Closed Caption Log, Council Meeting
Thursday, May 23, 2002

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: GOOD AFTERNOON EVERYBODY. I'LL ISSUE CALL TO ALL COUNCILMEMBERS, CALL TO ALL COUNCILMEMBERS. WE NEED ONE MORE SO WE CAN START THE MEETING. RIGHT RIGHT THERE.

AT THIS TIME IT'S 1:38 AND I'M CALLING THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL, THURSDAY, MAY THE 23rd, BACK IN SESSION. WE IN EXECUTIVE SESSION DISCUSSED UNDER PRIVATE CONSULTATION WITH OUR ATTORNEY UNDER SECTION 551.071, ITEM NUMBER 2, WHICH IS THE DISCUSS LEGAL ISSUES RELATED TO CHAPTER 5-7, MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISE PROCUREMENT ORDINANCE. AND ITEM NUMBER 5, RECEIVE LEGAL ADVICE REGARDING THE CREATION OF A HOSPITAL DISTRICT. WE RECEIVED LEGAL VICE, BUT NO DECISIONS WERE MADE. WE RECESSED THAT MEETING IN EXECUTIVE SESSION WE'LL BE GOING — AND WE'LL BE GOING BACK TO RECEIVE ADVICE AND RECEIVE INFORMATION ON THREE ITEMS UNDER PRIVATE CONSULTATION WITH THE ATTORNEY AND ONE ITEM UNDER SECTION 551.072, WHICH IS REAL PROPERTY. SO AT THIS TIME, IT BEING 1:40, THE SESSION BEING CALLED BACK TO ORDER, I'M GOING TO BRING UP THE CITIZENS COMMUNICATION-GENERAL. WE HAVE 10 SPEAKERS, AND THE FIRST ONE IS MR. JIMMY CASTRO. AND FOLLOWING HIM IS ROBERT L. THOMAS. MR. CASTRO, WELCOME.

MR. AFTERNOON, MAYOR GARCIA, COUNCILMEMBERS AND MS. FUTRELL. I DO HAVE SOME SLIDES TO SHOW YOU THIS AFTERNOON. I'M HERE TO SPEAK ON MY OWN BEHALF. I'VE ALSO BEEN A FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION IN NORTH AUSTIN. I'D LIKE TO REMIND EVERYONE OF THIS YEAR'S CHILDREN'S MIRACLE NETWORK TELETHON TO BENEFIT CHILDREN'S HOSPITAL OF AUSTIN. ALL MONEY RAISED FROM THE TEXAS AREA DURING THE TELETHON —

MAYOR GARCIA: CAN I INTERRUPT YOU FOR A SECOND? PUT THE LIGHTS BACK ON, PLEASE. WE'LL GIVE YOU BACK YOUR THREE MINUTES, BUT I NEED TO MAKE AN ANNOUNCEMENT. WE HAVE PEOPLE, INCLUDING CITY OF AUSTIN PEOPLE, PARKING BEHIND THIS BUILDING, WHICH IS RENTED BY THE OWNERS ACROSS THE STREET. SO I'M HERE TO MAKE AN ANNOUNCEMENT THAT THEY WILL BE TOWED IF THEY'RE PARKED THERE. I GUESS THAT'S ON THIS SIDE, THE NORTH SIDE OF THIS BUILDING. SO IF YOU'RE PARKED THERE, YOU NEED TO GET YOUR CAR OUT OF THERE OR IT'S GOING TO BE TOWED. AND YOU CAN PARK IN THE PARKING LOT THAT'S DOWN LAKE AUSTIN BOULEVARD. OKAY. GIVE MR. CASTRO HIS THREE MINUTES AND WE'LL START IS ALL OVER AGAIN. THANK YOU VERY MUCH.

GOOD AFTERNOON, MAYOR GARCIA, COUNCILMEMBERS AND MS. FUTURE FUTRELL. I DO HAVE SOME SLIDES TO SHOW YOU THIS AFTERNOON. I'M HERE TO SPEAK ON MY OWN BEHALF AND I'VE ALSO SERVED AS A FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION IN NORTH AUSTIN. I'D LIKE TO REMIND EVERYONE OF THIS YEAR'S CHILDREN'S MIRACLE NETWORK THEY WILL THON ON JUNE FIRST AND SECOND. ALL MONEY RAISED FROM THE CENTRAL TEXAS AREA DURING THE THEY WILLLY THON WILL BE EARMARKED WITH THE CHILDREN'S HOSPITAL OF AUSTIN. NEXT THE HOSPITAL AND A TEAM OF DEDICATED PROFESSIONALS WHO PROVIDE MEDICAL CARE FOR A 46-COUNTY REGION. THE GRADUATE MEDICAL EDUCATION PROGRAM OFFERS TRAINING FOR THE FINEST MEDICAL SCHOOL GRADUATES. THE MEDICAL STUDENTS AND RESIDENTS PLAY AN IMPORTANT ROLE IN CARING FOR CHILDREN. THE EMERGENCY DEPARTMENT IS ESPECIALLY SKILLED IN PROVIDING THE SPECIAL CARE THAT CHILDREN NEED. THE CHILDREN'S ER PROVIDES COMPREHENSIVE MEDICAL CARE. THE PEDIATRIC INTENSIVE CARE UNIT IS STAFFED 24 HOURS A DAY BY A SPECIALLY TRAINED TEAM OF DOCTORS, NURSES AND RESPIRATORY THERAPISTS. THE CHILDHOOD CANCER AND BLOOD DISORDER CLINIC, INCLUDING THE PARK, IS STAFFED BY ONCOLOGISTS AND HEMATOLOGISTS WITH YEARS OF TRAINING AND EXPERIENCE. THE CHILDREN'S HOSPITAL FOUNDATION OF AUSTIN RAISES FUNDS TO SUPPORT THE CHILDREN'S HOSPITAL OF AUSTIN. THE NEONATAL INTENSIVE CARE UNIT PROVIDES THE MOST COMPREHENSIVE CARE IN THE STATE FOR NEWBORNS AND INFANTS WITH MEDICAL OR SURGICAL PROBLEMS. THE DELL CHILDREN'S IMAGING CENTER CREATES SPACE FOR ON-SITE RADIOLOGY AND ULTRASOUND CAPABILITIES. THE EXPANDED CHILDREN'S SURGERY CENTER IS THE ONLY ONE IN CENTRAL TEXAS DEDICATED EXCLUSIVELY TO CHILDREN. THE SPECIALTY CARE CENTER HOSTS OVER 16 PROGRAMS IN DIFFERENT AREAS OF SPECIALIZED MEDICAL CARE FOR CHILDREN. THE CHILDREN'S REGIONAL HEART PROGRAM HAS A LONG AND DISTINGUISHED HISTORY OF SERVICE TO PATIENTS FROM THROUGHOUT THE STATE AND THE WORLD. FINALLY, WHAT REALLY MAKES CHILDREN'S HOSPITAL OF AUSTIN DIFFERENT IS PEOPLE. PEOPLE WHO WANT TO BE CHALLENGED AND TO GROW PROFESSIONALLY. PEOPLE WHO BELIEVE IN AND FOSTER TEAMWORK. PEOPLE WHO CAN LEAVE WORK EACH DAY KNOWING THEY HAVE MADE A DIFFERENCE IN THE LIFE OF A CHILD. THIS IS WHAT MAKES CHILDREN'S HOSPITAL OF AUSTIN DISTINCTIVE. THIS IS WHAT MAKES CHILDREN'S HOSPITAL OF AUSTIN A CLASSIC. THANK YOU, MAYOR AND COUNCILMEMBERS.

MAYOR GARCIA: THANK YOU, MR. CASTRO. MR. ROBERT L. THOMAS. AND FOLLOWING MR. THOMAS, MS. SUSANA ALMANZA. WELCOME, SIR.

THANK YOU, MAYOR GARCIA AND MAYOR PRO TEM GOODMAN AND HONORABLE MEMBERS OF THE COUNCIL. I'M HONORED TO SPEAK WITH YOU TODAY CONSIDERING THE BUILDING PROJECT OVER AT THE REZ WOOD RECREATION CENTER. I'VE BEEN — [ INAUDIBLE ] AND THE CENTRAL TEXAS LEGAL COUNSEL. AND I'M ALSO ON THIS ISSUE CALLED LEGAL — I'D LIKE TO SPEAK TO THIS YEARS AS A PROFESSIONAL ATHLETE IN THE FOOTBALL LEAGUE. TODAY MY DISCUSSION RE INVOLVES AROUND THE REVITALIZATION OF THE ROSEWOOD MARK PARK AND RECREATION CENTER WITH EMPHASIS OF 20 YEARS OF DEVELOPMENT AND PROJECTS AND FOR THE GROWTH OF IT. AND I'M BRINGING SPECIAL EMPHASIS ON THE RENOVATION PROJECT FOR THE OFFICE SPACE THAT HAPPENED IN 1987. AND THE ORGANIZATION OF OUR CONSTRUCTION CONTRACT — [ INAUDIBLE ] FOR THE MILLENIUM YOUTH ENTERTAINMENT CENTER AND THE EAST SIDE FOOTBALL FIELDS. LAST YEAR I WAS ADVISED BY MY BROTHER, DANNY THOMAS, COUNCILMEMBER, TO SPEAK TO THE BUSINESS LEADERS OF AUSTIN, SMALL AND MINORITY BUSINESS RESOURCES CONCERNING THE CONSTRUCTION FEES THAT WE NEEDED FOR THE BUILDING AND THE NEW ADMINISTRATIVE OFFICE BUILDING AT THE PARK. THEY IN TURN REFERRED ME TO — EAST SIDE STORY AND IMMEDIATELY I GOT THE ENDORSEMENT. THE OFFICE IS LOCATED ON CHESTNUT, AND WHAT I'M SPEAKING TO YOU ABOUT IS THE NEW OFFICE THAT SHOULD BE BUILT THERE. NOW, I HAVE BEEN TALKED TO MY FIRM ABOUT POTENTIAL BIDDING AND INTEREST OF THE PROJECT PROJECT. I'VE TALKED TO ONE MAN AND HE SAID HE WANTED TO BRING HIS EXPERIENCE TO THE PROJECT. NOW, I'D LIKE MS. FUTRELL TO ARRANGE FOR A MEETING WITH ME OR THE ASSISTANT CITY MANAGER WHO PRESIDES OVER THE PARKS OVER THIS URGENT MATTER. I'VE SCHEDULED ANOTHER MEETING AND WE'LL SPEAK ABOUT ACQUISITION OF PROGRAMS FOR CHILDREN AT THE ROSEWOOD PARK CENTER.

MAYOR GARCIA: THANK YOU, MR. THOMAS. MS. SUSANA ALMANZA. AND FOLLOWING HER IS MR. JOSE QUINTERO. WELCOME.

GOOD EVENING MAYOR AND CITY COUNCILMEMBERS. I'M SUSANA ALMANZA WITH PODER AND I WOULD LIKE TO THANK SEVERAL PEOPLE FROM THE AUSTIN AMERICAN STATE MAN FOR BRINGING THE ISSUE TO THE FOREFRONT ON GENTRIFICATION AND DISPLACEMENT AND THE CONNECTION WITH THE HISTORICAL ZONING. I ALSO TOO WOULD THANK TO THANK COUNCILMEMBER GRIFFITH FOR ALL THE WORK SHE'S DONE TO HELP US PRESERVE EAST AUSTIN IN PASSING THOSE BOND ISSUES ALONG WITH OTHER COUNCILMEMBERS. AND NOW GETTING BACK TO THE ISSUE AT HAND, TWO WEEKS AGO WE GAVE YOU A PRESENTATION IN THE CONNECTION OF HOW HISTORIC ZONING IS RAISING PROPERTY TAXES TO THE MAXIMUM IN EAST AUSTIN AND HOW THAT IS CAUSING A DISPLACEMENT AND GENTRIFICATION IN OUR NEIGHBORHOOD. AS A MATTER OF FACT, THE COMMUNITY SEES US AS THE NEXT CLARKSVILLE, SO WE KNOW WHAT'S HAPPENED THERE. WE WENT BEFORE THE HISTORIC COMMISSION ON MONDAY ASKING HEM TO WORK ON A MORATORIUM OF ANY FURTHER HISTORICAL ZONING IN EAST AUSTIN UNTIL POLICIES ARE PUT IN PLACE TO PROTECT EAST AUSTINITES. TUESDAY WE WENT BEFORE THE PLANNING COMMISSION AND THEY HAVE THEY HAVE AGREED TO PUT IT TO A SUBCOMMITTEE TO START LOOKING AT HISTORIC ZONING AND WHAT IT IS DOING TO DISPLACE THE PEOPLE IN EAST AUSTIN. SO I COME BEFORE YOU FOR YOU TO START WORKING ON A RESOLUTION, A 90-DAY MORATORIUM IN ORDER TO FREE ALL THE — ANY FURTHER ZONING OF HISTORICAL SITES IN EAST AUSTIN UNTIL POLICIES ARE PUT IN PLACE TO PROTECT EAST AUSTIN FROM FURTHER GENTRIFICATION AND DISPLACEMENT. SO I HOPE THAT THE COUNCILMEMBERS WILL DO THAT AND YOU CAN REACH US AT 472-2991 IN HELPING DRAFT THAT RESOLUTION FOR A MORATORIUM. WE'VE DONE THAT BEFORE ON THE LAND USE WHEN THERE WAS SO MUCH INDUSTRIAL ZONING IN EAST AUSTIN. SO WE THINK IT WAS A GOOD IDEA. WE ALSO TALKED TO BARBARA STOCKTON AND SHE SEEMS TO BE DOING SOME INVESTIGATION OF HOW SOME OF THE OTHER CITIES HAVE DONE TO KEEP THE DISPLACEMENT OF OTHER RESIDENTS AND OWNERS IN LOW INCOME COMMUNITIES FROM BEING DISPLACED. SO I THINK THIS IS A REAL GOOD SUGGESTION IN THE WAY THAT WE NEED TO MOVE FORWARD IN THE PRESERVATION OF OUR NEIGHBORHOODS, ESPECIALLY AS WE'RE LOOKING AT NEIGHBORHOOD PLANNING AND PRESENTATION. THOSE THINGS THAT COME TO LIGHT, BECAUSE A LOT OF THE NEIGHBORHOOD PLANS ARE NO LONGER COMMUNITY LED, BUT CITY LED. THAT'S A BIG ISSUE IN OUR COMMUNITY. SOME PEOPLE HAVE LEADERSHIP TEAMS AND THEY CONTINUE TO BE ACKNOWLEDGED, WHILE THE NEW NEIGHBORHOOD PLANS WILL HAVE NO LEADERSHIP TEAMS AND WILL PROBABLY NOT BE ACKNOWLEDGED ONLY BY THE NEIGHBORHOOD RESIDENTS THEMSELVES. FORTUNATELY PODER HAS WORKED WITH REALLY NUMEROUS NEIGHBORHOOD ASSOCIATIONS, SO IT DOESN'T MATTER WHETHER WE'RE THE NEIGHBORHOOD TEAM OR NOT, WE KNOW WE ARE. AND WE'LL BE HERE MONITORING ANYTHING THAT HAPPENS IN OUR COMMUNITY. PEOPLE HAVE DIRECT LINES TO US. SO AGAIN, I ASK YOU TO LOOK AT A MORATORIUM ON TOARL ZONING. THANK YOU. — HISTORICAL ZONING.

MAYOR GARCIA: THE CITY MANAGER HAS A QUICK COMMENT.

FUTRELL: SUSANA, A WEEK OR SO AGO YOU HAD ASKED US TO LOOK AT A PAVEMENT CONDITION ON CESAR CHAVEZ AND I HAVE AN ANALYSIS OF THAT I'M GOING TO HAND YOU. BUT ONE OF THE GOOD NEWS STORIES — I THOUGHT WE'D SHARE THE GOOD NEWS. FROM I-35 TO PLEASANT VALLEY WAS CLEARLY THE WORST CONDITION OF THE PAVEMENT ON THAT ROAD, WITH PARTICULAR POOR CONDITIONS FROM CHICON STREET TO CLARA STREET. THE GOOD NEWS IS THAT ENTIRE SECTION, ALMOST SIX MILES, LANE MILES, HAS A TWO-MILLION-DOLLAR COMPLETE RECONSTRUCTION PROJECT UNDERWAY. PRELIMINARY ENGINEERING IS IN THE PROCESS RIGHT NOW. CONSTRUCTION WILL BEGIN IN THE SPRING OF 2003 AND IT WILL HAVE A MAJOR STREET RECONSTRUCTION DONE.

OH, THANK YOU SO MUCH. BECAUSE I WAS WONDERING. I SAID I WONDER IF TOBY GOT THAT ANALYSIS DONE OR NOT. I APPRECIATE IT SO MUCH BECAUSE I'M TIRED OF THOSE SPEED BUMPS.

MAYOR GARCIA: MAYOR PRO TEM? YOU INDICATED THAT YOU WANTED TO SAY SOMETHING.

GOODMAN: SORRY. WE STARTED LOOKING INTO A LOT OF THINGS RELATIVE TO WHAT WE COULD DO, NOT ALL OF THE MECHANISMS WE COULD THINK OF ARE ABSOLUTELY LEGALLY DOABLE BY US RIGHT NOW, BUT I THINK IF IN THE BIG PICTURE APPROACH WE CAN LOOK AT THE MORATORIUM AT THE SAME TIME. SEIZE MS. STOCK MAN IS LOOKING INTO THAT, WE SHOULD ALSO CONSIDER THAT ANY SUCH MOVE SHOULD ALSO HAVE A MORATORIUM ON DEMOLITIONS AND THAT WE SHOULD GET A REPORT FROM MR. HILGERS SHOP ABOUT THE REHAB POSSIBILITIES FOR CURRENT OWNERS AND WHETHER THAT TIES IN TO WHAT THEY NEED TO DO WITHOUT HISTORIC ZONING. AND I WOULD LIKE TO DISCUSS THAT I THINK AT THE PLANNING COMMISSION'S RETREAT THAT THEY'RE GOING TO HOLD IN JUNE. I CAN'T REMEMBER THE DATE. BUT I THINK THEY'RE GOING TO TAKE THE RESPONSIBILITY OF TRYING TO MENTOR THOSE PLANNING GROUPS THAT ARE NO LONGER GOING TO HAVE THE TYPICAL NEIGHBORHOOD TEAM LEADERS, BECAUSE I KNOW THEY'RE CONCERNED ABOUT THAT TOO, AND I AM TOO, HOW WE MAKE SURE EVERYBODY STAYS IN THE MIX AND HAS A VOICE.

MAYOR GARCIA: THANK YOU, MAYOR PRO TEM. MR. JOSE QUINTERO. AND FOLLOWING HIM IS DONALD J.ZAPPONE.

GOOD AFTERNOON MEMBERS OF THE COMMUNITY EAST OF I-35. WE'RE HERE ON BEHALF OF THE COMMUNITY OF THE HISPANICS, EITHER THE PERCENTAGE OR WHAT WE OWN EAST OF AUSTIN AND IN THE BARRIO. WE THANK TO — WE LIKE TO THANK ONE OF THE NEWSPAPERS IN ONE OF THE COMMUNITY CONVENIENCE STORES AND THE ISSUE IS STOP THE GENTRIFICATION IN THE BARRIOS. NEIGHBORHOOD ASSOCIATIONS, ELLISON SEAL I DON'T, THE ASSOCIATION OF MEXICAN AMERICANS AND OTHER AUSTIN LEADERS HELD A PRESS CONFERENCE TO DENOUNCE THE 10th ANNUAL HERITAGE TOUR SPONSORED BY THE HERITAGE SOCIETY OF AUSTIN. HISTORICAL ZONING IS A TOOL CAUSING GENTRIFICATION IN EAST AUSTIN JUST AS IT WAS USED IN THE CLARKSVILLE AREA. JUST WEST OF LAMAR EVERY TIME THEY WANT TO GET RID OF BLACKS AND HISPANICS, TO GET THE LAND WE OCCUPY, THEY MOVE OUR CHURCHES, OUR SCHOOLS, OR BUY ALL THE LAND AROUND US TO PRICE US OUT OF THE AREA. NEW AND UPPER MIDDLE CLASS RESIDENTS MOVING INTO EAST AUSTIN IS CAUSING APPRAISAL FOR SINGLE-FAMILY HOMES TO INCREASE AN AVERAGE OF 17% COMPARED WITH EIGHT PERCENT CITYWIDE. AS SUSANA FROM PODER, WE WANT TO THANK YOU FOR ALL YOUR HARD WORK. THE ROBERTSON HILL GUADALUPE NEIGHBORHOOD IS NOT A MODEL FOR NEIGHBORHOOD REVITALIZATION IN EAST AUSTIN AND SHOULD BE HA HALTED IMMEDIATELY. WE ARE ASKING THE COUNCIL AND REQUESTING THE COUNCIL FOR A RESOLUTION FOR A MORATORIUM. AND WHEN I MEAN A MORATORIUM IS WE DID THAT AND LI ZONING. AND YOU DID THE MORATORIUM, BUT WE DID NOT BENEFIT FROM IT. BECAUSE YOU CAME BACK AND DID THESE NEIGHBORHOOD PLANS AND PROVIDED THESE DISTRICTS. AND AS OF THIS POINT, THERE'S NOT ONE PIECE OF PROPERTY THAT I KNOW THAT HAS BEEN ZONED SINGLE-FAMILY FOR RESIDENTS EAST OF THE COMMUNITY. SO THAT'S JUST THE FACT THAT YOU LET US KNOW THAT YOU DON'T WANT US TO HAVE RESIDENCY THERE. THESE THINGS SHOULD BE HAPPENING RIGHT AFTER THE MORATORIUM ON LI, BUT WE'RE HAVING TO GO TO THE PLANNING COMMISSION TO CONTINUE TO HEIGHT FOOIT, FIGHT, FIGHT. AND YOU CONTINUE TO DID HE NIGHT US. — DENY US. SO I'M ASKING THE HISPANIC COMMUNITY FOR THOSE YOU VOTED INTO OFFICE, GET IN CONTACT WITH YOUR COUNCILMEMBERS, WHICH IS PRETTY HARD BECAUSE WE HAVE A LACK OF REPRESENTATION IN EAST AUSTIN. THAT'S WHY THESE THINGS HAVE NOT BEEN ADDRESSED OR DONE. SO THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU. MR. DOND JA ZAPPONE. AND FOLLOWING HIM IS JENNIFER L. GALE. WELCOME.

GOOD AFTERNOON MAYOR MAR SEE I CAN'T AND MEMBERS OF THE COUNCIL I'M THE EXECUTIVE DIRECTOR OF THE AUSTIN CHILD GUIDANCE CENTER. I'M ALSO THE IMMEDIATE PAST CHAIR OF THE AUSTIN AREA HUMAN SERVICES ASSOCIATION. I'LL HERE TO SPEAK TO YOU TODAY IN PART — AS PART OF A YEAR LONG AUSTIN AREA SERVICES ASSOCIATION PUBLIC EDUCATION CAMPAIGN, PUT PEOPLE FIRST. I WILL SPEAK SPECIFICALLY ABOUT CHILDREN'S MENTAL HEALTH. MENTAL HEALTH IS HOW WE THINK, FEEL AND ACT AS WE FACE LIFE SITUATIONS. IT'S HOW WE LOOK AT OURSELVES, OUR LIVES AND THE PEOPLE IN OUR LIVES. IT'S HOW WE EVALUATE OPTIONS AND MAKE CHOICES. LIKE ADULTS, CHILDREN CAN HAVE MENTAL HEALTH PROBLEMS THAT AFFECT THE WAY THEY THINK, FEEL AND ACTED. THEY CAN LEAD TO SCHOOL FAILURE, FAMILY CONFLICTS, DRUG ABUSE, VIOLENCE OR SUICIDE. THEY ALSO LIMIT YOUNG PEOPLE'S CURRENT OR FUTURE ABILITY TO BE PRODUCTIVE. IN ADDITION, THESE PROBLEMS CAN BE VERY COSTLY TO FAMILIES AND COMMUNITIES. ACCORDING TO THE MOST RECENT SURGEON GENERAL'S REPORT, MENTAL DISORDERS APPEAR IN FAMILIES OF ALL SOCIAL CLASSES AND OF ALL BACKGROUND. NO ONE IS IMMUNE, YET THERE ARE CHILDREN AT GREATER RISK BY A BROAD ARRAY OF FACTORS. THESE INCLUDE PHYSICAL PROBLEMS, INTELLECTUAL DISABILITIES. MULTIGENERATION NATIONAL POVERTY OR ABUSE AND NEGLECT. ACCORDING TO THE COMMUNITY ACTION NETWORK ASSESSMENT PRESCRIPTION FOR WELLNESS, FEBRUARY 2001 REPORT, IN TRAVIS COUNTY IT IS ESTIMATED THAT 10 TO 15 PERCENT OF CHILDREN EXPERIENCE SOME TEMPERATURES RELATED TO MENTAL ILLNESS. AND YET IT IS ESTIMATED THAT THIRD-THIRDS OF THESE CHILDREN DO NOT RECEIVE THE CARE THEY NEED. OUR PUBLIC AND NONPROFIT PROVIDERS CONTINUE TO BE OVER OVER WHEL AMED BY THOSE IN NEED WHO SEEK OUR SERVICES, PARTICULARLY THE POOR AND WORKING POOR. THE SURGEON GENERAL'S REPORT RELEASED IN DECEMBER OF 1999 DEVELOPED A SERIES OF CONCLUSIONS NARD TO IN REGARD TO CHILDREN'S MENTAL HEALTH. PREVENTION INTERVENTIONS HAVE BEEN SHOWN TO BE EFFECTIVE AND IMPROVING SOCIAL AND EMOTIONAL DEVELOPMENT. A RANGE OF PSYCHOLOGICAL AND FARM LOGICAL TREATMENTS EXIST FOR MANY DISORDERS IN CHILDREN, INCLUDING ATTENTION DEFICIT DISORDER, DEPRESSION AND DISRUPT SIEVE DISORDERS. THE MULTIPLE PROBLEMS ASSOCIATED WITH SERIOUS EMOTIONAL DISTURBANCES IN CHILDREN'S AND ADD LESS ACCIDENTS ARE BEST APPROACHED WITH A SYSTEMS APPROACH HAD IN WHICH SEVERAL SECTORS WORK TOGETHER. CLOSELY PARALLELING AND BUILDING ON THESE CONCLUSIONS, THE CAN PREPARATION FOR WELLNESS REPORT MADE SEVERAL RELIGIOUSS. I WOULD LIKE TO NOTE A NOTE A FEW OF THESE FOR YOUR CONSIDERATION AND SUPPORT. INCREASE THE AVAILABILITY AND ACCESSIBILITY OF CHILDREN'S HEALTH SERVICES FOR FAMILIES. IMPLEMENT BEST PRACTICES, INCORPORATE CULTURAL COMPETENCE IN DEVELOPMENT OF TREATMENT PLANS FOR CHILDREN AND THIRD, INCREASE THE NUMBER OF MENTAL HEALTH PROVIDERS AVAILABLE TO FAMILIES WITHIN THEIR OWN NEIGHBORHOODS, COMMUNITIES OR SCHOOLS. THANK YOU.

MAYOR GARCIA: THANK YOU. JENNIFER GALE? JENNIFER GALE? DAVID EVANS? AND FOLLOWING MR. EVANS, MR. BILL WIG MORE.

THANK YOU, MAYOR GARCIA AND CITY COUNCILMEMBERS. THANK YOU COUNCILMEMBER GRIFFITH. I'M DAVID EVANS. I'M THE EXECUTIVE DIRECTOR OF THE AUSTIN TRAVIS COUNTY MENTAL HEALTH AND RETARDATION CENTER AND LIKE DON, I'M SPEAKING TO YOU TODAY ON BEHALF OF THE AUSTIN AREA HUMAN SERVICES ASSOCIATION IN PROMOTING PUTTING PEOPLE FIRST AND THE NEED FOR QUALITY ADULT MENTAL HEALTH SERVICES ALSO. MAY IS MENTAL HEALTH AWARENESS MONTH, AND INCREASINGLY MENTAL ILLNESSES ARE A DISORDER OF THE BRAIN, A CONDITION THAT IS TREATABLE AND A DISABILITY THAT HAS HOPE FOR RECOVERY. JUST AS DIABETES IS A DISORDER OF THE PANCREAS, WE NEED TO UNDERSTAND AND MAKE TREATMENT AVAILABLE FOR THOSE WHO HAVE A BIOLOGICAL AND NEUROLOGICAL CAUSE IN THEIR BRAIN DYSFUNCTION. MAJOR MENTAL ILLNESSES UNTREATED EMERGE WITH HARDSHIP AND INAPPROPRIATE SOCIAL AND PERSONAL IMPACTS ON OUR COMMUNITY, FAMILY, WORK AND HOME. NOW, THIS IS NO SMALL THING AS NEARLY ONE IN FIVE WILL EXPERIENCE A DIAGNOSISABLE MENTAL I WILLANCE AT SOME TIME IN THEIR LIFE. HOMELESSNESS, SELF-MEDICATING DRUG ABUSE, UNEMPLOYMENT AND EMERGENCY ROOM VISITS FOR ACCESS TO CARE IS NOT THE KIND OF RESULTS THAT WE SHOULD BE UNDERSTANDING IN OUR COMMUNITY. BY PUTTING PEOPLE SOUTH TING PEOPLE FIRST AND INVESTING IN SERVICES THAT LEAD TO RECOVERY, WE THEN SEE THE JAILS AND JUDICIAL SYSTEMS, EMERGENCY ROOM CARE BECOME TOO EXPENSIVE EXPENSES, THOSE THAT COME TOO LATE AND ARE TOO COSTLY. STIGMA AND THE EMBARRASSMENT ARE BARRIERS THAT HAVE NO BASE PLACE IN AN INCLUSIVE COMMUNITY THAT WE ARE BUILDING TODAY. THE CITY HAS TAKEN STRONG LEADERSHIP IN MODELING ALTERNATIVES THAT LEAD AWAY FROM FEAR AND IGNORANCE, AND FOR THIS WE THANK YOU. WHEN CONSIDERING THE MULTIPLE DEMANDS ON BUDGETING FOR CITY SERVICES AND IN MAKING POLICY DECISIONS, PLEASE PUT PEOPLE FIRST. SUPPORTING GOOD MENTAL HEALTH SERVICES MEANS AVAILABLE MEDICATION, COUNSELING, AVAILABLE PSYCHIATRIC HOSPITAL BEDS, TRAINED AND RESPONSIVE LAW ENFORCEMENT, HOTLINE AND SUICIDE PREVENTION. SUPPORTED EMPLOYMENT, HOMELESS OUTREACH AND PUBLIC SAFETY PREPAREDNESS. NOW, THERE ARE SEVERAL COLLABORATIONS THAT REALLY MAKE A DIFFERENCE FOR PEOPLE IN ORGANIZATIONS WORKING TOGETHER AND THEY ARE BETTER ABLE TO ACHIEVE GOOD OUTCOMES. PLEASE SUPPORT THESE. IN CONCLUSION, I RESPECT YOUR WORK, YOUR OPEN GOVERNMENT, AND THANK YOU FOR THE TIME TO SPEAK AND THE OFFERING OF THE RESOURCE TO YOU. AS I MENTIONED EARLY, THE PRESCRIPTION FOR WELLNESS CARRIES AN IN-DEPTH ASSESSMENT OF FACTS AND STATISTICS AND PROVIDES A WEALTH OF CAREFUL STUDY FOR DECISION MAKING. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. EVANS. IS JENNIFER GALE HERE? HAS SHE ARRIVED? BILL WIGMORE? WELCOME, SIR.

THANK YOU, MAYOR GARCIA, COUNCILMEMBERS, MS. FUTRELL. IT'S A PLEASURE TO BE HERE TODAY AND NOT HAVE A ZONING ISSUE BEFORE THE COUNCIL.

MAYOR GARCIA: YOU COULD STAY HERE AND WE'LL HAVE SOME LATER ON. [ LAUGHTER ]

I'M HERE REPRESENTING OSHA AND TO TALK ABOUT OUR PEOPLE FIRST CAMPAIGN SPECIFIC TO THE CHEMICAL DEPENDENCY DRUG AND ALCOHOL SITUATION IN AUSTIN. AND SOME OF YOU MAY RECALL THE OLD CHARTER HOSPITAL TV AD THAT SAID IF YOU CAN'T GET HELP AT CHARTER, PLEASE GET HELP SOMEWHERE. WELL, FOR ABOUT 34 YEARS AUSTIN RECOVERY HAS BEEN THAT SOMEWHERE IN OUR COMMUNITY FOR PEOPLE WHO DON'T HAVE INSURANCE, THAT DON'T HAVE THE MEANS TO PAY FOR TREATMENT. AND UNFORTUNATELY, WE HAVE BEEN RECEIVING MOST OF OUR FUNDING THROUGH THE TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE WHICH HAS HAD A VERY DIFFICULT HISTORY, AS YOU ALL WELL KNOW. AND ONE OF THE REAL PROBLEMS THAT OUR COMMUNITY FACES NOW IS THAT THE REIMBURSEMENT RATES THAT OUR AGENCY AND OTHER AGENCIES RECEIVE FROM THE COMMISSION ARE FAR, FAR BEHIND WHAT OUR COSTS ARE. AND I'VE GIVEN YOU SOME INFORMATION ON THAT TO BRING ABOUT $2.3 MILLION OF SERVICES INTO THIS COMMUNITY FROM AT THE CAD DA, — TECADA. AND OUR AGENCY LOSES ABOUT $232 MILLION A YEAR. THAT'S BECAUSE THEIR RATES SIMPLY HAVE NOT HELP UP WITH COSTS. I AM HAPPY TO REPORT THAT THE CITY/COUNTY FUNDING THAT WE RECEIVED, WHICH HAS GROWN STEADILY OVER THE PAST FEW YEARS, HAS BEEN MUCH MORE EXPENSIVE TO THE NEEDS — RESPONSIVE TO THE NEEDS OF AGENCY IN THE COMMUNITY AND WORKING WITH MHMR, WE HAVE BEEN ABLE TO REACH NEGOTIATIONS THAT HAVE COME CLOSER TO OUR NEEDS. BUT EVEN THERE WE LOSE $83,000 A YEAR ON THOSE SERVICES, BUT WE ARE ABLE TO RAISE SOME MONEY THROUGH THE UNITED WAY AND SOME AGENCIES LIKE THAT. THE POINT I WOULD LIKE TO BRING TO THE ATTENTION OF THE COUNCIL IS THAT WE REALLY NEED YOU TO CONTINUE SERVICES, MINIMAL THOUGH THEY MAY BE TO THE ALCOHOLICS AND DRUG ADDICTS IN THIS COMMUNITY. THEY ARE HIGHLY, HIGHLY DEPENDENT ON THE SERVICES THAT OUR AGENCY PROVIDES. WE ARE STILL TURNING AROUND 10 TO 15 PEOPLE EACH AND EVERY DAY. AND STILL DEVOTING TOO MUCH OF OUR DOLLARS TO THE CRIMINAL JUSTICE SYSTEM, TRYING TO TREAT A PUBLIC HEALTH PROBLEM AS A CRIMINAL JUSTICE ISSUE. SO WE THANK YOU VERY, VERY MUCH FOR THE SUPPORT THAT YOU HAVE GIVEN, PARTICULARLY THROUGH COMMUNITY COURT AND SOME OTHER INNOVATIVE PROJECTS. AND I UNDERSTAND THAT THEY ARE ABOUT TO MAYBE EXPAND OVER TO EAST AUSTIN. AND IF AND AS THEY DO SO, I HOPE FUNDING FOR THOSE PEOPLE WHO NEED TREATMENT RATHER THAN INCARCERATION, WILL BE MADE AVAILABLE. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU. MR. GUS PENA? WELCOME, SIR. FOLLOWING MR. PENA WILL BE MARY R. ROBINSON.

WELCOME TO YOU TOO, MR. MAYOR. AND GOOD AFTERNOON, MAYOR PRO TEM, COUNCILMEMBERS AND OUR GOOD, OUTSTANDING CITY MANAGER, TOBY FUTRELL. I ATTENDED THE BUDGETARY WORK SESSION YESTERDAY. I WANT TO COMMEND Y'ALL ON STARTING, NUMBER ONE EARLY. BUT NOT ONLY THAT, THE DIALOGUE AND THE QUESTIONS THAT YOU BROUGHT UP TO THE CITY MANAGER REGARDING SOME ISSUES AND POSSIBLE CUTS AND POSSIBLE RECOMMENDATIONS, TO ME — AND I'VE BEEN WORKING ON THE CITY BUDGET THE LAST 20 YEARS, BELIEVE IT OR NOT, AND THIS ONE MADE MORE SENSE TO ME THAN — I MEAN NO DISRESPECT TO ANYBODY, BUT IT ALLOWED ME TO UNDERSTAND MORE THE INTRICACIES OF THE BUDGETARY PROCESS, AND I'M GLAD THAT THE COMMUNITY'S VOICE WAS HEARD ABOUT STARTING THE BUDGETARY PROCESS EARLIER. ANYWAY, I ALSO — EAST AUSTIN CONCERNED HISPANICS AS PRESIDENT WOULD LIKE TO SUPPORT THE AUSTIN AREA HUMAN SERVICES ASSOCIATION, EVEN EVEN THOUGH WE DO VOABILITY FOR A LOT OF THE SERVICES AND NECESSARY FUNDING THAT THEY NEED, I KNOW MR. DAVE EVANS AND MR. DONALD ZAPPONE AND MR. BILL WIGMORE WHO WORKED ON ISSUES AND MUCH MORE ME WITH DAVE EVANS BECAUSE MY BOY IS VERY ARTICULATE, VERY MUCH BRIGHT, AND FOR THAT I THANK MR. DAVE EVANS BECAUSE HE WAS THE DIRECTOR THEN AND NOW HE'S STILL THE DIRECTOR OF AUSTIN TRAVIS COUNTY MHMR. IT DOESN'T MEAN HE HAD SOME MENTAL PROBLEMS, BUT HE WAS BORN DEVELOPMENT DELAYED AND THEY HELPED ME OUT A LOT. SO THESE ARE THE ISSUES WE BRING FORTH, THE POSITIVES, TO CONTINUE THE FUND THE PROGRAMS THAT THESE INDIVIDUALS AND AGENCIES ADVOCATE FOR. I WILL BE HONEST WITH YOU, I'M GOING TO CHALLENGE ALL ORGANIZATIONS AND ASSOCIATIONS OUT THERE. I CHALLENGE Y'ALL TO COME FORTH AND VOLUNTEER TO STAFF THE LIBRARIES IN ANY WAY THE CITY STAFF FEELS AND DEEMS NECESSARY. I'M NOT ABLE TO DO TOO MUCH, MR. MAYOR, AND COUNCILMEMBERS, BUT I'LL GIVE HOURS TO HELP THE LIBRARIES. I'LL GIVE LIBRARIES TO HELP THE REC CENTERS SO THEY WON'T CLOSE ONE DAY. I'M HERE TO TELL YOU, MY BACKUP HERE, MY SON, WILL BE WITH ME IN ANY WAY — AND ANY WAY THAT WE CAN HELP OUT. THEY HAVE PROVIDED SERVICES FOR OUR ORGANIZATIONAL MEMBERS SONS AND DAUGHTERS. WE WANT TO GIVE BACK TO THE COMMUNITY BECAUSE THE CITY OF AUSTIN HAS BEEN GOOD TO US ALSO, WHETHER YOU LIKE IT OR NOT. I APPRECIATE ALL THESE PEOPLE EAR HERE ON THE DIAS BECAUSE EVERY OF THEM HAS IMPACTED OUR LIVES AND A LOT OF LIVES IN THE COMMUNITY. SO ANYWAY, THANKS TO Y'ALL FOR THAT, MR. MAYOR, COUNCILMEMBERS, AND MS. CITY MANAGER. I REALLY DO APPRECIATE YOU ALL VERY MUCH. AND COUNCILMEMBER GRIFFITH, WE DIDN'T ALWAYS AGREE ON A LOT OF STUFF, BUT I SUPPORTED YOU IN THE FIRST GO ROUNDS IN THE CAMPAIGNS. I WANT TO THANK Y'ALL VERY MUCH, THANK YOU FOR WHAT YOU HAVE DONE AND THE STAFF HAS DONE FOR THE CITY OF AUSTIN AND ITS NEEDS FOR THE TAXPAYER. ANYWAY, I WILL WRAP IT UP AND THANK YOU VERY MUCH. AND GOD SPEED, COUNCILMEMBER GRIFFITH IN WHATEVER YOU DO. AND THANK YOU VERY MUCH, COUNCIL.

MAYOR GARCIA: THANK YOU, MR. PENA. MARY R. ROBINSON. MARY R. ROBINSON? JENNIFER L. GALE? OKAY. I'LL READ WHAT THE AGENDA SAYS ON JENNIFER L. GALE. SHE'S COMING ANNOUNCE THAT SHE'S RUNNING FOR MAYOR OF THE CAPITOL CITY OF TEXAS. SHE WAS GOING TO OUTLINE HER FLAT FORM. IN THE CASE OF HIS ROBINSON, SUPPORT AND EMPATHY TO OUR BUDGET MANAGERS, CITY COUNCIL AND CITY MANAGEMENT FOR THEIR TOUGH, PAINFUL TASK BALANCING THE CITY'S BUDGET THIS YEAR. WHAT WILL BE BUDGET SCHEDULE BE THIS YEAR? AND WE OUTLINED THAT YESTERDAY. WHAT CAN WE DO AS THE PUBLIC TO LEND POSITIVE ASSISTANCE AND HELP TO THESE EFFORTS? BECAUSE MANY OF YOU WILL BE LEAVING AFTER WE DO THE CONSENT AGENDA, IF YOU ALL WOULD GIVE RECOGNITION AT THIS TIME TO OUR DEPARTING COUNCILMEMBER GRIFFITH. WE'RE GOING TO HONOR HER AT 5:30, BUT I THINK WE ALL NEED TO GIVE HER A BIG HAND WHILE WE'RE HERE. [ APPLAUSE ] DO YOU WANT TO SAY A WORD OR TWO, COUNCILMEMBER?

GRIFFITH: THANK YOU VERY MUCH.

MAYOR GARCIA: THAT'S MORE THAN TWO WORDS, BUT THAT'S ALL RIGHT. THANK YOU, COUNCILMEMBER. AT THIS TIME WE WILL GO TO THE PREVIEW OF ITEMS FOR NEXT COUNCIL MEETING. AND LET ME ANNOUNCE THAT THE NEXT COUNCIL MEETING IS JUNE THE 27th. WE HAVE A FOUR-WEEK BREAK TO ALLOW THE CITY MANAGER TIME TO WORK ON THE BUDGET AND TO ALLOW COUNCILMEMBERS TO TAKE A BREATHER, PARTICULARLY THE SECOND PART. BUT IF ANY OF YOU KNOW OF ANYTHING THAT WILL BE COMING UP ON THE 27th OF JUNE, YOU CAN ANNOUNCE IT NOW. CITY MANAGER? YOU CAN ANNOUNCE THE BUDGET SCHEDULE OR WHATEVER.

FUTRELL: ACTUALLY, THAT MIGHT BE A GOOD THING TO DO. OBVIOUSLY, JUNE 27th WILL BE A VERY LARGE AGENDA. WE WILL HAVE THE SECOND OF THE COMMUNITY DOLLAR BUDGET HEARINGS ON JUNE 27th. THE FIRST IS TONIGHT. BUT THE BUDGET SCHEDULE, JUST SO EVERYONE IS AWARE OF IT, IN JUNE AND JULY CERTAIN ISSUES ARE GOING TO GO TO THE COMMUNITY ACTION NETWORK, LIKE FUNDING DECISIONS FOR SOCIAL SERVICES, HOUSING INVESTMENT IN OUR BUDGET FOR AFFORDABLE HOUSING IS GOING TO GO TO THE AFFORDABLE HOUSING TASKFORCE FOR DISCUSSION, AND SMART GROWTH AND REVISITING SMART GROWTH AND HOW WE HAVE APPROACHED THAT AND WHAT OUR GOALS ARE, WE'LL BE GOING TO THE ECONOMIC DEVELOPMENT TASKFORCE IN JUNE AND JULY. THE PROPOSED BUDGET IS GOING TO BE PRESENTED AND WILL BE AVAILABLE TO THE PUBLIC JULY 31st. AUGUST AND EARLY SEPTEMBER WILL BE THE PUBLIC HEARINGS, DEPARTMENTAL PRESENTATIONS, BOARD AND COMMISSION PRESENTATIONS, WITH FIRST, SECOND AND THIRD READING OF THE BUDGET SCHEDULED FOR SEPTEMBER NINTH, SEPTEMBER 10th AND SEPTEMBER 11th.

MAYOR GARCIA: THANK YOU. THANK YOU, CITY MANAGER. ANYBODY ELSE HAVE ANY ANNOUNCEMENTS FOR THE JUNE 27th MEETING? OKAY. NOW WE'LL GO TO THE — WELL, CHANGES AND CORRECTIONS AND TIME CERTAIN. CITY CLERK, COULD YOU ANNOUNCE THOSE THINGS?

TIME CERTAIN ITEMS?

MAYOR GARCIA: CAN YOU GIVE SOME VOLUME TO THAT MIC, PLEASE? DID ANYBODY — DOES ANYBODY HAVE THE CHANGES AND CORRECTIONS? I KNOW I DON'T HAVE MINE. HERE WE GO. I GOT IT.

TIME CERTAIN ITEMS. 1:30 WAS CITIZENS COMMUNICATIONS, ITEMS 7 THROUGH 16. TWO P.M. WILL BE ITEM 22. THREE P.M., ITEM 79 BRIEFING. FOUR P.M. WILL BE ZONING ITEMS, ITEMS Z-1 THROUGH T-21. FIVE 30 IS LIVE MUSIC AND PROCLAMATIONS. SIX P.M. IS PUBLIC HEARINGS, ITEMS 82 THROUGH 86. CHANGES AND —

MAYOR GARCIA: CHANGES AND CORRECTIONS.

CHANGES AND CORRECTIONS. ITEM NUMBER 19, THE FIRST CHANGE IS — I'LL READ THAT SENTENCE. APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS RELATED TO THE ACQUISITION OF AND DELETE REQUIRING — ACQUIRING APPROXIMATELY 250 ACRES. ITEM 25, AFTER 42 USC SUBSECTION 530 8 DELETE THE WORDS THE FISCAL AGENCY AGREEMENT. AFTER THE NUMBER 6,30,000, ADD THE FOLLOWING WORDS, AND THE INCORPORATION BY REFERENCE AND A NOTE IN CONTRACT OF CERTAIN FISCAL AGENCY TRUST AGREEMENTS ENTERED INTO BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. UNDER ITEM 29, THE VOTE INSTEAD OF BEING 7-0 SHOULD READ 6-0-1.

MAYOR GARCIA: WITH COUNCILMEMBER SLUSHER ABSTAINING. IS THAT CORRECT, COUNCILMEMBER? I GUESS HE'S NOT HERE. OKAY.

ITEM 58 IS POSTPONED INDEFINITELY. ITEM 65 POSTPONED INDEFINITELY.

MAYOR GARCIA: 65?

65.

MAYOR GARCIA: 55 OR 65?

65. ITEM 68, REMOVE — THE APPLICANT HAS REQUESTED AN INDEFINITE POSTPONEMENT. ITEM 73, POSTPONED TO JULY 11th, 2002. AND ITEM 77, WE ARE GOING TO ADD MAYOR PRO TEM JACKIE GOODMAN.

MAYOR GARCIA: AS A SPONSOR OF THAT ITEM.

YES. AND LET'S SEE. THE FINAL CHANGE IS UNDER ITEM 86. AFTER AUSTIN METROPOLITAN AREA TRANSPORTATION PLAN ADD THE WORDS, TO CHANGE THE DESIGNATION OF PORTIONS OF, AND DELETE THE WORDS, DELETE FROM THE PLANS. AND ALSO AFTER LOOP 1 NORTH ADD "TO DELETE." AND THEN AFTER THE WORDS MANOR ROAD, DELETE THE SENTENCE "THESE ROADS WOULD REMAIN CURRENTLY CONFIGURED AS COLLECTOR STREETS AND WOULD NOT NEED TO APPEAR IN THE PLAN." ITEMS PULLED —

MAYOR GARCIA: JUST READ THE NUMBERS.

18.

MAYOR GARCIA: AND THE PERSON WHO PULLED THEM.

18, SLUSHER. 19 —

MAYOR GARCIA: AND ITEMS TO BE TAKEN AFTER THE EXECUTIVE SESSION. WE HAVEN'T DONE THAT EXECUTIVE SESSION YET.

20, THE SAME.

MAYOR GARCIA: THAT ONE WE CAN TAKE. THAT ONE WAS ALREADY DISCUSSED IN EXECUTIVE SESSION.

23.

MAYOR GARCIA: THAT ONE WE CAN TAKE. WE ALREADY DISCUSSED THAT IN EXECUTIVE SESSION.

24, SLUSHER. 32, ZONING.

MAYOR GARCIA: 32 IS WHO?

ZONING. ZONING.

MAYOR GARCIA: OH, THIS IS ZONING.

[ INAUDIBLE ]

AND 33.

MAYOR GARCIA: 32 AND 33 IS VALID PETITIONS, IS THAT CORRECT? 32 AND 33? MS. GLASGO? ITEMS 32 AND 33.

32 AND 33, WE NEED TO GIVE YOU A BRIEF OVERVIEW OF —

MAYOR GARCIA: SO 32 AND 33 ARE PULLED FOR A BRIEFING.

GOODMAN: MAYOR, ON ITEM NUMBER 20 THERE, I DON'T THINK THE LANGUAGE IS READY YET.

MAYOR GARCIA: WHICH ONE?

GOODMAN: 20, HOSPITAL DISTRICT.

MAYOR GARCIA: 20, WE WILL BE TAKING THAT UP — THAT'S ALREADY BEEN DISCUSSED IN EXECUTIVE SESSION.

GOODMAN: RIGHT, BUT RELATIVE TO THE CONSENT AGENDA, WE HAVEN'T SEEN THE AMENDED LANGUAGE. THEY'RE WORKING ON IT.

MAYOR GARCIA: OKAY, YEAH. WE'RE GOING TO HAVE A CHANGE TO THE OPERATIVE PARTS OF THE RESOLUTION, ITEM NUMBER 20, AND THAT'S BEING DRAFTED AS WE SPEAK AND WE WILL GET THAT BACK. AND IF IT'S BACK BY THE TIME WE TAKE UP THE CONSENT AGENDA, WE COULD TAKE THAT UP.

GOODMAN: OKAY.

ITEM NUMBER 47, ALVAREZ. ITEM 55 —

MAYOR GARCIA: THAT ONE CAN BE TAKEN UP — [ INAUDIBLE ]

ITEM 59, ALVAREZ. ITEM 61, 62 AND 63 TAKEN AFTER EXECUTIVE SESSION. ITEM 65 IS POSTPONED INDEFINITELY.

MAYOR GARCIA: 65 IS POSTPONED INDEFINITELY?

YES. AND THAT WAS DONE IN THE CHANGES AND CORRECTIONS ALSO.

MAYOR GARCIA: OKAY. COUNCILMEMBER SLUSHER, 65 IS POSTPONED INDEFINITELY, RIGHT? THAT'S THE ONE —

SLUSHER: IT'S BEING POSTPONED AS A RESULT OF SOME CONCERNS THAT I HAD. AND WHAT I WOULD LIKE TO DO BEFORE IT DOES COME BACK, I WOULD LIKE TO SEE AN ENVIRONMENTAL ANALYSIS BECAUSE MY CONCERN THERE WAS THIS WAS GOING TO TAKE SEWAGE FROM OUTSIDE THE BARTON SPRINGS ZONE, PUMP IT OVER TO LOST CREEK TO BE TREATED, AND THEN IRRIGATE IT INTO THE INTRINGZ ZONE. I DON'T THINK — THE BARTON SPRINGS ZONE. I DON'T THINK THAT'S THE ENVIRONMENTALLY APPROPRIATE APPROACH, BUT I WOULD LIKE TO SEE THE ANALYSIS OF THE ALTERNATIVES AS WELL.

MAYOR GARCIA: OKAY. MAYOR PRO TEM?

GOODMAN: I JUST WANTED TO ASK A PARLIAMENTARY QUESTION ABOUT ITEMS 82 AND YEAH, WHICH ARE NOT POSTED UNTIL 6:00 O'CLOCK, BUT THEY ARE GOING TO BE POSTPONED. SO IS THAT PART OF THE CONSENT AGENDA ALSO?

MAYOR GARCIA: 82 AND 83?

GOODMAN: IT WAS THE SUB DISTRICT LAND DEVELOPMENT ROAD AMENDMENT AND THE HARRIS BRANCH PLANNED USE UNITS DEVELOPMENT.

MAYOR GARCIA: THOSE ARE PUBLIC HEARINGS AT 6:00 O'CLOCK? DID YOU SAY THEY'RE GOING TO BE POSTPONED?

GOODMAN: YEAH. THEY'RE IN OUR TIME CERTAIN ITEMS. WE WEREN'T UNDER CHANGES AND CORRECTIONS, BUT THEY ARE CORRECTED UNDER TIME CERTAIN. AND I KNOW THE HARRIS BRANCH PLANNED UNIT DEVELOPMENT, THEY'RE FINISHING UP THE LANGUAGE ON THEIR AGREEMENT. THEY'VE COME TO AGREEMENT, BUT THEY WEREN'T READY WITH LANGUAGE FOR TODAY.

MAYOR GARCIA: SO PUBLIC HEARINGS ON THE CREATION OF SUBDISTRICT FOR ITEM NUMBER 82 AND 83, HARRIS BRANCH PLANNED UNIT DEVELOPMENT USE HAS POSTPONED BY STAFF UNTIL JUNE 27th, 2002 AT SIX P.M.

ALSO, THE STRATUS PROPERTIES, THERE'S A POSTPONEMENT REQUEST FOR THAT AS WELL TO JUNE 27 th AT 4:00 O'CLOCK P.M. AND ITEMS 80 AND 81, POSTPONEMENT REQUEST TO JULY 18th.

MAYOR GARCIA: 80 AND 81?

THERE'S BEEN A POSTPONEMENT REQUEST.

MAYOR GARCIA: TO WHEN?

JULY 18th.

AND THEN Z.-5 THROUGH Z. WHAT?

Z-5 THROUGH Z-18, A POSTPONEMENT UNTIL JULY 27th AT 4:00 O'CLOCK P.M.

MAYOR GARCIA: FOUR?

YES, SIR. MAYOR, I'M SORRY, ONE MORE POSTPONEMENT. Z-4. AND THAT'S ALSO POSTPONED TO JUNE 27th, SET FOR A TIME CERTAIN OF 4:00 O'CLOCK.

MAYOR GARCIA: OKAY. YOU'RE MAKING MY LIFE EASIER HERE TODAY. I'M NOT TALKING ABOUT JUNE 27th. JUNE 27th, I'LL FIND A WAY NOT TO COME TO THE MEETING. OKAY. NOW WITH THE CONSENT AGENDA IS EVERYTHING ELSE, CORRECT?

CORRECT.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I DID WANT TO PUT ITEM 59 BACK ON THE CONSENT.

MAYOR GARCIA: ITEM 59.

OKAY, I'M READY TO READ THE CONSENT AS I KNOW IT RIGHT NOW.

MAYOR GARCIA: CAN YOU SPEAK A LITTLE LOUDER OR GET CLOSER TO THE MIC.

THE CONSENT AGENDA IS ITEMS 21, 22, 23, 24, 25 WITH —

MAYOR GARCIA: 24 IS NOT A CONSENT.

OKAY.

MAYOR GARCIA: 24 WAS PULLED BY COUNCILMEMBER SLUSHER.

GOT YOU.

MAYOR GARCIA: AS BEST I CAN REMEMBER.

OKAY. 25 WITH THE CHANGES THAT WERE READ INTO THE RECORD EARLIER. ITEM 26, 27, 28 WITH A SECOND AND THIRD READING. ITEMS 29, 30 WITH A SECOND AND THIRD READING. 31 WITH A SECOND AND THIRD READING.

MAYOR GARCIA: ON THIS ONE, MS. GLASGO OR SOMEBODY, MR. GURNSEY, SOMEBODY, 30 AND 31, MY UNDERSTANDING IS THAT THOSE, PARTICULARLY 31, WE WOULD HAVE A SERIES OF MOTIONS, IS THAT NOT CORRECT?

YES.

MAYOR GARCIA: THERE WAS A REQUEST TO HAVE A PROHIBITION ON TRANSITIONAL HOUSING IN A SECTION OF THAT NEIGHBORHOOD. IS THAT ALREADY INCORPORATED INTO THIS ITEM?

THE COUNCIL NEEDS TO MAKE A MOTION TO THAT EFFECT. WE HAVE HANDOUTS ON THE MOTION TO CONSIDER, SO WOULD YOU LIKE TO DO THAT NOW OR LATER?

MAYOR GARCIA: CAN WE TAKE IT BY CONSENT?

IF YOU WANT TO MAKE THE MOTION, I DON'T KNOW WHO WANTED TO MAKE THE MOTION REGARDING TRANSITIONAL HOUSING ON ITEM 31.

MAYOR GARCIA: CAN ANYBODY SPEAK TO THAT ITEM?

I'M FROM THE NEIGHBORHOOD PLANNING AND ZONING. I JUST WANTED TO MAKE SURE I WAS UNDERSTANDING COMPLETELY. WAS YOUR QUESTION, MAYOR GARCIA, WHETHER OR NOT THE PROHIBITION OF TRANSITIONAL HOUSING IN SOME OF THE CONDITIONAL OVERLAYS IN THE PLANS ALREADY EMBODIED IN THE — IN THE MOTION THAT YOU WOULD BE MAKING?

MAYOR GARCIA: IT'S ALREADY IN?

YES.

MAYOR GARCIA: SO THIS SHEET THAT LISTS THIS OUT, THE MOTION THAT NEEDS TO BE MADE, IT SAYS POTENTIAL AMENDMENTS, NUMBER 2 — ITEM NUMBER 2 WOULD BE MODIFY THE ZONING RECOMMENDATIONS BY REMOVING TRANSITIONAL HOUSING FROM LIST OF PROHIBITED USES, MAINTAINING IT AS A CONDITIONAL USE. IS THAT THE WAY —

THAT WOULD BE THE AMENDMENT THAT COUNCIL WOULD MAKE IF THE USE WERE TO REMAIN A CONDITIONAL USE.

MAYOR GARCIA: BUT THAT MOTION HAS NOT BEEN MADE, CORRECT?

THAT'S CORRECT.

MAYOR GARCIA: OKAY. IF WE DON'T MAKE THAT MOTION OR MAKE — OR AMEND THE CONSENT MOTION, THEN TRANSITIONAL HOUSING WILL REMAIN AS A CONDITIONAL USE?

IF YOU DO NOT MAKE THAT MOTION, THEN TRANSITIONAL HOUSING WOULD BECOME A PROHIBITED USE IN THREE OF THE CONDITIONAL OVERLAYS IN THE NEIGHBORHOOD PLAN. IF YOU DID NOT MAKE THAT MOTION.

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: CAN I ASK WHAT THE DEFINITION OF TRANSITIONAL HOUSING IS? YOU KNOW A YOUNG YOU WILL DO YOU MEAN WITH THEIR FIRST HOME IS SAID TO BE IN A TRANSITIONAL HOME.

WE CAN GET YOU THE LBC CODE DEFINITION. TO PAIR PARAPHRASE IT, IT WOULD BE THE USE OF A SITE FOR HOUSING 15 OR MORE PERSONS WHO ARE ON THEIR WAY FROM INSTITUTIONAL TO — THANK YOU. OR MAKING THE TRANSITION FROM INSTITUTIONAL TO COMMUNITY LEAVING. IT INCLUDES PAROLE AND HOUSING FACILITIES FOR JUVENILE DELINQUENTS AND OFFENDERS AND SHELTERS FOR THE HOMELESS. AND THAT'S FOR 15 PERSONS OR MORE.

GOODMAN: WOULDN'T THAT BE CALLED TRANSITIONAL RESIDENTIAL PROGRAMS OR SOMETHING LIKE THAT? TRANSITIONAL HOUSING DOESN'T SEEM TO BE WHAT THAT'S TRYING TO DESCRIBE.

THAT'S HOW IT'S DEFINED IN THE LAND DEVELOPMENT CODE.

GOODMAN: MAYBE WE NEED TO ALSO INITIATE A CODE AMENDMENT THAT SAYS WHAT IT'S TRYING TO SAY.

MAYOR GARCIA: WHY DON'T WE PULL THE ITEM, OKAY? AND WE CAN DO IT — SO 30 AND 31 ARE PULLED. PUT GARCIA BY IT. AND ITEMS 28 AND 29 ARE ALSO PULLED BY COUNCILMEMBER WYNN.

OKAY. CONTINUING FROM THERE, ITEM 34, 35, 36 —

MAYOR GARCIA: 34, 35, 36.

37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 64, 66, 67, 68, 69, WHICH ARE APPOINTMENTS, WHICH I CAN READ INTO THE RECORD NOW.

MAYOR GARCIA: WHY DON'T YOU READ THEM INTO THE RECORD. THERE'S JUST TWO.

ARTS COMMISSION, SUE GRACE, APPOINTMENT COUNCILMEMBER WYNN. COMMUNITY DEVELOPMENT COMMISSION, ROBERT DECKER, APPOINTMENT COUNCILMEMBER GRIFFITH. ITEM NUMBER 70, 71, 72, 73 HAS BEEN POSTPONED TO JULY 11th. 74, 75, 76, 77 WITH THE CHANGES THAT WERE READ INTO THE RECORD EARLIER, AND ITEM 78.

MAYOR GARCIA: 77 WITH THE CHANGES AND 78. 32 AND 33, I THINK THOSE WERE — YEAH, THOSE WERE PULLED.

YEAH.

MAYOR GARCIA: LET ME FIRST ANNOUNCE THAT FOR THOSE OF YOU THAT ARE HERE FOR THE FIRST TIME TO WATCH THIS PROCEEDING OF THE COUNCIL, THAT THE COUNCIL GOES THROUGH EVERY THURSDAY, THIS IS THE PART OF THE AGENDA WHERE ITEMS THAT HAVE BEEN — WHERE THE QUESTIONS HAVE BEEN ANSWERED AND THEY'RE READY TO BE VOTED ON AS PART OF THE CONSENT AGENDA ALL THOSE ITEMS. SO WE'LL BE — WE'LL BE REPEATING THAT — THIS HERE IN JUST A MINUTE, AND THEN WE WILL MAKE A MOTION AND VOTE ON IT. ON ITEM NUMBER 74 SH WHICH IS A CONSENT ITEM, WHICH IS TO APPROVE A RESOLUTION RECOGNIZING AN OFFICIAL IDENTIFICATION OF THE AUSTIN SERVICES AND PROGRAMS, WE HAVE A VERY SPECIAL GUEST HERE, AN OFFICIAL FROM THE GOVERNMENT OF MEXICO, THE CONSUL GENERAL. I WOULD INVITE YOU TO COME TO SAY A FEW WORDS. [ONE MOMENT, PLEASE, FOR CHANGE INNO CARRIERRINGCONNECT 1200

MAYOR GARCIA: ALSO HERE IS HIS ASSISTANT, IF YOU COULD STAND, WE WILL RECOGNIZE YOU. WELCOME, BOTH OF YOU, TO THIS MEETING. WE HAVE SOME FOLKS THAT HAVE SIGNED UP NOT TO SPEAK ON THE CONSENT AGENDA, BUT ON ITEMS THAT ULTIMATELY WOUND UP ON THE CONSENT AGENDA. SO LET ME GO THROUGH. MAYOR PRO TEM, ITEM NO. 20, DO WE HAVE — DO WE HAVE THE — THE RESOLUTION REGARDING THE HOSPITAL DISTRICT? READY, DO WE HAVE THAT ONE READY? OKAY. OKAY. WE HAVE A LOT OF CARDS ON MANY ITEMS HERE. I'M TRYING TO FIGURE IT OUT. ITEM NO. 27, LINDA FINDLEY IS REGISTERED NOT WISHING TO SPEAK, BUT WILL ANSWER QUESTIONS IF NECESSARY FOR THE ORDINANCE AS WRITTEN TODAY. MS. FINDLEY, ARE YOU STILL HERE? DO YOU STILL WANT TO LEAVE IT LIKE THIS, RIGHT? IT'S ON CONSENT, THAT MEANS IT'S GOING TO PASS. 28 IS — NOT A CONSENT ITEM, NEITHER IS 29, NEITHER ARE 32 AND 33. ITEM NO. 50, MR. RICHARD SUTTLE. MR. SUTTLE, WELCOME, SIR.

THANK YOU, MAYOR, MEMBERS OF THE COUNCIL. MY NAME IS RICHARD SUTTLE, I REPRESENT G AND K SERVICES, THE COMPANY THAT THE CONTRACT AWARD IS BEING RESCINDED FROM. IT'S BECAUSE THEY HAVE CHOSEN TO NO LONGER PROVIDE WORKERS' COMP COVERAGE FOR THEIR EMPLOYEES. THE CITY'S RISK MANAGEMENT GROUP HAS A POLICY THAT ANYBODY COMING ON CITY-OWNED PROPERTY NEEDS TO CARRY WORKERS' COMP. G AND K OVER THE YEARS HAS DECIDED, AS MANY COMPANIES HAVE, TO GO TO AN ALTERNATE PROVIDER, WHICH PROVIDES GOOD COVERAGE FOR THEIR EMPLOYEES AND IN G AND K'S OPINION PROTECTS THE CITY. HOWEVER, BECAUSE IT WAS PART OF THE BID PACKAGE AND NOW G AND K DOESN'T PROVIDE THAT, WE UNDERSTAND THAT THE CONTRACT AWARD IS BEING RESCINDED. THE PURPOSE OF MY SIGNING UP TODAY WOULD BE TO ASK THE CITY, ESPECIALLY IN THESE BUDGET TIMES, TO RELOOK AT THAT POLICY BECAUSE I'M PERSONALLY CONVINCED AND MY CLIENT IS CONVINCED THAT THE ALTERNATE COVERAGE THAT THEY PROVIDE THEIR EMPLOYEES, ONE, PROTECTS THEIR COMPANY; AND, TWO, PROTECTS THE CITY. AND IT MAY BE AN INSTANCE WHERE THE CITY COULD SAVE SOME MONEY. PHONES, IF YOU LOOK AT THIS CONTRACT, I THINK MY CLIENT'S BID WAS SOMEWHERE IN THE RANGE OF 35,000. THE NEXT LOWEST WAS 60,000 SOMETHING. BIG DIFFERENCE. NOW THE CITY'S MEMO SAYS THAT IT'S BECAUSE OF THE LACK OF WORKERS' COMP AND THAT'S NOT ALTOGETHER THE — THE FACT OF THE MATTER. BUT IT IS A COMPONENT AND THE PURPOSE TODAY IS TO MAKE YOU AWARE THAT MAYBE THAT — MAYBE YOU OUGHT TO RE-EVALUATE EVERY SO OFTEN THE RISK MANAGEMENT PORTIONS OF THESE BECAUSE WORKERS' COMP IS NOT BEING PROVIDED BY MANY EMPLOYERS NOW, BUT ALTERNATIVE COVERAGE IS. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MR. SUTTLE. MS. CITY MANAGER, DO WE HAVE ANYBODY HERE FROM [INAUDIBLE]

FUTRELL: I THINK THE TWO PEOPLE THAT WE OUGHT TO HAVE EITHER SPEAK WITH RICHARD OR ANSWER YOUR QUESTIONS, WOULD EITHER BE SUE FROM — I ASSUME THAT YOU CAN SPEAK TO THIS — AND THEN JOHN CANALES IS ALSO HERE AND MIGHT HAVE SOME BACKGROUND, ALSO.

MY QUESTIONS HAVE BEEN ANSWERED. STAFF HAS BEEN GREAT MEETING FOR US. THE FACT IS THEY WANT US TO PROVIDE IT. WE ARE NOT GOING TO.

FUTRELL: OH, RICHARD, YOU ARE JUST SO STUBBORN, I TELL YA.

OCCASIONALLY HE EVALUATE THAT OR SOMEBODY LOOK AT IT.

MAYOR GARCIA: OKAY. THANK YOU. MR. BRUBAKER. ON ITEM NEXT 60 IS JIMMY ASTRO. IS MR. CASTRO STILL HERE.

GOOD AFTERNOON MAYOR GARCIA, COUNCILMEMBER, MS. FUTRELL. I'M HERE TO SPEAK ON MY OWN BEHALF, I'VE ALSO SERVED AS A FORMER BOARD MEMBER OF THE CITY OF AUSTIN TRANSPORTATION COMMISSION. I'M HERE TO SPEAK IN SUPPORT OF STATE HIGHWAY 130 AND THE NUMBER ONE REASON WHY WE NEED STATE HIGHWAY 130 IS TO GET THE TRUCK TRAFFIC OFF OF I-35. CURRENTLY, ABOUT FIVE MILLION TRUCKS CROSS THE BORDER ANNUALLY. THE MAJORITY OF WHICH TRAVEL THROUGH TEXAS. STATE OFFICIALS SAID THEY WERE ABLE TO INSPECT ONLY ABOUT ONE PERCENT OF THE TRUCKS. APPROXIMATELY 320 TEXAS DEPARTMENT OF PUBLIC SAFETY TROOPERS CONDUCT ABOUT 85,000 WEIGHT INSPECTIONS EACH YEAR ON MORE THAN 200,000 MILES OF TEXAS HIGHWAYS. ACCORDING TO THE TEXAS TRANSPORTATION INSTITUTE, OVERWEIGHT TRUCKS COST THE STATE OF TEXAS BETWEEN 6 MILLION AND 48 MILLION EACH YEAR IN ROAD DAMAGE. TODAY, A TOTAL OF 80% OF ALL MEXICAN EXPORTS PASS THROUGH THE LONE STAR STATE. 75% OF THOSE EXPORTS TRAVEL UP INTERSTATE 35 THROUGH AUSTIN AND SAN ANTONIO. THANK YOU, MAYOR GARCIA.

MAYOR GARCIA: THANK YOU, JIMMY. THANK YOU, MR. CASTRO. ON ITEM NO. 78, NOTIFICATION REQUIREMENTS FOR WIRELESS COMMUNICATION TOWERS, I HAVE TWO SPEAKERS. MS. BETTY EDGEMOND AND MR. RICHARD SUTTLE. MS. EDGEMOND, WELCOME.

....HIS ITEM IS ON CONSENT SO WE ARE CALLING YOU EARLY.

MY NAME IS BETTY EDGEMOND. I'M VERY INTERESTED IN NOTIFICATION ON THESE — ON THIS CELLULAR TOWERS BECAUSE I HAVE NOTIFICATION RIGHT HERE THAT SAYS SOMEBODY WANTED S.F. 6 ZONING ON COOPER LANE, WHICH IS WHERE I LIVE. S.F. 6 ZONING, AS YOU KNOW, IS KIND OF LIKE A BUFFER, USED AS A BUFFER BETWEEN MORE, YOU KNOW, HEAVY DUTY ROAD OR A — A RESIDENTIAL SINGLE FAMILY RESIDENTIAL AREA, WHICH IS LOVELY. EXCEPT I WAS AT THE FUNERAL FOR REVEREND EVERYHART WHEN THE OWNER OF THE LAND SAID SO YOU ARE GOING TO OPPOSE US ON THIS CELLULAR TOWER. I SAID WHAT CELLULAR TOWER ARE YOU TALKING ABOUT? THIS IS IT. ALL IT SAYS ON HERE IS THIS S.F. 6 TOWNHOUSE AND.

CONNER: RESIDENTS DISTRICT IS INTENDED AS AN AREA FOR MODERATE DENSITY, SINGLE FAMILY DUPLEX, TWO FAMILY TOWNHOUSES, ET CETERA. IT DOESN'T SAY ANYTHING ABOUT CELLULAR TOWERS CAN GO ON HERE. I THINK THAT YOU HAVE TO HAVE A CONDITIONAL USE PERMIT. I NEVER DID FOLLOW. I WISH I HAD, FOLLOWED SO CLOSELY ALL THAT WAS SAID ABOUT CELLULAR TOWERS. BUT ANYWAY, SO I — I IMMEDIATELY CALLED MY COUNCILMEMBER AND SHE IS SO USED TO ME CALLING HER AND BEING TOTALLY INCOHERENT WHEN SOMETHING MAKES ME VERY ANGRY BECAUSE TO THE AVERAGE PERSON GETTING THIS, I MEAN, IT CLEARLY SAYS THAT THEY ARE GOING TO BUILD TOWNHOMES WHICH IS NOT, YOU KNOW, SO BAD. BUT THE FACT THAT A CELLULAR TOWER, NO ONE WAS EVER NOTIFIED OF THAT. THAT WAS — THAT WAS — SO WHEN I SAW THIS ON THE AGENDA TODAY, I SAID THAT I HAVE GOT TO COME, WE HAVE GOT TO CHANGE OUR NOTIFICATION WHEN SOMETHING SO DIFFERENT TO WHAT IS ALREADY THERE, WHICH IS SINGLE FAMILY 2 AND SINGLE FAMILY 4 AND SINGLE FAMILY 3, WE HAVE GOT — WHEN THAT CHANGES, THEN THERE HAS TO BE A DIFFERENT WAY OF NOTIFYING. AND THAT'S BASICALLY ALL THAT I HAVE TO SAY. I JUST WANT DIFFERENT NOTIFICATION. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. EDGEMOND. MR. SUTTLE?

I SHOULD SAY BETTER NOTIFICATION.

MAYOR, MEMBERS OF COUNCIL, MY NAME IS RICHARD SUTTLE. I REPRESENT AT&T WIRELESS. THEY HAVE BEEN BUILDING THEIR SYSTEM OUT FOR MANY, MANY YEARS. AND JUST WANTED TO TELL YOU THAT IN THE EVENT THAT YOU DO CHANGE THE NOTICE REQUIREMENTS, AT&T WIRELESS WOULD BE HAPPY TO PARTICIPATE IN THAT. WE HAVE ALWAYS BEEN A BIG PROPONENT OF MORE NOTICE BECAUSE IN THE 15 YEARS THAT WE HAVE BEEN DOING IT, MORE NOTICE, LESS PROBLEMS. WE WOULD BE HAPPY TO BE A RESOURCE FOR YOU AS THIS PROCESS MOVES ON.

MAYOR GARCIA: THANK YOU, MR. SUTTLE.

GOODMAN: RELATIVE TO THAT ITEM, I WANT TO THANK MR. SUTD TELL FOR COMING — MR. SUTTLE FOR THE HELP THAT AT&T HAS GIVEN US ON THE PREVIOUS EFFORT TO REVISE NOTIFICATION AND OTHER CONSIDERATIONS FOR CELLULAR TOWERS. AND THAT'S WHY I DEFINITELY WANTED MS. EDGEMOND TO KNOW THAT THIS IS NOT THE ONLY ISSUE THAT'S COME UP AND SO WE KNOW, I THINK, THAT WE NEED TO GO BACK AND REVIEW THE AMENDMENT AND FINE TUNE SOME THINGS THAT WE MAY HAVE THOUGHT WERE THE INTENT OF THE CODIFICATION AND WEREN'T IN FACT PART OF WHAT IS IN THE CODE AND REQUIRED. SO THERE'S NO — THERE'S NO — HUM — WHAT KIND OF INTENT SHOULD I SAY HERE? I KNOW THAT PEOPLE ARE ALWAYS SUSPICIOUS WHEN I PUT THIS ON THE AGENDA NOW.

MAYOR GARCIA: I WASN'T.

GOODMAN: EXCEPT THE MAYOR. THERE'S NO INTENT TO HARM ANYONE BUT THERE IS INTENT THAT THE GOOD FAITH EFFORT MADE BY CITIZENS WHO PARTICIPATED IN THE ORIGINAL AMENDMENT PROCESS BE CARRIED OUT IN A FUTURE REVIEW OF THAT PAST AMENDMENT. AND SO I WOULD LIKE MS. EDGEMOND, IF SHE WOULD, TO ALSO CONSIDER BEING A RESOURCE IN THAT WORK GROUP AS IT GETS PUT TOGETHER.

MAYOR GARCIA: UP AND DOWN LIKE THIS, BETTY. [ LAUGHTER ] THANK YOU. MAYOR PRO TEM, ITEM NO. 20, THEY REDRAFTED THE RESOLUTION. THEY PUT IN ALL THE REVISIONS THAT YOU AND I TALKED ABOUT. SO CAN YOU READ THE OPERATIVE PART?

YES, MAYOR. WE ADDED ONE WHEREAS AND THIS IS ABOUT THE HEALTH DISTRICT HEALTH CARE DISTRICT OR OTHER MECHANISM THAT HAS BEEN DISCUSSED IN PUBLIC LATELY. THE CITY HAS ALSO BEEN WORKING ON AN EFFORT TO CRAFT WHAT WE NEED FOR — FOR MORE REGIONAL AND MORE EFFICIENT HEALTH CARE FINANCING. SO THE EXTRA WHEREAS IS TO ACKNOWLEDGE THAT THE PROVISION OF MENTAL HEALTH CARE SERVICES AND PROGRAMS HAS BEEN SEVERELY LACKING IN THE STATE OF TEXAS, DUE TO STEADY DECREASES IN SUPPORT AND FUNDING TO STATE AGENCY PROVIDERS. THEN WE ADDED IN SOME OF THE GOALS THAT WE WILL BE WORKING ON AS A CITY, AND THAT'S CHARACTERIZED BY THE SECOND PARAGRAPH IN THE THEREFORE BE IT RESOLVED. THE FIRST HAD SAID CONTINUE TO WORK WITH THE TECHNICAL ADVISORY COMMITTEE IN TRAVIS COUNTY — AND TRAVIS COUNTY OFFICIALS AND APPRISE THE CITY COUNCIL OF OPTIONS THE TECHNICAL ADVISORY COMMITTEE DEVELOPS REGARDING FINANCING AND HEALTH CARE DELIVERING MECHANISMS, THAT THE CITY MANAGER SHALL INITIATE A WORKING GROUP WITH TRAVIS COUNTY TO DEVELOP A PLANNED MECHANISM FOR HEALTH AND MEDICAL CARE THAT SUPPORTS THE CITIZENS OF AUSTIN AS BENEFICIARIES OF PUBLIC HEALTH FACILITIES AND AS — CARE AS OWNERS OF THE ... AND THAT THE CITY MANAGER SHALL PROVIDE INFORMATIONAL PRESENTATIONS FOR ALL POSSIBLE COMMUNITY GROUPS TO PASS ON INFORMATION TO THEM ABOUT PRACTICAL IMPACTS AND SERVICE CONTINUATION UNDER PROVISIONS OF VARIOUS HOSPITAL AND HEALTH CARE DISTRICT ALTERNATIVES. AND I THINK THAT — I THINK THAT IS ALL THE CHANGE. THE ISSUE BEING THAT BECAUSE IT'S VERY EASY TO — TO COME UP WITH THE CITIZENS PETITION, TO PUT AN ITEM ON A COUNTY ELECTION, FOLKS IN THIS COUNTY WILL BE ASKED TO VOTE ON SOMETHING THAT'S VERY SIGNIFICANT AND MAY IMPACT THE CARE AND PROGRAMS THAT THE CITY PROVIDES FOR ITS CITIZENS RIGHT NOW. AND WE ARE WORKING ON THE — THE GOALS THAT WE WERE ALREADY WORKING ON BEFORE THAT IDEA CAME UP AND WE ARE NOW TRYING TO INCORPORATE THE NEEDS AND CONCERNS THAT GENERATED THAT PROPOSAL INTO WHAT WE WERE ALREADY DOING.

MAYOR GARCIA: [INAUDIBLE - NO MIC] ITEM 20 IS BACK ON THE CONSENT AGENDA.

GOODMAN: YES, SIR.

MAYOR GARCIA: WITH THE ADDITIONAL INTRODUCTORY PARAGRAPH THAT THE MAYOR PRO TEM READ INTO THE RECORD. AND ALSO THE CHANGES IN THE OPERATIVE PART OF THE RESOLUTION. IF ANYBODY WANTS COPIES, STAFF MEMBERS CAN PROVIDE THAT. DOES ANYBODY WANT COPIES OF THIS RESOLUTION? OKAY. HERE WE GO AGAIN. IT'S A LONG AND COMPLICATED AGENDA, BUT I WILL GET THERE. JUST GIVE ME A LITTLE BIT OF TIME. THE CONSENT AGENDA IS AS FOLLOWS: ITEM NO. 20, WHICH HAS BEEN ADDED TO THE CONSENT AGENDA, ITEM NO. 21, 22, 23, 25, 26, 27, PREVIOUSLY WE HAD SAID 28 AND 29, BUT THOSE TWO ITEMS WERE LATER ANNOUNCED WERE PULLED BY COUNCILMEMBER WYNN. 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, WHO PULLED 47? 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 64, WHO PULLED 65? COUNCILMEMBER SLUSHER? CONSENT FOR POSTPONING INDEFINITELY ON 65. 66, 67, 68, 69 WITH THE APPOINTMENTS THAT WERE READ INTO THE RECORD BY THE CITY CLERK. 70, 71, 72, 73, 74, 75, 76, 77, 78. THOSE ARE ALL OF THE CONSENT ITEMS.

ALVAREZ: MAYOR?

MAYOR GARCIA: JUST A SECOND, COUNCILMEMBER.

ALVAREZ: SURE.

MAYOR GARCIA: 82 AND 83 HAVE BEEN POSTPONED UNTIL JUNE 27th ? JUNE 27th AT 6:00. 80 IS POSTPONED TO JULY 18, SO IS 81. 82 IS POSTPONED TO JUNE 27th AT 6:00 P.M. THE OTHER ITEMS, 84, 85, 86, ARE PUBLIC HEARINGS WHICH WE WILL TAKE UP AT 6:00. IS THERE A MOTION ON THE CONSENT AGENDA? COUNCILMEMBER SLUSHER?

SLUSHER: I WANTED TO MAKE A COUPLE OF COMMENTS.

ALVAREZ: SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER. SECONDED BY COUNCILMEMBER ALVAREZ ON THE CONSENT AGENDA. I WANT TO SAY THAT ON ITEMS NUMBER 71 AND 72, THESE ARE NOT FEE WAIVERS, THESE ARE COME SPONSORED ITEMS THAT — THAT THE COUNCIL ROUTINELY CO-SPONSORS YEAR IN, YEAR OUT. I WANT TO BE SHOWN AS ABSTAINING ON ITEM NO. 70. COUNCILMEMBER SLUSHER, DID YOU HAVE AN ITEM THAT YOU WANTED TO ABSTAIN — THAT'S NOT ON THE CONSENT AGENDA?

SLUSHER: ACTUALLY, MAYOR, I DO. ONE OF THE ZONING CASES, NUMBER 29, I NEED TO ABSTAIN. IF THAT'S STILL ON THE CONSENT.

MAYOR GARCIA: 29 HAS BEEN PULLED BY COUNCILMEMBER WYNN.

SLUSHER: I JUST WANTED TO MAKE SURE.

MAYOR GARCIA: THERE'S A MOTION BY COUNCILMEMBER SLUSHER —

SLUSHER: BUT I DO WANT TO COMMENT ON A COUPLE OF CONSENT ITEMS. I'M SORRY, I THOUGHT THAT YOU WERE GETTING READY TO CALL THE ROLL.

MAYOR GARCIA: I NEED SOME PUSHING EVERY ONCE IN A WHILE. COUNCILMEMBER SLUSHER?

SLUSHER: OKAY. WELL, THANK YOU, MAYOR. FIRST OF ALL, ON NUMBER 77, THE ENERGY AUDITS FOR LOUD MUSIC VENUES, COUNCILMEMBER WYNN BEING THE LEAD SPONSOR ON THAT ONE, BUT I WANTED TO POINT OUT THAT THIS IS A PILOT, A PILOT PROGRAM, IN DISCUSSIONS WITH DIFFERENT MEMBER OF OUR STAFF, BOTH AUSTIN ENERGY AND THE MUSIC LIAISON FOLKS, THAT WE NEED TO ONLY EMPHASIZE THE PILOT PROGRAM, I WANT TO FIRST SIGH HOW IT GOING TO WORK, WE MIGHT COME BACK AND MAKE IT LARGER IN THE FUTURE. I HOPE WE CAN. IN THE MEANTIME, HOWEVER, THAT WE ARE GOING TO HAVE OUR STAFF, JIM BUTLER WORKS A LOT WITH THE MUSIC COMMUNITY IN ADDITION TO MANY OF HIS OTHER DUTIES. WOULD SUGGEST THAT HE WORK WITH OUR AUSTIN ENERGY — WITH AUSTIN ENERGY, OUR ELECTRIC UTILITY, TO PUBLICIZE THE PROGRAMS THAT WE ALREADY HAVE AVAILABLE SO THERE MIGHT BE MORE LIVE MUSIC VENUES THAT COULD FIT INTO THIS THROUGH THE EXISTING PROGRAMS AS WELL. THEN I WANTED TO COMMENT ON 76. THE ITEM ABOUT FINDING THE WORST POLLUTION SOURCES OF BARTON SPRINGS. WE TALKED ABOUT THIS A LITTLE BIT LAST WEEK. BUT I HAVE WORKED WITH THE STAFF EXTENSIVELY ON THIS ALREADY. I WILL CONTINUE TO DO SO AS THEY COME BACK WITH A — WITH A PROGRAM. BUT I THINK MOST PEOPLE REALIZE THAT THE CITY HAS HAD A TREMENDOUS FOCUS, TREMENDOUS EFFORT ON PROTECTING BARTON SPRINGS, THE SAVE OUR SPRINGS ORDINANCE, THE LAND ACQUISITION PROGRAM WHICH HAS BOUGHT THOUSANDS OF ACRES, PRESERVED THOUSANDS OF ACRES FOR WATER QUALITY PROTECTION RECREATION, SUCCESSFUL PROGRAMS TO STEER DEVELOPMENT OFF THE EDWARD'S AQUIFER, AND TO THE DESIRED DEVELOPMENT ZONE. AND — BUT STILL, WE HAVE SEEN MORE POLLUTION IN BARTON SPRINGS AND OUR CREEKS AND A LOT OF THAT IS DUE TO THE STATE GRANDFATHERING LAWS AND JUST TO THE GROWTH OF THE CITY. AND — BUT A LOT OF THOSE PROGRAMS THAT I JUST MENTIONED BEFORE WERE ALL AIMED AT PREVENTING FUTURE POLLUTION. WE HAVE SOME PROGRAMS THAT ARE ALSO AIMED AT — AT CLEANING UP EXISTING POLLUTION, BUT I THINK THOSE NEED TO BE STRENGTHENED AND REALLY FOCUSED. A NEW FOCUS ON THEM, THAT'S THE GOAL, THAT'S WHAT THIS PROGRAM IS ABOUT, IS ABOUT CLEANING UP THE EXISTING POLLUTION OF BARTON SPRINGS, FIRST FINDING WHAT ARE THE TOP SOURCES OF POLLUTION, AND THEN DECIDING WHAT'S THE BEST WAY TO CLEAN THAT UP. AND I THINK THAT'S GOING TO TAKE A LOT OF DIALOGUE IN THE COMMUNITY, IT'S GOING TO TAKE SOME MORE — MORE WORK BY OUR CITY STAFF TO FIND THESE AND HOPEFULLY WITH OTHER — WITH OTHER PUBLIC ENTITIES. BUT ALL THAT I'M CALLING FOR TODAY IS FOR THE CITY STAFF TO COME BACK AND TALK ABOUT HOW WE CAN REACH THESE GOALS OF IDENTIFYING WHAT ARE THE TOP POLLUTION SOURCES, PUBLICIZING WHAT THOSE ARE, NARROWING IT DOWN AS MUCH AS POSSIBLE, BECAUSE IN A LOT OF CASES WE AREN'T GOING TO BE ABLE TO SINGLE IT DOWN OR GET IT DOWN TO A SINGLE PROPERTY. SAY HERE'S WHERE IT'S COMING FROM. IT MIGHT BE A WIDER AREA. I WOULD LIKE TO SEE IT NARROWED DOWN AS MUCH AS POSSIBLE. SOME OF THIS INFORMATION WE ALREADY HAVE FROM DIFFERENT REPORTS SO THE STAFF CAN IT FIRST PUT THIS TOGETHER, SEE WHAT WE HAVE IN WORK THAT WE HAVE ALREADY DONE. SO I — BUT I REALLY WANT TO MAKE IT CLEAR THAT FIRST OF ALL, THIS PROGRAM, I THINK, CAN RESULT IN A CLEANER BARTON SPRINGS, BUT I'M ALSO ACUTELY AWARE OF THE BUDGET SITUATION THAT THE CITY FACES AND RESULTING FROM THAT THE WORKLOAD ON OUR STAFF. SO WE ARE GOING TO TRY TO DO THIS WITHIN EXISTING RESOURCES AND I THINK LIKE WE DID WITH THE NATIVE PLANTS PROGRAM WHERE WE, WHICH DOES THE SAME THING, TRIES TO DECREASE POLLUTION BY ENCOURAGING PEOPLE TO USE NATIVE PLANTS WHICH REQUIRE LESS WATER AND HOPEFULLY LITTLE, IF ANY, CHEMICALS. THAT HELPS TO CLEAN UP OUR WATERWAYS AS LARGE. WE DID THAT LARGELY, BUT NOT ENTIRELY WITHIN EXISTING RESOURCES. MY GOAL IS TO DO THAT WITH THIS PROGRAM, TOO, BECAUSE OF THE BUDGET SITUATION AND THE WORKLOAD ON OUR STAFF.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. ON ITEM NO. 75, APPROVE RESOLUTION OF CITY COUNCIL MEMBERS TO THE CAPITAL METRO TRANSPORTATION AUTHORITY, I NEED A NAME, SO I WILL RECOGNIZE COUNCILMEMBER ALVAREZ FOR A MOTION AND THEN I WILL NEED A SECOND ON THAT ONE. ALSO I WILL RECOGNIZE COUNCILMEMBER.

ALVAREZ: ON — COUNCILMEMBER ALVAREZ ON ITEM NO. 74 FOR COMMENTS. COUNCILMEMBER ALVAREZ, DO YOU WANT TO TAKE UP 74 FIRST AND 75 SECONDS THAT WILL BE FINE.

ALVAREZ: THANKS, MAYOR, I DID WANT TO SAY A LITTLE BIT ABOUT THE ITEM THAT YOU REFERRED TO EARLIER. WE RECOGNIZE THE CONSUL GENERAL HERE WITH US TODAY. AND ALSO I WANT TO THANK ALSO THE OTHER PERSON FROM THE CONSULS OFFICE FOR BEING WITH US AND HELPING US WITH THIS PARTICULAR EFFORT WHERE THERE'S BEEN A LOT OF COMMUNITY INPUT AND CONCERNS, I GUESS, RAISED TO — TO THE COUNCIL ABOUT — ABOUT THIS WHOLE ISSUE OF THE IDENTIFICATION, YOU KNOW, FOR — FOR — PARTICULARLY IN THIS CASE FOR FOLKS OF MEXICAN ANSWER SAYSRY THAT ARE HERE IN THIS — ANCESTRY THAT ARE HERE IN THIS COUNTRY. BASICALLY WHAT THE RESOLUTION DOES IS SAYS THAT THE LA MATRICULAR CONSULAR, WHICH IS A FORM OF IDENTIFICATION ISSUED BY THE MEXICAN CONSULATE HERE, IT'S ISSUED IN ABOUT 46 DIFFERENT STATES, I BELIEVE, THAT HAVE THESE KINDS OF OFFICES, BUT BASICALLY WHAT THIS DOES IS IT ACKNOWLEDGES THAT — THE CITY ACKNOWLEDGES WITH THIS RESOLUTION THAT THAT IS A SAFE AND RELIABLE FORM OF IDENTIFICATION AND PART OF THE — THERE WAS A LOT OF DIFFERENT REASONS WHY THAT'S IMPORTANT. ONE IS FOR — AGAIN, ONE OF THE REASONS THAT — THAT TO PROVIDE IDENTIFICATION, I THINK A LOT OF TIMES WHEN SOMEONE IS APPROACHED BY A POLICE OFFICER OR SOME KIND OF AUTHORITY, SOMETIMES IF YOU DON'T HAVE SOME KIND OF FORM OF IDENTIFICATION, THERE'S A PRESUMPTION THAT YOU ARE DOING SOMETHING WRONG OR YOU ARE HOLDING OUT OR SOMETHING. THIS PROVIDES AN OPPORTUNITY WHERE THE CITY RECOGNIZES THIS FORM OF IDENTIFICATION AND OUR POLICE OFFICERS CAN READILY IDENTIFY IT THAN — IT GIVES ANOTHER MEASURE OF SECURITY TO THOSE INDIVIDUALS THAT ARE MEMBERS — MEMBERS OF OUR COMMUNITY AND IT HELPS TO ENSURE AGAIN THAT THERE IS SOME CULTURAL IDENTITY AND CULTURAL PRIDE AND — IN BEING IN THIS PARTICULAR COUNTRY AND THAT YOU ARE RECOGNIZING VALUED MEMBERS OF OUR COMMUNITY. AND YOU CAN — AND WE PREVIOUSLY THE CITY COUNCIL HAD ADOPTED A RESOLUTION MAKING THIS COMMUNITY A SAFETY ZONE WHERE ALL INDIVIDUALS, ALL RESIDENTS WOULD BE TREATED EQUALLY REGARDLESS OF IMMIGRATION STATUS. SO THAT THEY COULD LIVE WITH RESPECT AND DIGNITY AND THIS IS ANOTHER WAY OF US MOVING — TAKING IT A STEP FORWARD. AND THIS ORIGINALLY RELATES TO — TO AN ACTION THAT WE TOOK ABOUT A YEAR AGO WHERE — WHERE THE POLICE DEPARTMENT WORKED WITH — WITH THE BANKING INSTITUTIONS AND WITH THE MEXICAN CONSULATE OFFICE AND WITH COMMUNITY ORGANIZATIONS, A LOT OF WHICH ARE REPRESENTED TODAY HERE WITH US, WHO WERE ASKING THE FINANCIAL INSTITUTIONS TO ACCEPT THE LA MATRICULAR CONSULAR AS A FORM OF IDENTIFICATION IN TERMS OF OPENING BANK ACCOUNTS. I THINK THERE'S SOME THINGS THAT WE ALL TAKE FOR GRANTED THAT WE CAN DO. IF YOU DON'T HAVE A FORM OF IDENTIFICATION, RECOGNIZED BY THE BANKING INSTITUTIONS, THEN YOU CAN'T OPEN A BANK ACCOUNT, WHICH MEANS THAT YOU HAVE TO — TO HAVE ALL OF YOUR CASH WITH YOU OR IN YOUR HOUSE AND — WHICH HAS CREATED A LOT OF PROBLEMS IN TERMS OF CRIMES AGAINST IMMIGRANTS BECAUSE THERE'S FOLKS OUT THERE WHO HAVE TAKEN ADVANTAGE OF THIS AND — AND TARGETED, YOU KNOW, THIS PARTICULAR POPULATION FOR THEFT AND ASSAULTS. AND SO — SO IT WAS — IT WAS PROBABLY MORE THAN A YEAR AGO WHEN WE MADE THE ANNOUNCEMENT THAT ONE INSTITUTION HERE IN PARTICULAR, WELLS FARGO, WAS GOING TO TAKE THE LEAD AND ACCEPT THE LA MATRICULAR CONSULAR AS A VALID FORM OF IDENTIFICATION. SINCE THEN THOUSANDS AND THOUSANDS OF PEOPLE HAVE OPENED ACCOUNTS AND WE WANT TO THANK WELLS FARGO FOR THEIR LEADERSHIP AND THERE'S OTHER LOCAL INSTITUTIONS THAT HAVE TAKEN THAT ON. I HAVE A REPORT HERE IN FRONT OF ME FROM THE FEDERAL RESERVE BANK THAT TALKS ABOUT THIS ISSUE AND RECOGNIZES AUSTIN FOR ITS EFFORTS IN MAY OF 2001, PARTICULARLY WELLS FARGO FOR BEGINNING TO ACCEPT THE LA MATRICULAR CONSULAR AND BASIC SINCE THEN A LOT OF OTHER CITIES LIKE CHICAGO AND LOS ANGELES, DALLAS, FORT WORTH, AND AT LEAST SIX FINANCIAL INSTITUTIONS, WELLS FARGO, SEWER TEE BANK, CITY BANK, CREDIT UNION, FIRST STATE BANK, A LOT OF CREDIT INSTITUTIONS ARE STARTING TO GO DOWN THAT ROAD. I WANT TO THANK EVERYBODY PERSONALLY WHO HAS WORKED ON THIS. OUR OWN POLICE DEPARTMENT FOR TAKING AN AGGRESSIVE STANCE AND BEING AGGRESSIVE IN TERMS OF FINDING OTHER OPTIONS FOR THESE MEMBERS OF OUR COMMUNITY SO THEY ARE NOT TARGETED FOR THESE KIND OF CRIMES AND. BASICALLY JUST WANTED TO GIVE THE OPPORTUNITY AT LEAST FOR THE FOLKS WHO ARE WITH US HERE TO INTRODUCE THEMSELVES AND MAYBE MAKE A BRIEF STATEMENT OR IF YOU JUST WANT TO WAVE. BUT IF YOU DO WANT TO AT LEAST COME AND SAY WHO YOU ARE REPRESENTING, IF YOU WANT TO MAKE VERY BRIEF STATEMENTS, I THINK THAT WOULD BE APPRECIATED BECAUSE THIS IS A COMMUNITY EFFORT AND IT'S AN EFFORT THAT HAS PROVIDED A LOT OF GOOD THINGS IN A — REALLY POSITIVE OUTCOMES FOR A GREAT MANY MEMBERS OF OUR COMMUNITY. SO I GUESS AT THAT POINT, MAYOR, I DON'T KNOW — IF IT'S APPROPRIATE TO ASK THEM TO — TO AT LEAST INTRODUCE THEMSELVES. IF THEY WOULD LIKE TO.

MAYOR GARCIA: THOSE OF YOU THAT ARE HERE ON THE ITEM THAT WE HAVE BEEN DISCUSSING, ITEM NO. 74, IF YOU COULD JUST STAND AND BE RECOGNIZED.

THANK YOU VERY MUCH. THIS IS — AS I EXPLAINED, THIS IS VERY IMPORTANT FOR US. ON BEHALF OF THE MEXICAN GOVERNMENT I WANT TO THANK THE CITY OF AUSTIN FOR THIS RECOGNITION. THEN — THE MEXICAN WORKERS THROUGH THIS RESOLUTION, THAT WITH MANY HONORABLE MEXICAN CITIZENS TO IDENTIFY THEMSELVES, MAYOR GARCIA, COUNCILMEMBER ALVAREZ AND COUNCILMEMBER SLUSHER, THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MR. SANCHEZ VENTURA, THANK YOU VERY MUCH. THEN ON ITEM NO. 75, COUNCILMEMBER ALVAREZ, DO YOU HAVE A NAME AND A MOTION?

THIS WILL BE CAPITAL METRO?

MAYOR GARCIA: CAPITAL METRO?

ALVAREZ: I THINK THAT I WAS GOING TO MOVE THAT WE APPOINT COUNCILMEMBER THOMAS. AS ONE OF THE REPRESENTATIVES ON THE — ON THE CAPITAL METRO BOARD.

MAYOR GARCIA: DO WE ALSO NEED TO APPOINT, REAPPOINT COUNCILMEMBER SLUSHER, CITY ATTORNEY? HE'S ALREADY ON THAT BOARD.

SLUSHER: I THINK MY TERMS GOES UNTIL NEXT YEAR.

MAYOR GARCIA: UNTIL YOU DECIDE THOUGH THE TO SERVE.

SLUSHER: IT'S NOT INDEFINITE, I THINK THAT I HAD A TWO-YEAR TERM APPEARED WAS JUST REAPPEAR POINTED LAST YEAR — REAPPOINTED LAST YEAR, I BELIEVE.

MAYOR GARCIA: WE MADE IT SO IF WE HAD TO REAPPOINT YOU, YOU WOULD.

SLUSHER: DOES THAT MEAN THAT YOU WOULD BE ADDING ANOTHER YEAR TO MY SENTENCE?

APPARENTLY COUNCILMEMBER SLUSHER DOESN'T NEED TO BE REAPPOINTED, HIS TERM IS STILL — DOES NOT.

MAYOR GARCIA: SO THE MOTION BY COUNCILMEMBER ALVAREZ TO BE INCLUDED IN THE CONSENT AGENDA IS TO APPOINT COUNCILMEMBER DANNY THOMAS TO THE BOARD OF CAPITAL METRO. IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH.

ALVAREZ: I WOULD NOTE THE REASON THAT WE ARE TAKING THAT ACTION IS BECAUSE COUNCILMEMBER GRIFFITH HAS WELL REPRESENTED THE CITY IN THAT POSITION, NO SHE WILL NO LONGER BE IN THAT POSITION. SO WE WOULD — WE WOULD JUST — LOOKING FORWARD TO MAKE SURE THAT WE HAVE REPRESENTATION ON THAT BODY. THANK YOU, COUNCILMEMBER GRIFFITH, FOR YOUR SERVICE. [ APPLAUSE ]

MAYOR GARCIA: YOU ARE GETTING A LOT OF APPLAUSE. I DIDN'T GET THIS THE LAST TIME I LEFT THIS COUNCIL.

SLUSHER: I'M SORRY, I NEGLECTED TO MENTION ONE OR TWO THING, VERY SHORTLY. ONE THAT I WAS TALKING ABOUT THE CITY'S EXISTING PROGRAMS TO PREVENT POLLUTION AND THERE'S A NUMBER, THERE'S A HOTLINE THAT PEOPLE CAN CALL, YOU DON'T HAVE TO WAIT ON THIS PROGRAM IF YOU KNOW OF SOMEWHERE THAT IS PUTTING POLLUTION INTO ANY OF OUR CREEKS, NOT JUST IN BARTON SPRINGS ZONE. THAT NUMBER IS 974-2550. 974-2550. AND I JUST WANTED TO REITERATE THAT WE ARE LOOKING FOR ANY — WHEREVER THIS — THIS — WHAT POLLUTION SOURCES ARE, WE WANT TO KNOW WHAT THEY ARE. THANK YOU, THAT'S ALL THAT I HAVE. I THINK WE CAN VOTE NOW.

GOODMAN: NO.

SLUSHER: NO.

GOODMAN: MAYOR, I HAD TWO QUICK COMMENTS, ALSO, ABOUT COUNCILMEMBER SLUSHER'S ITEMS AND HOW THEY TIE INTO OTHER POSSIBLE —

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: THANK YOU. ON NUMBER 76, WHICH IS THE POLLUTERS OF BARTON SPRINGS AND TRACKING THAT DOWN, THE — THE BARTON SPRINGS-EDWARD'S AQUIFER CONSERVATION DISTRICT IS GOING FOR A GRANT, A STATE GRANT, AND LOOKING FOR MATCHING FUNDS IN COMING TOGETHER WITH A HABITAT PLAN, WHICH IS IN ESSENCE A WATER QUALITY PLAN FOR THE AQUIFER. AND I THINK THAT THIS MAY, THEY DEFINITELY WANT THE CITIES INVOLVED ALONG WITH EVERYBODY ELSE. THEY ARE TRYING TO PARTNER WITH ALL AVAILABLE PARTNERS TO MOVE FORWARD ON THIS. THIS PARTICULAR ITEM FROM COUNCILMEMBER SLUSHER, ALVAREZ, I'M ON THERE, TOO, [ LAUGHTER ], AND ME, COULD APPLY AS SOME OF THE MATCHING FUNDS, I THINK, THAT THE STATE WILL NEED TO AWARD THAT GRANT AND SO I JUST WANTED TO MAKE THAT POINT THAT WE LOOK INTO WHAT WE CAN USE IF NOT CASH AS MATCHING AND THAT ON THE CAMPAIGN TRAIL RECENTLY THAT WAS DEFINITELY AN ISSUE. THE PLAN FOR THE AQUIFER. AND THIS IS PERHAPS A WAY TO MOVE FORWARD ON THAT. ON NUMBER 77, MY THANKS ALSO TO COUNCILMEMBER SLUSHER AND WYNN FOR BRINGING UP THE ENERGY AUDIT AND OUTREACH PAM FOR THE MUSIC VENUE AND I WOULD LIKE TO SEE IF THERE'S A WAY FOR US TO DOUBLE THAT UP WITH SOME SORT OF ACCOMMODATION FOR SOUND PROOFING, PERHAPS IN CONJUNCTION WITH THE — WITH THE SMALL MUSIC LOAN FUNDS THAT WE HAVE IN THAT — THAT PROGRAM HAS BEEN VERY GOOD, NO DEFAULTS THAT I KNOW OF. IT'S ALWAYS BEEN PAID BACK AND SO THE FUNDS ARE SAFE. THAT MAY ALSO CONTRIBUTE TO A BETTER RELATIONSHIP BETWEEN SOME FOLKS WHO LIVE CLOSE TO MUSIC VENUES. SO I'M HOPING THAT BECAUSE THE — BECAUSE THE MATERIALS USED IN THE CON — AND THE CONCEPTS USED ARE VERY SIMILAR IN SOUND BUFFERING AND ENERGY, WEATHER BUFFERING, THAT WE CAN LOOK INTO THAT AS WELL. THAT WOULD BE FOR AUSTIN ENERGY TO — TO LOOK AT AND SEE. I'M SURE THEY HAVE THE EXPERTISE.

MAYOR GARCIA: THANK YOU. FURTHER COMMENTS?

WYNN: YES, MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: I'M SORRY THIS IS DRAGGING ON. REAL BRIEFLY ON ITEMS NUMBER 35 AND 36, ON THE CONSENT AGENDA, AS WE GO INTO THESE VERY DIFFICULT BUDGET DISCUSSIONS THIS SUMMER, THERE'S BEEN A LOT OF COMMENT ABOUT HOW MUCH MONEY WE SPEND ON PUBLIC SAFETY, SO HOW LARGE OUR A.P.D. BUDGET IS, AS AN EXAMPLE. COMPARING THAT TO SOCIAL SERVICES AND OTHER THINGS THAT WE ARE TRYING TO DO, I WOULD LIKE FOR FOLKS TO NOTE THAT ITEMS NUMBER 35 AND 36 IS ABOUT THREE-QUARTERS OF A MILLION IN TWO — IN TWO IMPORTANT CONTRACTS WITH TWO IMPORTANT COMMUNITY PARTNERS. THE AUSTIN AREA INTERRELIGIOUS MINISTRIES AND THE AUSTIN AREA URBAN LEAGUE TAKEN OUT OF A.P.D.'S BUDGET. SO IN FACT THIS IS A — ONE OF MANY EXAM..... EXAMPLES WHERE IT'S PUBLIC SAFETY DOLLARS FROM THE GENERAL FUND, BUT IN FACT WE ARE SPENDING THEM VERY WISELY, IN MY OPINION, IN PARTNERSHIP WITH SEVERAL COMMUNITY PARTNERS IN ADDRESSING SORT OF THE SOCIAL ASPECT OF, YOU KNOW, CRIME PREVENTION AND JUST BETTER SERVICE FOR OUR COMMUNITY. I JUST WANT TO POINT OUT THAT ALL OF OUR PUBLIC SAFETY DOLLARS AREN'T, YOU KNOW, SQUAD CARS OR FIRE TRUCKS. IN FACT WE SPEND A LOT OF THOSE DOLLARS ON IMPORTANT ISSUES LIKE THIS. IF I CAN FURTHER ABUSE THE — THE GENDER RIGHT NOW, I DO WANT TO PLUG A QUICK COMMERCIAL. NEXT WEDNESDAY THE SOUTH AUSTIN CULTURE CLUB IS HAVING ITS BIG LUNCH AT 11:30, THE MAYOR PRO TEM IS THE LEAD SPEAKER. THAT'S MILLER CROCKETT BED AND BREAKFAST DOWN AT 112 ACADEMY. IF YOU ARE A SOUTH AUSTIN CULTURE FAN, SWING BY THE LUNCH AT 11:30 NEXT WEDNESDAY. THANK YOU.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER WYNN AND COUNCILMEMBER THOMAS.

THOMAS: . THANK YOU, VERY MUCH, MAYOR. FIRST OF ALL I WANT TO THANK MY COLLEAGUES FOR APPOINT ACCOUNTING ME TO THE — APPOINTING ME TO THE CAPITAL METRO BOARD. AND A LOT OF THE COMMUNITY WAS CONCERNED ABOUT REPRESENTATION. I DO SAY THIS, I THINK IT'S NO SECRET, I WAS THE ONLY COUNCILMEMBER THAT VOTED AGAINST LIGHT RAIL. I HAD AN OPPORTUNITY TO MEET WITH MR. ALMAN THIS MORNING ABOUT RAPID TRANSIT AND MR. AUSTEN LIBRACH. I THINK THAT THE APPROACH THAT THEY ARE STARTING OUT WITH IS A POSITIVE APPROACH. BUT LIKE I TOLD THEM THIS MORNING, I DO WANT TO MAKE SURE THAT THE COMMUNITY AND THE BUSINESS COMMUNITY IS VERY AWARE OF WHAT'S GOING ON AND HOW IT WOULD AFFECT THEM AND HOW WE CAN WORK WITH THE COMMUNITY. I'M LOOKING FORWARD TO SERVING ON THE BOARD AND IT'S AN HONOR TO BE THERE. ALTHOUGH I'M NOT — I'M GOING TO TRY TO DO AS COUNCILMEMBER GRIFFITH DID, I DO HAVE SOME EXPERIENCE WITH TRANSPORTATION, I WORKED THERE WHEN IT WAS AUSTIN TRANSIT. I'M LOOKING FORWARD TO WORKING ON THE BOARD. THANK YOU VERY MUCH, COUNCIL.

MAYOR GARCIA: FURTHER COMMENT ON THE CONSENT AGENDA?

MR. MAYOR, THERE IS ONE ITEM THAT DOES NEED TO BE REMOVED FROM THE CONSENT, ITEM NO. 68. IT WAS READ INTO THE CHANGES AND CORRECTIONS TO BE REMOVED. THE APPLICANT REQUESTED TO BE — TO HAVE THIS HEARING REMOVED. AND POSTPONED INDEFINITELY.

MAYOR GARCIA: 68?

YES.

MAYOR GARCIA: SAY THAT AGAIN?

UNDER CHANGES AND CORRECTION, THE CHANGE WAS THE APPLICANT REQUESTED THAT THIS ITEM BE REMOVED FROM THE AGENDA.

MAYOR GARCIA: OKAY. SO 68 WILL NOT — IS CONSENT TO BE REMOVED FROM THE AGENDA.

RIGHT.

MAYOR GARCIA: AT THE REQUEST OF THE APPLICANT?

YES.

MAYOR GARCIA: ANY OTHER CHANGES? IS THAT IT?

THAT'S IT.

MAYOR GARCIA: OKAY. AND ALSO IN THIS CONSENT AGENDA, MR. NEWMAN, WE ARE TAKING THE 2:00 P.M. TIME CERTAIN ITEM AS A CONSENT ITEM. OKAY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO.? MOTION CARRIES ON A VOTE OF 7 TO 0. ALL THE COUNCILMEMBERS ARE HERE. OKAY. WE ARE TO THE 3:00 TIME CERTAIN AT THIS TIME. I WANT TO SAY A FEW WORDS OF INTRODUCTION. FIRST TO THANK THE MEMBERS, IF AT LEAST THREE OF THEM COULD COME AND SIT AT THIS TABLE, MAYBE WE CAN PUT SOME MORE CHAIRS, I THINK THERE'S FIVE OF THEM HERE. LET ME INTRODUCE THEM TO YOU, THIS IS THE MAYOR'S COMMITTEE ON K THROUGH 12 EDUCATIONAL EXCELLENCE THAT WAS APPOINTED THIS PAST WINTER. FOR THE LAST FOUR OR FIVE MONTHS, THEY HAVE BEEN WORKING TO DEVELOP POLICY RECOMMENDATIONS TO THE AUSTIN INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES. HERE WITH US TODAY — I WANT TO MAKE SURE THAT I HAVE EVERYBODY THAT'S HERE. GET THE REPORTED FIRST, THERE YOU GO. ALL YOU HAVE A REPORT THAT LOOKS LIKE THIS. THE CHAIRPERSON MR. RAFAEL QUINTANILLA. FROM GULLET ELEMENTARY SCHOOL, THE DISTINGUISHED PRINCIPAL, MR. SANDY LEVY. FROM LULAC, MS. OLGA, MRS. OLGA CUELLAR. ACTIVE IN MY NEIGHBORHOOD, IN THE L.B.J. HIGH SCHOOL AND OTHER FEEDER PATTERN SCHOOLS TO L.B.J., MS. STELLA ROLAND. AND MS. — FROM THE — A VERY ACTIVE EDUCATOR IN THE ASIAN MAN COMMUNITY, MS. LYNN WYN, ANN LI. NOT HERE TODAY IS — NOT HERE TODAY IS MS. TAMMIE SMITH WHO IS A TEACHER AT SANCHEZ ELEMENTARY. AND DR. STERLING LANDS WHO I THINK IS OUT OF THE COUNTRY. I WANT TO THANK ALL OF THEM FOR TAKING THE TIME TO LOOK AT THIS ISSUE OF HOW WE EDUCATE OUR CHILDREN IN THIS DISTRICT. WE HAVE SEEN IN THE LAST YEAR OR TWO A SIGNIFICANT — SIGNIFICANT IMPROVEMENTS IN THE SYSTEM. BUT WE STILL HAVE A LONG WAYS TO GO. THE LAST INFORMATION THAT CAME OUT FROM THE STATE OF TEXAS IS THAT THE AUSTIN INDEPENDENT SCHOOL DISTRICT'S ACHIEVEMENT LEVELS ARE STILL BELOW STATE AVERAGES AND THAT IS SOMETHING THAT AS A — AS A FIRST CLASS COMMUNITY THAT WE FANCY OURSELVES TO BE, WE CANNOT TOLERATE. SO — SO THIS GROUP OF SEVEN PEOPLE GOT TOGETHER, HAD PUBLIC HEARINGS, STUDIED THE ISSUE, WORKED OUT RECOMMENDATIONS, THEN AFTER THEY WORKED OUT — WELL, BROKE INTO COMMITTEES, ADDRESSED THE ISSUES THAT THEY WANTED TO ADDRESS, CAME BACK TOGETHER, PUT SOME RECOMMENDATIONS TOGETHER AND THEN THEY PRIORITIZED THEM SO THAT THE SCHOOL BOARD WOULD HAVE AN OPPORTUNITY TO — TO CONCENTRATE ON THE DIFFERENT AREAS FROM THE PERSPECTIVE OF WHAT THEY CONSIDERED MOST IMPORTANT. WE OWE THEM A GREAT DEBT OF GRATITUDE FOR THE SERVICE AND — AND WE — WE WANT TO SAY TO YOU THAT — THAT WE WILL STAY WITH THIS REPORT, WORKING WITH THE SCHOOL BOARD. ALREADY ONE OF THE MEMBERS OF THE — NEW MEMBERS OF THE SCHOOL BOARD HAS CALLED AND TOLD ME THAT HE REALLY LIKES THIS REPORT A LOT, HE HAS DIFFICULTY UNDERSTANDING THE DISCIPLINE RECOMMENDATIONS. I CAN UNDERSTAND THAT. THIS IS NOT AN EASY ISSUE TO UNDERSTAND. DISCIPLINE IN OUR AUSTIN PUBLIC SCHOOLS HAS GOTTEN MORE AND MORE COMPLEX AS THE YEARS HAVE GONE BY. I REFERRED HIM TO AN ARTICLE THAT CAME OUT IN THE MOST RECENT ISSUE OF TIME MAGAZINE. THAT HAS TO DO MORE WITH DISCIPLINING THE MINORITY STUDENTS. BUT TALKS ABOUT — ABOUT DISCIPLINE IN GENERAL. THIS IS NOT AN EASY ISSUE TO ADDRESS, BUT IT'S ONE THAT IS CRITICAL IF WE ARE GOING TO TALK ABOUT PARTICULARLY LOW SOCIO-ECONOMIC POOR CHILDREN AND HOW THEY RELATE TO THE EDUCATION ENVIRONMENT. MR. CHAIRMAN, I APPRECIATE YOUR SERVICE AND I THINK MY STAFF HAS HELPED YOU PUT TOGETHER A LITTLE — A LITTLE PRESENTATION AND IF YOU COULD TURN THE LIGHTS DOWN, A LITTLE BIT SO PEOPLE, IF I MAY, REFER YOU TO WHAT'S ON THE SCREEN THERE YOU GO. MR. QUINTANILLA, CHAIRMAN, WELCOME.

THANK YOU, MR. MAYOR AND COUNCILMEMBERS. ON BEHALF OF THE COMMITTEE, WE ESPECIALLY WANT TO THANK PAUL SALDANA AND ALDANA FROM YOUR STAFF, MAYOR. THEY WERE EXTREMELY HELPFUL TO US, EVERY STEP OF THE WAY. WE ALSO WANT TO ACKNOWLEDGE THE SUPPORT THAT WE GOT FROM MEL WAXER AND — WAXLER AND ROBERT MENDOZA FROM THE AUSTIN INDEPENDENT SCHOOL DISTRICT. THEY WERE VERY HELPFUL IN PROVIDING INFORMATION ALONG THE WAY SO THAT WE COULD PREPARE A REPORT FOR YOU. VERY QUICKLY, WE ARE GOING TO GO THROUGH SOME SLIDES TO — TO SUMMARIZE WHAT WE DID AND WHAT WE ARE RECOMMENDING. SO BEGINNING ON JANUARY 10th IS WHEN THE COUNCIL ADOPTED THE MAYOR'S EDUCATION COMMITTEE RESOLUTION. CHARGING US WITH DEVELOPING BLUEPRINT RECOMMENDATIONS ON THE ISSUES OF RAISING ACADEMIC STANDARDS FOR ALL STUDENTS, CLOSING THE PERFORMANCE GAP FOR STUDENTS OF COLOR, AND LOOKING AT CULTURAL DIFFERENCES AND DIFFERENCES IN LEARNING STYLE. WE MET BETWEEN JANUARY 28th AND MAY 20th , WE HAD 8 MEETINGS AND THREE PUBLIC MEETINGS ALONG THE WAY. OUR COMMITTEE RECEIVED DATA AND PRESENTATIONS FROM GROUPS SUCH AS THE "JUST FOR KIDS ORGANIZATION" WHICH IS THE NATIONAL CENTER FOR EDUCATIONAL ACCOUNTABILITY. THE STATE COMPTROLLER'S OFFICE, MS. BETTY RUSSELL FROM THE PERFORMANCE REVIEW TEAM CAME AND SPOKE TO US. WE LOOKED AT DATA FROM THE L.B.J. SCHOOL. FROM AISD. THE BUDGET. WE LOOKED AT DISCIPLINARIAN DATA AND POLICIES OF THE SCHOOL DISTRICT. AND WE REVIEWED THE — THE TESTIMONY OF MANY CITIZENS, PARENTS, TEACHERS AND STUDENTS. WE HAVE COME UP WITH 48 POLICY RECOMMENDATIONS. 13 IN THE AREA OF ACADEMIC ACHIEVEMENT. 12 IN PARENT COMMUNICATIONS. 11 IN CULTURAL AWARENESS. AND 12 IN DISCIPLINE. IN ADDITION, WE HAVE PRIORITIZED THOSE RECOMMENDATIONS AND TAKEN THE — TAKEN THE — IDENTIFIED THE TOP FOUR POLICY RECOMMENDATIONS IN EACH AREA TO HIGHLIGHT. BASICALLY, WHAT — WHAT CONCERNED US IS — AND YOURSELVES IS WE WENT THROUGH THIS PROCESS IS THAT IF OUR CITY IS TRULY GOING TO BE A GREAT CITY, WE MUST HAVE A GREAT PUBLIC SCHOOL SYSTEM. SUCH A SYSTEM IS TO PROVIDE THE BEST POSSIBLE EDUCATION TO ALL OF THE CHILDREN AND YOUNG PEOPLE OF AUSTIN. AND WE RECOGNIZE THAT THERE ARE MANY, MANY STUDENTS WHO ARE ENROLLED IN THE AUSTIN INDEPENDENT SCHOOL DISTRICT WHO PERFORM AT A VERY HIGH LEVEL AND RECEIVE ACADEMIC HONORS AND — BUT ON THE OTHER HAND, THERE DOES CONTINUE TO BE AN ALARMING DISPARITY BETWEEN ANGLO STUDENTS AND STUDENTS OF COLOR IN ACADEMIC PERFORMANCE AS MEASURED BY THE — BY THE TEXAS ASSESSMENT OF ACADEMIC SKILLS TESTS, THE TAAS TESTS. THIS DISPARITY HAS FAR-REACHING IMPLICATIONS TO THE INDIVIDUAL STUDENTS AND THE — IN THE ENTIRE COMMUNITY. PARTICULARLY WHEN YOU CONSIDER THAT AISD STUDENT POPULATION IS NOW APPROXIMATELY 70% NON-WHITE. THE COMMITTEE URGES THE TRUSTEES OF AISD TO TAKE STEPS TO, NUMBER ONE, IMPROVE ACADEMIC PERFORMANCE FOR ALL STUDENTS AND TO CLOSE THE PERFORMANCE GAP BETWEEN ANGLO STUDENT AND STUDENTS OF COLOR. CLOSING THIS PERFORMANCE GAP IS GOING TO REQUIRE A RECOGNITION BY AISD THAT IT MUST HONOR AND RESPECT THE CULTURAL IDENTITIES OF STUDENTS OF COLOR. IN RECOGNITION THAT ACADEMIC PERFORMANCE FOR CHILDREN OF COLOR IS LINKED TO RESPECT FOR THEIR CULTURE AND IMPROVED HOME SCHOOL RELATIONSHIP, OUR COMMUNITY — OUR COMMITTEE ADDRESSED THE ISSUE OF PARENT COMMUNICATIONS. WE ALSO FELT THAT DISCIPLINARIAN ISSUES SHOULD BE ADDRESSED BECAUSE GOOD DISCIPLINE IS AN ESSENTIAL COMPONENT OF QUALITY SCHOOLING AND BECAUSE EVERY EFFORT SHOULD BE MADE TO KEEP STUDENTS IN SCHOOL AND LEARNING. SOME OF THE INITIAL RESPONSE THAT I'M SURE WE WILL GET IS THAT THAT'S IMPOSSIBLE, THERE ISN'T ENOUGH MONEY, THERE ISN'T ENOUGH SUPPORT OR TIME. AS A COMMITTEE, WE ARE CONCERNED THAT THE RESPONSES AT LEAST BE OPEN. WE ARE NOT SAYING THAT THESE ARE PERFECT RECOMMENDATIONS. BUT WE WOULD LIKE TO HAVE AN OPEN DIALOGUE TO AT LEAST GET THE DISCUSSION GOING. IN — IN THE PAST, THIS — THIS IS WHAT I GUESS CONCERNED THE MAYOR AND SHOULD ALARM ALL OF US AS A COMMUNITY. IF YOU TAKE THE 40 LARGEST TEXAS SCHOOL DISTRICTS, WHICH ARE LISTED UP THERE, IN THE 2001 — AND THE 2001 TAAS ACHIEVEMENT TEST SCORES, AUSTIN I.S.D. STUDENTS SCORED THE LOWEST OF ANY — OF ANY MAJOR SCHOOL DISTRICT IN TEXAS. IN — IN THIRD GRADE READING, THIRD GRADE MATH, EIGHTH GRADE READING, EIGHTH GRADE MATH. AGAIN, IF YOU CAN SEE HOW THROUGHOUT BOTH IN TERMS OF WHAT THEY CALL PASSING, WHICH IS YOU HAVE TO PASS 70% AND IN PROFICIENCY WHERE YOU HAVE TO PASS 85%, OUR STUDENTS ARE SCORING WELL BELOW OTHER SCHOOL DISTRICTS. OUR RECOMMENDATIONS ARE IN THE AREA OF ACADEMIC ACHIEVEMENT. NUMBER 1, THAT SUCCESSFUL TEACHERS IN LOW SOCIO-ECONOMIC STUDENT SCHOOLS MUST BE PAID MORE MONEY FOR BASE PAY AND FOR PERFORMANCE, INCLUDING LEVELS OF FINANCIAL INCENTIVES. AND WE ARE — WE ARE SUGGESTING THAT THEY LOOK AT ADDING FIVE TO $10,000 TO TEACHERS WHO ARE EXPERIENCED AND WILLING TO TEACH IN THOSE SCHOOLS. NUMBER 2: PERFORMANCE BONUSES MUST BE PAID TO SUCCESSFUL EXPERIENCED PRINCIPALS AND TEACHERS IF THOSE SCHOOLS. — IN THOSE SCHOOLS. NUMBER 3, AND THIS REALLY APPLIES TO EVERYBODY, A PROVEN CURRICULUM WITH ASSOCIATED MATERIALS AND BENCHMARKS MUST BE PUT IN PLACE IMMEDIATELY. DEMANDING CURRICULUM AND ONGOING ASSESSMENT OF ACHIEVEMENT MUST BE THE HEART OF ALL PROFESSIONAL TRAINING. ASSESSMENT MUST INCLUDE HOWEVER MORE THAN JUST PERFORMANCE ON THE STATE-WIDE TEST. AND NUMBER 4, BENCHMARKS FOR SCHOOL PERFORMANCE THROUGHOUT THE YEAR NEED TO BE ESTABLISHED AND REPORTED. IN TERMS OF CLOSING THE GAP, BETWEEN THE STUDENTS OF COLOR AND ANGLO STUDENTS, WE WANTED TO — TO GIVE SOME IDEAS TO THE SCHOOL DISTRICT FOR HOW THEY — HOW THEY COULD MOVE TOWARD PAYING THE ADDITIONAL INCENTIVE. WE REALIZE THAT — THAT IT MAY NOT BE POSSIBLE TO DO IT ALL AT ONCE, BUT WE HAD SOME SUGGESTIONS AND YOU SEE THEM UP THERE. THEY INCLUDE, YOU KNOW, PHASING THEM IN OVER A FIVE YEAR PERIOD, PERHAPS FINDING SOME ADDITIONAL — ADDITIONAL MONEY TO HELP TEACHERS WITH ADVANCED DEGREES PAY THEIR TRAVEL EXPENSES, HAVE PRIVATE INDUSTRY FUND PART OF THIS INITIATIVE. SO WE REALIZE THAT IT'S GOING TO TAKE DIFFERENT APPROACHES. IN THE AREA OF PARENT COMMUNICATIONS, WHEN WE WERE TRYING — WHAT WE WERE TRYING TO STRESS HERE IS THAT THE EFFICIENCY AND EFFECTIVENESS OF PARENT COMMUNICATION CONTINUES TO BE A PROBLEM AND WE HEARD THIS FROM MANY, MANY PARENTS THROUGHOUT THE DISTRICT. SIMPLY CREATING A LETTER OR A DOCUMENT AND MAILING IT TO HOMES DOES NOT TAKE THE PLACE OF DIRECT COMMUNICATION. SO WE ARE SUGGESTING THAT TEACHERS, SCHOOLS AND DISTRICT ADMINISTRATORS RETURN PHONE CALLS TO PARENTS WITHIN THE 24 HOUR TIME FRAME. NUMBER 2, ALL WRITTEN COMMUNICATIONS TO PARENTS FROM THE SCHOOL SHALL REFLECT THE DIVERSITY OF THE SCHOOL'S LANGUAGE. BASED ON HOME LANGUAGE SURVEYS, 20% OR MORE OF ANY ONE LANGUAGE SHOULD BE REPRESENTED IN WRITTEN COMMUNICATIONS. NUMBER 3: EVERY SCHOOL SHOULD HAVE A PARENT TRAINER WHO IS RESPONSIBLE FOR INFORMING THEIR SCHOOL COMMUNITY OF IMPORTANT DISTRICT AND SCHOOL MEETINGS. NUMBER 4: A COMPREHENSIVE LIST OF PARENTAL RIGHTS WITHIN AISD BE PROVIDED TO EACH PARENT IN THE APPROPRIATE HOME LANGUAGE. THIS LIST SHOULD BE REVIEWED BY THE PARENT TRAINER, WITH INTERESTED PARENTS EARLY IN THE SCHOOL YEAR. CULTURAL AWARENESS, IN THE PAST 20 YEARS, AISD MINORITY STUDENT POPULATION HAS DOUBLED. TODAY THEY MAKE UP APPROXIMATELY 70% OF THE TOTAL ENROLLMENT. COMPARED TO 35% IN 1980. STUDENTS WITH DIFFERENT CULTURAL BACKGROUND, EXPERIENCE, DIFFERENT LEARNING STYLES AND COMMUNICATION APPROACHES. TEACHERS EDUCATING STUDENTS WITH DIFFERENT CULTURAL BACKGROUND REQUIRE TEACHING SKILLS AND ACADEMIC — DIFFERENT TEACHING SKILLS AND ACADEMIC EXPECTATIONS. THE NEXT SLIDE SHOWS THE — HOW THE STUDENT POPULATION IS REFLECTED IN — IN THE YEAR 2000-2001. AS YOU WILL SEE, APPROXIMATELY 16% IS AFRICAN AMERICAN; 48% IS HISPANIC, AND 30 — ALMOST 34% ANGLO. IN 1996, 97 AND IN 2001, TO SHOW YOU THE DIFFERENCES OR THE CHANGES IN PERCENTAGES, THE AFRICAN AMERICAN POPULATION DROPPED BY ALMOST 11%, HISPANIC GREW BY 17%, ASIAN GREW BY ALMOST 15%, AND THE WHITE POPULATION DROPPED BY ALMOST 9%. OUR CULTURAL AWARENESS COMMITTEE IS RECOMMENDING THAT NUMBER 1, TEACHERS RECOGNIZE AND APPRECIATE THE STUDENT'S CULTURAL BACKGROUND AND FAMILY SITUATION. TEACHERS ARE STRONGLY ENCOURAGED TO FAMILIARIZE THEMSELVES WITH THE HISTORY, CULTURE OR FAMILIAR VALUES OF EACH STUDENT. NUMBER 2, AISD SHALL HOLD CROSS CULTURAL SENSITIVITY SEMINARS AND PROVIDE A LIST OF DOES AND DON'TS OF CULTURALLY SENSITIVE ISSUES AMONG EACH ETHNIC GROUP. NUMBER 3, COMMUNICATIONS WITH IMMIGRANT FAMILIES. AISD SHALL HOLD REGULAR MEETINGS WITH PARENTS OF E.S.L. OR BILINGUAL STUDENTS TO DISCUSS THE SCHOOL POLICIES. NUMBER 4, PARENTAL INVOLVEMENT. AISD SHALL ENCOURAGE PARENTS TO PARTICIPATE IN SCHOOL, ACADEMIC AND EXTRACURRICULAR ACTIVITIES. TEACHERS SHALL REACH OUT TO DIFFERENT ETHNIC ORGANIZATIONS TO SUPPORT ITS COMMUNITY EDUCATIONAL NEEDS. THE AREA OF DISCIPLINE HAS BEEN AN AREA THAT — THAT AS THE MAYOR SAID, HAS GOTTEN MORE AND MORE DIFFICULT. NUMBER 1, THE STUDENTS ARE NOT THE SAME STUDENTS THAT WERE THERE 20 YEARS AGO. BUT AT THE SAME TIME OUR COMMITTEE HAD A — HAD A STRONG OPINION THAT THE — THAT THE ZERO TOLERANCE ENFORCEMENT POLICY IS A STRICT DISCIPLINARIAN MODEL THAT EMBRACES HARSH PUNISHMENT OVER EDUCATION. THE OTHER THING THAT MAY BE UP HERE IN JUST A SECOND IS THAT A VERY DISPRO PORTION GNAT NUMBER OF THE — DISPRO ONATE NUMBER OF STUDENTS BEING DISCIPLINED — FREE FROM VIOLENCE IN AISD SCHOOL, THAT BE BALANCED WITH STUDENT'S CONSTITUTIONAL RIGHTS AND ACADEMIC NEEDS. AT PRESENT THE BALANCE IS TILTED TOWARDS GREATER EFFECTS TO AFFECT TOUGH SAFETY IN THE SCHOOLS, AGAINST ANY EXTENSION OF THE EDUCATIONAL RIGHTS, ASSESSMENTS OF THE DISCIPLINED STUDENTS. NUMBER 2, AISD DISCIPLINE IN SCHOOL SAFETY — AND SCHOOL SAFETY POLICIES SHALL EMPHASIZE PREVENTION, SUSPENSION AND CORPORAL PUNISHMENT, WHICH WE DON'T HAVE ANYMORE, BUT SUSPENSION CERTAINLY, THE TWO MOST COMMON PUNITIVE METHODS SHOULD BE REMOVED FROM THE SCHOOL. THOSE STUDENTS NEED TO — THOSE STUDENTS BEING REMOVED FROM SCHOOL ARE PROBABLY THE ONES WHO NEED TO BE IN SCHOOL THE WORST. SO WE OUGHT TO TRY TO HAVE POLICIES WHICH ENCOURAGE THAT. UNDER NUMBER 3, STUDENT AND PARENT COMMUNICATIONS REGARDING DISCIPLINE POLICIES AND STUDENT CONDUCT CODES SHALL BE PRESENTED IN A READABLE AND WELL DESIGNED STUDENT HANDBOOK. NUMBER 4, THE AISD POLICY SHALL INCLUDE A SECONDARY SCHOOL DISCIPLINE OF HABITULLY DISRUPTIVE STUDENT PLAN. THE CODE SHOULD DETAIL AS NEEDED THE ROLES, RIGHTS AND RESPONSIBILITIES OF STUDENTS, PARENTS AND TEACHERS. MR. MAYOR, MUCH STILL REMAINS TO BE DONE, OBVIOUSLY. YOU KNOW, WE ARE GOING TO PRESENT THIS REPORT ON TUESDAY TO THE SCHOOL BOARD, IF — IF THIS COUNCIL GIVES US THAT DIRECTION, SO — SO WE ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AND TO —, YOU KNOW, TO TRY TO EXPLAIN ANYTHING THAT WE HAVEN'T ADEQUATELY DONE SO.

MAYOR GARCIA: THANK YOU, MR. CHAIRMAN. QUESTIONS FOR MR. QUINTANILLA OR FOR MR. LEVY? WE HAVE BEEN JOINED BY MS. TAMMIE SMITH, TAMMIE IS A TEACHER, A STUDENT MENTOR. AND SHE FINISHED HER WORK TUESDAY, WEDNESDAY ACTUALLY. WELCOME, TAMMIE. QUESTIONS FOR CHAIRMAN QUINTANILLA OR THE MEMBERS OF THE COMMITTEE? DOES ANYBODY — DO ANY OF YOU WANT TO SAY A FEW WORDS? SANDY YOU WERE A PRINCIPAL. HOW DO YOU VIEW THIS — THIS RECOMMENDATION — THESE RECOMMENDATIONS IN LIGHT OF WHAT THE DISTRICT NEEDS TO DO AND PARTICULARLY IN LIGHT OF THE CHANGES THAT HAVE OCCURRED IN THE LAST 20 OR 25 YEARS?

HAVING BEEN A PRINCIPAL IN A LOW INCOME SETTING FOR MANY YEARS, AND NOW IN A — IN A — MORE OF A HIGH INCOME SETTING, THOSE ARE NEVER REALLY EQUAL SITUATIONS. NO MATTER HOW HARD WE TRY TO MAKE THEM EQUAL, BECAUSE YOU HAVE SO MANY ADDITIONAL ADVANTAGES IN SITUATIONS WHERE KIDS MAY NOT NEED AS MUCH SUPPORT, HELP, AND THE FAMILY MAY NOT NEED AS MUCH SUPPORT AND HELP. AND SO IT'S UP TO THE SCHOOL DISTRICT TO EVEN THE PLAYING FIELD. I DON'T KNOW IF THAT'S THE RIGHT WORDING.

MAYOR GARCIA: THE SCHOOL DISTRICT AND COMMUNITY, I THINK.

THE SCHOOL DISTRICT AND THE COMMUNITY TO RECOGNIZE THAT UNTIL EVERY CHILD IS SUCCESSFUL IN OUR SCHOOL DISTRICT, THEN THE SCHOOL DISTRICT IS NOT SUCCEEDING. NOW, WE HAVE MADE GAINS, WE KNOW IN... THAT THE SCHOOL DISTRICT IS FILLED WITH COMMITTED AND CARING PEOPLE. BUT IN LOOKING OVER THE EVIDENCE, THERE'S A WAY TO GO. AND SOME OF THESE SUGGESTIONS ARE SUGGESTIONS THAT HAVE COME UP BEFORE. BUT THE INITIAL RESPONSE USUALLY IS IT'S VERY EXPENSIVE. ONE OF THEM AND IT'S ONE THAT CAROL RYLANDER REALLY IS SUPPORTING, IS THE DIFFERENTIAL PAY. TO GET PEOPLE TO SAY, I'M COMMITTED TO TEACHING THERE AND STAYING THERE. YOU CAN'T HAVE CONTINUAL GROWTH IN A SCHOOL IF THIS — IF THE SCHOOL'S PRINCIPAL IT'S CHANGING EVERY TWO YEARS AND ONE THIRD OF THE STAFF KEEPS TURNING OVER EVERY YEAR NOW YOU ARE TRAINING NEW PEOPLE EVERY YEAR TO DO WHAT THE PEOPLE WHO LEFT KNEW HOW TO DO. SO THERE'S GOT TO BE A WAY TO CREATE THAT CONTINUITY. AND IF PAY IS ONE OF THE WAYS, THEN LET'S FINDS A WAY TO DO IT. LET'S DO ONE THING THAT WE CAN POINT TO AND SAY, WE DID THAT AND IT MADE A DIFFERENCE. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]+++NO CARRIERRINGCONNECT 1200

MAYOR GARCIA: MS. ROSE?

GOOD EVENING. THANK YOU SO MUCH FOR ALLOWING ME THE OPPORTUNITY TO SERVE ON THIS COMMITTEE. AND I MUST DITTO WHAT SANDY SAID. I CERTAINLY HOPE AND TRUST THAT THIS POLICY, THAT IT DOES GO FORWARD AND THAT IT DOES NOT BECOME ANOTHER NOTEBOOK THAT IS SITTING ON A SHELF GATHERING DUST AND WE DO NOTHING ABOUT IT, AND THEN YOU COME BACK IN TWO OR THREE YEARS AND SAY, OKAY, IT'S TIME FOR US TO DO SOMETHING BECAUSE NO ONE WOULD DO ANYTHING WITH THE RECOMMENDATION OR WHAT WE WERE TRYING TO DO. THANK YOU.

MAYOR GARCIA: THANK YOU.

AS MAYOR GARCIA STATED, IT IS ESSENTIAL FOR AUSTIN TO HAVE A STRONG EDUCATION ASSISTANCE, BUT FROM MY PERSONAL PERSONS, WHEN MY HUSBAND AND I ASK BUSINESS AND FAMILY TO MOVE TO AUSTIN, THE FIRST QUESTION THEY ALWAYS ASK IS HOW IS THE SCHOOL SYSTEM THERE? SO IF THEY FEEL THE SCHOOL SYSTEM HERE IS INADEQUATE FOR THEIR CHILDREN, THEN THEY WILL NOT COME. SO IT'S VERY IMPORTANT FOR AUSTIN TO HAVE A STRONG EDUCATIONAL SYSTEM. AND I WOULD LIKE TO THANK YOU FOR CREATING THIS COMMUNITY AND COMING UP WITH SOME EDUCATIONAL RECOMMENDATION FOR THE SCHOOL BOARD. THANK YOU.

MAYOR GARCIA: THANK YOU. MS. SMITH?

AS A PARENT, IT CONCERNS ME WHEN SOMEONE SAYS THEY HAVE A FIVE-YEAR PLAN, BECAUSE CHILDREN GROW A LOT IN FIVE YEARS. AND WE CAN'T WAIT. SO I'M HOPING THAT THIS GOES BEFORE A SCHOOL BOARD THAT'S WILLING TO ACT ON IT AND NOT PUT IT OFF, AS MS. ROLLINS SAID, IN ANOTHER NOTEBOOK ON A SHELF. ALL THE PEOPLE ON THIS COMMITTEE WORKED VERY HARD ON THIS AND WE'VE REALLY APPRECIATED THE MAYOR'S URGENCY ON THIS AND WE HOPE WE CAN PRESENT IT WITH URGENCY ON TUESDAY.

MAYOR GARCIA: WELL, I CAN GUARANTEE YOU THAT THIS IS NOT GOING TO STAY ON THE SHELF. I THINK WE HAVE MADE AN IMPRESSION ON THE SCHOOL BOARD, AND WE HAVE SOME NEW SCHOOL BOARD MEMBERS THAT ARE ENERGETIC AND WANT TO DO SOMETHING ABOUT IT. I'M OF THE OPINION THAT THESE CHILDREN, ALL OF OUR CHILDREN, REGARDLESS OF WHERE THEY COME FROM, WHICH HOMES THEY COME FROM, CAN LEARN AS WELL AS ANYBODY ELSE. I FUNDAMENTALLY BELIEVE IN IT. THAT'S ONE OF THE REASONS THAT I HAVE AT TIMES BEEN CRITICAL OF THE TALENTED AND GIFTED PROGRAM BECAUSE I THINK ALL OF OUR CHILDREN ARE TALENTED AND GIFTED IN ONE WAY, SHAPE OR FORM. SO I WANT TO THANK ALL OF YOU FOR THE SERVICE. AND THE MAYOR'S OFFICE, THE COUNCIL'S OFFICE, THIS IS BASICALLY — IT'S CALLED THE MAYOR'S COMMITTEE, BUT THE RESOLUTION CREATING IT WAS A COUNCIL RESOLUTION PASSED UNANIMOUSLY BY THE COUNCIL. AND THIS IS GOING TO BE SOMETHING THAT WE WILL BE PURSUING BOTH AS INDIVIDUALS AND AS A BOARD. AND WHAT WE'RE GOING TO DO TODAY IS ACCEPT THE REPORT AND THANK YOU. AND I'LL ENTERTAIN A MOTION TO DO THAT FROM WHICHEVER COUNCILMEMBER WANTS TO DO IT.

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: COUNCILMEMBER THOMAS WANTS TO DO THAT AND COUNCILMEMBER ALVAREZ SECONDS THAT. SOME OF THE COUNCILMEMBERS HAVE STEPPED OUTSIDE FOR JUST A MINUTE, BUT THEY'RE LISTENING TO OUR COMMENTS. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. THE MOTION CARRIES ON A VOTE OF FIVE-ZERO-TWO WITH COUNCILMEMBER SLUSHER AND MAYOR PRO TEM — SHE HAD SOMETHING IN HER EYE. SHE HAD TO GO CLEAN IT. SHE'S BACK THERE WATCHING. I WANT TO ALSO PRESENT YOU WITH A DISTINGUISHED SERVICE AWARD. THIS READS AS FOLLOWS. YOU DON'T NEED TO MOVE FROM WHERE YOU ARE. I'LL TAKE IT TO YOU AS SOON AS I READ IT INTO THE RECORD. A DISTINGUISHED SERVICE AWARD FROM THE CITY OF AUSTIN FOR THE COMMITMENT, COLLABORATIVE EFFORT AND VALUABLE INPUT AS A MEMBER OF THE MAYOR'S COMMITTEE FOR EDUCATIONAL EXCELLENCE. RAFAEL QUINT KNEE I CAN'T IS DESERVING THE PUBLIC ACLAIM AND RECOGNITION. THIS CERTIFICATE IS PRESENTED FOR APPRECIATION OF HIS FIVE MONTHS OF SERVICE ON THIS COMMITTEE DEDICATED TO RAISING THE ACADEMIC STANDARDS FOR ALL AUSTIN STANDARDS, PRESENTED THE 23rd DAY OF MAY IN 2002. AND SIGNED BY ME AND HAS THE NAME OF ALL THE CITY COUNCILMEMBERS. AND WE HAVE A SIGNED CERTIFICATE FOR DR. STERLING LANDS, PASTOR OF THE GREAT CAVALRY BAPTIST CHURCH AND WE'LL DELIVER THAT TO HIM. HE LEFT FOR AFRICA. AND THE PRINCIPAL OF THE AUSTIN-CHINESE SCHOOL. AND IF SOME OF YOU HAVE NOT BEEN TO SOME OF THEIR PROGRAMS, I RECOMMEND YOU DO THAT. IT'S WONDERFUL. I'VE BEEN THERE SEVERAL TIMES. MY OLD FRIEND AND COLLEAGUE GOING ALL THE WAY BACK WHEN I WAS ON THE SCHOOL BOARD, THE PRESIDENT OF GALLON LET ELEMENTARY SCHOOL.

I WAS SPENDING A WEEK IN MULE SHOW.

MAYOR GARCIA: AND ALSO THE VICE-PRESIDENT OF THE LULAC, VICE-PRESIDENT FOR EDUCATION. AND MY GOOD FRIEND ALSO FROM A LONG TIME, THE ASSISTANT FINANCIAL ADMINISTRATION OF ST. JAMES BAPTIST CHURCH. AND EACH OF THEM HAS TO PUT UP WITH ME EVERY FRIDAY WHEN I SHOW UP AT SANCHEZ ELEMENTARY, MR. DANNY SMITH. AND YOU ALL STAY WHERE YOU ARE. I'M GOING TO TAKE IT TO YOU.

THANK YOU VERY MUCH, MAYOR. APPRECIATE IT. [ APPLAUSE ] [ APPLAUSE ]

MAYOR GARCIA: [ INAUDIBLE ].

ALVAREZ: THANK YOU, MAYOR. I DID WANT TO THANK THE COMMITTEE MEMBERS FOR THEIR SERVICE. AND IT'S BEEN LONG HOURS THAT Y'ALL HAVE SPENT AND YOU DID AN OUTSTANDING JOB IN SUCH A SHORT AMOUNT OF TIME. BUT REALLY I WAS IMPRESSED LOOKING THROUGH THE RECOMMENDATIONS AND THE STRUCTURE OF THE REPORT IN TERMS OF IDENTIFYING SOME KEY AREAS TO FOCUS ON THAT COULD MAKE A SIGNIFICANT IMPACT. AND A LOT OF TIMES YOU GET RECOMMENDATIONS AND THEY'RE SCATTERED, AND THIS WAY IT'S VERY EASY TO UNDERSTAND. IN ORDER TO IMPROVE ACADEMIC ACHIEVEMENT, THESE ARE THE THINGS WE RECOMMEND. AND AGAIN, IT'S AN AREA TO FOCUS ON. THE SAME THING WITH THE CULTURAL AWARENESS. AGAIN, HOW FOCUSING ON THAT MIGHT IMPROVE THE SITUATION IN AND OF ITSELF. AND THEN ALSO FINANCIALLY WITH THE DISCIPLINE BECAUSE IT IS A BIG ISSUE IN A LOT OF DIFFERENT SCHOOLS, AND I KNOW THE CITY'S TRIED TO PARTNER WITH THE COUNTY AND ALSO WITH THE SCHOOL DISTRICT TO FIND ALTERNATIVES IN TERMS OF HOW WE DEAL WITH DISCIPLINE AND TRUANCY ISSUES, BUT I THINK THERE'S A LOT MORE THAT CAN BE DONE AND THERE'S SOME MOALGZ MODELS THERE TO LOOK AT, ARE THEY WORKING OR NOT AND SHOULD WE DO IT A LITTLE DIFFERENTLY. BUT I WANT TO THANK FOR YOUR WORK AND IT DOES KIND OF BREAK IT DOWN FOR US SO WE CAN UNDERSTAND THE ISSUE, BECAUSE IT'S A MASSIVE ISSUE, A MASSIVE UNDERTAKING AND I WANTED TO THANK YOU FOR DOING THAT FOR THE WHOLE COMMUNITY.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER ALVAREZ. I'LL READ WHAT THE MAYOR PRO TEM WROTE. SHE HAD TO, LIKE I SAID, GO PUT A COOL PATCH BECAUSE SHE HAD SOMETHING IN HER EYE. SHE SAID I DON'T KNOW IF PEOPLE UNDERSTAND WHAT AN INCREDIBLE AND POSITIVE THING HAS BEEN DONE. AND I THINK PEOPLE KNOW THAT IT'S FANTASTIC WORK THAT YOU'VE DONE AND THAT WE ARE GOING TO WORK TOGETHER AS A COMMUNITY TO GET TO WHERE WE'RE GOING. AND AGAIN, THANK YOU MUCH. COUNCILMEMBER GRIFFITH?

GRIFFITH: I WANT TO THANK YOU FOR YOUR TIME, FOR YOUR LEADERSHIP, FOR YOUR INSIGHT. AND I THINK THE ENTIRE COMMUNITY IS GOING TO BE INSPIRED BY YOUR WORK AND UNIFIED AND GET RIGHT BEHIND YOU. THANK YOU VERY MUCH.

WYNN: THANKS, MAYOR. JUST ANOTHER GREAT EXAMPLE OF SO MANY CITIZENS IN OUR COMMUNITY VOLUNTEERING OF THEIR TIME, EFFORT AND EXPERTISE AND HELPING US ALL DEAL A BETTER AUSTIN. MY OLDEST CHILD STARTS AISD IN AUGUST OF, A FIRST GRADER, AND I'M GEARING UP FOR THE AISD DANCE.

MAYOR GARCIA: COUNCILMEMBER WYNN HEADS UP A LITTLE TASKFORCE ON THE ECONOMIC SITUATION, AND WHEN HE AND I HAVE TALKED ABOUT IT, ONE OF THE POINTS WE TALKED ABOUT IS IN ORDER FOR US TO HAVE A HEALTHY ECONOMY, WE NEED TO HAVE A VERY WELL EDUCATED POPULATION. COUNCILMEMBER THOMAS?

THOMAS: THANK YOU, MAYOR. I COMMEND THE CHAIR AND THE MEMBERS OF THIS COMMITTEE FOR DOING THE WORK THEY'VE DONE, AND I'M SURE THE CITIZENS OF AUSTIN REALLY APPRECIATE IT. AND IT ALSO ALLOWS TO WAKE UP AISD AND LET THEM KNOW WE HAVE A GOOD SCHOOL SYSTEM, BUT THERE ARE SOME THINGS THAT NEED TO BE TAKEN IN HAND AND IMPROVED. ALSO I WANTED TO LET YOU KNOW THAT I HAVE A GRAND BABY THAT'S IN THE SCHOOL SYSTEM AT BARBARA JORDAN, AND I REALLY APPRECIATE YOUR WORK. WE CAN ASSURE YOU THAT IT WON'T COLLECT DUST WITH THE MAYOR WE HAVE ON THIS COUNCIL. THANK YOU VERY MUCH.

MAYOR GARCIA: IS EVERYBODY TALKING ABOUT WHO IS ATTENDING WHERE? I HAVE TO TELL YOU THAT MY GRANDSON WILL BE ATTENDING THE AUSTIN PUBLIC SCHOOLS IN KINDERGARTEN STARTING IN AUGUST. [ BUZZER SOUNDS ] (ALARM SOUNDS)

MAYOR GARCIA: I DIDN'T DO THAT.

WYNN: COUNCILMEMBER SLUSHER HAS ARRIVED. [ LAUGHTER ]

BUT SINCE THAT IS A FIRE ALARM, I WOULD NOT SUGGEST WE IGNORE IT, I WOULD LIKE US TO MOVE QUICKLY, QUIETLY AND WITHOUT A BIG HUBBUB TO THE DOOR. THANK YOU. (ALARM STOPS).

LCRA HAS ASKED EVERYONE TO EXIT THE BUILDING, PLEASE.

MAYOR GARCIA: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL THE MEETING OF THE AUSTIN CITY COUNCIL OF MAY THE 23rd, BACK TO RECORD. AND I'D LIKE TO ANNOUNCE THAT THE APPOINTMENT OF COUNCILMEMBER DANNY THOMAS TO THE BOARD OF CAPITAL METRO IS EFFECTIVE JUNE THE 11th. THE MOTION WAS TO APPOINT HIM EFFECTIVE JUNE THE 11th. WE DIDN'T APPOINT HIM IMMEDIATELY BECAUSE THE TERM OF COUNCILMEMBER GRIFFITH REMAINS IN EFFECT UNTIL JUNE THE 10th. ACTUALLY, IT GOES TO JUNE 15 th, BUT SHE WILL BE LEAVING THE CITY ON THE 10th SO COUNCILMEMBER THOMAS BECOMES THE BOARD MEMBER OF CAPITAL METRO ON JUNE THE 11 th. THAT WAS MADE IN THE MOTION ITSELF. OKAY. AFTER THAT, INTERLUDE WE WILL RETURN TO THE COUNCIL AGENDA. AND WE HAVE A 4:00 O'CLOCK TIME CERTAIN, BUT I THINK WE HAVE TIME FOR ONE ITEM. AND THE FIRST ITEM IS THE APPROVAL OF THE MINUTES FROM THE WORK SESSION OF MAY 15th , 2002, AND THE REGULAR MEETING OF MAY 16th. I'LL ENTERTAIN A MOTION.

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. I'LL SECOND THAT. ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES? IF NOT, EVERY SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE, WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DIAS. ITEM NUMBER 18, COUNCILMEMBER SLUSHER? LET ME SEE IF THERE'S A STAFF PRESENTATION. IS MS. CLARK HERE? COULD YOU JOIN US RIGHT HERE IN THE MIDDLE?

[ INAUDIBLE ]

MAYOR GARCIA: I DIDN'T HEAR WHAT SHE SAID. OKAY. BOTH OF YOU CAN SIT THERE. AND WE HAVE SOME SPEAKERS THAT WE'LL BE RECOGNIZING AFTER YOU MAKE THE STAFF PRESENTATION. THAT'S FINE. THIS ITEM NUMBER 18 IS TO APPROVE A RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF A 12-MONTH REVENUE AGREEMENT WITH STATE METROPOLITAN AND COUNTY SERVICES, ARLINGTON TEXAS FOR THE COLLECTION OF DELINQUENT MUNICIPAL COURT CASES WITH AN ESTIMATED ANNUAL NET TO GENERAL FUND REVENUE OF $868,000, WITH THREE 12-MONTH EXTENSION OPTIONS WITH ESTIMATED REVENUE OF $868,000 PER EXTENSION FOR A TOTAL ESTIMATED CONTRACT REVENUE OF $3,472,000. FUNDING IN THE AMOUNT OF $144,666 ESTIMATED REVENUE IN THE CURRENT FISCAL YEAR. SUE, CAN YOU COME OVER HERE. WE CAN GET ENOUGH MICROPHONES FOR EVERYBODY. MS. BRUBAKER?

OKAY. I'D LIKE TO GIVE YOU THE BACKGROUND ON THIS. THIS CONTRACT WAS SOLICITED, I BELIEVE, IN EARLY NOVEMBER. AND WE GOT THE RESPONSES BACK THE 18th OR 19th OF DECEMBER, RIGHT ABOUT THE TIME TO GO INTO THE HOLIDAYS. SO WE REALLY DIDN'T START THE EVALUATION PROCESS UNTIL AFTER THE FIRST OF THE YEAR. THE BACKGROUND ON THIS IS THAT CURRENTLY WE'VE GOT ABOUT 32.9 MILLION IN OUTSTANDING FINES AND COURT COSTS. AND THIS IS COMPRISED OF 6 MILLION FROM PARKING FINES. 4 MILLION FROM CRIMINAL CASES WHERE WE HAVE CONVICTIONS. AND THEN IT'S ABOUT 22.9 MILLION OF CRIMINAL CASES WITHOUT CONVICTIONS. IN ADDITION TO THIS THERE'S AN ADDITIONAL COLLECTION NEED THAT WILL OCCUR ANNUALLY, AND THAT'S A NUMBER THAT'S BETWEEN PROBABLY 4 TO 55 MILLION, 6 MILLION, DEPENDING ON THE COLLECTION THAT WE'RE ABLE TO DO INTERNALLY. 5 UNTIL. 5 MILLION. WE HAD NINE RESPONSES. WE SHORT LISTED THE TOP THREE. AND THESE INCLUDED THE STATE, METROPOLITAN AND COUNTY SERVICES, THE OSI COLLECTION SERVICES AND THE MUNICIPAL SERVICES BUREAU. I THINK THAT YOU ALL HAVE BEEN GIVEN THE MATRIX ON THAT, BUT IF NOT I BELIEVE THAT WE CAN PUT IT UP THERE. WE TOOK THE SHORT LIST, WE INTERVIEWED THEM AND WE COMPLETED A COMPREHENSIVE EVALUATION, AND THIS INCLUDED SITE VISITS TO EACH ONE OF THE TOP THREE PROPOSERS. THE CRITERIA THAT WAS CHOSEN AND WITHIN THESE THREE CRITERIA, THERE'S A LENGTHY NUMBER OF ITEMS THAT ARE LOOKED AT AND CONSIDERED. FIRST OF ALL IS THE PROJECT CONCEPT AND SOLUTION. HOW IS THE COMPANY GOING TO GO ABOUT TACKLING THE COLLECTION EFFORTS, IF YOU WILL. WHAT IS THE ADEQUACY OF THEIR DATA PROCESSING EQUIPMENT, THE SOPHISTICATION OF THEIR TELEPHONE RESOURCES. AND THIS GOES ON WITH A WHOLE LOT OF VARIOUS COMPONENTS WITHIN THAT CONCEPT PROJECT SOLUTION. THE SECOND THING YOU'LL LOOK AT IS DEMONSTRATED APPLICABLE, EXPERIENCE AND PRIOR PERFORMANCE. AND THIS INCLUDES THE TECHNIQUES THEY USE, THE REFERENCES, THE SIZE OF THE SIMILAR ENGAGEMENTS. AND THEN FINALLY YOU LOOK AT THE COSTS, THE LEAST COST TO THE CITY. SO THE FINANCIAL DECISIONS THAT WE LOOKED AT THERE WAS WE WANT TO MAKE THE HIGHEST RETURN TO THIS CITY AT THE LOWEST COST AND WE WANT TO GET THE CASELOAD CLEARED. THE RECOMMENDED FIRM IS THE STATE METROPOLITAN AND COUNTY SERVICES FROM ARLINGTON, TEXAS. IF YOU LOOK AT THE OVERALL SCORES, THESE ARE CLOSE. THEY'RE 102. THE MUNICIPAL SERVICE BUREAU IS 99. AND OSI ENDED UP WITH 93. WITH THE EXCEPTION OF THE CRITERIA ON COSTS, THE FOLLOWING CHARTS WILL CLEARLY INDICATE THE DIFFERENCE. AND SO IF YOU LOOK AT THOSE COLLECTIONS — AND I'VE DONE TWO SLIDES FOR YOU. THIS FIRST ONE STARTS WITH FIVE PERCENT AND GOES ALL THE WAY TO 15%. THAT SECOND SLIDE STARTS AT 20% AND GOES ALL THE WAY TO 30%. AND WHAT I'VE SHOWN YOU IS THE NET DIFFERENCE. I THINK FOR THE PURPOSES OF THE RCA WE USED A FINE PERCENT RETURN THAT'S VERY CONSERVATIVE. BOTH FIRMS ARE MORE CONFIDENT THAN FIVE PERCENT, BUT WE USED THAT AS THE CONSERVATIVE REVENUE. AT THAT REVENUE, THE RETURN TO THE CITY, NET REVENUE TO THE CITY IS ABOUT $450,000 DIFFERENCE. AS YOU MOVE UP FURTHER TO THE RATES OF COLLECTION, THAT GAP WIDENS. AND IF 15% IS REASONABLE OR 20% IS REASONABLE, THEN YOU CAN SEE THERE WAS A PRETTY BIG DIFFERENCE. AND THAT WAS THE DIFFERENCE REALLY IN THE POINT IF YOU LOOK AT YOUR EVALUATION MATRIX. I THINK ALL THREE OF THE TOP FIRMS ARE VERY CAPABLE. AND IF YOU HAVE ANY QUESTIONS REGARDING THIS, I'M BE GLAD TO GO OVER AND TRY TO ANSWER THOSE FOR YOU.

MAYOR GARCIA: QUESTIONS FOR MS. BRUBAKER?

ALVAREZ: YES.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ.

ALVAREZ: EXPLAIN THAT CHART AGAIN. WHAT EXACTLY IS IT INDICATING, NET REVENUE?

HOW WE GOT TO THE NET REVENUE NUMBER, COUNCILMEMBER, IS WE TOOK THE PERCENTAGE OF THE COLLECTION OF THE OUTSTANDING BALANCE. THE ASSUMPTION HERE IS THAT WE'RE WORKING WITH AN OUTSTANDING BALANCE OF $32.9 MILLION. SO IF YOU TAKE THE FIVE PERCENT NUMBER — AND LET'S USE THAT BECAUSE THAT'S A NUMBER THAT'S IN THE RCA. FIVE PERCENT COLLECTION IS EXACTLY THE SAME IN GROSS REVENUES. WHAT IS DIFFERENT IS THE WAY THE FEES ARE CHARGED TO THE CITY. THE RECOMMENDED FIRM CHARGES 20% ON — 20% ON TO THE FINE ONLY. AND THE OTHER ONE, WE USED THEIR LOW NUMBER, WE USED 18% STRAIGHT ACROSS ON THE 18 — 18 OR 20%. THEY CHARGE 20% ON THE WHOLE BALANCE. AND IF YOU GO BACK TO WHAT'S IN THE POOL, PART OF THAT — IN FACT, LET ME SEE. ABOUT A THIRD OF THE MONEY IS COURT COSTS IN THAT POOL OF 32.9 MILLION. SO YOU'RE BEING CHARGED A FEE ON THAT — ON THAT PORTION FROM THE MSB FIRM, AND YOU'RE NOT CHARGED THAT FROM THE OTHER ONE. AND THAT ACCOUNTS FOR THE DIFFERENCE IN THE NET REVENUE REALLY. IT'S HOW THEY CALCULATE THE TOTAL FEE THEY'RE GOING TO CHARGE US. ONE IS CHARGED ON THE WHOLE THING, ONE IS CHARGED ON JUST THE FINE PORTION.

GOODMAN: I HAVE SOME QUESTIONS ON THIS ITEM, MAYOR, IF I COULD. FIRST I HAVE A LEGAL QUESTION OR MAYBE PURCHASING CAN ANSWER THIS. CAN THE PROVISIONS OF AN RFP BE AMENDED FROM THE DIAS AND THEN SO ENTERED INTO ANY CONTRACTUAL AGREEMENT IF THAT WERE PASSED TODAY?

ARE YOU — I'M NOT SURE WHAT YOU WOULD BE ASKING. IN THE STANDARD TERMS, CONTRACT TERMS THE CITY HAS, WE HAVE QUITE A BIT OF LATITUDE ONCE WE HAVE PERMISSION TO NEGOTIATE WITHIN THE SCOPE. NOW, I THINK THAT SAID, WE COULDN'T ASK TO DO A LOT OF DIFFERENT THINGS, COLLECT, SAY, MOVING TICKET BECAUSE THEY WEREN'T IN THERE, BUT WE HAVE A LOT OF NEGOTIATIONS WITHIN THE RANGE OF THE R.F.P.

GOODMAN: OKAY. MAYBE I MISUNDERSTOOD WHAT THE MACHINE IS THEN — R.F.P. IS THEN. BECAUSE I THOUGHT IT WAS A FAIRLY RIGID GUIDELINE THAT WHEN YOU SEND OUT THE R.F.P., THE RESPONSES IS TO THAT R.F.P. — THE RESPONSES TO THAT R.F.P. WERE BASED ON THE ISSUES THAT WERE PRIORITIZED IN THAT.

THAT'S CORRECT.

GOODMAN: SO IF, FOR INSTANCE, UNDER SCOPE OF WORK, SINCE YOU MENTION THAT AND THAT IS SECTION 2 AND 102.3 UNDER THAT IS — THEN 2.3 UNDER THAT — JUST A SECOND. OKAY. UNDER SCOPE OF WORK, IN THE PAPERWORK THAT I WAS GIVEN, UNDER 2.3 IS REFERRAL CRITERIA. AND THIS HAS THREE BULLETS UNDERNEATH IT. ONE SAYS CLASS C MISDEMEANOR CASES WHICH HAVE OUTSTANDING FINES AND/OR FEES NOT LATER THAN TWO YEARS AFTER THE DATE OF FILING. AND THE SECOND BULLET, CIVIL PARKING CASES WHICH HAVE OUTSTANDING FINES AND/OR FEES ONE YEAR AFTER THE DATE OF FILING. AND THE THIRD BULLET IS THE COURT WILL REFER CASES TO THE CONTRACTOR ON A WEEKLY BASIS. IF ANY OF THAT WERE TO BE AMENDED, FOR INSTANCE, TWO YEARS I THINK IS TOO LONG. IF THAT WERE TO BE PROPOSED AS AN AMENDMENT FROM THE DIAS TODAY TO BE NO LATER THAN, SAY, SIX MONTHS OR NO LATER THAN ONE YEAR MAXIMUM, WOULD THAT IN ESSENCE BECOME PART OF THE CONTRACT, NO NEGOTIATION.

THAT COULD BE NEGOTIATED. THAT'S AN OPERATIONAL CRITERIA THAT WAS PUT IN I THINK BASED ON THE WAY THE COURT DOES ITS INTERNAL COLLECTIONS. IF THAT WERE SPEEDED UP AND DONE ON AN 18-MONTH OR WHATEVER BASIS, THE COURT WOULD FEEL IT SHOULD BE TURNED OVER THEN.

GOODMAN: 18 MONTHS?

WELL, YOU'RE SAYING, FOR EXAMPLE THE FEE IS NOT LATER THAN TWO YEARS AFTER THE DATE OF FILING. AND WHAT IS IT — IF YOU WERE SAYING YOU WANT IT NOT LATER THAN ONE YEAR OR NOT LATER THAN WHAT?

GOODMAN: THE FIRST — BASED ON WHAT I FOUND OUT ABOUT THE TYPICAL OPERATING PROCEDURES OF OTHER COURTS, SIX MONTHS OR A YEAR. IN FACT, A YEAR WAS STRETCHING IT FOR MANY OF THEM. IT'S VERY DIFFICULT TO COLLECT OR MUCH MORE DIFFICULT TO COLLECT WHEN AFTER THAT LONG A TIME YOU TRY TO PICK UP A COLD TRAIL.

I WOULD DEFER THAT, IF I COULD. IF THE QUESTION IS COULD THAT BE NEGOTIATED INTO THE CONTRACT, THE ANSWER IS YES, IT COULD, COUNCILMEMBER. THAT COULD BE AMENDED OR DONE ORIGINALLY IN THE CONTRACT.

GOODMAN: OKAY. AND IN THAT SAME CONTEXT, FURTHER DOWN IN 2.4, THE ACTIVITY OF THE CONTRACTOR, THEN IF YOU SAID THE — AS IT READS NOW, THE CONTRACTOR WILL HAVE TWO YEARS FROM THE DATE OF REFERRAL TO COMPLETE THE COLLECTION OF FINES AND/OR FEES OWED ON A CLASS C MISDEMEANOR AND THEN IT ALSO MENTIONS ONE YEAR FROM THE DATE OF REFERRAL TO COMPLETE, I THINK, CIVIL PARKING CASES. COULD YOU ALSO AMEND THE LANGUAGE OF THAT SECTION TO READ SOMETHING LIKE UNLESS REVIEWED OR REASSESSED IN TERMS OF THE TIME PERIOD OR SOMETHING LIKE THAT SO THAT THERE WOULD BE A REVIEW PERIOD AT THE END OF THAT TWO-YEAR TIME FRAME, BUT SPECIFICALLY SOME CASES MAY BE JUST ABOUT TO BE PICKED UP ON OR — IN OTHER WORDS, A GREAT DEAL OF MANY MIGHT BE ALMOST READY TO COME BACK, BUT COULDN'T QUITE FIT INTO THAT TWO-YEAR TIME FRAME. SO IF YOU COULD ADD IN A REVIEW PROCESS AND A REASSESSMENT OF THE TIME NEEDED, THEN THAT WOULD BE POSSIBLE TO ENTER IN WITH THE CONTRACTOR. OKAY. WELL, THOSE WERE MY LEGAL QUESTIONS, I THINK. OTHER THAN IT SEEMS TO ME THAT IN THE PAPER YESTERDAY OR THE DAY BEFORE I SAW SOME REFERENCE TO A COURT, I BELIEVE, MAKING SOME JUDGMENT ABOUT PERHAPS — AND I DIDN'T HAVE TIME TO READ IT. I ONLY GOT SORT OF THE HEADLINES. IT WAS A SMALL ARTICLE. BUT IT MAY HAVE BEEN, I THOUGHT, ABOUT THAT ASSESSMENT OF 30% OVER THAT IS CITY IS ALLOWED TO ADD ON. IS THERE A RECENT COURT RULING THAT WAS REPORTED IN THE LAST COUPLE OF DAYS ABOUT THAT OR ANYTHING ELSE?

MAYOR PRO TEM, I'M FROM THE LAW DEPARTMENT. NO, MA'AM, I'M NOT AWARE OF ANYTHING THAT HAS OCCURRED WITH RESPECT TO THAT PARTICULAR BILL. THAT LAW WAS PASSED IN THE LAST LEGISLATIVE SESSION THAT WOULD ALLOW A MUNICIPALITY TO ADD 30% TO THE AMOUNT OF A PARTICULAR CASE TO COVER THE COST OF COLLECTION. THERE HAD BEEN SOME ISSUES WITH THAT PARTICULAR LAW. IT'S RATHER LOOSELY DRAFTED. THERE IS AN ATTORNEY GENERAL OPINION THAT HAS BEEN REQUESTED ASKING FOR REVIEW OF THAT PARTICULAR PROVISION. AND I'M NOT — I KEEP TRACK OF THESE PARTICULAR ATTORNEY GENERAL OPINION REQUESTS THAT AFFECTS MY AREA, AND I DON'T BELIEVE AS OF YESTERDAY THAT ANYTHING HAS COME OUT.

GOODMAN: AND MAYBE IT WAS SOMETHING — IT JUST SEEMED RELEVANT. BUT IT WAS IN TERMS OF NOT BEING ABLE TO DO SOMETHING BASED ON A CASE AS HAVING A FINE OR NOT EVEN GETTING TO THE FINE STAGE WHERE A TICKET, FOR INSTANCE, WAS PAID INSTANTLY, NOT BEING ABLE TO COUNT IN A THAT IN SOMETHING OR BEING ABLE TO COUNT THAT IN SOMETHING.

I CAN'T SPEAK TO THAT, MAYOR PRO TEM. IF I FIND THAT, I'LL READ IT AND THEN I CAN PROVIDE YOU WITH A REVIEW OF THAT. IF YOU FIND MORE INFORMATION ON IT AND WANT IT SEND IT TO ME, I'LL BE MORE THAN HAPPY TO LOOK AT IT.

GOODMAN: I'LL HAVE TO GET THAT PAPER OUT OF THE RECYCLING STACK. OKAY. THOSE ARE MY QUESTIONS UNTIL, MAYOR, AFTER THE SPEAKERS.

MAYOR GARCIA: THANK YOU, MAYOR PRO TEM. ARE THERE ANY OTHER QUESTIONS FROM THE COUNCIL AT THIS TIME? I HAD A QUICK QUESTION. YOU INDICATED THAT IN THE CASE OF ONE FIRM OR ANOTHER MORE WORK WOULD COME CLOSE TO YOUR STAFF IN THE OTHER CASE. CAN YOU ELABORATE ON THAT?

A LITTLE BIT. THE TWO COMPANIES OPERATE VERY DIFFERENTLY. ONE HANDLED MORE THINGS BY MAIL AND ONE HANDLED MORE OF A COMBINATION OF MAIL AND PHONE. IT WAS OPINIONS THAT WE WOULD GET MORE PHONE CALLS THAT WOULD TAKE MORE PHONE CALLS FROM ONE FIRM THAN THE OTHER FIRM. THAT WAS TAKEN INTO CONSIDERATION WHEN WE RATED THE COMPANIES, GIVING THEM PLUS OR MINUS VOTES, AND THEY WERE FIVE OF US. TAKING THAT INTO CONSIDERATION, STILL USING THAT MATRIX, ONE COMPANY CAME OFF SLIGHTLY HIGHER. SO EITHER COMPANY WOULD BE FINE, BUT RATING IT THE WAY WE DID GOING THROUGH THE PROCESS IS FINE. WE TOOK THAT IN CONSIDERATION WHEN WE RATED THEM.

MAYOR GARCIA: AND I THINK YOU ALSO INDICATED THAT THERE WAS A POTENTIAL PERHAPS FOR ONE FIRM BEING ABLE TO COLLECT — YIELD MORE MONEY, IS THAT CORRECT?

I JUST COULD GO BY THEIR BIDS ON THAT. I DON'T KNOW.

MAYOR GARCIA: THEY WOULD TAKE 20%, CORRECT?

AT THIS POINT 20%. BOTH OF THEM — ONE HAD GIVEN US A SLIDING SCALE THAT STARTED AT ONE POINT AND IF THEY COLLECTED SO MUCH, WE WOULD GIVE THEM MORE. WE WERE GOING BY THE AGES OF THE CASES THAT WERE TURNED OVER, WE FELT THE FLAT 20% WOULD BE BETTER AT THIS POINT. AND THAT WOULD BE THE SAME AS THE OTHER COMPANY, OTHER THAN ONE COMPANY IS CHARGING 20% OF THE FINE ONLY AND THE OTHER IS 20% OF THE ENTIRE AMOUNT ON THE CASE, WHICH WOULD BE TWO-THIRDS VERSUS THE ENTIRE THING.

MAYOR GARCIA: AND IF THIS LAW THAT IS BEING CHALLENGED BY THE ATTORNEY GENERAL, IF THAT LAW COMES TO BE CONSTITUTIONAL, THEN WE WOULD GET THE FULL AMOUNT AND THEY WOULD TAKE THEIR COMMISSION FROM THE AD-ON?

I'M AFRAID I WILL HAVE TO ASK FOR CLARIFICATION, MAYOR. WHAT ARE YOU ASKING AGAIN, IF I MIGHT?

MAYOR GARCIA: RIGHT NOW UNDER THE LAW THAT IS IN EFFECT, WITHOUT THE NEW LAW THAT IS BEING CHALLENGED BY THE ATTORNEY GENERAL, THE COMMISSION THEY GET IS BASICALLY FROM THE MONTH THAT THEY COLLECT. THEY DON'T ADD ANYTHING, CORRECT?

YES, THAT'S RIGHT, CORRECT. WHAT WE — THE POWERS THAT WE ARE PROPOSING THIS CONTRACT UNDER ARE OUR HOME RULE MUNICIPALITY AUTHORITY THAT WE CAN DO THIS EVEN BEFORE THE NEW LAW CHANGED. AND THIS IS A PERCENTAGE OF THE AMOUNT THAT'S COLLECTED. IF THE COUNCIL WERE TO ADOPT A RESOLUTION THAT IMPLEMENTS THE NEW LAW, THEN THAT WOULD BE — THE COST OF COLLECTION WOULD BE FROM THE 30% THAT WOULD BE ADDED ON TOP OF THE AMOUNT THAT IS BEING COLLECTED.

I WOULD LIKE TO CLARIFY ONE THING, THOUGH. IT HAS BEEN THE OPINION FROM THE LAW DEPARTMENT THAT FEES CAN ONLY BE ADDED TO THE CASES IN WHICH THERE ARE CONVICTIONS, WHICH IS WHY WE GAVE YOU THE FIRST SLIDE. ONLY A THIRD OF WHAT WE'RE TURNING OVER WILL HAVE CONVICTIONS. SO TWO-THIRDS OF WHAT WE'RE TURNING OVER WOULD REALLY NEVER APPLY TO — I THINK IN THE OPINION OF THE LAW DEPARTMENT, UNLESS THE WHOLE THING IS UNCONSTITUTIONAL.

MAYOR GARCIA: CAN WE THROW THE TRANSPARENCY ON THERE THAT HAS THE AMOUNTS? NO, NOT THAT ONE. NOT THAT ONE. THE ONE THAT HAS THE NUMBERS. THE ONE THAT SAYS — OKAY. THAT ONE. THE SIX MILLION DOLLARS IN PARKING, THAT DOESN'T REQUIRE A CONVICTION, RIGHT?

WELL, WE HAVE A SEPARATE SYSTEM THAT'S A CIVIL SYSTEM. IT'S NOT — WHEN YOU TALK ABOUT CONVICTIONS, YOU TALK ABOUT CONVICTIONS IN THE CONTEXT OF THE CRIMINAL CASES. IN THE CIVIL CASES IT'S THEY'RE HELD LIABLE.

MAYOR GARCIA: OKAY. AND DO THEY ADD 30% TO THIS ONE TOO, IF THE LAW IS CONSTITUTIONAL?

YES.

MAYOR GARCIA: AND THEY WILL NOT BE ADDING THAT UNTIL THE ATTORNEY GENERAL ISSUES AN OPINION?

WELL, THEY COULDN'T ADD THAT UNTIL AND UNLESS THE COUNCIL DECIDED TO PASS A RESOLUTION AUTHORIZING THE ADDITION OF THAT FEE, JUST THE SAME AS THE COUNCIL MUST APPROVE ALL OF THE CHARGING AND THE COLLECTION FOR FEES, THE SAME WOULD BE THE CASE HERE. WE WOULDN'T BE ABLE JUST BASED ON WHAT HAPPENS TODAY TO AUTOMATICALLY CHANGE THE WAY THAT THE CONTRACT READS TO GO UNDER WHAT MEETS THIS NEW LAW UNLESS WE CAME BACK TO COUNCIL AND GOT THE AUTHORIZATION THROUGH A RESOLUTION.

MAYOR GARCIA: IF WE AMEND THE MOTION TODAY TO SAY AT THE TIME THAT THE ATTORNEY GENERAL DECIDES THAT THIS LAW IS CONSTITUTIONAL, YOU'RE AUTHORIZED TO GO AHEAD AND PROCEED ADDING THAT CHARGE. CAN THAT BE DONE?

IT COULD BE DONE.

MAYOR GARCIA: WE HAVE FIVE SPEAKERS. AND I'M GOING TO BE CALLING THEM IN THE ORDER IN WHICH THEY SIGNED UP. THOMAS GIAMBI? LORI MICHELLE? WELCOME, SIR. GOOD AFTERNOON AND THANK YOU, COUNCIL AND MR. MAYOR. MY NAME IS THOMAS GIAMBI. I'M HERE TO RESPECTFULLY TALK TO YOU ABOUT WHY IT'S IN THE CITY'S BEST INTEREST TO AWARD THIS COUNTY TO MUNICIPAL SERVICES BUREAU. WE ARE A LOCAL FIRM. A BIT OF BACKGROUND, IF I MAY. WE WERE ESTABLISHED IN 1991 SPECIFICALLY TO PROVIDE COLLECTION SERVICES TO COURTS. WE STARTED WITH TWO PEOPLE HERE IN AUSTIN IN AN EXECUTIVE SUITE SETTING AND WE KNOW HAVE 100 PEOPLE HERE IN AUSTIN ON BALCONES DRIVE. WE ARE AN AUSTIN SUCCESS STORY. WE'VE BEEN NAMED BY THE AUSTIN BUSINESS JOURNAL AS ONE OF AUSTIN'S 50 FASTEST GROWING PRIVATE COMPANIES FIVE YEARS IN A ROW. FRANKLY, THERE'S A NUMBER OF REASONS THAT WE'RE GOING TO BE ABLE TO NOT JUST EXCEL, BUT EXCEED EXPECTATIONS AND EXCEED THE LEVEL OF PERFORMANCE THAT OUR COMPETITORS CAN PROVIDE UNDER THIS CONTRACT. AND IF I MAY, I'D LIKE TO START WITH OUR PEOPLE. I MENTIONED THAT WE'VE GOT MORE THAN 100 PEOPLE HERE IN AUSTIN. IF I MAY, A NUMBER OF THOSE PEOPLE, ABOUT 60%, ARE HERE IN THE AUDIENCE TO SUPPORT THE COMPANY. IF I MAY, COULD I ASK ANYONE ASSOCIATED WITH THE COMPANY TO STAND OR RAISE THEIR HAND? THIS IS PART OF OUR EXPERTISE. THIS IS WHAT WE BRING TO THE TABLE. WE'VE GOT PEOPLE THAT HAVE BEEN WITH THE COMPANY MUCH LONGER THAN MANY OF OUR COMPETITORS HAVE EVEN BEEN IN BUSINESS. THANK YOU VERY MUCH, FOLKS. AND THEY'RE A BIG PART OF OUR SUCCESS. AND THE FACT THAT WE ARE LOCAL CERTAINLY CREATES AN IMPACT, BUT THERE ARE SOME PRACTICAL VALUES, THINGS THAT WE BRING TO THE TABLE THAT OTHERS SIMPLY DO NOT BRING TO THE TABLE THAT WILL LEAD US TO PERFORM TO A HIGHER LEVEL. SPECIFICALLY SOME EXAMPLES, IF I MAY, ONE OF THE BIG PROBLEMS EVERY COURT HAS IS YOU'VE GOT A BACKLOG OF CASES, AND A GREAT PERCENTAGE OF THOSE CASES, THE ADDRESS INFORMATION IS SIMPLY NO LONGER VALID. WE HAVE TOOLS TO LOCATE THESE PEOPLE THAT OTHER VENDORS SIMPLY DO NOT. AND THE ONE THAT I'M GOING TO POINT OUT IS MAYBE THE MOST LOGICAL ONE. WE WORK WITH 325 OTHER TEXAS COURTS. ALL OTHER VENDORS COMBINED WORK WITH LESS THAN 100 COURTS OR SO. WE'RE GOING TO BE ABLE TO CROSS REFERENCE YOUR CASES AGAINST ALL THE CASES OF THOSE OTHER JURISDICTIONS. YOU'VE GOT AN OLDER CASE A CITY DOWN THE HIGHWAY HAS ANOTHER CASE IN THAT SAME INDIVIDUAL YEARS LATER, SUDDENLY WE HAVE A NEW ADDRESS AND PHONE NUMBER. IT'S PROPRIETARY AND ONE OF A KIND, IT CAN'T BE DUPLICATED. A COUPLE OTHER POINTS IN FACT, WE DO HAVE AN ATTORNEY ON STAFF. THAT ATTORNEY IS THE LEGAL COUNSEL FOR THE TEXAS COURT CLERK'S ASSOCIATION. SO THE EXPERTISE THAT WE HAVE WITHIN THE ORGANIZATION FROM NOT JUST A COLLECTION PERSPECTIVE, BUT FROM A LEGAL PERSPECTIVE IS THERE. WE ARE ASSOCIATE MEMBERS OF THE TEXAS COURT CLERKS ASSOCIATION. WE'RE ALSO 10-YEAR MEMBERS OF THE AMERICAN COLLECTORS ASSOCIATION. AND HAVE BEEN MEMBERS OF THE TEXAS MUNICIPAL LEAGUE FOR 10 YEARS. WE'RE THE ONLY FIRM OF OUR KIND THAT IS A MEMBER OF THE TEXAS MUNICIPAL LEAGUE. AND THE POINT OF FACT AS WELL, WE'RE THE ONLY PRIVATE VENDOR THAT HAS EVER RECEIVED WHAT IS CALLED THE BOARD OF DIRECTORS AWARD FROM THE TEXAS COURT CLERKS ASSOCIATION.

MAYOR GARCIA: LORI MICHELLE, DO YOU WANT TO GIVE SOME TIME TO HIM?

[ INAUDIBLE ]

MAYOR GARCIA: OKAY. GIVE HIM AN EXTRA THREE MINUTES.

MAYOR, HENRY GILMORE. I DID SIGN UP AND I GAVE MY TIME.

MAYOR GARCIA: THAT'S RIGHT. YOU DON'T NEED TO GIVE YOUR TIME.

I'M SORRY, WOULD I BE GIVING HIM MY TIME?

MAYOR GARCIA: RIGHT.

OH, NO.

MAYOR GARCIA: HENRY GILMORE IS GOING TO GIVE YOU THREE MORE MINUTES. IF YOU COULD GIVE THREE MORE MINUTES ON THE CLOCK.

QUICKLY I'LL MOVE FORWARD. WE HAVE 13 JURISDICTIONS HERE IN TEXAS WITH A POPULATION OF 100,000 OR MORE THAT WE PROVIDED COLLECTION SERVICES. THE ONLY TWO FINAL LISTS TO THIS PROJECT HAVE ZERO. OUR EXPERIENCE IS THERE IN WORKING WITH LARGE JURISDICTIONS. I MENTIONED WE HAVE 325 TEXAS COURTS UNDER CONTRACT. WE SPECIFICALLY PROVIDE COLLECTION SERVICES FOR COURT FINES. WE HAVE 600 TOTAL GOVERNMENT ENTITIES NATIONWIDE UNDER CONTRACT. WE ALSO HAVE MAINTAINED A LOCAL BANKING RELATIONSHIP FOR MORE THAN 10 YEARS. ALL OUR FUNDS ARE DEPOSITED AND MAINTAINED LOCALLY. IN SUMMATION SEVERAL POINTS ARE KEY. THERE WAS TWO CATEGORIES, IF YOU RECOLLECT FROM THE SLIDE. ONE WAS THE SYSTEM CONCEPT AND SYSTEM SOLUTION PROPOSED. THE SECOND WAS APPLICABLE EXPERIENCE AND PRIOR PERFORMANCE. WE WERE THE HIGHEST RATED VENDOR IN BOTH OF THOSE CATEGORIES. THE STAFF EVALUATION TELLS YOU THAT WE ARE JUST THE MOST COMPETENT, EXPERIENCED VENDOR THAT OFFERS THE BEST SOLUTION. FRANKLY, WITH EVERYONE ONE PERCENT INCREASE IN PERFORMANCE — AND THERE'S AN EXPECTATION THAT WE WILL PERFORM TO A HIGHER LEVEL GIVEN OUR EXPERIENCE, THAT MEANS $150,000 MORE IN REVENUE BACK TO THE CITY AND WE'RE GOING TO BE ABLE TO QUICKLY AND EASILY IN MY MIND EXCEED THE DIFFERENCE IN THE FEES THAT MIGHT COME UP IN THIS CONVERSATION. THE LAST POINT THAT I WOULD MAKE IS THAT THERE IS A REQUEST FOR AN ATTORNEY GENERAL'S OPINION REGARDING THE 30% ADD-ON,. WHETHER THAT COMES BACK POSITIVE ON NOT, THIS IS BOUND TO BE FIXED IN THE NEXT LEGISLATIVE SESSION. WHEN THAT 30% ADD-ON IS ADDED TO THE ORIGINAL AMOUNT OWED, THE DIFFERENCE IN ANY FEE ISSUES BECOME MOOTD, MEANING THE CITY WILL BE MADE WHOLE AND RECEIVE 100% OF THE AMOUNT OWED AND OUR FEE COMES FROM THE AD-ON AND THE DEFENDANT WHO IS CAUSE CAUSING THE COST TO BE INCURRED. SO ANY DIFFERENCE IN FEES BETWEEN US AND ANY OTHER VENDOR IS INSIGNIFICANT ONCE THAT 30% IS ADDED ON. FINALLY, BEING A LOCAL COMPANY, ALL OF OUR CLIENTS, THE SIX HUNDRED GOVERNMENT CLIENTS, OUR INCOME COMES FROM OUTSIDE THE COUNTY, DEPOSITED IN A LOCAL BANK AND PAYS THE EMPLOYEES HERE AND SUPPORTS THEIR FAMILIES AND PAYS RENT AND DOES EVERYTHING ELSE. IF IN FACT OUR POSITION IS WEAKENED IN THE MARKETPLACE, IT'S GOING TO MAKE IT TOUGHER FOR US TO MAINTAIN THAT BUSINESS PLACE, OUR POSITION IN THE BUSINESS PLACE. WE WOULD URGE YOU TO SUPPORT THE COMMUNITY. WE THINK WE CAN DO THE BEST JOB AND I THINK OUR EXPERIENCE AND STAFF RECOMMENDATION SHOWS THAT WE ARE THE MOST QUALIFIED, MOST EXPERIENCED VENDOR THAT OFFERS THE BEST SOLUTION. I THANK YOU VERY MUCH AND CERTAINLY I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

MAYOR GARCIA: THANK YOU VERY MUCH. COUNCILMEMBER WYNN?

WYNN: THANK YOU. I GUESS YOU SAW THE CHART UP EARLIER THAT SHOWED, I GUESS, YOUR FIRM HAVING LESS INCOME TO THE CITY. AND IF I'M UNDERSTANDING YOU, WHAT YOU'RE SAYING IS THAT STAFF WHO ANALYZED THE PROPOSAL WILL BEING TOO CONSERVATIVE IN THEIR ASSUMPTION ABOUT WHAT PERCENTAGE OF FEES WOULD BE COLLECTED AND THEREFORE —

I COULDN'T SPEAK TO STAFF'S OPINION OR POSITION, BUT WHAT IT DOES DO CLEARLY IS IT COMPARES BOTH FIRMS COLLECTING THE ACT SAME AMOUNT OF MONEY. FRANKLY, WE WOULD SAY IT'S ILLOGICAL TO THINK THAT OTHERS COULD COLLECT THE SAME AMOUNT OF MONEY THAT WE COULD. WE'RE GOING TO BE ABLE TO COLLECT MORE MONEY BECAUSE OF THE EXPERIENCE POINTS THAT I MENTIONED, AND AGAIN THE STAFF'S SCORING MATRIX INDICATES THAT WE'RE THE MOST EXPERIENCED WITH THE BEST SOLUTION, WHICH WOULD LEAD YOU TO BELIEVE THAT WE'RE GOING TO CLEBLGHT A HIGHER PERCENTAGE OF MONEY. SO WITH THAT FACTOR ADDED ON, WHICH IS NOT CONTEMPLATED IN THE GRAPH THAT WAS PRESENTED, THAT THROWS THOSE FIGURES OUT THE WINDOW.

WYNN: THANK YOU.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: JUST ONE QUESTION. HOW LONG HAVE YOU BEEN IN BUSINESS HERE IN AUSTIN?

11 YEARS. SINCE MAY OF 1991, SIR.

MAYOR GARCIA: ANYBODY ELSE AT THIS TIME? THANK YOU, SIR. LOWERLY I MA — LORI MICHELLE. SORRY ABOUT THE CONFUSION.

I'VE GOT TO LEARN THE RULES AROUND HERE, I GUESS. THANK YOU, MAYOR.

MAYOR GARCIA: CAN YOU — THERE'S THE THE MIC IN FRONT OF YOU.

MEMBERS OF THE COUNCIL, MY NAME IS LORI MICHELLE AND I'M A PARTNER WITH THE AUSTIN-BASED LAW FIRM. OUR LAW FIRM IS HEAD QUARTERED HERE IN AUSTIN. WE EMPLOY APPROXIMATELY 100 PEOPLE HERE IN THE AUSTIN AREA. 800 THROUGHOUT TEXAS AND THE NATION. OUR LAW FIRM HAS EXTENSIVE EXPERIENCE IN REPRESENTING MUNICIPALITIES IN THE COLLECTION OF CLINIC WENT FEES AND FINES. WITHIN TEXAS WE REPRESENT THE CITIES OF DALLAS, HOUSTON, SAN ANTONIO AND CORPUS CHRISTI. OUTSIDE OF THE STATE WE HAVE BEEN MOST RECENTLY RETAINED BY THE CITIES OF CHICAGO AND DETROIT. THIS IS A LITTLE UNUSUAL. AT THIS POINT I WOULD JUST LIKE TO MAKE IT VERY CLEAR TO THE COUNCIL, ALTHOUGH WE DID SUBMIT A PROPOSAL AND WE RANKED FOURTH IN THE RANKING OF THE VENDORS, IT MAY BE MOOTD BASED ON OUR — MOOT BASED ON OUR RANKING. I'M NOT HERE TO ASK THE COUNCIL TO HIRE US. THAT IS NOT THE PURPOSE OF MY TIME BEFORE THE COUNCIL AT THIS POINT. MY PURPOSE HERE BEFORE THE COUNCIL IS TO SIMPLY OFFER OUR EXPERTISE AND EXPERIENCE TO THE COUNCIL SHOULD IT NEED IT PROSPECTIVELY AND ON AN ONGOING BASIS. THERE ARE SERIOUS CONCERNS THAT WE SEE WITH THE PROPOSAL — WITH THE R.F.P. AS IT WAS WRITTEN. IT WAS TOUCHED ON EARLIER, THE DELAY AND TIME OF THE TURNOVER OF ACCOUNTS. AND JUST TO HIT ON A REBUTTAL POINT, ON THE PROJECTED FIVE PERCENT THAT IS ANTICIPATED IN RETURNS, STATISTICS EMPIRICAL DATA SHOWS THAT IS UNREALISTIC. AT TWO YEARS OF TURNOVER, THE CITY CAN AT BEST GET ONE, MAYBE TWO PERCENT. SO THE NUMBERS — BASED ON OUR EXPERIENCE SHOW THAT IN A PRICE WATER HOUSE STUDY OF PRIVATE COLLECTION AGENCIES THAT WAS PUBLISHED IN '98 SUPPORTS THAT AS WELL, JUST FOR YOUR INFORMATION THERE. THE DELAY IN TURNOVER OF THE ACCOUNTS IS A CRITICAL, CRITICAL FACTOR IN MAXIMIZING COLLECTION EFFORTS. SECONDLY, THE CONDUCTING OF THOROUGH INVESTIGATIONS OF VENDOR RESOURCES SHOULD ALSO BE ENCOURAGED. I KNOW THAT THE COUNCIL, THE STAFF MEMBERS DID THAT, BUT THINGS SUCH AS UTILIZATION OF SKIP TRACING EFFORTS, THE USE OF PREDICTED DIALERS AND STATE-OF-THE-ART TECHNOLOGIES SHOULD ALL BE CONSIDERED. AND IN RESPONSE TO THE GENTLEMAN WHO SPOKE BEFORE ME WITH REGARD TO HIS FIRMS' RESOURCES, WE HAVE THEM. OUR LAW FIRM ALSO HAS 80 LAWYERS TO ADDRESS THE THIRD POINT OF CONSIDERATION THAT THE CITY NEEDS TO BE AWARE OF, THE LEGAL ISSUES THAT NEED TO BE CONCERNED. [ BUZZER SOUNDS ] THANK YOU.

MAYOR GARCIA: THANK YOU, MS. MICHELLE. MICHAEL PENAPOLLI? AND FOLLOWING HIM IS DIANA GRANGER. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

... A COMPANY OUT OF HOUSTON AND THEN ALLEGIANCE CORPORATION. IN 1998, I LEFT ALLEGIANCE CORPORATION AND STARTED MY OWN BUSINESS, STATE METROPOLITAN AND COUNTY SERVICES IN ARLINGTON. WITH ALL OF THIS EXPERIENCE AND EVERYTHING, WE TOOK OFF AT A RUNNING START. AND — AND IN LESS THAN A YEAR, THE — THE ALLEGIANCE CORPORATION BASED OUT OF HOUSTON HAD TO — TERMINATED ALL OF THEIR MUNICIPAL COURT CONTRACTS. AND I'VE REGAINED ALMOST ALL OF THOSE SINCE THEN. SINCE THAT TIME. THE QUESTION CAME UP ABOUT EXPERIENCE. I HAVE MORE EXPERIENCE. I STARTED IN 1990. AND HOW MANY LARGE GOVERNMENT ENTITIES? WE HAVE THREE GOVERNMENT ENTITIES THAT ARE OVER HALF A MILLION EACH. AND THAT STARTS WITH THE CITY OF FORT WORTH, TRAVIS COUNTY, I DO WORK FOR TRAVIS COUNTY, AND THE FIRST JUDICIAL DISTRICT OF PENNSYLVANIA, IN PHILADELPHIA. SO — SO WE UNDERSTAND WHAT THE WHOLE BUSINESS IS ABOUT. IT NOT LIKE WE ARE NOT THERE. WHEN THE EVALUATION TEAM CAME FOR AN ONSITE VISIT, WE SHOWED THEM EVERY FACET OF OUR OPERATION AND WE WON THE ONSITE VISIT. WE SHOWED THEM AND WE WERE AWARE AFTER THEY SAW HOW MANY CONTACTS WE CAN GENERATE, THEY SAW THAT — THEIR CONCERN WAS ABOUT THE PHONE CONTACTS. ALL OUR LETTERS HAVE OUR PHONE NUMBERS AND OUR STATE-OF-THE-ART PHONE CENTER. AND WE HANDLE ALL OF THOSE CALLS THAT COME IN. IT WON'T INUNDATE THE — THAT'S SOMETHING THAT I DON'T KNOW WHERE THAT CAME FROM. THE MUNICIPAL COURTS. WE DO FORT WORTH RIGHT NOW. IN THE FIRST NINE MONTHS OF LAST YEAR ON THE FISCAL YEAR, WE COLLECTED OVER $1.5 MILLION FOR THE CITY OF FORT WORTH'S WARRANTS. AND WE HAVE THE RESOLUTIONS. I HAVE A LIST OF ALL OF THE RESOLUTIONS THAT WE HAVE AND SHOWS OUR PERCENTAGES ON THE RESOLUTION ACCOUNTS. AND WE EXCEL. WE NOT ONLY HAVE THESE — THESE SKIP TRACING CAPABILITIES, WE HAVE THE DRIVER'S LICENSE DATA BASE FOR THE STATE OF TEXAS IN OUR DATA BANK. WE GET WEEKLY UPDATES ON IT. WE OWN IT. WE ALSO HAVE THE MOTOR VEHICLE REGISTRATION FOR THE STATE OF TEXAS. WE HAVE THE DEF DATA BASE AND THE FELON DATA BASE FOR THE STATE OF TEXAS, ALL OF THESE [BUZZER SOUNDING] MAKE US BY FAR THE BEST OF ANY SKIP TRACE, ANY OF THESE TECHS. ALL THAT I'M ASKING — OF THESE TECHNIQUES. ALL I'M ASKING IS FOR THE CITY COUNCIL — I THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY AND THAT YOU VOTE FOR THE APPROVAL OF THE STAFF RECOMMENDATION FOR THIS CONTRACT AND I'M SORRY I DIDN'T HAVE ENOUGH TIME TO COVER ALL OF THE POINTS THAT WERE BROUGHT UP. THAT WERE KIND OF NEGATIVE, BUT I ASSURE YOU THAT WE STILL, WE ARE STILL THE BEST CHOICE FOR THE CITY OF AUSTIN. AND I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.

MAYOR GARCIA: ANY QUESTIONS FOR MR. DENAPOLI? THANK YOU VERY MUCH, SIR.

THANK YOU. MS. DEANNA L. GRANGER, MS. GRANGER, WELCOME.

GOOD AFTERNOON, MAYOR, COUNCILMEMBERS, CITY MANAGER AND CITY ATTORNEY. I WANTED TO SAY HI TO THE CITY ATTORNEY, NOBODY EVER SAID HI TO ME WHEN I WAS UP THERE. [ LAUGHTER ] I'M HAPPY TO BE HERE. I'M HERE ON BEHALF OF STATE METROPOLITAN AND COUNTY SERVICES. THEY WERE RANKED BEST OUT OF NINE PROPOSALS BY THE STAFF AND THE STAFF LOOKED OVER EVERY EXCRUCIATING DETAIL OF THESE PROPOSALS. I UNDERSTAND THEY SPENT ABOUT TWO YEARS PREPARING AND IMPLEMENTING THE PROPOSAL. SO — SO THEY HAVE TAKEN A LOT OF TIME AND CARE IN MAKING THEIR RECOMMENDATION. PART OF THE R.F.P. REQUIRED THAT THE PROPOSER SUBMIT AN ANTI-LOBBYING AFFIDAVIT. THAT REQUIRED THAT THEY WOULD NOT APPROACH COUNCILMEMBERS, STAFF, TO INFLUENCE THE DECISION. MY CLIENT SUBMITTED THAT AFFIDAVIT. I'M NOT SURE THAT EVERYBODY ELSE DID. THAT'S NOT WHAT I'M HERE ABOUT. MY POINT IS HE — HE WANTED TO HONOR THAT OBLIGATION AND HE DID NOT CONTACT CITY COUNCIL MEMBERS OR STAFF TO TRY TO INFLUENCE. HOWEVER, HE CALLED ME JUST THIS PAST MONDAY SAYING, I HAVE NOT HAD A CHANCE TO BE ASKED ANY QUESTIONS. I'VE NOT HAD A CHANCE TO TALK TO COUNCIL AT A COUNCIL MEETING, I HAVE BEEN THERE THE PAST TWO TIMES, THEY HAVEN'T HAD A CHANCE TO CONSIDER IT. I UNDERSTAND THAT MAYBE THE ENTIRE PROCESS MAY BE THROWN OUT AND THEY ARE GOING TO START ALL OVER AGAIN. I NEED HELP. AND I TOLD HIM, GIVEN THAT THERE'S AN ANTI-LOBBYING PROVISION IN EFFECT, I WILL DO WHAT I CAN, BUT WE MAY BE LIMITED IN WHAT WE CAN DO. SO I SUBMITTED AN OPEN RECORDS REQUEST THAT I HAVE ATTACHED TO THE LETTER THAT I JUST PASSED AROUND, WHICH IT'S IN YOUR OFFICES. TRYING TO FIND OUT WHAT HAS BEEN SAID ABOUT THE — THE R.F.P. ABOUT THE PROPOSAL THAT IS TOP RANKED BY THE STAFF ABOUT MY CLIENT. MY CLIENT WOULD TRY TO ADDRESS SOME OF THE — WELL, HE WAS HOPING TO ADDRESS SOME OF THE ISSUES THAT HAD BEEN RAISED ABOUT — ABOUT WHAT HIS LIMITATIONS ARE, HIS COMPANY'S LIMITATIONS ARE, BUT RAN OUT OF TIME. I ASSURE YOU, THOUGH, THAT THE STAFF LOOKED AT ALL OF THESE ISSUES AND THEN MADE THEIR RECOMMENDATION TO YOU. WHEN I TRIED TO DETERMINE WHAT ELSE THAT I COULD DO TO HELP MY CLIENT, I FELT FOUND BY THE ANTI-LOBBYING REQUIREMENTS, EVEN THOUGH THERE IS — THERE ARE NO ADVERSE RAMIFICATIONS IF SOMEBODY BREACHES THAT PROVISION. SO — SO IT'S MY UNDERSTANDING SOME OF YOU MAY HAVE BEEN LOBBIED. I CAN'T SAY FOR SURE. BUT MY POINT HERE IS WHY INCLUDE AN ANTI-LOBBYING PROVISION IN AN R.F.P. IF ANYBODY CAN DO IT AND THEY WILL NOT BE DISQUALIFIED FOR DOING IT? YOU ARE NOT PUTTING EVERYBODY ON THE SAME PLAYING FIELD AND I DON'T THINK THE CITY GETS THE BEST OUTCOME BECAUSE YOU WASTE MORE TIME AND MONEY, STAFF-WISE AND RESOURCES, BY — BY HAVING THEM GO THROUGH THE ENTIRE PROCESS AND THEN HAVING FOLKS LOPE YOU DIRECTLY OR YOUR STAFF OR OTHER STAFF [BUZZER SOUNDING] AND OTHER ISSUES ARE TAKEN INTO THE EQUATION. I THANK YOU FOR YOUR TIME AND CONSIDERATION AND JUST ASK THAT IF — IF YOU DECIDE THAT YOU WANT TO CONSIDER SOME FACTORS OTHER THAN THOSE INCLUDED IN THE MATRIX, LIKE — WHICH IS A LOCAL FIRM, THAT THEN MAYBE YOU GIVE THE TOP THREE PROPOSED A CHANCE TO ADDRESS THOSE ISSUES ANEW INSTEAD OF JUST DECIDING WE ARE GOING TO CONSIDER SOME EXTRANEOUS FACTORS THAT NOT EVERYBODY HAD A CHANCE TO RESPOND TO. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. GRANGER. QUESTIONS ANYBODY AS FAR AS THE SPEAKERS? MAYOR PRO TEM?

GOODMAN: I HAVE A COMMENT. IN THE LETTER FROM MS. GRANGER, SHE SPECIFICALLY SAYS, AS SHE MENTIONED AT THE PODIUM, "THAT AN ENTIRELY NEW R.F.P. PROCESS MIGHT BE INITIATED BEFORE HIS PROPOSAL WAS CONSIDERED." SINCE THE NEW R.F.P. PROCESS POTENTIAL WAS MY IDEA, I THOUGHT THAT I WOULD ALSO REASSURE YOU THAT I HAVE NOT MET WITH ANYONE. I HAVE NOT BEEN LOBBIED. OF COURSE IT'S NOT BEFORE ANY PROPOSAL WAS BEING CONSIDERED. THE STAFF HAS ALREADY CONSIDERED ALL PROPOSALS AND WHAT COUNCIL HAS TO DO IS TRY TO PULL THE INFORMATION FROM STAFF RELATIVE TO WHAT THE ISSUES ARE THAT I WANT TO KNOW ABOUT IN MY CASE. AND I HAVE MENTIONED SOME OF THOSE ALREADY.

MAYOR GARCIA: COUNCIL, DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF?

MAYOR, IF I MIGHT?

MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MS. BRUBAKER, WHO WERE THE FIVE STAFF THAT SAT ON THE EVALUATION TEAM?

THERE WERE FIVE STAFF MEMBERS FROM MUNICIPAL COURT. YOU WANT TO KNOW PARTICULARLY WHO THEY WERE?

WYNN: WELL, JUST THEIR TITLES. WHAT TYPE OF —

OKAY. THERE WAS MYSELF, THERE WERE TWO — WELL, THERE WAS THE FINANCIAL MANAGER, THERE WAS THE CITY MARSHAL WAS ON THERE BECAUSE HE'S OVER THE COLLECTIONS UNIT OF MUNICIPAL COURT. THE COLLECTIONS SUPERVISOR. AND THE CUSTOMER SERVICE REPRESENTATIVE THAT WOULD BE TAKING IN THE MONEY, THAT TYPE OF A THING. SO — SO BASICALLY THREE MANAGERS, MYSELF AND A SUPERVISOR.

WYNN: HOW IS IT THAT WE HAVE WAITED SO LONG ON THESE COLLECTIONS? HOW IS IT THAT WE GET SO MANY YEARS BEHIND THAT — THAT — INTUITIVELY I DO BELIEVE HURT THE LIKELIHOOD OF — OF —

ACTUALLY, WHEN WE CAME UP WITH THAT, THAT TIME DELAY, I'M GOING TO PUT ON MY HAT HERE AS I'M IN THE COLLECTION BUSINESS ALSO TO SOME EXTENT ON THIS. AND ALL OF US WOULD LIKE TO HAVE THESE CASES LESS THAN TWO YEARS BECAUSE THAT'S WHERE YOU GET YOUR MONEY. YOU TAKE YOUR CREAM OFF THE CROP. THE EASIER STUFF AT FIRST. OUR COURT HAPPENS TO HAVE, ACCORDING TO OUR EVALUATIONS ANYWAY, THE BEST COLLECTION RATE DURING THE FIRST TWO YEARS OF ANY OF THESE CITIES IN TEXAS. WE HAVE AN EXCELLENT, EXCELLENT COLLECTION RATE, WHICH I FEEL IS GOING TO COMPETE AGAINST THIS OTHER — THE COMPANIES. AFTER TWO YEARS, HOWEVER, IT DECREASES DRAMATICALLY. OKAY? SO WE ARE THE ONES THAT ASKED THAT IT BE DELAYED FOR TWO YEARS AT THIS TIME BECAUSE OF OUR COLLECTION RATE.

WYNN: THANK YOU, MAYOR.

GOODMAN: MAYOR, IF I COULD ANSWER PART OF WHAT MY ISSUES WERE IN TRYING TO FIND OUT ABOUT THAT TWO-YEAR THING IS THAT, YEAH, ANYBODY WHO HAS GOT A HALFWAY DECENT SETUP IS GOING TO HAVE MUCH MORE SUCCESS IN THE FIRST YEAR DEFINITELY THE FIRST TWO YEARS, AND AFTER THAT, IT IS GOING TO FALL PRECIPITIOUSLY IN NUMBERS COLLECTLY. IN WHICH CASE THEN THAT WOULD NEED TO LOOK AT THE EXPECTED PERCENTS OF COMPLETED COLLECTIONS, WHICH I WAS LOOKING AT ALSO IN TERMS OF THE MATRIX AND THE — AND THE NETWORKS AND THE RESOURCES THAT EXISTED AND THE — AND THE RECORD OF THE PARTICULAR FIRMS THAT RESPONDED AS TO WHETHER THAT HIGH OF A PERCENTAGE WAS A REALISTIC EXPECTATION.

MAYOR? THERE ARE A COUPLE OF POINTS THAT I NEED TO CLARIFY, IF I MIGHT. BUT — ALL RIGHT. EARLIER WE TALKED ABOUT THE POSSIBILITY OF — OF ISSUING SOME TYPE OF AMENDMENT FROM THE DAIS CONCERNING ADDING THE 30% FEES SHOULD THE ATTORNEY GENERAL RETURN APPEAR — A PROPER AND APPROVING REVIEW OF THE STATUTE. FIRST OF ALL, I BELIEVE THAT IT WOULD BE NECESSARY — I BELIEVE THAT THE — THAT THE COUNCIL COULD PASS A RESOLUTION AUTHORIZING THE CITY MANAGER TO — TO BRING BACK A — AN ORDINANCE THAT WOULD BE REQUIRED TO APPROVE THAT 30% FEE BECAUSE AN ORDINANCE IS REQUIRED TO PASS ANY TYPE OF FEE TO GO AHEAD AND COLLECT THAT FEE. SECONDLY, I WANTED TO MAKE SURE THAT — THAT EACH OF YOU UNDERSTOOD THAT THE — THAT THE ATTORNEY GENERAL IS LOOKING AT ONE OR TWO SEGMENTS OF THE STATUTE, WHICH ARE PROBLEMATIC. MYSELF AS AN ATTORNEY IN THIS AREA, AS AN ATTORNEY FOR YOU, WOULD RECOMMEND COUNCIL LOOKING AT SEVERAL OTHER AREAS OF THAT STATUTE VERY CAREFULLY BEFORE ELECTING TO GO AHEAD AND AUTHORIZE THE COLLECTION OF THE 30% ON TOP OF THE AMOUNTS — THE AMOUNTS OWED. I BELIEVE THERE ARE PROBABLY ALSO ADDITIONAL POLICY CONSIDERATIONS THAT WOULD NEED TO BE TAKEN INTO — THAT YOU MIGHT WANT TO TAKE INTO CONSIDERATION AS WELL.

MAYOR GARCIA: WE HAVE I GUESS AT LEAST THREE CHOICES. ONE IS TO COLLECT OR RECOMMEND A FIRM, ONE IS TO SELECT THE ALTERNATE FIRM, AND ONE IS TO MOVE TO RE— REDO — SENT OUT THE R.F.P. ONE MORE TIME. I WILL ENTERTAIN A MOTION. ON ANY ONE OF THE THREE.

GOODMAN: I HAVE ONE MORE QUESTION, MAYOR, FIRST.

MAYOR GARCIA: QUESTION? SURE.

GOODMAN: RELATIVE TO WHAT MR. HOOD WAS JUST TALKING ABOUT, IF WE DID EVER ADD ON THE 30%, DOES THE — DO WE ASSUME THAT THE RECOVERY AMOUNT FROM ANY COLLECTION AGENCY THAT WE CONTRACT WITH IS THE 100 — IS THE 130%, I MEAN, IS THAT OUR —

THAT'S PART OF THE QUESTION, THAT'S PART OF THE QUESTION ABOUT THE STATUTE. I SAID THAT THERE WERE MANY PROVISIONS ABOUT THE SOUGHT THAT LEFT A LOT OF US WONDERING, THOSE ARE SOME OF THE QUESTIONS. I MEAN, ONE ISSUE IS, OF COURSE, DID THE STATUTE INTEND FOR MUNICIPALITIES TO HAVE THE ABILITY TO ADD UP TO 30%? THE STATUTE SAYS SIMPLY 30%. DOES THE STATUTE INTEND FOR THE — THE COLLECTION RATE TO BE BASED ON THE FINE? THE FINE PLUS COURT COSTS OR THE FINE PLUS COURT COSTS PLUS THE 30%. ALL OF THOSE QUESTIONS ARE THE KINDS OF THINGS THAT ARE SORT OF UP IN THE AIR RIGHT NOW ABOUT THE STATUTE. I THINK THESE ARE THE KINDS OF THINGS THAT HAVE — THAT HAVE DISSUEDED A — DISSUADED A LOT OF CITIES FROM ACTING TO ADOPT RESOLUTIONS AND ORDINANCES IMPLEMENTING THIS PARTICULAR STATUTE HOPING THAT FIRST THE ATTORNEY GENERAL WOULD RENDER AN OPINION; SECOND, PERHAPS THE LEGISLATURE WOULD COME BACK AND BETTER CLARIFY THE ISSUES FOR THE CITIES.

GOODMAN: BECAUSE — BECAUSE, MAYOR, THE ISSUES THAT HE SPOKE ON WERE THE OTHER PART OF WHAT I THOUGHT WE MIGHT BE ABLE TO AMEND INTO THIS. IT SOUNDS PRETTY SHAKY. TO TRY TO DO THAT. BUT — BUT THE OTHER THING THAT I HAD WONDERED ABOUT IN TRYING TO CROSS REFERENCE ALL OF THIS, IS RELATIVE TO WHO THE FIRST RECOMMENDATION CAME IN TO BE FROM STAFF. AND THE PARTICULAR MAKE IT PARTICULARS WEIGHTINGS. AS I LOOK THROUGH WHAT I THOUGHT WERE THE MOST IMPORTANT MATRIX COLUMNS, THE SYSTEM CONCEPT, THE SORT OF SOLUTIONS PROPOSED, AND RESOURCES SOMEHOW AND TRACK RECORD HAVE TO COME INTO THIS SOMEHOW. SO WHEN YOU LOOK AT THE EXPERIENCE COLUMN AND SEE THE NUMBERS THERE AND THEN HAVE — HOW THAT SHAKES OUT INTO A FINAL RECOMMENDATION, CAN YOU GIVE ME SOME INSIGHT? BECAUSE FROM AN OUTSIDE POINT OF VIEW, IT DOESN'T SEEM TO MATCH. IT WOULD SEEM THAT THE SECOND RECOMMENDATION SHOULD HAVE COME IN FIRST, BECAUSE OF THE SCORES AND A COUPLE OF THE MATRIX COLUMNS THAT WERE PERTINENT TO EFFECTIVENESS AND ESPECIALLY IF, AS I HEARD, YOU DID SIGHT VISITS AND ALL THE DATA RETRIEVAL, ALL OF THE — ALL OF THE — THE DIFFERENT KINDS OF RESOURCES THAT ARE I SUPPOSE OUTLINED IN THE BID RESPONSES. DIDN'T SEEM TO BE TAKING INTO ACCOUNT SO THAT YOU COULD TELL HOW STAFF ANALYZED THE WAY THAT THE — THAT THE RESPONDENTS WOULD GET THE JOB DONE. I MEAN, AND — AND THIS IS VERY DIFFICULT TO ARTICULATE, OBVIOUSLY. BUT WHAT REBECCA, YOU SAID SOMETHING ABOUT YOU — YOU LOOKED AT THE REVENUE THAT EACH SAID THAT THEY COULD GENERATE OR THAT THEY COULD COLLECT AND RETURN. BUT NOT HOW. HOW DID YOU ANALYZE THAT THE RESOURCES THEY CAME IN WITH, SPECIALLY WITH THE DIFFERENT KIND OF MATRIX WEIGHTINGS AND SCORINGS, SORT OF REVERSED THEMSELVES WHEN IT CAME TO THE FINAL SCORE.

FIRST OF ALL, WE ONLY RATED TWO OF THESE CATEGORIES. THE THIRD ONE WAS NOT STRICT — WAS DONE STRICTLY BY PURCHASING. THEY ARE THE ONES THAT PUT THE NUMBERS ON THE PRICE. SO THAT LEFT THE FIVE OF US ON THIS RATING COMMITTEE LOOKING AT THE VERY THINGS THAT YOU ARE TALKING ABOUT. I CAN TELL YOU, I DON'T HAVE INDIVIDUAL NUMBERS OR WHAT THEY ARE. BUT I CAN TELL YOU THAT THE FIVE PEOPLE WERE WIDELY SPLIT ON THAT. THERE ARE — THERE WERE SOME THAT REALLY, REALLY LIKED THE WAY ONE COMPANY DID IT. SOME THAT WERE — THAT REALLY, REALLY LIKED THE WAY THAT THE OTHER COMPANY DID IT. I MEAN REALLY LIKED IT. AND SAT DOWN AND TRIED TO PUT SCORES TO THAT. I UNDERSTAND WHAT YOU ARE SAYING IS WE ARE ALL IN THE SAME PLACE, WHY CAN'T YOU UNDERSTAND THAT THIS IS MORE IMPORTANT TO ME. IT WAS JUST FIVE INDIVIDUALS THAT DID THIS. AND WHEN THE NUMBERS WERE PUT DOWN, AS SHOWN ON HERE, ONE WAS SLIGHTLY AHEAD OF THE OTHER. IT WAS THE NUMBERS PUT TOGETHER BY PURCHASING THAT — THAT — THAT MOVED THIS AROUND. SO I UNDERSTAND WHAT YOU ARE SAYING. I REALLY DO. BECAUSE WE WERE ALL THERE. WE ACTUALLY HAD — HAD SOME TIMES WHEN IT WAS VERY, VERY CLOSE, BUT SOME OTHER THINGS WE WERE JUST VERY WIDELY DIVIDED ON HOW IMPORTANT THAT WAS TO THE ENTIRE SYSTEM. BECAUSE THEY HAVE TWO DIFFERENT APPROACHES ON HOW TO DO THIS. SO WE CAME OUT VERY CLOSE. IT WAS — IT WAS THAT PART OF IT THAT — THAT FLIPPED THE SCALE. AND ONE OF THE THINGS THAT REALLY — THAT REALLY — REALLY MADE IT A — MADE A DIFFERENCE, ONE OF THE COMMENTS THAT WAS MADE, WHEN YOU CAN ADD ON AN AMOUNT, IT REALLY DOESN'T MATTER WHAT THE BID PRICE WAS, BUT IN LOOKING AT THAT LAW, LIKE HE SAYS THERE'S A LOT OF FLAWS TO THIS THING, THERE'S A LOT OF WAYS TO INTERPRET IT. BUT ONE OF THE THINGS THAT WE FELT PRETTY STRONGLY ABOUT WAS IT SAID THAT THE PEOPLE HAD TO OWE THE COURT BEFORE YOU COULD ADD ON THIS FEE. TECHNICALLY, ONLY ONE THIRD OF THESE PEOPLE REALLY OWE THE COURT. THE OTHER TWO-THIRDS ARE PEOPLE THAT WERE TRYING TO SEND LETTERS TO YOU SAYING YOU HAVE A CASE PENDING, WE NEED YOUR PLEA. IF YOU WANT TO PLEAD GUILTY, THIS IS WHAT YOU OWE. BUT IF YOU WANT TO PLEAD NOT GUILTY THEY STILL HAVE A RIGHT TO DO THAT. SO WE FELT THAT EVEN IF SOMETHING WAS DONE ON THIS, IT WOULD STILL ONLY BE ONE THIRD OF WHAT WE ARE SENDING. SO THE PRICE DIFFERENCE IN HOW THEY DO THAT DOES MAKE A DIFFERENCE. BUT ... I'M GOING TO — THAT'S SUE'S PROBLEM, SHE'S THE ONE THAT RATED THESE THINGS. BUT I DO UNDERSTAND WHAT YOU ARE SAYING. THERE WAS A WIDE DIFFERENCE IN THE FIVE OF US THAT WERE ON THE COMMITTEE.

COUNCILMEMBER, IF I MAY. MINE IS REAL EASY. MY COMPUTER, A FORMULA, THE LOWEST COST TO THE CITY GETS 25 POINTS. YOU TAKE THE RATIO OF RETURN FOR EVERYONE ELSE OR COST FROM EVERYONE ELSE AND YOU BACK THAT OFF OF THE 25 POINTS. FOR THE PURPOSE OF THE EVALUATION, WITH A MUNICIPAL SERVICE BUREAU, FOR EXAMPLE, WE USED THE 18% RATHER THAN THE 20% THAT I SHOWED YOU UP THERE, BUT FOR THE PURPOSE OF SCORING WE DID USE THE 18%. THAT GAVE THEM THE 16 POINTS. THEY WOULD HAVE HAD 15 POINTS OTHERWISE. SO IT'S JUST A STRAIGHT RATIO AND THERE'S NOTHING SUBJECTIVE IN THOSE NUMBERS. THAT'S WHY WE DO THAT PART OF IT. SO THAT — YOU KNOW, PEOPLE DON'T SIT ON A PANEL TRYING TO — TRYING TO PUT NUMBERS TOGETHER. IT'S JUST A STRAIGHT RATIO.

GOODMAN: RIGHT. ALL RIGHT. AND THAT'S WHAT I THOUGHT, THAT IT WAS NOT POSSIBLE TO HAVE BEEN SUBJECTIVE THERE BECAUSE YOU WOULD HAVE HAD TO TAKE IT INTO ACCOUNT ALL OF THE RESOURCES THAT WOULD IN FACT POTENTIALLY ENHANCE THE VOLUME AND INCREASE THE REVENUE ON ONE OF THE BIDS. RELATIVE TO THE EXPECTATIONS FROM THE FIRST RECOMMENDATION. SO — SO — SO, MAYOR, I — THERE WAS ONE OTHER THING THAT I THOUGHT OF RATHER THAN REJECTING AND GOING BACK TO REBID AND LET EVERYBODY COME IN WITH A FRESH START IN A SLIGHTLY DIFFERENT R.F.P. I DON'T KNOW IF THIS IS LEGALLY DOABLE OR ADVISABLE. BUT IN ONE PART OF THE R.F.P., THERE WAS A NOTE TO ALL RESPONDERS THAT THEY COULD — THAT WE COULD CONTRACT WITH MORE THAN ONE VENDOR. AND IF COUNCIL IS COMFORTABLE WITH THAT AND WITH THE MUNICIPAL COURT AND CITY LEGAL, AND PURCHASING IS COMFORTABLE WITH THAT. WHAT MADE ME MORE COMFORTABLE WAS TO LOOK AT THE — LET ME FIND ALL OF MY STUFF HERE. MSB HAS A TRACK RECORD THAT I FOUND EASY TO FOLLOW. AND I FOUND THE VOLUME EASY TO JUSTIFY. THE RECOMMENDED FIRM, ALTHOUGH YOUNG, SEEMS TO COME WITH A LOT OF ENERGY AND A LOT OF RAPID ADVANCEMENT, WHICH IS ALSO A GOOD SIGN. BUT IT NOT A TRACK RECORD IN THE SAME WAY THAT I COULD FOLLOW OTHERS. SO I WAS GOING TO ASK THOSE WHO WOULD BE TRYING TO FIGURE OUT HOW TO ADMINISTER THIS, IF WE DID IT, WHETHER THERE WAS A WAY TO BREAK THIS PARTICULAR CONTRACT UP INTO TWO PIECES. AND SO THAT A TRACK RECORD COULD BE ESTABLISHED WITH THE — WITH THE FIRST RECOMMENDED FIRM IN THIS CASE, WHETHER THERE WAS A — A LOGICAL AND EASY WAY TO SAY SOMETHING LIKE FOR A YEAR, UP TO 50% OF THE CIVIL PARKING CASES, WOULD BE THEIRS TO SORT OF PROVE WHAT THEY HAVE BEEN SAYING, THAT THEIR DATA BASE AND THEIR RESOURCES WERE MORE THAN ADEQUATE. AND THEN AT THE END OF THE YEAR, RATHER THAN BEING AN ADMINISTRATIVE RENEWAL FOR THE WHOLE CONTRACT, INCLUDING MSD, THEN IT WOULD COME BACK AND WE AS COUNCIL WOULD BE ABLE TO TRACK, ALSO, THE COMPLETION RATES AND THE — AND THE VARIABLES THAT COME INTO PLAY AND MAYBE WE WOULD ALSO KNOW ABOUT THE 30% BY THEN. NOW, IF THAT'S SOMETHING TO MAKE EVERYBODY RUN SCREAMING FROM THE ROOM, I UNDERSTAND. [ LAUGHTER ]

WHO WANTS TO TAKE —

WHO WANTS TO TAKE THAT ONE?

WELL, LET ME — LET ME ADDRESS SOME OF OF THE LEGAL SQUEAMISHS THAT I HAVE ABOUT THE PROPOSAL THAT I UNDERSTAND. NOW, MAYOR PRO TEM, WERE YOU SUGGESTING THAT WE BASICALLY SPLIT THE BABY IN HALF AND GIVE PART OF THE — OF THE CASES TO ONE AND PART TO THE OTHER AND JUST SEE WHAT THE FOOT RACE IS AT THE END OF A PERIOD OF TIME?

GOODMAN: WELL, NOT EXACTLY, IT WASN'T LIKE SOLOMON'S BABY, BUT A VERY TRACKABLE, UP TO 50% OF THE CIVIL PARKING CASES.

OKAY. THE ONLY THING THAT I — THAT I FORESEE IS A — AS A DIFFICULT PORTION, THIS MAY GET OVER TO THE POLICY SIDE, I DON'T KNOW. BUT I FORESEE THERE'S SO MANY DIFFERENT THINGS THAT GO INTO THE EASE OF COLLECTING A CASE, YOU KNOW, HOW DO YOU DECIDE THOSE FACTORS, HOW DO YOU DECIDE WHICH FIRM GETS ONE, ONE CASE, WHICH ONE WOULD GET ANOTHER. YOU KNOW, WE COULD DEVELOP A SET OF FACTORS, I BELIEVE, BUT I THINK THAT THERE'S A POSSIBILITY THAT THERE COULD BE — THAT THERE COULD BE SIGNIFICANT CHALLENGES GOING BACK AND FORTH ABOUT THE TYPES OF CASES THAT WERE REFERRED. THAT WOULD BE THE BIGGEST HURDLE THAT I SEE FROM A LEGAL VIEWPOINT IS TRYING TO KEEP ALL OF THAT SORTED OUT AND MAKING SURE THAT THE — THAT THE PLAYERS INVOLVED WERE TREATED FAIRLY. AND EQUITIABLY.

WE HAVE PUT THAT PROVISION IN THERE WITH A LOOK TO THE FUTURE. WE JUST HAD HOPED FOR ONE AT THIS POINT, MOSTLY BECAUSE OF OUR IMPLEMENTATION WAS GOING TO BE DIFFICULT WITH ONE TO SEE HOW IT GOES AND SEE WHAT PROBLEMS COME UP, MUCH LESS DOING TWO AT THE SAME TIME. I THINK WOULD PROBABLY DOUBLE OUR PLEASURE AS FAR AS PHONE CALLS COMING THAT PEOPLE MIGHT BE CONCERNED ABOUT. AND WE WERE CONCERNED ABOUT DOING THAT, ESPECIALLY, YOU KNOW, EVEN AT THE TIME THAT WE GOT CLOSE TO BIDDING, WE HAVE POSITIONS THAT WERE BEING HELD OPEN. SO WE WERE CONCERNED ABOUT THE STAFF. AND BUT THAT'S A VERY — THE VERY REASON THAT WE PUT IT IN THERE IS WE WERE HOPING AT SOME POINT TO DO THAT VERY THING, IS TO FIND OUT WHICH ONE DOES WORK BETTER FOR US. ESPECIALLY SINCE THERE ARE DIFFERENT METHODS OF COLLECTING.

GOODMAN: WELL, I GUESS THEN SINCE I HAVE NO CLUE WHAT FORMULA THAT YOU MIGHT HAVE TO WORK OUT, PERHAPS WITH COUNCIL'S PERMISSION, WE COULD ASK A SPOKESPERSON FROM EACH OF THE FIRST TWO RECOMMENDED FIRMS TO — TO BRIEFLY — IN — IN A SENTENCE OF A FEW WORDS OR LESS, SAY WHETHER A DIVIDED CONTRACT WOULD BE WORTH THEIR WHILE.

MAYOR GARCIA: COULD THE TWO REPRESENTATIVES FROM THE TOP TWO RECOMMENDED FIRMS COME UP. ONE ON THIS SIDE, THE OTHER ON THIS SIDE. AND — ADDRESS THE ISSUE THAT THE MAYOR PRO TEM HAS BROUGHT UP. WHO WANTS TO BEGIN? I GUESS THE QUESTION IS WOULD YOU BE INTERESTED IN HAVING HALF THE CONTRACT, IS THAT THE QUESTION MAYOR PRO TEM?

YOU KNOW, THE ONLY REASONABLE ANSWER THAT I CAN GIVE IS THAT I WOULD RATHER HAVE HALF THAN NONE OF IT. THAT SAID, CERTAINLY MY INSTINCT IS IT'S NOT REALLY IN THE THEY'S BEST INTERESTS TO SPLIT THE CONTRACT FROM A MONITORING FROM A START-UP IMPLEMENTATION PERSPECTIVE.

WHAT ABOUT HAVING THE CONTRACT GO TO ONE FIRM FOR ONLY ONE YEAR AND AT THE END OF THAT ONE YEAR THE EVALUATION COULD BE DONE, WE COULD COME BACK.

WELL, THE CONTRACT LANGUAGE HAS — IF I'M NOT MISTAKEN, THE CITY ATTORNEY OR CITY STAFF CAN ADDRESS, PROVISIONS FOR TERMINATION WITH OR WITHOUT CAUSE, IF I'M NOT MISTAKEN. WE ARE IN A SERVICE INDUSTRY MEANING THAT IF WE... CEASE TO PROVIDE THE SERVICE DESIRED, THE CONTRACT CAN BE TERMINATED ANY TIME RELATIVELY EASILY ON A CONTRACT LIKE THIS, OFF YOU GO TO VENDOR 2, A NEW R.F.P. OR WHATEVER THE PROPER CASE MIGHT BE.

I WOULD SAY THAT IT WOULD BE — I AGREE THAT IT'S BETTER TO GET HALF THAN NONE. HOWEVER, I THINK IT'S A VERY GOOD IDEA THAT YOU WOULD PIT, SO TO SPEAK, ONE AGAINST THE OTHER. SINCE THEY ARE SO DIFFERENT AND BOTH OF US ARE SAYING THAT WE ARE GOING TO DO THIS, I HAVE GOT A TRACK RECORD WITH THE CITY OF FORT WORTH, I HAVE GOT IT WITH ALL OF MY OTHER CLIENTS, BUT YOU DON'T KNOW THAT YET. BUT YOU WILL SEE IT WITHIN ONE YEAR. AND I DON'T MIND AT THE END OF THE ONE YEAR, BRINGING MY BUSHY TRAIL HERE AND TURNING THE WHOLE CONTRACT OVER TO MSD IF IN FACT THEY DO COLLECT MORE OR SCORE MORE THAN WHATEVER THE CITY MIGHT THINK OR THE COUNCIL MIGHT PUT INTO THIS CONTRACT, I WOULD BE WELL FOR IT. WE WOULD GO TO GREAT LENGTHS TO HELP THE STAFF ADMINISTER THIS IN THAT IF — IF — HOWEVER THESE LITTLE BUMPS IN THE ROAD COME UP. WE WOULD BEND OVER BACKWARDS TO MAKE IT WORK RIGHT FOR THE STAFF SO AS NOT TO CREATE ANY ADDITIONAL HARDSHIP. I BELIEVE IT WOULD WORK. I BELIEVE IT WOULD SETTLE THINGS. I BELIEVE THAT IT IS IN THE BEST INTERESTS FOR THE CITY BECAUSE — BECAUSE IT WOULD SHOW THE CITY AND YOU WOULD GET TWICE AS MUCH. YOU KNOW THERE'S GOING TO BE TWO PEOPLE, YOU WOULD GET TWICE THE COLLECTIONS THAT YOU WOULD HAVE GOTTEN NORMALLY ANYONE, BECAUSE EVERYBODY IS GOING TO BE BEATING IT. I THINK IT'S A VERY WORTHWHILE PROJECT THAT I WOULD LOOK FORWARD TO — TO THAT CHALLENGE RIGHT NOW. YES, SIR.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MS. BRUBAKER, COULD YOU CONFIRM THAT THE CONTRACT IS SIMPLY A 12 MONTH CONTRACT WITH A COUPLE OF 12-MONTH EXTENSIONS.

YES, IT'S GOT THREE 12-MONTH EXTENSIONS.

WYNN: THOSE EXTENSIONS ARE AT THE CITY'S OPTIONS.

WELL, BOTH SIDES. IT'S INITIATED BY US. IF THEY DON'T WANT IT, THEY CAN BACK OUT. IF WE DON'T INITIATE IT, THERE IS NONE.

WYNN: OKAY. MAYOR —

IF I MIGHT, WHAT I SEE IS IT'S HALF AND I'M TAKING ONE-HALF, I'M TAKING ONE YEAR, LET'S SAY HALF OF THE REVENUE THAT I WOULD NORMALLY GENERATE, LET'S SAY, AND I WOULD SPLIT IT WITH MY COMPETITOR, AND IN THE GAME WOULD BE THE LAST THREE YEARS OF THIS CONTRACT BECAUSE I'M NOT GOING TO COME IN HERE AND DISPUTE IT OR ARGUE WITH YOU IF IT WAS GOING TO BE RENEWED, I WOULD UNDERSTAND THAT.

WYNN: THANK YOU, SIR. MAYOR TO GET OFF DEAD CENTER, I SEE THIS — THIS LOGISTICAL PROBLEMS OF HAVING TWO FIRMS AND TRYING TO HAVE — FRANKLY IN OUR EXPERIENCE ON THE JUDICIAL COMMITTEE, YOU KNOW, WE ARE TRYING TO WORK THROUGH, YOU KNOW, SOME MANAGEMENT AND PERSONNEL AND EMPLOYMENT AND JUST WORKLOAD ISSUES IN MUNICIPAL COURT. ARENA. TO GET OFF DEAD CENTER, I WILL MOVE THAT WE INSTRUCT THE CITY MANAGER TO CONTRACT WITH THE ALTERNATIVE RECOMMENDATION MUNICIPAL SERVICE BUREAU, UNDER THIS 12-MONTH INITIAL CONTRACT WITH THE EXTENSION OPTIONS.

MAYOR GARCIA: IS THERE A SECOND? SECONDED BY THE MAYOR PRO TEM. DISCUSSION? THIS WOULD BE — DO YOU WANT TO REPORT BACK IN 12 MONTHS? AT LEAST TO THE JUDICIAL COMMITTEE?

WYNN: YES, I WOULD.

GOODMAN: I WILL JUST SAY, MAYOR, THAT — THAT AGAIN THE MATRIX IS VERY DIFFICULT TO UNDERSTAND WHEN IT DOESN'T QUITE TELL YOU WHAT YOU THINK IT'S GOING TO TELL YOU AND BECAUSE I DO KNOW THE TRACK RECORD AND SINCE MY ALTERNATIVE WAS A RATHER TORTROUS ONE, I WILL GO WITH COUNCILMEMBER WYNN.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS? IF NOT ALL IN FAVOR, SIGNIFY BY SAYING AYE. THIS IS A MOTION ON ALTERNATE RECOMMENDATION, MUNICIPAL SERVICES BUREAU. IS THAT THE NAME OF IT?

WYNN: YES.

MAYOR GARCIA: THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. THANK YOU SO VERY MUCH, EVERYBODY.

THANK YOU, EVERYBODY. [ APPLAUSE ]

IF YOU ALL COULD — COULD TAKE YOUR CONVERSATIONS TO THE HALLWAY, THAT WILL GIVE US AN OPPORTUNITY TO PROCEED WITH THE MEETING. THANK YOU VERY MUCH, EVERYBODY.

THANK YOU. FOR A VERY GOOD PRESENTATION. WE ARE TO OUR 4:00 TIME CERTAIN, MS. GLASGO, HELLO. RIGHT ON TIME, AREN'T WE?

I'M RIGHT HERE. LET ME SAY BEFORE YOU START, WE HAVE ONE ITEM IN EXECUTIVE SESSION THAT WE HAVE NOT TAKEN UP. SO — SO THAT'S Z-1. Z-2.

GLASGO: MY UNDERSTANDING I GUESS OF EITHER SEDORA — THAT SHE IS GOING TO SPEAK TO THAT.

I WILL LET MARTY SPEAK TO YOU.

MATTER THAT TERRY, ASSISTANT CITY ATTORNEY. MARTHA TERRY. THE EXECUTIVE SESSION ITEM WAS MERELY GOING TO BRING YOU ALL UP TO DATE IN THE SENSE THAT WE WANTED TO LET YOU KNOW THAT THIS MATTER IS ON TODAY. WE ARE GOING TO OFFER, MS. GLASGO IS GOING TO GO THROUGH AND OFFER THE ITEM FOR FIRST READING WITH A — WITH THE ZONING AND PLATTING COMMISSION RECOMMENDATION, WITH THAT, WE WILL NOT NECESSITATE HAVING AN EXECUTIVE SESSION ITEM. AND WE CAN TAKE THAT OFF YOUR LIST OF EXECUTIVE SESSION ITEMS. AND WE CAN — IF WE CAN PASS THAT ON FIRST READING ONLY AND THEN WE WILL HOLD THE APPROVAL OF THE RESTRICTIVE COVENANT UNTIL IT COMES BACK THE NEXT TIME.

WYNN: MAYOR? MS. TERRY, A QUICK QUESTION ON THAT, THOUGH.

YES, SIR.

WYNN: WE KNOW THAT THERE ARE POTENTIALLY SOME OFFSITE ISSUES INVOLVED IN THIS DISCUSSION.

THAT'S CORRECT.

WYNN: IN ANY WAY IN PASSING THIS — IN PASSING THE — THE DISAP...... ZAP RECOMMENDED FIRST READING, THAT DOESN'T PRECLUDE ANYTHING RELATED TO ALL SITE ISSUES.

NO, SIR IT DOES NOT. ALL OF THAT IS THERE OUT ON THE TABLE, WE WILL CONTINUE TO DISCUSS THESE ISSUES WITH THE APPLICANT ON THE ZONING APPLICATION. AND IN CONJUNCTION WITH THE RESTRICTIVE COVENANT.

THANK YOU.

MAYOR GARCIA: THANK YOU, MS. TERRY.

I KNOW EARLIER ON COUNCIL PULLED SECOND AND THIRD READING ITEMS. THOSE ITEMS INCLUDED ITEMS 32 AND 33 RELATING TO THE BOULDIN PLAN. THERE ARE PEOPLE WHO ARE HERE, HAVE BEEN WAITING ALL DAY, THEY HAVE OTHER OBLIGATIONS TO GO TO, WE WERE WONDERING IF IT'S OKAY WITH THE CITY COUNCIL TO TAKE — TO TAKE ITEMS 32 AND 33 FIRST. THE PRESENTATION IS GOING TO BE VERY BRIEF. WE HAVE A ONE-PAGE SUMMARY ON A MOTION THAT STAFF IS GOING TO GO OVER. IS THAT OKAY WITH YOU, MAYOR AND COUNCIL?

SURE.

GLASGO: SCOTT WIDEMAN IS GOING TO GO OVER THE MOTIONS FOR 32 AND 33. I'M SCOTT WHITEMAN FROM NEIGHBORHOOD PLANNING AND ZONING. FOR ITEMS 32 AND 33, THE BOULDIN CREEK NEIGHBORHOOD PLAN AND BOULDIN CREEK NEIGHBORHOOD PLAN COMBINING DISTRICT, AT FIRSTRYING COUNCIL DIRECTED STAFF TO MEDIATE THE AGREEMENT ON TRACT 24, AN AGREEMENT WAS SIGNED. BOTH THE DRAFT OF THE PLAN AND THE DRAFT OF THE ORDINANCE THAT YOU HAVE INCLUDES THE AGREEMENTS FROM THE MEDIATION, ON THE YELLOW MOTION SHEET, MOTION 1 A WOULD BE TO ADOPT THE NEIGHBORHOOD PLAN WITH THE CHANGES THAT WERE MADE THROUGH MEDIATION. AND MOTION 1 B REFERS TO THE OTHER TRACT THAT HAS A VALID PETITION AGAINST IT. AND ACTUALLY I SHOULD SAY THAT FOR TRACT 24 THE VALID PETITION HAS BEEN WITHDRAWN, SO — SO MOTIONS NUMBER 2 AND 3 CAN BE COMBINED AND WOULD ONLY REQUIRE FIVE VOTES FOR APPROVAL. THERE'S STILL A VALID PETITION AGAINST TRACT 68 AND STAFF IS OFFERING COUNCIL THE OPTION TO MAINTAIN THE — THE ZONING CHANGE THAT WAS ADOPTED ON FIRST READING, WHICH WAS FROM CS AND S.F. 3 TO M.F. 4, BUT CHANGING THE FUTURE LAND USE MAP IN THE NEIGHBORHOOD PLAN TO MIXED USE SO THAT THE PROPERTY OWNERS CAN PURSUE A REZONING IN THE FUTURE THAT WOULD STILL BE CONSISTENT WITH THE NEIGHBORHOOD PLAN. THAT'S ALL THAT I HAVE, BUT I CAN ANSWER ANY QUESTIONS THAT THE COUNCIL MAY HAVE.

MAYOR GARCIA: I JUST NEED TO GET A COPY OF THAT — OF THAT SHEET THAT HAS THE ACTION ITEMS.

I THINK THAT SHOULD BE —

MAYOR GARCIA: ON ITEM 32, COUNCIL, WE HAVE A MOTION 1 A, TO ADOPT THE BOULDIN CREEK NEIGHBORHOOD PLAN AS APPROVED ON FIRST READING WITH CHANGES CONSISTENT WITH ME ISSUING — ISSUING AN AGREEMENT FOR TRACT 24, THIS IS THE SECOND AND THIRD READING, IT WILL REQUIRE FIVE VOTES. IS THERE A MOTION?

ALVAREZ: MAYOR, I HAVE A QUESTION.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: YES. I THINK WE GOT A LATE E-MAIL HERE THAT — THAT REFERRED TO — TO THE CHANGES THAT HAD BEEN MADE TO THE ORDINANCE TO REFLECT THE NEGOTIATIONS AND THAT THERE WAS I GUESS SOME KIND OF — OF OMISSION THAT WAS BEING CORRECTED IN TERMS OF WHAT COULD BE BUILT IN THE BUFFER AREAS THAT HAVE BEEN DESIGNATED. HAS THAT BEEN TAKEN CARE OF?

YEAH, THAT WAS TAKEN CARE OF. IN THE COPY OF THE ORDINANCE THAT YOU HAVE ON PAGE 8, NUMBER 24, HAS THE CORRECTIONS INCLUDED.

ALVAREZ: I JUST WANTED TO MAKE SURE THAT WAS RESOLVED AS WELL.

MAYOR GARCIA: I'M FINE, THANK YOU. FURTHER QUESTIONS FOR STAFF? OKAY. THE MOTION WOULD BE TO ADOPT THE BOULDIN CREEK NEIGHBORHOOD PLAN AS ADOPTED ON FIRST READING WITH THE CHANGES CONSISTENT WITH THE MEDIATION AGREEMENT FOR TRACT 24, THAT WOULD BE ON SECOND AND THIRD READING.

ALVAREZ: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ, IS THERE A SECOND?

GOODMAN: SECOND.

MAYOR GARCIA: SECONDED BY THE MAYOR PRO TEM. THIS WILL REQUIRE FIVE VOTES OF THE COUNCIL. SO — DISCUSSION ON THIS MOTION? ALL IN FAVOR, SIGNIFY BY SAYING AYE. — MAYOR PRO TEM?

GOODMAN: NOTHING, I JUST FOUND THE E-MAIL. I MEAN THE MEMO, SORRY. AYE.

MAYOR GARCIA: ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. MOTION 1 B, IS TO ADOPT THE BOULDIN CREEK NEIGHBORHOOD PLAN AS APPROVED ON FIRST READING WITH CHANGES CONSISTENT WITH — WE ALREADY DID THAT. AND CHANGE THE FUTURE LAND USE MAP FOR TRACT 68, SOUTH SIDE CHURCH OF CHRIST FROM MULTI-FAMILY TO MIXED USE. DO WE HAVE TO DO THE FIRST ONE AGAIN? OH, THIS IS OR? OKAY. WE DID 1 A, IS THAT THE ONE THAT — THAT WE NEED TO DO OR 1 B? WE DID 1 A.

IT'S AN EITHER ON THING.

MAYOR GARCIA: EITHER........ EITHER/OR. OKAY. SO WE DID 1 A. NOW, DID THE STAFF RECOMMEND 1 A OR 1 B?

THE STAFF WAS OFFERING 1 B AS AN OPTION FOR THE COUNCIL IF THEY WANTED TO RESOLVE THE PROBLEMS WITH TRACT 68.

MAYOR GARCIA: OKAY. COUNCIL, DO YOU WANT TO MOVE FOR RECONSIDERATION OF 1 A TO GO TO THE ALTERNATE RECOMMENDATION?

WYNN: MAYOR, I DO. I'M SORRY, I MISUNDERSTOOD THE ISSUE INVOLVED.

MAYOR GARCIA: MOVE FOR RECONSIDERATION?

WYNN: YES.

MAYOR GARCIA: THAT'S A MOTION, I WILL SECOND THAT. THAT'S NOT A MOTION TO BE DISCUSSED. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. THEN I WILL RECOGNIZE COUNCILMEMBER WYNN. IT'S EITHER 1 A OR 1 B AND THE 1 B GIVES US THE OPPORTUNITY TO ADDRESS THE ISSUES OF TRACT 68.

WYNN: JUST A QUICK QUESTION. I GUESS IT WAS COUNCILMEMBER ALVAREZ'S MOTION.

ALVAREZ: UH-HUH.

WYNN: WAS THE MOTION 1 A OR 1 B OR WAS IT —

ALVAREZ: I WAS DOING 1 A. BUT IF YOU COULD JUST EXPLAIN AGAIN WHAT IS 68? THE LAND — THE PROPERTY OWNER DOESN'T AGREE WITH THE PROPOSED ZONING CHANGE OR —

TRACTFUL IS CURRENTLY THE SOUTH SIDE CHURCH OF CHRIST. AND THEY HAVE BEEN CONSIDERING MOVING FROM THAT SITE AND THE HOTEL SAN JOSE WHICH IS NEXT DOOR HAS CONSIDERED BUYING THE SITE. AND THE PROPOSED ZONING CHANGE WOULD FOR THE PORTION OF THE PROPERTY THAT'S ZONED C.S. WOULD NOT ALLOW HOTEL USE ANYMORE. SO WE RECOMMENDED KEEPING THE ZONING CHANGE THE WAY IT IS, BUT IF THE FUTURE LAND USE MAP IS CHANGED, THEN THEY CAN APPLY FOR A REZONING IN THE FUTURE AND IT WOULDN'T REQUIRE CHANGING THE PLAN OR ANYTHING LIKE THAT. BUT THE NEIGHBORHOOD WOULD STILL HAVE THE CHANCE TO BE NOTIFIED THROUGH THE REZONING PROCESS.

ALVAREZ: SO THE PLAN WOULD BE MIXED USE, AND IF THEY DID COME BACK AND APPLY FOR THAT POTENTIAL USE, THEY WOULD ONLY HAVE TO CHANGE THE ZONING AND NOT THE PLAN?

ALVAREZ: YES. I GUESS THAT I WOULD ACCEPT THAT AS A FRIENDLY AMENDMENT TO ADD — TO DO 1 B.

MAYOR GARCIA: MOTION FOR 1 B FROM COUNCILMEMBER ALVAREZ. IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. ON ITEM NO. 33, THE BOULDIN CREEK PLAN REZONINGS, THE MOTION IS TO ADOPT THE BOULDIN CREEK NPC D REZONING AS APPROVED ON FIRST READING, SECOND AND THIRD READINGS ARE TODAY EXCEPT FOR TRACT 24 AND 68.

ACTUALLY, TRACT 24 WOULD BE INCLUDED IN THAT POSITION.

MAYOR GARCIA: WHAT?

TRACT 24, SINCE THE PETITION HAS BEEN WITHDRAWN, CAN BE INCLUDED THIS IN THAT MOTION?

MAYOR GARCIA: OKAY. SO THE MOTION WOULD BE FOR WHAT WE HAVE HERE IS A MOTION 2 AND 3. NOW, ONE REQUIRES SIX VOTES. STILL REQUIRES SIX VOTES?

MOTION 4, WOULD STILL REQUIRE 6 VOTES. MOTION 3 DOES NOT REQUIRE 6 VOTES.

MAYOR GARCIA: PETITION HAS BEEN WITHDRAWN. OKAY. IS THERE A MOTION ON 33?

GOODMAN: MAYOR, IS IT POSSIBLE — OH, NO, BECAUSE IT NEEDS TWO DIFFERENT VOTES, SORRY. I WOULD PROPOSE MOTION NUMBER 2. WHICH IS ADOPT THE BOULDIN CREEK NPC D REZONING AS APPROVED ON FIRST AND SECOND READING, THIRD READING NOW EXCEPT 68, TRACT 68.

MAYOR GARCIA: OKAY. SO IN DOING THAT IT TAKES UP — THE NEXT MOTION. IS THAT CORRECT.

THIS IS AN AND ONE. THE COUNCIL WOULD HAVE TO TAKE UP MOTIONS 2 AND 3 TOGETHER AND THEN MOTION 4 TO DO FOR TRACT —

MAYOR GARCIA: THE WAY THE MAYOR PRO TEM DID IT, SHE SAYS EXCEPT TRACT 68.

THAT COVERS IT FOR MOTION 2 AND 3.

MAYOR GARCIA: IS THAT THE MOTION, MAYOR PRO TEM?

GOODMAN: YES.

MAYOR GARCIA: I WILL SECOND THAT. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. THE NEXT MOTION IS ON TRACT 68, SOUTH SIDE CHURCH OF CHRIST PROPERTY OWNER, CHANGE IN ZONING THAT WOULD NOT ALLOW HOTEL OR MOTEL HOUSTON OR OFFSITE OR [INAUDIBLE] PARKING, EXISTING ZONING — THAT ONE HAS A VALID PETITION IN THE OWNER.

YES.

MAYOR GARCIA: QUESTIONS FOR THE STAFF?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: SO THE ACTION THAT WE TOOK EARLIER ON 32, WE — MY UNDERSTANDING IS WE ARE ESSENTIALLY ANTICIPATING A MIXED USE — WE ARE ALLOWING FOR THE OPPORTUNITY FOR A MIXED USE ZONING ON TRACT 68.

YES, BUT THE ZONING THAT'S ADOPTED TODAY WOULD NOT ALLOW THAT BY RIGHT. BUT THE PLAN WOULD STILL ALLOW THAT TO HAPPEN.

WYNN: ALL RIGHT. AND SINCE THERE'S A VALID PETITION FROM THE PROPERTY OWNER, THE VALID PETITION IS AGAINST CHANGING THE ZONING —

THE VALID PETITION IS — WOULD REQUEST THAT THE ZONING STAY THE WAY IT IS RIGHT NOW, WHICH IS CS ON THE PORTION OF THE TRACT AND S.F. 3 ON THE OTHER.

ALVAREZ: AND THE PROPOSED ZONING IS MF 4 —

M.F. 4 FOR ENTIRE TRACT.

MAYOR GARCIA: THIS ONE HAS A VALID PETITION SO IT WOULD REQUIRE —

SLUSHER: MAYOR, I NEED TO MAKE SURE I UNDERSTAND IT. WE HAD TALKED ABOUT THIS LAST WHEN THIS CAME INTO THE PROCESS — THEY CAME INTO THE PROCESS LATE AND THE PLANNING TEAM DIDN'T WANT TO HAVE TO DEAL WITH IT AT A LATE HOUR. AND SO IS THIS — IS THIS WHAT'S BEFORE US TODAY, IS THIS THE SAME AS WHAT WAS PASSED ON FIRST READING, FOR TRACT 68?

YES. ON THE FIRST READING COUNCIL PASSED REZONING IT TO M.F. 4 NP, SO THIS — SO WE ARE RECOMMENDING THAT THE — THAT THE — THAT THAT REMAIN THE SAME.

SLUSHER: OKAY. SO THERE'S NO CHANGE, IT'S JUST — JUST BROKEN OUT SEPARATELY BECAUSE THEY WANTED TO DO SOMETHING DIFFERENTLY?

THERE WAS A CHANGE TO THE PLAN FOR THIS TRACT SO THAT IT WOULD LEAVE THE OPTION OPEN TO REZONE IT IN THE FUTURE. BUT THE ZONING THAT THE COUNCIL AADOPTS TODAY WOULD BE WHAT WAS RECOMMENDED BY THE NEIGHBORHOOD PLAN AND WAS AADOPTED ON FIRST READING.

SLUSHER: HOW DO YOU LEAVE IT OPEN FOR IN THE FUTURE? AS A — AS OPPOSED TO ANYTHING ELSE?

THE LAND USE MAP THAT'S — THAT'S ON MY RIGHT, HAD — THE ORIGINAL ONE HAS IT DESIGNATED AS MULTI-FAMILY. WHAT THE COUNCIL VOTED ON THEN FOR ITEM 32 WAS TO CHANGE THAT TO MIXED USE. SO THAT IT'S — IF THE PROPERTY OWNER COMES IN WITH THE REZONING TO — TO A MIXED USE DESIGNATION, THEN THEY WOULDN'T HAVE TO CHANGE THE PLAN.

SLUSHER: SO IT WAS MULTI-FAMILY, NOW IT'S MIXED USE.

YES.

SLUSHER: OKAY. SO THAT WAS A CHANGE. THE NEIGHBORHOOD PLANNING TEAM, IS THERE ANY OBJECTION TO THAT?

[INAUDIBLE - NO MIC]

... PLANNING TEAM, WE ARE IN AGREEMENT THAT WE WOULD TAKE THE CHANGE IN ZONING TO MULTI-FAMILY WITH THE ADDITION OF THE CHANGE IN LAND USE TO MIXED USE, TO ALLOW FOR FUTURE ZONING CHANGES. BUT WE — WE CHOSE TO DO THAT SO THAT WE — WE WANT TO BE ABLE TO HAVE A — TO HAVE THE NEIGHBORHOOD GO THROUGH A FORMAL REVIEW OF ANY PROPOSAL THAT COMES UP ON THIS PROPERTY. WE ARE NOT IN A POSITION AT THIS TIME. THIS WOULD ALLOW FOR US TO DO THAT IN THE FUTURE IF IN FACT THERE IS A DEAL MADE WITH SAN JOSE OR ANY OTHER BUYER.

SLUSHER: THANK YOU, THAT'S ALL THAT I HAVE, MAYOR.

MAYOR GARCIA: COUNCIL, WE ACTUALLY HAVE SPEAKERS ON BOTH ITEMS 32 AND 33. I APOLOGIZE, I DIDN'T KNOW. WE MAY HAVE TO RECONSIDER ITEM 32. BUT LET ME HEAR FROM THE SPEAKERS FIRST. WILLIAM BURKEHART. WILLIAM BURKEHART. [INAUDIBLE - NO MIC]

MAYOR GARCIA: OKAY. [INAUDIBLE] OKAY. KATHY [INAUDIBLE] [INAUDIBLE - NO MIC]

MAYOR GARCIA: OKAY. THIS IS NICE. [ LAUGHTER ] YOU EVEN HAD SOME TIME GIVEN TO YOU, MARK STYLES GAVE YOU SOME TIME. SEAN KELLY. OKAY. ELLEN RICHARDS. ACTUALLY ONLY IF THERE'S QUESTIONS FROM COUNCIL. YOU ALREADY ANSWERED. [INAUDIBLE] DOES NOT WISH TO SPEAK. IN FAVOR OF 1 B. ERIC EINSTEIN, ONLY IF COUNCIL HAS QUESTIONS. OKAY. WE DON'T NEED TO DO RECONSIDERATION OF 32. I WILL ENTERTAIN A MOTION ON 33 FOR TRACT 68 —

WYNN: MAYOR? I HAVE A QUICK QUESTION, I HOPE. SO THE REASON WHY WE ARE NOT REZONING TRACT 68 NOW TO MIXED USE, WHICH IS WHAT WE HAVE ADOPTED AS THE LAND USE PLAN, IS BECAUSE IF WE GO AHEAD AND ZONE IT MIXED USE NOW THERE WILL BE LESS — ESSENTIALLY THERE WON'T BE AN ARENA FOR, YOU KNOW, THE NEIGHBORHOOD PLANNING TEAM OR NEIGHBORS TO SOMEHOW REVIEW THAT PLAN, IS THAT THE —

THAT'S RIGHT. IF WE REZONE IT TO MIXED USE NOW, THEN THE COMMERCIAL MIXED USE TYPES OF USES WOULD BE ALLOWED BY RIGHT, SO IT WOULDN'T HAVE ANY NEIGHBORHOOD DISCRETION OR COUNCIL DISCRETION.

WYNN: OKAY. AND — BUT SO BY — BUT IF WE DIDN'T ZONE IT TO THE M.F. 4 NEIGHBORHOOD PLAN, —

ABOUT TWO-THIRDS OF THAT TRACT IS ZONED CS RIGHT NOW. WE WOULD STILL HAVE THE SAME PROBLEMS BECAUSE ALL OF THE C.S. USES WOULD BE PERMITTED.

MAYOR GARCIA: THIS ONE HAS A VALID PETITION, SO IT WOULD REQUIRE SIX VOTES. A VALID PETITION BY THE OWNER OF THE PROPERTY. SO THIS IS 100% VALID PETITION. IS — COUNCILMEMBER ALVAREZ?

ALVAREZ: WE HAVE A MOTION ON THE TABLE OR —

MAYOR GARCIA: NO MOTION ON THE TABLE YET, SIR. DO YOU WANT TO PUT ONE ON?

ALVAREZ: SURE. I WILL MOVE THAT WE APPROVE — WHAT WAS PASSED ON FIRST READING, SECOND — FOR SECOND AND THIRD READING.

MAYOR GARCIA: THAT WOULD BE TO — TO CHANGE THE ZONING LET'S SEE.

FROM C.S. INTO S.F. 3 INTO MF-4-NP.

MAYOR GARCIA: MIXED USE? NO THE ZONING —

THE MIXED USE IN THE PLAN FOR THE ZONING, IT'S JUST MF-4-NP.

GOODMAN: I SECOND THAT, MAYOR.

MAYOR GARCIA: WE HAVE ONE SPEAKER, RICK PAUL.

IT GOT A LITTLE CONFUSING ON YOUR AGENDA OUTSIDE, I FILLED OUT FOR 32 AND 33.

MAYOR GARCIA: YOU ARE SIGNED UP FOR 33.

I BELIEVE THAT I AM TALKING ABOUT THE BOULDIN CREEK PLAN?

MAYOR GARCIA: YES. FORMAL ADOPTION —

MAYOR GARCIA: THE MOTION THAT WE HAVE RIGHT NOW IS ON TRACT 68.

AND THE TOTAL PLAN WILL BE DISCUSSED?

MAYOR GARCIA: THE TOTAL PLAN WAS ADOPTED.

WHEN WAS THIS?

MAYOR GARCIA: JUST A FEW MINUTES AGO.

I SEE. CAN I SPEAK NOW?

MAYOR GARCIA: SURE. YOU ARE SIGNED UP TO SPEAK —

THANK YOU. FROM THE AUSTIN CHRONICLE. SINCE I'M A MEMBER OF THE BOULDIN CREEK PLANNING TEAM, LET'S DISCUSS THE PLANNING PROCESS. CITY STAFF STARTED OUT OUR PLANNING MEETING SAYING ALL TEAM MEMBERS HAD TO AGREE TO SIGN THE M.O.U. WHAT IF WE AGREE TO SIGN THE M.O.U., WE WERE TOLD WE COULD SPEND 20,000 OF TAX FUNDING TO ENHANCE OUR NEIGHBORHOOD. THE MEMORANDUM IS AUTO USUALLY SEEN TO APPLY BY GOVERNING BODIES, CITIES, STATE OFFICES, MY SMART FRIENDS TELL ME THE M.O.U. IS REALLY BEING USED TO CIRCUMVENT THE OPEN MEETINGS ACT. IN AGREEING TO SIGN IT, WE THE RESIDENTS OF BOULDIN ARE ACTUALLY SAYING WE UNDERSTAND THE CITY IS IN TOTAL CONTROL OF THE PLANNING PROCESS. NO AUDIO TAPES WERE MADE, NO ACCURATE DECISION RECORDS, MINUTES, REQUIRED BY OPEN MEETINGS ACT WERE PRODUCED. WE WERE TOLD ALL PLANNED REZONING SUGGEST BY THE OTHER PLANNING TEAMS BEFORE OURS WERE PASSED BY THE CITY COUNCIL INTO ORDINANCES. MY SMART FRIEND TOLD ME YOU ARE MORE LIKELY A POLITICAL SUBDIVISION OF AUSTIN, THAT WE HAD QUAWS SEE OOQUASI JUDICIAL POWERS AND RUBBER STAMPED BY CITY COUNCIL MEMBERS. THE BOULDIN TEAM IS ACTUALLY AN ADVISORY BOARD COMMITTEE. TEXAS ATTORNEY GENERAL HAS ISSUED OPINIONS ... OUR: MONETARY VALUES OF REAL PROPERTY WHICHS EVERYBODY'S PROPERTY. UNDER THESE CONDITIONS THE USE OF THE OPEN MEETINGS ACT IS REQUIRED, REQUIRED ALSO WHERE THERE EXISTS AN IMBALANCE IN THE VOTE. THIS IMBALANCE MEANS CONDITIONS EXIST WHY MINORITY VOTE ADVISORIES ARE BEING NULLIFIED BY MAJORITY SPECIAL INTEREST GROUPS. IT'S AGAINST THE OPEN MEETINGS ACT AGAINST THE LAW IN TEXAS. MY SOURCES TELL ME THAT YOU ALL INVESTIGATED THIS WE HAD TO SIGN THE M.O.U. LAST YEAR BECAUSE YOU WANT TO FIND OUT WHY THE PLANNING DEPARTMENT CHANGED THEIR STANCE ON THAT. OTHER PLANNING TEAMS WERE ASKED TO SIGN IT. WE WERE TOLD THAT WE HAD TO SIGN IT OR THEY WOULD WALK AWAY, THAT'S COERCION WITH THE THREAT OF THE CITY COMING IN AND DEVELOPING THROUGHOUT THE WHOLE NEIGHBORHOOD WITH NO CONTROL FROM US. WHO TOLD THE PLANNING DEPARTMENT THAT THEY SHOULD TELL US THAT WE HAD TO SIGN THIS PLANNING M.O.U.? OR THEY WOULD WALK AWAY. MY SOURCE SAYS THAT YOU ALL INVESTIGATED THIS. I DON'T KNOW OFFICIALLY OR NOT. AND THAT IT CAME FROM CITY COUNCIL. AND WHAT I WOULD LIKE TO KNOW IS, SO I CAN TALK TO THE LAWYERS OVER AT THE FREEDOM OF INFORMATION GROUP, WHO WAS IT THAT TOLD PLANNING DEPARTMENT THAT WE HAD TO SIGN THIS M.O.U.?

MAYOR GARCIA: I DON'T —

THAT'S OKAY. YOU HAVE THE POWER TO INVESTIGATE. YES, SIR. WOULD YOU?

MAYOR GARCIA: I SUSPECT THAT WE HAD REASON TO, SURE.

DO YOU HAVE REASON TO DO THAT? DO YOU HAVE REASON TO DO THAT?

MAYOR GARCIA: AS OF RIGHT NOW, NO. BUT, YOU KNOW, I DON'T KNOW —

OKAY. THE FREEDOM OF INFORMATION ACT IS IN PLACE, IT'S CALLED THE SUNSHINE ACT SO THAT WHEN — WHEN THE MINORITY ADVISORIES ARE NULLIFIED, THE PUBLIC HAS A RIGHT TO KNOW HOW THAT OCCURRED. [BUZZER SOUNDING] THIS DID NOT TAKE PLACE IN THESE MEETINGS. I BELIEVE YOU ALL HAVE VIOLATED THE OPEN MEETINGS ACT IF NOT DELIBERATELY, CIRCUMVENTED IT.

THANK YOU.

THANK YOU.

MAYOR GARCIA: OKAY, THERE'S A MOTION BY COUNCILMEMBER ALVAREZ, IS THERE A SECOND?

GOODMAN: SECOND.

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

WYNN: MAYOR? I JUST WANT TO VERIFY THAT THERE'S NO — NO MEMBER OR SPEAKERS HERE FROM THE SOUTH SIDE CHURCH OF CHRIST.

MAYOR GARCIA: IS THERE ANYBODY HERE FROM THE SOUTH SIDE CHURCH OF CHRIST?

WYNN: THANK YOU, MAYOR.

MAYOR GARCIA: FURTHER DISCUSSION? THIS MOTION WILL REQUIRE SIX VOTES BECAUSE IT HAS A VALID PETITION OF 100% FROM THE OWNER. ALL THOSE IN FAVOR OF THE MOTION SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO? MOTION CARRIES ON A VOTE OF 7 TO 0.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: ON MOTION 3, SHOULD WE JUST MAKE THAT BECAUSE WE NEVER READ INTO THE RECORD —

MAYOR GARCIA: MOTION 3 WE DID NOT DO, COUNCILMEMBER, BECAUSE THE MAYOR PRO TEM MADE A MOTION BASICALLY THAT IN MOTION 2 THAT INSTEAD OF SAYING EXCEPT TRACT 24 AND 28, SHE SAID EXCEPT TRACT 68 NOT 24. SO BY DOING THAT SHE HANDLED ITEM NO. 3.

ALVAREZ: BUT WE INCLUDE 24 IN THERE, BUT IT DOESN'T HAVE A LANGUAGE THAT SAYS SPIRITUAL RETREAT CENTER WITH CHANGES CONSISTENT WITH THE MEDIATION AGREEMENT.

MAYOR GARCIA: I TAKE ITRONIX INCLUDES ALL OF THAT.

THE ORDINANCE THAT YOU ADOPTED DOES INCLUDE THAT.

YEAH.

ALVAREZ: I WANT TO MAKE SURE THAT THE RECORD REFLECTS THAT WAS THE INTENTION THAT THE CHANGES FOR THAT TRACT BE CONSISTENT WITH THE MEDIATION AGREEMENT ATTACHED.

MAYOR GARCIA: OKAY.

GOODMAN: IF THAT'S THE MOTION, MAYOR, I WILL SECOND IT, REDUNDANCY IS NOT TOTALLY UNACCEPTED IN THESE. UNEXPECTED IN THESE.

MAYOR GARCIA: THANK YOU. IT IS 5:30. AT THIS TIME, —

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I THINK — I THINK WE WANTED TO JUST DO IT AS A MOTION ON BOTH TO BE SURE THAT THAT LANGUAGE IS PART OF THE MOTION.

MAYOR GARCIA: SURE, DO YOU WANT TO MAKE THAT MOTION?

ALVAREZ: YEAH.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ ON ITEM NO. 3, WHICH WOULD READ TRACT 24, 904 SOUTH SECOND SPIRITUAL RETREAT CENTER WOULD — WITH CHANGES CONSISTENT WITH MEDIATION AGREEMENT, ADJACENT PROPERTY OWNERS [INAUDIBLE] THAT WOULD ALLOW A COMMERCIAL USE, MOTION BY COUNCILMEMBER ALVAREZ, SECONDED BY THE MAYOR PRO TEM. AND — AND IS THERE — IS THERE FURTHER DISCUSSION ON THIS? IF NOT ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. AT THIS TIME WE HAVE — THIS IS A TIME WHEN WE HAVE MUSIC HERE AT THE COUNCIL. BUT WE ALSO HAVE A VERY SPECIAL EVENT HERE, WE ARE SAYING GOODBYE TO ONE OF OUR FELLOW COUNCILMEMBERS WHO HAS SERVED DILL..... DILIGENTLY FOR SIX YEARS. I SEE PEOPLE WITH FLOWERS, READY TO PRESENT SOME THINGS. SO — BALLOONS. [ LAUGHTER ] SO — SO WE ARE RECESSED, DURING THIS RECESS THE COUNCIL WILL LISTEN TO SOME MUSIC, IF THE MUSICIANS ARE HERE. WE ALSO MAY HAVE A — A MAYOR FOR A DAY PERSON. AND WE ALSO WILL HONOR COUNCILMEMBER BEVERLY GRIFFITH. WE ARE IN RECESS. LET ME ALSO ANNOUNCE THAT THE COUNCIL AT THIS TIME, IF THERE IS TIME, I DON'T KNOW WHETHER THERE WILL BE TIME TO DO THIS, MAY HAVE AN EXECUTIVE SESSION ON ITEMS HELP ME ON THIS SEDORA. ON ITEMS 1 AND 3. AND 6. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

MAYOR GARCIA: OKAY EVERYBODY. TAKE YOUR SEATS. PLEASE, PLEASE, PLEASE. AS ALL OF YOU KNOW, EVERY THURSDAY WHEN WE MEET WE HAVE — WE WELCOME A MAYOR FOR THE DAY. TODAY WE HAVE FOURTH GRADER FROM PEASE ELEMENTARY, MR. DANIEL RAY YBARRA. SO I'M GOING TO PRESENT TO HIM A PROCLAMATION, AND FROM THERE ON OUT HE'S GOING TO BE PRESENTING SOME PROCLAMATIONS. HERE IS WHAT YOU ARE GOING TO READ IN A MINUTE. BUT THIS PROCLAMATION READS AS FOLLOWS. BUT IT KNOWN THAT WHEREAS DANIEL RAY YBARRA IS A NINE-YEAR-OLD FOURTH GRADER AT PEACE ELEMENTARY SCHOOL, WHO IS THE BEST STUDENT IN HIS CLASS IN READING, WRITING AND MATH. WOW! [ APPLAUSE ] I ACTUALLY SHOULD SAY READING, WRITING AND ARITHMETIC. WHEREAS DANIEL RAY WANTED TO BE MAYOR FOR A DAY BECAUSE HE COULD HELP MAYOR GARCIA WRITE LETTERS. HE'S KNOWN AS THE WRITING MACHINE. AND COUNT MONEY. [ LAUGHTER ] WHICH WE DON'T DO A LOT OF HERE. AND WHEREAS DANIEL RAY HAS A VARIETY OF INTERESTS, INCLUDING BASEBALL, BASKETBALL AND FOOTBALL AND HE PLAYS CENTER FIELD, INCIDENTALLY. HE HAS TO LEAVE BECAUSE HE HAS TO PLAY CENTER FIELD IN A GAME TONIGHT. AND COLLECTING MOVIES, ACTION FIGURES, POSTERS AND T-SHIRTS. NOW I THEREFORE, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY CLAIM DANIEL RAY YBARRA AS MAYOR FOR THE DAY IN THE CITY OF AUSTIN. LET'S GIVE HIM A HAND. [ APPLAUSE ] YOU CAN SPEAK RIGHT HERE. [ LAUGHTER ] I SHOULDN'T HAVE DONE THAT, SHOULD I? IT SAYS THE WIDENING GYRE.

WIDENING GYRE IS AN ACOUSTIC BASED BAND SPECIALIZING IN VOCAL HARMONIES AND FIDDLE TUNES BASED IN AUSTIN, THEY HAVE BEEN ABLE TO PERFORM THE GIGS AROUND THE COUNTRY. SO PLEASE JOIN ME IN WELCOMING WIDENING GYRE. [ APPLAUSE ] (music)(music) $ (MUSIC PLAYING) (music). (music)(music) $ (music). (music)(music) $ . [ APPLAUSE ]

MAYOR GARCIA: I'M GOING TO READ THIS PROCLAMATION AND THEN YOU CAN PRESENT IT TO WIDENING GYRE. IT READS AS FOLLOWS: BE IT KNOWN THAT THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY AND WHEREAS DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AS THE LIVE MUSIC CAPITOL OF THE WORLD, NOW THEREFORE I, GUS GARCIA AND MAYOR YBARRA ALSO, MAYORS OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM MAY THE 23rd, 2002, AS WIDENING GYRE IN AUSTIN. AND LET'S PRESENT IT TO THEM AND SHAKE THEIR HANDS. [ APPLAUSE ]

THANK YOU VERY MUCH FOR THIS WARM RECEPTION. TOMORROW WE WILL BE PERFORMING AT THE AUSTIN-BERGSTROM INTERNATIONAL AIRPORT. AND IF YOU HAVE FRIENDS AND COLLEAGUES COMING TO TOWN, TELL THEM TO PLEASE STOP BY AND HEAR SOME OF THE MUSIC. WE WILL ALSO BE PERFORMING FOR THE TEXAS HIGHLANDERS, A LOCAL ORGANIZATION FOR THEIR ANNUAL SINCLAIR DAY PICNIC, WHICH WILL BE ON THE FIRST OF JUNE OUT AT ZILKER PARK FROM 12 TO FOUR. WE HOPE YOU WILL ALL COME OUT TO THAT. THANK YOU VERY MUCH FOR LISTENING TO US THIS AFTERNOON. [ APPLAUSE ]

MAYOR GARCIA: AT THIS TIME I'M GOING TO RECOGNIZE COUNCILMEMBER BEVERLY GRIFFITH FOR SOME VERY SPECIAL PRESENTATIONS. AND THEN I'M GOING TO RECOGNIZE SOME OF HER FRIENDS WHO HAVE A FEW THINGS TO PRESENT TO HER. SO HELP ME WELCOME COUNCILMEMBER BEVERLY GRIFFITH, WHO HAS — [ APPLAUSE ] (CHEERING AND APPLAUSE).

MAYOR GARCIA: WHO HAS GIVEN ALL OF US, ALL OF US, SIX YEARS OF OUTSTANDING SERVICE ON THE AUSTIN CITY COUNCIL. AND WE'LL BE PRESENTING GIFTS TO HER, BUT SHE WANTS TO PRESENT SOME CERTIFICATES TO SOME OF THE PEOPLE WHO HAVE MADE IT POSSIBLE FOR HER TO GET HERE.

YES, ABSOLUTELY.

GRIFFITH: YES, ABSOLUTELY. WE HAVE A NATIONAL LEAGUE SUPERSTAR WITH US. HER NAME IS GALE CUMMINGS. AND I'D LIKE TO ASK HER TO COME UP, ALONG WITH ROBIN STALLING, WHO IS GENERALLY BESIDE HER. THE CITY OF AUSTIN CERTIFICATE OF CONGRATULATIONS FOR HAVING BEEN CHOSEN AS THE RECIPIENT OF THE NATIONAL BICYCLE ADVOCACY AWARD BY THE LEAGUE OF AMERICAN BICYCLISTS. GALE CUMMINGS IS DESERVING OF PUBLIC ACLAIM AND RECOGNITION. THE AWARD RECOGNIZES HER EFFORTS IN MAKING THE TEXAS BICYCLE COALITION THE BICYCLE ADVOCACY MODEL FOR THE REST OF THE NATION AND FOR HER WORK IN SHEPHERDING THE MOST COMPREHENSIVE PRO BICYCLE LEGISLATION THROUGH THE TEXAS LEGISLATURE. THIS CERTIFICATE IS ISSUED IN ACKNOWLEDGMENT OF THIS HONOR AND IS PRESENTED WITH OUR CONGRATULATIONS. THIS 23rd DAY OF MAY IN THE YEAR 2002 BY THE CITY COUNCIL OF AUSTIN, TEXAS. GALE, CONGRATULATIONS. [ APPLAUSE ]

IN WASHINGTON, D.C. ALL I GOT WAS A PLAQUE. HERE AT LEAST I GET BALLOONS. IF YOU REALLY WANT TO SEE A TRUE FRIEND OF BICYCLING, IT'S THIS WOMAN RIGHT HERE. THIS IS A FRIEND OF CYCLISTS. [ APPLAUSE ] AND WE'RE TRULY GOING TO MISS HER AT CITY COUNCIL, BUT I KNOW ONCE A CIRCLE CIST, — CYCLIST, ALSO A CYCLIST SHE'LL ALWAYS BE OUT THERE WITH HER BEST INTEREST AT HEART. SO I'M HAPPY TO BE ACCEPTING THIS ON BA BEFORE OF ALL THE CYCLISTS IN TEXAS. BUT THE WORK THAT WE DO AT THE TEXAS BICYCLE COALITION, IT DOESN'T LEND ITSELF TO INDIVIDUAL CREDIT. SO GETTING LEGISLATION PASSED ON A STATEWIDE LEVEL TOOK A LOT OF PEOPLE, PRESTON WHO IS IN THIS ROOM, ROBIN, CHUCK, OUR OWN CONGRESSMAN LLOYD DOGGETT, THOSE ARE THE PEOPLE THAT HELPED MAKE SAFE ROUTES TO SCHOOL BECOME A LAW. WE JUST FINISHED OUR FINAL DISCUSSION WITH THE DEPARTMENT OF TRANSPORTATION TODAY. THREE MILLION DOLLARS WILL BE AVAILABLE IN FUNDING STARTING AUGUST 1ST. WE WANT ALL COMMUNITIES AND SCHOOLS TO START APPLYING SO WE CAN GET OUR CHILDREN WALKING AND BIKING TO SCHOOL AGAIN. AND I'D ALSO LIKE TO REMIND YOU THAT MAY IS NATIONAL BIKE MONTH. AND IN THE WORDS OF A FORMER AUSTINITE, PRESIDENT BUSH, HE ALSO HELPED BRING AWARENESS TO BICYCLING ON A NATIONAL LEVEL. AND HE DID THAT WHEN HE WAS INTRODUCING THE NEW SURGEON GENERAL, AND HE SAID, WELL, THE DOC AND I ARE GOING TO ENCOURAGE ALL OF OUR COUNTRY TO EITHER RUN OR WALK OR SWIM OR BIKE FOR THE GOOD OF THEIR FAMILIES, FOR THE GOOD OF THEIR OWN HEALTH AND FOR THE GOOD OF THE HEALTH OF THE NATION. I ENCOURAGE OUR CITIZENS OF AUSTIN TO GET ON THEIR BIKES THIS MONTH AND DO IT FOR THE HEALTH OF AUSTIN AND FOR TEXAS. THANK YOU. [ APPLAUSE ]

GRIFFITH: COULD WE HAVE JEFF JACK COME FORWARD, PLEASE? AND THIS, HIS DISTINGUISHED SERVICE AWARD, READS: FOR SERVING AS EXECUTIVE ASSISTANT TO COUNCILMEMBER GRIFLY BEVERLY GRIFFITH. FOR PASSIONATELY PURSUING CHANGES IN POLICY TO SIGNIFICANTLY BETTER THE LIVES OF AUSTINITES. FOR SERVING AS AN ADVISOR AND CONFIDANTE AND FOR TACKLING TOUGH ISSUES WITH ENERGY, INTELLIGENCE AND 10 NASTY. — TENACITY. JEFF JACK IS DESERVING OF PUBLIC ACCUSE CLAIM AND RE— ACLAIM AND RECOGNITION. [ APPLAUSE ]

GEE, AFTER THREE YEARS I MIGHT GET THREE MINUTES. NO, THIS WON'T TAKE THAT LONG. I WANT TO SAY THANK YOU TO A NUMBER OF PEOPLE. AUSTIN IS BLESSED WITH HAVING A GREAT NUMBER OF PEOPLE WHO CARE DEEPLY ABOUT THIS CITY. MANY OF THEM WORK FOR THE CITY. THEY WORK VERY HARD TO HELP THE COUNCILMEMBERS OVER THE YEARS AND I WANT TO THANK THEM. WE HAVE GREAT AIDES TO THE OTHER COUNCILMEMBERS. THEY WORK HARD TO APPROVE — IMPROVE EVERYTHING IN AUSTIN AS WELL. AND WE HAVE A COUNCIL THAT I REALLY BELIEVE IS TRYING TO MAKE AUSTIN THE BEST CITY IN AMERICA. BUT MOST OF ALL, I WANT TO THANK COUNCILMEMBER BEVERLY GRIFFITH. IT HAS BEEN AN HONOR FOR ME TO SERVE WITH HER. SHE HAS DONE THINGS THAT THE PUBLIC DOESN'T RECOGNIZE POSSIBLY YET, BUT IN YEARS TO COME THEY WILL UNDERSTAND JUST HOW MUCH SHE HAS CONTRIBUTED TO THIS CITY. I'M PROUD TO HAVE HELPED HER. I LOOK FORWARD TO THE DAYS IN THE FUTURE WHERE SHE WILL CONTINUE TO CONTRIBUTE TO AUSTIN, AND WE'RE FORTUNATE TO HAVE HER. THANK YOU. [ APPLAUSE ]

GRIFFITH: BARRETT SUNBURG, PLEASE COME FORWARD. BARRETT, YOUR DISTINGUISHED SERVICE AWARD SAYS FOR EXCELLENT SERVICE AS A MEMBER OF THE STAFF OF COUNCILMEMBER BEVERLY GRIFFITH, FOR PROVIDING COURTEOUS AND COMPETENT SERVICE TO THE CITIZENS OF AUSTIN AND FOR DILIGENTLY PURSUING ANSWERS TO COMPLICATED QUESTIONS. THAT'S BARRETT SUNBURG. CONGRATULATIONS. YOU ARE INDEED DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. [ APPLAUSE ]

JUST VERY BRIEFLY, IT HAS BEEN AN HONOR AND A PLEASURE TO SERVE THE CITIZENS OF AUSTIN IN THIS CAPACITY AND IT HAS JUST BEEN A GREAT DELIGHT TO WORK FOR BEVERLY GRIFFITH. I ALREADY LOVED HER AND RESPECTED HER BEFORE WORKING FOR BEVERLY GRIFFITH, BUT THAT HAS JUST INCREASED A MILLION TIMES FROM SEEING HER IN ACTION OVER THE LAST 22 MONTHS. I'VE NEVER SEEN SOMEONE IN PUBLIC SERVICE WITH SO MUCH INTEGRITY AND DETERMINATION, AND IT HAS JUST BEEN A FANTASTIC DELIGHT TO WORK HERE. [ APPLAUSE ]

GRIFFITH: AND NOW COULD WE HAVE TOI GOODSON COME FORWARD? TOI, YOU'RE DISTINGUISHED SERVICE AWARD SAYS, FOR SERVING AS A DEDICATED STAFF SOMEBODY TO COUNCILMEMBER BEVERLY GRIFFITH, FOR PROVIDING KNOWLEDGE AND CHEERFUL SERVICE TO THE PEOPLE OF AUSTIN AND FOR OFFERING PROMPT AND COURTEOUS SERVICE TO CITY HALL STAFF AND CITY EMPLOYEES. TOI GOODSON IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. YES, INDEED. [ APPLAUSE ]

THANK YOU VERY MUCH. BEVERLY, I WANT TO THANK YOU SO MUCH FOR THE OPPORTUNITY TO WORK IN CITY HALL. I'VE MET THE MOST WONDERFUL PEOPLE AND GOTTEN TO WORK WITH THE MOST WONDERFUL PEOPLE, THE MOST DEDICATED PEOPLE. AND I'LL NEVER FORGET IT. AND I JUST CAN'T THANK YOU ENOUGH. [ APPLAUSE ]

MAYOR GARCIA: NOW, HERE'S WHAT WE'RE GOING TO DO. WE'RE GOING TO PRESENT A PLAQUE TO THE COUNCILMEMBER. THEN WE'RE GOING TO ASK THE COUNCILMEMBERS TO SAY A FEW WORDS. THEN WE'RE GOING TO ASK A FEW OF HER FRIENDS THAT SHE WANTS, I THINK MARY ARNOLD, MAYBE — ROBERTA, YOU MAY NOT WANT TO SAY. JUDY PASSED. BECAUSE WE DON'T HAVE THE CLOCK GOING, WE'LL ALLOW YOU A MINUTE OR SO. [ LAUGHTER ] BUT LET ME JUST SAY THAT SERVING ON THE COUNCIL IS A GREAT HONOR AND A GREAT RESPONSIBILITY. AND SERVING WITH AT THE NASTY LIKE SHE DID — TENACITY LIKE SHE DID — I FREQUENTLY MADE REFERENCE TO THE FACT THAT WHEN SHE DUG HER HEELS IN ON AN ISSUE WHERE SHE KNEW SHE WAS RIGHT, USUAL NOT GOING TO MOVE HER FROM THERE. SHE'S STUCK TO HER GUNS REGARDLESS, DEFENDED HER POSITIONS TREMENDOUSLY WELL, WHETHER YOU AGREED WITH HER OR YOU DID NOT AGREE WITH HER. AND I WAS ON BOTH SIDES OF THAT PARTICULAR SITUATION. YOU ALWAYS RESPECTED HER FOR HER INTEGRITY AND FOR HER DEDICATION TO THIS COMMUNITY. WE WORKED TOGETHER ON MANY THINGS, THE SOCIAL FABRIC INITIATIVE. THAT WAS HER IDEA. IT WASN'T MY IDEA, IT WAS HER IDEA. [ APPLAUSE ] ON THE DESTINATION PARKS AND GREENWAYS — [ APPLAUSE ] SHE WAS OUT THERE LOOKING AT ALL THE LAND, MAKING SURE THAT EVERY PIECE OF LAND THAT NEEDED TO BE IN THE PARKS WAS INCLUDED AND THAT SHE FOUGHT FOR THE BONDS AND SHE TOOK IT ALL THE WAY FROM A TO Z AND BACK. I HAVE LEARNED TO RESPECT HER AND TO ENJOY WORKING WITH HER. AND COUNCILMEMBER, I'M GOING TO MISS YOU. YOU AND I MAY DISAGREE ON SOME THINGS, BUT THAT DOESN'T MEAN THAT MY RESPECT FOR YOU IS ANY LESS. SO IN PRESENTING YOU THIS, I'M VERY HUMBLED. IT READS: CITY OF AUSTIN, FOUNDED 1839, 163 YEARS OLD, — WE WERE ADOLESCENTS ACTUALLY. AND BEVERLY GRIFFITH, COUNCILMEMBER PLACE 4 — I'M GOING GERMANY THIS — NEXT MONTH AND WE'RE VISITING OUR SISTER CITY CITY THAT'S TWO THOUSAND YEARS OLD, SO WE ARE ADOLESCENTS. ON BEHALF OF THE CITY OF AUSTIN, WE THANK YOU FOR YOUR DISTINGUISHED PUBLIC SERVICE AND DEDICATION TO OUR COMMUNITY, ITS PEOPLE AND TRADITION. JUNE 1996 TO JUNE 2002. THIS HAS THE NAMES OF ME, MAYOR PRO TEM GOODMAN COUNCILMEMBER DARYL SLUSHER, WILL WYNN AND DANNY THOMAS. AND I WILL ASK THEM IN THAT ORDER TO COME AND SAY A FEW WORDS. MAYOR PRO TEM?

APPLAUSE ]

GOODMAN:

GOODMAN: WELL, THE NICE THING ABOUT BEING AN AMERICAN IS YOU DON'T HAVE TO AGREE WITH EACH OTHER ALL THE TIME TO BE GOOD FRIEND AND TO BE A PART OF THE DEMOCRACY THAT WE HOLD DEAR. AND THE NICE THING ABOUT BEING AN AUSTINITE IS YOU'RE NOT EXPECTED TO AGREE WITH EACH OTHER ALL THE TIME. IN FACT, YOU'RE PROBABLY NOT DOING IT RIGHT IF YOU DO. BUT I WOULD LIKE TO SAY THAT BEING ON THE COUNCIL IS A VERY HARD JOB. IT'S VERY STRESSFUL. AND ANYBODY WHO CHOOSES TO OFFER THEMSELVES UP FOR PUBLIC SERVICE DESERVES AN AWARD THE MINUTE THEY WALK THROUGH THE DOOR BECAUSE IT IS VERY DEMANDING, VERY, VERY STRESSFUL ON OCCASIONS. AND IF YOU ARE HERE DOING IT, IT'S BECAUSE YOU LOVE THIS CITY. WHETHER YOU AGREE WITH SOMEONE OR NOT, YOU CAN NEVER DENY THAT ANYBODY WHO CHOOSES TO DO IT HAS ONLY THE VERY BEST INTEREST OF THIS CITY AND OUR PEOPLE IN MIND. AND I WOULD LIKE TO THANK BEVERLY BECAUSE SHE IS A VERY PASSIONATE, DETERMINED AND INVENTIVE PERSON WHO HAS MADE CHANGES IN AUSTIN FOR THE BETTER, AND WE ALL WILL BENEFIT FROM THAT. AND IT GOING TO BE A REALLY DIFFERENT PLACE AROUND HERE WITHOUT HER AND WE WILL MISS HER. AFTER EVERYBODY SPEAKS, IN FACT, THE COUNCIL DOES HAVE A PRESENT FOR YOU BECAUSE WE'LL PROBABLY BE ENJOYING YOUR RETIREMENT VICARIOUSLY WITH YOU FROM TIME TO TIME. AND SO FOR ME AND FOR THOSE WHO ASKED ME TO TELL YOU THAT THEY DO LOVE YOU AND WERE NOT ABLE TO BE HERE TODAY, BUT THEY'RE GOING TO WATCH THIS TODAY OR ON REPLAY, YOU KNOW THAT WE CARE AND WE'RE GLAD THAT YOU WERE HERE AND WE ALL LOVE YOU. [ APPLAUSE ]

SLUSHER: I'VE SERVED WITH BEVERLY. FOR SIX YEARS WE CAME ON THE COUNCIL TOGETHER. I GOT ELECTED THE SAME NIGHT, GOT REELECTED THE SAME NIGHT ONE TIME. AND SHE'S N — WE WERE FRIENDS BEFORE WE GOT ON THE COUNCIL, GOT TO KNOW EACH OTHER A LOT BETTER AFTER THAT. I THINK ALL OF YOU KNOW BEVERLY'S DEDICATED TO THE CITY OF AUSTIN. SHE'S TOUGH, SHE'S RELENTLESS. AND I JUST WANT TO NAME OFF A FEW ACCOMPLISHMENTS THAT SHE HAS COUNT DUNN THAT MADE THE CITY OF AUSTIN A BETTER PLACE. ONE THAT I WORKED ON TOGETHER WITH HER WAS THE STRATEGIC PLAN FOR THE ELECTRIC UTILITY IN 1996, PASSED ON A FOUR-THREE VOTE. AND THE UTILITY HAS GOTTEN MUCH, MUCH HEALTHIER SINCE THEN, SINCE WE STARTED FOLLOWING THAT PLAN. [ APPLAUSE ] ANOTHER IS MUELLER AIRPORT. THAT'S ANOTHER ONE SHE AND I — IT WAS MY PLEASURE TO WORK WITH HER ON AND WE WERE ABLE TO GET IT WHERE THE MUELLER AIRPORT BECAME PART OF THE GENERAL FUND AFTER IT CLOSED IN EXCHANGE FOR SWAPPING THE LAND AT BERGSTROM. WE HAD TO WORK WITH CONGRESSMAN DOGGETT, THE F.A.A. AND A NUMBER OF OTHER FOLKS AND ENTITIES. AND THAT'S GOING TO BE IMPORTANT AND LIVE ON INTO THE FUTURE FOR THE CITY OF AUSTIN. AND ANOTHER ONE RIGHT ON THAT SAME CATEGORY, THE DESTINATION PARKS, WHICH THE MAYOR HAS ALREADY TALKED ABOUT, WHICH SHE SAW THIS VISION OF WHAT COULD BE DONE WITH THOSE PARKS AND CONNECTED BY TRAILS, AND IT'S IN THE PROCESS OF HAPPENING. WE MOVED FORWARD ON ONE OF THEM TODAY. AND SO THAT'S JUST A FEW. I COULD GO ON WITH A NUMBER. BUT WE'RE GOING TO MISS BEVERLY. AND I JUST WANT TO CONCLUDE THAT THE CITY OF AUSTIN IS A BETTER PLACE BECAUSE BEVERLY GRIFFITH SERVED ON THE AUSTIN CITY COUNCIL. [ APPLAUSE ]

ALVAREZ: REAL BRIEFLY, I'VE HAD THE HONOR OF SERVING ALSO WITH COUNCILMEMBER GRIFFITH. AND IT'S BEEN A COUPLE OF YEARS, ALTHOUGH IT FEELS LIKE A LOT LONGER THAN A COUPLE OF YEARS. BUT IT'S BEEN GREAT. WE'VE GOTTEN A LOT DONE. AND COUNCILMEMBER GRIFFITH GAVE ME A LOT OF ENCOURAGEMENT AND SUPPORTED A LOT OF THE EFFORTS AND A LOT OF THE INITIATIVES THAT I'VE BEEN TRYING TO PUSH FORWARD. I THINK A LOT OF TIMES THAT PEOPLE THINK OF COUNCILMEMBER GRIFFITH AS JUST PRO ENVIRONMENT OR PRO NEIGHBORHOOD, BUT SHE — SHE HAS ALWAYS BEEN VERY PRO EAST AUSTIN, AND I THINK THAT WAS PART OF WHAT THE MAYOR SPOKE ABOUT IN TERMS OF THE DESTINATION PARKS, MUELLER. I MEAN, THAT'S AGAIN ANOTHER BIG EAST AUSTIN ISSUE. MAKE SURE WE DO THAT RIGHT AND ADDRESS THOSE ISSUES OF GENTRIFICATION. AND ON SEVERAL OCCASIONS WHEN WE WOULD BE MEETING, SHE WOULD TELL ME OKAY, WHAT ARE WE GOING TO DO FOR EAST AUSTIN. WE'RE NOT DOING ENOUGH. SO SHE'S BEEN A GREAT ADVOCATE AND ALLY FOR EAST AUSTIN. THE HOLLY FIRE PLANT, ALWAYS PUSHING THE UTILITY TO SEE HOW ARE WE GOING TO DO THIS, ARE WE STILL COMMITTED TO THIS. AND A LOT OF OTHER ISSUES, CONSUMER ISSUES. AND WE ALREADY KNOW ABOUT CYCLING ISSUES THAT — SO SHE IS VERY WELL ROUNDED. SHE'S ALSO A BIG SUPPORTER OF BIG BROTHERS AND BIG STZ, ALSO A GREAT PROGRAM THAT REACHES OUT TO LATINO FAMILIES AND A LOT OF TIMES PEOPLE DON'T KNOW SHE'S INVOLVED IN THAT, BUT I AM VERY INSPIRED BY THE WORK SHE DID AND HOPE THAT WE CAN FOLLOW THAT EXAMPLE. AND THANK YOU, BEVERLY, FOR ALL YOU'VE DONE FOR US. I APPRECIATE IT. [ APPLAUSE ]

WYNN: BEVERLY AND I ARE NEIGHBORS AT HOME AND OF COURSE NEXT DOOR NEIGHBORS HERE ON THE DIAS. BUT UNFORTUNATELY, PEOPLE GENERALLY CHARACTERIZER AND I AS HAVING SO MANY DISAGREEMENTS POLITICAL I UP HERE ON THE DIAS. AND THINKING ABOUT IT, IT'S PROBABLY ON AVERAGE A VOTE A WEEK, PERHAPS TWO OUT OF 100 AGENDA ITEMS EACH OTHER. THE VAST MAJORITY OF, IN MY OPINION, COUNCILMEMBER GRIFFITH'S WORK IS LIKE WHAT ALL OF US DO, IS TO MAKE AUSTIN A BETTER RUN CITY. SHE'S BEEN DOING THAT FOR SIX YEARS. AND, YOU KNOW, SHE OBVIOUSLY HAS A VERY BIG PUBLIC SERVICE ITCH AND SHE'S BEEN SCRATCHING IT NOW FOR DECADES REALLY IN — DECADES IN AUSTIN. SOME PEOPLE JUST KNOW HER AS SIX YEARS ON THE DIAS, BUT MANY OF HER FRIENDS KNOW IT GOES BACK FOR DECADES. AND I'VE LEARNED A LOT BEING NEXT TO HER ON THE DIAS. I'VE LEARNED AS MUCH IN OUR AGREEMENTS AND I HAVE IN OUR DISAGREEMENTS. YOU KNOW, SHE'S AN INSPIRATION FOR A LOT OF US TO — WEATHER WE'RE — WHETHER WE'RE SCRATCHING OUR ITCH ON THE DIAS HERE OR DOING THINGS WITH OUR PARKS FOUNDATION OR DOING THINGS WITHIN OUR NEIGHBORHOODS OR DOING THINGS, RAISING KIDS, RAISING GRANDKIDS, SHE'LL BE MISSED UP HERE. BUT I KNOW THAT ITCH IS TOO BIG FOR HER TO STOP SCRATCHING, SO WE'LL SEE MORE OF HER. THANKS, BEVERLY. [ APPLAUSE ]

THOMAS: BEVERLY, LAST BUT NOT LEAST, I HAVE LEARNED A GREAT DEAL FROM BEFERLY. A LOT OF PEOPLE WOULD SAY THAT SHE'S THEIR FRIEND. SHE IS A FRIEND. SHE'S VERY SENSITIVE ABOUT THE NEEDS AND HELPING THE CITIZENS OF AUSTIN AND WILL BE WELL MISSED. BUT I WILL SAY THIS TO YOU, THAT KEEP DOING THE THINGS THAT YOU HAVE DONE FOR THE CITIZENS OF AUSTIN. WE ALL LOVE YOU. GOD KEEP YOU AND GOD BLESS YOU. [ APPLAUSE ]

COUNCILMEMBERS, IF YOU WOULD COME THIS WAY. WE WANT TO ALL WATCH YOU OPEN THAT.

GOODMAN: IT IS DIFFICULT TO GET BEVERLY TO BACK OFF AND TAKE A BREAK, BUT THIS PRESENT —

GRIFFITH: OH.

GOODMAN:—MANDATES THAT YOU TAKE A MINUTE.

GRIFFITH: IT CERTAINLY DOES. WONDERFUL, A HAMMOCK. GREAT. [ APPLAUSE ]

GRIFFITH: THERE'S ONE GROUP THAT IT HARD TO THANK BECAUSE THEY'RE 10 OR 11,000 OF THEM. AND THOSE ARE THE PROFESSIONALS, THE STAFF. SO TOBY, WOULD YOU COME, PLEASE, AND REPRESENT ALL OF THE DEDICATED, HARD WORKING, COMMITTED STAFF MEMBERS OF THE CITY? WE HAVE HERE AN ORIGINAL PIECE OF ART. IT WAS A CARTOON. AND I TRACKED DOWN THE ARTIST AND ASKED HIM IF I COULD PURCHASE THE ORIGINAL ARTWORK. SO HERE, TOBY, REPRESENTING ALL OF THE THOUSANDS OF FOLKS WHO SERVE YOU CITIZENS EVERYDAY TIRELESSLY AND OFTEN THANKLESSLY, PLEASE REPRESENT THEM. [ APPLAUSE ] [ LAUGHTER ]

FUTRELL: THIS IS CARVING UP THE PORK CARTOON HERE. [ APPLAUSE ]

GRIFFITH: AND I THINK THERE'S ONE MORE PERSON WE NEED TO MEET THIS EVENING, AND THAT'S BAILEY GRIFFITH. [ APPLAUSE ]

I WORKED REALLY HARD TO HELP GET HER REELECTED, BUT IF IT WASN'T SUPPOSED TO HAPPEN, I'M REALLY GLAD TO HAVE MY GIRL BACK! [ LAUGHTER ]

GRIFFITH: THANKS TO EVERYBODY WHO'S HERE THIS EVENING, AND LET'S KEEP WORKING TOGETHER FOR OUR GREAT CITY THAT WE LOVE. [ APPLAUSE ]

MAYOR GARCIA: THANK YOU. THANK YOU VERY MUCH. I WANT TO INVITE A COUPLE OF HER FRIENDS TO COME UP AND SAY A COUPLE OF WORDS. MARY ARNOLD AND JUDY PFAFF, WHO HAVE BEEN LONG TIME FRIENDS. MARY, WELCOME. [ APPLAUSE ]

SEVERAL YEARS AGO THE CITY COUNCIL WENT OFF AND HAD A RETREAT TO TRY TO GET TO KNOW EACH OTHER WHEN KIRK WATSON BECAME MAYOR. AND I DECIDED THAT SINCE IT WAS AN OPEN MEETING, SOMEBODY FROM THE PUBLIC SHOULD BE THERE. [ LAUGHTER ] SO I HAD GREAT FUN. AND ONE OF THE LITTLE EXERCISES THAT THEY DID WAS TO TRY TO KIND OF GET AT HOW THE DIFFERENT COUNCILMEMBERS OPERATED. WHAT WAS IT ABOUT THEIR PSYCHE THAT GAVE THE PUSH TO THE WAY THEY LOOKED AT LIFE AND THE CITY'S BUSINESS. AND BEVERLY AND GUS GARCIA WERE BOTH THE BIG PICTURE GUYS. AND I THINK THAT IS PROBABLY PART OF WHY BEVERLY'S VISION HAS BEEN VERY BROAD AND HAS BROUGHT FORWARD PICTURE AND VISIONS THAT CAN INSPIRE ALL OF US AND CAN INSPIRE THINGS TO GET DONE. THE SECOND THING, BEVERLY'S GIFT TO THE CITY EMPLOYEES I THINK WAS VERY APPROPRIATE. BEVERLY WAS RAISED IN AN ATMOSPHERE OF PUBLIC SERVICE. HER FATHER WAS A CITY MANAGER. SO I THINK THAT HER YEARS OF SERVICE TO THIS COMMUNITY WOULD MAKE HER PARENTS VERY, VERY PROUD OF HER. THE THIRD THING I'D LIKE TO SAY IS THAT BEVERLY AND JACKIE BOTH WERE ON THE PARKS BOARD WHEN I SERVED ON THE PARKS BOARD. AND MY GOODNESS, WE HAVE BEEN THROUGH A LOT OF ISSUES AND THINGS TOGETHER, AND IT'S ALL BEEN REALLY WONDERFUL FOR A WONDERFUL CITY. AND BEVERLY, THANK YOU. [ APPLAUSE ]

MAYOR GARCIA: I'M ALSO GOING TO ASK YOU TO COME AFTER JUDY GETS THROUGH, AND I THINK YOU HAVE SOME FLOWERS TO PRESENT TO THE COUNCILMEMBER, UNLESS YOU BROUGHT THEM TO ME, BUT I DON'T THINK YOU DID, RIGHT? [ LAUGHTER ] JUDY, WELCOME.

I WANTED TO THANK BEVERLY. I'VE KNOWN HER FOR MANY MORE YEARS — SINCE BEFORE SHE CAME ON THE COUNCIL. AND SHE WAS A DEDICATED SERVANT TO THE PUBLIC ALL THOSE YEARS, AND I CERTAINLY DON'T EXPECT HER TO GO AWAY. AND I'M SO GLAD SOMEBODY RECOGNIZED BAILEY. ALL THESE SIX YEARS I'VE BEEN TELLING HIM WHAT A SUPPORTIVE HUSBAND HE IS AND HAS BEEN, AND Y'ALL ARE SO FORTUNATE TO HAVE EACH OTHER. AND I WONDER CAN SOMEBODY BRING A MICROPHONE TO ROBERTA CRENSHAW. I ROOMED NEXT DOOR TO ROBERTA IN 1936.

YOU JUST TALK INTO THIS? THAT'S BETTER WAY TO GET THE ATTENTION. SOMETIMES I TALK AND NOBODY'S HEARING. WELL, I REALLY AM THRILLED TO DEATH TO SEE THIS MANY PEOPLE OUT HERE TODAY TO PAY THEIR RESPECTS TO MY GOOD FRIEND BEVERLY. SOMEONE SAID THAT UNFORTUNATELY SHE LOOKED SOMETIMES LIKE SHE HAD STUCK HER FEET ON THE FLOOR AND THEN SHE WENT AND HAD GOTTEN HER SHOES, BUT I'M NOT SURE THAT'S TRUE BECAUSE I'VE SEEN HER GIVE MUCH DEEP CONSIDERATION TO EVERY ISSUE THAT I'VE EVER HEARD HER COME UP WITH. AND WE'VE HAD LOTS OF THEM SINCE SHE'S BEEN THERE. I'M SO PROUD TO BE PART OF THIS ORGANIZATION SUCH AS IT IS TODAY, JUST THOSE WHO HAVE COME AND WANT TO HONOR BEVERLY. AND I WANT TO SAY THAT WE HAVE I THINK A WONDERFUL COUNCIL STILL AND I'M SO PROUD OF OUR MAYOR AND I'M SO PROUD OF SOME OF THE NEW PEOPLE THAT OUGHT TO HAVE A LOT OF JUDGMENT ABOUT HOW TO HELP THE MAYOR RUN THIS TOWN. AND SO I DON'T THINK THEY'LL BE HERE TODAY, BUT THEY WILL CERTAINLY MAKE AN ADDITION TO THE ASSISTANCE Y'ALL ARE GOING TO NEED AND THE MAYOR IS GOING TO NEED. AND I'M TALKING ABOUT EVEN THE LADY WHO UNFORTUNATELY OR FORTUNATELY, I DON'T KNOW HOW — IT SOUNDS KIND OF LIKE I'M A LITTLE BIT LIKE BAILEY ABOUT THIS. WE'RE KIND OF GLAD TO HAVE BEVERLY BACK. [ LAUGHTER ] BUT ANYWAY, LET'S GET ON WITH THE SHOW THAT'S ON THE ROAD AND LET'S GET THIS MAYOR AND HIS ASSISTANTS, JACKIE AND DARRYL AND THOSE — AND THE NICE FELLOW, THE BIG STRONG BLACK FELLOW. [ LAUGHTER ] THAT I'M SO VERY PROUD OF. AND I'M VERY PROUD OF THE NEW MAYOR. HE LOOKS LIKE HE'S GOING TO LEARN A WHOLE LOT TODAY. [ LAUGHTER ] BUT ANYWAY, THANK YOU ALL VERY MUCH. AND I'M GOING TO LEARN TO USE A MICROPHONE. [ APPLAUSE ]

MAYOR GARCIA: AND, YOU KNOW, ROBERT ITA, WE DID NOT EVEN MENTION THE SAND BEACH RESORT. YOU TALK ABOUT DIGGING YOUR HEELS DOWN. THIS GANG RIGHT HERE BALKED TO MAKE SURE THAT THE CITY HAD THEIR RIGHTFUL SHARE OF THE SAND BEACH RESERVE. JEAN, COME ON UP.

I REALLY HAVE BEEN HONORED TO SERVE UNDER BEVERLY ON THE PLANNING COMMISSION. WELL, NOT UNDER HER REALLY, BESIDE HER MAYBE. BUT I REALLY THINK SHE HAS SET AN EXAMPLE FOR WHAT A COUNCIL PERSON CAN DO AND SHOULD DO. [ APPLAUSE ] CHEER CHEER (CHEERS AND APPLAUSE).

MAYOR GARCIA: NOW, I KNOW MANY OF YOU HAVE OFTEN WONDERED WHAT WE DO IN THE EXECUTIVE SESSION ROOM. WELL, YOU'RE GOING TO FIND OUT TODAY BECAUSE THERE'S CAKE IN THERE AND WE INVITE YOU TO GO TO THE EXECUTIVE SESSION ROOM AND GET YOUR CAKE. AFTER — NO, LET THEM GO NOW. THE PRESENTATIONS CAN BE DONE. THE FOLKS THAT WANT TO GO ENJOY CAKE CAN GO AND I'LL MAKE SOME OTHER PRESENTATIONS TO OTHER PEOPLE THAT ARE HERE TO BE HONORED.

MAYOR GARCIA: IF YOU ALL COULD GIVE ME YOUR ATTENTION, WE HAVE A FEW MORE FOLKS THAT WE WANT TO HONOR. THE MAYOR HAS RECEIVED SOME LETTERS OF COMMEND ADDITION AND I WANT TO READ ONE GIVEN TO HIM BY THE CHAIRPERSON OF THE HOUSE COMMITTEE ON HIGHER EDUCATION, STATE REPRESENTATIVE FOR DISTRICT 35 THAT SAYS DEAR DANIEL, PLEASE ACCEPT MY MOST SINCERE CONGRATULATIONS ON BEING NAMED THE AUSTIN MAYOR OF THE DAY. YOUR INTEREST IN PUBLIC SERVICE IS TRULY EXCEPTIONAL, WHILE YOUR ACCOMPLISHMENT PROVIDES A BRILLIANT EXAMPLE FOR OTHER STUDENTS TO FOLLOW. I ENCOURAGE YOU TO CONTINUE STRIVING FOR THE IMPROVEMENT OF OUR COMMUNITY. MAY YOU ALWAYS HAVE MUCH SUCCESS IN THE FUTURE AND MEET THE CHALLENGES AHEAD WITH THE SAME ENTHUSIASM AND DETERMINATION. SINCERELY, STATE REPRESENTATIVE OF DISTRICT 35 AND CHAIRPERSON OF THE HOUSE COMMITTEE ON HIGHER EDUCATION. [ APPLAUSE ] AND SHE PRESENTED HIM WITH A CERTIFICATE THAT HAS THE STATE OF TEXAS HOUSE OF REPRESENT REPRESENTATIVES. THIS PRESENTS THAT DANIEL FOR THE OUTSTANDING ACCOMPLISHMENTS OF BEING NAMED MAYOR FOR THE DAY IN AUSTIN, TEXAS, MAY 23rd OF THE YEAR 2002. I THINK THAT REPRESENTATIVE RANGELLE WAS THE STATE REP FROM THE DISTRICT WHERE HE CAME FROM, CORRECT? NOW, MAYOR, WE — WE HAVE SOME PROCLAMATIONS THAT WE WANT TO PRESENT. FIRST IS GARY LEACH HERE? GARY LEACH, WELCOME. THE MAYOR IS GOING TO READ TO YOU THIS PROCLAMATION. MAYOR, CAN YOU READ THIS?

BE IT KNOWN THAT WHEREAS THE AUSTIN CHAPTER OF THE AMERICAN ASSOCIATES — SOCIETY OF QUALITY HAS BEEN AN ACTIVE ADVOCATE IN SPREADING AND APPLYING THE CONCEPTS OF QUALITY TO THE WORK ENVIRONMENT —

MAYOR GARCIA: I'LL READ THE INTRODUCTION PARAGRAPH AND YOU READ THIS RIGHT HERE, OKAY? AND WHEREAS ITS MEMBERSHIP INCLUDES 700 BUSINESSES OF ALL SIZES, ALONG WITH STATE AND LOCAL GOVERNMENT ORGANIZATIONS AND EDUCATIONAL INSTITUTIONS, AND WHEREAS WE CONGRATULATE ASQ AUSTIN AND — ON ITS ANNIVERSARY AND ASK THEM TO CONTINUE PROMOTING QUALITY THROUGH ITS WORKSHOPS AND CHAPTER MEETINGS, ITS CONTRIBUTIONS$+z NONPROFIT ORGANIZATIONS AND ITS AFFILIATION WITH SCHOOLS. NOW THEREFORE I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN — AND MAYOR YBARRA HERE BY PROCLAIM —

MAY 23rd, 2002 AS THE 25 th ANNIVERSARY OF THE AUSTIN CHAPTER OF THE AMERICAN SOCIETY OF QUALITY IN AUSTIN, TEXAS. [ APPLAUSE ]

THANK YOU, MAYORS. IT'S AN HONOR TO BE HERE AND ACCEPT THIS RECOGNITION ON BEHALF OF THE AUSTIN CHAPTER OF THE AMERICAN SOCIETY FOR QUALITY. FOR 25 YEARS WE HAVE BEEN AN INFLUENCE ON AUSTIN'S CULTURE AND BUSINESS ENVIRONMENT. I'LL TAKE THIS OPPORTUNITY TO THANK THE CITIZENS OF AUSTIN AND SURROUNDING CITIES, THE BUSINESSES AND ORGANIZATIONS FOR WHICH WE WORK, OUR CITY COUNCIL, MAYOR GARCIA AND DANIEL, OUR MAYOR FOR THE DAY, FOR IT IS YOU THAT ALLOWS US TO BE HERE AND WORK FOR 25 YEARS. IT'S YOU WHO ALLOW US TO BE HERE TODAY AND IT WILL BE YOU THAT WILL ALLOW US TO BE A PART OF YOUR FUTURE TOMORROW. THANK YOU. [ APPLAUSE ]

MAYOR GARCIA: IS MR. MARK MARSH HERE? WELCOME. THIS PROCLAMATION READS ADDS FOLLOWS. BE IT KNOWN THAT WHEREAS HOME SHOULD BE A PLACE WHERE CHILDREN CAN GET THE LOVE, WARMTH, SECURITY AND SAFETY THEY DESERVE, BUT PARENTS IN CRISIS ARE NOT ALWAYS ABLE TO MEET THEIR CHILDREN'S NEEDS, AND WHEREAS FOSTER PARENTS PROVIDE THAT INTERIM SUPPORT FOR CHILDREN AND PARENTS UNTIL THEY CAN GETNi BACK ON THE RIGHT TRACK AND WHEREAS CASEY FAMILY PROGRAMS HAVE EXPANDED ITS SERVICES TO INCLUDE COUNSELING, — COUNSELING, FINDING MORE PERMANENT HOMES FOR CHILDREN AND TRANSITION SERVICES FOR CHILDREN LEAVING FOSTER CARE, NOW THEREOF I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM —

MAY 2002 AS FOSTER CARE MONTH IN AUSTIN.

MAYOR GARCIA: ALL RIGHT. [ APPLAUSE ]

YES. IT'S MY HONOR ON BEHALF OF CASEY PROGRAMS TO ACCEPT THIS ON BEHALF OF FOSTER PARENT AND ON BEHALF OF THE CHILDREN AND YOUTH WHO RESIDE IN FOSTER CARE IN THIS COMMUNITY. THE AUSTIN COMMUNITY HAS A RICH TRADITION OF SUPPORTING THE FAMILIES, THE CHILDREN AND YOUTH WHO HAVE THESE NEEDS, AND WE WILL CONTINUE TO WORK WITH THEM AS WE HAVE FOR THE LAST NUMBER OF YEARS. THERE ARE A LOT OF ORGANIZATIONS IN THE COMMUNITY WHO PROVIDE THIS SERVICE, AND I WOULD ENCOURAGE ANY OF YOU WHO WOULD LIKE TO BE A PART OF THIS CONTACT YOUR LOCAL EITHER CHILD PROTECTIVE SERVICES OR LOCAL PRIVATE AGENCY AND OPEN YOUR HEARTS AND YOUR HOMES AND GIVE CHILDREN THE OPPORTUNITY TO BE SAFE AND TO BE HEALTHY. THANK YOU VERY MUCH. [ APPLAUSE ]

MAYOR GARCIA: THE MAYOR IS NOW PASSING OUT CARDS TO EVERYBODY. [ LAUGHTER ] IF CHIEF GARY WARREN COULD COME UP AT THIS TIME. THIS IS A CERTIFICATE OF CONGRATULATIONS FROM THE CITY OF AUSTIN FOR RECEIVING — CERTIFICATE OF CONGRATULATIONS FOR RECEIVING FULL ACCREDITATION STATUS FROM THE COMMISSION ON FIRE ACCREDITATION INTERNATIONAL FOLLOWING A COMPREHENSIVE APPLICATION AND ASSESSMENT PROCESS.

THE AUSTIN FIRE DEPARTMENT —

MAYOR GARCIA: IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION — YES, HE IS GOOD, ISN'T HE? [ LAUGHTER ] AFD JOINS AN ELITE GROUP OF 59 FIRE DEPARTMENTS NATIONWIDE THAT HAVE BEEN ACCREDITED. THIS ACCREDITATION RECOGNIZES THAT AFD MEETS THE HIGHEST STANDARDS FOR SERVICE DELIVERY OF PUBLIC SAFETY AND THAT MANY OF THE DEPARTMENTS BEST PRACTICES SERVE AS MOLDSS FOR OTHER — MODELS FOR OTHER FIRE DEPARTMENTS IN THE COUNTRY. THIS CERTIFICATE IS ISSUED IN ACKNOWLEDGMENT OF THIS OUTSTANDING ACHIEVEMENT AND IT'S PRESENTED WITH CONGRATULATIONS ON THIS 23rd DAY OF MAY 2002. AND IT'S SIGNED BY ME AND HAS THE NAMES OF ALL COUNCILMEMBERS. CHIEF, CONGRATULATIONS. THAT'S A GREAT ACCOMPLISHMENT. [ APPLAUSE ]

FIVE YEARS AGO THE FIRE DEPARTMENT INVITED THE INSURANCE SERVICES OFFICES TO COME TO AUSTIN AND GIVE US AN ASSESSMENT ON THE — SPECIFICALLY ON THE FIRE PROTECTION THAT'S PROVIDED TO THIS COMMUNITY. THE RESULT OF THAT ASSESSMENT WAS THAT THEY UPGRADED THE RATING FOR THE CITY OF AUSTIN FROM A CLASS 3 TO A CLASS 2, WHICH SAVES THE CITIZENS MONEY ON THEIR FIRE INSURANCE. TWO YEARS AGO WE ASKED FOR A DIFFERENT TYPE OF ASSESSMENT TO BE DONE ON OUR DEPARTMENT, AND THIS ASSESSMENT THAT WE ASKED FOR WAS TO MEASURE OUR BUSINESS PROCESSES AND THROUGH THE AUSTIN QUALITY REWARDS. THE RESULT OF THAT WE GOT THE HIGHEST ACHIEVEMENT AWARD OVER OUR BUSINESS PROCESS. NOW DURING THE LAST TWO YEARS WE ASKED THE COMMISSION ON FIRE ACCREDITATION INTERNATIONAL TO COME DO AN ASSESSMENT ON ALL OF OUR EMERGENCY RESPONSES AND EMERGENCY PREVENTION SERVICES THAT WE PROVIDE, AND THE RESULT OF THAT THIS SPRING WE GOT THIS ACCREDITATION FROM THE COMMISSION ON FIRE ACCREDITATION INTERNATIONAL. SO WE'RE VERY PROUD TO RECEIVE THESE RECOGNITIONS AND WE'RE PROUD OF THE FACT THAT ALL OF THESE DIFFERENT ASSESSMENTS FIND US WORTHY OF THESE GREAT HONORS. AND WE THANK YOU ALL FOR YOUR SUPPORT AND WE PROMISE THAT WE'LL CONTINUE TO DELIVER EMERGENCY SERVICES OF THE HIGHEST QUALITY. THANK YOU. [ APPLAUSE ]

MAYOR GARCIA: AND I SAID IT BEFORE, AND I'LL SAY IT AGAIN, FOR THE PEOPLE OF AUSTIN, WHAT TAXES YOU PAY THAT HELP US MAINTAIN THIS DEPARTMENT DON'T COST YOU ANYTHING. IF WE DIDN'T HAVE THIS HIGH QUALITY DEPARTMENT, YOUR INSURANCE RATES WOULD BE MUCH HIGHER. SO LET'S GIVE THEM AGAIN A BIG HAND. [ APPLAUSE ] ASSISTANT CHIEF IS ALSO HERE, SO CHIEF, WELCOME, SIR. AND MR. RICHARD HARRINGTON AND ALL OF YOUR E.M.S. FOLKS AND EVERYBODY. YEAH, YOU WANT THEM ALL HERE, RIGHT? ALL PART OF EMERGENCY CARE. SOME YEARS BACK I GOT SICK AND THE CITY MANAGER CALLED ME AT HOME AND SAID I'M GOING TO SEND AN AMBULANCE SO HE CAN TAKE — THEY CAN TAKE YOU TO THE HOSPITAL. I SAID NO, I DON'T WANT AN AMBULANCE HERE BECAUSE THEY'RE GOING TO THINK THAT SOMETHING'S WRONG WITH ME. I'LL DRIVE BY MYSELF. NEVER SHOULD HAVE DONE IT, I'M GOING TO TELL YOU. DON'T DO THAT. CALL THESE GUYS AND THEY'LL TAKE CARE OF YOU. THEY'LL TAKE CARE OF YOU VERY WELL.

[ INAUDIBLE ]

MAYOR GARCIA: I KNOW, TOBY, YOU DON'T HAVE TO RUB IT IN! THIS PROCLAMATION READS AS FOLLOWS: BE IT KNOWN THAT WHEREAS THE EMERGENCY MEDICAL SERVICE TEAMS ARE MADE UP OF PHYSICIANS AND NURSES, EMMITT PARAMEDICS, FIREFIGHTERS, EDUCATORS AND ADMINISTRATORS WHO ARE READY TO PROVIDE LIFE SAVING CARE TO THOSE IN NEED 24 HOURS A DAY, SEVEN DAYS A WEEK, 24/7. AND WHEREAS ACCESS TO QUALITY EMERGENCY CARE DRAMATICALLY IMPROVES THE SURVIVAL AND RECOVERY RATE OF THOSE WHO EXPERIENCE SUDDEN ILLNESS OR INJURY AND WHEREAS ALL AUSTINITES BENEFIT DAILY FROM THE KNOWLEDGE AND SKILLS OF THIS HIGHLY TRAINED PROFESSIONALS AND WE THANK THEM FOR THE VALUABLE SERVICE THEY PROVIDE TO OUR CITY AND COUNTY. NOW THEREFORE I GUS GARCIA AND MAYOR YBARRA HERE BY PROCLAIM — LET ME GET THIS DOWN.

MAY 23rd THROUGH 25th, 2002 AS EMERGENCY MEDICAL SERVICES WEEK IN AUSTIN.

MAYOR GARCIA: AND IT'S BEEN PROCLAIMED, CHIEF. [ APPLAUSE ]

MAYOR GARCIA AND MAYOR YBARRA, THANK YOU VERY MUCH. AS YOU KNOW, THE LAST NINE MONTHS HAVE BEEN A GREAT CHALLENGE FOR PUBLIC SAFETY AND PUBLIC HEALTH. I CAN'T TELL YOU HOW MUCH WE APPRECIATE THE RECOGNITION AND SUPPORT WE'VE RECEIVED THIS WEEK FROM THE PUBLIC, FROM OUR FELLOW HEALTH CARE WORKERS, FROM THE HOSPITAL AND ESPECIALLY FROM OUR ELECTED OFFICIALS. IT'S WITH GREAT PRIDE THAT I ACCEPT THIS PROCLAMATION ON BEHALF OF ALL 1900 PLUS INDIVIDUALS WHO PROVIDE EMERGENCY MEDICAL CARE WITHIN THE AUSTIN E.M.S. SYSTEM. THERE'S ONE OTHER THING I WOULD LIKE TO ADD. WE BEGIN OUR FIRST LONG HOLIDAY WEEKEND OF THE SUMMER THIS WEEKEND, SO I STRONGLY SUGGEST TO EVERYBODY, PLEASE, BE CAREFUL, BUCKLE UP, DRIVER RESPONSIBLY AND ABOVE ALL BE SAFE. WE DON'T WANT TO BE BUSY THIS WEEKEND. THANK Y'ALL. [ APPLAUSE ] THE —

MAYOR GARCIA: THE COUNCIL WILL BE BACK IN SESSION BY ABOUT 7:00. I'M GOING TO GET A BITE TO EAT SO I CAN CONTINUE. THANK YOU VERY MUCH. THANK YOU FOR BEING HERE.

MAYOR GARCIA: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M CALLING BACK TO ORDER THE MEETING OF THE AUSTIN CITY COUNCIL OF MAY THE 23rd . WE HAVE CONCLUDED OUR EXECUTIVE SESSION AND NO DECISIONS WERE MADE. AND WE ARE — WE ARE NOW AT ITEM NO. 19, WHICH IS APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO DO THE EAST 5 FIRST STREET AND SPRINGDALE ROAD. AND THAT RESOLUTION WILL BE RED INTO THE RECORD BY COUNCILMEMBER GRIFFITH. EAST 5 FIRST STREET.

IF YOU COULD READ THAT INTO THE RECORD NOW AND THEN WE WILL HAVE THE PRESENTATION.

GRIFFITH: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, THE CITY COUNCIL AUTHORIZES THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS RELATED TO ACQUIRING APPROXIMATELY 198 ACRES LOCATED NEAR EAST 5 FIRST STREET AND SPRINGDALE ROAD, 51st STREET AND SPRINGDALE ROAD, FROM THE TRUST FOR PUBLIC LANDS, SOLO STAR REALTY, JOHN MCCORMICK, FOR THE DEVELOPMENT OF GREEN WAY AND DESTINATION PARKS IN AN AMOUNT NOT TO EXCEED 2,060,000 TO BE PURCHASED WITH NOVEMBER 1998 BOND FUNDS AND FURTHER AUTHORIZES THE CITY MANAGER OR DESIGNEE TO ENT==== SUCH AGREEMENT ON TERMS AND CONDITIONS AS MAY BE DEEMED REASONABLE, NECESSARY, OR REQUIRED.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. WE WILL HAVE A PRESENTATION BY THE STAFF ON THIS. BUT BEFORE WE DO THAT, I WOULD LIKE TO RECOGNIZE SEVERAL SCOUT TROOPS THAT ARE HERE, WITH REPRESENTATIVES. IF YOU ALL COULD STAND AND BE RECOGNIZED. SCOUTS — SCOUTS. [ APPLAUSE ] IT'S VERY APPROPRIATE THAT YOU ALL BE HERE AT THIS TIME BECAUSE WE ARE TALKING ABOUT ACQUIRING SOME LAND THAT WILL BE PRESERVED AS PARKLAND DESTINATION PARKWAYS FOR NOW AND THROUGH ETERNITY, MAYBE AT SOME POINT YOU CAN GO TO THOSE LANDS TO LOOK AT THEM AND HIKE ON THEM. SO, VERY APPROPRIATE THAT WE WOULD BE TAKING THIS UP AS Y'ALL ARE HERE. WELCOME, THANK YOU SO VERY MUCH FOR BEING HERE. JUDY?

LET ME ACCLIMATE. THIS IS 51st STREET, HIGHWAY 183, SPRINGDALE. THIS PARTICULAR 198-ACRES HELPS US CONNECT THE LITTLE WALNUT CREEK TO THE YMCA. ON THIS MAP YOUR DARK GREEN PARKLAND CONNECTS ALL THE WAY UP TO HIGHWAY 290. CROSS OLD MANOR ROAD UP TO 290. THIS PIECE IS IMPORTANT FOR US TO CONNECT AND JOIN THE NEIGHBORHOODS ON THE WEST SIDE OF 183 OVER TO THE YMCA AND THEN ON TO OUR HIKE AND BIKE TRAILS ALONG WALNUT CREEK. I ALSO WANT TO SAY I REMEMBER IN 1992, BARTON CREEK PARK PROPOSITION 11, 20 MILLION WE HAVE ALSO ACCOMPLISHED THAT, COUNCILMEMBER GRIFFITH. BUT THIS PARTICULAR PIECE IS IMPORTANT FOR US.

MAYOR GARCIA: OKAY. QUESTIONS FOR MS. PLUMBER? THE — THE RESOLUTION THAT WAS READ INTO THE RECORD BY COUNCILMEMBER GRIFFITH ALSO TOOK THE FORM OF A MOTION. WHICH I WILL ASK FOR A SECOND NOW FROM EVERYBODY.

GOODMAN: SECOND.

MAYOR GARCIA: COUNCILMEMBER — I MEAN MAYOR PRO TEM SECONDS. THE AMOUNT OF THIS IS NOT TO EXCEED 2,060,000. AND LIKE COUNCILMEMBER GRIFFITH STATED, IT'S TO BE PURCHASED FROM BOND MONEYS APPROVED IN THE 1998 BOND ELECTION. FURTHER DISCUSSION? IF NOT, ALL OF THOSE IN FAVOR SIGNIFY BY SAYING.

AYE.

AYE OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0.

THERE HAS BEEN SOME REQUEST BY COUNCILMEMBERS WITH REGARD TO CERTAIN ITEMS. MAYOR PRO TEM, YOU REQUESTED ONE — THAT ONE ITEM BE CONSIDERED?

GOODMAN: I THOUGHT 28 MIGHT GO QUICKLY AND THAT WE COULD LET THOSE FOLKS GO HOME.

MAYOR GARCIA: OKAY. THIS WAS PULLED BY COUNCILMEMBER WYNN. MS. GLASGO, THIS IS THE CEDAR DOOR, SECOND AND THIRD READING ITEM.

GLASGO: YES, MAYOR AND COUNCILMEMBERSS, ALICE GLASGO. ON ITEM NO. 28, CASE C14-01-177, WHICH IS THE CEDAR DOOR BAR, AS SOME OF YOU MAY KNOW ALREADY, THAT THE CEDAR DOOR ITSELF HAS FOUND A DIFFERENT LOCATION AND WILL NOT BE LOCATING HERE. HOWEVER, THE OWNER OF THE PROPERTY WOULD STILL LIKE TO PURSUE CS-1 ZONING IN THE EVENT THAT SHE HAS ANOTHER INTERESTED PARTY WHO MIGHT WANT TO LOCATE A SIMILAR USE HERE. SO JUST WANTED TO INFORM YOU THAT CEDAR DOOR WILL NOT BE LOCATING HERE, AT LEAST IT'S BEEN MY UNDERSTANDING THAT — THAT THEY FOUND A DIFFERENT LOCATION WHERE THEY WOULD NOT NEED THE ZONING CHANGE. HAVING SAID THAT, I JUST WANTED TO ALSO LET YOU KNOW THAT AT YOUR FIRST READING HEARING, YOU ASKED US TO VISIT WITH ADJACENT PROPERTY OWNERS, INCLUDING THE SCHOOL, TO HEAR THE — THEIR CONCERNS AND HOPEFULLY ADDRESS THEM. THEIR CONCERNS STILL REMAIN AND THEY RELATE TO ISSUES THAT RELATE TO NOISE. THEY FEEL THAT THE USE WOULD BE INCOMPATIBLE AND THEIR LIVES WILL BE AFFECTED BY SUCH A USE IN PROXIMITY TO THEM. GIVEN THAT, WE WERE NOT REALLY ABLE TO REACH ANY RESOLUTION REGARDING THOSE ISSUES. HOWEVER, WE — WE DID GET A SUPPORTING LETTER FROM AN ADJOINING PROPERTY OWNER WHO ASKED THAT THE OWNER PLACE A FENCE ALONG THE PROPERTY LINE AND ALSO THERE WOULD BE ADEQUATE PARKING ON SITE, 45 SPACES, WOULD BE PROVIDED. WHICH WOULD BE ADEQUATE UNDER THE CODE. I WILL PAUSE THERE AND RESPOND TO QUESTIONS IF THERE ARE ANY.

MAYOR GARCIA: QUESTIONS FOR MS. GLASGO?

WYNN: MAYOR?

MAYO,,,,, COUNCILMEMBER WYNN?

WYNN: MISS GLASGO, I MAY BE MISTAKEN, BUT AS PART OF THE PUBLIC HEARING IN THE FIRST READING, WAS THE ACTUAL TRACT TO BE ZONED SOMEWHAT DELINEATED BY SORT OF THE SIZE OF THE PHYSICAL SHAPE OF THE CEDAR DOOR? I GUESS WE SAW SOME SKETCHES THAT SHOWED A SITE PLAN WITH THIS PARKING. I GUESS MY QUESTION IS IF THE CEDAR DOOR ISN'T GOING TO BE THERE, YOU KNOW, HOW LARGE IS THE TRACT? IS IT STILL THE SAME, YOU KNOW, PIECE OF LAND, ET CETERA?

YES. THE TRACT IS STILL THE SAME SIZE AND CONFIGURATION, THAT HAS NOT CHANGED. OBVIOUSLY, IF YOU WERE TO ZONE THE PROPERTY TONIGHT, THEN THAT WOULD BE THE LIMITATIONS AS TO WHICH ANY FUTURE SITE PLANS WOULD BE DESIGNED WOULD BE LIMITED TO JUST THAT AREA.

WYNN: OKAY. ALSO PART OF THE DISCUSSION, DID WE ALSO TALK ABOUT, YOU KNOW, HOURS OF OPERATION AND — AND I THINK PEOPLE WERE SORT OF — SORT OF KNOW VERY WELL THE CEDAR DOOR, SORT OF GENERALLY KNOW, YOU KNOW, ITS SCALE, HOW MANY PATRONS ARE LIKELY TO BE THERE AT A TIME, WHAT THEIR, YOU KNOW, HOURS HAVE BEEN. IS&d&d&d&d&d THIS — IS THIS NEW PLAN GOING TO CHANGE THAT OR DID WE EVEN GET INTO THE DISCUSSION ABOUT HOURS OF OPERATION?

THERE HASN'T BEEN AN HOURS OF OPERATION TIME FRAME OFFERED. IN THAT THE APPLICANT MIGHT BE ABLE TO OFFER THAT. BUT — BUT WITHOUT A SPECIFIC TENANT, I DON'T KNOW THAT THEY WILL BE ABLE TO DO THAT. BUT THAT'S SOMETHING THAT THE APPLICANT OR AGENT CAN SPEAK TO. WE HAVE NOT BEEN PRESENTED WITH A PROPOSAL TO LIMIT THE HOURS OF OPERATION. THAT IS SOMETHING THAT OBVIOUSLY THE CITY COUNCIL CAN CONSIDER. IF YOU IT WASN'T TO LIMIT THE HOURS OF OPERATION, WE WOULD HAVE TO PUT THAT IN A RESTRICTIVE COVENANT. ANY SUBSEQUENT SITE PLANS THAT COME THROUGH OR CONDITIONAL USE PERMIT FOR A COCKTAIL LOUNGE OR A BAR WOULD — THAT COULD BE PART OF THE CONSIDERATION BY THE ZONING AND PLATTING COMMISSION.

WYNN: AND THE ISSUE OF — OF A SCHOOL BEING WITHIN — WAS IT THREE OR 500 LINEAL FEET, I MEAN THAT — THAT ESSENTIALLY AS PART OF THIS ZONING WE WOULD BE WAIVING THAT?

NO, THAT WOULD HAVE TO COME YOU TO YOU AS A SEPARATE REQUEST IF THE ZONING WERE APPROVED. WITHOUT THE ZONING, WITHOUT YOU HAVING MADE A DECISION ON THE ZONING, THEN THE APPLICANT HAS NOT MADE THAT — THE ZONING ITSELF DOES NOT GUARANTEE THAT THE USE SIMILAR TO CEDAR DOOR CAN GO HERE BECAUSE THOSE TWO STEPS ARE REQUIRED. THAT YOU NEED COUNCIL — A SEPARATE REQUEST WOULD HAVE TO CONSIDER THE — THE WAIVER FROM THE DISTANCE BETWEEN THE — BETWEEN THE DAYCARE AND THE PROPOSED USE. AND IF YOU WERE TO GRANT THAT WAIVER REQUEST, THEN THAT WOULD ALLOW THEM TO PROCEED WITH A CONDITIONAL USE PERMIT PLAN THAT WOULD BE CONSIDERED BY THE ZONING AND COMMISSION. THAT SITE PLAN IS APPEALABLE BY AN INTERESTED PARTY TO THE CITY COUNCIL. SO ZONING ON THIS PROPERTY, THE STAFF DOES NOT GUARANTEE ANYTHING GOING THERE WITHOUT HAVING TO MEET THOSE TWO TESTS.

WYNN: OKAY. THANK YOU, THAT HELPS. ALSO JUST IN MY — GOING DOWN THERE A FEW TIMES LATELY, I THINK THAT I SPOKE BRIEFLY TO THIS ON THE FIRST READING, THE TOMBMY ROAD IS JUST A — TOOMEY IS JUST A NEAT STREET. IN ANY SMALL STREET IN TOWN DESERVES SOME SORT OF INFORMAL DISTRICT STATUS IT WOULD BE A ROAD LIKE TOOMEY THAT HAS SO MANY DIFFERENT USES, MANY OF THEM PUBLIC. I GUESS THAT I AM JUST PREANNOUNCING THAT I WOULD SURE LIKE TO SEE SOME TYPE OF EFFORT, YOU KNOW, MADE EITHER FORMALLY THROUGH THE CITY BEING SUCH A MAJOR PROPERTY OWNER ON TOOM Y, OR JUST ENCOURAGING LOOKING AT TOOMEY ROARED AS SOME SORT OF A DISTRICT. FRANKLY I SEE MANY ADVANTAGES OF HAVING ISSUES RESOLVED LIKE SHARED PARKING AND SORT OF COORDINATED HOURS OF OPERATION BETWEEN DIFFERENT, YOU KNOW, PROPERTIES AND VENUES ON THERE TO SORT OF MAXIMIZE THE MIXED USE, YOU KNOW, THE CURRENT MIXED USE, BUT EVEN FUTURE MORE DENSE MIXED USE OPPORTUNITIES UP AND DOWN THE STREET. SO I WILL BE SUPPORTIVE OF — OF THE ZONING, BUT AS PART OF THE — OF THE INEVITABLE SITE PLAN PROCESS AND CONDITIONAL USES AND THE WAIVERS, ET CETERA, I JUST THINK THERE'S A — YOU KNOW, THERE'S A RELATIVELY EASY OPPORTUNITY FOR — FOR US TO SOMEHOW CONSIDER SORT OF A, YOU KNOW, A DISTRICT SITUATION THAT ALLOWS ALMOST LIKE IN DOWNTOWN WHERE INDIVIDUAL PROPERTIES DON'T NECESSARILY HAVE TO COMPLY TO THE — YOU KNOW, 100% OF THEIR INDIVIDUAL OFF STREET PARKING REQUIREMENTS BECAUSE IF THERE'S ENOUGH COORDINATION BETWEEN THE DIFFERENT USES AROUND THERE, THERE CAN BE A SIGNIFICANT OPPORTUNITY FOR SHARED PARKING.

WE CAN EXPLORE THAT, COUNCILMEMBER.

WYNN: THANK YOU.

MAYOR GARCIA: WE HAVE SEVEN PEOPLE SIGNED UP TO SPEAK. NOT EVERYBODY NEEDS TO SPEAK, THEY ARE REGISTERED. BUT SUSAN TOOMEY FROST IS THE FIRST SPEAKER. FOLLOWING MS. FROST IS JIM LAMONT. AND THEN REBECCA LEMOND, REBECCA IS NOT WISHING TO SPEAK, INOR OF.

MY NAME IS SUSAN TOOMEY FROST. MAYOR AND MEMBERS OF THE CITY COUNCIL, AND BEVERLY GRIFFITH THIS IS MY LAST CHANCE TO THANK YOU PUBLICLY FOR ALL OF11111OD THINGS THAT YOU HAVE DONE. AS YOU DO KNOW, THE CEDAR DOOR DID DECIDE — THEY WERE THERE SEVEN MONTHS, WE HAVE GOTTEN THIS FAR IN THE ZONING PROCESS AND THAT — IN THAT SEVEN-MONTH PERIOD AND HE HAD TO GET ON WITH HIS LIFE AND GET ON WITH BUSINESS AND THE ZONING PROCESS WAS A DISINCENTIVE TO GETTING THE DOOR OPEN QUICKLY. AND SO HE MADE THE DECISION TO MOVE AND I WISH HIM ALL THE//// BEST. ALL THROUGH THIS PROCESS, THOUGH, THERE HAS BEEN A BACKUP GROUP THAT WAS INTERESTED IN PURCHASING THE CEDAR DOOR IF THE PRESENT OWNER HADN'T @@@@@ IT. IN THAT PROCESS, — HADN'T DONE IT. IN THAT PROCESS THAT WAS LED BY THE LONG-TIME MANAGER OF THE CEDAR DOOR FOR 50 YEARS, JIM LEMOND HAD INTEREST AND FINANCIAL BACKERS TO BACK HIM. THEY BONDED WITH ME AND I BONDED WITH THEM. AND THERE IS STILL INTEREST PURSUING THIS. IF THE ZONING ISN'T THERE, THEY HAVE NO INTEREST IN TRYING TO START OVER. IT BEEN — AND SPENDuuuu SEVEN MONTHS TRYING TO GET A ZONING THING. GIVES THEM THE TUPTD TO DO — GIVES THEM THE OPPORTUNITY TO DO SOMETHI. IF TY CAN DO@ IT, W W W W W CAN DO IT. JACKIE AND I SERVED ON THE [INAUDIBLE] TASK FORCE. THE ENTIRE [INAUDIBLE] AREA ISN'T REALLY AN ENTERTAINMENT DISTRICT. EVERY RESTAURANT IN THERE SERVES LIQUOR AND EVEN CASA DELUZ, WHO THERE ARE PRIVATE PARTIES THERE AND LIQUOR IS SERVED RIGHT THERE AT THE SCHOOL AUDITORIUM AND ALSO — NO ONE — THERE IS LIQUOR EVERYWHERE. IT IS SOMETHING THAT WAS RECOMMENDED IN THE TOWN LAKE MASTER PLAN, ENCOURAGED IN THE TOWN LAKE MASTER PLAN AND BEING A MEMBER OF THAT COMMITTEE AND VERY INTERESTED IN ALL OF THIS, I'M TRYING TO GET A USE THAT IS COMPATIBILITY WITH ALL OF THAT. THAT DOES NOT SACRIFICE ANY OF THE TREES, A LOW INTENSITY DEVELOPMENT. AND THAT'S MY GOAL AND I WOULD LOVE TO HAVE YOUR HELP ON THIS. THE ZONING IS THE FIRST STEP IN THIS PROCESS AND I WOULD APPRECIATE YOUR SUPPORT. THANK YOU.

MAYOR GARCIA: THANK YOU, MS. FROST. JIM LEMOND. FOLLOWING MR. LEMOND, MS. REBECCA —

LONG TIME NO SEE. IT WOULD BE A LOT EASIER IF I HAD A BAR IN FRONT OF ME. I'M MUCH, MUCH, MUCH MORE COMFORTABLE. SUSAN BASICALLY COVERED EVERYTHING. YOU KNOW, THE KIND OF PLACE THAT I RUN. YOU KNOW HOW IT'S RUN. THE NOISE PROBLEMS. MAYBE TALKING A LITTLE BIT TOO LOUD, NEVER ANY LIVE MUSIC. OUR HOURS OF OPERATION WILL BE THE STAND THAT WE HAD BEFORE. 4:00, LONG AFTER SCHOOL IS OVER. THAT WON'T POSE ANY PROBLEM. MY WIFE AND I WANT TO GET INVOLVED IN DOING THIS. I WON'T SAY MOM AND POP OPERATION BECAUSE WE ARE TOO YOUNG TO BE MOM AND POP YET. HOPEFULLY 20 YEARS WHEN WE ARE STILL THERE THEY CAN CALL US A MOM AND POP OPERATION. BUT THIS IS — I WAS BORN HERE. I HAVE WATCHED AUSTIN CHANGE, I HAVE SEEN THE GOOD THINGS GO, BAD THINGS COME IN. THIS IS A GOOD THING. I WANT SOMETHING NICE AND QUIET AND THOSE OF YOU IN HERE WHO ENOUGH TO REMEMBER WHAT IT WAS LIKE ON 15th STREET, THAT'S KIND OF WHAT I'M SHOOTING FOR. DARYL HAD MORE HAIR. [ LAUGHTER ] YOU KNOW, EVERYTHING W@@@@@@@ DIFFERENT THENTTT IT'S NOW STILL THE SAME. IT NOT LIKE WE HAVE LOST ANYTHING. WE NEVER LOST IT. S G THING. HONESTLY, I WOULD LIKE TO GO BACK 20 YEARS AN JUST START TOLD YOU THAT I WOULD KEEP IT SHORT AND SWEET, THANKS, GUYS, I APPRECIATE IT. WHERE ARE YOU ALL GOING AFTER YOU LEAVE HERE? [ LAUGHTER ]

MAYOR GARCIA: ##### DOES MILES STILL GO OUT

OH, MILES?!! I DON'T KNOW ANYBODY NAMED CHARL MILES.HTER ] [TECICAL PROBLEMS, PLEASE STAND BY]&&&&&D NOT WISHING"""" SPEAK IN FAVOR OF. EDITH DELAKEY.

NOT WISHING TO SPEAK, PROPERTY OWNER ON TOOMEY AVENUE. OWNED THIS PROPERTY FOR 19 YEARS. DIE SUPPORT THE ZONING CHANGE FOR THE CITY [INAUDIBLE] OR ANY OTHER SIMILAR ESTABLISHMENT. THANK YOU. MARK [INAUDIBLE] DOESN'T WISH TO SPEAK, HE HAS THE FOLLOWING COMMENT: CEDAR DOOR IS A LANDMARK ING AUSTIN.-% I HAVE ENTERTAINED GUESTS FROM AROUND THE WORLD IN THAT ESTABLISHMENT. [INAUDIBLE] I WONDER WHY. HISTORY HAS A LOT TO DO WITH IT. THANK YOU. MARK [INAUDIBL DOES T SPEAK FROM PIZZA NIZA, IN FAVOR OF. I STRONGLY SUPPORT THE ZONING CHANGE TO HEL MY BUSINESS, 25 STAFF IN THE AREA, A RESTAURANT, BAR AND DEVELOPMENT, SINCERELY, OWNER OF PIZZA NIZZA. [INAUDIBLE] NOT WISHING TO SPEAK IN FAVOR OF. THAT'S ALL OF THE SPEAKERS THAT WE HAVE. I WILL ENTERTAIN A MOTION TO THIS ITEM. COUNCILMEMBER GRIFFITH? OR MAYOR PRO TEM?

GOODMAN: I WOULD MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE SECOND AND THIRD READINGS, IN THE 1600 BLOCK OF TOOMEY ROAD FOR CS — CS-1-CO.

GRIFFITH: SECOND.

MAYOR GARCIA: MOTION BY THE MAYOR PRO T SECONDED BY COUNCILMEMBER GRIFFITH. (TRANSMISSION PROBLEMS CAUSING TECHNICAL DIFFICULTIES WITH THE:::::11111 CAPTIONS)

GOODMAN: WHAT MS. FROST TOLD US ABOUT THE TOWN LAKE OVERLAY, 1985, AS I RECALL, THIS WAS EXACTLY THE AREA THAT WAS CONSIDERED APPROPRIATE AND — AND ENHANCEMENTS WERE PUT INTO PLACE TO HELP ENCOURAGE AND BE INCENTIVES FOR FOLKS WHO WOULD — WHO WOULD LOOK TOWARD THE APPROACHES THAT WE WERE TRYING TO ENCOURAGE IN THAT AREA AND THEY WERE TO BE PEDESTRIAN FRIENDLY, TO — TO OFFER ACCESSIBILITY OR VIEW OF THE SHORE AND ONCE YOU GOT TO THE ENTRY OF THE PARK, THEN ALL OF THAT STOPPED. AND ALL OF THE PARK WAS TO BE — WAS TO BE A LESS — LESSALIZED RECREATIONAL TYPE OF PURSUIT. THE ENTRY TO THE PARK, THOUGH, WAS PLANNED TO BE EXACTLY WHAT IT'S GROWN UP TO BE. IT REALLY WOULDN'T BE FAIR, I THINK, AND IN FACT IT WOULD BE STRANGELYBTUSE TO — STRANGELY OBTUSE TO HAVE ENCOURAGED ALL OF THE OTHER DEVELOPMENTS IN THIS VEIN ALL OF THESE YEARS AND THEN STOP NOW. THE PLACES ALONG TOWN LAKE THAT WE CONSIDER TO BE PERFECT FOR CHILDREN PLACES WERE NOT THIS PARTICULAR AREA. AND SO I'M SORRY THERE'S A CONFLICT HERE. THAT'S — MAYBE THAT'S BECAUSE FOLKS WERE NOT LOOKING AT THE TOWN LAKE MASTER PLAN AS THEY — AS THEY LOOKED FOR WHERE THEY SHOULD HAVE THEIR ENDEAVORS. IT IS A NICE PLACE, BUT THIS WAS THE PLACE WHERE IT WAS CONSIDERED THE VERY BEST USE OF THE LAND TO BE WHAT IT HAS BECOME. AND SO FOR THE CEDAR DOOR OR ANY OTHER SIMILAR PLACE — OR ANY OTHER SIMILAR PLACE, THIS IS EXACTLY WHAT IT WAS SUPPOSED TO BE LIKE, THIS IS EXACTLY THE SITE THAT THEY WERE SUPPOSED TO LOCATE IN. SO IN THAT CONTEXT, OF COURSE I COULD DO NOTHING BUT SUPPORT MS. FROST AND MR. LEMOND IN THIS ENDEAVOR.

MAYOR GARCIA: FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. SEE YOU LATER. [ LAUGHTER ]

FREE DRINKS FOR EVERYBODY. [ LAUGHTER ] ALL RIGHT.

MAYOR GARCIA: LET THE RECORD NOT REFLECT THAT. [ LAUGHTER ]

(TRANSMISSION DIFFICULTY CAUSING TECHNICAL PROBLEMS WITH CAPTIONS) [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

THIS CASE IS LOCATED AT 604 EAST 47TH STREET. THE CHANGE IS ZONING IS FROM SINGLE-FAMILY 3 TO SINGLE-FAMILY 3 MIXED OVERLAY. THE CHANGE IS RECOMMENDED BY THE HISTORIC LANDMARK COMMISSION AND THE ZONING AND PLATTING COMMISSION AND THIS CASE IS READY FOR ALL THREE READINGS.

MAYOR GARCIA: IS THAT — I DON'T HAVE ANYBODY SIGNED UP TO SPEAK. I HAVE SOME SPEAKERS ON IT.

THEY'RE PROBABLY IN FAVOR OF IT.

MAYOR GARCIA: BARBARA STRICKLAND DOES NOT WISH TO SPEAK AND JAMES STRICKLAND DOES NOT WISH TO SPEAK.

WE'LL LEAVE IT ON THE CONSENT FOR ALL THREE?

MAYOR GARCIA: YES.

CASE Z-4, THE APPLICANT HAS... HAS — .

THAT'S Z-20.

MAYOR GARCIA: POSTPONED UNTIL WHEN?

JULY THE 11TH. WE WILL DISCUSS Z-21.

.

MAYOR GARCIA: Z-21 I HAVE SEVERAL SPEAKERS.

AND ITEMS 80 AND 81 WE WOULD LIKE POSTPONED TO JULY THE 18TH. AND THAT CONCLUDES THE CONSENT ITEMS.

MAYOR GARCIA: LET ME READ THE CONSENT AGENDA AGAIN. MR. AIRE AND MR. ROTH, YOU CAN SPEAK ON THE CONSENT AGENDA. Z-1 IS CONSENT FOR FIRST READING?

YES, CONSENT FOR FIRST READING.

MAYOR GARCIA: OKAY. Z-2 IS CONSENT FOR FIRST READING.

WITH A POSTPONEMENT — .

MAYOR GARCIA: FOR JULY 11TH?

YES, SIR.

MAYOR GARCIA: Z-3 IS CONSENT FOR ALL THREE. AND STARTING AT Z-4, CONSENT FOR POSTPONEMENT ALL THE WAY THROUGH Z-18?

THAT'S CORRECT.

MAYOR GARCIA: AND Z-19 IS CONSENT FOR THREE READINGS?

YES.

MAYOR GARCIA: AND Z-20 IS POSTPONED UNTIL JULY THE 11TH?

YES.

MAYOR GARCIA: Z-21 IS A DISCUSSION ITEM.

CORRECT. AND THEN 80 AND 81 — .

MAYOR GARCIA: 80 AND 81 ARE POSTPONED UNTIL JULY 18TH. I'LL ENTERTAIN A MOTION ON THE CONSENT AGENDA. MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER SLUSHER. MR. AIRE? YOU HAVE THREE MINUTES TO ADDRESS THE COUNCIL. AND MR. ROTH AFTER THAT.

MY NAME IS MICHAEL AIRE. I REPRESENT THE DAVENPORT RANCH MASTER PLAN ASSOCIATION, WHICH REPRESENTS 12 NEIGHBORHOOD ASSOCIATIONS THAT COMPRISE DAF ENPORT RANCH. THESE ASSOCIATIONS COMPLETELY SURROUND THE PROPERTY OF DARCH PORT RIM. AND WE WOULD LIKE TO REGISTER OUR SUPPORT FOR THE RECOMMENDATIONS OF THE PLANNING COMMISSION REGARDING THIS PROPERTY, WITH PARTICULAR EMPHASIS ON THE REQUIREMENTS OF THE DEVELOPER INSTALL SIDEWALKS ON BOTH SIDES OF CANNON ARROW DRIVE AND THE EAST SIDE OF WAY MAKER WAY AND THE REQUIREMENT THAT THE DEVELOPER POST A BOND SUFFICIENT TO COVER THE COST OF ALL THE REQUIREMENTS PROPOSED BY THE PLANNING COMMISSION, ESPECIALLY THE COST OF THE SIDEWALKS. THIS IS NECESSARY TO MESH WITH THE EXISTING SIDEWALKS AND THE PLANNED SIDEWALKS THAT ARE IN THE SURROUNDING STREETS. AND THAT'S ALL I HAVE TO SAY.

MAYOR GARCIA: THANK YOU. JAMES ROTH. WELCOME. SIR.

MY NAME IS JAMES ROTH. I'M A HOMEOWNER IN DAVENPORT RIM. AS A HOMEOWNER, I'VE BEEN WAITING FOR THIS FOR OVER A YEAR AND I WOULD LIKE TO REQUEST THAT THE COUNCIL MOVE QUICKLY TO RESOLVE THIS MATTER, ESPECIALLY ON THE EXISTING HOMES HAVE VEGETATIVE BUFFERS. IT IS LOCATED ON A CLIFF 80 FEET ABOVE 360 AND IT IS COMPLETELY INVISIBLE FROM THE ROAD. THE VEGETATIVE BUFFER IS THE ONLY PORS OF THIS AMENDMENT THAT DIRECTLY IMPACTS THE HOMEOWNERS AND HAS ZERO IMPACT ON THE BUILDER. PLEASE FIND A WAY TO ACCELERATE THIS PROCESS. ALL I WOULD LIKE IT A FENCED YARD FOR MY DOG. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. ROTH. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON ALL THESE ITEMS AND THE CONSENT AGENDA. AND I GUESS THAT WAS A MOTION BY COUNCILMEMBER WYNN, RIGHT? IT INCLUDES BOTH THINGS SECONDED BY COUNCILMEMBER SLUSHER.o FURTHER QUESTIONS? IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES. THAT LEAVES Z-21. 28, 29, 30 AND 31. MAYOR, WOULD BE OKAY WITH YOU IF WE DO 29 AND THEN 30 1 SOME E E E E AVE SEVERAL STAFF MEMBERS WHO WE CAN SEND HOME. AND CITIZENS THAT HAVE BEEN WAITING FOR A WHILE.

MAYOR GARC TALKING ABOUT WHICH ITEMS,

THOMAS: MAYOR? IF YOU DON'T MIND, THEN WE CAN DO 21. THESELEMEN ARE HERE AND NEED TO TRAVEL BACK TO SAN ANTONIO.

Z-21.

MAYOR GARCIA: YEAH. THEN THEY CAN GO BACK TO SAN ANTONIO.

ITEM Z-21 IS CASE C-14-02-33, IT IS A REQUEST TO MAKE IT CS. IT IS ONE THAT WE ANNEXED AFTER THE AREA WAS BUILT AND IT HAS SINCE THEN HAD AN CS-1 ZONING OVER THE PAST SEVERAL YEARS. AND I WILL PROBABLY JUST MOVE OVER TO THE MAP JUST TO GIVE YOU AN IDEA OF WHERE THE CS ZONING IT, HENCE THE RECOMMENDATION FROM ZONING AND PLATTING COMMISSION AND STAFF TO DENY THE PROPOSED ZONING. THE RENDERING I HAVE IN FRONT OF YOU IS THE LAYOUT OF THE SPECIFIC SHOPPING CENTER. THE ITEMS SHADED IN RED REPRESENT CS-1 ZONING. THERE IS A DISCOUNTKKRE OVER HERE THAT HAS CS-1 ZONING, WHICH PROHIBITS ALL CS-1 USES EXCEPT FOR THE SALE OF ALCOHOLIC BEVERAGES AND THEN ALLOWS ALL RETAIL USES. IT'S ARE WHERE YOU CAN BUY BEER AND WINE AND OTHER RETAIL ITEMS. SO THE CS-1 ZONING IS LIMITED TO ONE USE. THERE IS A LIQUOR STORE NEXT DOOR WHICH ISooooooONED CS-1. THERE IS A BAR THAT OCCUPIES TWO SPACES THAT IS ZONED CS-1, WHICH REQUIRED A CONDITIONAL USE PERMIT. IT WAS NOT FILED UNTIL RECENTLY. THE CCCCCCCCCCCCCCC C CL YEARS AGOREQUIRED T DID FIND OUT THAT THE$$$$TY CO CONDITION USE PERMIT FILED WITHIN A YEAR AFTER THE ZONING WAS APPROVED, THAT DID NOCCUR, I. RECENTLY FILED ONE TO CONFORM THAT COVENANT SO THAT THE ROLLBACK WOULD NOT BE PROCESSED. TH THE CURRENT REQUEST IS THE AREA WE HAVE SHADED HERE. THE ORIGINAL REQUEST COVERED THIS TRACT AND THE BINGO PARLOR, BUT RECENTLY THE APPLIC(E(E(E(E(EEAMENDED THE APPLICATION TO REDUCE THE AREA TO BE REZONED CS-1 AND HAS LIMITED IT TO THE AREA THAT IS CALLED OUT AS A RESTAURANT. SO AS YOU CANN, THE CONCERN ABOUT THE ABUNDNCE OF ALCOHOL-RELATED ASPECTS IN NNNNNLITY IS ONE THAT BOTH THE ZONING AND PLATTING COMMISSION AND STAFF FELT THAT IT WAS AN OVERABUNDANCE AND THE RESIDENTS IN THE AREA WILL SPEAK TO THAT TOO. THAT CONCLUDES MY PRESENTATION.

MAYOR GARCIA: THANK YOU. QUESTIONS FOR MS. GLASCO? WE HAVE FIVE SPEAKERS ON THIS ONE. MR. JJ JACKSON. AND FOLLOWING HIM, MR. LEE, MICHAEL LEE. WELCOME. YOU'RE THE APPLICANT? OKAY. YOU GO FIRST. THEN YOU WILL HAVE TIME FOR REBUTTAL.

OKAY........ FIRST OF ALL, I JUST WANT TO PRESENT THE CASE. I WILL PRESENT THE FACTS AND THEN HAVE THE REBUTTAL. TAKING A LOOK AT THE MAP THAT YOU HAVE THERE IN THE READ IT, I WAS THE ORIGINAL APPLICANT FOR ALL THE CS ZONING, WITH THE EXCEPTION OF WHAT IS NOW THE DISCOUNT STORE. THE LIQUOR STORE AND THE OTHER PART DOWN THERE, IF YOU LISTEN TO THE STAFF, IT WOULD INDICATE THAT THOSE PLACES THAT HAVE CHANGED USE ARE IN USE. THOSE WERE UNFINISHED LOCATIONS IN WHICH WE WERE TRYING TO LOCATE A JAZZ BAR WHEN WE STARTED THIS BACK IN 1993. WHEN WE DID THAT ZONING ON THOSE LOCATIONS BACK IN 1993, I DIDN'T NEED THESE GLASSES, JACKIE GOODMAN WORE A IF ANY PACK AND GUS USED TO PART HIS HAIR FROM THE RIGHT TO THE LEFT. SO IT'S BEEN QUITE AWHILE SINCE THAT'S BEEN OUT THERE. THAT CENTER HAS BEEN THERE SINCE THE LATE '70'S. NO USE HAS BEEN IN THOSE LOCATIONS THAT YOU SEE IN THE DARK RED, EVEN THOUGH IT WAS ZONED. ONE OF THE REASONS IS THAT WHEN WE GOT THE ZONING COMPLETED AND WE WERE PROPOSING GOING IN AND FILING FOR THE CONDITIONAL USE PERMIT, I CAME DOWN WITH CANCER AND HAD EIGHT INCHES OF MY COLON REMOVED. AND WE WENT BACK AND GOT A BUILDING PERMIT, BUT AT THE TIME WE WERE ISSUED THE BUILDING PERMIT, WE WERE ALSO GIVEN A SITE PLAN EXEMPTION, WHICH MEANS WE DIDN'T NEED TOAAAAGET A CONDITIONAL USE PERMIT, OR SO I THOUGHT. SO WHEN WE COME BACK TO GET THE OTHER PLACE ZONED, WHICH IS THE CAFE, WHICH IS WHAT WE'RE TALKING ABOUT RIGHT NOW, WE WERE TOLD AN INVESTIGATION HAD BEEN DONE THAT SOMEONE WAS OPERATING A NIGHTCLUB WITHOUT PROPER ZONING OR WHATEVER. AS IT TURNS OUT, IT WAS ANOTHER LOCATION THAT BROUGHT ATTENTION TO THE SPOT WE'RE TALKING ABOUT OVER HERE THAT DIDN'T HAVE THE CONDITIONAL USE PERMIT, BUT THAT'S ANOTHER CASE THAT'S COMING UP LATER ON ABOUT THE CONDITIONAL USE PERMIT. WHAT WE'RE TRYING TO DO IS ZONE THE CAFE, WHICH HAS BEEN THERE FOR EIGHT YEARS. THEY OPERATE UNDER WHAT YOU CALL THE 51% RULE, WHICH MEANS 51% OF THE SALES HAVE TO BE FOOD, OKAY? WHEN WE FIRST CAME HERE, THE ONLY SUPPORT WE HAD FOR THE ZONING WAS CITY STAFF'S. WE'RE COMING BACK NOW AND ALL THE OPPOSITION WE HAVE IS CITY STAFF. SO I DON'T KNOW WHAT'S CHANGED IN THAT TIME BECAU BUILDING HASN'T BEEN OCCUPIED. WE NEVER OPENED UP, NEVER BUILT OUT. THAT PLACE HAS NEVER BEEN OCCUPIED BECAUSE THE OWNER OF THE PROPERTY HAS NEVER BEEN ABLE TO RENT IT. BUT GETTING BACK TO THE CS-1 ZONING AND WHERE SHE'S SAYING THERE'S TOO MUCH CS-IS. THE CS-IS IS WHAT USED TO BE THE ECKERD'S DRUG STORE ISN'T REALLY WOULD BE CS-1. THE LIQUOR STORE W A THAT WEEEEUT IMIMIMIMIMIMIMIMkkkkk UNDER THAT AGREEMENT WE MADE WITH THE CONDITIONAL OVERLAY. AND THEN THE OTHER PART IS WHAT WE'RE TRYING TO GET BUILT OUT NOW AND GET THE OTHER PART ON THE CAFE ZONED ON CS-IS. THE REASON FOR THE CS-1 ZONING, LIKE I WAS SAYING, IS WE CAN'T COMPETE OR THE RESTAURANT THERE CAN'T COMPETE REQUEST WHAT'S HAPPENING IN THAT AREA. WHAT THE CITY S DIDN'T PRESENT IS THAT IF APPROVED, CS-1 AND LIKE ZONING FOR OTHER RESTAURANTS THAT ARE NOW OPENING IN THE AREA, SO WE'RE SAYING IN ORDER FOR US TO COMPETE, WE'RE GOING TO HAVE TO BECOME A COCKTAIL LOUNGE AS OPPOSED TO JUST A RESTAURANT, BECAUSE YOU HAVE ANTONIO'S RESTAURANT JUST OPENED UP, APPLUST OPENEDRRRRRBBBBB WE'VE ALWAYS HAD JACK IN THE BOX IN FRONT OF THAT THERE. YOU HAVE SUBWAY SANDW!!!!ppWHICH IS NEXT TO THE LIQUOR STORE DOWN THERE. ALL OF THOSE ARE FOOD ESTABLISHMENTS AND THEY'RE KILLING THE OWNER OF THE RESTAURANT DOWN THERE. HE'T'T'T'T GENERATE ENOUGH FUNDS. WE PAY OVER $58,000 DOLLARS OF PROPERTY TAXES, THE OWNER DOES. LIQUOR AND SALES INCLUDE SALE TAXES, ALMOST DO YOU BELIEVE THAT FROM THE CAFE. AND WHEN ALL IS SAID AND DONE, CAN BARELY PAY RENT WITH THAT. I'M TRYING TO KEEP UP WITH THE 51% SALES. AND SO WHAT HE'S GOING TO HAVE TO DO IS GO TO LIQUOR SALES WITHOUT THE RESTRICTION AND FACING CLOSURE BECAUSE HE CAN'T MEET, YOU KNOW, THE FOOD REQUIREMENT. AND HE CAN'T MEET THE FOOD REQUIREMENT YOU'VE GOT ALL@ APPROVALS BRINGING INuh RESTAURANTS, YOU KNOW, GIVING UP AND AND THEN YOU SAY ON THE OTHER HAND, YOU CAN'T SELL LIQUOR TO ECAUSEOT GOING TO GRANT YOU THE CS-1 ZONING. SO WE'RE BETWEEN A ROCK AND A HARD PLACE, AND THAT HARD PLACE IS EITHER WE GET CS-1 ZONING OR THEY HAVE TO CLOSE. [BUZZER].

MAYOR GARCIA: THANK YOU. MICHAEL LEE. YOU WILL HAVE THREE MINUTES OF REBUTTAL AFTER ALL THE SPEAKERS HAVE SPOKEN. FOLLOWING MR. LEE IS MR. LEFTER JOHNSON. LESTER, JOHNSON. WELCOME, SIR.

MAYOR, MEMBERS OF COUNCIL, MY NAME IS MICHAEL LEE. I'M THE ZONING COMMITTEE CHAIRMAN FOR THE NORTHEAST WALLER CREEK NEIGHBORHOOD ASSOCIATION. OUR ASSOCIATION BOUNDARIES INCLUDE THIS SHOPPING CENTER AND WE ARE THE NEIGHBORHOOD IMMEDIATELY ADJACENT TO IT. WE ARE, OF COURSE, OPPOSED TO THIS. WE HAVE BEEN OPPOSEDEDEDEDED THE PROLIFERATION OF CS-IS ZONING AND ALCOHOL SALES AND WHAT WE LOOK AT AS A SMALL NEIGHBORHOOD SHOPPING CENTER,qqqqqq WHICqqqqq WOULD LIKE TO @@@@@@@ THERE'S A SUBWAY SHOP, THE DRY CLEANERS, THE JACK IN THE BOX, THE PAINT STORE, FORMERLY AN INSURANCE AGENENENENENENTHOSE ARE THE KIND OF USES WE% WOULD LIKE TO SEE IN A LOCATION LIKE THIS. NOW, OF THE OTHERRTHREE CORNERS OF THE BRAKER LANE, I-35 INTERSECTION, WHICH%%%-% TH AYARDS OFF THENTNTNTNT BUT THE OTHER CONTAIN A NEIGHBORHOOD ORIENTEDDDDDPPING CENTER. DON'T FEEL LIKE WE NEED TOURN THAAI ONE22%%%-%S IN ONE AREA, ONE SMALL AREA, A PREDOMINANCE OF THOSE ALCOHOLIC USES. A LIQUOR STORE HAS BEEN THERE FOR WHITE QUITE AWHILE. I JUST DON'T FEEL LIKE WE NEED THAT MANY BARS AND NIGHTCLUBS IN A SMALL NEIGHBORHOOD ORIENTED SHOPPING CENTER. I WOULD ALSO LIKE TO SAY THAT THE CITY ACTING ON A ZONING COMPLAINT FOUND THIS ESTABLISHMENT, TROPICAL HEAT,, WHICH STARTED OFF AS A RESTAURANT SOME YEARS AGO, IS NOW CURRENTLY OPERATING AS A BAR OR A NIGHTCLUB, CALL IT WHAT YOU WANT. THEIR SALES ARE MORE THAN 51% FROM THE SALE OF ALCOHOL. I HAVE BEEN DOWN TO THE TABC. I'VE EXAMINED SOME RECORDS DOWN THERE. I HAVE SEEN A LETTER SENT BY THE STATE COMPTROLLER LAST SUMMER TO TABC STATING THAT AN AUDIT OF THE RECEIPTS FOR THE TROPICAL HEAT FOR THE YEAR PRECEDING THE DATE OF THE LETTER INDICATED THAT THEY HAD BEEN DURING THAT PERIOD OF TIME FOR THE YEAR PRECEDING THE LETTER SELLINGhhhh MORE ALCOHOL THAN FOOD AND THEY HAD NOTIFIED THE TABC OF THAT. SO THE FACT OF THE MATTER IS THAT FOR A YEAR OR TWO AT LEAST THE TROPICAL HEAT HAS BEEN OPERATING IN GR ZONING NOT AS A RESTAURANT, BUT AS AN ESTABLISH THE T DERIVES THEa@@@@@@JORITY OF ITS FROM THE SALE OF ALC I PERSONALLY BELIEVE THAT'S THEY HAVErrrrrrr ZONING CASE BECAUSE THEeeeee CITY ZING INSPECTION DEPARTMENT HAS TOLD THEM THAT THEY'RE IN VAND THAT THEY NEED TO COME IN COMPLIANCE WITH THE EXISTING ZONING SOMEHOW. I BELIEVE THAT THEY HAVE SHOWN TO AT THIS TIME APPLY FOR THE ZONING TO COME INTO COMPLIANCE.T THINK THAT'S A VERY GOOD REASONO ADD ANOTHER BAR TO A SHOPPING CENTER THAT ALREADY HAS THREE LOCATIONS ZONED FOR ALCOHOLIC SALES. IF THEY CAN'T OPERATE AS A RESTAURANT, I FEEL SORRY FOR THEM, I GUESS, BUT I THINK THAT GIVES THEM A RIGHT TO EVOLVE INTO A BAR AND THEN ASK THE CITY TO APPROVE THE ZONING. I THINK THERE'S PLENTY OF ALCOHOL FOR SALE THERE ALREADY. WE DON'T NEED ANY MORE OF IT AND I JUST DON'T SEE ANY REASON AT ALL WHY THE STAFF RECOMMENDATION AND THE PLANNING COMMISSION RECOMMENDATION SHOULDN'T STAND. THANK YOU.

MAYOR GARCIA: THANK YOU, SIR. LESTER JOHNSON? FOLLOWING MR. JOHNSON IS MR. WAYNE TOBIAS. WELCOME, SIR.

THANK YOU. MAYOR AND COUNCILMEMBERS, CITY MANAGER, THANK YOU FOR ALLOWING ME TO SPEAK BEFORE YOU. I AM PRESIDENT OF THE NORTHEAST WALNUT CREEK NEIGHBORHOOD ASSOCIATION, WHICH ABOUT TWO WEEKS NOW. I LOOK FORWARD TO MEETING WITH EACH OF YOU IN THE NEAR FUTURE. THE SUBJECT TRACT IS WITHIN THE BOUNDARIES OF THE NORTHEAST WALLER CREEK NEIGHBORHOOD ASSOCIATION, AND WE DO CONSIDER THIS TO BE A NEIGHBORHOOD SHOPPING CENTER, BUT IT IS TURNING INTO SOMETHING OTHER THAN A NEIGHBORHOOD SHOPPING CENTER. WE DO HAVE A SUBWAYERE, WE HAVE A CLEANE@@@@@, WE HAVEYYYY PAINT SPOTEEccccccc THERE@CCCCC @cccc I I I I I AGENCY, W REPLACED BY A GAME ROOM FOR ADULTS. IN 1995 THE ASSOCIATION DID OPPOSE THAT REZONING AT THAT TIME AND WE ARE OPPOSED TO THE REZONING OF THE TRACT NOW AND F FEEL LIKE THERE'S ENOUGH CS-1 ZONING IN THE SHOPPING CENTER NOW. IN ADDITION TO THIS, THERE IS A DAY CARE CENTER HAS DIRECTLY ACROSS BRAKER LANE FROM THIS SUBJECT TRACT. THERE IS AN ELEMENTARY SCHOOL THAT IS ABOUT TWO-10TH OF A MILE DOWN BRAKER LANE FROM HERE. THERE'S APARTMENT PROJECTS BEHIND THIS SHOPPING CENTER WITH CHILDREN HEADED TO HO CENTER. ADJOINING THE SHOPPING CENTER ON WESTWOOD DRIVE, AND FOR THESE REASONS WE FEEL LIKE THIS IS NOT AN APPROPRIATE ZONING FOR ANOTHER CS-1 ZONING HERE. IT IS THE REQUEST THAT YOU GO ALONG WITH THE STAFF RECOMMENDATION TO DENY ZONING ON THIS FOR CS-1 AND THE UNANIMOUS VOTE OF THAT COMMITTEE TO DENY CHANGE TO THE CS-IS ZONING. THANK YOU.

MAYOR GARCIA: THANK YOU. WAYNE TOBIAS?

I'M PRESIDENT OF THE WALNUT CREEK NEIGHBORHOOD ASSOCIATION. AND ON BEHALF OF THE NEIGHBORHOOD I WOULD LIKE TO SAY THANK YOU FOR ALL YOUR WORK YOU'VE DONE FOR US TO GET US ANNEXED INTO THE CITY IN THE LAST YEAR. YOU HEARD EVERYTHING I WAS GOING TO SAY. I DO SEE A LITTLE BIT OF DEGRADATION IN THAT PORTION OF THE SHOPPING STRCHLT I PRESENT THAT HOING CENTER AT ONE END WE HAV STORE AND THEN THE IS THE SUBWAY. I GO THERE A AND I HAVE USED THE PAINT STORE SEVERAL TIMES. BUT FOR SOME REASON I FIND MYSELF STAYING AWAY FROM THAT OTHER END OF THE SHOPPING CENTER BECAUSE OF THE CLIENTELE. I DON'T FREQUENT THE BARS MYSELF. I WOULD LOVE TO SEE A JAZZ BAR GO IN THERE BECAUSE RIGHT NOW I HAVE TO GO DOWNTOWN, BUT I'M AFRAID NOT WITH A CS-1 ALCOHOL PERMIT. ONE OF THE OTHER ISSUES THAT DIDN'T GET BROUGHT UP HERE, DIRECTLY ACROSS THE STREET IS GRANDFATHERED IN — I THINK IT'S CALLED PARAGON. AND I THINK IT'S ONE MORE ITEM TO GET THE DEGRADATION OF THIS AREA IF WE ALLOW ONE MORE ALCOHOL, ADULT RELATED TYPE BUSINESS TO GO INTO THE AREA. SO I CONCUR WITH STAFF'S RECOMMENDATION THAT YOU DENY THE ZONING. THANK YOU.

MAYOR GARCIA: THANK YOU. [INAUDIBLE]. HE'S REGISTERED AGAINST. THAT'S ALL THE SPEAKERS WE HAVE ON THIS ONE, COUNCIL, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER GRIFFITH. SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IF FAVOR OF THE MOTION, PLEASE INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. THE MOTION CARRIES, THE PUBLIC HEARING IS CLOSED. OH, SORRY ABOUT THAT. I'LL TAKE A MOTION TO RECONSIDER THAT LAST VOTE BECAUSE WE HAVE TO HAVE THE REBUTTAL. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. THE PUBLIC HEARING IS REOPENED. JACK, — MR. JACK, YOU HAVE pTHREE MINUTES FOR REBUTTAL.

WELL, WE FACED THE SAME SPEAKERS THAT YOU HEARD COME UP HERE. THE ONLY THING THAT CHANGES IS THE CONCEPTION THAT THEY WERE TRYING TO GIVE YOU THAT THIS IS A RESIDENTIAL, YOU KNOW, NEIGHBORHOOD TYPE AREA. THAT IS NOT THE CASE. THE STORE THAT WAS ON THE END WAS AN ALBERTSON'S GROCERY STORE. AND WE ADDRESED THE ISSUE OF PEOPLE HAVING TO GO BY THESE BARS, WALK THROUGH THAT LOT, THOSE WERE A CONCERN TO US TOO. THAT'S WHAT THE CONDITIONAL OVERLAY ACTUALLY ADDRESSES, PROTECTION OR WHATEVER, INTEGRITY OF THE CENTER. THAT ALBERTSON'S@@@@@@ STORE CLOSED BECAUSE THERE'S NO SUPPORT FROM THE NEIGHBORHOOD. THAT ELEMENTARY SCHOOL IS MORE THAN A MILE AND AaaaaaF AWA FROM WHERE THE LOCATION IS. THE NURSERY SCHOOL IS MORE THAN 300 FEET FROM THE LOCATION WE'RE ZONING, AND IT SITS RIGHT NEXTR TO AENIENCE STORE, WHICH ALSO SELLS ALCOHOL. THSIDERATION IS COMPLETELY NEGATED@ WHEN THIS FIRST GAME THROUGH. — CAME THROUGH. THERE IS NOTHING ELSE IN THAT AREA. THERE IS A WILDLIFE OR A TREE@ BUFFER WHERE IT SAYSSS SF-2 IS. THAT IS UNDEV LAND, TREES EIGHT TO 10 FEET TALL IN THERE. THERE'S NOTHING OUT THERE EXCEPT THE CENTER YOU SEE RIGHT THERE, THE HARLEY DAVIDSON, SOON TO BE A HONDA FUN CENTER THERE. THE LINGERIE STORE IS ACTUALLY A RESTAURANT NOW. I DON'T KNOW WHEN THE LAST TIME THESE PEOPLE HAVE BEEN THERE, BUT THE GUY BACK THERE — I'M GLAD TO HEAR YOU'RE PATRONIZING THE LIQUOR STORE OR DID YOU SAY SUBWAY — .

MAYOR GARCIA: JERRY, DON'T TALK TO THEM.

NOTHING HAS CHANGED EXCEPTFOR THE FACT THAT THE LARGE GROCERY STORE CLOSED. AND THE REASON THEY CLOSED AND RELOCATED IS THAT THIS IS NO LONGER A RESIDENTIALLY SUPPORTED AREA. AND THAT'S WHY WE FEEL IT WOULD BE AN IDEAL LOCATION FOR A JAZZ BAR AND FOR THEM TO CHANGE FROM THAT. THAT'S WHY THEY'RE HAVING TROUBLE SELLING FOOD. THERE'S NO SUPPORT FROM THE NEIGHBORHOOD. THEY HAVE 65 CUSTOMERS ANDONS THAT HAVE BEEN THERE FOR THE PAST EIGHT YEARS, STILL COMING THERE, AND THAT'S BASICALLY WHAT THEIRUE IS GENERATED FROM.0000 QUESTIONS?

MAYOR GARCIA: QUESTIONS FSON? THANK YOU VERY MUCH.====NOW I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES. THE RECOMMENDATION FROM THE ZONING AND PLATTING COMMISSION IS TO DENY@A FURTHER QUESTIONS OF MS. GLASCO? I HEARD THIS CASE A FEW YEARS AGO, SO I DON'T HAVE ANY MORE QUESTIONS.

YOU HAVE A GOOD MEMORY. YOU HAVE A GOOD MEMORY.

MAYOR GARCIA: QUESTIONS ANYBODY? MOTIONS ANYBODY?

SLUSHER: MAYOR, I MOVE THE STAFF RECOMMENDATION.

WYNN: SECOND.

MAYOR GARCIA: WHICH IS?

SLUSHER: TO DENY.

MAYOR GARCIA: THAT'S THE ZONING AND PLATTING COMMISSION RECOMMENDATION.

SLUSHER: I THINK IT'S THE STAFF RECOMMENDATION TOO.

IT'S FROM BOTH.

MAYOR GARCIA: THERE'S A MOTION AND A SECOND. DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

A A A A A A

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES. THAT PASSES BY A VOTE OF SEVEN TO ZERO. AND COUNCILMEMBER THOMAS, HOW DID YOU VOTE?

THOMAS: I'M GETTING CONFUSED. MR. JACKSON SAID IT'S NOT A RESIDENTIAL, BUT THERE'S AN APARTMENT BEHIND THE LOCATION. AND ON BRAKER GOING BACK EAST ON BRAKER THERE'S RESIDENTS ALL THE WAY IN THAT AREA. YES, IF YOU DON'T MIND, MAYOR.

THAT'S PART OF THE MISCONCEPTION. YOU HAVE BRAKER LANE TO THE SOUTH, WHICH IS THE FRONT PART OUT THERE. I-35 WILL BE TO THE WEST, AND THAT'S WHERE THE HARLEY DAVIDSON IS. TO THE EAST, ALL OF THAT'S UNDEVELOPED FOR ABOUT THREE MILES BEFORE YOU COME TO THE RESIDENTIAL AREA. IT'S PROPOSED ONLY. THE ZONING THAT'S THERE IS FOR RESIDENCE, BUT IT'S BEEN THERE FOR 30 YEARS. AND THERE'S NO PROPOSED RESIDENTIAL BUILDING OR ANYTHING THAT'S GONE ON SINCE THEN. EVEN WHEN WE APPLIED FOR THE CONDITIONAL USE PERMIT, ONE OF THE THINGS THEY SAID THAT THEY WOULD GO IN SUPPORT IS IF WE BUILT THE PRIVACY FENCE. BUT EVEN IF WE BUILT IT BACK IN 1993, IT WOULD HAVE PROBABLY FALLEN DOWN AND ROTTED BEFORE THEY STARTED BUILDING ANYTHING THERE IT'S BEEN LIKE THAT, LIKE I SAID, SINCE THE '70'S. SO THERE IS NO RESIDENTIAL TO THE EAST OF THAT. IF YOU LOOK AT IT, IT SAYS SF-2 ZONING, BUT — AND THEN THE APARTMENT COMPLEX IN THE BACK, WHICH IS WHERE I USED TO STAY, IS IN TOTAL SUPPORT OF US, AND THEY STILL ARE, BECAUSE IT'S A BOOM TO THEM AND THE RESIDENTS AND THEM DRAWING RESIDENTS THERE. SO THEY'VE ALWAYS BEEN SUPPORTIVE OF WHAT'S GOING IN TTTT

THOMAS: LET ME ASK STAFF SOME QUESTIONS. I'M VERY FAMILIAR WITH THE AREA, AND I — THAT'S RIGHT AT BRAKER AND 35.

BRAKER AND 35. IF YOU'RE GOING NORTH ON 35, IT'S RIGHT ON BRAKER.

THOMAS: BUT ON EAST OF THAT YOU HAVE THE JACK IN THE BOX, WHICH IS WHERE THE APARTMENT COMPLEX IS BEHIND IT. AND YOU HAVE RESIDENCES ALL THE WAY UP TO CAMERON ROAD.

RIGHT.

THOMAS: OKAY. THANK YOU.

MAYOR GARCIA: OKAY. DID WE APPROVE IT, MS. GLASCO?

YES, MAYOR.

MAYOR GARCIA: THANK YOU, VERY MUCH.

LETD JUST A SECOND,MMMMMI THOUGHT WE HAD CLARIFICATION THAT WE NEEDED TO MAKE. SO IS THERE A DISPUTE OVER THE DISTANCE? GREG, WHAT WE JUST TALKED ABOUT, CAN YOU STEP UP?

IN YOUR BACKUP MATERIAL THAT'S AN AERIAL PHOTO THAT FOLLOWS THE STAFF MAP. IT'S A BLACK AND WHITE AERIAL PHOTO. AND FROM THE AERIAL PHOTO YOU CAN SEE THAT THERE ARE SINGLE-FAMILY HOMES PROBABLY — WELL, CERTAINLY LESS THAN THREE MILES AND PROBABLY WITHIN A MILE, MAYBE EVEN A HALF A MILE TO THIS THAT OFF OF — I THINK IT'S CALLED ASH COVE AND WALNUT RIDGE DRIVE ON THE AERIAL PHOTO. AND HERE'S 35. AT THIS LOCATION YOU HAVE THE SHOPPING CENTER. THERE IS AN AREA THAT'S UNDEVELOPED, BUT THESE ARE ALL RESIDENCES RIGHT HERE.

OKAY. THAT WAS ALL. I JUST WANTED TO BE SURE. WE HAD A LOT OF HEAD SHAKING IN THE ROOM AND I JUST WANTED US TO GET A CLARIFIER. AND ALSO — .

AND ALSO THE APARTMENTS ARE NOT CONSIDERED RESIDENTIAL TOO TO THE BACK.

SLUSHER: MAYOR? AND ALSO I'M LOOKING — IF I'M LOOKING AT THIS CORRECTLY, THERE'S THE SUBJECT TRACT AND THEN THERE'S SINGLE-FAMILY. MS. GLASCO, THERE'S THE SUBJECT TRACT AND THEN HEADING EAST THERE'S SINGLE-FAMILY THERE AND THEN THERE'S DEVELOPMENT RESERVE, RIGHT? AND THEN MORE SINGLE-FAMILY.

ARE YOU LOOKING AT THE ZONING MAP OR THE AERIAL?

SLUSHER: I'M LOOKING AT THE ZONING MAP NOW.

GOING EAST YOU HAVE SF-2 AFTER THE SUBJECT TRACT. THAT IS UNDEVELOPED. IT IS ZONED — IT'S ZONED AND PLATTED, BUT NOT DEVELOPED. AND THEN YOUR DEVELOPMENT, YOUR SINGLE-FAMILY PICKS UP — THE THE AERIAL THAT I HAVE IN FRONT OF ME — .

SLUSHER: BUT MY POINT WAS GOING TO BE THAT THE DR, WHICH IS DEVELOPMENT RESERVE, RIGHT, SINCE THAT'S IN BETWEEN TWO SINGLE-FAMILY TRACTS, THAT WOULD LIKELY END UP BEING SINGLE-FAMILY.

DR REQUIRES 10 ACRES FOR — IN OUR EXPERIENCE USUALLY THEY COME IN FOR REZONING IF THEY NEED TO BE REDEVELOPED.

SLUSHER: RIGHT. AND THAT WOULD BE LIKE — IT WOULD BE HIGHLY LIKELY THAT WOULD BE SINGLE-FAMILY AS WELL WHEN THIS — SINCE IT IS IN BETWEEN TWO SINGLE-FAMILY — OR ONE THAT'S ZONED SINGLE-FAMILY AND ONE THAT'S THERE?

CORRECT. YES, THAT WOULD BE THE MOST LIKELY, LOGICAL APPROACH.

SLUSHER: OKAY. THANK YOU, MS. GLASCO.

YOU'RE WELCOME.

MAYOR GARCIA: COUNCIL, WE HAVE 6:00 O'CLOCK PUBLIC HEARINGS COMING UP ....

MAYOR, I THINK WHEN YOU ASKED ME IF I FINISHED WITH THE ZONING, I THOUGHT YOU MEANT WAS I FINISHED WITH ITEM 21.

MAYOR GARCIA: 30 AND 31.

WE STILL HAVE 29, 30 AND 31.

MAYOR GARCIA: ALL RIGHT. WISH.

WISHFUL THINKING.

29 IS WHAT YOU ASKED FOR ABOUT FIRST READING AND WE LOOKED AT THE FLOODING AND THE ISSUES AND YOU ALL ASKED THAT WE GET A REPORT FROM WATERSHED PROTECTION REGARDING THE CREDIT UNION THAT THE CITIZENS COMPLAINED ABOUT IT FLOODING. THE REQUEST WAS TO ZONE THE PROPERTY SINGLE-FAMILY-6. IT'S LOCATED ON WEST — .

SLUSHER: MAYOR, I WILL BE OFF THE DIAS. I'M ABSTAINING. IT'S NEAR MY HOME.

AGAIN, THIS IS ITEM NUMBER 29 LOCATED ON WEST STASSNEY LANE. AND THE CHANGE IN ZONING IS FROM LR-MF-3 TO SINGLE-FAMILY 6 FOR DEVELOPMENT OF 44 DETACHED SINGLE-FAMILY HOUSES. THE COUNCIL ASKED FOR A REPORT ON FLOODING SITUATION. MY UNDERSTANDING IS THAT STAFF IS HERE TO RESPOND TO ADDITIONAL QUESTIONS FROM WATERSHED PROTECTION. MIKE HEIGHTS HAS A MEMO TO YOU ADDRESSING THE ISSUES OR QUESTIONS YOU RAISED IN YOUR BACKUP. THE — IN SUMMARY THE REPORT INDICATES THAT THE CREDIT UNION WAS APPROVED IN COMPLIANCE WITH THE CODE SEVERAL YEARS AGO. HOWEVER, THE APPLICANT FOR THE CREDIT UNION HAS RECENTLY COME IN WITH A SITE PLAN WANTING TO REVISE THE PLAN TO UPGRADE IT INTO CURRENT STANDARDS REGARDING ADDRESSING THE DIFFERENT FLOOD CONDITIONS. SO THAT WOULD HOPEFULLY RELIEF SOME OF THE — RELIEVE SOME OF THE PROBLEMS THAT ARE OCCURRING THERE. ON THE SUBJECT TRACT THE APPLICANT WOULD HAVE TO PROVIDE ON-SITE DETENTION BECAUSE OUR CURRENT OFF-SITE REGIONAL DETENTION DOES NOT HAVE AVAILABILITY. SO THAT OPTION WOULD NOT EXIST. SO HAVING SAID THAT, THERE WAS A VALID PETITION, HOWEVER WE RECEIVED A LETTER FROM TWO CITIZENS WHO WLD LIKE TO WITHDRAW THEIR NAMES AND REGISTER SUPPORT AS LONG AS THE IMPERVIOUS COVER IS I WANT LIMITED AS THE APPLICANT HAS OFFERED TO 48% AND THAT THE DEVELOPMENT WOULD BE LIMITED TO 44 UNITS. AND I'M TRYING TO FIND MY CONDITIONS HERE.

MAYO@GARCIA: APPARENTLY THERE'S AN AGREEMENT THAT WAS REACHED?

YES, WITH AT LEAST SOME OF THE PROPERTY OWNERS.YOU HAVE A COPY.

MAYOR GARCIA: IT'S ONE OF THE NEIGHBORS SAYING THAT THEY WANT TO — THAT AGREEMENT TO BE MADE PART OF THE ZONING CHANGE AND THE CONDITIONAL OVERLAY. CAN THAT BE DONE?

YES. THAT WOULD BE DESIRED. THAT HAS THREE ITEMS, A 40-FOOT....... 40-FOOT — THAT THE APPLICANT WOULD AGREE TO HAVE THE STRUCTURES LIMITED TO ONE-STORY IN HEIGHT AND SHALL BE LOCATED WITHIN@@@@@ 50 FEET OF THE NORTH PROPERTY THE IMPERVIOUS COVER WOULD BE LIMITEDR88888 48%. AND THERE WOULD BE A TOTAL OF 44 INDIVIDUALENTIAL UNITS ON THE SITE. THOSE ARE THE THREE CONDITIONS. AND WITHOUT AND THAT'S THE SUPPORT FOR THEHE SF-6 ZONING.

MAYOR GARCIA: AND ON THE THINK — I GUESS M THE WATERSHED ARE HERE AND I CAN TALK TO THEM.

YES, JOE IS HERE FROM WATERSHED PROTECTION. WE HAVE THREE AROUND HERE.

MAYOR AND COUNCIL. I'M FROM WATERSHED PROTECTION AND DEVELOPMENT REVIEW. THE DETENTION — .

MAYOR GARCIA: THE DETENTION FACILITY THAT'S GOING TO BE BUILT, WHERE IS IT GOING TO BE BUILT, THE BACK PART OF THE PROPERTY?

YES. THE DRAINAGE IN THAT LOCATION FLOWS FROM SOUTH TO NORTH, SO IT WOULD HAVE TO BE AT THE REAR OF THE PROPERTY AND AWAY FROM STASSNEY LANE.

MAYOR GARCIA: AND HOW MUCH OF — HOW MUCH OF A RAINSTORM CAN IT SUSTAIN?

IT WILL BE REQUIRED AT A MINIMUM TO RETAIN THE TWO, 10, 25 AND 100-YEAR EVENT. AND THE APPLICANT WOULD BE REQUIRED TO LOOK AT THE DOWNSTREAM CONVEYANCE FROM SOUTH TO NORTH TOWARD WILLIAMSON CREEK TO ASSURE WITH THAT DETENTION CRITERIA THERE'S NO WORSENING OF FLOODING CONDITIONS. THERE ARE A FEW HOUSES TO THE NORTH THAT WE DO HAVE REPORTS OF SOME WATER GETTING INTO DURING SOME OF THE LARGER STORM EVENTS, BUT THE DETENTION SYSTEM WOULD HAVE TO BE SIZED TO ASSURE THAT THOSE PROBLEMS ARE NOT WORSENED.

MAYOR GARCIA: AND THAT'S DONE WHERE AND ON WHAT LEVEL?

THAT WOULD BE DONE AT SUBDIVISION APPROVAL.

MAYOR GARCIA: OKAY. WE HAVE ONE@ SPEAKER WITH SOMEONE GIVING THEM TIME. DO YOU NEED THE TIME?

MAYOR, I WAS JUST GOING TO REPORT TO YOU THAT WE DID MEET WITH THE NEIGHBORHOOD ASSOCIATION, WHICH IS THE SAL LEM WALK ASSOCIATION NEIGHBORS. THEIR PRESIDENT BEINGppp ANNE TARLSON, WHO IS PRESENT IN THE AUDIENCE TONIGHT. AFTER DISCUSSION AND REVIEW OF THE CONCEPTUAL SITE PLAN, WE DID AGREE TO THE AGREEMENT WHICH YOU HAVE BEFORE YOU, WITH SOME SPECIFICATIONS, AND THAT IT BE A CONDITIONAL OVERLAY. IN OTHER WORDS, A PART OF THE ORDINANCE. AND THAT NO PORTION OF ANY STRUCTURE WITHIN 50 FEET OF THE PROPERTY LINE EXCEED ONE-STORY. AND THAT WE LIMIT IT TO 48% IMPERVIOUS COVER. AND SPECIFIC LANGUAGE THAT THE PROPERTY BE LIMITED TO 44 INDIVIDUAL RESIDENTIAL UNITS, RESTRICTED TO ONE SINGLE-FAMILY DWELLING PER LOT. AND AFTER REVIEW OF THAT AND DISCUSSION OF THE CASE, THEN THE ASSOCIATION DID ENTER INTO THAT AGREEMENT, WHICH WE'RE APPRECIATIVE OF. AND THAT IS ALL THAT I HAVE TO REPORT UNLESS YOU HAVE QUESTIONS.

MAYOR GARCIA: QUESTIONS FOR MR. BENNETT? MR. WYNN, COUNCILMEMBER WYNN? YOU PULLED THIS ITEM.

YES. FRANKLY, I PULLED IT JUST TO MAKE SURE THAT THESE ITEMS WERE PROPERLY RECORDED IN THE RECORD. AND BASED ON THAT, I MOVE APPROVAL.

MAYOR GARCIA: OKAY. MOTION BY COUNCILMEMBER WYNN TO APPROVE. WAS THAT SECOND READING ONLY?

YES,

MAYOR GARCIA: OKAY.@ WHEN IS IT COMING BACK FOR THIRD?

WE'LL BRAI IT BACK AS SOON AS WE HAVE AN ORDINANCE PREPARED.

MAYOR GARCIA: OKAY. IS THERE A SECOND? SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION?

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: CAN I ASK SOMETHING REALLY QUICK AND HE CAN NOD. IF I MISSED IT BEFORE, I'M SORRY. SINCE THE FLOODING FROM THIS AND OTHER PROPERTIES ALONG WILLIAMSON CREEK IMPACT CONSIDERABLY THESE DAYS THE CONDITION OF THE RESIDENTIAL AREA TO THE NORTH AND SINCE OUR ORDINANCE REQUIRES THAT THE RUNOFF — I'LL SIMPLIFY THE LANGUAGE — IS NO MORE AFTER DEVELOPMENT THAN IT WAS BEFORE DEVELOPMENT, HAS THERE BEEN ANYTHING INCORPORATED INTO ANY REGULATION OR ABILITY TO REGULATE THIS DEVELOPMENT THAT WOULD CAPTURE MORE THAN — .

THE WAY THE REGULATIONS ARE STRUCTURED, AT A MINIMUM THE 100-YEAR STORM EVENT WOULD HAVE TO BE RETAINED. BUT THE APPLICANT HALS OOLS HAS TO INVESTIGATE THE FLOW PATHS BETWEEN THE BOUNDARY OF THE DEVELOPMENT AND WILLIAMSON CREEK TO ASSURE THAT MEETING THESE CRITERIA THERE'S NO WORSENING OF FLOODING. AND IF IT DOESN'T PASS THAT TEST, THEN THE APPLICANT MAY HAVE TO GO TO A MORE RESTRICTIVE CRITERIA TO MAKE SURE THERE'S NO WORSENING OF THOSE CONDITIONS.

GOODMAN: THAT'S WHAT I WAS WONDERING ABOUT, NO WORSENING. BUT IS IT POSSIBLE IN ANY WAY TO GET BETTER THAN NO WORSENING, BECAUSE IT'S VERY BAD IN UNDEVELOPED STATES.

NOT THE WAY THE CODE IS CURRENTLY CONSTRUCTED. IN SOME INSTANCES ON LARGER DEVELOPMENTS AND PAST HISTORY, THE CITY MAY TAKE BACK OTHER CAPITAL IMPROVEMENTS ON SOMETHING A DEVELOPER PROPOSES, BUT AS FAR AS JUST STRAIGHT COMPLIANCE WITH THE CODE, THE APPLICANT CANNOT REQUIRED TO IMPROVE DRAINAGE CONDITIONS.

GOODMAN: AND DO YOU KNOW IF ANY DISCUSSIONS EVER TOOK PLACE TO SEE IF THE DEVELOPER WOULD BE ADVERSE TO DOING THAT, WHETHER OR NOT THEY HAD TO OR NOT?

I HAVE NOT BEEN ENGAGED IN ANY DIRECT DISCUSSIONS WITH THE DEVELOPER. MAYBE SOME OTHER STAFF MEMBERS HERE HAVE, BUT I HAVE NOT.

GOODMAN: MAYOR, THE REASON I ASKED FOR THAT IS BECAUSE THIS PARTICULAR TRACT HAS A LONG, WET HISTORY. THE LAST TIME IT CAME FORWARD FOR ANY KIND OF ZONING ISSUE, AS I RECALL — I CAN'T REMEMBER WHAT YEAR THAT WAS, BUT A LONG TIME AGO. IT WAS VERY CONTROVERSIAL. AND AT THAT TIME I THINK MAYBE SITE PLANS CAME WITH THE ZONING. AND IT WAS THE FIRST TIME THAT A NEIGHBORHOOD ASSOCIATION, IN THIS CASE TWO NEIGHBORHOOD ASSOCIATIONS, WERE ABLE TO CHALLENGE AND WIN ON A TECHNICAL ASPECT, AND IT HAD TO DO WITH THE DRAINAGE DESIGNED, THE ENGINEER DRAINAGE LITIGATION, RUNOFF RELATIVE TO THE FLOODING. AT THAT TIME EVEN MORE DIFFICULTY WAS ENCOUNTERED BY THE NEIGHBORHOOD TO THE NORTH, AND AT THAT TIME I THINK WILLIAMSON CREEK WASTEWATER TREATMENT PLANT WAS STILL ONLINE, WHICH OF COURSE WASN'T THE IDEAL CIRCUMSTANCE. SO THESE FOLKS HAD TO LIVE THROUGH AT THAT TIME BACKED UP SEWAGE I THE OVERFLOW COMING DOWN A HILL FROM THIS PARTICULAR SITE AND OTHERS CUMULATIVELLLELELELELEL%% RECENT,"""" EVEN THOUGH WE'VE SPENT A LOTO(((((TIME ON FLOODINGN OUR URBAN WATERSHEDS, HOUSES ARE BEGINNING TO FLOOD ALONG WILLIAMSON THAT NEVER HAVE FLOODED BEFORE, FURTHER TO THE WEST. WE HAD CHANNELIZED TO THE EAST, SO THOSE FOLKS ARE BETTER OFF NOW, BUT NOW FLOODING IS HAPPENING IN PLACES TO THE WEST THAT NEVER HAD TO WORRY QUITE THIS MUCH BEFORE, AND NOT EVEN IN A HUGE STORM, JUST A LARGE STORM. SO FOR THIS PARTICULAR TRACT, WHICH I PERSONALLY HAVE ALWAYS CONSIDERED VIRTUALLY UNDEVELOP......... UNDEVELOPABLE, TO NOT BE ABLE TO ACCOMMODATE MORE RUNOFF THAN THE ORDINANCE REQUIRES, IS TO EXACERBATE THE SITUATION, WHETHER OR NOT IT'S NO MORE THAN THE UNDEVELOPED STATE THAN NOT. SO FOR SECOND READING I PROBABLY WILL JUST VOTE STRAIGHT NO, BUT I'LL BE INTERESTED TO HEAR WHAT THE OWNER AND/OR DEVELOPER CANPPPP OFFER THE NEIGHBORHOOD'S VITALITY IN THAT CONTEXT. AND IF THEY DON'T FEEL COMFORTABLE MOVING THAT WAY, THEN I##### CANNOT BE SUPPORTIVE.

MAYOR GARCIA: FURTHER DISCUSSION?

MAYOR, DID YOU CLOSE THE PUBLIC HEARING?

MAYOR GARCIA: I DON'T REMEMBER.

WYNN: NO, WE HAVEN'T.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, SECONDED BY ME TO CLOSE THE PUBLIC HEARING.

WYNN: WELL, I THINK — I GUESS THE APPLICANT WAS GOING TO TRY TO RESPOND TO THE MAYOR PRO TEM'S — .

SOME OF HER CONCERNS IF YOU HAVEN'T CLOSED THE PUBLIC HEARING.

MAYOR GARCIA: WE'RE GOING TO CLOSE THE PUBLIC HEARING THEN. YOU CAN ENTER INTO A DISCUSSION. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES. NOW DISCUSSION.

GOODMAN: IF MR. BENNETT HAS ANY RESPONSES HE FEELS COMFORTABLE GIVING AT THIS TIME, I WOULD BE INTERESTED.

THANK YOU, MAYOR PRO TEM. THERE WAS A SITE PLAN THAT WAS APPROVED IN 1985 FOR 182 — I BELIEVE IT WAS 182 APARTMENT UNITS THAT MET THE CODE IN AYE, WHICH I THINK WAS THE CODE THAT MIGHT BE — '85, WHICH MIGHT BE SIMILAR TO THE DEVELOPMENT TO THE WEST. WE DID TALK ABOUT THE DRAINAGE AND HOW THE ORDINANCE WOULD REQUIRE US TO DEVELOP THE SENEERINGWISE ONCE WE GOT TO THE SITE PLAN4 STAGE. I DON'T BELIEVELLLL ACTUALLY GOT IQ222222 DISCUSSIONS ABOUT WHAT! HAPPEN BEYOND WHATANCE REQUIRES BECAUSE WE'RE NOT INTO THAT%% ENGINEERING STAGE AT THIS TIME. AND WE WOULD REQUEST THAT THE COUNCIL APPROVE THE STAFF RECOMMENDATION F SECOND READING. IT WAS A STAFF RECOMMENDATION AND PC RECOMMENDATION. AND AS MR. ROSEWELL INDICATED TO YOU, THEY'RE GOING TO REVIEW OUR SITE PLAN TO MAKE SURE WE COMPLY TO IT.

GOODMAN: SAY THAT LAST PART AGAIN.

I BELIEVE THAT GEORGE SAID NOW WE'RE REQUIRED TO DO THE TWO, 10, 25 AND THE 100 YEAR, VERSUS IN THE PAST YOU ONLY HAD TO CONTAIN THE — .

WHEN THE CITY FIRST IMPLEMENTED DETENTION REQUIREMENTS, IT WAS IMPLEMENTED TO — — IT WAS FOR A SINGLE FORM OF 25 YEARS. AND NOW IT'S REQUIRED TO GO UP TO 100.

SO WE'RE COVERING EVERYTHING EXCEPT THE PHENOMENAL RAIN THAT MAY BE IN THE 500 AND THOUSAND YEAR FLOODPLAIN. WE'RE REQUIRED TO CAP CHUR THAT AND RE — CAPTURE THAT AND RELEASE IT.

GOODMAN: SO IN ESSENCE YOU HAVE TWO PERFORMANCE MEASURES, AND I'M NOT TRACKING HOW THEY CORRELATE. SO BY CAPTURING MORE THAN THE ORIGINAL FLOODPLAIN RUNOFF, DOES THAT MEAN THAT LESS RUNOFF IN A RAINFALL EVENT WILL MOVE NORTH THAN IN THE UNDEVELOPED STATE AS IT CURRENTLY EXISTS?

LET ME TRY TO CLARIFY THAT. ONCE THE PROPERTY IS DEVELOPED, IT'S ALWAYS GOING TO BE MORE VOLUME OF RUNOFF BECAUSE YOU HAVE HARD SURFACE ON THE LAND. WHAT THE DETENTION POND WILL DO IS SWALLOW THE RELEASE OF THAT RUNOFF. AND THE BASIC CRITERIA TO MEET THOSE CHECKPOINTS OF THE TWO THROUGH 100-YEAR STORM, BUT ALSO THE APPLICANT WILL HAVE TO DEMONSTRATE IN DOING THAT — IN MEETING THAT CRITERIA, ARE THERE ANY OTHER TRIBUTE TERRY FLOWS COMING IN DOWNSTREAM TO THE NORTH OF THIS DEVELOPMENT. EVEN MEETING THAT CRITERIA, THE COMBINATION OF THOSE FLOWS MIGHT WORSEN A FLOODING PROBLEM. IF THAT'S THE CASE, THEN THE APPLICANT WOULD BE REQUIRED TO REVISIT THE DETENTION POND SIZING AND OUTLET CRITERIA TO ASSURE THAT THEY'RE NOT EXACERBATING ANY OF THOSE PROBLEMS TO THE NORTH. AND IT MIGHT REQUIRE SOMETHING MORE RESTRICTIVE THAN THE BASIC CRITERIA TO THE 100. IT MAY HAVE TO HIT SOME PERCENTAGE OF INSTEAD OF JUST MATCHING, MAYBE COMING OFF OF THAT BY 10 OR 20% TO ASSURE THAT THAT COMBINATION OF FLOWS IS NOT WORSENING ANY OF THE FLOODING CONDITIONS THERE ON SALEM HILL DRIVE. WE DO HAVE RECORD OF TWO OF THE HOMES ON THAT ROAD GETTING WATER INTO THEM FROM THE DRAINAGE THAT IS COMING FROM THE SOUTH TO THE NORTH. AS YOU PROCEED ON FURTHER TO THE NORTH, YOU GET INTO THE FLOODPLAIN OF WILLIAMSON CREEK, BUT THIS DEVELOPMENT ISN'T GOING TO IMPACT THAT WATERSHED. REALLY WHAT HAPPENED IS THE 100 ACRE TRIBUTARY GOING SOUTH AND NORTH. THE BIGGEST LIMITATIONS ARE ON THE SLEEM HILL DRIVE.

GOODMAN: RIGHT. AND WHAT I'M ASKING IS WHETHER THE OWNER DEVELOPER CAN COMMIT, WOULD COMMIT IN GOOD FAITH TO CAPTURING MORE THAN WHAT IS REQUIRED SO THAT YOU'RE NOT ONLY NOT WORSENING, YOU ARE IMPROVING WHAT EXISTS RIGHT NOW.

MAYOR PRO TEM, UNTIL WE HAVE OUR ENGINEERS REVIEW THAT, AND AS GEORGE INDICATED TO YOU, WE DON'T KNOW IF THERE IS A PROBLEM WITH CONVEYANCE DOWN TO THE CREEK, THEN WE'RE REQUIRED AND MANDATED BY CODE TO DO ALTERNATIVES THAT WOULD LESSEN THAT IMPACT. AND BECAUSE WE'RE IN THE ZONING STAGE RIGHT NOW, WE DO NOT HAVE AN ENGINEERED SITE PLAN YET, BUT ONCE THIS STAGE IS OVER, THEN WE'RE GOING TO HAVE TO SUBMIT TO THEM AND THEIR REVIEW. AND IF THEY DETERMINE THAT WE HAVE, THEN WE'RE GOING TO HAVE TO GET INTO COMPLIANCE, WHATEVER THAT MAY BE, EITHER A LARGER PLAN, HOWEVER WE CAN... CAN — LARGER POND, HOWEVER WE CAN DO IT IF THERE IS A PROBLEM IN THE CONVEYANCE.

GOODMAN: POINT I'M TRYING TO MAKE IS THAT COMPLIANCE IS NOT REALLY GOOD ENOUGH IN THE PRACTICAL SENSE. AND WOULD THE DEVELOPER/OWNER CONSIDER GOING BEYOND COMPLIANCE IN GOOD FAITH AS A NEIGHBOR AND AS A PROJECT THAT HAS THE OPPORTUNITY AT THIS POINT TO MAKE A DIFFERENCE?

THE ANSWER TO THAT QUESTION IS YES. BUT I DON'T KNOW WHAT THAT WOULD EQUAL.

GOODMAN: RIGHT.

UNTIL IT'S ENGINEERED.

GOODMAN: WELL, WHEN WE GET TO THIRD READ REEDING, MAYBE THERE'S LANGUAGE OR A STATEMENT THAT YOU WOULD FEEL COMFORTABLE MAKING THAT WOULD LET US KNOW AND LET THE NEIGHBORHOOD KNOW THAT THAT WOULD HAPPEN IN GOOD FAITH, EVEN THOUGH WE'RE NOT YET AT THE POINT WHERE YOU WOULD HAVE ENGINEERING PLANS TO PUT BEFORE ANYONE.

THAT'S CORRECT. WE CAN TRY TO DO THAT.#####

MAYOR GARCIA: OKAY. WE CLOSED THE ITEM HEARING. NOW IT'S TIME FOR A MOTION.

WYNN: I MOVE APPROVAL ON SECOND READING.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN ON SEC READING. IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. FURTHER DISCUSSION? SECOND READING ONLY. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO?

GOODMAN: NO.

MAYOR GARCIA: MOTION CARRIES ON A VOTE OF FIVE TO ONE TO ZERO WITH THE MAYOR PRO TEM VOTING NO AND COUNCILMEMBER SLUSHER ABSTAINING THE AND NOT PRESENT TO BE IN THE DISCUSSION OR THE VOTE.

MAYOR, I WOULD LIKE TO JUST SAY THAT THERE IS A LIST OF CONDITIONS THAT WE READ INTO THE RECORD EARLIER.

MAYOR GARCIA: FINE. 30 AND 31.

ITEMS 30 AND 31, WE'RE GOING TO WALK YOU THROUGH A ONE-PAGE MOTION THAT YOU HAVE IN FRONT OF YOU. IF YOU DON'T HAVE A COPY, WE'LL BE GLAD TO BRING YOU ONE SO THAT YOU CAN FOLLOW THROUGH THE SIMPLE MOTION SHE PUT TOGETHER FOR YOU. THANK YOU.

WE HAD A COUPLE OF DIFFERENT HELPFUL SUGGESTIONS FROM COUNCILMEMBERS ON PREPARING THE MOTION SHEET, SO WE ENDED UP WITH A COUPLE OF DIFFERENT VERSIONS. BUT I THINK THE VERSION WE'RE GOING TO BE USING IS THE ONE THAT IS MORE OF A GOLDENROD COLOR, NOT THE PALE YELLOW COLOR. AND D D D D ARE TWOnnp0p0p0p0 ITEMS OBVIOUSLY, THE NORTH LOOP NEIGHBORHOOD PLAN ITSELF. AND THE FIRST MOTION OF THAT WOULD SIMPLY BE TO APPROVE THE NEIGHBORHOOD PLAN FOR SECOND AND THIRD READING. AND THERE IS A POSSIBLE AMENDMENT, WHICH IS TO MODIFY THE ZONING RECOMMENDATIONS BY REMOVING TnM USE TRANSITIONAL HOUSING FROM THE LIST OF PROHIBITED USES AND KEEPING IT IN ITS CURRENT STATUS AS A CONDITIONAL USE. ITEM 30. SHOULD WE STOP THERE OR KEEP GOING ON TO 31? OKAY. AND VERY SIMILAR, IN SUM 31 FOR THE ZONING, THE FIRST POSSIBLE MOTION WOULD BE TO APPROVE THE NPCD ZONING RECOMMENDATION BASED ON FIRST READING AS AMENDED BY THE ADMINISTRATIVE CHANGES THE ERRATA STREET IN THE BACKUP. EXCEPT FOR PROPERTIES WITH VALID PETITIONS. AND LIKE THE OTHER MOTIONS WE DESCRIBED, THAT WOULD TAKE FIVE VOTES. A POTENTIAL AMENDMENT WOULD BE, AS WE MENTIONED ABOVE, TO MODIFY THE ZONING RECOMMENDATIONS BY REMOVING TRANSITIONAL HOUSING FROM THE LIST OF PROHIBITED USES, KEEPING IT AS A CONDITIONAL USE. THERE IS ONE VALID PETITION DESCRIBED ON MOTION 3, AND THAT'S TRACT 10, THE SOUTHERN UNION GAS PROPERTY AT 201 EAST KOENIG LANE. AND FOR — TO APPROVE THE VALID PETITION WOULD TAKE SIX VOTES. SO THAT'S THE BASIC OUTLINE OF THE MOTION SHEET. AND I CANKE QUESTIONS ON THAT.

MAYOR GARCIA: QUESTIONS FOR STAFF? COUNCILMEMBER ALVAREZ?

ALVAREZ: I HAD A COUPLE OF QUESTIONS ON THE CONDITIONAL HOUSING CONDITIONS AND PROHIBITIONS. CAN YOU PUT UP THE MAP THAT SHOWS HOW THAT USE IS TREATED IN THE NEIGHBORHOOD PLANNING AREA?

THERE ARE DIFFERENT CONDITIONAL OVERLAYS FOR THE DIFFERENT CORRIDORS OR SECTIONS OF THE NEIGHBORHOOD. THERE'S THE I-35 CONDITIONAL OVERLAY, AIRPORT BOULEVARD CONDITIONAL OVERLAY. WHAT YOU MIGHT CALL THE RESIDENTIAL AREA. AND ALSO NORTH LOOP BOULEVARD CONDITIONAL OVERLAY. AND THEN YOU HAVE KOENIG LANE AND LAMAR BOULEVARD. THE CURRENT — WHAT COUNCIL APPROVED ON FIRST READING IS A SET OF CONDITIONAL OVERLAYS THAT WOULD PROHIBIT THE USE OF TRANSITIONAL HOUSING IN THE I-35 CORRIDOR, THE AIRPORT BOULEVARD CORRIDOR, THE NORTH LOOP CORRIDOR AND IN PARTS OF THE RESIDENTIAL NEIGHBORHOOD THAT CURRENTLY HAS CS ZONING. TRANSITIONAL HOUSING UNDER THE LAND DEVELOPMENT CODE IS A CONDITIONAL USE IN CS ZONING.

ALVAREZ: AND SO IT'S ONLY ALONG AIRPORT AND ALONG I-35 THAT IS PROHIBITED AND ALONG NORTH LOOP, AND IN THE NEIGHBORHOODS ITS CONDITIONAL? HOW DOES THAT WORK?

I SPOKE A LITTLE TOO FAST, BUT IT WOULD BE PROHIBITED ON I-35, AIRPORT BOULEVARD IN THE RESIDENTIAL PARTS OF THE NEIGHBORHOOD THAT CURRENTLY HAVE CS ZONING, AND ON NORTH LOOP BOULEVARD. IT WOULD REMAIN A CONDITIONAL USE ONNNNN KOENIG LANE AND LAMAR.

MAYOR GARCIA: OKAY. HERE WE GO ON THE SCRIPT. MOTION NUMBER 1 ON THE READING OF THE PLAN ITSELF, WITH OR WITHOUT AMENDMENTS, TO APPROVE NORTH LOOP NEIGHBORHOOD PLAN SECOND AND THIRD READING.

SLUSHER: MAYOR, I'VE A COUPLE OF QUESTSTTTTTTTTTTTSTSTSTSTST

MAYOR GARCIA: COUNCILMEMBER SLUSHER. MISSED PART OF THAT, BUT THERE ARE SOME CONDITIONAL — I MEAN, TRANSITIONAL HOUSING THAT'S PROHIBITED ON SOME OF THESE? SOME OF THESE STREETS?

THAT'S C IT WOULD BE PROHIBITED IN CS ZONED PROPERTIES ON I-35, AIRPORT BOULEVARD, NORTH LOOP AND IN PARTS OF THE RESIDENTIAL INTERIOR THAT CURRENTLY HAVE CS ZONING.

SLUSHER: NOW, HAVE WE DONE THAT IN ANY OTHER NEIGHBORHOOD PLANS?

I DON'T — I DON'T KNOW IF THE USE TRANSITIONAL HOUSING HAS BEEN LOOKED AT THAT WAY.

SLUSHER: HAVE WE PROHIBITED ANY OTHER KIND OF HOUSING?

I THINK THAT AT LST ONE NEIGHBORHOOD PLAN MAY HAVE PROHIBITED RESIDENTIAL TREATMENT. IS THAT A 24-HOUR USE? YEAH. SO RESIDENTIAL TREATMENT. [ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]

MAYOR GARCIA: MAYOR PRO

GOODMAN: USUALLY WHEN A NEIGHBORHRHRHRHRHRHRHRH A VERY SPECIFIC USE LIKE THAT, TECHNICALLY YOU WOULD BE ASKING FOR — FOR PROHIBITION OF ADDITIONAL X, Y OR Z, WHATEVER YOU ARE SPEAKING TO. WAS THE RATIONAL OR THATON WITH A OF EXISTINGeeeee U U U U U U U U######ANGE THE —''''''''''' THE ATMOSPHERE, IT CHANGES THE SORT OFP SO THEN THE PLANNER IF — IF RATIONALE FOR THIS WAS THAT TRANSITIONALUSING IN T PARTICULAR@@@@@@@@@@@ AREAS WOULD ACT WITH EXISTING USES AS SOMETHING OF A NEGATIVE CATALYST OR THAT WAS THE PERCEPTION AND/OR ARE THERE A PROLIFERATION OF EITHER THAT PARTICULAR OR OTHERCCCCC USES' TOGETHER WOULD START A WAS GOING TO CHANGE THE NATURE ANDIIIII CHARACTER OF WHAT THE NEIGHBORHOOD WAS TRYING RETAIN ANDuuuuu PROTECT.

EITHER — EITHER I CAN ADDRESS THERE OR THERE ARE A FOLKS FROM CHAIR AND VICE CHAIR OF THE NEIGHBORHOOD PLANNING TEAM ARE ALSO HERE AND COULD SPEAK MORE TO THE INTENT.

GOODMAN: OKAY. I'M KIND OF ASKING YOU AS THEING OF.....................KKKK....... OF THE PLAN, IF YOU WOULD KIND OF POINT ME TO THAT RATIOOR TO THAT JUSTIFICACA7nuu BECAUSu I MISSED IT @@@@@@@@@@@ PROBLEMSJ1J1J1J1J1J1USIN CAPTIONING TECHNI DIFFICULTIES)

I@ THAT Exxxxx RECOGNIZES THAT — THAT THE DAY LABOR SITE I A CITY-WIDE NEED AND NEEDS TO GO SOMEWHERE. BUT A DEFINITE SENSE THAT THERE'S PERHAPS SOME EXTERNALITIES THAT NEIGHBORHOOD THERE IS EXPERIENCING. I THINK THAT TRANSITIONAL HOUSING PARTICULAR IS A USE THAT WOULD BE ASSIGNED TO A LARGER HOMELESS SHELTER AND I KNOW THAT THERE HAD BEEN QUITE A BIT OF DISCUSSION ABOUT SEPARATING THE — SEPARATING THE DAY LABOR SITE FROM HOMELESSNESS AND I THINK THAT WASWAS KIND OF THE LARGEST PARARARARARARAR THE RATI ARE WORKINGSSSS

GOODMAN: WHAT I WAS LOOKING@ WAS TO SEE WHETHER O O O O OE SURFACE WHAT MAYE A NEGATIVE APPROACH IS IN FACT A POSITIVE ONE. SO I GUESS WE WILL HEAR FROM THEF""""AKERS. THANKS, THA MAYOR.ooooo

MAYOR GARCIA: OTHER QUESTIONS ####bbbb IF THERE'S — THERE'S NO SPEAKERS ON THIS ONE. IS TO APPRP NEIGHBORHOO PLAN. AGAIN, WE DON'T HAVE TO DO ANYTHING WITH ccccSING IN THIS MOTION, D,,,,,!@@@@@@ WE?

uuuuu@ NECESSARILY. I THINK THAT IT COULD BE CLEANER IN A SENSE, BUT THE — I THINKEGEGEGEGE TEXT OF THE PLAN DOESN'T NECESSARILY HAVE TO MATCH EXACTLY WHAT'S IN THE ZONING.@@@@

MAYOR GARCIA: THIS IS A P LANDaaaaHENCI]I]I]I] SECONDOTION SAYS MODIFY THE ZTIONS.kkkkkkkERE OR IT INCTION WITH THE PLANNED REZONING?

THAT WOULD BE DONE — e e e eE DONENJUNCTIO NUMBER 31. IT PROBABLY INCLUDED NUMBER TWO UNDER ITEM 30. REALLY7777777 OF — TRYING TO BE REDUNDANT ENOUGH TO COVER OURSELVES.

MAYOR GARCIA: OKAY. I WILL ENTERTAIN A MOTION TO APPROVE THE NORTH LOOP NEIGHBORHOOD PLAN4COND AND THIRD READING. MOTION BY COUNCILMEMBEEEEETH. IS THERE A SECON SECONDED BY THE MAYOR PRO TEM. DISCUSSION? THIS IS SECOND AND THIRD READING REQUIRES FIVE VOTES. WE ARE NOT D-

ALVAREZ: WHAT AREREEEEEEERERERERERE

MAYOS aIaIaIaIaIROVE THEVVVuuN SE THIRD READING. WE ARE NOT ANYTHING TRANSITIONALwwww ISSUE. WE ARE KIND OF LEFT — THIS IS ON ITEM 30. ALL IN FAVOR, , SAYING AYE.

OPPOSLLLLLN CARRIES@@@@@ OF 7 TO 0. IT PAS ON SECOND AND THIRD READING. THEN WE WILL GO TO — TO ITEM 31. SECOND A THIRD READING######CCCCJp NTCD — THE NPCD N$$$$$ AS ... ATTACHMENT L IN THE BACK SET WITH PROPERTY PETITIONS. THE VALID PETITION TRACTS WILL B IN ITEM NO. 3.X THIS ONE COULD BE AMENDED TO — COULD BE AMENDED TO MODIFY THE ZONING RECOMMENDATIONS BY REMOVING TRANSITIONAL HOUSING FROM THE LISTF PROHIBITED USES, MAINTAINING IT AS A CONDITIO MARTY, I DON'T UNDERSTAND WHAT THIS MEANS. WE ARE GOING TO MOVE TRANSITIONAL HOUSING FROM THE LIST OF PROHIBITED USES, SO IT'S A PROHIBITED USE RIGHT NOW?

I WILL HAVE TO DEFER TO THE STAFF ON IT.

YOU REPEAT QUESTION, MAYOR GARCIA.

MAYOR GARCIA: ON THE SHEET THAT YOU LIST THE ACTIONS THAT THE COUNCIL NEEDS TO TAKE, IT SAYS MODIFY THE ZONING RECOMMENDATIONS BYMOVING TRANSITIONAL HOUSING FROM LIST OF PROHIBITED USES MAINTAINING IT AS A CONDITIONAL USE.

YES. THE CURRENTS IN THE LAND DEVELOPMENT CODE IS TRANSITIONAL HOUSING IS A CONDITIONAL USE IN C.I.44444 ZONING.RCIA: OKAY. SO IF WE WERE TO DOooo THIS, IF WE WO DO TH11111 — TRANSITIONAL HOUSINGDOULD THENeeeee BE — COULD ALLOHAU AREBBBBccccccccccc [TECHNICAL PROBLEMS, PLEASE S

IT WOULD BE A COCOCOCOCO USE.

MAYOR GARCIA: I WILLION ON THIS ONE.

ALVAREZ: ttttttttt MAYOR? COUNCILMEMBE

UALLY, MAYOR, THIS IS ONE ONE I THINK IT'S — ONE FOR ME.HINK IT'S PHILOSOPOPOPOP ANYTHING. BUT I'M GOING TAT WE@@@@ DO — THAT WE MAKE TRANSITIONAL HOUSING CONDITION TOROHIBITED WITH THEO>O>O>O>O>O>O>NG THAT IT DOESN'T A — I'M! TALKING AT LEAST ALONG I-35, BECAUSE WE ARE SAYING HERE THAT LAMAR, YOU CAN HAVE CONDITIONAL — TRANSITIONAL HOUSING A A CONDITIONAL USE ALONG KOENIG THAT'S GOING TO CONDITIONAL USE, BUT THEN WE ARE S ON I-35 IT'S PROHIBITED USE.,,,, CAN'T GET MORE COMMERCIAL OF A CORRIDOR THAN THAT.OT SAYING MAKE IT A — A — A — WHAT DO YOU CALL IT? NOT AOT A CONDITIONAL. BUT A PERMITTED USE. SO — [ LAUGHTER ] SO AGAIN THERE'S STILL A PROCESS, EVEN IF THERE IS A MOVE AND THERE IS NO PLANS NECESSARILY THAT WE KNOW OF TO DO ANY TRANSITIONAL HOUSING HERE, BUT IF THERE IS THEN IT HAS TO TO GO THROUGH PLANNING COMMISSION AND THROUGH CITY COUNCIL. AGAIN I DON'T LIKE THE PRECEDENT OF SAYING WE ARE GOING TO PROHIBIT IT AND KIND OF AN INCONSISTENT WAY HERE. SO MY POINT OF VIEW, I WOULD LIKE TO AT LEAST ON I-35 SAY THAT WE ARE GOING TO CHANGE IT FROM PROHIBITED TO CONDITIOWILL MAKE THAT MOTION, TOO.

SLUSHER: I WILLSECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ. SECONDED BY COUNCILMEMBER SLUSH DISCUSSION? MAYOR PRO TEM?????GOODMAN: DID WE NOT HAERS? DO WE NOTNY

@@@@@@RCIA: NO, MA'AM.dPdPdPdPdPd

[INAUDIBLE - NO MIC] YOU TO — CAN YOU SIGN A CARD SO I CAN HAVE OF IT RECORD HERE.

SURE.

GOODMAN: BEFORE WE%%%-%—O-EOTE, WOULDO$ THE RATI8C)P)P)P)P FOR — FOROROROR PICKING ddddd ONE ROAD AS OPPOSED TO ANOTHER HAD TO DO@ WIT CATA USES THAT COMPMPMPMPMPD SET A TuY WERE TRYING TO AVOID.

SLUSHER: I WOULD RATHER MAKE IT CONDITIONAL THROUGHOUT. THAT DOESN'T MEAN THAT I WOULD VOTE FOR TRANSITIONAL HOUSING. BUT I THINK THE NEIGHBORHOOD DID A REALLY GOOD JOB ON PUTTING TOGETHER THIS PLAN. I KNOW THAT THIS PARTICULAR PART OF IT WAS A COMPROM THE GROUP. BUT I'M JUST REALLY ABOUTUTUTUTUT SETTING !!!! A PRECEDENT TO NOTALLOW, TO PROHIBIT T@@@@@KIND OF HOU I WOULD WANT TO DO IT — PUT IT UNDER THE CODE AS IN THE CODE FOR CONDITION —AAAA

YOR GARCIAWE HAVE TWO [INAUDIBLE]

THANK YOU.

MY NAME IS MATT HOLLAND, I'M THE VICE CHAIR OF THE PLANNING COMMITTEE FOR THE — IF THIS PLAN. I'M ALSO THE PRESIDENT OF THE [INAUDIBLE] NEIGHBORHOOD ASSOCIATION, WHICH IS ONE OF THE NEIGHBORHOODS IN THIS AREA. IT'S GOING TO BE HARD FOR ME TO SEE. OKAY.@@@@@ ALL RIG. BASICALL@AAAAA TO MAKE THAT EVERYBODY UNDERSTANDS THIS WAS AN ISSUE THAT WE LOOKED AT VERY LONG AND VERY HARD AND HAD — HAD A NUMBER O VERY INFORMATIVE, TOU MEETINGS ON AS PART OFTHE — AS PART OF0 THE — THEOVERLAYS FOR FOR THE I 35 CORRIDOR AND AIRPORT BOULEVARD CORRIDOR. AND IT WILL STEMS FROM THE E E E IT R FROM THE ISSUE OF THEOR SITE, WHICH IS THINK THINK AT 49th AND I-35, WHICH IS A CITY OWNED AND OPERATED FACILITY. AND WHICH@@@@ HAS — HAD SIGNIFICANT IMPACT ON THE COMMUNITY IN THIS ARFTHERE IS A LABOR SITE HERE. THERE'S A LIFE WORKS SORT OF TEENAGEdddddAB —RT OF YOUTH KIND OF FACILITY HERE. THE RIOOTEL IS H ISSSSSSSSSSSSSS A DE FACTO TRAllllllll HOUSING AREA@@@@@kckckckc ALSO???? HAVE A MODELING THERE AND THEN WE HAVE A NUMBER OF HARD LIQUOR STORES AND THE CLOSE b SO WE ARE REALLY CONCERNED THAT WE HAVE TWO NEIGHBORHOODS HERE THAT ARE EXTREMELY — THEY ARE SMALLrrrrrTHEY USED TO BE LARGER. I-35 KIND OF CUT THROUGH WHO BE A LARGER@@@@@@@@U ARE LEFT WITH THMALL, PROUD, NEIGHBORHOODS WHICH ARE FIGHTING FOR SURVIVAL ESSENTIALLY. WE HAV@P@P@P@P@P@P VERY TRANSITIONAL KINDS OF FEELINGS WHEN YOU HAVE A GIANT, GIANT MAJOR HIGHWAY COMING THROUGH HERE, LOTS OF TRAFFIC MOVING THROUGH. THAT WAS ONE OF OUR OTHER PRIORITIES. SO WE WERE VERY, VERY CONCERNED ABOUT THIS. IN FACT THE WHOLE REASON THAT THIS NEIGHBORHOOD PLAN WAS — CAME UP WHEN IT DID WAS BECAUSE WE ASKED THE CITY COUNCIL AT THE TIME OF THE DAY LABORER HEARING TO — TO CONSIDER A NUMBER OF CONDITIONS AND THE CITY COUNCIL WAS AMENABLE AND SAID, AS ONE OF THE CONDITIONS, WE WILL LET YOU — YOU KNOW, WE WILL PUT YOU IN THE NEXT SLOT IN THE NEIGHBORHOOD PLANNING PROCESS. WE KNEW THAT THIS WAS GOING TO PUT PRESSURE ON THE NEIGHBORHOOD, THE CITY WAS ACKNOWLEDGING THAT, WE WERE APPRECIATIVE OF THEIR INCLUDING US IN THE NEIGHBORHOOD PLANNING PROCESS. SO WE THINK THAT — THAT THE DAY LABOR SITE IS A TRANSITIONAL USE. IT'S TRYING TO GET PEOPLE FROM NO WORK TO WORK TO MORE PERMANENT JOB. AND AS — AS STEVE BARNEY MENTIONED, ONE OF THE MAJOR THINGS THAT WAS DISCUSSED AT THE TIME THAT THE SITE WAS MOVED THAT THE CITY ITSELF AND THE COUNTY WANTED TO SEPARATE THE HOMELESS — THE HOMELESSNESS FEATURES OF THE COMBINED DOWNTOWN SITE FROM THE DAY SO — SO WE ARE REALLY VERY FRANKLY JUST NERVOUS [BUZZER SOUNDING] THAT WE ARE GOING TO END UP WITH — A RECOMBINATION OF THAT SITUATION HERE IN OUR NEIGHBORHOODS AND IT'S GOING TO DESTABILIZE A SITUATION THA THAT'S PRETTY SENSITIVE. AM I — IS THERE A TIME LIMIT ON THIS?

MAYOR GARCIA: 3)A MINUTES. MR. ULRICH CAN GIVE YOU 3 MINUTE. BUT HE MAY WANT TO SPEAK. COULD HE GIVE ME ONE MINUTE?

MAYOR GARCIA: SURE. GIVE HIM ONE MINUTE. THERE YOU GO. ENTER A — WE FEEL LIKE THIS IS A PROGRESSIVE PLAN. WE HAVE GONE FULL BORE ON THE SMART GROWTH, MUCH OF THE OTHER PROVISIONS. WE HAD SPECIFIC MEETINGS ON THIS, M SPECIFICALLY WITH THE CITY'S HOUSINGMENT AND HEARD THEM OUT AND I KNOW IF WE GO BACK AND SAY TO THE COMMUNITY, LET'S HAVE ANOTHER MEETING, WHAT DO YOU THINK? THEY ARE GOING SAYTELY NOT. SO — SO I'M GOING TO LET BILL FILN ANDSHP HERE. I'M@@@@@@ JUST RAM WELCOMING ON. BUT BASIC — RAM.... RAMBLING ON.Y WE ARE CONCERE A CITY-WIDE POLICY THAT ONLY. WE WERE UNFORTUNATELY VERY SKEPT OF THE CITY'S PROCESST T T T T T T INSTALLED THE DAY LABOR@ SITE HERE. THERRUST GAPAPAPAPAP UNFORTUNATELY.HAT WHAT'S GOING TO HAPxxxxxIS UNLESS WE PROHIBITRTAIN OF THESE THINGS WE FEEL VERY STRONGLYT WE ARE GOIOIOIOIOIOI TROUBLE WITH THEM LATER. WHAT'S GOING TO END UP HAPPENING IS [BUZZE SOUNDI]

WE ARE GOING TO ENDUP WITH T USES ONLY GOoooo AND MODERATE INCNCNCNCNC AS OPPOSED TO THE HIGHER888888MEMEMEMEME AREAS. YOUR TIME.%%%%%%%%

I'M BILL YODER CHAIR OF THE NORTH LOOP PLANNING TEAM. MEAT WENT OVER A NUMBER OF GOOD REASONS AND HISTORIES. MATT. THE FIRST ONE, S S S S S MONTHS AGO,ER 17th ............ &EPORTED THE D IN WHICH 20 PEOPLE OUT THISF TRANSITIONAL HOUSING. SO IT'S NOT A SPUR OF THE MOMENIND OF ACTIVITY. THE LAST ONE TOOK PLACE AT BURGER-TEX, ABOUT PEOPLE, IT WAS UNANIMOUS. WE THOUGHT A ABOOOOOOOOOOOOOBOBOBO PLAYING FAIR CITY. WE HAVE TRIED VERY HARDS PLAN, SMART GROWSM HOUSING, ALL OF@HE GOOD THINGS THAT WE HE TRIED TO PUT INTO THIS PLAN. OF THIS ONE ISSUE THAT WAS — THAT SO HOT THAT PEOPLE'S CONVICTIONS WERE SO STRONG THA WE THOUGHT, LISTEN, WE HAVE GOT TO DRAW THE OT TO REPRESENT WHAT THE NEIGHBORHO BELIEVES. AND IN TERMS OF SETTING PRECEDENT HERE, I THINK YOU HAVE THIS AS JUST OUR WAY OF SORT OF SAYING, PLEASE, WE HAVE DONE OUR FAIR SHARE. IT'S A QUESTION OF FAIRNESS. WE HAVE — WE HAVE ASSUMED A LOT OF THE BURDEN. IT'S FINAL FOR SOME OF THE OTHER NEIGHBORHOODS TO — TO PICK UP ON THE SOCIAL SERVICES. SO THANK YOU.

MAYOR GARCIA: THANK MR. YODER, WE DON'T HAVE TOUBLIC HEARING BECAUSE T T T T T NOT A PUBLIC HEARING. IN CASE YOULL WONDERING IF I'MLLLLLLLL AT THE ME ASSURE YOU I MAY BE SLEEPY, BUTSSSSSS ASLEEP AT THE WI EXPLANATION,%%%% TEM?GOODMAN: LET ME JUST QUICKLY SAY SOMETHING%%%%%% PLANNING, GOOD PLANNING, NEIGHBORHOOD PLANNING.S EASY TO LOOK AT THIS FROM ANGLE, BUT HAT I WOWOWOWOWOWO TO CONSIDER IT FROMCCCCCCCCCnnnn PLANNING. BECAUSE WE DIDN'T HAVE THISECHANISM OF NEIGHBORHOODING, MANY TIMES THERERE WOULD BE ARHOOD THAT BECAME THE POINT TOO MANY OF THE SAME KINDS OF LAND USESSSSSS ONE PLACE. SO TOTALALALALDE FROM MOTIVATION OR JUST FEELINGS OR WHATEVER RHOOD ORIKE Toooo Xddddd@@@@@R Y FOR@ PLANNING, I THINK THAT RATIONALE THATS SAME AS A A A A A A A A A A A THAT WE FOR OURSELVES OR FOR OTHERS INTENSIFYING — OR INTENSIFYINGNGNGNGNG IN URBAN NEIGHBORHOODS TO TRYO MAXIMIZE LAND USE. BY UP LAND USES THAT TOGETHER COULD ACT CATALYST IN AERY DIFFERENT, SOMETIMES@ NEGATIVE, BBBBBBBBBBBBB B B B SIGNIFICANTLY IMPACTING WAY, YOU DO MOVE INTO A BETTER PLANNING MODE IF YOU TRY TO BREAK THEM UP. THEYY HAVEN'T PROHIBITED TRANSITIONAL HOUSING FROM THEIR PLANS TOTALLY, WHICH SOME NEIG WOULD— THEY THOUGHT ABOUT THAT ISSUE AT ALL. THIS NEIGHBORHOOD PLAN HAS NOT DONE THAT, BUT IT HAS BROKEN IT UP FROM WHAT COUDDDDDDDDDDDDDDLDLDLD A —%REND LIKE THAT IN PLACE, BECOME A VERY@CCCCAGILE EDGE WHE THERE IS A FRAGILE EDGE. SO ESPECIALLY ON THE I-35 ON THE SURFACE SOUND LIKE WHERE YOU

A FACT IF YOU DO PUT THERE, YO WIssss HAVE VERFFERENT IIDOR. AND THINK THAT IS JUST — I THINK THAT IS JUSTIFICATION FOR TRYING TO BREAK UP THE DIFFERENT KIND OF USES THAT TOGETHER ARE GOING TO ALMOST CONSTITUTE A DISTRICT FEEL OR A — OR COULD BREAK UP EVEN MORE OF THE EDGES BECAUSE IT — TRANSITION BECAUSE IT'S A TRANSITION ITSELF. SO IT WILL CHANGE FOR WHATEVER THE NEIGHBORHOOD IS. FOR WHATEVER REASON, I THINK IT IS GOOD PLANNING TO TRY TO BREAK UP AND SPRINKLE AND — AND IN EFFECT STABILIZE YOUR EDGES. THAT WAY WHILE INDUSTRIAL INTRODUCING ALL OF THE ELEMENTS THAT I THINK WE HAVE ALL BEEN LOOKING FOR IN NEIGHBORHOOD PLANS. THANKS, MAYOR.

MAYOR GARCIA: FURTHER QUESTIONS OR DISCUSSION OF THIS ITEM?

ALVAREZ: MAYOR, I JUST — THIS IS A TOUGH ISSUE. AND I DO THINK IT'S AGAIN JUST THE PHILOSOPHY, HOW YOU VIEW PLANNING AND THE FUTURE AND THIS IS REALLY I GUESS SUPPOSED TO — I THINK IT'S SUPPOSED TO BE A VISION FOR — FOR THE FUTURE TEN, 25 YEARS DOWN THE ROAD. AND, YOU KNOW, AGAIN YOU CAN ASSUME, AGAIN, THAT — THAT THE SAME KINDS OF UTESS THAT ARE THERE ARE GOING TO HAPPEN OR YOU CAN ASSUME THAT THERE WILL BE POSITIVE CHANGES. MAYBE THE DAY LABOR SITE DOES RELOCATE, MAYBE SOMETHING MORE POSITIVE DOES HAPPEN AT THE RIO MOTEL. IF THOSE THINGS DO HAPPEN, THEN YOU HAVE STILL PROHIBITED TRANSITIONAL HOUSING ALONG THERE. SO I THINK THERE'S AGAIN DIFFERENT WAYS OF LOOKING AT WHAT'S GOING ON HERE. AND WITH THE — PUTTING THE CONDITIONAL OR LEAVING IT CONDITIONAL IS SUPPOSED TO PROHIBIT IT, AGAIN I THINK STILL LEAVES, GIVES THE NEIGHBORHOOD A VOICE, THEN PUTS IT I GUESS UPON US TO DECIDE BASED ON THE SPECIFIC PROPOSAL, YOU KNOW, AND WITH NEIGHBORHOOD INPUT, DOES THIS EXACERBATE THE SITUATION OR NOT. SO I STILL THINK THAT IT'S — I'M UNCOMFORTABLE SAYING THAT WE ARE GOING TO PROHIBIT TRANSITIONAL HOUSING, I THINK IT'S MORE PHILOSOPHICAL, I CERTAINLY WANT TO RESPECT ALL OF THE HARD WORK THE NEIGHBORHOOD WENT THROUGH, BUT I THINK IT'S SOMETHING THAT I AM HAVING TROUBLE JUST RECONCILING IN MY OWN HEAD. I STILL AT LEAST WOULD LIKE TO SEE IT ON THE I-35 CORRIDOR REMAIN CONDITIONAL.

SLUSHER: MAYOR? I WOULD JUST STICK WITH HIS ORIGINAL MOTION OF THE I-35. I HAD MENTIONED EARLIER ABOUT NOT — MAKING IT ALL CONDITIONAL, BUT I WOULD JUST SAY WE VOTE ON THAT.

GOODMAN: MAYOR, COULD I ADD ONE MORE THING REAL QUICK?

MAYOR GARCIA: WHERE ARE WE ON THIS ONE NOW.

GOODMAN: THERE'S A MOTION.

MAYOR GARCIA: WE DON'T HAVE A MOTION, RIGHT, ON 31 YET?

I HAVE A MOTION AND A SECOND BY SLUSHER.

MAYOR GARCIA: THE MOTION WAS TO APPROVE THE RECOMMENDATION.

ALVAREZ: MOTION TO — MOTION 2, TO REMOVE TRANSITIONAL HOUSING FROM THE PROHIBITED — LIST OF PROHIBITED USES MAINTAINING IT AS A CONDITIONAL USE ALONG THE I-35 CORRIDOR.

MAYOR GARCIA: THAT'S AN AMENDMENT TO THE FIRST ONE.

ALVAREZ: TO 1 ON NUMBER 31.

MAYOR GARCIA: ALL RIGHT. MOTION BY COUNCILMEMBER ALVAREZ WITH THAT AMENDMENT. WHO SECONDED THAT MOTION?

SLUSHER: I DID.

SLUSHER.

MAYOR GARCIA: COUNCILMEMBER SLUSHER. DISCUSSION?

GOODMAN: YES, MAYOR, ONE LAST BRIEF THING ABOUT PLANNING. I'M JUST GOING TO GIVE YOU MY NEIGHBORHOOD'S ACTION ON A COUPLE OF THINGS TO SHOW YOU WHY I THINK ALL NEIGHBORHOODS ARE PROBABLY GOING TO LOOK AT ACTIONS LIKE THIS. WHEN WE HAD PROPOSALS FOR FAIRLY INTENSE VERY DENSE APARTMENTS, WE LOOKED AT THE DIFFERENT CORNERS THAT THEY WERE LOOKING AT, SOME WE SUPPORTED AND SOME WE OPPOSED BECAUSE THERE WERE TOO MANY ON ONE SIDE. AND IT WAS STARTING TO WALL IN THE NEIGHBORHOOD AND THAT WAS GOING TO CHANGE THE FEEL OF WHAT WE WERE ABLE TO PROTECT. THERE WERE SOME PROPOSALS FOR L.R. AND EVEN G.R. SOME WE SUPPORTED AND SOME WE OPPOSED. HAD WE HAD THE OPPORTUNITY TO PROHIBIT A G.R. OR A MULTI-FAMILY IN A PARTICULAR PLACE, THEN WE WOULD HAVE USED THAT MECHANISM. WE DIDN'T HAVE NEIGHBORHOOD PLANNING THEN. BECAUSE IT DIDN'T WORK THERE. IT WAS GOING TO CHANGE THE EDGE ON THAT SIDE AND THE POTENTIAL FOR FUTURE PRECEDENT SHALL USE OF THOSE — PRECEDENTAL USE OF THOSE POTENTIAL CHANGES WAS GOING TO BE NEGATIVE FOR THE NEIGHBORHOOD. SO PICKING A PLACE WHERE YOU THINK SOMETHING WILL WORK AND PICKING A PLACE WHERE YOU THINK IT ABSOLUTELY NOT WORK I DON'T THINK IT'S ILLEGITIMATE TO USE. I THINK IT'S PHILOSOPHICAL IN THE WAY THAT YOU ARE THINKING OF IT. BUT I THINK IT'S EQUALLY VALID AS A PLAIN OLD PLANNING PRINCIPLE AND I WON'T BELABOR IT. BUT I THINK IT'S A LEGITIMATE ISSUE TO HAVE TAKEN INTO ACCOUNT.

SLUSHER: MAYOR, I JUST — I THINK THE MAYOR PRO TEM MAKES SOME VERY GOOD POINTS AND THAT — I WOULD — THAT WOULD LIKELY BE PERSUASIVE TO ME IF THE CASE WERE A ZONING CASE OR A CONDITIONAL CASE ON WHETHER TO PUT THE TRANSITIONAL HOUSING THERE. BUT THAT WOULD DEPEND ON THE INDIVIDUAL CASE AND SO I'M JUST UNCOMFORTABLE WITH PROHIBITING BOTH THIS — I THINK COUNCILMEMBER ALVAREZ TALKED ABOUT WE DON'T KNOW EXACTLY WHAT THE PROPOSAL WOULD BE. AND THAT — THE PRECEDENT. BUT I DO THINK YOU MAKE SOME VERY PERSUASIVE ARGUMENTS.

MAYOR GARCIA: FROM MY PERSPECTIVE, LEAVING IT AS A PROHIBITED USE CLARIFIES THE ISSUE. WHEN IT GETS TO THESE CONDITIONAL USE PERMITS, IT'S NOT CLEAR. YOU KNOW, YOU HAVE TO GO THROUGH ALL OF THIS CRITERIA. SO MY PREFERENCE IS TO KEEP IT AS A PROHIBITED USE, SO I WON'T BE — I WILL NOT BE VOTING IN FAVOR OF THE AMENDMENT — OF THE AMENDED MOTION. IF WE CAN GO BACK TO THE MAIN MOTION THAT WOULD BE FINE, BUT I HAVE DIFFICULTY WITH THE OTHER ONE BECAUSE, YOU KNOW, THIS AREA PROBABLY HAS, LIKE WE HAVE REFERRED TO, PROBABLY HAS MORE FACILITIES THAT DETRACT FROM MAKING THIS NEIGHBORHOOD, YOU KNOW, STRONGER. SO IT'S NOT THAT I HAVE A GUILTY FEELING ABOUT DAY LABOR SITE. SO THAT EVERYBODY KNOWS THAT'S NOT IT. IT'S JUST THAT THIS IS A VERY HEALTHY PART OF THE CITY AND WHEN WE CLOSE THE AIRPORT, THE — THIS PART OF THE CITY GOT STRONGER AND I WOULD LIKE TO SEE IT CONTINUE TO GET STRONGER. SO — I WILL NOT BE SUPPORTING THE MOTION. ANYBODY ELSE HAVE ANYTHING? ANY MOTIONS? DISCUSSION ON THAT? COUNCILMEMBER GRIFFITH?

GRIFFITH: I AGREE WITH THE MAYOR.

MAYOR GARCIA: OKAY. THERE'S A MOTION AND A SECOND ON THE TABLE. THIS WOULD REQUIRE FIVE VOTES TO — TO PASS. ALL THOSE IN FAVOR OF THE MOTION SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO?

NO.

MOTION FAILS ON A VOTE OF 4 TO 3, AND NOW WE ARE BACK TO THE MOTION WITHOUT THE MODIFICATION, WITHOUT THE AMENDMENT. THAT'S TO APPROVE ZONING RECOMMENDATIONS AS AMENDED BY ADMINISTRATIVE CHANGES DESCRIBED IN ATTACHMENT L EXCEPT FOR THE PROPERTY WITH THE VALID PETITION. I WILL ENTERTAIN A MOTION ON THAT ITEM.

SLUSHER: THERE WERE FOUR IN FAVOR.

GRIFFITH: SO MOVE, MAYOR.

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

AYE.

OPPOSED, NO.? MOTION CARRIES ON A VOTE OF 7 TO 0. AT LEAST I DIDN'T HEAR ANY NAY VOTES. THEN THE VALID PETITION ITEM IS TRACT N, SOUTHERN UNION GAS PROPERTY, 201 EAST KOENIG LANE. THE OWNER REQUESTS THREE USES, AUTOMOTIVE SALES, CONSTRUCTION SALES AND SERVICES. AND CONVENIENCE STORE TO REMAIN PERMITTED USES ON THE SITE. THE NEIGHBORHOOD HAS MET WITH THE PROPERTY OWNER TWICE AND HAS NOT SUPPORTED THE CHANGE. SO — SO THE — TO — EXPLAIN TO ME AGAIN WHAT THE ZONING CHANGE IS ON THIS ONE.

THE SOUTHERN UNION GAS PROPERTY IS TRACT 10 ON KOENIG LANE. IT'S CURRENTLY ZONED CS. THE PROPOSAL WOULD BE TO REZONE IT TO CS-MU-CO-NP. CS WITH MIXED USE COMBINING DISTRICT, CONDITIONAL OVERLAY MAKING ABOUT 8 OR 9 USES CONDITIONAL, NOT PROHIBITING ANY USES AND THE NAIGD PLAN COMBINING DISTRICT FOR THE MIXED — NEIGHBORHOOD PLAN COMBINING DISTRICT FOR THE BUILDING. SOUTHERN UNION GAS IS THE TENANT, NOT THE OWNER, BUT THEY APPARENTLY HAVE A 20 YEAR LEASE WITH THE OWNER. THE CONDITIONAL OVERLAY WOULD NOT AFFECT THE ABILITY THE SOUTHERN UNION GAS TO CONTINUE THEIR OPERATION OR TO EXPAND IT. IT WOULD NOT MAKE THEM A NON-CONFORMING USE. THE PROPERTY OWNER EXPRESSED CONCERNS ABOUT THINGS THAT HE MIGHT WANT TO DO IN THE FUTURE. NO REAL CLEAR OR SOLID PLANS, BUT THREE OF THE USES THAT THE OWNER IDENTIFIED THAT — THAT HE WOULD LIKE PERMITTED WERE AUTO SALES, CONSTRUCTION SALES AND SERVICES AND CONVENIENCE STORAGE. AND AS IT'S NOTED BELOW, SOME MEMBERS OF THE PLANNING TEAM MET PRIVATELY WITH THE PROPERTY OWNER AND THEN THE ENTIRE PLANNING TEAM MET WITH THE PROPERTY OWNER. MADE A PROPOSAL AND IN BOTH CASES THE PLANNING TEAM VOTED UNANIMOUSLY TO STICK WITH THEIR ORIGINAL RECOMMENDATION.

MAYOR GARCIA: IS THERE A MOTION ON THIS ITEM? MAYOR PRO TEM? I SAW YOU REACH FOR THE ON BUTTON.

GOODMAN: YEAH, I'M NOT QUITE SURE HOW TO PHRASE THIS. BUT I WOULD MOVE INCLUSION AS — AS RECOMMENDED BY THE PLAN. I'M NOT SURE HOW TO SAY THAT CORRECTLY.

YEAH, YOU COULD JUST SAY YOU MOVE APPROVAL OF THE ZONING FOR TRACT 10 AS APPROVED IN THE FIRST READING.

GOODMAN: OH, OKAY. AS IN THE FIRST READING.

MAYOR GARCIA: MOTION, MOTION BY THE MAYOR PRO TEM. IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. I DON'T HAVE ANYBODY SIGNED UP TO SPEAK ON THIS ITEM. DO YOU GUYS HAVE ANYTHING TO SAY ON IT? ONE OF YOU ONLY. SEE HOW FLEXIBLE I'M BEING TODAY.

THANK YOU. I ADMIRE YOUR STAMINA, ACTUALLY. THE FACT THAT WE HAVE SPOKEN BOTH PUBLICLY, OFF LINE ON THE PHONE, IN THE PARKING LOT, PROBABLY SIX OR SEVEN TIMES WITH EITHER THE OWNER OR REPRESENTATIVES AND THEY ARE NOT HERE TONIGHT, I THINK INDICATES THEY REALIZE THEY CAN WORK WITH US. WHEN THEY FINALLY DO HAVE SOMETHING CONCRETE. BUT RIGHT NOW IT JUST SORT OF VAGUE, WELL, WE MAY WANT TO DO AUTO SALES IN 15 YEARS, WHO KNOWS? BUT WE HAVE WORKED CONSISTENTLY WITH BUSINESSES, LEIF JOHNSON, FOR EXAMPLE, WE ARE FLEXIBLE, APPROACHABLE, WE HAVE OUTREACH, SO WE FEEL LIKE WE SHOULD INCLUDE THIS TRACT AND THAT WHEN THE TIME COMES WE CAN WORK WITH THIS BUSINESS.

MAYOR GARCIA: OKAY. THERE'S A MOTION AND A SECOND. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. AND THAT'S THE END FOR ITEM NO. 31. NOW, WE GO TO THE 6:00 P.M. PUBLIC HEARINGS UNLESS SOMEBODY STOPS ME AGAIN. DO YOU HAVE ANYBODY HERE ON 61, 62, 63 THAT NEED TO GO HOME? OKAY. PUBLIC HEARINGS. 28 AND 83 ARE POSTPONED. 84. CONDUCT A PUBLIC HEARING TO RECEIVE CITIZEN COMMENTS ON AMENDMENTS TO THE CITY'S 2001-2002 ANNUAL ACTION PLAN REQUIRED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AMENDMENTS TO THE CITY'S 2001-2002 COMMUNITY DEVELOPMENT PROGRAM REQUIRED BY CHAPTER 373, TEXAS LOCAL GOVERNMENT CODE (CODE); THE CITY'S PROPOSED 2002-2003 ANNUAL ACTION PLAN REQUIRED BY H.U.D.

THE HEARING THAT WE ARE CONDUCTING TONIGHT IS TO RECEIVE COMMENTS FROM THE PUBLIC ABOUT THE CITY'S ACTION PLAN FOR FISCAL YEAR 02 AND '03. THE PUBLIC WILL HAVE ANOTHER OPPORTUNITY TO — TO MAKE COMMENTS AT ANOTHER PUBLIC HEARING ON JUNE THE 27th , IN FRONT OF THE COUNCIL. ADDITIONALLY OUR OFFICE ENCOURAGES CITIZENS TO WRITE OUR OFFICE FOR COMMENTS BY JUNE THE 20th . THE ACTION PLAN SERVES AS THE CITY OF AUSTIN'S APPLICATION FOR FUNDS FOR SEVERAL GRANT PROGRAMS FROM THE FEDERAL GOVERNMENT. THESE ARE THE COMMUNITY DEVELOP BLOCK GRANT, THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS. AUSTIN MUST SUBMIT ITS COUNCIL APPROVED PLAN TO H.U.D. EACH YEAR BY AUGUST THE 15th . WE WILL BRING THE FINAL PLAN TO YOU ON AUGUST THE FIRST FOR YOUR APPROVAL SO THAT WE ARE STILL IN THE RECEIVING PUBLIC COMMENTS STAGE HERE. WE ANTICIPATE RECEIVING APPROXIMATELY $13 MILLION IN FISCAL YEAR 02, 03, FROM THE FEDERAL RESOURCES TO ADDRESS THE HOUSING AND ECONOMIC COMMUNITY DEVELOPMENT NEEDS OF OUR CITIZENS. H.U.D. REQUIRES THESE PUBLIC — THAT THE PUBLIC HAVE THE OPPORTUNITIES TO PARTICIPATE IN THE DEVELOPMENT OF THESE ACTION PLANS THROUGH TWO CITY COUNCIL PUBLIC HEARINGS AND THE 30-DAY WRITTEN CITIZEN COMMENT PERIOD. THE CITY OF AUSTIN PROVIDES FURTHER OPPORTUNITIES BY MEETING WITH STAKE OLDERS, VENDORS, CONDUCTING CITIZEN SURVEY AND HOLDING TWO ADDITIONAL PUBLIC HEARINGS WITH THE COMMUNITY DEVELOPMENT COMMISSION. WE ANTICIPATE CULMINATING THIS AS I SAID IN TWO ACTIONS. AS WE HAVE RECOMMENDED AT THIS POINT FROM THE — IN THE PLAN, ONE IS AN ACTION OF REPROGRAMMING A MILLION FROM THE HOMELESS — FROM THE PUBLIC FACILITIES CATEGORY, THE SECOND IS THE ACTION OF APPROVING THE ACTION PLAN FOR NEXT YEAR'S FUNDS AFTER WE RECEIVE PUBLIC COMMENTS WE WILL BE MAKING OUR RECOMMENDATIONS IN THE JULY TIME FRAME. IF THERE ARE NOT ANY QUESTIONS, MAYOR, THEN I THINK THAT WE ARE READY FOR THE PUBLIC COMMENT.

MAYOR GARCIA: OKAY. RANDY PHILLIPS. AND FOLLOWING MR. PHILLIPS IS CHRISTINE GAVARRA. IS SHE HERE? CHRISTINE HERE? IF NOT, SANDRA CHINO. IS SANDRA HERE? MS. CHINO HERE? MR. PHILLIPS, I THINK YOU'RE IT.

MAYOR, COUNCIL.

MAYOR GARCIA: WELCOME, SIR.

THANK YOU. I AM RANDY PHILLIPS, I AM DIRECTOR OF A NON-PROFIT ORGANIZATION IN NORTHEAST AUSTIN CALLED HEART AT HOME. WE HAVE BEEN SERVING EAST AUSTIN FOR OVER 10 YEARS TRYING TO MAKE AN IMPACT IN THE COMMUNITY. I THINK THAT WE HAVE DONE WELL. THE NOW OUR FOCUS TO BUILD AN AMPHITHEATER ON SOME DONATED LAND ON 51st STREET ACROSS FROM ROBERT MUELLER AIRPORT. THIS LAND IS DONATED BY PROMISE LAND CHURCH AND WILL INCLUDE SHARED PARKING FOR EVENTS AT THE AMPHITHEATER. THIS IS A VERY NEEDED SERVICE IN THE COMMUNITY BECAUSE WE WILL BE ABLE TO DO MANY THINGS FOR THE YOUTH, EMPOWERING YOUTH POSITIVELY. IN YOUR PACKET THAT I HOPE THAT YOU HAVE, YOU WILL HAVE LETTERS IN THERE OF RECOMMENDATION FROM THE WINDSOR PARK NEIGHBORHOOD ASSOCIATION, WHO HAVE OVERWHELMINGLY GIVEN US APPROVAL FOR THIS AMPHITHEATER TO BE BUILT. AUSTIN THE AUSTIN POLICE DEPARTMENT, CHIEF KNEE WAS KIND ENOUGH TO GIVE US HIS RECOMMENDATION BECAUSE HE USES OUR FACILITIES FOR HIS CADET GRADUATION. THE CITY OF AUSTIN COMMUNITY DEVELOPMENT DIVISION ALSO SAYS THAT WE MEET THE REQUIREMENT FOR THE LOW, MODERATE INCOME HOUSEHOLD. THOSE THAT WOULD BE IMPACTED IN THE COMMUNITY BY THIS AMPHITHEATER. THIS CAN BE A FANTASTIC THING FOR OUR COMMUNITY. I THINK IT'S NEEDED IN THE COMMUNITY. IT HAS TREMENDOUS POSSIBILITIES AND I WOULD JUST APPRECIATE YOUR SUPPORT IN THE DAYS AHEAD CONCERNING THIS. THANK YOU.

MAYOR GARCIA: THANK YOU, MR. PHILLIPS. CHRISTINE GAVARRA IS FROM ABRP PROGRAM. AND SHE WANTS TO DONATE THE TIME TO RACHEL GONZALEZ. BIBUT RACHEL GONZALEZ IS NOT HERE, DID NOT SIGN UP TO SPEAK. SANDRA CHINO IS NOT HERE EITHER. SHE INDICATED SHE DID NOT WISH TO SPEAK. BUT SHE'S HERE FOR — IN FAVOR OF THE ARCHITECTURAL BARRIER REMOVAL PROGRAM OF ABRP. COUNCIL, THAT'S ALL OF THE SPEAKERS THAT WE HAVE ON THIS PUBLIC HEARING. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING, THERE'S NO ACTION ON THIS.

GRIFFITH: SO MOVE.

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

AYE.

OPPOSED, NO. MOTION CARRIES.

FUTRELL: MAYOR, I WAS HOPING TO TRY TO GET THIS IN BEFORE THE PASTOR LEFT, WE SHOULD GIVE HIM OUR CONGRATULATIONS FOR BEING THE ONLY ONE WHO MANAGED TO STAY LONG ENOUGH FOR THIS PUBLIC HEARING. HE TOLD ME THAT HE NEVER HAD A SERMON AS LONG AS THIS COUNCIL MEETING HAD BEEN. SO — [BUZZER SOUNDING] [ LAUGHTER ]

MAYOR GARCIA: NUMBER 85 IS TO CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING A USE AGREEMENT OF APPROXIMATELY 6.569 ACRES (286,130 SQUARE FEET) TO ALLOW CONSTRUCTION OF THE CREEK BEND FLOOD CONTROL PROJECT PHASE II THROUGH DEDICATED PARKLAND KNOWN AS WILLIAMSON CREEK............... — THIS IS PURSUANT TO SEC. 26.001 ET SEQ. OF THE TEXAS PARKS AND WILDLIFE CODE. 26.001 AND FOLLOWING. AND WE DON'T HAVE ANY SPEAKERS, BUT I THINK WE MAY HAVE AN EXPLANATION. I SEE MS. PLUMBER COMING UP.

YES, SIR. FIRST IN PARTICULAR ON THIS PUBLIC HEARING I WANT TO MAKE IT CLEAR THAT ON THIS PROJECT ABOUT 6.2 ACRES IS BEING ADDED TO THE PARKLAND. AND THAT WAS PART OF THE PARKS BOARD RECOMMENDATION THAT THAT PROPERTY IS PART OF THE MITIGATION WOULD COME THROUGH. THEY ARE ALSO GOING TO WORK WITH THE PARKS AND RECREATION STAFF ON — ON WHAT THEY ACTUALLY CALL CREEK CROSSINGS. AND WHAT ARE APPROPRIATE WAYS TO HAVE A TRAIL WITH CREEK CROSSINGS. SO AS PART OF THIS, THERE WAS NO OTHER FEASIBLE AND PRUDENT ALTERNATIVE TO THE TAKING OF THE DEDICATED PARKLAND, WHICH INCLUDES ALL PLANNING TO MINIMIZE HARM TO THE PARK.

MAYOR GARCIA: SO WHERE ARE THE 6.2 ACRES COMING FROM?

IT'S ACTUALLY ON THE ADJACENT SIDE, THE NORTH SIDE OF THE EXISTING PARKLAND.

MAYOR GARCIA: SOMETHING THAT WE OWN?

NO IT WAS BOUGHT — THE HOMES THAT WERE FLOODED THAT WE BOUGHT, AS PART OF THOSE PURCHASES THEY ARE BEING ADDED TO THE PARKLAND AS THEIR MITIGATION.

MAYOR GARCIA: OKAY. THAT WAS BOUGHT OUT OF WATERSHED PROTECTION?

YES, SIR.

MAYOR GARCIA: WATERSHED PROTECTION?

THAT WAS A REAL IMPORTANT PART WITH THE PARKS BOARD TO MAKE SURE THAT 6.2 ACRES CAME BACK INTO THE PARKLAND.

MAYOR GARCIA: DO WE HAVE TO REIMBURSE THE DRAINAGE FUND.

THAT'S PART OF THEIR MITIGATION, FOR THE HARM TO THE PARKLAND —

MAYOR GARCIA: WAIT A SECOND. WAIT A SECOND. WE BOUGHT LAND, WE BOUGHT THOSE HOUSES BECAUSE OF THE DAMAGE THAT WAS DONE BY THE FLOODS.

CORRECT.

MAYOR GARCIA: THAT LAND IS NOW BECOMING PART OF THE PARK.

YES.

MAYOR GARCIA: SO BUT THAT LAND WAS BOUGHT WITH DRAINAGE FUNDS.

CORRECT. BUT THAT IS THEIR MITIGATION FOR THE HARM TO THE PARKLAND. THEY ARE MITIGATING FOR THEIR HARM TO THE PARK.

MAYOR GARCIA: OH, OKAY OCTAVIOUS BISHIP. ON SO DRAINAGE FUND HAS TO MITIGATE THE PARKS PARKLAND.

THAT'S CORRECT. EACH OF THESE YOU CAN'T LEASE, SALE OR AILENT PARKLAND.

MAYOR GARCIA: I'M LEARNING. YOU CAN'T, LEASE, SALE OR ALIENATE PARKLAND.

YOUR TRANSACTIONS ARE A LITTLE BIT CONFUSING TO ME, BUT I WILL GET THERE. I THINK THAT I HAVE TO GO TAKE A COURSE IN TRANSACTION ANALYSIS. WE DON'T HAVE ANY SPEAKERS. ARE THERE ANY QUESTIONS FOR MS. PLUMBER? IF NOT I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING IS THAT SO MOVE.

MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER ALVAREZ, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. OPPOSED, NO. MOTION CARRIES. ITEM 86 TO CONDUCT A PUBLIC HEARING AND APPROVE AN ORDINANCE AMENDING THE AUSTIN TOMORROW — WAIT A SECOND. CLOSE THE PUBLIC HEARING. BUT WE CAN'T CONSIDER APPROVING THE USE — APPROVING A USE AGREEMENT OF APPROXIMATELY 6.569 ACRES, SO IS THERE A MOTION TO APPROVE THE USE AGREEMENT? MOTION BY THE MAYOR PRO TEM. DID I HEAR THAT?

GOODMAN: YES.

MAYOR GARCIA: IS THERE A SECOND? I WILL SECOND THAT. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. OPPOSED, NO. MOTION CARRIES. SO THE MOTION TO APPROVE THE USE AGREEMENT IS — IS PASSED ON A VOTE OF 7 TO 0. CLOSING 7-0, APPROVING 7-0. YOU GOT THAT? DID I MOVE TOO FAST. I USUALLY DON'T MOVE THAT FAST.

I GOT IT. OLD PEOPLE DON'T MOVE THAT FAST. 86. CONDUCT A PUBLIC HEARING AND APPROVE AN ORDINANCE AMENDING THE AUSTIN TOMORROW COMPREHENSIVE PLAN, BY AMENDING THE 2025 AUSTIN METROPOLITAN AREA TRANSPORTATION PLAN (AMATP) TO DELETE FROM THE PLAN DUVAL ROAD, FROM US 183(N) TO LOOP 1 (N), AND NORTHEAST DRIVE, FROM US 290(E) TO MANOR ROAD. THESE ROADS WOULD REMAIN AS CURRENTLY CONFIGURED, AS COLLECTOR STREETS, AND WOULD NOT NEED TO APPEAR IN THE PLAN. THIS IS RECOMMENDED BY THE URBAN TRANSPORTATION COMMISSION AND ENVIRONMENTAL BOARD AND PLANNING COMMISSION. MR. LIBRACH? OR DID I CALL THE WRONG PERSON?

NO, YOU CALLED THE RIGHT PERSON. MAYOR, MEMBERS OF THE COUNCIL, THERE WAS SOME AMENDED LANGUAGE READ EARLIER IN THE DAY FOR THE CAPTION OF THIS ITEM. IT'S BASICALLY TWO AMENDMENTS TO THE AUSTIN METROPOLITAN TRANSPORTATION PLAN. THE FIRST IS TO LEAVE DUVAL ROAD. A PORTION OF DUVAL ROAD AS IT EXISTS TODAY, A MAD 2 INSTEAD OF AS THE PLAN CURRENTLY CALLS TO ON CHANGE TO A FOUR LANE ROAD, TO LEAVE IT AS A TWO LANE ROAD WITH A CENTER TURN LANE. THE SECOND IS TO REMOVE NORTHEAST DRIVE, FROM THE PLAN, THE OPERATING AS A — AS A MINOR TWO-LANE ROAD, AS A COLLECTOR, AND WE WANT TO KEEP IT THAT WAY, OR WE ARE RECOMMENDING TO KEEP IT THAT WAY. THEREFORE WOULD NOT NEED TO BE IN THE PLAN SINCE COLLECTORS ARE NOT IN THE PLAN. SO THOSE ARE THE TWO AMENDMENTS AT THIS POINT IN TIME THAT WE ARE RECOMMENDING TO COUNCIL.

MAYOR GARCIA: OKAY. WHAT IS THE CAMPO PLAN SAY FOR THIS — FOR THESE ROADS?

THE CAMPO PLAN IS — IS EXACTLY AS THE AUSTIN METROPOLITAN AREA PLAN. SO IT — IT IS NOT — WOULD NOT CHANGE AS A RESULT OF THIS. IT WOULD THEREFORE BE ANOTHER DIFFERENCE BETWEEN OUR PLAN AND THE CAMPO PLAN. THERE ARE FOUR OR FIVE DIFFERENCES NOW BETWEEN THE CAMPO PLAN AND OUR PLAN. AND CAMPO HAS AT THIS POINT DECIDED IN THE NEXT ITERATION, THE NEXT TIME THEY GO THROUGH AN UPDATE, THEY WILL TAKE THESE CHANGES THAT ARE IN OUR PLAN AND CONSIDER THEM. NOT NECESSARILY AGREE WITH US, BUT CONSIDER THEM AT THAT TIME. AS THEY DO THE NEXT ITERATION OF THEIR PLAN.

MAYOR GARCIA: THEY GO ON 290 — I MEAN ON NORTHEAST DRIVE FROM 290 TO MANOR ROAD, WHY DIDN'T THEY JUST TAKE IT ALL THE WAY TO SPRINGDALE ROAD, THAT'S JUST A LITTLE SMALL PART OF THE ROAD AND THEN NORTHEAST ENDS RIGHT THERE?

I DON'T KNOW THE ANSWER TO THAT, MAYOR. I'M SORRY, I COULD GET THAT FOR YOU.

MAYOR GARCIA: USUALLY THE TRAFFIC — THE HEAVIER TRAFFIC GOES FROM 290 TO MANOR AND THAT — THAT'S MAYBE THE LOAN THAT — MAYBE THE REASON THAT IT'S BEING DONE THAT WAY. BOBBIE HENLEY, FOLLOWING HER KAY — KAY MCLAUGHLIN. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]NO CARRIERRINGCONNECT 2400

OUR FEAR IS IF IT WOULD TURN INTO Ac FOUR-LANE ROADWAY WITH NO LEFT TURNS THAT WE WOULD BE SITTING TO TURN LEFT INTO OUR NEIGHBORHOOD STREETS AND TRAFFIC WOULD BACK UP AND SOMEONE WOULD PROBABLY REAR END US. AND I'VE BEEN IN THAT TYPE OF SITUATION A NUMBER OF TIME AND I DON'T WANT TO SEE THAT HAPPEN TO ANYBODY, ESPECIALLY THAT CLOSE TO MY NEIGHBORHOOD. RIGHT NOW THE EASEMENTS HAVE ALL BEEN TAKEN ON DUVAL ROAD WHEN THEY STRAIGHTENED IT SEVERAL YEARS AGO AND THE SIDEWALKS ARE RIGHT AT CURB SIDE. IF IT WERE TURNED INTO A FOUR-LANE ROADWAY, IT WOULD PUT PEDESTRIAN TRAFFICc RIGHT NEXT TO VEHICLES IN AND THE BICYCLE LANES WOULD HAVE TO BE ELIMINATED. PLEASE HELP US KEEP DUVAL ROAD THE WAY IT IS, WHICH IS A TWO-LANE ROADWAY DIVIDED BY A CONTINUOUS LEFT TURN. THANK YOU.c

MAYOR GARCIA: THANK YOU. DEE MCCLUNG. SHE DOES NOT WISH TO SPEAK. IS REGISTERED IN FAVOR OF. MR. JIM WALKER IS REGISTERED NOT WISHING TO SPEAK, IN FAVOR OF. I THINK THAT'S IN REGARDnr TO THE HIGHWAY 290. WILL BOSEMAN, NOT WISHING TO SPEAK AND REGISTERED IN FAVOR OF THE AMENDMENT OF DUVAL ROAD AND NORTHEAST DRIVE DESTINATIONS. DAVID SMITH IS REGISTERED NOT WISHING TO SPEAK, IN FAVOR OF. CLAIRE BERRY NOT ISSUE WITHING TO SPEAK, IS REGISTERED IN FAVOR OF. AND FORMER COUNCILMEMBER LARRY DUSER WISHES TO SPEAK. WELCOME, COUNCILMEMBER.c

THANK YOU, MAYOR. AND IN KEEPING WITH THEc OCCASION, I BROUGHT ALONG 10 PAGES OF NOTES TO SPEAK ON AND I HAVE 15 PEOPLE DONATING THEIR TIME TO ME.

MAYOR GARCIA: YOU ONLY HAVE THREE MINUTES.

THANK YOU. I HOPE TO GIVE YOU SOME CHANGE BACK. GOOD EVENING THANK YOU FORc SERVING THE CITY OF AUSTIN. AND BEVERLY GRIFFITH, WE'LL MISS YOU. AND WE WISH YOUR REPLACEMENT WELL, BUT YOU WILL BE HARD TO REPLACE, BEVERLY. DUVAL ROAD IN THIS AREA IS VERY SPECIAL BECAUSE OVER THE YEARS, THROUGH THE WISDOM OF COUNCILS, STARTING BACK IN THE '72 TIME FRAME WHEN I FIRST MOVED INTO MY ONLY HOUSE I'VE EVER OWNED IN '71, HAVE MADE DECISIONS WHICH HAVE KEPT IT RESIDENTIAL AND KEPT IT ALSO AN AREA WHERE CHURCHES CAN BE BUILT BECAUSE THE LAND WAS AVAILABLE AND ZONED. ANOTHERc SIGNIFICANT THING IS WHEN THE CITY REBUILT THE ROAD, THEY FELT BUILT AT A SIZE OF 44 FEET. AN EXAMPLE OF A 44-FOOT FOUR-LANE ROAD IS KOENIG LANE BETWEEN BURNET ROAD AND LAMAR. AND TO GIVE YOt AN IDEA OF WHAT HAPPENED IF YOU DO FOUR LEFT-FOOT LANES THAT ARE SUBSTANDARD FROM THE TRANSPORTATION STANDPOINT. THE MINIMUM THEY LIKE IS 12. SO THE ROAD IS STRIPED, HAS BEEN SURFACED EVER SINCE IT HAS BEEN REBUILT. AND AS MENTIONED, THERE'S NO RIGHT-OF-WAY UNLESS YOU START TAKING OUT TREES AND TAKING PORTIONS OF PEOPLE'S DRIVEWAYS, WHICH ARE HARDLY LONG ENOUGH TO CONTAIN THEIR FULL-SIZE CARS PRESENTLY. SIDEWALKS ARE ADJACENT TO IT THE EDGE OF IT, SO IN THE WISDOM OF THEc PAST, WE WOULD LIKE TO RECOMMEND THAT YOU KEEP THISc STREET WITH A CONTINUOUS CENTER TURNc LANE, WHICH ENABLES PEOPLE TO GET IN AND OUT, ENABLES THE FIRE TRUCKS TO GET IN AND OUT, ENABLES THE PEOPLE AT THE ELEMENTARY SCHOOL TO GET IN AND OUT AND THE PEOPLE AT THE VARIOUS CHURCHES VOTING, WE HAVEc TWO PRECINCTS THAT VOTE ON DUVAL ROAD IN THAT STRETCH. SO WE APPRECIATE YOUR SUPPORT, WE APPRECIATE THE STAFF'S HELP AND SUPPORT IN FOLLOWING THROUGH, AND I'M JUST HEAR TO ASK YOUc TO CONTINUE HELPING OUR NEIGHBORHOOD. THANK YOU.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. THAT'S ALL THE SPEAKERS WE HAVE. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.c AND LOANING WITH THAT, INCLUDEc THE — ALONG WITH THAT INCLUDE APPROVING THE ORDINANCE FROM AMATP. IS THERE A SECOND TO CLOSE THE PUBLIC HEARING? SECOND BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE? DISCUSSION YOU'RE GETTING OFF EASY.

APPRECIATE YOU MAYOR.

MAYOR GARCIA: ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THAT'S ALL THE PUBLIC HEARINGS WE HAVE. NOW WE'RE BACKc TO ITEM NUMBER 24, COUNCILMEMBER SLUSHER.

THANK YOU, MAYOR. I THINK ALL THE FIRMS THAT ARE ONc THE LIST THAT THE CITY ATTORNEY HAS GIVEN OUT, I THINK ALL OF THEM ARE VERY WELL QUALIFIED AND COULD HANDLE THISc JOB. I'M CONCERNED, THOUGH, ABOUT WHEN THE RECOMMENDED ONES HAS SOME CLIENTS THAT ARE REPRESENTING FOLKS THAT ARE NOT ADVERSARIAL IN THE LEGAL TERM, NOT IN A CONTENTIOUS ADD VER SAIRL POSITION, BUT REPRESENT PEOPLE THAT THE CITY HAS TO REPRESENT SOMEONE ON THE OTHERc SIDE OF THE DEAL. AND I THINK THE FIRM CAN BUILD A FIRE WALL AROUND THAT, BUT I'M WONDERING IF YOU DON'T HAVE TO DO THAT, WHY SHOULD YOU? AND I WANTED TO ASK THE CITY ATTORNEY, IS THEREc ANYONE ON THE LIST THAT DOESN'T HAVE THAT KINDc OFc ENTANGLEMENT?

THERE IS ANOTHER LAW FIRM THAT WAS PROBABLY NEXT HIGHEST IN OUR OVERALL ASSESSMENT OF THE LAW FIRMS THAT PROPOSED ON THE PROJECT WHO HAD THE LEAST AMOUNT OF ENTANGLEMENTS IN TERMS OF REPRESENTING OTHER CLIENTS WHO MIGHTc BE SEEKING SOME KIND OF ACTION BEFORE THE CITY OR NEGOTIATING WITH THE CITY. I'D LIKE TO JUST POINT OUT, THOUGH, BEFORE I NAME THAT FIRM THAT THE REVIEW TEAM, WHICH INCLUDED MYSELF, SUE EDWARDS AND ALLISON GALLOWAY OF THE LAW DEPARTMENT, DISCUSSED THE REPRESENTATION THAT JACKSON WALKER IS DOING CURRENTLY WITH AMLI, AND THEY CAME UP WITH AN APPROACH AS TOc HOW THEY WOULD PROPOSE TO DEAL WITHc THE — OWE AVOIDING A CONFLICT IN THEc RMMA PROJECT. THEY PROPOSE TO PUT UP A CHINESE WALL, WHICH IS A WAY TO SHIELD OFF OTHER — ANY KIND OF COMMUNICATION WITH THE LAWYER WHO IS — I THINK KENT SMITH WHO REPRESENTS AMLI. AND IT WOULD NOT ONLY BE A SEPARATION OF DOCUMENTS, PHYSICAL DOCUMENTS, BUT ALSO ELECTRONICALLY THEY COULD DO THAT. HOWEVER, HAVING SAID THAT, EVEN THOUGH I WAS COMFORTABLEc WITH THAT, I RECOGNIZE THAT AS A LAWYER I NEED TO LISTEN TO MY CLIENT. AND MY CLIENT GOES BEYOND THE KEY MANAGEMENT STAFF. THAT INCLUDES THE CITY COUNCIL. SO IF THE COUNCIL IS UNCOMFORTABLE WITH THE REPRESENTATION THAT IS ONGOING THAT JACKSON WALKER HAS OF AMLI, THEN IT WOULD BE APPROPRIATE TO LOOK AT ANOTHER FIRM. AND THAT FIRM WOULD BE THOMPSON AND KNIGHT, WHO DOES NOT REPRESENT ANY OTHER CLIENT BEFORE THE CITY OF AUSTIN.

SLUSHERc: AND HAVEN'T THEY ON PREVIOUS JOBS SAID THEY WOULDN'T DO SO EITHER; IS THAT CORRECT?

THEY HAVE REPRESENTED IN THEIR PROPOSAL, AND OF COURSE ITS BORNE OUT IN THE PAST YEARS, THAT THEY WOULD AVOID REPRESENTING OTHER CLIENTS WHO WOULD BE SEEKING ANY KIND OF REGULATORY ACTION OR NEGOTIATING WITH THE CITY.

SLUSHER: MAYOR, I REALLY RESPECT THE CITY ATTORNEY'S RECOMMENDATIONS. I THINK I WOULD MOVE, THOUGH, TO — OKAY, OKAY. I'LL WAIT.

MAYOR GARCIA:c MR. TAYLOR AND MR. JERRY WEBERMAN. THOSE ARE THE SPEAKERS.

MAYOR, MAYOR PRO TEM, COUNCILMEMBERS. MY NAME IS TIM TAYLORMENT I'M A PARTNER AT JACKSON WALKER. WE'RE VERY HONORED TOc HAVE GOTTEN THE RECOMMENDATION FROM THE REVIEW TEAM TO BE SELECTEDc TO REPRESENT THE CITY ON ROBERT MUELLER REDEVELOPMENT. THAT PARTICULAR PROjCT IS ONE THAT I THINK WAS INCREDIBLY IMPORTANT TO THE CITY OF AUSTIN AND ONE THAT HAS HAVING LIVED IN AUSTIN FOR 20 YEARS NOW AND HAVING PRACTICED LAWc FORc 17, THAT I'M VERY EXCITED TO BE INVOLVED IN. I WANTED TO MAKE SURE THAT EVERYBODY WAS FOLLOW WITH WHO WE ARE. JACKSON WALKER HAD COME TO AUSTIN A FEW YEARS AGO, BUT MOST OF THE FIRM IS THE OLD SMALL, CRAIG AND WERK INCONTINUE FIRMMENT WE CONTINUE TO SERVE THIS COMMUNITY AND HELPc MAKE AUSTIN THE PLACE IT IS TODAY, FROM SENATOR SMALL AND SENATOR HERRING, WHO WAS IN CHARGE OF THE LCRA, AND ED SMALL ON THE SCHOOL BOARD, CLINT SMALL. WE CONTINUE THAT TRADITION TODAY OF BEING INVOLVED IN THIS CITY AND TRYING TO DO THE RIGHT THING AND MAKE SURE THINGS GO WELL. THAT'S PART OF THE ONE OF THE REASONS WE WANT THIS. WE ALWAYS LOOK FOR GREAT LEGAL WORK. THIS HAS GOT TO BE ONE OF THE MOST EXCITING DEALS AUSTIN HAS DONE IN A LONG TIME AND WE WANT TO BE A PART OF IT. WE THINK WE CAN PROVIDE EXCELLENT, IF NOT THE BEST REPRESENTATION YOU CAN GET TO DO THIS DEAL. JERRY AND I ARE BOTH GOING TO BE THE KEY ATTORNEYS INVOLVED IN IT. WE BOTH HAVE 17 YEARS OF EXPERIENCE PRACTICING REAL ESTATE LAW IN AUSTIN, TEXAS. WE KNOW THE FOLKS HERE, WE KNOW HOW TO DEAL WITH THIS KIND OF SITUATION. I BELIEVE THAT COUNCILMEMBER SLUSHER HAS RAISED A CONCERN WHICH I POSITIVES IS A VALID CONCERN. IT'S NOT A LEGAL CONFLICT. AND WHAT WE PROPOSED IS ISOLATE OFF ANY ISSUES IN THAT REGARD. AND WE BELIEVE THAT IT WILL NOT IN ANY WAY, IN ANY FASHION IMPAIR OUR REPRESENTATION TO THE CITY. AS YOUR ATTORNEYS WE WOULD BE REQUIRED TO BE A ZEALOUS ADVOCATE FOR THE CITY IN THE REPRESENTATION. AND I CAN ASSURE YOU THAT WE WOULD MORE THAN LIVE UP TO ZEALOUS ADVOCACY ON BEHALF OF THE CITY OF AUSTIN, PROVIDED WE'RE SELECTED TO DO THIS. AND WE WOULD ASK FOR Y'ALL'S SUPPORT TO DO THIS. WE WANT TO BE THE CITY'S ATTORNEY ON THIS DEAL. AND WORK WITH ALL OF Y'ALL TO MAKE ROBERT MUELLER THE BEST DEVELOPMENT, URBAN REDEVELOPMENT THAT THIS COUNTRY HAS EVER SEEN. AND I THINK WE CAN DO THAT. I'VE GOT GOOD EXPERIENCE IN TED, LOTS OF EXPERIENCE IN LAND ACQUISITION AND DISPOSITION. SEVERAL OTHER THINGS I CAN FILL YOU IN ON. I'M GOING RESERVE A FEW MINUTES OR MY 30 SECONDS FOR QUESTIONS. I'LL LET MY PARTNER, JERRY WEBER SPEAK.

MAYOR GARCIA: THANK YOU, MR. TAYLOR. JERRY WEBERMAN. WELCOME.

WITHOUT REITERATING THE THINGS THAT MR. TAYLOR SAID, I JUST WANT TO ALSO EXPRESS OUR GRATITUDE FOR THE COUNCIL AND WITH THE STAFF'S RECOMMENDATION FOR OUR FIRM. WE ARE I GUESS PRIMARILY REAL ESTATE LAWYERS. WE'VE DONE OBVIOUSLY A LOT OF DEVELOPMENT WORK, BUT OUR REAL ESTATE EXPERIENCE REALLY GOES BEYOND THAT. IT ALSO INCLUDES MUCH CONSERVATION WORK. WE'VE BEEN VERY INVOLVED IN PROPOSITION 2 IN AUSTIN. AND OTHER THAN THAT, WE'RE JUST HERE TO RESPOND TO ANY QUESTIONS YOU MIGHT HAVE WITH RESPECT TO REPRESENTATION.

MAYOR GARCIA: THANK YOU. THAT'S ALL THE SPEAKERS I HAVE. IS THERE ANY QUESTIONS FOR EITHER MR. TAYLOR OR MR. WEBERMAN?

THOMAS: COULD THE CITY ATTORNEY — I HAVE A QUESTION — I WAS CONCERNED ABOUT THAT THE COUNCILMEMBERS HAVE, WHAT YOU WERE TALKING ABOUT, THE CONFLICT OF INTEREST.

YES. JACKSON WALKER REPRESENTS AMLI IN THE RETAIL PIECE OF THE REDEVELOPMENT OF DOWNTOWN. THE CITY HAD CONTRACTED WITH AMLI TO DO THE RETAIL PIECE OF THE DOWNTOWN REDEVELOPMENT. SO WE ARE IN AN ARM'S LENGTH NEGOTIATING POSITION WITH AMLI. JACKSON WALKER WOULD HAVE AN OBLIGATION TO LOOK OUT FOR AMLI'S INTEREST IN THAT PARTICULAR NEGOTIATION. THE CITY IS REPRESENTED BY A WOMAN NAMED HARRIET TAUB OUT OF A DALLAS LAW FIRM. WE HAVE OUTSIDE COUNCIL COUNSEL IN THAT PARTICULAR NEGOTIATION.

MAYOR GARCIA: THANK YOU. COUNCILMEMBER SLUSHER?

SLUSHER: YES, MAYOR. I'VE ALREADY TOLD YOU THIS. WHAT I WAS GOING TO SAY, COUNCILMEMBER, IS THAT I THINK — I WOULD TRUST THEM TO BUILD A KIND OF WALL, BUT I DON'T SEE WHY YOU NEED TO, WHY YOU SHOULD IF YOU DON'T HAVE TO. AND WE HAVE ANOTHER FIRM THAT HAS SEVENED THE CITY WELL THAT HAS COME IN SECOND. AND THAT IT ISN'T GOING TO END UP BEING IN A POSITION, SO WE WOULDN'T HAVE TO BE CONCERNED ABOUT THAT. SO I WOULD MOVE TO APPROVE THOMPSON AND KNIGHT.

MAYOR GARCIA: OKAY. THE MOTION BY COUNCILMEMBER SLUSHER IS TO SELECT THE FIRM OF THOMPSON AND KNIGHT. DO WE HAVE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: MR. JEFFERSON, WHEN COUNCILMEMBER SLUSHER ASKED YOU ABOUT THIS ISSUE, YOU USED THE WORD PROBABLY THE NEXT HIGHEST TRAINED FIRM. IS THOMPSON AND KNIGHT THE SECOND RANKED FIRM OR NOT.

ACTUALLY, IT WAS THE SECOND RANKED FIRM. WHEN WE DISCUSSED WHO THE TOP ONE WAS, WE ALL CAME IN WITH JACKSON WALKER. WE ALL RECOGNIZED THERE WERE SOME ISSUES WE NEEDED TO DISCUSS WITH THEM FURTHER AND THAT IS HOW THEY WERE GOING TO HANDLE THE AMLI REPRESENTATION. WE ALSO ASKED QUESTIONS ABOUT THEY HAVE A PRIMARY CLIENT, MILBURN, AND WE WANTED TO ASK ABOUT HOW — IF MILBURN WERE TO BECOME A PART OF THE ARM MEANT PROJECT, HOW THEY WOULD HANDLE THEIRc REPRESENTATION OF MILBURN. AND SO AT THAT POINT IN TIME WE HAD ALREADY IDENTIFIED THOMPSON AND KNIGHT AS OUR BACKUP IF JACKSON WALKER COULD NOT WORK OUT TO OUR SATISFACTION.

WYNN: WELL, I THINK I JUST HAVE A PHILOSOPHICAL DISAGREEMENT WITH COUNCILMEMBER SLUSHER IN THAT, FRANKLY, I WOULD WANT MY ATTORNEY TO HAVE A LOT OF DEVELOPMENT EXPERIENCE AND A LOT OF DEVELOPER EXPERIENCE. THEY'RE GOING TO BE REPRESENTING US SITTING ACROSS THE TABLE FROM, YOU KNOW, A GOOD, BIG, LAW FIRM THAT WE KNOW WELL AND CAN TELL US THAT IT IS A VERY GOOD, SAVVY DEVELOPER. AND I'M VERY FRANKLY, ALL FOR THE CITY HAVING THAT SAME MENTALITY AND RESOURCES LEGALLY. AND SO I JUST — I MEAN, I WOULD DEFER TO THE CITY ATTORNEY AND THE CITY STAFF'S CHOOSING THE HIGHEST QUALIFIED FIRM, KNOWING EXACTLY WHAT THIS ISSUE IS GOING TO BE. AND SO I — I UNDERSTAND FILL SO FAR CLI THE ISSUE, BUT I THINK WE NEED TO HAVE AS MUCH DEVELOPMENT EXPERIENCE ON OUR LEGAL TEAM AS THE OTHER GUYS ARE GOING TO HAVE, SO I WILL BE VOTING AGAINST THIS — THE ALTERNATE. AND IN FACT I'LL MAKE A SUBSTITUTE MOTION THAT WE STICK WITH THE STAFF'S RECOMMENDATION OF JACKSON WALKER.

MAYOR GARCIA: SUBSTITUTE MOTION BY COUNCILMEMBER WYNN FOR STAFF RECOMMENDATION. IS THERE A SECOND?

GRIFFITH: I'LL SECOND THAT WITH A COMMENT, PLEASE.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH SECONDED THE MOTION. I'LL RECOGNIZE HER FOR A COMMENT.

GRIFFITH: YES. ONE OF THE SCENES THAT WE HAVE HELD TIGHT TO THROUGHOUT THE YEARS THAT WE'VE WORKED ON ROBERT MUELLER IS WE WANT THE BEST. AND — FOR ROBERT MUELLER. WE WANT THE BEST FOR THOSE NEIGHBORHOODS, WE WANT THE BEST FOR EAST AUSTIN. AND I FEEL LIKE STAFF HAS TOLD US THAT THEY THINK ONE PARTICULAR GROUP IS THE BEST. AND SO I WILL SECOND THAT CHOICE. I'M WONDERING IF THERE'S ANY KIND OF COMMENT THAT MR. TAYLOR WOULD LIKE TO MAKE ABOUT THE CHALLENGE THAT'S BEEN MADE. HOW CAN WE EFFECTIVELY DO THE FIRE WALL?

THANK YOU, COUNCILMEMBER GRIFFITH. I WOULD LIKE TO RESPOND TO THAT. AS WITH MOST LARGE FIRMS, THESE KIND OF ISSUES COME UP ON A REGULAR BASIS. EVERYBODY DEALS WITH IT. WE'VE DEVELOPED A SYSTEM THAT WE'VE HAD TO USE A FEW TIMES ON LITIGATION, AND IT OFTEN ARISES WHEN WE HIRE A NEW LAWYER OR BRING IN A GROUP OF LAWYERS THAT THERE WILL BE A CONFLICT WE CAN'T RESOLVE, A REAL CONFLICT OF INTEREST, A LEGAL, ETHICAL CONFLICT OF INTEREST. WHAT WE DO IS THE MANAGEMENT COMMITTEE SENDS OUT A MEMORANDUM TO THE ENTIRE FIRM AND THERE ARE SEVERAL PIECES OF THE PIE, OF THE POLICY. THE FIRST PIECE IS THAT WE DO ESTABLISH, IF REQUESTED BY THE CLIENT, A ROOM THAT HAS A LOCK THAT ALL THE DOCUMENTS ARE KEPT IN, SO THAT THE ATTORNEYS AND PARALEGALS WORKING ON THAT ARE THE ONLY ONES THAT HAVE A KEY TO THE DOOR WHERE THE PHYSICAL DOCUMENTS ARE KEPT. SECONDLY, OUR DOCUMENT MANAGEMENT SYSTEM IS CALLED DOCS OPEN. AND EVERY TIME WE CREATE A DOCUMENT ON THE SYSTEM, THERE'S A PROFILE IN THE SYSTEM THAT WE GO IN AND IT'S GOT A SECURITY SETTING. AND YOU CAN PICK THE USERS ON THE ENTIRE SYSTEM WHO ARE ALLOWED TO HAVE ACCESS TO THAT. TO SO, FOR INSTANCE, IF THIS WAS A COUNCIL DEAL, Y'ALL COULD SAY OKAY, WE DON'T WANT THE MAYOR TO HAVE ACCESS TO THIS DOCUMENT, SO THE OTHER SIX PEOPLE WOULD BE ABLE TO ACCESS IT, BUT MAYOR GARCIA COULDN'T. I'M JUST MAKING UP SOMETHING.

MAYOR GARCIA: THEY DO THAT TO ME ALL THE TIME HERE. DON'T WORRY ABOUT IT. [LAUGHTER].

WE CAN DO THAT. SO IN OUR INSTANCE, IT WOULD ALLOW JERRY AND ME AND ONLY OUR SECRETARIES AND PARALEGALS AND ANY OTHER PEOPLE WORKING TO HAVE ACCESS TO THOSE DOCUMENTS. SO MR. SMITH COULD NOT EVEN OPEN A DOCUMENT INVOLVING THIS TO SEE WHAT'S GOING ON. THIRDLY, THERE'S PART OF THE POLICY IS EVERYBODY'S INSTRUCTED BY MANAGEMENT COMMITTEE THAT IF, FOR INSTANCE, JERRY AND I WERE DISCUSSING THIS PROJECT AND MR. SMITH OR SOMEBODY ELSE INVOLVED IN THE AMLI PROJECT WALKED UP, WE'RE TOLD THAT WE MUST IMMEDIATELY STOP TALKING ABOUT IT AND INFORM HIM THAT WE'RE DISCUSSING OUR REPRESENTATION OF THE CITY AND THAT WE'RE GOING TO STOP TALKING ABOUT IT UNTIL HE LEAVES OR ELSE WE'LL CONTINUE OUR CONVERSATION LATER. THERE'S A FEW MORE SMALL DETAILS, BUT AGAIN, I DON'T SEE THAT AS THE CITY'S ISSUE AT ALL. THAT'S SOMETHING WE DO AT OUR COST AND OUR EXPENSE. AND IT'S A BURDEN THAT WE TAKE ON, BUT IT'S ONE WE WOULD HAPPILY TAKE ON FOR THE OPPORTUNITY TO REPRESENT THE CITY OF AUSTIN IN THIS MATTER BECAUSE I THINK IT'S A VERY, VERY IMPORTANT MATTER. AND I THINK WE ARE EXTREMELY WE WILL QUALIFIED IN THIS INSTANCE. TO TRY TO MAKE ROBERT MUELLER A CHANCE TO BE WHAT IT COULD BE, A GREAT URBAN DEVELOPMENT AND A CATALYST FOR T REVITALIZATION OF EAST AUSTIN.

I THINK ONE ADVANTAGE THAT WE BRING TO THE CITY IS BOTH KEN TAYLOR AND MYSELF ARE LOCAL. WE'RE HERE IN AUSTIN, READILY AVAILABLE TO CITY STAFF AND CITY LEGAL COUNSEL. THE ATTORNEY'S OFFICE, I BELIEVE IF I'M NOT MISTAKEN, THE ATTORNEYS THAT WOULD WORK ON THIS WOULD EITHER BE INnr DALLAS ORc HOUSTON. I'M NOT AWARE THAT THEY HAVE ANY ATTORNEYS LOCALLY. ON OTHER PROJECTS, THEY STAFF THAT OUTSIDE THE CITY.

MAYOR GARCIA: FURTHER QUESTIONS? THERE'S A SUBSTITUTE MOTION. MAYOR PRO TEM?

GOODMAN: I DON'T HAVE ANY QUESTIONS, MAYOR.

MAYOR GARCIA: COMMENT? I SAW YOUc REACHING FOR THE RED BUTTON.

GOODMAN: I DON'T THINK IT'S A QUESTION OF WHO IS THE BEST HERE ACTUALLY BECAUSE WE HAVE PARTICULAR ENDEAVOR, IT'S NOT YOUR NORMAL CONTRACT. IT HAS A WHOLE LOT OF HISTORY BEHIND IT, A WHOLE LOT OF PROCESS. THAT IS NOT I DON'T THINK ENTIRELY REFLECTED IN THE R.F.P., AND I THINK PERHAPS THERE ARE SEVERAL DIFFERENT VISIONS ON THE DIAS OF WHAT ROLE THE FIRM, THE LEGAL FIRM WILL PLAY. I THINK THE FACT THAT THIS ITEM PROBABLY WOULD HAVE BEEN BETTER POSTED AS SAYING AUTHORIZING NEGOTIATIONS RATHER THAN EXECUTION OF THIS PARTICULAR CONTRACT SINCE IT'S SOMETHING THAT HAS HAD A LOT OF PUBLIC PARTICIPATION UNTIL NOW AND THERE ARE A LOT OF QUESTIONS THAT HAVE COME UP FROM THE PUBLIC THAT ASKED OF ME THAT I COULDN'T ANSWER. AND WHEN I FINALLY GOT THE INFORMATION, IT WAS NOT EXACTLY WHAT I EXPECTED,. FOR INSTANCE, IN THE R.F.P.. AND I THINK IT SURPRISED SOME OTHERS TOO. SO POSSIBLY THE BEST WAY IS THAT WE COULD HAVE WORKED OUT THOSE KIND OF DETAILS AHEAD OF TIME. SINCE IT IS SORT OF EXTRAORDINARY AND JUST IN THE WAY THAT YOU DESCRIBE THIS PROJECT TO TELL YOU HOW EXTRAORDINARY IT IS IN THAT THE POSTING IS CUSHION OF A LEGAL SERVICES AGREEMENT, DOT, DOT, DOT, REQUIRED TO FUND LEGAL COSTS ASSOCIATED WITH THE EXCLUSIVE NEGOTIATION AGREEMENT AND THE OVERLAPPING COMPLEXITY THERE SHOULD TELL YOU THAT THEY'RE A SPECIAL CASE. AND IN THAT CONTEXT, EACH OF THE FIRMS WHO SUBMITTED HAVE DIFFERENT STRENGTHS, WITH EACH OF THE BEST IN THEIR PARTICULAR ROLE.

SLUSHER: MAYOR? I JUST WANTED TO OWE MY UNDERSTANDING IS THERE WILL BE A LOCAL ATTORNEY WHO WILL VERY WELL RESPECTED AT THOMPSON AND KNIGHT THAT WILL BE THE LEAD ATTORNEY ON THIS.

KENT HOUSER WOULD BE THE LEAD ATTORNEY FROM AUSTIN. HE'S REPRESENTED THE CITY ON OTHER MAJOR PROJECTS, ALONG WITH COUNSEL FROM THE AFFILIATE OFFICES.

SLUSHER: THANK YOU.

MAYOR GARCIA: THERE'S A MOTION ON THE TABLE — [INAUDIBLE]. MOTION ON THE TABLE IS A SUBSTITUTE MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH TO SELECT THE RECOMMENDED FIRM. IS THERE ANY OTHER DISCUSSION?

THOMAS: YES, ONE MORE QUESTION.

MAYOR GARCIA: COUNCILMEMBER THOMAS.

THOMAS: BETWEEN THE TWO OF YOU YOU HAVE 17 YEARS EXPERIENCE. IS THAT EACH?

I GRADUATED IN 199585 FROM U.T.. 17 YEARS — 1985. 17 YEARS AND LOTS OF MILES.

THOMAS: THANK YOU.

MAYOR GARCIA: FURTHER QUESTIONS? DISCUSSION? ALL THOSE IF FAVOR OF THE SUBSTITUTE MOITION, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO?

MAYOR GARCIA: OKAY. IN FAVOR OF THE SUBSTITUTE MOTION, ONE MORE TIME. ALL THOSE IN FAVOR OF THE SUBSTITUTE MOTION, INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO.

NO.

GOODMAN: AND I'M ABSTAINING.

MAYOR GARCIA: THE MOTION FAILS ON A VOTE OF THREE TO THREE — THREE TO THREE TO ONE. THREE TO THREE AND ONE. THE MAYOR PRO TEM IS ABSTAINING. WE'RE BACK TO THE MAIN MOTION. DISCUSSION ON THE MAIN MOTION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO.

NO.

MAYOR GARCIA: THE MOTION PASSES ON A VOTE OF FOUR-THREE. I THINK COUNCILMEMBER GRIFFITHS WYNN AND THOMAS VOTED NO. FOUR TO THREE WITH COUNCILMEMBERS GRIFFITH, WYNN AND THOMAS VOTING NO. ITEM 47, COUNCILMEMBER ALVAREZ? OR MAYBE I'LL RECOGNIZE THE CITY MANAGER.

ALVAREZ: YES, MAYOR. THIS ONE — I HAD SOME QUESTIONS THAT I HAVE BEEN DISCUSSING WITH STAFF THAT HAVE BEEN RELATED TO SOME OF THE BUDGET DISCUSSIONS THAT WE'VE HAD IN TERMS OF FOR NEXT YEAR HOW WE'RE GOING TO DEAL WITH THE LEASE AND PURCHASES. AND I KNOW LAST WEEK AND THIS WEEK WE PUT SOME ITEMS ON THE AGENDA TO PURCHASE VEHICLES, AND WE HAD TALKED VAGUELY THAT THIS YEAR I THINK THE STAFF WAS ALSO LOOKING TO MINIMIZE IMPROVEMENTS IN THE VEHICLE PURCHASES. I WAS JUST WONDERING IF THE CITY MANAGER COULD JUST OUTLINE I GUESS WHAT THE STRATEGY HAS BEEN THIS YEAR AND HOW THIS ACTUALLY WAS CONSIDERING. AND I DO WANT TO APOLOGIZE TO THE PERSONS WHO HAVE HAD TO WAIT ALL THIS TIME, FOR KEEPING YOU ON THE DIAS ALL THIS TIME. BUT REALLY THAT'S JUST — WE'RE ALL IN A BUDGET MODE AND I'M JUST WONDERING HOW THIS COMES TOGETHER WITH THE DISCUSSIONS WE'RE HAVING.

IT'S A VERY TIMELY QUESTION. THOSE OF YOU WHO HAVE BEEN FOLLOWING OUR BUDGET DILEMMA KNOW THAT NEXT YEAR ONE OF THE IDEAS, ONE OF THE WAYS WE ARE LOOKING TO CLOSE OUR GAP IS TO BASICALLY CUT OUR FLEET INVESTMENT BY 50%. SO COUNCILMEMBER ALVAREZ'S QUESTION IS, AS IT RELATES TO THIS YEAR'S SAVINGS, IS ALSO APPLYING TO NEXT YEAR'S GAP. HOW HAVE WE SCRUBBED AND LOOKED AT OUR FLEET EXPENDITURES. AND WE HAVE REDUCED OUR FLEET EXPENDITURES THIS YEAR. THOSE REDUCTIONS ARE PART OF OUR SAVINGS GOALS. THIS SHOULD BE THE LAST ITEM THAT YOU SEE FOR VEHICLES FOR THE REST OF THIS FISCAL YEAR, WITH POSSIBLY TWO BUCKET TRUCKS WHICH WE ARE EVALUATING RIGHT NOW. OUTSIDE OF THOSE TWO, WE SCRUBBED THE REMAINING REQUEST FOR VEHICLES. WE BELIEVE THAT THIS IS IT. AND ALL REMAINING WILL ROLE OVER TO NEXT YEAR. SO OUR DECISIONS THIS YEAR ON VEHICLES IS PART OF HOW WE ARE ABLE TO CUT 50% OF THE FLEET BUDGET NEXT YEAR. WITH THIS PURCHASE WE BELIEVE WE'RE GOING TO BE IN A POSITION WHERE ONLY PUBLIC SAFETY VEHICLES ARE GOING TO BE PURCHASED NEXT YEAR, AND THAT ALLOWS US TO DO THE 50% CUT.

DOES THAT HELP, COUNCILMEMBER?

ALVAREZ: AND ALSO IN THIS PARTICULAR PURCHASE, A LOT OF IT IS FROM THE ENTERPRISE FIRM?

ACTUALLY, THAT'S A GOOD POINT. PROBABLY ONLY HALF OF IT IS — MORE THAN HALF OF IT IS ENTERPRISE, SOLID WASTE SERVICES AND OTHER UTILITY VEHICLES. SO NOT AFFECTING THE GENERAL FUND. BUT OUT OF THE FLEET FUND, WHICH DOES AFFECT THE GENERAL FUND COMPONENT, WE HAVE ABOUT HALF OF THIS, SO A LITTLE OVER 300,000. MANY OF THOSE VEHICLES ARE, I BELIEVE, FOR CODE ENFORCEMENT OFFICERS, AND SOME ARE IN A CENTRAL POOL THAT ALL DEPARTMENTS WILL BE ABLE TO PULL FROM. AND HOPEFULLY WITH THIS INVESTMENT WE ARE SET — WE HAVE SET THE STAGE TO BE ABLE TO NOT USE GENERAL FUND REPLACEMENT VEHICLES NEXT YEAR WITH THE EXCEPTION OF PUBLIC SAFETY.

ALVAREZ: THANK YOU FOR THAT EXPLANATION, CITY MANAGER. AND WITH THAT I WOULD MOVE APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ TO APPROVE ITEM NUMBER 47. IS THERE A SECOND? SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: THE MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. AND I'LL ENTERTAIN A MOTION TO WAIVE THE 10:00 O'CLOCK TIME SO WE CAN DEAL WITH ITEM 61, 62 AND 63. I SECOND THAT MOTION. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. WE'RE NOW PAST 10:00 O'CLOCK, AND 61, 62 AND 63. I THINK THEY ARE THE LAST THREE ITEMS. IS THAT CORRECT?

THEY'RE OUR LAST THREE ITEMS. [LAUGHTER]. GOOD EVENING MAYOR AND COUNCIL. MY NAME IS CHRIS LIP PI WITH THE WATER AND WASTEWATER DEPARTMENT.

MAYOR GARCIA: YOU ALWAYS HAVE TO SAY SOMETHING LIKE THAT.

[INAUDIBLE].

THESE THREE RELATED ITEMS REPRESENT A PROPOSAL TO PURCHASE A WASTEWATER UTILITY FROM THE ONION CREEK WASTEWATER CORPORATION. THE AREA SERVED BY THIS UTILITY IS IN AN AREA SCHEDULED FOR ANNEXATION NEXT YEAR. TREATED EFFLUENT PRODUCED BY THE TREATMENT PLANT IS USED TO IRRIGATE THE ONION CREEK GOLF COURSE. WE RECOMMEND APPROVAL OF THIS ITEM WITH THE FOLLOWING BENEFITS. THIS ACTION PROVIDES FACILITIES FOR LONG-TERM COST EFFECTIVE SERVICE TO THIS AREA THAT OUTSIDE OF THE ONION CREEK SUBDIVISION ITSELF HAD LIMITED SERVICES TODAY. THIS PROVIDES THE UTILITY WITH THE ABILITY TO SERVE CURRENT AND FUTURE CUSTOMERS IN AN AREA SCHEDULED FOR ANNEXATION. IT PROVIDES AN ADDITIONAL OPPORTUNITY FOR AUSTIN TO EXPAND ITS RECLAIMED WATER REUSEc PROGRAM. THE FUTURE CUSTOMERS ARE SERVED BY THIS SYSTEM, THE INCREASED FLOWS WILL BE USED TO PROVIDE NEEDED IRRIGATION TO THE ONION CREEK GOLF COURSE. SO AN IMPORTANT FINAL BENEFIT OF THIS ACTION IS THE INCREASED EFFLUENT FOR IRRIGATION WILL REDUCE AND EVENTUALLY ELIMINATE THE USE OF POTABLE WATER AND 81 MILLION GALLONS A YEAR OF EDWARD'S AQUIFER GROUNDWATER CURRENTLY USED TO IRRIGATE THE GOLF COURSE. SO WE RECOMMEND APPROVAL OF THESE ITEMS.

MAYOR GARCIA: QUESTIONS FOR MR. LIPPY? THE BENEFITS, I THINK, SUMMARIZED ARE THAT WE WOULD GET THOSE CUSTOMERS AS RETAIL CUSTOMERS. WE WOULD — IN THE LONGER TIME FRAME WE WOULD FIND WAYS TO GET MORE WASTEWATER INTO THAT PLANT SO THAT THEY WOULD HAVE ENOUGH WATER TO IRRIGATE. THEY WOULDN'T HAVE TO USE THE POTABLE WATER THAT'S COMING OUT OF THE AQUIFER. AND THAT THEY WOULD — WE WOULD TERMINATE OUR LEGAL CHALLENGES, I GUESS, THE LAWSUITS AND WHATEVER.

THERE ARE SOME PROTESTS TO OUR CCN APPLICATION THAT WOULD BE SETTLED WITH THIS.

MAYOR GARCIA: IS THERE A MOTION ON ITEM 61, 62 AND 63?

SLUSHER: I MOVE APPROVAL.

MAYOR GARCIA: I'LL SECOND THAT MOTION.

SLUSHER: MAYOR? I JUST WANTED TO CONGRATULATE OUR STAFF ON THIS FROM THE UTILITIES BECAUSE I BELIEVE THEY'VE DONE A GOOD JOB ON A NUMBER OF FRONTS THAT YOU JUST DETAILED. I THINK IT'S A REAL REASONABLE PRICE FOR THIS. IT'S FORWARD THINKING TOWARDS THE ANNEXATION AND THE FUTURE DEVELOPMENT WITHIN THE DESIRED DEVELOPMENT ZONE AND SHOWS HOW THE PROTECTION OF BARTON SPRINGS HAS BEEN INSTITUTIONALLIZED INTO CITY GOVERNMENT BECAUSE EVEN THOUGH THIS TRACT ISN'T IN THE BARTON SPRINGS ZONE, THE GOLF COURSE THERE AT ONION CREEK IS DRAWING SOME OF ITS WATER OFF THE AQUIFER TO WATER THE GOLF COURSE. AND ONCE THIS AREA IS DEVELOPED AND HAS ENOUGH FLOW, THE WASTEWATER WILL BE USED TO IRRIGATE THE GOLF COURSE, WHICH AS I SAID IS NOT OVER THE BARTON SPRINGS ZONE, AND THEN THEY WON'T BE PUMPING THAT WATER — THE GOLF COURSE WON'T BE PUMPING THAT WATER OUT OF THE AQUIFER ANY MORE, SO WE'RE LOOKING AT WATER QUANTITY THERE AS WELL. SO I WANT TO CONGRATULATE THE DEPARTMENT ON BRINGING THAT FORWARD.

THANK YOU VERY MUCH.

SLUSHER: I MADE A MOTION. [LAUGHTER]. IT'S GETTING LATE.

MAYOR GARCIA: FURTHER DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. ON A VOTE OF SEVEN — YOU'RE OKAY ON 61, 62 AND 63, RIGHT? A VOTE OF SEVEN TO ZERO. DO WE HAVE ANYTHING ELSE, CITY MANAGER? OR CITY ATTORNEY? ANY OTHER ITEMS THAT I HAVE NOT BROUGHT UP FOR CONSIDERATION? HUH? WE HAVE COVERED ALL OF THE ITEMS AND WE WANT TO SAY GOOD-BYE TO YOU ALL BEFORE WE AE GEORGETOWN. AND I'LL ENTERTAIN A MOTION TO ADJOURN AT THIS TIME. MOTION AND A SECOND — MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY EVERYBODY. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. WE'LL SEE YOU JUNE 27TH. OR THEREABOUTS.

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