUT INTO — EITHER GO LEFT INTO GUADALUPE, WHICH GETS YOU BY GOING TO 29TH, OR YOU GO DOWN TO SPREED WAY AND RUN UP AGAINST ANOTHER APARTMENT COMPLEX. ONE MOMENT, PLEASE, WHILE CAPTIONER...

SLUSHER: ... IN THE NEIGHBORHOOD. I'M NOT GOING TO VOTE TO — I WOULDN'T PUT TO PUT ANSOME 6 RIGHT NEXT TO THESE SINGLE FAMILY NEIGHBORHOODS. I UNDERSTAND THERE ARE A FEW STILL ZONED SINGLE FAMILY HOUSES ALONG HEMPHILL RIGHT ACROSS FROM THIS. BUT THOSE, YOU GO THROUGH THERE, THOSE ARE CLEARLY PRETTY HIGH DENSITY THEMSELVES AS FAR AS THE NUMBER OF STUDENTS LIVING IN THEM. SO YOU ARE GOING TO GET LESS TRAFFIC, STUDENTS OR PEOPLE WHO WORK AT THE UNIVERSITY AND LIVE HERE ARE GOING TO BE ABLE TO WALK TO THE — TO THE CLASSES. THEY WILL BE ABLE TO WALK TO THEIR JOBS. THEY WILL BE ABLE TO WALK, EAT, THEY WILL BE ABLE TO WALK AND DRINK, TOO. THAT COULD BE A GOOD THING. YOU KNOW THAT — YOU KNOW THAT STUDENTS ARE GOING TO DO THAT. IT'S — IT'S BUFFERED FROM THE NEIGHBORHOOD BY THE — FROM THE NORTH UNIVERSITY NEIGHBORHOOD BY A PARK. THE HEMPHILL DEAD ENDS BESIDE THE KIRBY SCHOOL. THERE'S ALL OF THOSE TRAFFIC ISLANDS, TRIANGLES BY TRUDY'S, THEN 31ST, UP THE HILL TO GET TO THE NEIGHBORHOOD. I'M CONVINCED THAT THE NEIGHBORHOOD IS GOING TO BE ADEQUATELY PROTECTED. THAT THIS IS NOT A PRECEDENT SETTING CASE FOR ANYTHING ON THE OTHER SIDE OF 31ST STREET OR REALLY ANYWHERE. AND I JUST THINK THAT WITH THE NUMBER OF STUDENTS THAT WE HAVE, THAT THIS IS AN APPROPRIATE DEVELOPMENT. I'M GLAD IT'S GOING TO HAVE 10% AFFORDABLE HOUSING.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. THIS HAS BEEN A CASE THAT — THAT HAS BEEN DIFFICULT FOR ME BECAUSE I'VE SEEN THE AREA GROW AND DEVELOP FROM THE TIME THAT I CAME HERE IN 1957. AS A MATTER OF FACT, WHERE I LIVED WHEN I WENT TO THE UNIVERSITY IS WHERE THE GEORGE I. SANCHEZ BUILDING FOR THE EDUCATION IS AND ACROSS THE STREET WAS WHERE WE HAD THE INTRAMURAL FIELD, WHERE JESTER IS, JESTER IS MUCH HIGHER THAN 60 FEET OR 90 FEET OR 100 FEET. ANOTHER HOME THAT I LIVED IN IS WHERE THE DEPARTMENT OF AGENTTURE FOR THE STATE OF TEXAS IS. — AGRICULTURE FOR THE STATE OF TEXAS IS. WHAT HAS HAPPENED TO THE CITY IS IT HAS GROWN, THE UNIVERSITY HAS GROWN ALONG WITH IT. WE NEED TO MAKE — WE NEED TO FIND WAYS TO PROVIDE HOUSING FOR THOSE STUDENTS SO THEY DON'T HAVE TO GET ON BUSES AND COME ALL THE WAY FROM — FROM THE EDGE OF TOWN TO GO TO THE UNIVERSITY. SO — SO EVERYTHING CONSIDERED, GIVEN THE COMPROMISES THAT THE DEVELOPERS HAVE AGREED TO, I THINK IT'S A GOOD PROJECT. I KNOW IT'S PAINFUL. YOU KNOW, BUT — BUT THE PLACES WHERE I LIVED, WHEN I WENT TO THE UNIVERSITY ARE NO LONGER THERE. THERE'S BUILDINGS THAT ARE 100, 120, 150 FEET HIGH. SAYING THAT THOSE WERE THE RIGHT THING TO DO, NOT SAYING, BUT THEY NEEDED TO BE DONE GIVEN THE DEVELOPMENT AND — AND GROWTH OF THE CITY. SO — SO MY HOPE IS THAT THE NEIGHBORHOOD CAN — CAN WORK WITH THE DEVELOPERS TO FIND WAYS AS WE GO THROUGH THIS PROCESS TO MAKE THE DEVELOPMENT MORE FRIENDLY. AND I'M GOING TO SUPPORT IT FOR THAT REASON. THANK YOU. ANY OTHER DISCUSSION? IF NOT, CAN YOU CALL THE ROLL.

...WE HAVE A MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER SLUSHER.

LET'S SEE, MAYOR GARCIA?

MAYOR GARCIA: YES.

OKAY. MAYOR PRO TEM GOODMAN?

GOODMAN: NO.

NO? COUNCILMEMBER ALVAREZ?

ALVAREZ: NO.

COUNCILMEMBER GRIFFITH?

GRIFFITH: NO.

COUNCILMEMBER SLUSHER?

SLUSHER: YES.

COUNCILMEMBER THOMAS?

THOMAS: YES.

COUNCILMEMBER WYNN?

WYNN: YES.

MAYOR GARCIA: THE MOTION PASSES ON A VOTE OF FOUR TO THREE. AS I UNDERSTAND IT, THERE'S NO VALID PETITION, SO THAT IS A — THAT IS A VALID VOTE FOR THE THIRD READING. THANK YOU VERY MUCH EVERYBODY. COUNCIL, WE HAVE ONE — ONE OTHER SPEAKER THAT WAS SIGNED UP TO SPEAK UNDER CITIZENS COMMUNICATION GENERAL THAT ARRIVED A LITTLE BIT LATE AND THAT REQUESTED THAT WE GIVE HER THREE MINUTES. I TOLD HER THROUGH ONE OF OUR STAFF MEMBERS THAT WE WOULD ALLOW THAT. SO — SO DR. MAE HARION MARION IS HERE. IF YOU COULD COME UP, MS. MARION, RIGHT HERE, WE WILL GIVE YOU THREE MINUTES. CAN YOU PUT — THERE YOU ARE.

HELLO, EVERYBODY. I GUESS THAT I SHOULD HAVE DRESSED — I SHOULD ADDRESS THE MAYOR AND COUNCILMEMBERS FIRST, THE MEN AND WOMEN WHO ARE HERE. I AM MAE HARION MARION, AS THE MAYOR HAD SAID. I HOPE THAT YOU ARE FEELING BETTER THAN I AM, BECAUSE I DON'T FEEL GOOD. DO YOU HEAR ME?

MAYOR GARCIA: YES.

I DON'T FEEL GOOD. NOW, MY LITTLE COCAINE BABY IS IN ICU. HE BEEN — HE HAS BEEN THERE FIVE AND A HALF MONTHS. AND I STAYED LAST NIGHT AND I DIDN'T GET TO SLEEP GOOD. I WAS COLD IN THERE. AND — I DON'T KNOW WHY I'M HERE THIS —

MAYOR GARCIA: YOU ARE HERE BECAUSE YOU ARE VOTING FOR THE SILVER HAIRED LEGISLATURE.

YES, I'M GOING TO TELL YOU ABOUT THAT. I DON'T KNOW IF YOU HEARD OF THE SILVER HAIRED LEGISLATURE, BUT IT IS IN 26 STATES. AND I USUALLY HAVE WHITE HAIR SOMETIMES. IT STARTED IN MISSOURI IN 1973. AND THE MAIN REASON IS — THAT I HAVE THROWN MY HAT IN FOR TRAVIS COUNTY AND WILLIAMSON COUNTY THE REASONS ARE — SENIOR CITIZENS ARE BEING TREATED — ELECTED 'EM, PRESCRIPTIONS TOO MUCH MONEY. I HAVE SOME FRIENDS THAT CALL — CALL THE PROTECTIVE SERVICE BECAUSE THEY DIDN'T HAVE THE MONEY TO GET THEIR PRESCRIPTION TO SOME OF THESE NEIGHBORHOOD CENTERS, THEY ARE SO CRUEL TO THE PEOPLE. WHEN I GO PAY MY LIGHT BILL, GO SEE FRIENDS, IT'S JUST SAD AND THESE CONVALESCENT HOMES, IF YOU HAVE ANY MEMORIES OF YOUR FAMILY IN THE CONVALESCENT HOMES, YOU GO SEE ABOUT THEM, BECAUSE THEY ARE MEAN TO THEM. AND I'M GOING TO WORK WITH THE LEGISLATORS, I DON'T KNOW, WE HAVE TWO GUYS RUNNING IN THE SAME PLACE. SO I GOT TO GET BUSY. THEY STARTED JANUARY THE 1ST. BUT I'VE BEEN SO — SO BUSY WITH THE BABY AND OTHER THINGS, I HAVEN'T STARTED, JUST GOT MY PLATFORM TOGETHER TODAY. BUT I'M GOING TO DO A GOOD JOB FOR OUR SENIOR CITIZENS. AND DRUG ABUSE, YOU JUST — YOU WOULD JUST BE SO PROUD IN DIFFERENT NEIGHBORHOODS HOW THEY FEEL. YOU KNOW WHEN YOU GET THE TRANSIT, THEY COME — THEY COME TAKE YOU A MONTH OR SO TO GET THAT LITTLE OLD FREE 50 CENTS PAID. THERE'S JUST A LOT OF THINGS GOING ON. NOWHERE TO PARK, YOU HAVE TO GO TO THE COURTHOUSE, YOU RIGHT AROUND IN THE 30 OR 40 MINUTES, NO PARKING PLACES, JUST A FIELD. A LOT OF THINGS NEED TO BE DONE. ESPECIALLY I FEEL THAT MEDICAID — I'M TRYING TO GET MEDICAID, I CAN'T GET THAT. SO DON'T SAY, IF YOU ARE NOT 60, TAKE YOUR GRANDMA, TAKE SOMEBODY TO THE POLL ON THE 26TH OR 28TH, I WANT YOU TO HELP ME BECAUSE I'VE BEEN DOING THIS FOR 30 YEARS AND I NEVER ASKED FOR HELP. SO I WANT TO BE THE NEXT SILVER HAIRED LEGISLATOR. THANK YOU VERY MUCH

MAYOR GARCIA: THANK YOU. THANK YOU, DR. MARION. COUNCIL, THOSE ARE ALL OF THE ACTION ITEMS THAT WE CAN TAKE ACTION AT THIS TIME. BUT WE DO HAVE ITEM NO. 32, WHICH I WILL READ INTO THE RECORD. APPROVE A RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS AUSTIN, TEXAS FOR ENGINEERING SERVICES FOR THE TRAVIS WATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $3, 500,000. THE CITY ATTORNEY RECOMMENDED THAT WE CONSIDER THIS FIRST IN THE EXECUTIVE SESSION UNDER ADVICE FROM COUNCIL, I WILL ENTERTAIN A MOTION TO RECESS THE MEETINGS SO WE CAN GO INTO EXECUTIVE SESSION AND RECEIVE ADVICE FROM COUNCIL ON THIS ITEM. MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER SLUSHER. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO? MOTION CARRIES. FOR THOSE OF YOU THAT ARE HERE, I CAN TELL YOU THAT THE EXECUTIVE SESSION WILL PROBABLY TAKE MORE THAN 20 — THAN 15 MINUTES. SO WHEN WE COME BACK, WE ARE GOING TO BE ON THE TIME CERTAIN ITEM OF 4:00 AND THEN WE WILL GO TO ITEM NO. 32. SO WE STAND RECESSED AND WE WILL BE BACK.

MAYOR GARCIA: WE HAVE COMPLETED ALL OF OUR EXECUTIVE SESSION ITEMS, I WILL CALL THE SESSION BACK TO ORDER. FOR PURPOSES OF THOSE OF Y'ALL THAT ARE SITTING HERE, LET ME KIND OF GO THROUGH THE PROCESS OF HOW WE ARE GOING TO GO THROUGH THIS. WE HAVE A VERY BRIEF ITEM I SHOULD HAVE HANDLED BEFORE EXECUTIVE SESSION, ITEM NO. 25. TRISH YOUNG I THINK IS HERE. I'M SORRY WE DIDN'T TAKE IT UP BEFORE WE WENT INTO EXECUTIVE SESSION. I DIDN'T REALIZE THAT WE HAD THIS ITEM LEFT. THEN WE WILL GO INTO THE ZONING CASES, TIME CERTAIN AT 4:00, THEN ITEM NO. 32, I THINK WE CAN DO ALL OF THOSE ITEMS BEFORE OUR 6:00 TIME CERTAIN AND ACTUALLY 5:30 TIME CERTAIN FOR — FOR — FOR PROCLAMATIONS AND MUSIC. MS. YOUNG? I PULLED THIS ITEM, 25. MY QUESTIONS, YOU CAN COME AND SIT OVER HERE IF YOU WANT TO. I DON'T LIKE TO HAVE PEOPLE STANDING UP WHILE I'M SITTING DOWN. MY QUESTIONS WITH REGARD TO THIS ITEM WAS THE HOSPITAL FUND. APPARENTLY, WE DON'T BUDGET HOSPITAL FUND WHEN WE DO THE BUDGET, ANNUAL BUDGET. AND THE QUESTION THAT I HAD IS WHAT CRITERIA DO WE USE TO ACCESS THOSE FUNDS.

MAYOR, I'M JOHN STEVENS, DIRECTOR OF FINANCIAL SERVICES. WE DO — BUDGET FOR THE HOSPITAL FUND AND INCLUDE THAT IN THE CITY'S NORMAL OPERATING BUDGET. THE —

WELL, WE WERE TOLD THAT YOU DON'T. SOME OF THE QUESTIONS THAT WE ASKED.

MAYOR, I BELIEVE THE DIFFERENCE MAY BE BETWEEN THE OPERATING BUDGET AND THE CAPITAL BUDGET. I'M NOT SURE HOW THE QUESTION TO COUNCIL WAS WORDED, BUT WE DO PREPARE AN OPERATING BUDGET FOR THE HOSPITAL FUND

OKAY. BECAUSE THIS ONE JUST SAYS FUNDING IS AVAILABLE IN THE HOSPITAL FUND. THAT'S A FISCAL NOTE. AND — AND IT DOESN'T SAY THAT IT IS BUDGETED. IT JUST SAYS IT'S AVAILABLE. I KNOW IT'S AVAILABLE BECAUSE THIS FUND HAS SUBSTANTIAL AMOUNT OF RESOURCES. BUT — BUT WHAT IS BUDGETED IN THAT ACCOUNT? IN THAT FUND?

THE HOSPITAL FUND BUDGET INCLUDES SEVERAL SOURCES OF REVENUE, THE LEASE PAYMENTS FROM SETON, DISPROPORTIONATE SHARE OF REVENUE THAT THE CITY RECEIVES BE THE 16% THAT IT RECEIVES AS LONG AS IT OWNS AND OPERATES THE CLINIC SYSTEM. THAT DISPROPORTIONATE SHARE OF REVENUE COMES BECAUSE OF THE SETON LEASE, ALSO. WE ALSO RECEIVE ADDITIONAL LEASE PAYMENTS FROM SETON

SURE

THAT ARE RELATED TO —

MAYOR GARCIA: WHY DON'T WE SKIP THE REVENUE. I KNOW — [MULTIPLE VOICES]

ON THE OPERATING SIDE, WE HAVE SOME OPERATING EXPENSE THAT RELATES TO THE LARGEST SINGLE PORTION OF WHICH RELATES TO INFLATERS THAT ARE RELATED TO THE SETON LEASE. FOR EXAMPLE INFLATERS ON THE MAP PROGRAM AND IF I SEE SERVICES PROGRAM. THOSE HAVE — THE PHYSICIAN SERVICES PROGRAM. THOSE HAVE BEEN FUNDED FROM THE HOSPITAL FUND SINCE THE INACCEPTING OF THE SETON LEASE. WE ALSO HAVE A 7.2 MILLION TRANSFER TO THE FQHC FROM THE HOSPITAL FUND. THAT'S A TRANSFER FOR OPERATIONS AND DOES NOT NECESSARILY INCLUDE ANY CAPITAL —

MAYOR GARCIA: THIS 169 IS A SMALL AMOUNT, THIS 169, WAS THAT PART OF THE 7 MILLION?

NO, IT WAS NOT

IN ADDITION

NO, IT WAS NOT

MAYOR GARCIA: OKAY. ALL RIGHT. WHAT I WOULD LIKE TO DO IS FOR — FOR FUTURE YEARS, I THINK WE OUGHT TO TRY TO ESTIMATE HOW MUCH WE ARE GOING TO NEED AND PUT IT IN THE BUDGET. SO — SO IF I DON'T LIKE TO DO MID YEAR — YOU KNOW, OPERATING BUDGET AMENDMENTS. AS THINGS COME UP, YOU KNOW, I WOULD RATHER THAT WE GO AHEAD AND PROGRAM IT —

YES, SIR

I WILL ENTERTAIN A MOTION ON ITEM NO. 25. MOTION BY COUNCILMEMBER WYNN. SECONDED BY COUNCILMEMBER THOMAS. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE

OPPOSED NO. MOTION CARRIES ON A VOTE OF FOUR TO ZERO TO 3 WITH COUNCILMEMBER — WITH COUNCILMEMBERS GRIFFITH, MAYOR PRO TEM GOODMAN AND COUNCILMEMBER SLUSHER TEMPORARILY OFF. THEY ARE COMING BACK. OKAY. NOW WE GO TO THE 4:00 TIME CERTAIN. WHICH IS ZONING. ZONING HEARINGS AND APPROVE OF ORDINANCES AND RESTRICTIVE COVENANTS. AND MS. GLASGO IS HERE TO — TO HELP US THROUGH THIS PROCESS.

THANK YOU, MAYOR

WELCOME, MS. GLASGO AGAIN

OUR ZONING CASES FOR TODAY ARE AS FOLLOWS, ITEM NO. Z-1 C14-01-77, STAFF IS REQUESTING A POSTPONEMENT UNTIL APRIL THE 18TH TO RECEIVE ADDITIONAL INFORMATION FROM THE APPLICANT.

Z-2 C14-01-177 LOCATED AT THE 1600 BLOCK OF TOOMEY ROAD, A DISCUSSION ITEM. Z-3 — YES, MAYOR?

MAYOR GARCIA: ON ITEM NO. 25, IT'S AN ORDINANCE, WE ONLY HAD FOUR VOTES, SO I WILL ENTERTAIN A MOTION FOR RECONSIDERATION.

SO MOVE

MOTION BY COUNCILMEMBER WYNN. I WILL SECOND THAT. ALL IN FAVOR?

AYE.

MAYOR GARCIA: NOW THE NOTION APPROVE

WYNN: MOVE APPROVAL, MAYOR.

MAYOR GARCIA: SECOND, MOTION BY COUNCILMEMBER WYNN, SECONDED BY ME. ALL THOSE IN FAVOR OF THE ORDINANCE IN 25 INDICATE BY SAYING AYE.

AYE

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH THE MAYOR PRO TEM TEMPORARILY OFF. BACK TO YOU, MS. GLASGO. SORRY ABOUT THAT

GLASGO: THAT'S OKAY, MAYOR, IN PROBLEM. BACK TO ITEM NO. Z-3, C14-01-184, THIS CASE IS LOCATED AT 12,500 TOMANET TRAIL, THE APPLICATION IS SEEKING A CHANGE FROM N.O., NEIGHBORHOOD OFFICE DISTRICT, TO G.R., COMMUNITY COMMERCIAL DISTRICT. THE ZONING AND PLATTING RECOMMENDS G.R. WITH A CLAY AND OTHER CONDITION, READY FOR ALL THREE READINGS. ITEM NO. Z-4 A DISCUSSION ITEM. I AM MOVING ON ITEM NO. Z-4, C14-01—- C14-ON 2-03 LOCATED AT OLTORF STREET ... THE ZONING AND PLATTING RECOMMENDATION TOYS GRANT S.C. — C.S.1 WITH A CONDITIONAL OVERLAY. ITEM NO. Z-6, DURING 14-02-6, SH, WHICH STANDS FOR SMART HOUSING. LOCATED AT 5800 TECH ANY CENTER DRIVE, FROM MULTI-FAMILY 2 WITH A CONDITIONAL OVERLAY TO MULTI-FAMILY 2 WITH SOME CHANGES IN THE CONDITIONAL OVERLAY, WHICH THE PLANNING COMMISSION — READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. ITEM NO. Z-7C14-02-7, LOCATED AT 5800 THROUGH 5900 CAMERON ROAD, CURRENT ZONING IS SINGLE FAMILY 3. THE APPLICANT IS SEEKING L.R.-C.O., WHICH WAS A REQUEST THAT THE ZONING AND PLATTING COMMISSION RECOMMENDED — CRED THE PROPERTY.IMENTS HAVING L.R.-C.O. THE APPLICANT IS SEEKING G.R. ZONING. THE ZONING ZONING AND PLATTING COMMISSION RECOMMENDED GR-C.O. READY FOR ALL THREE READINGS. ITEM NO. Z-8C-14-02-14, LOCATED AT 3400 NORTH IH-35. THE PROPERTY IS CURRENTLY ZONED MULTI-FAMILY 4. THE APPLICANT IS REQUESTED A CHANGE TO GENERAL OFFICE. THE ZONING AND PLATTING COMMISSION RECOMMENDATION, WHICH SHOULD BE ON ALL THREE READINGS, IS TO GRANT GENERAL OFFICE ZONING AS — AS REQUESTED AND READY FOR ALL THREE READINGS. ITEM NO. Z-9, C14-2-15 LOCATED AT 6509 TO ... ZONE THE PROPERTY C.S. WITH A CONDITIONAL OVERLAY. THE ZONING AND PLATTING COMMISSION RECOMMENDED C.S. WITH A CONDITIONAL OVERLAY AND OTHER CONDITIONS. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-10, C14-02-17 LOCATED AT 12881 PALM SPRINGS ROAD, THE APPLICATION IS REQUESTED A CHANGE FROM INTERIM RURAL RESIDENTIAL TO G.R. THE ZONING AND PLATTING COMMISSION RECOMMENDS G.R. WITH A CONDITIONAL OVERLAY AND OTHER CONDITIONS, THE CASE IS READY FOR ALL THREE READINGS. THAT CONCLUDES —

MAYOR GARCIA: Z-10 ALL THREE?

YES. THAT CONCLUDES MY PRESENTATION ON THE CONSENT ITEMS.

MAYOR GARCIA: OKAY. LET ME GO THROUGH AGAIN. Z-1 CONSENT TO POSTPONE TO 4-18, CORRECT

THAT'S CORRECT

MAYOR GARCIA: Z-2 A DISCUSSION ITEM, Z-3 CONSENT FOR ALL THREE READINGS. Z-4 IS DISCUSSION

THAT'S DISCUSSION ON THE FIRST

MAYOR GARCIA: I DON'T HAVE ANY SPEAKERS ON THAT ONE.

GLASGO: THE APPLICANT, MIKE MCHONE IS BACK AGAIN FOR A DIFFERENT CASE.

OKAY.

MAYOR GARCIA: Z-5 IS CONSENT FOR ALL THREE READINGS.

GLASGO: THAT'S CORRECT.

MAYOR GARCIA: Z-6 CONSENT FOR ALL THREE. SAME FOR Z-7, 8, 9 AND 10.

GLASGO: THAT'S CORRECT.

MAYOR GARCIA: IS THERE A DISCUSSION ON THE CONSENT AGENDA? OKAY. I WILL ENTERTAIN A MOTION TO APPROVE THE CONSENT AGENDA ON THE ZONING HEARINGS AND APPROVAL OF ORDINANCES.

SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ. >MAYOR GARCIA: SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? ALL IN FAVOR?

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH THE MAYOR PRO TEM TEMPORARILY ABSENT OF. I WILL BE WITH YOU IN JUST A MINUTE, MR. — Z-12 IS POSTPONED TO 4:18, THAT'S CORRECT?

GLASGO: THAT'S CORRECT, MAYOR.

GLASGO: Z-2 IS A ZONING CASE NUMBER C14-01-177, NAMELY CEDAR DOOR LOUNGE. THIS PROPERTY IS LOCATED A THE 1600 BLOCK OF TOOMEY ROAD, THE PROPERTY IS CURRENTLY ZONED C.S. WHICH STANDS FOR GENERAL COMMERCIAL SERVICES. THE APPLICANT IS REQUESTING A ZONING CHANGE TO C.S.-1, WHICH STANDS FOR COMMERCIAL LIQUOR SALES. THE — THE ZONING AND PLATTING COMMISSION WAS NOT ABLE TO FORWARD A RECOMMENDATION TO YOU DUE TO LACK OF A QUORUM VOTE FOR THE ZONING AND PLATTING COMMISSION IN ORDER FOR THEM TO HAVE A RECOMMENDATION TO FORWARD TO YOU, THEY NEEDED TO HAVE FIVE VOTES AT A MINIMUM. THEY WERE NOT ABLE TO REACH THAT. SO WHAT WE ARE GOING TO — WHAT — WHAT WE WILL OFFER YOU IS THE STAFF RECOMMENDATION AND — AND GO FROM THERE. AS I INDICATED THERE'S A MAP BEFORE YOU THAT SHOWS THE AREA, THIS IS THE CEDAR DOOR THAT WAS — THAT WAS MOVED FROM — FROM PREVIOUS LOCATION ON EAST CESAR CHAVEZ AT LAMAR BOULEVARD. AND THE APPLICANT IS SEEKING A CHANGE TO HAVE — TO HAVE A LOUNGE WHERE ALCOHOLIC BEVERAGES ARE SERVED. AS I INDICATED EARLIER, STAFF RECOMMENDS THE ZONING CHANGE. THERE WILL BE A SITE PLAN REQUIRED WHICH IS CALLED A CONDITIONAL USE PERMIT SITE PLAN THAT HAS TO BE APPROVED BY THE ZONING AND PLATTING COMMISSION, THEN THERE WOULD ALSO BE A NEED TO COME TO THE CITY COUNCIL ON A SEPARATE ITEM THAT WOULD RELATE TO — TO A WAIVER FROM — FROM THE — FROM THE PROXIMITY TO A DAYCARE CENTER, WHICH STATE LAW REQUIRES THAT — THAT IF THE PROPERTY IS — IS WITHIN 300 FEET OF A DAYCARE, THAT A WAIVER FROM THE DISTANCE REQUIREMENT WOULD BE GRANTED BY THE CITY COUNCIL. SO THAT IS ANOTHER ITEM THAT YOU MAY BE AWARE OF THAT — THAT IS TRIGGERED AT THIS POINT, AT THIS LOCATION, THAT WOULD REQUIRE YOUR FURTHER APPROVAL BEYOND THE ZONING. TODAY ALL THAT YOU HAVE IN FRONT OF YOU IS SIMPLY A REQUEST TO CONSIDER CHANGING THE ZONING FROM C.S. TO C.S.-1, THAT WOULD ALLOW THE SALE OF ALCOHOLIC BEVERAGES ON SITE. THAT CONCLUDES MY PRESENTATION. I WILL BE GLAD TO RESPOND TO QUESTIONS THAT MIGHT ARISE AFTER WE HEAR FROM THE APPLICANT AND OTHER SPEAKERS.

MAYOR GARCIA: QUESTIONS FOR MS. GLASGO? OKAY. MS. TOOMEY FROST, OR MR. BENNETT, WHOEVER IS GOING TO MAKE THE PRESENTATION. YOU ALL HAVE FIVE MINUTES TO MAKE THE PRESENTATION. MS. FROST, MR. BENNETT. AND THEN YOU HAVE THREE MINUTES AT THE END FOR REBUTTAL. SO THIS IS YOUR FIVE MINUTES FOR THE PRESENTATION.

MAYOR, COUNCILMEMBER, I'M JIM BENNETT, I WILL GIVE YOU A BRIEF INTRODUCTION, PERHAPS A LITTLE BIT MORE THAN MS. GLASGO JUST DID. THIS IS A REQUEST FOR — FOR C.S.1 ZONING SO THAT THE CEDAR DOOR CAN BE LOCATED AND ESTABLISHED AT THIS LOCATION. THE PLAN THAT YOU HAVE BEFORE YOU IS CONCEPTUAL PLAN RELATIVE TO PARKING. WE HAVE ABOUT 60 PLACES PROPOSED, WHICH IS ABOUT — ABOUT TWO-THIRDS MORE THAN THE ORDINANCE WOULD REQUIRE. THE CEDAR DOOR ITSELF, THE STRUCTURE, HAS ABOUT 1100 OR 1200 SQUARE FEET. AND WE ARE PROPOSING TO PUT SOME DECKS ON THE — ON THE BUILDING ITSELF AS IT WAS, AT ITS PREVIOUS LOCATION. THE STRUCTURE IS NESTLED IN BETWEEN THE TREES, NOT LOOKING AT ANY OF THE GIANT MECHANICAL TREES THAT ARE ON THE SITE. THE COMMERCIAL BUSINESSES AROUND US HAVE SUPPORTED OUR REQUEST, INCLUDING THE ZILKER NEIGHBORHOOD ASSOCIATION AS WELL. THAT'S THE EXTENT OF ANY PRESENTATION, I BELIEVE MS. FROST WOULD LIKE TO IN A FEW MORE COMMENTS

EVERY FOOT OF THE AREA THAT IS IN THE PECAN GROVE AREA FROM LAMAR OVER TO ZILKER PARK ZILKER PARK FROM BARTON SPRINGS ROAD TO TOOMEY ROAD IS ALL ZONED COMMERCIAL OR C.S.1. THERE ARE LOTS OF OTHER BEES, THAT YOU KNOW, THE DINING, THAT SERVE LIQUOR. TRAILERS HAVE BEEN IN THERE — FOR QUITE A NUMBER OF YEARS. THEY ARE ON COMMERCIAL PROPERTY. I HAVE THE SMALLEST OF THE THREE LARGE TRACTS AND THE TAXES ON THAT PROPERTY ARE $48,000 A YEAR. SO IT REALLY IS DIFFICULT TO MAINTAIN TRAILERS ON COMMERCIAL PROPERTY, PARTICULARLY AS THE TAXES GO UP. I UNDERSTAND THAT THE TRAILER PARK NEXT DOOR IS PARTICULARLY UNHAPPY THAT THE CEDAR DOOR MIGHT BE GOING IN. AND I CAN UNDERSTAND THAT. BUT THE REALITY IS THAT THAT ENTIRE AREA IS UNDER PRESSURE TO GET HIGHER INCOME BECAUSE OF THE APPRAISAL ON THE PROPERTY. THE CEDAR DOOR TO ME IS A PERFECT KIND OF USE OF THE PROPERTY. IF YOU TAKE FROM THE PERSPECTIVE OF THE TREES, THAT IT'S A SMALL BUILDING THAT FITS UNDER THE TREES AND THE PARKING IS UNDER THE TREES, AND THE CUSTOMERS CAN BE ON THE DECKS AND BE OUTSIDE AND ENJOY IT. THE INCOME WILL GO UP SOME. AND HELP SUPPORT, KEEPING THAT PROPERTY. AND HELPS KEEP THE CEDAR DOOR ALIVE, TOO. WHICH IS REALLY SOMETHING LIKE AN HISTORIC MOVING LANDMARK IN AUSTIN. ONE WOULD HOPE THAT IN SEEKING THE SHELTER OF THE TREES THAT THE CEDAR DOOR HELPS KEEP THE TREES AND THE TREES HELP KEEP THE CEDAR DOOR. SO I ASK FOR YOUR SUPPORT. THANK YOU.

THANK YOU, MS. FROST. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]NO CARRIERRINGCONNECT 2400

I HAVE BEEN A TENANT, IF YOU WILL, OF THE PECAN GROVE RV PARK FOR THE PAST 13 YEARS AND AS A VERY PLEASED NEIGHBOR OF THE APPLICANT; HOWEVER, WE HAVE — I AM ONE OF 80 FAMILY UNITS. MY UNIT IS ONE OF 80 FAMILY UNITS THAT ABUTS THE PROPERTY IN QUESTION. AND WE HAVE HAD A VERY WELL REGULATED MANAGEMENT, A VERY WELL REGULATED GROUP OF UNITS IN THAT, AS AN EXAMPLE, WE HAVE A FIVE MILES PER HOUR LIMIT IN THE PARK, WE HAVE A 15-POUND LIMIT ON THE DOG. WE HAVE QUIET HOURS FROM 10:00 O'CLOCK IN THE EVENING UNTIL 8:00 O'CLOCK IN THE MORNING. THE RESTAURANTS AROUND ABOUT HAVE BEEN QUITE ACCOMMODATING TO THAT IN THAT THEY CLOSE THEIR MUSIC OFF AT 10:00 O'CLOCK IN THE EVENING, AND SO WE'RE NOT REALLY BOTHERED BY THAT. SUMMERTIME IS A TIME WHEN WE GENERALLY SLEEP WITH OUR WINDOWS OPEN. AND TO BE NEXT DOOR TO AN ESTABLISHMENT THAT WILL BE OPEN UNTIL 2:00 O'CLOCK IN THE MORNING WITH A VERANDA WHERE THE PEOPLE WILL GO TO GET THEIR FRESH AIR AND CONVIVALITY IS GOOD FOR THEM, BUT UNFORTUNATELY NOT GOOD FOR THE NEIGHBORHOOD. AND I REPRESENT JUST ONE OF A GROUP OF US. YOU WILL SEE A BLOCK OF APPROXIMATELY EIGHT PEOPLE SITTING OVER THERE WHO RATHER OBJECT TO THIS SITUATION AND WE WOULD APPRECIATE YOUR DISAPPROVING THE APPLICATION. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MR. BURNET. MR. MCCARNNEY. AND FOLLOWING HIM, H.J. DELACY. HE DOES NOT WISH TO SPEAK, BUT IS FOR THE PROJECT. IFANK YOU. — THANK YOU.

I'M THE MANAGER OF PECAN GROVE RV PARK AND WE DO HAVE APPROXIMATELY 80 RESIDENTS THAT LIVE THERE FULL TIME. AND I WAS LOOKING AT THE PROJECT AND I SEE WHERE IF THIS IS SITUATED IN THERE, IT WILL BE JUST WITHIN 50 FEET ON THE OPPOSITE SIDE OF OUR FENCE. AND I DON'T KNOW WHETHER THAT WOULD BE CONDUCIVE TO THE ENVIRONMENT THAT WE HAVE IN THE PECAN GROVE RV PARK. AND NOW I WAS LOOKING AT THE AREA AND THERE'S — WHERE PEOPLE GO AND IF THEY WANT TO HAVE FOOD AND DRINKS NOW, THERE'S 15 PLACES ON BARTON SPRINGS ROAD WHERE THEY CAN GO NOW. I DON'T SEE WHY WE NEED ANOTHER ONE. EVERYTHING ELSE HAS ALREADY BEEN SAID AND THAT'S ALL I HAVE. THANK YOU.

MAYOR GARCIA: THANK YOU, SIR. MR. DELACY IS REGISTERED NOT WISHING TO SPEAK, BUT IN FAVOR OF. MR. A.J.LITNA. AND FOLLOWING HIM IS KATHY MIRABELLE. WELCOME, SIR.

THANK YOU, MAYOR, COUNCILMEMBERS. I'VE BEEN A RESIDENT OF PECAN GROVE RV PARK FOR ABOUT 17VEN YEARS NOW. — SEVEN YEARS NOW. IT'S NOT THAT THE NEIGHBORHOOD OBJECTS. WE'RE IN CONSTANT COMMUNICATION AND WE UTILIZE ALL THE RESTAURANTS AROUND THE AREA THROUGH HERE, BUT THE PROBLEM IS THAT WE HAVE APPROXIMATELY I WOULD SAY PRETTY CLOSE TO AT LEAST 200 TO 230 TRAILERS OR UNITS THAT THIS MOVE WILL AFFECT. IT'S NOT THAT WE OBJECT. — PERSONALLY I OBJECT TO THE CEDAR DOOR, BUT IT'S THE HOURS AND SUCH THAT THIS UNIT WILL BE OPEN. ALL OF THE OTHER RESTAURANTS HAVE CERTAIN TIMES FOR MUSIC AND SUCH AS THIS. WE'RE TALKING ABOUT A UNIT THAT WILL OPEN UP AT 4:00 O'CLOCK IN THE AFTERNOON, STAY OAK UNTIL 2:00 O'CLOCK IN THE MORNING. NOW, YOU'RE TALKING ABOUT THIS BEING RIGHT IN THE MIDDLE OF ALL OF THESE RESIDENTIAL PEOPLE HERE. I MEAN, WE'RE AUSTIN CITIZENS JUST LIKE ANYBODY ELSE IN HERE. WE REALIZE WHAT THE SITUATION IS. BUT I STRONGLY POSITION — I MEAN, WITH THE BALLPARK, THE TRAFFIC AND EVERYTHING LIKE THAT, WE KNOW ITS DEVELOPMENT IS COMING, BUT WE DON'T BELIEVE AND I DON'T BELIEVE THAT THIS SHOULD BE DROPPED RIGHT IN THE CENTER OF RESIDENTIAL AREAS. THANK YOU.

MAYOR GARCIA: THANK YOU VERY MUCH MR. LITNER. KATHY MIRABELLE? YOU CAN USE THAT ONE.

THANK YOU. IT'S AN HONOR TO SPEAK HERE. I HAVE BEEN PUBLIC RELATIONS AND DEVELOPMENT DIRECTOR FOR FAMILY ELDER CARE FOR SEVEN YEARS, AND FOR MEALS ON WHEELS PR AND DEVELOPMENT DIRECTOR SEVEN YEARS PRIOR TO THAT, BUT I FIRST BECAME AWARE OF PECAN GROVE PARK 19 YEARS AGO WHEN I MOVED TO AUSTIN TO BECOME A PRODUCER AND PR DIRECTOR FOR TEXAS MUSIC NETWORK. WE HAD OUR PRINCIPLES, OR BUTCH HANCOCK, THE LEGENDARY SINGER/SONG WRITER AND GEORGE HOWARD IS THE BEST SELLER ON THE NEW YORK LIST OF NOVELS. AND I MOVED TO PECAN GROVE PARK AT THAT TIME, BOUGHT A HOME AND MOVED IT THERE. BUTCH HANCOCK, GEORGE HOWARD AND MANY OTHER ARTISTS, WE HAVE A PROFESSIONAL WRITER HERE WITH US TODAY, LIVED IN THAT PARK AT THE TIME AND HAVE LIVED THERE FOR MANY YEARS. AND I'VE WATCHED — YOU SEE, I'VE LIVED THERE 19 YEARS. AND I'VE WATCHED AS MANY OF THE FOLKS WHO LIVE THERE, MY NEIGHBORS, HAVE BECOME OLDER. AND I DON'T HAVE TO REITERATE WHAT'S ALREADY BEEN SAID, THAT THERE ARE QUIET HOURS. THIS IS A NEIGHBORHOOD OF VERY LOVELY PEOPLE. IT'S VERY QUIET. AND CARS DON'T DRIVE THROUGH. THERE'S NO DRIVE-THROUGH IN ANY OF THE PARKS. IT'S KIND OF LIKE YOU ONLY GO IN THERE IF YOU LIVE THERE OR YOU'RE A GUEST. WE JUST WANT TO REQUEST IF YOU REZONE IT TO THIS ALCOHOL SITUATION, THAT SETS A PRECEDENT FOR OTHER ALCOHOL SITUATIONS TO COME IN. AND THAT ALWAYS BRINGS THE LATE NIGHT NOISY TRAFFIC, WHICH WILL BE RATHER DIFFICULT FOR A NUMBER OF THE ELDERS. GENTLEMAN WHO WALKS HIS LITTLE DOG ALONG THE ROAD, HE'S SO FRAIL THAT YOU FEEL LIKE IF THE WIND BLEW IT MIGHT KNOCK HIM OVER. AND HE'S ON LIMITED INCOME. HE AND MANY OTHERS WILL NOT BE ABLE TO MOVE ANYWHERE ELSE. AND SO I WOULD LIKE TO SPEAK ON THEIR BEHALF AND ASK THAT YOU NOT PASS THIS ZONING CHANGE. AS HAVE BEEN SAID BEFORE, THE RESTAURANTS THERE ON BARTON SPRINGS STAY OPEN UNTIL 10. THEY DON'T MAKE A LOT OF NOISE. IT WILL BE QUITE A SIGNIFICANT CHANGE AND IT WOULD SET A PRECEDENT THAT CONCERNS ME FOR THE ELDERS, NOT TO MENTION THE CHILDREN IN THE DAY CARE. SO THANK YOU FOR YOUR TIME.

MAYOR GARCIA: THANK YOU. COUNCIL, THAT'S ALL OF THE SPEAKERS THAT I HAVE. I'LL ENTERTAIN A MOTION — JUST A SECOND. WE HAVE TIME FOR REBUTTAL. I'M SORRY. MR. BENNETT AND MS. TOOMEY FROST?

COUNCILMEMBERS, I WOULD POINT OUT TO YOU THAT THIS PROPOSED USE IS A USE THAT'S PERMITTED AND ENTICED IN THE WATERFRONT OVERSIGHT DISTRICT. THE RV PARK, THE REMAINING PORTION OF THE SITE WILL STILL HAVE AN RV PARK ON IT, ABOUT 32 SPACES REMAINING AFTER THE AREA FOR THE CEDAR DOOR. AND AS I INDICATED TO YOU EARLIER, NONE OF THE PROPERTY OWNERS IN THIS AREA THAT WE'VE SPOKEN TO — AND I DON'T BELIEVE THERE ARE ANY HERE OPPOSED TO THIS REQUEST TODAY — HAVE INDICATED THAT IT WOULD BE A PROBLEM FOR THEM. AND WE WOULD REQUEST THAT YOU DO APPROVE THE CS-1 ZONING.

MAYOR GARCIA: MR. BENNETT, LET ME ASK YOU A QUICK QUESTION. I HAVE THIS RIGHT HERE. CAN YOU POINT ON THAT OUTLINE THAT YOU HAVE THERE AND THAT DRAWING WHICH PART OF THE PROPERTY ABUTS THE TRAILER PARK?

THE SHADED AREA WOULD BE THE AREA PROPOSED FOR THE CEDAR DOOR. THIS AREA WOULD BE THE REMAINING PORTION OF OUR RV PARK WHERE WE HAVE 32 SPACES LEFT. I BELIEVE THE SPEAKERS THAT WERE HERE ARE IN THIS RV PARK TO THE EAST OF US.

MAYOR GARCIA: OKAY. SO YOU HAVE AN RV PARK IMMEDIATELY SOUTH?

YES, SIR, IT'S AN RV PARK THAT WE OWN, THAT MS. FROST OWNS WITH RESTAURANTS UP ON THE FRONT END AT BARTON SPRINGS.

MAYOR GARCIA: OKAY. AND THEN THIS WILL HAVE HOW MANY SPACES?

ABOUT 60 SPACES, I BELIEVE, MAYOR, IS WHAT WE'RE LOOKING AT.

MAYOR GARCIA: IS THERE ANYTHING — ONE OF THE THINGS THAT HAPPENS IN THESE PLACES IS WHEN PEOPLE LEAVE THE PREMISES, SOMETIMES THEY DON'T JUST GO GET IN THEIR CAR AND LEAVE. SOMETIMES THEY HAVE DISCUSSIONS IN THE PARKING LOT. IS THERE ANY WAY TO CONTROL THAT? I THINK THAT THAT MAY BE ONE OF THE THINGS THAT PEOPLE MAY HAVE CONCERNS WITH.

WE HAVE AGREED WITH THE LAB KNEES ASSOCIATION OVER HERE AND I BELIEVE WE'RE GOING TO BE REQUIRED TO FENCE OVER THERE AND HERE. SO SHORT OF FENCING AND THE VEGETATION THAT'S THERE, WE HAVEN'T PROPOSED SECURITY IN THE PARKING LOT OR ANYTHING. WE HAVEN'T HAD THAT BEFORE. THAT MIGHT BE SOMETHING WE COULD LOOK AT.

MAYOR GARCIA: DID YOU SAY YOU WILL HAVE SECURITY?

NO, SIR, WE DON'T HAVE — HAVE NOT HAD IT CURRENTLY AT THE OTHER LOCATION. WE HAVE NOT PROPOSED TO HAVE IT HERE, BUT IT'S CERTAINLY SOMETHING WE CAN LOOK AT.

MAYOR GARCIA: YEAH. WHAT WOULD HAPPEN IF SOMEBODY STARTS A DISCUSSION OR AN ARGUMENT AND THEIR VOICES, YOU KNOW, CAN BE HEARD IN THE ABUTTING RESIDENTIAL AREA?

IF IT'S A DISTURBANCE THAT THE PROPRIETOR IS GOING TO KNOW ABOUT, THEN HE'S GOING TO CALL YOUR POLICE DEPARTMENT AND HAVE IT TAKEN CARE OF.

MAYOR GARCIA: OKAY. THANK YOU. ANY FURTHER QUESTIONS FOR MR. BENNETT? I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY — WE'RE JUST CLOSING THE PUBLIC HEARING. SLUSHER. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: QUESTIONS FOR THE STAFF OR THE APPLICANTS OR THE OPPONENTS, ANYBODY?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

MAYORTHANK YOU. THIS IS FOR STAFF, I GUESS. SO THE ZONING CASE, THAT IS THE CS-1, WHICH ALLOWS FOR LIQUOR SALES. THIS ALSO GRANTS THE NEEDED VARIANCE IN REGARDS TO THE PROXIMITY TO THE SCHOOL?

NO, IT DOESN'T. THAT WOULD HAVE TO COME, ASSUMING YOU GRANT THE ZONING. IT'S A SEPARATE ITEM AND ACTION THAT IS REQUIRED AFTER THE ZONING IS IN PLACE.

WYNN: DO WE DO IT TONIGHT OR DO YOU HAVE A SECOND POSTING?

IT HAS TO BE POSTED. WE HAVE TO GO THROUGH THE NOTIFICATION PROCESS AND POST IT AND BRING IT TO COUNCIL FOR YOUR ACTION. AND THEN JUST TO — IN ANSWER TO YOUR QUESTIONS, A COCKTAIL LOUNGE REQUIRES A CONDITIONAL USE SITE PLAN TO GOES TO THE ZONING AND PLATTEDDING COMMISSION. AND AT THAT POINT THAT COMMISSION CONCERNS EVERYTHING CONCERNING TRAFFIC NOISE AND ENSURES THAT THE PROJECT, IF YOU GRANT THE ZONING, THAT THE PROJECT IS COMPATIBLE WITH SINGLE-FAMILY DEVELOPMENT AND THE RESIDENTS WILL GET A NOTICE AND HAVE AN OPPORTUNITY TO REVIEW THE SITE PLANS TO ENSURE THAT ALL MITIGATING FACTORS HAVE BEEN ADDRESSED TO MINIMIZE ZONE AND THE ZONING AND PLATTING COMMISSION CAN ALSO ATTACH ANY CONDITIONS THEY FEEL APPROPRIATE TO MAKE THE PROJECT COMPATIBLE WITH THE RESIDENTS IN THE AREA.

WYNN: I'M PRESUMING YOU'VE DONE THIS BEFORE, BUT IT STRIKES ME AS BEING SOMEWHAT DISCONNECTED IN THAT WE HAVE THE LIQUOR ZONING VOTE TONIGHT AND THEN ALL THESE OTHER ISSUES, LIKE THE VARIANCE OF THE SCHOOL, ANY PARTICULAR SITE PLAN, YOU KNOW, LIMITATIONS BECAUSE OF ADJACENT USES OR NEIGHBORHOOD CONCERNS OR WHATEVER. I'M JUST WONDERING WHY WE DON'T TRY TO WORK THROUGH SO MANY OF THOSE IN ADVANCE AND WE COULD COME HAVE ONE ZONING CASE OR ONE COUNCIL VOTE.

WELL, TO ANSWER YOUR QUESTION IS THAT TYPICALLY — FIRST OF ALL, THE APPLICANT HAS TO SEEK A LICENSE FROM THE TEXAS ALCOHOLIC BEVERAGE COMMISSION, AND THEY ISSUE IT BASED ON THE FACT THAT THEY HAVE THE PROPER ZONING, WHICH THEY DO NOT HAVE. AND THAT TRIGGERS THE SPACING REQUIREMENT. SO THE ZONING IS KEY TO EVERYTHING ELSE THAT FOLLOWS. THE CONDITIONAL USE PERMIT ALSO HISTORICALLY APPLICANTS HAVE NOT SPENT MONEY HIRING AND ENGINEER AND NOT HAVE TO DESIGN A PLAN WITHOUT KNOWING THAT THE ZONING IS GOING TO BE APPROVED AND THAT'S THE REASON COUNCIL HAS SEPARATE ZONING AND SITE PLANS BECAUSE OF THE UNCERTAINTY — WELL, THERE ISN'T A PREDICTABILITY, THAT'S WHY. AND ALSO THE CONDITIONAL USE PERMIT ONLY GOES TO THE ZONING AND PLATTING PERMISSION AND ONLY COMES TO COUNCIL ON APEEL. — APPEAL.

WYNN: SO IN REGARDS TO THIS PARTICULAR ZONING CASE, THE CS-CO LIQUOR SALES, IF WE WERE TO GRANT THIS ZONING THIS EVENING THAT ALLOWS FOR THE LIQUOR SALES, BUT THEN FOR WHATEVER REASON, YOU KNOW, THE TABC OR SITE PLAN ISSUES OR THE VARIANCE AT THE SCHOOL, WHATEVER REASONS IT'S NOT FINALLY AND FORMALLY APPROVED, YOU KNOW, IS THERE ANY ISSUE THAT WE'VE CREATED BY — ESSENTIALLY WE'LL BE CHANGING THE ZONING FOR THIS USE, BUT THIS USE FOR WHATEVER REASON HAS BEEN APPROVED SAY IN THE NEXT FEW WEEKS, AND I'M A LITTLE CONCERNED THAT THERE MIGHT BE SOME VESTIGE ISSUE FOR THE LAND ONGOING. IS THIS CO ONLY FOR LIQUOR SALES? IT DOESN'T SOMEHOW GRANT OTHER, YOU KNOW, ADVANTAGES TO THE CS ZONING THAT'S ALREADY IN PLACE?

THE CONDITIONAL OVERLAY DOES NOT PROHIBIT ANY OTHER USES. YOUR CS-1 ZONING DISTRICT IS A DISTRICT THAT ALLOWS EVERYTHING THAT THE CURRENT ZONING ALLOWS, WHICH IS CS, AND YOUR ADDED USE HERE IN THIS CASE WOULD BE THE LIQUOR SALES, WHICH ARE REFERRED TO AS A COCKTAIL LOUNGE, WHICH IS DESIGNATED AS A CONDITIONAL USE. WHILE YOU HAVE THAT ZONING, YOU RUN ALL THE OTHER USES THAT ARE PERMITTED, THIS PARTICULAR USE ON THE SITE HAS TO BE APPROVED, AT LEAST ANOTHER TEST, IF YOU WILL, THROUGH THE PLANNING COMMISSION. SO, FOR EXAMPLE, YOU COULD GRANT THE ZONING AND THE PLANNING COMMISSION MAY DECIDE NOT TO GRANT THE CONDITIONAL USE PERMIT, SO THE ZONING IN ITSELF DOES NOT GUARANTEE THAT ALL THE OTHER PREREQUISITES WILL BE GRANTED OR THAT THEY WILL BE PURSUED. SO I DON'T KNOW IF THAT'S WHAT YOU'RE TRYING TO GET AT. ARE YOU GOING TO LOOK AT IF THIS IS NOT USED FOR THE INTENDED USERS, YOU WANT TO FIND A WAY TO ROLL BACK THE ZONING IF IT'S NOT USED?

I GUESS MY QUESTION IS PERHAPS THAT'S NOT NEEDED IF ALL THIS ZONING DOES IS ALLOW FOR THIS PARTICULAR — THE LIQUOR SALES FOR A COCKTAIL LOUNGE AND FOR WHATEVER REASON A COCKTAIL LOUNGE ISN'T APPROVED BY US OR SOMEBODY ELSE LATER, I GUESS I'M LOOKING FOR SOME ADVICE THAT WE HAVEN'T, YOU KNOW, CHANGED THE CHARACTER OR THE NATURE OF THE UNDERLYING ZONING BY THIS ACTION TODAY.

OKAY. I DON'T THINK THAT YOU WOULD CHANGE THE NATURE OF THE CHARACTER AS ALL BECAUSE THE AREA IS ALREADY ZONED CS, AND CS-1 IS REALLY A VEHICLE THAT ALLOWS A USE CONDITIONALLY AFTER HAVING MET THE TESTS THAT I JUST DESCRIBED EARLIER.

WYNN: MY LAST COMMENT, MAYOR, IS I WOULD BE A LITTLE MORE COMFORTABLE IF SOME OF THESE OTHER DISCUSSIONS WERE ALSO HAD. THAT IS, GO AHEAD AND HAVE, YOU KNOW OWE I DON'T KNOW WHETHER IT REQUIRES MEDIATION OR ANYTHING, BUT GO AHEAD AND HAVE THE DISCUSSION OF THE NEIGHBORS UP AND DOWN TOOMEY ROAD. FRANKLY, IT'S A NEAT LITTLE STREET, SO AS OPPOSED TO DOING THE ZONING NOW AND OBVIOUSLY THE PROPERTY OWNER IS GOING TO HAVE TO GO THROUGH SOME PROCESS TO MAKE SURE THE TABC LIKES IT, MAKE SURE THERE'S NOT AN ISSUE WITH NEARBY SCHOOL, ETCETERA, IT'S ALMOST — I'M ALMOST AFRAID TO SOMEWHERE GIVE AN ARENA OR FORUM FOR THOSE DISCUSSIONS TO BE HAD IN ADVANCE. BUT I'D CERTAINLY LISTEN TO OTHER SUGGESTIONS.

MAYOR GARCIA: I THINK THAT THE PROBLEM IS PROCESS. THEY CANNOT GO TO TABC AND APPLY, CORRECT, UNTIL THEY HAVE THE ZONING.

CORRECT. AND THEN THEY CANNOT BRING THE VARIANCE FORWARD WITHOUT THE ZONING EITHER.

MAYOR GARCIA: AND WHEN THEY GET TO TABC THEY HAVE TO COME BACK HERE —

THE SPACING REQUIREMENT. THEY KNOW THAT ALREADY. YOU NEED, NUMBER ONE, TO HAVE THE ZONING IN PLACE. AND THAT REALLY CAN SOLVE EVERYTHING ELSE. AT THAT POINT ONCE THE ZONING IS IN PLACE THEY HAVE TO GET —

MAYOR GARCIA: IS THAT A CONDITIONAL USE PERMIT OR WHAT?

YES, SIR, THEY NEED A CONDITIONAL USE PERMIT FOR THE COCKTAIL LOUNGE.

MAYOR GARCIA: ARE YOU SAYING YOU WOULD LIKE TO DO A CONDITIONAL USE PERMIT AT THE SAME TIME OF THE ZONING IT? IT APPEARS IT CAN'T BE DONE BECAUSE OF THE WAY THE PROCESS WORKS.

WYNN: ULTIMATELY MY CONCERN IS JUST TO MAKE SURE THAT THE SIGHTING, THAT THE ADJACENT USES, THAT IT'S POSSIBLE THAT THERE'S NOT AN ISSUE WITH THE SCHOOL. OUR ZACHARY SCOTT THEATER IS RIGHT ACROSS THE STREET AND THERE ARE SOME BALL FIELDS AND THERE'S SORT OF A A GREAT MIXED USE STREET. AND SO IF THERE'S GOING TO NEED TO BE A CONDITIONAL USE PERMIT BROUGHT BACK TO US AT A LATER TIME OR THE VARIANCE OF THE SCHOOL, ETCETERA, THEN I DON'T SEE THE PROCESS RATIONAL FOR THE ZONING AND ALLOWING OTHER THINGS TO GO FORWARD. I HATE TO PERHAPS SEND TOO STRONG A SIGNAL, FRANKLY, BY APPROVING THE ZONING TONIGHT THAT, YOU KNOW, IN MY CASE AT LEAST THAT I'D BE APPROVING EVERYTHING ABOUT THE PROJECT.

I THINK MARTY TERRY IS TRYING TO RESPOND TO QUESTIONS.

LET ME SEE IF I CAN TRY AND HELP YOU WITH THIS. THE CS-1 ZONING DOES NOT CREATE ANY KIND OF INVESTING IN TERMS OF A VESTED INTEREST IN — OR HAVING A RIGHT TO ENGAGE IN, SAY, LIQUOR SALES. IT DOES NOT CREATE A RIGHT. IT MERELY IS THE UNDERLYING ZONING WHICH THEN ALLOWS THE PROCESS FOR THE APPLICATION FOR CONDITIONAL USE PERMIT. NOW, WHEN — I SAY THAT, BUT AT THE SAME TIME WHAT I WILL ALSO TELL YOU IS THAT THERE IS NO PROHIBITION AGAINST THE APPLICANT MAKING THAT APPLICATION OR THE APPLICANT FOR ZONING MAKING THAT APPLICATION AT THE SAME TIME AND BRINGING THOSE PROCESSES ALONG A DUAL TRACK. IT'S YIEWS THAT THE CONDITIONAL USE PERMIT MAY NOT BE GRANTED UNTIL THE ZONING IS IN PLACE. THE TABC WILL MOST LIKELY NOT CONSIDER OR GRANT THE ALCOHOLIC BEVERAGE PERMIT WITHOUT THE APPROPRIATE ZONING AUTHORIZATION BEING PLACED — IN PLACE. AND THE REASON FOR THAT IS VERY LOGICAL, AND THAT IS FOR THEM TO GRANT THAT PERMIT WHEN THE APPROPRIATE ZONING ISN'T EVEN IN PLACE IS KIND OF A FUTILE ACT ON THEIR PART. SO THERE ARE ADDITIONAL STEPS THAT HAVE TO BE SATISFIED, AND THE CS-1 ZONING IS THE BASIC BUILDING BLOCK, IF YOU WILL. IT DOES NOT CREATE A RIGHT TO THOSE — TO RECEIVE EITHER THE CONDITIONAL USE PERMIT OR THE GRANTING OF THE PERMIT FROM TABC OR, FOR THAT MATTER, YOUR CONSIDERATION OF ANY ISSUES ALONG DOWN THE LINE ABOUT THE WAIVER OF THE DISTANCES BETWEEN THE SCHOOL. THAT STILL IS A PROCESS THAT FOLLOWS. AND THE — WHEN YOU — WHEN THE ISSUE COMES FORWARD ABOUT THE WAIVER, FOR EXAMPLE, FROM THE DISTANCE, IF THERE IS A DISTANCE WAIVER INVOLVED, IF THERE IS A PROBLEM THERE AND THERE NEEDS TO BE A WAIVER, THAT CAN ONLY BE DONE AFTER TABC TAKES ITS ACTION. SO IT IS A MULTI-STEP PROCESS. THE CONDITIONAL USE PERMIT MAY NOT COME TO YOU. IT MAY NOT BE APPEALED TO YOU. THIS IS NOT SOMETHING YOU HEAR AS A MATTER. OF COURSE, THERE ARE MANY CONDITIONAL USE PERMITS THAT ARE GRANTED BY THE COMMISSION, THE ZONING AND PLATTING COMMISSION, THAT NEVER COME HERE BECAUSE THEY CONL COME HERE ON — THEY ONLY COME HERE ON AN APPEALED TRACT. SO TO WAIT FOR IT TO COME FORWARD, I CAN'T PREDICT FOR YOU WHETHER OR NOT THAT CONDITIONAL USE PERMIT WILL BE APPEALED, BUT TO WAIT FOR IT TO COME FORWARD, IT MAY NOT COME FORWARD IS WHAT I'M SAYING. SO THE BOTTOM LINE IS THE ZONING IS THE BUILDING BLOCK. IT CUTS OFF EVERYTHING DOWN THE ROAD IF THE COUNCIL'S DESIRE IS TO NOT GRANT THE ZONING. IF THE COUNCIL'S DESIRE IS TO GRANT THE ZONING, IT CREATES NO VESTED RIGHT TO RECEIVE THE ADDITIONAL APPROVALS NECESSARY TO ACTUALLY ENGAGE IN LIQUOR SALES. I HOPE THAT WAS HELPFUL. MAYOR MAYOR QUESTION. WE CANNOT —

MAYOR GARCIA: QUESTION. WE CANNOT GRANT THE CONDITIONAL USE PERMIT IN A WAIVER OF DISTANCE BEFORE THEY GET APPROVAL FROM TABC?

THE ISSUE WILL NOT BE BEFORE YOU UNTIL — THE ISSUE WON'T BE BEFORE YOU UNTIL TABC ALLOWS THEM TO HAVE A LIQUOR LICENSE BECAUSE THE GRANTING OF THE CONDITIONAL USE PERMIT AND THE GRANTING OF THE WAIVER OF THE DISTANCE FROM THE SCHOOL, IF THAT IS NECESSARY, IS ALL HINGED UPON THEM HAVING THE APPROPRIATE STATE AUTHORITY.

MAYOR GARCIA: FURTHER QUESTIONS OR COMMENTS?

GRIFFITH: YES, MAYOR.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: MS. TERRY, IF THERE WERE INTEREST IN, SAY, MORE FENCING OR IN LOCATING THE BUILDING IN A SLIGHTLY DIFFERENT WAY, WHEN WOULD THE RIGHT TIME BE TO TALK ABOUT THAT? I DON'T THINK IT'S NOW, DO YOU? OR IS IT?

MARTY, THE APPROPRIATE TIME FOR THAT WOULD BE THE SITE PLANNING STAGE WHEN THEY DESIGN THE PLAN. THE ZONING AND PLATTING COMMISSION UNDER THE CONDITIONAL USE PERMIT ASSESSMENT CRITERIA, THEY HAVE A LIST OF CRITERIA THAT THEY HAVE TO USE TO DETERMINE COMPATIBILITY, NOISE, ALL THOSE FACTORS, ISSUES THAT HAVE BEEN RAISED. AND THAT GUIDES THEM AS TO HOW THE PROJECT NEEDS TO BE REDESIGNED OR SCREENED FURTHER TO MITIGATE SOME OF THE CONCERNS THAT YOU'VE HEARD. SO THAT'S THE BEST TIME TO DISCUSS THOSE TIMES, AT THE ZONING AND PLATTING COMMISSION LEVEL.

THE REASON WHY I WAS PAUSING IS THAT IT'S NEVER TOO EARLY TO BEGIN THOSE DISCUSSIONS.

GRIFFITH: THAT'S AN EXCELLENT POINT.

BUT THE PROCESS IS IT IS A SITE PLAN — THAT'S WHAT IS CONSIDERED AS THE SITE PLAN. BUT IT IS NEVER TOO EARLY TO BEGIN THOSE DISCUSSIONS. IN FACT, THAT SORT OF HELPS SPEED THE PROCESS ALONG.

GRIFFITH: GOOD POINT. THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS OR DISCUSSION? IS THERE A MOTION?

MAYOR GARCIA: THERE BEING NO MOTION, THIS ITEM —

SLUSHER: WELL, I'M INTERESTED IN WHAT COUNCILMEMBER WYNN WAS SAYING ABOUT PUTTING THE ITEMS TOGETHER. I'VE TRIED OF MOVE THE DISCUSSION, BUT WHAT ARE THE THINGS THAT NEED TO HAPPEN BEFORE US, BEFORE THIS WOULD HAPPEN? I KNOW THERE'S THE CONDITIONAL USE PERMIT.

MAYOR GARCIA: THAT MAY NOT COME —

SLUSHER: IT MAY NOT BECAUSE IT GOES TO PLANNING COMMISSION FIRST.

MAYOR GARCIA: WHAT ABOUT THE WAIVERS FOR DISTANCE?

THAT WILL NOT COME UNTIL THE ALCOHOLIC BEVERAGE PERMIT ACTUALLY GETS — IT GETS ISSUED AND UNTIL THE CONDITIONAL USE PERMIT IS GRANTED OR DENIED OR WHATEVER. AND THE REASON WHY I'M PAUSING IS — THE REASON WHY I'M PAUSING IS BECAUSE A LOT OF THIS IS GOING TO HINGE ON THE TABCC AND THEIR GRANTING OF THE ALCOHOLIC BEVERAGE PERMIT THAT THEY NEED TO GRANT. THEN IT IS UP TO THE COUNCIL TO CONSIDER THE DISTANCE REQUIREMENT IF THOSE DISTANCE REQUIREMENTS ARE AN ISSUE.

SLUSHER: AFTER THE ALCOHOLIC BEVERAGE PERMIT IS ISSUED, AND THEY CAN'T APPLY FOR THAT UNTIL THEY HAVE THE ZONING, IS THAT CORRECT?

HANG ON. I'VE GOT —

GREG GURN ANY, NEIGHBORHOOD AND PLANNING DEPARTMENT MUCH AT ONE TIME I WAS THE SUPERVISOR OF THE SECTION THAT TOOK CARE OF THE ALCOHOLIC BEVERAGE WAIVERS, SO LET ME EXPOUND A LITTLE BIT. THE ZONING WOULD TAKE PLACE FIRST AND THAT WOULD ALLOW FOR THE CONDITIONAL USE PERMIT PROCESS TO GO FORWARD. THE COMMISSION CANNOT EVEN CONSIDER THE CONDITIONAL USE PERMIT FOR THE COCKTAIL LOUNGE UNTIL THE ZONING IS ACTUALLY APPROVED. ONCE THE CONDITIONAL USE PERMIT IS APPROVED, THERE'S AN APPLICATION THAT IS FILED, GOES THROUGH A PROCESS, AND ONE OF THOSE WILL COME TO THE ZONING SECTION. AND THERE'S SEVERAL QUESTIONS ON THE APPLICATION FOR THE ALCOHOLIC BEVERAGE PERMIT TO GET THE RIGHT ZONING. IS THERE A CONDITIONAL USE PERMIT REQUIRED? WE COULD SAY YES TO THE ZONING. IF IT PERMITS THEM TO SAY YES TO THAT, BUT THE PROBLEM IS WE WON'T BE ABLE TO SAY YES TO THE APPLICATION BECAUSE IT'S WITHIN 300 FEET OF A DAY CARE ON THE PARK SIDE FROM THE SCHOOL. SO THAT ISSUE AFTER THE CONDITIONAL USE PERMIT AND THE ZONING ISSUE ARE RESOLVED, WE THEN COME BEFORE THE COMMISSION, THERE'S NOTICE THAT — VERY SIMILAR TO A ZONING CASE, THE PROPERTY OWNERS WITHIN 300 FEET. I THINK THERE'S A PINK SIGNPOSTED ON THE PROPERTY INSTEAD OF A YELLOW SIGN FOR ZONING AND IT WOULD BE PLACED ON THE AGENDA. THERE'S NO COMMISSION REVIEW OF THE WAIVER. IT COMES DIRECTLY TO THE COUNCIL FOR APPROVAL OR DENIAL.

GREG, WHERE IS THE TABC PERMIT IN THAT?

THAT'S PART OF THE TABC PERMIT PROCESS. IF THE COUNCIL GRANTS THAT AND THE APPLICANT MEETS THE OTHER STATUTORY REQUIREMENTS OF THE STATE, THEN THAT PERMIT CAN ACTUALLY BE ISSUED. BUT IT WILL BE HELD IN ABAINS — ABEYANCE UNTIL COUNCIL APROVES IT. THAT'S CONTINGENT ON THE OTHER ITEMS HAPPENING.

SLUSHER: WELL, MAYOR, I GET THE SENSE THAT THE COUNCIL'S NOT — WOULD LIKE TO HAVE A LITTLE BIT MORE TIME TO DISCUSS THIS. I WOULD MOVE APPROVAL ON FIRST READING.

MAYOR GARCIA: OKAY. THERE'S A MOTION TO APPROVE ON FIRST READING. IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION?

WYNN: YES, MAYOR.

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: JUST A SUGGESTION. I'LL BE SUPPORTING THE FIRST READING. I GUESS WHAT I'M ALSO LOOKING FOR IS I GUESS AS PART OF THE APPLICANT'S SITE PLAN WORK AS HE OR SHE BEGINS TO CONTEMPLATE THE APPLICATION FOR A CONDITIONAL USE PERMIT, THAT THERE'S A FORUM OF SOME TYPE FOR SOME OF THE ADJACENT PROPERTY OWNERS. EVEN THOSE THAT AREN'T CONTESTING THE ZONING, BUT THOSE DIFFERENT MIXED USE PROPERTY OWNERS UP AND DOWN TOOMEY AND HAVE AN OPPORTUNITY FOR AN INFORMAL, BUT HOPEFULLY PRODUCTIVE, YOU KNOW, CHARRETTE OF DECISIONS AND OF THINKING ABOUT THE STREET AND HOW BEST TO UTILIZE, YOU KNOW — INCLUDE OUR PARKS DEPARTMENT AS AN EXAMPLE IN HOW BEST TO UTILIZE THE EXISTING PARKING ACROSS THE STREET AND THOSE SORTS OF THINGS. SO PERHAPS THERE CAN BE JUST A BETTER, BROADER DISCUSSION ABOUT HOW TO SORT OF MAXIMIZE THE MIXED USE NATURE OF THAT STREET WHILE RESPECTING THE MANY DIFFERENT USES THAT ARE ON THERE.

WE CAN FACILITATE THAT KIND OF DISCUSSION.

MAYOR GARCIA: AND ALSO TO THE APPLICANT, ONE OF THE THINGS THAT I WOULD LIKE TO DO IS MAKE SURE THAT YOU HAVE EXTENSIVE DISCUSSIONS WITH THE OWNERS OF THE SCHOOL, THE MONTH SORRY SCHOOL DOWN THE STREET. I THINK AS A FORMER SCHOOL BOARD MEMBER THAT THAT ALWAYS CONCERNS ME, THAT WE HAVE APPROPRIATE CONTACT, APPROPRIATE — WE'LL HAVE TO GET A WAIVER FOR DISTANCE IF WE FIND SOME OTHER WAYS TO MITIGATE IMPACT. OF COURSE, THIS DOESN'T OPEN UP UNTIL WHEN, FIVE?

I BELIEVE ACTUALLY ABOUT 4:00 O'CLOCK, MAYOR, WHICH IS AFTER THE SCHOOL CLOSES. IF I MAY, WE HAVE HAD A DIALOGUE WITH THE SCHOOL MANAGER AND ALSO THE PROPERTY OWNER WHERE THE SCHOOL IS LOCATED, AND WE ARE EVEN TODAY IN DIALOGUE WITH THE PROPERTY OWNER'S AGENTS ON THAT PROPERTY. SO WE ARE DISCUSSING ITEMS.

MAYOR GARCIA: OKAY. FURTHER DISCUSSION ON THE FIRST READING? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO.

THOMAS: NO.

THAT IS ON STAFF RECOMMENDATION.

MAYOR GARCIA: YES. THE NO BY COUNCILMEMBER THOMAS?

HOMAS: YES.

MAYOR GARCIA: SO IT PASSES ON A VOTE OF FIVE-FIVE-1 WITH COUNCILMEMBER THOMAS VOTING NAY.

CASE NUMBER Z-4 IS C-14-01-086 AT 3039-3101 STATE HIGHWAY 71 AND 2908 300 HAD MELDRUM ROAD. THE APPLICANT IS SEEKING A CHANGE TO LIMITED INDUSTRIAL SERVICES FOR TRACTS 1 AND 2. THE ZONING AND PLATTING COMMISSION RECOMMENDATION WAS TO GRANT CS WITH A CONDITIONAL OVERLAY. THE CONDITIONAL OVERLAY PROHIBITS SEVERAL USES, WHICH INCLUDE ADULT ORIENTED BUSINESSES AND PAWN SHOPS. THE APPLICANT DOES NOT DISAGREE WITH THE USES THAT ARE BEING PROHIBITED BOTH BY STAFF AND THE PLANNING COMMISSION. THE APPLICANT ONLY IS OBJECTING TO ONE USE PROHIBITION, WHICH IS CONVENIENT STORAGE. AND I'LL LET THE APPLICANT SPEAK TO WHY HE OBJECTS TO THAT PROHIBITION AND I'LL BE GLAD TO RESPOND TO ANY QUESTIONS.

MR. MCHONE, WELCOME, SIR.

THANK YOU. GLAD TO BE BACK. THIS CASE, AS MS. GLASGO HAS EXPLAINED TO YOU, IS IN THE AIRPORT OVERLAY ZONE AND IT'S DISCOURAGED FROM BEING — PROHIBITED FROM BEING USED AS A RESIDENTIAL. SO THE INTERIM ZONING THAT WAS — OCCURRED WHEN THE PROPERTY WAS ANNEXED IN WITH THE CITY WITH THE DEVELOPMENT OF THE AIRPORT IS NOT APPROPRIATE. I HAVE THREE PROPERTY OWNERS. THIS PROPERTY HAS BEEN USED INDUSTRIALLY FOR A NUMBER OF YEARS ON PART OF IT, THE CONCRETE BLOCK PLANT OWNED BY WAYNE WRIGHT REPRESENTS THE FOUR LOTS TO THE EAST, TWO ON MEL MELDRUM AND TWO ON THE HIGHWAY. THREE OF THE LOTS, TWO FACING THE HIGHWAY AND ONE FACING MELDRUM ARE OWNED BY JESSE AND BENOFF RA VEL. AND THE REMAINING LOT FACING MELDRUM AND THE RR LOT IS OWNED BY BRUCE AND SHERRY HYDE. THEY HAVE COMBINED THEIR EFFORTS HERE TO SEEK A ZONING CHANGE THAT WOULD ALLOW THEM TO SELL THIS PROPERTY AND HAVE IT REDEVELOPED IN A USE THAT IS MORE CONSISTENT WITH BEING ON A MAJOR ARTERIAL OR HIGHWAY LIKE IT IS. IN TALKING WITH THE OWNERS, MR. WRIGHT IS IN AUSTRALIA, LIVES THERE NOW, AND THE OTHER, BRUCE AND SHERRY HYDE, WHICH WERE NOT AT THE ZONING AND PLATTING COMMISSION MEETING AND THESE CHANGES WERE MADE AT THE DIE IS AS, — DAIS, THEY WOULD LIKE TO HAVE THE COUNCIL RECONSIDER THE POSSIBILITY OF ADDING THE MINI-WAREHOUSE AND THE WAREHOUSE AND — LIMITED WAREHOUSE AND DISTRIBUTION USES BACK TO THE CS. THEY HAVE NO OBJECTIONS TO CS AND ANY OTHER, AND THE CONDITIONS OF LIMITING THE OTHER USES THAT ARE MENTIONED BY MS. GLASGO AND THE BUFFERING THAT WOULD NEED TO OCCUR ALONG MELDRUM. THEY ARE SENSITIVE TO THE FACT THAT THE CITY WOULD LIKE TO HAVE THIS LOOK AS NICE AS POSSIBLE FROM THE HIGHWAY AND WOULD AGREE IF THOSE TWO USES ARE ADDED THEY WOULD DO A VEGETATIVE BUFFER OF 15 FEET ALONG THE HIGHWAY AS WELL IF THOSE TWO USES ARE USED. THEY JUST HAVE BEEN IN CONTACT WITH THE REAL ESTATE BROKER WHO SEEMS TO BELIEVE THAT THIS IS THE KIND OF USE THAT WOULD BE APPROPRIATE FOR THIS AREA GIVEN THAT IT'S ACROSS THE STREET OR VERY CLOSE TO THE AIRPORT, THE MINI-WAREHOUSES AND THE LIMITED WAREHOUSING AND DISTRIBUTION. I SHOULD NOTE THAT THE FAST FOOD RESTAURANT IS A NEW ITEM THERE. IT'S SONIC, WHICH IS ON HIGHWAY AND SHEDLOCK — SHEVOIGT. THERE'S SOME TALK ABOUT REALIGNING 973 IN THAT AREA TO CROSS NEAR THAT WAY TO TAKE OUT THE DOG LEG AS IT CROSSES THE COLORADO RIVER, SO THIS WILL BECOME A MAJOR INTERSECTION, IF YOU WILL, REAL CLOSE TO THIS PROPERTY. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. THAT'S THE CONCERN OF THE PROPERTY OWNERS AND THEY WOULD LIKE TO GET THOSE TO YOU SO AS TO INCREASE THE MARKETABILITY OF THE PROPERTY. THANK YOU.

SLUSHER: THANK YOU, MR. MCHONE. ANY QUESTIONS FOR MR. MCHONE? OKAY. I DON'T SHOW ANY SPEAKERS ON THIS ITEM, IS THAT CORRECT? IS ANYBODY HERE SIGNED UP TO SPEAK ON THIS ITEM? OKAY. DO WE HAVE A MOTION? DISCUSSION?

WYNN: YES. SO WE'RE POSTED FOR FIRST READING? MS. GLASGO?

YES, COUNCILMEMBER WYNN, FIRST READING ONLY.

WYNN: COUNCILMEMBER SLUSHER, I'LL MOVE APPROVAL ON FIRST READING.

SLUSHER: IS THERE A SECOND?

THOMAS: SECOND.

SLUSHER: MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER THOMAS. ANY DISCUSSION? ALL — OH, COUNCILMEMBER ALVAREZ?

ALVAREZ: I WANTED TO GO AHEAD AND ADD THE WAREHOUSING — LIMITED WAREHOUSING AND WAREHOUSING AND DISTRIBUTION —

AS CONVENIENT STORAGE? THOSE ARE THE TWO THINGS HE ASKED FOR.

ALVAREZ: I THOUGHT HE WAS JUST ASKING FOR LIMITED WAREHOUSING AND WAREHOUSING DISTRIBUTION.

THERE ARE TWO AREAS. WAREHOUSING DISTRIBUTION IS ONE AREA AND THEN CONVENIENT STORAGE.

ALVAREZ: THAT'S RIGHT. WELL, I WOULD ADD THAT AS A FRIENDLY AMENDMENT.

WYNN: I'LL ACCEPT THAT.

SLUSHER: COUNCILMEMBER THOMAS, DO YOU ACCEPT THAT?

THOMAS: YEAH.

SLUSHER: THIS IS FIRST READING, COUNCILMEMBER WYNN? ANY MORE COMMENTS OR QUESTIONS? ALL KNOWS THOEZ IN FAVOR.

AYE.

SLUSHER: IS PASSES FIVE-0 WITH THE MAYOR AND THE MAYOR PRO TEM OFF THE DIAS. AND THE MAYOR IS BACK. THE MAYOR JUST REMINDED ME I NEGLECTED TO CLOSE THE PUBLIC HEARING. WOULD ANYONE LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING? MAYOR MAKES THE MOTION. COUNCILMEMBER WYNN SECONDS. ALL IN FAVOR? IT PASSES SIX-0 WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DIAS.

MAYOR, THAT CONCLUDES THE REGULAR ZONING CASES. THE REMAINING TWO CASES ARE ITEMS NUMBERS 48, WHICH IS A NEIGHBORHOOD PLAN, AND 49, WHICH IS A COMPANION REZONING TO IMPLEMENT THE PLAN.

MAYOR GARCIA: OKAY.

WOULD YOU LIKE FOR US TO PROCEED WITH THOSE TWO.

OKAY. STEVE BARNEY, WHO IS THE LEAD PLANNER FOR THIS NEIGHBORHOOD PLAN IS GOING TO MAKE A PRESENTATION TO THE NEIGHBORHOOD PLAN AND THE REZONING WILL FOLLOW.

STEVE FARNEY, NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. THE FIRST ITEM IS A PLAN ITSELF, INCLUDING THE FUTURE LAND USE MAP, AND THE SECOND ITEM WILL BE THE ZONING. MY PLAN WAS TO DO ABOUT A FIVE-MINUTE PRESENTATION ON THE PLAN AND THEN I KNOW THE NEIGHBORHOOD REPRESENTATIVES ARE ALSO HERE WHO ARE INTERESTED IN SPEAKING ON THE PLAN. THIS IS — FOR ITEM 49 —

MAYOR GARCIA: COULD I INTERRUPT YOU FOR A MINUTE. NOBODY IS HERE TO SPEAK. THERE'S CARDS THAT PEOPLE SIGNED UP, BUT IF YOU DID NOT SIGN A CARD FOR ITEM 48 OR 49, YOU NEED TO GO OUTSIDE AND SIGN A CARD.

NO, WE ORDERED THE CARDS IN THE ORDER WE WOULD LIKE TO SPEAK AND GAVE THEM TO THE REPRESENTATIVE OUTSIDE.

MAYOR GARCIA: AND THEY'RE COMING AS WE SPEAK. BACK TO YOU, SIR. SORRY FOR THE INTERRUPTION.

DOES THIS STILL FIT IN WITH THE GAME PLAN? I KNOW THERE'S LIVE MUSIC AT 5:30.

MAYOR GARCIA: SORRY?

I JUST WANTED TO MAKE SURE WE WERE STILL OKAY WITH TIME.

MAYOR GARCIA: WE'RE FINE.

I WOULD ALSO LIKE TO ACKNOWLEDGE STAFF PLANNER STEVE ROSTER, WHO BASICALLY DID ALL THE WORK HELPING NEIGHBORHOOD DEVELOP A CONSENSUS BASED PROCESS. THEY COULD DEVELOP THE RECOMMENDATIONS UP TO THIS POINT. THERE ARE HANDOUTS IN FRONT OF YOU. THERE ARE A CURRENT LAND USE AND ZONING MAP AND A MAP SHOWING THE TRACTS TO BE REZONED. THE NORTH LOOP NEIGHBORHOOD PLANNING AREA IS BOUNDED BY KOENIG IN THE NORTH, I-35 IN THE EAST, 45TH STREET IN THE SOUTH, THEN UP RED RIVER TO 51ST STREET AND OVER TO LAMAR IN THE WEST. THE NEIGHBORHOOD FOLLOWED THE STANDARD NEIGHBORHOOD PLANNING PROCESS. I WON'T GO INTO THAT, BUT WILL BE AVAILABLE FOR QUESTIONS ON THAT. A COUPLE OF HIGHLIGHTS, THIS WAS A PLANNING TEAM THAT WAS VERY ACTIVE IN DOING A LOT OF DOOR TO DOOR DIRECT OUTREACH, AND THEY ALSO CHOSE TO HAVE MEETINGS FOCUSED ON SPECIFIC COMMERCIAL CORRIDORS, RECOGNIZING THAT NOT EVERYONE CAN ATTEND EVERY MEETING. THEY TRIED TO MOVE THE MEETINGS AROUND A BIT. LIKE ALL OTHER NEIGHBORHOOD PLANNING AREAS, THEY CONDUCTED A FINAL SURVEY, MAILING A DRAFT PLAN TO ALL RESIDENTS, PROPERTY OWNERS AND BUSINESS OWNERS, AND THEY RECEIVED AN 88% FAVORABLE RESPONSE ON THAT. THE NEIGHBORHOOD VISION CAN BE SUMMED UP AS ALL FUNCTIONS OF DAILY LIFE WITHIN WALKING DISTANCE. AND THIS CAN BE ELABORATED IN A NUMBER OF THEIR GOALS. THEIR PRINCIPAL GOAL IS TO ENCOURAGE WELL DESIGNED NEIGHBORHOOD DEVELOPMENT THAT PROVIDES THE NEEDS OF EVERYDAY LIFE, SHOPPING, EMPLOYMENT, ETCETERA IN LOCATIONS THAT ARE READILY AND SAFELY ACCESSIBLE WITHIN WALKING DISTANCE FROM WHERE PEOPLE LIVE. IN TERMS OF FUTURE LAND USE, THIS CAN BE BEST BROKEN DOWN INTO RESIDENTIAL AREAS AND COMMERCIAL CORRIDORS. LOOKING AT RESIDENTIAL AREAS, THE LAND USE PRINCIPLES THEY FOCUSED ON WERE FOR PROPERTIES THAT ARE USED AS RESIDENTIAL, BUT HAVE A COMMERCIAL BASED DISTRICT ZONING AS A MIXED USE COMBINING DISTRICT, ADD A CONDITIONAL OVERLAY TO ANY COMMERCIALLY ZONED PROPERTY WITHIN THE RESIDENTIAL AREA OF THE NEIGHBORHOOD AND ALLOW SMALL SCALE INFILL DEVELOPMENT THROUGH SECONDARY APARTMENT AND SMALL LOT AMNESTY SMART GROWTH SPECIALTY USES AND ALSO ALLOW THE CORNER STORE SMART GROWTH INFILL SPECIAL USE. DETAILS WITH CONDITIONAL OVERLAYS WILL BE PRESENTED DURING THE ZONING PART, THE ZONING ITEM. FOR COMMERCIAL CORRIDORS, THESE INCLUDE FOR THE NEIGHBORHOOD NORTH LOOP, AIRPORT, I-35, KOENIG AND I-35 FRONTAGE ROAD. AND THESE ARE SOME OF THE GENERAL THINGS THEY LOOKED AT FOR THE COMMERCIAL CORRIDORS, MIXED USE, PEDESTRIAN ENVIRONMENTS, STREETSCAPE. AND THE LAND USE PRINCIPALS THEY LOOKED AT WITH THE COMMERCIAL CORRIDORS WERE TO KEEP THE EXISTING COMMERCIAL ZONING, BUT ADD A CONDITIONAL OVERLAY, ADD MIXED USE TO COMMERCIALLY ZONED PROPERTIES EXCEPT ON THE FRONTAGE ROAD AND ADD THE NEIGHBORHOOD URBAN CENTER USE TO APPROPRIATE LARGER SITES. AND THIS CONCLUDES THE STAFF PRESENTATION ON THE NEIGHBORHOOD PLAN. I'LL BE AVAILABLE FOR QUESTIONS OR WE CAN DO QUESTIONS AFTER YOU'VE HEARD FROM THE NEIGHBORHOOD.

MAYOR GARCIA: QUESTIONS FOR STAFF? IF NOT, WE'LL START WITH THE PUBLIC TESTIMONY. MR. JIM CHRISTIANSON DOES NOT WISH TO SPEAK, BUT WANTS ME TO READ THE FOLLOWING: I ATTENDED OVER 30 MEETINGS ON THIS PLAN. THE PLAN CHANGED FIVE TIMES — NUMBER ONE, PLAN CHANGED FIVE TIMES IT WAS PRESENTED AND SENT TO PROPERTY OWNERS AND TEZ RESIDENTS. WHY SO MANY PEOPLE IF THEY ARE NOT MAKING MAJOR CHANGES? PLAN HAS NO ACTION ITEM ON DAY LABOR SITE. MANY I-35 NEIGHBORS LIKED THIS PLAN BECAUSE THEY WERE DISGUSTED. NUMBER THREE, HYDE PARK NEIGHBORHOOD ASSOCIATION LEFT OUT OF THE PLAN. AND THEN THE NEXT SPEAKER IS MR. MATT HALLO, AND — HALAND. AND HE HAS SIX MINUTES BECAUSE MR. DAVID PAPPAS GAVE THREE MINUTES. SO MR. HALAND?

[ INAUDIBLE ]

MAYOR GARCIA: CAN YOU COME TO THE MIC? I CAN'T HEAR YOU FROM HERE.

OUR PLANNING CHAIR, BILL YODER, SHOULD BE THE FIRST SPEAKER IN THAT ORDER.

MAYOR GARCIA: WHAT'S HAZARD NAME?

BILL YODER.

MAYOR GARCIA: OKAY. I'LL GET TO THAT.

AND HE WOULD BE OUR SIX MINUTE SPEAKER AND THEN WE HAVE A SERIES OF THREE MINUTES AFTER THAT.

MAYOR GARCIA: OKAY. BILL YODER. AND NOBODY GAVE YOU TIME, SO YOU ONLY HAVE THREE MINUTES. SOMEBODY WANT TO GIVE HIM TIME?

JACK?

I DO.

MAYOR GARCIA: WHO IS GOING TO GIVE YOU TIME?

SHE IS SIGNED UP, BUT NOT GOING TO SPEAK.

MAYOR GARCIA: WHAT IS YOUR NAME AGAIN?

[ INAUDIBLE ]

JAN STEWARD FOR THE PUBLIC RECORD.

MAYOR GARCIA: OKAY. I DON'T HAVE YOUR CARD. OH, YES, I GOT IT. YOU WANT TO GIVE YOUR TIME TO MR. YODER. MR. YODER, WELCOME, SIR.

THANK YOU, HONORABLE MAYOR AND COUNCILMEMBERS. I'M BILL YODER, CHAIR OF THE NEIGHBORHOOD PLANNING TEAM. WE'RE PROUD AND HAPPY TO BE HERE THIS AFTERNOON TO PRESENT YOU OUR NORTH LOOP NEIGHBORHOOD PLAN. THANK YOU FOR LETTING US APPEAR TODAY. THE NORTH LOOP NEIGHBORHOOD AS STEVE MENTIONED, CONSISTS OF THREE AND A HALF NEIGHBORHOOD ASSOCIATIONS, NORTH FIELD, RIDGETOP, IH-35 AND A SLICE OF LAND WE AFFECTIONATELY REFER TO AS THE RED RIVER SLIVER. WHEN MY NEIGHBOR HOMER TWO DOORS DOWN MOVED INTO HIS HOME WITH HIS NEW WIFE IN 1931, THEIR HOME FACED COTTON FIELDS. HOMER RAISED HORSES ON HIS PROPERTY, HE WENT FOX HUNTING IN THE HOOD AND PAID 22.50 FOR HIS HOUSING PAYMENTS. POST WORLD WAR II HOUSE PAYMENTS WENT UP, BUT YOU COULD GET A SINGLE-FAMILY LOT IN THE NEIGHBORHOOD FOR $250. OBVIOUSLY THERE HAVE BEEN MANY CHANGES IN THE AREA, THE POPULATION IN THE DENSITY, THE I-35, THE AIRPORT. NOW WITH THE AIRPORT RELOCATION WITH OVER 1800 RESIDENCES WITH HEAVILY USED CAP METRO BUS ROUTES AND CONSTANT VEHICLE TRAFFIC ALONG I-35, AIRPORT, KOENIG LANE, LAMAR STREET, 51ST STREET, THE NORTH LOOP FORMS AN IMPORTANT PART OF AUSTIN'S URBAN CORE. I REMODELLED HOME JUST 300 YARDS FROM HOMER'S PLACE RECENTLY SOLD FOR $300,000. CLEARLY THE TRANSFORMATION OF NORTH LOOP FROM RURAL TO URBAN HAS BEEN COMPLETE. AN EFERL EFFORT TO — EARLY EFFORT TO BEGAN THE PLAN STARTED IN SEPTEMBER 1999. AS THESE SCRAPS OF PAPER TESTIFY. BACK THEN AT A NEIGHBORHOOD MEETING WE STARTED BY LYING THE GOOD THINGS, THE OPPORTUNITIES, THE THREATS FACING THE NEIGHBORHOOD, WHICH HAVEN'T CHANGED ALL THAT MUCH EARLY IN THE PAST TWO AND A HALF YEARS. WHEN WE LEARNED THAT THE CITY PLANNING DEPARTMENT WAS GROUPING THE DIFFERENT NEIGHBORHOOD ASSOCIATIONS INTO ONE PLANNING AREA, REPRESENTATIVES FROM THE DIFFERENT GROUPS GOT TOGETHER AT THE FLIGHT PATH CAFE IN LATE 1999 AND IMMEDIATELY FOUND COMMON GROUND AND SHARED GOALS, SUCH AS AN ATTRACTIVE NORTH LOOP DEVELOPMENT AND A REDUCTION IN CUT THROUGH TRAFFIC OFFICIALLY AS STEVE POINTED OUT, THE PLANNING EFFORT KICKED OFF ON AUGUST 26TH, 2000 WHEN SURVIVE PEOPLE — 75 PEOPLE GATHERED TO LEARN THE CITY'S INTENTIONS AND TO HEAR AMONG OTHER, DAVE SULLIVAN, SPEAK ABOUT THE VALUE OF HAVING A NEIGHBORHOOD PLAN, A VISIONING WORKSHOP SOON FOLLOWED IN OCTOBER AND THREE DOZEN FOLKS SHOWED UP TO ARTICULATE OUR SHARED VISION OF THE FUTURE, OF A VIBRANT, PEDESTRIAN ORIENTED, FRIENDLY NEIGHBORHOOD WITH SMALL OLLIE OWNED BUSINESSES AND TREE LINED STREETS. AND THEN ON A WET, COLD NOVEMBER MORNING WE GOT 50 PEOPLE TO DISTRIBUTE OUR FIRST NEIGHBORHOOD SURVEY. AND THEY DRIED OFF AND YOU SEE THEM OUT THERE. MEETING TWICE MONTHLY, SOMETIMES WEEKLY FOR 18 MONTHS WITH ALL KINDS OF COMMUNITY INPUT, ABOUT TWO DOZEN REGS HAVE FORMULATED THE GOALS, OBJECTIVES, ACTION ITEMS THAT YOU NOW SEE BEFORE YOU. WHILE LEARNING ABOUT ZONING DISTRICTS, SMART GROWTH, SIDEWALKS, BICYCLING AND PARKS, MEMBERS OF THE NEIGHBORHOOD PLANNING TEAM ALSO PHOTOGRAPHED THE NEIGHBORHOODS, CONDUCTED ON THE GROUND INVENTORY, DISTRIBUTED NEWS LETTERS AND NETWORKED EXTENSIVELY. THIS HAS BEEN A WONDERFUL EXERCISE IN LEARNING ABOUT OUR SURROUNDINGS AND IN WORKING TOGETHER. RESIDENTS, BUSINESS OWNERS, RENTERS AND CITY STAFF. IT CAME AS A SHOCK AND SURPRISE THAT OUR WISE AND HARD WORKING LEADERS, STEVEN ROSTER, HAVE TO MENTION HIM AGAIN, WAS REMOVED FROM THE PROCESS AFTER HE HAD INVESTED SO MUCH TIME AND CARE. STEVEN IS A TREMENDOUS ASSET TO ALL OF US AT THE CITY AND WE HOPE HIS EFFORTS TOLL BE VALUED AS HIGHLY BY CITY MANAGEMENT AS THEY'VE BEEN VALUED BY MEMBERS OF THE PLANNING TEAM. IT HASN'T BEEN ALL ROSES, WE MUST SAY. WE'VE OFTEN DISAGREED, SOMETIMES HEATEDLY ABOUT PARTICULAR ACTION ITEMS AND PROPOSED ZONING CHANGES. BUT USING THIS ALL IN ONE, ALL IN ONE DECISION-MAKING PROCESS AND LISTENING CAREFULLY AND RESPECTFULLY TO OTHERS, WE'VE ACHIEVED CONSENSUS ON AN AMAZING NUMBER OF ACTION ITEMS AND PRIORITIES. WE'VE ALSO FELT DISEMPOWERRED SOMETIMES WHEN LEARNING A LOT OF BEARIERS TO ADDING TRAFFIC-CALMING DEVICES, BARRIERS TO CREATING A POCKET PARK IN THE NEIGHBORHOOD, BARRIERS — THE DIFFICULTIES THAT WE'VE HAD — I'M SORRY?

MAYOR GARCIA: GO AHEAD.

OKAY. THE DIFFICULTIES THAT WE'VE HAD WITH THE DAY LIBRARY SITE — DAY LABOR SITE. BUT WITH THE ENCOURAGEMENT OF PEOPLE LIKE DAVE SULLIVAN AND JACKIE GOODMAN AND CITY STAFF, HERE WE STAND HAVING LAID THE LANGUAGE AND FEELING PROUD OF IT. THIS PLAN ARTICULATES OUR VISION FOR THE FUTURE, OUR GOALS AND THE ACTION ITEMS TO MOVE US TOWARD THAT VISION. WE LIKE OUR NEIGHBORHOOD AND WANT TO MAKE IT BETTER. PLEASE JOIN WITH US IN APPROVING THE PLAN AND MAKING IT PART OF THE AUSTIN URBAN CORE PLANNING EFFORT. AND NOW A NUMBER OF THE OTHER RESIDENTS WILL ADDRESS VARIOUS ACTION ITEMS WITHIN THE PLAN. THANK YOU. [ APPLAUSE ].

MAYOR GARCIA: MR. MATT HALAND. AND YOU HAVE SIX MINUTES, THREE MINUTES DONATED BY DAVID PAPPAS.

I HOPE TO KEEP THIS WITHIN THREE.

MAYOR GARCIA: OH, GOOD.

ABSOLUTELY. GOOD EVENING, MY NAME IS MATT HOLLAND. I'M THE VICE CHAIR OF THE NORTH LOOP PLANNING TEAM AND THE PRESIDENT OF THE RIDGETOP NEIGHBORHOOD ASSOCIATION WITHIN THE BOUNDARIES. I WISH TO DISCUSS THE TRANSPORTATION COMPONENT OF THE NEIGHBORHOOD PLAN. OUR PLAN'S NUMBER ONE PRIORITY IS TRAFFIC CALMING. A TRAFFIC CALMING STUDY WOULD RESULT IN THE CAPITAL IMPROVEMENTS TO CONTROL THE SPEED AND VOLUME OF TRAFFIC THROUGH OUR STREETS AND INCREASE THE SAFETY AND QUALITY OF LIFE IN OUR NEIGHBORHOODS. OUR SUBDIVISIONS, AS BILL REFERRED TO A MOMENT AGO, WERE ONCE SLEEPY STREETS AT THE EDGE OF FARMLAND. OUR EASTERN BORDER WAS EAST AVENUE. BUT THIS HAS CHANGED ENTIRELY IN THE LIFE TIMES OF OUR ELDER NEIGHBORS. LITTLE ARE NO THOUGHT WAS GIVEN TO THE NEIGHBORHOOD IMPACTS WHEN ROADS LIKE I-35 AND AIRPORT BOULEVARD WERE BUILT AND LATER EXPANDED DRAMATICALLY IN SIZE. OUR NEIGHBORHOOD PLAN PROVIDES A FIRST STEP TOWARDS THIS LONG OVERDUE PLANNING AND DESIGN. OUR TRANSPORTATION PROBLEMS ARE MANY. WE SUFFER HEAVY CUT THROUGH TRAFFIC FROM I-35 TO AIRPORT BOULEVARD ALONG A SEAR S OF RESIDENTIAL STREETS. WE HAVE MANY DANGEROUS INTERSECTIONS SUCH AS I-35 AND — I THINK I-35 AND 51ST STREET, WE'VE BEEN TOLD IS THE CITY'S NUMBER ONE LOCATION FOR PEDESTRIAN FATALITIES. THE INTERSECTIONS OF 51ST AND 53RD AT AIRPORT BOULEVARD AND THE FIVE-WAY INTERSECTION OF 51ST AND DUVAL AND 53RD AT BRUNING ARE FRUSTRATING AND HAZARDOUS AND THE LIST OF PROBLEMS GOES ON. I WON'T BELABOR THAT IN THE SPEECH. WE HAVE HAD — WE HAVE MUCH MORE TRANSPORTATION LAND IN ANOTHER ONE OF THE PRESENTATIONS WE ACTUALLY HAD A GRAPHIC SHOWING THE LAND USE BREAKOUT OF OUR NEIGHBORHOOD. AND IT SHOWS THAT IN COMPARISON WITH OTHER CORE NEIGHBORHOODS, WE HAVE 32% OF TRANSPORTATION LAND USE VERSUS ONLY 21% FOR OTHER CORE NEIGHBORHOODS. THAT MEANS WE HAVE ONE-THIRD AS OPPOSED TO ONE-FIFTH OF OUR LAND DEDICATED TO BIG ROADS AND BIG ROAD RIGHT-OF-WAYS. WHICH HAS A DOMINANT EFFECT. MEANWHILE WE HAVE 19% COMMERCIAL LAND VERSUS ONLY SEVEN PERCENT FOR OTHER CORE NEIGHBORHOODS, MEANING THAT WE EXPERIENCE MORE CAR TRIPS FROM OUTSIDE OF OUR COMMUNITY AND WE HAVE MORE PARKING LOTS. AND TXDOT AND CAMPO HAVE PLANS TO WIDEN BOTH I THROOF AND AIRPORT BOULEVARD AND I BELIEVE THE I-35 PLAN IS — COULD HAPPEN IN THE NEAR FUTURE, THE NEXT FIVE TO 10 YEARS. WE NEED ACTION TODAY. WE CANNOT REACH OUR GOAL OF A WALKABLE, SUSTAINABLE NEIGHBORHOOD WITH A HIGH QUALITY OF LIFE UNDER THESE CONDITIONS. ALTHOUGH WE HAVE BEEN VERY EXCITED ABOUT I AM PROOFLG OUR LIVES THROUGH THE PROCESS, WE WERE FRUSTRATED THAT ONE OF ITS THREE PRINCIPAL COMPONENTS, TRANSPORTATION CAN ONLY BE ADDRESSED WITH HALF MEASURES AT BEST. TRANSPORTATION SECTION MUST BE PRESENTED AS RECOMMENDATIONS IN AN APPENDIX RATHER THAN AS A SOLID ACTION ITEMS FOR THE ORDINANCE. AND WE UNDERSTAND THAT THE CITY'S MODEST TRAFFIC CALMING PROGRAMMING, WHICH WE FEEL OFFERS GREAT BANG FOR THE BUCK, HAS BEEN CUT TO THE BONE AS THE BUDGET HAS BEEN CUT VERY MUCH BACK WE UNDERSTAND. WE HAVE EMBRACED THE LIMITED TOOLS THAT HAVE BEEN GIVEN IN OUR PLAN TO HANDLE TRANSPORTATION. MAINLY THROUGH THE PRIOR TIESIZATION OF WALKS AND THE ADDITION OF A FEW FOUR WAY STOPS AND WE ASK FOR A BOND PACKAGE FOR PEDESTRIAN CROSSINGS AT AIRPORT BOULEVARD AND EVEN AN ACOUSTIC WALL FOR I-35. BUT THE SUCCESS HINGES ON THE TRAFFIC CALMING STUDY. OTHER SUCCESSFUL NEIGHBORHOOD PLANS LIKE HYDE PARK AND OLD WEST AUSTIN HAVE GREATLY BENEFITTED BY TRAFFIC CALMING STUDIES. THE THREE LEGGED ANIMAL OF LAND USE, URBAN DESIGN AND TRANSPORTATION TOUTED IN THE PLANNING PROCESS WILL NOT STAND IF WE EFFECT EFFECTIVELY LEAVE OUT TRANSPORTATION. WE FEEL THAT THE COUNCIL TO CLOSE THE LOOP ON THE NEIGHBORHOOD PLANNING PROCESS AND ALLOW REAL AND EFFECTIVE TRANSPORTATION SOLUTIONS TO BE PART OF THIS AND FUTURE PLANS. PLEASE SUPPORT US IN HELPING MAKE OUR OLDER INNER CITY NEIGHBORHOODS GREAT PLACES TO LIVE AND WORK. THANK YOU VERY MUCH. [ APPLAUSE ].

MAYOR GARCIA: LET ME JUST ASK YOU A QUICK QUESTION. YOU SIGNED UP FOR 48 AND 49. THIS IS YOUR TESTIMONY ON BOTH OF THEM, RIGHT?

THAT'S CORRECT.

MAYOR GARCIA: THANK YOU, SIR. WE HAVE A MAYOR FOR THE DAY THAT JUST ARRIVED. IF YOU COULD COME UP AND SIT WITH ME, WE'LL LET YOU PARTICIPATE IN THIS DISCUSSION. MS. TERRY, AND SHE ALSO HAS — OR HE, SHE, HAS SIX MINUTES BECAUSE TARA ROSS HAS GIVEN YOU THREE. YOU DON'T NEED TO USE THEM?

I'LL PROBABLY JUST NEED TWO. MY NAME IS TERRY SPERRY AND I'M A MEMBER OF THE MORNINGSIDE RIDGETOP NEIGHBORHOOD. I WANT TO TALK TO YOU A LITTLE BIT ABOUT PUBLIC OPEN SPACE AND HOW WE HAVE CREATIVELY DPREASED IT IN THE NORTH LOOP NEIGHBORHOOD PLAN. UNLIKE MOST OTHER AUSTIN PLANNING AREAS, NORTH LOOP HAS NO PUBLIC OPEN SPACE. THE NEAREST PARKS ARE NOT IN EASY WALKING DISTANCE AND REQUIRE THAT WE CROSS BUSY ROADS OR A FREEWAY TO REACH THEM. WHILE THERE ARE MANY GOOD THINGS ABOUT OUR LOCATION AS NEAR THE SEVERAL MAJOR THOROUGHFARES, THE FACT THAT WE ARE SURROUNDED BY LARGE ROADS AND COMMERCIAL TRACTS MEANS THAT THERE IS A REAL NEED FOR AND YET LITTLE ROOM LEFT FOR AREAS DEVOTED TO NATURE, AESTHETIC CONTEMPLATION, COMMUNITY GATHERINGS AND RECREATIONAL ACTIVITY. NOT SURPRISINGLY OUR NEIGHBORHOODS HAVE EXPRESSED A DESIRE FOR OPEN SPACE IN NO UNCERTAIN TERMS. IN A SURVEY WE CONDUCTED AT THE BEGINNING OF THIS PLANNING PROCESS, A MAJORITY OF RESPONDENTS WERE SUPPORTIVE OF CREATING A PARK OR OPEN GREEN SPACE. 72% SAID THEY WOULD VISIT A PARK EITHER DAILY OR WEEKLY IF IT WERE WITHIN A FEW BLOCKS OF THEIR HOME. AND A REMARKABLE 245 SAID THEY WOULD BE WILLING TO DONATE TIME AND/OR MONEY TO HELP ESTABLISH AND MAINTAIN ONE. WITH A MANDATE TO CREATE PUBLIC OPEN SPACE, BUT ONLY TWO% OF OUR LAND VACANT, WE NEEDED TO GET VERY CREATIVE. FOR EXAMPLE, WE HAVE REZONED SEVERAL LARGE COMMERCIAL TRACTS AS NEIGHBORHOOD URBAN CENTERS, ENCOURAGING THE REDEVELOPMENT OF UNDERUSED ASPHALT DOMINATED LAND INTO MIXED USE AREAS THAT OFFER NEIGHBORHOOD ORIENTED BUSINESSES AFFORDABLE HOUSING AND GREEN SPACE ACCESSIBLE TO ALL. WE ALSO CALL FOR A MAJOR TREE PLANTING EFFORT ALONG AIRPORT BOULEVARD, DOING OUR PART TO REDUCE THE URBAN HEAT ISLAND EFFECT AND AT THE SAME TIME BEAUTY FIEG THE PUBLIC RIGHT-OF-WAY. LIKE WAYS WE CALL FOR STREET SCOOEUPING AND IMPROVING LIGHTING ALONG THE COMMERCIAL DISTRICT TO BOOST ITS EVOLUTION INTO A GENUINE NEIGHBORHOOD PLACE. BUT PERHAPS THE MOST NOTABLE ACTION ITEM AND THE ONE THAT GOT THE SECOND MOST VOTES IN THE COMMUNITY WIDE BALLOT, JUST BEHIND TRAFFIC CALMING, IS WHAT WE'RE CALLING THE BRUNING GREEN PROJECT. THIS VOLUNTEER EFFORT WOULD TRANSFER A SMALL, BLANK, POORLY DRAINED TRIANGLE OF CITY OWNED LAND INTO A SHADY AND INVITING LANDSCAPE THAT WOULD SERVE AS A NEIGHBORHOOD FOCAL POINT AND GATHERING PLACE. WE ARE WORKING WITH THE CITY'S WATERSHED PROTECTION DEPARTMENT TO INCLUDE A SMALL RAIN GARDEN OR BIO RETENTION AREA THAT WOULD BOTH IMPROVE WATER QUALITY AND OFFSET LOCALIZED DRAINAGE PROBLEMS THERE. WE HAVE OVERWHELMING SUPPORT FOR THIS PROJECT FROM NEIGHBORHOODS, BUSINESS, CHURCH, SCHOOL AND CIVIC NONPROFIT GROUPS, WHICH RESULTED IN OUR BEING AWARDED A NEIGHBORHOOD PARK GRANT FROM THE AUSTIN PARKS FOUNDATION. WE RECENTLY CLEARED WHAT WE HOPE IS THE LAST OF MANY INSTITUTIONAL OBSTACLES IN OBTAINING APPROVAL FOR THIS PROJECT FROM THE VARIOUS CITY DEPARTMENTS INVOLVED. SO WE HAVE CONFIDENCE THAT WE CAN REALIZE OUR VISION OF A PUBLIC GREEN. PLEASE SUPPORT US IN CONTINUING TO FIND AND IMPLEMENT SOLUTIONS TO THE LACK OF OPEN SPACE IN OUR NEIGHBORHOODS. THANK YOU.

ALVAREZ: I HAD A QUESTION. [ APPLAUSE ]

MAYOR GARCIA: THANK YOU VERY MUCH.

ALVAREZ: I DON'T KNOW IF YOU COULD — MA'AM — I DON'T KNOW HER NAME.

MAYOR GARCIA: I THINK THERE'S A QUESTION BY COUNCILMEMBER ALVAREZ.

ALVAREZ: YOU COULDN'T COME AND POINT THOSE POINTS OUT ON THE MAP? THERE'S A MICROPHONE THERE.

MAYOR GARCIA: CAN YOU LOWER THE VOLUME A LITTLE BIT ON COUNCILMEMBER ALVAREZ'S MICROPHONE?

ALVAREZ: THEY'VE LOWERED IT TOO MUCH. WE'LL FIGURE IT OUT.

[ INAUDIBLE ]

MAYOR GARCIA: THAT MIC NEEDS VOLUME.

RIGHT HERE. SO IT'S HERE AT BRUNING, EAST 52 ND. IT'S CURRENTLY OWNED BY THE CITY, AND NOT BEING USED. IT'S BASICALLY USED FOR TRASH. AND SO WE'RE LOOKING TO REDEVELOP IT WITH PURELY VOLUNTEER AND DONATIONS.

ALVAREZ: OKAY.

DOES THAT ANSWER YOUR QUESTION.

ALVAREZ: I WAS JUST WONDERING WHERE IT WAS.

IT'S JUST WEST OF AIRPORT BOULEVARD.

MAYOR GARCIA: ONE OF THE THINGS THAT WE DO HERE IS WE INVITE ELEMENTARY SCHOOL STUDENTS TO COME AND BE MAYOR FOR THE DAY. AND WE HAVE MS. AUDRA STAMP HERE, WHO WILL BE CALLING THE SPEAKERS. AND SHE'LL CALL YOUR NAME OUT AND IF YOU CAN COME UP. THE NEXT SPEAKER?

JOHN GEOSO.

MAYOR GARCIA: DOES SHE HAVE A VOICE OR WHAT WHAT?

MY NAME IS JOHN. THANK YOU, COUNCIL, MAYOR, MAYOR FOR THE DAY. JUST BRIEFLY I'LL TOUCH ON URBAN PLANNING. WE ULTIMATELY THE PROCESS DIDN'T ALLOW FOR A VERY DEEP EXPLORATION OF URBAN PLANNING BECAUSE THE MAJORITY OF OUR PLAN WAS SPENT DEALING WITH ZONING ISSUES. I MEAN, IT WAS OVERWHELMING TO US. SO WE HOPE TO IN THE NEXT TWO YEARS BE ABLE TO READDRESS SOME OF THESE MORE DETAILED FINE POINTS AND THEN SUBSEQUENTLY ADD IT TO THE PLAN. BUT WE WANTED TO LET YOU KNOW THAT WE WORKED VERY HARD ON MAKING THIS PLAN VERY NON-CONTROVERSIAL. THAT'S WHY YOU WILL SEE VERY LITTLE OPPOSITION TO THIS PLAN. THERE WERE CERTAINLY A GREAT MANY MORE OPPORTUNITIES TO MAKE IT MORE AGGRESSIVE THAN IT IS. AND WE RESTRAINED OURSELVES. AND WE HOPE FOR YOU TO PASS THE PLAN UNAMENDED IF POSSIBLE. AND I JUST WANT TO BRING UP ONE POINT ABOUT URBAN PLANNING. OUR NEIGHBORHOOD HAS VIRTUALLY NO SIDEWALKS WHATSOEVER, SO VIRTUALLY ALL OTHER ISSUES ARE MOOT UNTIL WE ADDRESS THAT ISSUE. WHEN YOU GO TO OTHER CITIES THAT HAVE A REALLY DEVELOPED URBAN CORE LIKE OURS IS, INVARIABLY THEY'VE DEALT WITH THE SIDEWALKS YEARS AGO TO WHERE IT'S NOT EVEN AN ISSUE ANY MORE. AT THIS POINT SO MANY OF THE ISSUES THAT WE WERE RISING WAS JUST STIFLED BECAUSE THE SIDEWALKS WEREN'T THERE. THE PEDESTRIAN OR TRANSIT ISSUES JUST STOPPED DEAD. WHEN I TRAVELED IN MEXICO I WAS AMAZED AT HOW WELL DEVELOPED THEY HAD THEIR PEDESTRIAN INFRASTRUCTURE AND IT MADE ME ENVEE US OF MEXICO, EVEN BEING A TEXAN. SO I WANT TO LET YOU KNOW THAT IT'S SOMETHING WE'RE VERY CONSCIOUS OF AND WE HOPE YOU WILL TAKE A MORE ASSERTIVE POSITION ON BECAUSE PEDESTRIAN INFRASTRUCTURES IS EQUALLY AS CRITICAL AS ROAD INFRASTRUCTURE FOR PEOPLE WHO LIVE INSIDE THE CITY. WE WILL NEVER BE ABLE — LIKE CURRENTLY TO GET TO THE LOCAL GROCERY STORE, BECAUSE IT'S SO UNSAFE WE HAVE TO DRIVE. AND IT'S ONLY 250 YARDS AWAY. AND, YOU KNOW, IT'S JUST SAD. I FEEL REALLY BAD THAT I HAVE TO GET IN MY CAR TO DO THAT WHEN I COULD WALK UP THE STREET AND GET IN THERE. SO WE HOPE IN THE NEXT FEW YEARS HE WE COULD SEE A BOND ELECTION FOR SIDEWALKS. RECENTLY WHEN THE CAP METRO MONEY WAS REALLOCATED, IT WAS A LITTLE BIT OF A DISAPPOINTMENT TO SEE SO SMALL AMOUNT GO TO PEDESTRIAN INFRASTRUCTURE. AND WE HOPE IN THE NEAR FUTURE THAT MIGHT GET RECTIFIED. SO THANK YOU FOR HEARING US AND THANK YOU FOR SUPPORTING US. [ APPLAUSE ]

MAYOR GARCIA: THANK YOU. AND I SUSPECT THAT I WILL RECOGNIZE EXAMINE TO GIVE A LONG SPEECH ON SIDEWALKS, BUT I'M NOT GOING TO DO THAT. YOU CAN HAVE A MINUTE TO RESPOND TO THAT, COUNCILMEMBER. WITHIN WITHIN WELL, THANK YOU, OWE.

WYNN: WELL, THANK YOU, MAYOR. THERE'S STRONG SUPPORT ON THE COUNCIL FOR THE NEED FOR SIDEWALKS THROUGHOUT OUR CITY. WE'RE ALL IN A STRUGGLE TRYING TO FIGURE OUT HOW TO FUND IT, BUT IT'S A PRIORITY FOR MANY OF US. I HAPPEN TO — OFTEN TIMES I'M PUSHING A BABY STROLLER IN MY STREET BECAUSE WE DON'T HAVE SIDEWALKS EITHER, BUT THEN I GET TO A PARKED CAR CANNED THEN I'M PUSHING THE BABY STROLLER IN THE MIDDLE OF THE STREET. SO WE ALL KNOW THE NEED IS THERE AND IT'S UNFORTUNATE THAT SO MANY OF OUR NEIGHBORHOODS DON'T HAVE SIDEWALKS. AND EVEN IN VERY DIFFICULT BUDGET TIMES I KNOW THAT THE COUNCIL IS GOING TO GIVE IT A REAL FAIR SHAKE TO TRY TO FIND FUNDS FOR THAT. THANK YOU, MAYOR. [ APPLAUSE ]

THANK YOU.

MATT —

GOODMAN: MAYOR, COULD I FOLLOW UP ON THAT BEFORE WE HAVE THE NEXT SPEAKER?

MAYOR GARCIA: SURE.

AND THE NEXT SPEAKER MAY' ACTUALLY BE ABLE TO ANSWER THIS, BUT WHAT I WANTED TO FIND OUT IS WHEN THEY WENT THROUGH THE PLANNING COMMISSION AND DISCUSSIONS WERE — I'M SURE WERE HAD THERE TOO ABOUT SIDEWALKS. I KNOW THAT THERE IS A SUBCOMMITTEE WORKING ON THE PLANS FOR CAPITAL IMPROVEMENT PROJECTS TO COME OUT OF THE NEIGHBORHOOD PLANS. AND IF ANYBODY IS GOING TO SPEAK KNOWS ABOUT THAT AND WHETHER YOU HAVE INCORPORATED THAT INTO YOUR PLAN WITH, YOU KNOW, A FAIRLY FORMAL PROPOSAL TO GO ULTIMATELY INTO THE CIP BALLOT OR IF THE PLANNING COMMISSION ASKED YOU ABOUT THAT.

BILL YODER, NEIGHBORHOOD CHAIR. I CAN ADDRESS THOSE JUST A LITTLE BIT. AND WE DID NOT HEAR FROM THE PLANNING COMMISSION ABOUT IT. WE DID, HOWEVER, GO THROUGH AT LEAST TWO EVENING DISCUSSIONS OF SIDEWALKS. AND I THINK TO WHAT JOHN — TO SPEAK TO WHAT JOHN WAS SAYING, IT WAS A LITTLE DISHEART ENING TO SAY, OKAY, WE WOULD LIKE LOTS OF SIDEWALKS AND TO SAY OKAY, WE'LL PICK A COUPLE. SO WE GAVE IT OUR BEST SHOT IN TERMS OF PRIORITIZING WITHIN THE NEIGHBORHOOD WHERE THE SIDEWALKS COULD BEST BE USED. WE FELT THE BEST SOLUTION WE CAME UP WITH WAS STILL INADEQUATE TO MEET THE NEEDS OF THE PEDESTRIANS.

I THINK THOSE ARE TWO DIFFERENT THINGS. THAT'S THE ONE CIP THAT YOU GET KIND OF AS YOUR PRESENT FOR GOING THROUGH ALL THE THINGS AND COMING OUT WITH A PLAN. BUT THE OTHER THING THAT THE PLANNING COMMISSION IS WORKING ON, AND I GUESS THEY JUST HAVEN'T SHELVED IT ENOUGH TO TALK ABOUT IT YET IS THE WAY WE USED TO DO IT, EVEN UP THROUGH AUSTIN PLAN AND SECTOR PLANNING, EACH SECTOR THEN AND NOW NEIGHBORHOOD PLANNING AREA CAN COME UP WITH THE LIST OF PROJECTS THAT THEY KNOW THEY NEED THAT ARE CIP PROJECTS, CAPITAL IMPROVEMENT PROJECTS. STAFF WILL THEN TAKE THOSE LISTS AND THEY'LL BE PRIORITIZED I'M SURE BY THE NEIGHBORHOOD. THE STAFF THEN TAKES EVERYBODY'S LIST AND STARTS PUTTING THEM ALTOGETHER IN A BOOK MORE OR LESS, A REFERENCE, SO THAT WE ALL KNOW THAT THESE ARE PROJECTS AND THEN STAFF WITH FORMALLY FIGURE OUT COSTS AND GET BACK TO YOU ABOUT DETAILS. AND THEN ULTIMATELY, EVENTUALLY WE GET TO THE BALLOT. AND THAT'S WHY — IT'S A LITTLE MORE FORMAL AND A LITTLE MORE ASSURED WAY OF GETTING THE SIDEWALKS IN THAN THE WAY WE'VE BEEN DOING IT.

WELL, THAT'S NEWS TO ME AND I'M PLEASED TO HEAR IT.

GOODMAN: THANKS, MAYOR.

THANK YOU. JACK HALLISON?

MS. MAYOR, MR. MAYOR AND COUNCIL, MY NAME IS JACK HALLISON, AND I AM DPLIET DLOOEUTED TO BE — DELIGHTED TO BE APPEARING BEFORE YOU TODAY IN A SUPPORTIVE ROLE. I HAVE OWNED AND OPERATED COMMERCIAL PROPERTY IN THE NORTH LOOP AREA FOR 19 YEARS. I HAVE PARTICIPATED IN THIS PLANNING PROCESS BY ATTENDING OVER 20 OF THE MANY, MANY MORE MEETINGS. AT THE RISK OF SOUNDING DEMENTED, I MUST CONFESS I ENJOYED BEING A PART OF THE PROCESS. AT ALL TIMES MY INPUT AS A COMMERCIAL PROPERTY OWNER WAS RESPECTED. NEVER WAS I RESTRICTED FROM GIVING MY OPINION ON AN ISSUE. THE PROCESS HAS BEEN OPEN TO ALL PROPERTY OWNERS, RESIDENTS AND BUSINESS OPERATORS IN THE AREA. SUFFICIENT NOTICE WAS ALWAYS GIVEN IN ADVANCE OF THE MEETINGS. THE CITY OF AUSTIN STAFF DEMONSTRATED REMARKABLE PROFESSIONAL SKILL LEADING THE MEETINGS. WHEN DETAILED INFORMATION WAS NEEDED, THEY PROVIDED THE INFORMATION. IT IS MY OPINION THAT THIS PROCESS ENABLED THOSE INTERESTED TO PROJECT THEIR VISION OF THEIR NEIGHBORHOOD INTO THE FUTURE. I ASK YOU TO SUPPORT THIS PROCESS AND VOTE FOR THE ADOPTION OF THIS PLAN. THANK YOU. [ APPLAUSE ]

THANK YOU. LEAH BURNET, PLEASE.

GOOD EVENING MAYORS, COUNCILMEMBERS AND FELLOW CITIZENS OF AUSTIN. FOR THE RECORD, MY NAME IS LEEANN BURNET AND I'M THE VICE-PRESIDENT OF THE MORNINGSIDE, RIDGETOP NEIGHBORHOOD ASSOCIATION AND A PROUD NUMBER OF THE NORTH LOOP PLANNING TEAM SPEAKING ON BEHALF OF THIS PLAN. TONIGHT I WOULD LIKE TO FOCUS ON AIRPORT BOULEVARD AND THE KEY PART IT PLAYS IN OUR NEIGHBORHOOD.

MAYOR GARCIA: IF YOU COULD GIVE HER SIX MINUTES. SHE'S BEEN DONATED TIME BY CHRISTOPHER BURNET. THERE YOU GO.

THANKS. BEFORE THIS PLANNING PROCESS STARTED, OUR NEIGHBORHOODS TO THE EAST HAD FEW CONTACTS WITH OUR NORTH FIELD NEIGHBORS WEST OF AIRPORT. THIS ROAD AND THE ADJACENT RAILROAD TRACKS CURRENTLY EXIST AS A BARRIER TO COMMUNICATION AND INTERACTION IN OUR COMMUNITY. BUT THE NORTH LOOP PLAN PROVIDES THE FIRST STEP IN OVERCOMING THIS ARTIFICIAL BARRIER. A RESOUNDING THEME IN OUR PLAN IS THE CENTRAL IMPORTANCE OF HAVING A VIBRANT AND POSITIVE AIRPORT BOULEVARD. AND YOU'LL SEE ON THE SIDES UP THERE. SLIDES UP THERE. AND MAKE NO MISTAKE, OUR LITTLE NEIGHBORHOODS ARE IN DANGER OF BEING OVERWHELMED BY AIMPT AND I-35. PARTICULARLY THE RIDGETOP SNAIBDS AND THE I-35 NEIGHBORHOODS ARE BEING ERODED BY THE LARGE ENCOACHING ROADWAYS. AND FOR REFERENCE, THE MORNINGSIDE RIDGETOP NEIGHBORHOOD ASSOCIATION IS WEST OF AIRPORT AND. AIRPORT BOULEVARD, HOWEVER — I'M OTHER, EAST. AIRPORT, BOULEVARD, GIVES US A VERY DIFFERENT OPPORTUNITY FROM I-35. IT IS CURRENTLY A VISUAL BARRIER, BUT THIS DEFINITELY DOES NOT HAVE TO BE AND SHOULD NOT BE THE CASE. I'M SURE MOST OF YOU ARE QUITE FAMILIAR WITH AIRPORT BOULEVARD IN OUR NEIGHBORHOOD. IT IS CHARACTERIZED BY A COMBINATION OF NEIGHBORHOOD GENTLEMENS LIKE THE TA MALLLY HOUSE NUMBER 3, MRS. JOHNSON'S DONUTS, LAMB'S CANDIES AND TOMLINSON'S PET STORE. CONTRAST THAT WITH THE SCAP PI SERIES OF USED CAR LOTS, WAREHOUSES AND UNUSED PARKING LOTS. AND, OF COURSE, THERE'S THE EVER SO UNAESTHETIC RAILROAD TRACKS ON THE WEST SIDE OF AIRPORT. IN FACT, ON AIRPORT BOULEVARD THERE ARE ONLY FOUR CROSSINGS FOR CARS AND PEDESTRIANS, AND THESE ARE ALL DANGEROUS, FRIGHTENING AND UGLY. THE INTERSECTION AT 51ST AND AIRPORT IS PERHAPS THE MOST PROBLEMATIC AS IT SERVES AS THE MAIN PLACE FOR OUR CHILDREN TO CROSS AIRPORT BOULEVARD TO RIDGETOP ELEMENTARY SCHOOL. THIS IS OUR LOCAL ELEMENTARY SCHOOL. AND THIS INTERSECTION IS A TRUE LIABILITY AND EMBARRASSMENT FOR THE CITY AND OUR COMMUNITY ALIKE. AIRPORT DOES NOT NEED TO BE LIKE THIS. THE AMAZING THING IS HOW EASY IT COULD BE TO CHANGE ALL OF THIS. [ONE MOMENT, PLEASE, WHILE CAPTIONERSATZZnNO CARRIERRINGCONNECT 1200

I I KNOW THAT MR. YODER DISCUSSED THE CONSENSUS PROCESS EARLIER. I WANT TO EMPHASIZE TO YOU WHAT WE WENT THROUGH. ANY OF THE RECOMMENDATIONS THAT ARE BEFORE YOU TODAY, IF MORE THAN ONE PERSON OBJECTED IT WAS NOT ADOPTED AND NOT A PART OF OUR PLAN. IT IS VERY RARE TO BE PART OF A GROUP WHERE WE CAN GET NEAR UNANIMITY. I URGE YOU TO DAY DON'T THEM. THANK YOU VERY MUCH. [ APPLAUSE ]

ALVAREZ: MAYOR? WITH REGARD TO AIRPORT BOULEVARD, THE PEOPLE — I WANT TO GIVE MY VOTE OF CONFIDENCE [INAUDIBLE], [ LAUGHTER ].

THANK YOU. FRED DUPRUE. YOU HAVE SIX MINUTES

THANK YOU, MAYOR AND COUNCIL. MY NAME IS FRED DUPRUE, I'M WITH THE I-35 AIRPORT BOULEVARD NEIGHBORHOOD ASSOCIATION, I'M THE PRESIDENT OF THAT ASSOCIATION. AND I'VE ALSO BEEN A PARTICIPANT IN THE NORTH LOOP PLAN. MY NEIGHBORHOOD IS LOCATED BETWEEN I-35 AND AIRPORT BOULEVARD. NORTH OF 51ST STREET AND SOUTH OF 51ST STREET. OUR SMALL COMMUNITY HAS BEEN UNDER A CONSIDERABLE STRESS IN RECENT YEARS. WE HAVE STRUGGLED WITH THE RIO MOTEL AND ITS ASSOCIATED CRIME AND WITH THE DAY LABOR SITE. WHICH IS DRAMATICALLY TRANSFORMED OUR COMMUNITY IN MANY NEGATIVE WAYS. BASICALLY, OUR NEIGHBORHOOD HAS NO MARGIN FOR ERROR. WE ARE ONLY TWO AND A HALF BLOCKS WIDE AND ABOUT 6 STREETS TALL. WE ARE SURROUNDED BY MAJOR ROADWAYS, BOTH OF WHICH HAVE BEEN RECENTLY TARGETED FOR WIDENING. TEXDOT HAS A PLAN WHICH WILL ELIMINATE OUR COMMERCIAL LOT BUFFER AND PLACE OUR RESIDENTS DIRECTLY ADJACENT TO THE FREEWAY. PLEASE REMEMBER AS DO OUR ELDERLY RESIDENTS THAT OUR COMMUNITY PREDATES THE HIGHWAY AND BY MANY DECADES. I-35 WAS ONCE EAST AVENUE AND MANY HOMES WERE LOST IN THAT CONVERSION. CAMPO HAS PLANS TO INCREASE AIRPORT BOULEVARD FROM A FOUR LANE TO A SIX LANE ROADWAY. BOTH OF THESE CHANGES WOULD HARM OUR COMMUNITY, MORE ROADS AND FEWER PEOPLE, MORE NOISE AND MORE CUT-THROUGH TRAFFIC. DESPITE OUR PROBLEMATIC SETTING, OUR COMMUNITY REMAINS COMMITTED TO IMPROVEMENT AND DETERMINED TO MAINTAIN A REASONABLE QUALITY OF LIFE. WE ARE HERE TODAY BECAUSE OF THE DAY LABOR SITE AND THE ACKNOWLEDGMENT BY THE CITY THAT OUR NEIGHBORHOOD NEEDED TO PARTICIPATE IN THE NEXT AVAILABLE NEIGHBORHOOD PLAN. TO ADDRESS STRESSES THAT HAD FACILITY HAS PLACED ON OUR COMMUNITY. WE HAVE PARTICIPATED IN THIS PLAN TO HELP FORGE MANY OF ITS KEY ELEMENTS BETTER, MORE COMPATIBLE LAND USE PLANNING FOR AIRPORT BOULEVARD AND I-35, AND INFRASTRUCTURAL IMPROVEMENTS ALONG AIRPORT BOULEVARD; SOLUTIONS FOR CUT THROUGH TRAFFIC; AND MORE IMPORTANTLY THAN EVER, GIVING TEXDOT'S PLANS A WALL BARRIER FROM THE HIGHWAY TO PROTECT US FROM THE NOISE AND HEAVY TRAFFIC. WE FEEL PROUD THAT WE HAVE BOTH BEEN ABLE TO WORK COOPERATIVELY WITH OUR BUSINESS NEIGHBORS AND TO ACHIEVE THESE ACTION ITEMS FOR MUTUAL BENEFIT. OUR NEIGHBORHOOD PLAN OUTLINES A VISION OF WALKABLE, LIVABLE STREETS, IT BRINGS LAND USE, TRANSPORTATION, AND URBAN DESIGN TOGETHER — IN RESIDING OF HOW THESE ELEMENTS CAN SHAPE AND STRENGTHEN OUR COMMUNITIES. SUCH A COMMUNITY OFFERS A WELCOMING PLACE FOR PEOPLE TO LIVE, TO STAY, AND TO COMMIT TO A COMMON FUTURE. BUT INSTEAD WE SEE OUR LITTLE COMMUNITY LOSING THESE QUALITIES. MORE AND MORE FOLKS COME AND LIVE ONLY A SHORT WHILE AND MOVE ON. LONG-TIME RESIDENTS ARE LEAVING. THE DAY LABOR SITE REINFORCES THIS IMPERMANENCE. IT IS SPECIFICALLY DESIGNED FOR TRANSITIONAL WORK RATHER THAN FOR PREMISENENCE AND COMMITMENT TO OUR — PERMANCE AND COMMITMENT TO OUR COMMUNITY. THIS WAS OUTSIDE THE SCOPE OF OUR PLAN BUT CONTINUES TO BE A DOMINANT CONCERN. WE NEED TO MAKE SURE THE CITY'S COMMITMENT AND PROMISES TO OUR NEIGHBORHOOD ARE UPHELD. WE APPRECIATE THE OPPORTUNITY TO PARTICIPATE IN THIS PLAN. WE LOOK FORWARD TO WORKING WITH THE CITY TO IMPLEMENT ITS BASIC IMPROVEMENTS. WE ALSO NEED TO REESTABLISH A POSITIVE WORKING RELATIONSHIP WITH THE CITY TO HONESTLY EXAMINE THE IMPACTS OF THE DAY LABOR SITE ON OUR COMMUNITY. PLEASE SUPPORT THIS PLAN AND OUR NEIGHBORHOODS IN IMPROVING OUR LONG-TERM QUALITY OF LIFE. THANK YOU VERY MUCH. [ APPLAUSE ].

JIM CHRISTIANSON SIGNED UP AND WROTE ON THE CARD ITSELF. I ATTENDED OVER 30 MEETINGS OF THE ZONING AND PLAN. MY AREA OF RED RIVER HAS NO CONNECTION TO THE NORTH LOOP AREA. WE BELONG IN THE HYDE PARK PLAN, NOT IN THE NORTH LOOP PLAN. WE ARE TIED HISTORICALLY TO HYDE PARK NOT NORTH LOOP. HE LIVES AT 4519 RED RIVER. MR. JEFF HOWARD ALSO DOESN'T WISH TO SPEAK, HE REGISTERED AGAINST THE PLAN:HE SAYS THE LANDOWNER AT 203 EAST KOENIG LANE OPPOSES THE DOWN ZONING OF HIS PROPERTY WITHOUT HIS CONSENT. AND HE IS — HE SIGNED UP AS A LOBBYIST FOR RIVERSIDE RESOURCES. FOR THE — FOR THE — FOR THE — THE COMPANY IS CALLED 203 EAST KOENIG LANE LIMITED. ALSO KNOWN AS RIVERSIDE RESOURCES. MR. JAMES DOSS — DOSEO. DID I PRONOUNCE THAT CORRECTLY. AND MICHAEL CUSREY FOLLOWS YOU. YOU ARE SIGNED UP TO SPEAK ON THESE ITEMS? WELCOME, SIR

GOOD EVENING, COUNCILMEMBERS. I'M AN OWNER, RESIDENT IN RED RIVER NORTH CONDOMINIUMS, 4701 RED RIVER. I GOT A NOTICE IN THE MAIL, LIKE TWO WEEKS AGO, SAYING THAT — THAT THE NEIGHBORHOOD PLAN WANTED TO REZONE MY — MY RESIDENCE AS A POSSIBLE COMMERCIAL USE. I'M AGAINST THAT. I DIDN'T GET ANY NOTICES FROM Y'ALL OR MIGHT HAVE CHUCKED IT AS A JUNK MAIL, BUT I'VE BEEN IN AUSTIN ON AND OFF SINCE '83. I HAVE WORKED HARD TO GET ENOUGH MONEY TO — TO GET THIS RESIDENCE. AND I DON'T WANT ANY TYPE OF FUTURE COMMERCIAL DEVELOPMENT, YOU KNOW, IN MY HOME AREA. IT'S A NICE, SMALL QUIET LITTLE COMMUNITY AND I WOULD LIKE TO KEEP IT THAT WAY. THAT'S IT.

MAYOR GARCIA: WHAT'S YOUR ADDRESS AGAIN?

4701 RED RIVER.

THANK YOU, MICHAEL KEARCY? [ PHONETIC ]

HELLO. MR. MAYOR, CITY COUNCIL, MY NAME IS MICHAEL KRUSY, I LIVE AT 401GERARD STREET. I HAVE PARTICIPATED IN THE PLANNING ALSO A PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, I BEARING A LETTER, IT'S ALSO MY UNDERSTANDING THAT IT'S IN A PACKET THAT YOU HAVE BEFORE YOU. OUR ASSOCIATION REPRESENTS A LARGE PORTION OF THE PLANNING AREA BETWEEN LAMAR AND AIRPORT BOULEVARDS. AND 51ST STREET AND KOENIG LANE. THE MEMBERS OF THE NORTH FIELD NEIGHBORHOOD ASSOCIATION OVERWHELMING ENDORSE THE NORTH LOOP NEIGHBORHOOD PLAN MUCH MEMBERS OF OUR NEIGHBORHOOD ASSOCIATION HAVE BEEN ACTIVE IN THE PLANNING PROCESS FROM ITS BEGINNING. WE WILL CONTINUE TO WORK TO MAKE THE VISION DETAILED IN THIS PLAN A REALITY. THIS IS A DYNAMIC TIME FOR OUR NEIGHBORHOOD. THE CLOSURE OF MUELLER AIRPORT HAS MADE OUR NEIGHBORHOOD A QUIETER AND MORE DESIRABLE PLACE TO LIVE. THE DEVELOPMENT OF THE NEAR Y MUELLER AND TRIANGLE LANDS WILL CERTAINLY HAVE AN IMPACT ON OUR NEIGHBORHOOD. WE BELIEVE THAT IT IS PARTICULARLY IMPORTANT TO HAVE THIS PLAN ACCEPTED AND IN PLACE TO ENSURE THE BEST FUTURE FOR OUR NEIGHBORHOOD. THE NORTH LOOP NEIGHBORHOOD PLAN DOCUMENTS WHAT IS CURRENTLY BEST ABOUT OUR NEIGHBORHOOD, PROVIDES THE GROUNDWORK FOR PRESERVING IT, AND SERVES A AS A GUIDE FOR ACHIEVING OUR VISION OF WHAT THE NEIGHBORHOOD CAN BECOME IN THE FUTURE. THE MEMBERS OF THE NORTHFIELD NEIGHBORHOOD ASSOCIATION URGE THE CITY COUNCIL TO DON'T THE NORTH LOOP NEIGHBORHOOD — TO ADOPT THE NORTH LOOP NEIGHBORHOOD PLAN. THAT'S THE LETTER. I ALSO WISH TO... TO ADDRESS ONE PARTICULAR AREA IN THE PLAN, THAT'S THE NORTH LOOP COMMERCIAL DISTRICT. IN THE COURSE OF THE PLANNING PROCESS, OUR VISION WAS WHAT WILL OUR NEIGHBORHOOD BE LIKE IN THE YEAR 2025. IN THE DISCUSSION OF THIS AREA, AN EXAMPLE, A CURRENT EXAMPLE THAT CAME UP FREQUENTLY WAS 43RD AND DUVAL. THE LOCATION OF MOTHER'S RESTAURANT, HYDE PARK BAR AND GRILL. IT'S A VERY FINE COMMUNITY GATHERING PLACE WITHIN HYDE PARK. WE THINK THAT THE NORTH LOOP COMMERCIAL DISTRICT CAN BECOME A PLACE LIKE THAT. IT'S ALREADY SERVED BY MAJOR BUS LINE. IT HAS BIKE LANES. THERE IS OF COURSE A DERTH OF SIDEWALKS REACHING, I LIVE JUST AROUND THE CORNER, IT'S DIFFICULT FOR ME TO GET THERE WITH MY CHILD IN A STROLLER. BUT WE THINK THAT THAT CAN BECOME A REAL FOCAL POINT OF OUR COMMUNITY WITH THE PROPER PLANNING AND WE THINK THIS PLAN PROVIDES THE BASIS TO MAKE THAT A WONDERFUL PLACE IN THE FUTURE IN THE YEAR 2025. AND AS PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, I REPRESENT THE NEIGHBORHOOD ASSOCIATION TO SAY, YES, WE SUPPORT THAT. BUT EVEN AS A RESIDENT, I MYSELF SUPPORT THIS PLAN AND HAVE PARTICIPATED IN IT AND I URGE YOU TO ACCEPT IT. THANK YOU.

MAYOR GARCIA: THANK YOU VERY MUCH. [ APPLAUSE ]

MAYOR GARCIA: COUNCIL, THAT'S ALL OF THE SPEAKERS THAT WE HAVE ON THESE TWO ITEMS, I WILL ENTERTAIN A MOTION TO CLOSE BOTH PUBLIC HEARINGS

GRIFFITH: SO MOVE

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAIMPL. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

MAYOR GARCIA: SHOULD WE GIVE A ROUND OF APPLAUSE TO OUR ACTING MAYOR FOR THE DAY. [ APPLAUSE ] SHE IS A FOURTH GRADER AT OAK HILL ELEMENTARY AND VISITING HERE TO BE MAYOR FOR THE DAY. IF ANY OF YOU HAVE CHILDREN IN ELEMENTARY SCHOOLS THAT MAY WANT TO COME OVER AND VISIT WITH US, WORK WITH YOUR PRINCIPAL AND MAKE ARRANGEMENTS TO — TO BE HERE. OKAY. COUNCIL, DISCUSSION ON THIS ITEM? MS. GLASGO?

GLASGO: MAYOR, YOU DID A GREAT JOB OF OFFERING BOTH ITEMS FOR — HOWEVER, YOU OFFERED 48 AND 49 AS CLOSING THE PUBLIC HEARING

MAYOR GARCIA: WE CLOSED BOTH PUBLIC HEARINGS.

GLASGO: WE DIDN'T PRESENT 49.

MAYOR GARCIA: OKAY, PRESENT IT THEN. I THINK THEY KNEW ABOUT IT ALREADY.

GLASGO: I KNOW THE SPEAKERS SPOKE FOR BOTH, BUT TO MAINTAIN OUR LEGAL STANDING I THINK WE OUGHT TO OPEN 49 WE CAN MAKE A BRIEF PRESENTATION.

MAYOR GARCIA: PUBLIC HEARING?

GLASGO: 48.

MAYOR GARCIA: WE CAN CLOSE THAT ONE NOW.

GLASGO: NOW WE WILL DO 49. SHERRI GAUGER WILL RUN YOU THROUGH THE REZONINGS FOR THE AREA,

GOOD AFTERNOON, SHERRI GAUGER NEIGHBORHOOD PLANNING AND ZONING, AS POSTED ON THE AGENDA THIS IS ITEM NO. 49 CASE C14-02-0009 THE NORTH LOOP PLAN REZONINGS. FIRST I WOULD LIKE TO DISCUSS THE PRINCIPLES THAT GUIDED THE PLANNING DECISION, PRESERVE THE RESIDENTIAL INTERIOR, MORE ZONING CHOICE, PROMOTE A DIVERSITY OF BUSINESSES AND USES, ENCOURAGE DEVELOPMENT THAT INCORPORATES PUBLIC OPEN SPACE. AS AN OVERVIEW OF THE PROPOSED REZONINGS, THERE ARE BASE DISTRICT CHANGES TO 18 TRACTS RECOMMENDED. 16 UP ZONINGS, ONE DOWN ZONINGS AND THE MIXED USE COMBINING DISTRICT IS BEING RECOMMENDED FOR 33 TRACTS IN THE PLAN. BRIEF.....AS YOU CAN SEE THERE'S A REZONINGS MAP, ALSO ATTACHMENT D IN YOUR BACKUP AND A LARGER VERSION WAS HANDED OUT ON THE DAIS FOR YOU. THIS SMART GROUT INFILL OPTIONS CHOSEN BY THE NEIGHBORHOOD PLANNING TEAM INCLUDE SECONDARY APARTMENTS, SMALL LOT AMNESTY, CORNER STORE, MIXED USE BUILDING RECOMMENDED FOR 61 TRACTS AND NEIGHBORHOOD URBAN CENTER. WHICH IS RECOMMENDED FOR THREE LOCATIONS COVERING 15 TRACTS. THERE ARE CONDITIONAL OVERLAYS RECOMMENDED FOR 97 TRACTS IN THE PLAN. THIS INCLUDES FOUR DIFFERENT CONDITIONAL OVERLAYS. NORTH LOOP BOULEVARD, 53RD SPRET AND RESIDENTIAL AREAS, LAMAR BOULEVARD AND KOENIG LANE. AIRPORT BOULEVARD AND THE I-35 FRONTAGE ROAD. FIRST THE CONDITIONAL OVERLAY PROPOSED FOR THE NORTH LOOP 51ST — 53RD STREET AND RESIDENTIAL AREAS CORRIDOR WOULD PROHIBIT ADULT ORIENTED BUSINESSES, AGRICULTURAL SALES AND SERVICES, AUTOMOTIVE RENTALS, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE SALES, CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, CONSTRUCTION SALES AND SERVICES, WITH THE EXCEPTION THAT THOSE THAT HAVE A SITE OF 8,000 SQUARE FEET OR LESS, CONVENIENCE STORAGE, EQUIPMENT REPAIR SERVICES, EQUIPMENT SALES, EXTERMINATING SERVICES, FUNERAL SERVICES, HOSPITAL SERVICES GENERAL, KENNELS, LAUNDRY SERVICES, LIMITED WAREHOUSING AND DISTRIBUTION, MEDICAL OFFICES EXCEEDING 5,000 SQUARE FEET, PAWN SHOP SERVICES, RESIDENTIAL TREATMENT, SERVICE STATION, TRANSITIONAL HOUSING, TRANSPORTATION TERMINAL AND VEHICLE STORAGE. AND THAT WOULD MAKE CONDITIONAL CONGREGATE LOVING AND DRIVE IN SERVICES. THE CONDITIONAL OVERLAY FOR THE AIRPORT BOULEVARD DISTRICT WILL PROHIBIT ADULT ORIENTED BUSINESSES, PAWN SHOP SERVICES, RESIDENTIAL TREATMENT, TRANSITIONAL HOUSING. AND MAKE CONDITIONAL AGRICULTURAL SALES AND SERVICES, AUTOMOTIVE SALES BETWEEN 51ST STREET AND 56TH STREET ON THE EAST SIDE. BETWEEN ... ON THE WEST SIDE. CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, CONSTRUCTION SALES AND SERVICES, CONVENIENCE STORAGE, EQUIPMENT REPAIR SERVICES, EQUIPMENT SALES, KENNELS AND VEHICLE STORAGE. THE CONDITIONAL OVERLAY RECOMMENDED FOR THE LAMAR BOULEVARD AND KOENIG LANE CORRIDOR WILL MAKE THE FOLLOWING USES CONDITIONAL. ADULT ORIENTED BUSINESSES, AGRICULTURAL SALES AND SERVICES, AUTOMOTIVE SALES, CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, CONSTRUCTION SALES AND SERVICES, CONVENIENCE STORAGE, EQUIPMENT REPAIR SERVICES, EQUIPMENT SALES, KENNELS AND VEHICLE STORAGE. NOTE IN THIS CONDITIONAL OVERLAY, THERE ARE NO PROHIBITED USES RECOMMENDED FOR THIS DISTRICT. ALONG THE I-35 FRONTAGE ROAD BETWEEN U.S. 290 AND AIRPORT BOULEVARD, THE FOLLOWING USES WOULD BE PROHIBITED. ADULT ORIENTED BUSINESSES, PAWN SHOP SERVICES, RESIDENTIAL TREATMENT, TRANSITIONAL HOUSING. WE WOULD MAKE CONDITIONAL CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, CONVENIENCE STORAGE, EQUIPMENT SALES, KENNELS AND VEHICLE STORAGE. I WANT TO POINT OUT ALSO THAT THERE ARE A LIST OF PROPOSED CONDITIONAL OVERLAYS WHICH IS ATTACHMENT F IN YOUR BACKUP THAT IS SEPARATE CO HAS BEEN LISTED FOR THE PROPERTY AT 5413 GUADALUPE STREET, WHICH IS TRACT 101 ON YOUR CHART. FOR THIS TRACT THE NEIGHBORHOOD PLANNING TEAM PROPOSED MF4CONP ZONING FOR THIS SITE TO ALLOW GROUP RESIDENT AS A PERMITTED USE. THE CONDITIONAL OVERLAY WOULD PERMIT THE SITE TO ALL OTHER M.F.3 PERMITTED USES AND LIMIT THE PROPERTY TO M.F.3 DISTRICT REGULATIONS. THERE HAVE BEEN TWO PETITIONS FILED REGARDING THE PROPOSED ZONING CASE. THE FIRST IS FOR — FOR 201 THROUGH 203 KOENIG LANE, WHICH IS FOR THE SOUTHERN UNION GAS PROPERTY. THE — THE OWNER OF THIS PROPERTY IS OPPOSED TO THREE USES LISTED IN THE CONDITIONAL OVERLAY. SECOND YESTERDAY MR. JIM CHRISTIANSON FILED A PETITION FOR 4519 RED RIVER. MR. CHRISTIANSON IS OPPOSED TO THE NEIGHBORHOOD PLANNING COMBINING DISTRICT. THIS PETITION IS NOT CONSIDERED VALID, THOUGH, BECAUSE IT WOULD REQUIRE A SIGNATURE FROM 20% OF THE PROPERTY OWNERS INCLUDED IN THE NEIGHBORHOOD PLANNING AREA. I ALSO WANTED TO MAKE YOU AWARE THAT THE TRANSITIONAL HOUSING USE LISTED AS A PROHIBITED USE IN THE NORTH LOOP 53 STREET AIRPORT BOULEVARD I-35 FRONTAGE ROAD CONDITIONAL OVERLAYS. THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDS THAT THIS USE REMAIN AS A CONDITIONAL USE AND THE — THE NHCD STAFF IS HERE AND AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THIS CONCLUDES THE STAFF PRESENTATION OF THE ZONING PORTION OF THE PLAN. I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

ALVAREZ: MAYOR? YOU MENTIONED A COUPLE OF EXAMPLES OF PROPERTY OWNERS THAT WERE EITHER CONTESTING THE ZONING CHANGE OR — ARE THEY OPPOSING A CHANGE IN THE ZONING OR ASKING TO BE LEFT OUT OF THE NEIGHBORHOOD PLAN DISTRICT AS I THINK WE RAN INTO THIS A COUPLE OF TIMES. IF — YOU KNOW, IF IT'S TO GET — TO BE REMOVED OUT OF THE DISTRICT WE NEED TO VOTE — DEAF KIND OF — DIFFERENT KIND OF VOTING THAT WE NEED TO UNDERTAKE

THE MAN WHO OWNS SOUTHERN UNION GAS PROPERTY ON KOENIG LANE BASICALLY IS OPPOSED TO THE CONDITIONAL OVERLAY NOT TO THE ACTUAL PLAN. AND MR. CHRISTIANSON IS OPPOSED TO THE PLAN. TO BEING IN THE NEIGHBORHOOD PLAN.

ALVAREZ: I INVESTIGATION IF LEGAL OR SOMEONE CAN ADDRESS WHETHER — REMEMBER WE WENT THROUGH THAT WITH HYDE PARK IF THEY WANT TO BE REMOVED PROSECUTE COMBINING DISTRICT WE HAVE TO FIRST VOTE ON THAT BEFORE WE VOTE ON THE ZONING FOR THOSE TRACTS

MAYOR GARCIA: LET ME GO AHEAD — BECAUSE WE DON'T HAVE ANY SPEAKERS, THEY ALREADY SPOKE. LET ME CLOSE THE PUBLIC HEARING, THEN WE WILL ASK THE QUESTIONS. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES 6 TO 0 WITH MAYOR PRO TEM TEMPORARILY OFF THE DAIS. QUESTIONS, COUNCILMEMBER ALVAREZ

ALVAREZ: IT'S A QUESTION THAT WE HAVE ENCOUNTERED WITH OTHER NEIGHBORHOOD PLANNED COMBINING DISTRICTS WHERE THEY REQUEST TO BE REMOVED FROM THE DISTRICT. THERE'S A DIFFERENT PROCESS THAT WE FOLLOW. I DON'T KNOW IF THESE REQUESTS FALL UNDER THIS PROCESSES —

HYDE PARK WAS UNIQUE BECAUSE IT HAD THE NCCD WHICH HAS A SPECIFIC REQUIREMENT ABOUT VOTING ON THE EXCLUSION. THIS IS NOT THE CASE HERE. THIS IS YOUR STANDARD ZONING CASE WHERE WE HAVE A VALID PETITION BY THE OWNER WHO IS PROPOSING — OPPOSING THE CONDITIONAL OVERLAY. ON THAT PIECE OF PROPERTY YOU NEED TO VOTE SEPARATELY BECAUSE YOU NEED TO HAVE SIX VOTES AT A MINIMUM TO IMPOSE A CONDITIONAL OVERLAY AS RECOMMENDED BY THE NEIGHBORHOOD PLANNING TEAM. TO MR. CHRISTIANSON PROPERTY HE IS SIMPLY OPPOSING THE INFILL OVERLAY, HIS PROPERTY IS NOT BEING REZONED. HE'S GETTING AN ADDITIONAL ENHANCEMENT TO HIS EXISTING ZONING WHICH HE MAY OR MAY NOT USE. IT'S AN OPTION THAT EVERYBODY GETS AND — WHEN — AND THEY HAVE THAT OPTION, THAT'S IT.

I KNEW YOU SAID IT WAS THE SOUTHERN UNION PROPERTY, WHAT IS THE — WHAT IS THE NATURE OF THE OPPOSITION EXPRESSED BY THE LANDOWNER

THE OWNER IS OPPOSED TO THE CONDITIONAL OVERLAY THAT PROHIBITS CERTAIN USES, I THINK AUTOMOTIVE SALES AND AUTOMOTIVE RENTALS. THEY WOULD LIKE TO RETAIN THOSE USES AND I BELIEVE YOU CAN LET SHERRI EXPLAIN THAT A LITTLE BIT FURTHER

BASICALLY THEY WANT TO KEEP THE OPTION TO HAVE AUTOMOTIVE SALES AND SERVICES, CONSTRUCTION SALES AND SERVICES, AND CONVENIENCE STORAGE AS OPTION IN THE FUTURE THAT ARE NOT CONDITIONAL

ALVAREZ: WHAT IS CURRENTS THROUGH THERE

CURRENTLY SOUTHERN UNION GAS IS THERE.

ALVAREZ: IS THERE AN OFFICE OR —

OFFICE PLUS SERVICES FOR SOUTHERN UNION GAS TO GO OUT FOR THE TRUCK. THEY HAVE A 20 YEAR LEASE ON THE PROPERTY.

MAYOR GARCIA: SERVICE CENTER.

ALVAREZ: OKAY, THEN IN TEMPERATURE OF THE CONDITIONAL OVERLAY, IT'S FOR A WHOLE CORRIDOR, IS THAT CORRECT?

YES, THAT'S CORRECT

ALVAREZ: IF WE WANT TO BE CONSISTENT WE GO AHEAD AND APPLY THAT TO THE PROPERTY.

YES, THAT'S CORRECT.

MAYOR GARCIA: COUNCIL, ON ITEM NO. 48, WE DID THE PUBLIC HEARING, WE CLOSED IT, THEN WE CAN CONSIDER THE — THE ACTION ON THE ORDINANCE AMENDING THE AUSTIN TOMORROW COMPREHENSIVE PLAN BY DON'TING THE NORTH LOOP NEIGHBORHOOD PLAN. THESE ITEMS THAT YOU ARE TALKING ABOUT ARE FOR 49, CORRECT?

CORRECT. 48 IS ON THE PLAN ITSELF AND WE WANT IT ON FIRST READING ONLY AND THEN FOR THE ZONING, WHICH IS THE NEXT ITEM, 49, THAT'S THE — THE ONE THAT YOU JUST —

MAYOR GARCIA: OKAY. I WILL ENTERTAIN A MOTION ON 48 FOR FIRST READING ONLY. IT'S AN ORDINANCE AMENDING THE AUSTIN TOMORROW COMPREHENSIVE PLAN BY DON'TING THE NORTH LOOP NEIGHBORHOOD PLAN FOR THE AREA FOUNDED BY LAMAR BOULEVARD ON THE WEST, KOENIG LANE ON THE NORTH, INTERSTATE 35 ON THE EAST AND 45TH STREET AND RED RIVER, 51ST STREET ON THE SOUTH. I WILL ENTERTAIN A MOTION

SLUSHER: MOVE APPROVAL

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. DISCUSSION?

SLUSHER: I JUST WANT TO THANK THE NEIGHBORS FOR THEIR WORK ON THIS. SAY THIS IS A — THIS HAS REALLY BEEN A MORE CHEERFUL GROUP THAN WE ARE USED TO A LOT OF THE TIMES. WE BREAK ESHT THAT. NOTICE YOU WILL STILL GET IT PASSED EVEN THOUGH YOU TREATED US NICE

MAYOR GARCIA: NOT ONLY CHEERFUL BUT HARD WORKING. I DON'T KNOW HOW MANY MEETINGS, 42 MEETINGS, WHOA.

AMAZING, DEDICATED, TOO, THANK YOU ALL VERY MUCH

MAYOR GARCIA: TRAINING FOR SERVING ON THE CITY COUNCIL, IS THAT IT, SIR? OKAY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES FOR FIRST READING ONLY ON A VOTE OF 6 TO 0 TO 1. WITH COUNCILMEMBER GRIFFITH TEMPORARILY OFF THE DAIS. NOW, ITEM 49. I WILL — IS THIS — IS THIS BEING PROPOSED FOR —

ALL THE RECOMMENDATIONS THAT SHERRI GAUGER JUST READ. THE ONLY THING THAT WE ASK —

MAYOR GARCIA: DO WE HAVE TO VOTE SEPARATELY

GLASGO:. NO, YOU CAN JUST MAKE ONE MOTION FOR EVERYTHING AS RECOMMENDED IF YOU ACCEPT. ON THE SOUTHERN UNION GAS TRACT BECAUSE THERE IS A VALID PETITION, WE JUST NEED SIX VOTES DEPENDING ON HOW YOU WOULD LIKE TO APPROVE IT.

MAYOR GARCIA: IF WE DON'T GET SIX VOTES ON THIS MOTION, THEN THAT — THAT ONE DOESN'T PASS

JUST FOR THE SOUTHERN UNION TRACT. DAVID LLOYD IS — THIS IS FIRST READING ONLY, EVERYTHING IS FIRST READING TODAY.

THE — THE — AS COUNCIL IS AWARE, THE IMPORTANT VOTE IS THE THIRD READING

CORRECT.

YOU NEED SIX VOTES ON THE THIRD READING TO OVERRIDE THE PETITION.

OKAY.

MAYOR GARCIA: MOTION ON ITEM NO. 49?

SLUSHER: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER. SECONDED BY —

THOMAS: SECOND.

MAYOR GARCIA: — COUNCILMEMBER THOMAS. DISCUSSION?

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I WOULD JUST ADD THE FRIENDLY AMENDMENT, I GUESS THE GENTLEMAN SPOKE WHO WOULD RATHER RETAIN THE RESIDENTIAL ZONING AND NOT COMMERCIAL ZONING, IF THAT — IF THAT CAN BE INCORPORATED, I GUESS AS A FRIENDLY AMENDMENT

GLASGO: WE HAVE AN ANSWER FOR YOU. WE FOUND OUT THE PROPERTY IS CURRENTLY ZONED CS WITH A SINGLE FAMILY RESIDENCE, WE ARER ALLOWING IT TO KEEP THE SINGLE FAMILY RESIDENCE, HE HAS THE OPTION IN THE FUTURE, SO HE'S COVERED

ALVAREZ: IS HE HERE AND SUPPORTIVE OF THAT?

I JUST DON'T WANT ANY COMMERCIAL BUILDING ON MY PROPERTY.

MAYOR GARCIA: YOU ALREADY HAVE COMMERCIAL ZONING ON THE PROPERTY.

NEXT DOOR IS C.S.

GLASGO: CORRECT. SO IS HIS PROPERTY.

MAYOR GARCIA: OKAY.

GLASGO: WE WILL CONTINUE TO EXPLAIN THE PROCESS

ALVAREZ: JUST FIRST READING, WE CAN HAVE COMMUNICATION WITH THE OWNER —

MAYOR GARCIA: IF YOU CAN WORK WITH THE STAFF BETWEEN NOW AND THE TIME WE DO SECOND AND THIRD READING, WE CAN — WE CAN TRY TO WORK THAT OUT.

GLASGO: WE WILL DO THAT. THANK YOU.

GOODMAN: LET ME ASK ALICE THEN. CAN WE CHANGE, CAN WE ROLL BACK THE ZONING ON A PIECE THAT HASN'T BEEN THROUGH THE PROCESS BEFORE? I MEAN —

GLASGO: YES

GOODMAN: HE'S OF COURSE GOING TO DECIDE WHETHER THERE'S COMMERCIAL ZONING ON THE PROPERTY. BUT IF HE DOESN'T EVEN WANT THE OPTION MAYBE WE CAN ROLL THAT BACK FOR SECOND READING

GLASGO: I BELIEVE IF WE PROVIDE ADEQUATE NOTICE. IF IT'S C.S. I BELIEVE OUR NOTICE SHOULD GIVE YOU ENOUGH COVERAGE TO ROLL THAT DOWNWARD. BUT WE WILL KEEP WORKING WITH HIM AND TRY TO EXPLAIN SINCE WE JUST FOUND OUT ABOUT HIS ISSUE TONIGHT.

MAYOR GARCIA: AGAIN ITEM 49 FOR FIRST READING ONLY, THERE'S A MOTION AND A SECOND. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1. WITH COUNCILMEMBER GRIFFITH TEMPORARILY OFF THE DAIS. THANK YOU VERY MUCH. AND WE WILL LOOK — WE WILL LOOK TO SEE YOU AGAIN ON THE SECOND AND THIRD READING. WHEN IS THAT COMING, MS. GLASGO? SECOND AND THIRD? WE DON'T HAVE A DAYLIGHT YET, BUT YOU WILL BE NOTIFIED. THANK YOU VERY MUCH. AT THIS TIME, WE ARE GOING TO RECESS THE MEETING SO THAT WE CAN PRESENT SOME PROCLAMATIONS. HEAR SOME MUSIC, RELAX A LITTLE BIT. AND WE ONLY HAVE ONE MORE ITEM TO CONSIDER, THAT'S ITEM 32. HUH? WHICH ONE? OH, THE PUBLIC HEARING, THE 6:00 PUBLIC HEARING. WE WILL PICK THAT UP WHEN WE COME BACK. BUT WE ARE GOING TO TAKE A BREAK RIGHT NOW. THE PUBLIC HEARING ON THE — ON THE ORDINANCE AADOPTING THE COUNCILMEMBERSS. AT THIS TIME AS WE ARE RECESSED I WANT TO — ADOPTING THE SINGLE-MEMBERS. BE IT KNOWN AS A AUDRA IS A NINTH GRADER AT OAK HILL ELEMENTARY SCHOOL WHO WANTED TO BE MAYOR FOR A DAY SO SHE COULD LEARN HOW THE MAYOR WORKS, SO SHE COULD MEET IMPORTANT PEOPLE LIKE THE COUNCILMEMBERS, PRESIDENTS OF BUSINESSES AND THE GOVERNOR, WHEREAS AUDRA'S FAVORITE SUBJECTS ARE WRITING AND MATH, HER INTERESTS INCLUDE BASKETBALL, TAA QWON DO, BIKING, RUNNING, COLLECTING ROCKS, KEY CHAINS, BEANIE BABIES, WHEREAS SHE LIKES AUSTIN FOR ITS NICE PARKS, SWIMMING POOLS AND WARM WEATHER, AND MIGHT WANT TO BE A MAYOR DAY — OH, MY GOD. NOW, THEREFORE, I GUS GARCIA MAYOR OF THE CITY OF AUSTIN, TEXAS DO HERE BY PROCLAIM AUDRA AS MAYOR FOR A DAY IN AUSTIN, TEXAS. WE WANT TO GIVE HER A BIG HAND. [ APPLAUSE ] GAWRSES DO YOU WANT TO SAY ANYTHING, SAY THANK YOU

THANK YOU.

MAYOR GARCIA: THAT'S ALL SHE WANTS TO SAY. AND NOW FOR SOME MUSIC. FINGERPISTOL IS THE NAME OF THIS GROUP. IS AN EMERGING TRIO— IT'S MORE THAN A TRIO, MORE LIKE A QUINTET, DAN HARDICK GUITAR, SAM WILSON ON BASS, STEFAL ON VIOLIN, WHO IS PLAYING ACCORDIAN IF THAT THAT WILL BE STEVE SCHMIDT. THE MANDOLIN?

GRETCHEN. THE GENTLEMEN FOUND A COMMON THREAD OF ASTHMA AND LARRY SUFFERING, YOU ARE — ALLERGY SUFFERING THAT BONDED THEM TOGETHER SINCE 1994. I MAY BE ELIGIBLE FOR YOUR BAND BECAUSE OF THE ALLERGY SUFFERING. THEIR DEBUT CD IS TITLED BIG WET SLOPPY WORLD. SO PLEASE JOIN ME IN WELCOMING FINGERPISTOL. [ APPLAUSE ] F..... [ (music) MUSIC PLAYING (music)(music) ] [ APPLAUSE ]

MAYOR GARCIA: YOU NEED TO TELL US WHERE YOU PLAY, WHERE YOUR NEXT GIG IS, AND —

THAT'S WHY I HAVE WRITTEN IT DOWN BECAUSE I HAVE NO MEMORY WHATSOEVER. PLAYING APRIL 19TH AT LEGENDS COCKTAIL LOUNGE, IT'S A HOLIDAY INN ON THE CORNER OF MOPAC AND 183. PLAYING AT BERGSTROM AIRPORT, ALTHOUGH I DON'T THINK YOU CAN COME TO THE GATE BECAUSE — UNLESS — ONLY TICKETED PASSENGERS. AND PLAYING APRIL 27TH AT THE BEAUTIFUL SKI SHORES WATERFRONT CAFE. AND WE ARE PLAYING SATURDAY MAY 4TH AT GREEN MESQUITE BARBECUE ON BARTON SPRINGS ROAD

ALL RIGHT. [ APPLAUSE ]

WE ARE GOING TO PRESENT YOU WITH A PROCLAMATION THAT READS FOLLOWS: BE IT KNOWN WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARDS THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AS THE LIVE MUSIC CAPITAL OF THE WORLD; NOW, THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY — [INAUDIBLE], DO HERE BY PROCLAIM APRIL 4TH, 2002 AS FINGERPISTOL DAY HERE IN AUSTIN. AUDRA IS GOING TO PRESENT THIS.

THANK YOU VERY MUCH. [ APPLAUSE ] MAYOR PRO TEM GOODMAN IS GOING TO PRESENT THIS ONE. SIS COUNCILMEMBER WYNN HERE? LET'S GO. COUNCILMEMBER GRIFFITH? DO YOU HAVE A PROCLAMATION TO KEEP AUSTIN BEAUTIFUL?

GRIFFITH: I DO. YES.

GRIFFITH: MAY WE HAVE OUR KEEP AUSTIN BEAUTIFUL FRIENDS COME FORWARD? PLEASE COME UP AND LET'S TELL WORLD WHAT GREAT THINGS ARE GOING TO BE GOING ON THIS WEEKEND. EVERYBODY IS SO EXCITED. BE IT KNOWN THAT WHEREAS KEEP AUSTIN BEAUTIFUL IS DOING A CLEAN SWEEP AT TOWN LAKE, ON APRIL 6TH, AS PART OF THE GREAT AMERICAN CLEANUP! THE LARGEST ORGANIZED CLEANUP, BEAUTIFICATION, AND COMMUNITY IMPROVEMENT PROGRAM IN THE NATION. AND WHEREAS CARING CITIZEN VOLUNTEERS WORKING IN COOPERATION WITH KEEP AUSTIN BEAUTIFUL ARE COMMITTED AND PROUD TO DO THEIR PART TO SUSTAIN AND IMPROVE THE QUALITY OF LIFE IN OUR CITY. AND WHEREAS KEEP AUSTIN BEAUTIFUL URGES AUSTINITES TO ENHANCE OUR COMMUNITY ENVIRONMENT BY PARTICIPATING IN ONE OF THE MANY CLEANUPS PLANNED DURING THIS SPECIAL MONTH AND NOW, WHEREAS, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, DOES HERE BY PROCLAIM APRIL AS — 2002 AS KEEP AUSTIN BEAUTIFUL MONTH! YOU GET A WHOLE MONTH! IN AUSTIN AND WE CONGRATULATE YOU AND SINCE YOU GET A WHOLE MONTH, AND HAVE SO MUCH GOING ON, TELL US ABOUT THESE OPPORTUNITIES.

THANK YOU VERY MUCH. MY NAME IS IRENE GUZMAN CRILL THE EXECUTIVE DIRECTOR OF KEEP AUSTIN BEAUTIFUL AND ALONG WITH ME IS DAWN GAINS, PROJECT COORDINATOR. ON BEHALF OF THE ENTIRE CITIZENRY OF AUSTIN, CENTRAL TEXAS, THE KEEP AUSTIN BEAUTIFUL BOARD OF DIRECTORS AND ITS STAFF, I WOULD LIKE TO THANK YOU FOR PROCLAIMING APRIL KEEP AUSTIN BEAUTIFUL MONTH. AND IN PARTICULAR, FOR YOUR SUPPORT OF THIS — OF THIS ENDEAVOR. KEEP AUSTIN BEAUTIFUL IS A NON-PROFIT GRASS ROOTS ORGANIZATION WHOSE MISSION IT IS TO EMPOWER THE CITIZENS OF AUSTIN TO BE ENVIRONMENTALLY RESPONSIBLE. AND WE DO THIS NOT ONLY THROUGH SIGNATURE EVENTS SUCH AS THIS ONE THIS WEEKEND AT FESTIVAL BEACH TOWN LAKE, BUT ALSO THROUGH EDUCATION. WE APPRECIATE YOUR SUPPORT IN THIS — AS WAS STATED IN THE PROCLAMATION, NATIONAL EFFORT BY KEEP AMERICA BEAUTIFUL, THE GREAT AMERICAN CLEANUP AND KEEP TEXAS BEAUTIFUL, THE TEXAS TRASH OFF. WE INVITE ALL OF YOU TO PARTICIPATE AND JOIN US THIS SATURDAY AT TOWN LAKE FESTIVAL BEACH AT 8:00 IN THE MORNING TO REGISTER FOR THIS CLEANUP OF TOWN LAKE, WHICH WILL TAKE PLACE FROM 9:00 TO ABOUT 11:30, WITH THAT FOLLOWING A LUNCH AND ENTERTAINMENT PROVIDED ALL BY VOLUNTEERS AND SPONSORS AND DONORS. WE ALSO BELIEVE THAT IT IS CRITICAL, THIS EFFORT, TO KEEP OUR COMMUNITY CLEAN TO THE PERCEPTION OF INDIVIDUALS OF OUR COMMUNITY. IN ADDITION TO THAT, VISITORS WHO COME TO AUSTIN, SO WE THINK THAT WE SHOULD TAKE OWNERSHIP AND RESPONSIBILITY OF OUR COMMUNITY AND AGAIN WE THANK YOU AND WE WANT TO MAKE SURE THAT WE REMEMBER THAT WE NEED TO KEEP AUSTIN BEAUTIFUL. AFTER ALL IT IS OUR TOWN. THANK YOU. [ APPLAUSE ]

GRIFFITH: MS. GUZMAN, I'M GOING TO DO THE COMMERCIAL, I'M GOING TO DO THE TESTIMONIAL. I KNEW AUSTIN BEFORE KEEP AUSTIN BEAUTIFUL STARTED THEIR WORK AND I CAN TELL YOU THERE IS A BIG NOTICEABLE DIFFERENCE. THERE ARE HUNDREDS OF TRASH CANS ALL AROUND OUR CITY THAT WOULD NOT BE THERE AND IT HAS MADE AN AMAZING DIFFERENCE. AND HERE'S THE COMMERCIAL PART: YOU, TOO, CAN HAVE YOUR NAME, YOUR CORPORATE IDENTITY, ON ONE OF THOSE TRASH CANS. AND FOR JUST AS WILLIE KOCUREK WOULD SAY, YOU DON'T NEED MONEY, JUST A LITTLE BIT A MONTH, THAT MONEY WILL GO TOWARDS THE WORK OF KEEP AUSTIN BEAUTIFUL. SO AS ONE WHO PROUDLY HAS THE TRASH CAN AT 6TH AND LAMAR, I WOULD URGE EVERYONE TO JOIN ME IN SPONSORING A TRASH CAN AND KEEPING THE WORK OF KEEP AUSTIN BEAUTIFUL GOING AND GROWING. THANK YOU, MS. TAKE..... GUZMAN FOR WHAT YOU ARE DOING

WITH THAT KIND OF SUPPORT WE WILL ONLY SUCCEED

GRIFFITH: THE MAYOR HAS A PROCLAMATION FOR YOU. THERE IT IS.

OH, I NEED TO SHOW EVERYBODY. IF YOU SHOW UP ON SATURDAY, YOU GET THIS LOVELY T-SHIRT THAT SAYS CLEAN SWEEP AUSTIN 2002. SO COME JOIN US FOR A CLEANUP. [ APPLAUSE ]

THANK YOU.

WYNN: I'M GOING TO ASK OUR MAYOR FOR THE DAY TO PRESENT OUR CITY SERVICE AWARD TO REVEREND JAMES BETHEL. YOU CAN READ THE FIRST PART

CITY OF AUSTIN, DISTINGUISHED SERVICE AWARD, FOR — FOR 21 YEARS OF SERVICE TO THE PEOPLE OF AUSTIN, AS DIRECTOR OF ST. DAVID'S FROM EPISCOPALIAN CHURCH, REVEREND J. JAMES BETHEL —

THANK YOU. [ APPLAUSE ].

THANK YOU, MAYOR, I'M VERY HON.... HONORED TO PRESENT THIS TO REVEREND BETHEL, I WILL READ THE FOLLOWING. REVEREND BETHEL IS DESERVING OF PUBLIC ACCLAIM AND COMMUNITY RECOGNITION. BESIDES PASTORING A LARGE DOWNTOWN CHURCH PARISH COM PRIZING 1300 FAMILIES AND MANAGING A FACILITY THAT ENCOMPASSES A FULL CITY BLOCK, HE HAS BEEN AN ACTIVE MEMBER OF THE AUSTIN COMMUNITY AS WELL. HE SERVED AS BOARD MEMBER OF THE AUSTIN AREA INTERFAITH MINISTRIES AND OF ST. DAVID'S HOSPITAL. IN ADDITION HE PROVIDED VALUABLE INPUT AS PART OF THE CITY'S COMMISSION ON CHILD CARE AND THE DOWNTOWN STREET CLOSURE TASK FORCE. WE ARE PLEASED TO RECOGNIZE AS MANY CONTRIBUTIONS TO OUR CITY DURING HIS TENURE HERE AND WISH HIM WELL AS HE RELOCATE TO THE NORTHWEST. PRESENTED THIS FOURTH DAY OF APRIL, THE YEAR 2002, BY THE CITY COUNCIL OF AUSTIN, TEXAS. IT SIGNED BY OUR MAYOR GUS GARCIA, JIM, WE ARE GOING TO MISS YOU. ST. DAVID'S, OF COURSE, IS A PHENOMENAL AND IMPORTANT COMMUNITY PARTNER TO OUR CITY. HAS BEEN SINCE THE MID 1850'S. AND, YOU KNOW, WE ARE PLEASED TO HAVE THEM DOWN THERE. THEY ARE EXPANDING THEIR FALL, THEY ARE BUILDING A SIGNIFICANT HOMELESS SHELTER AS A PIECE OF THAT EXPANSION. AND HELPING US IN SO MANY WAYS. A BIG PIECE OF THAT HAS BEEN REVEREND BETHEL'S LEADERSHIP. WE THANK YOU VERY MUCH.

THANK YOU. THANK YOU VERY MUCH.

MR. MAYOR, COUNCILMEMBERS, I'M DEEPLY, DEEPLY HONORED BY THIS. ANA AND I AND MY CHILDREN HAVE LOVED AUSTIN, IT'S BEEN A GREAT CITY FOR US, YOU ALL HAVE BEEN GREAT PARTNERS OF ONE OF THE MOST FANTASTIC EXPERIENCES OF MY LIFE HAS BEEN THE COOPERATION THAT WE'VE HAD WITH ST. DAVID'S AND THE CITY. AND PARTICULARLY WORKING FOR ALL OF THE PEOPLE AND MAKING THE DOWNTOWN VERY VIABLE AND ALIVE. I THANK YOU FOR THIS HONOR. I WILL CHERISH IT ALWAYS. WE LOOK FORWARD TO COMING BACK AND LIVING IN AWESOME DAY SOON. THANK — IN AWESOME DAY SOON. THANK — IN AUSTIN SOME DAY SOON. THANK YOU ALL VERY MUCH. [ APPLAUSE ]

GRIFFITH: MAY WE HAVE OUR FRIENDS FROM THE AUSTIN ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN. WOULD YOU COME JOIN ME. THE YOUR PROCLAMATION TIME. GATHER AROUND, BE IT KNOWN THAT WHEREAS CHILDREN ARE AUSTIN'S MOST PRECIOUS RESOURCE, AND IT IS OUR RESPONSIBILITY TO ENSURE THAT EACH AND EVERY CHILD EXPERIENCES THE TYPE OF EARLY ENVIRONMENT THAT WILL PROMOTE LEARNING AND WHEREAS THE AUSTIN ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN IS TO BE COMMENDED FOR THEIR COMMITMENT TO OUR CHILDREN'S FUTURE AND FOR THEIR SPONSORSHIP OF THIS WEEK'S CELEBRATION OF OUR CHILDREN AND WHEREAS WE LIKEWISE TAKE ADVANTAGE OF THIS WEEK TO ACKNOWLEDGE THE VITAL, VALUABLE WORK OF THE PEOPLE WHO CARE FOR AND EDUCATE YOUNG CHILDREN, THEIR PARENTS AND EARLY CHILDHOOD TEACHERS. NOW, THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM APRIL 7TH THROUGH 13TH, 2002, AS WEEK OF THE YOUNG CHILD. CONGRATULATIONS AND THANK YOU. [ APPLAUSE ]

PLEASE TELL THE MAYOR HERE AND THE CITIZENS AND THE FOLKS THAT ARE GATHERED HERE WHAT IS GOING TO GO ON THAT'S SPECIAL BETWEEN APRIL 7TH AND APRIL 13TH. I WILL BET IT'S AN ACTION PACKED WEEK.

THANK YOU, I'M DAVID LURERY WITH THE HEALTH AND HUMAN SERVICES DEPARTMENT. I JUST WANT TO EXPRESS OUR APPRECIATION FOR THIS APPLICATION. IN PARTICULAR TO THE MAYOR AND CITY COUNCIL FOR THE SUPPORT THAT YOU PROVIDE TO YOUNG CHILDREN IN OUR COMMUNITY, BOTH IN TERMS OF THE POLICY DEVELOPMENT, BUT ALSO THE FINANCIAL SUPPORT THAT YOU HAVE PROVIDED OVER THE YEARS FOR EARLY CHILDHOOD EDUCATION AND CARE. WE HAVE BEEN CELEBRATING THE WEEK OF THE YOUNG CHILD SINCE 1971. AND IT'S AN OPPORTUNITY TO — TO RECOGNITION THE NEED OF YOUNG CHILDREN AND THEIR FAMILIES THROUGHOUT OUR COMMUNITY. AND ALSO TO ACKNOWLEDGE MANY GREAT AGENCIES AND ORGANIZATIONS THAT WE HAVE IN OUR COMMUNITY THAT SUPPORT YOUNG CHILDREN. AND I HAVE WITH ME TODAY A COUPLE OF PEOPLE WHO ARE VERY DEDICATED, TO CHILDREN IN OUR COMMUNITY, FIRST ANGLESANTA CRUZ, ALSO A PERSON HERE TODAY REPRESENTING THE SPONSORING ORGANIZATION FOR THE WEEK OF THE YOUNG CHILD, AM... AMANDA HERNANDEZ, THE PRESIDENT OF THE AUSTIN ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN, I BELIEVE AMANDA WOULD LIKE TO MAKE A FEW COMMENTS IN TERMS OF THE EVENTS FOR THIS VERY SPECIAL WEEK. [ APPLAUSE ]

THANK YOU. THANK YOU, MAYOR AND MAYOR AND THE COUNCIL. MY NAME IS AMANDA HERNANDEZ. AND I'M PRESIDENT OF THE AUSTIN ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN. WE HAVE COME A LONG WAY IN RECOGNIZING CHILDREN AND THEIR FAMILIES. ONE OF THE WAYS THAT WE DO THAT IS THAT WE CELEBRATE THE WHOLE WEEK. IT A NATIONAL WEEK, RECOGNIZED WEEK, AND IN THIS TIME WITH AUSTIN WHAT WE DO IS WE RECOGNIZE THE SERVICES AND THE FAMILIES AND WHAT WE WILL DO, THERE ARE JUST VARIOUS TYPES OF THINGS THAT WILL GO ON THROUGHOUT THE WEEK. TOMORROW WILL BE OUR KICKOFF NIGHT AND WE WILL HOLD A RECEPTION AND — IN HONORING OUR CHILD CARE PROVIDERS AND ALSO THE PROVIDERS THAT WE DO RECOGNIZE ARE NOT ONLY THAT WORK IN CHILD CARE FACILITIES, BUT THEY ALSO WORK IN REGISTERED HOMES AND SO WE HAVE JUST RECOGNIZED THEM FOR ALL THAT THEY DO. WE ALSO RECOGNIZE THE CHILD CARE PROVIDERS THAT ARE WANTING TO EDUCATE THEMSELVES, WE ALSO AWARD SCHOLARSHIPS SO THEY MAY CONTINUE THEIR EDUCATION, IT'S A BIG NIGHT TO KICKOFF. THEN ALSO VARIOUS ACTIVITIES IN THE CHILD CARE FACILITIES AND HOMES AND WE JUST WOULD LIKE TO RECOGNIZE THAT FAMILIES AND ALL OF THE COMMUNITIES SUPPORT OUR CHILD CARE PROVIDERS, THEY WORK VERY HARD TO PROVIDE THE CHILD CARE IN OUR AREA. SO THANK YOU VERY MUCH FOR THE — FOR THE PROCLAMATION. [ APPLAUSE ]

GRIFFITH: IT'S SAID THAT A GREAT CITY IS KNOWN BY AND MARKED BY HOW WELL IT CARES FOR ITS YOUNGEST CITIZENS AND ITS OLDEST CITIZENS. AND THE PEOPLE HERE WITH THESE ORGANIZATIONS ARE THE ONES WHO GIVE THAT HALLMARK TO AUSTIN, TEXAS. WE THANK THEM SO MUCH. [ APPLAUSE ]

GOODMAN: NOW, AS THOSE REMARKS WERE MADE FROM PEOPLE WHO CARE A GREAT DEAL ABOUT OUR CHILDREN AND OUR COMMUNITY, THAT TIES IN NICELY WITH THIS ONE. WITH THIS PROCLAMATION WE ARE GOING TO TALK ABOUT A BETTER WORLD AND HOW TO BETTER OUR CHILDREN. THE PROCLAMATION IS TO LET IT BE KNOWN THAT WHEREAS THE DAY WITHOUT VIOLENCE IS A CALL TO PEOPLE EVERYWHERE TO JOIN TOGETHER AND FOCUS ON ALTERNATIVES TO VIOLENCE IN OUR HOMES, SCHOOLS, NEIGHBORS, AND AMONG NATIONS; AND WHEREAS THIS DAY IS AN OPPORTUNITY FOR INDIVIDUALS AND ORGANIZATIONS TO PROMOTE THE TEACHING OF NON-VIOLENCE, AS A CENTRAL ASPECT OF EDUCATION, INTERPERSONAL RELATIONS AND INTERNATIONAL DIPLOMACY. AND WHEREAS THIS SPECIAL DAY ENCOURAGES EVERYONE TO CULTIVATE COMMUNICATION, BETWEEN CULTURES. ETHNIC GROUPS AND INDIVIDUALS AROUND THE WORLD. NOW THEREFORE OUR MAYOR, GUS GARCIA, AT THE CITY OF AUSTIN, DOES HERE BY PROCLAIM APRIL THE 6TH, 2002, AS INTERNATIONAL DAY WITHOUT VIOLENCE IN AUSTIN. IT IS SIGNED, SEAL AND DELIVERED, OF COURSE, AND WE THANK THOSE PEOPLE WHO MAKE SURE WE REMEMBER THAT IT REALLY IS A GOOD THING TO TRY TO REMEMBER WHAT COULD BE BAD ABOUT A DAY WITHOUT VIOLENCE. THANK YOU ALL FOR WHAT YOU DO. [ APPLAUSE ]

HI, I'M FROM LANIER HIGH SCHOOL

I'M ALMA MARTINEZ FROM LANIER HIGH SCHOOL

WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO INVITE YOU, MAYOR GARCIA AND THE CITY COUNCIL MEMBERS AND THE ENTIRE AUSTIN COMMUNITY TO JOIN US ON SATURDAY, APRIL THE 6TH? AT 9:00 A.M. AT TEXDOT PARKING LOT AT THE CORNER OF SOUTH CONGRESS AND RIVERSIDE FOR OUR ANNUAL PEACE WORKS MARCH. THIS IS THE FIRST TIME THE ENTIRE AUSTIN COMMUNITY HAS COME TOGETHER TO HONOR OUR LAW....ENFORCEMENT, FIREMEN, E.M.S. WORKERS AND COMMUNITY MEMBERS WHO HAVE BEEN VICTIMS OF VIOLENCE, WE HOPE TO SEE YOU THERE. [ APPLAUSE ]

WE ALSO LIKE TO THANK THE CITY COUNCIL ADD THE MAYOR FOR YOUR CONTINUED SUPPORT OF PEACE WORKS AND OUR EFFORTS TO ELIMINATE VIOLENCE IN OUR COMMUNITY. THANK YOU, WE HOPE TO SEE YOU AT THE MARCH ON SATURDAY. [ APPLAUSE ] GAWRSES THAT'S THAT'S ALL, FOLKS, WE WILL BREAK TO EAT A LITTLE DINNER, WE WILL BE RIGHT BACK TO DO THE PUBLIC HEARING ON SINGLE-MEMBER DISTRICTS AND TAKE UP ITEM NO. 32.

TEST TEST TEST TEST TEST TEST TEST TEST TEST TEST TEST

MAYOR GARCIA: THIS IS THE WAY WE'RE GOING TO DO THIS THING. I'M GOING TO CALL THE MEETING BACK TO ORDER, BUT WE DON'T HAVE A FOURTH COUNCILMEMBER. BUT WE HAVE A 6:00 O'CLOCK TIME CERTAIN FOR ADOPT THE DIVISION OF THE CITY INTO EIGHT COUNCIL DISTRICTS. AND IT ONLY HAS ONE SPEAKER, SO WE CAN FINISH THAT QUICKLY. AND THEN THAT WILL LEAD US TO 32, WHICH HAS 44 SPEAKERS. AS SOON AS I GET ONE MORE COUNCILMEMBER, I'LL CALL THE MEETING. THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL. IT'S STILL THURSDAY, APRIL THE FOURTH, AND I'M GOING TO CALL UP ITEM NUMBER 50, WHICH IS A PUBLIC HEARING AND POSSIBLE ACTION ADOPTING AN ORDINANCE FOR A DIVISION OF THE CITY INTO EIGHT CITY COUNCIL DRIGHTS FOR THE ELECTION OF COUNCILMEMBERS IN THE EVENT THAT THE PROPOSED CHARTER AMENDMENT FOR THE CITY COUNCIL MADE UP OF EIGHT COUNCILMEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TWO COUNCILMEMBERS AT LARGE ELECTED FROM THE CITY AT LARGE AND THE MAYOR ELECTED FROM THE CITY AT LARGE IS ADOPTED BY THE VOTERS. THIS IS THE WAY THE PROCESS IS GOING TO WORK. THERE IS AN ELECTION COMING UP MAY THE FOURTH AND YOU HAVE AN — YOU WILL HAVE AN OPPORTUNITY TO VOTE TO ADOPT THIS NEW METHOD OF ELECTING COUNCILMEMBERS. EIGHT DISTRICTS, TWO AT LARGE AND ONE MAYOR AT LARGE. IF IT PASSES WE SEND IT UP TO THE DEPARTMENT OF JUSTICE FOR PRECLEARANCE OR POST CLEARANCE, WHATEVER IT IS THAT THEY DO. AND DURING THAT INTERIM WE WILL BE LOOKING AT THE MAPS AND ADOPTING IT. WE HAVE TO SEND — I'M ASSUMING WE HAVE TO SEND THE MAPS UP TO GET CLEARANCE. DO WE HAVE A STAFF PRESENTATION, CITY MANAGER?

I DON'T THINK WE HAVE ANYTHING DIFFERENT FROM YESTERDAY. RYAN, — AM I RIGHT, JOHN? WE'VE HAD A COUPLE MORE MEETINGS.

WE HAVE, AND THERE WAS SOMETHING I WOULD LIKE TO POINT OUT TO THE COUNCIL THAT WE HAVE OVERLAID ON THE EIGHT-DISTRICT SCENARIO THAT WE'VE BEEN SHOWING AT THE MEETINGS A MAP OF THE COUNTY AND ELECTION PRECINCTS. THE COUNTY ELECTION PRECINCTS ARE WHAT PEOPLE REFER TO AS VOTING BOXES. THE AREAS THAT ARE SERVED BY A POLLING PLACE. AND ESSENTIALLY WE HAVE DONE A PRETTY GOOD JOB OF NOT CUTTING THOSE BOXES WITH PROPOSED DISTRICT LINES, BUT THERE ARE A FEW INSTANCES WHERE WE HAVE DONE SO, AND I'D LIKE TO POINT THOSE OUT TO THE COUNCIL SO THAT YOU KNOW ABOUT THEM. THANKS. DO WE HAVE — DO WE HAVE — YOU DON'T THINK THE MAP IS BIG ENOUGH? THE PRECINCTS 273 AND 275, WHICH ARE IN THE BREAKER WOODS AND NORTH CAMPUS NEIGHBORHOODS, ARE ON THE BORDER OF PROPOSED DISTRICTS FIVE AND SIX. I THINK IT WOULD BE HELPFUL TO PUT UP A MAP. PRECINCTS 273 AND 275 ARE ON THE BORDER OF DISTRICTS 5 AND 6. AND THE DISTRICT LINE FOLLOWS 35TH STREET AND THE COUNTY PRECINCT LINE FOLLOWS 34TH STREET. SO THERE WOULD BE THE PEOPLE IN THOSE TWO ELECTION PRECINCTS WOULD, WHEN THEY WENT TO VOTE IN 2003 WOULD HAVE TO GET ONE BALLOT STYLE OR THE OTHER DEPENDING ON WHICH SIDE OF 35TH STREET THEY LIVED ON. THAT WOULDN'T BE THAT DIFFICULT TO ADMINISTER AND IT WOULD PROBABLY ONLY BE FOR THAT YEAR BECAUSE THE COUNTY REDRAWS ITS PRECINCT LINES IN ODD NUMBERED YEARS, WHICH IS THEN EFFECTIVE IN THE NEXT EVEN NUMBERED YEAR, BUT FOR THAT ONE YEAR WE WOULD PROBABLY HAVE TO SPLIT PRECINCTS THERE. IF WE PUT THOSE PRECINCTS BACK TOGETHER, WE WOULD CUT THE CIND SORE ROAD WEST UNIVERSITY AND NORTH UNIVERSITY PLANNING AREAS FOR A BLOCK, SO THE CHOICE THAT THE COUNCIL WOULD HAVE THERE WOULD BE WEATHER TO CUT THOSE TWO ELECTION PRECINCTS OFF FOR A BLOCK OR TO CUT THOSE THREE NEIGHBORHOOD PLANNING AREAS OFF FOR A BLOCK. SIMILARLY, PRECINCT 135, WHICH IS PART OF THE WILLSHIRE WOOD NEIGHBORHOOD TO THE PART OF IT THAT'S JUST NORTH OF AIRPORT IS ON THE BORDER OF DISTRICTS FIVE AND ONE. THE PRECINCT LINE FOLLOWS AIRPORT BOULEVARD. AND IF THE DISTRICT LINE CUT FOLLOWED THE PRECINCT LINE, THIS ENCLAIF WOULD GO INTO DISTRICT ONE INSTEAD OF DISTRICT FIVE WHERE IT CURRENTLY IS. THAT WOULD RESULT IN THE BOGGY CREEK NEIGHBORHOOD PLANNING AREA BEING SPLIT THREE WAYS. AND CURRENTLY IT'S ONLY SPLIT TWO WAYS. BUT THAT'S A PARTICULARLY DIFFICULT AREA BECAUSE IT'S RIGHT THERE ON A BORDER OF A COUPLE OF AREAS WHERE WE'RE WORKING WITH CLOSE TOLERANCES ON THE ETHNIC SHARE OF THE DISTRICTS. PRECINCT 438 IS SPLIT AT I-35 BETWEEN THE RAINY STREET AND GUADALUPE NEIGHBORHOODS. THIS IS ON THE BORDER OF DISTRICTS FIVE AND TWO. AND IF THE PRECINCT LINE WERE FOLLOWED, THE DOWNTOWN NEIGHBORHOOD PLANNING AREA WOULD BE SPLIT BY CUTTING THE RAINY STREET AREA OFF OF IT. PRECINCT 1 HUNDRED 24, WHICH IS THE FRENCHLYGATION NEIGHBORHOOD IS ON THE BORDER OF DISTRICTS ONE AND TWO. IT'S ACTUALLY WHERE DISTRICTS ONE, TWO AND FIVE COME TOGETHER. THE NEIGHBORHOOD IS IN DISTRICT TWO, BUT THE PRECINCT IS MAINLY IN DISTRICT ONE. THE PRECINCT LINE FOLLOWS 7TH STRENGTH AND I-35. AND IF THE PRECINCT LINE WERE FOLLOWED IT WOULD ACTUALLY CURE THE SPLIT OF THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLANNING ASSOCIATION THAT WE CURRENTLY HAVE. AND WE WOULD PROBABLY DO THAT WITHOUT DOING MUCH DAMAGE TO THE ETHNIC SHARE IN AREA ONE. SO THAT'S ONE THAT THE COUNCIL MAY WANT TO CONSIDER. AND FINALLY, PRECINCT 433 IS SPLIT AT ST. ED'S DRIVE. THIS IS ON THE BORDER OF DISTRICTS FIVE AND TWO. WE COULD EASILY PUT ALL OF THAT PRECINCT INTO DISTRICT 2, BUT THAT WOULD SPLIT THE SOUTH RIVER CITY NEIGHBORHOOD PLANNING ASSOCIATION. SO THE QUESTION I GUESS IS WHETHER COUNCIL IS MORE WILLING TO SPLIT THE ELECTION PRECINCTS THAN THE NEIGHBORHOOD PLANNING ASSOCIATIONS. THE COUNTY SHOULD FIX THESE SPLITS WHEN THEY COME BACK AND REDO THE COUNTY ELECTION PRECINCTS IN 2003. AND WE'RE GOING TO CHECK TO MAKE SURE WE DON'T HAVE MORE COMPLICATING FACTORS LIKE STATE REP DISTRICTS AND STATE SENATOR AL DISTRICTS IN THERE. THE COUNTY — IN ODD NUMBERED YEARS THE COUNTY IS SUPPOSED TO DIVIDE THE COUNTY INTO THESE PRECINCTS, AND IN DOING SO THEY'RE NOT SUPPOSED TO SPLIT A COMMISSIONER PRECINCT, A JUSTICE PRECINCT, A CONGRESSIONAL DISTRICT, A STATE REP DISTRICT, A STATE SENATOR AL DISTRICT OR A WARD IN A CITY LIKE US, BUT, OF COURSE, WE NEVER HAD WORDS BEFORE, SO THEY'VE NEVER HAD TO WORRY ABOUT US BEFORE. SO IN THESE FAIF CASES, THEY WILL HAVE TO ADJUST THEIR LINES OR WE WILL. AND IT WOULD BE — IT'S REALLY UP TO THEM TO CONFORM TO US, NOT THE OTHER WAY AROUND, BUT OF COURSE WE WANT TO BE NICE AND ALSO IN THE YEAR 2003 THEY PROBABLY WON'T HAVE HAD A CHANCE TO CHANGE THEIR LINES YET. SO WE PROBABLY WOULD HAVE TO DEAL WITH TWO BALLOT STYLES IN THOSE FIVE PRECINCTS. BUT LIKE SAY, THAT'S SOMETHING THAT CAN BE HANDLED WITH VOTER EDUCATION AND WITH EDUCATION OF THE PEOPLE WHO ARE RUNNING THE POLLING PLACE AND SHOULDN'T PRESENT A PROBLEM. BUT IT'S SOMETHING THAT I DID WANT THE COUNCIL TO BE AWARE OF.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: MY THINKING ON THAT IS THAT, FRANKLY, PRECINCT LINES ARE QUITE ARBITRARY. OUR PLANNING BOUNDARIES ARE, YOU KNOW, HAVE A LOT OF RHYME AND REASON AND RATIONALE BEHIND THEM. SO I FEEL VERY COMFORTABLE FOR A INTERIM BASIS SPLITTING A PRECINCT AND KEEPING OUR NEIGHBORHOOD PLANNING AREAS AS INTACT AS POSSIBLE AND KNOWING THAT BY LAW THE COUNTY HAS TO COME IN AND FIX THE PRECINCT LINES ANYWAY.

IT'S NOT SOMETHING YOU HAVE TO DECIDE NOW, BUT IT'S INFORMATION I WANTED YOU TO HAVE SOONER RATHER THAN LATER.

MAYOR GARCIA: FURTHER QUESTIONS? WE HAVE ONE SPEAKER, ROSS SMITH. MR. SMITH, WELCOME, SIR.

THANK YOU, MAYOR, COUNCIL. I'D LIKE TO DISCUSS A COUPLE OF ASPECTS OF REDISTRICTING. A LOT OF YOUR FOCUS HAS BEEN ON THE MAP THAT YOU'RE PUTTING TOGETHER NOW AND I'D LIKE TO TALK ABOUT WHAT HAPPENS EIGHT YEARS FROM NOW. MR. SLUSHER AT LAST MONTH RAISED THE QUESTION OF USING A REDISTRICTING COMMISSION. I WOULD STRONGLY SUGGEST THAT YOU DO THIS. HE WAS AFRAID THAT YOU ALL WOULD BE MOVING OUT AHEAD OF EVERYBODY ELSE. WELL, YOU'RE NOT. THERE ARE NINE STATES THAT I KNOW OF THAT ALREADY USE A COMMISSION. YOU MIGHT HAVE IT SO THEIR REPORT COMES TO THE COUNCIL FOR AN UP OR DOWN VOTE, BUT IT WOULD BE GOOD TO REMOVE THE WHOLE PROCESS OF DRAWING THE LINES FROM THE COUNCIL, I BELIEVE. NO REFLECTION ON YOU FOLKS, BUT REDISTRICTING TENDS TO BRING OUT THE WORST IN ELECTED OFFICIALS BECAUSE THE BOTTOM LINE IS THEY ALL WANT TO MAKE SURE WHEN THE LINES ARE DRAWN THAT THEY HAVE A SAFE SEAT. SO THAT IS WHAT IS LIKELY TO HAPPEN IN 2011. SO I WOULD URGE YOU TO RECONSIDER USING A REDISTRICTING COMMISSION. THE SECOND THING THAT CAME UP IN PAST HEARINGS ON THIS WAS THE IDEA OF HAVING SOME FORM OF INTERMEDIARY REDISTRICTING WHEN A MAJOR ANNEXATION IS DONE OR TO MEET CHANGES IN INTERMEDIATE CHANGES IN POPULATION DENSITY AND THE DIFFERENT DISTRICTS. THIS STRIKES ME AS A RECIPE FOR PERPETUAL REDISTRICTING. IF YOU DECIDE TO GO THIS WAY, I STRONGLY SUGGEST THAT YOU PUT IN SOME KIND OF A TRIGGER TO SAY A MERGER WITH ANOTHER MUNICIPALITY. IF WE WERE TO MERGE WITH BUDA, IS NOT — IT'S NOT UNHEARD OF, IT'S NOT EXPECTED, BUT 10 YEARS FROM NOW WHO KNOWS. THAT WOULD OBVIOUSLY NECESSITY SOME TYPE OF — NECESSITATE SOME TYPE OF REDISTRICTING. OR IF YOU HAVE AN ANNEXATION THAT INCREASES THE SIZE OF ONE DISTRICT BY, SAY, 20%, SO THAT IT CLEARLY EXCUSE THINGS ON. IF YOU HAVE IT SET UP SO THAT ANY ANNEXATION OR ANY SHIFT OR FLUX IN THE POPULATION WILL TRIGGER AN INTERMEDIARY REDISTRICTING, MY FEAR IS THAT IT WILL GO ON FOREVER, THAT YOU WILL NEVER HAVE SETTLED LINES THAT VOTERS CAN COUNT ON. THE LEGISLATURE'S EXPERIENCE WITH THIS IS IT TAKES FIVE OR SIX YEARS BEFORE LINES GET SETTLED. AND VOTERS GET VERY, VERY FRUSTRATED BY THAT. SO I WOULD SUGGEST TO YOU TO RESTRAIN YOURSELVES FROM THE IMPULSE TO TRY AND KEEP THE LINES TO ONE MAN, ONE VOTE. MR. SLUSHER MENTIONED THAT WE TRY AND ACHIEVE THAT GOAL. WELL, THE PRACTICAL MATTER, WE ARE IN COMPLIANCE WITH ONE MAN, ONE VOTE FOR ABOUT 15 MINUTES AFTER THE LINES ARE FINAL LINES AND THEN PEOPLE MOVE, PEOPLE MOVE IN, PEOPLE MOVE OUT, THEY RELOCATE AND ANNEXATIONS ARE DONE. [ BUZZER SOUNDS ] AND THEY GET SKEWED. THAT'S WHY WE DO IT ONLY EVERY 10 YEARS. SO THANK YOU.

MAYOR GARCIA: THANK YOU, MR. SMITH. THAT'S ALL THE SPEAKERS THAT WE HAVE OUT THERE. IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? MOTION BY EVERYBODY. SECED BY EVERYBODY. — SECONDED BY EVERYBODY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES. ANY DISCUSSION? WE DON'T TAKE ACTION TONIGHT, DO WE, JOHN?

NO.

MAYOR GARCIA: OKAY. ITEM NUMBER 32. WHO'S GOING TO MAKE THE PRESENTATION, CITY MANAGER?

PETER, ARE YOU GOING TO START ON THE PRESENTATION OR WILL WE HAVE CHRIS?

MAYOR GARCIA: ITEM 32 IS APPROVE A RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, AUSTIN, TEXAS FOR ENGINEERING SERVICES FOR THE TRAVIS WATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED THREE AND A HALF MILLION DOLLARS. AND IT'S THE BEST OF FIVE RFQ'S SUBMITTED AS PER THE STAFF.

GOOD EVENING MAYOR AND COUNCIL. MY NAME IS CHRIS AND I'M DIRECTOR OF WATER AND WASTEWATER DEPARTMENT. I'D LIKE TO GIVE YOU A LITTLE BIT OF BACKGROUND ON THE PROJECT, THE NEED FOR THE PROJECT AND THEN WE'LL — I'D LIKE TO INTRODUCE THE PROJECT MANAGER AND AN ASSISTANT DIRECTOR AT THE WATER AND WASTEWATER TO GIVE YOU SOME ADDITIONAL INFORMATION ABOUT THE DETAILS FOR THE PROJECT. FROM TIME TO TIME THE CITY ADDS INCREMENTAL CAPACITY, WATER TREATMENT AND DISTRIBUTION SYSTEM CAPACITY. CURRENTLY AT THE ULRICH WATER TREATMENT PLANT WE'RE DOING A 60 MILLION GALLON A DAY EXPANSION. SO WE HAVE A NEED PROJECTED BY THE YEAR 2009 FOR ADDITIONAL TREATMENT CAPACITY, SO THAT'S WHAT THIS PROPOSED PROJECT IS ABOUT. FOR AT LEAST THE LAST 27 YEARS, LONG RANGE PLANS HAVE RECOMMENDED A LAKE TRAVIS PLANT WITH LAKE TRAVIS AS OUR LONG-TERM RELIABLE SOURCE AND A FOURTH WATER TREATMENT PLANT TREATING WATER FROM THIS SOURCE. IN THE MID 1980S A PLANT SITE WAS PURCHASED LOCATED ON 2222 NEAR 620. IT'S ON THE NORTH SIDE OF 2222. AND PLANS WERE MADE FOR CONSTRUCTION. THESE PLANS WERE SLOWED DOWN AND THE — IN THE ECONOMIC SLOWDOWN OF THE MID 80'S. AND OTHER INCREMENTAL CAPACITY IMPROVEMENTS SINCE THAT TIME HAVE POSTPONED THIS PLANT UNTIL NOW. WE CONTINUED, THOUGH, TO PLAN OUR DISTRIBUTION SYSTEM, OUR PUMP STATIONS AND RESERVOIRS AROUND A SYSTEM THAT INCLUDES A SOURCE OF WATER AND A PLANT NEAR THIS LOCATION. SO THE — JUST A COUPLE OTHER POINTS. OUR SYSTEM IS INTERCONNECTED, SO ALTHOUGH THIS PLANT IS LOCATED NEAR LAKE TRAVIS AND IN WHAT IS THE DRINKING WATER PROTECTION ZONE, OUR SYSTEM IS INTERCONNECTED AND THIS PLANT IS WELL SITUATED TO SERVE ALL OF AUSTIN, BUT TO SERVE THE DESIRED DEVELOPMENT ZONE. AT THIS POINT LET ME INTRODUCE ANDY CO-VAR. HE'S THE ASSISTANT DIRECTOR OVER THE PLANNING AREA OF THE UTILITY AND HE'LL GIVE YOU SOME ADDITIONAL INFORMATION ABOUT THE SITE ITSELF AND SOME OF THE DETAILS OF THIS PROJECT.

GOOD EVENING MAYOR AND COUNCIL. MY NAME IS ANDY KOVAR AND I'M AN ASSISTANT DIRECTOR OF THE UTILITY. OVER THE PAST EIGHT OR NINE MONTHS WE HAVE TAKEN A NEW LOOK AT OUR WATER PRODUCTION CAPACITY VERSUS OUR PEAK SUMMER DAY DEMAND. AND THOSE ARE THE KEY VARIABLES THAT WE USE TO DETERMINE WHETHER OR NOT A NEW INCREASE IN WATER TREATMENT PRODUCTION CAPACITY IS REQUIRED. ANY WAY WE LOOKED AT THAT WE HAVE CLEARLY MET THOSE TRIGGERS TO BEGIN PRELIMINARY WORK, ENGINEERING WORK, DESIGN AND CONSTRUCTION OF AN INCREASE IN CAPACITY. LIKE CHRIS SAID OVER THE LAST 20 YEARS, OVER STUDY THAT THE UTILITY HAS DONE AND BEEN INVOLVED WITH INDICATES THAT A TREATMENT PLANT DRAWING ITS WATER FROM LAKE TRAVIS REPRESENTS THE LOWEST LONG-TERM COST OPTIONS FOR PROVIDING SIGNIFICANT INCREASES IN THE WATER PRODUCTION SYSTEM. AND THAT'S THE ITEM BEFORE YOU TODAY, TO BRING ON THE CONSULTANT RESOURCES TO DELIVER THAT INCREASING CAPACITY IN THE YEAR 2009. JUST A LITTLE BIT OF BACKGROUND IN TERMS OF TO GIVE YOU A FEEL FOR HOW MUCH THAT NEW PRODUCTION CAPACITY IS NEEDED. BY MOST CONVENTIONAL MEASURES THAT WE CAN FIND USED BY OTHER CITIES, AUSTIN'S RESERVE LAST SUMMER WAS AS THIN AS ANY OTHER MAJOR CITY IN THE STATE IN TERMS OF HAVING RESERVE CAPACITY TO MEET THE NEEDS OF THE CUSTOMERS ON THAT HOT SUMMER DAY. THE OTHER — OUR RESERVE LAST SUMMER WAS APPROXIMATELY THREE PERCENT. OTHER CITIES IN THE STATE RANGE FROM 15 PERCENT OR SO UP TO WELL OVER 40%. THAT'S THE SPARE TIRE WE HAD LAST SUMMER. A HISTORICAL FACT IN TERMS OF HOW THE WATER PRODUCTION SYSTEM HAS DEVELOPED OVER THE YEARS, THE ORIGINAL PLANTS IN AUSTIN, THE GREEN PLANT, THE OLDEST PLANT, AND THE DAVIS AND ULRICH PLANT, HAVE REALLY EXISTED IN THOSE SITES FROM THE MOST RECENT FORWARD FOR THE LAST 50 YEARS. AND IN 1973, OUR SERVICE AREA WAS ROUGHLY ONE-FOURTH THE SIZE THAT IT IS TODAY. SO WE'RE TRYING TO SERVE AN AREA FOUR TIMES AS LARGE, WITH THE PLANTS THAT WERE LOCATED ULTIMATELY NEARLY 50 YEARS AGO, AND PUSH WATER THAT MUCH FURTHER OUT TO THE EDGES. AND THAT'S PROBABLY THE KEY INDICATOR WHY THE TRAVIS PLANT CONSISTENTLY SHOWS UP AS THE LOWEST COST LONG-TERM OPTION. AND I DON'T WANT TO MINIMIZE THE COST OF THAT PROJECT, BUT IN THE LONG-TERM THE LAKE TRAVIS SUPPLY IS THE PREFERRED LOCATION. THAT PLANT, AS IT IS PROPOSED, WOULD SERVE WATER TO CUSTOMERS ALL THE WAY ACROSS THE NORTH SIDE OF TOWN OVER TO THE NORTHEAST. ONE FEATURE OF THE PLANT IS THAT IT'S LOCATED ON A HIGH PEAS OF GROUND NEAR LAKE TRAVIS AND GRAVITY FEEDS THE SYSTEM FROM SUCH A HIGH ELEVATION THAT WE CAN DO ENERGY RECOVERY ON THE DOWNSTREAM OF THAT WATER TRANSMISSION. SO AGAIN, THE CUSTOMERS ARE — THE PLANT SERVES CUSTOMERS WHERE THE GREATEST DEMAND FOR CUSTOMERS HAS BEEN AND WE EXPECT TO BE IN THE FUTURE. THE COMPLETION OF THIS PLANT PROPOSED IN 20 09D WOULD CHANGE THAT RESERVE CAPACITY JUST FROM THE THREE PERCENT WE HAVE TODAY TO UP INTO THAT 15% OR THE 20% RANGE WHEN IT OPENS. SO IT'S NOT LIKE WE'RE BUILDING 40% MORE CAPACITY THAN WE NEED. IT'S GOING TO BE VERY MUCH NEEDED IN 2009, AND THAT'S A GOOD ARGUMENT FOR INCREASES IN CAPACITY RIGHT NOW, AND WE HAVE PROJECTS UNDERWAY AT THE ULRICH PLANT THAT ARE DESIGNED TO SEE US OVER THAT HUMP. WE CONTINUE TO LOOK AT OTHER LOCATIONS FOR INCREASES IN WATER PRODUCTION CAPACITY. I MENTIONED THE PROJECT AT ULRICH. THE DAVIS PLANT IS SOMEWHAT LIMITED IN ITS ABILITY TO EXPAND PRODUCTION CAPACITY. WE LOOK AT OTHER SITES. WE HAD LONG RANGE PLANS FOR AN EAST SIDE PLANT, BUT RIGHT NOW THE CUSTOMERS ARE NOT THERE, BUT WE CERTAINLY HAVE EVERY INTENTION OF CONTINUING TO LOOK AT THE EAST SIDE FROM WATER TREATMENT PLANT FROM SOME POINT IN THE FUTURE. AS TO THE TRAVIS SITE THAT WE HAVE, THIS WAS A SITE ACQUIRED IN THE '80'S, SPECIFICALLY FOR THIS PLANT. I THINK IT'S GENERALLY UNDERSTOOD BY MOST PEOPLE THAT THAT IS AN EXTRAORDINARILY ENVIRONMENTALLY SENSITIVE AREA, AND OUR INITIAL EFFORTS HERE AS WE PROPOSE IN THE ITEM BEFORE YOU IS TO SPEND A LOT OF THIS INITIAL YEAR DOING ENVIRONMENTAL STUDIES AS WELL AS PRELIMINARY ENGINEERING WORK. THERE ARE A NUMBER OF UNKNOWNS THAT WE INTEND TO SOLVE HERE, BUT LET ME ADDRESS THE SITE FIRST. OUR PROPOSAL HERE IS THAT IN THE INITIAL SEVERAL MONTHS TO DO A VERY FAST TRACK.

ENVIRONMENTAL EXAMINATION OF THAT SITE, DESIGNED TO IDENTIFY ANY FATAL FLAWS IN THAT SITE, IS AN AREA THAT IS PART OF THE EDWARDS RECHARGE ZONE. PROJECTS NEARBY HAVE ENCOUNTERED A NUMBER OF CARTS FEATURES. I'M SURE ON THIS SITE THAT WE'LL IDENTIFY CARST FEATURES. AND THOSE BASED ON THEIR SIZE, LOCATION AND NUMBER WILL DETERMINE TO A LARGE NUMBER WHETHER OR NOT THIS SITE CAN BE DEVELOPED FOR A WATER TREATMENT PLANT. IF IT IS NOT SUITABLE FOR A WATER TREATMENT PLANT, WE PROPOSE TO IDENTIFY THAT AS SOON AS POSSIBLE, PROCEED WITH SITE SELECTION ON ANOTHER SITE AND PROCEED WITH THE ENVIRONMENTAL AND ENGINEERING PROGRAM BASED ON ANOTHER SITE. ONE OF THE OTHER UNKNOWNS IN THE PROJECT AND ONE THAT WE REALLY NEED TO TRY TO TRY DOWN AS SOON AS WE CAN IS THE TREATMENT PROCESS TO BE USED AT THIS PLANT. AUSTIN HAS A VERY LONG AND SUCCESSFUL HISTORY WITH THE TREATMENT PROCESS CALLED LIME SOFTENING. THAT IS AN EXTRAORDINARILY AGGRESSIVE AND STRONG WATER TREATMENT PROCESS, VERY SOUND. IT TOO, HOWEVER, HAS SOME ENVIRONMENTAL QUESTIONS ABOUT IT AS THE INITIAL ENGINEERING WORK — AS THE INITIAL ENGINEERING WORK WE WILL BE LOOKING AT SOME ALTERNATIVES THAT MAY BE PREFERABLE AT THAT LOCATION. IT'S FAIR TOO EARLY TO SAY, BUT IT IS TIME FOR AUSTIN TO EXAMINE THOSE PROCESS QUESTIONS AGAIN AND WRAP THOSE INTO THE SITE EVALUATION PROCESS, AGAIN, A KEY COMPONENT OF THE ENVIRONMENTAL INVESTIGATION IN SIGHT PLANNING. I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

MAYOR GARCIA: QUESTIONS FOR MR. KOVAR? COUNCILMEMBER ALVAREZ?

ALVAREZ: THIS HAS TO DO MORE WITH THE ACTIVITIES THAT GO ON RELATED TO ALL THE ENGINEERING AND DESIGN THAT WILL BE HAPPENING. AND IN THIS CONTRACT WE'VE BEEN HEARING ABOUT, THIS IS ONE OF THE BIGGEST PROJECTS WE'LL BE AWARDING IN A LONG TIME, AND YET IT'S A THREE AND A HALF-MILLION-DOLLAR CONTRACT RIGHT NOW, BUT IF COULD YOU — COULD YOU WALK THROUGH WHY WE THINK THIS IS A-MILLION-DOLLAR PROJECT THAT — AS WELL AS THE PROJECTS AND THE ENGINEERING AND INTIEN DESIGN, BUT ALSO THE CONSTRUCTION AND HOW THAT RELATES TO THIS PARTICULAR AWARD? BECAUSE THIS WOULD BE ONE OF THE BIGGEST PROJECTS, AT LEAST SINCE I'VE BEEN ON THE COUNCIL, AND I WANT TO UNDERSTAND THAT A LITTLE BETTER.

CERTAINLY. IT IS A LARGE PROJECT AND IT'S ONE OF THOSE THINGS WHERE THE COST OF ENTRY IS STEEP. THE ADVANTAGE OF THIS SITE IS THAT IT'S LOCATED BETWEEN OUR BEST SOURCE OF WATER, WHICH IS LAKE TRAVIS, AND THE HIGHEST DEMAND AREAS THAT WE PLAN ON SERVING, WHICH IS TO THE NORTH AND NORTHEAST. THAT ADVANTAGE, HOWEVER, IN TERMS OF THAT LOCATION IS COUNTERBALANCED IN A WAY BECAUSE OF THE SENSITIVE FEATURES. ONE OF THE KEY CIVIL ENGINEERING COMPONENTS OF THE PROJECT IS THE INTAKE INTO THE LAKE. THAT INTAKE IS A SUBSTANTIAL CIVIL ENGINEERING STRUCTURE. IT'S A MASSIVE STRUCTURE. AND IT HAS TO BE SIZED BECAUSE OF THE NATURE OF THE PROJECT FOR SOME SIGNIFICANTLY LARGER CAPACITY THAN THE CAPACITY THAT WE PROPOSE TO BUILD AT FIRST. THE PROPOSAL IS TO BUILD 50 MILLION GALLONS A DAY OF WATER TREATMENT CAPACITY, BUT WE ARE LIKELY TO BUILD AN INTAKE STRUCTURE OF AS MUCH AS 150 MILLION GALLONS A DAY OR EVEN HIGHER, DEPENDING ON HOW WHEN WE GET TO THAT POINT IN THE DESIGN THE PROJECTED CAPACITY STARTS TO LOOK. AND THAT IS A SUBSTANTIAL STRUCTURE COSTING MANY TENS OF MILLIONS OF DOLLARS BY ITSELF. SO THE UNIT COSTS ON THE FIRST PART ARE HIGH. THE NEXT 50MGD THE UNIT COST ON THAT DROPS TO SOMETHING ON THE ORDER OF 50 OR 60% OF THE INITIAL UNIT COST. SO TO ADD ON STRUCTURES WILL BE MUCH MORE AFFORDABLE.

ALVAREZ: AND THAT'S ALL INCLUDED IN THE 200 MILLION. I'M NOT SURE WHERE THAT NUMBER CAME FROM, BUT THAT'S JUST —

THE ESTIMATED 200 TO 280-MILLION-DOLLAR PROJECT COST IS INCLUSIVE OF ENGINEERING AND OTHER SERVICES, AND THAT'S AN ESCALATED NUMBER DESIGNED I THINK AROUND PUBLIC WORKS ESTIMATE OF COST IN THE YEAR 2006, WHICH IS KIND OF MIDWAY IN THE CONSTRUCTION PHASE. SO IT IS A COST ESCALATED NUMBER.

AND COUNCILMEMBER, I MAY HAVE CAUSED SOME OF THIS CONFUSION MYSELF. WE'VE HEARD SO MUCH DISCUSSION ON THE DIAS OF THE COUNCIL WANTING TO KNOW WHAT THE FULL IMPACT OF THE COUNTY CONTRACT IS GOING TO BE THAT WE MADE A CALCULATED DECISION TO GO OUT THERE WITH ESTIMATES ON THE TOTAL AMOUNT FOR ENGINEERING AS WELL AS THE POSSIBLE TOTAL AMOUNT TO FINISH THE PLANT AS A WAY FOR YOU TO SEE THE SIZE AND VOLUME OF THIS CONTRACT AND ITS POTENTIAL.

AND I WOULD LIKE TO MENTION THAT THE 280-MILLION-DOLLAR NUMBER CERTAINLY BY ALL OF US WHO HAVE LOOKED AT IT LOOKS LIKE A HIGH UPSET NUMBER. AS WE LOOK AT SOME OF THESE PROCESS ALTERNATIVES THAT WE HAVE, IT MAY BE SIGNIFICANTLY SMALLER THAN THAT, BUT WE'LL MAKE EVERY EFFORT TO MAKE IT SO, BUT WE DON'T WANT TO COME BACK LATER WITH A BIGGER NUMBER, SO WE'RE GIVING YOU A VERY CONSERVATIVE TOP END ESTIMATE.

ALVAREZ: THAT'S ESTIMATED FOR THE 150MTD OR JUST FOR THE INITIAL 50?

THAT IS FOR THE INITIAL 50 WITH THE INTAKE STRUCTURES NECESSARY TO OPERATE THE PLANT.

ALVAREZ: AND JUST IN TERMS OF — YOU'VE GOT YOUR PROFESSIONAL SERVICES, DESIGN AND ENGINEERING AND THEN YOU HAVE A CONSTRUCTION OF THE INSTRUCT ITSELF, NOW, HOW IS IT THAT WORK IN TERMS OF APPROVING THE FUNDING FOR THAT, FOR THE ACTUAL WORK OF PUTTING IN THE INFRASTRUCTURE?

FOR THE FUNDING OR THE —

ALVAREZ: AWARDING — THAT WOULD GO TO WHATEVER FIRM EYE SVEN ACTUALLY GETS ELECTED HERE OR IS THAT SOMETHING THAT GOES PUT OUT FOR BID?

THAT'S CORRECT. THE CONSULTANTS SELECTED UNDER THIS REQUEST FOR COUNCIL ACTION, WE WOULD COME BACK TO COUNCIL AT THE END OF THESE PRELIMINARY STUDIES WITH A SPEED LIMIT AL AMENDMENT FOR DESIGN SERVICES. AND SUBSEQUENT TO THAT CONSTRUCTION SERVICES AS THE BASE PLAN.

ALVAREZ: SO THAT WOULD BE FOR EACH PARTICULAR PHASE? HOW WOULD WE DECIDE DWOOEUD THAT UP?

IT'S TYPICALLY DIVIDED BETWEEN THE PRELIMINARY ENGINEERING AND THE DESIGN PHASE AND THE CONSTRUCTION PHASE. THOSE ARE THE KEY PIECES OF THAT. NOW, WE HAVE TAKEN SOME PARTS OF THE PROJECT OUT OF THAT SCOPE OF WORK. THOSE WOULD BE THE TRANSMISSION MAINS THAT WOULD DELIVER THE WATER FROM THE PLANT TO THE DISTRIBUTION SYSTEM, SO THERE WOULD BE SEPARATE SOLICITATION.

ALVAREZ: YOU PULLED THAT OUT.

THE SEPARATE SOLICITATIONS ON THOSE AND THOSE DESIGN CONTRACTS ARE BROUGHT BACK TO THE COUNCIL FOR SELECTION BY OTHERS. FOR DESIGN BY OTHERS.

ALVAREZ: OKAY.

MAYOR GARCIA: IF THE WORK IS GOING TO BE BROKEN UP INTO DOING A SITE ASSESSMENT ITSELF AND THEN DOING SOMETHING ELSE AND ASKING FOR COSTS, YOUR DEPARTMENT HAS SAID THAT THEY COULD DO THE ENVIRONMENTAL ASSESSMENT TO DETERMINE IF THEY COULD BUILD A PLANT ON THIS SIDE GIVEN THE KARST FORMATIONS FOR ABOUT 1.4 MILLION DOLLARS. THIS CONTRACT IS FOR THREE AND A HALF. WHAT ELSE IS ENTAILED IN THE SCOPE OF SERVICES, THE YOUNG ENVIRONMENTAL ASSESSMENT?

A ROUGH BREAKOUT OF THAT WOULD INCLUDE SEVERAL OTHERS COMPONENTS. AND YOU'RE CORRECT, APPROXIMATELY 1.4 MILLION DOLLARS IS SET ASIDE FOR THE ENVIRONMENTAL PROGRAM. OTHER THINGS WHICH ARE REALLY VERY CRITICAL IN THIS PRELIMINARY PHASE FOR US TO UNDERSTAND FROM THE PLANT SIDE, FOR EXAMPLE, IS THIS PROCESS EVALUATION THAT I'VE DESCRIBED. THE EARLIER WE CAN MAKE A DECISION ABOUT WHAT TREATMENT PROCESS WE'RE GOING TO USE TO PROCESS THIS WATER, THE MORE EFFICIENTLY WE CAN ACCOMPLISH THE DESIGN STEPS. SO PROCESS EVALUATION, OPERATIONS AND MAINTENANCE EVALUATIONS, THAT'S A PART OF THAT BECAUSE THE TECHNOLOGIES THAT ARE AVAILABLE TODAY ARE QUITE DIFFERENT IN TERMS OF THE OPERATIONAL PROCESSES YOU USE AND WHAT THE EQUIPMENT IS. WE WOULD ALSO DEVELOP AT THAT POINT A PLANT COMPONENT ANALYSIS WHERE WE'RE LOOKING AT WHAT KINDS OF PROCESS UNITS ARE THERE, HOW LARGE ARE THEY AND HOW ARE THEY INTERCONNECTED. AND THAT FEEDS INTO A PLAN FOR THE SITE. AND I'LL GIVE YOU JUST AN EXAMPLE OF HOW THAT MIGHT WORK. IF OUR ENVIRONMENTAL PROGRAM IS FINDING FEATURES ON THAT SITE THAT MUST BE AVOIDED, WILL THAT — WELL, THAT AFFECTS HOW WE ENGINEER THE PLANNING AND THE LOCATION OF THESE VARIOUS UNIT PROCESSES AROUND THAT SITE. SO IN THAT SENSE THE QUOAMENT OF THE SITE AND OUR ABILITY TO ESTIMATE COSTS FOR THAT SITE LAYOUT, WHICH IS PARTIALLY DRIVEN BY ENVIRONMENTAL FEATURES, THAT WOULD NOT BE AN UNEXPECTED RESULT. THOSE TWO DIFFERENT PROCESS, THE ENVIRONMENTAL AND THE SITE PLANNING, THE SITE ENGINEERING KIND OF GO HAND IN HAND. THE OTHER THINGS THAT WILL BE DEVELOPED IN THIS INITIAL PROCESS ARE INITIALLY A PROJECT DELIVERY PLAN WHERE WE'LL TIE ALL OF THOSE COMPONENTS TOGETHER. A SUBSTANTIAL STAKEHOLDER AND PUBLIC INFORMATION PROCESS. AND LASTLY THE DEVELOPMENT OF A MUCH MORE DETAILED AND LOWER, WE HOPE, AND MORE NARROW RANGE COST ESTIMATE FOR THE FINAL PROJECT.

MAYOR GARCIA: THANK YOU. QUESTIONS FOR MR. KOVAR? WE HAVE QUITE A FEW PEOPLE SIGNED UP TO SPEAK. AND SOME OF THEM HAVE GIVEN A LOT OF TIME TO OTHER PEOPLE.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: BEFORE THE SPEAKERS, ON THE SITE ITSELF, REMIND ME. A PORTION OF WHAT WAS THE ORIGINAL CITY HOLDINGS FROM THE '80'S HAS BEEN SET INTO THE PCB PRESERVE, CORRECT?

YES, SIR.

WYNN: AND WAS THAT DONE WITH SORT OF FISH AND WILDLIFE VORMENT AND WAS SORT OF AN INDIVIDUAL 10-A PERMIT AS PART OF THAT OR WAS THAT JUST SIMPLY A CITY DONATION TO THE PCB ITSELF?

I'M AFRAID I'M A LITTLE WEAK IN THE DETAILS OF THAT. I'M RELATIVELY NEW TO THAT. BUT I WILL TELL YOU THAT 57% OF THE SITE, SO A SIGNIFICANT MAJORITY OF THE SITE, HAS BEEN SET ASIDE IN CONSERVATION EASEMENT FOR BCP. AND THE REMAINING PART WAS SPECIFICALLY IDENTIFIED AND SET ASIDE FOR THE CONSTRUCTION OF A WATER PRODUCTION FACILITY. AND I BELIEVE THAT'S LISTED THAT WAY IN THE PERMIT.

WYNN: I GUESS MY QUESTION IS HOW SPECIFICALLY NEGOTIATED WAS THAT AND WAS THAT PERCENTAGE A VERY DEFINITIVE AMOUNT BASED ON A PROPOSED USE AS A WATER AND TREATMENT PLANT?

MY UNDERSTANDING IS IT WAS.

WYNN: AND WAS THAT PROBABLY INDEPENDENT OF ANY INDIVIDUAL SIGNIFICANT ENVIRONMENTAL FEATURES OR WAS THAT SORT OF A BROADER, YOU KNOW, ALLOCATION OF LAND?

IT WAS SPECIFIC TO A SITE DEFINED FOR THE PLANT. MUCH OF THE SITE IS LOW LAND KIND OF AREAS WITH FAIRLY SHARP DIVIDES THROUGH THERE. THERE'S A PLATEAU WHICH WAS SET ASIDE FOR THIS SITE BECAUSE THAT'S THE AREA THAT IS MOST USABLE FOR A TREATMENT PLANT. SO I THINK THE SET ASIDE WAS SPECIFIC TO THIS PARTICULAR PROJECT. THE ENVIRONMENTAL WORK THAT WAS DONE THEN IS GOING TO BE REVIEWED AND, FRANKLY, REDONE IN THIS PROPOSED EFFORT BECAUSE I THINK SO MUCH TIME HAS PASSED, THE UNDERSTANDING OF SOME OF THESE ISSUES HAS CHANGED OVER THE PAST 17 OR 17 YEARS. OUR PROPOSAL IS TO DO THAT WITH SUBSTANTIAL DETAIL AND PROBABLY MUCH MORE DETAIL THAN IT WAS BEFORE.

COUNCILMEMBER, JUST TO SEE IF I CAN CLARIFY, AND CHRIS, CORRECT ME IF I'M WRONG. IT WAS AN OLD INDIVIDUAL 10-A PERMIT. IT SET ASIDE THE LAND FOR THE HABITAT ONLY, NOT FOR ENVIRONMENTAL KARST FEETURES SET BACK. I THINK EVERYBODY AGREES WE WILL HAVE TO GO BACK THROUGH THAT PROCESS BECAUSE OF THE AGE OF THAT. I MIGHT BE FUZZY ON A LITTLE OF THIS. IT WAS A LONG TIME AGO, BUT THAT'S THE WAY I REMEMBER IT.

THAT'S CORRECT. AND AT THE TIME WHEN THE CITY WAS TRYING TO ACCUMULATE A CRITICAL MASS OF ACREAGE TO GET THE BCP STARTED, SO IT WAS ALL PUT TOGETHER TOGETHER WITH OTHER PROPERTIES. ANDY SAID IT WAS 57% OF THE SITE. IT WAS PLACE BAEUSED ON SLOPES AND UPLANDS AND KARST FEATURES. WE DO HAVE A 10-A PERMIT. THE SITE WAS A UTILITY CORRIDOR IN THE MANAGEMENT PLAN APPROVED BY FISH AND WILDLIFE, BUT AGAIN NOT SO MUCH BASED ON KARST FEATURES, BUT JUST SLOPES, CANYON LANDS, VERSUS PLAT.

MAYOR GARCIA: THANK YOU VERY MUCH. WEEY HAVE REACHED AN AGREEMENT OUT THERE TO SPEND NO MORE THAN 10 MINUTES PER SIDE. THE TWO FIRMS WANT TO ADDRESS, THE CAROLLO TEAM AND THE CH2 TEAM. AND THE NAMES THAT HAVE BEEN GIVEN TO ME — I'M GOING TO READ ALL THE CARDS IN A MINUTE, BUT YOU GUYS CAN BE GETTING READY. FOR THE CAROLLO TEAM, JERRY HARRIS, STEVIE HAIGER AND MARK COTERA. FOR THE CH2 TEAM, STEVE ARM BRIEWRTS AND ANOTHER GENTLEMEN. BOB BAILEY IS FOR CH2M HILL. JOHN HINGELER IS FOR — I GUESS THAT'S FOR CAROLLO. STEVIE HAIGER FOR CAROLLO. JONATHAN HOWARD FOR CAROLLO. JERRY HARRIS, I ALREADY SAID THAT. MICHAEL MOOED. SCOTT ARMSTRONG AGAINST CAROLLO. DAVID LEWIS, I GUESS, FOR CH2M HILL. JOHN WOOLLY DOESN'T WISH TO SPEAK. FOR CAROLLO. FRANK LIME DOES NOT WISH TO SPEAK, FOR CAROLLO. FRANK, YOU SIGNED TWO CARDS. ONE SAID YOU WANTED TO SPEAK AND THE OTHER ONE SAID YOU DIDN'T, SO I'M JUST GOING TO ASSUME THAT YOU WERE RIGHT THE FIRST TIME. [ LAUGHTER ] GLEN MIDDLETON FOR CAROLLO. HEATHER BRANDON, HICKS AND COMPANY, FOR CAROLLO. MIKE KNIGHT WOOEUN FOR CH2M HILL. SANDY WIND HAM FOR CH2M HILL. DINE HYDE SUPPORTING CH2M HILL. KEN NICHOLS FOR CH2M HILL. JAMES DWYER FOR CH2M HILL. MARCO HARRIS IS GOING TO SPEAK ON THE CAROLLO SIDE. TONY VEGA FOR CH2M HILL. DEB SHELA FOR CAROLLO, DOES NOT WISH TO SPEAK. AND THEN BRIDGET SHEA FOR CH2M HILL, MIKE RUIN ANY, ALL THESE NAMES ARE GOING TO BE FOR CH26789MH. CHRISTIE CONCERN, PAT THOMPSON, JOHN PATTERSON — JOHN C. PATTERSON. SAM GALANNDY. DAVID ARM BURST WILL BE SPEAKING. ROBERT ADAMS. GREG MCCOLLOUGH, JOE JENKINS. THERESA BEAR. CAROL STEVENS. AND THAT'S ALL THE PEOPLE THAT ARE SIGNED UP TO SPEAK. SO I'LL RECOGNIZE MR. HARRIS. AND FOLLOWING HIM IS MR. HAIGER AND MR. COTERA. 10 MINUTES ARE ON THE TIME CLOCK, MR. HARRIS, SO YOU CAN BREAK IT UP ANY WHICH WAY YOU WANT TO. WELCOME, SIR.

THANK YOU, MAYOR. I'M GLAD TO BE HERE. MEMBERS OF THE COUNCIL, CITY MANAGER, MY NAME'S JERRY HARRIS. I'M WITH BROWN MCCARROLL AND WE'VE PROVIDED LEGAL SERVICES TO CAROLLO ENGINEERS FOR ABOUT THREE YEARS. OUR TEAM OF LAWYERS THAT HAVE ADVISED CAROLLO IS MADE UP OF MA KEL MEAD AND DARWIN KEY. IT'S BEEN A PLEASURE TO REPRESENT THESE FOLKS IN THEIR RELATIONSHIP WITH THE CITY OF AUSTIN. ONE OF THE THINGS WE WORKED HARD, AND PARTICULARLY MICHAEL, WHICH I GIVE THANKS TO, WAS PUTTING TOGETHER THE CAROLLO TEAM, AND PARTICULARLY WORKING ON THE WBE/MBE ASPECTS OF THAT PROGRAM. AND WE'RE VERY PROUD THAT WE EXCEEDED THE CITY GOALS IN EACH AND EVERY OF THOSE CATEGORIES AND WE EXCEEDED THE PERCENTAGE OF PARTICIPATION IN THOSE CATEGORIES OVER EVERY OTHER PROPOSER IN THIS PARTICULAR PROJECT. OUR TEAM HAS MANY OF ITS MEMBERS HERE. AND ALTHOUGH ONLY A FEW OF THEM ARE GOING TO SPEAK, I WOULD LIKE FOR THE CAROLLO TEAM TO AT LEAST STAND AND BE RECOGNIZED ON THEIR EFFORTS FOR PUTTING TOGETHER THIS TEAM AND TO PUTTING TOGETHER THIS PROPOSAL, WHICH WON OUT IN THE MATRIX ADOPTED BY THE CITY. AND WE'RE VERY PROUD OF THAT AND IT HAS BEEN OUR CONTENTION ALWAYS WHEN WE'RE HERE WE'VE ENCOURAGED THE CITY TO FOLLOW THEIR MATRIX AND TO FOLLOW THE STAFF RECOMMENDATION AND THE RECOMMENDATION OF THE WATER AND WASTEWATER COMMISSION. WE KNOW THAT THE MATRIX HAS HAD TO CHANGE FROM TIME TO TIME AND WE HAVE SUPPORTED THE CHANGES. WE ALWAYS POINT OUT THAT EVERYONE GOES IN TO THESE PROJECTS KNOWING WHAT THE MATRIX IS AND WHAT THEY WILL RECEIVE POINTS FOR. AND WE HAVE BEEN DISAPPOINTED FROM TIME TO TIME WHEN PEOPLE WANTED TO CHANGE THE MATRIX AFTER THE PROJECT HAS BEEN PUT OUT FOR PROPOSALS AND THE PROPOSALS HAVE BEEN IN. WE'VE ALWAYS OPPOSED THAT BECAUSE IT'S LIKE PLAYING A BASKETBALL GAME AND THEN TAKING AWAY THE THREE-POINT SHOTS FOR SOME REASON AFTER THE RULES HAVE ALREADY BEEN ESTABLISHED. SO LIKEWISE WE'RE HERE SAYING WE ALWAYS ARE WILLING TO WORK WITH THE COUNCIL ON THE MATRIX, BUT ONCE THE MATRIX HAS BEEN SET, WE VERY MUCH URGE YOU TO FOLLOW IT AND FOLLOW THE STAFF RECOMMENDATION AND THE RECOMMENDATION OF THE WATER AND WASTEWATER COMMISSION. OUR TEAM IS VERY TALENTED, IT'S VERY DEDICATED. OUR DEDICATION TO W.B.E./M.B.E. PARTICIPATION IS GREAT, AS SHOWN BY OUR TEAM. AND I THINK IT ALSO SHOWS THAT WE WILL BE EXCEEDING IN THAT AREA IN ANY PHASE OF THE PROJECT AS THE PROJECT MOVES ALONG. I WOULD LIKE AT THIS TIME TO INTRODUCE YOU TO CB HAIGER FOR THOSE OF YOU WHO DO NOT KNOW HIM, HE'S THE PROJECT PRINCIPAL AND HE WILL SPEAK FOR A FEW MINUTES. AND IF YOU HAVE ANY QUESTIONS OF ME, PLEASE FEEL FREE TO ASK THEM AT ANY TIME. C.B.?

MAYOR, COUNCILMEMBERS, CITY MANAGER. I AM C.B. HAIGER, PROJECT PRINCIPAL FOR THIS PROJECT. THE PREEM PEOPLE WHO KNOW ME KNOW THAT I COULD TALK ALL NIGHT. I WILL NOT DO THAT. I WILL TALK TO A COUPLE OF THINGS. ONE OF THEM IS THAT YES, WE RANKED HIGHEST OVERALL IN THE RANKINGS. PART OF THAT WAS RANKING HIGHEST OVERALL IN PROJECT APPROACH. AND I THINK THAT THE APPROACH THAT WE TOOK VERY MUCH PARALLELS THE DISCUSSION THAT ANDY PROVIDED TO YOU IN TERMS OF HOW WE WILL COMBINE THE TREATMENT PLANT DESIGN WITH THE ENVIRONMENTAL ISSUES AND WITH THE PUBLIC INVOLVEMENT. WE RECOGNIZE THAT THERE ARE SOME POTENTIAL ENVIRONMENTAL ISSUES OUT THERE, BUT BY DOING THE PROCESS BETWEEN THE ENVIRONMENTAL ISSUES, THE PLANT DESIGN AND WITH THE PUBLIC INVOLVEMENT, WE BELIEVE THAT WE CAN COME TO A CONCLUSION THAT A PLANT CAN BE BUILT ON THAT SITE. IF IT CAN'T, THEN WE CAN OBVIOUSLY GO TO ANOTHER SITE, BUT WE FIRMLY BELIEVE WITH THE EXPERTS THAT WE HAVE ON BOARD THAT A PLANT CAN BE BUILT THERE. I HAVE BEEN WORKING IN AUSTIN MOST THE ENTIRE TIME THROUGH MY CAREER. I STARTED AT THE WALNUT CREEK WASTEWATER TREATMENT PLANT IN THE EARLY 1970'S. I WAS INVOLVED IN THE PUBLIC PARTICIPATION PROCESS ON THAT PLANT. IN THE '80'S I WAS INVOLVED IN SOME OF THE PROCESS DESIGN FOR PLANT 4 AT THAT TIME, WHICH IS NOW THE TRAVIS PLANT. NOT ALL MY RECOMMENDATIONS WERE TAKEN BY THE DESIGN TEAM. AND IN THE '90'S I WORKED AT THE ULRICH WATER TREATMENT PLANT. AND IN FACT RETURNED A LITTLE OVER TWO MILLION DOLLARS TO THE CITY FROM THE MANUFACTURER WHO HAD NOT MET SPECIFICATIONS AT THAT PLANT, AND I WAS THE ONE THAT FIGURED THAT OUT. I AM HERE TONIGHT REPRESENTING CAROLLO. WE WANT VERY MUCH TO WORK FOR THE CITY OF AUSTIN AND FOR YOU TO HAVE THE OPPORTUNITY TO WORK WITH US AS WE DEVELOP YOUR WATER TREATMENT PLANT, YOUR TRAVIS WATER TREATMENT PLANT.

GOOD EVENING, MAYOR, CITY COUNCIL, CITY MANAGER. MY NAME IS JUAN COTERA. I AM THE FOUNDING PARTNER OF CO-TEAR I CAN'T — OF THE ARCHITECTURE FIRM. WE ARE A STUNT ON THIS PROJECT TO CAROLLO. OUR FIRM WILL BE 30 YEARS THIS MAY, 30 YEARS IN CONTINUOUS PRACTICE IN THE CITY OF AUSTIN. AND THROUGHOUT THAT TIME WE DID OUR FIRST PROJECT FOR THE CITY OF AUSTIN IN I BELIEVE 1975 WE STARTED ON IT. THROUGHOUT OUR EXPERIENCE OF WORKING AND SUBMITTING PROPOSALS TO THE CITY OF AUSTIN, WE HAVE ALWAYS KEPT TO THE PRACTICE THAT IF WE ARE NOT THE PRIME RECOMMENDATION WE DROP OUT OF IT AND WE DON'T CONTEST IT. WE THINK THE SYSTEM WORKS. WE BELIEVE IN IT. AND IT'S ESSENTIAL THAT THE PROFESSIONALS OUT THERE WHO ARE SUBMITTING PROPOSALS LEAVE IN YOUR PROCESS. WE HOPE THE COUNCIL KEEPS WITH THAT. THANK YOU VERY MUCH.

MAYOR GARCIA: YOU ACTUALLY HAVE TWO MINUTES AND 47 SECONDS LEFT IN CASE ANYBODY WANTS TO USE THEM. YOU DON'T HAVE TO.

THANK YOU, MAYOR, I WAS ABOUT TO SAY —

MAYOR GARCIA: THIS COULD WORK AGAINST YOU.

WE WILL NOT USE THEM AND WE'LL BE READY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE BASED ON THE OTHER PRESENTATIONS SO THAT YOU MIGHT HAVE FROM OURS. THANK YOU VERY MUCH.

MAYOR GARCIA: MS. MEYERS? AND MR. ARM BRIEWFT AND ANYBODY ELSE. THERE YOU GO. THERE'S YOUR TIME SLOT THERE. [ONE MOMENT, PLEASE, WHILE CAPTIONERSATZNO CARRIERRINGCONNECT 1200

... WE WANT THIS JOB, THIS IS AN 8 YEAR JOB, THE BIGGEST AUSTIN WATER JOB IN 25 YEARS, OUR TEAM HAS WORKED WITH YOU TO MAKE THIS POSSIBLE. WE HAVE DONE STUDIES, WORKED ON ALL OF THE COMPONENTS AND ELEMENTS OF YOUR WATER TREATMENT SYSTEM. THERE IS NO ONE WHO KNOWS AUSTIN AND ITS WATER INFRASTRUCTURE LIKE THE CH2 TEAM. WE ARE THE MOST QUALIFY EXPERIENCED TEAM. SECONDLY, WE LIVE HERE. WE DIDN'T GET TO THIS MEETING IN RENT CARS. MOST OF US HAVE GROWN UP HERE, GONE TO SCHOOL HERE AND EXPERIENCED THE MANY BENEFITS AUSTIN HAS TO OFFER. AT THE SAME TIME WE ARE INTIMATELY FAMILIAR WITH THE GROWTH PROBLEMS THAT HAVE RECENTLY OCCURRED. I MYSELF HAVE LIVED HERE FOR 34 YEARS. HAVE A GRADUATE DEGREE FROM THE UNIVERSITY OF TEXAS. MY SON PRACTICES DENTISTRY HERE, TWO OF MY SIX GRANDCHILDREN LIVE HERE. OUR ENTIRE TEAM HAS ROOTS HERE HAS THAT WILL CAUSE US TO TAKE THAT EXTRA MINUTE TO BE CAREFUL, THINK OUT OF THE BOX, DO THE EXCEPTIONAL, GO THE DISTANCE TO DO THE BEST JOB FOR OUR HOMETOWN. THIRD, THE SITE THAT THE CITY OWNS AND THAT WILL BE EVALUATED DURING THE FIRST 10 WEEKS OF THE PROJECT IS INCREDIBLY BEAUTIFUL. WITH MANY ENVIRONMENTAL CHARACTERISTICS. HABITAT FOR THE BLACK CAPPED VIREO AND GOLDEN CHEEKED WARBLER ARE MORE THAN LIKELY PRESENT AND THERE WILL BE A CAREFUL INVESTIGATION BECAUSE OF THE CARPSE FEATURES TO DETERMINE IF THERE IS A VIABLE FOOTPRINT. WE ARE QUALIFIED TO PROVIDE A COMPREHENSIVE SITE ANALYSIS SO THAT YOU WILL BE ABLE TO MAKE AN INFORMED DECISION REGARDING THE SITE AND WHETHER IT'S VIABLE. TO PROTECT THE TIME SCHEDULE, PRELIMINARY INVESTIGATIONS OF ALTERNATIVE SITES WILL BE TAKING PLACE SHOULD THE CITY [INAUDIBLE] PROVE UNSUITABLE. WHATEVER SITE IS SELECTED OUR DESIGN AND CARICATURE TEAM IS NATIONALLY RECOGNIZED FOR THINKING OUT OF THE BOX. YOUR PLANTED WILL BE A FIRST CLASS STRUCTURE AND PROVIDE MULTIPLE PURPOSE BENEFITS FOR ITS NEIGHBORHOOD IF WE GET A SHOT AT IT. IT WILL BE A COMMUNITY ASSET, NOT AN EYESORE OR A DANGER. OUR TEAM MAKES TECHNOLOGY WORK FOR THE CLIENTS BENEFIT USING A BLEND OF TRADITIONAL AND INNOVATIVE STRATEGIES AND SYSTEMS WHILE MANAGING RISK. OUR TEAM PROVIDES SENSEIBLE APPROACHES BY ADDRESSING BOTH TECHNICAL AND NON-TECHNICAL ISSUES, INTEGRATE.ING THEM INTO THE WHOLE PROJECT, ALWAYS ATTEMPTING TO KEEP THE BIG PICTURE IN MIND. OUR PROJECT SCREAMS SUSTAINABILITY THROUGH RESOURCE CONSERVATION, ENVIRONMENTAL LEADERSHIP, INNOVATIVE FEATURES, USE OF RECYCLED MATERIALS, GREEN BUILDING PROGRAMS, TRAINING CREDITS AND OTHER CUTTING EDGE STRATEGIES. OUR TEAM CAN MAKE IT HAPPEN. WE GET RESULTS. WE FOCUS ON SOLUTIONS. WE MEET DEADLINES. WE ACHIEVE OUR SHARED OBJECTIVES AT BUDGET OR BELOW. AND WE WILL WORK WITH YOU AND COME BACK TO YOU AT EACH PHASE OF THE PROJECT. NOT ONLY TO GIVE YOU INFORMATION BUT TO SEEK YOUR BUY-IN AND APPROVAL. BUT MOST IMPORTANTLY, OUR TEAM COMES TO YOU CARING A LEGACY OF — CARRYING A LEGACY OF TRUST. YOU KNOW US, YOU KNOW ME. YOU KNOW OUR TEAM. WE KNOW YOU. IT IS MY PRIVILEGE TO RECOGNIZE THOSE TEAM MEMBERS WHO MADE THE EFFORT TO BE HERE TODAY BECAUSE THEY WANT YOU TO KNOW THAT THIS IS IMPORTANT TO THEM. YOU ARE IMPORTANT TO THEM. THEY ARE IMPORTANT TO AUSTIN. AND THEY WANT TO WORK ON THIS — ON THIS PROJECT. BECAUSE IT IS LATE I WAS GOING TO TO INTRODUCE THEM INDIVIDUALLY. BUT IF THEY WOULD STAND I WILL READ THE NAMES OF THE FIRM. CH2M HILL AUSTIN OFFICE, SCOTT ALLSTROM, THE BIG KAHUNA WITH NO HAIR, DAVID LEWIS THE PROJECT MANAGER. ROBERTA MARTINEZ, ANN YOUNG AND ASSOCIATE, THERESA BEAR ENGINEERING, [INAUDIBLE], GUINEA'S PRINTING AND COPYING, ( LISTING NAMES) JOSE GUERRA FROM [INAUDIBLE] ENGINEERING, CARMELLA [INAUDIBLE], KIERRA TATE, WENDY LOPEZ & ASSOCIATES BRIGID SHEA & ASSOCIATES. THANK YOU. WHAT YOU DON'T SEE HERE ARE OTHER BIG NON-W.B.E. FIRMS. WE ALSO MET THE W.B.E. M.B.E. GOALS AND EXCEEDED THEM IN EVERY CATEGORY. WHAT YOU DON'T SEE IS A PRIME FIRM WITH LESS THAN 38% OF THE JOB. NO AUSTIN EXPERIENCE IN TERMS OF WORK, TRYING TO MANAGE A NINE YEAR PROJECT, TRYING TO MANAGE 22 FIRMS, SIX OF WHICH ARE FROM OUT OF TOWN OR OUT OF STATE, 13 OF WHICH HAVE LESS THAN ONE PERCENT OF THE JOB. IT IS HARD TO BELIEVE THAT THIS SHOTGUN MARRIAGE WILL RESULT IN ETERNAL BLISS. WHAT YOU DO SEE IS A SINGLE PRIME AND 15 HARD WORKING AND DEDICATED LOYAL AUSTIN W.B.E. M.B.E. BUSINESSES WHOSE EMPLOYEES KNOW YOU AND KNOW YOUR PROJECT. AND WE WANT TO PITCH OUT, WE HAVE A LOT OF THINGS, BUT I WANT TO TURN THIS OVER TO DAVID ARMBRUST SO WE DON'T RUN OUT OF TIME

I'M REPRESENTING THE CH2ML TEAM, WHICH I CALL THE HOME TEAM. BEFORE YOU TONIGHT YOU HAVE TWO VERY QUALIFIED ENGINEERING FIRMS. I AM GOING TO ASK YOU TO PICK CHTM HILL FOR TWO PRIMARY REASONS. ONE OF WHICH HAS TO DO WITH THE MATRIX WHICH NEVER REALLY WAS APPROVED BY THE COUNCIL. WE HAVE LOOKED AT THE TAPE. ON NOVEMBER THE 29TH YOU TALKED ABOUT IT, IT WAS NEVER APPROVED. IT NOW FORM THE BASIS FOR A VERY SIGNIFICANT DECISION OF THIS COUNCIL. THE MATRIX PENALIZES A FIRM FOR HAVING AUSTIN WORK AND FOR HAVING AN AUSTIN PRESENCE. IT PENALIZES A FIRM LIKE CH2M HILL, EMPLOYEES 51 PEOPLE HERE. KNOWS AUSTIN ISSUES, HAS BECOME A PART OF THE FABRIC OF THIS COMMUNITY BY BEING INVOLVED IN THE COMMUNITY. THE RESULT PRODUCED BY THIS MATRIX ON A LARGE CONTRACT, A LARGE MULTI YEAR CONTRACT IS NOT GOOD PUBLIC POLICY. UNDER THE ENGINEERING ETHICS STANDARDS, ENGINEERING CONSULTANTS WILL BE SELECTED BASED UPON THEIR QUALIFICATIONS. IN A LETTER THIS WEEK THE EXECUTIVE DIRECTOR OF THE TEXAS SOCIETY OF PUBLIC ENGINEERS MADE IT CLEAR THAT — THAT CRITERIA BASED UPON PREVIOUS WORK IS NOT A QUALIFICATION CRITERIA. THE LETTER WAS ISSUED THIS WEEK. HE POINTS OUT THAT THAT'S SOMETHING THAT YOU COULD USE FOR A TIE BREAKER, BUT UNTHEIR ETHICS RULES THAT'S REALLY NOT SOMETHING THAT SHOULD BE USED AS A QUALIFICATION. IF YOU REMEMBER, IF YOU LOOK — FURTHERMORE, IF YOU LOOK AT EACH OF THE TWO FINALISTS AS A ATTEMPT, THE CAROLLO GROUP HAS MORE CITY WORK THAN THE CH2M HILL AS A GROUP, BUT WE HAVE BEEN PENALIZED SIX POINTS, THAT MAKES NO SENSE, BUT THE RESULT IS BECAUSE CH2M HILL ELECTED TO BE UP FRONT AS THE PRIME CONTRACTOR AND NOT USE ANOTHER CONTRACTOR AS THE PRIME WHICH ONLY HAS 36% OF THE WORK. THAT'S MAYBE A WAY TO MANIPULATE THE MATRIX. BUT WE LOOKED AT THAT IN THE BEGINNING AND CHOSE NOT TO DO IT. IT ALSO BEGS THE QUESTION OF HOW DOES A TEAM STICK TOGETHER AND FUNCTION AS A TEAM OVER AN 8 YEAR PROJECT WITH AN OUT OF TOWN CONTRACTOR HAVING ONE THIRD OF THE WORK. IF YOU NEUTRALIZE THE SIX POINTS, LOOK ONLY TO QUALIFICATIONS, CH2M HILL WINS. THE SECOND REASON THAT I WOULD ASK YOU TO PICK OUR FIRM, OUR GROUP, IS THAT CH2M HILL HAS SUPERIOR QUALIFICATIONS IN TERMS OF THE AUSTIN ISSUES. THE PROJECT HAS LONG TERM CONSEQUENCES FOR OUR CITY AND OUR REGION IN TERMS OF ITS ENVIRONMENTAL IMPACT, GROWTH TRENDS AND THE OVERALL PUBLIC POLICY. THIS SITE IS AT GROUND ZERO. IT WHERE THE ENVIRONMENTAL MOVEMENT IN AUSTIN BEGAN. I REMEMBER IT. I WAS HERE, IT'S WHERE THE LAKE AUSTIN WATERSHED MORATORIUM OCCURRED, ALL OF THAT CENTERED THERE IN THE LATE '70'S, HERE WE ARE TODAY TALKING ABOUT ITS POSSIBLE A USE AS A SITE FOR A WATER TREATMENT PLANT. I BELIEVE THAT CH2M HILL HAS THE PEOPLE ON ITS TEAM THAT CAN EVALUATE THIS PROJECT. THEY ARE COMMITTED TO REPORTING BACK TO YOU EVERY STAGE OF THE WAY. YOU CAN PULL THE PLUG AT ANY POINT. THEY RECOGNIZE THE ENVIRONMENTAL SENSITIVITY OF THIS SITE. AND THEY ARE PREPARED TO RESPOND ACCORDINGLY. I WOULD ASK THAT YOU NOT GET FOCUSED ON A COUPLE OF POINTS, THREE OR FOUR POINTS HERE OR THERE. THIS IS AN 8 YEAR, POTENTIALLY 200 MILLION DOLLARS PLUS DECISION THAT YOU ARE MAKING. AND I THINK THAT YOU JUST NEED TO PICK THE BEST FIRM. THAT'S WHAT YOU WOULD HAVE THE RESPONSIBILITY TO DO. ON BEHALF OF THE CITIZENS OF THE CITY. AND ON BEHALF OF CH2M HILL AND ALL OF OUR TIME, WE APPRECIATE YOUR CONSIDERATION AND TIME AND HOPE THAT YOU WILL MAKE THE RIGHT DECISION. THANK YOU.

THANK YOU, MR. ARMBRUST. YOU HAVE 35 SECONDS. OR SO.

I WILL GIVE IT BACK TO YOU

MAYOR GARCIA: THANK YOU. OKAY. COUNCIL, THAT'S — THAT'S THE PRESENTATIONS FROM BOTH SIDES. AND I HAVE READ ALL OF THE CARDS INTO THE RECORD. ARE THERE ANY QUESTIONS FOR THE STAFF? OR FOR ANY OF THE PRESENTERS? COUNCILMEMBER WYNN?

WYNN: THANK YOU, MAYOR. THE QUESTION IN REGARDS TO THE MATRIX, I GUESS FOR — FOR MR. REIKE, I DO JUST WANT TO MAKE SURE THAT I UNDERSTAND THE — YOU KNOW, THIS — FRANKLY THIS LOOPHOLE. IT SEEMS TO ME THAT WE LOOK AT PREVIOUS — WE LOOK AT CITY EXPERIENCE IN TWO WAYS. ONE IS PREVIOUS CITY OF AUSTIN WORK, I GUESS FORMAL CONTRACT AND AWARDS. THEN WE ALSO TRY TO — TRY TO JUDGE AND VALUE JUST, YOU KNOW, KNOWLEDGE OF AUSTIN AND OUR WAY OF DOING BUSINESS AND OUR PROCEDURES, ET CETERA. SO — SO IT APPEARS TO ME THAT THE — THAT THE CAROLLO TEAM HAS BEEN GIVEN SORT OF FULL CREDIT FOR THEIR, YOU KNOW, KNOWLEDGE OF AUSTIN BECAUSE OF THE — YOU KNOW THE TOTAL TEAM MAKEUP, WHICH HAS SOME VERY FINE LOCAL ENGINEERS INVOLVED, OTHER CONSULTANTS. YET BECAUSE OF THE CAROLLO BEING THE ACTUAL PRIME THEY ARE NOT "PENALIZED" FOR HAVING HAD PREVIOUS CITY OF AUSTIN CONTRACT WORK. ON THE OPPOSITE SIDE, WITH THE CH2M HILL TEAM, THEY ALSO HAVE FIVE ENGINEERS — PRIME ENGINEERS, LOCAL PEOPLE WHO KNOW LOCAL ISSUES, BUT THEY ARE GETTING THE MAXIMUM PENALTY FOR, YOU KNOW, THE SAME — YOU KNOW, AUSTIN KNOWLEDGE AND THE SAME AUSTIN PREVIOUS WORK EXPERIENCE. AND I JUST WANT TO MAKE SURE IT'S THAT — THAT CLEAR AND IT'S THAT SORT OF BLATANT.

COUNCILMEMBER WYNN, MY NAME IS PETER REIKE, I'M THE DIRECTOR OF PUBLIC WORKS. MAYOR AND COUNCIL, I WOULD BE HAPPY TO TRY TO ADDRESS THIS QUESTION IN A CLEAR AND CONCISE FASHION. THE TWO ITEMS THAT YOU ADDRESS ARE THE PRIME'S EXPERIENCE WITH AUSTIN ISSUES. THAT IS BASICALLY A REFLEX OF — REFLECTION OF HOW LONG A FIRM, THIS IS — WE ARE TALKING ABOUT THE PRIME CONSULTANT ONLY, NOT LOOKING AT ANY OF THE SUBCONSULTANTS IN EVALUATING THIS ITEM. HOW LONG A PRIME CONSULTANT HAS BEEN IN AUSTIN, WHAT KIND OF WORK THEY HAVE HAD HERE AND WHAT KIND OF EXPERIENCE THEY HAVE WITH ISSUES THAT MAY BE PECULIAR OR PARTICULAR TO AUSTIN AND TO THE CENTRAL TEXAS REGION, SUCH AS OUR CARE OF THE ENVIRONMENT AND ISSUES THAT INVOLVE NEIGHBORHOODS AND THEIR WELFARE MUCH SO HAVE AN ITEM, AS YOU MENTIONED, THAT LOOKS AT THE AMOUNT OF WORK THAT A FIRM ALREADY HAS WITH THE CITY OF AUSTIN. THIS IS REALLY NOT AN EXPERIENCE ISSUE, IT'S MORE AN ISSUE AS TO HOW MUCH A FIRM HAS BENEFITED FROM DOING BUSINESS WITH THE CITY OF AUSTIN IN TERMS OF THE OVERALL CONTRACT AMOUNTS AWARDED TO THEM. NOW, IF YOU ARE LOOKING AT THE POINTS THAT ARE ASSOCIATED WITH THOSE TWO ISSUES AND WE CAN LOOK AT THEM FOR THIS PARTICULAR CASE, I WOULD REFER YOU TO THE MATRIX THAT IS PART OF YOUR PACKAGE. IT IS CORRECT THAT CAROLLO, WHICH HAS NOT HAD ANY PREVIOUS WORK WITH THE CITY OF AUSTIN, RECEIVED A FULL SIX POINTS UNDER THE CRITERION FOR PREVIOUS CITY OF AUSTIN WORK; WHEREAS CH2M HILL RECEIVED ZERO POINTS. BUT THERE IS A MARK DOWN FOR CAROLLO THAT SOMEWHAT GOES ALONG WITH THE RELATIVELY HIGH RANKING ON THE PREVIOUS CITY OF AUSTIN WORK, ON THE PRIME'S EXPERIENCE WITH AUSTIN ISSUES. IF YOU LOOK AT THE POINTS AWARDED TO CAROLLO UNDER PRIME'S EXPERIENCE WITH AUSTIN ISSUES, YOU WILL SEE THAT THEY ARE BY A SIGNIFICANT MARGIN THE LARGEST OF EQUAL...... QUALIFIED PROPOSER — QUALIFIED PROPOSERS ON THIS PROJECT. AND THEY ARE ABOUT.83 POINTS BELOW THE NEXT LOW RANKING PROPOSING FIRM, WHICH IS NOT REALLY IN THE DISCUSSION TONIGHT. SO THERE IS IN FACT A — A PENALTY. HOWEVER, IT'S NOT ZERO POINTS BECAUSE CAROLLO, AS I UNDERSTAND IT, HAS HAD AN OFFICE IN THE AUSTIN AREA FOR OVER TWO YEARS AND SO AS A CORPORATION THEY HAVE AN OUTSIDE PRESENCE, THEY HAVE AN OFFICE, THEY HAVE SOME FAMILIARITY WITH AUSTIN ISSUES, AND ON THAT BASIS IT IS MY PRESUMPTION THAT THE EVALUATORS FELT THAT A CERTAIN AMOUNT OF POINTS WERE APPROPRIATE.

WYNN: WELL, I REMEMBER THE DISCUSSION BACK IN NOVEMBER, ACTUALLY EVEN BEFORE THAT. THE 15 OR 18 MONTHS OR SO AGO, I DON'T REMEMBER WE HAD ANOTHER WATER PLANT ISSUE, I THINK IT ENDED UP BEING A CDM AWARD, YOU KNOW, ESSENTIALLY THE SAME SORT OF A DEBATE COMES UP. I JUST SEE AN INEQUITY OF NOT TAKING THE TEAM AS A WHOLE. FRANKLY EVEN ALL OF THE SUBCONTRACTORS AND TRYING TO GET A FEEL FOR — FOR, YOU KNOW, BOTH THE AMOUNT OF WORK THAT'S BEEN AWARDED WHILE ALSO LOOKING AT THE AUSTIN EXPERIENCE. I THINK BY IDENTIFYING DISPROPORTIONATELY THE PRIME, I JUST SEE IT AS SORTS OF AN INEQUITABLE ANALYSIS. YOU KNOW, I WILL LISTEN TO OTHER COMMENTS, BUT I'M CONCERNED ABOUT THAT INEQUITY.

COUNCILMEMBER, I DON'T KNOW WHETHER I CAN APPROPRIATELY ADDRESS YOUR CONCERN OTHER THAN TO SAY THAT ONE AND A HALF YEARS AGO WHEN THIS ISSUE CAME UP ON THE YOU.... ULRICH WATER TREATMENT PLANT PROJECT WHERE THE CONTRACT WENT TO CDM, ALTHOUGH CAROLLO WAS THE RECOMMENDED FIRM, YOU INSTRUCTED US TO REVISIT THE MATRIX AND COME BACK TO YOU WITH PROPOSED REVISIONS. THE ORIGINALLY PLACED PROPOSED REVISED MATRIX ON THE AGENDA IN AUGUST OF LAST YEAR AND SINCE THEN HAVE TRIED TO WORK OUT SOME ISSUES THAT HAVE BEEN RAISED BY COUNCILMEMBERS AND I THINK IT WOULD BE OUR HOPE THAT THOSE CONCERNS THAT YOU HAVE JUST EXPRESSED COULD POSSIBLY BE RESOLVED BY A REVISED MATRIX TO REPLACE THE ONE THAT IS CURRENTLY IN PLACE.

MAYOR GARCIA: LET ME ASK THE QUESTION A LITTLE BIT DIFFERENT WAY, MR. REIKE. WHEN YOU EVALUATED ON ALL THESE MATRIX ITEMS, YOU WERE EVALUATING THE WHOLE TEAM, WERE YOU NOT? YOU TALK ABOUT THE EXPERIENCE OF THE PROJECT MANAGER, ENGINEER, PROPOSED STAFF, YOU WERE EVALUATING THE WHOLE TEAM, CORRECT?

WE EVALUATE ON THE PROJECT PRINCIPLE AND THE PROJECT — PROJECT PRINCIPAL AND PROJECT MANAGER AS WELL AS ON PROJECT PRINCIPAL THE SPECIFIC PERSON. TYPICALLY, IN THIS CASE, IF I'M NOT MISTAKEN THOSE PERSONS ARE FURNISHED BY THE PRIME CONSULTANT. SO IT'S NOT THE ENTIRE TEAM. THOSE FIRST TWO ITEMS ARE PERSONS SPECIFIC REGARDLESS OF WHICH TEAM MEMBER FURNISHES THAT PARTICULAR FUNCTION. ON THE THIRD ITEM WHERE WE ARE TALKING ABOUT THE PROPOSED STAFF, WE ARE IN FACT LOOKING AT STAFF THAT GOES ACROSS THE ENTIRE TEAM. SO — SO THERE INDISCRIMINATE OF WHICH COMPANY THEY REPRESENT, WE LOOK AT THE QUALIFICATION OF EACH OF THE KEY STAFF MEMBERS PROPOSED TO WORK ON THIS PROJECT. WE ASK FOR THEIR RESUMES, WE LOOK AT THEIR RESUMES, WE TRY TO COMPARE AS TO WHERE WE SEE STRENGTH AND WHERE WE SEE WEAKNESSES AND USE THAT IN EVALUATING AND SCORING THIS PARTICULAR ITEM

IF YOU STOP RIGHT THERE AND LOOK AT THIS ONE IF YOU LOOKED AT THE WHOLE STAFF BUT CAME TO PREVIOUS COA WORK, YOU ONLY LOOKED AT CAROLLO, CORRECT?

THAT'S CORRECT

MAYOR GARCIA: THAT SEEMS TO BE A LITTLE BIT OF AN INCONSISTENCY, SEEMS TO ME. EYE JUST LOOKING AT IT — I'M JUST LOOKING AT IT FROM THIS SIDE OF THE TABLE. SINCE THE PRIME IN THIS PARTICULAR CASE HAS A LOW PERCENTAGE AND HAS A HIGH PERCENTAGE OF THE WORK IN THE HANDS OF THE SUBCONTRACTORS, IT SEEMS TO ME THAT IF WE EVALUATE THEM ACROSS WITH ALL OF THE TEAM, THEN THAT OUGHT TO BE REFLECTED IN SOME WAY, SHAPE OR FORM IN COLUMN 6 WHERE IT SAYS PREVIOUS COA WORK. I SUSPECT WHEN YOU GOT THERE YOU SAID WE ARE GOING TO LOOK AT THE FIRM. I THINK THAT'S THE WAY YOU ANSWERED IT WHEN YOU CAME TO THE OFFICE. WE ARE GOING TO LOOK AT THE FIRM THAT WE ARE CONTRACTING WITH.

CORRECT.

FURTHER QUESTIONS? COUNCILMEMBER SLUSHER

SLUSHER: MAYOR, I THINK THERE WAS SOME GOOD POINT MADE. I'M CONCERNED AS WE SIT HERE TONIGHT AWARDING A CONTRACT THAT COULD EVENTUALLY GET UP TO AROUND 300 MILLION, AND YOU KNOW, BEING A BIG FACTOR IN A MAJOR DECISION THE CITY'S WATER HISTORY OR FUTURE FOR AT LEAST A DECADE, AND WE HAVE A LOT OF FOLKS THAT ARE REAL INVOLVED, OBVIOUSLY VERY INTERESTED IN US WORDING THIS — AWARDING THIS CONTRACT TONIGHT, YET I DON'T THINK WE'VE HAD ENOUGH POLICY DISCUSSION ON THE MOVE THAT WE ARE BEING ASKED TO MAKE HERE. WE HAD SOME EARLIER IN THE MEETING. BUT I WOULD LIKE FOR SOMEBODY FROM THE WATER UTILITY TO COME UP AND TALK A LITTLE BIT ABOUT — FIRST OF ALL GO THROUGH THE STEPS THAT ARE INVOLVED IN THIS CONTRACT, JUST THE PART OF IT THAT IS BEFORE US TONIGHT. THEN WHAT YOU ENVISION AS THE STEPS COMING AFTER THAT. WHAT THE LIKELIHOOD IS THAT THE SAME CONTRACTOR IS GOING TO GET THAT PROJECT. AS I UNDERSTAND THAT PROBABLY WILL BE THE CASE, IF YOU COULD DO THAT FOR ME

LET ME BEGIN. THAT'S TRUE. THE ACTION TONIGHT IS TO SELECT A CONSULTANT, WE ENVISION THAT CONSULTANT REMAINING WITH US THROUGHOUT ALL PHASES OF THE PROJECT TO COMPLETION, THROUGH CONSTRUCTION AND START-UP. ALL WE ARE ASKING FOR TONIGHT IS THE AUTHORIZATION FOR PRELIMINARY ENGINEERING, WHICH WOULD INCLUDE ENVIRONMENTAL ASSESSMENT, SITE ASSESSMENTS AND THEN ALL OF THE ALTERNATIVE TECHNOLOGIES FOLLOWING THE — THE DEVELOPMENT OF THE REGULATIONS OVER THE NEXT COUPLE OF YEARS AN THEN ZEROING IN ON DESIGN AND TREATMENT PROCESS, SITE LAYOUT LIKE MR. KOVAR STATED EARLIER. AFTER THAT WORK IS COMPLETED WE WOULD COME BACK TO THE COUNCIL AND MAKE PRESENTATIONS ABOUT THOSE RECOMMENDATIONS, WE WOULD MAKE RECOMMENDATIONS TO COUNCIL ON WHAT TO MOVE FORWARD WITH IN TERMS OF SIZE, PROCESS, A MUCH MORE PRECISE COST ESTIMATE, THEN WE WOULD RECOMMEND A CERTAIN AMOUNT TO BE AWARDED FOR THE NEXT PHASE, WHICH WOULD BE THE DESIGN PHASE. REV AND THEN AT THE — COMPLETION AT THE DESIGN, WE WOULD AGAIN COME BACK AND MAKE RECOMMENDATIONS ABOUT HOW TO — HOW TO DO THE CONSTRUCTION PHASE SERVICES, INCLUDING ONSITE ENGINEERING SERVICES AND INSPECTION, PHASE SERVICES. WHETHER OR NOT — AS WE — I THINK WE HAD SIMILAR DISCUSSION A COUPLE OF WEEKS AGO ABOUT SOME OF THE ALTERNATIVE WAYS OF APPROACHING THAT. ONE THING THAT — THAT IS BEING CONSIDERED AS FAR AS HOW TO — HOW TO GET SOME TYPE OF ASSURANCE ABOUT THE COST THAT WE WILL INCUR IN THE CONSTRUCTION PHASE SERVICES AFTER WE — AFTER WE HAVE GOTTEN SO FAR INTO THE PROJECT THROUGH DESIGN. AND TALKING ABOUT WAYS OF IDENTIFYING THE — THE TYPES OF — OF VARIOUS LEVELS OF ENGINEERING SERVICES, VARIOUS LEVELS OF POSITIONS, SENIOR ENGINEERS, JUNIOR ENGINEERS, ET CETERA. AND COMING UP WITH SOME TYPE OF A — OF A SCHEDULE, OF FEES, AT LEAST BY TYPE, OF — OF ENGINEER. WE ARE LOOKING AT A NUMBER OF WAYS TO TRY, AS WE ENTER INTO THE HIGHER DOLLAR SPENDING, WHICH BEGINS WITH THE DESIGN ENGINEERING, HOW TO GET SOME TYPE OF A PLAN TO GO ALL THE WAY TO COMPLETION OF THE PROJECT. BUT WHAT WE ENVISION IS COMING BACK TO COUNCIL TWO ADDITIONAL TIMES AT LEAST, ONE TO BEGIN DESIGN AND AT THAT TIME WE HAVE A LOT MORE INFORMATION ON THE — ON THE DEFINITION OF THE PROJECT AND THE TIMING OF THE PROJECT AND THE COST.

SLUSHER: WHY WOULD YOU — YOU WANT TO FIND OUT FIRST IF THIS SITE IS APPROPRIATE OR WOULD WORK, CORRECT

THAT'S CORRECT

WHY WOULD YOU DO THE ENVIRONMENTAL ANALYSIS AND THE PRELIMINARY ENGINEERING, WHY WOULD YOU START THEM BOTH AT THE SAME TIME WHEN YOU WANT TO FIGURE OUT IF YOU COULD BUILD IT HERE BEFORE YOU START THE PRELIMINARY ENGINEERING

THERE ARE SOME TYPES OF ACTIVITIES THAT BELIEVE NEED TO BE PARALLEL. AS THE SAFE DRINKING WATER ACT RULES ARE DEVELOPING, THAT'S GOING TO AFFECT THE TYPE OF PROCESS, WHICH CAN AFFECT THE FOOTPRINT OF THE VARIOUS PLANT UNITS AND THE LAYOUT OF THE PLANT. WE NEED TO CONTINUE MOVING ON THAT FROM THE START. SO I BELIEVE THERE NEEDS TO BE SOME PARALLEL ACTIVITIES ON DESIGN WHILE THE ENVIRONMENT IS BEING STUDIED

WOULD YOU BE ABLE TO TRANSFER THAT TO ANOTHER SITE

MUCH OF IT. EVEN IF WE'RE AT ANOTHER SITE, WE STILL HAVE TO BE UP TO SPEED ON WHERE WE ARE ON THE E.P.A. RULES AND HOW THAT'S GOING TO AFFECT OUR PROCESS. THAT'S TRUE. THAT MADE BE LAID OUT IN DIFFERENT WAYS DEPENDING ON THE TOPOGRAPHY OF THE SITE. BUT MUCH OF THE PROCESS DECISION CAN BE BEING MADE WHILE WE ARE FINALIZING THE SITE

THE E.P.A. RULES THAT YOU TALKED ABOUT ARE — ARE THEY REQUIRING US TO DO SOMETHING ON THE PLAN, I'M GOING TO GET TO DEBT HAND SIDE OF IT IN A MINUTE. BUT ARE THEY REQUIRING US TO DO SOMETHING, PERIOD, OR ARE THEY — IF WE DO DO SOMETHING, START TO BUILD A PLANT, THEN THE E.P.A. RULES WOULD KICK IN ON HOW WE DO THAT?

IT WOULD BE BOTH. THE SAFE DRINKING WATER ACT RULES ARE COMING UP. THEY SHOULD BE FINALIZING THE RULES IN THE NEXT FEW MONTHS. THEN THERE'S A TWO YEAR TESTING PERIOD. AT THE END OF THAT TIME, THAT DETERMINES SOME OF THE TYPES OF DISINFECTION PROCESSES, FOR EXAMPLE, THAT WE HAVE TO USE. THAT'S GOING TO APPLY TO OUR EXISTING PLANTS, BUT IT WOULD APPLY TO THE NEW PLANT AS WELL. IT MORE THAN DEMAND — THAT'S WHY WE ARE DOING IT BECAUSE WE ARE GOING TO NEED SOME MORE WATER FOR THE CITIZENS

THAT'S CORRECT

SO ONES WE START DOING THAT, THEN THE E.P.A., THERE WILL BE E.P.A. RULES ABOUT HOW WE DO THAT THAT MIGHT INCREASE THE COST, HOPEFULLY WOULD INCREASE THE QUALITY AND THE HEALTH, QUALITY OF THE WATER.

THAT'S CORRECT

SLUSHER: SO TELL ME A LITTLE BIT ABOUT THE DEMAND. HOW QUICKLY DO WE NEED TO HAVE THIS COMPLETED?

UM, ANDY HAS BEEN DOING SOME OF THESE PROJECTIONS, AS I MENTIONED WE ARE CURRENTLY EXPANDING THE ULRICH WATER TREATMENT PLANT BY OVER A MILLION GALLONS A DAY BY NOW. THAT'S PROJECTED TO BE REQUIRED BY 2007, IT'S PROJECTED BY — BY 2005. BY 20089 IT'S PRISONED — BY 2009 IT'S PROJECTED WE WILL BE NEEDING ADDITIONAL CAPACITY

COUNCIL, COUNCILMEMBERS, THE CITY OF AUSTIN HAS REALLY ONE OF THE MORE SOPHISTICATED AND RELIABLE METHODS OF ESTIMATING CORNER CAPACITY IN TERMS OF PRODUCTION VERSUS DEMAND AND ALSO PRETTY SOPHISTICATED WAY OF LOOKING AT TRIGGERS FOR NEW PLANT CONSTRUCTION. AND WE HAVE FACTORED INTO THIS ANALYSIS ALL OF THE CURRENT EXPANSION PROJECTS, THE 72 INCH LINE, SOME RECENT IMPROVEMENTS IN TERMS OF — OF INCREASING CAPACITY AT THE GREEN PLANT, BY JUST A SMIDGEN, THE ULRICH 167 PROJECT. WITH ALL OF THOSE PROJECTS ON TRACK AND ON SCHEDULE, WE SEE A REAL NEED STILL FOR 50 MILLION GALLONS A DAY ADDED TO THE SYSTEM BY 2009.

SLUSHER: THIS PLANT WOULD BE HOW MUCH?

AN ADDITIONAL 50

YOU WOULD WANT TO GET THIS PLANT DONE BY 2009

THAT'S CORRECT IS THAT HOW LONG WOULD IT TAKE TO ACTUAL BUILD IT? ONCE YOU BREAK GROUND ON IT, HOW LONG DOES THAT TAKE?

TYPICALLY, THAT WOULD BE A THREE YEAR PLUS OR MINUS SCHEDULE DEPENDING ON SITE CONSTRAINTS AND HOW YOU PACKAGE THE CONTRACT WORK ORDERS

SLUSHER: OKAY. THE LEAD-UP TO THAT, WHICH WOULD BEGIN?

DESIGN PHASE WOULD TYPICALLY WILL BE ON — WOULD BE ON A RANGE OF TWO YEARS PLUS

SLUSHER: WE ARE UP TO FIVE YEARS ALREADY. THERE'S — THERE'S SEVEN LEFT BEFORE 2009

THAT'S CORRECT.

SLUSHER: OKAY. CAN THE — THE ENVIRONMENTAL ANALYSIS PART OF IT, COULD YOU COMPARE THE — TELL ME AGENT BIT ABOUT WHAT YOU ALL CAME OUT WITH IN YOUR MATRIX OR JUST IN YOUR EVALUATION OF THE TOP TWO ON THE ENVIRONMENTAL ANALYSIS PART?

THERE — THE ENVIRONMENTAL ANALYSIS CAPABILITIES WERE NOT BROKEN OUT. THE SCORES ARE COMPOSITE SCORES ON HOW THE SELECTORS EVALUATED THE FIRMS' CAPABILITIES. WAS NOT BROKEN OUT SPECIFICALLY

SLUSHER: YOU DIDN'T LOOK AT THAT AT OUTLINE OR YOU JUST DIDN'T BREAK IT DOWN IN THE MATRIX ITSELF?

WE LOOKED AT IT, OF COURSE, BUT THE MATRIX DOES NOT PROVIDE FOR OR REQUIRE A BREAKOUT AND SO EACH INDIVIDUAL SCORED IT SEPARATELY IN A COMPOSITE WAY.

SLUSHER: OKAY. IS THERE ANY WAY THAT YOU COULD LEGALLY TALK A LITTLE BIT ABOUT THE — COMPARE THE TWO APPROACHES?

FROM AN ENVIRONMENTAL STANDPOINT?

SLUSHER: YES, ENVIRONMENTAL ANALYSIS OF THE SITE. WHETHER THAT WILL WORK. I WOULD HAVE TO SAY, I COULDN'T SAY MORE THAN BOTH OF THESE TEAMS HAVE SUBSTANTIAL RESOURCES AND EXPERTISE TO DEAL WITH THAT ISSUE OF THE DESIGN

SLUSHER: OKAY, I GUESS I CAN'T REALLY ASK MORE THAN THAT. THAT'S ALL THAT I HAVE FOR RIGHT NOW, THANK YOU. REV

MAYOR GARCIA: FURTHER COMMENTS, QUESTIONS? COUNCILMEMBER WYNN?

WYNN: SEEMS TO ME THAT IT IS IMPORTANT THAT WE CONTINUE TO MOVE FORWARD ON THE PROJECT. AT LEAST ALL OF THE PRELIMINARY WORK. AND FRANKLY 3% AMOUNT OF TREAD THAT WE HAVE ON OUR TIRES SEEMS PRETTY THIN IN THE SUMMERTIME, SO I THINK THAT WE ARE BEING VERY PRUDENT TO MOVE AHEAD. 3% SOUNDS SO SKINNY THAT WE ARE PROBABLY NOT LOOKING GOOD AS THE. I WILL JUST SAY, AGAIN, THAT I'M — YOU KNOW, JUST — I DON'T LIKE THE STRUCTURAL INEQUITY OF THE FACT THAT WE TEND TO CREDIT INDIVIDUAL EXPERTISE AND FIRM EXPERTISE, BUT ONLY DEBIT FIRM PREVIOUS WORK AT THE CITY. WE DON'T SOMEHOW EITHER DEBIT INDIVIDUAL WORK WITH THE CITY OR WE DON'T TAKE OUT THE — YOU KNOW, THE CREDIT TO THE INDIVIDUAL. SEEMS WE ARE PROBABLY CREATING THIS GREAT MARKET FOR VERY EXPERIENCED, GOOD, YOU KNOW, INDIVIDUAL CIVIL ENGINEERS BECAUSE THEY CAN EXPORT THEIR — THEY CAN BRING THEIR SORT OF CREDITS WITH THEM TO A FIRM AND BE VERY VALUABLE TO A FIRM WHO OTHERWISE HASN'T DONE MUCH WORK WITH THE CITY. THAT'S JUST AN INHERENT ADVANTAGE OF THIS INDUSTRY, I GUESS. BUT I SEE A STRONG NEED TO — TO ALLOW STAFF TO MOVE FORWARD WITH THIS PRELIMINARY WORK. I BELIEVE THEN THIS IS AS PRACTICALLY AS A SMALL PLAN AS WE CAN HAVE INITIALLY BECAUSE OF THE PARALLEL TRACTS, ENVIRONMENTAL, PLUS JUST THE OVERALL ANALYSIS OF WHAT THIS PLANT CAN AND SHOULD DO FOR US IN THE FUTURE. BUT I DO FEEL A NEED TO — TO MOVE THAT WE TAKE THE ALTERNATIVE RECOMMENDATION OF THE CH2M HILL TEAM AND ALLOW STAFF TO MOVE FORWARD.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN TO SELECT THE ALTERNATE TEAM OF CH2M HILL. IS THERE A SECOND?

GOODMAN: SECOND.

MAYOR GARCIA: SECONDED BY THE MAYOR PRO TEM. DISCUSSION?

THOMAS: MAYOR?

MAYOR GARCIA: COUNCILMEMBER THOMAS? TOM THOMAS IT A LITTLE TROUBLING BECAUSE YOU ARE LOOKING AT TWO GOOD FIRMS. BUT BACK TO WHAT WE DID LAST YEAR, I'M STILL NOT COMFORTABLE WITH — WITH HOW THIS OF DONE. — HOW THIS WAS DONE. I NEED TO ASK A QUESTION ON IT. AND EXPERIENCE OF PROJECT PRINCIPALS ON NUMBER 6, ON BOTH FIRMS. THEY ARE SO CLOSE, 4.6 AND 4.5, HOW DID YOU COME TO THAT? ON THE EXPERIENCE PROJECT PRINCIPAL.

REIKE: THE OVERALL POINTS OH WARDED ON THIS ISSUE ARE 6. AWARDED ON THIS ISSUE ARE 6. IF YOU START, JUST GENERALLY SPEAKING, THE FEWER POINTS THAT YOU HAVE THE MORE OF A COMPRESSION THAT YOU END UP WITH JUST BY THE NATURE OF SCORING. OTHER THAN THAT, THE PROCESS WORKS THAT WE HAVE INDIVIDUAL EVALUATORS THAT SCORE THEIR OWN VIEW, THAT PROVIDE A SCORE FOR THEIR OWN VIEW, THEIR OWN EVALUATION OF A PARTICULAR ELEMENT IN THIS MATRIX, IN THIS CASE, THE EXPERIENCE OF THE PROJECT PRINCIPAL. AND WE THEN ADD UP THE SIX OR SEVEN IN THIS CASE I THINK WE HAD SIX EVALUATORS, SIX SCORES, DIVIDE THEM BY SIX. THE AVERAGE OF THOSE SCORES IS WHAT YOU SEE REFLECTED IN THIS MATRIX. SO THIS IS A COMPOSITE, THIS IS NOT AN INDIVIDUAL SCORE. YOU DON'T KNOW REALLY HOW IT TURNS OUT. EACH OF THE EVALUATORS MAY HAVE HAD A SIGNIFICANT SPREAD BETWEEN THE TWO FIRMS, BUT ONE MAY HAVE HAD CH2M HILL ON TOP, THE OTHER ONE MAY HAVE HAD CAROLLO ON TOP. IF YOU TALLY IT ALL UP, YOU AVERAGE IT, YOU END UP WITH THIS COMPRESSION AT THE END. TOM THOMAS IF WE MOVE ON OVER TO THE —

THOMAS: IF WE MOVE ON OVER TO THE SUB— COMPARABLE PROJECT EXPERIENCE, THE HIGHEST IS 15, YOU HAVE 12 AND 11

UH-HUH

THOMAS: EXPLAIN THAT TO ME

REIKE: AGAIN, YOU HAVE THE SAME PRINCIPAL, THE — THE EVALUATOR'S SCORES AVERAGED AND SO — THIS IS JUST HOW IT CAME OUT IN THE FINAL TALLY, 12 POINTS FOR CAROLLO, 11 POINTS FOR CH2M HILL. THAT WOULD TYPICALLY INDICATE THAT A MAJORITY OR ALL OF THE EVALUATORS SAW A — A GREATER VALUE OR A BETTER REPRESENTATION OF SUBCONSULTANTS ON THE HIGHER RANKED TEAM, OTHERWISE YOU WOULD NOT LIKELY HAVE ARRIVED AT THIS NUMBER

THOMAS: OKAY. THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS? MAYOR PRO TEM?

GOODMAN: MAYOR, I SHOULD COMMENT, HAVING SECONDED THAT MOTION, I REALLY LOOK FORWARD TO THE TIME WHEN WE DON'T FIND OURSELVES IN THIS KIND OF PREDICAMENT TRYING TO READ THE MATRIX AND LOOKING AT IT AND IT'S NOT SAYING EXACTLY WHAT YOU THINK IT OUGHT TO SAY WITH THE PARTICULAR MATRIX SESSION — SECTIONS. I DO WANT TO ALSO REITERATE THAT EVERY TIME THIS HAPPENS, THERE ARE TWO MORE THAN EXCELLENT CHOICES AND IT'S JUST — HEART RENDING IS NOT EXACTLY IT. THIS IS SO DIFFICULT A DECISION, I HOPE WE GO BACK TO THE MATRIX AND LOOK AT SOME OF THE SUBTLETIES THAT ARE CAUSING US TO — TO HAVE TO TRY TO READ THIS AT FIRST AND SECOND RECOMMENDATIONS. THE TWO TOP RECOMMENDATIONS ARE EXCELLENT, MORE THAN EXCELLENT AND WE ARE LUCKY TO HAVE EITHER OF THEM APPLY.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ.

ALVAREZ: YEAH, MAYOR, THIS IS A TOUGH DECISION. AGAIN BECAUSE WE ARE DEALING WITH VERY QUALIFIED FIRMS, EITHER OF WHICH COULD DO THE WORK. SINCE SIMILAR TO A DISCUSSION WE HAD ABOUT A YEAR AND A HALF AGO, WHERE I MYSELF HAD EXPRESSED SOME CONCERNS ABOUT THE SCORING. I THINK THIS PARTICULAR SCORING IS — IS — WAS DONE MORE ACCURATELY. I THINK THAN THE PREVIOUS ONE. AND I REALLY HAVE CONCERNS ABOUT THAT ITEM ON THE PREVIOUS CITY OF AUSTIN WORK, START...... STARTING TO — I GUESS JUST TALKING AT LEAST IN THE MIDDLE OF THE PROCESS OF TAKING A CERTAIN — A ESSENTIAL CATEGORY OF SCORING OUT, BECAUSE I THINK — I THINK FOLKS HERE IN THIS ROOM KIND OF UNDERSTAND WHAT THE PARTICULAR CATEGORY IS INTENDED TO DO AND IF THAT WERE TO BE REMOVED I THINK THERE WOULD BE SOME — SOME ADVERSE EFFECTS THAT SOME FOLKS I THINK WOULD — WOULD ADMIT TO AND SO ANYWAY I THINK, FROM MY POINT OF VIEW, I'M GOING TO — I THINK THIS PARTICULAR SCORING WITH THE POINT SPREAD DOES SUPPORT I THINK CAROLLO RECEIVING THIS PARTICULAR CONTRACT. AND I DO WANT TO MAKE SURE EVERYBODY UNDERSTANDS, WE HAVE BEEN LOOKING AT THE MATRIX AND ACTUALLY THIS PARTICULAR TUESDAY IS WHEN WE ARE GOING TO BE KIND OF REVISED — PUTTING OUT A REVISED MATRIX FOR COMMENT WHICH I THINK IS GOING TO BE — THERE MAY BE SOME INTEREST, ESPECIALLY AFTER THIS PARTICULAR DECISION, BUT — SO WE WILL BE LOOKING AT HOW ARE WE INTERPRETING THESE CATEGORIES AND LOOKING AT SOME NEW CATEGORIES THAT SCORING FOR THESE PARTICULAR KIND OF CONTRACTS AS WELL AS FOR CONSTRUCTION CONTRACTS AS WELL UNDER SB510, ON TUESDAY THE M.B.E. W.B.E. SUBCOMMITTEE WILL BE MEETING AND STAFF WILL PRESENT THE REVISED SCORING SYSTEMS UNDER BOTH — BOTH KINDS OF WORK. SO — SO AGAIN YOU KNOW THAT WOULD BE A GOOD TIME TO LOOK AT THIS PREVIOUS CITY OF AUSTIN WORK TO FIGURE OUT, YOU KNOW, SHOULD IT BE JUST THE PRIME, SHOULD IT BE THE TEAM AND LOOK AT SOME OF THESE OTHER CATEGORIES AS WELL AND FIGURE OUT SHOULD IT BE THE TEAM, SHOULD IT BE THE PRIME? SO THAT'S — I JUST WANTED TO MAKE SURE FOLKS DO KNOW THAT THAT IS HAPPENING. WE HAVE BEEN LOOKING AT THAT ISSUE AND HAVEN'T REALLY REACHED CONSENSUS ON HOW TO ASSIGN THESE PARTICULAR — ALL OF THESE POINTS IN THESE DIFFERENT CATEGORIES, SO THERE — SO THERE WILL BE SOME MOVEMENT ON THAT IN THE NEAR FUTURE.

SLUSHER: MAYOR, I HAVE A COUPLE OF QUESTIONS.

MAYOR GARCIA: COUNCILMEMBER SLUSHER. COUNCILMEMBER ALVAREZ, ARE YOU THROUGH?

SLUSHER: I DON'T KNOW WHAT — YOU ALL CAN DECIDE WHICH ONE THIS IS FOR. ONE OF THE THINGS, I THINK HILL HAS MADE SOME STRONG POINTS ABOUT THEIR LOCAL CONNECTIONS OR LOCAL NOT CONNECTIONS BUT — BUT LOCAL HISTORY AND LOCAL STRENGTH. BUT I WANT TO MAKE — THERE'S ALSO BEEN CRITICISMS OF THE CAROLLO LOCAL CONNECTIONS AND BASE FLOATING AROUND. TELL ME ABOUT THE — THE — IF THE STAFF HAS CONFIDENCE, WHAT THE STAFF'S ANALYSIS IS OF THEM HAVING — BEING LOCALLY BASED AND DOING THIS, THAT THEY ARE NOT GOING TO BE JUST MANAGING IT FROM OUT OF TOWN. CLEARLY THEY HAVE A LOT OF STRONG LOCAL PEOPLE INVOLVED. BUT HOW IS IT GOING TO BE RUN BY THE PRIME?

THE TWO PROPOSING TEAMS THAT YOU HAVE HERE ARE SOMEWHAT DIFFERENT IN TERMS OF HOW THEY ARE ORGANIZED. AND I THINK THAT WAS POINTED OUT IN THEIR OWN PRESENTATIONS. SO FAR AS THE EVALUATION TEAM COULD TELL THE RESOURCES ARE THERE TO DELIVER THE PROJECT INDEPENDENT OF THOSE DIFFERENCES. BOTH OF THE PRIME FIRMS HAVE SUBSTANTIAL EXPERIENCE IN BUILDING LARGE SCALE WATER PRODUCTION FACILITIES. AND THAT IS REFLECTED IN THE SELECTION SCORES AS THEY WERE EVALUATED BY THE COMMITTEE. SO WE REALLY HAVE TO GO BACK TO AGE THAT THAT WAS — GO BACK TO SAYING THAT THAT WAS FACTORED IN THE COMPOSITE SCORES OF THE SELECTION CRITERIA. THE CAROLLO TEAM, WITH 30 SOME ODD PERCENTAGE OF THE WORK, WILL OBVIOUSLY HAVE TO — TO MANAGE A LARGER GROUP OF INDIVIDUALS TO ACCOMPLISH THE PROJECT. BUT IN OUR OPINION THAT IS NOT SO GREAT OF A DIFFERENCE BETWEEN THE CH2M HILL ABILITY TO DELIVER THE PROJECT

SLUSHER: ARE YOU SAYING THERE WON'T BE THAT MUCH OF A DIFFERENCE?

NOT A DISCERNIBLE DIFFERENCE

MR. REIKE, DO YOU WANT TO TAKE A SHOT AT THAT, TOO, YOU WERE MOVING UP THERE?

WELL, I CAN AGAIN REFER YOU TO YOUR BACKUP AND THE [INAUDIBLE] ITSELF. I THINK IF YOU LOOK AT THE LOCATION WHERE THE FIRMS DO THEIR BUSINESS AS INDICATED IN THE RCA BEHIND EACH OF THE FIRM'S NAME, YOU WILL FIND THAT BOTH FIRMS, WITH A VAST MAJORITY OF PARTNERS AND THEIR OWN OFFICES INDICATING THAT THEY ARE PRIME NEARLY LOCAL. THERE ARE SOME SPECIAL RESOURCES IN SOME INSTANCES THAT ARE FROM OUT OF TOWN. BUT WE FEEL COMFORTABLE THAT EITHER FIRM THROUGH ITS LOCAL PRESENCE WILL BE IN A POSITION TO DO THIS WORK.

SLUSHER: OKAY.

MAYOR GARCIA: FURTHER COMMENTS, QUESTION? THERE'S A MOTION AND A SECOND ON THE TABLE

SLUSHER: WELL, MAYOR, I JUST WANT TO SAY THIS IS A TOUGH ONE. I KNOW A LOT OF PEOPLE HAVE A LOT AT STAKE HERE. WITH THE — IT'S JUST A VERY CLOSE CALL. AND I'M GOING TO VOTE WITH THE STAFF RECOMMENDATION ON THE CALL THAT CLOSE WHEN I DON'T — I CAN'T SEE THAT ONE CLEARLY OUTDOES THE OTHER AND IN THAT CASE I THINK THE THAT — THAT I SHOULD GO WITH THE STAFF RECOMMENDATION

MAYOR GARCIA: ALL RIGHT. FURTHER COMMENTS?

THOMAS: MAYOR, I —

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: TWO QUARTER ON THE CAROLLO, CTMH HILL, ONE PEOPLE HAS LOCAL, ONE GROUP HAS A LARGER GROUP TO COMPLETE THE ASSIGNMENT —

REIKE: ONE GROUP WHAT A WHAT, I'M SORRY?

THOMAS: ASKING THE QUESTION ABOUT HOW MANY PEOPLE ARE LOCAL. AS OPPOSED TO ONES THAT ARE OUT OF TOWN. WHICH GROUP IS — IS IT CAROLLO OR EITHER — OR CH2M HILL HAS PEOPLE MORE LOCAL THAN — THAN THE OTHER FIRM?

REIKE: WELL, IF I LOOK AT THE AT THE INFORMATION THAT WE HAVE RECEIVED FROM BOTH FIRMS, I WOULD HAVE TO SAY THAT ALL PORTION PANTS IN THE CH2M HILL TEAM SHOW A LOCAL OFFICE, THAT IS BASICALLY 100%. FOR CAROLLO, THERE ARE A FEW FIRMS, A HANDFUL OF FIRMS THAT ARE SHOWN AS OUT OF TOWN FIRMS, BUT I THINK IF YOU LA AT THE PERCENTAGES OF WORK ASSIGNED TO THOSE AGAIN THOSE ARE SPECIALTY FIRMS AND THE PERCENTAGES ARE FOR INSTANCE, .29%, .29%, .08%, SO THE OVERALL PERCENTAGE IS RELATIVELY LOW WITHOUT HAVING TALLIED ITRONIX APPEARS TO BE SOMEWHERE IN THE 5% PLUS OR MINUS RANGE. SO, YES, IT'S NOT ENTIRELY LOCAL, BUT IT'S BY A VAST MAJORITY LOCAL. AS I SAID, WE BELIEVE THAT BOTH FIRMS HAVE MORE THAN SUFFICIENT LOCAL PRESENCE TO MAKE US FEEL COMFORTABLE THAT THEY CAN DELIVER ON THIS PROJECT.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS? MOTION IS ON THE TABLE TO — FOR THE CH2M HILL. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. AGAINST?

NO.

LET ME SEE IF I CAN COUNT. AYES CAN YOU RAISE YOUR HAND. I COULDN'T HEAR IT. WHY DON'T YOU CALL THE ROLL.

OKAY. COUNCILMEMBER ALVAREZ?

ALVAREZ: NO.

COUNCILMEMBER GRIFFITH?

GRIFFITH: NO.

COUNCILMEMBER SLUSHER?

SLUSHER: NO

COUNCILMEMBER THOMAS?

THOMAS: NO.

COUNCILMEMBER — EXCUSE ME, MAYOR?

MAYOR GARCIA: YES

MAYOR PRO TEM?

GOODMAN: YES.

I SHOW THREE YESES AND FOUR KNOWS

MAYOR GARCIA: THE MOTION FAILS ON A VOTE OF THREE TO 4. I WILL ENTERTAIN A MOTION FOR THE STAFF RECOMMENDATION.

ALVAREZ: MOVE APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ, IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? FEF ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE, OPPOSED, NO

MOTION CARRIES ON A VOTE OF 7 TO 0. THANK YOU VERY MUCH, EVERYBODY MUCH REV COUNCIL, THAT'S ALL OF THE ITEMS THAT WE HAVE. I WILL ENTERTAIN A MOTION TO ADJOURN.

MOVE APPROVAL.

MOTION AND A SECOND. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. 8:47. 20!'@a$D9R@a@u@uA@ g8 hX J@1&ay=ao2[g0t> WE DON'T HAVE A QUORUM YET, BUT I WANT TO ANNOUNCE ONE ITEM SO THAT EVERYBODY WHO IS HERE FOR THAT ONE KNOW THAT WE'RE NOT GOING TO TAKE IT UP. ITEM NUMBER 1, WHICH IS A PRIVATE CONSULTATION WITH THE ATTORNEY ON SECTION 551.071 WILL NOT BE TAKEN UP TODAY. THERE'S NO NEED FOR THAT ONE, SO WE WILL NOT BE DOING IT. AND I'LL CALL THE MEETING TO ORDER AS SOON AS I GET TWO MORE COUNCILMEMBERS HERE. GOOD MORNING, COUNCILMEMBER GRIFFITH. I'M GOING TO HAVE TO BE CAREFUL WHAT I SAY HERE. THINGS ARE LOUD AND I CAN'T TURN THEM OFF. I USED TO HAVE A BUTTON HERE THAT I COULD JUST PRESS. WHEN YOU SEE ME DOING THIS, THAT MEANS I'M MAKING SURE I DON'T SAY SOMETHING I SHOULDN'T SAY. COUNCILMEMBER ALVAREZ MAY BE OUTSIDE. WHEN HE COMES IN WE CAN START. OKAY. WITH NOW HAVE A QUORUM OF THE COUNCIL WITH COUNCILMEMBERS WYNN, GRIFFITH, SLUSHER AND GARCIA HERE, SO I'M GOING TO CALL THE WORK SESSION OF THE COUNCIL TO ORDER. IT IS WEDNESDAY, APRIL THE THIRD OF THE YEAR 2002. WE'RE AT 1 TEXAS CENTER, 505 BARTON SPRINGS ROAD, THIRD FLOOR TRAINING ROOM IN AUSTIN, TEXAS, AND WE HAVE FOUR ITEMS ON THE AGENDA. I'VE ALREADY ANNOUNCED THAT THE FIRST ONE, WHICH IS A PRIVATE CONSULTATION WITH THE ATTORNEY, WILL NOT BE — WE WILL NOT BE DOING THAT. AND I THINK THERE'S ONE CHANGE AND CORRECTION. CITY MANAGER, DO YOU WANT TO ANNOUNCE THAT ONE? NUMBER 3, IS THAT A BRIEFING?

THAT'S EXACTLY RIGHT, NUMBER 3 IS NOT A BRIEFING, IT ACTUALLY WILL BE FOR COUNCIL TO POSSIBLY MAKE A CHANGE AND APPROVE. WE JUST WANTED TO BE SURE THE ITEM THAT HAD THE MOST DISCUSSION HAD A CHANCE TO COME BACK HERE FOR YOU TO SEE IT IN FINAL FORM BEFORE WE MOVED FORWARD.

MAYOR GARCIA: OKAY. ARE THERE ANY ITEMS FOR THE NEXT COUNCIL WORK SESSION THAT ANYBODY WANTS TO ANNOUNCE OR REQUEST THAT WE DO THAT? OKAY. THE FIRST BRIEFING IS AN UPDATE FROM THE SOLID WASTE DEPARTMENT — SOLID WASTE SERVICES DEPARTMENT AND HEALTH & HUMAN SERVICES DEPARTMENT REGARDING ODOR COMPLAINTS IN NORTHEAST AUSTIN AROUND THE LANDFILLS LOCATED ON GILES ROAD. WE HAVE SEVERAL FOLKS HERE, THE CITY MANAGER, LISA GORDON, SOLID WASTE SERVICES DEPARTMENT HEAD, WILLIE RHODES. AND FROM HEALTH AND HUMAN SERVICES, DAVID BURY. AND I DON'T KNOW YOU, SO I'M NOT GOING TO ANNOUNCE YOU.

THIS IS JERRY HENDRIX. HE'S HELPING ON THIS.

MAYOR GARCIA: OKAY. CITY MANAGER?

I'M GOING TO TURN THIS OVER TO LISA TO DO THE INTRO ON THIS, BUT BASICALLY, COUNCIL, WE'VE BEEN VERY CONCERNED ABOUT THE CONTACTS WE'VE HAD FROM THE SURROUNDING NEIGHBORHOODS ABOUT THE ODOR ISSUE. WE HAVE ASKED MULTIPLE PEOPLE IN DIFFERENT DEPARTMENTS OF THE CITY FROM HEALTH TO ENVIRONMENTAL WATERSHED, TO SOLID WASTE SERVICES TO WORK WITH US, AND WE JUST WANTED TO GIVE YOU A STATUS REPORT ON WHAT'S HAPPENED, WHAT WE FOUND, WHAT WE THINK CAN HELP SOLVE THE ISSUE.

I WOULD JUST LIKE TO ADD TO THAT THAT THE STAFF WILL PROVIDE AN OVERVIEW TODAY OF WHAT'S CAUSING THE ODOR, WHAT STEPS HAVE BEEN TAKEN BY THE CITY OF AUSTIN, STEPS BY THE PRIVATE ENTITIES, THE LANDFILL OWNERS AS WELL AS THE PUBLIC HEALTH CONCERNS HAVE BEEN RAISED WITH SOME OF THE COMPLAINTS FROM THE NEIGHBORHOOD. SO I THINK THAT THIS PRESENTATION WILL ALLOW COUNCIL TO GET A BETTER UNDERSTANDING OF WHAT THE ISSUES WE'RE DEALING WITH AND WHAT STEPS ARE BEING TAKEN TO ADDRESS THE MATTER. I'M GOING TO TURN IT OVER TO —

MAYOR GARCIA: CAN WE MOVE THAT MAP A LITTLE BIT THIS WAY SO THAT WE CAN LOOK AT THAT? THAT'S FINE. NO, THAT'S FINE. THANK YOU VERY MUCH, RYAN.

GOOD MORNING, MAYOR, COUNCILMEMBERS. MY NAME IS WILLIE RHODES AND I'M THE DIRECTOR OF SOLID WASTE SERVICES AND I'D LIKE TO DO AN INTRODUCTION ON THE ODOR. WITH ME IS DAVID LURERY AND ALSO IS JERRY HENDRIX OF SOLID WASTE SERVICES STAFF. A LITTLE BACKGROUND CONCERNING THE ODORS, WE'RE GOING TO TALK THIS MORNING ABOUT THE BACKGROUND, LANDFILL 101, INFORM THE COUNCIL ABOUT THE LANDFILL, THE CAUSES, ACTIONS THAT CAN BE TAKEN AND THEN WE'LL HAVE A COUNCIL AND ANSWER SESSION FRO F THE COUNCIL IN CASE YOU HAVE QUESTIONS CONCERNING THIS PRESENTATION. ON THE BACKGROUND, IN NOVEMBER 2001 WHEN COUNCIL EXTENDED THE WATER AND WASTEWATER'S DEPARTMENT, COUNCIL REQUESTED THE CITY MANAGER TO CONTACT THE TNRCC REGARDING THE ODOR ISSUES THAT THE NEIGHBORHOOD AROUND THE WMI, BFI LANDFILL WERE EXPERIENCING. THOSE COMPLAINTS HAVE CONTINUED AND COUNCIL REQUESTED THIS BRIEFING ON THIS ISSUE. A LITTLE LANDFILL 101. THE LANDFILLS ARE LOCATED IN NORTHEAST AUSTIN OFF OF 290 AND ON GILES ROAD. THEY FRONT ON GILES ROAD. THE BFI LANDFILL LOCATED ADJACENT TO EACH OTHER ON GILES ROAD. THEY'RE IN TRAVIS COUNTY, NOT WITHIN THE CITY LIMITS OF AUSTIN. THE BFI LANDFILL IS A TAPE 1 MUNICIPAL LANDFILL ON 352 ACRES WITH 2 SKI ACRES OF LANDFILL AREA. 263. THE WASTE MANAGEMENT LANDFILL IS ALSO TYPE 1 MUNICIPAL LANDFILL ON 290 ACRES WITH 180 ACRES OF LANDFILL AREA. LANDFILLS CAN GENERATE VARIOUS LIQUIDS AND GASES AS A BY PRODUCT OF MATERIALS AND DECOMPOSITION. LANDFILL GAS IS COMPOSED OF SEVERAL CONSTITUENTS, SEVERAL GASES. TRACE GASES. LANDFILLS ARE REQUIRED TO INSTALL SYSTEMS TO PREVENT THESE BY-PRODUCTS ARE BEING PRODUCED INTO THE SURROUNDING AREA. SUBTITLE B LANDFILL CELLS ARE LINED WITH A PROTECTIVE LANDING OR MEMBRANE OVERCOME PACTED CLAY. TYPE POOEUPING IS INSTALLED TO COLLECT THE LIQUID KNOWN AS LECHE, THEN GARBAGE IS PLACED INTO THE FILL UNTIL IT REACHED A FINAL GRADE AND A CAP IS INSTALLED AND THEN A GAS COLLECTION SYSTEM IS INSTALLED TO REMOVE THE GAS. TO DISPOSE OF THE GAS LANDFILLS MAY INSTITUTE RECOVERY SYSTEMS AND MOVE OVER THE GASES. LANDFILLS ARE REQUIRED TO DO MONITORING. ALL SOLID WASTE LANDFILLS MUST CONFORM TO FEDERAL AND STATE REGULATIONS AND OBTAIN REQUIRED PERMITS. LANDFILL OPERATORS ARE RESPONSIBLE FOR THE MONITORING AT THE LANDFILL TO ENSURE COMPLIANCE WITH ALL REGULATIONS. REGULATORY COMPLIANCE WITH LANDFILL REGULATION SZ BY THE TNRCC OF TEXAS AND THEREFORE ARE SUBJECT TO INSPECTIONS BY THE TNRCC. THEY ARE ALSO ABLE TO IMPOSE FINES AND PENALTIES FOR VIETION OF RULES AND REGULATIONS BY THE LANDFILL OPERATORS. ONE OF THE POTENTIAL CAUSES FOR LANDFILL ODORS, FIRST I'LL GIVE YOU LANDFILL 101 POTENTIAL PROBLEMS. EXCESSIVE ACCUMULATION OF WATER FROM HEAVY RAINFALL EVENTS CAUSES GARBAGE TO DECOMPOSE MORE RAPIDLY AND GENERATE LARGER QUANTITIES OF GAS. INADEQUATE GAS COLLECTION SYSTEM, ACCUMULATION OR IMPROPER MANAGEMENT OF LANDFILL GAS CONDENSATE AND A LANDFILL GAS COLLECTION SYSTEM. ACCUMULATION AND/OR IMPROPER MANAGEMENT OF LANDFILL LECHE. FAILURE TO REMOVE AACCUMULATED LECHE IN LANDFILL CELLS, CAUSING THE DECOMPOSITION OF GARBAGE AND THE GAS, CHANGES IN THE TYPES OF WASTE ACCEPTED OR FAILURE TO COVER THE WASTE DAILY WITH AN ADEQUATE DEPTH OF SOIL. WITH REGARD TO THE ODOR COMPLAINTS RECEIVED IN THE FALL OF 2001, THE NEIGHBORS AROUND THE BFI AND WASTE MANAGEMENT LANDFILL HAVE EXPERIENCED TREMENDOUS ODOR. THE CITY BELIEVES THAT THE ODORS MAY BE CAUSED IN PART BY THE HEAVY RAINS THAT OCCURRED IN AUGUST OF 2001 OF 9.5 INCHES, NOVEMBER 10 INCHES AND DECEMBER OF FIVE INCHES. THAT INCREASED THE LECHE AND ME THAIN PRODUCTION AT THE LANDFILL. THE INCREASED AMOUNT OF LECHE WAS NOT PROCESSED BY THE OPERATORS AND THE EXCESS OF THAT LED TO THE PRODUCTION OF NOXIOUS ODORS AND METHANE GASES. WHAT ACTION DID THE TNRCC TAKE? THE CITY CONTACTED TNRCC REGARDING THE ODOR COMPLAINTS AND OBTAINED UPDATES CONCERNING THEIR ACTIONS. TNRCC HAD BEEN NOTIFIED OF THE ODORS AROUND THE LANDFILL ON 290 AND GILES ROAD. AND INFORMATION RECEIVED FROM THE TNRCC INCLUDES THE FOLLOWING: IT WAS DIFFICULT TO PINPOINT WHICH LANDFILL ODORS COME FROM SINCE BOTH BFI LANDFILL AND WASTE MANAGEMENT LANDFILL ARE IN CLOSE PROXIMITY TO EACH OTHER. WHENEVER AN ODOR COMPLAINT WAS RECEIVED, BOTH LANDFILLS WAS INVESTIGATED. ODOR VIOLATIONS ARE DIFFICULT TO ISSUE BECAUSE THE ODOR MUST BE EXPERIENCED ON A THE COMPLAIN ANTS PROPERTY. IN ORDER FOR THE ODOR TO BE CLASSIFIED AS A NUISANCE BY THE TNRCC IT MUST PREVENT THE NORMAL USE OF THE COMPLAIN ANT'S PROPERTY. THE EXISTENCE OF AN ODOR DOES NOT NECESSARILY MEAN THAT A VIOLATION HAS OCCURRED. MONITORING WAS INITIATED BY TNRCC ON JANUARY EIGHTH, 2002 AND CONDUCTED AT VARIOUS TIMES, INCLUDING LATE NIGHT AND EARLY MORNING HOURS. THE ODOR APPEARED TO BE BOTH A GAS ORDINARY AND A WASTE ODOR. TNRCC CONDUCTED AN EIGHT P.M. TO EIGHT A.M. ROVING WATCH OF THE AREA AROUND THE LANDFILL FROM MARCH 13TH TO MARCH 20TH. THESE WERE THE ACTIONS THEY WERE DONE BY THE LAND — BY TNRCC CONCERNING THE LANDFILL ODOR ISSUE. AT THIS TIME I WOULD LIKE TO TURN IT OVER TO DAVID LURERY, DIRECTOR OF THE TRAVIS COUNTY HEALTH DEPARTMENT TO TALK ABOUT THE RESULTS OF THE MONITORING.

GOOD MORNING, MAYOR, COUNCILMEMBERS. AS YOU'RE WELL AWARE, THERE HAVE BEEN A SIGNIFICANT INCREASE IN THE NUMBER OF COMPLAINTS REGARDING ODORS IN NEIGHBORHOODS CLOSE TO THE LANDFILL, PRIMARILY STARTING IN DECEMBER OF '02. THE COMPLAINTS — THE ODORS COMPLAINED ABOUT APPEAR TO BE RELATED TO HYDROGEN SULFIDE GAS WHICH CAN PRODUCE HEADACHES, FATIGUE AND NAUSEA AS WELL AS IRRITATION OF EYES AND THE MUCUS MEMBRANES. IT'S IMPORTANT TO NOTE THAT THESE SYMPTOMS CAN APPEAR AT LEVELS THAT DO NOT NECESSARILY EXCEED THE REGULATORY LEVELS, SO THAT IS TO SAY THAT PEOPLE CAN EXPERIENCE SOME OF THESE SYMPTOMS AND YET THE LEVEL MAY NOT BE SUCH THAT WOULD CALL FOR A REGULATORY ACTION. THE TNRCC MONITORED THE AMBIENT AIR QUALITY ON SEVERAL DAYS IN JANUARY AND FEBRUARY AND THEIR TOXICOLOGY AND RISK ASSESSMENT SECTION CONCLUDED THAT THERE WERE NO ADVERSE HEALTH EFFECTS FROM THE AIR DATA THAT THEY REPORTED ON. IN ADDITION THE SUSTAIN ABILITYD OFFICER FOR THE CITY OF AUSTIN REVIEWED THE TNRCC ANALYSIS AND REPORTS AND CONCURS WITH THE CONCLUSION THAT ADVERSE HEALTH EFFECTS WOULD NOT BE EXPECTED FROM EXPOSURE AS INDICATED IN THE DATA. WE ALSO CONSULTED WITH THE TEXAS DEPARTMENT OF HEALTH, THEIR ENVIRONMENTAL EPIDEMIOLOGY AND TOXICOLOGY DIVISION, WHICH IS REALLY THE AREA THAT HAS THE EXPERTISE IN TERMS OF LOOKING AT THESE ISSUES FROM A PUBLIC HEALTH PERSPECTIVE OR LOCAL HEALTH AUTHORITY, DR. HARRIS AND MEASURE YEEL, OUR MANAGER OF CONSUMER HEALTH MET WITH TDH OFFICIALS AND REVIEWED THE FINDINGS WITH THEM AS WELL. TDH ALSO CONFIRMED BASED ON THE TNRCC DATA THAT THERE WERE NO TOXIC EXPOSURES TO THE PUBLIC. IT'S IMPORTANT TO DISTINGUISH IN TERMS OF SHORT-TERM HEALTH EFFECTS AND SOME OF THE SYMPTOMS THAT PEOPLE MAY BE EXPERIENCING FROM THESE ODORS SUCH AS EYE IRRITATION, HEADACHES AND NAUSEA FROM LONGER TERM HEALTH EFFECTS AND POTENTIAL DISEASE TRANSMISSION. OUR WORK AGAIN WITH CONSULTATION WITH THE LOCAL HEALTH AUTHORITY AND BASED ON OUR SURVEILLANCE STAFF HAVING ALSO BEEN OUT IN THE AREA ALONG WITH ENVIRONMENTAL STAFF AND FOLLOWING UP AS I INDICATED WITH THE TNRCC AND THE TEXAS DEPARTMENT OF HEALTH HAVE FOUND NO EVIDENCE OF LONG-TERM HEALTH EFFECTS, DISEASE TRANSMISSION OR EVIDENCE OF A PUBLIC HEALTH PROBLEM. SO ALTHOUGH IT'S VERY IMPORTANT TO ACKNOWLEDGE THAT THIS IS CERTAINLY A SIGNIFICANT ISSUE IN TERMS OF QUALITY OF LIFE AND THE SYMPTOMS THAT PEOPLE ARE EXPERIENCING ARE UNPLEASANT SYMPTOMS, IT DOES NOT RISE TO THE LEVEL OF A PUBLIC HEALTH ISSUE OR CONCERN BASED ON THE LEVELS THAT WE HAVE SEEN SO FAR IN TERMS OF THESE MONITORING ACTIVITIES. THANK YOU.

ONE OF THE CITY OF AUSTIN'S ACTIONS THAT WE UNDERTAKE, THE CITY MET WITH TNRCC FOR AN UPDATE ON THEIR INVESTIGATION AND TNRCC HAVE INFORMED US THAT THEY HAVE NOTIFIED BOTH BFI AND WASTE MANAGEMENT THAT THEY WILL BE TAKING ENFORCEMENT ACTION. TNRCC WILL SEND OUT THAT NOTICE OF ENFORCEMENT TODAY. THE TNRCC ALSO SAYS THAT BFI WASTE MANAGEMENT TAKE CORRECTIVE ACTIONS BASED ON THEIR PERMITS FOR THE GAS COLLECTION AT THEIR LANDFILLS. THE CITY ALSO MET WITH BFI AND WASTE MANAGEMENT AND N.F.L. THEM THAT EVEN THOUGH THEY WERE TAKING THE STEPS NECESSARY UNDER THE PERMIT CONCERNING THE LANDFILL ODORS THAT THEY NEED TO INITIATE MORE MEASURES FOR THE NEGATIVE IMPACT THAT THEY CREATEDDED WITH I AMOPER MANAGEMENT PRACTICES AT THEIR LANDFILLS. AT THIS TIME I WOULD LIKE TO TALK ABOUT SOME OF THE FUTURE ACTIONS THAT BOTH BFI AND WASTE T ARE GOING TO BE DOING. THEY ARE GOING TO CONTROL THE WINDBLOWN TRASH, CONTROLLING THE BIRDS, CREATING A NEIGHBORHOOD HOTLINE. TO INSTALL PORTABLE ODOR CONTROL DEVICES. AND AGREE TO DEVELOP A COMPLIANCE UPDATE SYSTEM WITH TRAVIS COUNTY. THE CITY HAS CONTACTED TRAVIS COUNTY IN ORDER TO PART OF THE COMPLIANCE UPDATE SYSTEM. FUTURE ACTIONS BY WASTE NGMENT. WASTE MANAGEMENT HAS AGREED TO FOLLOW ADDITIONAL MEASURES, CONTROLLING WINDBLOWN TRASH, CONTROL OF THE BIRDS, REDUCE THE WORKING SPACE, INSTALLING PORTABLE ODOR CONTROL DEVICES AND USING DIRT AS A DAILY COVER FOR 90 DAYS BEGINNING MARCH 11TH, 2002. BFI AND WASTE MANAGEMENT HAS ALSO AGREED TO IMPROVE THE MUD AND DUST CONTROL AROUND BOTH LANDFILLS AND THEY'RE GOING TO WORK TOGETHER ON LITTER ABATEMENT AROUND BOTH LANDFILLS. AT THIS TIME, MAYOR, THAT CONCLUDES MY PRESENTATION ON THE UPDATE FOR THE LANDFILL ODORS AND WE'LL TAKE ANY QUESTIONS THAT YOU MAY HAVE.

MAYOR GARCIA: HOW DO WE CONTROL BIRDS?

ON THE BIRDS WHAT THEY'RE GOING TO DO IS PROBABLY DO SOME NOISE EFFECTS AND TRY TO SHOE THE BIRDS AWAY. THEY CAN PUT UP SOME TYPE OF FENCING TOO. BUT THEY'VE HIRED SOME PEOPLE TO TRY TO HELP THEM IN THAT AREA.

YOU SAID THAT ON THE ISSUE OF STARTING THE MILT MEUTGATION EFFORTS THAT THEY STARTED IN MARCH?

NO, I SAID WASTE MANAGEMENT BEGAN IN MARCH USING DIRT FOR DAILY COVER. PREVIOUS BEFORE THAT THEY HAD GOTTEN PER ISSION FROM TNRCC TO USE THE DAILY COVER OF A TARP OVER THE WORKING SPACE OF THE LANDFILL. WHAT THEY HAVE DONE SINCE MARCH 11TH IS INSERT DIRT FOR A DAILY COVER.

MAYOR GARCIA: BOTH BFI AND WASTE MANAGEMENT DO THE SAME OR JUST ONE OF THEM?

BFI USES DIRT ALREADY, BUT WASTE MANAGEMENT WAS USING A TARP UNDER THE DAILY COVER, WHICH IS PERMITTED UNDER THE TNRCC REGULATIONS.

MAYOR GARCIA: AND DAVID, HAVE WE RUNNY TEST OZ ANY OF THE INDIVIDUALS THAT MAY HAVE EXPERIENCED SOME MEDICAL PROBLEMS?

NO, SIR, WE'VE NOT BEEN INVOLVED IN ANY TESTING AND I'M NOT AWARE OF INDIVIDUALS ACTUALLY GOING TO A PHYSICIAN OR HEALTH CARE PROVIDER IN TERMS OF SYMPTOMS. THERE HAVE BEEN COMPLAINTS OF NAUSEA, EYE IRRITATION AND SO FORTH. THE ONLY TESTING THAT'S BEEN DONE SO FAR HAS BEEN THE AIR QUALITY TESTING BY TNRCC THAT I'M AWARE OF.

MAYOR GARCIA: GREAT. DID THEY TELL US WHAT THOSE TESTS SHOWED?

YES, THEY HAVE A REPORT SHOWS THE RANGE OF THEIR FINDINGS, WHICH ARE BELOW ANY LEVEL THAT WE WOULD CONSIDER TO BE A SIGNIFICANT PUBLIC HEALTH CONCERN.

MAYOR GARCIA: ARE WE NOTIFYING ANYBODY ABOUT WHETHER THEY HAVE MEDICAL — IF THEY'RE EXPERIENCING MEDICAL PROBLEMS THAT THEY CAN CALL A NUMBER AND GET TESTED OR WHATEVER? OR HAVE WE NOTIFIED PHYSICIANS TO LET US KNOW WHAT THEIR FINDINGS ARE WITH REGARD TO SOME OF THESE COMPLAINTS?

I GUESS I MIGHT ASK DR. HARRIS, THE HEALTH AUTHORITY, IN TERMS OF WHAT, IF ANYTHING, THERE MIGHT BE REPORTABLE IN THE CONTEXT OF THIS ISSUE.

MAYOR GARCIA: YOU CAN SIT OVER HERE OR HERE, DOCTOR.

THANK YOU, MAYOR. I'M DR. STEVE HARRIS. I'M THE HEALTH AUTHORITY FOR AUSTIN AND TRAVIS COUNTY. REGARDING THE QUESTION YOU RAISED ABOUT TESTING, FORTUNATELY THE EFFECTS OF HYDROGEN SULFIDE ON PEOPLE ARE USUALLY SHORT-TERM KIND OF EFFECTS. SINCE THERE REALLY ARE NO SIGNIFICANT LONG-TERM EFFECTS AND ONCE A PERSON IS REMOVED FROM THE EXPOSURE, THE SYMPTOMS USUALLY CLEAR UP VERY QUICKLY, THERE REALLY IS NO SPECIFIC MEDICAL TESTING THAT WOULD NORMALLY BE INDICATED. NORMALLY BECAUSE TNRCC IS THE AGENCY THAT OBTAINS THE COMPLAINTS FROM CITIZENS BECAUSE THEY'RE THE REGULATORY AGENCY, THE CITIZEN COMPLAINTS HAVE ACTUALLY GONE TO THEM, THEY'VE NOT GONE TO THE HEALTH DEPARTMENT. WE RECEIVED SOME COPIES OF SOME OF THESE, WHICH IS WHAT WE'VE INVESTIGATED TO OUR DISEASE SURVEILLANCE UNIT. AND AGAIN, AS MR. LURERY MENTIONED, SO FAR WE HAVE NOT GOTTEN ANY CALLS FROM REPORTS OF PHYSICIANS IN THE COMMUNITY ALERTING US OF ANY CONCERNS THEY HAVE. AGAIN, PART OF THE PROBLEM IS THERE IS NO SPECIFIC TESTING THAT WE COULD RECOMMEND.

MAYOR GARCIA: THERE'S — THE COUNTY IS ISTTING UP A COUPLE OF COMMITTEES, ONE FOR NORTHEAST AND ONE FOR SOUTHEAST. ARE WE GOING TO HAVE ANYBODY FROM THE CITY SERVING ON THOSE COMMITTEES OR MONITORING THE WORK OF THOSE COMMITTEES?

NO ONE WILL BE SERVING ON THE COMMITTEES. THE CITY OF AUSTIN IS INVOLVED IN THOSE MEETINGS. THE COUNTY IS PROPOSING A COUNTY SITE ORDINANCE FOR SOLID WASTE FACILITIES. WHAT THEY HAVE DONE IS THEY HAVE A DRAFT OUT. THEY CREATE A WORKING COMMITTEE TO GO OUT AND DO THE DRAFT ORDINANCE. THAT COMMITTEE PRESENTED ITS REPORT TO THE COUNTY YESTERDAY. THE COUNTY NOW HAS TAKEN THE COMMITTEE'S WORK AND TRIED TO DRAFT A PROPOSED ORDINANCE FOR THAT WILL BE AVAILABLE ON APRIL THE 9TH. THEN THE NEXT TWO WEEKS AFTER APRIL 9TH THERE ARE TWO COMMITTEES FOR THE NORTHEAST AND — THAT THE COUNTY JUDGE HAS SET UP WILL BE WORKING ON THOSE PORTIONS OF THE ORDINANCES.

SLUSHER: I'M SORRY.

MAYOR GARCIA: ONE FINAL QUESTION. APPARENTLY THE COUNTY IS SAYING THAT NO SOLID WASTE FACILITIES EXISTING SHOULD BE GRANDFATHERED OR EXEMPTED FROM THE NEW ORDINANCE. AND BFI AND WASTE MANAGEMENT HAVE ARGUED NOT SO. AND I THINK THEY HAVE ARGUED THAT THEIR EXPANSION VERTICALLY OR INSIDE EXISTING METES AND BOUNDS CAN BE RESTRICTED BY THE NEW ORDINANCE. IS THAT SOMETHING THAT WE CAN WORK WITH THE COUNTY ON TO SEE HOW THAT CAN BE DONE BECAUSE OF THE SEVERITY OF THE SITUATION?

WE HAVE BEEN MEETING WITH — AS PART OF THE — WE WERE NOT ON THE COMMITTEE, BUT WE WERE THERE AT EACH OF THE MEETINGS. SOLID WASTE SERVICES WAS THERE, WATERSHED PROTECTION WAS THERE. LEGAL STAFF WAS THERE. WE HAVE BEEN IN COMMUNICATION WITH THE COUNTY CONCERNING ORDINANCES BECAUSE WE HAVE THREE FACILITIES IN THE COUNTY THAT WILL BE AFFECTED BY THIS ORDINANCE. SO WE CAN WORK WITH THE COUNTY ON THAT.

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: YES, MR. RHODES, CAN YOU GO BACK TO THE SLIDE ON WHAT BFI IS GOING TO DO? OKAY. AND THEN GO TO THE NEXT ONE. THAT'S FINE. LEAVE IT THERE. BUT THEY'RE GOING TO PUT DIRT ON INSTEAD OF A PLASTIC COVER YOU'RE TALKING ABOUT. AND YOU THINK THAT'S A MORE EFFECTIVE WAY OF CONTROLLING THE ODOR? THAT'S THE IDEA BEHIND THAT?

YES.

SLUSHER: AND WHAT DOES THE — WHEN WEEY WERE DOING THE PLASTIC, IS THAT COVERED AT NIGHT AND THEN THEY WOULD TAKE THE PLASTIC OFF AND PUT MORE TRASH ON THERE? IS THAT WHAT WAS HAPPENING?

THEY ACTUALLY WERE PUTTING MORE TRASH OVER THERE, IN THAT AREA.

SLUSHER: OKAY. BUT THEY WERE MOVING IT EVERYDAY AND MORE OF THE OWED WOULD THEN COME OUT AGAIN? IS THAT WHAT WAS GOING ON? I'M TRYING TO UNDERSTAND.

IF YOU HAVE AN EXPOSED WORKING SPACE AND YOU DON'T COVER IT WITH THE DIRT TO TRY TO KEEP SOME OF THESE ODORS FROM LEAVING THE LAND FILDZ FILLS, YOU'RE GOING TO ALLOW THE ODOR TO LEAVE THE LANDFILL ONCE YOU REMOVE THE TARP AWAY FROM IT FOR THE NEXT DAY'S WORK.

SLUSHER: DO YOU THINK THAT WAS A SIGNIFICANT PART OF THE ODOR PROBLEM THAT WAS OCCURRING?

I THINK BECAUSE THE ODOR PROBLEMS WERE STILL OCCURRING, I RECOMMENDING THAT THEY NOT DO THIS PRACTICE. THIS PRACTICE WAS DONE PRIOR TO THE ODOR PROBLEMS OCCURRING, SO YOU CAN USE IT — IT'S A METHOD. HOWEVER, THE METHOD DOES — WHEN YOU HAVE A SITUATION AT THE LANDFILLS, I THINK THAT THEY SHOULD STOP THIS METHOD AND THIS IS WHAT WE ASKED THEM TO DO WHILE EXPERIENCING THE ODOR PROBLEMS AROUND THE LANDFILL.

SLUSHER: OKAY. AND THAT GETS THE REDUCED WORKING SPACE, EXPLAIN TO ME WHAT THAT MEANS.

IF YOU HAVE AN AREA OF 10 FEET WIDE BY 100 FEET WIDE AND THEN YOU SAY YOU'RE GOING TO REDUCE IT FROM 10 FEET WIDE TO 50 FEET LONG. THAT MEANS YOU HAVE LESS AREA EXPOSED TO WHERE ODORS CAN COME OUT. SO THAT'S WHAT REDUCING THE WORKING SPACE WOULD DO.

SLUSHER: SO THEY'LL BE DUMPING IT ON TO A SMALLER AREA AND THEN COVERING THAT UP WITH DIRT EVERY NIGHT RATHER THAN PUTTING THE PLASTIC TARP OVER IT.

YES.

SLUSHER: OKAY. AND PORTABLE ODOR CONTROL DEVICES, HOW DOES THAT WORK?

WELL, IF YOU GO INTO ANY BATHROOM FACILITY AND YOU'VE SEEN ON THE WALL —

SLUSHER: MAYBE I SHOULDN'T HAVE ASKED. [ LAUGHTER ] I'M JUST TRYING TO FIGURE OUT — BASICALLY WHAT I'M GETTING AT IS HOW EFFECTIVE DO YOU THINK THESE MEASURES ARE GOING TO BE AT COMBATTING THE PROBLEMS?

I THINK THE CHIEF METHOD WILL BE THE CONTROLLING OF LECHE THAT THE LANDFILLS HAVE ENCOUNTERED WILL BE THE BEST THING AND IMPROVEMENT OF THE GAS COLLECTION SYSTEM. THAT WILL BE THE TOP TWO THINGS. THESE ADDITIONAL MEASURES ARE JUST BECAUSE WE'RE FEELING THE CRUNCH IN THE AREAS WHERE THEY'RE STILL EXPERIENCING ODORS IN THE AREA. WE'RE TRYING TO GET THIS DOWN. SO THE FIRST TWO METHODS THAT THEY'RE GOING TO DO WOULD BE THE PRIMARY THINGS THAT WE WOULD ASK THEM TO DO. HOWEVER, THESE ARE ADDITIONAL MEASURES THAT WE THINK WILL IMPROVE THE SITUATION.

SLUSHER: WHAT ARE THE MEASURES THAT DEAL WITH THE LECHE?

THE LECHE IS — WHAT HAPPENS IS WITH LANDFILL YOU'RE PERMITTED TO HAVE ONE FOOT OF WATER ON THE CELL. THEY HAD MORE THAN THAT AT THOSE TWO LANDFILLS. ONCE YOU HAVE THAT, YOU NEED TO REMOVE IT OFF THERE. YOU CONTROL LECHE TYPICALLY FOR CITY OF AUSTIN — AND I DO NOT KNOW HOW THEY CONTROL THEIRS, BUT THE CITY OF AUSTIN WE CONTROL IT BY RECIRCULATING THE LIQUID. BASICALLY WE PUMP IT OFF AND THEN WE PUT IT BACK ON THE LANDFILLS, ON THE CLOSED FILL BECAUSE IN AUSTIN USUALLY YOU CAN GET 32 INCHES OF RAINFALL A YEAR, WHICH ALSO GETS 32 INCHES OF ERATION A YEAR, SO THE WATER WOULD BE EVAPORATED AS YOU WOULD BE CIRCLING ON THE LANDFILL. BUT YOU HAVE TO MONITOR WHAT YOU HAVE THERE. THAT'S WHY WE TALKED ABOUT MONITORING. WE MONITOR HOW MUCH LECHE WE HAVE. AND WE HAVE THE ISSUE AND WE TAKE CARE OF IT. IT'S AN ONGOING ACTION. WHEN THERE'S RAINFALL AT A LANDFILL, SOME OF THE ACTIONS HAVE TO STOP BECAUSE YOU CAN'T GET THE EQUIPMENT IN THERE TO DO THE TYPE OF WORK. ONCE THE RAINFALL STOPS, THEN YOU NEED TO GO IN THERE AND CHECK WHAT YOU HAVE AND TRY TO TAKE ACTION FROM IT. WHAT WE FEEL IS THAT SOME OF THE ISSUES THAT MAY HAVE CAUSED SOME OF THE PROBLEMS UP THERE, SUCH AS NOT TAKING THE ACTIONS IMMEDIATELY AFTER THE RAINFALL TO CONTROL THE LECHE, IS THE CAUSE OF THE PROBLEM.

SLUSHER: WOULD YOU SAY THAT UNDER THIS THAT THEY'RE MOVING AGRES SIEVELY TO — AGGRESSIVELY TO CORRECT THE PROBLEM AND PREVENT IT FROM HAPPENING AGAIN.

MOVING AGGRESSIVELY TO PREVENT THE PROBLEM. AND THEN WE WILL MONITOR THEM TO MAKE SURE THEY'RE DOING THEIR OPERATION OF THE LANDFILL CORRECTLY AND TNRCC WILL BE LOCKING AT THAT. I'M NOT SURE WHAT WE WILL BE DOING AS FAR AS THEIR COURSE OF ACTION AS FAR AS FROM THE LAND FILL. THAT WILL ALL BE PART OF THAT.

LUSHER: OKAY. I APPRECIATE YOU AND THE CITY MANAGER GETTING ON TOP OF THIS ISSUE AND GETTING COMPANIES TO TAKE ACTION. THANK YOU.

LET ME ASK THIS QUESTION BECAUSE THE WORD AGGRESSIVELY MOVING TO CORRECT THE PROBLEM, WHAT ARE THE TIME FRAMES FOR THESE ACTIONS? THESE ARE THE THINGS, THE FIRST TWO THAT CONTROL THE SYSTEMIC OR SOURCE OF THE PROBLEM, AND ITS OTHERS HELP MITIGATE THE SYMPTOMS OF THE PROBLEM. WHEN ARE THEY GOING TO BE IN PLACE?

BFI FOR THE ADDITIONAL GAS WELLS THAT THEY ARE PUTTING IN WENT TO TNRCC IN FEBRUARY AND GOT APPROVAL, THEY GOT IMMEDIATE APPROVAL TO INSTALL THE NEW GAS COLLECTION SYSTEMS. THEY ARE IN THE PROCESS OF INSTALLING THOSE AND SHOULD BE COMPLETED BY THE END OF THIS MONTH, I BELIEVE OR BEFORE THE END OF THIS MONTH. AND — BFI CAN TELL ME IF I'M WRONG ABOUT THE COMPLETION DATE, BUT THEY SHOULD BE COMPLETED BEFORE THE END OF THIS MONTH. WASTE MANAGEMENT WENT TO THE TNRCC AND THEY'RE IN THE PROCESS OF INSTALLING, THEY'RE INSTALLING ADDITIONAL GAS WELLS THAT BEGAN TO WORK YESTERDAY AND SHOULD BE COMPLETE — THEY SHE HAD THINK R. THEY SHOULD TAKE ABOUT 45 DAYS TO COMPLETE THEIR WORK.

AND THE MEASURES LIKE CRON WILL TRAR AFERT YEEB WILL DOEL TOOP' ON — CONTROLLING THE TRASH AND USING THE DIRT DAILY, WILL THOSE START IMMEDIATELY? A. THEY STARTED MARCH 11TH.

MAYOR GARCIA: ANY FURTHER COMMENTS OR QUESTIONS? THANK YOU VERY MUCH. THE NEXT ITEM ON THE AGENDA IS THE APPROVAL OF A BALLOT LANGUAGE AND NUMBER ODOR FOR THE CITIZEN INITIATED AUSTIN FAIR ELECTIONS ACT CHARTER AMENDMENT RELATING TO CAMPAIGN FINANCE FOR PLACEMENT ON THE MAY 4TH, 2002 BALLOT. CITY MANAGER?

ONCE AGAIN THIS WAS THE ITEM THAT WE SPENT PROBABLY A GREAT DEAL OF TIME ON TO MAKE SURE WE HAD THE LANGUAGE THE WAY EVERYONE WAS COMFORTABLE WITH. THEYANT YOU — WE WANTED YOU TO TAKE ONE MORE LOOK AT IT. JOHN IS HERE TO ANSWER QUESTIONS AND THEN TAKE A LAST VOTE BEFORE WE MOVE ON IT.

AS YOU MAY RECALL, THE PROPONENTS OF THIS WERE ALTOGETHER THRILLED WITH THE BALLOT THING, SO WE WANTED TO GIVE COUNCIL ONE MORE LOOK AT IT. AND IF INDEED THIS IS HOW YOU WOULD LIKE IT TO BE, THEN WE WOULD ASK FOR A VOTE TO READOPT IT AS IS AND THEN WE'LL PROCEED.

MAYOR GARCIA: SO THE PROPOSITION ONE, SHALL THE CITY CHARTER BE AMENDED TO CREATE A PUBLIC FINANCING SYSTEM FOR CAMPAIGNS OF CITY COUNCIL CANNED CATSS THROUGH CITY BLOCK GRANTS AND MACHINING FUNDS WHICH MAY EFFECT REVENUES, TO LIMIT CONTRIBUTIONS TO 200 PER DONOR; AND TO PROVIDE INDEPENDENT THOROUGH TO THE CITY ETHICS REVIEW COMMISSION, INCLUDING SUBPOENA POWER. IS THAT THE WAY THE WORDING IS GOING TO BE? AND THERE'S AN ORDINANCE THAT WAS PASSED 3-21. I GUESS CITY ATTORNEY, THIS IS BASICALLY TO MAKE SURE THAT —

JUST MAKE SURE THAT THE COUNCIL IS HAPPY WITH THIS WORDING. AND IF THE COUNCIL IS, THEN WE'LL JUST ASK FOR YOUR VOTE THAT YOU WANT THE ORDINANCE TO BE THIS WAY.

MAYOR GARCIA: QUESTIONS FOR MR. STEINER?

WYNN: MAYOR? I'LL JUST COMMENT THAT WE — WE STAYED UP LATE LAST NIGHT BECAUSE WE TOOK TIME AND EFFORT AND HAD GOOD ADVICE ON DIFFERENT ELEMENTS ON IT AND I THOUGHT THERE WAS POSITIVE FEEDBACK AND GIVE AND TAKE AT LEAST ON THE DIAS ABOUT THE LANGUAGE. AND IF YOU WOULD ENTERTAIN A MOTION, I'LL MOVE APPROVAL OF THIS BALLOT LANGUAGE.

SLUSHER: SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE WITH THE MAYOR PRO TEM ABSENT.

AND JUST ONE LAST THING I'LL ADD AS A NOTE TO THIS, THE NIGHT WE DID ALL THE WORK ON THIS ITEM, THERE WAS A REQUEST THAT WE HAVE COPIES OF THE CITIZEN INITIATIVE, THE FULL LANGUAGE AVAILABLE AT ALL OF THE POLLING SITES, AND WE'LL BE WORKING TO MAKE SURE THAT'S POSSIBLE.

MAYOR GARCIA: LAST ITEM ON THE AGENDA IS DISCUSS A DIVISION OF THE CITY INTO EIGHT COUNCIL DISTRICTS FOR THE ELECTION OF COUNCILMEMBERS IN THE EVENT THAT THE PROPOSED CHARTER AMENDMENT FOR A CITY COUNCIL MADE UP OF EIGHT COUNCILMEMBERS ELECTED FROM SINGLE-MEMBER DISTRICT, TWO COUNCILMEMBERS LEKTED FROM THE CITY AT LARGE AND A MAYOR ELECTED FROM THE CITY AT LARGE IS ADOPTED BY THE VOTERS. AND COUNCIL, YOU HAVE A YELLOW CODED SHEET THAT LOOKS LIKE THIS, REPORT TO COUNCIL, COMMENTS RECEIVED ON SINGLE-MEMBER DISTRICT MAPS. AND WE HAVE MR. STEINER HERE AND I GUESS MR. ROBINSON SOMEWHERE.

HE'S HERE. THIS IS THE MAP HERE AND HERE. AND THE ONLY DIFFERENCE BETWEEN THESE TWO MAPS IS THAT THIS ONE HAS AN OVERLAY OF NEIGHBORHOOD PLANNING AREAS AND THAT ONE DOESN'T, BUT THEY'RE THE SAME. THESE ARE THE MAPS THAT WE HAVE BEEN PRESENTING AT THE PUBLIC MEETINGS THAT WE'VE BEEN HOLDING. AND IT'S A LITTLE BIT DIFFERENT FROM THE MAP THAT WE SHOWED TO THE COUNCIL ON MARCH THE 21ST. AS YOU KNOW, WE HAD — THE PLANNING DEPARTMENT HAD DONE AN AMAZING JOB IN MY ESTIMATION OF PRODUCING A LARGE NUMBER OF MAPS FOR DIFFERENT MEMBER NUMBER SCENARIOS, FROM FOUR UP TO 14. AND WHEN COUNCIL DECIDED ON EIGHT AS THE NUMBER OF DISTRICTS, WE HAD TO TAKE THAT EIGHT-MEMBER MAP AND DO A LITTLE BIT OF FINE TUNING ON IT TO RATCHET SOME OF THE VARIANTS DOWN A BIT. THIS ONE THE MAPS THAT WE'RE WORKING FROM HAS REDUCED THE NUMBER OF SPLIT NEIGHBORHOOD PLANNING AREAS FROM 12 TO THREE. THE NEIGHBORHOODS OF BARTON HILLS, BOLTON AND TRAVIS HEIGHTS HAVE BEEN PUT TOGETHER. DISTRICT 6 HAVE BEEN MADE MORE COMPACT AS HAVE DISTRICTS 3 AND 5. AND THE TOTAL POPULATION VARIANCE HAS BEEN REDUCED FROM 10.7 DOWN TO 7.3. SO WE NEED TO KEEP THAT UNDER 10 PERCENT. SO WE NEEDED TO RATCHET DOWN THAT TOTAL POPULATION VARIANCE BETWEEN THE MOST POPULATED DISTRICT AND THE LEAST POPULATED. THE MOST POP LATED IS 82,070. AND SO WE NEED TO KEEP IT UNDER 82,000 PEOPLE, WHICH THIS MAP ACCOMPLISHES. THE AVERAGE POPULATION VARIANCE HAS BEEN REDUCED FROM 5.5% TO 1.9%. AND DEVIATIONS BETWEEN DISTRICTS WITH RESPECT TO VOTING AGE POPULATION HAVE ALSO BEEN SIGNIFICANTLY REDUCED. SO THIS MAP DOES A MUCH BETTER JOB NOW OF KEEPING ALL THE DISTRICTS THE SAME SIZE AND IT HAS INCREASED THE COMPACTNESS OF THE DISTRICT SOMEWHAT. SO THIS IS THE MAP THAT STAFF SUGGESTS THAT WE WORK FROM AND IT'S THE ONE THAT WE'VE BEEN USING AS THE WORKING MAP IN THE NEIGHBORHOOD MEETINGS THAT HAVE BEEN HELD SO FAR.

MAYOR GARCIA: I HAVE A QUESTION.

YES, SIR?

MAYOR GARCIA: I GUESS FOR MR. ROBINSON. IN THE TESTIMONY, MR. MARK BOWDEN TALKED ABOUT THAT AREA JUST EAST OF I-35, WHICH I GUESS IS THE MAP HE WILLWOOD AREA, DELLWOOD AREA, THAT THAT — I GUESS IN DISTRICT 7 AS OPPOSED TO DISTRICT 5 BECAUSE OF THE, I GUESS, SEPARATION OF THAT PART BY I-35 FROM WHAT IS WEST OF THERE.

YES, MAYOR, THAT'S CORRECT. AND THIS PARTICULAR NEIGHBORHOOD IS A GOOD EXAMPLE OF IF WE FOLLOW NEIGHBORHOOD PLANNING AREA BOUNDARIES, THAT LITTLE PIECE OF DELLWOOD WOULD STAY WITH GREATER UPPER BOGGY CREEK, BUT IT ALSO IS A SPLIT PRECINCT, SO THAT LITTLE POCKET OF HOMES JUST NORTH OF AIRPORT BOULEVARD IS WITHIN THE PRECINCT THAT ENCOMPASSES ALL OF MUELLER AND THE NEIGHBORHOODS NORTH. AND I THINK THIS IS ALSO AN EXAMPLE OF THIS IS AN AREA THAT WE COULD CHANGE WITHOUT A SIGNIFICANT IMPACT ON THE DEMOGRAPHIC PROFILE.

MAYOR GARCIA: AND I GUESS WEST OF I-35 WOULD BE KIND OF LIKE THE EDGE OF HYDE PARK NEIGHBORHOOD? THE EASTERN BOUNDARIES OF HYDE PARK IS WHAT'S —

[ INAUDIBLE ]

IN BETWEEN THOSE TWO NEIGHBORHOOD PLANNING AREAS IS A PLANNING AREA KNOWN AS HANCOCK.

MAYOR GARCIA: HANCOCK, OKAY.

ONE OVERLAY THAT WE HAVE JUST MADE WITH RESPECT TO THIS MAP IS AN OVERLAY OF THE COUNTY ELECTION PRECINCT. AND WE'RE VERY PLEASED TO SEE THAT WE HAVE VERY FEW SPLITS. ULTIMATELY THE COUNTY IS SUPPOSED TO CONFORM ITS ELECTION PRECINCTS TO A CITY'S WARDS. AND THESE ARE REFERRED TO — SINGLE-MEMBER DISTRICT DISTRICTS ARE REFERRED TO IN AS WARDS. BUT THEY ONLY DO THAT EVERY TWO YEARS. SO IN THE MEANTIME OUR HOPE IS TO HAVE AS FEW SPLITS AS POSSIBLE BECAUSE THEY'RE A PAIN TO ADMINISTER. SO WE MAY, NOW THAT WE'VE DONE AN OVERLAY OF THE COUNTY ELECTION PRECINCT, WE MAY WANT TO GO BACK AND SEE IF WE CAN REDUCE THE NUMBER OF SPLITS DOWN TO A BARE MINIMUM. WE'VE ONLY GOT HALF A DAZ DOZEN AS IT IS, AND WE CAN PROBABLY GET IT DOWN TO TWO OR THREE. SO WE MAY DO SOME FURTHER TWEAKING ON THE BOUNDARIES TO GET RID OF THOSE SPLIT ELECTION PRESINGS. BUT — PRECINCTS, BUT OF COURSE THIS MAP IS FOR DISCUSSION AND WE ARE AT COUNCIL'S DISPOSAL TO DO WITH IT AS YOU WILL.

MAYOR GARCIA: IS THE CRITERIA USED BY JUSTICE TOTAL POPULATION? AND WHEN THEY TALK ABOUT VARIATIONS OF 10% ON EITHER SIDE OF THE AVERAGE?

RIGHT. THIS IS ACTUALLY THE — NOT SO MUCH JUSTICE DEPARTMENT CONCERN AS EQUAL PROTECTION CONCERN UNDER THE ONE PERSON, ONE VOTE PRINCIPLE. AND THAT IS BASED ON TOTAL POPULATION.

MAYOR GARCIA: BECAUSE THE SCHEDULE THAT Y'ALL PREPARED, WHEN IT GOES TO VOTING AGE BREAKOUTS, 5 IS 16.9% ABOVE THAT AVERAGE AND 1 IS 11.4 BELOW.

AND THAT, SIR, IS DUE TO DEMOGRAPHIC DIFFERENCES IN THE DISTRICTS. FOR EXAMPLE, DISTRICT NUMBER 3 HAS A HIGH PERCENTAGE OF FAMILIES WITH YOUNG CHILDREN, WHEREAS DISTRICT 5 HAS U.T. IN IT AND IT HAS A HIGH CONCENTRATION OF SINGLE ADULTS. SO THE DIFFERENCES THERE ARE ARTIFACTS OF WHO LIVES IN THESE DISTRICTS. OBVIOUSLY IN A DISTRICT WITH A NUMBER OF LARGE FAMILIES YOU'RE GOING TO HAVE A HIGHER — MORE KIDS AND THEREFORE A DIFFERENCE IN THE VOTING AGE POPULATION. AND AN AREA THAT INCLUDES BOTH DOWNTOWN WHERE A LOT OF YOUNGER SINGLE ADULTS LIVE AND THE UNIVERSITY WHERE YOU HAVE DORMITORIES FULL OF VOTING AGE SINGLE ADULTS, YOU'RE GOING TO GET A SKEWING OF THE VOTING AGE POPULATION.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MR. ROBINSON, THE COMMENTS ABOUT THE UPPER BOGGY CREEK PIECE OF WARD 5 BEING EAST OF I-35, DID I HEAR YOU CORRECTLY THAT BY PLACING — AS AN EXAMPLE, BY PLACING UPPER BOGGY CREEK IN WARD NUMBER 1, IT DOESN'T SKEW THE — YOUR TRYING TO GET THE AFRICAN-AMERICAN PERCENTAGE THERE.

IT'S THAT LITTLE POCKET OF DELL WOOD, THOSE TWO OR THREE BLOCKS THAT ARE IN BETWEEN AIRPORT BOULEVARD AND THE OLD AIRPORT. WHICH IS KIND OF A COLORFUL NEIGHBORHOOD OVER THE YEARS FOR A VARIETY OF REASONS, BUT THAT PARTICULAR POCKET IS WHAT I MEANT. AND AGAIN, IT WOULD CAUSE US TO SPLIT THE NEIGHBORHOOD PLANNING AREAS, BUT WOULD BRING US IN LINE WITH THE 2002 PRECINCTS. BUT I MISSPOKE IF I SAID THAT WE COULD MOVE THE ENTIRE AREA, BECAUSE THE ENTIRE AREA WOULD NOT WORK.

WYNN: AND AGAIN FOR THE CITIZENS' INFORMATION, THE REASON WHY YOU WOULD HAVE, YOU KNOW, A CHUNK OF AREA EAST OF I-35 NOT IN WARD 1 WAS BECAUSE PERHAPS THE FIRST GOAL OF YOUR EXERCISE IS TO MAXIMIZE THE AFRICAN-AMERICAN VOTING STRENGTH OF WARD NUMBER 1. AND SO WHEREAS OTHERWISE SOME PARTS OF TOWN HAVE MORE OBVIOUS BOUNDARIES, LIKE 360 OR BEN WHITE OR OTHERS. I-35 SEEMS TO BE AN OBVIOUS ONE, BUT APPROPRIATELY SO I BELIEVE OUR FIRST GOAL IN THIS EXERCISE WAS TO MAKE SURE WE, YOU KNOW, HANDLED MINORITY VOTING STRENGTHS AS BEST WE CAN. SO I THINK IT'S GOING TO BE A VERY DEFENDABLE POSITION FOR US TO NOT HAVE — STO HAVE UPPER — TO HAVE UPPER BOGGY CREEK, EVEN THOUGH IT'S EAST OF I-35, HAVE IT IN ONE OF THE DISTRICTS THAT WILL BE WEST OF I-35.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER.

SLUSHER: YEAH, I THINK Y'ALL HAVE DONE A GOOD JOB, ESPECIALLY ON THE NUMBERS PULLED TOGETHER. I'M A LITTLE CONCERNED, THOUGH, IN THE SOUTH, AND I MENTIONED THIS I THINK AT THE PREVIOUS MEETING BEFORE WE STARTED THIS PROCESS, THE SOUTH CENTRAL BEING —E SOUTH CENTRAL BEING WITH THE NORTH OF THE RIVER. I WOULD LIKE TO SEE WHAT WE COULD DO WITH A MAP WHERE THE SOUTH AUSTIN PRECINCTS ARE NOW IN DISTRICT 5, COME OUT IN THEIR OWN DISTRICT AND MAYBE TAKE A PART OF 2 — YOU HAVE 2 AND PERHAPS A PART OF 3 AND 4 AND SEE WHAT WE CAN GET OUT OF THAT AND STILL KEEP THE HIGH HISPANIC AVERAGE IN 3. IF YOU WOULD LIKE, I'LL SKETCH OUT WHAT I'M TALKING ABOUT AND Y'ALL CAN RUN THE NUMBERS ON IT.

IF I MAY, THAT IS WHERE WE PROBABLY HAVE BEEN MOST CHALLENGED, IN THAT PART OF TOWN TO TRY TO BALANCE THE PHILOSOPHY OF MAXIMIZING MINORITY DISTRICTS AND TRYING TO KEEP COMMUNITIES OF INTEREST TOGETHER. THERE'S ALSO SOMETHING AT WORK THAT I CALL THE COLORADO RIVER EFFECT. BASICALLY THERE ARE MORE AUSTINITES NORTH OF THE RIVER THAN THERE ARE SOUTH OF THE RIVER, AND WE'RE SORT OF IN A SITUATION WHERE YOU COULD CREATE THREE LARGE DISTRICTS IN SOUTH AUSTIN AND PUT ALL OF SOUTH AUSTIN BACK TOGETHER, BUT YOU WOULD SACRIFICE THE TWO MAJORITY LATINO DISTRICTS IN DOING THAT. WE HAD COME UP WITH AN INTERIM SCENARIO THAT KEPT THE RIVER AS A BOUNDARY BETWEEN 5 AND WHAT WAS DISTRICT 4. WHAT THAT THEN LEADS US TO DO — AND AGAIN, I CAN SHARE THIS IN GREATER DETAIL IF YOU WANT TO LOOK AT IT — WE HAD TO CREATE WHAT CAME TO BE KNOWN AS THE PAN SUBURBAN DISTRICT THAT STRETCHED ALL THE WAY FROM CIRCLE C ACROSS THE RIVER, PICKING UP THE SUBDIVISIONS ON EITHER SIDE OF 2222 AND INCLUDING WILLIAMSON COUNTY. SO — BECAUSE OF THE CONSTRAINTS OF DISTRICT BALANCE, WE REALLY HAVE BEEN CHALLENGED DOWN THERE. AND I THINK THAT THIS MAP IS CERTAINLY A GIANT STEP TOWARD A BETTER PROP. I THINK WE'LL BE HAPPY TO TAKE ANOTHER HARD LOOK AT THAT.

SLUSHER: ONE THING THAT CONCERNS ME ABOUT THAT IS WE'VE GOT THE ORIGINAL AREA IN THE CITY AND THE ORIGINAL AREA OF SOUTH AUSTIN ALL LUMPED INTO ONE DISTRICT. AND IT SEEMS TO ME THAT WE SHOULD TRY TO MAKE THAT TWO, IF POSSIBLE. BUT ANYWAY, I'LL — LET ME SKETCH SOMETHING OUT AND I'LL GIVE IT TO YOU AND LET YOU RUN THE NUMBERS. YOU MAY HAVE ALREADY DONE THAT. I UNDERSTAND EXACTLY THE CHALLENGES THAT YOU'RE FACE THRG AND I'M STRUGGLING WITH THE SAME THING MYSELF.

THANK YOU.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: YEAH. COULD YOU EXPLAIN A LITTLE BIT MORE ABOUT THE UPPER BOGGY CREEK? AND IF YOU WOULD GIVE THAT TO WARREN CUMMINGS — THE CENTERS ARE 3.7 AFRICAN-AMERICAN — HOW MUCH OF THAT WOULD ENHANCE 5 SOME WOULD IT BE — ENHANCE 5? WOULD IT BE ALL OF THE 3.7?

COUNCILMEMBER, OFF THE TOP OF MY HEAD, I THINK THAT THERE ARE A TOTAL OF 3100 FOLKS WITHIN UPPER BOGGY CREEK. IF WE MOVED THAT INTO DISTRICT 1 — AND WE CAN RUN THIS AND IT WON'T TAKE LONG GIVEN ACCESS TO THE DATA — I THINK THAT WE WOULD SEE THE AFRICAN-AMERICAN SHARE OF DISTRICT 1 DROP BELOW 35%, MAYBE SOMEWHERE IN THE BALLPARK OF 33 OR 34%. BUT WE CAN RUN THAT AND HAVE THAT TO YOU. AND AT THIS POINT THIS IS WHERE WE CAN BEGIN TO CHANGE THE MAP, BUT WELCOME AWAY FROM THAT MAXIMIZED SHARE.

THOMAS: JUST RUN THE NUMBERS FOR ME, PLEASE. THANK YOU, SIR.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS?

ALVAREZ: QUESTION, MAYOR. UNDER THIS NEW SCENARIO, IT'S DIFFERENT THAN THE WE WE WERE TALKING ABOUT WHEN WE TOOK THE VOTE ON THE 8-2-1 SYSTEM, THEN THERE WERE TWO MAJORITY HISPANIC DISTRICTS AND AN IMPACT DISTRICT, WHICH IN THIS CASE BECOMES DISTRICT 8. IT MAY HAVE BEEN DISTRICT 8 LAST TIME. BUT WHAT IS THE COMPARISON THERE? IT LOOKS PRETTY SIMILAR LOOKING AT THE NUMBERS JUST OFF THE TOP OF MY HEAD.

YES, SIR. THERE WAS NO DIMINUTION IN THE OVERALL STRENGTH OF THOSE LATINO DISTRICTS, MAYBE BY HALF A POINT. BUT DEMOGRAPHICALLY WE'VE BEEN ABLE TO KEEP THAT SAME FOUR SET OF MINORITY DISTRICTS, SO THAT PART OF THE PROFILE IS VERY SIMILAR TO THE OTHER MAP.

ALVAREZ: AND I GUESS I'LL JUST GO BACK AND REACQUAINT MYSELF.

BUT IF THAT DOESN'T ANSWER THE QUESTION, PLEASE TELL ME. I'VE GOT A CHART THAT —

ALVAREZ: BECAUSE IT DOES SEEM THAT DISTRICT 5 — OR MAYBE DISTRICT OF CERTAINLY CHANGED A LITTLE BIT, WHICH I THINK THEN IT STARTED THAT DISTRICT 7 CHANGED, WHICH I HAD SEEN IT CHANGES 8, AND THAT'S WHY I WAS WONDERING IT CHANGED THE NUMBERS MUCH AT ALL. I REMEMBER NUMBER OF WASN'T QUITE CONFIGURED THE SAME WAY IT IS THERE.

WE WERE ABLE TO MAKE THE CHANGES DIRECTED TO US BY COUNCIL. AND FOR THE MOST PART KEEP THE STRENGTH OF THE MINORITY DISTRICTS SIMILAR.

A COUPLE OF POINTS?

ALVAREZ: THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS?

WYNN: MAYOR? JUST A COMMENT THAT I ATTENDED ONE OF THE PUBLIC HEARINGS OR PRESENTATIONS MONDAY NIGHT AND ANOTHER ONE AGAIN LAST NIGHT. AND I WILL SAY THEY'VE BEEN LIGHTLY ATTENDED. YOU KNOW, HOPEFULLY AS MORE INFORMATION GETS OUT THERE, THERE WILL BE MORE ATTENDANCE, BUT ALSO LISTENING TO THE FOLKS WHO HAVE ATTENDED, IT SEEMS TO ME IT'S STARTING TO SHAPE UP WHERE THE PROBLEM IS YOU'RE EITHER FOR A SINGLE-MEMBER DISTRICT OR A MIXED SYSTEM OR YOU'RE FOR JUST A STRAIGHT AT LARGE SYSTEM. AND THERE'S MORE OF SORT OF A PHILOSOPHICAL DEBATE THAN NECESSARILY A MAP DRAWING DEBATE. SO, YOU KNOW, I DO ENCOURAGE THE CITIZENS TO GIVE US AS MANY COMMENTS AS WE CAN. WE HAVE A NUMBER ELECTRONICALLY OVER THE LAST FEW DAYS AND WE ENCOURAGE FOLKS TO GIVE US WHATEVER COMMENTS THEY HAVE ABOUT THE MAP, ABOUT THE CONCEPT OF WHETHER OR NOT THEYAVE THE MAP PRIOR TO EARLY VOTING. AND JUST HEAR FOLKS' COMMENTS EITHER WAY ON IT.

MAYOR GARCIA: AND I THINK SOME OF THE COMMENTS THAT ARE IN THE DOCUMENT ADDRESS THAT. SOME OF THEM SAY WE OUGHT TO HAVE SINGLE DISTRICTS AND SOME SAY I'M HAPPY WITH THE CURRENT SITUATION AND WITH A FREE COUNCIL. LET'S MOVE FORWARD WITH THAT. FURTHER QUESTIONS OR COMMENTS?

THOMAS: JUST A COMMENT TO COMMEND STAFF FOR WHAT THEY'RE DOING AND KEEP UP THE GOOD WORK, AT LEAST THE CITIZENS HAVE AN OPPORTUNITY. ALL WE CAN DO IS PUT IN INPUT. THANK YOU.

MAYOR GARCIA: THERE'S SOME CONCERN THAT WE'RE MOVING TOO FAST, BUT I DON'T THINK THAT'S A BIG CONCERN. I THINK COUNCILMEMBER THOMAS IS EXACTLY RIGHT. YOU GUYS HAVE DONE A GREAT JOB OF PUTTING THAT INFORMATION OUT THERE FOR THE PEOPLE TO LOOK AT. AND THEY CAN DECIDE. THE CHARTER OF THE CITY IS THE CITIZENS' DOCUMENT. CITY MANAGER? [ONE MOMENT, PLEASE, WHILE CAPTIONERSATZENO CARRIERRINGCONNECT 1200

THIS IS WEDNESDAY APRIL THE 3RD.

FUTRELL: YES, JOHN, IT IS WEDNESDAY APRIL THE 3RD.

WE ARE GOING TO BE PLAYING SATURDAY AND SUNDAY —

ALL DAYS SEEM TO BE THE SAME TO ME LATELY. TONIGHT WILL BE AT BIEW WOE HIGH SCHOOL — BOWIE HIGH SCHOOL, SLAUGHTER LANE, FROM 7:00 TO 8:30.

MAYOR GARCIA: WHAT WE COULD SAY TO THE BOWIE PEOPLE IS I DON'T THINK THERE'S ANYBODY IN THAT AREA THAT SERVES ON THE CURRENT COUNCIL, SO THEY SHOULD BE LOOKING AT SINGLE-MEMBER DISTRICTS, SEEING HOW THEY FEEL ABOUT IT.

STEINER: TOMORROW, OF COURSE, A PUBLIC HEARING AT THE CITY COUNCIL MEETING, WHICH WOULD — WHICH WILL BE HELD AT LCRA. ON MONDAY, APRIL 8TH, WE WILL HAVE A MEETING AT CROCKETT HIGH SCHOOL CAFETERIA, 5601 MANCHACA ROAD FROM 7:00 TO 8:30 P.M.

ALVAREZ: IS THAT DISTRICT 3, COULD YOU ANNOUNCE WHICH DISTRICT.

STEINER: THAT WOULD BE WHAT'S PROPOSED ON THIS MAP AS DISTRICT 3. THE ONE TONIGHT WILL BE IN WHAT WOULD BE PROPOSED DISTRICT 4. THEN ALSO ON MONDAY, APRIL 8TH, WE WILL HAVE ONE AT MONTOPOLIS RECREATION CENTER SENIOR ROOM, 1200 MONTOPOLIS, FROM 7:30 TO 9:00. AND THAT ONE WILL BE —

MAYOR GARCIA: DISTRICT 2.

STEINER: IF THERE'S — OKAY. ON — WILL THAT BE AT WALLER CREEK CENTER?

MAYOR GARCIA: PROPOSED DISTRICT 2.

STEINER:

STEINER: ON MONDAY MORNING, WE WILL HAVE A STAKEHOLDERS MEETING AT WALLER CREEK CENTER, ROOM 105 AT 11:00 FOR ANY INTERESTED COMMUNITY GROUPS WHO WANT TO COME AND GIVE US FEEDBACK. SO THAT'S THREE OPPORTUNITIES ON MONDAY. ONE IN THE MORNING AND TWO IN THE EVENING. TUESDAY, APRIL 9TH, WE WILL HAVE A MEETING AT LANIER HIGH SCHOOL CAFETERIA, 1201 PEYTON GIN ROAD FROM 7:30 TO 9:00 P.M. THAT WOULD BE IN DISTRICT 8. THEN ALSO ON TUESDAY, AT THE MILLENNIUM YOUTH ENTERTAINMENT COMPLEX THEATER, 1156 HARGRAVE STREET FROM 6:30 TO 8:00, THAT WOULD BE IN PROPOSED DISTRICT 1. THEN AGAIN, YOU WILL BE HEARING IT ON — HEARING ABOUT THIS AT THE WEDNESDAY, APRIL 10TH WORK SESSION. AND ALSO AT THE THURSDAY, APRIL 11TH COUNCIL MEETING. THE — SO FAR, WE HAVE ALREADY DONE A MEETING AT THE THOMPSON CONFERENCE CENTER, AT U.T. AND — IN DISTRICT 5 AND MURCHISON MIDDLE SCHOOL CAFETERIA IN DISTRICT 6. LAST NIGHT WE HAD A MEETING IN DISTRICT 7 AT THE SPICEWOOD SPRINGS BRANCH LIBRARY. SO THAT'S WHAT WE HAVE DONE SO FAR. WHAT WE HAVE GOT ON THE AGENDA TO DO. WITH RESPECT TO PUBLIC MEETINGS. PEOPLE ALSO CAN — CAN GIVE US THEIR COMMENTS BY E-MAIL. WE HAVE A PHONE LINE OPEN, WHICH CAN RECORD PEOPLE'S COMMENTS, IT WILL BE TRANSCRIBED AND GIVEN TO THE COUNCIL. ALL OF THESE THINGS ARE AVAILABLE IN ENGLISH AND SPANISH AND SO — SO THERE ARE LOTS OF WAYS THAT PEOPLE CAN — CAN GET COMMENTS INTO THE CITY. THE MAPS ARE ALSO ON THE — AVAILABLE ON THE — ON THE MAP. AND THE SCHEDULE OF ALL OF THESE MEETINGS ARE ALSO AVAILABLE ON THE CITY'S WEBSITE, BOTH IN ENGLISH AND IN SPANISH.

FUTRELL: THE E-MAIL ADDRESS TO GIVE COMMENTS IS THROUGH THE CITY WEBSITE, HAS A LINK ON THE CITY WEBSITE, I BELIEVE.

STEINER: IT DOES.

FUTRELL: DO WE HAVE THE PHONE NUMBER, DOES ANYBODY HAVE THE PHONE NUMBER TO CALL, 974-9303. I'M DOING THIS — LIKE A COURT REPORTER. SO WE ARE TALKING ABOUT OUR E-MAIL ADDRESS BEING PIO.CITYPIO — THAT MOVED A LITTLE TOO FAST. @CI.TX.US.

TELL YOU WHAT, ROSY, STEP UP, GIVE THE WHOLE E-MAIL ADDRESS ALL IN ONE PIECE.

OKAY. THE E-MAIL IT'S IS PIO.CITYPIO@CI.AUSTIN.TX.US. AND THE PHONE NUMBER IS 974, 93003.

ONE OF THE ISSUES THAT CAME UP IN SINGLE-MEMBER DISTRICTS IS A FEAR THAT THE — THAT THE PARTICULAR DISTRICT REPRESENTATION WILL BE INTERESTED ONLY IN THAT — IN THAT PARTICULAR DISTRICT AND NOT IN THE REST OF THE CITY. WHAT I'M THINKING THAT HAPPENED SPECIALLY WITH THE NEW MAP, WHERE IT'S A LITTLE MORE PRECISE AS TO INCLUDING I THINK SOME AREAS THAT FEEL LIKE THEY ARE TOGETHER, WOULD BE DISCOMBUBERATED, FOR LACK OF A SEPARATE WORD, MAY GENERATE AN ENTIRELY NEW WAY FOR POLITICAL OR COMMUNITY ISSUES TO BE DISCUSSED SINCE IT IS SO — SO BLOCKY AS OPPOSED TO LINEAR OR LATERAL. SORT OF LIKE THE CENTRAL CORRIDOR WHICH IS GOING TO GO ACROSS SEVERAL DIFFERENT DISTRICTS. AND THOSE ISSUES ISSUES WOULD BE THE SAME EVEN THOUGH THEY ARE NOT IN THE SAME DISTRICTS. I'M STARTING TO SEE THE PRACTICAL APPLICATIONS OF THIS RELATIVE TO CITY POLITICS AND COMMUNITY. ACTUALLY IT'S NOT LOOKING AS BAD AS I THOUGHT IT WOULD. I THINK THINGS ARE GOING TO BE INVENTED.

MAYOR GARCIA: THERE'S BEEN A QUESTION IN REGARDS TO — TO PEOPLE THAT DON'T SPEAK ENGLISH AND THEIR ACCESS TO THE INTERNET OR E-MAIL AND — FOR ANYBODY WHO IS OUT THERE LISTENING, I'M GOING TO SPEAK A FEW WORDS IN SPANISH TO GIVE YOU THE CONSTRUCTIONS AND COUNCILMEMBER ALVAREZ, IF I — IF I DON'T SAY IT RIGHT, PLEASE CORRECT ME. [ LAUGHTER ]. [SPEAKING IN SPANISH]

MAYOR GARCIA: ANY ORE COMMENTS, COUNCILMEMBER, DID I MEET THE LITMUS TEST ON THAT ONE. SO-SO.

ALVAREZ: I DON'T KNOW HOW TO SAY AT MYSELF EITHER, I DON'T KNOW HOW — I DON'T KNOW HOW TO SAY THAT LITTLE SYMBOL IN SPANISH. @. THE ELECTRONIC E-MAIL.

MAYOR GARCIA: IN SPANISH? [SPEAKING IN SPANISH]

MAYOR GARCIA: OKAY. ANYTHING ELSE TO COME BEFORE THIS COUNCIL? I WILL ENTERTAIN A MOTION TO ADJOURN.

SO MOVE, MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY ME, ALL THOSE IF FAVOR SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: I MAY ALSO ANNOUNCE ON THE 11TH OF APRIL WE WILL BE MEETING AT CONLEY-GUERRERO, THAT'S WHEN WE WILL BE ACTING ON THE ACTION ITEMS.

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