Closed Caption Log, Council Meeting
Thursday, June 27, 2002 (Part A)

Part A | Part B | Part C

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.

I'M CALLING TO ORDER THE LEGAL MEETING OF THE AUSTIN CITY COUNCIL JUNE THE 27th. BECAUSE WE HAVE SOME ITEMS THAT WE'LL BE TAKING UP, CERTAIN ITEMS LATER ON, COUNCIL, WE NEED TO TAKE ACTION ON ITEM NUMBER 27. ITEM 27 IS TO APPROVE A RESOLUTION TO APPOINT COUNCILMEMBER BETTY DUNKERLY AND TO REAPPOINT DARYLER AND JACKIE GOOD MAN TO THE BOARD OF DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION FOR A PERIOD EXPIRING WITH THEIR CITY COUNCIL TERMS. I'LL ENTERTAIN A MOTION.

I MOVE.

I'LL SECOND THAT MOTION. COUNCILMEMBER AFL VEZ, WE ARE CONSIDERING THIS ITEM. SO YOU ARE GOING TO VOTE ON IT. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THE MOTION CARRIES WITH A VOTE OF 4-0 WITH TWO MEMBERS OF THE COUNCIL TEMPORARILY ABSENT. SO COMING RIGHT UP. AT THIS TIME WE'LL GO TO THE 1:30 BUSINESS COMMUNICATIONS, GENERAL. FIRST IS MR. ROBERT KELLEY. FOLLOWING THAT -- FOLLOWED BY MS. SARAH ANDRE. MR. KELLEY?

WELCOME, SIR.

THANK YOU.

GOOD AFTERNOON. MY NAME IS ROBERT KELLEY. I'M A SENIOR SANITARIAN. I'VE BEEN WITH THE CITY OF AUSTIN FOR APPROXIMATELY EIGHT YEARS. I'M REPRESENTING PROUDLY THE SANITARIAN OF THE ENVIRONMENTAL CONSUMER HEALTH UNIT OF AUSTIN HEALTH AND HUMAN SERVICES DEPARTMENT. OUR PRIMARY TASK IS TO ENFORCE AND INSPECT IN 4500 FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, LOCAL FOOD VENDORS THAT TEMPORARY EVENTS HELD THROUGHOUT THE YEAR. IN ADDITION TO THIS, WE ALMOST DAILY RECEIVE REPORTS OF FOOD BORNE ILLNESSS AND THUS WE GENERALLY INVESTIGATE SEVERAL HUNDRED REPORTED INCIDENCES OF FOOD BORNE ILLNESSS IN A YEAR. WITH THIS IN MIND YOU WILL NOTE BY LOOKING AT THE ORGANIZATIONAL CHART THAT IS PROVIDED FOR YOU THAT WE ARE CURRENTLY OPERATING WITHOUT A PROGRAM MANAGER, CUSTOMER SERVICE ADMINISTRATIVE SUPERVISOR, AND AN ENFORCEMENT COORDINATOR. IN ADDITION TO THIS, EIGHT OUT OF THE 17 CITY FIELD INSPECTOR POSITIONS ARE CURRENTLY VACANT. WITH THE FOOD INSPECTOR POSITIONS FROZEN, OUR ABILITY TO PROTECT THE PUBLIC HEALTH IS IN SERIOUS JEOPARDY. OUR PURPOSE OF BEING HERE HERE TODAY IS TO REQUEST SALARY ADJUSTMENTS FOR THE SANITARIAN POSITION IN ORDER TO CREATE EQUITY WITH THE ENVIRONMENTAL COMPLIANCE SPECIALIST, OR TO BE RECLASSIFIED AS ENVIRONMENTAL COMPLIANCE SPECIALIST. IN AS MUCH AS FOUR TO FIVE YEARS AN EFFORT HAS BEEN MADE TO INCREASE SALARIES, TO CREATE EQUITY OF THIS POSITIONS. THE INEQUITY OF THE SALARY SCALES VERSUS THE ENVIRONMENTAL COMPLIANCE ZESHL SPECIALIST IS ON AVERAGE 28% DIFFERENCE WITH THE ENVIRONMENTAL COMPLIANCE SPECIALIST BEING THE HIGHER PAID OF THE TWO. HOWEVER, YOU WILL NOTE THAT JOB DESCRIPTIONS ARE VIRTUALLY IDENTICAL WITH EXCEPTION OF THE FACT THAT SANITARIAN POSITIONS REQUIRE A DEGREE AND A PROFESSIONAL LICENSE. ENVIRONMENTAL COMPLIANCE SPECIALIST NOT ONLY DOES NOT REQUIRE PROCHLTION LICENSING BUT MAY ALLOW EXPERIENCE TO REPLACE HE HAD -- PROFESSIONAL LICENSING BUT MAY ALLOW EXPERIENCE TO REPLACE EDUCATION, THE ENVIRONMENTAL HEALTH IS A VERY IMPORTANT PROGRAM AND WITHOUT ADEQUATE LEADERSHIP OUR PROGRAM WILL SLOWLY SBINT GRATE. WE HAVE LOST SANITARIANS THAT HAVE LEFT THE HIGHER PAYING JOBS AND THE FACT THAT WE WERE UNABLE TO HIRE BECAUSE OF LACK OF COMPETITIVE SALARIES IN ADDITION TO THOSE POSITIONS BEING FROZEN, PUBLIC HEALTH IS AT RISK. IN CONCLUSION, SINCE WE ARE A REVENUE-PRODUCING ENTITY, THE PROPOSED FEE ADJUSTMENTS TO OFFSET THE FOLLOWING INCREASES. WE ALSO REQUEST THAT YOU CONSIDER OPENING AT LEAST HALF OF THE VACANT SANITARIAN POSITIONS FOR HIRE IN ORDER THAT WE CAN PROTECT PUBLIC HEALTH. WE THANK YOU FOR YOUR ATTENTION TO THIS MATTER.

THANK YOU, MR. KELLEY. AND WE HAVE A COPY OF YOUR INFORMATION PACKET IS IN THE HANDS OF THE STATE MANAGER. WE'LL BE LOOKING AT IT. WE'LL ALSO BE LOOKING AT IT AT THE TIME WE DO THE NEXT. MR. SARAH ANDRE. AND FALLING MS. ANDRE IS MR. GUS PENA. MS. ANDRE, WELCOME.

HI. I'M SARAH ANDRE AND I'M WITH THE ENTERPRISE FOUNDATION HERE IN AUSTIN. ENTERPRISE IS A NATIONAL NONPROFIT THAT WORKS WITH OTHER NONPROFITS AND COMMUNITY-BASED ORGANIZATIONS TO HELP REBUILD NEIGHBORHOODS. SINCE 1982 WE'VE HELPED DEVELOP MORE THAN 132,000 UNITS OF AFFORDABLE HOUSING NATIONWIDE. I'M HERE TODAY WITH A GROUP OF MY COLLEAGUES TO TALK ABOUT AFFORDABLE HOUSING IN AUSTIN AND I'D LIKE TO ASK THEM TO STAND JUST SO YOU CAN SEE WHO THEY ARE. THANKS. WE WANT YOU TO KNOW THAT WE WORK WITH AND SUPPORT THE EFFORTS OF THE AUSTIN HOUSING OPPORTUNITY TRUST COALITION. WE ALSO COORDINATE WITH MANY OF THE OTHER AFFORDABLE HOUSING TASK FORCES HERE IN AUSTIN. HOWEVER, WE ARE FOCUSED ON THE ISSUES FACED BY NONPROFIT AFFORDABLE HOUSING DEVELOPERS, ALSO KNOWN AS COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS. FOR THE PAST TWO YEARS WE'VE BEEN MEETING AS A GROUP TO DISCUSS THE COMMON ISSUES WE FACE WHEN TRYING TO INCREASE PRODUCTION OF AFFORDABLE HOUSING. WHILE WE FACE NUMEROUS ISSUES OF VARYING COMPLEXITY, WE SEEM TO ALWAYS COME BACK TO TWO ISSUES: ACCESS TO LAND AND CAPACITY BUILDING. ONE RESULT OF OUR CONVERSATIONS IS THE WHITE PAPER THAT I'M PRESENTING YOU TODAY. ACCESS TO LAND AND SCEAFT BUILDING ARE DISCUSSED AT LENGTH IN THE PAPER, BUT WE HAVE ALSO TAKEN THE TIME TO HIGHLIGHT SOME UNIQUE SOLUTIONS TO THESE PROBLEMS THAT HAVE BEEN IMPLEMENTED IN OTHER CITIES. FOR EXAMPLE, MANY CITIES AROUND THE NATION, INCLUDING DALLAS AND HOUSTON, HAVE PROGRAMS THAT HELP FUNNEL VACANT LOTS TO NONPROFIT DEVELOPERS. THE CITY OF FORT WORTH ALSO HAS AN EXCITING PROGRAM THAT PROVIDES TECHNICAL ASSISTANCE AND OPERATING SUPPORT TO FLEDGLING NONPROFITS THAT WOULD LIKE TO BECOME THIS. INCLUDED IN OUR LIST OF RECOMMENDATIONS ARE THREE MAJOR ITEMS WE WOULD LIKE TO SEE IMPLEMENTED WITH THE COOPERATION OF THE CITY. FIRST, THE CREATION OF AN INTERLOCAL AGREEMENT THAT FACILITATES THE TRANSFER OF LAND TO NONPROFITS TO BE USED FOR AFFORDABLE HOUSING. SECOND, WE WOULD LIKE TO ESTABLISH A PILOT PROGRAM THAT HELPS NONPROFITS CLEAR TITLE ON VACANT LAND. AND FINALLY WE WOULD LIKE TO SEE THE CITY USE NONFEDERAL DOLLARS SUCH AS THE TRUST FUND TO PROVIDE OPERATING SUPPORT AND DEVELOP THE CAPACITY OF THESE. SUPPORTING NEIGHBORHOOD-BASED GROUPS IS ONE OF THE BEST WAYS TO HELP STEM THE TIED AND MAINTAIN LOCAL CONTROL OVER THE LANDSCAPE. AS MORE AND MORE GROUPS BEGIN TO RECOGNIZE THE IMPORTANCE OF AFFORDABLE HOUSING AND SEEK WAYS TO ADDRESS THIS COMMUNITY ISSUE, IT'S VERY IMPORTANT THAT WE ALL WORK TOGETHER. WE NEED TO SUPPORT AND STRENGTHEN THOSE ORGANIZATIONS THAT ARE ALREADY DEVELOPING AFFORDABLE HOUSING AND AT THE SAME TIME FOSTER THE GROWTH OF NEW ORGANIZATIONS AND NEW WAYS OF WORKING. THANK YOU.

THANK YOU, MS. ANDRE. MR. GUS PENA IS GOING TO BE FOLLOWED BY JEANNE STARTZEL. MR. PENA, WELCOME.

THANK YOU VERY MUCH. COUNCILMEMBERS, GUS PENA. TO MY LEFT IS MY BOY LUCIO WHO FINISHED THE SUMMER SCHOOL AND I WANT Y'ALL TO LOOK AT THIS MEDAL, GUS, MAYOR GARCIA BECAUSE THIS IS WHAT YOU GET FOR EXCELING AND COMING IN FROM A SCHOOL THAT DID NOT ALLOW HIM TO EXCEL BECAUSE OF NEGATIVE INTERACTION WITH A TEACHER AND PRINCIPAL. BUT ANYWAY I'M NOT HEAR TO SPEAK ABOUT THAT. I'M HERE TO SPEAK TO WHATEVER TERMINOLOGY YOU USE NOW IN THE BUDGET AT THIS MOMENT. WE HAD AN ARTICLE IN THE PAPER STATE THAT PRELIMINARY CUTS IN YOUTH ACTIVITY PROGRAMS, YOU KNOW, I'M NOT GOING TO BELIEVE ANYTHING UNTIL I SEE IT IN THE PAPER AND THEN WE'RE GOING TO TALK ABOUT IT BUT I WILL TELL YOU THIS MUCH, THAT IT'S NOT A PRETTY DAY FOR CUTS ON SENIOR CITIZEN OR YOUTH ACTIVITY PROGRAMS. IF I HAVE TO WE'LL FILL THIS PLACE UP. WHENEVER WE HAVE THE BUDGET HEARINGS BECAUSE WE HAVE ABOUT 4,062 MEMBERS JUST IN EACH. FORGET ABOUT THE RAINBOW COALITION WITH 3,462. WE CAN OVERFLOW THIS PLACE BUT ONE THING WE KNOW IS THIS. IF YOU CUT ANY KIND OF YOUTH PROGRAMS OR ANY KIND OF PROGRAMS THAT WILL ADVERSELY IMPACT THE YOUTH, THEY ARE GOING TO HANG OUT. THEY ARE GOING TO BECOME LATCH KEY KIDS, THEY ARE GOING TO BECOME LIKE THEY DID IN 1994. YOU REMEMBER WHEN THEY HELPED BOTH THE GANGS. WE WERE ACTIVE, VERY ACTIVE. AS A MATTER OF FACT, SO ACTIVE THAT WE WERE RIGHT IN THE MIDDLE OF IT. BUT ANYWAY, AISB IS PROPOSING TO CUT THE INITIATIVES. I AM ON THE DROPOUT PREVENTION REDUCTION TASK FORCE. WE IN THE COMMUNITY, AND OTHER ORGANIZATIONS ARE WORKING CURRENTLY WITH 250 STUDENTS FROM JOHNSTON, REAGAN AND LBJ WHO ARE START INNING NINTH GRADE AND MENTORING, TUTORING ALL THE WAY THROUGH TWELFTH GRADE GRADUATION. I AM A DROPOUT. I DROPPED OUT IN 1969. I CAM BACK BECAUSE I HAD A GOOD PRINCIPAL, MR. GORDON BAILEY, MAY HE REST IN PEACE, WHO GAVE ME WHAT I WANTED AND CONTINUED TO GRADUATE. WE CANNOT AFFORD TO CUT ANY KIND OF PROGRAMS THAT WILL ADVERSELY AFFECT THE YOUTH, AND ALSO I WANT TO LET YOU KNOW THIS, MAYOR AND COUNCILMEMBERS, THAT GANGS ARE COMING BACK UP. GANGS ARE COMING BACK UP AND THEY ARE SOLICITING MEMBERS AND MEMBERSHIP. YOU HAVE KIDS OUT, THERE YOUTH OUT THERE HANGING OUT IN THE STREETS. WHAT'S GOING TO HAPPEN, GANG ACTIVITY'S GOING TO BE LOOKING MORE AND MORE BRIGHTER THAN JUST HANGING ON THE STREET. CAN'T DO THAT. TONIGHT WE'RE GOING TO ATTEND THE BUDGET HEARING AT THE AUSTIN INDEPENDENT SCHOOL DISTRICT BOARD MEETING. IT'S VERY IMPORTANT TO TELL THEM TO SEND THE MESSAGE, THAT WE DO NOT CUT DROPOUT PREVENTION FUNDING. THAT IS A NO-NO. THE SENATOR, EVEN THE GOVERNOR, EVEN THE PRESIDENT STATED WE DON'T DO THAT. THAT IS COUNTERPRODUCTIVE. HERE AT THE CITY OF AUSTIN BUDGETARY PROCESS, LET'S THINK ABOUT KIDS, LET'S THINK ABOUT SENIOR CITIZENS, HOUSING, LET'S THINK ABOUT ALL THESE ISSUES THAT WILL HAVE A NEGATIVE OR A POSITIVE IMPACT ON THE TAX BILLS OF THE CITIZENS AND THINK ABOUT CHILDREN LIKE LUCIO, MY BOY WHO HAS A FUTURE. AND I'LL LEAVE IT AT THIS. KISS YOUR CHILDREN. HUG YOUR CHILDREN. TELL YOUR CHILDREN THAT YOU LOVE THEM. BECAUSE YOU MIGHT NOT HAVE THEM TOMORROW. THANK Y'ALL VERY MUCH.

MAYOR? I WANTED TO ALSO GIVE A QUICK THANKS TO MR. PENA. IF YOU'LL REMEMBER LAST MONTH OR SO WE HAD A LITTLE BIT OF AN ISSUE WITH ELECTRICAL CONTRACTOR THAT DID WORK ON A CITY PROJECT AND THERE'S, YOU KNOW, SOME HARD FEELINGS BETWEEN THAT ELECTRIC COMPANY AND THE LOCAL IBW AND MR. PENA STEPPED IN AND COORDINATED THE MEDIATION EFFORTS WITH THE LOCAL AFL-CIO OFFICER AND I THANK MR. PENA FOR THAT.

MAYOR?

COUNCILMEMBER THOMAS?

FOR ME TO STAY HERE, THAT LIGHT IS BLINDING ME. AND I WEAR GLASSES. SO I THOUGHT IT WAS MY GLASSES, BUT IT'S THE LIGHT.

THIS LIGHT RIGHT HERE?

THE BRIGHT LIGHT THERE.

WE'LL WORK ON IT RIGHT NOW. AND YOU'RE RIGHT. THAT'S LIKE HAVING SOMEONE'S BRIGHT LIGHT IN YOUR LIVING ROOM.

AFTER I LOOK AT THE LIGHT, I CAN'T SEE THE PEOPLE. THANK YOU.

JEANNE STARTZEL AND FOLLOWING THAT, LEE MANFORD. WELCOME.

GOOD AFTERNOON, MAYOR, AND MAY I DON'T RECOGNIZE OF THE CITY COUNCIL. MY NAME IS JEANNE STARTZEL AND I'M THE EXECUTIVE DIRECTOR OF THE AMERICAN CANCER SOCIETY, AUSTIN METRO MARKET AND I'M HERE TODAY REPRESENTING THE AUSTIN HUMAN HEALTH AND HUMAN SERVICES ASSOCIATION TO PUT PEOPLE FIRST CAMPAIGN. SEVERAL OF MY COLLEAGUE RS HERE AS WELL TO TALK ABOUT THE STATE OF COMMUNITY HEALTH IN AUSTIN. MOST PEOPLE THINK THAT AUSTIN IS A HEALTHY CITY. WE HAVE MANY SMOKE-FREE RESTAURANTS, WE HAVE MANY PEOPLE TAKING ADVANTAGE OF OUR PARKS BY RUNNING, HIKING AND BIKING. THE HEALTH OF MOST OF THE COUNTY IS GOOD. HOWEVER ALL CITIZENS YOUNG AND OLD DO NOT SHARE THIS GOOD HEALTH EQUALLY. IN THREE MINUTES I CANNOT PROVIDE YOU WITH INFORMATION ON ALL THE HEALTH SDPEARTS AND THE POPULATIONS AFFECTED. SO I WILL FOCUS MY -- DISPARITYS. SO I WILL FOCUS MY COMMENTS ON THE ALARMING INCREASE OF OBESITY IN OUR CHILDREN WHICH WILL HAVE AN IMPACT ON OUR CITY IN THE FUTURE. MANY DISEASES SUCH AS CANCER, HEART DISEASE, AND DIABETES CAN BE PREVENTED BY CHANGES IN LIFESTYLE BEHAVIOR SUCH AS PROPER NUTRITION AND INCORPORATING PHYSICAL ACTIVITY IN DAILY LIFE BUT AS A NATION WE ARE GETTING FATTER AND THAT IS PARTICULARLY TRUE FOR OUR CHILDREN. WE HAVE A REPORT THAT WAS JUST PASSED OUT THAT I PUT TOGETHER. IN 1999 AND 2000, A PILOT STUDY OF THREE ELEMENTARY SCHOOLS IN AUSTIN SHOW THAT THE INITIAL BODY MASS INDEX MEASUREMENTS RANKED AS OBESE 8% OF THE KINDERGARTENIERS, 16% OF OUR FIRST GRADERS AND 24% OF OUR SECOND GRADERS. ACCORDING TO THIS DATA, THE PREVALENCE OF OBESITY IN AUSTIN CHILDREN IS NEARLY DOUBLED THAT OF THE NATIONAL AVERAGE BY SECOND GRADE. THE NATIONAL AVERAGE IS 13%, AND AUSTIN IS 24%. AS A RESULT OF THIS OBESITY, THE NUMBER OF NEW CASES OF TYPE II DIABETES MELLITUS IN CHILDREN IS INCREASING IN AN ALARMING RATE. DOWN IN SAN ANTONIO IN 1990, THEY JUST HAD ONE CASE REPORTED OF TYPE II DIABETES BUT IN 1997 THEY HAD 30 CASES. I'M SURE THAT THAT'S TRUE FOR AUSTIN. AFRICAN-AMERICAN AND HISPANICS ARE THE HARDEST HIT. THERE'S A HUGE ECONOMIC COST TO THE OBESITY EPIDEMIC. THE TOTAL DIRECT AND INDIRECT COST ATTRIBUTED TO OVERWEIGHT AND OBESITY AMOUNT TO $117 BILLION IN THE U.S. IN THE YEAR 2000. AND THE WORLD HEALTH ORGANIZATION REPORT -- SURGEON GENERAL THATCHER DECLARED THAT AMERICA'S EPIDEMIC ON OBESITY HAS REACHED A POINT WHERE THAT'S EVENTUAL POUNDS MAY PASS CIGARETTES IN THE LEADING CAUSE OF PREVENTABLE DEATH. SO IN THE FUTURE HOW ARE WE GOING TO PAY FOR HEALTHCARE WHEN MANY OF OUR CHILDREN GROW UP AND GO INTO THE WORKFORCE THAT ARE GOING TO HAVE TO LEAVE THE WORKFORCE EARLY DISABLED BY COMPLICATIONS OF DIABETES, CANCER, CARDIOVASCULAR DISEASE, HEART DISEASE, AND STROKE. OBESE CHILDREN SUFFER BOTH PHYSICALLY AND EMOTIONALLY. YOUNG PEOPLE CAN BUILD HEALTHY BODIES AND ESTABLISH HEALTHY LIFESTYLES BY INCLUDING PHYSICAL ACTIVITY IN THEIR DAILY LIVES. HOWEVER, YOUNG PEOPLE ARE NOT PHYSICALLY ACTIVE ON A REGULAR BASIS, AND PHYSICAL ACTIVITY DECLINES A DRAMATICALLY AS CHILDREN GET OLDER. OUR SCHOOLS ARE ADDRESSING THIS ISSUE, HAVE INCREASED THE PHYSICAL ACTIVITY DURING THE DAY FOR ELEMENTARY KIDS. OUR SCHOOLS DO NOT NEED TO BE THE ONLY ONES TAKING ACTION. WE NEED TO EDUCATE OUR COMMUNITY ABOUT THIS ISSUE, WE NEED TO EDUCATE PARENTS ABOUT BEING GOOD ROLE MODELS, WE NEED TO PROVIDE LOW COST OPPORTUNITIES FOR CHILDREN TO PARTICIPATE IN SCHOOL AND SUMMER COMPETITIVE AND NONCOMPETITIVE ACTIVITIES AND PROVIDE SAFE PLACES FOR CHILDREN TO PLAY. A HEALTHY BODY MAKES A HEALTHY MIND. THIS LEADS TO A HEALTHY COMMUNITY AND FOR OUR CHILDREN, WE NEED TO TAKE ACTION NOW. THANK YOU VERY MUCH.

THANK YOU VERY MUCH. ONE QUICK QUESTION. I THINK THERE WAS A TEXAS LAW THAT WAS PASSED IN THE SPECIAL LEGISLATURE DEALING WITH.

YES, SENATE BILL 19 THAT REQUIRED THAT ALL ELEMENTARY KIDS GET 135 MINUTES OF PHYSICAL ACTIVITY DURING THE WEEK.

DURING THE WEEK? WHEN IS THAT SUPPOSED TO BE IMPLEMENTED? THIS COMING YEAR?

YES. SO THE AUSTIN INDEPENDENT SCHOOL DISTRICT ACTUALLY, I THINK AT THEIR LAST BOARD MEETING, VOTED ON A WAY TO ACTUALLY HAVE THAT ACCOMPLISHED, BUT THEY ARE LOOKING FOR A BETTER WAY TO DO IT SO THAT IT IS A VERY GOOD AND COMPREHENSIVE PROGRAM. AND ALL THE SCHOOL DISTRICTS ARE LOOKING AT THIS AS WELL, BUT OUR CHILDREN ALSO, OUR PARENTS NEED TO BE AWARE OF THIS IN GETTING KIDS ACTIVE AND FEEDING THEM THE RIGHT FOODS AND I THINK OUR COMMUNITY NEEDS TO KNOW THAT THIS IS AN ISSUE AND IT'S GOING TO AFFECT THE HEALTH OF HUNDREDS OF THOUSANDS OF PEOPLE IN THE FUTURE AND SOME OF THESE PEOPLE ARE ALSO GOING TO BE IN THE PUBLIC HEALTHCARE SYSTEM. SO IT WILL HAVE AN IMPACT ON OUR CITY IN THE FUTURE.

Mayor Garcia: CAN YOU SPEAK A LITTLE BIT TO WHAT HAPPENED IN THAT 1980 PERIOD THAT CAUSED IT TO START GOING UP?

WELL, I DON'T KNOW EXACTLY FOR SURE. I CAN'T TELL YOU. I KNOW WHEN I WENT TO SCHOOL, I HAD PE EVERY DAY. AND IN THE AUSTIN INDEPENDENT SCHOOL DISTRICT WHERE MY DAUGHTER GOES, AND SHE WAS IN ELEMENTARY SCHOOL, SHE HAD IT EVERY THIRD DAY AND SO IT WAS EVERY -- SO EVERY OTHER WEEK IT WAS JUST ONE DAY A WEEK. BUT I THINK ALSO THE FACT OF THERE'S MORE KIDS ARE EATING FAST FOOD AND PROCESSED FOOD. I MEAN, THERE'S SOME ISSUES GOING ON IN OUR SOCIETY THAT REALLY NEED TO BE CHANGED AND WE NEED TO EDUCATE PEOPLE ABOUT THAT.

Mayor Garcia: THANK YOU. THANK YOU VERY MUCH.

THANK YOU.

Mayor Garcia: LEE MANFORD. FOLLOWING MR. MANFORD, ALICE WILSON.

THANK YOU. MAYOR, KMEBS, I'M LEE MANFORD, EXECUTIVE DIRECTOR OF SERVICES OF AUSTIN. I'M ALSO HERE REPRESENTING THE AUSTIN AREA HUMAN SERVICES ASSOCIATION AS PART OF THE "PUT PEOPLE FIRST" CAMPAIGN. TODAY, JUNE 27th, IS NATIONAL HIV TESTING DAY. FOR THE ESTIMATED QUARTER OF A MILLION AMERICANS WHO ARE INFECTED WITH HIV BUT NOT AWARE OF IT, KNOWLEDGE CAN SAVE THEIR LIVES. WHILE WE'VE MADE TREMENDOUS STRIDES IN TREATING HIV DISEASE AND RELATED ILLNESSS, THOSE ADVANCES ARE NOT A CURE AND MEAN LITTLE TO SOMEONE WHO DOES NOT KNOW THAT THEY ARE INFECTED. FOR TOO MANY PEOPLE STILL LEARN THAT THEY HAVE HIV QUITE LATE IN THEIR INFECTION, OFTEN THROUGH SEEKING MEDICAL CARE IN THE EMERGENCY ROOM. THUS MISSING THE OPPORTUNITY FOR EARLY CARE AND TREATMENT. MORE THAN TWENTY YEARS INTO THE EPIDEMIC, THIS SHOULD NOT STILL BE HAPPENING. IN 1995 THE NATIONAL ASSOCIATION FOR PEOPLE WITH AIDS LAUNCHED NATIONAL TESTING DAY AS A WAY TO REACH MILLIONS OF PEOPLE AT RISK WITH THE SIMPLE MESSAGE: TAKE THE TEST; TAKE CONTROL. PERSONS LIVING WITH AIDS KNOW FROM FIRSTHAND EXPERIENCE7 ? THAT KNOWING YOUR HIV STATUS IS AN ESSENTIAL STEP IN TAKING CONTROL OF YOUR HEALTH AND CONTROL OF YOUR LIFE. PEOPLE UNDER 25 MAKE UP HALF OF ALL NEW HIV INFECTIONS. HIV REMAINS THE LEADING CAUSE OF DEATH AMONG YOUNG PEOPLE. THE IMPACT OF THE AIDS EPIDEMIC CONTINUES TO GROW WITH THE PROPORTIONATELY HIGH RATES OF INFECTION IN THE AFRICAN-AMERICAN COMMUNITY. AIDS DEATHS REMAIN NEARLY TEN TIMES HIGHER AMONG AFRICAN-AMERICANS THAN AMONG WHITES AND IS THE LEADING CAUSE OF DEATH AMONG AFRICAN-AMERICANS BETWEEN THE AGES OF 25 AND 44. LATINOS NOW COMPRISE THE LARGEST AND FASTEST GROWING ETHIC MINORITY GROUP IN THE UNITED STATES. WHILE REPRESENTING 13% OF THE TOTAL U.S. POPULATION, LATINOS ACCOUNT FOR 18% OF ALL AIDS CASES. LATINOS ACCOUNT FOR 20% OF INFECTIONS AMONG FEMALES. HIV AND AIDS IS HAVING A GROWING IMPACT ON WOMEN. SINCE 1985 THE PROPORTION OF AIDS CASES IN THE U.S. REPORTED IN WOMEN HAS INCREASED FROM 7% TO 25%. FROM THE BEGINNING OF THE AIDS EPIDEMIC IN THIS COUNTRY, THE MOST DISPROPORTIONATE IMPACT HAS OCCURRED AMONG MEN WHO HAVE SEX WITH MEN. DESPITE SIGNIFICANT DECLINES IN HEALTH INFECTION RATES AMONG MEN WHO HAVE SEX WITH MEN, THEY ACCOUNT FOR MORE THAN 40% OF NEW INFECTION IN THE UNITED STATES. WITH THE WORLD'S ATTENTION FOCUSED ON THE GLOBAL AIDS EPIDEMIC AS IT SHOULD BE, WE MUST ALSO RETAIN OUR FOCUS ON THE IMPACT OF AIDS IN OUR OWN COMMUNITY. IT'S ESTIMATED THAT BETWEEN 5,000 AND 6,000 INDIVIDUALS ARE CURRENTLY LIVING WITH F IV IN THE AUSTIN AREA. OF THOSE, IT'S ESTIMATED THAT AS MANY AS ONE THIRD, BETWEEN 1700 AND 2,000 OF THOSE INDIVIDUALS DO NOT KNOW THEIR HIV STATUS. TODAY AIDS SERVICES OF AUSTIN TCARE PROGRAM OF MHMR AND THE COMMUNICABLE DISEASE UNIT OF AUSTIN, TRAVIS COUNTY HEALTH AND HUMAN SERVICES HAVE JOINED TOGETHER TO PROMOTE NATIONAL HIV TESTING DAY IN AUSTIN AND TO GET PEOPLE OUT TO GET TESTED. THEY HAVE BEEN OFFERING TESTING AT THE ROSEWOOD NEIGHBORHOOD CENTER, RIVERSIDE, AND THIS AFTERNOON IN PEACE PARK AT 12th AND LAMAR. IN ADDITION TO HIV SCREENING THEY ARE OFFERING HEPATITIS C SCREENING, BLOOD PRESSURE, AND GLUCOSE CHECKS. KNOWLEDGE IS POWER. TAKE THE TEST; TAKE CONTROL. THANK YOU.

Mayor Garcia: THANK YOU, MR. MANFORD. MS. ALICE WILSON AND FOLLOWING MS. WILSON IS GAVINO FERNANDEZ.

GOOD AFTERNOON, MAYOR, KMEBS. THANK YOU SO MUCH FOR THIS OPPORTUNITY. MY NAME IS ALICE WILSON AND I AM THE EXECUTIVE DIRECTOR OF THE BREAST CANCER RESOURCE CENTER OF AUSTIN, AND I'M ALSO HERE REPRESENTING THE AUSTIN AREA HEALTH AND HUMAN SERVICES ASSOCIATION TO PUT PEOPLE FIRST" CAMPAIGN. MY LITTLE SECTION THAT I'M GOING TO TALK TO YOU ABOUT CONCERNS WOMEN WHO HAVE HAD BREAST CANCER. THE COLEMAN FOUNDATION FUNDED A -- KOME N FUNCTION STUDIED AN AREA TO DRY TO ADDRESS THE LARGE PROGRAM THAT EVERYONE RECOGNIZES ON A NATIONAL LEVEL, WHICH IS THAT WOMEN WHO ARE HISPANIC AND WHO ARE AFRICAN-AMERICAN HAVE A LOWER LEVEL OF BEING DIAGNOSED WITH BREAST CANCER BUT A MUCH HIGHER LEVEL OF DYING FROM BREAST CANCER. SO THE ISSUES THAT WE WERE TRYING TO ADDRESS IS, WHY IS THIS THE CASE? AND THIS, THE KOMEN STUDY DREW HEAVILY ON STATISTICS AND SOME REAL HELP FROM THE AMERICAN CANCER SOCIETY AND WHAT THEY PUT TOGETHER BOILED DOWN TO THIS FOR OUR COMMUNITY. IT LOOKS LIKE THAT WOMEN WHO ARE DIAGNOSED FROM THOSE MINORITY COMMUNITIES OFTEN LACK TRANSPORTATION IN ORDER TO GET TO THE FACILITIES THAT WE HAVE AVAILABLE FOR THEM. SO TRANSPORTATION IS A HUGE ISSUE. ONE OF THE REASONS IS WE KNOW THIS FIRSTHAND. THE BREAST CANCER RESOURCE CENTER GOES TO BRECKENRIDGE'S NINTH FLOOR BREAST CLEN CLINIC AND WE WORK WITH THE WOMEN WHO ARE THERE. THE SITUATION THERE IS THAT A WOMAN IS CALLED IN AND SHE MAY HAVE A WAIT THAT IS MANY, MANY HOURS IN DURATION, AND SHE HAS NO IDEA FROM HER APPOINTMENT TIME TO WHEN SHE WOULD BE EVEN PICKED UP. SO SHE REALLY CAN'T SCHEDULE PUBLIC TRANSPORTATION EASILY. THERE NEEDS TO BE ANOTHER MECHANISM IN PLACE FOR PEOPLE WITH THESE SEVERE DISEASE PROBLEMS WHERE THEY CAN GET A LITTLE MORE FLEXIBILITY IN THE SCHEDULING OF THEIR TRANSPORTATION. ANOTHER HUGE ISSUE IS DAY CARE. MANY OF THE WOMEN WE SEE ARE GRANDPARENTS TAKING CARE OF CHILDREN FOR THEIR FAMILIES, AND THERE WAS ONE GRANDMOTHER WHO CAME INTO OUR OFFICE, HAVING JUST BEEN DIAGNOSED ON THE NINTH FLOOR, AND THEY COULDN'T TALK TO HER AND CONVINCE HER. SO THEY ASKED US, AND WE EXPLAINED TO HER AGAIN WHAT HER DIAGNOSIS WAS, AND SHE SAID, "NO, I CAN'T HAVE BREAST CANCER. I CARE FOR THE FOUR CHILDREN IN OUR FAMILY." AND SHE STARTED TO WALK OUT THE DOOR. THIS IS A PERCEIVED PROBLEM THAT WOMEN HAVE THAT EVEN KEEPS THEM FROM ENTERING INTO THE DIAGNOSIS AND TREATMENT STEPS THAT ARE NECESSARY. SO THIS IS AN AREA THAT I WOULD REALLY LIKE FOR YOU TO ADDRESS AND LOOK CAREFULLY AT, GETTING SOME MORE FLEXIBILITY INTO TRANSPORTATION AND ALSO LOOKING AT SOME RESOURCES FOR DAY CARE. THANK YOU SO MUCH.

Mayor Garcia: THANK YOU, MS. WILSON. MR. GAVINO FERNANDEZ AND FOLLOWING MR. FERNANDEZ, MS. SUSANA ALMANZA. MR. FERNANDEZ, WELCOME, SIR.

GOOD AFTERNOON, MAYOR, COUNCIL. MY NAME IS GAVINO FERNANDEZ, AND I COME TO YOU ASKING FOR ASSISTANCE IN REGARDS TO THE GROWING CONCERNS OF SAFETY IN OR AROUND THE PALM PARK. WE HAVE NOTICED AND RECEIVED MANY CALLS FROM HOMEOWNERS THAT LIVE ON 3rd STREET, AROUND THE NEIGHBORHOOD AREA THAT UTILIZE THE PALM PARK, AND WE HAVE JUST LEARNED THAT THE DISTRIBUTION THAT USED TO BE DONE UNDER THE I H-35 BRIDGE IS NOW DISTRIBUTING COMMODITIES AT PALM PARK ON SUNDAYS. I WENT OUT THERE. THERE'S OVER 200 PEOPLE. NO REST ROOMS. THEY HAD MUSIC, NO SOUND PERMIT. BUT EVEN MORE UNFORTUNATE, NO ENFORCEMENT. NO ENFORCEMENT AT ANY PARK CURFEWS OR ANY POLICIES THAT ARE IN PLACE IN REGARDS TO PARKS AND RECREATION. I PERSONALLY WORKED FOR PARKS OVER 15 YEARS AND SO I'M FAMILIAR WITH THOSE TYPE OF ENFORCEMENTS THAT ARE IN PLACE, AND WE WANT TO -- WE'RE COMING TO YOU AND ASKING YOU FOR ASSISTANCE AND ALSO TO ADDRESS THE ISSUE OF PALM PARK. WHAT ARE WE GOING TO DO? MAYOR, IT'S BEEN SINCE '94 WHEN WE JOINED WITH THE CITY AT THAT TIME TO PROVIDE SECURITY SO THAT -- BECAUSE WE DON'T WANT TO GIVE UP THE BATTLE FOR USERS OF PALM PARK. I MEAN, IT'S A UNIQUE POOL RIGHT SMACK IN THE MIDDLE OF THE CITY. AND PEOPLE CONTINUE TO USE IT. BUT THERE HAS BEEN NO COMMUNICATION. GUS PENA TALKED ABOUT CUTTING PROGRAMS. OUR PROGRAM WAS CUT THIS SUMMER. I CALLED MS. BARN HEART FROM THE RAINY DAY ASSOCIATION, FRANCIS MARTINA. NO ONE WAS INFORMED THAT THERE WOULD BE NO PLAYGROUND PROGRAM OR NO SWIMMING HOURS AT PALM PARK FOR THIS YEAR. EVERY YEAR WE'VE HAD TO STRUGGLE IN TRYING TO KEEP PALM PARK ALIVE AND USABLE FOR THE -- FOR OUR FAMILIES. WE NEED TO ADDRESS THE ISSUE OF FUNDING TO UPGRADE PALM PARK OR YOU PUT ON THE AGENDA INITIAL, WHAT IS IT THAT YOU'RE GOING TO DO WITH PALM PARK AND PALM POOL. WE WILL BE GOING BEFORE THE PARKS BOARDS COMMISSION TO HOPEFULLY COME UP WITH SOME SOLUTION AND SOME FUNDING. MAYBE WE CAN ASK FOR FEDERAL FUNDING IF FOR SOME REASON, YOU KNOW, WE DON'T DESERVE GENERAL FUND DOLLARS TO ADDRESS THIS ONE ISSUE. WE ALSO LISTEN TO THE ISSUE OF EXERCISE AND THE LACK OF IT IN THE ELEMENTARY SCHOOLS. AGAIN, THIS IS THE PART THAT WOULD PROVIDE THAT OPPORTUNITY, BUT THERE IS NO ASSISTANCE. SO WE'RE ASKING YOU TO WORK WITH US AND HOPEFULLY ADDRESS THIS ISSUE OF THE SAFETY OF PALM PARK AND WHAT WE'RE GOING TO DO WITH PALM POOL. THANK YOU, MAYOR.

Mayor Garcia: THANK YOU, MR. FERNANDEZ. MS. SUSANA ALMANZA. WELCOME. FOLLOWING MS. ALMANZA IS MR. DAVID L DUKES.

GOOD EVENING, MAYOR AND COUNCILMEMBERS. I'D LIKE TO GIVE MY CONDOLENCES TO THE FAMILY OF MS. KING, HER FAMILY MEMBERS OR FRIENDS AND THE COMMUNITY AND I WOULD LIKE TO MAKE A REQUEST THAT THE AUSTIN POLICE ASSOCIATION SET UP A FUND TO ASSIST THE FAMILY IN RAISING THE TWO CHILDREN THAT SHE LEFT BEHIND. I THINK THAT THIS IS ONLY RIGHT AND JUST FOR THE POLICE ASSOCIATION TO ASSIST THAT FAMILY AND SO I MAKE THAT REQUEST AND INVITE EVERYONE OUT TO THE TOWN HALL MEETING TONIGHT AT 6:30 AT KEELING JUNIOR HIGH AT 1607 PENNSYLVANIA DRIVE. ALSO MY SECOND CONCERN IS THE WHOLE ISSUE OF THE TANK FARM. IN FEBRUARY WE REQUESTED THAT THE TANK FARM ISSUE BE TAKEN OUT OF THE MLK PLAN BECAUSE THAT WAS THE END OF THE BOUNDARIES OF THE MLK PLAN AND THE VALLEY AREA HAD BEEN HEAVILY INVOLVED IN THAT PLAN SINCE THE EARLY NINETIES. LOW AND BEHOLD THE BALLOT HAS BEEN SENT OUT TO THE MLK RESIDENTS AND ACTION 54 IS ACTUALLY REZONING THE TANK FARM AREA TO NEIGHBORHOOD URBAN CENTER. AND YOU KNOW WE HAD A LOT OF CONCERNS ABOUT THAT WHOLE DESIGNATION IN THE CHAVEZ PLAN WITH THE HEIGHT REGULATIONS AND SO FORTH. YET, HERE IT IS, WE BEGIN. WE HAD TWO MEETINGS WITH WE TOOK OUT THE TANK FARM TO LOOK AT IT IN COMBINATION WITH MLK RESIDENTS AND THE VALLEY RESIDENTS AND NOW IT'S GOING TO BE COMING BEFORE THE PLANNING COMMISSION AS THE REZONING AS A NEIGHBORHOOD URBAN CENTER. SO I ASK YOU TO REVISIT THAT AND TO TAKE THAT PLAN OUT UNTIL WE FINISH LOOKING AT THE ZONING DESIGNATION OF THAT NEIGHBORHOOD PLAN. ALSO, TOO, I'D LIKE TO ASK MAYOR GARCIA TO WRITE A LETTER TO THE SCHOOL BOARDMEMBERS ASKING THAT THEY NOT TAKE -- USE ANY OF THEIR MONEY FOR THE DROP HOUSE PREVENTION PROGRAM, THAT THEY KEEP THAT FUNDING IN. I WANT TO THANK THE MAYOR OF THIS EDUCATION TASK FORCE AND THE WORK THAT THEY DID. BUT I THINK IT'S UNJUST, ESPECIALLY HEARING THAT AUSTIN HAS THE HIGHEST AMOUNT OF LATINO DROPOUTS IN THE WHOLE STATE OF TEXAS. THAT SENDS AN ALARMING MESSAGE TO EVERYONE. AND THEN YOU HAVE THEM THREATENING TO GET THAT BUDGET -- YOU KNOW, LESSEN THAT BUDGET FOR THE DROPOUT PREVENTION. I THINK THAT'S VERY SCARY WHAT'S HAPPENING. I BELIEVE THAT YOU CAN'T SEND THIS, I'LL DO THIS MYSELF. I THINK THE DOCTOR DOESN'T DESERVE ALL THE MONEY AND THE RAISE THAT SHE'S BEEN GETTING. WHEN I SEE THAT DROPOUT THAT'S HAPPENING AND THE SPECIAL ED FOR THOSE THAT DON'T SPEAK ENGLISH, I DON'T THINK THE SUPERINTENDENT AND THE DOCTOR DESERVE THE MONEY THAT THEY ARE GETTING AND IT SHOULD BE BASED ON THE AMOUNT OF PEOPLE THAT THEY ARE NOT LETTING DROP OUT OF THE WHOLE WHOLE SCHOOL SYSTEM AND NOT JUST BECAUSE THEY HAVE BEEN THERE. WE HAVE A CRISIS IN THE EDUCATION SYSTEM AND IT'S NOT GETTING ANY BETTER AND SO I WANT TO THANK Y'ALL FOR LISTENING TO ME BUT HONESTLY TO FOLLOW UP ON THE TANK FARM ISSUE AND ALSO THE EDUCATION ISSUE. THANK YOU.

Mayor Garcia: INC. YOU READ IN THE PAPER ABOUT THAT LETTER, AND I WILL BE FOLLOWING UP ON THAT.

THANK YOU.

Mayor Garcia: MR. DAVID DUKES AND FOLLOWING MR. DUKES IS MR. CLINT SMITH. WELCOME, SIR.

THANK YOU. CITY COUNCIL, MAYOR. FIRST OF ALL, MY NAME IS DAVID DUKES. [ INAUDIBLE ] I HAVE A PROGRAM. I'D LIKE TO MENTION THAT I'M NOT A SELF-RIGHTEOUS INDIVIDUAL. THERE IS SOMETHING THAT TURNS MY ATTENTION WHEN I GIVE THIS TO YOU WITH THE CITY OF AUSTIN, AND I NOTICE THAT DISCUSSIONS WITH THE CITY COUNCIL CONFIRM. [ INAUDIBLE ]

THE AUSTIN PUBLIC LIBRARY HAS MADE AVAILABLE RATED R INDIVIDUAL I DON'T SEES FOR -- VIDEOS TO BE CHECKED OUT WITH YOUR CHILDREN'S LIBRARY CARDS, SEX SCENES WITH MEN WITH MEN, WOMEN WITH WOMEN, FORNICATION, PROFANITY. ALSO IN SOME BOOKS. THE MATERIALS THAT APPARENTLY THE COMMITTEES HAD OKAYED. AMERICANS CANNOT AFFORD THE GOD-GIVEN STANDARDS OF MORALITY, DECENCY, AUTHORITY TO BE CORRUPTED UNDER THE GUISE OF FREE SPEECH. SIN IS NOT RIGHT. IT IS WRONG. IN THE INCEPTION OF THIS GREAT NATION, THE CHURCH WAS THE PUBLIC SCHOOL. THE TEN COMMANDMENTS ARE THE STANDARDS ON WHICH OUR MORAL LAWS REST. THE BIBLE SAYS BLESSED IS A NATION WHOSE GOD IS THE LORD. AND PROVERBS 13:34. DON'T WE HAVE ENOUGH SEX SHOPS, STRIP JOINTS, PORNO SHOWS, INTERNET IMPORTANT, MOVIES, TV SHOWS, SEXUAL:a INNUENDOS, BOOKS AND HOW-TO MANUALS, PLANNED PARENTHOOD AND PUBLIC SCHOOLS TEACHING OUR CHILDREN HOW TO HAVE SEX WITH CANDY FLAVORS AND MULTICOLORED CONDOMS. THIS IS ONE THING THAT WE NEED TO COME BACK TO REALIZE. THE WORD CENSOR MEANS RULES, AND THERE ARE RULES THAT ARE IN PLACE BY PARENTS, DOCTORS, EMPLOYEES, TEACHERS, PREACHERS, BUILDERS, AND ARCHITECTS AND WE SHOULD ALSO2[N LOOK UP THE PROBLEM IN THE LIBRARIES WHERE THE PEOPLE WHO SEE PORNOGRAPHIC MATERIALS CAN BE SEEN FROM UNDERNEATH THE DESK FROM ACROSS THE ROOM. I APPRECIATE ANYTHING THAT COULD BE DONE IN REGARDS TO THIS MATTER BECAUSE I'M IN MINISTRY AND I'VE BEEN IN MINISTRY FOR OVER 24 YEARS AND I DO WORK VERY CLOSELY WITH PEOPLE, OF ALL KINDS OF BACKGROUNDS. I'VE SPENT HOURS AND HOURS WORKING WITH PEOPLE ON DRUGS AND HAVE ALL KINDS OF PROBLEMS, AND I APPRECIATE ANYTHING THAT COULD BE DONE TO HELP ALLEVIATE THIS SITUATION AT THE PUBLIC LIBRARIES. THANK YOU.

THANK YOU.

Mayor Garcia: THANK YOU, MR. DUKES. COUNCILMEMBER?

ON THESE COMPLAINTS WITH THE PARTICULAR LIBRARIES, I WOULD ASK A QUESTION ON COMPLAINTS. I'LL ASK THE CITY MANAGER TO GET WITH YOU, SOMEONE TO GET WITH YOU TODAY BEFORE YOU LEAVE SO YOU CAN INQUIRE A LITTLE BIT MORE ON THAT.

SURE.

SINCE YOU SAID THE PARTICULAR LIBRARY'S NAME.

RIGHT. THANK YOU VERY MUCH.

THANK YOU, SIR.

Mayor Garcia: MR. CLINT SMITH. WELCOME, SIR.

GOOD AFTERNOON, MAYOR. MAYOR, COUNCILMEMBERS, CITY MANAGER, STAFF. I'M CLINT SMITH AND I'M HERE, FIRST OFF WE WANT TO TELL YOU THAT WE DO SUPPORT THE TOUGH JOB YOU HAVE TO DO AND WANT TO BE ABLE TO HELP WHEN WE CAN AS WE LOOK AT BUDGET MATTERS AND OF COURSE, WE DO HAVE A MEETING WITH YOU. THE AUDIT AND FINANCE COMMITTEE ON JULY 9th. ALSO, I WANT TO MENTION THAT CHARLOTTE FLYNN ASKED ME TO REMIND YOU, MAYOR, THAT WE ARE STILL LOOKING FORWARD THAT TA.... TA -- LOOKING FORWARD TO THAT KEG OF GERMAN PRODUCT THAT YOU PROMISED TO BRING BACK FOR US. SOME OF US ARE QUITE CONCERNED ABOUT THE NEED TO LOSE WEIGHT AND HAVE BEEN TOLD THAT SEVERAL TIMES, BUT WE DID WANT TO REMIND YOU OF THAT. I WOULD LIKE TO SAY THIS. WE HAVE A PRESENTATION TO MAKE AND I'D LIKE TO SAVE MY TIME TO FOLLOW A PANTHER MEMBER, MY FELLOW BROTHER PANTHER PAUL ROBBINS.

MAYOR, COUNCIL, I'M PAUL ROBBINS. I'M A CONSUMER AND ENVIRONMENTAL ADVOCATE. THE CITY IS IN A BUDGET SHORTFALL DUE TO THE RECESSION WITH THE LIKELIHOOD OF REDUCED SERVICES, INCREASED TAX COLLECTIONS, AND EMPLOYEE LAYOFFS. SO I'M HERE TO POSE THE QUESTION OF WHY THE CITY IS IN THE SITUATION, IN THIS SITUATION, WHILE IT HAS $100, MEAB $300 MILLION IN THE BANK. -- TO EXPLAIN ON THE 12th OF NOVEMBER 1996, THE COUNTY VOTED TO DECREASE ELECTRIC COSTS IN THE CITY'S ELECTRIC UTILITY WHILE KEEPING RATES THE SAME. THIS MONEY WAS INTENDED TO BUY DOWN THE ELECTRIC UTILITY DEBT AND LOWER RATES. PART OF THIS OVERT COLLECTION HAS GONE INTO A, QUOTE, DEBT FUND, AND ACCORDING TO A LETTER FROM THE ELECTRIC DEPARTMENT'S VICE PRESIDENT OF FINANCE, THERE WILL BE $183 MILLION IN THIS FUND BY THE END OF THE FISCAL YEAR. THIS IS IN SPITE OF THE MONEY ALREADY EXPENDED FROM OVER COLLECTIONS. THE MONEY SPENT OR OBLIGATED TO BE SPENT ON OVERCOLLECTIONS IS ROUGHLY $231 MILLION AND HAS BEEN USED TO BUY MAJOR CAPITAL IMPROVEMENTS IN EQUIPMENT LIKE POWER PLANTS AND ELECTRIC METERS WITHOUT VOTER APPROVAL. SO BY THE END OF THIS FISCAL YEAR, THE UTILITY WILL HAVE OVERCOLLECTED $478 MILLION. FOR THE RECORD I THINK BUYING DOWN UTILITY DEBT IS A GOOD IDEA. s GOOD, IN FACT, I'D LIKE YOU TO DO IT. THERE ARE A NUMBER OF THINGS THE CITY COULD DO TO LOWER ELECTRIC BILLS AS WELL SUCH AS ENERGY CONSERVATION PROGRAMS AND INSTALLING CO-GENERATION. THAT IS INCREASING MONEY TO DO THIS. BUT THESE THINGS ARE NOT BEING DONE, EITHER. CAN THIS MONEY BE USED TO ELIMINATE THE BUDGET SHORTFALL? I'M AWARE THAT THE CITY ATTEMPTS TO KEEP UTILITY FUNDS AND THE CITY'S GENERAL FUND SEPARATE. BUT IF THIS IS THE CASE, THEN COULDN'T ELECTRIC RATES BE USED TO MAKE UP FOR TAX REVENUE INCREASES? THAT WILL PROBABLY OCCUR IN THE NEAR FUTURE?

[ ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS ]

VERY GOOD.

Mayor Garcia: THANK YOU. THAT'S ALL THE CITIZENS THAT SIGNED UP ON THE CITIZEN COMMUNICATION. LET ME SAY THAT USUALLY WE DON'T ALLOW REPLACEMENT OF ONE SPEAKER FOR ANOTHER, SO IF YOU'RE GOING TO SPEAK, PLEASE VISIT THE CITY CLERK'S OFFICE, SO THAT YOUR NAME CAN BE PLACED ON THE AGENDA ITSELF. WE NOW GO TO THE 2:00 P.M. TIME CERTAIN BOND SALE. AND THE FIRST ITEM IS TO APPROVE AN ORDINANCE AUTHORIZING THE ISSUANCE OF APPROXIMATELY $12,250,000, CITY OF AUSTIN, TEXAS PUBLIC IMPROVEMENT REFUNDING BONDS. AND -- MR. BILL?

GOOD EVENING. I'M BILL NEWMAN. WE SERVE AS FINANCIAL ADVISOR TO THE CITY. MY PARTNER IS HANDING OUT A BRIEFING BOOK, IF YOU WOULD, OR A PRICING REPORT ON THESE TWO BOND SALES. I'LL WAIT UNTIL HE GETS THEM ALL PASSED OUT. JUST TO START WITH, JUST TO LET YOU KNOW, THE PURPOSE OF THIS -- THESE BOND SALES WAS TO DO A REFINANCING ON A FINANCING WE DID SEVERAL YEARS AGO FOR ONE TEXAS CENTER. WHEN WE DID THAT FINANCING IT WAS DONE WITH TAX NOTES. THOSE TAX NOTES ONLY HAD A SEVEN-YEAR LIFE. WHEN WE DID THAT FINANCING IT WAS DONE ON A TAXABLE BASIS. OUR GOAL AT THAT POINT IN TIME IN KEEPING IT SO SHORT WAS TO BRING IT FORWARD AT A LATER TIME WHEN WE MIGHT HAVE THE BENEFIT, IF YOU WOULD, OF LOWER TAX EXEMPT RATES. AND THAT'S WHAT WE'VE DONE HERE. THE REASON WHY YOU HAVE TWO SALES IS BECAUSE THE LARGER SALE, THE $12,190,000 IS THE TAX RATE. WE COULD CARVE OUT PART OF THE BUILDING IF THAT WAS TAX EXEMPT, THE OTHER HAD TO REMAIN TAXABLE BECAUSE OF THE NON-TAX EXEMPT OCCUPANCY IN THE BUILDING. WITH THAT SAID I'LL WALK YOU THROUGH THE BOOK BRIEFLY. NUMBER 2 JUST-- PAGE NUMBER 2 JUST GIVE YOU FOR PURPOSES OF THE BOND SALE AND THE FACT THAT ONE IS TAXABLE AND ONE IS TAX EXEMPT. PAGE NUMBER 3 JUST SAYS WHO THE PARTICIPANTS ARE. I WOULD LIKE TO RECOGNIZE SOMEONE FROM THE CITY. THIS WAS A COMPETITIVE SALE. WE DID THIS BOND SALE ON INTERNET AS WE HAVE ALL YOUR COMPETITIVE SALES IN THE PAST. IF YOU LOOK ON PAGE 4, YOU'LL SEE THAT THE VISIBLE SUPPLY OF BONDS HAS INCREASED QUITE A BIT OVER THE PAST SEVERAL WEEKS. PART OF THAT IS THE REASON YOU'VE SEEN THE STOCK MARKET GO DOWN. THE STOCK MARKET GOES DOWN AND BOND PRICES IMPROVE AND WE DO A LOT BETTER OF BAD NEWS FOR THE STOCK MARKET IS GOOD NEWS FOR US BASICALLY. ON PAGE 5, THAT'S REALLY RECOGNIZING THE FACT THAT WE NOTICE YESTERDAY THE MARKETS WORLDWIDE CRUMBLED AND U.S. TREASURY BONDS SOARED AFTER WORLD COM ANNOUNCED THEY HAD LOST SO MUCH MONEY. IT DID HELP AT THE END OF THE DAY OUR BOND SALE. ON PAGE OF IT SHOWS YOU WHERE THE BOND MARKET HAS BEEN GOING. THAT TREND DOWNWARD REFLECTS BAD NEWS FOR THE STOCK MARKET, AN IMPROVEMENT IF YOU WOULD IN THE BOND MARKET. PAGE 7 IS YOUR MATURITY SCHEDULE. IF YOU'LL NOTE ON BOTH OF THESE THAT THERE WERE RELATIVELY SHORT AND THE RATES I'M GOING TO GIVE YOU IN A MINUTE WILL DEPICT THAT. WE'VE GOT EXCELLENT RATES ON BOTH THE TAX EXEMPT AND THE TAXABLE SALE. PAGE 8 THOSE SHOWS YOU WHO WE'RE COMPETING WITH IN THE MARKET TODAY, SEVERAL SALES ABOUT THE SAME SIZE AS US. A FEW I WOULD ADD THAT WERE AS WELL RECEIVED. ON THE 12-MILLION-DOLLAR 190,000-DOLLAR PUBLIC FUNDING BONDS WERKS GOT A TOTAL OF SIX BIDS. THE LOWEST BID CAME FROM AVIRON AMBRO. WE HAD A TOTAL OF 26. ON THE SMALLER TAXABLE SALE WE ALSO GOT SIX BIDS VIA THE INTERNET. THE LOW BID THERE WAS 448. AGAIN, BOTH SALES WERE VERY SHORT. THESE RATES WERE EXTREMELY LOW AND EXTREMELY COMPETITIVE. AS A MATTER OF COURSE WHEN THE CITY SELLS THEIR BONDS, ALTHOUGH THEIR DOUBLE A RATED, THEY'LL SELL LIKE A TRIPLE A SECURITY IN THE MARKET. WE RECOMMEND APPROVAL AND I'M HERE TO ANSWER ANY QUESTIONS.

QUESTIONS FOR MR. NEWMAN? THE RATE ON THE LARGER BOND ISSUE WAS 4.3 AND THE TAX EXEMPT.

YES, SIR.

WHAT DID YOU SAY ABOUT THE TAXABLE? THE WINNING BIDDER WAS MARCH AND KEY BEGAN AND COMPANY AND THE WINNING BID WAS 448.

THIS IS NOT ONE WHERE WE WERE GOING TO LOOK AT PRESENT VALUES AND --

NO, SIR. THE PURPOSE OF THIS ONE WAS TO MARCH THE ASSETS AND LIABILITIES TOGETHER AND TO TAKE IT, IT WAS ALL TAXABLE BEFORE AND WE WANTED TO PUT SOME OF IT ON THE TAX EXEMPT SIDE AND PUT IT OUT. BUT THAT WAS NOT THE INTENT HERE.

Mayor Garcia: SO WHEN WE GO TO TAX EXEMPT, WE HEAR A LITTLE -- WE SAVE A LITTLE MONEY.

YES, SIR. IT WASN'T LEVEL OF SAVINGS THAT YOU WOULD EXPECT TO THE COMMON FUNDING BECAUSE OF THE LENGTH OF THE TRANSACTION.

Mayor Garcia: OKAY. QUESTIONS, FURTHER QUESTIONS? IF NOT, I'LL SPRAIN A MOTION TO APPROVE THIS SALE. MOTION BY COUNCILMEMBER SLUSHER. SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? THIS IS ON BOTH ITEMS NUMBER 13 FOR $12,250,000 AND NUMBER 14, WHICH IS FOR 2,510,000, WHICH IS TO FINANCE THE ONE TEXAS CENTER. THERE'S A MOTION AND A SECOND. FURTHER DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE? OPPOSED NO. MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE, WITH COUNCILMEMBER WYNN TEMPORARILY OFF THE DIAS. THANK YOU VERY MUCH.

THANK YOU AND CONGRATULATIONS ON A GOOD BOND.

Mayor Garcia: AT THIS TIME I'LL ENTERTAIN A MOTION TO RECESS THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL SO THAT WE CAN CONSIDER ITEMS UNDER THE BOARD OF DIRECTORS OF THE AUSTIN AUSTIN HOUSING FINANCE CORPORATION.

SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED NO? MOTION CARRIES. THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL IS RECESSED AND AT THIS TIME I'LL CALL TO ORDER THE MEETING OF THE BOARD OF DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION, AND WE HAVE MR. HILGERS HERE. DO YOU WANT TO MAKE A PRESENTATION, MR. HILGERS.

THANK YOU, MR. PRESIDENT. GOOD AFTERNOON BOARD MEMBERS. MY NAME IS PAUL HILGERS. TODAY I'M HERE ON BEHALF OF THE AUSTIN HOUSING FINANCE CORPORATION WITH FIVE ITEMS FOR YOUR CONSIDERATION. FIRST I'D ASK FOR YOUR APPROVAL OF THE AUSTIN HOUSING FINANCE CORPORATION SPECIAL CALLED MEETING ON MAY 9TH, 2002.

Mayor Garcia: I'LL ENTERTAIN A MOTION ON AFHC-1? MOTION BY NEWLY ELECTED BOARD MEMBER DUNKERLEY. AND I'LL SECOND THAT MOTION. ALL IN FAVOR.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. ITEM NUMBER 2?

THANK YOU, MR. PRESIDENT. ITEM NUMBER 2 IS TO ADDRESS -- ACTUALLY, ITEMS 2 THROUGH 4 ARE ALL RELATED ITEMS AND I WILL BRIEFLY READ THROUGH WHAT THOSE ITEMS ARE. NUMBER 2 IS TO APPROVE A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF THE LOAN IN THE AMOUNT NOT TO EXCEED $125,000 TO STASSNEY CROSSING LIMITED PARTNERSHIP FOR THE PURPOSE OF REFINANCING THE ACQUISITION OF THE MORTGAGE PROPERTY LOCATED ON EACH SIDE OF NUCKOLS CROSSING ROAD KNOWN AS THE VIEWPOINT AT WILLIAMSON CREEK SUBDIVISION FOR THE DEVELOPMENT OF 101 LOTS FOR SMART HOUSING SINGLE-FAMILY HOMES. NUMBER 3 IS TO APPROVE A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF A GUARANTEE AGREEMENT WITH LIBERTY BANK TO PARTIALLY GUARANTEE A LOAN IN AN AMOUNT NOT TO EXCEED $1.7 MILLION BETWEEN LIBERTY BANK AND STASSNEY CROSSING LIMITED PARTNERSHIP OF WHICH THE AUSTIN HOUSING FINANCE CORPORATION WILL GUARANTEE NOT MORE THAN $700,000 FOR THE PURPOSES OF REFINANCING THE ACQUISITION OF THE PROPERTY LOCATED ON THE EAST SIDE OF NUCKOLS CROSSING ROAD KNOWN AS THE VIEWPOINT AT WILLIAMSON SUBDIVISION FOR THE DEVELOPMENT OF 101 LOTS FOR SMART HOUSING COMPLIANT SINGLE-FAMILY HOMES. THIS WILL WILL ASSIST THE AUSTIN HOUSING FINANCE CORPORATION IN MEETING ITS GOAL OF CREATING OR RETAINING FIVE THOUSAND UNITS OF AFFORDABLE HOUSING ANNUALLY BY 2005.

...> MAYOR GARCIA: THIS SAYS FOR THE PURPOSE OF REFINANCING EXISTING LOANS.

YES, SIR, THAT'S CORRECT. AND WHAT WE ARE DOING ON ITEM NUMBER IT IS REFINANCING FROM A 10% LOAN TO A ZERO PERCENT INTEREST LOAN, WHICH THAT SAVINGS WILL BE USED TO ENHANCE THE AFFORDABILITY OF THE DEVELOPMENT. AND ITEM NUMBER 4, VERY TIM TO ITEM NUMBER 3, BUT IT IS AUTHORIZING THE NEGOTIATION WITH -- IT'S A THREE-PARTY AGREEMENT BETWEEN THE AUSTIN HOUSING FINANCE CORPORATION, STASSNEY LIMITED PARTNERSHIP AND LIBERTY BANK. ITEM NUMBER HAD IS TO APPROVE A RESOLUTION AUTHORIZING THE EXECUTION TO GUARANTEE A LOAN IN THE AMOUNT OF NOT LESS THAN 1 POINT 'MILLION BETWEEN LIBERTY BANK AND STASSNEY CROSSING OF WHICH HOUSTON HOUSTON WILL GUARANTEE NOT MORE THAN SEVEN HUNDRED THOUSAND DOLLARS IN THE DEVELOPMENT OF THIS PROPERTY ON NUCKOLS CROSSING ROAD SOUTH OF THE INTERSECTION OF ST. ELMO ROAD KNOWN AS VIEWPOINT AT WILLIAMSON CREEK SUBDIVISION FOR THE DEVELOPMENT OF 101 LOTS FOR SMART HOUSING COMPLIANCE SINGLE-FAMILY HOMES.

Mayor Garcia: THAT'S THE PROPERTY MARKED WITH A RED ARROW?

YES, SIR, THAT'S CORRECT.

Mayor Garcia: OKAY. QUESTIONS FOR MR. HILGERS ON ITEMS AHFC 2, 3 AND 4? IF NOT, I'LL ENTERTAIN' MOTION FOR APPROVAL. SLUSH.

Dunkerley: SO MOVE.

Mayor Garcia: DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. AND THE LAST ITEM IS AHFC FIVE IS TO APPROVE A RESOLUTION TO ELECT.

....ACKIE GOODMAN AS VICE-PRESIDENT OF THE BOARD OF DIRECTORS OF AUSTIN HOUSING FINANCE CORPORATION FOR A PERIOD EXPIRING WITH HER CITY COUNCIL TERM. I'LL ENTERTAIN A MOTION TO DO THAT. MOTION BY BOARD MEMBER SLUSHER, SECONDED BY ME. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO AND CONGRATULATIONS TO VICE-PRESIDENT JACKIE GOODMAN. I'LL ENTERTAIN A MOTION TO ADJOURN THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION.

Slusher: SUE MOVE.

Mayor Garcia: MOTION BY BOARD MEMBER SLUSHER. I'LL SECOND THAT ITEM. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES. WE'RE ADJOURNED. AND I'LL CALL THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL BACK TO ORDER. AND WE ARE ON PAGE 5 UNDER THE PREVIEW OF ITEMS FOR NEXT COUNCIL MEETING. CITY MANAGER? DO YOU HAVE ANYTHING?

WELL, OUR NEXT COUNCIL MEETING WILL BE JULY 11th, SO THERE'S NEAR TWO-WEEK HIATUS FROM THIS WEEK MEETING TO THE NEXT. AND I WANT TO HIGHLIGHT THAT THIS WILL BE THE SECOND READING FOR THE STRATUS PROPOSAL AND WE ALSO INTEND FOR THAT TO BE A TIME CERTAIN IN THE EVENING SO PEOPLE CAN GET DOWN HERE AND SHARE THEIR FEEDBACK WITH US PROBABLY AGAIN AT 5:45 ON JULY 11th.

Mayor Garcia: I HAVE ONE ITEM THAT I WILL -- THAT I WILL SPONSOR TOGETHER WITH MAYOR PRO TEM GOODMAN AND COUNCILMEMBER DUNKERLEY TO CREATE A COUNCIL MEETING ON HEALTH CARE ISSUES. COUNCILMEMBER DUNKERLEY RECOMMENDED THAT WE CONSIDER THIS PARTICULAR COMMITTEE AND I THINK EVERYBODY AGREES IT'S A VERY GOOD RECOMMENDATION, SO I'LL HAVE THOSE ON THE AGENDA. I HAVE THAT ITEM ON THE AGENDA TOGETHER WITH THE SPONSORS, THE OTHER SPONSORS ON THE NEXT MEETING, WHICH WILL BE JULY THE 11TH. ARE WE APPOINTING MEMBERS TO THE FINANCE COMMITTEE TODAY? WE WILL HAVE APPOINTMENTS TO THE ORDINANCE FINANCE COMMITTEE AND OTHER COMMITTEES AT THE NEXT COUNCIL MEETING. NOW, THIS CREATES A LITTLE PROBLEM BECAUSE -- NO, WE HAVE ENOUGH MEETINGS OF THE ORDINANCE FINANCE COMMITTEE FOR THE NEXT MEETING? YES, WE DO. SO WE'LL HAVE A REALIGNMENT OF SOME OF THE COUNCIL MEETINGS AT THE -- COUNCIL COMMITTEES AT THE NEXT MEETING. ANY OTHER ITEM THAT COUNCILMEMBERS WANT TO ANNOUNCE FOR CONSIDERATION AT THE NEXT COUNCIL MEETING? IF NOT, WE'LL GO TO THE NEXT ITEM, WHICH IS THE READING OF THE CONSENT AGENDA. MS. BROWN?

BROWN: FIRST I'LL READ THE CHANGES AND CORRECTIONS.

Mayor Garcia: SORRY ABOUT THAT.

BROWN: ITEM NUMBER 18, THIS ITEM HAS BEEN REMOVED FROM THE AGENDA AT THE APPLICANT'S REQUEST TO ALLOW FOR MINOR CHANGES TO THE APPLICATION. ITEM 38 HAS BEEN POSTPONED TO JULY 11th, 2002. ON ITEM 49, AFTER THE WORDS COLONY PARK, PLEASE INSERT THE WORD DRIVE, AND IT CONTINUES TO THE EAST AND WENT WOOD DRIVE TO THE WEST. FOR ITEM 50, DELETE AT 4705-4737 AND INSERT IN THE 4700 TO 4730 BLOCK OF TEEWOOD DRIVE. ITEM NUMBER 66 HAS BEEN POSTPONED TO JULY 11th, 2002. THAT'S TRUE ALSO OF ITEM 67 AND ITEM 80. UNDER ITEM 107, AFTER THE WORDS GENERALLY IN THE CIRCLE C AREA INSERT THE PROVISIONS OF THE SETTLEMENT AGREEMENT WILL BE MODIFIED TO REMOVE THE POTENTIAL 380 ECONOMIC DEVELOPMENT PLAN, ALL REFERENCES IN THE RCA TO THE 380 ECONOMIC DEVELOPMENT PLAN SHOULD BE STRICKEN TO REFLECT THIS MODIFICATION.

Z-26 IS THE -- ON Z-28, NOTE THAT THE APPLICANT IS RINGWALL PARTNERS, I LIMITED, TED W. ROLLINS. THE AGENT IS JIM BENNETT. ON Z. 29, DELETE THE WORD END AFTER ZONING AND INSERT THE WORD TO FOR THE ZONING TO CS-CO. ON Z 31, WE'RE MAKING A SIMILAR CHANGE AFTER FAMILY RESIDENT DISTRICT, ZONING. DELETE THE WORD AND, INSERT THE WORD TO CS-CO. THE ITEMS PULLED ARE 16, 28, 54, 97, 98, 103, 104, 105.

Mayor Garcia: AND ALSO ITEM NUMBER 86 IS BEING PULLED BY THE MAYOR PRO TEM. 86.

BROWN: IN THE TIME CERTAIN ITEMS ARE THE FOUR P.M. ZONING. 5:30 PROCLAMATIONS AND MUSIC. 5:45, CIRCLE C LAND CORPORATION AND 6:00 O'CLOCK ARE THE PUBLIC HEARINGS. IT SHOULD BE NOTED THAT ITEMS 1 14 WILL BE POSTPONED AS REQUESTED BY STAFF TO JULY 11th, 2002 AT SIX P.M. THE CONSENT AGENDA STARTS WITH ITEM 17. ITEM 18 HAS BEEN REMOVED FROM THE AGENDA.

Mayor Garcia: SO THAT ONE WILL BE ON THE CONSENT AGENDA FOR REMOVAL?

BROWN: YES, SIR. ITEM 19, 20, 21, 22, 23, 24, 25, 26, 29 SECOND AND THIRD READING, 30 SECOND READING, 31 SECOND AND THIRD READING, 32 THIRD READING --

Mayor Garcia: LET ME BRING YOU BACK TO ITEM NUMBER 30. DID YOU SAY THAT ITEM NUMBER 30 WAS GOING TO BE POSTPONED TO JULY THE 11th?

BROWN: I DON'T HAVE THAT, MAYOR. I HAD IT FOR SECOND READING.

Mayor Garcia: SECOND READING? OKAY. LET ME CALL MY STAFF AND MAKE SURE BECAUSE THEY HAVE A NOTE ON MY AGENDA.

MAYOR, THAT'S CORRECT. THERE'S A REQUEST FROM THE AGENT TO CONSULT FOR POSTPONEMENT TO JULY 11th.

Mayor Garcia: SO THAT'S 28, 29 AND 30?

YES, MAYOR.

Mayor Garcia: SO THOSE ITEMS ARE POSTPONED UNTIL JULY THE 11th. SO WE'LL HAVE IT POSTPONED.

Brown: REPEATING THAT THEN, ITEMS 28, 29 AND 30 ARE POSTPONED TO JULY 11th, 2002. ITEM 31 IS FOR SECOND AND THIRD READING, 32 FOR THIRD READING.

Mayor Garcia: AND I HAVE MAY MY NOTES, MS. GLASGO, THAT THE APPLICANT HAS REQUESTED A POSTPONEMENT TO AUGUST THE EIGHTH. 32. SO ITEM 32 IS POSTPONED AT THE REQUEST OF THE APPLICANT TILL AUGUST THE EIGHTH. SO IT WOULD BE CONSENT FOR POSTPONEMENT.

Brown: 33 FOR SECOND AND THIRD READING, 34 FOR SECOND AND THIRD READING, 35, 36, 37, 38 FOR POSTPONEMENT TO JULY 11th, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 WITH THE CHANGES THAT WERE PREVIOUSLY READ INTO THE RECORD, 50 WITH THE CHANGES PREVIOUSLY READ INTO THE RECORD, 51, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 AS A POSTPONEMENT TO JULY 11th, 67 POSTPONED TO JULY 11th, 68, 69, 70,, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 POSTPONED TO JULY 11th,. 81,.

, 83, 84, 85, 87, 88, 89, 90, 91, 9293, 94, 95, 96, 99, 100, 101 ARE BOARD AND COMMISSION APPOINTMENTS, WHICH I'LL READ INTO THE RECORD. FOR THE ARTS COMMISSION, THE FOLLOWING ARE ALL APPOINTMENTS. KATHLEEN HARMON BY THE MAYOR. GLORIA PENNING TON BY COUNCILMEMBER ALVAREZ. MEL SEEINGER BY MAYOR PRO TEM GOODMAN. CHILD CARE COUNCIL, JOAN BURN HAM, REAPPOINTMENT, MAYOR PRO TEM GOODMAN. HISTORIC LANDMARK COMMISSION, THESE ARE ALL REAPPOINTMENTS AND THEY ARE ALL CONSENSUS APPOINTMENTS. JULIA BUNTON, JIM FOWLER, ELIZABETH GOINZ, LISA LACKEY. THERESA RABAGO.

LIBRARY COMMISSION, -- MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES, THESE ARE BOTH APPOINTMENTS AND THEY'RE BOTH MAYOR GARCIA. THERESA ESTROGAV AND DANIEL SERNA. PARKS AND RECREATION BOARD, THESE ARE ALL REAPPOINTMENTS. MARY RUTHHOLDER BY COUNCILMEMBER WYNN. MARY PRATT BY COUNCILMEMBER THOMAS. PAUL VALDEZ, CONSENSUS. THE RENAISSANCE MARKET COMMISSION, PAUL FARMER IS A REAPPOINTMENT, CONSENSUS. URBAN FORESTRY BOARD, DAVID CATER, REAPPOINTMENT, COUNCILMEMBER SLUSHER, URBAN RENEWAL BOARD, CHRISTINA VALDEZ, REAPPOINTMENT, MAYOR GARCIA. AND THEN WE HAVE TWO MORE ITEMS ON CONSENT. 102 AND 106.

Mayor Garcia: ALSO, ON ITEM NUMBER 31, MR. GARCIA, IF I READ THIS WRONG, THE FOLLOWING NEEDS TO BE ADDED AT THE END AND THAT IS IN ACCORDANCE WITH THE NEIGHBORHOOD AND APPLICANT AGREEMENT, THE DELETION OF THE 20% RESIDENTIAL REQUIREMENT APPROVED ON FIRST READING MUST BE READ INTO THE COUNCIL MOTION PRIOR TO SECOND AND THIRD READING APPROVAL. MR. GARCIA, CAN YOU GIVE THE CITY CLERK THE WORDING THAT NEEDS TO BE ADDED TO THAT PARTICULAR ITEM? WHAT ARE WE DOING SPECIFICALLY? WE'RE REMOVING THE REQUIREMENT THAT WE APPROVED ON FIRST READING?

YEAH, THE FIRST READING COUNCIL ASKED THAT THEY GO BACK TO THE NEIGHBORHOOD AND DISCUSS THE RESIDENTIAL REQUIREMENT. THERE WAS A MUTUAL AGREEMENT TO DELETE THAT AND THEY'VE ENTERED INTO A PRIVATE AGREEMENT. AND WE BASICALLY HAVE TWO ORDINANCES FOR YOU TODAY. ONE IS THE ONE THAT YOU APPROVED ON FIRST READING THAT HAS THAT LANGUAGE IN THERE. WE HAVE ANOTHER ORDINANCE ALSO PREPARED THAT DELETES THAT REQUIREMENT. IF COUNCIL WISHES TO GO ALONG WITH THE NEIGHBORHOOD AND THE APPLICANT'S AGREEMENT, IT'S MY UNDERSTANDING THAT'S YOUR DESIRE.

Mayor Garcia: OKAY. ALL OF THE ITEMS DEALING WITH STRATUS, THOSE ARE ALL IN THE FOUR P.M. TIME CERTAIN. AND THE ONE MEETING WITH STRATUS WILL BE CONSIDERED AT 5:45, CORRECT?

THE ZONING ITEMS WE'LL ALSO TAKE UP THAT ARE RELATED TO THE STRATUS AT 5:45.

Goodman: MAYOR? COULD I SEND A TELEVISION MESSAGE TO MY PARKS BOARD REPRESENTATIVE THAT HER NAME WAS SUPPOSED TO BE ON HERE, BUT WE MISSED IT, BUT DON'T WORRY ABOUT IT, WE REAPPOINT YOU NEXT WEEK.

Mayor Garcia: ON THE 11th.... 11TH. OKAY. THAT PERSON WILL BE ON THE BOARD AND COMMISSION APPOINTMENTS ON THE 11th OF JULY. LET ME MAKE SURE THAT SOME OF YOU SIGNED UP TO SPEAK ON ITEMS THAT ARE ON CONSENT, SO I'M GOING TO CALL YOU. MR. JEFF BENNETT SIGNED UP ON ITEM NUMBER 17.

GOOD AFTERNOON. I'M HERE TO MAKE A COMMENT ABOUT THE SELECTION PROCESS THAT WAS USED ON THIS PROJECT. I WANT TO MAKE IT CLEAR I'M NOT HERE TO PROTEST OR TO CHANGE THE RECOMMENDATION THAT'S BEEN MADE TO JOURNEYMAN CONSTRUCTION. I'M HERE TO SPEAK FOR ALL THE CONTRACTORS THAT WORK FOR THE CITY OF AUSTIN. AND OUR EXPECTATIONS THAT ALL PUBLIC BE DEALT WITH IN A FAIR AND IMPARTIAL MANNER. THE BID DOCUMENT SAID ALL RESPONSES ARE DUE PRIOR TO TWO P.M. AND IT ALSO READS THAT ALL RESPONSES AND COMPLIANCE PLANS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH WILL NOT BE ACCEPTED FOR CONSIDERATION. OUR EMPLOYEES WITNESSED THAT THE RECOMMENDED....CONTRACTOR SUBMITTED THEIR PROPOSAL AFTER TWO P.M. AND IT WAS REJECTED BY THE ADMINISTRATIVE STAFF IN SUITE 1045 AND THE ENVELOPE WAS SET ASIDE UNOPENED. TODAY YOU'RE BEING ASKED TO APPROVE THE AWARD FOR THIS PROJECT TO A JOURNEYMAN WAS CLEARLY NOT IN COMPLIANCE WITH THE RULES SET FORTH IN THE BIT DOCUMENTS. IN ADDITION, THE PERSONNEL WHO HAVE MADE THE RECOMMENDATION DID NOT FOLLOW THE PROCESS THAT THEY ESTABLISHED IN THOSE DOCUMENTS. I'M HERE TO I.. IMPLORE THAW AS WE MOVE FORWARD WITH FUTURE CITY PROJECTS THAT THE INTEGRITY AND FAIRNESS ESTABLISHED IN THE BID DOCUMENTS IS FOLLOWED. IF NOT THESE ACTIONS PUT US ALL ON A SLIPPERY SLOPE WHERE THE RULES WE'RE ASKED TO PLAY BY ARE OPEN FOR INTERPRETATION AND THE FAIRNESS OF ALL BIDDERS IS SACRIFICED FOR THE BENEFIT OF A FEW ACCEPTING PROPOSALS FROM FIRMS THAT DO NOT COMPLY WITH THE RULES IN MAKING RECOMMENDATIONS BY THIS COUNCIL KNOWING THE PROCESS WAS VIOLATED IS EXTREMELY UNFAIR TO OTHER PROPOSERS. FINALLY, I'M JUST HERE TO MAKE THE COUNCIL AWARE OF THIS PARTICULAR INDISCRETION AND ASK THAT THE CITY STEER CLEAR OF THESE SLIPPERY SLOPES IN THE FUTURE. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, SIR. ON ITEM NUMBER 22 MR. CHRIS RILEY.

WYNN: MAYOR? I'D LIKE TO ASK THE DEPARTMENT DIRECTOR OR MAYBE PURCHASING OR SOMETHING TO RESPOND TO THAT AND LET US KNOW IF THERE'S A DIFFERENT INTERPRETATION FROM THE STAFF'S PER.... PERSPECTIVE AS TO WHAT PARAMETERS WERE MET OR NOT MET.

MAYOR, COUNCIL, I'M SUE BRU....BRUBAKER I'M THE PURCHASING OFFICER. THIS IS AN EXAMPLE OF A SITUATION THAT OCCURS WHEN YOU'RE USING MORE THAN ONE CLOCK. THE CLOCK THAT WAS THE OFFICIAL TIME CLOCK WAS NOT THE CLOCK THAT THE PERSON WHEN THEY RECEIVED THIS SAID TO THE PERSON THEY LAID THEIR BID ASIDE AND SAID THEY'RE LATE. THE PERSON WALKED TO THE DOOR, TURNED AROUND AND CAME BACK AND SAID, WHAT TIME IS IT? AND THEY SAID IT'S ONE MINUTE AFTER OR IT'S 2:00 O'CLOCK, WHATEVER IT WAS. THE OFFICIAL TIME WAS NEVER STAMPED ON THAT BID. AND SO IT'S A SITUATION WHERE THE EMPLOYEE'S WATCH DID NOT COINCIDE WITH THE TIME OF THE TIME CLOCK. AND SO WHAT HAS BEEN INSTITUTED AS A RESULT OF THIS IS WHEN YOU TAKE A BID YOU STAMP IT IN, PERIOD. THAT IS THE OFFICIAL TIME CLOCK AND NOT A WRISTWATCH OR SOMEONE SAYING, WHEN I LOOKED AT IT, IT WAS 2:00 O'CLOCK OR 2:01. AND BECAUSE YOU HAVE A COMPLETE DISAGREEMENT OF TIME PIECES -- I LISTENED TO THE FACTS OF THIS AND SAID THIS BID SHOULD BE ACCEPTED. BECAUSE YOU HAVE THE OFFICIAL TIME CLOCK WAS NEVER USED TO VERIFY THAT IT WAS LATE OR NOT LATE. IT WAS AN EMPLOYEE'S TIME SAYING YOU'RE LATE BECAUSE I HAD ANNOUNCED THAT IT WAS LATE.

Wynn: AND HAVE YOU TAKEN STEPS TO CORRECT THE PROCEDURES?

YES, SIR. WE'VE CONFERRED WITH PUBLIC WORKS. THEY IMPLEMENTED NEW WRITTEN PROCEDURES THAT SAY WHEN A BID DOCUMENT COMES IN THAT EITHER THE BID ITSELF, DEPENDING ON THE THICKNESS OR A PIECE OF PAPER IN THAT TIME CLOCK IS STAMPED AND PUT IT ON THE FRONT OF THE BID, AND THAT WAY THE PERSON SEES YOU STAMP IT. THERE'S A DOCUMENT ON THE BID THAT SHOWS THE TIME AND IT'S ALL OFF OF THE SAME CLOCK.

Wynn: I'M AMAZED THAT WE HAVEN'T BEEN DOING THAT BEFORE. OUR PURCHASING PROCEDURES ARE GENERALLY SO THOROUGH, WE DO SO MUCH OF THIS WEEK IN AND WEEK OUT THAT IT STRIKES ME AS REMARKABLE THAT WE HAVEN'T BEEN DOING THAT ALREADY.

WE DO THAT IN MY OFFICE. THEY HADN'T BEEN DOING THAT OVER IN PUBLIC WORK AND I THINK IT'S LARGELY BEEN BECAUSE SO MANY OF THE BIDDERS ARE ALWAYS WAITING UNTIL THE VERY LAST MINUTE CHANGING THOSE NUMBERS. AND SO WHEN I TALKED WITH THE CONTRACT ADMINISTRATORS THEY SAID WE TRY TO GIVE THEM THAT LAST MINUTE TO CHANGE THE BID AND THEN WE ANNOUNCED TO THEM THAT THEY'RE TYING THIS UP AND I SAID THERE IN LIES THE CONFUSION BECAUSE YOU MAY NOT BE USING THE RIGHT TIME. THE ONLY WAY YOU KNOW IS IF YOU USE IT OFF THE CLOCK. I APOLOGIZE FOR THE CONFUSION OVER THIS.

Wynn: BUT YOU'VE LOOKED INTO THE FACTS OF THIS CASE AND YOU'RE COMFORTABLE WITH THAT?

I AM.

Wynn: THANK YOU, MAYOR.

Mayor Garcia: COUNCILMEMBER. LET ME ASK THE CITY CLERK IF THAT'S ALL OF THE ITEMS --

Slusher: MAYOR, WE HAVE SOMETHING TO ADD.

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: ON 28 THAT WAS INADVERTENTLY PULLED, SO I WOULD PUT THAT BACK ON ON.

Mayor Garcia: WHICH ITEM WAS THAT?

SLUSHER: 28. AND THEN 54 MY QUESTIONS HAVE BEEN ANSWERED ON THAT.

Mayor Garcia: 28 HAS BEEN POSTPONED.

Slusher: THAT'S RIGHT, 28 WAS POSTPONED. BUT SOMEHOW IT'S DOWN THAT I WAS PULLING IT. 54 I WOULD PUT BACK ON. 98 I'LL PUT BACK ON. ONCE IT'S ON THE FLOOR I'D LIKE TO HAVE AN AMENDMENT ON THAT. AND I'LL PUT BACK ON 105.

Mayor Garcia: SO 54 IS BACK ON CONSENT. 98 AND 105 SLUSH AND WHEN THERE'S A MOTION ON THE TABLE, IF YOU WOULD RECOGNIZE ME FOR AN AMENDMENT?

Mayor Garcia: I HAD 105 ON CONSENT. 104 IS -- I'LL HAVE 105 ALSO. SO 105 IS ON CONSENT. 105 R. 4 YOU WILL PUT --

SLUSHER: I WOULD STILL LIKE TO KEEP THAT OFF TOO. PLAYER......

Mayor Garcia: AND 103 ALSO? I MISSPOKE, THERE'S THREE -- PROBABLY THREE OTHER PEOPLE THAT -- AT LEAST THREE OTHER PEOPLE THAT ARE SIGNED UP ON ITEMS THAT WILL BE ON THE CONSENT AGENDA. CHRIS RILEY, IS HE HERE? HE SIGNED UP ON ITEM NUMBER 22 AND HE ASKED ME TO READ THE COMMENT THAT HE WROTE ON THE BACK OF THE CARD. IS THIS ANOTHER 42,000 IN LEGAL FEES TO TAKE PRIME DOWNTOWN PROPERTY OUT OF THE TAX BASE. WE CAN'T AFFORD IT. THERESA MITCHELL LACK. ARE YOU HERE? I SAW HER EARLIER HERE. SHE SIGNED UP ON ITEM NUMBER 26 AS BEING AGAINST. LET'S SEE, ITEM 54, LARRY HALLFORD. LARRY DIDN'T SIGN UP TO SPEAK? SOMEBODY SIGNED YOU UP, I GUESS. THAT'S RIGHT, YOU DO NOT WISH TO SPEAK. OKAY. THANK YOU VERY MUCH. I GET IT. I'VE BEEN OUT TOO LONG. OKAY. THANK YOU VERY MUCH. LET'S SEE IF I HAVE ANY OTHERS. WE'VE GOT SO MANY ITEMS ON THIS AGENDA IS THE BOTTOM LINE. ON ITEM NUMBER 105, MR. GAVINO HERNANDEZ AND SUSANA AL MAN DEZ.

GOOD EVENING. I BASICALLY WANT TO ENCOURAGE YOU TO SUPPORT THIS EFFORT IN BRINGING ALL THESE COMMISSIONS TOGETHER TO LOOK AT THESE HISTORICAL ZONING AND THE EFFECT IT'S HAVING IN THE COMMUNITY. ALSO, I WOULD ALSO LIKE TO SUGGEST THAT THIS AREA DOES HAVE PLANNING TEAMS IN PLACE AND THAT THEY BE INVOLVED AS MUCH AS POSSIBLE IN THIS PROCESS. AND THAT WE ALSO LOOK AT CONSIDERING -- AS YOU KNOW, THE GOVALLE PLAN AND THE HOLLY PLANT PLANT, THEY STILL HAVE THE INDUSTRIAL PROPERTIES. AND IF I'M NOT MISTAKEN, THE HOLLY NEIGHBORHOOD PLAN STILL HAS NOT ADDRESSED THE LI ZONING PROPERTIES THAT EXIST IN THAT PLANNING AREA. COUNCILMEMBER ALVAREZ, IF I'M NOT MISTAKEN, IS THAT TRUE THAT THOSE PROPERTIES HAVE STILL NOT BEEN ADDRESSED IN REGARDS TO THEIR ZONING?

Alvarez: THAT'S CORRECT. WE WERE GOING TO TRY TO ADDRESS THOSE. THE GOVALLE CHANGE IS DIFFICULT IN ZONING PROPERTIES WITH -- [ INAUDIBLE ]

THAT'S WHAT I WOULD LIKE. IF WE ARE BRINGING ALL THESE RESOURCES TOGETHER AT THIS TIME, MAYBE ADDRESS THOSE LI PROPERTIES AT THE SAME TIME SO THAT WE WON'T HAVE TO REPEAT THE PROCESS SINCE WE ARE HAVING ALL THESE COMMISSIONS COME TOGETHER AND LOOK AT THESE WITH THE HISTORICAL ZONING AND ALSO THE LIGHT INDUSTRIAL PROPERTIES. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU. SUSANNA ALMANZA?

MAYOR AND COUNCILMEMBERS. I ALSO WOULD LIKE TO THANK COUNCILMEMBER ALVAREZ AND DANNY THOMAS AND YOU ALL FOR PUTTING THIS ISSUE TO THE FOREFRONT BECAUSE IT IS A VERY IMPORTANT ISSUE. IT IS ONE THAT IS CONSTANTLY DISPLACING OUR COMMUNITY AND I THINK WE REALLY NEED TO LOOK AT POLICIES THAT WILL MAKE SURE THAT WE'RE NOT RELOCATED FROM THE COMMUNITIES THAT WE WERE FORCED TO LIVE IN BY THE MASTER PLANS OF THE LATE 19 20'S. I ALSO WOULD LIKE TO BE NOTIFIED WHEN THESE MEETINGS ARE OCCURRING SO THAT WE WOULD MAKE SURE AND HAVE GRASS ROOT COMMUNITY INPUT AND THE INPUT OF THOSE PEOPLE WHO LIVE IN THAT PARTICULAR AREAS TO ALSO GIVE RECOMMENDATIONS. SO I THANK YOU IN ADVANCE.

Mayor Garcia: THANK YOU. THOSE ARE ALL THE SPEAKERS WE HAVE ON THE CONSENT AGENDA. IS THERE ANYTHING ELSE ON THE CONSENT AGENDA OR DO WE HAVE A MOTION?

Thomas: I'LL BE WILLING TO MAKE A MOTION, BUT ON 105 I WOULD LIKE TO, IF I COULD, IF THEY COULD AMEND -- THERE'S SOME WORDING WE LEFT OUT ON THE NUMBER 4 WHERE PARAGRAPH 3 DOES NOT APPLY TO THE HISTORICAL ZONING CASES, I DO NEED TO ADD RIGHT AFTER WE DO ROBERTSON BROTHERS WAREHOUSE, 501 EAST I-35, AND THEN I NEED TO PUT THE EAST FROM 15,451st STREET AND THEN WE CAN CLOSE THAT OUT.

AND ALSO THE CONNELLY HOUSE, RIGHT?

Thomas: I READ THAT, MAYOR.

Goodman: THERE WAS SOME LANGUAGE THAT I THINK WAS MISINTERPRET AND SOME PEOPLE HAVE INTERPRETED THE MEANING TO BE A PROHIBITION OF MEMBERSHIP ON THIS TASKFORCE IF YOU DO NOT CURRENTLY LIVE IN EAST AUSTIN. AND I WANTED TO ASK THE SPONSORS IF THEY HAD EVEN THOUGHT ABOUT LANGUAGE THAT WAS CLEAR OR IF IT NEEDED CLARIFYING TODAY BEFORE WE VOTE ON IT BECAUSE IT IS NOT A PROHIBITION.

Alvarez: MAYOR PRO TEM, LET ME EXPLAIN EXACTLY WHAT 105 IS. BASICALLY THIS ITEM ESTABLISHES A TASKFORCE TO CONSIDER THE GENTRIFICATION IMPLICATIONS OF THE ZONING OF CERTAIN PROPERTIES HISTORIC IN EAST AUSTIN. THAT WAS AN ISSUE THAT WAS RAISED ABOUT A MONTH AGO, MAYBE A LITTLE MORE. AND I KNOW THAT OUR STAFF HAS HAD HAS BEEN WORKING AT THAT ISSUE. SO REALLY THAT WAS A WAY OF US PUTTING THE HEADS TOGETHER OF VARIOUS SITD 17 REPRESENTATIVES ON THE -- CITIZEN REPRESENTATIVES ON THE DIFFERENT BOARDS THAT MIGHT HAVE PURVIEW OVER THIS KIND OF ISSUE. SO THE TASKFORCE WOULD BE COMPRISED OF TWO MEMBERS EACH OF THE PLANNING COMMISSION, ZONING AND PLATTING COMMISSION, HISTORIC LANDMARK COMMISSION AND COMMUNITY DEVELOPMENT COMMISSION. AND THE PART THAT THE MAYOR PRO TEM IS REFERENCING IS A STATEMENT THAT SAYS PRIMARY CONSIDERATION FOR MEMBERSHIP ON THE TASKFORCE SHALL BE GIVEN TO COMMISSION MEMBERS WHO RESIDE IN EAST AUSTIN. AND I JUST -- WHAT WE WERE INTENDING BY THAT LANGUAGE IS TO MAKE SURE IN MY HEAD THAT THERE WAS AT LEAST ONE MEMBER FROM EACH COMMISSION THAT RESIDES IN EAST AUSTIN. BUT SOMEHOW TO MAKE SURE THAT THAT'S A SERIOUS CONSIDERATION THAT'S GIVEN WHEN PICKING THE REPRESENTATIVE FROM EACH OF THE COMMISSIONS, BUT IN MY POINT OF VIEW IT WASN'T EXCLUSIVE TO JUST PEOPLE WHO LIVE IN EAST AUSTIN, BUT I WANTED TO ASSURE OR SEND A MESSAGE TO THE BOARD AND THE COMMISSION THAT WE DO FEEL THAT IT'S IMPORTANT THAT EAST AUSTIN BE REPRESENTED IN THAT PROJECT.

Goodman: THANKS, COUNCILMEMBER. AND THE REASON I ASK, MAYOR, IS BECAUSE THERE ARE SOME ON THE BOARDS AND COMMISSIONS WHO DO NOT CURRENTLY RESIDE IN EAST AUSTIN, BUT GREW UP THERE AND RETAIN THEIR TIES AND ARE VERY PROTECTIVE AND THEY WOULD LIKE TO PARTICIPATE.

Mayor Garcia: SURE. OKAY. FURTHER DISCUSSION ON THE CONSENT AGENDA?

Goodman: SORRY, MAYOR, THERE'S ONE MORE THING. ON ITEM NUMBER 106, THAT'S AN ITEM SPONSORED BY COUNCILMEMBER SLUSHER, WYNN AND MYSELF, AND THAT IS THE FREE SWIM DAY AT BARTON SPRINGS POOL, WHICH WE DIDN'T MANAGE TO GET INTO JUNE. NORMALLY WE DO THIS IN JUNE. SO WE'RE SAYING IN JUNE THAT WE'RE GOING TO DO IT IN AUGUST.

Mayor Garcia: IT'S HOTTER IN AUGUST, SO IT'S BETTER.

Goodman: THAT WAS TRUE, BUT IT WAS TO COMMEMORATE A JUNE DAY. JUST SO THAT EVERYBODY KNOWS THE ANNUAL FREE SWIM DAY AT THE SPRINGS WILL HAPPEN, BUT IT WILL BE AUGUST THE 11th AND WE'LL HAVE A PROCLAMATION ON THAT DAY.

Mayor Garcia: SO GO OUT AND GET YOUR SWIM SUITS BEFORE AUGUST THE 11th, AND WE'LL SEE YOU ALL AT BARTON SPRINGS. YOU CAN GET IN FREE. COUNCILMEMBER ALVAREZ.

Alvarez: BACK TO ITEM 105. I DID WANT TO ADD ONE SENTENCE IF POSSIBLE IF THE COUNCIL FEELS IT'S APPROPRIATE. BUT UNDER THE BE IT RESOLVED SECTION UNDER PART 1 IT'S JUST TO ADD A STATEMENT AT THE END OF THAT PART THAT SAYS THE COUNCIL ENCOURAGES SPECIFIED COMMISSIONS TO MAKE THEIR APPOINTMENTS BY JULY 15TH, 2002 BECAUSE THIS SETS A DEADLINE OF SEPTEMBER 26TH FOR THEM TO REPORT BACK. AND I THINK THE ONLY ONE THAT MIGHT AFFECT WOULD BE THE HISTORIC LANDMARK COMMISSION TODAY AND TO MEET AT THE END OF EACH MONTH, SO IT MIGHT ANTICIPATE A SPECIAL CALLED MEETING, BUT IF POSSIBLE TO DO THAT AND TO GO THROUGH THE NORMAL PROCESS. AND SO TO LIMIT THE AMOUNT OF TIME THAT WE'RE USING ON THESE ITEMS THAT WE'RE NOT KEEPING ALL THESE HISTORIC CASES ON HOLD FOR VERY LONG.

Mayor Garcia: OKAY. DID YOU NOTE THAT CHANGE?

Alvarez: I'LL MAKE THAT AS AN AMENDMENT.

Mayor Garcia: IT'S JUST A CHANGE TO THE ACTUAL WORDING OF THE RESOLUTION.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: COULD I BE SHOWN AS ABSTAINING ON ITEM 32.? THAT'S NEAR MY HOME. AND IS THERE A MOTION ON THE TABLE YET?

Mayor Garcia: NOT YET.

Slusher: I WOULD MOVE APPROVAL OF THE CONSENT AGENDA AND THEN I HAVE AN AMENDMENT ONCE WE GET A SECOND.

Mayor Garcia: I'M NOT SURE YOU CAN MAKE A MOTION IF YOU'RE ABSTAINING ON AN ITEM.

Slusher: OKAY. I'LL WITHDRAW MY MOTION. THANK YOU FOR CATCHING ME ON THAT. I'M TRYING TO GET A MOTION ON THE TABLE.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS. IS THERE A SECOND? SECONDED BY NEWLY ELECTED COUNCILMEMBER DUNKERLEY. WE HAVEN'T GIVE GIVEN HER A HAND, HAVE WE? YOU GOT ONE ON THE 15TH, DIDN'T YOU, BETTY? [ APPLAUSE ] OKAY. THERE'S A MOTION BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER DUNKERLEY. AND I'LL READ INTO THE RECORD AGAIN THE ITEMS ON THE CONSENT AGENDA THAT ARE BEING CONSIDERED. ITEM NUMBER 17, ITEM NUMBER 18 IS TO POSTPONE INDEFINITELY. ITEMS 19, 20, 21, 22, 23, 24, 25, 26, 28, 29 AND 30 TO POSTPONE TO JULY THE 11th. ITEM NUMBER 31 WITH THE CHANGES THAT WE READ INTO THE RECORD THAT WILL BE GIVEN TO YOU BY THE DEVELOPMENT REVIEW AND INSPECTION DEPARTMENT. ITEM NUMBER 32 POSTPONED BY APPLICANT UNTIL AUGUST THE EIGHTH. 33 SECOND AND THIRD READING, 34 SECOND AND THIRD READING, 35, 36, 37, 38 TO POSTPONE TO JULY THE 11th. 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 WITH THE CHANGES THAT WERE READ INTO THE RECORD. 50 WITH THE CHANGES THAT WERE READ INTO THE RECORD ON THE CHANGES AND CORRECTIONS. 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 -- THOSE TWO, 66 AND 67 CONSENT TO POSTPONE UNTIL JULY THE 11th. 68, 69, 70, 71, 72, 73, 73, 75, 76, 77, 78, 79, 80 TO POSTPONE TO JULY THE 11th OF '02. 81, 82, 83, 84 -- I'M GETTING AS FAST AS MAYOR WATSON HERE. IF I'M GOING TOO FAST, SLOW ME DOWN. 84, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 98, 99, 100, 101. AND THE LIST OF APPOINTEES HAS BEEN READ INTO THE RECORD. IT'S AVAILABLE FOR ANYBODY WHO HAS QUESTIONS OR WHO MAY WANT INFORMATION ON IT. 102, 105 AND 106. AND ALL THE OTHERS ARE TIME CERTAIN ITEMS. ALL RIGHT. ALL THE OTHERS ARE TIME CERTAIN ITEMS AND PUBLIC HEARINGS OR ZONING CASES HEARING HEARINGS OR STRATUS PROPERTY ITEMS. THERE'S BEEN A MOTION AND A SECOND BY COUNCILMEMBER THOMAS AND COUNCILMEMBER DUNKERLEY. FURTHER DISCUSSION?

Slusher: I HAVE AN AMENDMENT. ON 98. I WOULD LIKE -- THAT'S THE FUNDS FOR THE HYDRILLA CONTROL. AND I WOULD LIKE TO ADD THAT THOSE FUNDS THAT THE CITY GETS WILL NOT BE USED FOR HERBICIDES, PUTTING HERBICIDES INTO LAKE AUSTIN. AND MS. McCLINTOCK IS AVAILABLE TO TALK ABOUT THAT.

MAYOR GARCIA: OKAY, STAFF MEMBER?

YES, SIR. WHAT THIS RCA DOES IS ENABLE US TO GET MATCHING FUNDS FROM TEXAS PARKS AND WILDLIFE DEPARTMENT. THE PLAN IS TO USE THAT MONEY TO BUY STERILE GRASS CARP TO PUT IN THE LAKE TO HELP US WITH HYDRILLA IF THE TRACKING STUDY THAT'S NOW BEING DONE IN LAKE AUSTIN IS SUCCESSFUL AND TEXAS PARKS AND WILDLIFE DECIDES TO APPROVE A PERMIT FOR THE STOCKING OF THOSE FISH. SO IT WOULD NOT BE USED FOR CHEMICAL CONTROL IN THIS CASE, IT WOULD BE USED FOR THE BIOLOGICAL CONTROL.

Mayor Garcia: OKAY. MS. BROWN, HAVE YOU GOT THAT? OKAY. FURTHER DISCUSSION?

Alvarez: MAYOR? ON 105, WHICH IS THE TASKFORCE TO LOOK AT THE ZONING ISSUES, I HAD AN ISSUE FOR MS. FUTRELL. I DON'T KNOW IF THERE'S BEEN SPECIFIC CONTACT ALREADY IN TERMS OF WHO IS LOOKING AT THAT ISSUE OR IF FOLKS WANT NOTIFICATION OF THAT MEETING, MEMBERS OF THE PUBLIC, BUT WE CAN DIRECT THEM TO ONE -- WHEN THE FIRST MEETING OF THAT TASKFORCE OCCURS SO THAT THEY CAN BE NOTICED TO THOSE INTERESTED PARTIES.

WE'LL LOOK FOR A MECHANISM TO MAKE SURE EVERYBODY IS AWARE OF THE MEETING AND LOOK FOR A SPECIFIC CONTACT FOR YOU TO GIVE NAMES OR CONTACT TO FOR INFORMATION.

Alvarez: THANK YOU.

Mayor Garcia: FURTHER DISCUSSION ON THE CONSENT AGENDA? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES. AND YOU'VE GOT THE ITEM THAT COUNCILMEMBER SLUSHER IS ABSTAINING ON, ITEM NUMBER --

32.

Mayor Garcia: I'LL ALLOW A COUPLE OF MINUTES FOR PEOPLE WHO ARE LEAVING THE CHAMBERS AT THIS TIME. I'LL GO BACK TO NUMBER 15, APPROVAL OF THE WORK....THE WORK SESSION MINUTES AND THE REGULAR SESSION MINUTES. IS THERE A MOTION? MOTION BY COUNCILMEMBER WYNN. AND I'LL SECOND THAT MOTION. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE, WITH COUNCILMEMBER SLUSHER TEMPORARILY ABSENT. ITEM NUMBER 16, COUNCILMEMBER WYNN?

Wynn: THANK YOU, MAYOR. I JUST WANTED TO ACTUALLY FOLLOW-UP ON YOUR AGENDA QUESTION EARLIER IN THE WEEK, MAYOR. I JUST HAVE -- I'LL GIVE A QUICK SYNOPSIS OF WHAT THE PROCESS WAS,. WHETHER THEY'RE SOLICITED OR UNSOLICITED PROJECTS AND HOW THE COMMUNITY SORT OF KNEW ABOUT IT, HOW TO PRESENT IDEAS, ETCETERA.

COUNCILMEMBER WYNN, THE HOLLY MITIGATION --

Mayor Garcia: PLEASE IDENTIFY YOURSELF FOR THE THOUSANDS OF PEOPLE THAT ARE WATCHING.

YES, SIR. MY NAME IS JUAN GARZA, I'M THE GENERAL MANAGER FOR AUSTIN ENERGY. COUNCILMEMBER WYNN, THE PROCESS IS FAIRLY WELL-KNOWN IN THE COMMUNITY. WE DID NOT DO A FORMAL SOLICITATION OF PROPOSALS AT THIS TIME. WE DID RECEIVE SOLICITATION DIRECTLY TO MY OFFICE. WE HAD SOME GO DIRECTLY TO COUNCILMEMBERS AND WE HAD SOME GO DIRECTLY TO THE PUBLIC MEETINGS. WE TOOK THE VARIOUS SOLICITATIONS TO THE SUBCOMMITTEE OF THE EUC. WE REVIEWED THEM AND MADE A RECOMMENDATION. WE REVIEWED THE PROPOSAL TO MAKE SURE THEY COMPLIED WITH THE POLICY GUIDE...... GUIDELINES THAT WERE SET BY THE COUNCIL ORIGINALLY WHEN THE FUND WAS FIRST ESTABLISHED. THEY DO MEET THOSE GUIDELINES. WE DO INTEND TO DO A MORE FORMAL PROCESS AND COME BACK TO THE CITY COUNCIL SOMETIME IN THE EARLY PART OF NEXT YEAR TO FURTHER MOVE THIS ALONG. WE WERE MOVING QUITE ALONG IN THE BUDGET PROCESS. WE WERE HOPEFUL THAT WE WOULD END THE YEAR WITHOUT HAVING BROUGHT SOMETHING TO THE COUNCIL, BUT WE DECIDED TO BRING THESE FORWARD TO YOU AT THIS TIME.

Wynn: OKAY. THANK YOU. WITH THAT, MAYOR, I MOVE APPROVAL OF ITEM NUMBER 16.

Mayor Garcia: I'LL CALL ON YOU FOR THE MOTION. MS. SUSANNA ALMANZA. FOLLOWING HER IS [ INAUDIBLE ].

GOOD AFTERNOON. I'M SUSAN ALMA IS A WITH PODER. AND I DO HAVE SOME QUESTIONS BECAUSE THERE'S NO WAY THAT EVEN THOUGH SOME OF THE COMMUNITY MEMBERS MIGHT KNOW ABOUT THE MITIGATION FUND MONEY, THERE REALLY ISN'T A PROCESS THAT'S SET UP THAT NOTIFIES EVEN THE ORGANIZATIONS WITHIN THE AREA OF THE HOLLY PARK PLANT THAT THIS MONEY IS AVAILABLE AND THAT PROPOSALS CAN BE SUBMITTED. AS FAR AS I KNOW, THERE'S NO EXACT CRITERIA ON IT. THE VISIT THAT PODER GET AS PART OF THE HOLLY PLANT CLOSURE COMMITTEE, SO YOU WOULD THINK THE CLOSURE COMMITTEE WOULD BE INFORMED AND GIVEN THE APPLICATION PROCESS, WHICH IS NOT REALLY HAPPENING. IS THAT MR. JOE PEREZ'S OFFICE SUBMITTED A PROPOSAL FOR ACTUALLY RECONSTRUCTING HOMES FROM THE BOTTOM ON UP IN THAT PARTICULAR AREA, WHICH HAVE BEEN DONE HARM BY THE MERE SITING OF THE POWER PLANT THERE AND THE FUNCTION THAT IT'S HAD IN THE PAST AND CONTINUES TO HAVE. SO I DO RECOMMEND AND WE HAVE MET WITH MR. JUAN GARZA AND ARE STARTING TO SET UP THAT STRUCTURED MEETING ON A REGULAR BASIS, BUT I THINK THAT THE PROCESS NOW HAS TO BE REVISITED SINCE IT HAS TO BE THE CRITERIA PUT IN PLACE AND THAT THAT CRITERIA AND THAT PROCESS HAS TO BE KNOWN TO THE COMMUNITY AT LARGE THERE, WHICH DOES NOT -- PROBABLY NOT NOOK ON THE DOOR OF THE SOME OF THE COMMUNITY ORGANIZATIONS THAT HAVE BEEN WORKING ON THIS PROCESS AND KNOW ABOUT IT. BUT THERE'S NOT MUCH THAT KNOWN. I'M VERY CONCERNED THAT WE'RE USING THE MITIGATION MONIES WHEN THERE COULD BE MONEY TAKEN FROM OTHER SOURCES, NOT THAT WHAT IS BEING REQUESTED BEFORE YOU IS NOT IMPORTANT, BUT I THINK THAT THAT SHOULDN'T BE COMING FROM THE MITIGATION MONEY BECAUSE THE REAL HARM AND THE THINGS THAT HAVE BEEN DONE I THINK WOULD BENEFIT MORE THE PEOPLE WHEN YOU LOOK AT THE HOUSING ISSUES AND THE RECONSTRUCTION ISSUES, ESPECIALLY WHEN AT ONE TIME YOU HAD THE WEATHERIZATION PROGRAM DONE, YOU HAD THE WINDOW UNITS HANDED OUT THERE, BUT HOW DID THE PEOPLE BENEFIT BY THOSE PARTICULAR AREAS WHEN THEY COULDN'T AFFORD TO PAY THE UTILITY BILLS, THEREFORE THE AIR CONDITIONING UNITS WERE NOT TURNED ON. AND HOW WAS IT WHEN WE DID THE WEATHERIZATION AND THE FOUNDATION OF THE HOMES WERE BASICALLY FALLING APART? SO I THINK THAT WE REALLY NEED TO LOOK AT THAT PROCESS AND THAT CRITERIA AND SET IT UP. I THINK NEXT YEAR IS WAY TOO LONG. I THINK WE NEED TO BEGIN THAT PROCESS IMMEDIATELY. AND THE HOLLY POWER PLANT CLOSURE COMMITTEE IS ONE COMMITTEE THAT REALLY NEEDS TO BE INFORMED IN THAT PROCESS. THANK YOU.

Mayor Garcia: THANK YOU, MS. ALMANZA. MR. GAVINOFER NAN SAYS. WELCOME, -- FERNANDEZ. THANK YOU, SIR.

I'M A MEMBER OF HE WILL CONCEAL WHY I DON'T AND ALSO A MEMBER OF THE HOLLY CLOSURE COMMITTEE. AND BEING PART OF THE DISCUSSIONS WHERE THE MITTATION DOLLARS CAME ABOUT, I DO SUPPORT THE IMPROVEMENTS REGARDING THE RESTORATION OF THE MURALS AND THE HOST OF THE PROGRAM AT METZ BECAUSE I THINK THESE ARE THE TYPE OF PROJECTS THAT THE MITIGATION INTENTION WAS IN ORDER TO MITIGATE SOME OF THE HARM THAT THE EXISTENCE OF THE HOLLY POWER PLANT HAS MADE TO THE EXISTING AND SURROUNDING NEIGHBORHOODS. I DO HAVE A PROBLEM, THOUGH RKSZ....WITH THE $49,000 WITH THE REC CENTER. BEING A PARKS EMPLOYEE, THIS IS A LIST, A PARKS AND RECREATION EQUIPMENT LIST THAT SHOULD NOT BE USED AND BE FUNDED WITH MITIGATION DOLLARS. THE MITIGATION DOLLARS WERE NOT SET UP TO MAUCK THESE TYPE OF -- MAKE THESE TYPE OF INVESTMENTS IN THE COMMUNITY. SOME OF THESE ITEMS ARE INSULTING. ONE BILLION DOLLAR BUDGET ORGANIZATION IS ASKING TO FUND ONE EIGHT-INCH SKILL LET FOR $11 OUT OF THE MITIGATION. THAT JUST GOES TO SHOW YOU THE EXTREME OF HOW THESE FUNDS ARE BEING USED. CANOES, $1,395. WHERE ARE THESE CANOES GOING TO BE KEPT OUT. A TRAILER FOR CANOES, ALMOST TWO THOUSAND DOLLARS. WE HAVE HOMES AND ELDERLY PEOPLE AROUND THE HOLLY POWER PLANT THAT THEIR ELECTRICAL WIRING IS A FAR CRY FROM UPGRADE. THE ROOFS ARE LEAKING VERY MUCH WHEN THE WEATHER COMES AROUND. THESE ARE THE TYPE OF THINGS THAT WE EXPECTED AND WOULD HOPE THAT THESE MITIGATION DOLLARS WOULD BE INVESTED IN. NOT IN GENERAL RECREATION EQUIPMENT THAT SHOULD BE PURCHASED OUT OF GENERAL FUND DOLLARS. YOU KNOW, THESE ARE ITEMS THAT ARE BASICALLY -- I MEAN,. AGAIN, SHOULD BE USED AND PURCHASED WITH GENERAL FUND DOLLARS IF THESE ARE THE KIND OF MONIES YOU WANT TO USE. BUT IT IS EMBARRASSING TO OUR COMMUNITY TO LEARN THAT WE'RE NOT ABLE TO RECEIVE ANY KIND OF FUNDS FOR REMODELLING OF HOMES FOR SENIOR CITIZENS AND OUR HOMEOWNERS, BUT AGAIN, WE CAN BE VERY, YOU KNOW, -- I MEAN, I DON'T KNOW. WHEN THFTION BROUGHT TO MY ATTENTION, I THOUGHT WE HAD TALKED ABOUT THIS, WE HAD THOUGHT THAT THIS WAS NO LONGER GOING TO CONTINUE. WE'VE ALREADY SUBSIDIZED GUIL AND THE CA... CAMACHO CENTER FOR ALL THESE YEARS. WE DID THE CINCO DE MAYO FOR MANY YEARS TO SUBSIDIZE THESE COSTS. OUR NEIGHBORHOOD SUFFERS FROM THESE EVENTS IN ORDER THAT THEY CAN BUY THIS KIND OF STUFF, BUT NOT WITH THE MITIGATION DOLLARS. AND I DO THINK WE NEED TO GO AND SET UP A PROCESS THAT WILL INCLUDE ALL PEOPLE AND ALL PARTIES SO THAT INTEGRITY OF THE SPENDING WILL BE MAINTAINED. THANK YOU.

[ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

Mayor Garcia: THERE'S BEEN A MOTION AND TWO AMENDMENTS.

FIRST OF ALL BEFORE WE GET INTO ANY DETAILS OF IT IN AN ITEM LIKE THIS, WE USUALLY SEPARATE THE NEGOTIATION AND EXECUTION EVEN IF IT'S ONLY LONG ENOUGH TO READ THAT CONTRACT BEFORE IT IS ADMINISTRATIVELY APPROVED BUT THAT'S A LANGUAGE ISSUE THAT I WILL COME BACK TO LATER. I WANTED TO REMIND THE COUNCIL AND THOSE WHO ARE INTERESTED THAT THE REASON THIS PARTICULAR CONSULTANT WAS INCLUDED IN LAST YEAR'S BUDGET WAS SO THAT THE CULTURAL EXTENDING PROCESS THAT ENDED IN SUCH CONTROVERSY AND SUCH PLIT I CANIZED NONPRODUCT I HAVE ACTION DID NOT HAPPEN THIS YEAR. THE CONSULTANT WAS TO BE IN PLACE SO THAT THIS YEAR'S SPENDING PROCESS DID NOT FALL INTO THE CONFLICT AND UGLINESS THAT HAPPENED LAST YEAR. THAT DIDN'T HAPPEN. WE'RE JUST NOW GETTING TO THE CONSULTANT, THIS YEAR'S FUNDING PROCESS THAT AN END, VIRTUALLY AT AN END. AND THERE IS NO REAL CHANCE TO UNDO WHAT IS NOW THE SITUATION FOR THE CULTURAL ARTS COMMUNITY WHO HAVE TRIED TO BE RESPONSIBLE APPLICANTS TO THE PROCESS AND RECEIVE FAIR AND HOPEFULLY ENCOURAGING TREATMENT FROM THAT PROCESS. THAT DIDN'T HAPPEN. AND YOU ADD TO THAT THE FACT THAT THE ECONOMY THIS YEAR IS ESPECIALLY BAD, MUCH, MUCH WORSE THAN LAST YEAR WHEN, THROUGH VARIOUS LITIGATION FROM THE ARTS COMMISSION AND COUNCIL WE WERE ABLE TO KIND OF EVEN OUT THE PLAYING FIELD A LITTLE BIT AND MAKE A LITTLE BIT MORE FAIR DECISION MAKING, THEY HAVE BEEN ABLE TO ACQUIESCE TO. SO GIVEN THAT, THE FUNDING PROCESS ITSELF IS VIRTUALLY OVER AND THE CONSULTANT IS NOW NOT IN A POSITION TO DO ANYTHING AT ALL FOR THIS YEAR'S FUNDING OTHER THAN PERHAPS REVIEWING SOME THINGS RETROACTIVELY THAT ARE TOO LATE IN THE PROCESS TO DO ANYTHING ABOUT. I'D LIKE TO REMIND US ALL, TOO, THAT IN ADDITION TO THAT VERY SPECIFIC AND VERY NARROW FOCUS, THIS WAS A COUNCIL INITIAL I HAVE OF DEVELOPING POLICY AND IN FACT, IT WAS THE IMPETUS OR UNDERSTANDING THAT THE ARTS COMMUNITY AS WE HAVE TRADITIONALLY KNOWN IT TO BE IS REALLY VERY DIFFERENT IN THE YEAR 2002 THAN IT WAS BACK IN THE SEVENTIES AND EIGHTIES WHEN THIS IDEA WAS FIRST BEING DEVELOPED INTO SOMETHING THAT WE COULD IMPLEMENT AND SUPPORT. SO IN TERMS OF WHAT WE NEED FROM THE CONSULTANT, THERE WILL PROBABLY NEED TO BE A LITTLE BIT MORE COUNCIL INPUT INTO DEVELOPING THE RMP BECAUSE IT WAS AN INITIATIVE AND HAS TO DO WITH DEVELOPING POLICY AND THAT DOESN'T NECESSARILY COME THROUGH IN THE BLACK AND WHITE THAT GOES OUT TO THE CONSULTANTS TO RESPOND TO. NONETHELESS, AS I READ QUICKLY THROUGH THE TOP THREE RESPONDERS TO THE RFP, I NOTICED THEY ARE ALL VERY EXCELLENT FIRMS AND THERE WERE SEVERAL INTUITIVE REMARKS IN ONE OF THE APPLICATIONS THAT I WAS DRAWN TO FOR WHAT WE NEED, FOR WHAT IT IS WE'RE GOING FOR. I WANTED TO SPECIFICALLY ADD TO WHAT I THINK THIS CONTRACT IS FOR AND THIS CONSULTANT WILL HELP US DO, IS AGAIN BEYOND THAT VERY NARROW FOCUS OF THE PROCESS ITSELF. THAT'S VERY PRACTICAL, BLACK AND WHITE, BREAD AND BUTTER, BUT IT'S REALLY TO GO BEYOND THAT. AND WHAT I'D LIKE TO ALSO ADD IS DIRECTION AT THIS POINT FOR THE CONSULTANT AND FOR THE AUDITER STILL AS THE LEAD DEPARTMENT IS TO SAY THAT AT THIS JUNCTURE, AT THIS BEGINNING OF A LARGER INITIATIVE, A LARGER COUNCIL INITIATIVE, I THINK THAT WHAT WE NEED TO DO IS BE SURE THAT SEVERAL ADVISORY GROUPS ARE USED FOR INPUT OF VARIOUS PARTS OF WHAT IS BEING LOOKED AT, AND THAT WOULD BE SO THAT WE COULD GET INPUT BACK ON PANEL REVIEW, ON COMMISSION GUIDELINES, AND THE MECHANICS OF THE PROCESS. BEYOND THAT, THOUGH, WE NEED TO ESTABLISH A CLEARER VISION OF WHAT THE CREATIVE ARTS COMMUNITY IS IN AUSTIN AND UNDERSTAND THE EXPANSION OF THEIR ROLE THAT GOES FAR BEYOND WHAT YOU MIGHT THINK OF AS ARTI SON AND GARRETT. THEY ARE REALLY THE BACKGROUND OF OUR COMMUNITY AND COUNCILMEMBER DUNKERLY HAS SOME LANGUAGE THAT SHE WOULD LIKE TO MENTION LATER SO THAT WE ALL HAVE A CLEAR IDEA OF THE VISION THAT IS POSSIBLE FOR US TO GRASP. SO IN LOOKING FOR THAT, I THINK THAT THERE MUST ALSO BE A STAFF WORK GROUP THAT HELPS WITH OVERSIGHT AND JUST PARTICIPATING AND UNDERSTANDING FROM THEIR PART OF WHAT THEY SEE FROM DIFFERENT ANGLES THAT HAS NOT YET BEEN COORDINATED IN THAT CREATIVE COMMUNITY. SO NOT TO PRECLUDE ANYONE ELSE, BUT RIGHT AWAY WE KNOW THAT SOMEONE FROM FINANCE MUST BE THERE IN THEIR PURSUIT OF SUPPORT AND OPPORTUNITY IN TELECOMMUNICATIONS, MULTIMEDIA, FILM, MUSIC AND SO ON. THAT, TOO, IS PART OF THE CREATIVE ARTS COMMUNITY. REDEVELOPMENT SERVICES IS HEAVILY INVOLVED IN THAT SORT OF NATURE AND CHARACTER CULTURE ISSUES AND SO ON AND IT MAY BE THAT SOMEONE FROM AVIATION OR THE OTHER CULTURAL ASPECTS THAT WE'VE INTRODUCED INTO THE AIRPORT IS APPROPRIATE. AND CAN HELP. THERE MAY BE, OF COURSE, -- OF COURSE FROM PARKS, OF COURSE, AND WE HAVE ARTS IN PUBLIC PLACES THERE, TOO, TO BE REPRESENTED AS WELL AS THE CULTURAL ARTS IN THE FUNDING PROCESS. AND THERE MAY BE OTHERS. THERE MAY BE SOMEONE FROM PUBLIC WORKS OR SOMEONE ELSE WHO'S INTERESTED IN HOW THE CREATIVE INTELLIGENCE OF OUR COMMUNITY ENTERS INTO DESIGN AND SO ON, BUT I JUST DIDN'T WANT THESE PARTICULAR ONES TO BE FORGOTTEN, AND WE CAN EXPAND MORE. AND FINALLY, INFORM LOOKING AT THE GOP OF THE -- SCOPE OF THE CONSULTANT'S WORK, I THINK THAT 60 DAYS, THAT AGAIN PROBABLY COULD HAVE BEEN CLARIFIED HAD THERE BEEN MORE INPUT IN DEVELOPING THE RFP WITH COUNCILMEMBERS AND WITH DIRECTION AND POLICY WE WERE TRYING TO HEAD FOR. SO WE HAVE ALL THE PIECES OF WHAT COULD BE A VERY PRODUCTIVE AND BENEFICIAL STEP FOR THIS COMMUNITY, ESTABLISHING WHAT IS, IN FACT, OUR BACKBONE AND FABRIC FOR THE NEW CENTURY. THOSE ARE MY SUGGESTIONS FOR WHAT MUST GO WITH THE SCOPE OF THIS CONSULTANT'S WORK, AND I WOULD TURN IT OVER TO COUNCILMEMBER DUNKERLY.

Dunkerly: THANK YOU VERY MUCH. I THINK THE MAYOR PRO TEM HAS MENTIONED SEVERAL GROUPS THAT WE WOULD LIKE TO HAVE THE CONSULTANT COORDINATE WITH. SPECIFICALLY I WOULD LIKE TO SEE THEM COORDINATE WITH COUNCILMEMBER WYNN'S GROUP THAT, I THINK IT'S THE MAYOR'S TASK FORCE ON ECONOMIC DEVELOPMENT. THE CREATIVE ARTS AND THE CREATIVE BUSINESSES ARE GOING TO BE ONE OF THE SIGNIFICANT ELEMENTS OF A COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN FOR THE CITY. SO I WOULD JUST LIKE TO MAKE SURE THAT WE HAVE THAT COORDINATION WRITTEN INTO THE SCOPE OF WORK SO THAT WE CAN SEE HOW WE CAN BEST FOLD THAT IN TO OUR EFFORTS IN THIS ECONOMIC DEVELOPMENT AREA. THANK YOU.

AND RELATIVE TO THAT? I THINK THAT SINCE THIS IS AN INITIALLY SHORT TIME FRAME NOW AS IT'S BENEFICIALLY PUT OUT THERE, ALTHOUGH I DON'T THINK IT AT ALL IS THE LENGTH AND BREADTH OF THE SCOPE WE'RE GOING TO NEED, BUT COUNCIL, OR AT LEAST COUNCILMEMBERS WHO ARE INTERESTED NEED TO BE ROUTINELY UPDATED ON WHAT'S BEEN HAPPENING, AND I WOULD SO NO LATER THAN EVERY OTHER WEEK, CONSIDERING THE TWO MONTH TIME FRAME THAT'S MENTIONED IN HERE. AND WITH THAT I HAVE A MOTION?

Mayor Garcia: READY FOR A MOTION.

ITEM NUMBER 86, I WOULD MOVE TO APPROVE A RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION AFTER COUNCILMEMBERS ARE ABLE TO READ THAT CONTRACT OF A PROFESSIONAL SERVICES CONTRACT WITH DABNEY AND ASSOCIATES.

OKAY. THIS PARTICULAR ONE ITEM, NO. 86, THE RECOMMENDATION THAT WE INSERT THE NAME OF DABNEY AND ASSOCIATES IN THE PLACE WHERE IT SAYS THE CULTURAL PLUS PLANNING GROUP OF LOS ANGELES. AND IS THERE A SECOND FOR THAT MOTION? SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION?

YES, MAYOR.

Mayor Garcia: COUNCILMEMBER?

PARDON?

THE ONE YOU ARE INSERTING.

OH, YEAH.

IS REALLY ON THE LIST.

THEY ARE ONE OF THE TOP THREE.

TOP THREE? OKAY. AND IF YOU WANT TO KNOW SOME OF THE REASONS?

NO, MA'AM, I NEED TO KNOW A LITTLE BIT MORE ABOUT THE COMPANY, TOO.

WELL, THEY ARE ALL EXCELLENT. THERE'S BEEN A LITTLE HOME WORK, A LITTLE RESEARCH FROM PEOPLE WHO DIDN'T KNOW THE VARIOUS PRINCIPLES INVOLVED AND ALTHOUGH ALL OF THEM ARE GOOD, NUMBER 1, IN A PRACTICAL SENSE, THIS ONE IS CLOSER TO HOME AND WE CAN CUT DOWN ON TRAVEL TIME AND EXPENSE BECAUSE THE SCOPE OF THE RFP IS, IN FACT, A LITTLE BIT DIFFERENT, IS A LITTLE BIT MORE OF A BEGINNING RATHER THAN A REPORT, WHICH THE RESPONDENTS MAY HAVE GOTTEN MORE OF THAT IMPRESSION ABOUT WHAT IT IS WE WANT FROM THEIR CONTRACTUAL OBLIGATION HERE. THEY ARE ALSO EXCELLENT IN MANAGEMENT EXPERIENCE, AND OUT OF THE THREE APPLICATIONS, THE ONLY ONE THAT REALLY KIND OF HIT AS JUST A MATTER OF FACT, PART OF THEIR PRESENTATION ON THE POLICY DEVELOPMENT THAT WE WERE LOOKING AT HERE AND ADDRESSING THE PUBLIC POLICY AS A PART OF WHAT THEY OFFER AS DABNEY AND ASSOCIATES. SO THOSE ARE THE TWO OVERALL POINTS IN THEIR FAVORITE. AND AGAIN, NOT TO TAKE AWAY IN ANY WAY FROM THE OTHER TWO, I'M SURE ALL THE OTHERS BESIDES THOSE THREE ARE ALSO EXCELLENT, BUT I THINK THE WAY THAT THE RFP WAS PRESENTED, YOU WERE GOING TO HAVE TO LOOK FOR INSIGHT AND INTUITION AND I FOUND IT IN DABNEY.

OKAY. THANK YOU.

Mayor Garcia: A MOTION AND A SECOND ON ITEM NUMBER 86. DID YOU -- MS. BROWN, DID YOU GET THE NAME OF THE FIRM? OKAY. FURTHER DISCUSSION? IF NOT.

Mayor Garcia: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0.. NOW WE GO TO ITEM NUMBER 97. COUNCILMEMBER SLUSHER, ITEM NUMBER 97. CAN YOU PUT THE MICROPHONE ON?

Slusher: YES. THIS IS SERVICE EXTENSION ASK WHERE IT WOULD GO FROM PROPERTY THAT'S OVER TWO ACRES WOULD GO TO FOUR HOUSES, BUILT FOUR HOUSES, AND I UNDERSTAND IT DOESN'T HAVE TO GO TO THE ZONING AND PLANNING COMMISSION FOR VARIANCE IN ORDER TO BE ABLE TO BE BUILT ON LESS THAN TWO ACRES, BUT WE HAVE TO DECIDE WHETHER TO DO THE SERVICE EXTENSION REQUEST FIRST, AND IT SEEMS IT SHOULD BE THE OTHER WAY AROUND TO ME. AND I'M NOT SURE I -- IF I WAS ONE OF THOSE MEMBERS, I DON'T KNOW IF I WOULD VOTE FOR THIS VARIANCE, BUT IF WE VOTE FOR THE SERVICE EXTENSION REQUEST, IT SEEMS LIKE TO ME WE'D BE SENDING A MESSAGE THAT THEY SHOULD VOTE FOR IT. THAT DOESN'T, OF COURSE, MEAN THEY WOULD DO IT AS WE KNOW, BUT THAT CONCERNS ME. IT SEEMS LIKE MAYBE THAT'S A FLAW IN THE PROCESS.

MAYOR AND COUNCIL, MY NAME'S CHRIS LIPPE, DIRECTOR OF WATER AND WASTEWATER DEPARTMENT. THE TIJ OF THE SERVICE EXTENSION REQUEST IS VERY EARLY IN THE -- TIMING OF THE SERVICE EXTENSION REQUEST IS VERY EARLY IN THE DEVELOPMENT PROCESS. IT'S TYPICALLY ONE OF THE FIRST STEPS. THE AVAILABILITY OF WATER AND WASTEWATER SERVICES IS SO CRITICAL TO DETERMINING ANY OF THE -- TO MAKE PLANS FOR A PIECE OF PROPERTY. IT JUST COMES VERY EARLY IN THE PROCESS. WE'RE STARTING A PROCESS IMPROVEMENT TEAM TO LOOK AT THIS PROCESS AND REVIEW IT AGAIN BECAUSE THESE KINDS OF ISSUES CONTINUE TO COME UP WHERE WE GET THE REQUEST VERY EARLY BUT THERE ARE SOME REMAINING ISSUES. WHEN WE APPROVE A SERVICE EXTENSION REQUEST, WE ALWAYS HAVE THE CLAUSE IN THERE THAT THE APPLICANT MUST MEET ALL, ALL CODE AND ORDINANCE REQUIREMENTS OF THE CITY. SO IN THIS CASE AS WE MOVE FORWARD, THEY WOULD HAVE TO DEVELOP THE LAND UNDER THE EXISTING CODES AND ORDINANCES, BUT THIS IS JUST ONE OF THE INITIAL QUESTIONS THAT THE LANDOWNERS TYPICALLY ASK IS AVAILABLE OF SERVICE.

WELL, THAT WOULD MEAN THEN THINGS THEY HAVE TO DEVELOP UNDER THE SYSTEM CODES AND ORDINANCES, THAT WOULD MEAN IN ORDER TO DO WHAT THEY WANT TO DO HERE, THEY WOULD HAVE TO GET THE VARIANCE. I THINK THAT WASN'T CLEAR TO ME FROM THE BACKUP. AND BEFORE I COULD VOTE TO -- I JUST REALLY NEED MORE INFORMATION. IT'S MORE LIKE A LAND DEVELOPMENT CASE TO ME THAN JUST A WATER CASE. WE COULD SEND IT TO HAVE AUR ENVIRONMENTAL STAFF LOOK AT IT A LITTLE MORE CLOSELY AND BRING IT BACK.

OKAY. IS THAT THE MOTION THAT YOU MAKE?

SURE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER ON ITEM NUMBER 97 TO SEND THIS ITEM BACK TO THE ENVIRONMENTAL DEPARTMENT. WHICH DEPARTMENT OR WHICH COMMISSION?

Slusher: WATERSHED PROTECTION AND ANYBODY ELSE THAT SEES FIT TO LOOK AT IT.

Mayor Garcia: OKAY. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? STATE AGAIN FOR PURPOSES OF THE RECORD THE -- WHAT YOU EXPECT OUT OF THE WATERSHED PROTECTION.

Slusher: I WOULD LIKE TO SEE AN ANALYSIS ON THE IMPACT OF THE ENVIRONMENT FROM THIS PROPOSAL BEFORE WE JUST DECIDE WHETHER OR NOT TO, FOR THE WATER SERVICE AND THEN SEND IT OVER TO THE ZAP FOR VARIANCE BECAUSE IT'S NOT COMPLYING -- WHAT'S PROPOSED DOES NOT COMPLY WITH OUR ORDINANCES. WE HAVE TO HAVE A VARIANCE, AND IT SAID THEY -- IN THE BACK IT SAID THEY WOULD BE REQUIRED TO COMPLY WITH THE ORDINANCE. WHAT THEY ARE GOING TO DO IS GET THE WATER SERVICE AND GO SEEK A VARIANCE UNLESS THEY WANT TO GET THOSE FOUR LOTS. THIS IS OUFLT WATERSHED, DRIPGING WATER SUPPLY. SO I HAVE SOME CONCERNS ABOUT THAT. I GUESS THE BOTTOM LINE IS I WANT TO KNOW WHAT THE IMPACT WOULD BE ON WATER QUALITY IN OUR DRINKING WATER SUPPLY.

Mayor Garcia: OKAY. PARTICULARLY THIS BEING IN THE DRINKING WATER PROTECTION ZONE, I THINK THAT'S THE REQUEST. FURTHER DISCUSSION?

Mayor Garcia: ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0.. ITEM NUMBER 103, COUNCILMEMBER SLUSHER.

Slusher: WELL, MAYOR, I GUESS WE HAVE THE PRESENTATION ON THIS. IS THIS THE ONE ABOUT THE TRAIN WHISTLE TRACK?

Mayor Garcia: THIS IS THE ONE ABOUT -- 103 IS THE SAME.

Slusher: WELL, HERE I JUST HAVE A CONCERN ABOUT TRAIN WHISTLES, WE WERE TALKING ABOUT HAVING SOME ALTERNATIVE TO TRAINS BLOWING THEIR WHISTLES WHEN THEY COME THROUGH TOWN. MAYBE IT'S A PHILOSOPHICAL ISSUE BUT I THINK IT SHOULD ALSO BE PUBLIC SAFETY. TRAINS BLOWING THE WHISTLES PROVIDES AS A PUBLIC SAFETY MEASURE TO KEEP PEOPLE FROM GETTING HIT BY TRAINS. IF THERE'S A ENGINEER OUT THERE THAT'S LAYING DOWN ON HIS HORN TOO MUCH, TO ME THAT'S AN ISSUE TO TAKE UP WITH UNION PACIFIC, BUT I'M VERY CONCERNED ABOUT PUBLIC SAFETY. IF WE -- IF WE ASK, YOU KNOW, SOME OTHER MEASURE TO LET PEOPLE KNOW THAT A TRAIN IS ABOUT TO CROSS THE ROAD, AND PERSONALLY I LIVE ABOUT A BLOCK AND A HALF FROM THE RAILROAD TRACK, THE UNION PACIFIC RAILROAD TRACK IN SOUTH AUSTIN. I LIKE TRAIN WHISTLES. I THINK THEY ARE AN IMPORTANT PART OF AMERICAN CULTURE. SO I DON'T THINK I'M GOING TO BE ABLE TO VOTE FOR THIS.

Mayor Garcia: AND LET ME SEE IF THE PROPOSALS, THE -- , THE TWO SPONSORING HOUSE MEMBERS WANT TO SAY ABOUT THAT. MAYOR PRO TEM JACKIE GOOD MAN.

I AM DEFERRING TO MY COLLEAGUES.

THANK YOU. WHAT THIS ITEM IS, FIRST AND FOREMOST IT IS A RESPONSE TO A NUMBER OF CITIZEN COMPLAINTS THAT WE'VE RECEIVED OVER THE YEARS. IT'S ABOUT THE NOISE OF THE TRAINS. IT'S MY UNDERSTANDING THAT THE FEDERAL GOVERNMENT HAS PASSED A FEW PIECES OF LEGISLATION THE LAST FIVE TO SEVEN YEARS THAT BEGIN TO GIVE CITIES CERTAIN POTENTIAL AUTHORITY OVER THIS ISSUE, OVER THIS SORT OF QUIET ZONE, OVER ALTERNATIVE KIND OF SAFETY MEASURES. THAT IS, HAVING THE HORN ITSELF MOUNTED AND PLACED AT THE INTERSECTION, SO AS A TRAIN IS APPROACHING THE INTERSECTION, THE HORN IS GOING OFF AT THE INTERSECTION, NOT, YOU KNOW, FOR THE THREE QUARTERS OF A MILE AS THE TRAIN APPROACHES. SO THINGS LIKE THAT. SEVERAL CITIES APPARENTLY HAVE ADOPTED THE ORDINANCES. NONE OF THEM HAVE IMPLEMENTED THE CHANGES, BUT THIS ITEM SIMPLY DIRECTS THE MANAGER AND THE CITY STAFF TO, YOU KNOW, RESEARCH OUR ABILITY TO DO THAT, TO GIVE US, YOU KNOW, AN ACCOUNT OF THE AT-GRADE CROSSINGS, MOST OF THEM BEING IN SOUTH AUSTIN, YOU KNOW, GIVE US AN ESTIMATE AS TO, YOU KNOW, WHAT EXPENSE THERE MAY BE, IF ANY, AND GIVE US THE LIKELIHOOD, A HANDICAP AND THE LIKELIHOOD THAT, YOU KNOW, AUSTIN AGREES WITH IT OR GOES ALONG WITH IT, I THINK IT'S WHOLLY APPROPRIATE -- TOTALLY APPROPRIATE FOR US AS A CITY TO ANALYZE THAT AND TO SEE WHETHER OR NOT THERE IS AN OPPORTUNITY FOR US TO DO SOMETHING DIFFERENTLY. YOU KNOW, IT'S VERY LIKELY, YOU KNOW, A POSSIBILITY THAT THE ANSWER IS EITHER IT'S TOO EXPENSIVE OR IT'S TOO COMPLEX OF A NEGOTIATED ISSUE WITH UNION PACIFIC. BUT I THINK IT'S TOTALLY APPROPRIATE FOR THE GOVERNMENT TO TRY TO BALANCE OUT THE NEEDS OF BOTH UNION PACIFIC RAILWAY AND OUR CITIZENS WHO LIVE ALONG THE TRACKS AND OUR CITIZENS WHO ARE, YOU KNOW, CROSSING THE TRACKS.

Mayor Garcia: SO I GUESS WITH THAT -- .

WITH THAT I'LL ASK FOR A MOTION OF APPROVAL.

SECOND.

Mayor Garcia: AND I GUESS SECONDED BY COUNCIL, MAYOR PRO TEM.

AND ADD ON TO WHAT COUNCILMEMBER JUST SAID. OBVIOUSLY NOBODY WANTS ANYONE TO BE AT RISK OF WHEN A TRAIN COMES TO A CROSSING OR ANY SORT OF PLACE WHERE CONCEIVABLY A VEHICLE OR PEDESTRIAN COULD GO ACROSS THE TRACKS AT THE WRONG TIME AND BE IN DANGER. BUT THERE ARE SOME ALTERNATIVES AND WE'LL SEE WHAT THEY HAVE FOR US AS OPTIONS FROM THE FEDERAL LEVEL LATER IN THE SUMMER. THERE ARE SOME IDEAS ALONG WITH PLACING THE HORN OR A MORE SIGNIFICANT SIGNAL AT THE CROSSING AND RIGHT NOW WE ALWAYS HAVE THE BELLS CLING CLANGING AT THE CROSSING. SO IT WOULDN'T HURT FOR THAT TO BE A LITTLE MORE INTENSE, MAYBE AT DIFFERENT TIMES OF THE DAY OR NIGHT. THERE CAN BE AN ALTERNATIVE ROUTE FOR SHORTER TRAINS OR A PAUSE TO WAIT UNTIL A CERTAIN TIME OF MORNING HAS BEEN PASSED OR WHATEVER. BUT IT DOESN'T IN ANY WAY ASK FOR SAFETY TO BE DISMISSED OR FOR ANYONE TO BE PUT AT RISK, MERELY THAT SINCE WE ARE SUPPOSEDLY ALWAYS TECHNOLOGICALLY ADVANCING, THAT WE LOOK AND SEE IF THERE ARE ANY OPTIONS.

Mayor Garcia: LET ME SAY THAT I DON'T KNOW WHAT -- DOES THIS INCLUDE DOING SOMETHING ABOUT SLOW TRAINS? BECAUSE I DON'T KNOW WHY WE NEED -- WHETHER WE NEED HORNS, YOU KNOW. THEY HAVE STOPPED AT THE INTERSECTION OF AIRPORT BOULEVARD AND, LIKE, RIGHT THERE WHERE LEAF JOHNSON IS, AND THE TRAIN THAT WAS MOVING THROUGH THERE WAS MOVING AT 3 MILES AN HOUR, AND THEY HAD ALWAYS BARNUM AND BAILEY EQUIPMENT AND ANIMALS AND IT TOOK THEM FOREVER TO GET THROUGH THAT INTERSECTION. I DON'T KNOW WHY THEY NEED HORNS. IT SEEMS TO ME THAT THEY MOVE PRETTY SLOW.

ARE YOU SAYING TO SPEED THEM UP AND ELIMINATE THE HORN? [ LAUGHTER ]

Mayor Garcia: I DON'T KNOW WHAT I SAID. IT'S JUST THAT I WAS HUNGRY, I WAS TRYING TO GET -- I WAS TRYING TO GET TO A HAMBURGER AND I COULDN'T GET ACROSS THOSE TRACKS. THERE'S A MOTION AND A SEC. FURTHER DISCUSSION? IF NOT.

Mayor Garcia: ALL IN FAVOR, SIGNIFY BY SAYING.

Mayor Garcia: OPPOSED, NO..

Mayor Garcia: SO THAT GOES ON A VOTE OF 5-1-1 WITH COUNCILMEMBER THOMAS TEMPORARILY OUT OF AND COUNCILMEMBER SLUSHER VOTING NA. AND NOW -- NAY. AND NOW TO 104 WITH COUNCILMEMBER SLUSHER.

Slusher: WELL, I GUESS THIS IS ANOTHER TRAIN ITEM THAT I'VE MADE IT VERY CLEAR WHY THIS ONE IS UP. I MEAN, I'VE HAD SOME ABOUT THIS, TOO, BUT I'D RATHER HERE. IT'S NOT QUITE AS FUNDAMENTAL. WE'RE TALKING ABOUT IDLING TRAINS. I'D LIKE TO HEAR A LITTLE BIT MORE ABOUT THAT BEFORE I SAY ANYTHING.

Mayor Garcia: THIS IS ONE THAT TALKS ABOUT IDLING ADJACENT TO THE ALLENDALE NEIGHBORHOOD. COUNCILMEMBER WYNN?

I'LL DEFER TO MAYOR PRO TEM ON THIS ONE.

Goodman: FOR THE ALLENDALE NEIGHBORHOOD, THIS IS SOMETHING AKIN TO THE HOW THE HOLLY STREET NEIGHBORHOOD FEELS. THEY ARE NOT THE SAME THING, OF COURSE, BUT IT IS AN ISSUE OF A NOISE AND OF A NOISE IN YOUR NEIGHBORHOOD ALL THE TIME. THAT IS ALWAYS PART OF YOUR DAILY LIFE. THERE DOES TEAM SEEM TO BE A POSSIBLE RESOLUTION TO HAVING THE TRAIN JUST SIT BY THE NEIGHBORHOOD IDLING WHEN THEY ARE NOT ON THEIR WAY TO AND FROM SOMEWHERE. BECAUSE THAT IS WHERE THEY PAUSE. THEY DON'T HAVE A STATION, PER SE, THAT THAT IS WHERE THEY WAIT. IF IT'S POSSIBLE TO EXTEND THE TRACK SIGHTING, A TRACK SIGHTING SO THAT THEY COULD GO A LITTLE FURTHER AND MOVE CLOSER TO THE INDUSTRIALLY ZONED AREA FOR COMMERCIAL AND BUSINESS RATHER THAN RIGHT BY THE RESIDENTIAL AREA AND THE PLAYING FIELDS AND SO ON WHERE THE KIDS GO, THAT WOULD BE A RELATIVELY EASY AND SMALL RESOLUTION TO THE PROBLEM. THE NEIGHBORHOOD WOULD CERTAINLY BE APPRECIATIVE IF UNION PACIFIC WOULD CONSIDER THAT, AND THEY HAVE SAID THAT THEY WILL CONSIDER LOOKING AT IT. THERE ARE PHYSICAL ISSUES THAT MAY NOT BE ABLE TO BE, AND OF COURSE THERE IS THE WILL OF THE RAILROAD TO ACTUALLY DO IT EVEN IF THEY CAN. BUT RIGHT NOW THIS IS THE FIRST STEP FORWARD THAT WE'VE BEEN ABLE TO TALK IN TERMS OF GETTING THE RAILROAD TO CONSIDER THIS AND ENTER INTO DISCUSSION WITH US IN THE NEIGHBORHOOD AND SO WE WOULD LIKE TO TAKE THE OPPORTUNITY TO DO EXACTLY THAT.

Mayor Garcia: WE HAVE ONE SPEAKER ON THIS ITEM AND A FEW WHO WANT TO LISTEN TO THEM AT THIS TIME AND THEN WE'LL CONTINUE DISCUSSION. MR. ERIC WOLF. WELCOME, SIR.

MAYOR, COUNCILMEMBERS. I ONLY MENTIONED ABOUT THE BLOWING HORNS. WE HAVE THAT, TOO, ALTHOUGH USUALLY WHEN THE HORNS BLOW, THAT INDICATES THAT A TRAIN IS ABOUT TO LEAVE. SO FOR US IT'S A SENSE OF RELIEF. WE DON'T MIND HEARING THE HORNS BECAUSE THAT MEANS THAT TRAIN'S ABOUT TO LEAVE. BASICALLY WHAT'S GOING ON, THIS IS THE INFAMOUS RAILROAD TRACK THAT EVERYBODY SEEMS TO HAVE A PROBLEM WITH AND, YES, THE RAILROAD TRACK'S BEEN THERE SINCE BEFORE THE NEIGHBORHOOD BUT WHO HAS CHANGED SO DRASTICALLY IN THE PAST FIVE, SEVEN YEARS OR SO HAS BEEN THE PASSAGE OF NAFTA AND THE RAILROAD CONSOLIDATION FROM THE MID-NINETIES AND WHAT HAS HAPPENED IS THAT THIS RAILROAD TRACK HAS GONE -- I LIKE TO COMPARE WHAT IT USED TO BE, WHICH IS SOMETHING LIKE A COUNTY ROAD, OCCASIONAL TRAINS GOING BY. TRAINS STOPPING VERY OCCASIONALLY AND NEVER STAYING LONGER THAN A FEW MINUTES WHILE THE TRAINS PASS BUT NOW SINCE THE PASSAGE OF NAFTA AND THE RAILROAD CONSOLIDATION, THE VOLUME OF TRAFFIC ALONG THE LINE HAS INCREASED TO THE POINT THAT TRAINS ARE CONSTANTLY STOPPING ON THE SIDELINE TO MOVE THE VOLUME OF TRAFFIC ALONG THE LINE, WHICH IS PRIMARILY A SINGLE TRACK EXCEPT FOR THIS AREA, WHICH IS OUR NEIGHBORHOOD, TRAINS HAVE TO CONSTANTLY BE STOPPING AT THESE AREAS. AND IT'S NOT JUST FOR PASSING TRAINS. THEY ARE ALSO STOPPING FOR CREW CHANGES, THEY ARE STOPPING FOR CREW REST, THEY ARE STOPPING FOR FLOW CONTROL. AND BECAUSE FEDERAL REGULATIONS DICTATE THAT THE LOCOMOTIVES ALWAYS BE RUNNING TO SUPPLY PNEUMATIC PRESSURE TO AIR BRAKES, IT'S A LOW KIND OF VIBRATION THAT GOES RIGHT THROUGH THE HOUSES. YOU HEAR IT ALL THE TIME AND IT'S A REAL ANNOYANCE. PASSENGER TRAINS AREN'T SO BAD BECAUSE THEY ARE HERE AND THEY ARE GONE USUALLY IN A COUPLE OF MINUTES. WITHIN ABOUT TWO MINUTES A TRAIN PASSES AND IT'S GONE BUT WHEN A TRAIN PULLS IN, YOU DON'T KNOW IF IT'S GOING TO BE THERE FOR TEN DAYS OR IN ONE CASE FOR SEVEN DAYS. SO WE FEEL THIS SOLUTION WOULD ALLOW UNION PACIFIC THE RUN THEIR OPERATION AS THEY NEED AND ALLOW THEM TO PARK THEIR TRAINS WITH THE NOISEEST PART OF THE TRAIN, LOCOMOTIVE, IN AN AREA THAT IS ZONED FOR LIGHT INDUSTRY, WHICH IS AN AREA AROUND HEARTS GRAPHICS AND THE ONLY AREA THERE ARE THE FLOOD RETENTION PONDS. SO IF WE CAN GET AS MUCH SUPPORT FOR THIS AS POSSIBLE, I THINK IT WOULD GET THE ATTENTION OF UNION PACIFIC AS WELL AS OUR CONGRESSMEN BECAUSE CONGRESSMAN DOING HE THE IS GOING TO BE INVOLVED IN THIS AS WELL AS ANYTHING AS WE GO FORWARD ON THIS.

Mayor Garcia: THANK YOU, SIR.

THANK YOU.

Mayor Garcia: OKAY. THAT'S ALL THE SPEAKERS WE HAVE.

I'LL SECOND THE MOTION.

MOTION AND SECOND BY COUNCILMEMBER WYNN. DISCUSSION?

WELL, MAYOR, I'M GOING TO VOTE FOR THIS. WE'RE NOT, THOUGH, ASKING UNION PACIFIC TO PRIORITIZE THIS OVER, SAY, REPAIRING AND LIFTING TRACK. I KNOW IN SOUTH AUSTIN THERE HAVE BEEN SOME RECENT REPAIRS TO THE TRACK AND I DON'T THINK THEY WOULD DO THAT. I JUST WANT TO -- I THINK THAT'S CLEAR. THAT'S CONTAINED IN HERE. I MEAN, IT'S NOT MEANT TO DO THAT, IS IT? OKAY. I JUST WANTED TO GET THAT ON THE RECORD.

Mayor Garcia: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AP.

Mayor Garcia: OPPOSED, NO.. AND THAT, AS THEY WOULD SAY, THAT'S IT, FOLKS, FOR THE AGENDA EXCEPT FOR CERTAIN ITEMS.

GOOD AFTERNOON, MAYOR AND COUNCILMEMBERS, ALICE GLASGOW, DIRECTOR OF PLANNING AND ZONING DEPARTMENT FOR ZONING CASES AND THERE AS FOLLOWS. TEM NUMBER Z 1, L1, 17, THIS CASE IS LOCATED AT 1115 EAST 12th STREET. THE CHANGE IN ZONING IS TO ADD HISTORIC DID HE SAY IG NAS TO THIS PROPERTY THAT IS CURRENTLY DESIGNATED, COMBINING DISTRICT T. PLANNING COMMISSION HAS RECOMMENDED THE CHANGE IN ZONING BY ADDING HISTORIC DESIGNATION TO THE EXISTING ZONING AND THE CASE IS READY FOR ALL THREE READINGS. THIS IS LOCATED AT 5 10I8 NORTH I-35 NORTHBOUND, ALSO KNOWN AS 814 THROUGH 816 EAST 5th STREET T. CHANGE IN ZONING IS TO ADD HISTORIC DESIGNATION TO THE CURRENT ZONING, WHICH IS C S-M U-C O-NP. BOTH THE PLANNING COMMISSION AND THE ZONING COMMISSION RECOMMENDATION HISTORIC DESIGNATION AND THIS CASE IS READY FOR ALL THREE READINGS. ITEM Z.-3 C 14 R-83-138, (RCA ).

ITEM NUMBER Z4, C814-01-0113 NAMELY GRAND OBSERVATION PLANNED UNIT DEVELOPMENT. THIS PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF MONCHACA ROAD AND DAVIS LANE. THE APPLICANT IS SEEKING A CHANGE FROM RURAL RESIDENTIAL AND SINGLE FAMILY TWO ZONING TO PLANNED UNIT DEVELOPMENT TO DEVELOP NEAR TRADITIONAL SINGLE FAMILY DEVELOPMENT ON THIS ALMOST 100 ACRE SITE. BUT THE ZONING AND PLATING COMMISSION AND STAFF RECOMMEND A CHANGE. AND THIS CASE IS READY FOR FIRST READING ONLY. ; NUMBER Z.-5, C14-02-0001. THIS CASE IS LOCATED AT 5211 WASSON ROAD. THE NEIGHBORHOOD ASSOCIATION HAS REQUESTED POSTPONEMENT. THIS IS THE NEIGHBORHOOD'S FIRST REQUEST AND TYPICALLY ON A FIRST REQUEST AS SUBMITTED BY EITHER INTERESTED PARTY. THERE IS APPROXIMATELY 34% AGAINST THE ZONING CHANGE. ITEM NUMBER Z-6 WILL BE A DISCUSSION ITEM. Z-7, C14-02-0038, A CHANGE IN ZONING PROPERTY, WHICH STANDS FOR MULTIFAMILY RESIDENCE DISTRICT, TO MF-3, MULTIFAMILY RESIDENCE MEDIUM DENSITY DISTRICT. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z-8 LOCATED AT 6000 1/2 COOPER LANE. THE CHANGE IS CHANGED, RECOMMENDED BY THE TAXING AND ZONING COMMISSION. THE CASE IS READY FOR ALL THREE READINGS. ITEMS NUMBER Z-9 THROUGH Z-23 RELATE TO STRATUS AND THOSE WILL BE HEARD AT 5:45 WITH ALL THE OTHER STRATUS-RELATED ITEMS AND THAT TAKES US ALL THE WAY TO ITEM NUMBER Z-24. ITEM NUMBER Z.-24, C814-02-43 T. CURRENT ZONING ON THE PROPERTY IS SINGLE FAMILY 3. THE CITY IS SEEKING A CHANGE FOR AN EMS FACILITY. THIS GETS US READY FOR ALL THREE READINGS. ITEM NUMBER Z5, THIS IS A RESTRICTIVE COVENANT DETERMINATION REQUEST AT 1109 SOUTH PLEASANT VALLEY ROAD. THE ZONING AND PLATING COMMISSION RECOMMENDATION IS TO GRANT THE TERMINATION OF A COVENANT. THAT ISN'T A REQUIRED ORDINANCE. IT'S A SIMPLE APPROVAL. ITEM NUMBER Z.-26, LOCATED 1109 SOUTH PLEASANT VALLEY ROAD FROM GENERAL OFFICE ZONING AND TO MULTIFAMILY 3. THE ZONING AND PLATING COMMISSION RECOMMENDATION IS TO GRANT MULTIFAMILY 28 ZONING FOR PLAT 1, 2, AND 3 AND RR, RURAL RESIDENTIAL FOR TRACT 4. THIS CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATING COMMISSION.

Mayor Garcia: DID YOU HAVE THAT IN THE CHANGES AND CORRECTIONS? Z-26? LET ME SEE IF I CAN -- .

I HAVE A CONDITIONAL OVERLAY.

Mayor Garcia: Z-26, M. F. 2 CO, COMBINING DISTRICT?

COMBINING CONDITION. THAT'S THE CONDITION OVERLAY.

PLATS 1, 2, AND 3 FROM RR TO WHAT?

FOR TRACT 4. ITEM NUMBER Z.-27, C14-02-0055, THIS IS LOCATED AT 1109 SOUTH PLEASANT VALLEY ROAD AND THE CHANGE IN ZONING IS FROM GO, GENERAL OFFICE, TO GR, COMMUNITY COMMERCIAL ZONING. THE ZONING AND PLATING COMMISSION RECOMMENDATION IS TO GRANT THE GR-CO REQUEST BY THE APPLICANT FOR CONDITIONAL OVERLAY. THIS GETS US READY FOR FIRST READING. ITEM Z-28 LOCATED AT 1709 WEST PARMER LANE. THE PROPERTY IS CURRENTLY ZONED LR, NEIGHBORHOOD COMMERCIAL DISTRICT. THE APPLICANT IS SEEKING A CHANGE TO GR, WHICH STANDS FOR COMMUNITY COMMERCIAL DISTRICT. THE ZONING AND PLATING CONDITION RECOMMENDATION IS TO GRANT THE APPLICANT'S REQUEST WITH A CONDITIONAL OVERLAY. THIS CASE IS READY FOR ALL THREE READINGS. ITEM Z-29 C14-02-0049 LOCATED AT 618 WEST POWELL LANE TO CHANGE FROM SF-3, FAMILY RESIDENCE, TO CS-CO, GENERAL COMMERCIAL SERVICES AND THAT IS THE ZONING THAT IS RECOMMENDED BY THE ZONING AND PLATING COMMISSION AND THE CASE IS READY FOR ALL THREE READINGS. ITEM Z-30, C14-02-0050 LOCATED AT 616 WEST POWELL LANE. THE CHANGE IN ZONING IS FROM SINGLE FAMILY 3 TO CS-CO GENERAL COMMERCIAL SERVICES WITH A CONDITIONAL OVERLAY. THAT'S THE ZONING THAT IS RECOMMENDED BY THE ZONING AND PLATING COMMISSION AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z41 LOCATED AT 700 WEST POWELL LANE. THE PROPERTY IS GOING FROM ZONED SINGLE FAMILY 3 AND IT IS CS WITH CONDITIONAL OVERLAY. THE CASE IS READY FOR ALL THREE READINGS. ITEM Z-32, LOCATED AT 4300 BLOCK OF WILLOW SPRINGS ROAD. THE CHANGE IN SEASONING IS FROM SINGLE FAMILY 3 TO LI, WHICH IS LIMITED INDUSTRIAL ZONING WITH A CONDITIONAL OVERLAY. THAT REQUEST IS RECOMMENDED BY THE ZONING AND PLATING COMMISSION AND IS READY FOR ALL THREE. ITEM NUMBER Z-33 IS LOCATED AT 1190 THROUGH 1192 NAVASOTA HE THE STREET. THE CHANGE IN ZONING IS FROM SINGLE FAMILY 3 TO CS-MU-CO-NP. THE APPLICANT AMENDED THE APPLICATION BEFORE THE PLANNING COMMISSION TO DELETE THE REQUIREMENT FOR CCURE. SO THE APPLICANT DOES NOT NEED THE CURE OVERLAY AND THAT CHANGE HAS BEEN READ TO THE RECORD. THE CASE IS READY FOR FIRST READING ONLY. ITEM NUMBER Z-346789 THIS IS A REQUEST TO AMEND CHAPTER 25-2 AND 25-6 OF THE CITY CODE TO ADD A NEW LAND USE KNOWN AS "ELECTRONIC TESTING" THAT PERMITS THE COMMERCIAL TESTING OF ELECTRONIC OR ELECTRICAL COMPONENTS FOR COMPUTERS, RADIOS, TELEPHONES, MEDICAL OR SCIENTIFIC INSTRUMENTS, AND SIMILAR EQUIPMENT IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND TO ESTABLISH SITE DEVELOPMENT REGULATIONS FOR THE USE. THAT CONCLUDES ALL THE CONSENT ITEMS NOW.

.

Mayor Garcia:; Z-34, WHAT'S THE RECOMMENDATION?

Z-34 IS TO APPROVE IT. THE RECOMMENDATION IS TO APPROVE THE AMENDMENT.

ALL THREE READINGS?

YES, ALL THREE READINGS, MAYOR.

Mayor Garcia: OKAY. SO GOING BACK TO THE -- .

MAYOR, LET ME JUST MAKE ONE OTHER NOTATION. ALSO, YOU HAVE AN ITEM Z-35 WHICH REPLACES ONE OF THE EARLIER Z ITEMS AND THAT WILL ALSO BE TAKEN OUT.

Mayor Garcia: G-35?

Z-356789 I THINK IT WAS ON THE ADDENDUM.

Mayor Garcia: I DON'T HAVE IT.

IT REPLACES Z-16. IT'S RELATED ON YOUR ADDENDUM. THAT'S RELATED TO STRATUS AND WILL BE TAKEN UP AT 5:45.

MAYOR, WE'LL JUST -- .

Mayor Garcia: I'M NOT SURE IBDZ THAT -- I UNDERSTAND THAT. I DON'T HAVE Z-35.

APPARENTLY THAT WAS ON THE ADDENDUM. AND WE COULD JUST READ THOSE ITEMS AT 5:45. YOU DON'T NEED TO -- DON'T NEED TO WORRY ABOUT THEM RIGHT NOW.

Mayor Garcia: OKAY. SO GOING BACK TO THE BEGINNING OF THE FUNDING HEARINGS AND APPROVAL OF ORDINANCES AND RESTRICTED COVENANTS, Z-1 IS CONSENT FOR ALL THREE READINGS. NOW LET'S WATCH CLOSELY. WATCH ME CLOSELY ON THIS ONE TO MAKE SURE THAT I'M OKAY. Z-2 IS CONSENT FOR ALL THREE READINGS. Z-3 IS POSTPONEMENT TO AUGUST THE 8th ON CONSENT. Z-4 IS CONSENT FOR THE FIRST READING. Z-5 IS CONSENT FOR POSTPONEMENT UNTIL JULY 18th. Z-7 IS CONSENT FOR ALL THREE READINGS. Z-9 IS CONSENT FOR ALL THREE READINGS. AND Z-8. AND Z-9 -- LET'S SEE. OKAY.

THAT'S PART OF THE STRATUS, Z-9.

Mayor Garcia: Z-9 THROUGH Z-23 IS ALL STRATUS. THAT WILL BE PICKED UP AT 5:45. Z-24 IS CONSENT FOR ALL THREE READINGS. Z-25 IS CONSENT TO TERMINATE THE RESTRICTED COVENANT. Z-26 IS CONSENT 3. 27 IS CONSENT FIRST. 28 IS CONSENT TO THREE READINGS. 29 IS CONSENT, THREE READINGS. 30 IS CONSENT, THREE READINGS. 31, CONSENT, THREE. 32, CONSENT FIRST READING. 33, CONSENT, FIRST READING.

MAYOR, 32 IS ALL THREE READINGS.

Mayor Garcia: 32 IS ALL THREE?

YES, SIR.

Mayor Garcia: OKAY. THANK YOU. AND 34 IS CONSENT THREE. AND WHAT DID YOU SAY ABOUT 35?

35 WILL BE PART OF THE STRATUS. THAT WILL BE JUST PRESENTED AT THAT TIME.

Mayor Garcia: OKAY. ARE THERE ANY QUESTIONS FOR MS. GLASGOW?

Mayor Garcia: I HAVE ONE QUICK QUESTION WHERE WE'RE CHANGING PROPERTY FROM RESIDENTIAL TO LI. I DON'T REMEMBER WHICH ONE THAT WAS. IS THAT -- YEAH, NO. 32. IT'S SF-3 AND IT'S CHANGING TO LI-CO. IS THAT ONE OF THOSE PIECES OF PROPERTY THAT IS IN AN INDUSTRIAL DISTRICT AND HAVE BEEN ZONED THE WRONG WAY BEFORE?

YES. MAYOR, IF YOU LOOK AT THE MAP, EVERYTHING SURROUNDING THIS PROPERTY IS PREDOMINANTLY SEASONED LI. IT IS -- THE PROPERTY IS WEST OF CONGRESS AVENUE SOUTH OF BEN WHITE BOULEVARD, AND THIS IS AN AREA THAT IS PREDOMINANTLY INDUSTRIAL.

Mayor Garcia: OTHER QUESTIONS? MAYOR PRO TEM?

Goodman: JUST A NOTE FOR PEOPLE TO NOTE THAT ALTHOUGH ON Z-8 THE ZONING REQUESTED IS SF-6, THAT WAS PART WHAF GENERATED A RELIST OF THE ORDINANCE FOR NOTIFICATION SO THAT PEOPLE ARE NOT MISLED BY NOTIFICATION.

Mayor Garcia: THE MOTION WILL BE TO CLOSE THE PUBLIC HEARING AND APPROVE THE ORDINANCES AND IN THE CASE OF ITEM NUMBER Z-25, TO CLOSE THE PUBLIC HEARING AND APPROVE THE DETERMINATION OF THE RESTRICTIVE COVENANTS. I'LL ENTER FINE A MOTION TO DO THAT. MOTION BY MAYOR PRO TEM. SECOND BY COUNCILMEMBER WIN. DISCUSSION?

Mayor Garcia: ALL IN FAVOR, SIGNIFY BY SAYING.

AYE.

Mayor Garcia: OPPOSED, NO.. THE MOTION CARRIES. ITEM Z-6.

TEM Z-6, THIS CASE IS LOCATED AT 2031 EAST STATE HIGHWAY 71 ACROSS THE STREET FROM AUSTINBERG STROM INTERNATIONAL AIRPORT. THE PROPERTY IS ZONED INTERIM RURAL RESIDENTIAL T. APPLICANT IS SEEKING A CHANGE TO LIMITED INDUSTRIAL PDA WHICH ALLOW IT IS APPLICANT TO MODIFY TO LI TO INCREASE THE HEIGHT UPWARD. THE APPLICANT IS SEEKING ZONING CHANGE TO GR FOR TRACT 2. THE ZONING AND PLATING COMMISSION RECOMMENDATION IS TO GRANT LIPDA, LIMITED INDUSTRIAL WITH A PLANNED DEVELOPMENT AREA OVERLAY FOR TRACT 1 AND GR FOR TRACT 2. THE STAFF RECOMMENDATION WAS TO GRANT CF-PO TO REALLY MAINTAIN A HEIGHT OF 60 FEET WHICH SEEMS TO BE THE HEIGHT THAT WOULD BE PREDOMINANT IN THE AREA. BASED ON THE ZONING TO THE EAST AND THE WEST OF THE SUBJECT TRACT. WE RECENTLY HAD A CASE THAT IS KNOWN AS INTERPORT THAT IS GOING TO BE LOCATED FURTHER EAST OF THIS TRACT WHERE THE MAXIMUM HEIGHT WAS APPROXIMATELY 75 FEET. SO HENCE THE STAFF RECOMMENDATION. HOWEVER THE ZONING AND PLATING CONDITION DID RECOMMEND LI-PDA FOR TRACT 1, LIMITING THE HEIGHT TO 90 FEET AND ON TRACT 2, THEY RECOMMENDED GR. THE APPLICANT IS GOING TO SPEAK TO YOU AND HAVE PRESENTATION ABOUT INCREASING THAT HEIGHT TO 100 FEET AND EXPLAIN OTHER LIMITATIONS THAT SHE WOULD LIKE TO EXPLORE WITH YOU.

Mayor Garcia: LET ME EXPLAIN THAT I FAILED TO BRING UP THE FACT THAT WE HAD SOME SPEAKERS BECAUSE THESE WERE CONSENT ITEMS. WE HAD SPEAKERS ON ITEM Z-4, Z-5 AND Z-8. SO AFTER WE FINISH WITH THIS ITEM, I'M GOING TO ASK THE RECONSIDERATION OF THOSE THREE ITEMS SO WE CAN HEAR SPEAKERS. I DON'T KNOW EXACTLY WHY.

WERE THEY IN SUPPORT?

Mayor Garcia: WELL, THEY'RE -- IN Z-4 WE HAVE ONE AGAINST AND ONE NEUTRAL. ON 5 WE HAVE TWO AGAINST AND 8 WE HAVE FOUR. SO I THINK ON 8 I DON'T HAVE TO HAVE RECONSIDERATION. I'LL JUST READ THE NAMES INTO THE RECORD.

OKAY.

Mayor Garcia: THEY ALSO DON'T WANT TO SPEAK. SO I'LL ASK FOR A RECONSIDERATION OF Z4 AND 5 AT THE APPROPRIATE TIME.

OKAY.

Mayor Garcia: SO LET ME JUST SAY THAT CATHERINE CALLAN AND BRUCE CALLAN ALL SIGNED UP FOR Z-8 AS BEING IN FAVOR OF. AND THAT ITEM IS PASSED. SO I WILL NOT BE CALLING YOUR NAMES AT THAT TIME THAT WE DO THE RECONSIDERATION OF THE OTHER TWO ITEMS. OKAY.

MAYOR, OTHER COUNCIL, MY NAME'S SARA CROCKER AND I'M HERE TODAY ON BEHALF OF THE JOHN Q. HAMMOND HOTEL. MY UNDERSTANDING OF THE RECOMMENDATION FROM PLANNING CONDITION WHEN I OFFERED WAS THAT WE WOULD ACTUALLY FOOTPRINT ZONE A FOOTPRINT FOR THE HOTEL. THAT WOULD BE LI-PDA AND HAVE THE BALANCE OF THE TRACT SEASONED GR. WE DO NOT NEED THE ENTIRE TRACT ZONED LI-PDA. WE BASICALLY JUST NEED THIS PARTICULAR FOOTPRINT. OUR REQUEST IS BASED ON THE FACT THAT MR. HAM ONDZ AND THE JOHN Q. HAM ONDZ HOTEL FACILITY WOULD LIKE TO BUILD A BUSINESS CONFERENCE HOTEL. THIS SITE IS LOCATED ON THE CORNER OF THORNBERRY AND 71. IT'S ALMOST DIRECTLY ACROSS FROM THE CARGO ENTRANCE TO THE AIRPORT. MR. HAMMONS IS PROBABLY THE SINGLE LARGEST PRIVATELY OWNED HOTELIER IN THE UNITED STATES. HE OPERATES OVER 100 PROPERTIES IN 41 STATES, AND WHAT HE LIKES, WHAT HE'S FOUND AS HIS MARKETING NICHE OVER THE LAST 40 TO 50 YEARS IS HE LIKES CAPITAL CITIES AND HE LIKES AIRPORTS. HE CURRENTLY HAS AIRPORT HOTELS SUCH AS THESE, THESE BUSINESS CONFERENCE HOTELS AT DFW, AT HOUSTON HOBBY, AT PORTLAND, OREGON, DENVER, COLORADO, RALEIGH DURHAM, GREENSVILLE, NORTH CAROLINA, AND CHARLESTON, NORTH CAROLINA. ALL OF THESE HOTELS ARE EMBASSY SUITES AND THEY ARE TEN-STORY. OF THOSE HOTELS FOUR OF THEM WON THE TOP 10 AWARDS FOR EMBASSY SUITES LAST YEAR NATIONWIDE. BASICALLY THIS SITE IS LOCATED IN THE A-3 ZONE OUT BY THE AIRPORT WHICH DOES PERMIT CONSTRUCTION BY THE FAA UP TO 200 FEET. SO WE'RE WELL WITHIN THE HEIGHT LIMITATIONS THAT HAVE BEEN ESTABLISHED AROUND THE AIRPORT. I KNOW THAT STAFF HAVE CONCERNS ABOUT THE HEIGHT BUT I WOULD LIKE TO POINT OUT TO THE COUNCIL THAT HAVING THIS PARTICULAR TYPE OF A STRUCTURE NEXT TO AN AIRPORT IS FAIRLY COMMON PLACE IN MOST MIDSIZE OR LARGER CITIES LIKE AUSTIN, TEXAS. AND WE FEEL THAT THE HEIGHT FOR THE HOTEL IS APPROPRIATE. THE HOTEL WILL BE APPROXIMATELY 80,000 SQUARE FEET FOR THE FOOTPRINT. IT WILL HAVE 26,000 SQUARE FEET OF MEETING PLACE. IT WILL HAVE A FULL-SERVICE RESTAURANT, A POOL, AN EXERCISE ROOM, AND BASICALLY THIS IS THE FOOTPRINT OF THE PACKET THAT EMBASSY SUITES PACKAGES. THE HEIGHT OF THE HOTEL, THE EMBASSY SUITES HAS ASKED MR. HAMMONS TO BUILD IS 100 FEET. THE PLANNING COMMISSION DID REQUEST OR ASKED ME IF I COULD TRY TO WORK IT OUT AT 90. I HAVE WORKED, CONTACTED EMBASSY SUITES AND MR. HAMMONS AND WE'VE SPOKEN AT LENGTH ABOUT THIS. BASICALLY THE PACKAGE IS PUT TOGETHER IS BASED ON A NUMBER OF ROOMS IN ORDER FOR THEM TO BE ABLE TO SUPPORT THEIR MEETING SPACE, AND THE INVESTMENT THAT'S THEY ARE PUTTING IN HERE. SO I WOULD LIKE TO REQUEST THAT THE COUNCIL GRANT THIS ON FIRST READING AND ALLOW ME TO HAVE THE 100 FEET. I'M AVAILABLE FOR ANY QUESTIONS.

Mayor Garcia: THANK YOU, MS. CROCKER. IS IT 80,000 OR 90,000?

IT'S AN 80,000 SQUARE FOOT FOOTPRINT. WE HAVE 10,000 -- WE WOULD LIKE TO ZONE 90,000 SQUARE FEET FOR THE LI-PDA WHICH WILL GIVE ME A LITTLE BIT OF ROOM SINCE WE DON'T HAVE THE SITE PLAN NAILED DOWN COMPLETELY YET TO BE ABLE TO -- IF WE HAVE TO MOVE THE HOTEL FROM ONE SIDE OR THE OTHER, I WOULDN'T BE -- I WOULD HAVE THAT SORT OF WIGGLE ROOM.

Mayor Garcia: OKAY. OTHER QUESTIONS, ANY OTHER QUESTIONS? AND YOU WANT THIS ON FIRST READING ONLY?

YES, SIR.

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Councilmember Avarez: IS STAFF RECOMMENDATION 100 FEET OR IS IT DIFFERENT ON PLANNING COMMISSION?

STAFF RECOMMENDATION IS ACTUALLY CF ZONING WHICH WOULD LIMIT THE HEIGHT TO 60 FEET. COMPLETELY DIFFERENT FROM THE ZONING AND PLATING COMMISSION RECOMMENDATION.

Councilmember Avarez: OKAY. WELL, I'M GOING TO -- I THINK BECAUSE OF THE TYPE OF USE IT IS AND WHERE IT IS, I THINK IT'S APPROPRIATE TO -- WHETHER WE GO FORWARD WITH THE 100 FOOT -- .

Mayor Garcia: IS THAT IN THE FORM OF A MOTION ON FIRST READING?

Councilmember Avarez: TO GRANT THE LI-PDA, I GUESS THAT'S RECOMMENDED IN THE PLATING AND ZONING WITH THE CHANGE THAT IT BE TO 100 FEET.

IS THERE A SECOND? SECOND BY COUNCILMEMBER WYNN. DISCUSSION? MS. GLASGOW? COUNCILMEMBER SLUSHER HAS A QUESTION.

Slusher: MS. GLASGOW, DID THE STAFF RECOMMENDATION ON HEIGHT HAVE ANYTHING TO DO WITH THE AIRPORT BEING NEARBY AS IN PUBLIC SAFETY?

NO. THE AIRPORT, WE CHECKED WITH THE AIRPORTS. THE AIRPORT DEPARTMENT. AND 100 FEET WAS NOT A SAFETY CONCERN AT ALL. IT WAS MORE FOR COMPATIBILITY.

OKAY. THANKS.

AND THE MOTION INCLUDES THAT THE LI-PDA WOULD BE LIMITED TO THE 90 SQUARE FEET, THE 100 SQUARE FEET. SHE IS LIMITED TO THE FOOTPRINT OF 90,000 SQUARE FEET.

WE CAN ADD THAT TO THE MOTION.

Mayor Garcia: OKAY.

AND THIS IS THE FIRST READING.

Mayor Garcia: FIRST READING ONLY.

AND ALSO THE REMAINDER OF TRACT 1 WOULD BE ZONED GR, JUST THE WAY THEY HAVE IT.

Mayor Garcia: LI-PDA FOR 90,000 SQUARE FEET AT 100 FOOT HEIGHT.

CORRECT. AND THE REMAINDER OF THAT WOULD BE ZONED GR.

Mayor Garcia: ALL IN FAVOR, SIGNIFY BY SAYING.

AYE.

OPPOSED? MOTION CARRIES WITH A VOTE OF 6-1 WITH THE MAYOR PRO TEM TEMPORARILY OUT. AT THIS TIME I WOULD ASK FOR A VOTE FOR RECONSIDERATION OF ITEM Z-4 AND 5. MOTION MY COUNCILMEMBER ALVAREZ. DO I HAVE A SECOND TO THAT MOTION? MS. GLASGOW, THESE TWO ITEMS, Z-5 PARTICULARLY IS BEING POSTPONED. Z-4 -- .

CORRECT. ON Z-4 I BELIEVE THERE'S SOMEONE HERE AND THE AGENT IS STILL HERE.

Mayor Garcia: OKAY. SO WE'RE NOT GOING TO RECONSIDER ITEM Z-5 BECAUSE THAT'S POSTPONED.

THAT'S CORRECT.

Mayor Garcia: SO THE MOTION THERE WOULD BE ONLY FOR RECONSIDERATION OF ITEM Z-4. IS THAT OKAY WITH THE MOTION AND SECOND? OKAY. SO ALL THOSE IN FAVOR OF RECONSIDERATION OF ITEM 4, PLEASE INDICATE BY SAYING AYE. OPPOSED, NO? MOTION CARRIES WITH A VOTE OF 6-1 WITH THE MAYOR PRO TEM TEMPORARILY OUT.

[ PLEASE HOLD FOR CHANGE IN CAPTIONERS ]

THE PROPERTY WAS ZONED SF-2. AND WHEN WE BEGAN STUDYING IT, WHAT WE FELT LIKE WAS IN TERMS OF SMART GROWTH, PRINCIPLES AND CONSERVATION PLANNING PRINCIPLES, WE FELT LIKE WE WANTED TO KEEP THE DENSITY THE SAME AND SIMPLY MAKE THE LOTS SMALLER AND CONVERT THE REMAINDER OF THE PROPERTY TO OPEN SPACE, AND THAT'S THE 10 ACRES OF OPEN SPACE, WHICH IS A MEANINGFUL OPEN SPACE WHICH RUNS ALONG THE PERIMETER OF THE PROPERTY. WE ALSO HAD A NUMBER OF MEETINGS WITH GEORGE ZAPALAC AND OTHERS TO TEST THE CONNECTIVITY STREET STANDARDS. WHAT WE'VE LEARNED IN A LOT OF OUR COMMUNITY PLANNING PROJECTS IS IT'S NOT THE VOLUME OF THE TRAFFIC, IT'S THE SPEED OF THE TRAFFIC THAT IS THE SAFETY ISSUE. SO OUR APPROACH WAS TO HAVE SMALLER BLOCKS AND INTRODUCE TRAFFIC CALMING MEASURES. AND IN THIS CASE WHAT WE HAVE ARE A NUMBER OF ROUNDABOUTS AND ALSO DIVIDED MEDIANS. AND THE GOAL OF WHICH IS TO SAVE TREES AS WELL AS SLOW DOWN THE TRAFFIC. SO WHAT WE HAVE IS A PUBLIC AMENITY AREA, A WET POND, A DETENTION POND AND ABOUT TWO MILES OF TRAILS GOING THROUGH THE PROJECT AND ALONG THE PERIPHERY. WE'VE CONNECTED TO STREETS -- STREETS TO THE WEST, MAJOR CONNECTION TO DAVIS LANE AND MANCHACA. AND THERE'S NO CONNECTION TO THE NORTH, TO THE SUBDIVISION TO THE NORTH. AND IN FACT, THERE'S NO DEVELOPMENT WITHIN THE CRITICAL WATER ZONE EXCEPT FOR POTENTIALLY SOME PEDESTRIAN TRAILS. THE TOTAL NUMBER OF RESIDENTIAL UNITS IS 317 LOTS, WHICH IS LESS THAN THE ALLOWABLE -- IF THIS WAS A SINGLE-FAMILY-2, AN ADDITIONAL AMENITY CENTER. THAT'S PRETTY MUCH THE SUMMARY OF THE PROJECT. WE'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

Mayor Garcia: OKAY. THANK YOU. QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. MR. JACK BROWN?

I AM GLAD THERE IS LESS BEING PROPOSED FOR THAT AREA. ONE OF THE ISSUES I WANTED TO RAISE AND ARE CONCERNED, MY WIFE AND I LIVE NEAR THE NORTHERN SIDE AND OUR PROPERTY ABUTS AGAINST SOUTH BOGGY CREEK TO THE NORTH AND WE'VE REMODELLED OUR HOME LAST JULY, AND IN MID AUGUST WE WERE FLOODED ON NOVEMBER THE 15TH. WE SPENT $20,000 TO HAVE OUR HOME PUT BACK INTO SHAPE. I'M SURE THERE WERE A NUMBER OF OTHER PEOPLE ALONG BOGGY CREEK THAT WERE FLOODED AS WELL. IT'S TRUE BOGGY CREEK CAME UP INTO MY BACKYARD AS WELL AS MY NEIGHBOR'S. MOST OF THE DAMAGE WAS RUNOFF. THE CREEK COULDN'T HOLD IT BASICALLY AND SHILOH BECAME A TRIBUTARY LOOKING FOR WAYS TO MAKE ITS WAY INTO BOG BY CREEK. SO I HAVE CONCERNS ABOUT THE ADDITIONAL DEVELOPMENT ALONG BOGGY CREEK CREATING MORE RUNOFF. AND I KNOW THERE ARE THE PONDS THAT ARE PROPOSED. I THINK THAT WOULD TAKE CARE OF MAYBE SOME OF THE DEVELOPMENT THAT'S GOING ON. I THINK THAT THIS IS MORE DEVELOPMENT CREATING YET MORE RUNOFF IN THAT PARTICULAR AREA. I KNOW THAT IT'S NOT BEING DEVELOPED IN A FLOOD ZONE. THERE ARE FLOOD ZONE IN THAT AREA AND THAT'S WHY IT'S NOT BEING CONSIDERED. I GUESS THE OTHER ISSUE, THE MEDIAN DOWN THE MIDDLE IS I GUESS WHERE SOMEBODY CAN TELL ME IF I'M WRONG, A COUPLE OF EXXON PIPELINES RUN. LONGHORN PIPELINE RUNS ALONG THE NORTHERN EXTREME OF THIS TRACT. AS I UNDERSTAND THE CITY DENIED THE -- DID NOT APPROVE THE REPLACEMENT OF THAT PIPELINE ALONG THAT STRETCH. THEY DID NOT RECOGNIZE THE CITY'S AUTHORITY AND PROCEEDED TO -- AND THEY'RE STILL WORKING ON IT AND THEY HAVE JUST RECENTLY CONCLUDED REPLACING THE LINE IN THAT PARTICULAR AREA. SO I GUESS I'M ALSO HOPING FOR SOME CONSISTENCY IN VELOCITY THAT IF WE DON'T APPROVE THE PIPELINES TO BE PLACED THERE, WHY WOULD WE SAY THAT IT'S OKAY TO GO AHEAD AND DEVELOP ON TOP OF EVEN MORE PIPELINE?

Mayor Garcia: MR. JOHN GARCIA. YOU INDICATED THAT YOU DO NOT WISH TO SPEAK AND YOU'RE NEUTRAL.

[ INAUDIBLE ]

Mayor Garcia: SURE, YOU CAN COME UP.

GOOD AFTERNOON. MY NAME IS JOHN GARCIA. I AM CONTEMPLATING BUYING A HOUSE ON STAR CRAFT CIRCLE. IT'S OFF OF DAVIS LANE. AND BASICALLY MY QUESTION IS I'M CURRENTLY IN MY OPTION PERIOD TO BUY THE HOUSE. I JUST HAVE A QUESTION FOR THE DEVELOPER. THERE'S GOING TO BE A PERIMETER OF GREENBELT AROUND THE NEIGHBORHOOD. DOES THAT EXTEND ON THAT SIDE AS WELL?

YES, SIR, THE ENTIRE PERIMETER OF THE PROJECT.

AND IN THIS GREENBELT ARE BIKE TRAILS, PEDESTRIAN TRAILS PROPOSED.

HIKE AND BIKE TRAILS, TWO MILES.

IS IT POSSIBLE TO GET SOME KIND OF COPY OF WHAT -- LIKE THE SQUARE FEET BETWEEN LIKE MY BACKYARD, MY PROPOSED BACKYARD AND WHAT MY MAYBE FUTURE NEIGHBORS' BACKYARD WOULD BE.

SURE, WE'LL BE GLAD TO MEET WITH YOU AND SHOW YOU. IT'S A SCALE MAP AND THAT WILL HELP YOU MEASURE THE DISTANCE.

THAT WAS MY MAIN CONCERN.

Mayor Garcia: THOSE ARE ALL THE SPEAKERS THAT WE HAVE. THE APPLICANT NOW HAS THREE MINUTES OF REBUTTAL.

MAYOR, LET'S SEE IF I CAN FIND AN ANALOGY. WE HAVE -- THIS PROJECT -- WE'VE BEEN IN THIS PROCESS FOR ABOUT TWO YEARS. AND A SUBSTANTIAL AMOUNT OF TIME AND DISCUSSION HAS GONE INTO THE PIPELINE ISSUE. IN FACT, WE HAVE IN HAND THE LONGHORN PIPELINE ISSUE BY GRANTING LONGHORN AN EASEMENT SO THAT THEY ACTUALLY MOVE THE LINE FURTHER SOUTH OUT OF THE BACKYARDS IN QUESTION. WE'VE ALSO PROPOSED AND STAFF HAS ACCEPTED BERMING WITH RESPECT TO THE OTHER PIPELINES IN THE CASE OF SOME SORT OF SPILL EVENT, THE BERMING WOULD PROVIDE ADDITIONAL CONTAIN. THIS HAS BEEN SUBSTANTIALLY REVIEWED BY THE CITY, INCLUDING THE FIRE MARSHAL. WITH RESPECT TO THE DRAINAGE, WE ARE BY LAW TO NOT EXACERBATE THE SITUATION. THE DRAINAGE HAS TO BE AS GOOD OR BETTER THAN IT WAS PREDEVELOPMENT. SO WE'RE CONFIDENT THAT WE CAN ADDRESS THAT. THIS IS BEING RECOMMENDED TO YOU BY STAFF AND THE PLANNING AND ZONING COMMISSION. AND HAS THE SUPPORT OF THE NEIGHBORHOOD ASSOCIATION THAT'S IN THE AREA. I'LL BE GLAD TO ANSWER ANY QUESTIONS.

Slusher: MAYOR, I'VE GOT SOME.

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: HOW FAR FROM THE PIPE LOAN, LONGHORN PIPELINE IS IT GOING TO BE?

THERE ARE NO HOUSES WITHIN 200 FEET OF THE PIPELINE.

Slusher: WHAT'S THE FEDERAL REGULATIONS?

I'M NOT SURE EXACTLY WHAT THAT REGULATION IS.

Slusher: DOES STAFF KNOW?

COUNCILMEMBER SLUSHER, THE LAST TIME WE HAD A CASE CLOSE TO A PIPELINE WE FOUND OUT THERE WERE NO REGULATIONS REGARDING DISTANCE. THE FEDERAL REGULATIONS REGARDING RESIDENTIAL DEVELOPMENTS --

Slusher: THERE ARE NONE? I COULDN'T REMEMBER IF IT WAS NONE OR IT WASN'T AS MUCH AS WE WOULD HAVE LIKED. SO THERE'S NONE AT ALL? I GUESS NOT SINCE THERE'S HOUSES IN HERE WHERE IT RUNS IN THE BACKYARD NEARBY HERE.

WE DIDN'T FIND THAT THERE WERE -- THAT THE PIPELINE DEVELOPERS SIMPLY HAVE AN EASEMENT, BUT NO OTHER SET BACK REQUIREMENTS WERE REQUIRED.

Slusher: WHAT IS THE 200-FOOT BASED ON? WHAT KIND OF SAFETY CONSIDERATION IS THAT BASED ON?

[ INAUDIBLE ] IT'S A DESIRE TO PROVIDE ADDITIONAL SPACE.

WE HAD EXTENSIVE MEETINGS WITH THE FIRE MARSHAL, WITH PIPELINE EXPERTS FROM ALL OVER THE COUNTRY ACTUALLY TO GET THIS THING BROKEN LOOSE. IT HELD US UP FOR ABOUT EIGHT MONTHS, THE DISCUSSION OF THE PIPELINE. THE 200 FEET IS NOT NECESSARILY A FORMULA. BASICALLY WE SAID WE'LL MOVE THE PIPELINE ON TO OUR PROPERTY TO HELP THE NEIGHBORS IN SHILOH TO GET THE PIPELINE OUT OF THEIR BACKYARDS. AND WE HAVE OUR HOUSES AS FAR AWAY AS WE CAN GET IT WITHOUT BEING IN THE CRITICAL WATER QUALITY ZONE. SO WE ARE UP AGAINST CRITICAL WATER QUALITY ZONE, THAT'S WHERE OUR HOUSES START. SO THERE WAS REALLY NO METHOD OR MADNESS TO THE DISTANCE.

Slusher: WHAT ABOUT WHEN PEOPLE BUY HOMES OR LOOK TO BUY HOMES IN THE AREA? ARE THEY GOING TO BE NOTIFIED THE PIPELINE'S THERE?

YES, SIR. WE HAVE EXTENSIVE SUBDIVISION ADDENDA THAT WE HAVE PEOPLE SIGN THAT THEY'RE NOTIFIED OF PIPELINES, THE FOLKS THEY SHOULD CONTACT IF THERE ARE ANY ISSUES.

Slusher: HOW DO YOU GO ABOUT THAT? BECAUSE I KNOW WHEN YOU BUY A HOUSE YOU SIGN A LOT OF DOCUMENTS ABOUT THAT HIGH. WILL THAT COME UP TO THEM AT THE LAST MINUTE?

NO, SIR, ACTUALLY WHEN THEY SIGN A CONTRACT. SO WHEN THEY ARE SIGNING A CONTRACT FOR THE HOUSE, THESE ISSUES ARE ALL DISCUSSED WITH THEM SO IT'S NOT A SURPRISE LATER ON.

Slusher: OKAY. WE'RE JUST DOING THIS ON FIRST READING? I'D LIKE TO TALK TO THE FIRE DEPARTMENT MORE ABOUT THAT, BUT I'M GLAD YOU'VE BEEN IN CONTACT WITH THEM. THANK YOU.

Mayor Garcia: FURTHER QUESTIONS OR DISCUSSION? IF NOT, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THIS ITEM ON FIRST READING. MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES.

THANK YOU, COUNCIL.

Mayor Garcia: THAT'S ALL OF THE ITEMS THAT WE HAVE UNDER THE ZONING HEARINGS. SO I'LL ENTERTAIN A MOTION TO RECESS UNTIL 5:45 ACTUALLY, AT WHICH TIME WE WILL TAKE UP THE ITEMS DEALING WITH THE STRATUS PROPERTY. MOTION BY THE MAYOR PRO TEM. I'LL SECOND THAT. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES. 5:30 IS PROCLAMATIONS. THE COUNCIL DOESN'T COME BACK WITH ME. LIVE MUSIC AND PROCLAMATIONS AT 5:30 AND THEN WE'LL COME BACK UP AT 57:45. WE'RE IN RECESS UNTIL 5:45.

..

Mayor Garcia: TODAY WE HAVE A LITTLE EXTRA TIME BEFORE WE BEGIN THE PROCLAMATIONS, SO I'VE ASKED THE MUSICIANS IF THEY WANT TO PLAY A LITTLE EARLIER. EVERY TIME WE HAVE A COUNCIL MEETING WE HAVE MUSICIANS AT 5:30, BUT BETWEEN NOW AND 5:30, WE DON'T HAVE ANY ACTIVITIES, SO I ASKED THEM IF THEY WANT TO PLAY AND THEY SAID YES. IF YOU ALL COULD, YOU KNOW, INTRODUCE YOURSELVES.

HELLO.

I'M CALVIN RUSSELL.

[ APPLAUSE ]

[ INAUDIBLE ]. (music) MUSIC PLAYING (music).

YOU KNOW, I WAS FLYING AMERICAN AIRLINES DAY BEFORE YESTERDAY AND "THE AMERICAN WAY" THAT THEY HAVE, THERE'S AN ARTICLE ABOUT MICHAEL, THE GUY WHO PLAYS THE BONGOS NAKED,

Mayor Garcia: WE HAVE BASICALLY THREE ITEMS LEFT ON THE AGENDA. TWO OF THOSE ARE PUBLIC HEARINGS THAT DON'T HAVE THAT MANY SPEAKERS. AS A MATTER OF FACT, ONE OF THEM HAS ONLY ONE SPEAKER. SO WE'RE GOING TO DO ITEMS NUMBER 115 AND 116 FIRST. THOSE ITEMS ARE 6:00 TIME STARTING AND WE THINK WE CAN GET THOSE DONE QUITE, YOU KNOW, QUICKLY. WHEN WE GET THROUGH WITH THAT, THEN WE'LL GO INTO THE STRATUS ITEMS WHICH HAVE A SETTLEMENT AGREEMENT AND SOME ZONING. THERE ARE SOME SEATS THIS SIDE OF THE CHAMBER. SO IF YOU COULD FIND YOUR WAY TO LEAVE THE PASSAGEWAY CLEAR SO WHEN PEOPLE LEAVE, THEY WILL NOT -- DO WE HAVE A FIRE MARSHAL HERE? OKAY. IF Y'ALL WILL GIVE ME -- IF YOU THINK I NEED TO ANNOUNCE SOMETHING, YOU PLEASE LET ME KNOW. THANK YOU VERY MUCH. I'M GOING TO CALL THE MEETING, THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL BACK TO ORDER AND THE FIRST ITEM IS ITEM 115, WHICH, TO CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE VARIANCE PROCESS FOR VARIANCES FROM LAND DEVELOPMENT CODE SECTIONS 25-1-133, 25-1-134, 25-7-61 (A) 5) B), 25-8-281, 25-8-321 A, 25-8-341, 25-8-342 AND 25-8-361 FOR CERTAIN WASTEWATER COLLECTION SYSTEM CONSTRUCTION PROJECTS NEEDED TO ELIMINATE SAN SEAR SEWER OVERFLOWS. IS THERE SOMEBODY HERE FROM WATER AND WASTEWATER WHO WANTS TO SPEAK BRIEFLY ON THIS? WE ONLY HAVE ONE SPEAKER.

GOOD EVENING, MAYOR, COUNCILMEMBERS. I'M HERE TO, AND THE WATER DEVELOPMENT DIRECTOR HERE TO ANSWER ANY QUESTIONS PER AND I THINK TO THIS ORDINANCE. WE DID THE PRESENTATION YESTERDAY AND ARE HERE TO FIELD ANY QUESTIONS THAT COUNCILMEMBERS HAVE ON THE PRESENTATION.

Mayor Garcia: OKAY. QUESTIONS FOR THE STAFF FROM WATER AND WASTEWATER AND WATERSHED PROTECTION? OKAY. WE HAVE ONE SPEAKER. LARRY HOLFORD. HE DOES NOT -- ACTUALLY HE DOES NOT WISH TO SPEAK. SO HE IS IN FAVOR OF THE ORDINANCE. SO I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE ORDINANCE.

Mayor Garcia: MOTION BY THE MAYOR PRO TEM, SECOND BY COUNCILMEMBER WYNN. THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED? NO. THE VOTE IS APPROVED OF 6-1. THE NEXT ITEM IS ITEM NUMBER 116. AND THAT'S TO CONDUCT A PUBLIC HEARING TO RECEIVE CITIZEN COMMENT ON AMENDMENTS TO THE CITY'S 2001-2002 ANNUAL ACTION PLAN REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. AMENDMENTS TO THE CITY'S 2001-2002 COMMUNITY DEVELOPMENT PROGRAM REQUIRED BY CHAPTER 333 OF TEXAS LOCAL GOVERNMENT CODE AND THE CITY'S PROPOSED 2002-2003 ANNUAL ACTION PLAN REQUIRED BY HUD, AND THE CITY'S PROPOSED 2002-2003 COMMUNITY DEVELOPMENT PROGRAM REQUIRED BY THE CODE. THIS IS THE SECOND OF TWO CITY COUNCIL PUBLIC HEARINGS ON THIS PLAN. THE FIRST PUBLIC HEARING WAS HELD ON MAY 23rd, 2002. NO ACTION WILL BE TAKEN ON THIS TONIGHT. MR. HILGERS?

YES. YES, MAYOR. BRIEFLY MY NAME IS PAUL HILGERS. I'M THE COMMUNITY DEVELOPMENT OFFICER FOR THE CITY OF AUSTIN. THIS IS THE SECOND OF TWO PUBLIC HEARINGS, AND JUST PROCEDURALLY WHAT WILL HAPPEN IS THIS WILL BE THE COMPLETION OF OUR PUBLIC INPUT-RECEIVING PROCESS. WE WILL BE MAKING FINAL RECOMMENDATIONS AND BRING THOSE RECOMMENDATIONS FOR APPROVAL TO THE COUNCIL ON AUGUST THE 1ST. WE HAVE A COMMUNITY DEVELOPMENT COMMISSION MEETING ON TUESDAY, JULY 16th WHERE THEY WILL FINALIZE THEIR RECOMMENDATIONS AND THOSE WILL BE ARRESTED, AS WELL AS PART OF OUR FINAL RECOMMENDATIONS FROM STAFF. AND SO WITH THAT, MAYOR, I KNOW THAT SOME OF THE SPEAKERS HAVE AGREED THAT THEY WOULD TRY TO LIMIT THEIR NUMBERS TO ONE OR TWO SPOKES PERSONS IN THE INTEREST OF TIME AND RECOGNIZING THAT THEY HAVE ALREADY, ALMOST ALL OF THEM, SUBMITTED WRITTEN TESTIMONY ABOUT THE NEEDS THAT THEY'VE IDENTIFIED AND THEY WOULD REITERATE THEM AGAIN THIS EVENING.

Mayor Garcia: QUESTIONS FOR MR. HILGERS? THANK YOU VERY MUCH. LET ME BEGIN BY READING INTO THE RECORD THE LIST OF PEOPLE WHO HAVE SIGNED UP TO SPEAK. ARTIS CONSA DOES NOT WISH TO SPEAK AND IS REGISTERED IN FAVOR OF. IS HE SUPPORTS THE YOUTH INVESTMENT FROM AND NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT PROGRAM FOR FISCAL YEAR 2003. THE YOUTH AND FAMILY ASSISTING CENTER PROVIDES FOR AN APPROACH TO ASSIST TROUBLED YOUTH. SERVICES CAN BE BETTER PROVIDED BY THOSE MOST IN NEED, AND THIS INITIATIVE IS DESIGNED TO ADDRESS THE UNDERLYING ISSUES, THE PROBLEMS THAT LEAD TO CRIME. IN ADDITION, SERVICES CAN BE PROVIDED FOR MORE LASTING IMPACT. THANK YOU. AND THAT'S FROM HER. DOES NOT WISH TO SPEAK, IS REGISTERED IN FAVOR OF, AND SHE ALSO HAS A NOTE. PRIORITY SHOULD BE GIVEN TO THE CREATION AND SUCCESSFUL IMPLEMENTATION OF COMPREHENSIVE SERVICES FOR YOUTH AND FAMILIES. SUPPORTING THE YOUTH AND FAMILY CENTER ALLOWS SERVICES TO BE DIRECTED TOWARDS STRENGTHENING FAMILIES. THIS IS A GREAT NEED. THERE IS A GREAT NEED FOR INITIATIVES THAT SUPPORT FAMILY-DRIVEN CULTURALLY COMPETENT, COMPREHENSIVE SERVICES THAT LEAD TO EMPOWER FAMILIES AND SUCCESSFUL. THE YOUTH AND FAMILY ASSESSMENT CENTER ENSURES FAMILIES GAIN ACCESS TO WHAT THEY NEED TO BUILD UPON THE STRENGTH WHILE OVER COMING THEIR CHALLENGES. STEPHEN BRIAN DOES NOT WISH TO SPEAK AND WRITES TO THE FOLLOWING. PLEASE ACCEPT THIS AS SUPPORT FOR YOUTH AND FAMILY ASSESSMENT CENTER. AS PART OF A COMMUNITY RESPONSE TO ADDRESS A FRAGMENTED AND LIMITED SERVICE SYSTEM FOR TROUBLED YOUTH, ESPECIALLY THOSE BELOW AGE 10. SERVICES ARE NOT ALWAYS DIRECTED TO THOSE MOST IN NEED. THIS MODEL WAS DEVELOPED AS PART OF THE COMMUNITY PLANNING PROCESS INVOLVING MORE THAN 75 STAKE HOLDERS. MOST CITY AND COUNTY HAVE ALREADY INVESTED FUNDS IN THE INFRASTRUCTURE FOR THE FAC SO THAT THE CITY DOLLARS CAN GO TOWARD DIRECT SERVICES FOR CHILDREN AND YOUTH. PLEASE CONSIDER THE CONTINUING OF YAFAC IN THE DEPARTMENT OF SPENDING PRIORITIES. THANK YOU, STEPHEN BRYAN. AND RONY EARL, ALSO REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. AND HE WRITES: I AM WRITING ON BEHALF OF THE COMMUNITY OF THE JUSTICE COUNCIL IN THE DISTRICT ATTORNEY'S OFFICE TO STRESS OUR STRONG SUPPORT FOR THE YOUTH AND FAMILY ASSESSMENT CENTER AS A MEANS OF PROVIDING HUMANS SERVICES TO FAMILIES IN AUSTIN AND TRAVIS COUNTY. WE SUPPORT THE ASSESSMENT CENTER BECAUSE IT PROVIDES A SINGLE ACCESS POINT FOR SOCIAL SERVICES MAKING THE SOCIAL SERVICES SEEM LESS CONFUSING FOR FAMILIES, TO PROVIDE A COMPREHENSIVE PLAN TO ASSIST AND STRENGTHEN FAMILIES; THREE, PROVIDES FOLLOW-UP FOR FAMILIES TO ENSURE THAT THEY CONTINUE TO GROW; FOUR, SEN HANCES COMMUNICATION AMONG SOCIAL SERVICE PROVIDERS AND GOVERNMENTAL AGGIES, THEREBY REDUCING DUPLICATION OF SERVICES SPEM AND FIVE, PROVIDES COST-EFFECTIVENESS BY PROVIDING INTERVENTION SERVICES TO DIVERT YOUTH FROM THE JUVENILE JUSTICE SYSTEM. THE COMMUNITY JUSTICE COUNCIL AND DISTRICT TOSH'S OFFICE ARE PLEASED TO COLLABORATE WITH THE SCHOOL REPRESENTATIVES, SOCIAL SERVICE PROVIDERS, BUSINESS LEADERS, AND COMMUNITY REMEMBERS TO HELP DEVELOP AND IMPLEMENT THE YOUTH AND FAMILY ASSESSMENT CENTER. I RESPECTFULLY REQUEST THE COUNCIL'S SUPPORT IN THIS ENDEAVOR. AND THAT'S FROM THE DISTRICT ATTORNEY. DR. LYNELL CLARK, IF YOU CAN COME UP.

THANK YOU FOR THIS OPPORTUNITY TO EXPRESS MY SUPPORT FOR THE YOUTH AND FAMILY ASSESSMENT CENTER. I AM WITH THE AUSTIN INDEPENDENT SCHOOL DISTRICT AND I'M SPEAKING ON BEHALF OF THE DISTRICT AS WELL. AS THE DROPOUT PREVENTION COORDINATOR I HAVE FIRSTHAND KNOWLEDGE AND OPPORTUNITY TO SEE THE BENEFITS OF SUCH A COLLABORATIVE PROGRAM AND INITIATIVE. NOT ONLY DOES THIS INITIATIVE SUPPORT FAMILIES, IT STRENGTHENS OUR STUDENTS. WE RECOGNIZE THE FACT THAT AS MUCH AS WE TRY TO DO FOR OUR STUDENTS, WE CANNOT DO IT ALONE. IT TAKES AN EFFORT. IT TAKES A COMMUNITY EFFORT, AND THIS EFFORT HAS COME TO FRUITION WITH THIS TYPE OF PROGRAM WHERE WE NOT ONLY ARE ABLE TO HELP STUDENTS BUT WHEN WE HELP THE FAMILY, EVERYONE WINS. SO ON BEHALF OF THE AUSTIN INDEPENDENT SCHOOL DISTRICT, I STRONGLY RECOMMEND AND HOPE THAT YOU WILL AGAIN CONTINUE THE FUNDING.

Mayor Garcia: THANK YOU, DR. CLARK. WAYNE HOLTSMAN DOES NOT WISH TO SPEAK. AS PRESIDENT OF THE BOARD OF THE AUSTIN PROJECT THAT MANAGES THE YOUTH AND FPLLY ASSISTANCE CENTER AND AUSTIN ISD ON BEHALF OF THE 25 BOARDMEMBERS WHO STRUGGLE, THE CENTER HAS AN IMPORTANT PROGRAM BY THE CITY AND COUNTY AND THE HEALTH AND HUMAN SERVICES DEPARTMENT. THE 225,000 IN THE CURRENT CITY BUDGET FOR 2002-2003'S CRITICAL ITEM FOR CONTINUING THE CITY IN THE AUSTIN PROJECT AND THE CENTER. OUR BOARD HAS PLANNED TO UNDERTAKE A MAJOR CAMPAIGN RAISING FUNDS FROM PRIVATE CORPORATIONS FOR THIS COMMITMENT TO THE CENTER BUT ONLY IF THE CITY CONTINUES TO SUPPORT THE PROJECT AS CURRENTLY IT IS DOING IN THE 2002- -- 2002-2003 BUDGET. LEONARD RAY SAENZ DOES NOT WISH TO SPEAK AND IS IN FAVOR OF. SUSAN DAWSON. SUSAN DAWSON. SHE DOESN'T INDICATE WHETHER SHE'S FOR OR AGAINST IT BUT , I THE CITY CENTERED FARMERS MARKET. BOB RUDEIS HOWEVER NOT WISHING TO SPEAK IN FAVOR OF THE FAMILY ASSISTMENT CENTER, FOR AT HICH RISK YOUTH, THE SERVICES THEY NEED. -- AT-RISK YOUTH. TRACY, NOT WISHING TO SPEAK, REGISTERED IN FAVOR OF FOR THE CITY CENTER FARMERS MARKET. TERESA, NOT WISHING TO SPEAK AND IN FAVOR OF THE FARMERS MARKET PROPOSED BY THE SUSTAINABLE FOOD CENTER. WILLIAM SPAM, NOT WISHING TO SPEAK AND REGISTERED IN FAVOR OF THE CITY-CENTERED FARMERS MARKET PROPOSED BY THE SUSTAINABLE FOOD CENTER. GAIL ROTH, NOT WISHING TO SPEAK -- WISHING TO SPEAK, IN FAVOR OF THE FUNDING FOR THE FARMERS MARKET. MADDEN, NOT WISH TO GO SPEAK, IN FAVOR OF THE CITY CENTERED FARMERS MARKET. JENNIFER SPAWN, NOT WISHING TO SPEAK. REGISTERED IN FAVOR OF THE CITY-CENTERED FARMERS MARKET PROPOSED BY THE SUSTAINABLE FOOD CENTER. KELLY COMMIS, NOT WISHING TO SPEAK. REGISTERED IN FAVOR OF. DEBRA MICHELLE. DEBRA MICHELLE? REGISTERED IN FAVOR OF THE FAMILY ASSISTMENT CENTER, YOUTH AND FAMILY ASSISTMENT CENTER. RACHEL WOLBERG, NOT WISHING TO SPEAK. IN FAVOR OF THE YOUTH AND FPLLY ASSISTMENT CENTER. RACHEL -- SHE WANTS TO SPEAK. IS SHE OUTSIDE? CHRISTINE A, NOT WISHING TO SPEAK. SHE ALSO ITION IN -- ALSO IS IN FAVOR OF THE SUSTAINABLE FOOD PROJECT. CLARICE EULICKE, NOT WISHING TO SPEAK, IN FAVOR OF THE AUSTIN PROJECT YOUTH AND FAMILY CENTER AND SUSTAINABLE FOODS. WENDY ANDREDES? IN FAVOR. I SAYS I STRONGLY URGE THE CONTINUATION OF FUNDING ON THE YOUTH AND FAMILY ASSISTMENT CENTER PROJECT. LAURA ATKINS, DIRECTOR OF THE OFFICE OF CHILDREN SERVICES. IS SHE HERE? [ INAUDIBLE ]

Mayor Garcia: ARE YOU MS. ATKINS?

I'M DEBRA MICHAELS.

OKAY. I'M GOING TO CALL YOUR -- I ALREADY CALLED YOUR NAME. YOU WANT TO COME IN AND SPEAK?

SURE.

Mayor Garcia: WELCOME.

THANK YOU. MY NAME IS DEBRA MICHAEL. I'M THE MANAGER OF THE YOUTH AND FAMILY ASSESSMENT CENTER FOR THE AUSTIN PROJECT, A COMMUNITYWIDE PROGRAM, A CITY/COUNTY INITIATIVE SERVING YOUTH AND FAMILIES IN THE EAST AUSTIN AREA. WE'RE IN THE JOHNSON HIGH SCHOOL TRACK AND WE'RE USING A WRAPAROUND TYPE APPROACH WHICH FAVORS FAMILY CHOICE AND VOICE TO WHERE THE FAMILIES CAN CHOOSE WHAT SERVICES THEY FEEL LIKE WOULD BE HELPFUL FOR THEIR CHILDREN, AND COMMUNITY BLOCK GRANT MONEY IS USED TO PURCHASE SERVICES. SOME OF THE SERVICES THAT WE'VE PURCHASED THAT SEEM TO BE THE HIGHEST PRIORITY ARE PARENT COACHING, SO THAT TO GIVE THE PARENTS SOMEBODY TO BE SUPPORTIVE OF THEM AND TO HELP THEM LEARN PARENTING SKILLS, AS WELL AS SET UP BEHAVIOR PLANS FOR THEIR CHILDREN THAT ARE HAVING SEVERE PROBLEMS. THAT'S ONE OF OUR SERVICES THAT WE PURCHASE THROUGH A COMMUNITY AGENCY. SOME OF THE OTHER SERVICES WE PURCHASE ARE MENTORING FOR THE CHILDREN, TUTORING, INDIVIDUAL HOME-BASED TUTORING, WHICH IS VERY DIFFICULT TO FIND ON THE EAST SIDE, AND A LOT OF FAMILIES, THE KIDS CAN'T MAKE IT IN GROUP TUTORING SETTINGS. SO IT'S A VERY INDIVIDUALIZED SERVICE THAT THE KIDS NEED. SO THE MENTORING, TUTORING, AND THEN WE DO BASIC NEEDS ALSO. SO TO KEEP PEOPLE ON THE EAST SIDE FROM BEING EVICTED, WE HELP WITH BASIC NEEDS, UTILITIES, RENTAL ASSISTANCE, FOOD. WE DO -- WE'RE LIKE THE BROKER FOR SERVICES. AND SO WE LOOK AT LEVERAGE SERVICES THAT WE COULD OBTAIN THROUGH COMMUNITYWIDE AGGIES FIRST. SO WE LOOK AT -- AGENCIES FIRST. SO WE LOOK AT SERVICES LIKE THE FOOD BANK, SOME OF THOSE SERVICES THAT WE CAN ACCESS AND THEN IF WE CAN'T FIND THOSE SERVICES THAT EITHER MEET THE CLIENT'S NEEDS BECAUSE OF LOCATION, BECAUSE OF NOT BEING AVAILABLE WHEN THE CLIENT NEEDS THE SERVICE, THEN WE LOOK AT PURCHASING THE SERVICE FOR THE CLIENT. AND SO THERE'S LEVELS OF SERVICE PROVISION THAT'S NEEDED BY THIS COMMUNITY BLOCK GRANT PROGRAM. AND SO AGAIN THAT'S THE YOUTH AND FAMILY ASSESSMENT CENTER. IT IS A COMMUNITYWIDE INITIATIVE. WE'VE STARTED IN THE JOHNSON HIGH SCHOOL TRACK. SO WE'RE SERVING THOSE MIDDLE SCHOOLS, ELEMENTARY SCHOOLS, AND HIGH SCHOOLS. AND WE ARE STATIONED OUT, OUR MAIN OFFICE IS OUT IN THE EAST AUSTIN AREA.

THANK YOU.

UH-HUH. THANK YOU.

Mayor Garcia: SUSAN DAWSON? WELCOME, MS. DAWSON.

THANK YOU. COUNCILMEMBERS, I I WILL BE BRIEF. I KNOW THAT THERE IS A LARGE GROUP OF PEOPLE HERE TONIGHT. I WOULD LIKE TO SPEAK ON BEHALF OF AMERICAN YOUTH WORKS WHERE I AM THE FIRST VICE CHAIR AND COMMUNITY MEMBERS. AS YOU ALL KNOW, THERE ARE MANY UNMET NEEDS IN OUR COMMUNITY, ESPECIALLY FOR THE YOUTH IN OUR COMMUNITY, BUT THOSE ARE NOT SPREAD EQUALLY THROUGHOUT THE CENTRAL TEXAS AREA. MANY OF US HAVE BEEN WORKING STRONGLY ON DEVELOPING MORE CORE CAPACITY IN EAST AUSTIN, ESPECIALLY FOR THE UNMET NEEDS OF YOUTH. WE ARE WORKING TO DO THAT THROUGH A NEW AMERICAN YOUTH WORKS, YOUTH DEVELOPMENT CENTER. I ASK YOU TO PREAWARD $500,000 IN 2003 FUNDS. THIS AMOUNT WILL BE HIGHLY LEVERAGED BY FEDERAL MONEY AND WILL GO TO MEET HUGE NEEDS THAT WE THINK CAN BE VERY EFFECTIVELY CARED FOR AND PRODUCE RESULTS. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MS. DAWSON. JAMES TEMPLETON.s( I THINK THEY NEED TO WAIT TO SEE IF WE CAN GET SOME MICROPHONES. WIRE GETTING THERE. -- WE'RE GETTING THERE. [ INAUDIBLE ]

Mayor Garcia: HOLD IT JUST A SECOND.

OKAY. [ INAUDIBLE ] IT IS VERY IMPORTANT FOR ME TO DO THIS.

WE DON'T WANT TO GET HURT OR GET KILLED. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, JENNIFER McFAIL. IF WE COULD GET SOME ROOM FOR JENNIFER TO COME UP TO THE MICROPHONE. DO YOU WANT TO -- .

MR. MAYOR, MY NAME IS DAVID WITY. I'M WITH ADAPTATECH. IN THE INTEREST OF CONSERVING TIME AND CONSOLIDATING OUR COMMENTS WHICH HAVE BEEN PREPARED IN WRITTEN FORMAT FOR YOUR PERUSEMENT. ANNA DIAZ WOULD LIKE TO ADDRESS THE COUNCIL NOW.

Mayor Garcia: OKAY. MS. DIAZ, AND THEN JENNIFER McFAIL. YOU CAN USE THIS OTHER MICROPHONE.

THIS ONE?

Mayor Garcia: THAT ONE, YES.

I'M AMANDA DIE AS WITH ADAPT OF TEXAS AND I'M GOING TO SPEAK TONIGHT FOR OUR GROUP, AND WHAT WE'RE REALLY INTERESTED IN IS TWO ISSUES. ONE IS THE VOLUNTARY COMPLIANCE AGREEMENT, WHICH EXPIRES ACTUALLY ON OCTOBER 9th OF THIS YEAR, AND WE WOULD LIKE TO SEE SOMETHING PUT INTO THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT ACTION PLAN STATING THAT THEY WILL CONTINUE TO MONITOR IT UNTIL THE 38 COMPLEXES THAT ARE INVOLVED ARE IN COMPLIANCE BECAUSE THE LAST MEETING WE HAD, WE WERE TOLD THAT NONE OF THEM ARE IN COMPLIANCE YET. AND CONSIDERING THAT IT BASICALLY ENDS THIS YEAR, WE WOULD REALLY, YOU KNOW, LIKE SOME KIND OF A COMMITMENT THAT Y'ALL WILL CONTINUE TO TRY TO GET THESE THINGS, THESE PROPERTY OWNERS TO DO THE WORK THAT THEY ARE SUPPOSED TO. THE OTHER THING IS THE HOUSING TRUST FUND. LAST WEEK THE HOUSE FINANCE SERVICE COMMITTEE VOTED ON THE HOUSING BILL WHICH WILL GO OUT ON THE FLOOR AND -- OF THE SENATE ABT HOUSE -- AND THE HOUSE OF REPRESENTATIVES FOR A VOTE, HOPEFULLY SOON, AND IT LOOKS LIKE IT MIGHT WIND UP PASSING. SO WE WOULD LIKE SOME KIND OF A COMMITMENT TO THAT SO THAT WHEN THIS DOES BECOME A FEDERAL LAW THAT THE MONEY THAT'S IN THE HOUSING TRUST FUND CAN BE MATCHED BY FEDERAL DOLLARS, WHICH IS WHAT THIS BILL IS, YOU KNOW, HOPING TO DO. THANK YOU.

Mayor Garcia: THANK YOU. JENNIFER McFAIL.

SHE WAIVED.

Mayor Garcia: OKAY. THANK YOU VERY MUCH. THAT'S ALL THE SPEAKERS WE HAVE.

MR. MAYOR, YOU CALLED OUR NAMES JUST A FEW MINUTES AGO AND WE WERE SORT OF STUCK OUTSIDE.

Mayor Garcia: OKAY.

I'M LAURA ATKINS. I'M THE DIRECTOR OF CHILDREN SERVICES FOR TRAVIS COUNTY HEALTH AND HUMAN SERVICES AND I'M HERE TO SPEAK IN FAVOR OF THE PLAN AND SPECIFICALLY IN FAVOR OF THE FUNDS THAT ARE DEDICATED FOR YOUTH AND FAMILY SERVICES. AND I JUST WANTED TO LET Y'ALL KNOW THAT IN MAY OF 2000, THE COMMUNITY ACTION NETWORK DID A PUBLIC SAFETY ASSESSMENT. THEY CAME UP WITH A RECOMMENDATION ABOUT THE NEED FOR A MORE COORDINATED PREVENTION AND INTERVENTION SERVICE DELIVERY SYSTEM FOR YOUTH IN OUR COMMUNITY, AND THROUGH THAT PROCESS THE YOUTH AND FAMILY ASSESSMENT CENTER MODEL GOT DEVELOPED AND IMPLEMENTED OVER THIS PAST YEAR. IT USES A WRAPAROUND APPROACH AND WHAT IS SPECIAL AND UNIQUE ABOUT THIS SERVICE DELIVERY SYSTEM IS THAT IT FOCUSES ON FAMILY CHOICE AND ON FAMILY STRENGTH, AND OUR SERVICES TYPICALLY HAVE BEEN ADDRESSED TOWARDS DEFICITS AND APPROACHING FAMILIES IN A DEFICIT-BASED WAY AND WHAT'S REALLY SPECIAL ABOUT THE YOUTH AND FAMILY ASSESSMENT CENTER IS THAT IT BUILDS ON FAMILIES' INHERENT STRENGTHS AND THE INFORMAL SUPPORTS THAT THEY HAVE AND CONNECT THEM THROUGH A COORDINATED SYSTEM. SO THE IMPLEMENTATION FOR THE YOUTH AND FAMILY ASSESSMENT CENTER REALLY REPRESENTS A SHIFT IN THE WAY WE DO DELIVER HUMAN SERVICES IN THIS COMMUNITY AND IT'S A PILOT THIS YEAR, BUT THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT ACTION PLANS FOR 2002 AND 2003 ALLOCATES $242,000 FOR SERVICES TO GO DIRECTLY TO FAMILIES THROUGH THIS INITIATIVE AND THROUGH THIS PROJECT, AND I'M JUST HERE TO SEEK IF SUPPORT OF THAT AND THAT THE FUNDING BE CONTINUED IN THE PLAN AS IT IS.

I WORK HERE, ME AND MY KIDS, AND THEY HAVE REALLY BEEN A BIG HELP TO ME. IN THIS PROGRAM HERE, TOO. AND MY CHILDREN HAVE BENEFIT FROM THE PROGRAM, NOT JUST THEIR PROGRAM. BOTH OF THEM. THEY GOT A LOT OF EDUCATION OUT OF IT AND STUFF LIKE THAT. SO I'M JUST UP HERE TO ASK Y'ALL PLEASE, YOU KNOW, DON'T STOP, YOU KNOW, THE PROGRAM, YOU KNOW, AND STUFF BECAUSE IT'S REALLY A LOT OF USE FOR MY KIDS. THANK YOU.

Mayor Garcia: THANK YOU.

HELLO. I'M LINDHY WITH AUSTIN TRAVIS COUNTY MHMR. I'M THE NETWORK MANAGER AND DEVELOPER FOR THE CENTER FOR CHILDREN SERVICES AND I'M ALSO HERE TO ENDORSE THE CONTINUATION OF FUNDING FOR THE DEDICATED FUNDS THAT CURRENTLY EXIST IN THE PLAN FOR CHILDREN AND FAMILY.

THANK YOU VERY MUCH.

GOOD EVENING. MY NAME IS JEAN. I BELIEVE YOU HAVE MY CARD THERE. I AM WITH UNIT OONT -- UNITED CEREBRAL PALSY OF TEXAS AND THE TEXAS HOME OF YOUR OWN COALITION AND WE PROVIDE A HOMEOWNERSHIP PROGRAM FOR PEOPLE WITH DISABILITIES. WHAT WE'RE ASKING YOU ALL TO CONSIDER IS IN YOUR DOWN PAYMENT ASSISTANCE PROGRAM THAT YOU CONSIDER A HIGHER AMOUNT FOR PEOPLE WITH DISABILITIES. WE FOUND OVER THE PAST FIVE YEARS WITH FUNDING WE'VE RECEIVED FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS THAT THAT IS THE AMOUNT OF FUNDS THAT DOES WORK WELL FOR PEOPLE WITH DISABILITIES DUE TO SOME OF THE RESTRICTIONS ON THE AMOUNT OF FUNDS THAT THEY CAN ACCUMULATE. SO WE DO ASK THAT YOU CONSIDER A DIFFERENT AMOUNT FOR UP TO $15,000 FOR PEOPLE WITH DISABILITIES SO WE CAN CONTINUE OUR EFFORTS. THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HAS FUNDED OUR PILOT PROJECT. THEY ARE STRESSING THAT IN THE COMMUNITIES WE SERVE THAT WE DO NEED TO LOOK AT THOSE HOME FUNDS THAT THE CITIES ARE RECEIVING TO PROVIDE THE ASSISTANCE BECAUSE THE STATE IS ONLY ALLOCATING THEIR FUNDS TO THE MORE RURAL TEXAS. BUT WE'VE SHOWN OVER THE PAST FIVE YEARS THAT THIS CAN WORK. I DO HAVE SOME WRITTEN TESTIMONY TO PROVIDE TO YOU-ALL AND IN ADDITION, WE DO WANT TO LET Y'ALL KNOW WE HAVE BEEN SUPPORTERS OF THE HOUSING TRUST FUND AND AS ADAPT POINTED OUT, THE INITIATIVE AT THE FEDERAL LEVEL, IT WOULD BE BENEFICIAL IF THERE'S ADDITIONAL FUNDS HERE IN AUSTIN. HOPEFULLY WHEN THAT LEGISLATION IS PASSED WE'LL BE ABLE TO DRAW DOWN MORE MONEY, AND WE ARE HERE IN SUPPORT OF THAT ALSO. THANK YOU.

ALBERT FOR NEIGHBORHOOD HOUSING. RON QUINSTON IN FAVOR OF THE PROGRAM. AND ANN A REYES ARE SPOKE IN FAVOR OF THE PROGRAM. COUNCIL MEN, THAT'S ALL THE SPEAKERS THAT WE HAVE ON ITEM NUMBER 116. MR. HILGERS, DO WE HAVE A THIRD PUBLIC HEARING ON THESE ITEMS?

NO, MAYOR, WE DON'T.

THIS IS THE PUBLIC HEARING? AND THE MAIN THING WE WILL DO IS WE WILL BE APPROVING?

YES, SIR, WE WILL BE APPROVING THE RECOMMENDATIONS THAT COME BEFORE, AND THAT WILL BE ON AUGUST 1ST. THERE WILL BE A COMMUNITY DEVELOPMENT MEETING ON TUESDAY, JULY 16th TO PRESENT OUR FINAL RECOMMENDATIONS, AND THOSE WILL BE PRESENTED TO THE COUNCIL ON AUGUST THE 1ST.

Mayor Garcia: SO JULY THE 16th?

YES, SIR.

Mayor Garcia: JULY 16th THE COMMUNITY DEVELOPMENT COMMISSION MEETS TO HEAR THE RECOMMENDATIONS?

YES, SIR.

Mayor Garcia: AND WHERE IS THAT MEETING GOING TO BE?

WE WILL POST THAT. I'M NOT SURE WHERE THAT MEETING WILL BE. DO WE KNOW? DPAR GAR AND THEN ON AUGUST 1ST -- .

Mayor Garcia: AND THEN ON AUGUST 1ST WILL COME BEFORE THE COUNCIL.

I'M SORRY. THE COMMUNITY DEVELOPMENT COMMISSION MEETING WILL BE THERE. I'M SORRY.

Mayor Garcia: IS THAT ON CUMBERLAND?

YES, SIR, THAT'S CORRECT. NO. THE MULTIPURPOSE IS ON SOUTH FIRST STREET.

Mayor Garcia: ON SOUTH FIRST, CLOSE TO. EVERYBODY GOT THAT? JULY THE 16th THEY ARE GOING TO BE THERE. THANK YOU VERY MUCH.

THANK YOU, MAYOR.

I WOULD ENTERTAIN A MOTION TO CLOSE THIS PUBLIC HEARING. MOTION BY COUNCILMEMBER DID YOU THINK EARLY. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. OKAY. NOW WE'RE PICKING UP THE ITEM THAT IS COMMONLY KNOWN AS THE STRATUS ITEMS AND LET ME EXPLAIN THAT WE HAVE TWO TYPES OF ITEMS HERE. ONE TYPE DEALS WITH SETTLEMENT AGREEMENT THAT THE STAFF HAS BEEN NEGOTIATING FOR A COUPLE OF YEARS, I GUESS, OR SO. AND THE OTHER ONE SPEAKS TO THE ZONING ITSELF. I HAVE A STACK OF CARDS OF PEOPLE THAT HAVE REGISTERED AND ARE NOT WISHING TO SPEAK. I'LL READ THAT INTO THE RECORD AS SOON AS THE STAFF MAKES A PRESENTATION. I ALSO WANTED TO RECOGNIZE THE MAYOR OF THE VILLAGE OF BEXAR CREEK WHO WILL BE SPEAKING LATER BUT IF HE'S HERE AND NEEDS TO STAND, WE'D LIKE TO RECOGNIZE YOU. THANK YOU FOR COMING, MAYOR. GOOD TO HAVE YOU HERE. YOUR PRESENTATION ON THE SETTLEMENT AGREEMENT?

WHAT WE'RE GOING TO DO IS WE'RE GOING TO GO OVER THE PRESENTATION MUCH LIKE WE DID AT THE WORK SESSION YESTERDAY SO THAT WE HAVE THE FRAMEWORK OF HOW WE'RE TRYING TO GET INFORMATION OUT TO THE PUBLIC ALL ON RECORD HERE AT THIS PUBLIC HEARING. BEFORE WE BEGIN, I'D LIKE TO GIVE A BACKDROP FOR WHY WE'RE HERE. AND SOME OF THIS WILL SEEM SIMPLISTIC FOR SOME IN THE AUDIENCE, AND I RECOGNIZE A LOT OF THE FACES, BUT WE'VE HAD A LOT OF QUESTIONS, AND WE WANT TO TRY TO REALLY JUST PUT THE ROAD MAP ON THE TABLE AS WE GET STARTED. THE CITY OF AUSTIN HAS BEEN PAINFULLY DEALING WITH ONE VERSION OR ANOTHER OF GRANDFATHERING OR VESTED RIGHTS SINCE HOUSE BILL 4 WAS ENACTED BY THE TEXAS LEGISLATURE IN 1987. AND MOST RECENTLY WAS THE VERSION OF HOUSE BILL 1704 PASSED IN 1999. THIS TYPE OF STATE GRANDFATHERING LEGISLATION ALLOWS DEVELOPERS TO LOCK IN THE LOCAL REGULATIONS THAT WERE IN PLACE WHEN THEY FILED THEIR FIRST APPLICATION FOR DEVELOPMENT PERMIT. IN SHORT WHAT IT MEANS IS DEVELOPERS CAN AVOID REGULATORY CHANGES. THEY CAN DEVELOP UNDER OUTDATED REGULATIONS. AND OBVIOUSLY THIS SEVERELY LIMITS LOCAL CONTROL OVER LOCAL DEVELOPMENT. I WOULD ARGUE THAT FACED WITH THIS SITUATION AND PROBABLY NOWHERE IN ALL THE HISTORY OF THE VESTED RIGHTS BILLS THAT ARE HAPPENING ACROSS THE COUNTRY HAS THE CITY AS AGGRESSIVELY TRIED TO CHALLENGE THAT LEGISLATION AS AUSTIN, TEXAS. NOT JUST THE GRANDFATHERING BUT THE KIND OF BRACKETED BILLS THAT HAVE GONE AFTER THE LOCAL CONTROLS OF HOW WE GROW AND HOW WE REGULATE OUR GROWTH. AS THE MAYOR, THE MAYOR PRO TEM AND COUNCILMEMBER SLUSHER WILL RECALL, THE 1999 COUNCIL HAD A LEGAL TEAM IN PLACE STUDDING POTENTIAL CHALLENGES TO HOUSE BILL 1704 BEFORE THAT BILL WAS EVEN SIGNED BY THE GOVERNOR. IN THE SPRING OF 1999 AND INTO 2000, THE CITY HIRED LITERALLY A DOZEN ATTORNEYS TO COLLECTIVELY INVESTIGATE VIABLE LEGAL CHALLENGES TO HB 1704. THIS GROUP INCLUDED THE ATTORNEY WHO HAD SUCCESSFULLY ATTACKED THE SOUTHWEST TRAVIS COUNTY WATER DISTRICT AND THE WATER QUALITY PROTECTION ZONE, AS WELL AS THE ATTORNEYS WHO REPRESENTED SUNSET VALLEY IN THE 1704 CASE. AND THEN MOST RECENTLY BEFORE EVER BRINGING THE STRATUS SETTLEMENT HERE FOR FIRST READING, WE WENT BACK AND REALLY LITERALLY AT THE BEHEST OF SEVERAL VIMENT AL GROUPS, INCLUDING S.O.S., WE HARD REMAIN HIRED AN ATTORNEY WITH EXTENSIVE EXPERIENCE IN ENVIRONMENTAL LAW TO GIVE THE CITY YET ANOTHER SECOND OPINION ON THE STRENGTHS OF ANTI1704 OR GRANDFATHERING ARGUMENT AND ON THE STRENGTH OF THE STRATUS GRANDFATHERING CLAIMS. THE CITY HAS MOVED FORWARD BASED ON THE OVERWHELMING CONSENSUS OF ALL OF THAT LEGAL ADVICE. SO WHY ARE WE AT THE TABLE? TO ANSWER THAT QUESTION, YOU HAVE TO DESCRIBE THE STRATUS GRANDFATHERING CLAIM, AND SOMETIMES THE CITY HAS BEEN RELUCTANT TO LAY THOSE CLAIMS ON THE TABLE BECAUSE BY PUTTING THOSE CLAIMS ON THE TABLE ARE WE SOMEHOW ACKNOWLEDGING THOSE CLAIMS ARE VALID BUT I'M GOING TO GIVE THIS AN ATTEMPT BECAUSE WE HADN'T DONE IT AS WE MOVED THROUGH THIS PROCESS. WHAT ARE THOSE CLAIMS? WHAT HAS THIS AT THE TABLE? FOR BEAR LAKE PUBLIC IS MORE STRAIGHTFORWARD. THE BEAR LAKE PUBLIC, THE QUESTION THAT HAS TO BE ANSWERED AND ASKED OF THE POLICY MAKERS IS THE VALUE OF TAKING AN INDUSTRIAL DEVELOPMENT, A DEVELOPMENT ZONED FOR R&D AND REZONING IT TO AN S.O.S.-COMPLIANT SINGLE FAMILY DEVELOPMENT. WHEN YOU GET TO THE REST OF THE PROPERTIES, THINK ABOUT THE PROPERTIES IN TWO PIECES, THE BEAR LAKE PUBLIC COMPONENT AND THEN ALL THE REST OF IT WHICH ARE PART OF THE CIRCLE C. SO FOR THE CIRCLE C PROPERTY, IT'S A DIFFERENT ISSUE. STRATUS CLAIMS THE ABILITY TO DEVELOP CONSISTENT WITH THE 1984 M.U.D. LAND USE PLAN, BUT THEY ACKNOWLEDGE THE REDUCTIONS OF CONSTRAINT OF THEIR RECENT FISH AND WILDLIFE CONSULTATION. STRATUS CLAIMS THAT THEIR DEVELOPMENT RIGHTS VESTED IN THE MID 1980S WHEN THE FOUR CIRCLE C M.U.D.S WERE CREATED AND THE CITY AND STRATUS' PREDECESSOR ENTERED INTO AGREEMENT WITH THE M.U.D. AND THE CITY APPROVED PRELIMINARY PLANS CONSISTENT WITH THE CONSENT AGREEMENT. THE M.U.D. CONSENT AGREEMENT HAVE AN ATTACHED M.U.D. LANDING PLAN, AND THAT PLAN REFLECTS OFFICE, RETAIL, AND MULTIFAMILY TWOMENT ON THESE PARTICULAR STRATUS PROPERTIES. -- STRATUS CLAIMS THAT THE M.U.D. CONSENT AGREEMENT REQUIRED THE LAND TO BE DEVELOPED CONSISTENT WITH THE M.U.D. LAND USE PLAN, AND THIS IS IMPORTANT TO THE 1704 CLAIMS -- REQUIRED STRATUS' PREDECESSOR TO FILE SPECIFIC RESTRICTIVE COVENANTS REGARDING THE DEVELOPMENT OF THE LAND. AMONG OTHER THINGS THE RESTRICTED COVENANT REQUIRED THE LAND TO BE DEVELOPED IN COMPLIANCE WITH THE SITE DEVELOPMENT REGULATIONS WET FORTH IN THE WILLIAMS CREEK AND SLAUGHTER CREEK ORDINANCES. TO FULLY EVALUATE STRATUS' GRANDFATHER CLAIMS ON ITS CIRCLE C PROPERTY, YOU HAVE TO ALSO ANALYZE WHETHER ZONING CAN PREVENT STRATUS FROM DEVELOPING AT CIRCLE C PROPERTY CONSISTENT WITH THE 1984 M.U.D. LANDINGS PLAN. THE M.U.D. LANDINGS PLAN WERE UNUSUAL IN THAT THEY DETAILED DENSITY PER ACRE AND FLOOR-TO-AREA RATIOS THAT CAN BE USED TO ESTIMATE THE UPPER LIMIT OF CONVEYOR FOOTAGE OF USE OF DENSITY. SO FROM THAT -- SQUARE FOOTAGE. SO FROM THAT YOU CAN GET MORE THAN IMPERVIOUS COVER OR AREA. YOU CAN ACTUALLY GET THE DENSITY. WITH RESPECT TO THE ZONING QUESTION, STRATUS POINTS TO THE LANGUAGE IN HOUSE BILL 1704, A PROVISION THAT STATES, ZONING IS NOT TRUMPED BY VESTED RIGHTS SO LONG AS -- IN OTHER WORDS UNLESS -- THE ZONING CANNOT BASICALLY -- BASICALLY SO LONG AS THE ZONING DOES NOT AFFECT LOT SIZE, LOT DIMENSIONS, LOT COVERAGE OR BUILDING SIZE; AND THE ZONING DOES NOT CHANGE DEVELOPMENT PERMITTED BY A RESTRICTED COVENANT. REMEMBER? WE REQUIRE RESTRICTED COVENANT. REQUIRED BY MUNICIPALITY. SO THAT'S SORT OF THE SHORTEST VERSION I COULD COME UP WITH TO TRY TO DESCRIBE THE CLAIMS THAT HAVE US AT THE TABLE. SO HOW DID NEGOTIATIONS WITH STRATUS BEGIN? THE PRESENT NEGOTIATIONS GREW OUT OF THE CITY'S VICTORY IN THE WATER QUALITY PROTECTION ZONE CASE ALMOST EXACTLY TWO YEARS AGO. IN THE WAKE OF THE SUPREME COURT DECISION IN OUR FAVOR IN JUNE OF 2000, BO ARMSTRONG, THE CEO OF STRATUS, ANNOUNCED HE WANTED TO END HIS LAND DEVELOPMENT FIGHT AND HE WANTED TO SETTLE ALL OF STRATUS' OUTSTANDING DEVELOPMENT ISSUES, AND THERE WERE A NUMBER OF THINGS ON THE TABLE, NOT JUST THE PROPERTY.

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Futrell: THEY RAN A PARALLEL PROCESS WITH THAT, SO AT THE SAME TIME GETTING AND INCORPORATED PUBLIC FEEDBACK FROM NEIGHBORHOODS, ENVIRONMENTAL LEADERS AND KEYBOARDS AND COMMISSIONS. THAT DETAILED AGREEMENT HAS BEEN UP ON THE CITY WEB PAGE FOR OVER 10 DAYS, WITH SUPPORTING INFORMATION BEING UPDATED DAILY ON SITE. THERE WERE CHANGES THAT OCCURRED YESTERDAY FROM A DISCUSSION FROM THE WORK SESSION THAT REDUCED IMPERVIOUS COVER ON ONE OF THE MAJOR TRACTS. SO WHAT IS THE PROCESS FOR THE NEXT FOUR WEEKS? WHAT IS THE PROCESS FOR COUNCIL AND PUBLIC INPUT OVER THE NEXT FOUR WEEKS? COUNCIL RECEIVED AN INITIAL BRIEFING YESTERDAY. TODAY COUNCIL IS POSTED FOR REPEAT BRIEFINGS, THE ZONING PUBLIC HEARING AND IS POSTED FOR ACTION ON FIRST READING ONLY. SECOND READING IS SCHEDULED TWO WEEKS LATER ON JULY 11th.... JULY 11TH. AND THIRD READING IS SCHEDULED THE FOLLOWING WEEK, FOUR WEEKS OUT, ON JULY 18th. SO WE HAVE FOUR WEEKS FOR DISCUSSION AND PUBLIC INPUT ON THIS AGREEMENT. WE HAVE STRUCTURED THE FOLLOWING BRIEFINGS TO ANSWER SEVEN BASIC QUESTIONS. WHY ARE WE NEGOTIATING WITH STRATUS, ONE? TWO, WHAT ARE WE GETTING? THREE, WHAT ARE WE GIVING? FOUR, WHAT ARE THE TRAFFIC IMPACTS AND HOW IS STRATUS MITIGATING THOSE TRAFFIC IMPACTS? FIVE, HOW HAVE WE GOTTEN PUBLIC INPUT AND HOW HAVE WE INCORPORATED IT? SIX, WHAT HAVE THE BOARDS AND COMMISSIONS DONE? AND FINALLY, SEVEN, WHAT HAPPENS IF THE CITY AND STRATUS DO NOT REACH AN AGREEMENT? BASICALLY THE BEST ALTERNATIVE TO A NEGOTIATED SOLUTION. NOW, WITH THAT I'M GOING TO TURN IT OVER TO ASSISTANT CITY MANAGER LISA GORDON AND WE'RE GOING TO RUN THROUGH THOSE SEVEN QUESTIONS.

THANK YOU, CITY MANAGER FUTRELL. AS WAS EXPLAINED EARLIER, THE STRATUS PROPERTIES HAVE 245 CLAIMED SPACE ON THE MID '80'S PRELIMINARY PLANS AND THE M.U.D. USE PLANS. TODAY WE WOULD LIKE TO PROVIDE YOU WITH A COMPREHENSIVE OVERVIEW OF THE AGREEMENT, THE TERMS AND THE COMMONLY ASKED QUESTIONS THAT HAVE BEEN IDENTIFIED. PRESENTED WITH ME -- PRESENTING WITH ME TODAY ARE LES TULL, OUR SUPERVISING ENGINEER ON WATER QUALITY. HE IS ON MY LEFT. PAT MURPHY, THE CITY'S ENVIRONMENTAL OFFICE TO MY RIGHT. AND NEXT TO PAT, TERRY MCMANUS, OUR PRINCIPAL PLANNER FOR TRANSPORTATION. IN ADDITION, WE HAVE SEVERAL STAFF MEMBERS SEATED IN THE AUDIENCE WHO HAVE BEEN WORKING ON THIS AGREEMENT TO PROVIDE ADDITIONAL FEEDBACK ON VARIOUS ISSUES. THEY ARE OUR LEGAL STAFF, MARTY TERRY, NANCY MCCLINTOCK, GREG GURNSEY, ALLISON GALLOWAY AND VICKY SCHUBERT. WE ALSO HAVE WITH US OUR OUTSIDE ATTORNEY, CASEY DOBSON. AND RENE HICKS WHO WAS BROUGHT IN RECENTLY TO REVIEW THE AGREEMENT. WHY ARE WE NEGOTIATING WITH STRATUS? TO EXPAND THE 245 CLAIMS BY STRATUS CARRY A LEGAL RISK FOR THE CITY IN TERMS OF LITIGATION AND AN --

Mayor Garcia: MS. GORDON, LET ME TALK TO YOU FOR JAWS A SECOND. CAN Y'ALL HEAR IN THE BACK? WE NEED TO HAVE MORE VOLUME ON THIS ONE SPEAKER, THIS ONE MICROPHONE. COULD WE -- TRY THAT AGAIN.

IS THIS BETTER? BETTER? OKAY. I'LL START AGAIN. WHY ARE WE NEGOTIATING WITH STRATUS? TO EXPAND ON THE 245 CLAIMS THAT STRATUS HAS, THIS CARRIES A RISK FOR THE CITY IN TERMS OF LITIGATION AND AN OUTCOME THAT WOULD IMPACT THE CITY'S AUTHORITY FURTHER THAN THE STATE LEGISLATION HAS. THERE ALSO IS THE POTENTIAL FOR A TAKEN IF THOSE CLAIMS WERE SUBSTANTIATED THROUGH THE LEGAL SYSTEM. BEYOND ANY LEGAL RISK, THE CITY HAS NEGOTIATED AN AGREEMENT THAT PROVIDES SIGNIFICANT BENEFITS BEYOND OUR CURRENT CODE REQUIREMENTS. THESE BENEFITS AFFECT THE COMMUNITY AND THEY COULD NOT BE ACHIEVED NOR ENFORCED WITHOUT AN AGREEMENT. THE AGREEMENT ALSO PROVIDES FOR CERTAINTY OF THE TYPE OF DEVELOPMENT THAT WOULD OCCUR IN THIS SENSITIVE AREA OF THE CITY. THERE WILL BE KNOWN WATER QUALITY PROTECTIONS AND THE AGREEMENT ALLOWS FOR A POSITIVE CASH FLOW AFTER FIVE YEARS AND IT PAYS BACK FOR ITSELF AFTER 10 YEARS. LES TULL WILL GIVE YOU AN OVERVIEW OF HOW THE AGREEMENT TALKS ABOUT WATER QUALITY, OPEN SPACE AND REDUCED DEVELOPMENT DENSITY. HE WILL BE FOLLOWED BY PAT MURPHY, WHO WILL DISCUSS THE INCENTIVE PACKAGE AND WHAT WE'RE PAYING FOR AND WHAT TYPES OF REVENUES WE'RE USING. I WANT TO MAKE CLEAR NOW THAT WE ARE NOT USING ANY PROPERTY TAXES TO BENEFIT THIS DEAL, NOR IS THERE ANY CASH THAT GOES DIRECTLY OUT OF THE DOOR FROM THE CITY. HE WILL BE FOLLOWED BY TERRY MCMANUS, WHO PROVIDED AN OVERVIEW OF THE TRAFFIC AND TRANSPORTATION ISSUES. AND LET ME SAY THERE'S BEEN A LOT OF CONVERSATION ABOUT THE TRANSPORTATION. I THINK TERRY'S PORTION OF THE OVERVIEW WILL PROVIDE YOU A LOT OF INFORMATION. LES?

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