Closed Caption Log, Council Meeting, 8/22/02

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

Mayor Garcia: ... IN THE EXECUTIVE SESSION ROOM, HE SHOULD BE COMING IN SHORTLY. WELCOME, EVERYBODY. THERE WE ARE, NOW WE HAVE A QUORUM OF THE COUNCIL. SO AT THIS TIME IS THE REVEREND SARAH CURRIE FROM ST. LOUIS METHODIST CHURCH HERE.

GOOD MORNING.

Mayor Garcia: GOOD MORNING.

WILL YOU JOIN ME IN PRAYER. MOST HOLY GOD OUR MAKER, THANK YOU FOR GIVING US A NEW DAY, A NEW BEGINNING. FREE FROM YESTERDAY'S REGRETS, FRESH WITH PROMISE FOR TOMORROW'S POSSIBILITIES, MOST BLESSEDLY ALIVE WITH TODAY'S PRESENT CALLING. WE BELIEVE YOU DO CALL US TO BE AWAKE, TO BE GRATEFUL, AND TO BE WILLING TODAY TO LISTEN FOR AND TO FOLLOW YOUR GUIDING WISDOM. IN THIS NEW DAY, WE ASK YOU TO FREE US FROM REGRET AND TO CENTER US IN GRATEFUL CONSCIOUSNESS. MOST LOVING GOD, OUR COMPANION, THANK YOU FOR GIVING US EACH OTHER, SISTERS AND BROTHERS IN THE COMMUNITY CALLED AUSTIN. WE ASK THAT YOU GIVE US TODAY THE WILLINGNESS TO LEARN TOGETHER FROM THE PAST, THE WILLINGNESS TO LIVE AND WORK TOGETHER TODAY, IN THIS PRESENT MOMENT. AND THE WILLINGNESS TO BUILD TOGETHER THE FOUNDATIONS FOR THAT BRIGHT AND HOPEFUL FUTURE THAT WE TRUST IS YOUR LOVING WILL FOR ALL OUR CHILDREN AND THEIR CHILDREN. IN THIS NEW DAY, WE ASK YOU TO FREE US FROM MISTRUST AND TO CENTER US IN COMPASSIONATE CONSCIOUSNESS. MOST POWERFUL GOD, OUR SUSTAINER, THANK YOU FOR GIVING US YOUR ENERGIZING SPIRIT, YOUR HOLY WISDOM, THAT ENLIVENS EACH MOMENT AND GIVES US THE ABILITY TO REFLECT TOGETHER, TO IMAGINE TOGETHER AND TO ACT TOGETHER, CREATIVELY AND EFFECTIVELY FOR THE GOOD OF OUR COMMUNITY. IN THIS NEW DAY, WE ASK YOU TO FREE US FROM FEAR, AND TO CENTER US IN ENLIGHTENED CONSCIOUSNESS. ALL WE REALLY ASK TODAY, DEAR GOD, IS THAT THE MEDITATIONS OF OUR HEARTS, THE WORDS OF OUR MOUTHS, AND THE ACTIONS OF OUR HANDS BE PLEASING IN YOUR SIGHT FOR YOU ARE OUR ROCK, OUR REDEEMER, AND OUR ONLY HOPE IN THIS WORLD AND THE WORLD TO COME. THIS IS OUR HUMBLE PRAYER IN THIS NEW DAY. AMEN.

Mayor Garcia: AMEN. THANK YOU REVEREND CURRIE.

AT THIS TIME I'M CALLING TO ORDER THE -- THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL WE ARE CONVENING ON THURSDAY, AUGUST THE 22ND, 2002, IN THE BOARD ROOM AT THE LOWER COLORADO RIVER AUTHORITY, HANCOCK BUILDING, 3700 LAKE AUSTIN BOULEVARD. WE HAVE FIRST SOME BUDGET BRIEFINGS FOR FISCAL YEAR 2002-2003 BUDGET. AND I THINK WE ALREADY DEALT WITH THE FIRST ONE, AUSTIN ENERGY, WATER AND WASTEWATER UTILITY AND PUBLIC WORKS AND C.I.P. BUT -- BUT IF THERE'S -- IF THERE'S QUESTIONS ABOUT IT, -- BY THE COUNCILMEMBERSS, THE CITY MANAGER CAN TAKE THOSE QUESTIONS AND ADDRESS THEM AT THE APPROPRIATE TIME. ITEM NO. 2 WE -- IS DEVELOPMENT, ENVIRONMENT AND TRANSPORTATION SERVICES. WE HEARD YESTERDAY THE PRESENTATION OF THE NEIGHBORHOOD PLANNING AND ZONING. TODAY WE WILL HEAR TRANSPORTATION PLANNING AND SUSTAINABILITY, WATERSHED PROTECTION AND DEVELOPMENT REVIEW. AND THE CITY MANAGER WILL BE OPENING UP THE DISCUSSION AND AGAIN IF YOU HAVE ANY QUESTIONS FROM YESTERDAY'S PRESENTATION, ON THE NEIGHBORHOOD PLANNING AND ZONING, YOU CAN ALSO BRING THOSE QUESTIONS UP BECAUSE WE ARE POSTED TO -- TO DISCUSS THAT BUDGET -- THE BUDGET ITEMS. CITY MANAGER?

Futrell: MAYOR, I SHOULD HAVE SAID THIS IS A CONTINUATION OF OUR BUDGET PRESENTATIONS FROM YESTERDAY. I BELIEVE THAT WE HAVE TWO THAT ARE LEFT. WE WILL BE STARTING WITH TRANSPORTATION PLANNING AND SUSTAINABILITY. IF YOU WILL LOOK AT PAGE 13 OF THE HARD COPY HANDOUT THAT'S IN FRONT OF YOU, I BELIEVE THAT'S WHERE WE ARE GOING TO PICK UP. LISA, WOULD YOU LIKE TO KICK-OFF?

THAT'S CORRECT. GOOD MORNING MAYOR AND COUNCIL. I'M LISA GORDON, ASSISTANT CITY MANAGER, HERE WITH ME TO MY LEFT IS AUSTIN LIBRACH THE DIRECTOR OF TRANSPORTATION PLANNING AND SUSTAINABILITY. IMMEDIATELY BEHIND ME IS THE STAFF SUPPORT. OTIS WILLIAMS, THE DIRECTOR, TOM FOREST, ASSISTANT DIRECTOR AND SHELLY CARTER THE ANALYST FOR ISS. THE BUDGET FOR TRANSPORTATION PLANNING AND SUSTAINABILITY IS FOUND ON PAGE 102 THROUGH 180 IN THE POLICY BUDGET AND CAPITAL INFORMATION IS ON PAGE 395. OUR FIRST GRAPH -- OOPS, THERE WE GO, OUR FIRST GRAPH IS THE TRAFFIC SCORE CARD. AS IT INDICATES TRAFFIC FLOW ON CITY STREETS REMAINS A HIGH PRIORITY FOR AUSTIN CITIZENS. BUT SATISFACTION AS LOW AS IT HAS BEEN FOR THE PAST FEW YEARS. THIS IS A MAJOR CHALLENGE FOR THE DEPARTMENT AND FOR THE CITY. IN THE LAST 10 YEARS, WE'VE HAD A POPULATION EXPLOSION. WE'VE HAD 48% INCREASE IN THE CITY OF AUSTIN, 41% IN TRAVIS COUNTY AND 48% IN OUR M.S.A. IF WE GO BACK TWO DECADES, THOSE NUMBERS IN THE 40% REMAIN HIGH. SO IN TWO DECADES WE HAVE HAD ALMOST 90% GROWTH. THIS IS A PRIMARY REASON FOR SOME OF OUR TRANSPORTATION ISSUES. ONE OF THE EMPHASIS OF THE TRANSPORTATION DEPARTMENT, TRANSPORTATION PLANNING AND SUSTAINABILITY IS TO PROVIDE TRANSPORTATION ENHANCEMENTS NEEDED TO REDUCE TRAFFIC CONGESTIONS. THE MULTI MODAL APPROACH INCLUDES INITIATIVES WITH THE FOLLOWING EMPHASIS. URBAN DESIGN EFFORTS TO CREATE PEDESTRIAN FRIENDLY AND ACCESSIBLE SIDEWALKS, INCREASING RESIDENTIAL FACILITIES AND AMENITIES IN THE DOWNTOWN AREA THAT ENCOURAGE US TO LIVE AND WORK IN THE SAME AREA. EFFICIENT AND AFFORDABLE PUBLIC TRANSIT SOLUTIONS. REGIONAL EFFORTS, SUCH AS THE CENTRAL TEXAS TRANSPORTATION TOLL PROJECTS, WHICH IS STATE HIGHWAY 45 AND STATE HIGHWAY 130 AS WELL AS LOOP 1. ALSO, OPTIMIZING TRAFFIC SIGNAL OPERATIONS. THE NEXT GRAPH SHOWS YOU THAT CORRIDOR TRAVEL TIME WAS STASHLY REDUCED AFTER THE IMPLEMENTATION OF THE SIGNAL TIMING PROJECT IN 1999, WHICH WAS 18%. IN EACH SUCCESSIVE YEAR, WE WILL ACHIEVE A 5% INCREASE FOR THOSE SIGNALS THAT ARE TIMED. PROJECTS THAT ARE BEING IMPLEMENTED NOW AND THE ONES SUPPORTED BY THIS BUDGET ARE ESSENTIAL TO MEETING OUR TRANSPORTATION NEEDS AND ADDRESSING THE SATISFACTION LEVEL OF OUR RESIDENTS AND VISITORS TO AUSTIN. THE NEXT MEASURE IS AIR QUALITY. AGAIN AFFECTED BY OUR TRANSPORTATION ISSUES AND OUR QUALITY OF LIFE HERE IN AUSTIN. THE CUSTOMER PRIORITY IS 75%, AND THE SATISFACTION WAS 70%. ONE OF THE WAYS THAT WE TRACK AIR QUALITY IS -- TO COUNT THE NUMBER OF DAYS A REGION IS ABOVE THE CLEAN AIR ACT, WHICH IS 85 PARTS PER BILL. THIS STANDARDS IS APPEAR -- PER BILLION. THIS STANDARD IS APPLIED TO THE OZONE READING AT EACH AIR QUALITY MONITORING STATION IN THE REGION. A REGION IS IN VIOLATION IN THE STANDARD IF ITS FOURTH HIGHEST OZONE READING FOR THE YEAR EXCEEDS THE 85 PART PER BILLION THREE YEARS IN A ROW. OUR GRAPHS SHOW THAT SOME OF OUR OZONE DAYS HAVE BEEN HIGH, BUT WE'VE ALSO HAD SOME FAVORABLE NUMBERS. WE ALSO ARE ENHANCING OUR REGIONAL EFFORTS WITH OUR FLEX 03 PLAN TO BRING THESE NUMBERS DOWN FURTHER. THE FIRST CHART SHOWS THAT THE CITY HAD ONE DAY IN 2001, THAT WAS LARGELY DUE TO SOME OF OUR EFFORTS, BUT MOSTLY DUE TO FAVORABLE WEATHER CONDITIONS: SO FAR THIS YEAR WE'VE HAD TWO DAYS THAT EXCEEDED THE LIMIT, BUT AUGUST AND SEPTEMBERS ARE THE MONTHS WITH THE HIGHEST NUMBER OF OZONE DAYS WHICH RANGE BETWEEN FIVE AND 10 DAYS IN AUGUST AND 10 AND 20 DAYS IN SEPTEMBER. SUSTAINABILITY ALSO INCLUDES WATER CONSERVATION, AND THE SECOND CHART SHOWS THE -- THE EFFECT OF MANY OF OUR PROGRAMS, SUCH AS TOILET RETROFITS, EFFICIENT CLOTHES WASHER REBATES, WATER-WISE LANDSCAPE REBATES AND THE WASTEWATER SYSTEMS THAT WE HAVE BEEN USING. THE 2002 -- THE 2001 ACTUAL IS 8,626. AND WE ARE PROJECTING FOR THIS YEAR 9,318,000,000S OF -- MILLIONS OF GALLON, OUR GOAL FOR --

Mayor Garcia: CAN YOU REPEAT THAT NUMBER? IT SEEMS TO ME FROM THE WAY THAT THE DESCRIPTION IS AT THE TOP, IT'S 9,318,000-GALLONS SAVED; IS THAT CORRECT? OR IS THAT NOT CORRECT? BECAUSE IT SAYS THIS IS IN THOUSANDS.

IT'S IN THOUSANDS.

Mayor Garcia: SO HOW MUCH -- HOW MUCH IS THE PEAK GALLONS OF WATER SAVED?

WHAT YOU HAVE THERE IS A CUMULATIVE TOTAL. SO THE PEAK GALLONS FOR THE YEAR IS THE -- IS THE DIFFERENCE BETWEEN THIS YEAR AND NEXT YEAR. AND I DON'T -- I CAN'T -- I CAN'T SEE THAT FIGURE SPECIFICALLY TO GIVE YOU THE DIFFERENCE. BUT IT'S ABOUT 722,000-GALLONS, I THINK, A YEAR IS WHAT WE ARE SAVING. I BELIEVE THAT'S THE NUMBER.

IT'S IN THOUSANDS. HE'S TALKING ABOUT THE MEASURE --

Mayor Garcia: 722 ADDITIONAL --

PER YEAR.

PER YEAR CUMULATIVE.

THEN WHAT YOU SEE IS A CUMULATIVE GRAPH SHOWING WHAT WE HAVE ACCUMULATED OVER THE LAST, ACTUALLY, IT'S MANY MORE YEARS THAN THIS, BUT THIS GRAPH SHOWS STARTING IN 1998 I GUESS, I CAN'T SEE IT.

Mayor Garcia: YEAH, BUT IS THAT -- THE TOTAL, IS THAT 9 MILLION-GALLONS THAT WE ARE SAVING?

YES, SIR.

Mayor Garcia: OR 9 BILLION?

YOU WOULD ADD -- THREE MORE ZEROS TO THOSE NUMBERS.

Mayor Garcia: OKAY.

AUSTEN LIBRACH WILL GIVE YOU SOME ADDITIONAL DETAIL ON THE FY 2003 BUDGET AND THE TRANSPORTATION PLANNING AND SUSTAINABILITY MEASURES THAT THEY --

GOOD MORNING, AGAIN MY NAME IS AUSTEN LIBRACH, THE DIRECTOR OF THE TRANSPORTATION PLANNING AND SUSTAINABILITY DEPARTMENT. THE NEXT SLIDE SHOWS YOU THE MISSION AND THE MAJOR PROGRAMS OF THE DEPARTMENT, THE MISSION BRIEFLY IS TO PROVIDE QUALITY PLANNING FOR CONSERVATION, URBAN DESIGN, HISTORIC PRESERVATION, TRANSPORTATION TO A DIVERSE CUSTOMER BASE TO ACHIEVE A MORE LIVABLE COMMUNITY. THE KEY MAJOR PROGRAMS ARE TRANSPORTATION ENHANCEMENT, WHICH HAS 136 EMPLOYEES AND WITHIN TRANSPORTATION ENHANCEMENT THERE IS ALSO THE OPERATIONS FUNCTIONS, THE SIGNS AND MARKINGS, THE SIGNALS AND THE PARKING FUNCTION. THAT IS PART OF THE OPERATIONS OF TRANSPORTATION ENHANCEMENT AS WELL AS OUR TRANSPORTATION ENGINEERING STAFF. LONG-RANGE PLANNING IS THE SECOND MAJOR AREA, AND IT SHOWS ON THE SLIDE 33 EMPLOYEES IN THAT AREA, WHICH INCLUDES A THIRD OF THOSE 33 REALLY STAFF THAT -- AT CAMPO WHICH WE PROVIDE SIMPLY IN ADMINISTRATIVE CONVENIENCE FOR THEM TO -- TO -- FOR THEIR STAFF, SO THE LONG-RANGE PLANNING GROUP IS ABOUT 20 STAFF. AND THAT REPRESENTS ABOUT 15% OF THE TOTAL PROGRAM. FINALLY, OUR -- SECOND TO FINALLY, SUSTAINABILITY IS ANOTHER 32 EMPLOYEES, WHICH OF COURSE IS THE AIR QUALITY AND WATER CONSERVATION STAFF OF THE DEPARTMENT, ABOUT 21% OF THE BUDGET, OF THE OVERALL BUDGET AND THEN CHILD SAFETY, WHICH IS A VERY SMALL PROGRAM WITH STATE FUNDING WITH 3 F.T.E.'S. THE NEXT SLIDE SHOWS YOU THE CHANGE FROM LAST YEAR TO THE PROPOSED YEAR FROM THIS YEAR TO THE PROPOSED YEAR. THE -- WHAT WE ARE SHOWING FIRST IS THE PROJECTED ACTUAL EXPENDITURES FOR 2001-2002 YEAR. OUR BUDGET WAS SET AT 19.4 MILLION, BUT WE HAVE BEEN ABLE TO CONSERVE BY FREEZING ABOUT 26 POSITIONS, SO OUR ESTIMATED BUDGET AT THE END OF THE YEAR EXPENDITURES WILL BE 17 MILLION. AND NEXT YEAR WE ARE PROPOSING A SLIGHT INCREASE TO 17.8 MILLION. THE NUMBER OF -- OF F.T.E.'S WILL CHANGE FROM WHAT WAS -- WHAT WAS THIS YEAR 215, WE FROZE AS I SAID 26, WE ARE ADDING BACK 10 OF THOSE 26, AND ELIMINATING 16 POSITIONS THAT WERE FROZEN AND ELIMINATING TWO FILLED POSITIONS AND THEN WE ARE, AS A RESULT OF THE INTEGRATION WITH I.S.S., RECEIVING EIGHT NEW POSITIONS. SO THAT GIVES US THEN NEXT YEAR A GRAND TOTAL OF 204. MOST OF THOSE POSITIONS THAT -- THAT WE HAD FROZEN THIS YEAR, ARE ACTUALLY FROZEN FOR OVER A YEAR FOR SOME -- IN SOME CASES AS MANY AS TWO TO THREE YEARS. SO -- SO THE CHANGE TO THIS COMING YEAR WITH THE ELIMINATION OF THOSE POSITIONS IS NOT SIGNIFICANT FROM WHAT OUR ACTUAL STAFFING HAS BEEN. NEXT SLIDE, JUST TO COVER BRIEFLY THE MAJOR HIGHLIGHTS FOR THE -- FOR THE COMING YEAR, SOME OF THEM LISTED HERE THE FIRST IS THAT WE WILL HAVE FOR OUR A.D.A. ACTIVITIES 2.1 MILLION BUDGETED. 250,000 AS I THINK YOU MAY HAVE HEARD YESTERDAY IN NEW FUNDS, 500,000 FROM THE QUARTER CENT WHICH YOU WILL BE CONSIDERING THIS AFTERNOON. FOR THE A.D.A. MASTER PLAN, WHICH IS AN EFFORT TO -- TO DETERMINE INVENTORY, WHERE THE SIDEWALK ISSUES AND PROBLEMS AND OTHER A.D.A. ISSUES ARE AND THEN TO PREPARE FOR OURSELVES A PLAN FOR HOW TO ACHIEVE COMPLIANCE WITH A.D.A. AND TO -- TO MOVE FORWARD WITH -- WITH THE PLAN. AND TO THE EXTENT THAT THERE ARE FUNDS REMAINING FROM THAT PLAN TO SPEND THOSE ON ACTUAL IMPLEMENTATION. AND THEN THERE IS A $1.3 MILLION CARRYOVER FROM FORMER PREVIOUS YEARS, INCLUDING THIS YEAR. FOR GIVING US A TOTAL OF 2.1 2.1 THERE'S ALSO IN THE BUDGET 500,000 FOR THE IMPLEMENT STAYING OF THE TRAFFIC CALMING PROGRAM. THIRDLY, WE WILL BE INTEGRATING A SERIES OF NEW SIGNALS IN THE DOWNTOWN AREA. INTO OUR TRAFFIC MANAGEMENT CENTER? WE HAVE -- WE HAVE, I THINK, ABOUT -- ABOUT 90 DIFFERENT DOWNTOWN INTERSECTIONS THAT WE ARE PROPOSING TO -- TO INCLUDE INTO THE SYSTEM AND WILL BE ADDING A NUMBER OF DIFFERENT -- OF DIFFERENT CAMERAS AT THOSE INTERSECTIONS TO HELP US AS WE -- WITH THE CURRENT SYSTEM THAT WE HAVE NOW. MOVING ON TO -- TO PROCESS IMPROVEMENTS, WE HAVE THREE THAT WE HAVE REALLY BEEN WORKING ON OVER THIS CURRENT YEAR AND WE WILL BE WORKING ON UNTIL THE NEXT YEAR. THE FIRST IS TO -- IS THE REGULATORY SIGN REPLACEMENT PROGRAM AND IN THAT AREA WHAT WE ARE ESSENTIALLY CONSIDERING DOING IS AUTOMATING THE STAFF AND CITIZEN REQUEST SYSTEM SO THAT WOAL BE ABLE TO -- WE WILL BE ABLE TO MANUFACTURE AND INSTALL SIGNS IN A MORE TIMELY MANNER. WE THINK THAT IT WILL RESULT IN AN INCREASED NUMBER OF SIGNS BEING INSTALLED AND POTENTIALLY INCREASED REVENUES DUE TO THE BETTER LEGAL SIGNS. OUR REVENUES WILL BE UP BY 250,000 FOR NEXT YEAR. THE SECOND IS, YOU MAY HAVE SEEN SOME OF THESE, THE TRAFFIC SIGNAL L.E.D. REPLACEMENT PROGRAM THAT IS BEING FUNDED BY AUSTIN ENERGY, $6 MILLION. WE WILL BE STARTING TO INSTALL THESE NEW L.E.D.'S, LIGHT EMITTING DIEDIODES INTO THE RED AND GREEN LIGHTS. YOU MAY HAVE SEEN SOME OUT ON AN EXPERIMENTAL BASIS OUT AND AROUND IN DIFFERENT PLACES. THEY ARE LITTLE DOTS. INSTEAD OF A BIG GREEN LIGHT YOU HAVE LITTLE DOTS IN THE LIGHT THAT ARE EACH ONE INDIVIDUAL DIODES. THEY LAST LONGER, MORE EFFICIENT, THEY ARE GOING TO SAVE BULB REPLACEMENT COSTS BY $80,000 A YEAR ANNUALLY AND ENERGY SAVINGS OF 1.7 MILLION. SO WE ARE IN THE PROCESS NOW OF INSTALLING ALL OF THOSE AROUND THE CITY. WE ARE ALSO LOOKING AT ALTERNATE WORK SCHEDULES TO ELIMINATE IF WE CAN WEEKEND OVERTIME WITH SOME OF THE ACTIVITIES THAT WE HAVE BEEN INVOLVED IN. THE NEXT SLIDE THEN TO COVER FOR YOU, SOME OF THE TRANSPORTATION ENHANCEMENT PROJECTS THAT WE EXPECT TO BE SPENDING TIME ON THIS COMING YEAR. AND I WILL HIGHLIGHT JUST A FEW OF THESE, BUT FIRST, SECOND STREET RECONSTRUCTION, WE -- WITH THE RESULT OF YOUR DECISIONS LAST YEAR HAVE BEGUN ENGINEERING DESIGN OF SECOND STREET FROM THE GREEN TREATMENT PLANT TO THE CONVENTION CENTER. AND WE ARE ASKING IN THE QUARTER CENT FUNDS TO FUND ANOTHER NEXT STEP OF THAT, WITH THE ENGINEERING WORK. AND WE WILL BE CONTINUING TO WORK AND MANAGING THAT PROJECT FOR SECOND STREET. SOUTH CONGRESS IMPROVEMENT PLAN, WE HAVE FROM THE '98 BONDS, FUNDS FOR THAT, WE WILL BE WORKING ON INSTALLING LIGHT AND WORKING WITH -- WITH SCHOOL FOR THE DEAF AND OTHERS ON SOUTH CONGRESS TO CONTINUE WORK IN THAT AREA. LANCE ARMSTRONG BIKE WAY. THE -- WE ARE MAKING PROGRESS ON THE LANCE ARMSTRONG BIKEWAY. WE ARE RECOMMENDING IN THE DAMP REPORT PLAN THAT WE HOPE TO BRING TO YOU AT THE END OF SEPTEMBER PERHAPS OR IN OCTOBER FOR YOUR CONSIDERATION, WE ARE RECOMMENDING THAT LANCE ARMSTRONG THROUGH DOWNTOWN BE ON FOURTH STREET AND IN ADDITION TO THAT WE HAVE ALREADY STARTED THE -- THE WORK, PRELIMINARY DESIGN, FOR THE SECTIONS EAST AND WEST OF DOWNTOWN. WE WOULD HOPE THAT CONSTRUCTION WOULD BEGIN IN EARLY 2004 PENDING REVIEW AND PERMITTING, THAT SORT OF A THING. SO THAT -- LANCE ARMSTRONG WILL BE A BIG PROJECT ON OUR PLATE FOR NEXT YEAR. TRAFFIC ENGINEERING AND SIGNALIZATION, WE -- AS I AS WE INDICATED EARLIER, WE HOPE TO INSTALL ABOUT 20 NEW TRAFFIC SIGNALS IN THE AREA TO MODIFY 30 SIGNALIZED INTERSECTIONS IN THE DOWNTOWN AREA WE WILL INSTALL ABOUT -- BRING 90 INTERSECTIONS INTO THE TRAFFIC MANAGEMENT CENTER. SO THAT IT WILL MAKE IT EASIER FOR US TO SYNCHRONIZE DOWNTOWN STREETS. WE ARE HOPING TO SYNCHRONIZE FIFTH, SIXTH, SEVENTH, EIGHT, NINTH, 10TH, AND 11TH IN THE DOWNTOWN AREA COMING THIS YEAR. WE WILL RETIME APPROXIMATELY 250 TRAFFIC SIGNALS AS PART OF THE ANNUAL TRAFFIC LIGHT SYNCHRONIZATION PROGRAM SO THAT AS THE TIMERS AND THE COMPUTERS AND THE -- IN THESE SYSTEMS GETS OUT OF PHASE, THEY NEED SOME TWEAKING, RETIMING, SO ON, SO THAT THESE SIGNALS ARE BACK WORKING IN ORDER. IT TURNS OUT THAT THERE ARE SOME IN THE CITY THAT GET OUT OF -- OUT OF ALIGNMENT FASTER THAN OTHERS. THAT IS A CONTINUING EFFORT ON OUR PART TO RETIME, RESYNCHRONIZE STREETS AS WELL AS BRINGING THESE NEW ONES ON THAT I HAVE MENTIONED. IN ADDITION, THE REST OF THE AUSTIN AREA, WE ARE HOPING TO SYNCHRONIZE M.L.K. AND SOUTH FIRST. U.S. 183, WESTGATE, LAKE AUSTIN AND LAVACA AND PERHAPS A FEW OTHERS. THEN THE DAMP STUDY, AS I SAID EARLIER, WE HOPE TO BRING THAT TO YOU IN OCTOBER FOR YOUR CONSIDERATION. THERE ARE 15 PROPOSED PROJECTS OVER ABOUT A FIVE YEAR PERIOD, PROPOSED IN THAT PROGRAM. WE WOULD BE IMPLEMENTING THOSE PROJECTS THAT YOU DECIDE TO MOVE FORWARD WITH DURING THIS NEXT YEAR AND OVER THE NEXT PERIOD OF TIME. THE SAME WITH THE SEAHOLM MASTER PLAN. THAT HAS BEEN TO YOU ONCE BEFORE. WE HOPE TO BRING THAT BACK TO YOU IN THE FIRST QUARTER OF THIS NEXT FISCAL YEAR. WE ARE ASKING FOR SOME MONEY IN THE QUARTER CENT FOR -- FOR -- TO BEGIN TO MOVE FORWARD WITH THE PFLUGER BRIDGE EXTENSION AND THE RAILROAD RIGHT-OF-WAY FROM -- FROM UNION PACIFIC. BUT THERE ARE OTHER ASPECTS OF THAT PLAN THAT WE WOULD BRING BACK FOR YOUR CONSIDERATION. AT A LATER DATE. NEXT SLIDE THEN REVIEWS FOR YOU SOME OF THE KEY CAPITAL BUDGET APPROPRIATIONS FOR THE COMING YEAR. THE FIRST IS OUT OF THE YEAR 2000 BONDS WILL BE -- WE WILL BE SPENDING $15 MILLION OUT OF THE 15.5 FOR RIGHT-OF-WAY AND UTILITY RELOCATION. THIS MONEY IS EARMARKED FOR OUR SHARE OF STATE HIGHWAY 45. WE WILL BE TRANSFERRING FUNDS TO THE STATE, EXCUSE ME, FOR THAT PROJECT. OUR COMMITMENT TO THE STATE FOR THAT PROJECT IS AT THIS POINT IS 58.2 MILLION. WE ARE OVER A PERIOD OF YEARS MAKING OUR CONTRIBUTIONS TO THAT AS -- AS WE HAVE ALREADY MADE, I THINK, TO STATE HIGHWAY 130. NEXT YEAR, WE WILL HAVE SOME STREET IMPROVEMENTS, 4.7 MILLION. THE KEY PROJECT IN THAT WEAR WAS TO CONSTRUCT THE EAST WILLIAM CANNON FROM ONION CREEK TO DIXIE DRIVE, MOST OF THOSE FUNDS ARE COMING FROM THE NSTP 4 C GRANT THAT WE HAVE RECEIVED. WE HAVE -- IN THE A.D.A. AREA, MOVING ON DOWN THE LIST, A NUMBER OF DIFFERENT PROJECTS. EAST RUNDBERG AND ABERDEEN IS A PROJECT HIGH ON THE LIST FROM THE FOLKS THAT WE HAVE BEEN WORKING WITH AS WELL AS SOME -- WHAT WE CALL SPOT GAP PROJECTS. WITH REGARD TO BIKEWAY PROJECTS, THERE IS THE BARTON SPRINGS ROAD BIKE LANES FROM ROBERT E. LEE TO MOPAC. THE JOLLYVILLE 360 ARBORETUM CONNECTOR AND THE SOUTH LAMAR 290 BEAR YEAR REMOVAL -- BARRIER REMOVAL ARE THREE OF THE PROJECTS THAT WE ARE HOPING TO START WITH REGARD TO BIKE PROJECTS. EXAMPLES THEN FOR SIDEWALKS, OUR RECOMMENDATION IS TO MOVE FORWARD WITH -- WITH SOME ARTERIAL AND NEIGHBORHOOD SIDEWALKS. AMONG THOSE ARE LAMAR FROM BARTON SPRINGS ROAD, MANCHACA TO -- ON BOTH SIDES, OLTORF AND LAMAR TO I-35, BURNET FROM ANDERSON TO 183 AND WEST MARY FROM SOUTH FIFTH TO LAMAR. IN ADDITION, YOU WILL SEE AT THE BOTTOM OF THAT, WE ARE ALSO PROPOSING, AS YOU WILL TAKE UP THIS AFTERNOON, THE CAPITAL METRO FUNDING QUARTER CENT FOR -- FOR -- WHICH WILL BE THIS YEAR'S QUARTER CENT AND THEN THERE WILL BE THE FY '03 QUARTER CENT THAT WE WILL BRING TO YOU IN SEVERAL MONTHS AS WELL. FINALLY, THERE'S A SLIDE ON ANNEXATION. JUST ANNEXATION WILL CONTINUE JUST TO INDICATE THAT THERE ARE SEVERAL KEY PROJECTS WE WOULD THINK WE WILL BE BRINGING TO YOU IN THE ANNEXATION AREA THIS COMING YEAR. MOTOROLA P.D.A. AND THE AVERY RANCH AREA. THE AVERY RANCH THAT THREE OR FOUR DIFFERENT ANNEXATIONS THAT COME IN PIECES TO YOU, THIS WILL BE SEVERAL THAT WILL BE FILED THIS NEXT YEAR. BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE REGARDING THAT PRESENTATION.

Mayor Garcia: QUESTIONS FOR MR. LIBRACH? COUNCILMEMBER WYNN? DID I HEAR YOUR MIC?

Thomas: THAT WAS ME. THAT WAS ME, MAYOR.

Mayor Garcia: I HEARD THE MIC.

Thomas: IF YOU DON'T MIND, MR. LIBRACH, ON THE TRAFFIC CALMING, THE 500,000, HOW -- HOW ARE -- BECAUSE THERE HAVE BEEN SOME CONCERNS ABOUT SOME AREAS THAT WE STARTED AND WE DIDN'T COMPLETE. HOW ARE WE GOING TO DISBURSE THAT $500,000?

OUR PLAN IS TO -- IS TO USE ABOUT 150 TO 180,000 TO COMPLETE A PROJECT THAT WAS PICKED AND WAS STARTED TWO YEARS AGO THAT -- THAT -- FOR WHICH WE DIDN'T HAVE ENOUGH FUNDING. AND THEN THE REMAINING 350,000 -- UNLESS COUNCIL DIRECTS OTHERWISE, WE WOULD USE THE SAME SELECTION METHODOLOGY THAT WE HAVE USED IN THE PAST TO TAKE THE -- THE NEIGHBORHOOD THAT HAS -- HAS -- BASED ON A VARIETY OF DIFFERENT CRITERIA, THE WORST TRAFFIC CONGESTION PROBLEMS AND SELECT THAT NEIGHBORHOOD.

Thomas: OKAY. I WILL GET WITH YOU ON THE 150 TO 180, I WILL TALK TO YOU AND FIND OUT WHAT NEIGHBORHOOD THAT IS. OKAY?

OKAY.

Thomas: ALSO ON YOUR F.T.E., AT THE BEGINNING OF YOUR PRESENTATION, YOU WERE TALKING ABOUT 33 F.T.E.s LONG RANGE PLANNING FROM CAMPO, YOU LOST ME THERE.

THE SLIDE INDICATES THAT CAMPO IS CONSIDERED PART OF OUR BUDGET. WE PROVIDE ADMINISTRATIVE SERVICES TO CAMPO. SO WHEN THEY DO THEIR HIRING AND FIRST AND THEIR BUDGETING AND THINGS OF THAT -- FIRING AND BUDGETING AND THAT SORT, THEY SIMPLY USE OUR ADMINISTRATIVE PROCESSES FOR THAT. SO OUR BUDGET HAPPENS TO SHOW THEIR 12 F.T.E.s AS PART OF OUR BUDGET, IT'S JUST PART OF OUR TOTAL. THERE ISN'T ANY OTHER ARRANGEMENT OTHER THAN THE FACT THAT WE ARE PROVIDING THAT ADMINISTRATIVE SERVICE. WE SHARE OFFICE FACILITIES WITH THEM, THEY SUBLEASE FROM THE OFFICE THAT I RENT. AND THAT SORT OF THING. BUT IT'S SIMPLY AN ADMINISTRATIVE CONVENIENCE FOR CAMPO.

Thomas: SO YOU ARE SAYING THAT'S USING THE SPACE AND -- BUT YOU ARE -- NOT ANY F.T.E.'S FOR CAMPO, RIGHT?

WELL, OUT OF THAT 33 THAT'S LISTED THERE, I THINK IT 12 BELONG TO CAMPO. THEY ARE NOT IN MY DEPARTMENT. BUT FOR THE BUDGET -- THE BUDGET THAT YOU ARE PRESENTED, PROVIDES TO YOU EVERYTHING THAT'S IN MY DEPARTMENT, INCLUDING THE PART THAT'S THE ADMINISTRATIVE SERVICE TO CAMPO.

Thomas: OKAY. SO YOU ANSWERED MY QUESTION, SO THAT CAMPO PERSONNEL -- OKAY. I UNDERSTAND WHAT YOU ARE SAYING. HOW MANY OF THE -- 12 AT CAMPO?

I BELIEVE IT'S 12, MAYBE 11. IT'S 11 OR 12.

OKAY.

WHY DON'T I CLARIFY THIS ON COUNCILMEMBER THOMAS. WE INCLUDE THE -- WE INCLUDE THE 12 POSITIONS FOR CAMPO AND IT'S INCLUDED IN OUR NUMBER OF POSITIONS, WE ARE REIMBURSED FOR THOSE ADMINISTRATIVE COSTS, IT JUST ALLOWS THEM TO USE OUR BUDGET SYSTEM. IF THOSE POSITIONS HAVE BUDGET NUMBERS THEY CAN BE RECRUITED AND RETAINED. IT JUST REALLY AN ADMINISTRATIVE PASS THROUGH, THAT'S WHY IT'S INCLUDED IN THE NUMBER.

THE REIMBURSED WHAT IS WHAT I WAS --

RIGHT.

THANK YOU.

Mayor Garcia: COUNCILMEMBER THOMAS, IS THAT ALL OF YOUR QUESTIONS?

Thomas: I'M THROUGH, SORRY.

Mayor Garcia: FURTHER QUESTIONS FOR MR. LIBRACH. I HAVE A COUPLE OR THREE QUESTIONS. ON PAGE 3, ON THE PERCENTAGE REDUCTION OF CORRIDOR TRAVEL TIME. WHY IS OUR GOAL SO LOW?

BASICALLY, ONCE WE MADE THE -- I'M GOING TO TRY TO ANSWER IT, BUT I WILL DEFER TO AUSTIN. THE INITIAL TRAFFIC TIMING OF THE NUMBER OF LIGHTS GIVE US AN 18% REDUCTION. THAT'S KIND OF THE SYSTEM-WIDE EFFICIENCY THAT WE GAINED BY THE TRAFFIC SIGNAL MEANING THE CORRIDOR FLOW TIME. BUT EACH TIME WE DO A GROUP OF SIGNALS, THE -- THE AVERAGE EFFICIENCY IS ABOUT 5%. THAT'S MY UNDERSTANDING OF IT. AUSTIN CAN --

Mayor Garcia: THE REASON THAT I ASK IS BECAUSE I NOTICED THAT ON THE TRAFFIC SYNCHRONIZATION, TRAFFIC LIGHT SINGIZATION, FROM ONE DAY TO THE NEXT IT'S DIFFERENT. ON THE SYNCHRONIZATION. SOMETIMES I CAN MAKE IT ALL THE WAY THROUGH FROM 51ST TO DOWNTOWN ON GUADALUPE WITHOUT ANY PROBLEM. SOMETIMES IT DOESN'T WORK THAT WAY. I HAVE TO STOP TWO OR THREE TIMES. I WAS WONDERING, IS THAT WHAT YOU WERE TALKING ABOUT, THE FACT THAT THE TIMING OF THIS -- OF THESE LIGHTS CHANGES OR --

WELL, THE TIMING DOES CHANGE, BUT IT SHOULDN'T CHANGE BACK AND FORTH. IT SHOULD -- IF IT'S DETERIORATING IT WILL CONTINUE TO DETERIORATE UNTIL WE FIX IT. SO THEY DO GET OUT OF TIMING. WHAT THE -- THE TIMING, OF COURSE, IS THAT THAT THEY ARE STAGED SO THAT A PLATOON OF CARS CAN MOVE THROUGH THE STREET AND CONTINUE ON DOWN THE STREET AND THE -- AND IT TURNS GREEN WITH THE SPEED LIMIT AS YOU ARE MOVING DOWN THE STREET. IF THEY ARE TIMED APPROPRIATELY. AND IF ONE OR TWO OF THEM GET OUT OF LINE OR IF YOU ARE IN THE REAR OF THE PLATOON, YOU CAN GET CAUGHT AT THE END AND HAVE TO STOP.

Slusher: I THINK HE'S SAYING YOU'RE SPEEDING. [ LAUGHTER ]

Mayor Garcia: I HAVEN'T BEEN IN THE ARMY, I WAS HOLDING THE REAR OF THE PLATOON.

Futrell: ANOTHER THING IS THAT AN EMERGENCY SERVICE VEHICLE CAN PRE-EMPT THE TIMING AND THERE'S A CERTAIN PERIOD OF TIME BEFORE THE SYNCING COMES BACK IN. IN FACT WHEN I WAS DOING A TRIAL RUN ON SOME OF THE SYNCED STREETS, WHEN WE CAME TO ONE, WE CALLED AHEAD, SURE ENOUGH IT HAD BEEN PRE-EMPTED FIVE MINUTES BEFORE BY AN EMERGENCY SERVICE VEHICLE. THERE'S CERTAIN OTHER THINGS THAT CAN ALSO CAUSE YOU TO GET CAUGHT.

THAT'S CORRECT.

Mayor Garcia: ON PAGE 5 ON THE NUMBER OF DAYS AUSTIN EXCEEDED THE OZONE STANDARDS, ARE WE NOW OFFICIALLY IN A NON-ATTAINMENT CITY -- YOU KNOW, AS IN REGARDS TO THE CLEAN AIR ACT? HOW MANY DAYS DO WE HAVE TO EXCEED IT TO BE IN VIOLATION OF THE CLEAN AIR ACT?

NO, WE ARE NOT. UNDER THE -- UNDER THE 8 HOUR STANDARD WE ARE NOT. THERE I ALSO A ONE HOUR STANDARD AND ONCE THE ONE HOUR STANDARD IS PUT INTO EFFECT, AND WE ARE MEASURED AGAINST IT, THEN BASED ON -- ON THE NUMBER OF -- EXCEEDENCES IN 1999, IF THAT -- IF -- USING THOSE NUMBERS, IF THEY ARE STILL IN EFFECT WHEN WE PUT UNDER THAT STANDARD, THEN WE WOULD BE IN VIOLATION. BUT WE ARE IN A -- WE ARE IN A TRANSITION PERIOD WHERE E.P.A. HAS TWO STANDARDS THAT -- THAT ARE OUT THERE. THE FIRST IS THE OLD ONE THAT'S BEEN OUT THERE, THE -- I THINK THE EIGHT HOUR STANDARD AND THE ONE HOUR STANDARD IS ONE THAT THEY HAVE TRIED TO PUT IN PLACE, BUT IT HAS BEEN BLOCKED IN THE COURTS FOR SOME TIME AND IS NOW GETTING THROUGH THAT PROCESS AND WILL BE PUT IN PLACE SHORTLY, I BELIEVE.

Mayor Garcia: IF WE -- IF THE ONE HOUR STANDARD WAS IN PLACE, WOULD WE BE IN VIOLATION OF THE CLEAN AIR ACT?

I BELIEVE WE WOULD, YES.

NUMBER OF EXCEEDENCES?

YES, I BELIEVE THAT'S CORRECT. THERE IS A PERIOD OF TIME AFTER WHICH -- IT'S A ROLLING NUMBER OF YEARS, I GUESS A THREE YEAR AVERAGE. SO AFTER A PERIOD OF TIME THE 1999 NUMBER FALLS AWAY, YOU ARE DEALING WITH NEWER NUMBERS.

Mayor Garcia: OKAY. WE PUT IN THE '03 FLEX PLAN, I THINK THAT THAT HAS BEEN SUBMITTED TO TNRCC AND FROM THERE TO --

THAT'S CORRECT.

Mayor Garcia: TO E.P.A. COUNCILMEMBER SLUSHER WAS TELLING ME THAT DENVER WAS A CITY THAT WAS NON-ATTAINMENT AND AFTER 15 YEARS OF DOING SOMETHING, THEY ARE NOW CLEAN AIR CITY. ARE WE USING ANY OF THAT MODEL TO GET US BACK? WHAT DID THEY DO RIGHT OR -- THAT GOT --

WE ARE AWARE OF -- WELL AWARE OF THE PROGRESS THAT HAS BEEN MADE BY DEN DENVER AND OTHER CITIES AROUND THE COUNTRY. WE ARE USING SOME OF THE TECHS THAT ARE BEING USED IN THOSE -- OF THE TECHNIQUES THAT ARE BEING USED. SOME OF THOSE TECHNIQUES, THEY ARE UNDER -- THEY ARE DOING THINGS BECAUSE THEY ARE REQUIRED TO DO THINGS THAT WE AREN'T DOING HERE. LIKE THERE'S -- THERE'S INSPECTION AND MAINTENANCE PROGRAMS ON CARS, THAT WE DON'T DO. THERE ARE -- THE BEVEL THAT'S ON THE END OF THE NOSEZEL THAT -- NOZEL THAT COLLECTS FUMES WHEN YOU PUMP AT THE GAS STATION, WE DON'T DO THAT HERE.

Mayor Garcia: DOES THAT REQUIRE A STATE LAW?

THE STATE HAS TO ALLOW US TO DO IT. WE CAN'T JUST DO IT ON OUR OWN. IT HAS TO BE IN THE STATE PLAN SO THE STATE HAS TO ALLOW IT TO HAPPEN.

Mayor Garcia: THE REASON I SAY THAT, BECAUSE AT A TRANSPORTATION SUMMIT THAT THEY HAD IN IRVING LAST WEEK, THEY HAD SEVERAL LEGISLATORS THERE, RESPONDING TO WHAT IS A MOVEMENT TO GET MORE ROADS BUILT. AND ONE OF THE MORE INFLUENTIAL MEMBERS OF THE LEGISLATURE, REPRESENTATIVE WARREN CHISOLM FROM PAMPA, A REPUBLICAN FROM PAMPA, SAID THAT IN THIS SESSION OF THE LEGISLATURE HE DIDN'T THINK GIVEN THE SHORTFALLS THAT THEY HAVE, HE DIDN'T THINK THERE WAS GOING TO BE ANY MONEY FOR ROADS. PLUS THE FACT THAT THIS SESSION HE THOUGHT WAS GOING TO BE DEDICATED TO ADDRESSING THE ISSUES OF THE CLEAN AIR ACT. SO I THINK AS PART OF OUR LEGISLATIVE PROGRAM, WE OUGHT TO WORK WITH PML AND OTHER CITIES, DALLAS IS AN EXAMPLE, A WEEK AND A HALF AGO, THE OZONE LEVEL WAS AT 150. I MEAN, THEY ARE HAVING SOME REAL PROBLEMS. IF THERE'S ANYTHING THAT DALLAS IS KNOWN FOR, IT'S FOR HAVING ROADS. AN ENORMOUS AMOUNT OF ROADS AND STILL THEIR OZONE LEVELS ARE CLIMBING. SO OBVIOUSLY THERE'S SOME OTHER THINGS THAT NEED TO BE DONE AND I HOPE THAT WE INCLUDE THAT AS PART OF OUR LEGISLATIVE PACKAGE. AND WORK WITH OTHER CITIES TO -- TO TRY TO PUT IN PLACE SOME OF THOSE THINGS. ALLOW CITIES TO DO THAT, YOU KNOW, THAT WE DON'T HAVE TO BE MANDATED THAT WE COULD DO IT BY ORDINANCE IN CITIES THAT ARE WILLING TO DO THAT. ON PAGE 8, ON THE TRAFFIC CALMING, IS EVERYBODY OKAY NOW WITH HOW WE ARE PRIORITIZING? I STILL GET SOME E-MAILS FROM TIME TO TIME AND CALLS SAYING I APPLIED BUT I DIDN'T GET IT. DO YOU THINK THE CITY, PEOPLE IN THE CITY KNOW HOW TO GO ABOUT APPLYING AND ARE THEY SATISFIED THAT -- THAT THEY ARE -- THAT THE PRIORITY ORDER THAT WE ARE USING IT -- IS FAIR AND EQUITABLE?

MAYOR, I'M NOT SURE IF THE COMMUNITY -- HOW 12 ABOUT WHETHER IT'S FAIR AND EQUITABLE. WE HAVE A LONG LIST OF NEIGHBORHOODS THAT ARE INTERESTED IN TRAFFIC CALMING AND -- AND THEY UNDERSTAND THAT -- THAT THERE IS A PRIORITY SYSTEM AND WE HAVE USED IT IN THE PAST. I HAVEN'T HEARD THAT THERE'S ANY CONCERNS ABOUT IT. I THINK THE KEY CONCERN IS THERE'S SIMPLY -- THERE ISN'T ENOUGH RESOURCES TO COVER THE -- THE DEMAND THAT SEEMS TO BE OUT THERE TO DO TRAFFIC CALMING.

MANY OF THE COMPLAINTS THAT YOU HEAR HAVE TO DO WITH THE WAITING TIME. BECAUSE THERE IS A VERY LARGE NUMBER OF NEIGHBORHOODS THAT ARE INTERESTED IN TRAFFIC CALMING. I THINK WHEN YOU ARE IN YOUR NEIGHBORHOOD AND YOU FEEL A NEIGHBORHOOD TRAFFIC PROBLEM, IT FEELS LIKE THE WORST PROBLEM TO YOU BECAUSE THAT'S THE UNTHAT YOU SEE IN YOUR NEIGHBORHOOD. AND -- THE ONE THAT YOU SEE IN YOUR NEIGHBORHOOD. AUSTEN'S SHOP HAS THE VERY DIFFICULT JOB OF TRYING TO PUT SOME CRITERIA TO THAT IN ORDER TO TRIAGE WHAT WE CAN DO. I THINK THAT'S AN ISSUE OF THE BACKLOG OF SUPPLY AND DEMAND. BUT THIS BUDGET DOES ADD NEW MONEY FOR TRAFFIC CALMING. IT ALLOWS US TO SELECT AT LEAST ONE NEW NEIGHBORHOOD AND COMPLETE THOSE THAT RAN OUT OF FUNDING. SO -- SO THAT'S A STEP FROM LAST YEAR.

Mayor Garcia: OKAY. ON PAGE 10, ON THE SYNCHRONIZATION, ABOUT WHAT PERCENTAGE OF THE CITY WOULD YOU SAY AUSTIN IS NOW PRETTY WELL HAS SYNCHRONIZED LIGHTS, WHAT PERCENTAGE OF -- OR ARE WE ALONE ON THIS PATH TO SYNCHRONIZATION?

WHEW, I WILL BE GUESSING, MAYBE, IF I GAVE YOU A NUMBER.

Mayor Garcia: JUST A BALLPARK.

I WOULD SAY, FIRST OF ALL, I WOULD HAVE TO SAY THAT MOST OF THE CITY IS NOT GOING TO BE SYNCHRONIZED. SYNCHRONIZATION CAN ONLY WORK ON CERTAIN STREETS BECAUSE --

Mayor Garcia: SURE, THAT'S WHAT WE ARE TALKING ABOUT, STREETS THAT MOVE PEOPLE.

YEAH. MY GUESS IS -- I'M GOING TO GUESS 25, 30%. BUT I'LL -- I'LL GET MY STAFF TO LOOK AT THIS FURTHER AND GET YOU A BETTER ANALYSIS OF THAT.

Mayor Garcia: SURE. AT CAMPO, YOU KNOW, THEY ALWAYS TALK ABOUT, YOU KNOW, WHERE THE CITY IS AND HOW -- HOW IDLING AFFECTS OUR AIR QUALITY, ALL OF THOSE OTHER THINGS. FURTHER QUESTIONS? MAYOR PRO TEM?

Goodman: THANKS, MAYOR. ACTUALLY IT'S A FOLLOW-UP ON SOMETHING THAT YOU SAID THAT REMINDED ME OF TWO THINGS. MAYBE I SHOULD HAVE ASK PETER THIS YESTERDAY. BUT MAYBE IT'S AN AUSTEN QUESTION. ON THE HEAT ISLAND MITIGATION PROJECT, SOME OF THE RESEARCH THAT WAS BEING DONE, I THINK, WAS ABOUT LESS HEAT ABSORBENT PAVING OR TOPPING OUR CEILING AND WHERE ARE WE ON THAT? IS THAT IN THIS BUDGET AT ALL? HAS ENOUGH RESEARCH BEEN DONE AND WE KNOW WHAT THE THAT WE WANT TO DO AND WHAT THE COSTS WOULD BE AND --

THERE IS CERTAINLY WORKING DONE ON HEAT ISLAND EFFECT ISSUES, THERE WAS SOME MONEY IN THIS QUEER'S BUDGET FOR THAT. -- IN THIS YEAR'S BUDGET FOR THAT. I WOULD HAVE TO ASK STAFF, FRED BLOOD, PERHAPS PETER, WHERE WE ARE ON THAT KIND OF AN ISSUE. I DON'T HAVE AN ANSWER FOR YOU, I CAN GET THAT FOR YOU.

THE OTHER THING IS ABOUT TRAFFIC CALMING. DO WE HAVE OR COULD WE HAVE SOME KIND OF INVENTORY AND ANALYSIS OF ALL OF THE STREETS THAT WE HAVE INSTITUTED TRAFFIC CALMING MEASURES AND THOSE THAT ARE PLEADING FOR IT. AND TRY TO CORRELATE ALL OF THE COMMON FACTORS DESTINATION, CLOSE TO DESTINATIONS -- CLUSTER DESTINATIONS PERHAPS OR CONGESTED INTERSECTIONS PERHAPS WITH THE STREET DESIGNATION OF STREET, IS IT POSSIBLE TO HAVE THAT FROM ALL OF THE ONES THAT WE HAVE DONE OR COULD WE AT LEAST START IT NOW?

THAT SOUNDS LIKE A BIT OF A PROJECT. WE CERTAINLY HAVE THE INVENTORY OF THE LIST OF THOSE THAT WE HAVE DONE AND -- THAT ARE WAITING TO BE DONE AND WE CAN TAKE A -- TAKE A LOOK AT WHAT WE MIGHT BE ABLE TO DO TO DO SOME CORRELATIONS. IT MIGHT BE MORE KIND OF A G.I.S. SORT OF MAP STUDY TO GET AT WHAT YOU ARE ASKING FOR, IT MIGHT TAKE US A WHILE, BUT I THINK WE COULD DO THAT.

Futrell: MAYOR PRO TEM, I ALSO THINK WE COULD GET YOU WHAT WE ALREADY KNOW ARE SOME OF THE COMMON HINGES THAT CAUSE A NEIGHBORHOOD TO ASK FOR TRAFFIC CALMING. CUT-THROUGH TRAFFIC, WHAT CAUSES THE CUT-THROUGH TRAFFIC THAT BEGINS TO HAVE A NEIGHBORHOOD SEEM MORE -- SEEING MORE CARS MOVING FASTER. FOR EXAMPLE, NORTHWEST ALL OF THE CONSTRUCTION THAT'S HAPPENING ON 183 AND OTHER STREETS WHICH ARE REQUIRING PEOPLE TO TRY TO AVOID THOSE GOING THROUGH THE NEIGHBORHOOD. WE COULD GIVE YOU CATEGORIES OF THINGS THAT WE KNOW QUICKLY.

Goodman: OH, YEAH. THAT WAS PART OF WHAT I WAS THINKING OF. AS WELL AS WHY THE CHOICE OF PARTICULAR NEIGHBORHOOD STREETS.

Futrell: ALSO THE CRITERIA THAT WE USE TO SELECT AND PRIORITIZE NEIGHBORHOODS.

Goodman: WHAT IS ATTRACTING THEM TO WHAT STREETS.

WHY ARE THE DRIVERS SELECTING CERTAIN STREETS TO -- TO CUT THROUGH?

Goodman: YEAH.

Mayor Garcia: COUNCILMEMBER -- LET ME SEE IF THE MAYOR PRO TEM IS FINISHED?

Goodman: THAT'S GOOD ENOUGH.

Mayor Garcia: COUNCILMEMBER DUNKERLY?

Dunkerly: I THINK IN THIS ISSUE, TOO, I WOULD LIKE TO HAVE THE CITY MANAGER CONTINUE TO MONITOR THE IMPACT OF WHAT TEXDOT DOES ON I-35 BECAUSE THAT IS GOING TO HAVE A LOT OF IMPACT UP AND DOWN AFFECTING MANY NEIGHBORHOODS. I THINK THAT TO THE EXTENT WE CAN WORK WITH THEM AND WITH THE NEIGHBORHOODS AND BE PROACTIVE IN TRYING TO FORESEE SOME OF THESE THINGS AND IT MAY BE A COMBINATION OF TRAFFIC CALMING AND OTHER DEVICES THAT CAN HELP NEIGHBORHOODS AS THEY ARE AFFECTED AND CHANGED BY THESE POTENTIAL CHANGES ON THAT MAJOR THOROUGHFARE.

Futrell: THAT'S A REALLY GOOD POINT BECAUSE OVER THE NEXT FIVE TO 10 YEARS, ALL OF THE HIGHWAY CONSTRUCTION THAT'S GOING TO OCCUR IS DEFINITIVE, GOING TO AFFECT CUT-THROUGH TRAFFIC FOR NEIGHBORHOODS, WE CAN ADD THAT TO THE ANALYSIS.

IF THERE'S SOME SPECIFIC QUESTIONS OR INPUT THAT YOU WANT US TO ADDRESS, WE HAVE A MONTHLY MEETING THAT I HAVE WITH THE TEXDOT OFFICIALS WITH THE TRANSPORTATION STAFF, WE MEET WITH THEM AND WE GO OVER PLANNED PROJECTS AND THESE ARE VERY -- I MEAN FUTURE PROJECTS, EXPANDING LANES, CHANGING THEM, ADDRESSING SOME OF THE ISSUES THAT HAVE BEEN CAUSED BY I-35. BUT WE DO HAVE THAT MONTHLY MEETING WITH THE HIGH LEVEL STAFF AT TEXDOT FOR YOUR INFORMATION.

Dunkerly: IF I COULD ADD SOMETHING TO THAT. I REALLY APPRECIATE THAT. I HAD CHECK AND I KNEW THAT YOU DID. WE NEED TO HAVE SOME CONNECTION WITH THAT INFORMATION GETTING THAT BACK TO THE NEIGHBORHOODS, LETTING THEM HAVE SOME -- THEIR CONCERNS ADDRESSED DURING THE PROCESS. I'M NOT QUITE SURE HOW TO DO THAT. BUT I THINK THAT'S ONE THING THAT YOU NEED TO DO.

ACTUALLY, WE HAVE A LOT OF TOOLS THAT WE CAN USE OR BETTER USE, EVERYTHING FROM OUR WEB PAGE TO OUR NEIGHBORHOOD FUSE LETTER THAT GOES OUT WHERE WE CAN OPEN UP A DIFFERENT DIALOGUE AND GIVE A DIFFERENT AMOUNT OF NOTICE TO NEIGHBORHOODS ABOUT WHAT THEY CAN EXPECT, WHAT'S ABOUT TO HAPPEN AROUND THEIR AREA. WE WILL WORK ON BOTH -- DOING THE ANALYSIS FOR YOU, AS WELL AS AN ACTION PLAN. WHAT ARE OUR STEPS, WHAT ARE WE ALREADY PLANNING ON DOING AND SEE IF WE CAN AUGMENT THAT.

Mayor Garcia: COUNCILMEMBER THOMAS?

Thomas: ONE MORE QUESTION, THEN I GUESS THAT I WILL LEAVE TRAFFIC CALMING ALONE. THE FUNDING, WE GOT $500,000, IS THERE ANY WAY THAT WE CAN -- ON THE CAPITAL METRO FUNDING, THE -- THE 1/4TH CENT, CAN WE TAKE ANY MORE -- HAS ANY OF THAT MONEY EVER BEEN PUT TOWARD TRAFFIC CALMING? CAPITAL METRO?

NO. I DON'T -- I DON'T BELIEVE SO, COUNCILMEMBER. I THINK -- I THINK WHAT WE WOULD NEED TO DO IS GO BACK TO THE CRITERIA FOR THE QUARTER CENT AND -- AND BY AND LARGE WHAT CAPITAL METRO IS SAYING IS THAT THEY WANT TO HAVE THOSE FUNDS SPENT ON -- THOSE ROADS THAT HAVE BUS ROUTES OR THAT HAVE -- THAT ARE TRANSIT RELATED. IT'S POSSIBLE WE COULD -- WE COULD TALK TO CAPITAL METRO, CERTAINLY YOU ARE A MEMBER, WE COULD SEE IF THIS IS SOMETHING THAT THEY WOULD BE WILLING TO ACCEPT, BUT WE HAVE NOT DONE IT IN THE PAST.

I THINK SOME OF THE NEIGHBORHOODS, CAPITAL METRO ROUTES ON ON THOSE AREAS. SO THAT'S WHAT I AM -- WHAT I AM --

AND, WELL, FOR THE BUS ROUTES, THEY HAVE SAID, YES, YOU CAN SPEND THE MAINTENANCE AND RECONSTRUCTION MONEY AND WE HAVE THERE FOR THE QUARTER CENT ON THE BUS ROUTES, YOU CAN SPEND IT ON -- ON NEW ROADS THAT ARE GOING TO HAVE BUS ROUTES, ALL OF THOSE KINDS OF THINGS THAT A ARE IN THE -- THAT ARE IN THE LIST THAT YOU WILL BE CONSIDERING THIS AFTERNOON, THEY HAVE SAID, YEAH, THAT FITS THE CRITERIA. I'M NOT SURE WHETHER THE TRAFFIC CALMING WOULD.

WE CAN BEGIN THE DIALOGUE WITH THEM AND SEE WHAT POSSIBILITIES THERE ARE THAT WOULD BE -- FOR THAT ISSUE.

Thomas: OKAY, THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR MR. LIBRACH OR MS. GORDON? THANK YOU VERY MUCH.

THANK YOU.

Slusher: WELL, MAYOR, I DID WANT TO BACK UP WHAT YOU SAID ABOUT THE -- ABOUT THE AIR, CLEAN AIR PROGRAMS. I THINK AT THE LEGISLATIVE SUBCOMMITTEE WE COULD TAKE YOUR SUGGESTION, TRY TO LOOK AT IF IT THE STATE THAT HAS TO ALLOW TO YOU DO SOME OF THESE METHODS, WHAT WERE YOU TALKING ABOUT MR. LIBRACH, THE BEVELS --

I THINK IT WAS THE WRONG WORD, BUT YES I SAID BEVELS.

Slusher: I DON'T KNOW WHAT YOU CALL THEM, EITHER.

IT'S THE COLLAR THAT'S FOR STAGE 3, WHAT'S CALLED STAGE 3 VAPOR RECOVERY. IT'S A COLLAR THAT FITS OVER THE NOZEL SO THAT THE NAPE IMPORTANTS DON'T ESCAPE.

Slusher: RIGHT, I HAVE SEEN THOSE IN HOUSTON, I GUESS. BUT MY UNDERSTANDING IS THAT HAS TO BE APPROVED BY -- IS IT STATE OR DO YOU HAVE TO BE IN NON-ATTAINMENT TO BE ABLE TO USE THOSE OR JUST HAVE THE STATE APPROVE IT? WHETHER OR NOT YOU ARE IN NON-ATTAINMENT?

I'M NOT SURE THE ANSWER TO THAT. I THINK TYPICALLY IN THE PAST IT HAS BEEN THAT THE STATE HAS TO APPROVE IT. AND THEY ARE NOT -- IN THEIR PLAN. YOU DON'T HAVE A PLAN UNLESS YOU ARE IN NON-ATTAINMENT. THEY DON'T GET THERE AND THEY DON'T TEND TO ALLOW YOU TO DO THOSE THINGS. BUT I DON'T KNOW THAT WE HAVE -- THAT WE HAVE ACTUALLY OR ANYBODY ELSE HAS ASKED FOR PERMISSION TO DO MEASURES IN ADVANCE --

Slusher: OKAY. WELL, I WOULD SAY LET'S EXPLORE THAT TO ME THAT'S NOT REALLY LOGICAL THAT YOU HAVE TO REACH THE POINT OF NON-ATTAINMENT BEFORE YOU CAN USE SOME MEASURES TO CLEAN UP YOUR AIR, THAT'S NEVER MADE SENSE TO ME. SO IF WE CAN -- IF IT'S A MATTER OF JUST GETTING THE LEGISLATURE TO LET US DO IT, THEN -- THEN I -- I WOULD BE WILLING TO TRY TO DO THAT.

YES, SIR. THAT IS THE POINT OF THE 03 FLEX PLAN, WE ARE THE FIRST CITY IN THE UNITED STATES I THINK, THE FIRST REGION TO BEGIN TO PREPARE FOR THE POSSIBILITY OF BEING A NON-AT OBTAINMENT WITH AN 03 FLEX PLAN THAT ALLOWS US TO DO MEASURES SANCTIONED BY THE STATE AND E.P.A.

MAYOR, I'M GOING TO BE DOING MORE READING ON DENVER, I VICE-PRESIDENT LOOKED AT THAT EXTENSIVELY TO SEE WHAT ELSE WE MIGHT BE ABLE TO TAKE FROM THEIR EFFORTS.

Futrell: THE TWO NOTES THAT I WROTE DOWN, COUNCILMEMBER, WAS, ONE, TO SEE WHAT CAN WE DO ON OUR OWN, CAN WE REQUIRE THE VAPOR RECAPTURE DEVICES IF WE ARE NOT IN NON-ATTAINMENT. AND, TWO, IF THAT TURNS OUT TO BE THE CASE WHERE WE HAVE TO HAVE STATE APPROVAL ADDING IT INTO OUR LEGISLATIVE PACKAGE.

Slusher: OKAY. SOUNDS GOOD. FURTHER QUESTIONS FOR MR. L.B.J. [OR MS. GORDON, IF NOT THANK YOU VERY MUCH, THE NEXT ONE IS --

Futrell: WATERSHED PROTECTION AND DEVELOPMENT REVIEW, THIS WILL BE THE LAST OF THE PRESENTATIONS FOR THIS WEEK. REQUEST MORNING, AGAIN, LISA GORDON, ASSISTANT CITY MANAGER, HERE WITH ME IS HIKE MITES, DIRECTOR OF WATERSHED PROTECTION, IMMEDIATELY SEATED HYPED US ARE THE ASSISTANT DIRECTOR, JOE PATALLION, JODY HAMILTON, DIVISION MANAGER AND, ANTHONY BRIER AND DIANE HARRISON WITH I.S.S. WHO ARE FINANCIAL ANALYSTS. THE BUDGET CAN BE FOUND ON -- IN VOLUME 1, I DON'T HAVE THE PAGE HERE. I WILL GET THAT FOR YOU. BUT -- BUT IT'S IN MY NOTES. GOING TO THE COMMUNITY SCORE CARD, THE SLIDE REFLECTS THE CITIZENS SURVEY FOR THE DEPARTMENT, CITIZENS RATE INSPECTION AND REVIEW SERVICES AT 59% IN PRIORITY AND RELATED TO OTHER GOVERNMENTAL SERVICES AND IN 2002 OUR SAMPLE DID NOT HAVE ENOUGH PEOPLE THAT HAD GONE THROUGH THAT PORTION OF THE REVIEW PROCESS TO GIVE A SATISFACTION NUMBER THAT WAS STATISTICALLY SOUND. SO WE DON'T HAVE THAT NUMBER, BUT WE ARE LOOKING AT OTHER WAYS TO TRACK THAT INFORMATION. IN TERMS OF -- IN TERMS OF LAKE AND STREAM WATER QUALITY, THAT WAS RATED AT 84% IN TERMS OF PRIORITY. AND AGAIN, SATISFACTION WAS NOT LISTED. OH, ACTUALLY 76%. EXCUSE ME. ON THE NEXT CHART, YOU COULD SEE OUR DRAINAGE AREA ACRES WITH IMPROVED WATER QUALITY AND THIS IS FROM WATER CONTROL STRUCTURES. THE CHART REFLECTS THE TOTAL NUMBER OF ACRES IN THE CITY WITH IMPROVED WATER QUALITY FOR PUBLICLY FUNDED STRUCTURAL CONTROLS, IT'S CUMULATIVE SINCE THE INCEPTION OF OUR PROGRAM. THE FISCAL 2002 ESTIMATE IS 4,559 ACRES THAT HAVE BEEN TREATED AND REACHED. THIS IS LOWER THAN THE BUDGET DUE TO THE NEED TO DELAY ONE PROJECT, WHICH IS THE BETTY COOK REMEDIATION POND PROJECT. THIS WAS DONE IN ORDER TO COORDINATE WITH THE WATER AND WASTEWATER PROJECT AND TO HAVE SOME EFFICIENCIES. THE PROJECT WILL BE COMPLETED IN FY 2003. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] THE LAST CHART THAT I WILL PRESENT IS THE CYCLE TIMES, AS YOU KNOW, IN ORDER TO MEET THE BUSINESS NEEDS OF OUR CUSTOMERS, ONE OF THE PRIMARY GOALS OF THE DEPARTMENT IS TO REDUCE -- REDUCE THE LENGTH OF TIME REQUIRED TO REVIEW VARIOUS DEVELOPMENT APPLICATIONS. THIS IS MEASURED THROUGH CYCLE TIME. WHICH IS THE NUMBER OF DAYS FROM INITIAL APPLICATION TO FINAL IMPROVEMENT. WE HAVE CONTINUOUSLY IMPROVED THIS MEASURE BUT WE KNOW WE HAVE ROOM TO GROW. THE AVERAGE CYCLE TIME WAS 205 DAYS FOR SUBDIVISIONS AND 180 DAYS FOR SITE PLANS IN THE 1997 TO 1998 PERIOD. THIS HAS GONE DOWN TO 140 DAYS AND 128 DAYS IN THE 2001 TO 2002 PERIOD. THIS REPRESENTS A 32% DECREASE IN CYCLE TIMES FOR SUBDIVISIONS AND 29% DECREASE FOR SITE PLANS. CYCLE TIME IS THE TIME REQUIRED FOR THE STAFF TO REVIEW THE APPLICATIONS AND THE TIME REQUIRED FOR THE APPLICANTCANTS TO PROVIDE ADDITIONAL INFORMATION AND RESPOND. THE DEPARTMENT'S ABILITY TO MEET ITS 120 DAY CYCLE IS A COMBINATION OF BOTH OF THOSE EFFORTS. THE CITY HAS BEEN FOCUSING ON OUR PROCESS IMPROVEMENTS TO REDUCE OUR TIME, BUT WE ARE ALSO WORKING WITH THE APPLICANTS TO REDUCE THEIR TIME. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] (TIME: 11:02 A.M.)

THE NET RESULT OF THESE INCREASES IS ADDITIONAL REVENUE OF $5,059,226. INCREASED REVENUES IS EXPECTED IN DEVELOPMENT FEES, INTEREST INCOME AND PROPERTY TAX. THE NET RESULT OF THESE DECREASES IS REDUCED REVENUE OF $627,925. OVERALL GENERAL FUND REVENUES ARE EXPECTED TO BE FLAT COMPARED WITH CURRENT YEAR, WHICH IS DOWN BY $1.9 MILLION DUE TO A CONTINUED DROP IN COMMERCIAL AND MULTI-FAMILY DEVELOPMENT CONSTRUCTION ACTIVITIES. THE PROPOSED USE OF THE FUND INCLUDE THE FOLLOWING HIGHLIGHTS: AN INCREASE IN EXPENSE REFUNDS FOR SMART HOUSING REVIEW TEAM AND THE AUSTIN CLEAN WATER PROGRAM FOR $750,000, THE REALLOCATION OF STAFF TO MAINTENANCE CREW AS WELL AS FUNDING FOR A THIRD POND MAINTENANCE CREW TO BE PLACED IN THE DRAINAGE UTILITY FUND, THE INCREASE IN TRANSFER TO THE DRAINAGE CAPITAL IMPROVEMENT PROJECTS OF $1,475,000 WILL BE -- EXCUSE ME, WILL PROVIDE FUNDING FOR ADDITIONAL MASTER PLAN PROJECTS, WHICH WILL BE A TOTAL OF $3.8 MILLION. AS PART OF OUR SECOND YEAR PLAN TO IMPROVE THE DEVELOPMENT PROCESS, WE PURPOSELY LEFT POSITIONS VACANT. IN THIS BUDGET THERE IS THE ELIMINATION OF NINE VACANT F.T.E. POSITIONS IN THE GENERAL FUND FOR $383,746. THE DEPARTMENT HAS THREE GOALS, TO ENSURE THAT THE DEVELOPMENT IS IN COMPLIANCE WITH REGULATIONS IN AN EFFICIENT AND EFFECTIVE MANNER. TWO, TO PROTECT LIVES, PROPERTY AND THE ENVIRONMENT FROM THE IMPACT OF FLOODING, EROSION AND WATER POLLUTION BY MAINTAINING AND IMPROVING WATER QUALITY, BY REDUCING FLOOD AND EROSION IMPACTS TO LIFE AND PROPERTY, AND TO -- AND BY IMPROVING MAINTENANCE OF DRAINAGE INFRASTRUCTURE. AND THIRD, TO MEET OR EXCEED ALL LOCAL,TATE AND FEDERAL PERMIT AND REGULATORY REQUIREMENTS. THIS SLIDE REFLECTS THE NUMBER OF PROPERTIES RECEIVINGROM FLOOD AND EROSION. THESEOTALS VARY BY YEAR DEPENDING ON TCUR PROJECTS. THIS MEASURE IN PT REFLECTS THE DEPARTM SPONSE TO EVENTS IN THE LAST FEW YEARS SO ACTUAL PERFORMANCE AND ESTIMATES T DATE EXCEED THE . THE PROPOSE NORMAL ACTIVITY LEVEL BASED ON TYPICAL YEAR RAINFALL. THIS SLIDE REFLECTS TRACTS -- THE ONE-TIME RESPONSE OF STAFF TO COTE REVIEWS OF SITE PLANS, SUBDIVISIONLATS AND RESIDENTIAL ZONING PLANS WITH CODE MANDATED TIME THIS AREA ASSURES THE DEVELOPMENT COMMUNITY REDUCED OVERALL CYCLE TIME FOR PLAN AND PLAT APPROVALS. FISCAL YEAR '03 TARGET PERCENTAGE IS SLIGHTLY LOWER THAN CURRENT YEAR ESTIMATES DUE TO THE NEED TO HAVE EXPERIENCED STAFF TRAIN NEW STAFF TO MEET DEADLINES ESTABLISHED BY SMART HOUSING AND THE AUSTIN QUALITY CLEAN WATER PROGRAM.4 REQUEST OF SERVICE. RESIDENTIAL AND COMMERCIAL INSPECTIONS INCLUDE ENERGY, BUILDING, MECHANICAL, PLUMBING AND ELECTRICAL. DURING FISCAL YEAR '03, THE DEPARTMENT IS PROJECTED TO PROVIDE 90% OF BUILDING PERMITS INSPECTIONS WITHIN 24 HOURS. THIS IS A CORRECTION TO THE PROPOSED DOCUMENT ON PAGE 186 IN VOLUME 1 AND PAGE 129 IN THE POLICY BUDGET WHICH INCORRECTLY STATES 80% ON TIME INSPECTIONS. DUE TO THE LOSS OF EXPERIENCED INSPECTORS TO RETIREMENT, THE DEPARTMENT PROJECTS HAVE LOST SOME EFFICIENCIES. THE DEPARTMENT WILL CONTINUE TO USE AVAILABLE OVERTIME AND SUPERVISORS TO PROVIDE THESE INSPECTIONS WITHIN THE 90% ON TIME FINALLY, THIS SLIDE DETAILS THE $11.8 MILLION OF NEW APPROPRIATIONS IN THE DEPARTMENT'S CAPITAL IMPROVEMENTS PLANS. POINTS OF NOTE ARE, WE ARE ADDRESSING FLOODING IN SEVERAL WATERSHEDS, INCLUDING THE WILLIAMSON CREEK AND JOHNSON CREEK WAWRDS AND ARE CONTINUING HOME BUYOUTS IN THE ONION CREEK WATERSHEDS. WE ARE PROPOSING PROJECTS IN THE BOGGY CREEK, WEST BOULDIN WATERSHEDS. FOR THE FIRST TIME FUNDING IS INCLUDED IN THE 2003 CAPITAL BUDGET FOR THE INSTALLATION OF AUTOMATED LOW WATER CROSSING GATES TO BE STRATEGICALLY LOCATED IN AREAS THAT EXPERIENCE HIGH FLOODING. AND THAT'S IN EIGHT DIFFERENT LOCATIONS. AERIAL MAPPING OF THE CITY IS INCLUDED IN THE FISCAL YEAR 2003 CAPITAL BUDGET. THIS HIGH RESOLUTION MAPPING IS AN IMPORTANT TOOL FOR ENVIRONMENTAL PLANNING AND MANAGEMENT, INFRASTRUCTURE MANAGEMENT AND DEVELOPMENT. PUBLIC SAFETY, MAPPING AND OTHER CRITICAL LAND USE AND ANALYSIS FUNCTIONS. THE DEVELOPMENT ASSISTANCE CENTER RESEARCH -- EXCUSE ME, THE DEVELOPMENT ASSISTANCE CENTER RESEARCH CONTINUES TO USE E-MAIL TO SEND PLAN INFORMATION TO THE PRINTING COMPANY INSTEAD OF HAND DELIVERY AND PICKUP BY CITY STAFF. THE DEVELOPMENT ASSISTANCE CENTER CURRENTLY HAS APPROXIMATELY 3,500 BOXES OF RECORDS STORED WITH THE CITY CLERK'S OFFICE. WE WILL BE MOVING TO A BAR CODE, SIMILAR TO WHAT YOU SEE WITH FED EX, TO SAVE COUNTLESS HOURS OF STAFF TIME TO DO PHYSICAL SEARCHES FOR SPECIFIC RECORDS. THE DEPARTMENT WILL BE INVESTIGATING OTHER PROCESS IMPROVEMENTS THROUGHOUT THE COMING YEAR. THE DEPARTMENT WILL CONTINUE THE IMPROVEMENTS TO THE DEVELOPMENT PROCESSES MADE IN THE PAST YEAR WITH THE REORGANIZATION OF THE DEVELOPMENT ASSISTANCE CENTER, THE CREATION OF THE TECHNICAL ASSISTANCE AND SERVICE CENTER AND THE REALIGNMENT OF OUR REVIEW TEAM. MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, THAT CONCLUDES MY PRESENTATION.

Mayor Garcia: THANK YOU, MR. HITES. QUESTIONS? COUNCILMEMBER WYNN.

Wynn: THANK YOU, MAYOR. MR. HITES, WE KNOW THE FINANCIAL BURDEN THAT YOUR DEPARTMENT IS STRUGGLING WITH AND JUST KNOWING YOUR WISH LIST OF PARTICULARLY SORT OF FLOOD CONTROL AND WATER QUALITY ISSUES AROUND THE CITY. I'VE HEARD NUMEROUS COMPLAINTS FROM FOLKS AROUND TOWN REGARDING SIMPLE STREET FLOODING, MUCH OF IT STORM SEWER RELATED. REMIND ME, WHERE IN YOUR BUDGET AND WHAT IS THE PLAN FOR THESE SORT OF RANDOM AND SPORADIC, YOU KNOW -- IN FACT, OFTEN TIMES IT'S NOT A FLOOD EVENT AT ALL, JUST A HEAVY RAIN AND ONE PARTICULAR STORM SEWER IS PROBABLY BACKED UP OR CLOGGED UP AND PEOPLE'S FRONT YARDS OR EVEN HOMES GET WATER IN THEM. HOW DO YOU SORT OF CLASSIFY THAT WORK AND WHERE DO YOU HAVE THAT BUDGETED FOR?

COUNCILMEMBER, AS YOU KNOW, AS REFLECTED IN OUR MASTER PLAN, WE'VE IDENTIFIED THE DIFFERENT DEFICIENCIES THAT WE HAVE. THE FIVE-YEAR PLAN THAT WE HAVE IN PLACE TO INCREASE THE AMOUNT OF MONEY THAT WE WILL BE RECEIVING IN THE DRAINAGE UTILITY FUND IS PART OF AN OVERALL PLAN THAT WORKS NOT ONLY IN CAPITAL IMPROVEMENT PROJECTS, BUT IT WILL ALSO WORK IN OUR MAINTENANCE AREA? AS I INDICATED EARLIER, WE'VE ADDED TWO CREWS FOR POND MAINTENANCE ITSELF. AGAIN, SOME OF THOSE FLOOD AND AS A RESULT OF THAT IT WILL OVERFLOW OUT OF THE POND AND CAUSE FLOODING IN OTHER AREAS. WE ALSO GET BLOCKAGE ON INLETS WHICH THEN CAUSE THE STREET TO BLOCK AS YOU INDICATED. WE HAVE ADDITIONAL CREWS THAT WE'VE ADDED OVER THE LAST THREE YEARS THAT WE ALSO DISPATCH TO THOSE AREAS AND CORRECT THAT AS NEEDED. WHERE WE'RE WHERE WE NEED TO BE. WE NEED ADDITIONAL CREWS AND WE'LL BE ASKING FOR THAT AS WE MOVE FORWARD.

> Wynn: SORT OF A RELATED TOPIC, I'VE NOTICED AROUND TOWN THE PUBLIC WORKS AS PART OF THE STREET MAINTENANCE PROGRAM, WE HAVE THE CHIP AND SEAL SORT OF RESURFACING GOING ON. AND IT'S PRETTY REMARKABLE HOW THE LOOSE ROCKS OR GRAVEL ULTIMATELY WITHIN A HALF A DAY OR A DAY GET KNOCKED DOWN TO THE CURB AND GUTTER. I KIND OF BELIEVE THAT OUR STORM SEWER INLETS ARE GETTING FILLED UP WITH -- BY OUR PUBLIC WORKS DEPARTMENT ON RET SURFACING. IS THERE ANY SORT OF COORDINATION? WHILE A STREET IS BEING RESURFACED LIKE THAT -- I KNOW WF AN ATTEMPT TO TRY TO GET THE LOOSE ROCKS UP, BUT I'VE GOT TO BELIEVE A LARGE PERCENTAGE OF THEM GO INTO THE STORM SEWER?

THEY DO. AND AS YOU KNOW, OUR STORM SEWERS AND OUR CREEK SYSTEM IS OUR TRANSPORTATION SYSTEM THAT DELIVERS EVERYTHING TO TOWN LAKE. SO AS YOU KNOW, AS WE REQUIRE SILT CENSUS TO BE ON THE PROPERTY ITSELF AND AS WE REQUIRE PEOPLE TO BLOCK THOSE INLETS WHEN THAT TYPE OF WORK IS BEING PERFORMED, IT MINIMIZES THAT TYPE OF ACTIVITY. SO THAT SHOULD BE HAPPENING AS THAT TYPE OF WORK IS BEING PERFORMED. WIN THE MOST RECENT STREETS THAT I JUST SAW DONE THIS PAST SATURDAY MORNING, THERE'S NO SILT FENCE AT ALL, NO CATCHMENT ISSUES WITH THE STORM SEWER. OVER A HALF MILE LONG STREET, THERE'S TONS OF LOOSE ROCKS THAT I KNOW ARE GOING DIRECTLY INTO THE STORM SEWER.

COUNCILMEMBER, WE'LL LOOK INTO THAT. AS YOU KNOW, WE HAVE A LOT OF EYES ON THE STREETS AND IN THE COMMUNITY WITH THE BIRTH OF DIGITAL CAMERAS IT SEEMS EVERYBODY HAS ONE AND THEY'RE NOT BASHFUL TO SEND ME AN E-MAIL WITH EXAMPLES OF DEFICIENCIES IN DIFFERENT AREAS. SO WE RESPOND TO THAT AS WE GOOD G.T.E. THAT INFORMATION.

Futrell: COUNCILMEMBER, WE'VE HEARD YOUR ISSUE AND ONE OF THE I WOULD LIKE TO DO IS WE'LL ASK MIKE AND PETER TO TAKE A LOOK AT THE KINDS OF MATERIAL WE'RE USING, THE PROCESSES, BECAUSE YOUR QUESTION REALLY GOES BEYOND JUST WHILE THE WORK IS HAPPENINGING, IT'S HOW MUCH OF THE ROCK IS LEFT AFTER THE WORK GETS DONE AND IF THERE'S SOMETHING WE CAN DO TO MITIGATE OR LESSEN THE AMOUNT OF MATERIAL THAT'S LEFT THAT CAN GET INTO AND CLOG OUR STORM SEWER SYSTEMS.

> Wynn: I KNOW THAT OUR PUBLIC WORKS DEPARTMENT IS UNDER THE SAME BUDGET RESTRAINTS THAT THE WATERSHED PROTECTION IS, BUT PERHAPS WE NEED TO DO A BETTER JOB OF AS WE FUND THE STREET RESURFACING AND STREET WORK, TO ALSO USE THAT OPPORTUNITY TO PERHAPS MAINTAIN, CLEAN OUT, ADJUST STORM SEWER IS.

Mayor Garcia: COUNCILMEMBER THOMAS?

Thomas: THANK YOU, MAYOR. ON YOUR EROSION CONTROL IMPROVEMENT, THOSE PROJECTS THAT YOU HAVE GOING, HOW FAR ARE YOU FROM COMPLETION OF THOSE, BOGGY CREEK AND WALNUT CREEK?

THOSE ARE PROJECTS, MAYOR -- I MEAN, COUNCILMEMBER, THAT WE'RE RECOMMENDING WE MOVE FORWARD ON. I CAN BE SPECIFIC ON SOME OF THESE PROJECTS, AND LET ME SEE WHAT I HAVE HERE. ON EROSION CONTROL, -- THESE AREAS, AGAIN, THESE WERE PROJECTS THAT WE'RE STARTING THIS YEAR, GOING FROM DESIGN AND THEN MOVING FORWARD TO IT. THE BOGGY CREEK AREA IS HOMES THAT ARE THREATENED, AND WEST BOULDIN ON SOUTH SIXTH, THE BUYOUT OF TWO STRUCTURES. AND THE WALNUT CREEK REGIONAL EROSION POND, PRELIMINARY ENGINEERING WORK IS DONE WHICH WILL ULTIMATELY BENEFIT THE STRUCTURES.

Thomas: AND THE WALNUT CREEK ALSO TIED IN OFF OF MANOR ROAD, IN THAT AREA?

YES.

Thomas: OKAY. THANK YOU. THAT'S IT.

Mayor Garcia: ON PAGE 2 ON THE SATISFACTION REPORT CARD, ON CITY FLOODING EROSION AND WATER QUALITY CONTROL, UP TO 76% SATISFACTION. DID WE NOTE IN THAT STUDY ANY SPECIFIC AREAS WHERE THERE WAS MORE SATISFACTION THAN OTHER AREAS, SAY SOUTHEAST, CRYSTAL BROOK, THOSE AREAS?

Futrell: THE SURVEY DOES BREAK OUT BY CERTAIN GEOGRAPHIC AREAS, BUT ONE OF THE DILEMMAS IN THE SURVEY IS THAT WE DO -- AND REALLY A RELATIVELY SMALL RANDOM SAMPLE THAT WE SURVEY. SO IT'S NOT ALWAYS ENOUGH TO GET A REAL TREND IN AN AREA. WE HAVE A NUMBER OF CHANGES WE WANT TO MAKE TO THE SURVEY DOCUMENT FOR '04. ONE OF THOSE IS TO SURVEY TARGET AREAS OR TARGET CUSTOMERS OF A SERVICE SO WE GET A BETTER FEEL OF WHAT PEOPLE REALLY THINK ABOUT THE SERVICE THEY RECEIVE. AND THIS IS ONE OF THOSE AREAS. BUT WE'LL TAKE A LOOK AND GO BACK AND SEE WHETHER WE'VE GOT ENOUGH OF A SAMPLE IN ONE OF THE AREAS TO GIVE YOU A FEEL FOR THAT.

Mayor Garcia: I THINK THAT IN THE ONION CREEK MEADOWS, THE SOUTHEAST PART OF THE CITY WHERE WE HAVE THE FLOODING IN '91 AND ALSO IN CRYSTAL BROOK WHERE WE'VE HAD SOME FLOODING BEFORE, IN OTHER AREAS OF TOWN, IF WE COULD FOCUS ON THOSE AREAS TO FIGURE OUT HOW PEOPLE FEEL. I KNOW IN THE SOUTHEAST THERE'S A SUBSTANTIAL AMOUNT OF CONCERN. ON PAGE 13, ON THE BUYOUTS, HOW MUCH MONEY IS BEING ALLOCATED FOR BUYOUTS THIS YEAR, ANYTHING?

GOOD MORNING, MAYOR AND COUNCIL. JOE CANTRELL, ASSISTANT DIRECTOR OF THE WATERSHED REVIEW DEPARTMENT. AS PART OF THE 7.4 MILLION IN THE CIP PROGRAM, THERE IS APPROXIMATELY 120,000 TO MOVE FORWARD AND CONTINUE WITH THE BUYOUTS IN THE ONION CREEK WATERSHED. WE ANTICIPATE USING THAT TO BUY OUT THREE TO FIVE MORE HOMES IN THE AREA THAT WAS HEAVILY DAMAGED THIS PAST NOVEMBER. AND THAT WOULD BE IN ADDITION TO THE 38 HOMES THAT WERE ALREADY PURCHASED BY COUNCIL THROUGH THE BOND LANGUAGE AND THE PUBLIC VOTED AND APPROVED THE 1998 BOND ELECTION PACKAGE.

Mayor Garcia: THAT AREA I RECEIVED ALSO SOME SBA LOANS IN THE FLOOD BEFORE THAT, AND THEN THEY HAD THE '91 FLOODS. DO WE HAVE ANY -- AND THAT MAY HAVE BEEN MR. COLLIER IS THE PROBLEM BECAUSE HE WAS THE ONE WHO RESPONDED DURING THE EMERGENCY, BUT DO WE KNOW, DO WE HAVE ANY DATA AS TO WHETHER PEOPLE THAT QUALIFY FOR LOANS IN THE EARLIER FLOOD ARE ALSO QUALIFIED FOR LOANS FOLLOWING THE '91 STORM EVENT?

WE DO NOT HAVE THAT DATA ON INSURANCE AVAILABILITY OR QUALIFICATION, BUT WE CAN CERTAINLY RESEARCH THAT FOR YOU.

Mayor Garcia: IT'S NOT REALLY INSURANCE AS MUCH AS SBA LOANS.

OKAY. I REMEMBER AFTER THE NOVEMBER STORM THERE WERE PROGRAMS WHERE THE SBA DID COME IN TO SOME OF THE SHELTERS, OF IN FACT, AND SET UP A DESK AND CANVASSED THE COMMUNITY FOR THE NEED FOR THAT TYPE OF ASSISTANCE.

AND MAYOR, WE ALSO DO HAVE AN ONGOING REGIONAL STUDY WITH THE CORPS OF ENGINEERS, WITH TRAVIS COUNTY, WITH THE LCRA AND WITH THE CITY OF AUSTIN ON A REGIONAL SOLUTION TO SOME OF THE ONION CREEK PROBLEMS. AND WE'RE BEGINNING TO GET SOME PRELIMINARY RESPONSES TO THAT. WE'RE NOT AT THE POINT TO SHARE IT WITH YOU AT THIS TIME BECAUSE IT'S VERY SKETCHY, BUT AS SOON AS WE GET THAT, WE'LL SHARE IT WITH YOU.

Mayor Garcia: FURTHER QUESTIONS FOR MR. HITES?

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: MR. HISTE, I HAVEN'T COMPLETELY FINISHED READING YOUR BUDGET IN THE BUDGET DOCUMENT YET, BUT IS THERE A LIST IN THERE OF WHAT FLOOD CONTROL PROJECTS AND EROSION CONTROL WE'RE GOING TO BE ABLE TO DO WITH THESE FUNDS?

I HAVE A CIP LIST, IF THAT'S WHAT YOU'RE LOOKING FOR, COUNCILMEMBER, AND I COULD SHARE THAT WITH YOU. AND I CAN DO THAT NOW --

Slusher: YOU DON'T HAVE TO GIVE IT TO ME RIGHT NOW, BUT I WANTED TO STUDY THAT AND THEN I WOULD LIKE TO SEE WHAT -- WHAT WOULD BE THE NEXT IN LINE IF WE WERE TO DO -- IF WE WERE ABLE TO DO MORE. AND THEN I WOULD LIKE TO SEE HOW MUCH -- IF YOU HAVE THIS RIGHT NOW, HOW MUCH DO WE GET OUT OF EACH DIME THAT WE RAISE THE RESIDENTIAL FEE?

I DO NOT HAVE THAT INFORMATION.

Slusher: IF YOU COULD GET THAT FOR ME.

THE INCREASE WE'RE ASKING FOR THIS YEAR IS A LITTLE OVER $5 MILLION.

> Slusher: AND I HAD IT A MINUTE AGO. THAT'S AN 11% INCREASE?

IT WAS 11% ON RESIDENTIAL. I THINK IT WAS 34% ON THE COMMERCIAL.

Slusher: OKAY. THEN TELL ME -- IT'S A 58-CENT INCREASE. AND THAT YIELDS HOW MUCH? THE NUMBER YOU GAVE ME IS BOTH RESIDENTIAL AND THE COMMERCIAL, RIGHT?

THAT'S CORRECT.

Slusher: AND THAT BRINGS FIVE MILLION?

A LITTLE OVER FIVE MILLION, COUNCILMEMBER. I'VE GOT THE NUMBER. IT'S 5,059,226.

Slusher: OKAY. THANK YOU. I'LL LOOK AT THAT AND WE CAN TALK SOME MORE.

AND AGAIN, I REALLY DO WANT TO STRESS THAT THIS IS THE SECOND YEAR OF OUR FIVE-YEAR PLAN TO BE INCREASING THAT, SO WE CAN START IMPLEMENTING, AS WE ALREADY HAVE, THE MASTER PLAN AND BE ABLE TO START ADDRESSING MORE AND MORE OF THESE PROBLEMS.

Slusher: RIGHT. I UNDERSTAND. IT'S JUST FRUSTRATING THAT IT'S SO SLOW. I UNDERSTAND WE HAVE THE FEE BURDEN ON OUR CITIZENS THAT WE'RE TRYING TO KEEP UNDER CONTROL, BUT AT THE SAME TIME, EVERY TIME WE HAVE THE BIG RAINS AND WE SEE PEOPLE'S HOMES GET FLOODED, IT MAKES YOU WANT TO SPEED IT UP EVEN MORE. I'LL KEEP LOOKING AT THAT.

OKAY.

Mayor Garcia: FURTHER QUESTIONS? COUNCILMEMBER ALVAREZ?

Alvarez: I WAS GOING TO ASK A SIMILAR QUESTION AS COUNCILMEMBER SLUSHER. YOU SAID THERE'S AN ADDITIONAL 320,000 FOR BUYOUT. AND IS THAT SEPARATE FROM THE FUND THAT WE HAD SET ASIDE FOR THAT PURPOSE?

THAT IS A SEPARATE FUND. IN FACT, THE MONIES ARE COMING DIRECTLY FROM THE DRAINAGE UTILITY REVENUE, WHEREAS THE PREVIOUS FUNDS WERE FROM THE BOND ISSUE.

Alvarez: SO THE REMAINING AMOUNT IN TERMS OF FLOOD CONTROL IMPROVEMENTS WOULD BE MORE FOR -- I GUESS THAT'S THE LIST THAT WE'RE TRYING TO FIND OUT, WHAT THE MONEY IS GOING TO BE USED FOR. BUT IN TERMS OF EROSION CONTROL, I NOTICE THAT'S A MUCH SMALLER AMOUNT BECAUSE THE ACTUAL DOLLARS. AND I NOTICE THAT YOU WERE DOING SOME BUYOUTS ALSO RELATED TO EROSION CONTROL. IS THAT PRETTY COMMON OR HOW -- IT'S A LITTLE DIFFERENT THAN FLOOD CONTROL, BUT WHAT KIND OF -- I GUESS WHAT KIND OF OBLIGATION DO WE HAVE TO DO THAT? BECAUSE I'VE HAD CALLS FROM PEOPLE WHO ARE HAVING EROSION PROBLEMS ON THEIR PROPERTY BECAUSE OF THE EROSION ON THE CREEKS. AND I WAS WONDERING WHAT THE MONEY IS WE DO HAVE IN TERMS OF THE BUYOUTS IN TERMS OF THE CONTROLS THAT ARE GOING TO HELP ALLEVIATE THE PROBLEMS.

THERE'S BASICALLY TWO LEVELS OF EROSION CONTROL. AND IF YOU WILL, EROSION CONTROL REALLY IS ANOTHER TOOL OF FLOOD CROOL CONTROL. FROM STUDIES WE HAVE SHOWN, IF WE DON'T DO SOMETHING ABOUT WALNUT CREEK, FOR EXAMPLE, OUR STUDIES SHOW IT WILL BE TWO AND A HALF TO THREE TIMES ITS CURRENT WIDTH BECAUSE IT DOES HAVE THE EROSE SIEVE SOIL AND WITH THE AMOUNT OF RUNOFF WE'RE ANTICIPATING HAPPEN WITH THE BUILDUP IN THESE AREAS, THAT WOULD BE A LARGER PROJECT WHERE YOU WOULD FUND A LARGER CIP PROJECT, BUILD THREE TO FOUR REGIONAL PONDS, STRICTLY TO SLOW DOWN THE FLOWS AS YOU WOULD HAVE SOME KIND OF CONTROL OVER YOUR EROSION RATES. THE TOOL R. OTHER TOOL IS WHEN WE ARMOR A CERTAIN TOOL OR REACH OF A CERTAIN CREEK AND PROTECT THAT. AND THAT'S WHEN WE'RE ABOUT READY TO LOSE A BRIDGE, A ROAD OR A A STRUCTURE. SO WE HAVE A PRIORITY LIST AND THAT IS THE WAY THAT WE LOOK AT THOSE.

Alvarez: SO WHEN A HOMEOWNER CALLS AND SAYS I HAVE A PROBLEM AND I NEED HELP TO ALLEVIATE THE EROSION, THE SPEED WITH WHICH IT IS HAPPENING, DO WE HAVE A WAITING LIST? HOW ASK DOES THAT WORK?

WE HAVE TO DO AN ASSESSMENT TO SEE WHERE IT WOULD FALL ON OUR PRIORITY LIST.

Alvarez: OKAY. AND THEN IN TERMS OF THE LEVEL OF FUNDING, IS THIS THE SAME LEVEL OF FUNDING FROM LAST YEAR OR IS THAT LEVEL GOING TO GO UP AS WE ATTEMPT TO TRY TO IMPLEMENT OUR PLAN?

THAT'S CORRECT. WE'RE GOING TO BE ASKING FOR INCREASES FOR THE NEXT THREE YEARS IN ADDITION TO THIS YEAR AS PART OF OUR OVERALL PLAN.

> Alvarez: AND THIS NUMBER FOR EROSION CONTROL WOULD ALSO BE AN INCREASE OR IS THAT SOMETHING WE'LL DECIDE ON A YEAR TO YEAR BASIS.

WE'LL DECIDE IT ON A YEAR TO YEAR BASIS DEPENDING ON THE NEED.

Alvarez: THANK YOU. SORT OF THING, BUT FOR SOME EXTRA MITIGATION OR PROTECTION OR METHODOLOGY BETWEEN WATERSHED PROTECTION AND WATER AND WASTEWATER FOR SOME OF THEM?

MAYOR PRO TEM, WE'RE WORKING VERY CLOSELY TOGETHER ON THEIR OVERALL PROJECT, WHICH IS THEIR AUSTIN CLEAN WATER PROGRAM. AND ASSOCIATED WITH THAT SOME OF THAT ACTIVITY IS GOING TO BE IN SENSITIVE AREAS A A A A A A A A IN SOME OF OUR CREEKS. WE'RE TAKING ADVANTAGE OF THAT CHANGE TO ALSO PROTECT SOME OF OUR OTHER AREAS. SO I THINK OVERALL IT WILL BENEFIT BOTH DEPARTMENTS.

Goodman: WELL, THE SPECIFIC THING I WAS THINKING OF IS THAT THERE IS A LOT OF RENEWED AWARENESS OF RETROFITTING NEEDS FOR BOTH CLEAN WATER AND FLOODING MITIGATION. AND SOME OF OUR OLDER NEIGHBORHOODS ARE A SOURCE OF THAT. SO I WAS THINKING IF THERE WERE MANHOLE COVERS OR OTHER WATER AND WASTEWATER KINDS OF IMPROVEMENTS, PHILOSOPHICALLY ALONG THE SAME LINES AS YOU WOULD THINK OF TRAFFIC SYSTEM MANAGEMENT IN THAT YOU'RE NOT GOING IN WITH A WHOLE NEW PROJECT, YOU'RE SORT OF ENHANCING WHAT YOU'VE GOT, I THOUGHT THAT WOULD BE A WAY TO AFFORDABLELY -- I USE THAT WORD CAREFULLY THIS YEAR, IN THIS BUDGET TRY TO BEGIN R

A THE PLANNING EFFORT INVOLVED WITH THE AUSTIN CLEAN WATER PROGRAM ORDINANCE THAT WAS PRESENTED TO YOU EARLIER, OUR STAFF, THE STAFF OF WATERSHED PROTECTION AND DEVELOPMENT REVIEW DEPARTMENT AND THE WATER AND WASTEWATER STAFF COOPERATED ON SOME ISSUES RELATIVE TO JOINT FUNDING AND COOPERATION ON PROJECTS, BUT ESSENTIALLY THEY WILL BE DOWN IN THE BOTTOM OF THESE CREEKS WHERE THE MAJORITY OF I GUESS THE COLLECTOR PIPES ARE ON THE SANITARY SEWERS AND REHABING THOSE PIPES. WHAT WE'RE TRYING TO DO AND ARE CURRENTLY DOING IS OVERLAYING THAT WITH THE PROBLEM AREAS AND THE MASTER PLAN, AND WE'RE HOPING TO BE ABLE TO IDENTIFY SOME AREAS WHERE WE HAVE SOME PROJECTS. UNFORTUNATELY, I THINK THE BREAST OF THE WORK THAT WATER AND WASTEWATER IS GOING TO DO ISN'T GOING TO ALLOW WATERSHED TO KEEP UP GIVEN THE AMOUNT OF FUNDING AND THE NEED THAT'S OUT THERE, BUT CERTAINLY IN OUR HIGH PRIORITY AREAS WE CERTAINLY WANT TO ATTEMPT TO DOVE TAIL OUR PROJECTS, AND IN AREAS WHERE WATERSHED DOES NOT HAVE FUNDING OR WHERE THERE'S NOT A SIGNIFICANT WATERSHED PROBLEM, WE HAVE WORKED WITH WATER AND WASTEWATER AND ARE CONTINUING TO WORK WITH THEM ON PLANNING FOR THE RESTORATION OF THE CREEK AREAS AFTER THEY'RE FINISHED WITH THEIR PROJECT. SO THAT'S AN AREA WHERE I THINK WE'RE SEEING A LOT OF SYNERGY AT THIS TIME.

Futrell: AND I THINK, MAYOR PRO TEM, THAT GOES A LITTLE BIT MORE TO YOUR QUESTION, THE LAST PART OF WHAT HE WAS JUST TELLING YOU. WHERE WE'RE ALREADY GOING TO HAVE TO DO WORK IN A CREEK BED, THERE'S BEEN SOME NEGOTIATIONS BACK AND FORTH ABOUT HOW THEY'LL RESTORE THAT SO THAT WE CAN GET A BETTER OUTCOME WHEN THEY'RE DONE SO THEY'LL BE WORKING WITH WATERSHED PROTECTION TO DECIDE WHEN THEY COME BACK IN AND FIX SOMETHING, CAN WE GET SOME EXTRA FLOOD CONTROL, EROSION CONTROL WORK DONE AS PART OF THAT RESTORATION. THERE'S A TEAM THAT'S MEETING REGULARLY WORKING THROUGH EACH OF THESE.

IN FACT, IN WATER AND WASTEWATER'S DUJT YOU WILL SEE -- BUDGET YOU WILL SEE A TRANSFER TO THE DRAINAGE UTILITY OF $250,000 TO SUPPORT OUR STAFF AND HELP THEM WITH THE PLANNING AND REVIEW OF THEIR PROJECTS. SO AGAIN NOT ONLY IS IT A STAFF LEVEL, IT'S ALSO A BUDGETARY PLAN IN THIS YEAR'S BUDGET TO FACILITATE THAT. AND SPECIFIC TO MANHOLES, ONE OF THE THINGS WE'RE LOOKING AT IS MAKING SURE THAT IF THERE'S AN OPPORTUNITY TO MOVE THE MANHOLES EITHER OUTSIDE OF THE CREEK AREA OR MOVE THEM DOWN SO THEY'RE NOT STICKING UP FROM AN EROSION STANDPOINT OR A FLOOD CONTROL STANDPOINT, CREATING A CONSTRAINT WITH THE FLOW WAY.

AND A STEP MORE THAN THAT IS WE'RE ALSO LOOKING, IF THE OPPORTUNITY IS THERE, TO MOVE IT TO -- MOVE THE SANITARY SEWER OUT OF THE CREEK. FUTURE THERE'S OUR REAL BIG BANG FOR THE BIK IF WE CAN GET THAT -- BUCK IF WE CAN GET THAT.

Goodman: I KNOW THE DISRUPTION CAN BE WORSE.

Futrell: BUT WE'RE GOING TO TRY NOT TO MISS THE OPPORTUNITY. AND WE HAVE TWO OVERLAPPING COMMISSIONS AND GOALS THAT ARE COMING TOGETHER WITH THIS PROJECT AND WE'RE GOING TO TRY TO MAXIMIZE IT AND MAKE THE BEST OF IT.

Alvarez: I'VE GOT ONE MORE.

Mayor Garcia: COUNCILMEMBER ALVAREZ? LET ME MAKE ONE QUICK COMMENT. YOUR PRESENTATION, MR. HIT MR. HITES, DOESN'T HAVE A LISTING OF THE PEOPLE WHO WORK FOR YOU, HOW MANY PEOPLE WORK IN WATERSHED PROTECTION. AND THOSE AREAS LIKE OTHER DEPARTMENTS. THAT WOULD BE HELPFUL IF YOU COULD SEND THAT TO US. AND THE REASON IS THAT ON -- THERE'S MANY REASONS, BUT THERE WAS A RESOLUTION THAT WAS PRESENTED BY COUNCILMEMBER SLUSHER AND OTHER COUNCILMEMBERS TO LOOK AT SOURCES OF POLLUTION, PARTICULARLY IN THE BARTON CREEK AND -- BARTON CREEK WATERSHEDS AND THE BARTON SPRINGS WATERSHEDS. THERE WAS ALSO SOME STORIES ABOUT WHAT'S BEING DONE WITH SOME POINT SOURCE POLLUTION IN THAT CREEK. AND WE NEED TO HAVE, YOU KNOW, PERIODIC REPORTS ON HOW THAT IS GOING AND WHAT WE NEED TO DO TO PROTECT THE SPRINGS AND THE AQUIFER. AND I'D LIKE TO KNOW HOW MANY PEOPLE ARE WORKING ON THOSE PROJECTS AND OTHER WATERSHED PROTECTION PROJECTS. COUNCILMEMBER ALVAREZ?

Alvarez: THANK YOU, MAYOR. FIRST OF ALL, I DID WANT TO COMMEND MR. HITES AND THE DEPARTMENT FOR CONTINUING TO REDUCE THE CYCLE TIMES ON THE SUBDIVISION AND SITE PLANS. AND I WAS LOOKING AT THE LAST PAGE OF YOUR PRESENTATION HERE JUST WONDERING -- I GUESS YOU MENTIONED SEVERAL DIFFERENT ELECTRONIC FORMS OF EXCHANGING INFORMATION THAT WE'RE EITHER UTILIZING OR LOOKING TO TO UTILIZE, SO HOW MUCH OF THE IMPROVEMENTS THUS FAR DO YOU THINK ARE ATTRIBUTED TO THAT, ARE THE IMPROVEMENTS THAT WE'VE MADE THIS LAST YEAR, MORE PROCESS IMPROVEMENTS AND WE STILL MAY BE IN THE FUTURE MAY SEE SOME ADDITIONAL IMPROVEMENTS BECAUSE OF THE ELECTRONIC TYPE OF ACTIVITIES THAT WE'D LIKE TO FACILITATE?

COUNCILMEMBER, THIS DEPARTMENT, AS YOU KNOW, IS BASICALLY CONSOLIDATED IN APRIL A YEAR AGO. WE DIDN'T ACTUALLY GET EVERYBODY ON BOARD AND GET REORGANIZED AND DO THE THINGS WE WANTED TO DO UNTIL JUST ABOUT A YEAR AGO. WE PLANNED AT THAT TIME THAT THE DEPARTMENT -- THE SIZE OF THE DEPARTMENT THAT WE CREATED LAST YEAR WAS GOING TO CONTINUE INTO THE NEXT YEAR, SO WE HAD THOSE POSITIONS WHICH I IDENTIFIED EARLIER. AT THE SAME TIME, WE STARTED LOOKING AT OTHER OPPORTUNITIES THAT WE WOULD HAVE. THIS PAST YEAR WE'VE GONE ON LINE ON THE INTERNET WHERE DEVELOPERS, HOMEOWNERS CAN GET ACCESS TO BUILDING PERMITS, THEY CAN SEE WHERE THE PERMITS ARE. AGAIN, THEY JUST WENT ONLINE THIS YEAR. WE'RE CONTINUING TO TRY TO WORK TOWARD A PROCESS THAT IF YOU'RE IN AN IMPROVED SUBDIVISION YOU CAN GET A PERMIT FOR A HOME OVER THE INTERNET. WE'RE CONTINUING TO LOOK INTO THOSE AREAS. PEER IS ONCE AGAIN BEING LOOKED AT AND MAKING PLANS IN THAT AREA. WE'RE MAKING A LOT OF PLANS AND MAKING PLANS FOR THOSE AREAS AND WE'RE TRYING TO BENEFIT FROM AS MUCH OF THAT AS WE CAN. SO IT'S ONGOING.

Alvarez: I THINK IF YOU COULD GIVE US -- PROVIDE THAT INFORMATION ABOUT WHAT ADDITIONAL THINGS WE HAVE BEEN DOING THE PAST YEAR AND WHAT DO WE HOPE TO BE DOING, THOSE ARE THE KINDS OF THINGS THAT PEOPLE WOULD LIKE THE ABILITY TO DO, AND I THINK IT'S REAL GOOD THAT WE'RE MOVING IN THAT DIRECTION.

AND I'M SURE THERE'S MORE, BUT I JUST COULDN'T REMEMBER.

Futrell: IN FACT, COUNCILMEMBER, THIS IS PROBABLY ONE OF THE AREAS WHERE WE HAVE A LOT OF ABILITY TO CAPTURE AUTOMATION AND E-GOVERNMENT APPLICATIONS THAT CAN MOVE UP US TO A LOT GREATER EFFICIENCIES, EVERYTHING FROM APPLICATIONS ONLINE, UP AND DOWN. SO WE'LL WORK WITH YOU ON A SUMMARY OF WHAT WE'VE DONE TO DATE AND WHERE WE'RE HEADED.

Alvarez: PLEASE. THAT WOULD BE VERY ESPECIALLIFUL.

Mayor Garcia: FURTHER QUESTIONS? THANK YOU VERY MUCH. I HAVE A FEW ANNOUNCEMENTS AND THEN WE'LL RECESS. FIRST, ITEM 69 OF THE PUBLIC HEARINGS IS A STAFF PRESENTATION -- WELL, WE'LL BE HAVING A PUBLIC HEARING ON THE PRESENTATIONS THAT HAVE BEEN MADE BY THE DEPARTMENTS FROM NEIGHBORHOOD PLANNING AND ZONING, TRANSPORTATION, PLANNING AND SUSTAIN ABILITY, WATERSHED PROTECTION, DEVELOPMENT REVIEW, PUBLIC WORKS AND THE CIP AND WATER AND WASTEWATER AND AUSTIN ENERGY. THOSE DEPARTMENTS HAVE MADE THEIR PRESENTATIONS YESTERDAY AND TODAY, AND THIS AFTERNOON AT OUR 6:00 O'CLOCK PUBLIC HEARINGS WE HAVE A PUBLIC HEARING ON THOSE PARTICULAR BUDGETS. ALSO, WE HAVE POSTED ON THE AGENDA AN EXECUTIVE SESSION ITEM THAT WILL NOT TAKE PLACE, SO THE COUNCIL WILL NOT RECESS TO GO INTO EXECUTIVE SESSION. WHAT WE WILL DO IS WE WILL RECESS TO GO TO LUNCH AND THEN WE'LL COME BACK LIKE WE USUALLY DO AT 1:30. WE'LL START OUT WITH THE 1:30 CITIZENS COMMUNICATION GENERAL AND THEN WE'LL GO TO THE AGENDA AS WE HAVE IT. ARE THERE ANY OTHER ANNOUNCEMENTS? OKAY. WE ARE RECESSED UNTIL 1:00 FLIRT, AT -- 1:30, AT WHICH TIME WE WILL CALL UP THE CITIZENS COMMUNICATION-GENERAL, AND WE HAVE 10 SPEAKERS. SO WE'RE IN RECESS. (11:35) STRAUS,.

Mayor Garcia: AS SOON AS WE HAVE A QUORUM OF THE COUNCIL WE ARE GOING TO GO TO OUR 1:30 TIME CERTAIN. SO -- SO -- SO YOU IN THE AUDIENCE CAN GET READY.

Mayor Garcia: I'M GOING TO CALL THIS MEETING BACK TO ORDER. IT'S THURSDAY, AUGUST THE 22ND. THIS IS THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL. WE ARE IN THE LOWER COLORADO RIVER AUTHORITY HANCOCK BUILDING, 3700 LAKE AUSTIN BOULEVARD, IN AUSTIN, TEXAS AND WE WILL GO TO OUR 1:30 TIME CERTAIN FOR CITIZENS COMMUNICATION GENERAL AND WE HAVE BOBBY RIGNEY FIRST AND THEN SCOTT HENSTSCHEL, MR. RIGNEY, WELCOME, SIR.

THANK YOU. THANKS FOR THE OPPORTUNITY TO SPEAK. [INAUDIBLE] IN FRONT OF ME TODAY REGARDING THE OFF DRIVEWAY PARKING. THERE ARE LITERALLY THOUSANDS OF AUSTIN HOUSEHOLDS -- SORRY. THERE ARE LITERALLY THOUSANDS OF AUSTIN'S HOME HOLDS MAKING USE PULLING OFF TO THE SIDE OF THE DRIVEWAY SO ANOTHER CAR CAN PULL IN LATER WITHOUT BEING BLOCKED IN. THIS IS A MEANINGFUL TOOL TO NOT PARK IN THE STREET FOR SAFETY. IT'S A VALUABLE OPTION TO AVOID BECOMING A VICTIM OF STREET CRIMES AND HIT AND RUNS. AT THE SAME TIME, THERE ARE EQUALLY VALUED RESIDENTS WHO FEEL THAT YARD PARKING DEVALUES THEIR HOME. CHANCES FOR THEM TO PROVE LOWER APPRAISALS WENT UNFILLED, AS DID PROOF OF OTHER CLAIMS. BUT THAT DEBATE ONLY SERVED TO MOVE THE FOCUS AWAY FROM THE VALID CONSIDERATION OF THE LIVABLY. THESE NEIGHBORS WITHIN SOME AREA HAVING SIMILAR CONDITIONS WANT AN OPTION. THOSE -- I'M SORRY, AND WITH THE FAIRNESS OF A VOTE HELD BY A JURY OF THEIR PEERS, RESIDENTS WITHIN THOSE BOUNDARIES SHOULD BE NOTIFIED TO HAVE HIS OR HER VOTE COUNTED. HAVING A MEASURE OF SELF DETERMINATION IS FAIR. THE PROCESS MUST ENSURE OFFICIAL NOTIFICATION. IT NEEDS TO ALLOW FOR AREAS NOT YET IN THE NEIGHBORHOOD PLAN. IT NEEDS TO RECONCILE OVERLAPPING NEIGHBORHOOD ASSOCIATION BOUNDARIES, IT NEED TO INCLUDE ONLY [INAUDIBLE] TAX PAYING CITIZENS, EVEN IF SOCIAL BY LAWS DO NOT ALLOW SOME LAWS TO COUNT. AFTER ALL, OR ABOVE ALL, A SELF DETERMINING PROCESS CAN ALLOW AREAS OF LIKE CONDITION TO HAVE WHAT IS LOCALLY WANTED WITHOUT CAUSING PROBLEMS TO FOLKS LIVING ELSEWHERE UNDER DIFFERENT CIRCUMSTANCES. A WIN-WIN SOLUTION IS AVAILABLE. FOLKS BIGGEST CONCERN, ALONG WITH COUNCIL'S CONCERN FOR A FAIR AND CONSISTENT PROCESS. CONSIDER MODIFIED PARKING ZONES, THESE STREET PERMITTING ZONES ALREADY EXIST AS A LOCAL OPTION TO EFFECT MEANINGFUL CHANGE. WHAT IS NEW IS THAT INSTEAD OF BEING A LOCAL SOLUTION USING THE PUBLIC RIGHT-OF-WAY, THIS WOULD RESTRICT PRIVATE PROPERTY, SO THIS IS VERY MUCH A COMPROMISE. UNDERSTAND THAT WITHIN ZONES OF SIMILAR CONDITIONS EXIST THE VERY BEST CHANCE TO REACH A CONSENSUS. A RECOMMENDATION OUT OF THE PLANNING COMMISSION WAS FOR THE NEIGHBORHOOD PLANNING TO CARVE OUT AREAS FOR APPROPRIATE INCLUSION. THESE ZONES COULD INCLUDE AREAS OF ONLY A COUPLE OF BLOCKS, SAME AS RESIDENTIAL PARKING ZONES. IF THERE IS NO NEIGHBORHOOD PLAN, A NEIGHBORHOOD ASSOCIATION COULD SPONSOR AN APPLICATION USING THE EXACT SAME PROCESS. WE SHOULD TRUST ANY NEIGHBORHOOD ASSOCIATION WITH THE PRESIDENT'S SIGNED, NOTARIZED LETTER, STATING IN GOOD FAITH THAT THE OFFICIAL NOTIFICATION FORM WITH BALLOT HAS BEEN RECEIVED BY 100% OF THE ZONE. IN CONSIDERATION OF -- OFF OFTEN HARMLESS PRACTICAL USE OF ONE OWN PROPERTY, VERSUS THE VALID BUT HARD TO DEFINE LIVABILITY SITUATION, AN AFFIRMATIVE VOTE OF 80% SHOULD BE REQUIRED TO OPPOSE THIS PROHIBITION. TRAFFIC CALMING REQUIRES A 60%. [BUZZER SOUNDING] POLICE HAVE REPEATEDLY SAID THAT OFF PARKWAY DRIVING DOES -- PARKING DOES NOT ... FOLKS CAN CHOOSE THEIR OWN ZONES, THIS INCLUDES TAX PAYING RENTER CITIZENS AND DOESN'T REQUIRE NEIGHBORHOOD ASSOCIATION MEMBERSHIP TO HAVE YOUR VOTE COUNTED. AS LONG AS NOTIFICATION GETS TO EACH HOUSEHOLD IN A ZONE THE NEIGHBORHOOD ASSOCIATION BOUNDARY CONFLICT ARE A MOOT POINT. ALSO INITIAL NOTIFICATION WILL NOT OCCUR BY WAY OF A POLICEMAN'S KNOCK ON THE DOOR AFTER THE FACT. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. RIGNEY. MR. SCOTT HENSTSCHEL, FOLLOWING HIM MS. MARIA PAREDES.

MAYOR GARCIA, I'M MELISSA MILLER. I WAS HOPING TO SPEAK ON BEHALF OF SCOTT HENSTSCHEL TODAY.

WE SHALL ALLOW THAT.

GREAT, THANK YOU. WELL --

Mayor Garcia: HOW ARE YOU, NOW?

HOW AM I, I'M GOOD, HOW ARE YOU.

YOU ARE NOT CAN THE CONGRESSMAN ANYMORE.

NO, I'M NOT, ACTUALLY DOING CONSULTING WORK AND ALSO THE CO-CHAIR OF THE SUSTAINABLE FOOD CENTER'S DOWNTOWN FARMERS MARKET INITIAL.

Mayor Garcia: -- INITIATIVE.

Mayor Garcia: YES, MA'AM.

THANK YOU. I CAME HERE TODAY BASIC TO JUST SPEAK ON BEHALF OF THE CITY CITY FARMER'S MARKET INITIATIVE. A PROJECT AT THE SUSTAINABLE FOOD CENTER. BRIEFLY TO SAY THAT I FEEL THAT THE INITIATIVE UNDERSCORES SOME OF THE CITY'S GOALS. THOSE GOALS BEING THE GREAT STREETS PROJECT, ALSO SOME OF THE PUBLIC SPACES PROJECTS LIKE PLANS FOR REPUBLIC SQUARE AND THE CITY HALL PLAZA AND THE SECOND STREET PROJECT, MUSEUMS, THE LANCE ARMSTRONG BIKE WAY. I FEEL THAT -- THAT HAVING A CITY CENTER FARMERS MARKET INITIATIVE WILL MAKE DOWNTOWN A DESTINATION SPOT AND I THINK IT WILL REALLY UNDERSCORE A LOT OF THE CITY'S GOALS. SO -- SO I JUST WANTED TO SPEAK TO THAT TODAY. AND THE OTHER THING IS THAT I ALSO FEEL THAT IT WILL PROVIDE ECONOMIC STIMULUS FOR DOWNTOWN IN WAYS SUCH AS BRINGING RURAL FARMERS INTO THE CITY TO SUPPORT RESTAURANTS IN THE CITY AS WELL AS SUPPORTING MICROENTERPRISE BUSINESSES AND BRIDGING THE URBAN AREAS AND RURAL AREAS IN THE -- IN AN ECONOMIC WAY AND THE CULTURAL WAY AND IN A WAY THAT SUPPORTS COMMUNITIES. SO BASICALLY THANK YOU FOR YOUR SUPPORT OF -- OF -- SUPPORTING THE SURVEY FOR THE SUSTAINABLE FOOD CENTERS FARMERS MARKET INITIATIVE. I JUST WANTED TO SPEAK TO THOSE ITEMS AND THANK YOU FOR YOUR TIME.

Mayor Garcia: THANK YOU, MS. MILLER. MARIA PAREDES. AND FOLLOWING MS. PAREDES IS EMMETT FOX.

[SPEAKING IN SPANISH]

Mayor Garcia: RESPONSE RESPONSE.

SHE IS A MEMBER OF A GROUP CALLED HAPPY KITCHEN. I GUESS IT'S A GROUP OF CITIZENS AND OTHER PEOPLE THAT GET TOGETHER TO -- TO DEVELOP HEALTHY RECIPES FOR FOOD AND SHE'S IN SUPPORT OF THE CITY FARMERS MARKET, CITY CENTERED FARMERS MARKET. [SPEAKING IN SPANISH]

Mayor Garcia: SHE IS PREPARING APPEARED SELLING ZUCINNI BREAD.

DID YOU BRING IN? [ LAUGHTER ]

NO.

[SPEAKING IN SPANISH]

Mayor Garcia: GRACIAS. SHE'S IN SUPPORT OF THE CITY CENTER FARMERS MARKET. MR. EMMETT FOX. THANK YOU, MS. PAREDES. FOLLOWING MR. FOX, SUZANNE SANTOS, MR. FOX, WELCOME, SIR.

GOOD AFTERNOON, MY NAME IS EMMETT FOX, I'M A RESTAURANT OWNER IN HYDE PARK. I'M ALSO HERE FOR THE CITY'S FARMERS MARKET. THE QUESTION IS WHY? AS A CHEF OR ANYONE WHO COOKS WHO CARES ABOUT THE FOOD THAT THEY USE, A FARMERS MARKET IS A PERFECT THING TO SUPPORT. BEING ACCIDENT TALK TO THE PERSON OR THE -- BEING ABLE TO TALK TO THE PERSON OR FARMER AND ASKING THEM ABOUT HOW THE PRODUCT WAS TREATED CERTAINLY MAKE ME FEEL BETTER ABOUT WHAT I AM PURCHASING AND SERVING TO MY FAMILY, FRIENDS AND CUSTOMERS. WHEN SHOPPING AT YOUR NEIGHBORHOOD GROCERY STORE WHO CAN YOU TALK TO AND ASK ABOUT THE PRODUCE THAT YOU ARE BUYING? DO THEY REALLY KNOW THE FARMERS IN FLORIDA OR CALIFORNIA OR MEXICO AND HOW THEY ARE TREATING THE PRODUCT THAT WE PURCHASE FROM THESE STORES? I HAVEN'T FOUND ANYONE THAT KNOWS THE FARMERS YET. ALSO, I AM ONE OF MANY CHEFS WHO USE LOCAL FARMERS TO SUPPLEMENT OUR MENUS. I PERSONALLY USE THREE DIFFERENT FARMERS WHO WORK WITH ME AND GROW SPECIFIC ITEMS FOR ME AND MY RESTAURANT. ONE OF THE PROBLEMS IS THAT I HAVE TO GO TO THEM TO GET THE PRODUCT. THEY HAVE ENOUGH ON THEIR HANDS BEING A FARMER TO -- TO NOT BEING ABLE TO DELIVER IT, SO I HAVE GOT TO TAKE THE TIME OUT TO GO TO THEM. THAT TAKES A LOT OF TIME FOR ME TO DO THAT. HAVING A LOCAL FARMERS MARKET WOULD MEAN THEY WOULD ALL BE THERE, PLUS MANY OTHER FARMERS, AND THEN THAT WOULD GIVE US A LOT MORE TO CHOOSE FROM. ALSO TO SUPPORT. AND WHY NOT JUST A BETTER PLACE TO GO TO GET THE BEST FOOD LOCALLY. AGAIN, WHY -- THE FARMERS MARKET? THE EDUCATION THAT WE ALL RECEIVE FROM THE FARMERS ON EITHER HOW THE PRODUCT IS GROWN TO HOW TO USE IT PROPERLY THROUGH THE RECIPES AND THE TRUE MEANING OF SEASONS. THE BEST THING THAT WE LEARN IS HOW THE FOOD TRULY IS SUPPOSED TO TASTE. FOR AN EXAMPLE, A TOMATO, IF ANYBODY HAS HAD A TOMATO THIS SUMMER PICKED OUT OF A GARDEN, THEN YOU KIND OF KNOW THAT VERSUS GOING DOWN TO YOUR LOCAL SUPERMARKET AND GETTING A TOMATO THERE. AS FAR AS THE SUSTAINABLE FOOD CENTER, FARMERS MARKET WOULD MEAN ANOTHER VENUE FOR EDUCATIONAL PROJECTS. LIKE THE ONE THAT I WAS INVOLVED IN. IT INVOLVED GARZA JUNIOR HIGH, A SCHOOL ON THE EAST SIDE, WHERE THE STUDENTS HAD TO PUT TOGETHER A BUSINESS PLAN FOR A GARDEN FROM RAISING THE MONEY TO PLANNING WHAT TO GROW AND FOR WHO. THE KIDS CAME TO ME WITH A PRESENTATION AT THE RESTAURANT, ASKED ME WHAT I WOULD NEED FOR MY MENU. AND SEVERAL MONTHS LATER, THEY BROUGHT ME PRODUCTS. A PRODUCT THAT THEY HAD -- THEY HAD NEVER TASTED BEFORE FRESH OR HAD ONLY TASTED OUT OF A CAN. I THOUGHT THAT WAS A PRETTY AMAZING PROJECT. THIS WOULD JUST EXTEND OVER TO THE FARMERS MARKETS. THESE KIDS GOT TO SEE [BUZZER SOUNDING] HOW HARD IT IS TO FARM AND TO RUN A BUSINESS. AGAIN, WHY A FARMERS MARKET? IT'S ABOUT BRINGING ALL TYPES OF PEOPLE TOGETHER FOR GREAT PURPOSE, EDUCATION, COMMUNITY, AND FOOD, FOOD, GREAT FOOD. THANK YOU.

THANK YOU, MR. FOX. SUZANNE SANTOS, FOLLOWING MS. SANTOS, CAMILLE PERRY. WELCOME.

THANK YOU. GOOD AFTERNOON, MAYOR, COUNCILMEMBERS. AND OTHERS. MY NAME IS SUZANNE SANTOS, I'M THE PROJECT DIRECTOR OF THE FARMENTERS MARKET INITIATIVE A PROJECT OF THE SUSTAINABLE FOOD CENTER. YOU HAVE HEARD REMARKS FROM SEVERAL FARMERS MARKETS SUPPORTERS BEFORE ME OVER THE PAST FEW WEEKS ABOUT THE MERIT OF INVESTING IN THE DOWNTOWN DESTINATION FARMERS MARKET. WE HAVE COME TO YOU PUBLICLY TO APPLAUD YOU AND TO THANK YOU AND TO APPEAL TO YOU. THIS MONTH WE WILL BE PRESENTING TO THE COUNCIL AND STAFF FOR FINAL RECOMMENDATIONS ON A SITE FOR THE MARKET. OUR RESEARCH FINDINGS FROM A PUBLIC SURVEY AND NEVER BEFORE CAPTURED INFORMATION ON THE CENTRAL TEXAS AGRICULTURE COMMUNITY. THIS ASSESSMENT OF THE SUPPLY AND DEMAND FOR A VIBRANT COMMUNITY MARKET WOULD NOT HAVE BEEN POSSIBLE WITHOUT LAST YEAR'S CITY SUPPORT. WE THANK YOU. WE APPEAL TO YOU NOW AND TO CITY DEPARTMENTS TOUCHED BY THE IMPACT OF THE MAJOR DOWNTOWN FARMERS MARKET YET TO COME, TO ADVOCATE THE ALLOCATION OF RESOURCE TO HELP US TO COMPLETE THE COMMITMENT TO OUR COMMUNITY TO FULFILL THE NEEDS THAT HAVE BEEN EXPRESSED. THESE NEEDS INCLUDE MORE THAN 67% OF THE AUSTIN PEOPLE POLLED IN THE MARKETING SURVEY SAID THEY WOULD COME TO A DOWNTOWN AUSTIN CITY CENTERED FARMERS MARKET. ABOUT A THIRD OF US IN TRAVIS COUNTY ARE AT RISK OF DIABETES AND OTHER DIET RELATED ILLNESSES. OUR CHILDREN ARE EVEN WORSE OFF. LOW INCOME ADULTS IN MONTOPOLIS AND CENTRAL EAST AUSTIN AND N A CITY SPONSORED SURVEY IN RECENT YEARS EXPRESSED NEEDS FOR AN OUTLET, MUCH LIKE MARIA PAREDES, TO USE THEIR SKILLS OF FOOD PREPARATION ABOVE ALL OTHER SKILLS TO GAIN EMPLOYMENT AND MICROENTERPRISE REVENUE. SALES TAX REVENUES ARE NEEDED AND ACTIVITY DOWNTOWN IS IMPERATIVE FOR THE CITY'S FUTURE ECONOMIC HEALTH AND SOCIAL CAPITAL REWARDS. WE ASK YOU TO LEVERAGE THE CITY'S RESOURCES LIKE LAND FOR THE SITE, WAIVERS ON FEES, STAFF EXPERTISE, WHICH THEY ALREADY HAVE CONTRIBUTED BUT WE NEED TO CONTINUE THE MOMENTUM. TRAFFIC ADJUSTMENTS AND SO ON. SO THAT WE CAN IN TURN GAIN FINANCIAL INVESTMENT FROM CORPORATE AND PRIVATE PARTNERS AND INDIVIDUALS THAT TRULY VALUE THE EFFORT THAT THE CITY IS MAKING TO REACH THE GOAL OF OPENING THE FARMERS MARKET DOWNTOWN THIS SPRING, 2003. PEOPLE LIKE THOSE IN THE AUDIENCES, THE KAREN, JUST COMMUNITY, MELISSA MILLERS, MARIA PAREDES, EMMETT FOX ALL OF YOU COULD CELEBRATE COME THIS SPRING, THE SEEDING OF A MARKET THAT WOULD YIELD SO MANY POPULAR RESULTS. I READ FROM LOCAL FLAVORS: FOOD COMES FROM SOMEWHERE. NOT SOMEWHERE ELSE. ALTHOUGH THIS DIDN'T USED TO BE SO, KNOWING WHO PRODUCED WHAT WE EAT IS ONE OF THE MOST EXTRAORDINARY EXPERIENCES A DINER CAN HAVE TODAY. ONE THAT ALLOW US TO DISCOVER THAT OUR LIVES ARE INEXTRICABLY CONNECTED TO OTHERS [BUZZER SOUNDING] MAGICALLY THEY CREATE A HUMAN SPACE THAT LEADS US BACK TO THE MOST ANCIENT CENTERS OF CIVILIZATION AS WELL AS TO THE PRESENT CYCLES OF THE SEASONS, WE CAN'T LIVE WITHOUT FOOD. AS THE COMMUNITY OF AUSTIN, WE CAN'T LIVE WELL WITHOUT GOOD FOOD. LET'S OPEN A MARKET AND LIVE WELL AND LIVE LONG IN AUSTIN. THANK YOU.

Mayor Garcia: THANK YOU, MS. SANTOS, CAMILLE PERRY? MS. PERRY, WELCOME. FOLLOWING MS. PERRY IS SUSANA ALMANZA AND MS. PERRY, WELCOME.

THANK YOU, FIRST OF ALL, I DO WANT TO THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS ISSUE AGAIN AND TO -- I APPRECIATE THE TIME AND CONSIDERATION THAT YOU GIVE TO THE MATTER. IN THE HANDOUT THAT I PREPARED, I REVIEWED BRIEFLY CONCERNS PRESENTED BEFORE AND I HAVE LISTED SOME THINGS THAT I HAVE WITNESSED SINCE THEN THAT FURTHER SUPPORT MY POSITION. THE SOUTH LAMAR NEIGHBORHOOD ASSOCIATION TOOK THEIR FIFTH VOTE ON THIS PROPOSED ORDINANCE LAST WEEK. WHEN I ASKED THE PRESIDENT PRIOR TO THIS WHY HE KEPT CALLING FOR MORE VOTES, HE SAID THAT IT WOULD BE TOO COSTLY THE WAY THE ORDINANCE IS WRITTEN TO VOTE LATER. IF THAT IS THE CASE, IT MAKES IT ALMOST IMPOSSIBLE TO CHANGE LATER. THEREFORE I BELIEVE THE BAR FOR INCLUSION NEEDS TO BE SET HIGH ENOUGH TO ENSURE THAT ANY AREA LISTED IN SUPPORT OF THIS ORDINANCE IS INDEED THE WILL OF THE MAJORITY OF RESIDENTS IN THAT AREA. I HAVE LISTED FIVE MEASURES THAT I BELIEVE NEED TO BE MANDATED AND ENFORCED WITH MEANINGFUL SANCTIONS IF IGNORED. ONE OF THESE CALLS FOR A SECRET BALLOT. WHICH WOULD SUPPORT HARMONY INSTEAD OF DISCORD WITHIN THE NEIGHBORHOODS. THE OTHERS ALSO FOLLOW USUAL ELECTION PROCEDURES. AGAIN, I THANK YOU. I WOULD LIKE TO PASS THESE OUT.

Mayor Garcia: THANK YOU, MS. PERRY. SUSANA ALMANZA.

GOOD AFTERNOON, MAYOR, MAYOR PRO TEM, CITY COUNCIL MEMBERS, I'M SUSANA ALMANZA WITH PODER, I'M HERE TO TALK ABOUT AGAIN THE ISSUES THAT HAVE BEEN IMPACTING OUR COMMUNITY FOR DECADE. A LOT OF THESE FACILITIES, EVEN THOUGH WE HAVE RELOCATED AND CLOSED DOWN THE TANK FARM AND B.F.I., WE STILL HAVE A LOT OF HAZARDOUS HEALTH SAFETY IMPACTING FACILITIES IN OUR COMMUNITIES. ONE OF THOSE THAT WE HAVE BEEN STRUGGLING FOR A LONG TIME IS THE 1618 TILLERY, THAT'S JUST ONE OF THEM, WE STILL HAVE A LOT OF SCRAP METAL PLACES, PLACES THAT ARE STILL LIEUTENANTING IN OUR COMMUNITY. THEY ARE GOING TO BE VERY DIFFICULT TO ADDRESS, EVEN IF WE ARE ABLE TO DOWN ZONE THEM FROM LIMITED INDUSTRIAL TO COMMERCIAL SERVICES. BECAUSE THERE'S ALWAYS THAT THREAT THAT -- THAT WE ARE IN THE TAKINGS OR WE ARE SPOT ZONING BECAUSE IN OUR COMMUNITIES WE HAVE INDUSTRIAL FACILITIES RIGHT ADJACENT OR NEXT DOOR TO HOMES AND THAT MAKES IT REAL DIFFICULT. SO WE ARE -- WE HAVE A LOT OF CHALLENGES, ESPECIALLY IN THE JOHNSON-GOVALLE PLAN. FOR INSTANCE, WE HAVE THE TRIGAS FACILITY AT THE CORNER OF EAST FIFTH AND SPRINGDALE THAT'S JUST DOWN THE STREET FROM BROOKE ELEMENTARY. THAT STORES SOLVENTS AND GASES. SO YOU CAN IMAGINE IF WE HAVE A CRISIS THERE OR AN EXPLOSION, THE NEIGHBORHOOD, WHICH IS JUST ACROSS THE STREET AND THE ELEMENTARY, THAT IS A BIG HAZARD. WE HAVE TO DO SOMETHING TO CHANGE THE DYNAMICS IN COMMUNITIES OF COLOR. EAST OF I-35. AND I PARTICULARLY LIKE THIS RESOLUTION, IT'S ITEM 62. APPROVE A RESOLUTION DIRECTING THE CITY MANAGER TO MAKE RECOMMENDATIONS FOR UTILIZING A NON-PROFIT ORGANIZATION OR ACCOUNT THAT WOULD COLLECT FUNDS TO PURCHASE LAND, I WOULD ONLY CHANGE IT TO PURCHASE THE HAZARDOUS LANDS INDUSTRIES IN EAST AUSTIN, MORE SPECIFICALLY THOSE INDUSTRIES THAT ARE HAZARDOUS IN ANY WAY THAT IMPEDE THE SAFETY OF OUR CHILDREN. INDUSTRIES THAT ARE ADJACENT TO HOMES OR ACROSS THE STREET FROM SCHOOLS, THAT THIS FUND COULD BE ESTABLISHED. THAT IS NOT THE ONLY ENDANGERED THING IN OUR COMMUNITY OR IS THE SALAMANDER. WE ALSO SAY BROWN CHEEKED WARBLERS. OUR CHILDREN ARE VERY MUCH IN DANGER. WE HAVE BEEN LIVING WITH POLLUTION FOR A LONG TIME. I WOULD SAY WE HAVE A LOT OF ENDANGERED COMMUNITIES OF COLOR EAST OF I-35. AND IT'S NOT RIGHT. IF YOU ARE GOING TO SEEK FUNDS TO BUY LAND AND PROTECT THE EDWARD'S AQUIFER AND THE SALAMANDER, WHICH I HAVE NO QUARRELS ABOUT, ALL THAT I'M ASKING FOR IS EQUITY. THAT YOU ALSO PUT UP THAT MONEY BECAUSE THE ONLY WAY THAT WE ARE GOING TO RELOCATE THOSE FACILITIES FROM OUR COMMUNITY, BECAUSE EVEN IF WE REZONE THEM, THEY ARE STILL GRANDFATHERED, WE NEED TO GET THEM OUT OF OUR COMMUNITY. SO PLEASE LOOK AT OUR ALTERNATIVE RESOLUTIONS TO HELP OUR ENDANGERED SPECIES, ALSO.

THANK YOU, MS. ALMANZA. DOCTOR SYLVIA HERRERA, FOLLOWING DR. HERRERA, LYNN GOODMAN-STRAUS. WELCOME.

GOOD AFTERNOON, COUNCIL. I'M HERE REPRESENTING PODER, BUT ALSO REPRESENTING MYSELF AS A RESIDENT OF THE GOVALLE AREA. AND OUR NEIGHBORHOOD HAS BEEN PARTICIPATING IN THE NEIGHBORHOOD PLAN AND I'M HERE TO ADDRESS CITIZEN COMMUNICATION AND PARTICIPATION. AS SUZANNA MENTIONED THE GOVALLE JOHNSSTON TERRACE AREA IS OVER AN AN BAN DANCE OF -- ABUNDANCE OF INDUSTRIAL ZONING. WE HAD SINGLE FAMILY HOMES IN THE AREA THAT WERE ACTUALLY ZONED INDUSTRIAL. WE WERE REALLY MOVING FORWARD WITH THOSE CASES, BUT WHEN THE NEIGHBORHOOD PLANNING PROCESS WAS PUT IN PLACE, THAT -- THAT CAME TO A HALT. HOWEVER, WE ARE STILL -- STILL RECEIVING CASES OR HAVING TO DEAL WITH CASES THAT ARE -- THAT HAVE MOVED FORWARD THAT ARE OTHER PROPERTIES THAT -- THAT WANT TO BE REZONED OR WANT TO DO CERTAIN THINGS ON THOSE PARTICULAR -- OTHER PROPERTIES. SO -- SO ON ONE HANDSOME OF THE CITIZENS HAVE NOT BEEN ABLE TO PARTICIPATE AS RESIDENTS, BUT YET OTHER PROPERTY OWNERS THAT HAVE LIGHT INDUSTRIAL OR COMMERCIAL PROPERTIES HAVE BEEN ABLE TO MOVE FORWARD WITH SOME OF THOSE CASES. WHICH -- WHICH BRINGS ME UP TO THE -- TO THE 618 TILLOYY WHERE OUR RESIDENTS HAVE PARTICIPATED IN CITIZENS COMMUNICATION AND HAVE ACTUALLY BEEN TREATED VERY UNFAIRLY OR AT LEAST RUDELY, NO RESPECT FOR OUR ELDERS AND EVEN JUST FOR THE GENERAL COMMUNITY IN PRESENTING INFORMATION REGARDING THESE CASES. I WANT YOU TO BE AWARE THAT WE BRING THAT INFORMATION FORWARD BECAUSE A LOT OF TIMES THE NEW PLANNING COMMISSIONERS DON'T HAVE THAT INFORMATION IN THEIR BACKUP OF THE CASE IN HAND. THE OTHER PROBLEM THAT WE HAVE ENCOUNTERED IS THAT AS THESE ZONING CASES ARE MOVING FORWARD, ALL THE INFORMATION IS NOT THERE. THERE -- IT'S NOT BEING COMMUNICATED BETWEEN CODE ENFORCEMENT ON ONE HAND AND THEN THE ZONING CASE MANAGERS AND PRESENTED THEREFORE TO THE PLANNING COMMISSION OR TO THE ZONING AND PLATTING COMMISSION. SO THERE SEEMS TO BE A LACK OF COMMUNICATION BETWEEN -- BETWEEN CODE ENFORCEMENT, IF THERE HAVE BEEN NOTICES OF VIOLATION ON SOME OF THESE PROPERTIES, THAT DOESN'T GET PUT IN THE FOLDER OR THE FILE FOR THESE ZONING CASES THAT ARE GOING BEFORE -- BEFORE THE PLANNING COMMISSION. AND I WANT YOU TO BE AWARE OF THAT BECAUSE THAT'S PRECISELY WHAT HAPPENED AGAIN WITH THE 618 TILLERY CASE. SO WE NEED TO HAVE SOME KIND OF MECHANISM SO THAT THERE IS BETTER COMMUNICATION AMONG THE DIFFERENT PARTIES THAT ARE BEING AFFECTED BY THE -- BY THE ZONING PROCESS. THANK YOU.

Alvarez: MAYOR, I HAD A QUESTION THERE.

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Alvarez: YES, MS. HERRERA, YOU MENTIONED LOOKING AT SOME CODE COMPLIANCE ISSUES. WAS THAT ALSO PART OF WHAT WAS HAPPENING WITH THAT -- WITH THAT TILLERRY CASE OR -- PREVIOUS OPERATORS WERE --

THERE WERE --

-- [INAUDIBLE]

THERE WAS A NOTICE OF VIOLATION THAT HAD BEEN ISSUED BUT IT WAS NOT IN THE CASE, IN THE ZONING CASE FILES, SO IT WAS NOT PRESENTED TO THE ZONING OR THE PLANNING COMMISSION.

SO THERE'S A VIOLATION THAT THEY WERE OPERATING OUTSIDE OF THE PARAMETERS OF THE ZONING AND HADN'T MOVED FORWARD TO -- TO CHANGE --

THERE WERE ABANDONED CARS ON THE PROPERTY AND THAT WAS -- THAT WAS NOT A USE.

Alvarez: OKAY, I WAS JUST TRYING TO GET AN IDEA OF WHAT KIND OF VIOLATIONS YOU WERE REFERRING TO.

RIGHT. THERE'S OTHER VIOLATIONS THAT WE ARE LOOKING INTO.

Alvarez: THANK YOU VERY MUCH.

UH-HUH.

Mayor Garcia: THANK YOU, DR. HERRERA. LYNN GOODMAN-STRAUS, FOLLOWING MS. GOODMAN-STRAUS, MS. PEPPER HOOPS.

WELL, I'M BACK AGAIN. NOBODY HAS GIVEN ME ANY ANSWERS TO THE QUESTIONS THAT I ASKED TWO WEEKS AGO. SO TODAY I'M GOING TO MAKE IT REAL EASY AND REAL SHORT. YOU ARE GOING TO RECEIVE WHAT I AM SAYING WITH INTERNET REFERENCES TO THE ISSUES THAT I HAVE RAISED AND CONTINUE TO RAISE. MY MAIN CONCERN TODAY, THOUGH, REGARDS A PROMISE OF 18 TO $20,000 FROM THE CITY MANAGER'S OFFICE TO BUILD A FENCE AROUND THE ONLY OPEN SPACE IN WEST AUSTIN NEIGHBORHOOD, WANA GROUP, SO THAT DOGS CAN RUN FREE THERE. I DON'T THINK SHE'S INVESTIGATED THE ISSUES, I DON'T BELIEVE THAT. CERTAINLY THE CITY MANAGER HAS THE OPTION TO GIVE ANY MONEY IN HER BUDGET THAT SHE WANTS TO GIVE. EVEN THOUGH SERVICES AND EMPLOYEES THROUGHOUT THE CITY ARE BEING CUT TO ACCOMMODATE THE $29 MILLION DEFICIT. IT SOUNDS TO ME FROM HEARING THESE OTHER PEOPLE SPEAK THAT THEY COULD USE 18 OR $20,000 FOR ISSUES THAT AFFECT FAR MORE PEOPLE THAN A FEW DOG OWNERS IN THIS NEIGHBORHOOD. ONE OF YOUR AIDES, I'M NOT GOING TO SAY WHOSE IT WAS, BECAUSE I DON'T WANT TO EMBARRASS ANYBODY, BUT HOPEFULLY IT WILL AFFECT YOUR AIDES OR YOUR THINKING, WHOEVER IT CAME FROM, EXPLAINED TO MY NEIGHBORS THAT THIS 18 TO $20,000 IS JUST A LITTLE BIT OF MONEY DOESN'T REALLY AFFECT ANYTHING. APPARENTLY, HE JUST DIDN'T TALK TO A DEPARTMENT -- DEPARTMENT HEADS WHO HAVE CUT EMPLOYEES AND SERVICES. SO BEFORE MAKING THAT PROMISE OF MONEY, I WONDER WHY THESE ISSUES WERE NOT CLARIFIED -- AGAIN, THERE ARE REFERENCES AND THERE ARE LINKS ON THOSE REFERENCES TO MORE REFERENCES. ONE, LIABILITY. TWO, FENCING AND DRAINAGE ISSUES. PEPPER HOOPS IS ACTUALLY A MICROBIOLOGIST. HE DOESN'T WANT TO SAY THAT BECAUSE HE'S VERY MODEST, BUT HE HAS MANY YEARS EXPERIENCE. AND HE HAS REFERENCES FOR YOU. I COULDN'T MAKE VERY MANY COPIES, I ONLY MADE ONE FOR THE CITY MANAGER AND ONE FOR THE MAYOR, BUT I'M SURE THAT YOU HAVE COPY MACHINES. SO THEN WE GET DOWN TO HYGIENE. AND URINE KILLS GRASS. AND I WONDER IF IN THE CITY BUDGET OR THE CITY MANAGER'S BUDGET AN ALLOWANCE HAS BEEN MADE TO REPLACE THE SOD IN THE -- IN THE ATHLETIC FIELD, ASSUMING THAT ANYBODY WANTS TO PLAY IN THAT FIELD IF DOGS ARE RUNNING LOOSE AND LEAVING WASTE AND URINE. PARKING IS A REAL ISSUE. AND NUMBER 5 IS REALLY IMPORTANT, SUCCESSFUL DOG PARK PLANNING AND FINANCING. YOU KNOW, IF THERE WAS A WAY TO DO THIS WHOLE DOG PARK THING WRONG, WE HAVE GOT THE PRIZE. [BUZZER SOUNDING] THE LAST THING THAT I WILL SAY IS THE PROBLEMS WITH WEST AUSTIN PARK AND DOG USERS ARE NOT UNIQUE. THEY REFLECT A TREND THROUGHOUT PARKS IN THE CITY. AND WE ARE JUST GOING TO HAVE TO DECIDE AS CITIZENS AND COUNCIL REPRESENTING US WHAT OUR POLICY FOR PARKS IS GOING TO BE MUCH OWNING A DOG IS NOT A RIGHT. IT'S A RESPONSIBILITY. IT IS A PRIVILEGE. AND I DON'T BELIEVE THAT I HAVE TO SACRIFICE MY PARK FOR DOGS OR ANY OTHER ANIMALS, NOR SHOULD OTHER CITIZENS. THANK YOU.

Mayor Garcia: THANK YOU, MS. GOODMAN-STRAUS. PEPPER HOOPS AND THEN FOLLOWING MR. HOOPS MR. PAUL ROBBINS, MR. HOOPS, WELCOME, SIR.

THANK YOU. MAYOR AND CITY COUNCIL MEMBERS, THANK YOU FOR LETTING ME SPEAK THIS MORNING. I HAVE LIVED IN AUSTIN FOR 30 YEARS. A LITTLE OVER 30 YEAR. AND 20 OF THAT HAS BEEN SPENT WORKING AT THE [INAUDIBLE] RESEARCH INSTITUTE AND IN THE DEPARTMENT OF MICROBIOLOGY AT THE UNIVERSITY OF TEXAS. I THEN WENT BACK TO BECOME A SECOND CAREER MINISTER. SO THAT'S THE MAIN REASON I DIDN'T WANT TO -- I HAVE SEVERAL -- A COUPLE OF SAFETY AND HEALTH CONCERNS REGARDING CONVERSION OF THIS TO A DOG PARK THAT I THINK YOU ALL NEED TO CONSIDER. I WOULD LIKE TO PUT IT IN FORMAL QUESTIONS. I WOULD LIKE TO KNOW WHOM WAS CONSULTED BY UPPER STAFF AFTER THE DECISION THAT THE PARK BOARD MADE 7 TO 0 AGAINST THIS CONVERSION, CERTAINLY IT WAS NOT THE CENTER FOR DISEASE CONTROL. IT TURNS OUT THAT THEY REPORT THAT DOG BITES ARE THE SECOND LEADING CAUSE OF INJURY TO CHILDREN UNDER THE AGE OF 10. NOW, THAT'S -- YOU ARE PUTTING IN A SMALL AREA, YOU ARE PUTTING DOGS AROUND CHILDREN AND PEOPLE IN MUCH CLOSER CONTACT THAN YOU DO IN ANY OTHER DOG PARK IN THE CITY. THAT'S A CONCERN. OBVIOUSLY THE PEOPLE THAT -- THAT OVERRID THIS DECISION DID NOT TALK TO THE STAFF PEOPLE AT THE -- IN YOUR OWN DEPARTMENT OF WATERSHED -- ENVIRONMENTAL RESOURCE MANAGEMENT. IN YOUR OWN WEBSITE, THEY UTILIZE DATA FROM A STUDY THAT THEY GOT FROM THE TRACTION CARVE -- FROM THE TEXAS RESOURCE CONSERVATION COMMISSION, STRAP PLATING DATA FOR THE 1990 CENSUS, YOU HAVE THE 2,000 CENSUS NOW BUT YOU HAVEN'T DONE IT, THAT THERE WOULD BE APPROXIMATELY 30,000 DOGS IN THE TOWN LAKE WATERSHED THAT WOULD GENERATE APPROXIMATELY 250-TONS OF DOG WASTE INTO THE ENVIRONMENT, 35-TONS OF WHICH WILL GO INTO YOUR STREAMS AND YOUR STORM DRAINS. NOW, COMMON SENSE THAT THESE NUMBERS ARE GOING UP AS MORE AND MORE PEOPLE COME TO AUSTIN AND LIVE IN THOSE AREAS. WE ALSO -- YOU ALSO HAVE YOUR -- A CITY STAFF MEMBER PART OF A GROUP THAT REPORTED IN A JOURNAL, CURRENT JOURNAL ON WATERSHED PROTECTION TECHNIQUES. THAT THE -- THAT MEASUREMENTS OF STORM RUNOFF ARE GREATER IN SEMI AIR RID AND TOP TOPOLOGICALLY HILLY AREAS SUCH AS AUSTIN. THEY BACK THIS UP IN ESTUARIES ALONG TOWN LAKE. OVER THAT THEY SHOWED THERE WAS FIVE AND A HALF TIMES MORE FECAL COLOFORM BACTERIA GOING INTO TOWN LAKE THAN THE NATIONAL AVERAGE. THAT MEANS THAT WE HAVE ALREADY GOT PROBLEMS. AND WHEN YOU ALLOW DOGS TO GO LEASH FREE, I DON'T KNOW ABOUT YOU [BUZZER SOUNDING] BUT MOST OF THE TIME IF A DOGGINGS 200 FEET OVER THERE TO PLAY AND DUMPS OVER THERE, I'M NOT GOING TO WALK 200 FEET TO PICK IT UP, IT MIGHT DO IT IF HE'S ON A LEASH BESIDE ME. FINALLY, MY LAST QUESTIONS ARE THIS: IF THE PARK BOARD HAD AVAILABLE DATA INDICATING THAT LEASH FREE AREA IN WEST AUSTIN PARK COULD ONLY EXACERBATE CURRENT HEALTH AND SAFETY PROBLEMS FOR TOWN LAKE, WHY WOULD THE CITY COUNCIL OR CITY MANAGER'S OFFICE OR SOMEONE IN THE UPPER ECHELON OVERRIDE YOUR OWN PARK BOARD WHO ACTUALLY DID THE WORK? SECOND, LASTLY, IS WHY ARE YOU CAVING IN TO SPECIAL INTERESTS RATHER THAN THE COMMON SENSE AND COMMON GOOD OF THE PEOPLE IN THE NEIGHBORHOOD?

Mayor Garcia: THE ANSWER TO THAT IS WE WILL MAKE SURE THAT EVERYTHING IS WORKING PROPERLY AND THE CITY MANAGER HAS, YOU KNOW, ASSURED ME THAT THAT'S GOING TO HAPPEN, SHE WILL EXPLAIN TO THE NEIGHBORHOOD LATER HOW SHE WILL PROCEED. BUT I APPRECIATE YOUR COMMENTS, THANK YOU VERY MUCH, SIR.

THANK YOU.

Mayor Garcia: MR. PAUL ROBBINS. WE ONLY ARE GOING TO ALLOW YOU TO SPEAK ON NOT AVAILABLE. [ LAUGHTER ] YOU CANNOT SPEAK ON ANYTHING HE IS. ANYTHING -- ON ANYTHING ELSE.

CITIZENS OF AUSTIN, CITY COUNCIL, A FEW WEEKS AGO COUNCIL DECIDED TO ALLOCATE BONDS TO AN AFFORDABLE HOUSING PROJECT CALLED PLEASANT VALLEY VILLAS, DESPITE PROTESTERS FROM MYSELF AND THE MAJORITY OF NEIGHBORS IN THE AREA. I PREDICTED AT THE TIME THAT SINCE THE PROCESS TO APPROVE THIS PROJECT WAS BEING RUSHED, THERE MIGHT BE COST OVERRUNS THAT WOULD MAKE THIS PROJECT MORE EXPENSIVE. I HAVE MADE SIMILAR PREDICTIONS ON OTHER CITY PROJECTS SEVERAL TIMES BEFORE AND HAVE UNFORTUNATELY BEEN VINDICATE. USUALLY, IT TAKES A COUPLE OF YEARS FOR SUCH FAILURES TO BECOME APPARENT, BUT I HAVE FOUND WHAT I PREDICT WILL BE THIS PROJECT'S FIRST OVERRUN IN -- AND IT DIDN'T TAKE BUT A FEW DAYS. COUNCIL, THE MAP YOU SEE BEFORE YOU, IS A PORTION OF THE DISPUTED PROPERTY THAT PLEASANT VALLEY VILLAS WILL BE LOCATED ON. NOTICE THE RIGHT-OF-WAY THAT -- THAT IS DEDICATED FOR THE UNBUILT EXTENSION OF PLEASANT VALLEY ROAD. AND NOW NOTICE THE VALERO NATURAL GAS PIPELINE THAT RUNS THROUGH IT. THE PIPELINE HAS BEEN SOLD TO PAFK GAS AND -- PACIFIC GAS AND ELECTRIC. I INTERVIEWED THE ENGINEER AT P.G.E. WHO DEALS WITH PIPELINE RELOCATION ISSUES. HE SAYS THE ONLY TIME THE COMPANY ALLOWS THE PIPELINE TO BE COVERED WITH STREETS IS FOR SHORT SECTIONS WHERE A STREET CROSSES AND INTERSECT. LONG CONTINUOUS SECTIONS LIKE THE ONE THAT YOU ARE VIEWING CANNOT BE COVERED. IT MEANS THAT EITHER THE PIPELINE OR THE ROADWAY WILL HAVE TO BE RELOCATED, BOTH AT CONSIDERABLE EXPENSE. HE ALSO TOLD ME THAT NO ONE FROM THE DEVELOPMENT HAS EVER CONTACTED HIM REGARDING THE MATTER. MAKING IT IMPOSSIBLE TO KNOW THE COST. HOW MUCH? WELL, THE ENGINEER COULD NOT RIGHTLY TELL ME. EACH RELOCATION PROJECT HAS ITS OWN SITUATION AND COST. BUT AS AN EXAMPLE, HE -- HE THREW OUT A RECENT RELOCATION IN EAST AUSTIN THAT IF EX-STRAP PLATED -- EXTRAPOLATED TO PLEASANT VALLEY AT ITS LENGTH WOULD COST ABOUT $600,000, THAT DOES NOT INCLUDE PORTIONS DOWN THE RIGHT-OF-WAY THAT WOULD POSSIBLY HAVE TO BE ALTERED AS WELL. SOME PIPELINES COST MILLIONS OF DOLLARS TO RELOCATE. COUNCIL, YOU ARE IN A TIGHT BUDGET YEAR. WHERE WILL YOU FIND THE MONEY FOR THIS OVERRUN? AND MOST -- MORE IMPORTANTLY, WHY WEREN'T THE PUBLIC AND COUNCIL TOLD? I REALIZE THAT COUNCIL VOTED ON THE RECORD FOR AFFORDABLE HOUSING AND THAT'S WHAT DROVE YOUR VOTE. BUT IF YOU WANT TO SUCCEED, DON'T YOU WANT ALL OF THE INFORMATION? MS. FUTRELL, I'M REQUESTING OF YOUR OFFICE THAT SOMEONE CONTACT ME TO ANSWER QUESTIONS ABOUT THIS SPECIFIC MATTER, SO THAT WE CAN FIND OUT WHAT THE COSTS WILL BE. [BUZZER SOUNDING] I'M IN THE BOOK.

Mayor Garcia: THANK YOU, MR. ROBBINS.

Futrell: YOU ARE NOT ONLY IN THE BOOK, YOU ARE IN MY PERSONAL CONTACT LIST. WE WILL HAVE SOMEONE CALL YOU AND ANSWER WHATEVER -- WHATEVER ANSWERS WE CAN GIVE YOU TO YOUR QUESTIONS.

WELL, GOSH.

Futrell: GOSH?

Mayor Garcia: LET ME READ THE TIME CERTAINS, BECAUSE WE ARE GOING TO GO TO ONE OF THOSE ITEMS AT THIS TIME. THEN WE WILL COME BACK AND READ CHANGES AND CORRECTIONS AND THE REST OF THE AGENDA ITEMS AS WE MOVE THROUGH. BUT WE HAVE COMPLETED CITIZENS COMMUNICATION. THE 1:30 TIME CERTAIN. 2:00 P.M. BRIEFING AND PRESENTATION BY THE PUBLIC SAFETY TASK FORCE, THAT'S ITEM NO. 57 TIME CERTAIN AT 2:00 P.M. AT 4:00 P.M. WE WILL HANDLE ZONING ITEMS. ITEMS Z 1 THROUGH Z 3. AND AT 5:30 WE HAVE LIVE MUSIC AND PROCLAMATIONS. AND AT 6:00 P.M. WE HAVE THE PUBLIC HEARINGS, ITEMS 64 THROUGH 70. AT THIS TIME I WILL RECOGNIZE COUNCILMEMBER THOMAS WHO CHAIRED THE PUBLIC SAFETY TASK FORCE, COUNCILMEMBER THOMAS?

Thomas: THANK YOU VERY MUCH, MAYOR. MAYOR AND COUNCIL. AND CITY MANAGER. TODAY IS A BLESSED DAY IN THE CITY OF AUSTIN. WE ARE GOING TO PRESENT TO YOU SOME OF THE FINDINGS AND RECOMMENDATIONS FROM THE PUBLIC SAFETY TASK FORCE. I CAME SAY FOR MYSELF THIS WAS AN HONOR TO CHAIR A -- TO CHAIR A TASK FORCE OF THIS CALIBER. THE PEOPLE THAT SERVED ON THE TASK FORCE WERE EXCELLENT, WERE VERY SUPPORTIVE, WORKED WELL TOGETHER. AND WE HEAR -- WE ARE HERE TO DO A PRESENTATION. MY VICE CHAIR VERY CAPABLE VICE CHAIR, MR. EVANS IS GOING TO COME FORWARD. AND GIVE YOU THE PRESENTATION OF THE PUBLIC SAFETY TASK FORCE. FINDINGS AND RECOMMENDATIONS.

MR. EVANS, WELCOME, SIR.

THANK YOU, VERY MUCH. GOOD TO BE HERE BEFORE YOU TODAY. COUNCILMEMBER, DID YOU WANT TO DO SOME OF THE PRESENTATIONS AHEAD IN RECOGNIZING INDIVIDUAL MEMBERS?

Thomas: JUST GO AHEAD AND DO -- IT'S IN YOUR COURT.

OKAY. WELL, I STEPPED OUT TO TRY TO BRING SOME OF THESE ACTIVE INDIVIDUALS IN. SINCE THEY HAVEN'T ALL STEPPED IN YET, WE WILL GO AHEAD WITH THE REPORT AND THEN WE WILL RECOGNIZE THE CONTRIBUTORS HERE AT THE END.

Thomas: OKAY.

I'M HERE TODAY TO PRESENT TO YOU THE PUBLIC SAFETY TASK FORCE WRITTEN REPORT. I WOULD LIKE TO COMPLIMENT THE MAYOR AND CITY COUNCIL FOR BRINGING AN IN-DEPTH FOCUS ON A PRIORITY AND CHARGING THIS TASK FORCE WITH IMPORTANT ISSUES AND COMPLETING A REPORT AND DELIVERING IT BACK TO YOU IN A TIMELY WAY FOR CONSIDERATIONS IN THE '03 BUDGET PROCESS. THIS WAS A VERY ACTIVE GROUP THAT MET FOR NEARLY SIX MONTHS. 20 MEMBERS FROM A WIDE BREADTH OF PRESENTATION, WE FOLLOWED THROUGH WITH THE OBJECTIVE CONTAINED IN YOUR CHARGE TO REVIEW THE ADEQUACY OF THE LOCAL STRATEGY FOR DETECTING, PREPARING FOR, PREVENTING, PROTECTING AGAINST AND RESPONDING TO AND RECOVERING FROM ANY INCIDENT THAT THREATENS OR PUBLIC SAFETY HERE IN AUSTIN. FROM THIS REVIEW, THE CHARGE THAT FOLLOWED WAS THE QUOTE "DEVELOP AND PRESENT RECOMMENDATIONS, INCLUDING THEIR FISCAL IMPACT OF ENHANCING THE ABILITY OF AUSTIN TO DETECT AND DETER HARMFUL ACTS AND TO COORDINATE A LOCAL RESPONSE." THE TASK FORCE PROCESS, UNDER THE LEADERSHIP OF -- OF COUNCILMEMBER THOMAS, WHO INVITED AN OPEN AND INTERACTIVE PROCESS, WHO KEPT THE INTERACTION PARS PARTICIPATE INVENTORY -- LED THIS GROUP OVER A PERIOD OF SIX MONTHS. THIS WAS SUCH A WIDE CHARITY THAT THE COMMITTEE ELECTED TO STRUCTURE THE REVIEW, STRUCTURE THE DISCUSSIONS AROUND THREE KEY AREAS. THOSE WERE HOMELAND SECURITY, PUBLIC SAFETY, AND PUBLIC HEALTH. IN THIS PROCESS, WE HEARD STAFF PRESENTATIONS, THOSE INDIVIDUALS IN THE CITY WHO ARE CHARGED IN THEIR RESPONSIBILITY TO PRESENT THE CURRENT PLANS, KEY INDICATORS, IN WAYS THAT WE COULD EVALUATE, ANALYZE AND UNDERSTAND OUR CHARGE WITHIN THESE THREE AREAS. THE REPORT ITSELF, YOU'VE BEEN DISTRIBUTED THE WRITTEN REPORT. THIS CANES A COVER TRANSMITTAL LETTER IDENTIFYING THE TASK FORCE MEMBERS DATED TODAY. IN -- IN COUNCIL ACTIONS, THE -- THEY CREATED THIS EFFORT. THE REPORT CONTAINS AN EXECUTIVE SUMMARY AND IT HIGHLIGHTS THE IMMENSE INVESTMENT THAT THIS CITY HAS MADE IN THESE THREE AREAS. IT HIGHLIGHTS THE FISCAL, THE VARIOUS EQUIPMENT, FACILITY, COMMUNICATIONS AND STAFF EFFORTS THAT WERE REQUIRED. IT'S JUST ONE EXAMPLE, SINCE 9-11, THE CITY HAS INVESTED OVER $19,400,000 IN RELATED HOMELAND SECURITY COSTS. THERE'S A ITEM PLAT THAT LAYS OUT AN -- TEMPLATE THAT LAYS OUT AN UNDERSTANDING IN THIS REPORT THAT LOOKS AT THE CURRENT EFFORT IN EACH OF THESE THREE AREAS. IT MEASURES AND LOOKS AT A REVIEW OF KEY INDICATORS. IN EACH OF THE THREE AREAS THEN THERE'S A FINDINGS SECTION THAT LISTS OUT HIGHLIGHTED FINDINGS. THESE ALSO INCLUDE AREAS NEEDING IMPROVEMENTS BECAUSE AGAIN OF THE COMPREHENSIVE NATURE OF THE REPORT, ONE TOP PRIORITY RECOMMENDATION, INCLUDING A RATIONALE WAS LISTED FOR EACH OF THE THREE THAT I HAVE HIGHLIGHTED EARLIER. THE TASK FORCE PROCESS. IN DEVELOPING THIS REPORT, DURING OUR PUBLIC AND OPEN MEETINGS, THERE WAS AN INVITED PARTICIPATION AND THERE WAS AT EACH MEETING A TIME FOR OPEN PUBLIC COMMENT. WE HEARD A GREAT DEAL ABOUT FOCUSED AREAS FOR INVESTMENT, COMMUNITY PREVENTION STRATEGIES AND TO UNDERSTAND PUBLIC SAFETY IN A CONTEXT WITH SUCH THINGS BEING CONSIDERED AS AFTER SCHOOL REPORTS AND CHILDREN AT RISK. WE HEARD ABOUT IMPROVING THE ODDS AND -- IN A DETAILED REPORT ON INCREASING OPPORTUNITIES IN AUSTIN. REVIEWED THE CITY'S BUDGET TO DATE FOR '03 WITH SOME CITIZENS RECOMMENDATIONS FOR INCREASE. AND THEN WE ALSO HEARD A PRESENTATION ON BEHALF OF CITIZENS FOR AN URGENT NEED FOR A HOSPITAL DISTRICT. I WILL -- THE TOP PRIORITIES DON'T HIGHLIGHT THIS -- THIS IDEA SPECIFICALLY UNDER INVESTMENT PREVENTION STRATEGIES, THESE ARE ADDRESSED AND THERE WAS A GREAT DEAL OF DISCUSSION THAT OUR WORK SHOULD INCLUDE ALL OF THE CITIZENS -- AND NOT -- NOT ACCEPT BARRIERS OF SUCH THINGS AS LANGUAGE OR DISABILITY, CONGREGATE LIVING AND FOR EACH OF OUR CITIZENS THERE SHOULD BE A PLAN IN PLACE PROTECTING SAFETY. HIGHLIGHTS, THIS FIRST SECTION UNDER HOMELAND SECURITY, AGAIN, A WIDE RANGE OF ACTIVITIES THAT WERE PRESENTED BY THE CHIEFS IN THE VARIOUS AREAS OF PLANNING AND LEADERSHIP RESPONSIBILITIES WITHIN THE CITY. AGAIN A -- MOST OF THIS FOCUS WAS ON ACTIVITIES THAT HAVE TAKEN PLACE SINCE SEPTEMBER 11TH. WE ALSO REVIEWED ENHANCED SECURITY MEASURES THAT THE CITY HAS TAKEN FOR ITS INFRASTRUCTURE. THE REPORT CONTAINS BULLETED IDEAS AND -- IN AREAS AROUND EVERYTHING FROM THE SECURITY OF OUR DAMS TO -- TO RELIABLE AND SECURE TELECOMMUNICATIONS. HIGHLIGHTS AROUND PUBLIC SAFETY. WE LOOKED AT UNDER -- UNDER OUR CURRENT YEARS BUDGET OF A COMBINED BUDGET OF -- OF SEVERAL AREAS OF PUBLIC SAFETY, THAT'S AT A CURRENT LEVEL OF $234.4 MILLION. WE REVIEWED THE STAFFING LEVELS, EMERGENCY MEDICAL SERVICES, FIRE DEPARTMENT, OUR AUSTIN POLICE DEPARTMENT. IT WAS MORE SPECIFIC AND DIRECT REVIEW OF CURRENT STAFFING LEVELS, AND ALSO WE HEARD PRESENTATIONS ON BEST PRACTICES AND STATE AND FEDERAL RECOMMENDATIONS FOR STAFFING IN RESPONSE -- AND RESPONSES WITHIN THESE AREAS. THE REPORT ALSO LOOKS AT THE FIVE-YEAR FORECAST. THERE WAS AN IDEA AND AN EFFORT ON PART OF THE TASK FORCE MEMBERS TO -- TO LOOK AHEAD AT TRENDS AND TO MAKE RECOMMENDATIONS AND UNDER PUBLIC SAFETY THERE ARE EIGHT TOPICAL AREAS TO BE LOOKED AT FOR FUTURE PLANNING IN SPECIFIC IDEAS TO BE ADDRESSED. MOVING QUICKLY, BUT IN THIS REPORT, UNDER HIGHLIGHTS FOR PUBLIC HEALTH, THIS IS ON PAGE 7 OF YOUR REPORTS, WE LOOKED AT THE -- AGAIN BUDGETED AREAS OF OVER$103 MILLION. STAFFING LEVELS, WE LOOKED AT HEALTH AND HUMAN SERVICES ORGANIZATION AND ALSO OUR HEALTH -- OUR CITY HEALTH CLINICS. REVIEW DOWN THE NUMBER OF F.T.E.S IN -- THESE NUMBER OF CITIZENS SERVED ANNUALLY ARE THE PROJECTED YEAR END '02 LEVELS OF OVER 820,000 CITIZENS WHO THE PUBLIC HEALTH ADDRESSES AND ARE -- AND OUR LOCAL PUBLIC SAFETY NET AND THEN ALSO A PRIMARY CARE LEVELS ADDRESSING INDIVIDUAL THROUGH OUR CLINIC SERVICES. IN THIS AREA, THERE WERE -- THERE WERE EIGHT SPECIFIC, A BREAKOUT OF EIGHT RULES THAT NEED TO BE ADDRESSED AND THEN AN EMPHASIS ON FUTURE PLANNING IN ADDRESSING CONCERNS. NEXT I'M GOING TO QUICKLY MOVE TO THE FINDINGS IN THE TOP PRIORITY RECOMMENDATION FOR EACH OF THE THREE AREAS. THESE ARE DETAILED IN THE REPORT. AND AGAIN THEY FOLLOW, HAVING REVIEWED THE EFFORTS AND MEASURES, THE FINDINGS AND FUTURE CONSIDERATIONS. I WOULD LIKE TO MENTION THAT THERE ARE MANY FORMAL PLANS THAT ARE IN PLACE. THE DOCUMENT ITSELF INCLUDES REFERENCE PAGES AT THE END OF THE DOCUMENT. THAT NOT ONLY CONTAIN THE REFERENCES TO EACH OF THE PRESENTATIONS AND EACH OF THE STAFF PLANS, THAT THE TASK FORCE HEARD, BUT ALSO INCLUDES VERY FORMAL REVIEW OF THE CITY'S EMERGENCY PLAN AND -- AND THAT COMPREHENSIVE PLAN IS DETAILED IN ITS REFERENCE. HOMELAND SECURITY. THE FINDING THAT WE AS A CITY HAVE A WELL PLANNED, WELL EXECUTED OVERALL APPROACH AND THAT WE HAVE BEEN ON TARGET WITH COMMUNITY EXPECTATIONS, ECHOED THROUGHOUT THE DISCUSSIONS WERE THE IDEAS THAT AUSTIN STARTED EARLY. AUSTIN APPROACHED THIS ISSUE OF HOMELAND SECURITY WITH AN IDEA OF SEAMLESSNESS ACROSS THE DIVISIONS AND I OBSERVED IN EACH OF THE MEETINGS THE CHIEFS EASE WITH ONE ANOTHER AND ONE ANOTHER'S PLANS AS COORDINATED OUT OF THE CITY MANAGER'S OFFICE. THERE WAS ALSO ATTENTION PLACED TO THE STATE AND FEDERAL GUIDELINES REFERENCES AND OPPORTUNITIES. AND THERE WAS A PLEDGE IN EACH OF THE AREAS TO MAXIMIZE ANY FEDERAL GRANTS, ANY FEDERAL PASSAGE OF DOLLARS THAT SHOULD BE APPLIED IN LOCAL MUNICIPALITIES. THE RECOMMENDATION, THE TOP RECOMMENDATION THAT CAME OUT OF THE HOMELAND SECURITY WAS THE FORMALLY ADDRESS AND DEVELOP A CONTINGENCY PLAN TO ADDRESS THE NUMBER OF IF I SEE PHYSICIANS IN OUR HOSPITAL CAPACITY. BEHIND THIS RECOMMENDATION WE HEARD PRESENTATIONS FROM OUR HEALTH DEPARTMENT, WE HEARD PRESENTATIONS FROM OUR HEALTH NETWORKS. YOU CAN SEE IN THE REPORT HOW AUSTIN STACKS UP TO OTHER CITIES IN THE NUMBER OF AVAILABLE PRACTICING MEDICAL PERSONNEL. PUBLIC SAFETY, VERY SUMMARIZED BROAD FINDING THAT THE DEPARTMENTS HAVE A GOOD BUSINESS PLANNING MODEL. APPROPRIATE GOALS AND ARE MEETING AND EXCEEDING COMMUNITY EXPECTATIONS. EACH OF YOUR CITY DEPARTMENTS HAVE KEY INDICATORS, THEY HAVE A REPORT CARD, AS YOU KNOW, THAT'S AVAILABLE TO LOOK AT IN -- IN THEIR CHARGED AREAS, MEASURES AGAINST KEY OUTCOMES AND OUTPUTS THAT HELP -- THAT ENABLED US TO -- TO NOT ONLY DO AN ANALYSIS OF OUR CITY, BUT A COMPARATIVE ANALYSIS. THE RECOMMENDATION UNDER PUBLIC SAFETY WAS IN THE AREA OF STAFFING AND STAFFING IN OUR EMERGENCY MEDICAL SERVICES, FIRE AND POLICE DEPARTMENTS SHOULD BE GIVEN A PRIORITY. AND IN FACT IN YOUR REPORT, YOU WILL SEE A VERY SPECIFIC TOP -- TOP PRIORITY RECOMMENDATION FOR A POLICE DEPARTMENT AND THE NUMBER OF ADDITIONAL OFFICERS FOR THE NEXT FOUR YEARS. PUBLIC HEALTH. AGAIN, THIS IS BROKEN INTO AREAS OF LOCAL HEALTH AUTHORITY AND HEALTH AND HUMAN SERVICES AND THEN THAT OF THE CAPACITY OF OUR CITY HEALTH CLINGS. THE FIND -- CLINICS. THE FINDING PRESENTED TO YOU ON BEHALF OF THE TASK FORCE IS THAT AUSTIN HAS MADE GOOD PROGRESS IN ADDING THE CRITICAL AREAS SEEKING EXPANDED CAPACITY AND DISEASE SURVEILLANCE AND STRONG COLLABORATION WITH OTHER AREA PARTNERS. YOU ARE AWARE OUR PLANNING NEEDS TO TAKE INTO ACCOUNT EVERYTHING FROM THE RED CROSS TO OUR STATE HEALTH DEPARTMENT AND WE WERE ABLE TO HEAR PLANS THAT -- VERY SPECIFICALLY ADDRESS THE BROAD RANGE OF AREAS. THE ONE TOP PRIORITY AND RECOMMENDATION THAT COMES TO -- OUT OF THIS AREA IS TO CREATE AN URGENT CARE CLINIC THAT -- TO COMPLIMENT THE BRACKENRIDGE EMERGENCY ROOM. SINCE THAT -- SINCE OUR EMERGENCY ROOMS ARE PROVIDING TOO MANY SERVICES TO TOO MANY INDIVIDUAL IN THE EVENT OF ANY KIND OF CRITICAL NEED OR DISASTER THAT THOSE EMERGENCY ROOMS SHOULD BE ABLE TO FULFILL THEIR FIRST AND RHYME MERELY ROLE. -- PRIMARY ROLE. IF SUMMARY WE HAVE HEARD MAJOR FININGS AND TOP PRIORITIES FOR EACH OF THREE AREAS. PLEASE REFER TO YOUR REPORT FOR A MORE COMPLETE ANALYSIS AND PRESENTATION OF THE PUBLIC SAFETY TASK FORCE. IN CONCLUSION I WOULD LIKE TO THANK AND RECOGNIZE THE HARD WORKING MEMBERS WHO GAVE UP MONDAY NIGHTS. I NOTE JUST IN TIME FOR THE START OF THE MONDAY NIGHT FOOTBALL SEASON. THE LEADERSHIP OF THE CITY DEPARTMENTS, AND THE COORDINATION THROUGH OUR CITY MANAGER'S OFFICE. THANK YOU, COUNCILMEMBER THOMAS, YOU WERE THERE AND WERE A STRONG LEADER. I WOULD LIKE TO GIVE THIS BACK TO YOU AND THE CITY MANAGER FOR ANY FOLLOW-UP THOMAS TOM THANK YOU, VERY MUCH, MR. EVANS. WERE THERE ANY QUESTIONS FROM THE COUNCIL?

MR. EVANS, THANK YOU FOACH FOR A VERY FINE PRESENTATION.

I WOULD LIKE TO INTRODUCE -- IF YOU ALL COULD STAND BEHIND MR. EVANS, THAT WOULD HELP. THOSE MEMBERS THAT ARE HERE.

WE HAVE A NUMBER OF MEMBERS THAT ARE HERE, I WOULD LIKE TO INVITE YOU TO COME FORWARD, PLEASE. THE ORDER THAT WE HAVE THESE, I WILL HAVE TO MAYBE SEARCH THROUGH A LITTLE BIT. FOR THOSE THAT COULDN'T BE HERE, AT HARD WORK ON THE JOB, WE WILL SEE THAT THEY GET THEIR CERTIFICATES AND FOLLOW-UP. I WILL READ EACH OF THEIR NAMES, I WILL HAND THIS OUT. IF NOT I WILL GET IT TO THEM.

JOEL SHEER OF THE DOWNTOWN AUSTIN ALLIANCE, VERY ACTIVE MEMBER OF THE COMMITTEE. QUINT SMITH FROM THE GRAY PANTHERS. LINDA CHAVEZ. THANK YOU VERY MUCH. NOT HERE TODAY. OKAY. THANK YOU. SEE THAT SHE GETS THAT. KELVIN LEE FROM THE NAACP. ERNIE DEGARZA. OKAY. I'M GETTING QUITE -- A NOTE HERE THAT MICHAEL LEVY IS OUT ON BUSINESS, BUT AGAIN A VERY ACTIVE MEMBER OF THIS TASK FORCE. SCOTT TUBIN. SCOTT.

MIKE SHEFFIELD. JASON MARTIN. ROY HENDRICKS. RAY. RAY, THE WRITING IS SO FANCY ON THIS FONT. [ LAUGHTER ] IN MY -- MY EYESIGHT IS GETTING SO BAD.

THANK YOU VERY MUCH.

RANDY MORENO. OKAY. CRAIG HOWARD. I HAVE SEEN DR. STEVE HARRIS HERE, HERE HE IS, THE LOCAL HEALTH AUTHORITY. THANKS A LOT. DIANE MENDOZA ALVAREZ. THANK YOU, DIANE. [ LAUGHTER ]

I KNOW. THANK YOU.

CHIEF DON SMITH. OKAY. WE WILL GET THE CHIEF HIS. I TALKED TO STEPHEN WILLIAMS EARLIER TODAY, I BELIEVE HE'S ON THE ROAD. STEPHEN WILLIAMS FROM THE TRAVIS COUNTY HEALTH AND HUMAN SERVICES. PETE BALDWIN FROM THE TRAVIS COUNTY OFFICE OF EMERGENCY MANAGEMENT. AND ASSISTANT CHIEF DON -- DAN RICHARDS FROM TRAVIS COUNTY SHERIFF'S DEPARTMENT. I KNOW COUNCILMEMBER MANY OF THESE FOLKS ARE PROBABLY HARD AT WORK AT THIS TIME, WE WILL BE SHEER THROUGH YOUR OFFICE WE GET THESE BACK OUT. [ APPLAUSE ]

Thomas: AS YOU SEE, YOU CAN SEE WHY HE'S THE VICE CHAIR. MR. EVANS, WE WANT TO PRESENT YOU ALSO WITH A DISTINGUISHED SERVICE AWARD TO LET YOU KNOW THAT WE REALLY APPRECIATE YOU VERY MUCH. ON BEHALF OF THE -- OF THE MAYOR AND THE CITY COUNCIL, THANK YOU FOR YOUR HARD WORK. YOU WERE VERY SUPPORTIVE AND YOU WERE THERE WHEN I NEEDED YOU. THANK YOU VERY MUCH. ALSO I'M GOING TO THANK THE REST OF THE TASK FORCE AND THE MAYOR AND I AND THE COUNCIL WOULD LIKE TO AT LEAST SHAKE YOUR HANDS FOR THE HARD WORK THAT YOU HAVE DONE FOR THIS -- FOR THE CITIZENS OF AUSTIN. THANK YOU VERY MUCH. [ APPLAUSE ] [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] TIME: 2:29 P.M.

Thomas: I'D LIKE TO THANK THE STAFF AND ALSO THE ASSISTANT CITY MANAGER LAURA HUFF MAN. SHE CAME IN AND WORKED VERY HARD, VERY SUPPORTIVE OF THIS TASKFORCE AND I WANT TO THANK YOU VERY MUCH, PLUS STAFF FROM ALL THE CITY DEPARTMENT HEADS THAT WERE THERE AT THE MEETING. THANK YOU VERY MUCH. AND I THANK MY STAFF.

Mayor Garcia: THE CITY MANAGER AND THE COUNCIL WILL BE REVIEWING AT THE RECOMMENDATION SOME OFOMMENDATION. AND SOME OF THOSE THAT ARE MADE WILL ACTUALLY BE OUTSIDE OF THIS PARTICULAR BODY. THE HOSPITAL DISTRICT RECOMMENDATION IS BEING CONSIDERED BY A COMMITTEE THAT'S HEADED UP BY MR. PATRICK AND BY FORMER COUNCILMEMBER LOWELL LIEBERMAN. THAT SHOULD BE COMING OUT IN TIME FOR US TO GO TO THE LEGISLATIVE TO FIND OUT HOW TO HAVE THIS DONE IN A WAY TO FITS THE STANDARDS WE HAVE IN AUSTIN FOR PROVIDING HEALTH CARE. SO WE'LL BE DISECTING THE REPORT, SENDING IT TO THE PROPER JURISDICTIONS AND AUTHORITIES SO THAT THE ISSUES CAN BE HANDLED AT THAT LEVEL. CITY MANAGER, ANYTHING ELSE? OKAY. THANK YOU VERY MUCH AGAIN. AT THIS TIME I'M GOING TO ASK OUR CITY CLERK, SHIRLEY BROWN, TO READ INTO THE RECORD THE CHANGES AND CORRECTIONS OF THE AGENDA AND THE TIME CERTAINS.

Brown: ON ITEM 19, PLEASE DELETE THE WORD --

Mayor Garcia: JUST A SECOND. CAN YOU GIVE THAT MIC A LITTLE MORE VOLUME, PLEASE?

Brown: PLEASE DELETE THE WORD EXECUTION AND CHANGE IT TO NEGOTIATION OF 13-MONTH CONTRACTS WITH THREE AGENCIES. ITEM 54 IS GOING TO BE POSTPONED INDEFINITELY. AND ITEM 65, DELETE THE WORDS HAVING TO DO WITH THE ROBERTSON TRACT. THE TIME CERTAINS THAT REMAIN ARE THE 4:00 ZONING, THE 5:30 MUSIC AND PROCLAMATIONS AND THE 6:00 P.M. PUBLIC HEARINGS. MAYOR ON ITEM 19 ALS --

Mayor Garcia: ON ITEM 19 -- AND I GUESS I'LL READ IT AT THE TIME WE DO THE CONSENT AGENDA BECAUSE THIS ITEM IS ON CONSENT, BUT IF YOU -- IF COUNCILMEMBERS AND CITY CLERK AND CITY MANAGER AND CITY ATTORNEY DON'T HAVE A COPY OF THIS ONE-PAGE, MY STAFF NEEDS TO GET IT TO THEM BEFORE WE DO THE CONSENT AGENDA. ITEMS 16, 18, 26, 36, 58 AND 59 HAVE BEEN PULLED FOR DISCUSSION. AND THEN ON THE CONSENT AGENDA WE HAVE SPEAKERS ON ITEMS 25, 26, 48, 60 AND 62. ITEMS 25 HAS THREE SPEAKERS. ITEM 48 HAS TWO SPEAKERS. THE OTHER THREE HAVE ONE SPEAKER ON EACH. I THINK THE ITEMS HERE, 25, 26, 48, 62 AND 60, THROOR SOME PEOPLE WHO HAVE SIGNED UP FOR MORE THAN ONE ITEM. THE RULE IS THAT ON THE CONSENT AGENDA YOU ARE ALLOWED THREE MINUTES TO TALK ABOUT ALL OF THE ITEMS THAT YOU'RE SIGNED UP FOR THAT ARE ON THE CONSENT AGENDA. AND THE CITY ATTORNEY, IF I'M OFF, CORRECT ME ON THAT ONE. I THINK THAT THAT'S CORRECT, RIGHT?

I'LL VERIFY THAT, MAYOR, QUICKLY.

Mayor Garcia: OKAY. ACTUALLY, IN THE CASE OF ITEM NUMBER 25, WE HAVE FIVE SPEAKERS, AND SO I'M GOING TO PULL ITEM 25. IT JUST HAS TO DO WITH 26, 48, 60 AND 62.

Goodman: MAYOR?

Mayor Garcia: MAYOR PRO TEM.

Goodman: ON ITEM NUMBER 24 AND ITEM NUMBER 48, I HAVE TWO ACTIONS THAT I THINK WOULD STILL KEEP THEM ON THE CONSENT AGENDA, BUT CHANGE THE ACTIONS AS WE'RE EXPECTING IT TO BE.

Mayor Garcia: WE CAN DO IT AS AMENDMENTS TO THE CONSENT AGENDA, WHICH IS ONE OF THE THINGS I WANT TO DO ON ITEM NUMBER 19 BECAUSE THERE'S SOME WORDING THAT HAS BEEN ADDED TO THE RESOLUTION, SO I'LL ADD THOSE.

Dunkerley: MAYOR, ON ITEM 58, MAYOR PRO TEM, COUNCILMEMBER THOMAS AND I WERE JUST ASKING THAT THAT BE DELAYED A WEEK, SO I DON'T KNOW -- WE'RE NOT REALLY PULLING IT FOR DISCUSSION TODAY.

Mayor Garcia: OKAY. MS. BROWN, DID YOU GET THAT?

Brown: YES, SIR.

Mayor Garcia: ITEM 58 WILL BE ON THE CONSENT AGENDA FOR A ONE-WEEK POSTPONEMENT TO ALLOW LEGAL TO ADDRESS SOME OF THE ISSUES THAT HAVE COME UP AND HAVE BEEN DISCUSSED WITH THE LEGAL DEPARTMENT.

WELL, MAYOR, LET ME PULL ITEM 24 TOO BECAUSE IT'S A POSTPONED ITEM.

Mayor Garcia: I'M SORRY, MAYOR PRO TEM?

Goodman: LET ME THROW IN ITEM 24 AT THIS TIME TOO BECAUSE IT WAS A POSTPONEMENT AS WELL.

Mayor Garcia: ITEM 24 -- 24 IS POSTPONED.

Goodman: FOR ONE WEEK FOR STAFF TO PREPARE A RESTRICTIVE COVENANT TO REQUIRE MINIMUM OF 55% IMPERVIOUS COVER CAPTURE VOLUME ON THE SITE AND A TOTAL ALLOWABLE IMPERVIOUS COVER OF 40% AND A CONDITIONAL OVERLAY AS PER AGREEMENT OF COUNCIL.

Mayor Garcia: WE'RE GOING TO POSTPONE THAT TO DRAFT THE ORDINANCE? SO ON THE CHANGES AND CORRECTIONS, MS. BROWN, ITEM 24 IS POSTPONED FOR HOW LONG?

Goodman: ONE WEEK.

Mayor Garcia: SO 24 IS POSTPONED UNTIL THE 29TH.

Goodman: AND THE APPLICANT NOW IS STASSNEY CENTRAL PARK LIMITED, ADMIRAL CONSTRUCTION. THE TRANSFER OF PROPERTY I THINK IS COMPLETED NOW FOR THAT DIFFERENT NAME ON THE APPLICATION.

Mayor Garcia: SO 58 IS POSTPONED UNTIL THE 29TH AND -- EXCUSE ME. ITEM 24 IS POSTPONED FOR ONE WEEK ALSO.

Brown: MAYOR, I BELIEVE THERE'S A REQUEST ON ITEM NUMBER 26 TO POSTPONE BY THE CHERRY CREEK ON BRODIE LANE NEIGHBORHOOD ASSOCIATION.

Mayor Garcia: OKAY. THIS IS AN ITEM FOR SECOND AND THIRD. HAVE THERE --

Brown: IT'S ONE THAT HAD BEEN PULLED, BUT WE ALSO HAD -- COUNCILMEMBER SLUSHER PULLED IT, BUT WE HAD THIS REQUEST FOR A POSTPONEMENT.

Mayor Garcia: OKAY. IS THERE THEIR FIRST REQUEST, MS. GLASGO OR MR. GURNSEY?

IT WOULD BE THE FIRST REQUEST FROM THE NEIGHBORHOOD ASSOCIATION.

Mayor Garcia: OKAY. THOSE ARE GRANTED ROUTINELY, SO ITEM NUMBER 26 IS POSTPONED. WHAT IS THE REQUEST FOR, HOW LONG, HIS BROWN?

Brown: UNTIL AUGUST 29TH.

Mayor Garcia: OKAY. SO ITEM 26 WILL BE ON CONSENT UNTIL POSTPONEMENT UNTIL AUGUST THE 29TH. ARE WE OKAY NOW?

Brown: I THINK SO. READY FOR ME TO READ THE CONSENT?

Mayor Garcia: NO. WE'RE GOING TO GO TO THE PREVIEW OF ITEMS FOR NEXT COUNCIL MEETING. WE MAY NOT HAVE ANY, BUT -- ONE OF THE THINGS I'D LIKE TO SEE ON THE AGENDA SO THAT I DON'T FORGET, RIGHT UNDER THE EXECUTIVE SESSION, WELL, RIGHT AFTER CITIZENS COMMUNICATION-GENERAL IS AN ITEM THAT SAYS CHANGES AND CORRECTIONS AND TIME CERTAIN. BECAUSE ON A ROUTINE BASIS I FORGET TO DO THAT, SO THAT WOULD REMIND ME. SO IF YOU COULD ADD THAT, I'D APPRECIATE IT. ARE THERE ANY ITEMS FOR THE NEXT COUNCIL MEETING, CITY MANAGER?

Futrell: THE ONE I'D PROBABLY LIKE TO HIGHLIGHT IS THAT IN ADDITION TO TONIGHT'S PUBLIC HEARING, NEXT THURSDAY WILL BE THE CONCLUSION OF THE BUDGET PUBLIC HEARINGS. THIS WILL FOCUS ON PARKS AND RECREATION, LIBRARIES, HEALTH & HUMAN SERVICES, OUR PRIMARY CARE CLINICS AND NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT. IT WILL ALSO SERVE AS THE GENERAL PUBLIC HEARING FOR THE BUDGET.

Mayor Garcia: AND WE'RE REQUIRED TO HAVE ONE PUBLIC HEARING.

Futrell: ONE PUBLIC HEARING, AND THIS WOULDING OUR FOURTH, EITHER OUR THIRD OR OUR FOURTH.

Mayor Garcia: THIRD. RIGHT. WE HAD ONE LAST WEEK AND WE HAVE ONE THIS WEEK AND WE HAVE ONE NEXT WEEK. THAT WILL BE OUR THIRD. AND EVEN THOUGH THOSE PUBLIC HEARINGS ARE RESTRICTED TO CERTAIN DEPARTMENTS, WE ARE MEETING THE REQUIREMENTS OF THE TEXAS LAW?

Futrell: YES, BECAUSE VERY SPECIFICALLY POSTED FOR NEXT THURSDAY'S PUBLIC HEARING IS A GENERAL PUBLIC HEARING ON THE BUDGET. SO IN ADDITION TO BEING TOPIC SPECIFIC FOR PARKS, LIBRARY, HEALTH, CLINICS, IT IS ALSO TO SERVE AS OUR GENERAL PUBLIC HEARING ON THE BUDGET. IN OTHER WORDS, ANY TOPIC RELATED TO THE BUDGET.

Mayor Garcia: AND WHEN WE DO THE FIRST READING, WHICH WILL BE ON THE NINTH? AT THAT TIME THERE WILL BE OPPORTUNITIES FOR PEOPLE TO SPEAK ALSO, RIGHT?

> Futrell: ACTUALLY, THAT'S A GOOD QUESTION. I DON'T BELIEVE THERE IS CITIZEN COMMUNICATION ON THE FIRST, SECOND AND THIRD READING OF THE BUDGET. IT HASN'T BEEN IN THE PAST.

Mayor Garcia: THAT'S CORRECT, CITY ATTORNEY?

THAT'S CORRECT. USUALLY THE PUBLIC HEARINGS ARE THE FORM FOR PUBLIC PARTICIPATION AND TESTIMONY.

Mayor Garcia: SO TONIGHT AT 6:00 O'CLOCK, ONE OF THE PUBLIC HEARINGS IS ON THE BUDGET, ON THE BUDGETS THAT WERE PRESENTED YESTERDAY AND TODAY. I'LL READ THOSE INTO THE RECORD SO THAT, AGAIN -- I READ THEM BEFORE, BUT SOME OF YOU WERE NOT HERE. IT'S ITEM NUMBER 69. AND WE WILL BE RECEIVING PUBLIC HEARINGS ON THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT, TRANSPORTATION PLANNING AND SUSTAIN ABILITY DEPARTMENT, WATERSHED PROTECTION AND DEVELOPMENT REVIEW DEPARTMENT, PUBLIC WORKS DEPARTMENT, THE CIP, WATER AND WASTEWATER, AND AUSTIN ENERGY. SO THOSE ARE THE ONES THAT WE'LL BE HEARING TONIGHT. WE HEARD THE -- AND WE HEARD OTHERS LAST WEEK. THE ONES THAT ATTRACT THE MOST INTEREST ARE THE ONCE THAT WE'RE GOING TO HAVE NEXT WEEK BECAUSE WE HAVE PARKS AND LIBRARIES AND HEALTH, AND THOSE ARE THE DEPARTMENTS THAT NORMALLY HAVE A LITTLE BIT MORE PUBLIC PARTICIPATION. SO I WANTED TO ANNOUNC THAT TOO. IS THERE ANYTHING ELSE THAT Y'ALL EXPECT TO HAVE NEXT WEEK? I WOULD APPRECIATE IT IF WE KEEP THE AGENDA LIGHT BECAUSE I KNOW WE WILL HAVE SPEAKERS ON THOSE PARTICULAR TOPICS, OKAY? THE READING OF THE CONSENT AGENDA, MS. BROWN?

Brown: STARTING WITH ITEM 17, ITEM 19 WITH THE CHANGES WE READ. AND I UNDERSTAND, MAYOR, YOU HAVE SOMETHING ADDITIONAL YOU WOULD LIKE TO READ.

Mayor Garcia: RIGHT. I WILL READ THAT AFTER WE GET A MOTION.

Brown: ITEM 20, 21, 22, 23, 24 FOR A POSTPONEMENT TO AUGUST 29TH, 2002 WITH THE INFORMATION THAT MAYOR PRO TEM GOODMAN READ INTO THE RECORD. 26 FOR A POSTPONEMENT TO AUGUST 29TH, 2002.

Mayor Garcia: 25 IS A DISCUSSION ITEM?

I UNDERSTOOD YOU TO SAY YOU WERE PULLING THAT BECAUSE IT HAD FIVE SPEAKERS.

Mayor Garcia: I PULLED IT JUST RECENTLY AND I FORGOT ALREADY.

27, SECOND AND THIRD READING. 28, SECOND AND THIRD READING. 29, SECOND AND THIRD READING. 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 FOR AN INDEFINITE POSTPONEMENT. 55, 56, WHICH ARE BOARDS AND COMMISSION APPOINTMENTS AS FOLLOWS: COMMISSION ON IMMIGRANT AFFAIRS, LEWIS LAUN, AND I'M SORRY I'M GOING TO CRUISE FI THIS LAST NAME, HUAN. COMMUNITIES DEVELOPMENT COMMISSION, JEFFREY LYNN LOSE, COUNCILMEMBER THOMAS' APPOINTMENT. SABRINA RENTER REI CAN'T, CONSENSUS REAPPOINTMENT. SHE IS THE EAST AUSTIN NEIGHBORHOOD REPRESENTATIVE. CONSTRUCTION ADVISORY COMMITTEE, MICHAEL ANDREW MURPHY, MAYOR PRO TEM GOODMAN'S APPOINTMENT. ELECTRIC UTILITY COMMISSION, THOMAS J. OWENS, COUNCILMEMBER THOMAS' REAPPOINTMENT. ELECTRICAL BOARD, RONNIE K. WILLIAMS, COUNCILMEMBER THOMAS' APPOINTMENT. ETHICS REVIEW COMMISSION, ASHTON CUMBERBASH, COUNCILMEMBER THOMAS' APPOINTMENT. STEVEN MELNOVSKI. HENRY C.NARVA FROM THE DAVID POWELL CLINIC REPRESENTATIVE, CONSENSUS APPOINTMENT. PLANNING COMMISSION, RHONDA PRATT, COUNCILMEMBER THOMAS' APPOINTMENT. MARKET COMMISSION, JANIS MORGAN, CONSENSUS REAPPOINTMENT. RESOURCE MANAGEMENT COMMISSION, CATHERINE G. OSBORNE, COUNCILMEMBER ALVAREZ'S APPOINTMENT. TELECOMMUNICATION COMMUNICATIONS COMMISSION, MATTHEW CURTIS, CONSENSUS REAPPOINTMENT. AN DREE AN ROLLS, MAYOR GARCIA MAYOR GARCIA'S APPOINTMENT. WATER AND WASTEWATER COMMISSION, GLEN M. COLEMAN, CONSENSUS APPOINTMENT. JEN LYNN YEE, MAYOR PRO TEM'S REAPPOINTMENT.

>TEM 60, AND I HAVE SOME REAPPOINTMENTS TO READ ON THAT. THIS IS FOR THE REAPPOINTMENTS FOR THE CITY'S LEGISLATIVE COUNCIL. THEY ARE MAYOR GARCIA, MAYOR PRO TEM JACKIE GOODMAN, COUNCILMEMBER DARYL SLUSHER. ITEM 61 -- EXCUSE ME, I FORGOT ONE. ITEM 58 FOR A POSTPONEMENT FOR ONE WEEK. AND THEN ITEM 60, THE ONE I READ INTO THE RECORD, THE NAMES I READ INTO THE RECORD. AND THEN 61, 62 AND 63.

Mayor Garcia: EVERYTHING ELSE ON THE AGENDA IS A TIME CERTAIN, SO WE'LL BE PICKING IT UP AT SPECIFIC TIMES. OKAY.

Goodman: MAYOR PRO TEM? NOW CAN I ADD IN THE AMENDMENT THAT I THINK WILL KEEP NUMBER 48 ON THE CONSENSUS AGENDA?

Mayor Garcia: SURE.

Goodman: THIS IS THE ONE ABOUT -- WELL, ITEM NUMBER 48, LET ME READ THAT ACTUALLY SO THAT PEOPLE KNOW WHO ARE LISTENING IN ON THIS ONE.

Mayor Garcia: IS THIS THE SAME ONE THAT YOU AND COUNCILMEMBER ALVAREZ HAVE BEEN WORKING ON?

Goodman: YES. AND THERE ARE TWO STAFF RECOMMENDATION WAS NOT THAT WE COMPLETELY SWITCHED THE TITLE OF THESE FUNDS, BUT THAT WE ADDED IN THE ABILITY TO MATCH FOR -- I WAS SO ORGANIZED AND NOW I CAN'T FIND ANY OF MY PAPER. THE WAY IT READS RIGHT NOW IS THERE IS AN ITEM, A MILLION DOLLARS FOR THE SCHOOL PEDESTRIAN SAFETY PROJECTS.

Mayor Garcia: IT'S ITEM 48, INCREASING THE APPROPRIATIONS FOR THE SCHOOLS, PEDESTRIAN SAFETY PROJECT BY ONE MILLION?

Goodman: WHAT WE HAD ORIGINALLY THOUGHT WAS TO RENAME THAT CATEGORY BY SAYING SCHOOLS, PEDESTRIAN SAFETY PROJECTS, HOWEVER, STAFF WOULD PREFER THAT WE SIMPLY ADD THAT SO THAT IT CAN BE USED FOR MATCHING FUND FOR APPLICANTS WHO ARE THEN ABLE TO GET THAT GRANT.

Mayor Garcia: AND THE WORDING WOULD BE?

Goodman: TO ADD THAT THESE FUNDS QUALIFY AS MATCHING FOUR APPLICANTS TO THE SCHOOLS, PEDESTRIAN SAFETY PROJECT. I'M SORRY, SAFE ROUTES TO SCHOOL. CMTA FUNDING. THEY'RE BOTH TITLED THE SAME.

I NEED A CLARIFICATION. WOULD THIS BE ADDED TO THE ORDINANCE?

Goodman: ADDED TO THE AXE TO THE ACTION THAT WE'RE TAKING.

Mayor Garcia: AUSTAN, YOU MAY WANT TO COME AND HELP US A LITTLE BIT. WHAT COUNCILMEMBER ALVAREZ AND THE MAYOR PRO TEM ARE DOING IS TO MAKE THESE FUNDS SO THAT WE CAN USE THEM TO MATCH SOME FEDERAL FUNDS THAT MAY BE AVAILABLE.

I DON'T BELIEVE THAT IT ACTUALLY LITERALLY NEEDS TO BE ADDED TO THE ORDINANCE. IT IS A PART OF THE GOALS OF THESE FUNDS THAT THEY BE USED FOR MAXIMIZING LEVERAGE ANYWAY. AND THIS IS WHAT THIS IS INTENDED TO DO. I THINK A NOTE ON THE -- ON THIS, WHICH IS THE LISTING OF THE PROJECTS, WOULD SERVE TO DO THAT, WOULD CLARIFY FOR THE FUTURE AND FOR THE FILE THAT IT IS INTENDED THAT WHERE THE GRANTS ARE AVAILABLE THAT THESE FUNDS BE USED FOR THAT.

Goodman: THAT'S WHAT WE'RE DOING. AND THERE'S ALSO ONE OTHER ITEM. ON NUMBER 25 OF THE SAME ITEM IS MAINTENANCE AND RECONSTRUCTION. AND IF THERE'S NO OBJECTION, I'D LIKE TO ADD THAT WE APPLY COUNCIL POLICY REQUIRING SIDEWALKS TO BE INCLUDED IN THE PROJECT IF LESS THAN 20% OF THE TOTAL PROJECT COST. THAT'S ALREADY OUR POLICY, IT'S JUST NOT -- IT'S SORT OF LIKE THE OTHER, PEOPLE JUST LIKE TO MAKE SURE THAT WE REMEMBER.

IF I MIGHT, I WAS HOPING THAT PETER RIEK WOULD BE HERE. HE'S SPOKEN FOR ME A NUMBER OF TIMES. I GUESS I CAN SPEAK FOR HIM. WE DON'T THINK THAT THAT WILL BE A PROBLEM. THESE ARE FUNDS THAT HIS DEPARTMENT WOULD BE ADMINISTERING, AND I THINK THAT FOR THE MOST PART THERE ARE SIDEWALKS ON THESE STREETS THAT WILL BE -- WE'LL BE RECONSTRUCTING ANYWAY. SO I THINK THIS IS FINE AS LONG AS THERE ARE MORE FUNDS FOR RECONSTRUCTION TO PUT SOME PORTION OF IT TOWARDS NEW SIDEWALKS WHERE IT'S IT'S APPROPRIATE IS FINE.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Alvarez: THEN WHAT WAS THE NAME -- WHAT WOULD THE NAME OF THE CATEGORY BE UNDER THE ORDINANCE WHICH IS MAYOR PRO TEM'S -- WOULD IT STAY SCHOOL PEDESTRIAN SAFETY PROJECTS OR WOULD IT CHANGE?

THE WAY MR. LIBRACH ASKED US TO DO IT WAS TO KEEP IT THE SAME AND ADD IN THE NOTE TO MAKE SURE EVERYBODY KNOWS THESE QUALIFY FOR MATCHING FUNDS FOR THE PARTICULAR PROGRAMS.

Alvarez: YEAH. I MEAN, I DON'T THINK IT NECESSARILY NEEDS TO BE CALLED THE EXACT SAME THING AS THE STATE PROGRAMS, BUT THE ONLY THING IS UNDER -- I PASSED OUT SOME INFORMATION ABOUT THAT PROGRAM THAT THE STATE HAS AND IT'S NOT ALL JUST PEDESTRIAN IMPROVEMENTS, SO I AT LEAST WANTED TO CHANGE IT TO SCHOOL SAFETY PROGRAMS OR SOMETHING LIKE THAT WHERE IT'S MORE GENERIC AND NOT JUST TIED TO PEDESTRIAN PROJECTS, BECAUSE IT TALKS ABOUT BICYCLE FACILITIES AND TRAFFIC DIVERSION AND DIFFERENT CATEGORIES. AND JUST TO KEEP IT A LITTLE MORE OPEN-ENDED THAN PEDESTRIAN. SO I WOULD PROPOSE DAY SCHOOLS PROGRAM OR SCHOOL SAFETY PROGRAM, SOMETHING LIKE THAT.

Mayor Garcia: SCHOOL FUNDING.

AUSTAN, ARE WE --

Alvarez: DID YOU HAVE A QUESTION, MAYOR PRO TEM?

Goodman: NO. ORIGINALLY I HAD THOUGHT THAT WAS THE EASIEST WAY AND I WAS TRYING TO UNDERSTAND STAFF'S POSITION, AND THEY DIDN'T WANT TO BE LOCKED INTO SOMETHING IN CASE WE DIDN'T GET THE APPLICANT'S FUNDING UPDATE. SO MAYBE IF WE JUST TAKE OUT SAFE ROUTES, MAYBE IF WE JUST TAKE OUT PEDESTRIAN -- THE WORD PEDESTRIAN IN SCHOOL SAFETY PROJECTS, BECAUSE THAT WILL THEN ALSO HAVE NO REAL BOUNDARIES.

Mayor Garcia: COUNCILMEMBER DUNKERLEY ALSO WANTED TO COMMENT ON THIS, SO LET ME RECOGNIZE HER AND THEN WE'LL GET BACK TO YOU, MAYOR PRO TEM AND COUNCILMEMBER ALVAREZ. COUNCILMEMBER DUNKERLEY? ON THE WHOLE ITEM, ON 23. OKAY. WE'LL GET TO 23 IN JUST A MINUTE.

Dunkerley: I'M SUPPORTIVE OF THAT ITEM.

Mayor Garcia: OKAY. I GOT A NOTE THAT YOU WANTED TO COMMENT. I DIDN'T KNOW EXACTLY. LET ME SEE IF THERE IS A MOTION -- THE WAY WE'LL PROCEED ON THIS IS I'LL ASK FOR A MOTION ON THE CONSENT AGENDA AND THEN I HAVE TO READ SOMETHING INTO THE RECORD WITH REGARD TO ITEMS 19, ITEM 19. MS. GLASGO AND MR. GURNSEY WILL ADD SOME CLARIFICATION TO ITEMS 22 AND 23 WHICH ARE ALSO ON CONSENT. MS. DUNKERLEY, DO YOU WANT TO COMMENT ON ITEM NUMBER 23? AND THEN WELCOME BACK AND ALSO READ AGAIN INTO THE RECORD THE ITEMS WITH REGARD TO ITEM NUMBER 48, THE CHANGES -- SO EVERYBODY KNOWS EXACTLY WHAT WE'RE DOING ON ITEM 48. OKAY. I'LL ENTERTAIN A MOTION ON THE CONSENT AGENDA?

Thomas: MAYOR, BEFORE WE DO THAT, IF YOU DON'T MIND, I NEED TO PULL 62, BUT I DO NEED TO TALK TO THE PEOPLE ABOUT THE ITEM BECAUSE SUZANNE ALMANZA HAD BROUGHT US -- I KNOW THEY HEARD US IN CITIZENS COMMUNICATION.

Mayor Garcia: YOU WANT TO PULL 62?

Thomas: YEAH.

Mayor Garcia: OKAY. ITEM 62 IS PULLED BY COUNCILMEMBER THOMAS. SO THAT'S NO LONGER ON THE CONSENT AGENDA. OKAY. I'LL ENTERTAIN A MOTION ON THE CONSENT AGENDA.

Thomas: SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS TO APPROVE THE CONSENT AGENDA. IS THERE A SECOND? SECONDED BY THE MAYOR PRO TEM. I HAVE SOME SPEAKERS ON THE CONSENT AGENDA. AND I WILL BE CALLING THEM -- AND THOSE OF YOU THAT SIGNED UP FOR MORE THAN ONE ITEM, YOU WILL BE CALLED MORE THAN ONCE. ON ITEM NUMBER 26, MR. JOHN LARKIN. MR. JOHN LARKIN. ITEM NUMBER 26.

GOOD AFTERNOON, MAYOR, COUNCILMEMBERS. SINCE 26 IS GOING TO BE POSTPONED -- I GUESS AM I READING THAT RIGHT.

Mayor Garcia: THAT'S CORRECT. IT'S POSTPONED UNTIL NEXT WEEK.

THEN I GUESS I DON'T REALLY NEED TO SPEAK ON IT RIGHT NOW.

Mayor Garcia: THANK YOU VERY MUCH. THIS WILL BE ON THE AGENDA NEXT WEEK AND IT WILL BE ON THE DISCUSSION OF ITEMS FROM PREVIOUS MEETINGS.

OKAY. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. LARKIN. ON ITEM NUMBER 48 WE HAVE JENNIFER McVALE AND SPARKY, AND IF YOU CAN COME TO THIS MIV RIGHT HERE. SPARKY, YOU CAN WHEEL YOURSELF RIGHT UP HERE. MS. McVAALE WILL GO AND MR. SPARKY MENZ WILL GO SECOND.

THANK YOU. I'M JENNIFER AND I'M WITH ADAPT OF TEXAS AND WE WANTED TO LET Y'ALL KNOW THAT WE'RE VERY SUPPORTIVE OF THE COMPREHENSIVE PLAN THAT'S BEEN PROPOSED ON THIS ITEM. IT'S SOMETHING THAT'S 12 YEARS OVERDUE. IT WILL HOPEFULLY BE ABLE TO SAVE YOU MONEY IN THE FIRST YEAR THAT IT'S ACTUALLY IN EXISTENCE ENOUGH TO ACTUALLY PAY FOR THIS PROBABLY BECAUSE WHAT IT WILL DO IS IT WILL ALLOW YOU A TOOL THAT THEYYOUDO NOT HAVE RIGHT NOW TO COORDINATE YOUR EFFORTS IN PROVIDING SIDEWALKS THROUGHOUT AUSTIN. THERE ARE THREE ENTITIES, THE CITY OF AUSTIN, CAPITAL METRO AND TXDOT, WHO ARE RESPONSIBLE FOR SIDEWALK COORDINATION AND CONSTRUCTION IN THE CITY. AND THERE'S NOT MUCH FORMAL COORDINATION OF FUTURE AND PRESENT PROJECTS. YOU REALLY DON'T HAVE AN AN IDEA OF WHERE ALL THREE ENTITIES HAVE BEEN IN THE PAST, WHERE THEY'RE GOING RIGHT NOW AND WHERE THEY'LL BE IN THE FUTURE. AND WHAT THIS COMPREHENSIVE PLAN WILL DO IS ORGANIZE THOSE PLANS BETTER AND HOPEFULLY PROVIDE SOMETHING OF A MAP THROUGHOUT THE CITY OF WHERE PROJECTS EXIST AND WHERE THEY NEED TO BE. WE'VE BEEN ASKING FOR THIS FOR 12 YEARS. IT'S BEEN REQUIRED BY LAW FOR 12 YEARS ROUGHLY. AND IT'S SOMETHING THAT'S VERY, VERY PRUDENT AND VERY, VERY ENTHUSIASTICALLY SUPPORTED FROM THE COMMUNITY. SO WE'D LIKE TO SEE YOU GO AHEAD AND PASS THAT. THANKS.

Mayor Garcia: THANK YOU, MS. McVALE. SPARKY?

I JUST WANTED TO REITERATE WHAT JENNIFER SAID. I SEE WHEN I'M ALL OVER THE CITY -- I'LL BE ON A SIDEWALK, I'LL GET TO THE VERY END AND I CAN'T GET OFF. OR I'LL GET HALFWAY DOWN THE STREET AND THERE WON'T BE A SIDEWALK. HE SAID Y'ALL NEED TO COME UP WITH A BETTER IDEA THAN WHAT YOU HAVE NOW, OF STOPPING WHERE YOU'RE AT. IT DOESN'T MAKE SENSE. RIGHT NOW PLEASANT VALLEY AND OLTORF TO RIVERSIDE, THERE'S A BIG GAP AND YOU HAVE TO GET IN THE STREET. IT DOESN'T MAKE SENSE. THIS PLAN WILL HELP YOU BUILD SIDEWALKS AND COMPLETE THEM. THANK YOU.

Mayor Garcia: THANK YOU, SPARKY. OKAY. TOMMY EDEN? MR. EDEN, WELCOME, SIR.

THANK YOU, MAYOR GARCIA AND COUNCILMEMBERS. MY NAME IS TOMMY EDEN. I BELIEVE THAT THE PROPOSAL FOR SIDEWALKS AND BIKE WAYS THAT THE STAFF HAS COME UP WITH ARE EXCELLENT CHOICES, AND I'M REAL PLEASED TO SEE THAT THEY'RE MAKING THESE GOOD CHOICES. THE CITY HAS CHOSEN IMPORTANT STREETS THAT NEED BIKEWAYS AND SIDEWALKS, STREETS SUCH AS EAST SEVENTH STREET, THE LANCE ARMSTRONG BIKEWAY, EAST PLEASANT VALLEY AND WILLIAM CANNON. THE SIDEWALK RECOMMENDATIONS FOR LAMAR, RIVERSIDE AND OLTORF ARE BADLY NEEDED, AND THEY'RE GOOD CHOICES. I DO WANT TO ADDRESS THE NEED FOR SIDEWALKS AND BIKE LANES ON THE STREET RECONSTRUCTION AND MAINTENANCE PROJECT. YOU'RE ALLOCATING FOUR AND A HALF MILLION DOLLARS FOR STREET RECONSTRUCTION AND MAINTENANCE AND, YES, MANY OF THEM ALREADY HAVE SIDEWALKS AND IT SOUNDS LIKE THE CITY IS READY TO PUT IN SIDEWALKS IN THOSE PLACES WHERE THEY'RE NEEDED ON THESE NEW PROJECTS. YOU HAVE A NEW POLICY THAT WAS JUST PASSED A FEW MONTHS AGO SAYING THAT ANY PROJECT THAT COST NO MORE THAN 20% OF THE -- WHERE IT REQUIRES NO MORE THAN 20% OF THE COST OF THE LARGER PROJECT SHOULD BE BUILT WITH SIDEWALKS AND BIKE LANES WHERE APPROPRIATE, THAT IS, WHEREVER IT IS INDICATED IN THE BICYCLE PLAN. I'D APPRECIATE THAT WE'RE GOING TO BE SEEING SIDEWALKS ON THESE MAINTENANCE PROJECTS. LET'S MAKE SURE -- AND I WOULD LIKE TO MAKE MR. LIBRACH TO AFFIRM THAT ANY OF THESE PROJECTS THAT ARE SCHEDULED FOR RECONSTRUCTION AND MAINTENANCE WILL ALSO HAVE BIKE LANES WHERE THEY'RE EXCITED IN THE BICYCLE PLAN. IN ADDITION, I WOULD RECOMMEND THAT A SMALL PORTION OF THAT FOUR AND A HALF MILLION DOLLARS BE ALLOCATED TO COVER PROJECTS THAT ARE ALREADY PLANNED WHERE THERE IS NO PLAN TO PUT IN SIDEWALKS AND BIKE LANES. IN PARTICULAR WE HAVE PROJECTS THAT ARE PLANS FOR EAST ST. ELMO BETWEEN TODD LANE AND NUCKOLS CROSSING WHERE THERE WILL BE NO SIDEWALKS AND NO BIKE LANES. HERE'S AN OPPORTUNITY FOR THE CITY COUNCIL TO USE THAT MONEY TO PUT IN THE BIKE LANES AND SIDEWALKS. TWO OTHER PROJECTS ARE WEST WILLIAM CANNON THAT NEEDS BIKE LANES AND NUCKOLS CROSSING FROM STASSNEY TO PLEASANT VALLEY THAT WILL ALSO NEED BIKE LANES THAT ARE CURRENT MAINTENANCE PROJECTS. THANK YOU.

Mayor Garcia: THANK YOU, MR. EDEN. MR. GAR VEEN KNOW HERNANDEZ IS SIGNED UP TO SPEAK ON ITEM 58. ACTUALLY, HE DOES NOT WISH TO SPEAK, HE'S JUST IN FAVOR OF. BUT THAT ITEM HAS BEEN POSTPONED FOR ONE WEEK. SO WE WILL DO THAT. ON ITEM NUMBER 60, MR. GARVINO, ITEM NUMBER 60. AND YOU ALSO SIGNED UP ON ITEM NUMBER 62, SO I'M GOING TO GIVE YOU FOUR AND A HALF MINUTES TO DO BOTH. IS THAT OKAY?

THAT'S FINE. GOOD AFTERNOON, COUNCIL. MY NAME IS GAR VEEN KNOW HERNANDEZ WITH HE WILL CONCEALIO. AND SUPPORTING NUMBER 60 AND 62, AND I JUST WANT TO MENTION THAT ON ITEM NUMBER 60 THAT THIS ONCE AGAIN ALLOWS AN OPPORTUNITY TO GO TO THE LEGISLATURE AND CREATE THOSE TOOLS THAT WILL ALLOW THE CREATION OF AN AFFORDABLE HOUSING DISTRICT IN EAST AUSTIN. THIS WILL ALSO ALLOW US TO EXPLORE THE ISSUES OF RENT CONTROL, THE ISSUES OF TAX ABATEMENT FOR HOMEOWNERS SO THAT IT CAN MITIGATE AND BALANCE THE GROWTH ISSUES IN EAST AUSTIN THAT ARE COMING. AS WE ALL HAVE -- WE ALL KNOW AND WE ARE RIGHT NOW IN THE DISCUSSIONS OF THE HISTORICAL ZONING AND THE FINANCIAL IMPACT THAT IT'S MAKING TO HOMES NEXT TO HISTORICAL ZONED DESIGNATED ZONES, BUT THE PROPERTY TAX INCREASES ARE AFFECTING THE HOMES THAT ARE NOT DESIGNATED HISTORICAL, BUT ARE NEXT DOOR TO THESE HOMES. AND SUSANNA ALMANZA OF PODER HAS ILLUSTRATED TO YOU THROUGH THE DATA THE TYPE OF IMPACT THAT IT'S HAPPENING IN OUR COMMUNITY AND THUS FORCING A LOT OF PEOPLE FROM THESE AREAS TO NO LONGER BE ABLE TO AFFORD TO LIVE IN THESE COMMUNITIES. AGAIN, WE'RE SEEKING FOR EQUITY. WE HAVE A LOT OF UNDEVELOPED, ABANDONED PROPERTIES IN EAST AUSTIN. AND I, ONCE AGAIN, WOULD LIKE TO MENTION TO YOU TWO PROPERTIES ABUTTING THE SOUP KITCHEN ON CESAR CHAVEZ. THEY'RE UP FOR SALE. THIS IS AN OPPORTUNITY TO BUY THESE TWO PROPERTIES TO BETTER ALLOW CONTROL OF WHAT DEVELOPMENT GOES IN THAT AREA.

Mayor Garcia: THOSE ARE PROPERTIES EAST OR WEST OF THE SOUP KITCHEN?

ONE IS EAST AND ONE IS SOUTH. THERE'S ONE NEXT TO THE ANDERSON DRUGS AND THEN THERE'S ONE EAST OF -- MAYOR MARY THEY HAVE ALL THOSE TRACTORS?

YES. THE ONE THAT'S EAST OF THE SOUP KITCHEN, ADJACENT TO THE SOUP KITCHEN IS A VACANT LOT. AND THEN THERE'S ONE SOUTH OF THE SOUP KITCHEN WHICH IS NEXT TO THE ANDERSON DRUGS. THOSE ARE TWO LOTS THAT ARE CURRENTLY VACANT RIGHT NOW. I WOULD ALSO LIKE TO TAKE THE OPPORTUNITY NOW TO SUGGEST THAT COUNCILMEMBER DANNY THOMAS, IF YOU WOULD EXPLORE USING HOLLY MITIGATION DOLLARS TO PROVIDE A WALK BEAT AROUND THE CESAR CHAVEZ AREA AND AS THE MAJORITY OF THIS COUNCIL ALSO GRANTED A WAIVER FOR AN ADDITIONAL SALE OF LIQUOR ON THIS STREET, I THINK THAT IT IS ALSO YOUR OBLIGATION TO PROVIDE SAFETY FOR THE NEIGHBORHOODS IF YOU'RE GOING TO MAKE THESE TYPE OF WAIVERS SO BUSINESSES CAN SELL LIQUOR AND MIXED DRINKS. I THINK THAT THIS WOULD BE AN EFFECTIVE RESPONSE AND PROTECTION FOR THE NEIGHBORHOOD. I'D ALSO LIKE TO MENTION TO YOU, COUNCILMEMBER THOMAS, THE NUMEROUS AMOUNTS OF PHONE CALLS THAT WE RECEIVED IN APPRECIATION OF YOUR STANCE AND YOUR SUPPORT FOR -- IN OUR OPPOSITION TO THIS WAIVER, AND I PERSONALLY DON'T HAVE E-MAIL AND PROBABLY WILL NEVER GET E-MAIL, AND SO WE STILL COUNT ON A LOT OF INPUT FROM OUR COMMUNITIES AS WE GO TO THE STORE AND GO TO CHURCH AND THINGS OF THIS. SO I JUST WANT TO THANK YOU AND RELAY THAT MESSAGE THAT WE RECEIVED FROM OUR COMMUNITY. AND ALSO REMIND THEM THAT ON MAY 3RD YOU AND TWO OTHER SEATS ARE AVAILABLE, WILL BE UP FOR REELECTION, AND THEY DID CONVEY TO US THAT THEY ARE READY TO GO DOOR TO DOOR AND GO KNOCKING AND MAKE SURE THAT YOU'RE REELECTED AGAIN BECAUSE OF THE STANCE AND THE SUPPORT THAT YOU HAVE GIVEN TO A COMMUNITY DISENFRANCHISED FROM THE GOVERNMENT. SO AGAIN, AGAIN AS YOU SPEND OUR TAX DOLLARS THAT YOU SEND THAT TEAM TO THE LEGISLATURE TO EXPLORE THESE TWO. WE'RE NOT AGAINST. THE REALITY IS THAT GROWTH IS COMING, BUT WE HAVE A WAY TO BALANCE THAT GROWTH SO THAT AUSTIN WILL REMAIN UNIQUE AND ITS CULTURE WILL CONTINUE TO DRAW PEOPLE FROM OUTSIDE THIS AREA AND I JUST GOT BACK FROM A TRIP TO MEXICO FOR TWO WEEKS AND I NEVER THOUGHT I WOULD MISS AUSTIN. AND ONCE I GOT BACK, I REALIZED THE UNIQUE AND BEAUTIFUL AREA THAT WE DO LIVE IN, AND WE WANT TO MAKE SURE THAT IT STAYS AND REMAINS THE SAME. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. HERNANDEZ. ACTUALLY, I CALLED YOU FOR 60 AND 62. 62 HAS BEEN PULLED BY COUNCILMEMBER THOMAS, BUT IF YOU HAVE TO LEAVE, I'LL READ YOUR COMMENTS INTO THE RECORD. THANK YOU. DR. HERRERA, AND FOLLOWING HER IS SUSANNA ALMANZA. THIS IS ON ITEM NUMBER 60.

THANK YOU. I'D ALSO LIKE TO ADDRESS THE PROCESS THAT WE'VE BEEN GOING THROUGH AND THE ACTUAL INFORMATION WE'VE BEEN PROVIDING ON GENTRIFICATION. IT HAS TO DO WITH WHAT WAS PREVIOUSLY MENTIONED IN TERMS OF DISTRICTS AND WAYS THAT WE MIGHT BE ABLE TO PROTECT OUR NEIGHBORHOODS FROM GENTRIFICATION AND PROPERTY APPRAISALS IN EAST AUSTIN AND THE IMPLICATIONS OF THE ZONING, HISTORIC ZONING OR ACTUALLY THE TAX EXEMPTIONS THAT ARE OCCURRING ON THESE PROPERTIES. AND WE HAVE BEEN WORKING AND PROVIDING INFORMATION TO THE GENTRIFICATION AND HISTORIC ZONING TASKFORCE THAT WAS CREATED AND WE'RE WORKING WITH THEM TO TRY TO BE CREATIVE IN APPROACHING THIS AND LOOKING AT THE CULTURAL PRESERVATION OF OUR NEIGHBORHOOD AND RECOGNITION AND ACKNOWLEDGMENT OF THOSE LONG TIME RESIDENTS AND COMMUNITIES THAT EXIST THERE IN EAST AUSTIN. AND SO THESE ARE SOME OF THESE ISSUES THAT WE FEEL NEED TO GO UP TO THE STATE LEGISLATION TO BE REVIEWED, BUT THAT WAS GOING TO GIVE US AN OPPORTUNITY TO ADDRESS THESE LOCAL ISSUES THAT ARE CONFRONTING EAST AUSTIN. THANK YOU.

Mayor Garcia: SUSANNA ALMANZA. WELCOME. I SUSPECT WHAT YOU'RE TALKING ABOUT IS INCLUDING SOME OF THESE ITEMS IN THE LEGISLATIVE PACKAGE THAT THE CITY WILL TAKE.

BEFORE YOU PUT THE CLOCK ON, MAYOR, I JUST HAD CLARIFICATION. DID WE SKIP 59 OR WHAT HAPPENED TO 59?

Mayor Garcia: 59 HAS BEEN PULLED BY COUNCILMEMBER THOMAS.

WHEN WILL WE HEAR THAT BECAUSE I'M HAVING TO LEAVE TO AND I'M JUST WONDERING.

Mayor Garcia: YOU CAN SIGN A CARD, PUT YOUR COMMENTS AND I'LL READ THEM AT THE TIME.

BUT DO YOU KNOW WHAT TIME IT WILL BE?

Mayor Garcia: I HAVE NO IDEA.

SO WE'RE GOING IN NO PARTICULAR ORDER. SO WE'RE AT 60 THEN.

Mayor Garcia: WE'RE ON THE CONSENT AGENDA RIGHT NOW. WHEN WE GO TO THE CONSENT AGENDA, WE'LL GO BACK TO THE BEGINNING AND I'LL APPROVE THE MINUTES AND GO ON TO ITEM 16 AND SO ON, THE ITEMS THAT HAVE BEEN PULLED, 16, 18, 26, 36, 59. 59 IS ACTUALLY THE LAST ITEM.

OKAY. THANK YOU.

Mayor Garcia: SO SIGN A CARD, GIVE IT TO THE LADY OUT THERE IN FRONT AND WRITE IN THERE WHAT YOU WANT US TO SAY.

OKAY. THEN MY COMMENTS OF GOING TO THE LEGISLATURE IS TIED TO THE RENT CONTROL, HOW WE NEED TO ALSO BE ADVOCATING. AND LAST TIME WE ASKED THAT THE CITY ALSO ADVOCATE ON RENT CONTROL AND ON LOW INCOME AFFORDABLE HOUSING DISTRICTS. BECAUSE WE FEEL THAT EVEN THOUGH WE'RE TAXPAYERS, OUR ISSUES ARE NOT REPRESENTED EQUALLY AT THE LEGISLATURE. MOSTLY THEY'RE ISSUES THAT ARE CONCERNED WITH AUSTIN, AND WE FEEL IT'S VERY IMPORTANT THAT THE CITY ALSO REPRESENT THE TAXPAYERS OF EAST AUSTIN. ALSO, TOO, I JUST WANT TO STATE FOR THE RECORD THAT THERE'S A LOT OF ISSUES REGARDING THIS -- THE CHAMBER OF COMMERCE, AMERICAN DREAM. I'M AFRAID IT COULD BE AN AMERICAN NIGHTMARE BECAUSE WE'RE LOOKING AT PEOPLE THAT ARE ACTUALLY -- THAT ARE BEHIND ON THEIR TAXES THAT ARE STILL LIVING IN THESE PROPERTIES THAT COULD BE TAKEN FROM THEM. ALSO, WHEN WE DID OUR --

Mayor Garcia: THAT ITEM IS ALSO PULLED.

I KNOW, BUT I'M TALKING ABOUT THAT PARTICULAR ITEM BECAUSE I MIGHT NOT BE HERE.

Mayor Garcia: OKAY.

AND THE OTHER THING IS THAT WE ALSO HAVE PEOPLE -- INSTEAD OF TAKING THE HOMES ON FORECLOSURES LIST, THERE SHOULD BE A PROGRAM HELPING THESE PEOPLE TO PAY THOSE BACK TAXES OR WAIVE THOSE TAXES SO THAT THEY CAN STAY IN THEIR HOME BECAUSE MOST OF THE FORECLOSURES ARE IN EAST AUSTIN. WE'RESO WE'RE REALLY DOING A DISSERVICE BY DISPLACING THE PEOPLE WHO ARE RENTERS WHO THE OWNERS ARE BEHIND ON THEIR TAXES. WHEN WE TALK ABOUT GENTRIFICATION, THIS IS ALL TIED UP WITH THE SO-CALLED AMERICAN DREAM PROCESS BECAUSE YOU'RE TALKING ABOUT A PRIVATE ENTITY AGAIN COMING IN AND WHAT WOULD BE THE CONTROL. YOU'RE TALKING ABOUT ONLY ADVISORY CONTROL IN THIS PARTICULAR ISSUE. AND I THINK THAT THAT RAISES A LOT OF CONCERN FOR OUR COMMUNITIES, ESPECIALLY SINCE WE HAVE SEEN, YOU KNOW, THE HISTORIC ZONING AND WHAT IT'S DOING TO OUR COMMUNITIES. AND NOW THE CHAMBER OF COMMERCE COMING IN AND BUYING FORECLOSED PROPERTIES AND CONTROLLING THAT. AND THEN USING THE H.U.D. FOR AFFORDABLE MEDIAN INCOME WHEN YOU LOOK AT EVEN 40%, 50%, YOU'RE TALKING ABOUT 45 TO $60,000, THAT IS NOT THE MEDIAN INCOME FOR EAST AUSTIN. THERE NEEDS TO BE ALSO MAYBE HAVE THE STATE LEGISLATURES LOOK AT HOW WE MIGHT ADJUST THAT MEDIAN INCOME TO HAVE ONE FOR A PARTICULAR PART OF THE TOWN, ESPECIALLY LOOKING AT, YOU KNOW, COMMUNITIES OF COLOR AND THOSE THAT LIVE EAST OF 35, HOW DO YOU DO A MEDIAN INCOME FOR THE WHOLE CITY WHEN WE'RE LIVING IN A RICH PROPERTY DISTRICT WHICH IS NOT REALITY IN OUR COMMUNITIES. THOSE ARE THINGS THAT I SAY WE NEED TO LOOK AT, BECAUSE LIKE I SAID, THIS AMERICAN DREAM COULD BECOME AN AMERICAN NIGHTMARE FOR US AND COULD THEN JUST SUPERSEDE AN ADVANCED GENTRIFICATION THAT'S HAPPENING IN IN OUR COMMUNITIES BECAUSE WE ARE SUFFERING BIG TIME, ESPECIALLY IN THESE ECONOMIC TIMES OF THE TAXES THAT ALWAYS HAPPEN. WHEN THERE'S A RECESSION, IT'S A TRIPLE, QUADRUPLE RECESSION FOR US IN THE COMMUNITIES BECAUSE WE WERE ALREADY AT THE BOTTOM OF THE WAGE LADDER. [ BUZZER SOUNDS ] SO I ASK YOU TO LOOK AT THAT. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, MS. ALMANZA.

Goodman: MAYOR? WHEN WE GET TO THAT ITEM, MAYBE WHAT WE CAN DO IS GET A COPY OF THE TAPES FOR SUSANA BECAUSE WHAT SHE JUST DESCRIBED AS AMERICAN DREAM ON THE ININTERLOCAL, THERE'S NO RESEMBLANCE AT ALL TO WHAT IS PROPOSED IN THIS. AND I KNOW THERE HAVE BEEN SOME PEOPLE HAVE ASSUMED A LOT OF THINGS WERE BEING PUT FORWARD WITH THIS INTERLOCAL AGREEMENT FROM TAXING AUTHORITIES, BUT IT IS NOTHING LIKE WHAT A LOT OF PEOPLE ARE ASSUMING. SO CAN WE DO THAT? CAN WE SEND HER A TAPE AND INFORMATION IF SHE CAN'T STAY?

Mayor Garcia: OKAY. MS. ALMANZA, WE WILL BE SENDING YOU THE TAPE SO THAT YOU WILL GET AN IDEA OF WHAT IT IS THAT THIS ITEM IS SUPPOSED TO DO. OKAY. ON ITEM NUMBER 19,, THE HOPWA CONTRACTS. I WOULD LIKE TO ADD THAT WE DIRECTED THE STAFF TO INCORPORATE INTO THE NEGOTIATION LANGUAGE TO ADDRESS, ONE, A HARM REDUCTION PLAN, AND THAT'S EXPLAINED IN THIS SHEET THAT I'M GOING TO GIVE YOU, CITY MANAGER. TWO, MONITORING THE CONTRACTORS IMPLEMENTATION OF THE APPROVED PLAN TO VERIFY THAT IT CONTINUES TO BE APPLIED THROUGHOUT THE TERM OF THE CONTRACT. NUMBER 3 IS TO BRING BACK TO COUNCIL FOR EXECUTION THIS ITEM ON AUGUST THE 29TH. SO LET'S ADD THAT TO ITEM NUMBER 16 -- TO NUMBER 19. MAYOR PRO TEM AND COUNCILMEMBER ALVAREZ, ANY OTHER CLARIFICATIONS IN ITEMS 47 AND 48.

MAYOR, THE ONLY THING, THAT'S THE -- WHAT WE WERE DISCUSSING WAS THE SCHOOL SAFETY FUNDS THAT ARE PART OF THE CAPITAL METRO FUNDS ALLOCATION ITEM. AND THE ONLY THING I WOULD ADD IS THE DISCUSSION WE HAD PRIOR TO THIS WOULD ALLOW THOSE FUNDS TO BE ABLE TO MATCH THE SCHOOL PROGRAM AND IT'S A FOUR TO ONE MATCH, WHICH MEANS THAT WE CAN -- IF THE CITY WORKS COOPERATIVELY WITH SCHOOLS TO PUT FORWARD SOME SPECIFIC AN APPLICATION WITH SPECIFICS ON SCHOOL SAFETY AND THE CITY PUTS UP A MATCH, MAYBE WE COULD GET A FOUR TO ONE MATCH AND WE COULD DO A GOOD JOB OF LEVERAGING THOSE FUNDS, SIMILAR TO WHAT WE DID LAST YEAR. AND THE ONLY THING I WOULD ASK STAFF AND CITY MANAGER IS TO MAKE SURE WE DON'T ALLOCATE OR DISTRIBUTE THOSE FUNDS UNTIL THE DEADLINE OF DECEMBER FIRST SO THAT WAY WE'LL KNOW HOW MUCH WE NEED TO PUT UP AS A MATCH THEN. AND THEN WE COULD PROCEED AND ALLOCATE THE REMAINING FUNDS AFTER THAT. BUT BETWEEN NOW AND THEN, THERE'S AN OPPORTUNITY FOR THE PTA'S AND THE SCHOOL ADMINISTRATION AND THE CITY TO KIND OF WORK TOGETHER TO IDENTIFY SOME MUCH NEEDED SCHOOL SAFETY PROJECTS AND JUST MAKE SURE THAT ALL THOSE FUNDS AREN'T TIED UP BY THE TIME THE ALLOCATION IS -- BY THE TIME THESE DEADLINES ARE RUNNING OUT.

Futrell: I SEE A NOD FROM OUR TRANSPORTATION DIRECTOR, SO WE MIGHT WANT TO NOTE THAT.

Slusher: MAYOR, I WANT TO PUT 18 BACK ON. I'VE HAD A QUESTION ANSWERED ON THAT ONE. AND IF YOU WOULD SHOW ME ABSTAINING ON 24.

THAT'S BEEN POSTPONED.

Slusher: I'M GOING TO ABSTAIN ON POSTPONEMENT TOO. IT'S NEAR MY HOUSE, SO I DON'T VOTE ON THAT ITEM. AND COUNCILMEMBER DUNKERLEY, ARE YOU GOING TO PULL 22 AND 23?

> Dunkerley: I WANTED TO MAKE SURE THAT ON ITEM 23 THAT I THINK LOTS 16 -- TRACT 16 AND 17 HAVE TO BE TREATED DIFFERENTLY FROM THE REST OF THE RESOLUTION. SO IF WE CAN PULL THOSE TWO OUT, WE COULD LEAVE THE REST OF IT ON CONSENT.

ACTUALLY, THAT'S ALL YOU HAVE IS TRACT 16 AND 17. IF WE COULD GIVE YOU A VERY BRIEF OVERVIEW AND THEN YOU CAN PUT IT ON CONSENT. WE HAVE HANDED YOU THE YELLOW MOTION SHEET IN FRONT OF YOU. SO IF SOMEONE WANTS TO MAKE A MOTION BASED ON THOSE SHEETS, WE COULD CERTAINLY PROCEED ON CONSENT WITH THAT.

WHY DON'T WE JUST PULL IT.

Mayor Garcia: OKAY. ITEMS 22 AND 23 ARE OFF THE CONSENT AGENDA, PULLED BY COUNCILMEMBER DUNKERLEY. FURTHER DISCUSSION ON THIS MOTION AND SECOND ON THE CONSENT AGENDA.

Wynn: MAYOR, I'D LIKE TO CONFIRM ON ITEM 47 AND 48 THE CAPITAL METRO FUNDING PROJECTS, THERE'S A REVISED FUNDING CHART THAT I THINK IS ON THE DIAS AND I WANT TO CONFIRM THAT THAT'S WHAT WE'RE DISCUSS. I DON'T THINK IT REGARDS AMENDING THE ORDINANCE ITSELF.

Mayor Garcia: THAT'S EXACTLY WHAT WE'RE DISCUSSING. THAT'S THE COMMON TRAIT IN THESE TWO ITEMS. AND DOES IT HAVE THE ITEMS WITH REGARD TO THE VISIONING PROJECT?

Wynn: YES, SIR, ECIAL FOR THE -- ESSENTIALLY FOR THE SOAKS LISTENING, THE DIFFERENCE BETWEEN THIS PROPOSAL AND WHAT WE RECENTLY GOT LAST WEEK FROM STAFF, UNDER THE HEADING NUMBER ONE, WHICH IS REGIONAL MOBILITY PROJECTS, THERE WAS AN INTERIM MOBILE STATION PLANNING AND IMPLEMENTATION LINE ITEM FOR TWO MILLION DOLLARS. THAT HAS NOW BEEN REDUCED BY 500,000 TO 1.5 MILLION. AND A FIFTH PROJECT UNDER THAT HEADING HAS BEEN ADDED, WHICH IS AN ADDITIONAL 500,000-DOLLAR FUNDING FOR THE REGIONAL VISIONING STUDY OR VISION CENTRAL TEXAS, COMBINED THIS MOVEMENT WITH BRINGING THE TOTAL CITY FUNDING, FUTURE FUNDING FOR THAT PROJECT UP TO $750,000. AND FOLKS, IF YOU'RE WONDERING, THE PROJECT IS ABOUT $2.2 MILLION AND ABOUT A TWO-YEAR PROJECT. THE CITY OF AUSTIN REPRESENTS BETWEEN 55 AND 57% OF THE POPULATION OF THIS FIVE-COUNTY REGIONAL PLANNED AREA, AND THIS WILL GET US UP INTO THE 35, 37% FUNDING RANGE. SO WE'RE STILL WELL BELOW FOR THE PROPORTION OF FUNDING ON THAT PROJECT. AND INTERESTINGLY ENOUGH, NEXT MONDAY THERE'S GOING TO BE A REGIONAL BUS TOUR WITH MANY OF THE BOARD MEMBERS OF THAT PROJECT ON BOARD AND THERE WILL BE STOPS IN ROUND ROCK, TAYLOR, CEDAR PARK, DRIPPING SPRINGS, SMITHVILLE, OTHER REGIONAL CITIES TO TRY TO PROMOTE THE OTHER REGIONAL PIECES OF OUR FUNDING PROGRAMS.

Mayor Garcia: IF I MAY SAY SO, I'M GLAD TO KNOW THAT HELPS, COUNCILMEMBER WYNN, WITH THE CALCULATION OF THE PERCENTAGES.

> Wynn: YOU DID A VERY GOOD JOB. THANK YOU.

Goodman: MAYOR, COULD I ASK COUNCILMEMBER WYNN SOMETHING ABOUT THE VISIONING PROJECT?

Mayor Garcia: SURE.

Goodman: YOU KNOW, SO MANY PEOPLE HAVE TRIED TO INITIATE THE RELATIONSHIPS FOR REGIONAL PLANNING. AND THERE ACTUALLY ARE A FEW POTENTIAL POTENTIAL KEY EITHER INITIATIVES OR ORGANIZATIONS OR IN ONE CASE AN HE EVENT GOING TO HAPPEN OVER THE NEXT YEAR THAT MIGHT FURTHER PRODUCE RESULTS RELATIVE TO THE PEOPLE ACTUALLY TALKING TO EACH OTHER WHO DON'T NORMALLY DO THAT IN THE REGION. SO I WONDERED IF THE VISIONING FOLKS ARE GOING TO PARTICIPATE OR GOING TO ATTEND THESE -- TO THE PLANNING INITIATIVE THAT HAS TO DO WITH THE SALAMANDER HABITAT AND ALL OF THE BARTON SPRINGS ZONE. AND IT MAY EVEN GO BEYOND THAT, THE RECHARGE AND CONTRIBUTING ZONES. SO YOU HADN'T MENTIONED ANYBODY FURTHER SOUTH. IS THIS THE SORT OF THING THAT THE VISIONING FOLKS ARE SORT OF LOOKING TO GET INVOLVED IN?

> Wynn: ABSOLUTELY. AND IF I CAN, THE BOARD OF THE FIVE-COUNTY AREA OR REGIONAL VISIONING PROJECT IS AT 60 TO 70 PEOPLE RIGHT NOW, BUT THERE'S A VERY STRUCTURED MATRIX SET UP TO CONTROL HOW THAT BOARD IS BALANCED. IN FACT, WE MADE SURE, AS AN EXAMPLE, THAT TRAVIS COUNTY AND/OR THE CITY OF AUSTIN AT ANY TIME NEVER HAS A VOTING MAJORITY ON THE BOARD. EVEN WITH THE INDIVIDUAL COUNTIES, THE FIVE-COUNTY AREAS WHO DID A GOOD JOB OF REACHING OUT AND FINDING CALDWELL, HAYS, WILLIAMSON AND BASTROP COUNTIES, EVEN THEIR MAKEUP OF THE PIECES OF BOARD ARE MADE UP OF ENVIRONMENTAL ACTIVIST, HISTORIC PRESERVATIONISTS, RANCHERS, FARMERS, BUSINESS LEADERS, ETCETERA. SO AT ANY GIVEN TIME OF THE 65, 70 BOARD MEMBERS ON THIS REGIONAL VISIONING BOARD, THERE'S PROBABLY, YOU KNOW, A SIGNIFICANT NUMBER OF FOLKS THAT ARE INVOLVED IN THE BARTON SPRINGS, EDWARD'S AQUIFER DISTRICT, THE WHOLE SOUTHWEST PORTION OF OUR REGION. AND I KNOW THAT THERE'S A COUPLE OF REGIONAL WORKSHOPS THAT ARE ALREADY PLANNED OUT FOR NORTHERN HAYS COUNTY SORT OF SPECIFICALLY RELATED TO THAT. AND IF I CAN, THE -- ONE OF THE ISSUES THAT IS VERY ENCOURAGING ABOUT THIS PROJECT VERSUS PREVIOUS ATTEMPTS AT SORT OF REGIONAL PLAN SG THAT THE DATA AND THE COMPUTER GENERATED INFORMATION IS SO MUCH BETTER THAN IT'S EVER BEEN, SO AT ANY GIVEN TIME THE BOARD IS ABLE TO WITH THE HELP OF THE CONSULTANT, YOU KNOW, OVERLAY CRITICAL WATER FEATURES, SLOPE CATEGORIES, RECHARGE ZONES, YOU KNOW, WATERSHEDS. AND IT'S A -- THE ENVIRONMENT IS A SIGNIFICANT DRIVING FORCE BEHIND THE PRODUCT AND ULTIMATELY THESE REGIONAL WORKSHOPS WILL TRY TO WORK AROUND. SO IT'S VERY ENCOURAGING FROM THE WHOLE EDWARD'S AQUIFER RECHARGE ZONE IDEA.

Mayor Garcia: ANY OTHER QUESTIONS ON THE CONSENT AGENDA? COMMENTS? COUNCILMEMBER THOMAS?

Thomas: AFTER TALKING TO MY COLLEAGUE, YOU CAN PUT 62 BACK ON.

Mayor Garcia: 62 IS BACK ON THE CONSENT AGENDA. OKAY. AND I THINK ALL OF YOU HEARD THE COMMENTS BY MR. HERNANDEZ ON THAT ISSUE.

Slusher: MAYOR? I WANT TO THANK COUNCILMEMBER THOMAS FOR PUTTING THAT BACK ON. WHAT I HAD MENTIONED TO HIM, THIS IS A FUND THAT'S GOTTEN SOME PLAY IN THE MEDIA ALREADY SO SOME PEOPLE KNOW WHAT I'M TALKING ABOUT, BUT TO PURCHASE LAND OVER THE AQUIFER, BUT TO TRY TO SET IT UP WHERE PRIVATE INDIVIDUALS OR CORPORATIONS ARE FUNDING PURCHASES OVER THE AQUIFER BECAUSE I THINK TO BUY MORE LAND, THAT'S WHAT IT'S GOING TO TAKE. THE CITY HAS A NUMBER OF OTHER SERIOUS BUDGET CHALLENGES LIKE OTHER CITIES AROUND THE NATION AND WE CAN'T AFFORD TO BUY MORE LAND OVER THE EDWARD'S AQUIFER. AT THIS TIME THE CITY HAS BOUGHT THOUSANDS OF ACRES OVER THE LAST 10 YEARS, ABOUT 16,000 OVER THE LAST FIVE YEARS. WE'D LIKE TO HAVE MORE, BUT I THINK THE CITY FUNDS ARE GOING TO HAVE TO GO INTO OTHER NEEDS FOR A FEW YEARS AND SO THAT'S WHAT THIS ITEM IS IS, AGAIN, TO SET THAT UP. BUT THANKS FOR PUTTING THAT BACK ON, COUNCILMEMBER THOMAS.

Mayor Garcia: OKAY. I'LL READ THE CONSENT AGENDA AT THIS TIME. THAT'S ITEMS 17, 18,. 19 WE CHANGED FROM EXECUTION TO NEGOTIATION. 20, 21. 24 FOR POSTPONEMENT TO AUGUST THE 29TH. 26 FOR POSTPONEMENT TO THE 29TH. 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 57 5747 WITH THE EXPLANATION THAT COUNCILMEMBER WYNN AND THE MAYOR PRO TEM MADE. ITEM 48. 51, 52, 53, 54 FOR POSTPONEMENT TO INDEFINITE. 55, 56 WITH THE APPOINTMENTS READ INTO THE RECORD BY MS. BROWN. 58 FOR POSTPONEMENT TO THE 29TH OF AUGUST. 60 WITH THE APPOINTMENTS OF MAYOR GARCIA, MAYOR PRO TEM GOODMAN, COUNCILMEMBER SLUSHER TO THE COMMITTEE. THAT COMMITTEE WILL BE ENLARGED TO A COMMITTEE OF THE WHOLE AS SOON AS SOME OF THE PRELIMINARY WORK IS COMPLETED. 61, 62 AND 63. THERE'S BEEN A MOTION AND A SECOND. FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR -- WAIT A SECOND. ON 19 I'D ALSO LIKE TO SAY THAT WITH THE CHANGE IN THE NEGOTIATION WORD AND ALSO ON THE CHANGE I READ INTO THE RECORD.

Brown: ALSO ON 24 THAT COUNCILMEMBER SLUSHER IS ABSTAINING FROM.

Mayor Garcia: YES. ON 24 IS A POSTPONEMENT TO THE 29TH AND THE COUNCILMEMBER IS ABSTAINING ON THAT VOTE. ANY FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. WE'RE BACK TO THE -- THE APPROVAL OF THE MINUTES FROM THE WORK SESSION OF AUGUST 7TH AND THE REGULAR PLEEGHT OF AUGUST 8TH. I'LL ENTERTAIN A MOTION.

Thomas: SO MOVE, MAYOR.

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

AYE.

Mayor Garcia: MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] 3:30. (3:32).

... A GOOD NEIGHBOR POLICY WITH THE NEIGHBORHOODS SURROUNDING THE AIRPORT TO MAKE SURE THAT WE ARE DOING OUR PART TO CONTROL THE NOISE. THE PROCESS THAT WE USE FOR SOLICITATION IN THIS PROCESS WAS A TWOFOLD PROCESS. THE FIRST PART WAS TO SOLICIT WRITTEN PROPOSALS. THERE'S JUST SO MUCH THAT YOU CAN LEARN FROM A WRITTEN PROPOSAL. A LOT OF IT IS REALLY ADVERTISING, SO YOU HAVE TO GO TO THE SECOND STAGE, WHICH IS AN INTERVIEW PROCESS WHERE YOU ACTUALLY BRING THE SELECTED PARTIES IN TO DEMONSTRATE THEIR PARTICULAR EQUIPMENT. AND WHEN WE WENT THROUGH THE DEMONSTRATION PROCESS, BACK UP TO THE PROPOSAL PROCESS, WHEN WE DID THE PROPOSAL PROCESS, THERE WERE TWO FIRMS THAT CLEARLY HAD THE BETTER PROPOSALS. ONE WAS THE LOCHARD CORPORATION, THE OTHER ONE WAS BAE, BRITISH AEROSPACE. THEY WERE CLOSELY TIED. WE WENT TO THE INTERVIEW PROCESS, HOWEVER, LOCHARD DEMONSTRATED THEIR PRODUCT IN OUR VIEW BETTER THAN BAE DEMONSTRATED THEIR PROJECT AND THEY GOT A HIGHER SCORE. THAT'S WHAT SEPARATED THE TWO FIRMS IN GOING THROUGH THE PARTICULAR PROCESS. THE PARTICULAR DIFFERENCES ARE WHAT WE ARE BUYING IS ESSENTIALLY SOFTWARE AND HARDWARE THAT GOES OUT INTO THE FIELD TO MONITOR THE NOISE. WE BUY MICROPHONES, WHICH GET STATIONED AT STRATEGIC LOCATIONS AROUND THE AIRPORT WHERE WE CAN MEASURE NOISE. WE HAVE PORTABLE MICROPHONES THAT WE CAN TAKE WHEN WE HAVE SPECIFIC NEIGHBORHOOD COMPLAINTS OUT TO THOSE PARTICULAR AREAS AND MONITOR THE NOISE THAT THOSE PARTICULAR AREAS ARE HEARING. MICROPHONES, WHICH WERE PUT INTO THE PROPOSAL BY LOCHARD WE FEEL WERE SUPERIOR TO THE ONES RECOMMENDED BY BAE BECAUSE SOME OF THE NEIGHBORHOODS HAVE VARYING LEVELS OF NOISE DEPENDING ON THE TIME OF DAY. EVEN BEING IN THE NEIGHBORHOOD WITH A LOT OF TRUCK TRAFFIC DURING THE DAY, THERE'S A HIGH LEVEL OF AMBIENT NOISE. BUT IN THE EVENING IT MAY BE VERY QUIET. SO THERE'S DIFFERENT LEVELS OF AMBIENT BACKGROUND. THE LOCHARD MICROPHONES COULD DEAL WITH THAT BETTER THAN THE MIKE FORES AVAILABLE FROM BAE. IN ADDITION THE SOFTWARE THAT WAS RECOMMENDED TO US FROM LOCHARD, IN OUR STAFF'S EVALUATION, IT WAS EASIER TO GENERATE REPORTS OFF THE LOCHARD EQUIPMENT AND -- AND IT WAS EASIER TO -- TO -- OR MORE ILLUSTRATIVE FOR DEMONSTRATION PURPOSES WHEN WE WENT OUT TO THE NEIGHBORHOODS TO SHOW ON A PARTICULAR PAR SELL OF LAND WHAT WAS -- PARCEL OF LAND WHAT WAS REALLY GOING ON WHEN THE PLANE FLEW OVERHEAD AND NOISE LEVELS THAT WERE OCCURRING. BASED ON THAT, LOCHARD IS OUR RECOMMENDATION. OVERALL, IN ADDITION, LOCHARD'S PROPOSAL IS $77,000 LESS EXPENSIVE FOR THE INITIAL INSTALLATION. IF YOU TAKE IT OVER THE MAINTENANCE PERIOD, IT WAS $54,000 CHEAPER. IN ADDITION LOCHARD ALSO HAD A HIGHER MINORITY PARTICIPATION IN THEIR CONTRACT THAN BAE'S PROPOSAL. SO OVERALL BASED ON THE PRICE, MINORITY PARTICIPATION, STAFF'S EVALUATION OF THE SOFTWARE AND HARDWARE CAPABILITIES, WE ULTIMATELY FELT THAT THE LOCHARD PROPOSAL WAS BETTER. IN ADDITION TO THAT, CHECKING AROUND WITH OTHER AIRPORTS, LOCHARD IS INSTALLED IN 129 AIRPORTS AROUND THE WORLD, WHERE BAE IS ONLY IN 26 AIRPORTS AROUND. SO THERE WAS A LONGER TRACK RECORD WITH LOCHARD AND IN CHECKING WITH THE VARIOUS AIRPORTS WE GOT GOOD REPORTS ON -- ON THE QUALITY OF THEIR SERVICES. SO BASED ON THAT, THAT WAS THE STAFF'S RECOMMENDATION AND I KNOW THERE IS SPEAKERS, I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE NOW OR AFTER THE SPEAKERS OR HOWEVER YOU WOULD LIKE TO PROCEED.

Mayor Garcia: ARE THERE ANY QUESTIONS FOR MR. SMITH HAVE AT THIS TIME? HE WILL ALSO BE AVAILABLE FOR QUESTIONS AFTER THE SPEAKERS ADDRESS THE COUNCIL. OKAY. I HAVE THE CARDS AND IN NUMERICAL ORDER, HOWEVER I HAVE RECEIVED A REQUEST FROM THE SPEAKERS TO CHANGE THE ORDER. SO I WILL DO THE -- I WILL DO THAT. THE FIRST SPEAKER IS LARRY DUSSER, COUNCILMEMBER, WELCOME.

GOOD AFTERNOON, MAYOR PRO TEM. MAYOR, MAYOR PRO TEM, COUNCILMEMBERS. I'M LARRY DUESSER, MY -- MY HOME IS AT 11800 MUSTANG CHASE. I HAVE LIVED IN AUSTIN FOR 35 YEARS. I WAS AN ADOPTED TRANSPLANT TO AUSTIN. WE COME TO YOU TODAY TO ANSWER QUESTIONS AND THAT HAVE ARISEN OVER THE PAST TWO MONTHS AND GIVE SOME CLARIFYING REMARKS REGARDING THE AWARD FOR THE CONTRACT FOR THE AUSTIN AIRPORT. AS YOU KNOW, I WORK AT TRACOR SLASH BAE SYSTEMS, IT IS NOT BRITISH AEROSPACE, IT NEVER HAS BEEN. BAE DOES NOT MEAN ANYTHING, IT WAS AN AMALGOMATIOM MARKONI AND BRITISH AEROSPACE, THAT'S WHO WE WORK FOR. AND WE HAVE A SIGNIFICANT PRESENCE IN THE UNITED STATES. 25,000 EMPLOYEES OVERALL. I'M CELEBRATING MY 25TH ANNIVERSARY AT THE COMPANY AND THE PEOPLE THAT YOU HEAR FROM TODAY ARE MY FRIENDS. SO I CHOSE TO JUST SPEAK RIGHT ALONG WITH THEM. AFTER A FEW INTRODUCTORY REMARKS, I WOULD WITH THE MAYOR'S PERMISSION LIKE TO RETURN AT THE END OF THESE OTHER FOUR SPEAKERS TO SUMMARIZE AND ANSWER ADDITIONAL QUESTIONS THAT YOU MAY HAVE. THESE SYSTEMS THAT WE MAKE HAVE EVOLVED OVER 20 YEARS AND WE HAVE BEEN DESIGNING THEM TO VARIOUS -- TO INCLUDE VERY SOPHISTICATED COMPUTER BASED SYSTEMS AND -- AND IN FACT OUR SYSTEM IS WEB BASED. THAT'S A SIGNIFICANT -- SIGNIFICANT IMPORTANT FACTOR. AND SO FROM THE -- FROM THE INFORMATION THAT'S PROVIDED, THE SIGNALS ARE OBTAINED AT THE LISTENING STATIONS, FROM THE -- FROM THE RADAR TRACKS OF THE AIRPLANES, FROM AERIAL PHOTOGRAPHS, FROM -- FROM BUILDING HEIGHTS, NEIGHBORHOOD MAPS, WE ARE ABLE TO PRODUCE A -- A 3-D AND 2-D TYPE ANIMATED PRESENTATION. THESE NUMBERS ARE ALSO USEFUL IN PROVIDING RESPONSE TO CITIZENS COMPLAINTS, AND ALSO TO PROVIDE DATA DIRECTLY TO PUBLIC OFFICIALS, INCLUDING COUNCILMEMBERS, AND POTENTIALLY TO THE RESIDENTS IN THE AFFECTED AREAS. THROUGH THE INTERNET. THE SYSTEMS OFFERED BY BAE SYSTEMS ARE -- ARE STATE-OF-THE-ART IN EVERY WAY. THAT'S WHY WE HAVE SO MANY NEW AND REPEAT CUSTOMERS. ALL OF OUR SYSTEMS ARE IN THE UNITED STATES. SO THE NUMBERS CHANGE A LITTLE BIT WHEN YOU TAKE THAT INTO CONSIDERATION AND -- AND WE HAVE THE ONLY TWO FULL-UP SYSTEMS IN THE STATE OF TEXAS. ONE AT DFW AND ONE AT LOVE FIELD. AND AUSTIN WOULD BE THE THIRD. SO OUR SPEAKERS WILL EMPHASIZE, IN ORDER, MR. HOWARD WORD WILL TALK ABOUT -- ABOUT COMPANY HISTORY AND THE -- IN THE AIRPORT NOISE MONITORING AREA AND THE R.F.P. PROCESS, DAVID RHODY AN OVERVIEW OF THE SOFTWARE HARDWARE THAT MEETS ALL OF THE REQUIREMENT. KAREN MALONE WILL TALK ABOUT THE EASE OF USE AND TRAINING WITH THE SYSTEM AND SOME EXAMPLES, SOME AIRPORT SUCCESS STORIES. IN ADDITION, MR. MARSHAL [INAUDIBLE] WILL TALK ABOUT HIS EMPHASIS ON CUSTOMER SUPPORT. AND THEN I WOULD LIKE TO WRAP UP AT THE END. THANK YOU.

Mayor Garcia: THANK YOU, COUNCILMEMBER. MR. HOWARD WORD, HE HAS SIX MINUTES. MS. KAREN MALONE HAS GIVEN HIM -- NO. I TAKE THAT BACK.

GYM TO GO --

CALLAHAN GAVE YOU -- THREE MINUTES, SO YOU HAVE SIX MINUTES.

I WON'T TAKE THAT LONG. GOOD AFTERNOON, MAYOR, MAYOR PRO TEM, AND COUNCILMEMBERS. MY NAME IS HOWARD WORD, I LIVE AT 3000 WASHINGTON SQUARE, AUSTIN, TEXAS. I WORK FOR BAE SYSTEMS, AN AUSTIN COMPANY, OF APPROXIMATELY 800 EMPLOYEES LOCATED NEAR MLK AND ED BLUESTEIN, BOULEVARD. YOU HAVE KNOWN US IN THE PAST AT TRACORP WHICH HAS BEEN PART OF AUSTIN'S ECONOMY SINCE 1955. TODAY BY ANY NAME WE ARE STILL THE SAME COMPANY WITH MANY OF THE SAME EMPLOYEES WHO LIVE, WORK AND PAY TAXES IN THIS GREAT CITY. BAE SYSTEMS WAS ONE OF FOUR COMPANIES COMPETING FOR THE AUSTIN-BERGSTROM INTERNATIONAL NOISE AND FLIGHT TRACK MONITORING SYSTEM. WE HAVE BEEN SUCCESSFULLY BUILDING AND INSTALLING AND SUPPORTING NOISE AND FLIGHT TRACK MONITORING SYSTEMS IN MAJOR AIRPORT HUBS FOR OVER 30 YEARS FROM OUR CURRENT LOCATION. WE HAVE 25 U.S. INSTALLATIONS, AND OUR CUSTOMERS INCLUDE, AMONG OTHERS, DFW, LOVE FIELD, JFK, LA GUADALUPE I CAN'T, NEWARK, ATLANTA, PHILADELPHIA, ST. LOUIS, PHOENIX, BALTIMORE WARRANT, LAGUARDIA. CITY STAFF ARE RECOMMENDING THE COUNCIL APPROVE A COMPANY LOCHARD, AN AUSTRALIAN COMPANY WITH OFFICES IN MASSACHUSETTS. I'M NOT HERE TO DENIGRATE OUR COMPETITOR OR THEIR PRODUCTS BECAUSE I BELIEVE THEY MAKE A GOOD SYSTEM, BUT SO DO WE. I AM HERE TO REQUEST THAT THE COUNCIL -- BEFORE DECIDING ON THE MATTER, TAKE INTO ACCOUNT CERTAIN FACTS AND CHARACTERISTICS OF THIS PROCUREMENT THAT MIGHT NOT NECESSARILY BE EVIDENT IN YOUR BRIEFING MATERIALS. BAE SYSTEMS OFFER RECEIVED AN OVERALL HIGHER PROPOSAL EVALUATION, SCORING 92 POINTS VERSUS LOCHARD'S 91 OUT OF A TOTAL OF 100 AND WE COULD HAVE BEEN THE RECOMMENDED VEND DOOR BASED ON THIS OUTCOME ALONE. THE PROPOSAL EVALUATION SCORED SYSTEM REQUIREMENTS, SOFTWARE, HARDWARE, WARRANTY, TECHNICAL SUPPORT, EXPERIENCE, MANAGEMENT, PERSONNEL, SCHEDULE, REFERENCES, FINANCIAL STABILITY, AND LAST BUT NOT LEAST, COST. AT THIS POINT, THE CITY JUDGED BAE SYSTEMS THE BEST OF THE FOUR OFFERS, INCLUDING THE COMPANY RECOMMENDED TODAY. WE ONLY SCORED LESS POINTS OUT OF A TOTAL OF 25 DURING THE OPTIONAL INTERVIEW PHASE. OUR PROPOSAL CONTAINED AN OPTION TO HOST THE DATA BASE AND CENTRAL SOFTWARE ON OUR SERVER FOR A $50,000 PRICE REDUCTION AND THE TOTAL SYSTEM COST, USING OUR LATEST VERSION OF SOFTWARE ETAMUS. IT'S A STATE-OF-THE-ART HARDWARE AND SORT OF WEAR SYSTEM EASY TO USE AND PROVIDES ACCESS TO AIRPORT NOISE INFORMATION, NOT ONLY TO MEMBERS OF CITY STAFF, BUT ALSO TO COUNCILMEMBERS AND CITIZENS OVER THE INTERNET. AUSTIN WOULDN'T BE THE FIRST TO ADOPT ETAMUS, IT'S PRESENTLY IN USE AT JFK, LA GUARDIA, NEW YORK, AND SANTA MONICA AND HAS RECENTLY BEEN PURCHASED BY BALTIMORE-WASHINGTON. MANY OF OUR EXISTING CLIENTS HAVE EXPRESSED INTEREST IN MIGRATING TO ETAMUS SO THE TREND TO WEB BASED SOFTWARE IS CLEAR. THE ETAMUS OPTION ALSO SAVES TIME AND RESOURCES IN OVERSEEING AN ADDITIONAL SERVER AND SAVES ON INFRASTRUCTURE AND SYSTEM LIFE CYCLE COSTS TO THE CITY. THE $50,000 PRICE REDUCTION PLUS AUTO REDUCED COST OF OWNERSHIP OVER AN ASSUMED 10 YEAR LIFE OF THE SYSTEM SHOULD MORE THAN ECLIPSE ANY PRICE DIFFERENCES BETWEEN THE TWO. WE HAVE RETAINED THE SERVICES OF A LOCAL DBE ELECTRICAL SUBCONTRACTOR, CRANE ELECTRIC, HISPANIC CONTRACTOR ASSOCIATION FIRMLY SUPPORT AN AWARD OF A PRIME CONTRACT TO BAE SYSTEMS. IN SUMMARY WE ARE AN AUSTIN BASED COMPANY RIGHT DOWN THE ROAD FROM THE AIRPORT. WE HAVE AN EXCEPTIONAL REPUTATION AND TRACK RECORD FOR PRODUCING AND SUPPORTING AIRPORT NOISE MONITORING SYSTEMS. OUR SYSTEM BASED ON OUR PROVEN ROBUST ETAMUS SOFTWARE IS FULLY EMPLOYMENT WITH THE R.F.P. -- COMPLIANT WITH THE R.F.P. REQUIREMENTS AND IS THE RIGHT FIT FOR THE CITY. OUR PRICE IS COMPETITIVE, WE ESTIMATE THAT OVER 90% OF THE CONTRACT PROCEEDS WILL BE REINVESTED IN AUSTIN'S LOCAL ECONOMY. THANK YOU.

Mayor Garcia: THANK YOU, THAT MINUTE AND 38 SECONDS WILL BE SAVED FOR THE REBUTTAL. AND -- AND THE -- LET ME SAY BEFORE I -- BEFORE I ASK THE NEXT SPEAKER TO COME UP, MR. DAVID RHODE, THOSE OF YOU SIGNED UP TO SPEAK IN FAVOR OF WILL BE RECOGNIZED AFTER -- AFTER -- LET'S SEE, YOU WILL BE RECOGNIZED AS THEY FINISH SPEAKING. OKAY? MR. DAVID ROOD, WELCOME, SIR.

GOOD AFTERNOON, MAYOR PRO TEM, COUNCILMEMBERS. MY NAME IS DAVID RODEY, A 40 YEAR RESIDENT OF THE CITY OF AUSTIN, AND AT BAE SYSTEMS. WE HAVE BEEN PROVIDING MONITORING SYSTEMS TO U.S. AIRPORTS FOR OVER 30 YEARS. WE HAVE RECENTLY COMPLETED A PROJECT -- AND INSTALLING FOR TAMPA FLORIDA AND ALSO ALBUQUERQUE, NEW MEXICO. THE TECHNICAL REQUIREMENTS FOR THE AUSTIN SYSTEM ARE ALMOST IDENTICAL TO THE SYSTEMS FOR TAMPA AND ALBUQUERQUE. THIS YEAR WE ALSO COMPLETED THE INSTALLATION OF OUR ETAMUS SYSTEM AT THREE AIRPORTS IN NEW YORK CITY, JFK, LA GUARDIA, NEWARK AND ALSO AT SANTA MONICA IN CALIFORNIA. THE SYSTEM OFFERED TO THE CITY FOR AUSTIN'S BERGSTROM AIRPORT IS AN EXCELLENT SYSTEM. IT HAS ALL OF THE TOOLS NECESSARY FOR THE NOISE STAFF TO EFFECTIVE MANAGE THE NOISE DATA, FLIGHT TRACK DATA AND COMPLAINT DATA AND -- FOR THE SYSTEM. THE SYSTEM INCLUDES MANY DATA VISUALIZATION TOOLS. AMONG THESE IS A POWERFUL 3-D VISUALIZATION TOOL THAT WE CALL FLIGHT SCENE FOR FLIEWG FLIGHT TRACKS AROUND THE -- VIEWING FLIGHT TRACKS AROUND THE AIRPORT. THE USER CAN DO ANIMATED MODELS OF AIRCRAFT FLYING OVER AUSTIN'S AREA AND THE VIEWER'S EYE POINT CAN BE PLACED ANYWHERE IN THE 3-D SPACE TO VIEW THE AIRPLANES FLYING OVER. FOR EXAMPLE. PUT THE EYE POINT AT A -- AT A COMPLAINTANT'S HOUSE, SOMEONE'S HOUSE IN THE COMMUNITY, VIEW THE AIRPLANES FLYING OVER THE HOUSE. ALSO ADDITIONAL VISUALIZATION TOOLS ELIMINATE -- AN MATES THE AIRCRAFT FLIGHT TRACKS AND SIMULTANEOUSLY SHOWS THE CHANGING NOISE LEVELS AT EACH OF THE MICROPHONES AROUND THE NEIGHBORHOOD. WE JUST INSTALLED THIS SYSTEM LAST YEAR AT -- AT COLUMBUS, OHIO. THE NOISE MONITORS THAT WE PROPOSE FOR THE -- FOR THE AUSTIN AIRPORT ARE FULLY COMPLIANT WITH THE R.F.P. SPECIFICATION. THE MICROPHONE THAT WE PROPOSE IS HERMETICALLY SEALED AND REQUIRES NO PREVENTIVE OR ROUTINE MAINTENANCE. AS COMPARED TO THE MICROPHONE IN THE RECOMMENDED SYSTEM, WHICH REQUIRES THE DESICANT MATERIAL TO BE IN THE MICROPHONE TO ABSORB MOISTURE. IN THE AUSTIN ENVIRONMENT THAT CAN REQUIRE SERVICING EVERY FEW MONTHS, HOWEVER IF STAFF FOR THE AIRPORT REALLY WANTS THAT KIND OF MICROPHONE, WE ALSO CAN OFFER THAT AT NO ADDITIONAL COST. OUR SYSTEM IS COMPATIBLE WITH THE [INAUDIBLE] INTEGRATE -- THE F.A.A. INTEGRATED NOISE MODEL ... THE OUTPUT OF OUR SYSTEM IS COMPATIBLE WITH THE NOISE MODEL AND ALLOWS YOU TO PUT NOISE CONTOURS ON MAPS AROUND THE AREA TO SHOW THE IMPACT OF THE FLIGHT TRACKS AND NOISE ON THE THE COMMUNITY. BAE SYSTEMS OFFICES IS ABOUT FIVE MILES NORTH OF THE AUSTIN AIRPORT. WE ARE -- WE ARE IN A POSITION TO OFFER THE BEST SERVICE BECAUSE -- QUICKEST RESPONSE, MOST EFFICIENT SUPPORT FOR THE AUSTIN AIRPORT SYSTEM. WE ARE DEDICATED TO CONTINUALLY PROVING OUR SYSTEM DESIGN AND IMPROVING THE TECHNOLOGY. WE WOULD SUPPLY OUR SYSTEM TO THE MEETS OWE TO THE CITY'S NEEDS AND WE APPRECIATE THE COUNCIL'S CONSIDERATION ON OUR OFFER. WE HAVE 25 AIRPORTS IN THE U.S., THAT ARE SATISFIED CUSTOMERS. SOME OF THESE AIRPORTS HAVE HAD -- BEEN OUR CUSTOMER FOR 10 TO 20 YEARS. AND WE HAVE -- WE INVITE THE CITY OF AUSTIN TO BE ONE OF THESE SATISFIED CUSTOMERS. THANK YOU.

Mayor Garcia: THANK YOU, MR. RODEY KAREN MALONE. AND FOLLOWING MS. MALONE IS MR. MARSHAL BRUNEY, WELCOME.

GOOD AFTERNOON, MAYOR, MAYOR PRO TEM, AND COUNCILMEMBERS. FIRST, LET ME SAY THANK YOU FOR SERVING THE CITY SO WELL. MY NAME IS KAREN MALONE, I LIVE AT 7309 CHIMNEY CORNERS IN AUSTIN, I STARTED WORKING AT THIS COMPANY IN 1974 WHEN IT WAS TRACOR BEFORE I EVEN GRADUATED FROM COLLEGE. MY JOB WITH THIS SYSTEM IS TO HELP DESIGN AND DOCUMENT IT. FROM A USER STANDPOINT. I'M NOT AN ENGINEER OR A PROGRAMMER. I HAVE A LIBERAL ARTS DEGREE. ITCH WRITTEN A STEP BY STEP GUIDE, ALL OF THE ONLINE DOCUMENTATION, I'M WORKING ON AN INTERACTIVE TUTORIAL. I HAVE TRAINED PERSONNEL AT 8 AIRPORTS OVER THE PAST FOUR YEARS. IN DESIGNING THE SYSTEM, IT IS NOT EASY FOR ME TO USE, IT GOES BACK TO THE DRAWING BOARD. IF IT IS NOT EASY FOR ME TO USE. THE USER INTERFACE MAKES MY JOB EASIER BECAUSE IT'S INTUITIVE, POWERFUL AND FAST. THERE ARE A LOT OF NUMBERS INVOLVED IN NOISE AND FLIGHT ANALYSIS AROUND AIRPORT, NUMBERS THAT CAN TELL YOU WHAT ENGINE TYPES ARE MAKING THE MOST NOISE, THE NUMBER OF COMPLAINTS FROM THE PARTICULAR ZIP CODE. CREATING REPORTS ON THE FLY TO LOOK AT ALL OF THE NUMBERS IN VARIOUS WAYS AND PERMUTATIONS IS EASY PLUS THE QUERY CAN BE MADE TO SHARE AND USE WITH OTHERS. AS SOMEONE INVOLVED IN THE COMMUNITY OVER THE YEARS I CAN APPRECIATE THIS COUNCIL'S WILLINGNESS TO KEEP THE COMMUNITY INFORMED, OUR SYSTEM HELPS YOU TO DO THIS. WE DESIGNED AN INTERNET COMPLAINT ENTRY COMPLAINT IN OHIO, SO CITIZENS CAN ENTER NOISE COMPLAINTS FROM THE COMPUTER OR SEE PUBLISHED INFORMATION ON THE NOISE OFFICE WEBSITE. THE CITY COUNCIL MEMBERS AND OTHER CITY STAFF CAN LOG ON TO ETAMUS WITH AN AUTHORIZED NAME AND SECURE A PASSWORD WITH NO EXTRA SOFTWARE ON THEIR COMPUTER OTHER THAN MICROSOFT EXPLORER OR NETSCAPE. BECAUSE THE SYSTEM IS WEB BASED, SENDING E-MAIL TO CUSTOMER SUPPORT OR FILLING OUT AN ONSCREEN TROUBLE REPORT GETS TO US IMMEDIATELY. YOU CAN ALSO CALL OUR HOTLINE NUMBER, OR OUR CUSTOMER SUPPORT MANAGER, MARSHAL BOONIE, ANOTHER MEMBER OF THE TEAM ANSWERS THE PHONE IMMEDIATELY. IN SPORT OUR PHILOSOPHY IS TO MAKE A PRODUCT THAT GIVES OUR CUSTOMERS QUALITY INFORMATION, PROVIDES A USER INTERFACE THAT MAKES THEIR JOB EASIER. IF THERE ARE PROBLEMS OR QUESTIONS, YOU KNOW WHO TO CALL. FINALLY, TO GIVE YOU JUST A FEW EXAMPLES OF OUR COMMITMENT TO THE JOB AND THE CUSTOMER, AT DPW, AFTER TWO -- AT DPW AFTER TWO YEARS THE COMPANY THAT WAS INITIALLY AWARDED THE CONTRACT WAS DISMISSED FOR NON-PERFORMANCE. WE CAME IN AND HAD A SYSTEM UP AND RUNNING IN SIX MONTHS. AND IN ATLANTA, WE MANAGED TO INSTALL OUR SYSTEM ON TIME, DURING THE SUMMER OLYMPICS AND IN PHOENIX ON TIME DURING THE SUPERBOWL. AND WHEN SEPTEMBER 11TH HAPPENED, OUR SYSTEM WAS IN THE PORT AUTHORITY OFFICE ON THE 65TH FLOOR OF TOWER 1. AS SOON AS THE PHONE LINES WERE UP, WE WERE DOWN LOADING NOISE DATA TO OUR SITE IN AUSTIN. WE DOWN LOADED FLIGHT TRACK DATA FROM THE DATA COLLECTION COMPUTER AND THEY DID NOT MISS A DAY OF FLIGHT TRACK. LUCKILY OUR FRIENDS AT THE NOISE OFFICE MADE IT OUT OF THE BUILDING BEFORE IT COLLAPSED. A FEW MONTHS LATER, AFTER THEY HAD GOTTEN SITUATED IN NEW OFFICE SPACE, WE WERE INSTALLING ETAMUS THERE AND HOSTING THEIR DATA BASE ON OUR SERVER IN AUSTIN. THANK YOU SO MUCH FOR YOUR TIME.

Mayor Garcia: THANK YOU VERY MUCH, MS. MALONE. MR. MARSHAL BRUNEY. AND FOLLOWING MR. BRUNEY IS -- IS MS. CAROL CALLAHAN. MS. CALLAHAN YOU GAVE YOUR TIME TO -- TO MR. WORD, BUT HE LEFT ABOUT A MINUTE AND 37. SO ...

[INAUDIBLE - NO MIC]

IF YOU WANT TO SPEAK WE CAN GIVE YOU THAT TIME. BUT THAT GOES BACK TO MR. DUESSER. OKAY.

GOOD AFTERNOON, MAYOR, MAYOR PRO TEM, COUNCILMEMBERS AND CITIZENS OF AUSTIN. MY NAME IS MARSHAL BRUNEY, A 20 YEAR RESIDENT OF AUSTIN, RESIDING AT 1405 EAST 37TH STREET, AN 18 YEAR EMPLOYEE OF BAE SYSTEMS. I AM THE CUSTOMER SUPPORT MANAGER OF THE SYSTEM WE ARE HERE TO OFFER TO THE CITY OF AUSTIN. SERVING OUR CUSTOMERS IS MY JOB AND MY PASSION. AS IS MY PASSION TO WORK FOR THE AUSTIN COMMUNITY. I PLACE GREAT VALUE ON OUR CUSTOMER SATISFACTION, AND I BELIEVE OUR CUSTOMERS PLACE GREAT VALUE IN OUR PRODUCT. I ENCOURAGE YOU TO RECOGNIZE THE OPPORTUNITY WE HAVE HERE TO OFFER YOU. -- WE ARE HERE TO OFFER YOU. BEING JUST MINUTES FROM THE AIRPORT WE ARE HERE TO SERVE. THANK YOU.

Mayor Garcia: THANK YOU, MR. BRUNEY. NOW WE GO TO THE SPEAKERS IN FAVOR OF RECOMMENDATION FROM THE STAFF, FIRST MR. ROBERT RODECKE, FOLLOWING HIM IS MR. SAMUEL CARTER. NATHAN ANYTHINGBY AND MAURICE SOCORSKE.

I'M VICE-PRESIDENT OF THE CORPORATION, A SEPARATE LEGAL ENTITY THAT IS U.S. BASED. I'M RESPONSIBLE FOR OPERATIONS IN THE UNITED STATES AND I WOULD LIKE TO ADDRESS THE MAYOR OF LOCHARD'S INVOLVEMENT AND SUBMISSION OF THE PROPOSAL FOR NOISE AND FLIGHT TECH MONITORING SYSTEM AT AUSTIN BERGSTROM INTERNATIONAL AIRPORT. I WOULD LIKE TO INTRODUCE THE LOCHARD TEAM WHICH IS HERE WITH ME. NATE HIGBY, THE VICE-PRESIDENT OF TECHNOLOGY, MR. SAM CARTER, THE PROJECT MANAGER, AND MR. MAURICE SACORSKI, CONTRACTS MANAGER AND ATTORNEY FOR U.S., AUSTRALIA AND EUROPE. LOCHARD IS THE WORLD'S ONLY COMPANY DEDICATED EXCLUSIVELY TO DEVELOPMENT AND INSTALLATION AND SUPPORT OF INTEGRATED AIRCRAFT NOISE AND FLIGHT TRACK MONITORING SYSTEMS. THIS IS WHAT WE DO. WE SPECIALIZE IN INNOVATIVE TECHNOLOGIES AND WILL SUPPLY STATE-OF-THE-ART DIGITAL MICROPHONE, SOFTWARE AND HARDWARE SYSTEMS. THE ULTIMATE RESPONSIBILITY OF PROJECT IMPLEMENTATION IS ASSIGNED TO THE PROJECT TEAM. OUR PROJECT TEAM COMPRISED OF NOISE ABATEMENT OFFICERS, PILOTS AND HIGHLY EXPERIENCED ACOUSTIC ENGINEERS WHOSE PRIMARY MISSION IS TO DELIVER THESE SYSTEMS. WE NOW UNDERSTAND FROM THE SUPPORTING ITEM AGENDA DOCUMENTATION THAT THE TEAM HAS RECOMMENDED OUR COMPANY LOCHARD TO BE THE VENDOR OF THIS PROJECT. UPON COUNCIL APPROVAL, WE WOULD LOOK FORWARD TO NEGOTIATING A MUTUALLY BENEFICIAL CONTRACT. AND WE LOOK FORWARD TO AN OPPORTUNITY TO DELIVER A SYSTEM AND CONTINUING SERVICE AS PART OF THE TEAM THAT INCLUDES LOCAL BUSINESSES, THE CITY OF AUSTIN, AIRPORT STAFF, AND OUR EXPERTISE. TO THAT END, MAYOR AND COUNCILMEMBERS, LOCHARD AND -- IN ITS SUBMISSION HAS COMPLIED WITH ALL ASPECTS OF THE REQUESTS FOR PROPOSAL. IN PARTICULAR, WE UNDERSTAND THE CITY'S GOAL TO ENCOURAGE DISADVANTAGED BUSINESS ENTERPRISES AND WOMEN'S BUSINESS ENTERPRISES PARTICIPATION IN THE CITY CONTRACTS. WAS WHILE THERE ARE NO GOALS SET IN THE PARTICULAR PROJECT, LOCHARD HAS ESTABLISHED AND WISHES TO CONFIRM ITS OVERALL PERCENTAGE FOR CONSTRUCTION AND PROFESSIONAL SERVICES, THAT IS 13.5% AS WE STATED IN OUR DBE COMPLIANCE PLAN THAT WE HAVE ALREADY SUBMITTED. LOCHARD ALSO HAS SELECTED [INAUDIBLE] CONTRACTING, A LOCAL PARTNER FOR THIS PROJECT. THE COMPANY HAVE EXTENSIVE AND APPLICABLE EXPERIENCE IN THE CITY OF AUSTIN [BUZZER SOUNDING]

Mayor Garcia: LET ME SEE, EXCUSE ME, SIR, LET ME SEE IF ANY OF YOUR PARTNERS WANT TO GIVE YOU SOME TIME.

I BELIEVE SO. MR. SECORSKI. AS A MATTER OF FACT HE HAD SAID THAT HE WOULD GIVE YOU SOME TIME, I'M SORRY.

THE COMPANY HAVE EXTENSIVE AND APPLICABLE EXPERIENCE IN THE CITY OF AUSTIN FOR THIS TYPE OF WORK. ENRIQUEZ AND HIS WIFE ARE HERE WITH US, PLEASE STAND UP. THANK YOU. THE CITY OF AUSTIN IS AWARDING THE CONTRACT TO LOCHARD WILL OBTAIN LEADING EDGE TECHNOLOGY. LOCHARD HAS SUPPLIED PROVEN LEADING BRANDS TO DELIVER HIGH QUALITY PERFORMANCE AND PROVIDE COMPREHENSIVE AFTER MARKET SUPPORT AT OVER 125 AIRPORTS WORLDWIDE. OUR BOSTON AND SACREMENTO SUPPORT STAFF, AS A MATTER OF PRIORITY LOOK FORWARD TO SERVICING AUSTIN-BERGSTROM INTERNATIONAL. USING THE LATEST TECHNOLOGIES AVAILABLE, WHICH IS -- WHICH IS VIRTUAL PRIVATE NETWORKS, INTERNET, SO ON. LOCHARD ASSURES THE CITY THAT WILL UTILIZE CITY [INAUDIBLE] DISADVANTAGED AND WOMEN BUSINESS ENTERPRISES FOR REMEDIAL AND PREVENTIVE MAINTENANCE. IN CONCLUSION, MAYOR GARCIA AND LEARNED COUNCILMEMBERS, WORLD CLASS INTERNATIONAL AIRPORT LIKE AUSTIN BERGSTROM REQUIRES CLASS COMPANY LIKE LOCHARD TO DELIVER WORLD'S LEADING SOLUTION, AN EXCELLENT NOISE PROGRAM REQUIRES EXCELLENT TECHNOLOGY. THIS CAN BE ONLY ACHIEVED WITH THE COMPANY THAT YOU CAN BE CONFIDENTLY BE IN THIS BUSINESS FOR MANY YEARS TO COME. AND LOCHARD IS THAT COMPANY. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. SAMUEL CARTER. WELCOME, MR. CARTER.

THANK YOU. GOOD AFTERNOON, YOUR HONOR. CITY COUNCIL MEMBERS, I'M SAM CARTER, PROJECT MANAGER FOR LOCHARD CORPORATION. MY RESPONSIBILITY IS TO SEE TO THE DETAILS OF DELIVERING AND INSTALLING NOISE AND FLIGHT TRACK MONITORING SYSTEMS. I WAS A NOISE ABATEMENT OFFICER FOR A TIME WHEN I WORKED FOR THE CITY OF FORT LAUDERDALE BEFORE COMING INTO THIS LINE OF WORK. SUBSEQUENTLY I HAVE 16 YEARS OF EXPERIENCE IN THE AIRPORT NOISE ABATEMENT INDUSTRY. AS SOMEONE WHO HAS PURCHASED AND USED INTD GREATED NOISE MONITORING SYSTEMS IN THE CAPACITY OF MY EMPLOY, I CAN HONESTLY SAY THAT THE RECOMMENDATION OF THE EVALUATION TEAM TO AWARD THE CONTRACT TO LOCHARD IS AN EXCELLENT ONE. HERE IS WHY I BELIEVE SO. FIRST OF ALL, EXPERIENCE. LOCHARD HAS EXTENSIVE EXPERIENCE IN DESIGNING, DELIVERING, INSTALLING AND SUPPORTING AIRPORT NOISE AND FLIGHT TRACK MONITORING SYSTEMS. WE HAVE OVER 125 CLIENTS THROUGHOUT THE WORLD. AND 37 HERE IN THE UNITED STATES. AIRPORTS SUCH AS CHICAGO O'HARE, DENVER, OAKLAND, SAN JOSE, BENEFIT FROM LOCHARD'S SYSTEM'S EXPERTISE EVERY DAY. FROM SMALLER AIRPORTS LIKE TORE TORRENCE, CALIFORNIA TO LARGER ONES LIKE HEATHROW, LOCHARD HAS WON SEVEN OF THE NINE AIRPORT CONTRACTS, HONOLULU, BOCATA, HEY WARD, CALIFORNIA, WATERLOO, CANADA ... AND HAS BEEN SELECTED TO REPLACE A BAE SYSTEM AT SAN FRANCISCO INTERNATIONAL AIRPORT. THIS MEANS THAT WE SIGNIFICANTLY LEAD OUR COMPETITOR IN CONTRACT AWARDS, EVEN IF WE COUNT OUR U.S. CLIENTS, EVEN IF WE ONLY COUNT OUR U.S. CLIENTS, EXCUSE ME. WE BELIEVE THAT THE NOISE ABATEMENT PROGRAM AT AUSTIN-BERGSTROM INTERNATIONAL AIRPORT WILL GREATLY BENEFIT FROM BEING A PART OF THIS IMPRESSIVE AIRPORT COMMUNITY, UTILIZING LOCHARD TECHNOLOGY AND SERVICES. THIS BENEFIT COMES FROM HAVING ACCESS TO A'S REPOSITORY OF AIRPORT DATA AND KNOWLEDGE AS WELL AS FROM OUR EXPERIENCE IN HELPING A DIVERSE AIRPORT COMMUNITY. ALSO TECHNOLOGY. LOCHARD HAS AN INNOVATIVE ARRAY OF TECHNOLOGIES AND SERVICES. THIS INCLUDES THE CLEVERLY DESIGNED SMART MIC, THE WORLD'S ONLY DIGITAL MICROPHONE, AIR VIEW, FLEXIBLE AND EASY TO USE REPORT BUILDING AND NOISE AND AIR QUALITY CONTOUR GENERATION FROM LOCHARD'S SCENARIO BUILDER JUST TO NAME A FEW, AS WELL AS INTERNET BASED MONITORING SYSTEMS. IN THE MATTER OF CUSTOMER SERVICE, LOCHARD HAS A 25 PERSON CUSTOMER SUPPORT TEAM WITH OVER 100 COMBINED YEARS OF AVIATION PRODUCT SUPPORT EXPERIENCE. AUSTIN-BERGSTROM INTERNATIONAL WILL DEFINITELY BEEN BENEFIT FROM THE KNOWLEDGE BASE OF LOCHARD'S CUSTOMER SUPPORT GROUP. WE OFFERED DBE COMPLIANCE, SOMETHING NOT OFFERED FROM OTHER COMPETITORS. AND ENRIQUEZ COMMERCIAL CONTRACTORS ARE HERE AS WELL. IN CONCLUSION, WE OFFER WORLD CLASS INNOVATIVE AND ADVANCED TECHNOLOGY AT THE LOWEST PRICE. THANK YOU VERY MUCH [BUZZER SOUNDING]

Mayor Garcia: THANK YOU, MR. CARTER. NATHAN HIGBY. WELCOME, SIR.

THANK YOU. MY NAME IS NATE HIGBY. I HAVE BEEN IN THE ACOUSTICS BUSINESS FOR OVER 30 YEARS AND THE AIRPORT BUSINESS FOR ALMOST 15 YEARS. WE HEARD A LOT OF DISCUSSION ABOUT AN INTERNET BASED APPLICATION. I WOULD JUST LIKE TO POINT OUT THAT -- AS SAM DID THAT THE LOCHARD HAS A SIMILAR CAPABILITY HERE. IT WAS NOT A CAPABILITY THAT WAS SUGGESTED OR EVEN WOULD FIT INTO THE SPECIFICATION. BUT WE DO HAVE INTERNET BASED SYSTEMS RUNNING, ONE IN PARTICULAR SERVES AUKLAND, NEWZY LAND, -- NEW ZEALAND, ALSO AT OAKLAND INTERNATIONAL AIRPORT. THE THREE DIMENSIONAL VIEWING, SO ON, IS AN INTEGRATED PART OF OUR OFFER IN TWO DIFFERENT WAYS. I WOULD ALSO LIKE TO EMPHASIZE THAT THE MODELING SOFTWARE THAT WE PROVIDE NOT ONLY SUPPORTS NOISE MODELING, BUT ALSO INCLUDES AIR QUALITY SUPPORT. MODELING BUILT RIGHT INTO IT. IT'S A -- IT'S AN INTERESTING AND VALUABLE ADDED FEATURE. AS FAR AS OUR SUPPORT SYSTEMS GO, OUR SUPPORT PEOPLE, WE DESIGN OUR SYSTEMS TO BE VERY RELIABLE. WE HAVE TO BE TO HAVE A -- TO HAVE AN OPERATION THAT'S WORLDWIDE. WE HAVE 24 HOUR, A 24 HOUR SUPPORT OPERATION THROUGH A ROTATING SERIES OF OFFICES AROUND THE WORLD. WE FIND IN OUR SYSTEM SITE VISITS AREN'T AN IMPORTANT -- EMERGENCY SITE VISITS JUST DON'T HAPPEN. IT'S -- WE DO ROUTINE SITE VISITS AND ROUTINE MAINTENANCE AS A PART OF OUR STANDARD CONTRACT OFFER, WHICH WE HAVE OFFERED HERE. AND FINALLY, I WOULD ALSO LIKE TO POINT OUT THAT -- THAT THIS PARTICULAR PROJECT IS -- IS FUNDED OUT OF THE -- OUT OF THE AIRPORT IMPROVEMENT PROGRAM BY THE F.A.A. THAT MEANS THAT THERE'S CERTAIN BIDDING PROCUREMENT PRACTICES THAT HAVE TO BE FOLLOWED IN TERMS OF FAIR AND OPEN BIDDING THAT -- THAT DO -- DO REQUIRE THAT THERE BE NO PREFERENCES FOR LOCAL OR IN-STATE SUPPLIERS. I APPRECIATE YOUR TIME. THANK YOU.

THANK YOU, MR. HIGBY. COUNCILMEMBER DUESSLE RE, THERE'S AN HOUR -- A MINUTE AND 37 SECOND IN CASE YOU WANT TO USE IT, WE WOULD BE GLAD TO ALLOW IT TO YOU.

THANK YOU. I JUST WANTED TO REITERATE THAT -- THAT WE HAVE A -- A -- ESSENTIALLY AN EQUAL PRESENCE IN THE UNITED STATES WITH SYSTEMS. WITH THE -- WITH THE OTHER CANDIDATE COMPANY. AND WE HAVE -- WE HAVE MORE OF THE LARGE AIRPORTS IN THE UNITED STATES AND THAT THE OTHER COMPANIES IN THE -- IS IN THE POSITION OF PICKING UP BY PURCHASE THESE OTHER AIRPORTS IN ORDER TO GET THE U.S. PRESENCE. THEY HAVE CERTAINLY OTHER PRESENCE ELSEWHERE IN THE WORLD. AS FAR AS THEIR -- THERE WAS A SYSTEM WHERE THEY REPLACED OUR SYSTEM, BUT I CAN TELL YOU THAT IT'S A -- IT RUMORED THAT WE ARE GOING TO SOON BE ASKED TO REPLACE A SYSTEM OF THEIRS IN A LARGE SOUTH FLORIDA CITY. IN -- IT'S NOT REALLY A QUESTION OF LOCAL PRESENCE OR LOCAL COMPANY. THE QUESTION IS WILL YOU GET AS GOOD OF A SYSTEM WITH BAE'S SYSTEMS AND WILL THAT SYSTEM OVER THE LONG HAUL BE SERVICED PROMPTLY, READILY AND YOU HAVE A CLOSE CONTACT AND ASSOCIATION WITH THE -- WITH THE COMPANY THAT'S PROVIDING IT. THAT IS INSURED, IF YOU TAKE YOUR OPTION AND SELECT BAE SYSTEMS. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU COUNCILMEMBER.

MR. SMITH, CAN YOU ADDRESS THAT ISSUE? THE ISSUE OF PROXIMITY. HOW IT WAS HANDLED DURING --

PROXIMITY ISSUE, LOCAL WAS NOT PART OF THE CRITERIA USED IN THE EVALUATION. THE NATURE OF THESE SYSTEMS IS MOST OF THE SOFTWARE IS HANDLED WHERE PEOPLE DIAL IN. YOU DON'T NEED SOMEBODY PHYSICALLY PRESENT USUALLY TO DEAL WITH THE SOFTWARE. AS IT DEALS WITH THE MICROPHONES, THE NATURE OF THE MICROPHONES, WHEN SOMETHING GOES WRONG WITH THE MICROPHONE YOU CAN FED EX IS SOMEPLACE AND GET IT REPAIRED RELATIVELY QUICKLY. EVEN WHEN ONE MICROPHONE GOES DOWN, BECAUSE WE ARE PURCHASING PORTABLE UNITS AT THE SAME TIME WE ALWAYS HAVE BACKUP MICROPHONES THAT ARE AVAILABLE TO GO TO THE SELECT LOCATIONS. WHEN WE LOOKED AT THE ADVANTAGES OF THE LOCAL THING AND -- I MEAN FROM THE DEMAND FOR MAINTENANCE, IT REALLY DIDN'T APPEAR THAT THAT WAS THAT SIGNIFICANT AN ISSUE, BUT IT ALSO WAS NOT PART OF THE ORIGINAL CRITERIA.

Mayor Garcia: THE REASON IT WAS NOT AN ISSUE, IT WAS NOT A CRITERIA ITEM WAS BECAUSE OF THE THINGS THAT YOU MENTIONED?

NO. IT WAS JUST OF THE -- THAT'S THE WAY THE MATRIX WAS ESTABLISHED.

Mayor Garcia: OKAY. BUT GETTING OUTSIDE OF THE MATRIX, THE REASON -- THE REASONS THAT YOU GAVE SEEM TO INDICATE THAT -- THAT PROXIMITY DOESN'T REALLY GIVE THE CITY ANY MORE ADVANTAGE THAN NOT BEING CLOSE. IS THAT CORRECT?

YES. I WAS TRYING TO GIVE AN EXPLANATION AS TO WHY -- IT ISN'T THAT SIGNIFICANT AN ADVANTAGE TO BE LOCAL BECAUSE OF THE NATURE OF THE SYSTEM. THE SOFTWARE IS REPAIRED DIAL IN. MICROPHONES CAN BE FED-EXED OVER FIGHT AND WE HAVE SPARES.

Mayor Garcia: OKAY. FURTHER QUESTIONS FOR STAFF? ON THIS ITEM? I WILL ENTERTAIN A MOTION ON THIS ONE.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER DUNKERLY TO APPROVE THE STAFF RECOMMENDATION, IS THERE A SECOND?

WYNN: SECOND.

Mayor Garcia: SECOND BY COUNCILMEMBER WYNN. DISCUSSION?

Goodman: I HAVE A SUBSTITUTE MOTION.

Mayor Garcia: MAYOR PRO TEM GOODMAN FOR A SUBSTITUTE MOTION.

Goodman: MOOTION TO APPROVE BAE SYSTEMS.

Mayor Garcia: THERE'S A SUBSTITUTE MOTION BY THE MAYOR PRO TEM FOR THE ALTERNATE RECOMMENDATION, IS THERE A SECOND?

Alvarez: SECOND, MAYOR.

Mayor Garcia: SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION?

Goodman: YES.

Mayor Garcia: MAYOR PRO TEM? EXCUSE ME.

Goodman: I'M GOING TO CONTINUE TO BE CONSISTENT WITH THE WAY THAT I HAVE LOOKED AT THE MATRICES NOW IN THE -- AND IN THE PAST. WITH THESE TWO FIRMS IN FRONT OF ME AS I LOOK AT WHERE WHO EDGED OUT WHOM BY ONE POINT HERE, ONE POINT THERE, THEY ARE VIRTUALLY IDENTICAL. HOWEVER, BAE HAD THE HIGHER SCORE. THEY HAVE THE HIGHER SCORE IN PERSONAL QUALIFICATIONS, TOTALLY -- SORRY, FINANCIAL VIABILITY AND STABILITY, REFERENCES. THERE ARE -- THEY ARE ALL VIRTUALLY NOSE AND NOSE, IF YOU WILL EXCUSE THAT WAY OF SAYING IT. ON ALL OF THE SYSTEM REQUIREMENTS, INSTALLATION, WARRANTIES, APPLICABLE EXPERIENCE, EQUIPMENT, FACILITIES, SO ON, SO FORTH. IT RARE THAT WE HAVE TWO SUCH EXCELLENT FIRMS TO CHOOSE FROM. AND I UNDERSTAND, I THINK, WHY THE INTERVIEWS WERE GOOD FOR LOCHARD BECAUSE THEIR REPRESENTATIVE GROUP WAS QUITE IMPRESSIVE. I DO WANT TO SAY THAT DR. DUESSER HAVING BEEN HOME GROWN AND TRACOR HAVING BEEN HOME GROWN THERE IS SOMETHING TO FAMILIARITY AND KNOWLEDGE OF THE EXPERTISE AND KIND OF FAIL SAFE ASSURANCES THAT COME WITH THAT PARTICULAR PROPOSAL. DR. DUESSER HIMSELF IS ACTUALLY AN INTERNATIONALLY KNOWN SCIENTIST WHO HAS BEEN RESPONSIBLE FOR SOME OF THE MOST INNOVATIVE TECHNOLOGICAL CREATIONS THAT WE'VE HAD IN THE PAST DECADE OR TWO. SO I DO KNOW THAT THAT EXPERTISE IS THERE. IT MAY NOT BE IMPERATIVE TO HAVE SOMEBODY RIGHT DOWN THE STREET WHERE YOU CAN CALL THEM WHEN THE TECHNOLOGICAL NEEDS AND INCLUSIONS ARE SUCH AS THIS PARTICULAR SYSTEM. I DON'T KNOW THERE MAY BE A LITTLE SPIN ON THAT. BUT -- ABOUT YOU CAN CALL THE GENIUS DOWN THE STREET, IT CAN'T HURT. SO -- SO I'M DRAWN TO OUR OWN HOME GROWN BECAUSE I KNOW THEY DO UNDERSTAND THE NEEDS OF OUR SYSTEM AND OUR AIRPORT AND BECAUSE THEY DID GET A HIGHER SCORE ON THE EVALUATION CRITERIA. BUT I WOULD ALSO LIKE TO SAY THAT -- THAT BOTH OF THESE ARE EXTREMELY COMPETITIVE AND IMPRESSIVE AND SO IT'S -- IT REALLY HAS NOTHING TO DO WITH TRYING TO PUT SOMEONE DOWN. JUST GOING WITH WHO GOT THE HIGHER SCORE, EVEN THOUGH IT'S A NOSE AHEAD OF THE SECOND.

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Alvarez: YES, MAYOR, I WOULD ECHO THE MAYOR PRO TEM'S COMMENT THAT -- OBVIOUSLY IT'S A VERY -- VERY -- WE HAVE TWO VERY, VERY WELL QUALIFIED FIRMS. AND THE TWO -- THE TWO I THINK CRITERIA THAT STAFF MENTIONED FOR -- FOR SUPPORTING LOCHARD WERE THE MICROPHONES AND THE SOFTWARE, I GUESS THE -- THE USE, MORE -- I GUESS THE BETTER USE THAT THEY THOUGHT OF THE SOFTWARE AND CERTAINLY FROM WHAT WE HAVE HEARD FROM BOTH FIRMS ON THAT SIDE, IT SEEMS LIKE THEY PROVIDE SIMILAR KINDS OF -- OF SERVICES AND THEN ON THE MICROPHONE ISSUE, WE HEARD BEA OR -- BAE STATE THEY COULD CHANGE THAT OUT. THE OTHER ISSUE THAT -- I MEAN, OBVIOUSLY I THINK BOTH FIRMS MENTIONED THIS WHOLE IDEA OF THE WEB BASED SYSTEM AND WE HEARD LOCHARD MENTION THAT THEY, TOO, COULD DO THAT IF ASKED. SIMILAR TO THE MICROPHONE ISSUE. I THINK. WHERE -- WHERE IT JUST DEPENDS ON WHAT YOU WOULD LIKE TO SEE AND IN THIS PARTICULAR PROPOSAL, YOU KNOW, I DO LIKE THE WEB BASED SYSTEM ASPECT OF IT THAT -- THAT -- THAT BAE IS PROVIDING AND SO I -- THAT'S I THINK ULTIMATELY I THINK WHAT I REALLY -- WHY I REALLY SUPPORT THIS PARTICULAR FIRM AS THE ALTERNATIVE.

Mayor Garcia: FURTHER COMMENTS, QUESTIONS?

Dunkerly: I WOULD LIKE TO SAY ONE THING, I TOO WAS CONCERNED ABOUT THE EVALUATION FOR BAE, AS MANY OF YOU MAY HAVE BEEN OVER TIME IN EVALUATIONS, THE WRITTEN PROPOSALS OFTENTIMES ARE DIFFICULT TO EVALUATE BECAUSE THERE IS A LOT OF -- OF GOOD STUFF IN ALL OF THEM. SO THE INTERVIEW IS CRITICAL. BAE FELT THAT THEIR INTERVIEW HAD NOT GONE WELL. SO I REQUESTED THE STAFF TO DO A REEVALUATION OF BAE. AND THAT OCCURRED. SO THAT THEY COULD DEMONSTRATE ALL OF THE FINE POINTS OF THEIR SYSTEM. EVEN AFTER THAT EVALUATION, THE STAFF FELT VERY STRONGLY THAT THE OTHER SYSTEM REALLY MET THEIR NEEDS BETTER. SO I THINK THAT THERE ARE MANY TIMES WHEN I FEEL LIKE I AM VERY CAPABLE OF MAKING A SECOND OPINION OR -- OR SECOND RECOMMENDATION OTHER THAN THE STAFF RECOMMENDATION. BUT IT'S IN AN AREA WHERE I HAVE EITHER A SPECIAL EXPERTISE OR IT'S A NON-TECHNICAL ISSUE. SO BECAUSE I ASKED FOR THE SECOND EVALUATION AND I THINK THE STAFF FEELS STRONGLY THAT IT MEETS THEIR NEEDS, I'M GOING TO BE GOING WITH THE STAFF RECOMMENDATION ON THAT.

Mayor Garcia: FURTHER COMMENTS?

Slusher: MAYOR, I THINK THAT I SHOULD SAY WHY I'M GOING TO VOTE THE WAY I DO.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: YEAH, I WOULD -- THIS IS TOUGH AND THEY ARE BOTH VERY WELL QUALIFIED AND THEY ARE -- SOME GOOD LOCAL FOLKS INVOLVED IN THE BAE. SO I WOULD LIKE TO GO WITH THAT, BUT THE -- OUR STAFF THINKS THAT THE LOCHARD PRODUCT IS REALLY SUPERIOR OR BETTER AND THEY ARE THE ONES WHO ARE GOING TO HAVE TO WORK WITH IT ON A DAILY BASIS. AS FAR AS IT COMING OUT ONE COMING OUT AHEAD EARLY IN THE PROCESS, BUT THE INTERVIEW WHICH -- WHICH LOCHARD CAME OUT AHEAD ON, THAT INCLUDED A DEMONSTRATION, IT WASN'T JUST THE INTERVIEW. SO -- SO THAT'S IMPORTANT TO ME. BUT THE MAIN THING IS THAT THE STAFF STRONGLY -- FEELS STRONGLY ABOUT THIS, THAT THIS IS A BETTER PRODUCT FOR THEM TO WORK WITH.

Mayor Garcia: FURTHER QUESTIONS, COMMENTS?

Goodman: YES, MAYOR.

Mayor Garcia: MAYOR PRO TEM?

Goodman: I THINK THAT NOBODY WHO IS GOING TO VOTE EITHER WAY HAS A CHALLENGE OR A BONE TO PICK WITH ANY OTHER COUNCILMEMBER. BUT I WOULD LIKE TO SAY THAT IF YOU LOOK AT THE COMPONENTS OF EACH OF THE SYSTEMS AND THE PARTICULAR -- I DON'T KNOW HOW TO SAY THIS EXACTLY, THINGS THAT WOULD ATTRACT STAFF AND MANAGEMENT, THAT ARE VERY PARTICULAR AND SPECIFIC, VERSUS ALL OF THE COMPONENTS OF A SYSTEM THAT MIGHT ALSO EXTEND BEYOND JUST A NORMAL MANAGEMENT ORIENTED NEED FROM THAT SYSTEM, ARE HERE IN BAE'S, WHICH -- WHICH IT REALLY DIFFICULT TO ARTICULATE. BUT SOME OF THE EXTRA COMPONENTS THAT ARE TYPICALLY AUSTIN, IF YOU WILL, ABLE TO BE ACCESSED BY COUNCIL AND COMMUNITY, I THINK ARE -- ARE AN EXTRA STEP BEYOND WHAT WE NORMALLY ASK, WOULD HAVE ASKED THE STAFF, DID RECEIVE RESPONSES ON FROM LOCHARD. SO THOSE THINGS I THINK ARE -- ARE THE ASSETS THAT COME FROM -- FROM HAVING SOMEBODY WHO KNOWS WHAT IT IS THEY ARE DESIGNING FOR AND WHO THEY ARE GOING TO SERVE, WHICH IS AN EXTRA ASSET, NOT ONLY IN THE SYSTEM, BUT IN THE PEOPLE WHO ARE GOING TO PROVIDE THE COMPONENTS OF THE SYSTEM AND THE CARE AND THE MAINTENANCE AND REPAIR IF NEEDED OF THE SYSTEM. SO THOSE ARE -- THOSE ARE THINGS THAT MAY NOT BE QUANTIFIABLE OR IMPORTANT TO STAFF. BUT I THINK THAT THEY SHOULD BE TO US AS REPRESENTATIVES OF -- OF SORT OF THE COMMUNITY LINK TO ALL OF THE THINGS THAT WE DO, ESPECIALLY TECHNOLOGICALLY. I DON'T KNOW HOW TO ARTICULATE IT VERY WELL, OBVIOUSLY. BUT THEY ARE JUST -- IT GOES ABOVE AND BEYOND WHAT I THINK SOMEONE ELSE WOULD BE ABLE TO UNDERSTAND IN RESPONDING TO AN R.F.P. BUT IT'S AN OBVIOUS ASSET THAT BAE BRINGS WITH IT BECAUSE THEY HAVE BEEN A PART OF US FOR SO LONG. I THINK THAT -- JUST TO KIND OF WRAP THAT UP, WHAT STAFF LOOKS FOR IS NOT ALWAYS ALL THAT I THINK WE LOOK FOR UP HERE. AND IN THAT SENSE, RESPONSES TO R.F.P.'S MAY BRING US MORE ANSWERS THAN STAFF IS LOOKING FOR BECAUSE WE ARE LOOKING FOR THINGS IN A MUCH LARGER SCOPE. WELL, I'LL FIGURE OUT HOW TO SAY THAT BETTER LATER. TOO BAD THE VOTE WILL HAPPEN BEFORE IT, THOUGH. THANK, MAYOR.

Mayor Garcia: THANK YOU, MAYOR PRO TEM. FURTHER QUESTIONS, COMMENTS? THE ISSUE BEFORE US IS -- IS THE SUBSTITUTE -- THE ISSUE BEFORE US IS THE SUBSTITUTE MOTION. THE MOTION WAS MADE BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER ALVAREZ. ALL THOSE IN FAVOR OF THE MOTION SIGNIFY BY SIGHING AYE.

AYE.

Goodman: I'M SORRY, WHAT MOTION ARE WE ON?

Mayor Garcia: SUBSTITUTE MOTION.

Goodman: AYE.

Mayor Garcia: ALL THOSE AGAINST SIGNIFY BY SAYING NO.

NO.

Mayor Garcia: THE MOTION FAILS ON A VOTE OF 2 TO 5. WE ARE BACK TO THE MAIN MOTION. IS THERE A DISCUSSION? IF NOT ALL OF THOSE IN FAVOR ZIG PHI BY SAYING AYE.

AYE.

OPPOSED NO?

NO.

NO.

Mayor Garcia: MOTION CARRIES ON A VOTE OF 5 DO 2, THANK YOU VERY MUCH. GLASS MS. GLASGO ARE YOU READY, IF YOU CAN GIVE US JUST A MINUTE SO PEOPLE WHO CAME HERE FOR THIS PARTICULAR ITEM CAN LEAVE THE ROOM. I THINK THEY ARE GETTING UP TO LEAVE. THE NEXT ITEMS THAT WILL BE TAKEN UP IS THE 4:00 TIME CERTAIN. THESE ARE ZONING HEARINGS AND APPROVAL OF ORDINANCES AND RESTRICTIVE COVENANTS. AND THERE'S THREE OF THOSE. AFTER WE FINISH WITH THESE THREE ITEMS, WE WILL RETURN TO THE DISCUSSION AGENDA ITEMS. WHICH AT THIS TIME ARE AS FOLLOWS: IF I CAN FIND MY PAPERS. SOMEBODY TOLD ME THAT I LOOK REAL TIRE. I TOLD THEM I'M NOT THAT TIRED, I'M JUST GETTING OLD. THERE WE GO. I FOUND IT. ITEMS 16 -- 16 WE DID. 18 WE PASSED BY CONSENT. ITEMS 22 AND 23 WERE PULLED BY COUNCILMEMBER DUNKERLY. ITEM 25 WAS PULLED BY COUNCILMEMBER GARCIA [SIC] OR MAYOR GARCIA, EITHER ONE. 26 BY COUNCILMEMBER SLUSHER. 36 BY COUNCILMEMBER WYNN. 58 WAS POSTPONED. FOR ONE WEEK. IS THAT CORRECT, COUNCILMEMBER DUNKERLY?

Dunkerly: YES.

Mayor Garcia: CORRECT. AND ON ITEM 59, COUNCILMEMBER THOMAS, AND ON ITEM 62 THAT ITEM WENT BACK ON CONSENT.

26 BASS 26 WAS ALSO ON CONSENT FOR POSTPONEMENT.

Mayor Garcia: 26.

Mayor Garcia: WE HANDLED THAT DURING THE CONSENT AGENDA FOR POSTPONEMENT.

RIGHT. I THOUGHT YOU READ IT AS A REMAINING ITEM.

Mayor Garcia: YES, I DID. THAT'S POSTPONED TO THE 29TH. 22, 23, 25, 36 AND 59. 59 IS STILL DISCUSSION ITEM, CORRECT?

YES.

OKAY. MS. GLASGO, WELCOME.

Glasgo: THANK YOU, MAYOR AND COUNCILMEMBERS.

Mayor Garcia: I'M GETTING TO WHERE I CAN HANDLE THIS AGENDA.

Glasgo: OUR ZONING CASES FOR TODAY ARE AS FOLLOWS: ITEM NO. Z-1 I GOING TO BE A DISCUSSION ITEM. ITEM Z-2 IS CONSENT C 14-02-83 LOCATED AT -- ... THE APPLICANT IS SEEKING A EXCHANGE TO SINGLE FAMILY 36789 THE ZONING AND PLATTING COMMISSION RECOMMENDATION IS TO GRANT SINGLE FAMILY 3 ZONING AS REQUESTED BY THE APPLICANT AND THE CASE IS READY FOR ALL THREE READINGS. Z-3 3 SOUND 02, WILLIAM CANNON DRIVE, GR COMMUNITY COMMERCIAL TO CS-1 WHICH STANDS FOR COMMERCIAL LIQUOR SALES ZONING DISTRICT. THE ZONING AND PLATTING COMMISSION RECOMMENDATION IS TO GRANT CS-1 WITH A CONDITIONAL OVERLAY AND OTHER CONDITIONS. THIS CASE IS READY FOR ALL THREE READINGS. MAYOR, THAT CONCLUDES THE ITEMS UNDER 4:00 4:00.

Mayor Garcia: THANK YOU, MS. GLASGO, Z-1 DISCUSSION ITEM.

Glasgo: QUESTION.

Mayor Garcia:ZY 2 CONSENT FOR ALL THREE READINGS, Z-3 CONSENT FOR ALL THREE READINGS. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARINGS ON 2 AND 3 AND TO APPROVE BOTH ITEMS ON ALL THREE READINGS.

Glasgo: MAYOR, WE NEED ANOTHER COUNCILMEMBER.

Mayor Garcia: NEED ONE MORE COUNCILMEMBER. HELLO, COUNCILMEMBERS. WHEREVER YOU ARE.

Glasgo: GREG HAS GONE TO LOOK FOR ONE OR TWO. ALL THE PEOPLE TO MY LEFT, LEFT. ALL THE PEOPLE TO MY RIGHT ARE RIGHT HERE.

Glasgo: MAYOR PRO TEM IS STILL BEHIND YOU.

Mayor Garcia: THERE SHE IS, WE HAVE FIVE COUNCILMEMBERS. IMLS FOUR, YOU HAVE FOUR.

Glasgo: FOUR, YOU HAVE FOUR.

Mayor Garcia: MS. DALY, WHERE IS YOUR COUNCILMEMBER?

Mayor Garcia: 1, 2, 3, 4, 5, OKAY.

WYNN: SORRY, I MOVE TO CLOSE THE PUBLIC HEARINGS ON Z-2 AND 3 AND APPROVE ON ALL THREE READING.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN TO APPROVE ITEMS Z-2 AND 3 AND CLOSE THE PUBLIC HEARINGS. IS THERE A SECOND? I WILL SECOND THAT. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO? MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH COUNCILMEMBER THOMAS -- COUNCILMEMBER THOMAS DO YOU WANT TO VOTE AYE? ON ITEMS 2 AND 3, Z-2 AND 3?

[INAUDIBLE - NO MIC]

MOTION CARRIES ON A VOTE OF 7 TO 0. MOTIONS WERE MADE BY THE -- BY THE -- THE MOTION WAS MADE BY COUNCILMEMBER WYNN AND THE -- THE SECOND WAS BY THE MAYOR. ON A VOTE OF 7 TO 0.

Z-1. C14-02-42 LOCATED AT 9007 MANCHACA. THE PROPERTY IS CURRENTLY ZONED DR, WHICH STANDS FOR DEVELOPMENT RESERVE. THE APPLICANT IS REQUESTING LR, WHICH STANDS FOR NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. BOTH THE ZONING AND PLATTING COMMISSION AND STAFF RECOMMEND DENIAL OF THE APPLICANT'S REQUEST FOR LR AND INSTEAD RECOMMEND LO, LIMITED OFFICE, WITH A MIXED USE COMBINING DISTRICT AND THE CONDITIONAL OVERLAY. THE REASON FOR THAT RECOMMENDATION IS THAT -- THAT THERE IS AN ABUNDANCE OF L.R. ZONING OR OTHER COMMERCIAL ZONING DISTRICTS IN THE AREA, TYPICALLY UNDER PLANNING PRINCIPLES WE TRY TO LOCATE THOSE MORE INTENSIVE ZONING DISTRICTS AT AN INTERSECTION WHERE AT LEAST YOU HAVE INGRESS AND EGRESS OPPORTUNITIES TO AT LEAST -- TO AT LEAST TWO STREETS. THIS TRACT IS IN MID BLOCK AND IS -- IS NOT ADJACENT OR IN PROXIMITY TO OTHER STREETS AS FAR AS BEING AN INTERSECTION OF OTHER THOROUGHFARES. AND GIVEN ITS LOCATION, BOTH THE ZONING AND PLATTING COMMISSION AND STAFF RECOMMEND LO ZONING WITH A MIXED USE COMPONENT TO ALLOW FOR THE POSSIBILITY OF SOME RESIDENTIAL AND OFFICE USES. I WILL PAUSE THERE AND LET THE APPLICANT MAKE HIS CASE, I WILL BE GLAD TO RESPONDS TO QUESTIONS AFTER YOU HEAR FROM THE APPLICANT.

MR. TERRY JACKSON, YOU HAVE FIVE MINUTES FROM YOUR PRESENTATION. SINCE THERE'S NOBODY HERE TO SPEAK AGAINST IT, YOU WILL NOT GET A CHANCE TO REBUTT.

MAYOR, COUNCILMEMBERS, MY NAME IS TERRY JACKSON, I'M THE AGENT FOR THE APPLICANT. I WOULD LIKE TO READ YOU A LETTER THAT I WROTE PREVIOUSLY TO MS. WINDY WALSH CONCERNING THIS APPLICATION. THE PURPOSE OF THIS LETTER IS TO JUSTIFY LR ZONING ON THE SUBJECT PROPERTY AS OPPOSED TO LO AS RECOMMENDED BY THE CITY STAFF. AS YOU ARE AWARE, THIS PROPERTY IS LOCATED ON MANCHACA ROAD, A PRIMARY ROADWAY, RECENTLY WIDENED TO FIVE LANES CONSISTING OF TWO LANES BOTH NORTH AND SOUTH WITH CONTINUOUS TURNING LANE IN THE MIDDLE. THE ROADWAY HAS A VERY HIGH TRAFFIC COUNT AS TO -- TO BE 20,000 VEHICLES PER DAY, THAT CAME FROM TEXDOT IN THE YEAR 2000. THE PROPERTY IS SURROUNDED BY SINGLE FAMILY RESIDENTIAL DWELLINGS AND MULTI-FAMILY COMPLEXES AND IS ADJACENT TO A VETERINARY CLINIC ON THE SOUTH, WHICH IS ZONED LR, AND A SINGLE FAMILY DWELLING ON THE NORTH, WHICH WAS RECENTLY ZONED LO, THAT PROPERTY IS CURRENTLY UNDER CONTRACT WITH THE BUYER WHO WISHES TO OPERATE A MONTESSORI SCHOOL IN THE EXISTING DWELLING. ON THE EAST SIDE OF MANCHACA ROAD, THERE ARE NUMEROUS RETAIL ESTABLISHMENTS SUCH AS TACO CABANA, HOLLYWOOD VIDEO, AUTO ZONE, WALGREEN DRUGS, A CAR WASH UNDER CONSTRUCTION AND THE ABOVE MENTIONED VETERINARY CLINIC. THE CITY STAFF CITED AS ONE FACTOR IN ITS RECOMMENDATION OF LO ZONING THAT THE SUBJECT PROPERTY IS NOT ON THE CORNER. AS YOU CAN SEE ONLY ONE OF THE PRESENT BUSINESSES THAT'S LISTED ABOVE ARE ON THE CORNER. WALGREEN DRUGS AT THE CORNER OF MANCHACA ROAD AND SLAUGHTER. THE VETERINARY CLINIC ADJACENT TO THE SUBJECT PROPERTY IS ON A CORNER CREATED WHEN A NEIGHBORHOOD STREET WAS CONSTRUCTED AS PART OF THE SURROUNDING RESIDENTIAL DEVELOPMENT. IT APPEARS THAT EVERY PARCEL OF LAND FRONTING ON THE EAST SIDE OF MANCHACA ROAD, BOTH NORTH AND SOUTH OF THE SUBJECT PROPERTY, WITH THE EXCEPTION OF 8807 MANCHACA ROAD, WHICH IS RECENTLY ZONED LO, HAS BEEN GRANTED LR ZONING. THE SHAPE OF THE PROPERTY, 1,110.43 FEET OF FRONTAGE ON MANCHACA ROAD AND DEPTHS RANGING FROM 261.39 TO 270.11 FEET MAKE THIS TRACT DESIRABLE FOR EITHER A NEIGHBORHOOD OFFICE RETAIL STRIP CENTER OR SEVERAL INDIVIDUAL RETAIL PAD SITES SUCH AS THOSE JUST SOUTH OF THE PROPERTY. THE CLOSEST COMPARABLE NEIGHBORHOOD RETAIL STRIP CENTER IS LOCATED ON MANCHACA ROAD AND WILLIAM CANNON DRIVE SEVERAL MILES TO THE NORTH. THE RETAIL OFFICE CENTER ON THE SUBJECT PROPERTY WOULD BE WITHIN WALKING DISTANCE OF THE SINGLE FAMILY DWELLINGS AND MULTI-FAMILY COMPLEXES ON THE EAST SIDE OF MANCHACA ROAD AS WELL AS THE SINGLE AND MULTI-FAMILY HOMES ON THE WEST SIDE OF MANCHACA ROAD AND THE SINGLE FAMILY HOMES LOCATED ALONG DITTMAR LANE. A SMALL NEIGHBORHOOD RETAIL DEVELOPMENT WOULD APPEAR TO NOT ADD ADDITIONAL TRAFFIC ON MANCHACA ROAD, BUT WOULD DRAW CLIENTELE FROM AN EXISTING -- FROM EXISTING TRAFFIC. ACCESS WOULD NOT BE A PROBLEM BECAUSE OF THE CONTINUOUS TURNING LANE ON THE ROADWAY AND FOR FORESEEABLE TRAFFIC PROBLEMS WOULD RESULT, NO FORESEEABLE TRAFFIC PROBLEMS. DRIVING THROUGH THERE THERE IS NOT ANOTHER FRONTAGE DEPTH DIMENSIONS THAT ALLOWS SUCH A RETAIL STRIP CENTER AS THE SUBJECT PROPERTY. SUCH A CENTER WOULD ENHANCE THE AREA AND PROVIDE A CONVENIENCE FOR THE NEIGHBORHOOD. I THEN WROTE ANOTHER LETTER AFTER REVIEWING THE STAFF RECOMMENDATIONS FOR LO RATHER THAN LR. THE BASIS FOR THEIR RECOMMENDATION WAS AS FOLLOWS: NUMBER 1, THE PROPOSED ZONING SHOULD BE CONSISTENT WITH THE PURPOSE STATEMENT OF THE DISTRICT SOUGHT. AS STATE THE BY STAFF, THE LR NEIGHBORHOOD COMMERCIAL DISTRICT IS INTENDED FOR SHOPPING FACILITIES THAT PROVIDE LIMITED BUSINESS SERVICES AND OFFICES TO THE RESIDENTS OF THE NEIGHBORHOOD, SUCH AS CONSUMER REPAIR SERVICES, FOOD SALES, SERVICE STATIONS AND PET SERVICES. AS STATED IN MY LETTER OF APRIL 22, 2002, THE LIMITED BUSINESS SERVICES L.I.ED BY STAFF -- LIMITED BUSINESS SERVICES LISTED BY STAFF ARE EXACTLY THE INTENDED PURPOSE OF THE PROPERTY WHEN LR ZONING WAS REQUESTED. THE SHAPE OF THE PROPERTY, 110 -- 1,110.43 FRONTAGE OF MANCHACA ROAD WITH THE DEPARTMENT OF 261.329 TO 270.11 IS EXTREMELY SUITABLE FOR A RETAIL OFFICE NEIGHBORHOOD STRIP CENTER. THE PROPERTY IS WITHIN WALKING DISTANCE OF SINGLE FAMILY HOMES, MULTI-FAMILY PROJECTS AND OTHER RETAIL BUSINESSES. ANY RETAIL OFFICE CENTER LOCATED ON THE PROPERTY WOULD CERTAINLY SERVICE THE RESIDENTS OF THE NEIGHBORHOOD AND PROVIDE A NEEDED CONVENIENT. RETAIL SERVICES AS LISTED BY STAFF WOULD BE COMPATIBLE WITH SUCH A CENTER. [BUZZER SOUNDING]

NUMBER 2 --

ZONING CHANGES SHOULD PROMOTE COMPATIBILITY WITH ADJACENT NEARBY USES. AS STATED BY STAFF LR ZONING FOR THE SUBJECT PROPERTY WOULD BE INCOMPATIBLE GIVEN ITS LOCATION ON THE INTERIOR RATHER THAN AT AN INTERSECTION ADJACENT RESIDENTIAL USE, AND THAT SIMILARLY SITUATED PROPERTIES THAT THIS SEGMENT OF MANCHACA ROAD CARRY OFFICE ZONING. TRUE, THE PROPERTY IS NOT LOCATED AT AN INTERSECTION, BUT THE AVAILABLE FRONTAGE, ALONG MANCHACA ROAD WOULD ALLOW RETAIL OFFICE BUSINESSES TO BE LOCATED WHERE A CONVENIENCE TO THE NEIGHBORHOOD --

Mayor Garcia: SIR, LET ME ASK YOU HOW MUCH LONGER YOU HAVE? BECAUSE YOUR FIVE MINUTES ARE UP?

OH, THEY ARE. JUST -- JUST 30 SECONDS.

Mayor Garcia: SUMMARIZE.

ANYWAY, IT'S CONVENIENT, CONVENIENT TO THE NEIGHBORHOOD, EVERY PROPERTY ON THE EAST FRONTAGE OF MANCHACA ROAD BETWEEN SLAUGHTER LANE AND DAVIS LANE HAVE BEEN GRANTED LR ZONING. THE FACILITIES ARE THERE. THE ACCESS IS THERE. IT'S MY BELIEF AND MY REQUEST THAT LR ZONING RATHER THAN LO BE GRANTED. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, MR. JACKSON. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] 4:33 P.M.

Mayor Garcia: I UNDERSTAND THAT, BUT SOMETIMES THE APPLICANT -- MAYBE I NEED TO ASK HIM. ARE YOU WITHDRAWING YOUR REQUEST?

I WILL ACCEPT L.O.

Mayor Garcia: ALL RIGHT. THANK YOU. COUNCIL, I'LL ENTERTAIN A MOTION ON THIS ITEM.

Slusher: I HAVE A QUESTION, MAYOR.

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: I WOULD LIKE TO HEAR MS. GLASGO RESPOND A LITTLE BIT TO THE GENTLEMAN'S COMMENTS AND THE STAFF'S PHILOSOPHY ON THIS. AND ONE THING I WOULD LIKE TO KNOW IS WHAT ABOUT IF THE ONE CORNER OF IT PERHAPS WERE LR AND THE REST OF IT LO. TALK TO ME ABOUT THAT FROM A PLANNING PERSPECTIVE.

WELL, COUNCIL, OBVIOUSLY YOU CAN'T CONSIDER LIMITING THE LR TO JUST A PORTION OF IT. ARE YOU LOOKING AT MAKING IT CLOSER TO THE --

Slusher: HOW ABOUT THE SOUTH END OF IT?

THE SOUTH END?

Slusher: WHAT'S THE STREET FROM THIS MAP I HAVE HERE, IT DOESN'T SAY THE NAME OF THE STREET. I'M WONDERING HOW FAR A WE ARE FROM SLAUGHTER LANE.

SLAUGHTER LANE WOULD BE NOT TOO FAR FROM HERE. THERE'S A LITTLE LOCATIONAL MAP.

Slusher: SO WE'VE GOT MF -- YOU'VE GOT LR IMMEDIATELY ON THE SOUTH SIDE OF THIS AND THEN YOU'VE GOT MULTI-FAMILY. AND I'M WONDERING DOES THAT MULTI-FAMILY THEN STRETCH -- THERE'S RETAIL AGAIN. I KNOW THERE'S RETAIL THERE AT SLAUGHTER.

CORRECT. THERE IS ANOTHER MAP.

Slusher: HOW DID -- DID THE STAFF SAY, OKAY, WELL, THIS OUGHT TO BE OFFICE FROM THIS POINT DOWN OR DID IT JUST SAY, WELL, THERE'S ENOUGH RETAIL, SO LET'S MAKE THIS TRACT OFFICE? DO YOU SEE THE DIFFERENCE BETWEEN THOSE TWO? I'M WONDERING IF IT WOULD MAKE SENSE FROM A PLANNING STANDPOINT IN YOUR OPINION TO HAVE MORE RETAIL AND THEN OFFICE OR IF YOU JUST LOOKED AT IT FROM WHETHER THIS WHOLE TRACT OUGHT TO BE OFFICE OR RETAIL.

WELL, WE'LL LOOK AT IT FROM THE PERSPECTIVE OF MAKING IT ALL OFFICE SIMPLY BECAUSE TO THE NORTH AND THE SOUTH OF THE TRACT YOU HAVE LR ZONING, AND TYPICALLY WITH LO ZONING YOU -- THE USE GENERATES A LOT OF TRAFFIC. YOUR RESTAURANTS ARE ALLOWED IN THOSE DISTRICTS. AND TYPICALLY YOU NEED LOCATION AT AN INTERSECTION TO ALLOW INGRESS AND EGRETION GRES. IF YOU HAVE A BANK, IF YOU HAVE A FAST FOOD RESTAURANT WITH LR ZONING, THOSE OTHER TRACTS DO HAVE THE POSSIBILITY OF ACCESSING AN ADJOINING STREET. THE SAME THING, YOU HAVE MANCHACAMANCHACA ROAD AND AN ADJOINING STREET. HERE WITH OFFICE ZONING, IT'S MORE COMPATIBLE WITH THE RESIDENTIAL DEVELOPMENT AND THE FACT THAT IT'S JUST -- IT HAS ONE ACCESS FRONTAGE ON MANCHACA ROAD.

Slusher: OKAY. I SEE WHAT YOU'RE SAYING. OKAY. DO YOU THINK IT MAKES -- FROM A PLANNING PERSPECTIVE TO HAVE THIS WHOLE TRACT OFFICE, IT'S NOT JUST BASED ON THE FACT THE TRACT CAME IN AND YOU SAID WE THINK IT'S BETTER OFFICE THAN RETAIL.

CORRECT. AND THERE'S A LITTLE MAP FURTHER BACK THAT GIVES YOU A LARGER SCOPE OF THE MORE RETAIL ZONING. WHERE YOU HAVE INTERSECTIONS THAT SHOW LR.

Slusher: ALL RIGHT. THAT'S MY QUESTION, MAYOR.

Mayor Garcia: FURTHER QUESTIONS FOR MS. GLASGO OR THE APPLICANT? IF NOT, I'LL ENTERTAIN A MOTION TO APPROVE NUMBER Z-1 AND ACCEPT THE STAFF ZONING AND PLATTING COMMISSION RECOMMENDATION. MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER SLUSHER. THIS WILL BE FOR FIRST READING ONLY.

YES, FIRST READING ONLY.

Mayor Garcia: IS THAT OKAY WITH YOU, MAYOR PRO TEM?

Goodman: YES, YES.

Mayor Garcia: AND COUNCILMEMBER SLUSHER?

Slusher: YES.

Mayor Garcia: THERE'S A MOTION AND A SECOND. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. AND THAT CONCLUDES --

THAT CONCLUDES THE 4:00 O'CLOCK ZONING CASES.

Mayor Garcia: SO NOW WE'LL GO BACK TO OUR AGENDA.

Goodman: MAYOR, BEFORE WE DO, CAN WE REMIND OURSELVES RELATIVE TO WHAT WE JUST DID ON THAT ZONING CASE THAT WE'RE SUPPOSED TO BE LOOKING AT SUSTAINABLE CITY CITY'S, PRACTICES, NEW PARADIGM, LAND DEVELOPMENT CODE TOOLS THAT WE DON'T HAVE? AND I THINK THAT WE'VE HAD SOME OPPORTUNITY TO DO THIS AND MAY STILL BEFORE THIRD READING HAS TO DO WITH NEW PARADIGMS INSTEAD OF STRIPPING OUT, WHICH I THINK IS THE TYPICAL TRADITIONAL WAY OF LOOKING AT THE PRECEDENTS THAT ARE THERE AND THEN SAYING IT OUGHT TO BE ALL LR. MAYBE THERE COULD HAVE BEEN SOME MORE LR, BUT THE FACT THAT WE WERE STRIPPING IT OUT AND WALLING IN THE RESIDENTIAL OR WALLING OUT THE RESIDENTIAL, WHICHEVER, AND WHETHER OR NOT THERE ARE ADDITIONAL TREATMENTS AND WHAT THE MU IS REALLY MEANT TO BE THERE ARE SOME ISSUES THAT WE MAYBE NEED TO TAKE JUST A FEW MINUTES TO DISCUSS WHEN THESE KIND OF CASES COME BEFORE IT BECAUSE NOT JUST THE ZONING COMMISSION AND THE ZONING AND PLATTING COMMISSION, WE NEED TO WORK ON IT AND I THINK THAT'S WHAT WE NEED TO BE LOOKING FOR TO CHANGE FROM OUR END.

Mayor Garcia: VERY GOOD POINT. MAYOR PROMAYOR PRO TEM. WE'LL NOW GO TO ITEMS 22 AND 23, AND I'LL RECOGNIZE COUNCILMEMBER BETTY DUNKERLEY.

MAYOR, IF YOU WILL, ON ITEMS 22 AND 23, NOT TO PUT ANY COUNCILMEMBER ON THE SPOT, WE WOULD LIKE TO GO AHEAD AND WALK YOU THERE WHAT YOU DID AT THE LAST MEETING. MARK WALTON, THE CASE MANAGER, WILL WALK YOU THROUGH THAT. GOOD AFTERNOON. I'M MARK WALTERS FROM THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. AND THIS AFTERNOON I'M GOING TO WALK YOU THROUGH WHAT WAS LEFT AFTER YOU ADOPTED THE UPPER BOGGY CREEK NEIGHBORHOOD PLAN AND REZONINGS ON THE FIRST OF AUGUST. AT THAT TIME YOU WITHDREW TWO TRACTS FROM BOTH THE PLAN AND THE ATTENDANT REZONING. AND TODAY WE'RE SUBMITTING THESE TWO TRACTS TO YOU FOR YOUR CONSIDERATION SO WE COULD FINISH ADOPTING THE NEIGHBORHOOD PLAN. THE ISSUES WERE WAS TRACT 16 HAD BEEN AN ILLEGALLY OPERATING BUSINESS FOR THE PAST 22 YEARS, AND COUNCIL RECOMMENDED THAT THE PROPERTY OWNER SIGN A RESTRICTIVE COVENANT LIMITING THE USE TO A HAIR SALON AT THE TIME THAT THAT BUSINESS CEASES FOR 90 DAYS, IT WILL ROLL BACK TO SINGLE-FAMILY. AND AS FAR AS I UNDERSTAND IT, MR. CARTER, THE PROCEED PRY TORE AND OWNER OF TRACT 16, HAS INDEED SIGNED THE RESTRICTIVE COVENANT AND MAILED IT TO THE LAW DEPARTMENT, BUT WE HAVE NOT YET RECEIVED IT. SO IN SO MUCH AS THAT, MR. CARTER HAS COMPLIED WITH THE COUNCIL'S ISSUES. FOR TRACT 17, THE PROPERTY IS CURRENTLY ZONED CS, COMMERCIAL SERVICES, THE MOST PERMISSIVE OF ALL ZONING CATEGORIES, COMMERCIAL ZONING CATEGORIES IN THE CITY OF AUSTIN. AND THE RECOMMENDATION FROM STAFF WAS TO DOWNZONE TO GR-MU,-CO,-NP AND LIMIT THE USES TO SIX USES IN SOME FAIRLY RESTRICTIVE SITE DEVELOPMENT STANDARDS WHICH WOULD LIMIT IT TO LR, WHICH IS THE ZONE ZONING CATEGORY DOWN, AS WELL AS LIMIT ANYTHING TO 300 TRIPS PER DAY. I SPOKE WITH MS. DUFFY, WHO IS THE SPOKESPERSON FOR THE NEIGHBORS ACROSS THE STREET WHO OPPOSE ANY COMMERCIAL ZONING ON CHERRY WOOD ROAD, AND SHE HAS COMMUNICATED TO ME YESTERDAY THAT SHE HAS SPOKE WITH HER NEIGHBORS FOLLOWING THE COUNCIL MEETING AND THAT THEY ARE STILL STEADFAST IN THEIR VIEW THAT THEY SHOULD HAVE NO COMMERCIAL ZONING ON CHERRYWOOD ROAD. THE PROPERTY OWNER HAS AGREED TO GO DOWN TO THIS GR-MU-CO-NP, VERY RESTRICTIVE. AND BOTH PARTIES, THE PEOPLE ACROSS THE STREET AND THE PROPERTY OWNER, HAVE VALID PETITIONS. ONE, THE PROPERTY OWNER, OBJECTING TO ANY ZONING LOWER THAN WHAT SHE HAD AGREED TO. AND THE PROPERTY OWNER'S ACROSS THE STREET DON'T WANT ANY COMMERCIAL, SO THEY'RE OBJECTING TO THE CS -- DOWN ZONING TO THE GR AND THEY OPEN TO ANY COMMERCIAL AND THEY WOULD LIKE TO SEE COUNCIL REZONE THAT TO SINGLE-FAMILY. AND IF YOU HAVE ANY QUESTIONS, I --

> Dunkerley: SO I HEAR YOU SAY ON THAT ISSUE, 16 WE HAVE AGREEMENT AND 17 WE STILL HAVE DISAGREEMENT.

YES, THAT'S CORRECT. AND WE'RE JUST WAITING FOR -- TO RECEIVE MR. CARTER'S RESTRICTIVE COVENANT, AND WE CAN'T HAVE MORE THAN -- WE CAN ONLY GO TO FIRST READING ON THAT -- WE CAN'T GO TO THIRD READING UNTIL WE HAVE THE RESTRICTIVE COVENANT. AND I WOULD LIKE TO MAKE ONE CHANGE ON THE MOTION SHEET THAT I HANDED TO YOU. FOR MR. CARTER'S PROPERTY, TRACT 16, AND THE REZONING IT SAYS PROFESSIONAL OFFICES AND WE'D LIKE TO STRIKE THAT BECAUSE OF THE RESTRICTIVE COVENANT WOULD MAKE THAT WITH -- SAY YOU HAD AN OFFICE AND THE RESTRICTIVE COVENANT KICKED IN, THEY WOULD HAVE TO CLOSE THE OFFICE DOWN. SO WE WERE WITHDRAWING THAT RECOMMENDATION. THE HAIR SALON STOPPED AND A PROFESSIONAL OFFICE OPENED UP, 90 DAYS LATER THEORETICALLY IF SOMEONE FROM THE NEIGHBORHOOD BROUGHT IT TO OUR ATTENTION, WE WOULD HAVE TO INITIATE A ZONING ROLL, MAKING IT A NONCONFORMING USE. ROLL BACK.

Goodman: LET ME ASK YOU SOMETHING, IF I COULD, THAT I'M NOT REMEMBERING AND I DIDN'T BRING ALL THE PLANS WITH ME TODAY. WHEN WE GOT DOWN TO THINGS LIKE MU, WERE THERE DISCUSSIONS ABOUT A PARTICULAR SENSE OF WHICH USE THAT COULD HAPPEN IN THE NEXT USE? WERE THEY ENVISIONED?

FOR TRACT 16? YES. I DO REMEMBER THAT IT WOULD ALSO LIMIT IT TO NO MORE THAN LIKE ONE DWELLING UNIT -- OR TWO DWELLING UNITS PER THE LOT.

Goodman: ARE THERE ANY MORE QUESTIONS FOR STAFF? OKAY. THANK YOU. MOTION? DISCUSSION?

Dunkerley: I'M NOT QUITE SURE TO GO ABOUT DOING THE MOTION, BUT LET'S TRY. FOR THE PLAN ADOPTION, DO WE HAVE TO DO A SEPARATE ONE, MAYOR PRO TEM, FOR THE PLAN FOR BOTH 16 AND 17 AND FOR THE ZONING FOR BOTH 16 AND 17?

Goodman: I SUSPECT WE DO, BUT I BETTER ASK SEDORA.

A SINGLE MOTION WOULD BE REQUIRED BECAUSE THEY'RE BOTH A PART OF ITEM 22.

Dunkerley: ALL RIGHT. I'D LIKE TO MAKE A MOTION. I MOVE TO ADOPT THE UPPER BOGGY CREEK NEIGHBORHOOD PLAN FUTURE LAND USE MAP TO DENOTE MIXED USE FOR TRACT 16, AND THE ASSOCIATE REZONING WITH THAT TRACT LIMITED TO PERSONAL SERVICES WITH THE RESTRICTIVE COVENANT. ON BLOCK 17, TO ADOPT THE UPPER BOGGY CREEK NEIGHBORHOOD PLAN FUTURE LAND USE MAP TO DONATE FUTURE SINGLE-FAMILY FOR TRACT 17 AND THEN THE REZONING TO REZONE THE TRACT TO SF-3. THAT WOULD BE MY PROPOSAL.

Slusher: SECOND.

Goodman: THERE'S A MOTION AND A SECOND TO ESSENTIALLY GO WITH THE AGREEMENT WE HAVE AS I UNDERSTAND IT FOR MIXED USE ON TRACT 16. AND TO TAKE TRACT 17 TO SF-3.

MAYOR PRO TEM, I HAVE A QUESTION. IS THAT FOR FIRST READING ONLY?

Dunkerley: HOWEVER MANY READINGS WE CAN DO.

FOR AGENDA ITEM 22 YOU WOULD HAVE TO ADOPT THE PLAN ITSELF BECAUSE 23 WOULD BE THE REZONING. SO 22 NEEDS TO PRECEDE 23. SO IT WOULD BE THE MOTION FOR -- AS I UNDERSTAND IT, FOR 22 YOU WOULD HAVE TO ADOPT THE FUTURE LAND USE MAP TO DID DENOTE LR-MU-CO-NP FOR TRACT 16 AND SINGLE-FAMILY FOR TRACT 17. AND THEN FOR THE REZONING, WHICH IS THE AGENDA ITEM 23, YOU WOULD ADOPT LR-MU-CO-NP WITH THE RESTRICTIONS FOR TRACT 16 AND REZONE TRACT 17 TO SINGLE-FAMILY.

Dunkerley: COULD THAT BE ALL THREE READINGS?

ONLY FOR THE PLAN. BUT FOR THE REZONING, THAT WOULD ONLY BE FIRST READING BECAUSE WE HAVEN'T RECEIVED THE RESTRICTIVE COVENANT.

Dunkerley: I UNDERSTAND AND THAT'S WHAT I MOVE.

Goodman: OKAY. NOW I'M NOT SURE ANY MORE BECAUSE THAT'S WHAT I ASKED SEDORA IF WE COULD DO, OR I THOUGHT THAT WE HAD TO GO SEPARATELY. AND IT LOOKS LIKE HE'S SAYING WE DO. ARE YOU STILL SAYING WE DON'T? WE CAN DO ALL THIS IN ONE?

I THINK I MISUNDERSTOOD THE QUESTION. I HAD UNDERSTOOD -- YOU WOULD JUST NEED A SINGLE MOTION TO DEAL WITH TRACTS 16 AND 17 AS A PART OF ITEM 22, WHICH DEALS WITH THE NEIGHBORHOOD PLAN. AND THAT CAN BE IN ALL THREE READINGS IS WHAT I UNDERSTAND THE GENTLEMAN TO SAY. AND ITEM NUMBER 23, THAT ONE CANNOT BE CONSIDERED ON THIRD READING BECAUSE WE DO NOT HAVE POSSESSION OF THE RESTRICTIVE COVENANT.

Goodman: OKAY. LET'S GO ONE BY ONE THEN. COUNCILMEMBER DUNKERLEY, SO YOUR MOTION ON 22 AND COUNCILMEMBER SLUSHER'S SECOND WAS TO ADOPT THE PLAN ON ALL THREE READINGS, INCLUDING TRACT 16 FOR LR-MU-CO-NP AND 17 FOR SF-1.

Dunkerley: SF-3, WHATEVER THE REST OF THE NEIGHBORHOOD IS.

Goodman: I THOUGHT YOU SAID SF-1.

SF-3.

Goodman: SORRY, SF- 3. FURTHER DISCUSSION?

Slusher: YES, MAYOR PRO TEM. I JUST WANTED TO THANK THE OWNERS OF TRACT 17. I THINK THEY'VE OPERATED REALLY IN GOOD FAITH IN THIS, BUT I'VE LOOKED AT IT REAL CLOSELY AND JUST FROM A PLANNING PERSPECTIVE, THIS IS WHAT MAKES SENSE FOR THE NEIGHBORHOOD. GOOD GI SHOULD SAY THAT TOO. --

Goodman: I SHOULD SAY THAT TOO. FURTHER COMMENTS? ALL IN FAVOR?

AYE.

Goodman: OPPOSED? ABSTAINING? WITH THE MAYOR TEMPORARILY OFF THE DIAS. AND THEN ITEM NUMBER 23 THEN IS THE REZONINGS, PER SE. AND COUNCILMEMBERS DUNKERLEY AND -- COUNCILMEMBER DUNKERLEY'S INTENT, I THINK, WAS TO HAVE LAID OUT THAT MOTION ALREADY FOR LR-MU-CO-NP ON TRACT 16, AND SF-3 ON TRACT 17. IS THERE A SECOND?

Thomas: SECOND.

Goodman: COUNCILMEMBER THOMAS SECONDS. FURTHER COMMENTS OR QUESTIONS, DISCUSSION? ALL IN FAVOR?

AYE.

Goodman: OPPOSED? ABSTAINING? WITH THE MAYOR TEMPORARILY OFF THE DIAS. OKAY. THANK YOU VERY MUCH. OKAY. I'M NOT SURE WHAT IT IS WE HAVE LEFT NOW.

MAYOR PRO TEM, I BELIEVE YOU HAVE 25, 36 AND 59 OKAY. GOOD OKAY. WHO HAS PULLED 25?

MAYOR PRO> MAYOR GARCIA.

MAYOR PRO TEM, ON ITEM 25 THE PUBLIC HEARING HAS BEEN CLOSED, HOWEVER, THERE ARE CITIZENS WHO HAVE SIGNED UP TO SPEAK AGAINST THE REZONING. THAT'S WHY THE MAYOR PULLED IT. THERE ARE FIVE CITIZENS SIGNED UP.

Goodman: OKAY. ITEM NUMBER 25 IS SECOND AND THIRD READING OF AN ORDINANCE REZONING PROPERTY AT 4604 THROUGH 4610 TERRY ROAD IN THE WILLIAMSON CREEK WATERSHED FROM LO, WHICH IS LIMITED OFFICE, TO LR-CO, WHICH IS NEIGHBORHOOD COMMERCIAL WITH A CONDITIONAL OVERLAY COMBINING DISTRICT. FIRST READING WAS ON JULY 11 July 11th AND THE VOTE WAS SEVEN TO ZERO. THERE WERE CONDITIONS. AND SO DO YOU WANT TO -- MS. GLASGO, DO YOU WANT TO TELL US ANYTHING ABOUT THIS CASE BEFORE WE HEAR THE SPEAKERS?

CERTAINLY. THIS CASE IS A REQUEST TO BUILD A PROPERTY LR-CO, WHICH WAS RECOMMENDED BY THE PLANNING COMMISSION AND STAFF. THE CONCERNS HERE OR THE OPPONENTS OF THE CASE REALLY ARE CONCERNED ABOUT HAVING CONVENIENCE STORES BECAUSE LR ZONING WOULD ALLOW FOOD SALES AND THE POSSIBILITY OF CONVENIENCE STORES WHICH GO ALONG WITH THAT. THE APPLICANT, HOWEVER, INTENDS TO HAVE A GROCERY STORE AND THE GROCERY STORE WOULD BE A SMALL LIKE FRESH PLUS GROCERY STORE, BUT THE COMMENTS WE'VE RECEIVED FROM THE SOUTHEAST ALLIANCE NEIGHBORHOOD ASSOCIATION IS THEY TOOK UP A VOTE AND DID NOT -- TOOK NO ACTION AGAINST ZONING CHANGE EITHER FOR IT OR AGAINST IT, HOWEVER, THE FRANKLIN PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THE ZONING CHANGE FOR FEAR OF HAVING A CONVENIENCE STORE ON THE REZONING. AND, OF COURSE, IF YOU PROHIBIT FOOD SALES, THEN THE OWNER WOULDN'T COULDN'T HAVE THE GROCERY STORE UNDER THE LR ZONING. SO IT'S LIKE WHAT YOU ENCOUNTERED AWHILE AGO ON THE MANCHACA CASE. I WILL PAUSE HERE AND LET THE APPLICANT MAKE HIS CASE AND I WILL ANSWER QUESTIONS AFTER HE PRESENTS HIS CASE.

THANK YOU, MAYOR AND COUNCILMEMBERS. MY NAME IS JIM WITLIF AND I'M HERE AS A REPRESENTATIVE OF THE APPLICANT. I'M GOING TO TRY TO BE BRIEF, BUT I MAY RUN OVER ON MY TIME -- I HAVE FIVE MINUTES?

Mayor Garcia: YOU HAVE FIVE MINUTES. JUST A SECOND. WHY DON'T YOU START IT AGAIN. THERE YOU GO. FIVE MINUTES.

THANK YOU. I THINK MS. GLASGO SUMMARIZED IT PRETTY BRIEFLY. I'M GOING TO READ ONE SHORT PARAGRAPH BRIEFLY OUT OF THE STAFF REPORT. BASED ON THE RESULTS OF AN INITIAL SURVEY SENT IN DECEMBER 2001, RESIDENTS WITHIN SOUTHEAST NEIGHBORHOOD PLANNING AREA HAVE EXPRESSED AN ADDITIONAL IN ADDITIONAL GROCERY STORES NEARBY. AT PRESENT THE NEAREST GROCERY STORE IS LOCATED AT THE INTERSECTION OF WILLIAM CANNON DRIVE AND NORTHBOUND I-35I-35 FRONTAGE ROAD AND ACCESS AND CONNECTIVITY TO THAT STORE IS LACKING. THE PROPOSED GROCERY STORE WOULD ASSIST TOWARDS SATISFYING THE NEEDS. WHEN THE OWNER OF THE PROPERTY CAME TO ME AND TOLD ME WHAT HE WANTED TO DO, I'VE BEEN DOING THIS FOR 20 YEARS HERE. THE FIRST THING I LOOKED AT, IT BACKS UP TO RESIDENTIAL ON TWO SIDE. I HIGH TAILED IT OUT TO HIS TWO EXISTING STORES AND CHECKED IT OUT BECAUSE I WANTED TO MAKE SURE IT WAS SOMETHING I WAS PROUD TO REPRESENT. AND I AM PROUD TO REPRESENT THIS. THE OWNER IS HERE AND HIS PARTNER. AND THEY'RE GOING TO TELL YOU SOME THINGS THAT SURPRISED ME. MR. ROSELLAS HAS A VERY BRIEF VIDEO THAT SHOWS HIS THREE STORES, TWO HERE IN AUSTIN THAT HAVE BEEN IN BUSINESS FOR TWO YEARS, AND ONE IN SAN MARCOS THAT THEY OPENED RECENTLY THAT'S PROBABLY THE MOST SIMILAR TO WHAT YOU WOULD SEE ON THIS SITE. THE FIRST TWO STORES IN AUSTIN ARE IN STRIP CENTER LEASE SPACE, AND THIS WOULD BE A FREESTANDING STORE. AND I THINK IT WOULD BE A LOT NICER THAN THEIR OTHER STORES. I WANT TO CLARIFY --

Mayor Garcia: BEFORE YOU GO ON, I NEED TO HAVE A MOTION BY THE COUNCIL TO APPROVE ACCEPTING TESTIMONY BECAUSE THE PUBLIC HEARING ON THIS ITEM IS CLOSED, BUT WE CAN DO IT IN SECOND AND THIRD READING IF WE HAVE A MOTION TO -- WE HAVE ONLY FIVE SPEAKERS, SO COUNCIL MAY WANT TO DO THAT.

Alvarez: SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER ALVAREZ. ALL IN FAVOR, SIGNIFY BY SAYING AYE? OPPOSED, NO? MOTION CARRIES BY A VOTE OF SIX TO ZERO WITH COUNCILMEMBER SLUSHER TEMPORARILY OFF.

I HAD HIM GO OUT AND IMMEDIATELY CANVASS THE IMMEDIATE NEIGHBORHOOD. YOU SEE THE PROPERTY IN GREEN HERE. AND THERE'S A DASHED LINE THAT SHOWS THE 200-FOOT RADIUS OF A LEGAL PETITION BOUNDARY. THERE WAS -- WHEN HE CANVASSED THIS LAST DECEMBER, THERE WAS NOBODY IN OPPOSITION. EACH OF THOSE RED DOTS REPRESENTS SOMEBODY THAT WAS IN SUPPORT. WE WENT TO THE FRANKLIN PARK NEIGHBORHOOD ASSOCIATION, SHOWED THEM THIS, AND THEY EXPRESSED SOME RESERVATION. THEY SAID THESE ARE NEARLY ALL RENTERS. AND I AGREE WITH THAT. I THINK EVERY ONE OF THESE FOLKS IS RENTERS. AND THEY SAID THAT THEIR HOME OWNERSHIP IS IN AN AREA FURTHER TO THE NORTH. SO WE WENT BACK AND WE CANVASSED AGAIN ON SEVERAL OTHER DAYS. WHAT WE HAVE ON THIS MAP IS A MUCH LARGER AREA. ALL OF THE PROPERTIES IN PURPLE ARE PEOPLE THAT SIGNED A PETITION THAT SAID THAT THEY'RE SUPPORTING LA HA SI ENDA STORE AND THEY'RE ALL HOMEOWNERS. WE ASKED THAT THEY OWN THEIR HOME OR RENT THEIR HOME. ALL THE FOLKS IN ORANGE ARE RENTERS. I'VE GOT IN MY HANDS HERE I'VE GOT 197 SIGNED PETITIONS IN SUPPORT. I'M AWARE OF THREE PEOPLE THAT HAVE EXPRESSED OPPOSITION. I'D LIKE TO JUST BRIEFLY -- EACH OF THESE PETITIONS SAYS DEAR MAYOR GARCIA AND CITY COUNCILMEMBERS, I'D LIKE TO EXPRESS MY SUPPORT FOR THE REZONING CASE IN ORDER TO ALLOW A LA HACIENDA GROCERY STORE TO BE BUILT ON THE PROPERTY. SINCERELY, AND THEN THEIR SIGNATURE AND ADDRESS. AND I'VE SPOKEN WITH MS. HANNAH ON SEVERAL OCCASIONS AND I DO RESPECT HER INTEGRITY IN REPRESENTING THE NEIGHBORHOOD, BUT IT'S MY PERSONAL OPINION THAT THE WILL OF THE OVERALL NEIGHBORHOOD, THEY WANT THIS GROCERY STORE. AND I THINK WHEN YOU HEAR FROM MR. ROSALES AND MR. RODRIGUEZ, YOU WILL UNDERSTAND WHY I WAS SO WILLING TO JUMP BEHIND THIS WITH MY SUPPORT BECAUSE I REALLY BELIEVE IT WOULD ADD INTEGRITY TO THE NEIGHBORHOOD. THANK YOU.

Mayor Garcia: THANK YOU. MR. ROSALES? AND FOLLOWING HIM IS DOUGLAS RODRIGUEZ.

GOOD AFTERNOON MAYOR GARCIA, COUNCILMEMBERS. MAY WE SEE THE VIDEO, PLEASE? WE STARTED OUR STORE, LA HACIENDA MARKET TWO AND A HALF YEARS AGO. WE STARTED WITH IT IN A SMALL SHOPPING CENTER, ABOUT 4,000 SQUARE FEET. THAT'S OUR FIRST STORE ON NORTH LAMAR. WE HAVE HAD A LOT OF SUPPORT FROM THE COMMUNITY AROUND. WE ONLY MANAGED TO PUT A SECOND STORE. AS YOU CAN SEE, WE CARRY ALL THE GROCERIES. WE CARRY PRODUCE, WE CARRY IMPORTED GROCERIES AND REGULAR GROCERIES. WE HAVE A WIDE SELECTION OF IMPORTED AND NATIONAL PRODUCE. WE INDICATOR TO THE MORE BASIC NEEDS, I THINK. THIS IS REALLY WHAT WE SHOULD BE CALLING A CONVENIENCE STORE BECAUSE YOU COULD FIND EVERYTHING OR ALMOST EVERYTHING YOU MIGHT NEED,. WE CARRY A WIDE SELECTION OF MEATS, MAYOR MARINATED MEAT FOR BARBECUING OR MEAT LIKE POULTRY, PORK, BEEF. I THINK, AS YOU CAN SEE, WE'RE VERY DIFFERENT FROM A CONVENIENCE STORE. AND WE COME TO MAKE A REALLY NICE CONNECTION WITH THE PEOPLE THAT GIVE US THEIR SUPPORT, THAT LET US SERVE THEM. WE SEE THAT THEY FIND THEMSELVES HAPPY WITH OUR PRODUCT, WITH OUR SERVICE AND WITH OUR PRICES. WE TRY TO HAVE THE LOWEST PRICES AVAILABLE. I COULD SAY IN FAVOR THAT OUR STORES ARE OPEN AND ANY ONE OF YOU CAN COME BY AND SEE THAT WE'VE GROWN TO SOMETHING ELSE THAN A CONVENIENCE STORE. THANK YOU.

Mayor Garcia: CAN WE GET THE LIGHTS BACK ON? THANK YOU. DOUGLAS RODRIGUEZ. WELCOME.

THANK YOU. GOOD AFTERNOON, MAYOR, GOOD AFTERNOON COUNCILMEMBERS. MY NAME IS DOUGLAS RODRIGUEZ. I HAVE BEEN IN WITH THE STORES FOR TWO YEARS AND A HALF RIGHT NOW AS A MARKETING CONSULTANT. AND LIKE MR. ROSALES WAS TELLING US THIS AFTERNOON, WE ARE NOT A CONVENIENCE STORE, WE ARE A NEIGHBORHOOD STORE. AND WE HAD A PLAN FOR THAT. AND I WANT TO MAKE THIS CLEAR BECAUSE, YOU KNOW, I HAVE BEEN WORKING MYSELF AND ALL THE OWNERS VERY HARD TO GET AN INTEGRATION WITH THE COMMUNITY. AND THIS IS GOING TO BE IN THIS LOCATION THAT WE ARE DISCUSSING TODAY, IS GOING TO BE THE MAIN PLAN FOR US TO CREATE WHAT WE'RE LOOKING FOR. WE HAVE A SOCIAL PLAN, WE HAD A COMMUNITY PLAN THAT THIS IS GOING TO BE THROUGH THE INTEGRATION WITH THE COMMUNITY THROUGH THE EDUCATION. FOR EXAMPLE, WE HAVE A PROGRAM CALLED KEEP OUR CHILDREN IN SCHOOL, WHICH IS -- IT'S TO GIVE OUR KIDS AND GET FINANCIAL CORPORATIONS THAT IS DIRECTED TO THE SCHOOLS IN THE AREA, BOOKS AND SUPPLIES. ALSO WE HAD AS A SECOND POINT, WE HAD THE HEALTH PLAN WHICH WE CALL LA HACIENDA DOCTOR. WE ARE GOING TO CALL DOCTORS TO -- YOU KNOW, TO CHECK OUT THE COMMUNITY IN OUR STORES AND BRINGING THE DOCTOR DIRECTLY AND THE PEOPLE THAT PROBABLY DON'T HAVE THE FINANCIAL, IT WILL GIVE THEM THE FINANCIAL SUPPORT, AND THAT'S IN THE PLAN TOO. AND THIRD IS WE HAVE A PLAN WITH PHYSICAL ACTIVITIES. LA HACIEND COACH, SUPPORTING ANY PHYSICAL ACTIVITIES OR SPORTS RELATED TO THE CHILDREN AND TEENAGERS IN THE AREA, SUPPORTING THAT TO CREATE THE SOCCER TEAM, BASEBALL TEAM, BASKETBALL TEAM, WHATEVER IS NEEDED. WE HAVE THAT IN OUR PLAN. THE FOURTH POINT, WE HAVE THE LA HACIEND ENVIRONMENT. IT MEANS A HAPPY ENVIRONMENT, A SMILING FACE IN THE COMMUNITY. AND WE'RE LOOKING FOR THAT TO HELP IN THE COMMUNITY TO MAINTAIN CLEAN, SAFE AND BEAUTIFUL THROUGH DIFFERENT PROGRAMS, IS SEMINARS OR EDUCATIONAL PROGRAMS FOR FINANCIAL HELP TO THE COMMUNITY DIRECTLY IF THEY WANT TO FIX SOMETHING AND THEY DON'T HAVE THE MONEY. AND THE OTHER POINT, AND I THINK IT'S ONE OF THE MOST IMPORTANT, IS THE LA HACIENDA PIGGY BANK. WE CALL IT THE PIGGY BANK BECAUSE EVERY TUESDAY -- EVERY WEEK FOR 52 WEEKS IN A YEAR WE'RE GOING TO HAVE TUESDAYS AT WHOLESALE PRICE, WHICH MEANS -- [ BUZZER SOUNDS ] WHICH MEANS OUR PROFITS WILL BE REALLY MARGINAL. THANK YOU AND THAT'S THE RESULT OF THIS PLAN. AND LET MAKE TOGETHER A HAPPY PLACE AND A HAPPY COMMUNITY. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. RODRIGUEZ. THOSE ARE THE SPEAKERS IN FAVOR OF. WE HAVE TWO SPEAKERS SIGN UP AGAINST. AND ACTUALLY, WE ONLY HAVE ONE SPEAKER BECAUSE THE SECOND SPEAKER GAVE ONE TO THE FIRST ONE. MS. EMMA HANNAH HAS TWO MINUTES.

GOOD AFTERNOON COUNCILMEMBERS. MAYOR GARCIA, IT'S NICE TO SEE YOU. MY NAME IS EMMA HANNAH, AND BEFORE OUR MEETING ON THE 15TH, I WAS GOING TO SAY -- I'M THE PAST PRESIDENT OF OUR NEIGHBORHOOD ASSOCIATION, BUT I AM AGAIN THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION. AND IT'S MY DUTY TO REPRESENT MY NEIGHBORS AND WHAT THOSE NEIGHBORS HAVE SAID TO ME. WE MADE A CONCERTED EFFORT. WE'VE HAD FOUR MEETINGS REGARDING THE LA HACIENDA SITUATION, PRIMARILY BECAUSE I WANTED TO BE SURE EVERYBODY WHO WANTED TO COME, WHO WANTED TO GIVE INPUT HAD THE TIME TO DO IT. WE MET OVER AND OVER AND OVER AGAIN. EVEN OUR NATIONAL NIGHT OUT WE HAD A SMALL NEIGHBORHOOD ASSOCIATION MEETING AT THAT TIME SO THAT PEOPLE COULD ASK QUESTIONS, WE COULD TALK ABOUT IT, THEY COULD KNOW WHERE THE LOCATIONS WERE BECAUSE WE WERE INVITED TO GO VISIT THE STORE. I HAVE TO ADMIT, I REALLY WASN'T GOING TO GO BECAUSE I GREW UP WITH THIS TYPE MARKET. I GREW UP ON FOURTH AND COMAL HERE IN AUSTIN. AND SO IT WAS SOMEWHAT FAMILIAR, THE CONCEPT WAS FAMILIAR. BUT MY HUSBAND, NOT BEING A DECEITFUL MAN ON OUR SUNDAY AFTERNOON DRIVE, WE ENDED UP ON NORTH LAMAR. AND HE SAID, SINCE WE'RE HERE, LET'S JUST GO IN AND LOOK. AND I WANT TO TELL YOU, I'M GLAD I DID. I REALLY WISH WHAT WE SAW IN THE VIDEO WAS WHAT I HAD SEEN THAT SUNDAY. I TOLD MY HUSBAND -- WE JUST STOOD THERE. I SAID OH, TOM, THIS CAN'T BE WHAT THEY WANT TO BRING TO OUR NEIGHBORHOOD AND CALL A GOOD THING. I SAID, OKAY. IT'S SUNDAY, IT'S LATE. MAYBE THE CLEANING CREW HADN'T COME OR SOMETHING. THERE WAS PRODUCE ON THE FLOOR -- I MEAN, AS SOON AS YOU WALK IN THE DOOR ON NORTH LAMAR, IT'S THE PRODUCE SECTION. THERE WAS PRODUCE ON THE FLOOR, BAG OF ONIONS LAYING IN A DEPARTMENT THAT WASN'T EVEN PRODUCE. I MEAN, EVERYWHERE. THE FLOORS WERE FILTHY. I THINK THE PICTURES WERE DOWNLOADED. I THOUGHT IT HAS TO BE A BAD DAY. SO MY NEIGHBOR WANTED TO KNOW FOR HERSELF, SO SHE WENT BACK, SHE TOOK HER CAMERA. I MIGHT SAY WE GOT PERMISSION FROM THREE SEPARATE PEOPLE. WE ASKED FOR A MANAGER. IT TOOK US SOME TIME BECAUSE WE COULDN'T FIND ANYONE WHO SPOKE ENGLISH WELL ENOUGH. WE IDENTIFIED OURSELVES. I MADE SURE THEY KNEW WHO WE WERE, WHERE WE WERE FROM AND WHERE WE WERE THERE, AND THAT WE HAD BEEN INVITED TO COME AND SEE. I'M CERTAINLY DISAPPOINTED BECAUSE I THINK -- I KNOW PERSONALLY THAT MOST OF THE RESIDENTS IN THE 78744 AREA ARE OF HISPANIC DESCENT, BUT IN NO WAY DO I THINK IT'S FAIR FOR ANYONE TO COME IN AND TARGET THAT POPULATION WITH A PRODUCT THAT MAY NOT BE UP TO PAR AND CALL IT A GOOD THING FOR THE COMMUNITY. YOU CANNOT OFFER ME ANY SPECIAL SERVICES THAT WILL MAKE ME FEEL BETTER ABOUT THAT BUSINESS. I REGRET THAT DEEPLY. I REGRET THAT. IN A ONE-MILE RADIUS OF THAT POINT WE HAVE EIGHT CONVENIENCE/MARKETS SO THAT WE DON'T CONFUSE WHAT THEY'RE OFFERING. WE HAVE EIGHT. PLUS SAM'S AND WAL-MART. I MEAN, EIGHT WITHIN A ONE-MILE RADIUS. AND ONE RIGHT NEXT DOOR TO THE SITE THEY'RE PROPOSING. TRAFFIC IS GOING TO BE HORRENDOUS. SOUTH PLEASANT VALLEY CURRENTLY IS A DEAD END. STASSNEY THEY'RE BUILDING I DON'T KNOW HOW MANY UNITS OF APARTMENTS WITH TWO PROPOSED ON THE BACK SIDE OF THIS VERY AREA WE'RE TALKING ABOUT. I DON'T KNOW WHERE THE TRAFFIC IS GOING TO GO. WE COULD BARELY GET THROUGH THE PARKING LOT ON NORTH LAMAR. THE STORES I THINK IN THOSE AREAS ARE TOO SMALL TO SERVICE THE NUMBER OF PEOPLE THAT ARE COMING IN TO THE STORES TO SHOP. THERE'S JUST NO WAY -- THERE'S NO WAY IT'S GOING TO FIT. YOU CAN OFFER US ALL THOSE THINGS THAT ARE GOOD THINGS. RIGHT NOW SOUTHEAST AUSTIN, 78744, WE GET 250 TO $500,000 FROM THE LEGISLATURE AND THE COMMUNITY USE DEVELOPMENT FUNDS. SO FUNDS ARE IN PLACE FOR OUR KIDS. MORE FUNDS ARE GOOD THINGS, BUT TO USE THAT TO GET INTO OUR COMMUNITY IS REALLY -- I'M REALLY NOT HAPPY WITH THAT. IF YOU WERE OFFERING THIS AND BRINGING IN A PRODUCT THAT I COULD BE PROUD TO HAVE PEOPLE COME INTO MY NEIGHBORHOOD TO SEE, IT WOULD BE A GOOD THING, BUT, LADIES AND GENTLEMEN, I'M TELLING YOU THE PEOPLE THAT I COMMUNICATED WITH -- AND I'LL LEAVE THIS PACKET FOR YOU. WE HAD A FEW PEOPLE COME TO THE MEETING WHO WANTED TO DO A SMALL SURVEY, SO THEY TOOK FORMS AND THEY GOT A FEW RESIDENTS. I HAVE 71 PEOPLE WHO WERE AGAINST, SIX PEOPLE WHO WERE FOR. WHAT WE NEEDED TO DO WAS WHO WAS FOR IT AND WHO WAS AGAINST IT. THAT WAS MY CONCERN. AGAIN, THANK YOU FOR YOUR SUPPORT. WE HOPE YOU UNDERSTAND WHAT OUR CONCERNS ARE. AND WE HAVE PICTURES OF WHAT WE ACTUALLY SAW.

Mayor Garcia: IF YOU COULD LEAVE THEM WITH COUNCILMEMBER THOMAS, HE'LL PASS THEM DOWN. THANK YOU, MS. HANNAH. YOU HAVE THREE MINUTES OF REBUTTAL.

THANK YOU. JUST A COUPLE QUICK POINTS. FIRST OF ALL, THE STORE ON NORTH LAMAR IS IN A STRIP CENTER. I DO AGREE IT'S AN OLDER STRIP CENTER. IT'S A NICE STORE, I THINK, BUT IT'S SQUEEZED IN THERE. IT WAS ONE -- IT WAS THEIR FIRST STORE IN AUSTIN. AND PARKING ISN'T AS GOOD AS IT COULD BE AND THE STORE IS SMALLER THAN THEY'D LIKE IT TO BE. THE STORE -- WHAT YOU SAW IN THE VIDEO IS -- THAT'S NOT DOCTORED. THAT'S WHAT THESE STORES ARE ABOUT. NOW, I DO NOT QUESTION MS. HANNAH. SHE WENT THERE ON A SUNDAY AFTERNOON. IT HAPPENS TO BE THEIR BUSIEST TIME. SHE DID -- SHE WAS KIND ENOUGH TO SEND ME DOWNLOADED PHOTOS. I BELIEVE THEY'RE PROBABLY THE SAME PHOTOS THAT YOU'RE LOOKING AT, BUT I DON'T KNOW THAT FOR SURE. I MEAN, I COULD WALK THROUGH AN H.E.B. AND FIND A BAG OF ONIONS AND -- I MEAN, YOU FIND SOMEBODY HAD PUT CHICKEN ON THE SHELF WITH THE CAMPBELL'S SOUP AND STUFF. PEOPLE DO THAT. IT'S TOO BAD, BUT IT HAPPENED DURING A BUSY TIME WITH THE STORE. AND I DID TALK TO MR. ROSALES ABOUT IT AND HE SAID HE WILL MAKE AN EFFORT TO MAKE IT CLEANER. BUT I'VE BEEN THROUGH THE STORES AND AND I THINK THEY ARE CLEAN. I ALSO WANT TO SAY THAT SINCE THEY'VE BEEN IN AUSTIN TWO AND A HALF YEARS THEY'VE PASSED EVERY SINGLE HEALTH DEPARTMENT INSPECTION THAT THEY'VE HAD. THEY'VE HAD A RESTAURANT IN THE STORE AND OF COURSE SELLING FRESH MEATS IT'S PRETTY IMPORTANT THAT THEY BE SANITARY. THEY HAVE NOT FAILED A SINGLE HEALTH DEPARTMENT INSPECTION, INCLUDING ALL PRODUCT INSPECTIONS AT EITHER OF THEIR STORES. AND I THINK THESE GUYS HAVE INTEGRITY AND WHAT YOU SAW ON THE VIDEO IS WHAT YOU'RE GOING TO GET. ONE OF THE COMMENTS THAT MS. HANNAH SAID TO ME WAS SHE WAS CONCERNED BECAUSE THE CHICKEN WAS PILED ABOUT A FOOT AND A HALF HIGH ON THE MEAT COUNTER AND SHE THOUGHT THAT COULDN'T BE SANTORY. I ASKED ABOUT IT AND HE SAID I'M SORRY, THAT'S HOW MUCH WE SELL IN TWO HOURS ON A SUNDAY. SO I'LL SAY THIS, THEIR STORE ON RIVERSIDE DRIVE IS IN THE SHADOW OF H.E.B. AND I DON'T KNOW HOW THESE GUYS DO IT, HOW THEY CAN HAVE A SIX THOUSAND SQUARE FOOT GROCERY STORE AND THEY CAN COMPETE WITH H.E.B. NEXT DOOR TO THEM, BUT THEY'RE DOING IT. AND I HAVE CONFIDENCE THAT THEY'RE GOING TO BE AN SOCIAL SECURITY ASSET AND NOT A LIABILITY. AND I ASK FOR YOUR SOART. FOR ON -- I ASK FOR YOUR SUPPORT.

Mayor Garcia: THANK YOU. THIS IS ON SECOND AND THIRD READING, SO I WOULD LIKE TO ASK MR. ROSALES, DO YOU CONTRACT YOUR JANITORIAL SERVICES OR DO YOU DO IT YOURSELF?

JANITORIALS, WE DO IT OURSELVES INSIDE THE STORE.

Mayor Garcia: I SAW THE PICTURES THAT MS. HANNAH GAVE US, AND THERE IS A SACK OF ONIONS, WHICH THAT I'VE SEEN AT THE H.E.B., BUT THEN THERE'S SOME PRODUCE ON THE FLOOR. HOW OFTEN DO YOU INSPECT THE FLOORS TO MAKE SURE THAT THE FLOORS ARE CLEAN AND PEOPLE DON'T SLIP AND FALL ON THEM?

WELL, WE DO IT EVERY HOUR, BUT WE STILL -- WE HAVE A LOT OF PEOPLE -- LIKE MS. HANNAH SAID, WE DO HAVE A LOT OF PEOPLE AND THAT'S WHY THERE'S SO MANY PRODUCE FALLING DOWN BECAUSE PEOPLE START PICKING THE BEST OUT OF THE PRODUCE. WE TRY TO -- WE TRY TO PUT THE BASKETS AS FULL AS POSSIBLE. THAT'S WHAT'S CAUSING THE PRODUCE TO FALL DOWN SO EASILY.

Mayor Garcia: HOW MANY STORES DO YOU HAVE HERE IN AUSTIN NOW?

TWO.

Mayor Garcia: THIS WILL BE YOUR THIRD ONE?

WE HAVE ANOTHER ONE IN SAN MARCOS.

Mayor Garcia: BUT HERE IN AUSTIN, THIS WOULD BE YOUR THIRD ONE?

YES.

Mayor Garcia: AND YOU HAVE ONE IN SAN MARCOS?

YES.

Mayor Garcia: ANYWHERE ELSE?

NO.

Mayor Garcia: QUESTIONS FOR STAFF OR THE APPLICANT?

Wynn: MAYOR? I JUST WANT TO MAKE SURE I UNDERSTAND THE ISSUE HERE. ON FIRST READING THE CONDITIONS THAT COUNCIL PASSED, WHAT WERE THEY? DID THEY IN ANY WAY KEEP MR. ROSALES FROM HAVING HAD THIS MARKET? WHAT DID WE DO ON FIRST READING?

ON FIRST READING YOU APPROVED THE ZONING WHICH WOULD ALLOW THE MARKET. YOU ALSO LIMITED THE VEHICLE TRIPS TO 2,000 TRIPS PER DAY. AND THEN YOU ALSO PROHIBITED SERVICE STATION BECAUSE THE CONCERN THAT WE HAD HEARD FROM THE NEIGHBORHOOD WAS THEY DID NOT WANT A CONVENIENCE STORE. AND WE KNOW TRADITIONALLY WHEN YOU HAVE A CONVENIENCE STORE YOU HAVE GASOLINE PUMPS. IF YOU PROHIBIT A SERVICE STATION WHICH HAS GASOLINE PUMPS, THEN YOU INHERENTLY PRECLUDE A CONVENIENCE STORE TYPE OF A USE AS OPPOSED TO A GROCERY STORE MARKET. THAT'S WHAT YOU APPROVED. AND ALSO YOU PROHIBITED OFFSET ACCESSORY PARKING ON FIRST READING. I THINK THE DIFFERENCE IS THAT THERE WASN'T ANYBODY HERE TO SPEAK IN OPPOSITION TO THE ZONING CASE. WE WERE AWARE OF THE OPPOSITION IN WRITING, BUT NOT -- WE DIDN'T HAVE ANYONE PHYSICALLY HERE.

Wynn: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS?

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: SO IN THIS PARTICULAR CASE, STAFF HAS RECOMMENDED APPROVAL. PLANNING COMMISSION OR THE ZONING AND PLATTING --

YEAH, IT'S THE PLANNING COMMISSION BECAUSE THIS IS PART OF THE SOUTHEAST AREA. AND I JUST WANTED TO COMMENT TO COUNCIL THAT WE'VE MADE THIS RECOMMENDATION OF STAFF AND THE PLANNING COMMISSION BECAUSE WHEN WE KICK OFF OUR NEIGHBORHOOD PLANNING PROCESS, WE SEND A SURVEY TO THE RESIDENTS TO GET A KIND OF FEEL FOR WHAT THEY THINK IS LACKING AS FAR AS SERVICES IN THE COMMUNITY. AND ONE OF THE THINGS YOU WILL SEE, AT LEAST WE RECEIVE BACK FROM THE SURVEY WAS A NEED FOR A GROCERY STORE CLOSE BY. BUT OBVIOUSLY EVEN TODAY, THE CONCERN HERE IS A QUALITY AS OPPOSED TO THE NEED FOR A USE WITHIN THE NEIGHBORHOOD. AND SO WHEN WE GOT THIS REQUEST, WE FELT LIKE IT WAS CONSISTENT WITH THE RESULT OF THE STUFF THAT WE RECEIVED AND SOME OF THE ASPECTS WE SAW IN THE WORKSHOP AS FAR AS MEETING SOME OF THE NEEDS FOR THE COMMUNITY IN THE SHORT-TERM.

Alvarez: SO WHATEVER THE PROPOSAL -- I GUESS THE CURRENT PROPOSAL, IT MEETS THE PARKING REQUIREMENTS THAT WE HAVE?

THEY WOULD HAVE TO COMPLY -- A SITE PLAN IS GOING TO BE REQUIRED AT A FUTURE DATE AFTER ZONING IS IN PLACE AND IT WILL HAVE TO COMPLY WITH ALL THE PARKING REQUIREMENTS. THEY WILL HAVE TO HAVE A SITE PLAN, BUILDING PERMIT AND ALL THAT'S THEREAFTER. SO THIS IS THE FIRST STAGE.

Alvarez: ON THE TRAFFIC IMPACT SIDE --

WE'RE LIMITING TO 2,000 TRIPS A DAY. IF THEY EXCEED THAT, THEY WOULD HAVE TO COME BACK AND INCREASE THE ZONING AND SUBMIT A TRAFFIC IMPACT ANALYSIS. BUT THIS LIMITATION WOULD REQUIRE THE SITE PLAN TO BE TAYLORED. THE BUILDING WOULD HAVE TO BE SMALL ENOUGH TO HAVE ENOUGH PARKING EVEN IF THE LIMITATIONS IS PLACED ON FIRST READING.

Alvarez: AND THEN THIS SAYS LR, NOT CS, SO I ASSUME THERE IS NO ALCOHOL SALES?

THEY CAN HAVE BEER AND WINE JUST LIKE YOU CAN GET IT AT H.E.B. OR ANY OTHER GROCERY STORE WHERE YOU CAN BUY SOME BEER AND WINE. YOUR PREDOMINANT USE HERE IS OF THE FOOD AND NOT THE ALCOHOL SALES.

Alvarez: THANKS.

Mayor Garcia: FURTHER COMMENTS, QUESTIONS?

CAN I ASK A QUESTION ABOUT THE PETITION?

>

Mayor Garcia: MAYOR PRO TEM?

Goodman: WHAT I JUST SAW OR PASSED DOWN WAS WHAT LOOKED LIKE A PETITION. IS THAT A LEGAL, VALID PETITION.

WE DON'T HAVE ONE.

Goodman: CAN WE CHECK THAT ONE?

WE WOULD HAVE TO TAKE IT BACK WITH US TO VERIFY. WE COULDN'T DO IT HERE TODAY. WE HAVE TO CHECK THAT IN FRONT OF THE COUNTY APPRAISAL DISTRICT TO DETERMINE THE VALIDITY. WE WOULD HAVE TO POSTPONE THE CASE IN ORDER TO BE ABLE TO VALIDATE THAT PETITION.

Goodman: OKAY. COULD I ASK THE NEIGHBORHOOD THEN WHETHER IT WAS THEIR INTENTION TO SUBMIT A VALID PETITION WITH THE LIST OF NAMES THAT WE DID HAVE IN OPPOSITION? AND AS LONG AS YOU'RE COMING UP, COULD I ALSO ASK YOU ONE MORE QUESTION, WHICH IS HAD THAT STORE BEEN WHAT YOU THOUGHT IT WAS GOING TO BE OR CONVERSELY HAD YOU SEEN SOME OF THE FOLKS WORKING THERE COMING ALONG WITH MOPS AND BROOMS PERIODICALLY TO CLEAN UP, WOULD YOU HAVE BEEN SUPPORTIVE OR STILL IN OPPOSITION?

THE MAJORITY OF THE NEIGHBORS I'VE SPOKE WITH WERE NOT IN FAVOR OF IT. AND BELIEVE IT OR NOT, AT ONE POINT I THOUGHT I MIGHT PERSONALLY, BUT MY NEIGHBORS -- I DIDN'T THINK I WAS GOING TO BE ELECTED PRESIDENT. BUT NO, THEY WERE NOT IN FAVOR OF IT AT ALL. AND THE PETITION WAS PRIMARILY SO WE COULD KNOW OURSELVES BECAUSE WHAT MR. WHITLIF TOLD ME AFTER THEY DID THE PETITION WHEN THEY BROUGHT THE INFORMATION TO HIM, HE COULDN'T MAKE MUCH SENSE OF IT. SO HE DID THE MAP, COLORING IN THE HOUSES, BUT WHAT OUR CONCERN WAS, YOU ASKED WHO WAS FOR. YOU DID NOT REPRESENT PEOPLE WHO WERE NOT FOR. AND SO WE COULD MAKE SENSE OF IT, WE NEEDED TO KNOW -- WE NEEDED TO ASK OUR NEIGHBORS, IF YOU WANT THE STORE THERE, THAT'S WHAT I NEED TO KNOW. BUT THE ONES WE SPOKE WITH DID NOT. I MEAN, WE GOT CALLS FROM PEOPLE. WE SENT OUT 300 300 FLYERS, AND I'M TELLING YOU, SIX PEOPLE, ONE CAME TO A MEETING WHO WAS FOR THE REZONING FOR THIS STORE, ONE RESIDENT. WE HAD FOUR MEETINGS AND ONLY ONE RESIDENT FOR THE ZONING CHANGE. THAT'S WHY I HAD SO MANY, SO WE COULD MAKE SURE. IF PEOPLE WANTED IT, THAT'S WHAT WE NEEDED TO KNOW. IF THEY DID NOT WANT IT, I NEEDED TO KNOW THAT TOO. SO WE WERE JUST TRYING TO FIND OUT FOR OURSELVES REALLY WHAT THE PEOPLE WANTED.

Slusher: LET ME FOLLOW UP ON THAT, MA'AM. SO AS FAR AS THE GROCERY STORE BEING AT THIS PARTICULAR SITE, DO YOU OBJECT TO THAT OR IS IT JUST THAT AFTER YOU WENT TO THIS PARTICULAR GROCERY STORE, YOU HAVE A PROBLEM WITH IT?

WELL, BOTH. THE NEIGHBORS FEEL THAT ANOTHER STORE -- AND IT'S WHAT THEY'RE TELLING ME, ANOTHER STORE OF ANY KIND RIGHT THERE ISN'T NEEDED. NOW, WHETHER THEY WANTED IT OR NOT, THEY DIDN'T INDICATE THAT TO ME. THEY STATED TO ME WE DON'T NEED ANOTHER STORE. WE HAVE EIGHT PLACES -- WELL, NINE IF YOU COUNT SAM'S -- WHERE WE CAN BUY PHONE CARDS, LOTTERY, BEER, WINE, SOME LIMITED PRODUCE. GRANTED, THEY HAVE A BIGGER MEAT DEPARTMENT, BUT FRANKLY, I'M NOT BUYING ANY MEAT THERE. I DON'T CARE WHAT THE HEALTH DEPARTMENT SAYS, I SAW THE STORE AND THAT WAS TWO SEPARATE OCCASIONS. THAT WASN'T JUST ONE DAY. WE WENT TWICE. AND IT WAS THE SAME THING. THE SECOND TIME IS THE PICTURES.

Slusher: OKAY. THANK YOU.

Mayor Garcia: LET ME ASK YOU A QUESTION, MS. GLASGO. CAN WE DO A SURPRISE VISIT TO THE STORES? CAN OUR HEALTH DEPARTMENT DO THAT?

I WOULD ASSUME SO. I WOULD HAVE TO CHECK WITH THE HEALTH DEPARTMENT.

Mayor Garcia: I THINK WE NEED TO DO THAT AND HAVE THEM REPORT TO US NEXT WEEK. LET'S POSTPONE THIS ITEM. IN THE MEANTIME, IF THEY WANT TO GET A VALID PETITION, THEY CAN GET THAT.

CERTAINLY. WE HAVE THE NAMES AND WE CAN CERTAINLY GO AHEAD AND VALIDATE THAT AND COME BACK NEXT WEEK AND GET THE HEALTH DEPARTMENT TO VISIT THE SITE.

Mayor Garcia: I'LL ENTERTAIN A MOTION TO POSTPONE FOR ONE WEEK TO DO THE HEALTH DEPARTMENT INSPECTION.

Thomas: SECOND.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS. IS THERE A SECOND?

Thomas: I'LL MOTION IT THEN, SORRY.

Mayor Garcia: YOU MADE THE MOTION AND COUNCILMEMBER ALVAREZ SECONDED IT. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE, WITH COUNCILMEMBER DUNKERLEY TEMPORARILY OFF THE DIAS. DO YOU UNDERSTAND WHAT WE DID?

[ INAUDIBLE ]

Mayor Garcia: WE PROBABLY WILL NOT HAVE PUBLIC HEARINGS. WHAT WE WILL HAVE IS WE WILL HAVE THE HEALTH DEPARTMENT REPORT TO US. AND IF YOU HAVE A VALID PETITION FORM, YOU SUBMIT IT TO MS. GLASGO.

ALL RIGHT. WE'LL DO IT. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. SO ITEM 25 IS POSTPONED UNTIL NEXT WEEK. ITEM NUMBER 36, COUNCILMEMBER WYNN.

Wynn: THANK YOU, MAYOR. THIS IS THE FIRST PART OF OUR NEW CITY HALL PROJECT. THIS IS A CHANGE ORDER, I BELIEVE. AND MY QUESTION MONDAY WASN'T SORT OF FULLY ANSWERED, SO I NEED TO, IF I CAN, HAVE STAFF JUST WALK US THROUGH ESSENTIALLY THE BUDGET AND WHERE WE ARE ON THIS ASPECT OF THE BUILDING PLANS, AND WITH PARTICULAR ATTENTION PAID TO JUST A CONTINGENCY AND THE FACT THAT WE HAVE HAD A COUPLE OF UNANTICIPATED, BUT INEVITABLE CHANGE ORDERS AND ISSUES ON THE FIRST PART OF THE STRUCTURE. I JUST WANT TO MAKE SURE I UNDERSTAND WHERE WE ARE IN WITH REGARDS TO A BUDGET CONTINGENCY.

YES, SIR. JAN HELLTON WITH CHECK GROWTH AND REDEVELOPMENT SERVICES OFFICE, PART OF THE CITY HALL TEAM. WE HAD PROVIDED INFORMATION THAT SHOWED YOU SORT OF THE FUNDING SOURCES, THE AMOUNT WE'RE WORKING WITH ON THE PROJECT. IT IS A 48-MILLION-DOLLAR PROJECT. WHAT YOU HAVE BEFORE YOU TODAY WE ACTUALLY -- AND I'VE CHARACTERIZED THE EXPENSES WHERE WE FIRST HAVE AN AMOUNT THAT WE'VE ALLOCATED FOR ARCHITECTURAL, ENGINEERING, PROJECT MANAGEMENT, THOSE KIND OF OTHER COSTS BEFORE YOU GET INTO CONSTRUCTION, THE DESIGN AND SO FORTH. AND THEN WE EXCAVATED THE SITE FOR THE PARKING GARAGE THAT WAS A SEPARATE PACKAGE. WE HAVE THIS PACKAGE, WHICH IS THE PARKING GARAGE CONSTRUCTION. WE THEN WILL HAVE A THIRD PACKAGE, WHICH THEN FINISHES THE GARAGE, DOES THE BUILDING AND THE PUBLIC PLAZA. SO LET ME START OUT OF THAT 48 MILLION, WE THEN ROUGHLY ALMOST SEVEN MILLION, 6.8, WE'VE ALLOCATED FOR THE SIGN AND THOSE OTHER COSTS OF PROJECT MANAGEMENT.

I'M SORRY. AND WHERE ARE WE IN REGARDS TO THAT BUDGETED ALLOCATION?

WE HAVE, AS YOU KNOW, THE ARCHITECTURAL AND THE ENGINEERING CONTRACT HAS BEEN AWARDED SO THE FUNDS ARE ENCUMBERED. SO WE'VE AWARDED THAT. ARTS IN PUBLIC PLACES IS WORKING ALONG. WE HAVE MONEY ALLOCATED FOR THAT. WE ESSENTIALLY HAVE ABOUT ALL OF THAT 6.8 ENCUMBERED OUTSIDE OF ABOUT 200,000. BUT WE'RE HOLDING THAT FOR THOSE COSTS FOR EXPECTED TESTING COSTS. WE WILL TEST THE CONSTRUCTION AND SO FORTH. SO IN SOME CASES WE HAVE THE CONTRACTS ALREADY IN PLACE, AND THAT MONEY IS ALREADY HELD FOR THOSE PAYMENTS TO BE MADE. IN OTHER CASES WE'VE ALLOCATED THE MONEY IN THAT CATEGORY AND WE'RE HOLDING IT THERE FOR FUTURE COSTS. THE PARKING GARAGE EXCAVATION OF 3 MILLION, THAT'S ALREADY BEEN PAID OUT. THAT'S APPROVED. SO THAT CONTRACT HAS CONCLUDED. TODAY YOU HAVE WHAT WOULD BE A TOTAL CONSTRUCTION CONTRACT OF 6.3 MILLION FOR THE PARKING GARAGE CONSTRUCTION. WE HAVE HANDLED THAT WITHIN OUR PROJECT BUDGET. WE EXPECTED SOME OF THE CHANGE ORDER COSTS WHEN WE FIRST SET THAT BUDGET FOR THE PARKING GARAGE CONSTRUCTIONS; HOWEVER, IN ORDER TO FULLY PAY FOR TODAY'S ACTION, WE HAVE TAKEN SOME FUNDING FROM THE PROJECT CONTINGENCY. THAT LEAVES US WITH ALMOST 31 MILLION AS A BUDGET FOR CONSTRUCTION OF NEW CITY HALL. WITHIN THAT 31 MILLION RIGHT NOW, WE HAVE ABOUT 5.3 MILLION -- 1.3 MILLION OF A DESIGN CONTINGENCY. AND WHAT THAT MEANS IS THAT'S OUR RESERVE AT THE MOMENT AS WE CONCLUDE DESIGN. WE'RE AT 90% CONSTRUCTION DOCUMENTS. WE FEEL LIKE WE'VE TAKEN INTO CONSIDERATION ALL THE COSTS. WE'VE GONE THROUGH SEVERAL VALUE ENGINEERING EXERCISES, COST ESTIMATING EXERCISES TO IDENTIFY AND MAKE SURE WE HAVE PRICED WHAT WE THINK THE CONSTRUCTION WILL BE. SO ON TOP OF WHAT WE THINK IS THE COSTS, WE STILL HAVE 1.3 MILLION TO WORK WITH. AS THOSE PLANS GET MORE DEFINITIVE AND THE COSTS MAYBE GET A LITTLE MORE DEFINITIVE. AND THEN ON TOP OF THAT, WE ALMOST HAVE -- WE HAVE 850, ALMOST 900,000 OF A PROJECT CONTINGENCY, WHICH AT THE MOMENT HAS NOTHING ASSIGNED TO IT EXCEPT AS A CONTINGENCY FOR THE PROJECT AS A WHOLE. WHEN WE GO FOR -- GO OUT FOR PROCUREMENTS OF CITY HALL, WE WILL LOOK AT SENDING OUT A PACKAGE THAT WILL BACK DOWN SOME FROM THAT 31 MILLION IN TERMS OF ADD ALTERNATES SO THAT WE CAN THEN AFTER THE COSTS ARE THERE, ARE WE ABLE TO ADD THESE THINGS THAT WE CURRENTLY WOULD LIKE TO HAVE IN THE DESIGN, BUT FEEL LIKE WE COULD LEAVE THEM OUT UNTIL WE SEE WHAT THE COSTS ARE AS THEY COME IN. SO ESSENTIALLY WE'RE STILL -- WE FEEL COMFORTABLE WITH OUR BUDGET. WE WILL KNOW MORE ONCE THE DOCUMENTS ARE COMPLETED. WE'LL SEE WHAT'S LEFT OF THAT DESIGN CONTINGENCY AS WELL AS THE FURTHER TEST WILL BE WHEN WE GET THE COSTS IN THROUGH THE PURCHASING PROCESS FOR THE CONSTRUCTION CONTRACT.

Wynn: OKAY. SO EVEN THOUGH WE HAVE APPROXIMATELY $2.2 MILLION BUILT IN AS A CONTINGENCY GOING FORWARD, WHY IS IT THAT AS PART OF THIS CHANGE ORDER WE ARE PAYING FOR IT APPARENTLY THROUGH THE AMENDED CAPITAL BUDGET OF PUBLIC WORKS? WHY DON'T WE SHOW THIS 300,000-DOLLAR CHANGE ORDER COMING FROM THAT 2.2-MILLION-DOLLAR CONTINGENCY?

IT'S ACTUALLY -- IT IS PART OF THIS CONSTRUCTION BUDGET. THE MONEY THAT'S BEING SHOWN, THAT 40 MILLION ACCOUNT, IS THAT FIRST GENERAL GOVERNMENT CIP OF THE 48 MILLION. SO WE HAVE IT AS PART OF -- IN SETTING WHAT BUDGET WE WILL USE FOR THE CONSTRUCTION CONTRACT, WE'VE ALLOCATED THAT 6.3 BEFORE WE'VE MOVED TO THE BUDGET FOR THE NEXT CONTRACT. WE WOULD LIKE TO GO INTO THE PROJECT OR STAY RIGHT NOW WITH THE 900,000-DOLLAR CONTINGENCY. SO I GUESS OUR OPTION COULD BE WE COULD -- WE COULD LOWER THE AMOUNT SHOWING FOR THE PARKING GARAGE -- I GUESS ESSENTIALLY IT'S NOT GOING TO CHANGE THIS FORMAT OF HOW WE'VE LOOKED AT ALLOCATING AMOUNTS TO EACH OF THE DIFFERENT PACKAGES OF CONSTRUCTION. I KNOW I'M NOT ANSWERING YOUR QUESTION.

Wynn: MY CONCERN, MR. RIEK, WAS SINCE WE'RE NOT SHOWING THIS CHANGE ORDER COMING OUT OF A CONTINGENCY FOR THE PROJECT, WE'RE SORT OF ESSENTIALLY IN THE FUTURE HIDING THE TOTAL COST OF IN OUR PROJECT MANAGEMENT WORK ON THIS PROJECT.

COUNCILMEMBER, I THINK THAT IS AN ERROR IN THE DOCUMENTS BETWEEN THE DOCUMENTS ITSELF AND THE PHYSICAL NOTE. I THINK IT SHOULD HAVE READ RESPONSIBLE AND THE RCA AMENDED ITS CAPITAL BUDGET, AMENDED CAPITAL BUDGET PERIOD, NOT OF THE PUBLIC WORKS DEPARTMENT. I THINK THAT MAY HAVE JUST BEEN IN THERE AND IT'S INCORRECT.

ACTUALLY, I UNDERSTAND THE QUESTION. THE TOTAL CHANGE ORDERS FOR THIS ARE 585,000. SO --

PROJECT TO DATE?

FOR THIS CONTRACT.

Wynn: OKAY.

FOR THIS CONTRACT. AND SO OF THE 585, WE HAD ASSUMED WHEN WE FINISHED THIS PACKAGE WE WOULD HAVE UP TO 350,000 OF CHANGE ORDERS. SO FROM THE GIT-GO OF ASSIGNING WHAT WENT INTO THIS PROJECT, SORT OF ASSIGNING CONSTRUCTION BUDGETS FOR THESE PACKAGES, AND SO WE EXPECTED WE COULD HAVE UPWARDS OF 350. THE NEXT -- -- SO THEN WHAT RMDZ, WE THEN ACCOUNT FOR THE 150 MOORE OF THAT, TAKING UP TO HALF A MILLION. WE REDUCED THE DESIGN CONTINGENCY BY THAT 150,000. THE NEXT 85,000 WE CHOSE TO TAKE FROM THE PROJECT'S CONTINGENCY, SO YOU'RE SEEING A VALUE OF THE PROJECT'S CONTINGENCY WHERE WE'VE ALREADY TAKEN OUT THE 85,000. WE'VE REDUCED THE DESIGN. SO WE ESSENTIALLY HAVE DONE SOME OF WHAT YOU WERE TALKING ABOUT, NOT THE FULL 585, BUT JUST 235. BECAUSE WE ACCOUNTED FOR SOME -- WE EXPECTED SOME CHANGE ORDERS WOULD COME THROUGH BECAUSE OF THE WAY WE WERE STILL -- WE WERE BUILDING THE GARAGE AS WE CONTINUED TO DESIGN THE BUILDING. SO WE KNEW THERE WOULD BE SOME CHANGES RESULTING FROM FINISHING THAT DESIGNING WORK.

Wynn: RIGHT. SO OVERALL I'M VERY GLAD TO SEE THAT WE STILL HAVE A VERY SIGNIFICANT SEVEN-FIGURE CONTINGENCY FOR THE OVERALL PROJECT. MY OPINION IS SINCE IT'S SUCH A HIGH PROFILE PROJECT AND TEAM WE'RE HAVING A TOPPING OUT LUNCH, A TOPPING OUT --

OF THE PARKING GARAGE STRUCTURE.

Wynn: SHORTEST TOPPING OUT EVER. THAT PERHAPS AS PART OF THAT WE PROBABLY SHOULD DO A BETTER JOB THROUGH OUR PIO OR SOMEBODY OF JUST AS WE HIT THESE THRESHOLDS IN THAT CONSTRUCTION, THAT IS, THE TOPPING OUT OF THE UNDERGROUND SEGMENT, PERHAPS THE AWARDING OF WHATEVER THE NEXT CONTRACT MIGHT BE, THAT WE RELEASE A GOOD ITEMIZED, EASY TO READ, YOU KNOW, BUDGET, ACTUAL TO DATE SORT OF ANALYSIS SO FOLKS CAN SEE THAT IN FACT IT'S MOVING ALONG ON TIME. IF WE'RE NOT ON BUDGET, WE'RE CERTAINLY WITHIN THE CONTINGENCY WHEN WE HAVE THESE UNFORESEEN, INADVERTENT CHANGE ORDERS. BUT I JUST THINK WE NEED TO DO A BETTER JOB OF MAKING SURE THE PUBLIC IS AWARE OF HOW WELL THE PROJECT IS GOING.

OKAY. WE'LL WORK ON THAT, THANK YOU.

Wynn: MAYOR, WITH THAT I'LL MOVE APPROVAL OF ITEM NUMBER 36.

Mayor Garcia: SORRY.

Wynn: I MOVE APPROVAL OF 36.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN. SECONDED BY -- SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SIX -- SEVEN TO ZERO. THAT'S ITEM NUMBER 36. AND AT THIS TIME I'M GOING TO RECESS THE MEETING TO GO INTO OUR TIME CERTAIN ITEM. WE ONLY HAVE ONE MORE ITEM TO TALK ABOUT THAT IS NOT PART OF THE PUBLIC HEARINGS. WE WILL TAKE THAT UP AFTER COUNCIL RECONVENES. WE'RE GOING TO HAVE MUSIC. DO WE HAVE OUR MUSIC PEOPLE TODAY? OKAY. WE HAVE THE MUSIC PEOPLE. TODAY WE HAVE PROCLAMATIONS AND THE COUNCIL WILL TAKE A LITTLE BREAK FOR DINNER AND WE SHOULD BE BACK HERE BY ABOUT 6:30 FOR OUR 6:00 O'CLOCK TIME CERTAIN PUBLIC HEARINGS WANT AND THEN WE'LL TAKE UP THE OTHER ISSUES ON THE GREATER AUSTIN CHAMBER OF COMMERCE PROJECT. WE'RE IN RECESS. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] -- AND FOR THOSE OF YOU IN THE VIDEO EQUIPMENT WHO ARE NOT IN -- WE'RE NOT IN RECESS FOR EXECUTIVE SESSION, WE'RE JUST IN RECESS. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] (5:36)

Mayor Garcia: HOW ARE YOU? I SEE A LOT OF FACES HERE THAT I DON'T SEE AT OTHER COUNCIL MEETINGS, I'M GOING TO TELL YOU AT THIS TIME ON THURSDAY WHEN WE HAVE MEETINGS, WE BRING LOCAL MUSICIANS OR VISITING MUSICIANS, EITHER ONE, USUALLY LOCAL MUSICIANS TO BRING US SOME MUSIC SO WE CAN -- WE CAN TAME THE BEAST INSIDE OF US, SO TO SPEAK. THAT'S WHAT THEY SAY ANYWAY, TODAY WE HAVE DEL CASTILLO. [ APPLAUSE ]

DEL CASTILLO BEGAN AS A LATIN FLAMENCO SPIEL PROJECT BETWEEN TWO BROTHERS RICK AND MARK CASTILLO. BOTH HAVE BEEN PLAYING GUITARS AND WORKING ON SEPARATE PROJECTS BUT NEVER WORKED TOGETHER. ALEX RUIZ SOON JOINED THEM AND BEGAN WRITING LYRICS TO CREATE VIBRANT ENERGETIC SONGS, ANOTHER FRIEND, MIKE, THEN LAID DOWN SOME INCREDIBLE DRUM TRACKS AND THE PROJECT BEGAN TO EVOLVE INTO A BAND. THE GROUP THEN ASKED ALBERTO ESTEDO, JUNIOR, WHO IS -- OKAY. SO YOU HAVE ONE OF THOSE IN YOUR FAMILY, TOO, HUH? [ LAUGHTER ] TO -- TO PLAY BASS AND SOON AFTER RICK HOHMAN JOINED ON PERCUSSION TO COMPLETE THE BAND SOUND. I WAS WONDERING WHY YOU WERE HERE, ALBERT. AS A WHOLE, THEY BEGAN WRITING MATERIAL, FUSING MANY TILES AND INFLUENCES ALL THE WHILE RETAINING A LATIN ELEMENT. THE BAND HAS BECOME A FAMILY OF MUSICIANS AND DEL CASTILLO'S SIGNATURE SOUND HAS BEEN IGNITING FANS ALL OVER TEXAS AND SPREADING ACROSS THE CONTINENT. SO IT IS WITH A GREAT DEAL OF PLEASURE THAT I INTRODUCE TO YOU TODAY DEL CASTILLO. [ APPLAUSE ] [ (music) MUSIC PLAYING (music)(music) ]

MayorDELCASTILLO, EXPLAIN WHY WHERE YOU ARE GOING TO PLAY NEXT, ET CETERA, IN OTHER WORDS IT'S PROMO TIME FOR DEL CASTILLO.

ACTUALLY, MAYOR GARCIA, MEMBERS OF THE CITY COUNCIL AND CITIZENS OF AUSTIN, ON BEHALF OF THE BAND, WE ARE PLIFLED TO HAVE THIS -- PRIVILEGED TO HAVE THIS HONOR OF DEL CASTILLO DAY COME UPON US. WE SALUTE THE CITY'S EFFORT TO PROMOTE LIFE MUSIC, WE URGE YOU TO CONTINUE TO DO SO IN ORDER TO MAINTAIN AUSTIN'S STATUS AT THE LIVE MUSIC CAPITAL OF THE WORLD.

Mayor Garcia: I HAVE SUPPOSED TO SAY THAT.

AND ALSO THIS EVENING, THE 22ND OF AUGUST WE WILL BE AT STEAMBOAT IN SOUTH AUSTIN. ALSO THIS SUNDAY THE 25TH WILL BE AT THE AUSTIN CHRONICLE'S HOT SAUCE FESTIVAL AT WATERLOO PARK FROM 12:30 TO 2:30. AND IF YOU WANT MORE INFORMATION ON THE BAND, YOU COULD ALWAYS VISIT THE WEBSITE AT DELCASTILLOMUSIC.COM.

Mayor Garcia: THANK YOU VERY MUCH. WE ARE GOING TO PRESENT YOU WITH A PROCLAMATION THAT READS AS FOLLOWS: BE IT KNOWN THAT WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARD THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY, AND WHEREAS THE DEINDICATED EFFORTS OF ARREST CYSTS FURTHER -- ARTISTS FURTHER AUSTIN'S STATUS AT THE LIVE MUSICAL CAPITAL OF THE WORLD, I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE PROPER BUY CLAIM AUGUST THE 22ND AS DEL CASTILLO DAY IN AUSTIN, TEXAS. I WANT TO SAY THAT SOME OF THE MEMBERS OF THIS BAND COME FROM VERY, VERY PRESTIGIOUS LINEAGE. THE FELLA THAT WE TALKED ABOUT, ALBERTO, HIS FATHER WAS PRESIDENT OF -- OF SOUTHMOST? TEXAS SOUTHMOST IN BROWNSVILLE. HIS MOTHER, WHO IS SITTING HERE, IN FRONT, WAS PRESIDENT OF THE TEXAS SOCIETY -- TEXAS STATE TEACHERS ASSOCIATION. TSTA. LET'S GIVE THEM A BIG HAND, TOO. [ APPLAUSE ] THOSE TWO FELLOWS THAT DON'T HAVE HATS AND HAVE LONG HAIR AND GOATEE, THOSE ARE NEPHEWS OF A VERY FAMOUS TEXAS ANTHROPOLOGIST AND ENGLISH PROFESSOR AT THE UNIVERSITY OF TEXAS, DR. MERCO PEREDES, ABOUT A VERY FAMOUS -- A VERY FAMOUS BOOK. GOOD TO HAVE YOU HERE, WHO IS GOING TO RECEIVE THE PROCLAMATION? [ APPLAUSE ]

Mayor Garcia: ANY TIME -- YOU ARE GOING TO GO THAT WAY?

YEAH. IF YOU WILL GIVE ME YOUR ATTENTION FOR JUST A MINUTE. HELLO. I THINK MOST OF THE NOISE IS COMING FROM COUNCILMEMBERS, SO I HAD BETTER WAIT. DO YOU WANT TO EXPLAIN, A LITTLE BIT, JESUS ABOUT THE SITUATION? AND I'LL MAKE THE PRESENTATION.

OKAY. MAYOR, MEMBERS OF THE COUNCIL AND OUR DISTINGUISHED AUDIENCE, WES EDWARDS PROVIDED SOME VERY VALUABLE ASSISTANCE TO A -- TO A CITIZEN OF AUSTIN AT PALM PARK WHEN THIS INDIVIDUAL WAS HAVING SOME LIFE THREATENING MOMENTS AT THE TIME. AND OUR -- OUR -- WES EDWARDS AND ANOTHER INDIVIDUAL THAT WAS WITH HIM ARE LIFE GUARD AT THE SWIMMING POOL AT PALM PARK. THEY ARE BEING CREDITED WITH THE GREAT HONOR OF SAVING THE INDIVIDUAL'S LIFE WITH THEIR EFFORTS AND THE KNOWLEDGE THAT THEY WERE ABLE TO OBTAIN THROUGH THE TRAINING THAT THEY RECEIVE AS A CITY OF AUSTIN LIFE GUARD. SO THIS IS THE RECOGNITION THAT IS BEING BESTOWED ON MR. EDWARDS TODAY, MAYOR.

Mayor Garcia: ALL RIGHT. JUST A MINUTE, MR. EDWARDS, COME ON OVER HERE. THIS IS THE CITY OF AUSTIN DISTINGUISHED SERVICE AWARD. IT READS AS FOLLOWS: FOR HIS QUICK RESPONSE TO A REQUEST FOR ASSISTANCE FOR A GENTLEMAN HAVING A SEIZURE AND FOR ASSISTING HIM UNTIL THE EMS ARRIVED, WES EDWARD, LIFE GUARD AT PALM PARK POOL IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION AND THIS CERTIFICATE IS PRESENTED IN ACKNOWLEDGMENT AND APPRECIATION OF HIS EFFORTS ABOVE AND BEYOND THE CALL OF DUTY THAT RESULTED IN SAVING THE MAN'S LIFE, PRESENTED THIS 20TH DAY OF AUGUST, IN THE YEAR 2002, THE CITY OF AUSTIN, SIGNED BY ME, WES, YOU MAY WANT TO SAY A FEW WORDS.

SURE. [ APPLAUSE ]

THANK YOU. I WOULD LAKE TO THANK THE MAYOR FIRST OF ALL AND ALL OF THE MEMBERS OF THE COUNCIL OF THE I WOULD ALSO LIKE TO THANK EVERYONE AT THE AQUATICS DEPARTMENT AND FIRST AND FOREMOST I WOULD LIKE TO THANK EVERTON FOR COMING AND GETTING US SO THAT WE WOULD HAVE THE ABILITY TO RESPOND TO THIS PERSON. [ APPLAUSE ]

WES WAS ASSISTED BY DUSTIN FRANKS AND MR. FRANKS, I THINK, IS NOW OUT OF THE CITY. HE'S OUT OF TOWN. SO LET'S GIVE HIM A BIG HAND, HE ALSO IS GETTING -- [ APPLAUSE ] MAYOR PRO TEM GOODMAN, YOU'RE ON. LET'S DO THE BARTON SPRINGS LIFE GUARDS AND THEN WE WILL GO TO -- TO THE NATIONAL GUARD HEALTH CENTER WEEKEND DISTINGUISHED SERVICE AWARD. WE HAVE A LOT OF YOUNG PEOPLE HERE.

Goodman: WELL, BECAUSE A GREAT DEAL OF WHAT AUSTIN IS HAS TO DO WITH OUR SWIMMING HOLES AND SOME OF OUR HEROES, OF COURSE, COME FROM TAKING CARE OF THOSE OF US WHO USE THOSE SWIMMING FACILITIES, THERE'S ANOTHER ASSET IN AUSTIN THAT WE TALK ABOUT A WHOLE LOT AND IT WOULD NOT BE A SPECIAL PLACE IF WE DIDN'T HAVE ALL OF THESE FOLKS WHO ARE SITTING HERE RIGHT NOW. SOME OF THE MOST PROMINENT PEOPLE IN AUSTIN TODAY AND IN THE PAST WERE IN THEIR YOUTH LIFE GUARDS AT BARTON SPRINGS POOL. AND SO, OF COURSE, WE EXPECT GREAT THINGS OF YOU TO GROW UP AND BE PRESIDENTS AND THINGS LIKE THAT. BECAUSE I THINK THAT BEING A LIFE GUARD MUST BE ONE OF THE MOST DIFFICULT AND STRESSFUL JOBS THERE ARE. WE HAVE VISIONS OF YOU SITTING AROUND GETTING SOME SUN IN THOSE HIGH CHAIRS, BUT IT'S REALLY SO MUCH MORE THAN THAT, WE TRUST YOU WITH OUR LIVES WHEN WE GO TO THE POOL. SO IN THAT CONTEXT, WE ARE NOT GOING TO READ EACH ONE OF THESE, THEY ALL SAY THE SAME THING, JUST THE NAME IS DIFFERENT. BUT I WOULD LAKE TO CALL UP CHRIS WILLIAMS, IF I COULD, TO -- TO SORT OF BE REPRESENTATIVE OF ACCEPTING FOR YOU AND PERHAPS SPEAKING FOR YOU IF HE FEELS LIKE IT. BUT AFTERWARDS, TOO, I WOULD LIKE TO ASK YOU ALL -- THANKS, ROBERT. I WOULD LIKE TO ASK YOU ALL TO -- TO GO UP THERE SO THAT OUR CAMERAS CAN GET A SHOT OF EVERYBODY TOGETHER. I THINK THE POOLS WOULD LIKE TO HAVE THAT PHOTO AND I WOULDN'T MIND HAVING ONE, TOO. AND I THINK THAT WES SHOULD ALSO JOIN US IN BEING A STELLAR EXAMPLE OF WHY WE CAN CALL OURSELVES SUCH A VERY SPECIAL CITY. THESE CERTIFICATES OF APPRECIATION ARE FOR THEIR EXTRA EFFORT FOLLOWING THE FLOODING AT BARTON SPRINGS EARLIER THIS SUMMER TO CLEAN UP THE POOL AND REOPEN IT FOR ALL AUSTINITES TO ENJOY. THE BARTON SPRINGS LIFE GUARDS ARE DESERVING THE ENTIRE CITY'S THANKS AND RECOGNITION. WE ARE PLEASED TO HONOR YOU FOR THAT AND ALL THE REST THAT YOU DO. FOR GOING ABOVE AND BEYOND THE CALL OF DUTY ON BEHALF OF OUR CITIZENS AND ONE OF OUR CITY'S TREASURES. THIS CERTIFICATE IS PRESENTED WITH OUR APPRECIATION THIS 22ND DAY OF AUGUST IN THE YEAR 2002, BY THE CITY COUNCIL OF AUSTIN, TEXAS. IT IS SIGNED AND SEALED BY MAYOR GUSTAVOL. GARCIA AND THE REST OF THE COUNCIL IS LISTED THERE AS WELL. BUT REALLY IT SHOULD BE FROM THE COMMUNITY AND THE CITY. YOU HAVE OUR DEEPEST THANKS. [ APPLAUSE ]

THANK YOU. I WOULD LIKE TO ACCEPT THIS PROCLAMATION ON BEHALF OF ALL OF THE LIFE GUARDS AT BARTON SPRINGS AND CASHIERS, MOST OF WHOM ARE HERE TODAY. EVERYBODY WHO SIGNED ON TO BE A LIFE GUARD AND FOUND THEMSELVES WEARING WORK BOOTS OR CASHIERS WHO EXPECTED TO PUSH BUTTONS AND INSTEAD PUSHED PUSH BROOM. I WOULD LIKE TO THANK THE COUNCIL FOR RECOGNIZING US. IT'S VERY HUMBLING, VERY HONORING THAT THEY RECOGNIZE OUR EFFORTS. I WOULD ALSO LIKE TO MENTION THAT -- THAT WE REALLY DO THANK JESUS OLIVERES AND THE PARKS BOARD FOR RECOGNIZING US TWO WEEKS AGO THEY SUPPLIED US WITH A FEAST OF BARBECUE AND PIZZA, WHICH WAS RATHER GOOD. ALSO, WE SHOULD ALWAYS MENTION THE SWIMMERS AT BARTON SPRINGS, FOR WHOM WE ARE WORKING, ESPECIALLY THOSE WHO SIGNED THEIR OWN CERTIFICATE OF APPRECIATION TO US. THEY HANDED THAT TO US ABOUT A WEEK AFTER THE FLOOD, AFTER WE REOPENED AFTER THE FLOOD. WE WOULD LIKE TO THANK ALL OF THEM FOR THANKING US, EVERYONE WHO CALLED, EVERYONE WHO CAME BY. BUT AGAIN THANKS TO EVERYBODY FOR SUPPORTING US. [ APPLAUSE ]

Goodman: OKAY. WHY DON'T I CALL OUT THE NAMES AND -- AND IF YOU ARE HERE, COME GET IT. AND THEN IF YOU WOULD COME AROUND TO THE -- THE MAYOR I'M SURE WOULD LOVE TO HAVE HIS PICTURE TAKEN WITH YOU, TOO. TREY BACHMAN. WILLIAM BARNES. TODD BARNETT. CHRIS BEAN. I'M SURE THEY ARE OUT DOING IMPORTANT THINGS. ASHLEY BECK. GOOD, ASHLEY. ANDREA -- ANDREA BELINO. CARIS BROWN. COREN BUCHANAN. CAMERON CASH. GREAT NAME. [ LAUGHTER ] AND I'M NOT SURE, IT DUSTIN -- I'M NOT TOTALLY SURE OF THE --

DAVIS.

DAVIS. THOSE FANCY V'S. JOHN -- DO YOU WANT TO READ THESE?

SURE.

YOU KNOW THESE GUYS IT WOULD BE BETTER.

I WOULD BE HAPPY TO. THAT PERSON DOESN'T WORK HERE. [ LAUGHTER ] SHE DOESN'T EITHER. NUWAL EL HARIM. JAMES PHELAN. BOBBIE GARCIA. ASHLEY GLOR. I KNOW THAT YOU ARE HERE. JONATHAN HERRERA. LAURIE HOFFMAN. GABE HUCKABA. HOPE I SAID THAT RIGHT. STEPHANIE JAZENSKI. SKYLER JOHNSON. SAM KIER. JO-ELLE CLIST. HE DOESN'T WORK HERE. WITH US. SAM LANE. STEVEN LAW. JOSEFIA LEHEY. CARA MOORE. JACKSON MACINTOSH. TONY PONTIGO. DANIEL -- DANIEL QUERRA SOMETHING. HE'S NOT HERE. [ LAUGHTER ] BENJAMIN RATTA. TYLER RUSEN. JACKSON SOLING. RACHEL SARCHET. HEATHER SCOGIN. PAUL SLUTES. [ APPLAUSE ] OUR SUPERVISOR. [ APPLAUSE ] LUKE STRABELAH. [ APPLAUSE ] FROM ROY TAYLOR. -- RESIDE TAYLOR. SURE. ERICA TEET. LES LATONNISON. NOT HERE. ERIN TUCKER. JANELLE YUROFF. REBECCA NICOLE VEGA. SARAH WISEBERG. BONHAM WHITE. MYSELF. CHRIS WILLIAMS. MATT WISE. CHASE YARBOROUGH. AND STEVEN YOUNG. WE SHOULD WILL MENTION TOM NELSON, THE -- ONE OF THE PROGRAM COORDINATORS. HE'S DIRECTLY OVER BARTON SPRINGS, PEDRO PATLIN AND JOHN VILLA NUEVO NUEVA AND SCOTT LACKEY ALL WORK AT BARTON SPRINGS. NICOLE MARTINEZ, I'M SORRY, DRAWING A BLANK, WHAT'S HER NAME? KATHY. MINCROFT, SORRY. [ LAUGHTER ] AND [INAUDIBLE] OVER HERE ALL WORK AT BARTON SPRINGS. FARHAD IS THE AQUATIC DIRECTOR, HE'S NOT PRESENT TODAY. [ APPLAUSE ]

Goodman: ALL OF YOU OUT THERE, PLEASE COME UP, WES, YOU, TOO, EVERYBODY. COUNCILMEMBER DUNKERLY, DID YOU WANTS TO SAY SOMETHING? YOU SHOULD BE IN THE PICTURE ANYWAY.

Dunkerly: JUST HOW VERY PROUD I AM OF ALL OF YOU. I'M GOING TO FEEL SAFE WHEN I SWIM IN BARTON SPRINGS POOL IF ALL OF YOU ARE THERE. AND I REALLY NEED YOU. SO THANK YOU FOR ALL THAT YOU HAVE DONE. [ LAUGHTER ] AND THANK YOU FOR WHAT YOU WILL CONTINUE TO DO.

Goodman: COUNCILMEMBER DUNKERLY SHOULD, TOO. AND THEN -- IF THEY CAN TELL US, CAN WE GET EVERYBODY IN A STILL SHOT THIS WAY? MAYBE IN ONE OR TWO OF YOU CAN OPEN UP YOUR OWN PROC SO PEOPLE IN THE FUTURE CAN KNOW WHAT IT IS THAT WE ARE DOING. AH, PERFECT. CAN THEY DO THAT? I DON'T THINK IT'S THE SIZE, I THINK THEY JUST CAN'T DO IT.

CAN THEY DO TWO, THEN? [ APPLAUSE ]

Dunkerly: IT'S -- IT MY GREAT PLEASURE AT THIS TIME TO HAVE PATRICIA YOUNG COME FORWARD FOR A PROCLAMATION. BE IT KNOWN THAT WHEREAS AN ESTIMATED 190,000 TRAVIS COUNTY RESIDENTS LACK HEALTH INSURANCE AND ARE OFTEN -- ARE UNDERSERVED MEDICALLY AND WHEREAS COMMUNITY HEALTH CENTERS OPERATED BY THE CITY OF AUSTIN PROVIDE HIGH QUALITY HEALTH CARE REGARDLESS OF THE ABILITY TO PAY, AND ARE SERVE SERVING MORE PATIENT THROUGH INCREASED PRODUCTIVITY AND EXPANDED HOURS; AND WHEREAS THE COMMUNITY HEALTH CENTERS HAVE A POSITIVE IMPACT ON OUR COMMUNITY BY PREVENTING DEATH, COSTLY DISABILITIES AND COMMUNICABLE DISEASES; NOW, THEREFORE, I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, DO HERE BY CONGRATULATE THE COMMUNITY HEALTH CENTERS ON THE FINE SERVICES THAT THEY PROVIDE AND PROCLAIM AUGUST 18TH, THROUGH THE 24TH, OF 2002, AS COMMUNITY HEALTH CENTER WEEK IN AUSTIN. AND IN WITNESS WHERE WAS I HAVE HERE UNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF AUSTIN TO BE AFFIXED. THIS 22 DAY OF AUGUST, IN THE YEAR 2002. SIGNED GUSTAVO L. GARCIA, MAYOR OF THE CITY OF AUSTIN. [ APPLAUSE ]

THANK YOU, COUNCILMEMBER, I'M ACTUALLY PRETENDING TO BE HAL TONIGHT. HAL WAS UNFORTUNATELY CALLED AWAY TO A FUNERAL. BUT HE DID HAVE SOME REMARKS PREPARED AND HE ASKED IF I COULD READ THEM TO YOU ALL. I WOULD JUST LIKE TO READ DIRECTLY FROM THE LETTER FROM HAL. DEAR MAYOR GARCIA AND COUNCILMEMBERSS, PLEASE ACCEPT MY APOLOGIES FOR NOT BEING THERE PERSONALLY. I HAVE ASKED TRISH YOUNG TO SHARE WITH YOU MY BRIEF REMARKS. FIRST I WANT TO THANK THE COUNCIL FOR ITS CONTINUED SUPPORT OF THE COMMUNITY HEALTH CENTERS. ESSENTIALLY IN LIGHT OF THE EVER INCREASING DEMAND FOR THEIR SERVICES. AS YOU KNOW, THE NUMBER OF UNINSURED TRAVIS COUNTY RESIDENTS APPROACHES 190,000, WHICH IS ROUGHLY A QUARTER OF THE POPULATION. THE SERVICES OF OUR COMMUNITY HEALTH -- COMMUNITY'S HEALTH CARE SAFETY NET CONTINUES TO BE STRAINED AS WE ATTEMPT TO MEET THE NEEDS OF ALL OF THOSE WHO CANNOT AFFORD TO PAY OUT OF POCKET. WITH MORE AND MORE RESIDENTS GOING WITHOUT PREVENTIVE CARE, OUR EMERGENCY ROOMS, SAFETY NET HOSPITAL AND SAFETY NET SPECIALTY CLINICS ARE BEING STRETCHED TO THE LIMIT. BY SUPPORTING THE HEALTH CENTERS YOU ARE RECOGNIZING THAT EVERY DOLLAR SPENT ON COMPREHENSIVE PREVENTIVE AND PRIMARY CARE NOT ONLY SAVES MANY MORE DOLLARS AND MUCH HIGHER SPECIALISTS AND HOSPITAL COSTS, BUT ALSO INCREASES THE QUALITY OF CARE DLIFERED. IN -- DELIVERED. IN ADDITION IT IS A HEALTHY COMMUNITY, MORE PRODUCTIVE COMMUNITY WITH PARENTS AVOIDING MISSING WORK AND KIDS AVOIDING MISSING SCHOOL. SECOND I WANT TO THANK THE MANAGEMENT AND STAFF OF THE 12 HEALTH CENTERS THAT THE FQHC BOARD OVERSEES. THEIR DEDICATION TO THEIR PATIENTS AND THE COMMITMENT TO THE COMMUNITY HEALTH CENTER MISSION HAS ENABLED THEM TO SUBSTANTIALLY INCREASE THE NUMBER OF PATIENTS TREATED WITHOUT AN INCREASE IN CITY FUNDING. THEY HAVE ALSO FOUND INNOVATIVE WAY TO SPEND MORE OF BUDGET DOLLARS ON CLINICAL CARE. THE DRUG COST INITIATIVE HAS THUS FAR REDIRECTED OVER A MILLION IN PHARMACY COSTS TO CLINICAL CARE FOR PATIENT BY AGGRESSIVELY UTILIZING EVERY AVAILABLE FREE DRUG PROGRAM OUT THERE. BECAUSE OF THIS INITIATIVE, OUR PROJECTED DRUG COSTS IN FISCAL YEAR '03 ARE -- WILL BE AT 54% OF THE COST THAT WE INCURRED IN FISCAL YEAR 1999 DESPITE A PRESCRIPTION VOLUME THAT IS PROJECTED TO BE 25% HIGHER. IN HIS PROCLAMATION DECLARING THIS NATIONAL HEALTH CENTER WEEK, PRESIDENT BUSH RECOGNIZED HOW CRITICAL HEALTH CENTERS ARE TO THE HEALTH OF MILLIONS OF LOW INCOME AMERICANS. HE CALLED HEALTH CENTERS A VITAL PART OF OUR HEALTH CARE SAFETY NET. LOOKING AT OUR OWN SITUATION, I WOULD GO ONE STEP FURTHER AND SAY THAT OUR COMMUNITY HEALTH CENTERS TRULY REPRESENT THE BACKBONE OF OUR LOCAL SAFETY NET. WHETHER THE COMMUNITY ULTIMATELY DECIDES TO SHORE UP THAT SAFETY NET WITH A HOSPITAL DISTRICT OR NOT, THE SUSTAINABILITY OF OUR COMMUNITY HEALTH CENTERS IS CRITICAL TO HELP PREVENT OUR OVERALL HEALTH CARE DELIVERY SYSTEM FROM SINKING DEEPER AND DEEPER INTO CRISIS. THE REST OF THE FQHC BOARD AND I LOOK FORWARD TO WORKING WITH YOU OVER THE NEXT YEAR TO MOVE FORWARD AND STRENGTHEN OUR SYSTEM'S BACKBONE. ONCE AGAIN THANK YOU FOR THIS PROCLAMATION, RECOGNIZING BOTH THE WORK THE HEALTH CENTERS PERFORM AND YOUR CONTINUED SUPPORT OF THE COMMUNITY HEALTH CENTER MISSION. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THAT'S ALL THAT WE HAVE ON THIS PART OF THE COUNCIL MEETING. WE ARE GOING TO GET A LITTLE LUNCH, I MEAN DINNER, I'M SORRY, I HAD LUNCH EARLIER. AND WE WILL BE BACK FOR OUR 6:00 TIME CERTAIN IN ABOUT 20 MINUTES. THANK YOU. WE HAVE ONE MORE ITEM THAT -- THAT HAS NOT BEEN TAKEN UP, BUT -- GIVEN THE PROCESS, IT'S -- IT'S -- IT'S ITEM 59. THIS WAS PULLED BY WHO? COUNCILMEMBER THOMAS. WE PROBABLY -- YEAH, WE HAVE SIX SPEAKERS. WE PROBABLY CAN GO THROUGH THE OTHERS AND THEN COME BACK TO THIS ONE. ANYWAY, AT THIS TIME I'M GOING TO CALL UP ITEM NO. 64. WHICH IS TO CONDUCT A PUBLIC HEARING TO APPROVE A RESOLUTION FOR 11,895 SQUARE FEET OR 27 2,700THS OF AN ACRE ... EUBANK ACRE, PROJECT B ALONG WALNUT CREEK AT NORTH LAMAR, THROUGH DEDICATED PARKLAND KNOWN AS WALNUT CREEK GREEN WAY PARKLAND IN ACCORDANCE WITH SECTION 26.001 AND FOLLOWING OF THE TEXAS PARKS AND WILDLIFE CODE. ALL COSTS ASSOCIATED WITH THE LINE, AS WELL AS ANY PARKLAND RESTORATION WILL BE PAID BY THE REQUESTOR FROM A PREVIOUSLY APPROVED C.I.P. ACCOUNTS. THIS IS RECOMMENDED BY THE PARKS AND RECREATION BOARD. AND MS. PLUMBER IS HERE TO -- TO WALK US THROUGH.

YES, SIR. THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE TAKING OF THIS DEDICATED PARKLAND WHICH INCLUDES ALL PLANNING TO MINIMIZE HARM TO THE PARK.

Mayor Garcia: THAT'S ALL THAT WE HAVE TO DETERMINE.

YES, SIR. THAT'S YOUR FACT FINDING.

Mayor Garcia: OKAY. I DON'T HAVE ANY SPEAKERS ON THIS ONE. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER DUNKERLY. SECONDED BY THE MAYOR PRO TEM. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1. WITH COUNCILMEMBER WYNN TEMPORARILY OFF THE DAIS. WE WILL NOW GO TO THE -- TO ITEM 65 IS TO CONDUCT A PUBLIC HEARING FOR THE FULL PURPOSE ANNEXATION OF THE FOLLOWING ANNEXATION AREAS. FIRST ONE IS INTERPORT SOUTH, APPROXIMATELY 135 ACRES IN TRAVIS COUNTY SOUTH OF SH 71, APPROXIMATELY 495 FEET EAST OF F.M. 973. MR. LUKENS?

YES, SIR. PUT THE GRAPHIC UP HERE.

MS. BROWN, WHICH ONE WAS THE UN'01 THAT -- IS IT ROBERTSON THE ONE THAT WE ARE NOT HEARING TONIGHT?

THAT'S CORRECT.

Mayor Garcia: OKAY. THIS IS THE INTERPORT SOUTH? YES, SIR. INTERPORT SOUTH AS YOU SAID IS OUT IN -- OFF OF 973, NEAR THE AIRPORT. AND IT'S CURRENTLY UNDEVELOPED, IT'S A PENDING ZONING CASE. LET ME GO QUICKLY AND POINT OUT THAT THIS IS FIRST OF TWO HEARINGS. THE SECOND HEARING WILL BE NEXT WEEK AT 6:00 P.M. ON THE 29TH. THE ACTION IS SCHEDULED FOR SEPTEMBER 26TH. AND IN THIS CASE TO FACILITATE THE ZONING CASE IT WOULD BE EFFECTIVE 10 DAYS AFTER THAT ON OCTOBER 7TH. THE SERVICE PLAN BASICALLY IS THAT WE WILL TAKE OVER FROM THE COUNTY AND PROVIDE THOSE SERVICES CURRENTLY PROVIDED BY THE COUNTY AND AS WELL AS PROVIDE ADDITIONAL ENHANCED SERVICES NOT AVAILABLE IN THE COUNTY. AND PROVIDE SERVICE AT A LEVEL SIMILAR TO OTHER AREAS IN THE BALANCE OF THE CITY. I WOULD BE MORE THAN GLAD TO ANY QUESTIONS ABOUT INTERPORT SOUTH.

Mayor Garcia: QUESTIONS FOR MR. LUKENS? IS MR. DRIER HERE? YOU ARE NOT HERE ON THAT TRACT, ARE YOU? WHAT ABOUT MR. JAMAIL? TIM JAMAIL?

HE SIGNED UP ON THE JAMAIL PART.

Mayor Garcia: ON THE JAMAIL TRACT, OKAY. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON INTERPORT SOUTH.

Thomas: SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, IS THERE A SECOND? SECONDED BY COUNCILMEMBER DUNKERLY. ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING INDICATE BY SAYING AYE.

AYE.

OPPOSED NO. MOTION CARRIES. THE KALLESTAD TRACT APPROXIMATELY 11 ACRES LOCATED IN TRAVIS COUNTY NORTH OF FARM-TO-MARKET 2222 APPROXIMATELY 7/10THS OF A MILE EAST OF THE INTERSECTION OF F.M. 2222 AND RIVER PLACE BOULEVARD. WE HAVE ONE SPEAKER, MR. LUKENS.

YES, SIR. KALLESTAD AS I POINTED OUT ON 222 NEAR RIVER PLACE BOULEVARD. AN UNDEVELOPED PARCEL OF LAND THAT'S CURRENTLY IN THE LIMITED PURPOSE JURISDICTION. HAS AN APPROVED ZONE WITH R AND D, PDA, HAS AN APPROVED SITE PLAN. THIS TRACT -- SO THE REASON WHY THIS AND THE -- THESE OTHER AREAS ALONG 2222 ARE BEING LOOKED AT TODAY, BECAUSE THESE REMAINING TRACTS ON 222 WITH SOME SORT OF DEVELOPMENT PLAN IN PLACE. SO THE -- AGAIN, THIS CASE WILL BE TAKING OVER FROM THE COUNTY FROM THE SERVICES THEY CURRENTLY PROVIDE AS WELL AS PROVIDING ADDITIONAL ENHANCED SERVICES AND WE WILL BE SERVICE AT A LEVEL TO OTHER SIMILARLY SITUATED AREAS. THAT CONCLUDES THE PRESENTATION, I WOULD BE GLAD TO ANY QUESTIONS?

QUESTIONS FOR MR. LUKENS ON THE KALLESTAD TRACT. WE HAVE ONE SPEAKER, MR. DANNY BURNET.

NO, HE'S THAT --

MR. BURN YET, WELCOME, SIR.

MY NAME IS DANNY BURNET, I'M THE DEVELOPMENT COORDINATOR FOR DYWER REALITY COMPANIES, I REPRESENT [INAUDIBLE] ALSO KNOWN AS THE KALLESTAD TRACT. I WOULD LIKE TO TAKE JUST A LITTLE BIT OF YOUR TIME TODAY TO ASK YOU TO TAKE A LITTLE BIT OF CONSIDERATION OF THE FULL PURPOSE ANNEXATION FOR THIS TRACT AND AS IT RELATE TO SERVICE TO THE TRACT. PER THE -- PER THE SERVICE PLAN THAT IS PROVIDED TO YOU. AS I WOULD LIKE TO CALL OUT, ONE OF THE CONDITIONS OF THE SERVICE PLAN ON THE VERY LAST PAGE, PAGE 7 OF 7, STATES THAT FOR LOTS THAT HAVE WATER AND WASTEWATER LINES IN THE STREET FRONTING THE LOT, THE OWNER MAY RECEIVE WATER OR WASTEWATER SERVICE BY APPLYING FOR A TAP PERMIT AND PAYING ANY REQUIRED FEES. OUR PROPERTY CURRENTLY DOES HAVE A 36-INCH WASTEWATER -- I'M SORRY, WATER TRANSMISSION MAIN THAT RUNS ALONG MCNEIL, WHICH IS RIGHT HERE ON THE WESTERN BOUNDARY. AND THAT IS A NORTHWEST B SERVICE LINE. WE'VE HAD PROBLEMS GAINING SERVICE FROM THAT LINE FOR -- FOR THE PAST TWO YEARS. AND THAT IS BECAUSE, I'M GOING TO KIND OF GIVE YOU THE LAY LAYMEN'S TERMS AS MUCH AS I CAN, WHICH THERE WAS A CHLORINE RIDUL PROBLEM AND A HEALTH AND SAFETY ISSUE WITH AN ELEVATED STORAGE TANK, THE CITY OF AUSTIN HAD TO LOWER THAT ELEVATED LEVEL THAT TANK, WHICH THEN AFFECTED THE PRESSURE TO OUR SITE, WHICH MEANS THAT WE DO NOT HAVE WATER SERVICE TO OUR TRACT THAT WOULD MEET THE MINIMUM STANDARDS FOR THE CITY OF AUSTIN. SO WE WOULD ASK AND WE WOULD I THINK BE WILLING TO OFFER OUR SUPPORT OF THIS FULL PURPOSE ANNEXATION IF THE COUNCIL IN THEIR PURVIEW COULD ASK AND/OR DIRECT STAFF TO WORK WITH US IN OUR CONTINUED EFFORTS TO HAVE ACTUAL SERVICE AT A FULL PURPOSE ANNEXATION PROPERTY. AND I THINK EVEN THEN PEAT DWYER MY BOSS IS ALSO HERE TO SPEAK ON THIS, THANK YOU.

MAYOR, THIS WAS THE ISSUE -- THE ITEM THAT I WANTED TO SPEAK TOWARDS WHEN I SIGNED UP.

Mayor Garcia: OKAY.

ARE YOU THE DEVELOPER ON THIS ONE?

YES. WE OWN THIS TRACT. WE BOUGHT THE PIECE OF PROPERTY, IT WAS THE OLD KALLESTAD LAB SITE. MEMBERS OF THE COMMISSION, MY NAME IS PETE DWYER. I REPRESENT THE OWNER OF THE PROPERTY, WHICH IS AUSTIN FALLING WATERS, OF WHICH I OWN A PERCENTAGE. WE FEEL LIKE WE WANT TO SUPPORT THIS ANNEXATION. BUT WE HAVE BEEN TOLD BY AUSTIN WATER AND WASTEWATER STAFF FOR SOME TIME THAT THE PRESSURE RESERVOIR, AS MR. BURNET DESCRIBED THE WATER PRESSURE IN THE RESERVOIR WHICH IS ARTIFICIALLY LOWERED BECAUSE THERE ARE NOT ENOUGH CUSTOMERS ON IT CANNOT PROVIDE US ADEQUATE FIRE FLOW AND WE WANT THE -- WE JUST WANT TO HEAR THE WORDS SAID THAT IF WE ARE GOING TO BECOME FULL PAYING TAXPAYERS THAT THAT SERVICE IS FORTHCOMING. AND THAT'S THE ONLY ISSUE THAT WE HAVE. THANK YOU.

Mayor Garcia: THANK YOU, MR. DWYER. THAT'S ALL OF THE SPEAKERS THAT WE HAVE ON THIS ITEM. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. THE DATES ON THIS KALLESTAD TRACT --

YES, SIR. THIS AGAIN WOULD BE A -- THE -- THE SECOND HEARING WILL BE THE 29TH AT 6:00 P.M. ACTION WILL BE ON SEPTEMBER 26TH. AND THIS CASE THE EFFECTIVE DATE WOULD BE DECEMBER 25TH.

YES, SIR, WE WOULD TAKE ACTION, THOUGH, ON -- WE WOULD TAKE ACTION SEPTEMBER 26TH. BUT THE EFFECTIVE DATE WILL BE DECEMBER 25TH. SO TAKE ACTION SEPTEMBER 26TH, SECOND HEARING NEXT WEEK.

Mayor Garcia: 30, 60 DAYS BEFORE --

THIS IS 90 DAYS. USUALLY WE ANNEX WE HAVE THE EFFECTIVE DATE CLOSE TO THE END OF THE CALENDAR YEAR. UNLESS THERE'S SOME REASON TO -- TO NOT DO SO.

Mayor Garcia: OKAY. SO WE ARE GOING TO HAVE A CHRISTMAS PARTY, IS THAT THE REASON TO -- IS THAT WHAT IT IS, PETE? WE ARE GOING TO HAVE A CHRISTMAS PARTY OUT THERE?

[INAUDIBLE - NO MIC] [ LAUGHTER ]

Mayor Garcia: OKAY. TUMBLE WEED HILL, APPROXIMATELY 1700 ACRES IN TRAVIS COUNTY NORTH OF FARM-TO-MARKET 2222 APPROXIMATELY ONE MILE EAST OF THE INTERSECTION OF F.M. 2222 AND RIVER PLACE BOULEVARD.

YES, SIR. TUMBLE WEED HILL, RIGHT ADJACENT, KALLESTAD, 2222, TUMBLEWEED TRACT. THIS IS THE FORMER TEXAS TUMBLEWEED RESTAURANT SITE. IT'S IN THE E.T.J., UNLINE THE OTHER TWO. AND IT ALSO HAS A -- HAS A -- AN APPROVED SITE PLAN. AS IN THE OTHER CASES, WE TAKE OVER FROM THE COUNTY FOR TERM OF THE SERVICE PLAN, WHICH BY THE WAY ARE ALL AVAILABLE IN THE TABLE TO MY LEFT. WE TAKE OVER FROM THE COUNTY ON THEIR -- FROM THE SERVICES THEY PROVIDE, PROVIDE ADDITIONAL ENHANCED SERVICES AND WE ALSO PROVIDE SERVICE AT A LEVEL SIMILAR TO SIMILARLY SITUATED PROPERTIES. THAT CONCLUDES THE TUMBLEWEED HILL TRACT PRESENTATION.

Mayor Garcia: WE DON'T HAVE ANY SPEAKERS ON THIS ITEM, SO I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

Slusher: SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. THE LAST ITEM IS THE JAMAIL TRACT. APPROXIMATELY 33 ACRES IN TRAVIS COUNTY NORTH OF F.M. 2222 APPROXIMATELY ONE MILE EAST OF THE INTERSECTION OF 2222 AND RIVER PLACE BOULEVARD.

YES, SIR. THIS TRACT IS RIGHT HERE, LOCATED ON 2222 BETWEEN THESE TWO. AND IT IS IN THE LIMITED PURPOSE JURISDICTION. ZONED L.O. WITH TWO G.R. PAD SITES AS AN -- HAS AN APPROVED SITE PLAN. IT'S THE -- THE SERVICE PLAN FOR THIS SITE, WHICH AGAIN THE SERVICE PLAN IS AT THE TABLE TO THE LEFT, THE SEVEN PLAN THAT THE CITY TAKES OVER FROM THE COUNTY TO PROVIDE THE SERVICES THE COUNTY HAS BEEN PROVIDING AS WELL AS PROVIDING ADDITIONAL ENHANCED SERVICES, WE WOULD BE PROVIDING SERVICE AT A LEVEL SIMILAR TO THE SIMILARLY SITUATED PROPERTIES IN THE BALANCE OF THE CITY. THAT CONCLUDES THE PRESENTATION ON JAMAIL.

Mayor Garcia: WE HAVE ONE SPEAKER, TIM JAMAIL. MR. JAMAIL, WELCOME, SIR.

MAYOR, COUNCILMEMBERS, MY NAME IS TIM JAMAIL. I'M THE OWNER OF THE 33-ACRE TRACT THAT WE ARE DISCUSSING RIGHT NOW. AND I'M OPPOSED TO THE ANNEXATION OF THE TRACT. MAINLY FOR THE REASON THAT THE BENEFITS OF ANNEXATION FOR UNIMPROVED PROPERTY ARE FOR THE MOST PART SERVICING THE PROPERTY CAN WITH WATER AND WASTEWATER AND I HAVE OWNED THE PROPERTY FOR ABOUT THE LAST 10 YEARS AND HAVE SECURED UTILITY COMMITMENTS FOR THE PROPERTY. AND SO WOULD NOT REALLY BE GAINING ANY BENEFIT FROM THE ANNEXATION BY THE CITY AT THIS TIME. I KNOW MR. LUKENS INDICATED THAT -- THAT THERE WERE SOME -- SOME APPROVALS IN PLACE AND SOME PERMITS THAT HAD BEEN FILED FOR ADDITIONAL APPROVALS TO DEVELOP THE TRACT. BUT I THINK WHAT -- WITH WHAT I HAD EXPLAINED TO MR. LUKENS, WOULD LIKE TO POINT OUT TO THE COUNCIL IS THAT THERE'S A PRETTY DRAMATIC DIFFERENCE BETWEEN ENTITLEMENTS TO A TRACT AND ACTUAL DEVELOPMENT OF THE TRACT. AND -- AND WE ARE NOT OPERATING IN A VACUUM OUT THERE. THERE ARE SEVERAL OTHER ENTITIES TO DEAL WITH. SUCH AS FISH AND WILDLIFE. AND MITIGATION REQUIREMENTS. AND WITH -- WITH THE -- WITH THE CONTINUING ESCALATION OF THE HOLDING COSTS, IT'S MAKING IT ALMOST PROHIBIT ACTIVE TO BRING THE SITE UP AND OUT OF THE GROUND, WHICH IS IN THE BEST INTERESTS OF THE CITY AND IN MY BEST INTERESTS IN ORDER TO GENERATE ADDITIONAL TAX REVENUE FOR THE CITY. THANK YOU.

Mayor Garcia: THANK YOU, MR. JAMAIL.

Slusher: MAYOR, I HAVE A QUESTION. MR. JAMAIL, WHO ARE YOUR UTILITIES FROM?

THE CITY OF AUSTIN.

Slusher: SO THEY ARE FROM THE CITY. BUT THE CITY USUALLY DOES THAT IN AN OPERATION OF ANNEXING THE -- ANTICIPATION OF ANNEXING THE PROPERTY. [INAUDIBLE] AT THE TIME.

THERE WAS PREVIOUSLY APPROVED APPROACH MAIN AND THIS SITE HAD COST PARTICIPATED SEVERAL, MANY YEARS BACK IN WATER AND WATER AND WASTEWATER LINES. BACK WHEN IT WAS -- PRIOR TO MY OWNERSHIP OF THE PROPERTY.

Slusher: OKAY, THANK YOU.

Mayor Garcia: THANK YOU, MR. JAMAIL, THAT'S ALL OF THE SPEAKERS THAT WE HAVE. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY THE MAYOR PRO TEM, SECONDED BY -- BY COUNCILMEMBER DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. WHAT'S -- ON A VOTE OF 7 TO 0. WHAT'S THE DATES ON THIS ONE?

AGAIN WE WILL BE BACK ON THE 29TH OF AUGUST FOR THE SECOND HEARING AND ACTION IS SCHEDULED FOR SEPTEMBER 26TH.

Mayor Garcia: THANK YOU, MR. LUKENS.

SEE YOU NEXT WEEK.

Mayor Garcia: ITEM NO. 66 IS TO CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE PROPOSED RATE CHANGES FOR WHOLESALE CUSTOMERS FOR THE WATER AND WASTEWATER UTILITY AS PART OF THE 2002-2003 PROPOSED BUDGET. IS THERE A STAFF PRESENTATION ON THIS ONE?

MAYOR AND COUNCIL GOOD EVENING, MY NAME IS CHRIS LIPPY, DIRECTOR OF THE WATER AND WASTEWATER DEPARTMENT. WE HAVE NO CHANGES TO FEES AND NO CHANGES TO WATER AND WASTEWATER RATES FOR RESIDENTIAL, MULTI-FAMILY, COMMERCIAL OR INDUSTRIAL CUSTOMERS. WE DO HAVE A PROPOSED CHANGE TO WHOLESALE CUSTOMER RATES TO ACCOUNT FOR THE ANNUAL ADJUSTMENT TO BRING EACH INDIVIDUAL WHOLESALE CUSTOMER TO -- TO COST OF SERVICE. THE AVERAGE WHOLESALE WATER RATE INCREASE THEREFORE FOR -- FOR THE WHOLESALE CUSTOMERS IS 2.2% AND THE AVERAGE WHOLESALE WASTEWATER RATE INCREASE IS 1.6%.

Mayor Garcia: OKAY. QUESTIONS FOR MR. LIPPY? WE DON'T HAVE ANY SPEAKERS ON THIS ONE. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

Thomas: SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO. MOTION CARRIES ON A VOTE OF 7 TO 0 TO CLOSE THE PUBLIC HEARING. AND THIS ITEM WE WILL TAKE UP AT THE TIME WE APPROVE THE BUDGET, MR. LIPPY? AT THE TIME WE APPROVE THE BUDGET, THAT'S WHAT WE WILL ACT ON THIS ONE, DO WE HAVE ANY MORE PUBLIC HEARINGS? ITEM NO. 67 IS TO CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS ON THE PROPOSED RATE AND FEE INCREASES FOR THE DRAINAGE FEE OF THE WATERSHED PROTECTION AND DEVELOPMENT REVIEW DEPARTMENT AS PART OF THE 2002-2003 PROPOSED BUDGET. MR. HEIGHTS.

MAYOR, MAYOR PRO TEM, COUNCILMEMBERS. I'M MIKE HEIGHTS, DIRECTOR OF THE WATERSHED PROTECTS DEVELOPMENT. WE ARE PROPOSING A RESIDENTIAL FEE INCREASE FROM $5.21 TO $5.79 PER MONTH. AND ON NON-RESIDENTIAL RATE INCREASE FROM $70.73 TO $94.62 PER IMPERVIOUS COVER. THE NET RESULT OF THESE INCREASES WILL BE $5,059,226.

Mayor Garcia: FOR IMPERVIOUS COVER WHAT?

PER DEVELOPED -- IMPERVIOUS COVER PER DEVELOPED ACRE.

Mayor Garcia: OKAY. ALL RIGHT. QUESTIONS FOR MR. HEIGHTS? I THINK THIS WAS EXPLAINED DURING OUR BUDGET PRESENTATION. WE DON'T HAVE ANY SPEAKERS, SO I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY THE MAYOR PRO TEM. ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES AGAIN THIS ONE IS ONE THAT WE WILL -- AT THE TIME THAT WE DO THE BUDGET, CORRECT, MIKE? THANK YOU. ITEM 68, CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON THE PROPOSED REVISIONS TO THE ELECTRIC FEE SCHEDULE AND FUEL ADJUSTMENT CLAUSE OF THE ELECTRIC RATE SCHEDULE FOR AUSTIN ENERGY, THE ELECTRIC UTILITY DEPARTMENT, AS PART OF THE CITY OF AUSTIN'S PROPOSED BUDGET FOR FISCAL YEAR 2002-2003. MR. GARZA?

MAYOR, I'M JUAN GARZA, GENERAL MANAGER OF AUSTIN ENERGY. AUSTIN ENERGY PROPOSES CHANGES TO ITS TARIFF FUEL ADJUSTMENT CLAUSE AND FEES AS FOLLOWS: AE RECOMMENDS CHANGING THE TARIFF FOR THE FUEL ADJUSTMENT CLAUSE TO ADD CERTAIN FEES AND CHARGES FROM THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, ERCOT, EXPENSES RECOVERIABLE THROUGH THE FUEL ADJUSTMENT COSTS. THE PUBLIC UTILITY COMMISSION OF TEXAS HAS ALLOWED INVESTOR OWNED UTILITIES TO RECOVER SUCH EXPENSES IN THE FUEL PORTION OF ITS PRICE TO BEAT. OTHER UTILITIES INCLUDING DENTON, GARLAND, RECOVER THESE EXPENSES IN THEIR FUEL ADJUSTMENT CLAUSES. IN ADDITION THE CITY OF PUBLIC SERVICE BOARD OF SAN ANTONIO RECOVERS ERCOT ADMINISTRATIVE FEES, CONGESTION COSTS, AND [INAUDIBLE] PAYMENTS THROUGH THEIR FUEL ADJUSTMENT CLAUSE. AE RECOMMENDS INCLUDING THE FUEL ADJUSTMENT CLAUSE, IN THE FUEL ADJUSTMENT CLAUSE THE ERCOT ADMINISTRATIVE FEE AND OTHER ERCOT RELATED CHARGES INCURRED FOR PROVIDING ENERGY AND/OR CAPACITY TO MEET ITS RETAIL CUSTOMER AS MUCH AS REQUIREMENTS. -- SERVICE REQUIREMENTS. AE RECOMMENDS RECOVERY OF THESE NATURAL EXPENSES FROM OUR CUSTOMERS WITH NO COST ADDED FOR PROFIT. SAME RECOVERY METHOD USED FOR FUEL COSTS RECOVERED THROUGH THE FUEL ADJUST CLAUSE. THE ESTIMATED ERCOT RELATED EXPENSES AT THIS TIME INCLUDED IN THE PROPOSED BUDGET TOTAL $5,339,803. AND A RESIDENTIAL CUSTOMER USING 1,000-KILOWATT HOURS PER MONTH WOULD SEE AN INCREASE IN THEIR BILL OF APPROXIMATELY 50-CENT PER MONTH, BASED ON OUR ESTIMATE OF THESE CHARGES. OTHER PROPOSED FEE CHANGES, THE -- THE CHARGE THAT WE -- OR THE FEE THAT WE CHARGE FOR RETURN CHECKS WOULD -- WE PROPOSE GOING FROM 20 TO $25. THE FEE THAT WE CHARGE FOR DECLINES ON ELECTRONIC FUND TRANSFERS, WE PROPOSE CHANGING FROM 20 TO $25. AND ALSO THE CHARGE THAT -- THAT WE CHARGE OUR CUSTOMERS FOR DECLINE OF DEBIT OR CREDIT CARD PAYMENT FEE ALSO FROM 20 TO $25. THIS -- THIS RECOVERS THE COST THAT WE INCUR IN -- AND IT'S IN LINE WITH OTHER UTILITIES FOR THE SAME SERVICES. THE -- WE ARE -- WE ARE ALSO RECOMMENDING THAT WE -- THAT WE DISCONTINUE A COUPLE OF CHARGES THAT WE HAVE NEVER USED. THAT'S AN AMERICAN EXPRESS CARD THAT WE HAVE BEEN ALLOWED TO CHARGE 2.95% AND THE DISCOVER CARD AT 1.65%. WE ARE RECOMMENDING THAT THESE BE DISCONTINUED. AND THOSE HAVE NEVER BEEN USED BY THE AUSTIN UTILITY. THEN THERE IS A -- A NEW FEE THAT WE ARE PROPOSING FOR LOCATION OF UNDERGROUND LINES FOR PURPOSES OTHER THAN CONSTRUCTION. FOR CONSTRUCTION WE WOULD ALWAYS BE OUT THERE IMMEDIATELY AS QUICKLY AS WE COULD RESPOND TO THE REQUEST SO WE WOULDN'T KEEP THE CONSTRUCTION CREWS WAITING. THIS FEE THAT WE ARE PROPOSING WOULD APPLY FOR RELOCATION OF UNDERGROUND LINES FOR A PLAN -- FOR PLANNING PURPOSES WHERE NO CONSTRUCTION IS INVOLVED. WE WOULD PROPOSE CHARGING A SPECIAL LOCATION UNDERGROUND FEE OF $250 FOR THE FIRST TWO HOURS, AND THEN $125 FOR EACH ADDITIONAL HOUR THEREAFTER. THAT -- THAT CONCLUDES MY PRESENTATION, MAYOR.

Mayor Garcia: WE HAVE ONE SPEAKER ON THIS ITEM. MR. PAUL ROBBINS. MR. ROBBINS, WELCOME, SIR.

I'M SURE YOU'RE NOT SURPRISED.

NEVER.

WHY ARE COUNCIL AND PAUL -- I'M PAUL ROBINS, AN ENVIRONMENTAL CONSUMER ADVOCATE. WHY ARE WE SPENDING, WHY ARE WE INCREASING OUR RATES FOR THINGS LIKE ERCOT WHEN WE HAVE $183 MILLION SITTING IN THE BANK AND WHILE WE OVERCOLLECT $80 MILLION A YEAR? AT SOME LEVEL IS THIS GOING TO STOP? FOR THOSE IN THE AUDIENCE WHO ARE NOT FAMILIAR WITH THIS ISSUE, IN 1996, THE -- THE COUNCIL VOTED TO -- TO LOWER COSTS BUT KEEP RATES THE SAME, THERE BY OVERCOLLECTING MONEY. THIS MONEY WAS INTENDED TO -- TO DEFEASE DEBTS OVER THE YEAR. THE MOPE INSTEAD HAS BEEN USED TO BUY POWER PLANTS AND OTHER CAPITAL EQUIPMENT, NOT MUCH THE MONEY -- OF THE MONEY, ABOUT -- ABOUT $183 MILLION OF -- OF ALMOST HALF A BILLION DOLLARS HAS REMAINED UNSPENT. AND $80 MILLION A YEAR CONTINUES TO ACCRUE IN THIS MANNER. IN THIS WAY. -- FOR THE RECORD, ALTHOUGH YOU KNOW IT, WE ARE IN A RECESS, THERE HAVE BEEN LAYOFFS, THERE WILL BE TAX INCREASES, UNLIKE OTHER TAXING ENTITIES SUCH AS THE AUSTIN INDEPENDENT SCHOOL DISTRICT AND TRAVIS COUNTY, YOU, CITY COUNCIL, HAVE THE ABILITY TO TO MITIGATE PROBLEMS WITH RATE REDUCTIONS. I WILL SPEAK MORE OF THIS AT THE BUDGET HEARING, I'M SURE THAT WON'T SURPRISE YOU, EITHER.

Mayor Garcia: THANK YOU, MR. ROBBINS.

Goodman: CAN I ASK HIM SOMETHING BEFORE HE GOES.

Mayor Garcia: SURE, MR. ROBBINS, MAYOR PRO TEM HAS A QUICK QUESTION FOR YOU.

Goodman: ARE YOU SAYING EACH YEAR THERE ARE -- THEY ARE EXCEEDING -- BY NOW WE SHOULD HAVE $480 MILLION?

MY PERCEPTION AND I'M SURE THAT -- THAT THEY WILL BE ABLE TO TELL YOU THE EXACT TO THE PENNY ESTIMATE, BUT I'M GIVING YOU MY GOOD FAITH UNDERSTANDING, IS THAT AS OF SEPTEMBER 30TH, OF THIS FISCAL YEAR, THERE WILL BE $478 MILLION THAT WILL HAVE BEEN I'LL CALL IT OVER COLLECTED. BUT LET'S SAY COLLECTED. AND 1838 $1,838,000,000 -- $183 MILLION OF THAT WILL HAVE BEEN UNSPENT. AT THE BEGINNING OF THIS YEAR, THE CYCLE STARTS AGAIN SO THAT THIS PAST-THROUGH OVERCOLLECTION, COLLECTION, WHATEVER YOU ARE GOING TO CALL IT, WILL -- WILL CONTINUE.

Goodman: THANKS.

THANK YOU.

Mayor Garcia: I THINK THAT'S ONE OF THE THINGS THAT -- THAT COUNCIL HAS SEEN IS THE FINANCIAL STATEMENT OF THE AUSTIN ENERGY AND WE DON'T FIND THAT 183 MILLION ANYWHERE. WHAT WE HAVE DONE IS WE HAVE PUT THE UTILITY ON A PATH STARTING IN 1996 TO IMPROVE OUR DEBT TO EQUITY RATIOS. THE REASON IS VERY SIMPLE. OUR HOUSES THAT RATE OUR BONDS, NOT RATE, NOT RAID BY RATE, R.A.T.E., TOLD US THAT WE HAD TOO MUCH DEBT COMPARED TO THE EQUITY THAT WE HAD IN THE UTILITY. THEN MAYOR TODD AND I AND A FEW OTHER COUNCILMEMBERS WENT TO NEW YORK AND TALKED TO THEM ABOUT IT. TOLD THEM WHAT THEY WANTED TO DO, THEY APPROVED THAT PLAN, WE HAVE BEEN PURSUING IT DILIGENTLY, INCLUDING THE FACT THAT THIS PAST YEAR, THIS YEAR, PROBABLY SOMETIME NEXT YEAR, WE WILL BE PAYING IN CASH FOR THE NEW GENERATING FACILITY THAT WE ARE BUILDING CLOSE TO BERGSTROM AIR FORCE BASE. THAT FACILITY WILL COME ON LINE -- ONE ALREADY, PART OF IT HAS ALREADY COME ON LINE, ANOTHER WILL COME ONLINE LATER. BUT THE UTILITY WILL HAVE ZERO DEBT ON THAT ONE BECAUSE WE PAID CASH PURSUANT TO THE PLAN THAT WE PRESENTED TO THE BOND RATING HOUSES. ANYWAY. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON ITEM NO. 68. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] TIME: 6:06 P.M. -- 7:06 P.M. (TIME: 7:06.

I'LL BE GLAD TO POINT OUT ON THE BOOKS WHERE IT IS, MAYOR GARCIA. IT IS THERE. I ALSO GOT A WORD FROM THE CHIEF FINANCIAL OFFICER OF THE UTILITY SAYING IT'S THERE. PAYING IN CASH FOR A NEW FACILITY, WELL, IT'S REALLY NOT A BAD IDEA, BUT THEN YOU HAVEN'T VOTED ON IT AND YOU'RE BYPASSING THE VOTERS. YOU'RE KIND OF VIOLATING AT LEAST THE SPIRIT OF THE CITY CHARTER. UP UNTIL 1996 WE VOTED ON OUR ELECTRIC PLANS. WE DON'T VOTE ON THEM ANY MORE. AND THIS IS UPSETTING. THERE ARE ISSUES THAT NEED TO BE PUBLICLY ADDRESSED. CONSIDER, CITIZENS, THAT YOUR HAVING NATURAL GAS POWER PLANTS BUILT, BUT THE NATURAL GAS POWER PLANTS HAVE TO RUN ON SOME KIND OF FUEL, AND WE DON'T OWN THE FUEL. NOW THE VICE-PRESIDENT OF THE UTILITY, ONE OF THE VICE-PRESIDENTS, ROGER DUNCAN AND I, USUALLY DON'T AGREE ON VERY MUCH, BUT EVEN MR. DUNCAN TOLD ME THAT HE WAS CONCERNED THAT WE DID NOT OWN OUR OWN FUEL. WE COULD HAVE GOTTEN SOME OF THIS POWER CHEAPER HAD WE USED CO-GENERATION OR CONSERVATION, BUT THIS ISSUE AGAIN HAS BEEN DENIED DISCUSSION. WE'RE NOT VOTING ON IT. NOW FOR THE ISSUE ITSELF OF THE BUDGET. I REALLY THINK THIS COUNCIL -- I REALLY THINK THAT THIS COUNCIL NEEDS TO CUT ELECTRIC RATES SO THAT IT CAN MAKE UP FOR SOME OF THE TAX INCREASES THAT ARE BEING CAUSED BY THE CITY AND OTHER ENTITIES. IF YOU ADD UP THE APPROXIMATE COST FOR AUSTIN INDEPENDENT SCHOOL DISTRICT, THE COUNTY AND THE CITY, IT WILL BE $508 ACCORDING TO ESTIMATES IN THE NEWSPAPER. IT MAY VARY SLIGHTLY, BUT THE AVERAGE HOMEOWNER WILL SEE AN OVER500-DOLLAR INCREASE ACCORDING TO ESTIMATES. AND UNLIKE THESE OTHER ENTITIES, THE COUNTY AND THE SCHOOL DISTRICT, YOU CAN DO SOMETHING ABOUT IT, COUNCIL. GOOD EVENING.

Mayor Garcia: ARE YOU SAYING THAT THE SCHOOL DISTRICT AND THE COUNTY CAN'T DO ANYTHING ABOUT IT?

THE SCHOOL DISTRICT CANNOT UNILATERALLY AN BROTHER GATE THE ROBIN HOOD LAW THAT REQUIRES IT TO PASS ON A LOT OF ITS TAXES. THE COUNTY DOES HAVE CERTAIN DISCRETION, BUT IT'S NOT GOING TO VARY GREATLY. YOU, HOWEVER, DEPENDING ON HOW YOU LOOK AT IT, YOU HAVE EITHER $183 MILLION OR $263 MILLION IF YOU INCLUDE THE NEXT YEAR'S OVERCOLLECTION.

Mayor Garcia: I WAS ON THE SCHOOL BOARD FOR SIX YEARS AND WE HAD DISCRETION. THIS WAS BEFORE THE SENATE BILL 41, BUT STILL WE HAD DISCRETION. THIS BOARD ALSO HAS. THAT'S WHY THEY'RE THERE.

YES.

Mayor Garcia: MR. ALBERT AL METZ. AND FOLLOWING HIM IS JENNIFER McVALE.

GOOD EVENING AGAIN. YOU HEAR US TALK AND TALK ABOUT SIDEWALKS. YOU DON'T KNOW WHERE WE'RE AT. [ INAUDIBLE ] THEY DON'T COMMUNICATE. AND THEY OVERLAP. [ INAUDIBLE ] THANK YOU.

I'M JENNIFER McVALE AND I'M ALSO WITH ADAPT OF TEXAS AND WE'RE GOING TO GIVE YOU THE ABBREVIATED VERSION OF OUR GROUP TONIGHT BECAUSE THE FOLKS HAD TROUBLE WITH TRANSPORTATION HERE AND THEN ALSO OUR LAST BUS OUT INTO TOWN IS COMING UP SOON. SO I'LL SPEAK FOR RONNIE AND BILLY AS WELL. I WANTED TO USE THIS OPPORTUNITY TO REMIND YOU, YOU HEAR US TALKING ABOUT THE NEED FOR SIDEWALK ACCESS, BUT WHAT YOU NEED TO KEEP IN MIND, I DON'T THINK YOU CAN SAY IT TOO OFTEN, IS THAT CURBS THAT KEEP PEOPLE FROM ACCESSING SIDEWALKS ARE FORMS OF DISCRIMINATION. AND WHAT IT CAUSES PEOPLE TO HAVE TO DO IS RISK THEIR LIVES AMONG TRAFFIC. I THINK IT WAS VERY APPROPRIATE THAT SPARKY AND I ARE THE TWO PEOPLE SPEAKING TONIGHT BECAUSE WE BOTH HAVE BEEN HIT BY CARS. AND IT'S COST US A GREAT DEAL. WE VOLUNTEER A LOT OF OUR TIME OVER THE PAST 12 YEARS TO SEEING THAT PEOPLE CAN ACCESS CITY SIDEWALKS. AND IF YOU PASS TOBY'S BUDGET, WE WILL BE ABLE TO KEEP THE MOMENTUM THAT WE JUST RECENTLY GAINED BACK AGAIN AFTER LOSING IT FROM THE TRANSITION FROM PUBLIC WORKS TO CPSZ. THERE'S STILL SOME OVERLAPPING AND I'M NOT REALLY THE EXPERT ABOUT EVERYTHING THAT THEY SHARED TOGETHER, BUT I DO KNOW THAT PUBLIC WORKS SHARES THE RESPONSIBILITY TO ENSURE THAT WHEN THEY RESURFACE STREETS THAT THEY ALSO ENSURE THAT SIDEWALKS IN THOSE AREAS ARE ACCESSIBLE. SO I THINK IT'S APPROPRIATE THAT THEY'RE SMUSHED TOGETHER IN THE PUBLIC HEARING TONIGHT. I THINK THAT TOBY'S BUDGET PROPOSAL IS THE ONLY WAY TO CONTINUE THE MOMENTUM TO ENSURE THAT THE DISCRIMINATION THAT PEOPLE WITH DISABILITIES FACE ON A DAILY BASIS IS EVENTUALLY STAMPED OUT. MY GOAL IS TO HOPEFULLY IN MY LIFETIME SEE THAT FUTURE GENERATIONS OF PEOPLE WITH DISABILITIES HAVE NO IDEA WHAT IT WAS LIKE TO GET INTO THE STREET AND BE FORCED INTO TRAFFIC. I WANT TO KNOW THAT EVENTUALLY SOME TIME WITHIN MY LIFE THAT THE DISCRIMINATION THAT WE FACE ON A DAILY BASIS IS ONLY GOING TO BE TAUGHT IN HISTORY BOOKS OR AT LEAST ON A WIDE SCALE SYSTEM EMPTY TICKLY THAT WE FACE RIGHT NOW WOULD ONLY BE TAUGHT IN HISTORY BOOKS. IT SHOULD BE A THING OF THE PAST AND WE DO UNDERSTAND THAT THESE THINGS HAVE TO BE DONE IN PHASES BECAUSE THEY'RE SUCH A HUGE PROBLEM AND IT DOES TAKE SUCH LARGE AMOUNTS OF TIME AND EFFORT FROM CITY STAFF, BUT I THINK THAT THEY'RE VERY ENTHUSIASTIC, THAT THEY UNDERSTAND THE ISSUE NOW. AT CPSZ, THEY WANT TO DO THE RIGHT THING AND YOU NEED TO PAY FOR IT. SO IT'S A VERY BASIC AND STIMPL THING. YOU CAN'T DO THE RIGHT TYPES OF WORK THAT YOU NEED TO DO. YOU CAN'T -- YOU WON'T BE ABLE TO ACHIEVE JUSTICE WITHOUT PAYING FOR IT WITH SOME SACRIFICE, BOTH FINANCIALLY AND PHYSICALLY. AND WE'VE DONE THAT.

Mayor Garcia: WE'RE GOING TO GIVE YOU THREE MORE MINUTES BECAUSE MR. RON CRANSTON GAVE YOU THREE MORE MINUTES.

OKAY, THAT'S FINE. I'LL TRY NOT TO USE ALL THREE OF THEM BECAUSE LIKE I SAID, I PROMISED YOU I'D BE BRIEF. BUT I WANTED TO REMIND YOU THAT THOSE OF US FROM THE DISABILITY COMMUNITY HAVE BEEN SACRIFICING OUR SAFETY FOR YEARS. SO THE APPROXIMATELY $1.6 MILLION THAT TOBY HAS SUGGESTED IN THE BUDGET OR PROPOSED IN THE BUDGET IS A DROP IN THE BUCKET COMPARED TO WHAT FOLKS HAVE BEEN EXPECTED TO SACRIFICE ALL THESE YEARS. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO ASK.

Mayor Garcia: QUESTIONS? THANK YOU VERY MUCH. AND WE WILL BE APPROVING THIS BUDGET ON THE NINTH, 10 10th AND 12TH OF SEPTEMBER.

YES, SIR, I REMEMBER. I'VE GOT IT IMPLANTED IN MY BRAIN, SO I'LL SEE YOU THEN. IF NOT BEFORE THEN.

Mayor Garcia: SPARKY IS LAUGHING AT ME. THAT'S ENOUGH OUT OF YOU, SPARKY.

ARE YOU GOING TO TELL HIM TO PUT HIS SHOES ON?

Mayor Garcia: THANK YOU VERY MUCH. THANK YOU FOR COMING. MR. ROBIN CRAVEY, I DON'T SEE HIM HERE, BUT HE LEFT A NOTE. I DON'T BELIEVE THE CUTS AND SERVICES CONTEMPLATE UNDERSTAND THIS BUDGET ARE TOO SEVERE, THEREFORE I URGE THE COUNCIL TO INCREASE THE PROPERTY TAX RATE IN ORDER TO COVER SO MUCH OF THE REVENUE SHORTFALL. THANKS, ROBIN CRAVEY. AND THEN MR. CRANSTON DONATED HIS NAME TOOIM TO JENNIFER McVALE. MR. FELIX BRIENOS INDICATED HE DOES NOT WISH TO SPEAK, BUT HE'S FOR THE BUDGET. SO THAT'S ALL THE SPEAKERS AND I'LL ENTERTAIN A MOTION TO CLOSE THIS PUBLIC HEARING. MOTION BY THE MAYOR PRO TEM. SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THE LAST PUBLIC HEARING IS TO CONDUCT A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE ZONING AND PLATTING COMMISSION'S DECISION TO DENY AN ADMINISTRATIVE AMENDMENT TO THE HARRIS BRANCH PLANNING UNIT DEVELOPMENT LAND USE PLAN. THE PROPOSED SITE IS LOCATED AT 1375 U.S. HIGHWAY 290 EAST AT HARRIS BRANCH PARKWAY, FILE NUMBER C 814-90-003.12. THE APELL APPELLANT IS MR. JOHN MCCOLLOUGH, HB PROPERTIES LIMITED, APPLICANT FOR HARRIS BRANCH PLANNED UNIT DEVELOPMENT. THE AGENT IS CHARLES STEINMAN.

GOOD EVENING. COUNCILMEMBERS, I'M SUSAN VILLA REAL WITH WATERSHED PROTECTION AND DEVELOPMENT REVIEW. AS NOTED, THIS IS AN APPEAL OF AN ADMINISTRATIVE REVISION TO A PLANNED UNIT DEVELOPMENT LAND PLAN. BASICALLY THE LANDOWNER HAD AN APPLICATION FOR PRELIMINARY PLAN AND FOR REVIEW, AND AS A RESULT OF THAT THE STAFF REQUIRED THE APPLICANT TO REVISE THE P.U.D. ZONING LAND USE PLAN TO SHOW THE ALIGNMENT OF GREG HOWARD LANE. IN ORDER TO DO THAT THEY FILED AN ADMINISTRATOR REVISION, WHICH WAS APPROVED BY STAFF AFTER REVIEW, AND THAT REVISION WAS APPEALED TO THE ZONING AND PLATTING COMMISSION. THE ZONING AND PLATTING COMMISSION, WHICH HEARD CONCERNS FROM SURROUNDING NEIGHBORS AND FROM TRAVIS COUNTY CONCERNING THE FACT THAT ALTHOUGH THE LAND PLAN SHOWS THE ROAD ON PAPER, THERE WAS NO PLAN FOR WHAT YOU CALL THE PRACTICAL EXTENSION OF GREG HOWARD LANE, MEANING THEY DID NOT FEEL THE ROAD WOULD ACTUALLY BE BUILT. THE ZONING AND PLATTING COMMISSION UPHELD THE APPEAL. THAT BRINGS US TO TODAY'S MEETING. THE APPLICANT IS APPEALING THAT DECISION TO YOU. AND THAT IS THE HISTORY OF THE ACTION. WHAT STAFF IS RECOMMENDING IS THAT THE RESOLUTION INCLUDE ITEMS TO ADDRESS THE CONCERNS THAT WERE RAISED IN PREVIOUS PUBLIC HEARINGS RELATIVE TO THE ALIGNMENT OF GREG HOWARD LANE, TYING THAT DOWN SO THAT THE COUNTY AND THE NEIGHBORING PROPERTY OWNERS KNOW WHAT THE FUTURE PLAN FOR THE ROAD IS. AND THAT BEING THE FIRST STEP TOWARDS ACTUALLY CONSTRUCTING THE PIECE WHICH I BELIEVE IS ABOUT 3,000 LINEAR FEET OF ROAD THAT IS IN THE CITY. THE REST OF GREG HOWARD LANE TO THE EAST AND WEST OF THIS PROPERTY IS IN TRAVIS COUNTY. AND ONE PORTION OF HAVING THE OWNER'S GRANT THE RIGHT-OF-WAY WOULD BE THAT THEY WOULD BE RELIEVED FROM FISCAL RESPONSIBILITY FOR THE BUILDING OF THE ROADWAY. AND THAT IS BASICALLY A BRIEF DESCRIPTION OF THE ITEM. I'D BE HAPPY TO ANSWER ANY QUESTIONS.

Mayor Garcia: QUESTIONS? I HAVE A QUESTION. ARE WE GOING TO TAKE ACTION ON GRANTING OR DENYING OR AFFIRMING?

YOU WOULD BE GRANTING THE APPEAL. THE RESOLUTION READS THAT YOU WOULD BE GRANTING THE APPEAL WITH CONDITIONS. AND WE WOULD MEMORIAL LIES THE CONDITIONS. YOU WILL BE DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AT WHICH THE RESOLUTION WILL BE AN EXHIBIT AND THE AGREEMENT WILL CARRY OUT THE ITEMS SPOKEN TO IN THE RESOLUTION.

Mayor Garcia: WAS THAT WHAT THE COMMISSION RECOMMENDED.

WHAT THE ZONING AND PLATTING COMMISSION RECOMMENDED? NO. THE ZONING AND PLATTING COMMISSION SIMPLY VOTED TO UP HOLD THE APPEAL, WHICH WOULD GO BASICALLY BACK TO A TWO-PAGE LETTER WRITTEN BY MR. JACK GULLIHORN THAT REAZED A NUMBER OF ISSUES WHICH I THINK CAN BE FAIRLY SUMMARIZED AS CONCERN OVER THE PRACTICAL EXTENSION OF THE ROADWAY AND THE TRAFFIC AND CONGESTION THAT WOULD RESULT IN HIS AREA SHOULD THE ROADWAY NOT BE BUILT THROUGH.

Mayor Garcia: THE ZONE WILLING AND PLATTING COMMISSION DENIED THE ADMINISTRATIVE AMENDMENT?

CORRECT, THEY UPHELD THE APPEAL. STAFF GRANTED THE REVISION WHICH IS ALLOWED ON A P.U.D. USE PLAN BY CODE, BUT IT ALSO ALLOWS INTERESTED PARTIES TO APPEAL THAT STAFF DECISION, SO THEY APPEALED IT TO THE ZONING AND PLATTING DECISION. AND THE ZONING AND PLATTING DECISION UPHELD MR. GULLIHORN APPEAL.

Mayor Garcia: IS THERE ANYONE HERE TO SPEAK ON THIS ONE ISSUE?

MAYOR, I'D LIKE TO ADD THAT I'VE SPOKEN WITH MR. GULLIHORN AND MR. SUTTLE, WHO IS ALSO AN INTERESTED PARTY TO THIS CASE AND THEY ARE SUPPORTIVE AND FEEL THEIR CONCERNS HAVE BEEN ADDRESSED BY WHAT THE STAFF HAS PREPARED. SO THE ITEMS IN MR. GULLIHORN'S APPEAL HAD TO DO WITH THE REGIONAL ROADWAY. THE PRACTICAL EXTENSION WAS I THINK HIS MOST IMPORTANT POINT AND TRAVIS COUNTY'S CONCERN WAS THAT THEY ARE SPENDING MONEY ON DESIGN RIGHT NOW FOR THE ROAD. THEY DON'T WANT TO BUILD A ROAD FROM I-35 TO 130 AND HAVE A 3,000-FOOT GAP IN THE MIDDLE, WHICH IS THE PART THAT'S WITHIN THE CITY LIMITS.

Mayor Garcia: THERE'S NO SPEAKERS ON THIS ONE, SO I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. AND DO WHAT SUSAN SAID WE'RE SUPPOSED TO DO. [ LAUGHTER ] BECAUSE I DON'T -- I COULDN'T REPEAT IT IF YOU ASKED ME TO DO IT. MOTION BY THE MAYOR PRO TEM.

Slusher: IS THAT FOR APPROVAL OR JUST THE PUBLIC HEARING?

Mayor Garcia: DO YOU WANT TO SEPARATE THEM? SEPARATE THE MOTIONS?

> Slusher: YEAH, BECAUSE I HAD A QUESTION OR TWO.

Mayor Garcia: I DIDN'T CONSIDER THAT AT THE TIME OF DISCUSSION, BUT WE WILL VOTE TO CLOSE THE PUBLIC HEARING. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. A QUESTION BY COUNCILMEMBER SLUSHER.

Slusher: IS THIS COSTING US ANY MONEY?

IS THAT A SCE QUE FOR ME?

Slusher: YOU OR THE CITY MANAGER.

LET ME ADD ONE MORE THING.

Futrell: THIS IS WHAT I GET FOR RANTING AND RAVING IN THE BACK. YES, WE WILL HAVE SOME COST IN BUILDING THIS ROAD. A SMALL SECTION OF THIS ROAD IS IN THE CITY LIMITS. IT'S ESTIMATED TO COST US ABOUT $2.7 MILLION. IT IS A CRITICAL LINK BETWEEN I-35 AND 130. THE BULK OF IT WILL BE BUILT BY THE COUNTY. THE COUNTY IS IN THE DESIGN STAGE NOW, BUT IF YOU DON'T DO THIS, THE CHANCE THAT WE WILL GET THE RIGHT-OF-WAY NEEDED FOR THIS SECTION OF THE ROAD IS GONE. THIS GIVES YOU THE RIGHT-OF-WAY AND THE ABILITY TO GET THAT ROAD DONE. THE WAY THAT P.U.D. IS LAID OUT RIGHT NOW, IT'S POSSIBLE THIS ROAD WOULD NEVER BE BUILT, THIS SECTION OF THE ROAD. IF THE LAND WAS NOT SUBDIVIDED OR PLATTED ON THIS SECTION, WHICH IT WOULD NOT NEED TO BE THE WAY IT'S LAID OUT, THIS CRITICAL CONNECTION TO THE ROAD MAY NEVER GET BUILT.

Slusher: WHAT'S THE NAME OF THE ROAD?

Futrell: IT'S HOWARD LANE.

Slusher: YOU THINK THE DEVELOPER MAY NOT WANT TO GET THE ROAD BUILT.

HE HAS ACCESS FROM ANOTHER EXISTING ROAD AND HAS THE BULK OF HIS DEVELOPMENT HAPPENING ON OTHER SECTIONS OF THE P.U.D. SO BY NEVER PLATTING ALONG THIS CORNER, THESE TWO CORNERS, THE ROAD -- NOTHING WOULD TRIGGER THE ROAD BEING BUILT. WHAT THIS GETS US IS ALL THE RIGHT-OF-WAY, THE ABILITY TO GET THE ROAD BUILT, THIS SECTION OF THE ROAD, SO THE TRADE-OFF HERE IS WE GET THE LAND FOR THE RIGHT-OF-WAY AND THE ABILITY TO COMPLETE THIS SMALL SECTION, BUT OF A CRITICAL LINK, I-35 TO 130.

AND COUNCILMEMBERS, LET ME ADD TO STRESS ONE THING THAT THE CITY MANAGER IS SAYING. THE CRITICAL ELEMENT OF THIS THAT WAS MISSING WHEN IT WENT BEFORE THE BOARD WAS THAT WE WERE NOT GETTING THE LAND DEDICATED IN THE RIGHT-OF-WAY DEDICATE DEDICATED TO US. THAT WAS THE CONCERN THAT THE COUNTY HAD AND THAT ADJACENT PROPERTY OWNERS HAD ON THIS ROAD EVER BEING BUILT. THAT CONDITION HAS CHANGED. THAT'S WHY THE CONCERNED NEIGHBORS ARE NOT HERE AND THAT CHANGES IS SIGNIFICANTLY.

Slusher: DO WE HAVE ANY IDEA HOW MUCH THAT RIGHT-OF-WAY IS WORTH?

I DID LOOK AT TCAD FOR THE NUMBERS AND THERE IS A PIECE OF THIS 4 HUNDRED ACRES THAT IS PLATTED. AND JUST BASED ON THAT, I BELIEVE IT WAS ABOUT 200,000. I HAVE IT HERE.

Slusher: YOU'RE SAYING THE -- WHAT DID YOU SAY, 5 HUNDRED ACRES?

4 HUNDRED ACRES. THE P.U.D. IS LARGER THAN THAT, BUT THE PRIMARY DEVELOPED PORTION ALONG PARMER LANE IS ABOUT FOUR HUNDRED ACRES.

THAT SEEMS A LITTLE LOW FOR THE APPRAISAL THERE. IT WOULD ONLY BE ABOUT $400 AN ACRE. BUT THAT'S THE TCAD, NOT THE MARKET APPRAISAL.

RIGHT. I WAS JUST ABLE TO LOOK AT TCAD.

Slusher: SO YOU'RE RECOMMENDING THIS, CITY MANAGER?

I AM RECOMMENDING IT AND I HAD MANY OF THE SAME QUESTIONS AND MANY OF THE SAME CONCERNS, BUT THE REALITY IS WE'RE GOING TO NEED TO FINISH THIS SECTION OF THE ROAD, AND THIS APPEARS TO BE THE CHEAPEST WAY TO GO ABOUT IT. IT DOES NOT APPEAR THAT WE HAVE THE ABILITY TO HAVE THE DEVELOPER BUILD THIS ROAD FOR A VARIETY OF REASONS, INCLUDING YOU MAY NEVER SUBDIVIDE OR PLAT THAT LAND. SECOND, HE HAS FULL AND TOTAL ACCESS FROM ANOTHER AREA. AND WE DO NEED THIS CONNECTION. IT WILL BE THE EAST-WEST THOROUGHFARE THAT WILL GET YOU FROM I-35 TO 130. SO HERE WE AT LEAST GET THE RIGHT-OF-WAY IN PLACE AND THE ALIGNMENT OF THE ROAD LOCKED DOWN, AND YES, I RECOMMEND IT.

Slusher: OKAY.

Mayor Garcia: FURTHER QUESTIONS? OKAY. IF NOT, I'LL ENTERTAIN A MOTION DO ALL THAT.

MAYOR, MAY I ADD TWO CORRECTIONS WE'VE MADE TO THE RESOLUTION. ONE IS IT'S IN ITEM NUMBER 4. THE THIRD LINE SHOULD READ, WITHOUT ANY REQUIREMENT FOR ADDITIONAL RIGHT-OF-WAY DEDICATION FOR GREG HOWARD LANE BEYOND THE RIGHT-OF-WAY CONVEYED BY STREET D. AND THEN AS THE LAST PART OF THAT PARAGRAPH, NOR ARE THEY EXEMPT FROM FINANCIAL RESPONSIBILITY FOR IMPROVEMENTS OTHER THAN THE DESIGN AND CONSTRUCTION -- WAIT, EXCUSE MY. DESIGN, ENGINEERING AND CONSTRUCTION OF GREG HOWARD LANE. AND I HAVE THE APPRAISAL DISTRICT PAPERWORK IF YOU'D LIKE TO LOOK AT IT.

Mayor Garcia: SO THIS IS GOING TO BE BY RESOLUTION?

CORRECT.

Mayor Garcia: OKAY. I'LL ENTERTAIN A MOTION TO APPROVE THE RESOLUTION. MOTION BY THE MAYOR PRO TEM. IS THERE A SECOND? COUNCILMEMBER WYNN SECONDS THE MOTION. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. THAT'S ALL OF THE ITEMS IN THE PUBLIC HEARING AND THAT LEAVES ITEM NUMBER 59, WHICH I'LL CALL UP AT THIS TIME. AND THIS ONE WAS PULLED BY COUNCILMEMBER THOMAS, SO I'LL RECOGNIZE THE COUNCILMEMBER AT THIS TIME.

Thomas: THANK YOU VERY MUCH, MAYOR. THE LAST TIME THE ITEM WAS HERE WE JUST WANTED TO CHANGE SOME WORDING AND DELETE SOME AND ADD SOME. I DID HAVE THE CITY CLERK DELETE THE INFORMATION THAT NEEDED TO BE DELETED. SHE CAN READ THAT INTO THE RECORD.

Mayor Garcia: HOW LONG IS THE RESOLUTION?

IT'S SHORT.

Thomas: IT'S SHORT.

Mayor Garcia: WHY DON'T YOU READ THE WHOLE RESOLUTION.

THE CITY COUNCIL APPROVES THE NEGOTIATION OF AN INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES TO PARTICIPATE IN THE GREATER AUSTIN CHAMBER OF COMMERCE'S PROJECT AMERICAN DREAM REGARDING THE USE OF TAX OR CLOSED PROPERTY FOR FOCIALG. THE CITY COUNCIL FURTHER APPROVES THE COMMUNITY DEVELOPMENT COMMISSION SERVING IN AN ADVISORY ROLE IN THE THE ADMINISTRATION OF PROJECT AMERICAN DREAM AND AUTHORIZED THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO NEGOTIATE SUCH AMENDMENTS, CONTRACTS, DOCUMENTS, INSTRUMENTS, WRITTEN REQUESTS AND OTHER PAPERS AS MAY BE FAVORABLE, NECESSARY, VEENTD OR REQUIRED TO CARRY OUT OR ASSIST IN CARRYING OUT THE PURPOSES OF THIS RESOLUTION. THE CITY COUNCIL FURTHER APPROVES THE HAFC TO RECEIVE, ACQUIRE THESE FORECLOSED PROPERTIES AND WITH TRAVIS COUNTY, ACC, AISD, ARA AND THE CHAMBER TO ESTABLISH AN EQUITABLE PROCESS FOR PURCHASE AND FIRST RIGHT OF REFUSAL FOR NEIGHBORHOODS, CACO'S.

Mayor Garcia: WE HAVE SOME SPEAKERS ON THIS ONE. COUNCILMEMBER, DO YOU WANT TO LISTEN TO THE SPEAKERS NOW?

Thomas: WE CAN.

Mayor Garcia: OKAY. SANDY HEDGES. AND FOLLOWING HER IS MARY ANNE ALLY, SHE LEFT A STATEMENT. DEAN JOHNSON. IS SHE HERE? BUT YOU'RE THE RESOURCE, RIGHT? SYLVIA HERRERA. SUSANA ALMANZA. I DON'T THINK ANY OF THEM ARE HERE. SANDY, WELCOME.

MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, THANK YOU FOR SAVING THE BEST ISSUE FOR LAST. PROJECT AMERICAN DREAM, THE PURPOSE OF THIS PROGRAM IS TO GET FAMILIES INTO HOMES, PEOPLE WHO DON'T CURRENTLY HAVE THEM. WHAT WE'RE PROPOSING TO DO IS TAKE PROPERTIES THAT ARE CURRENTLY VACANT AND IN A STATE OF LEGAL LIMBO AND GETTING THOSE INTO THE HANDS OF NONPROFIT HOUSING DEVELOPMENT CORPORATIONS WHO CAN PUT HOMES ON THOSE PROPERTIES AND GET FAMILIES INTO THOSE HOMES. THE CURRENT PROCESS BEING -- THE CURRENT PROCESS FOR PROPERTIES THAT ARE FORECLOSED BY THE COUNTY IS THAT AFTER TAXES ACCRUE TO A CERTAIN LEVEL, WHICH SOMETIMES SEEMS A BIT ARBITRARY, BUT GENERALLY AFTER 10, 15 OR 20 YEARS OF DELINQUENCY ON THEIR TAXES, FORECLOSURE PROCESS BEGINS. THOSE PROPERTIES ARE FORECLOSED UPON AN THEN THE COUNTY TAKES THOSE PROPERTIES ON BEHALF OF THE TAXING ENTITY TO THE COURTHOUSE STEPS AND ATTEMPTS TO SELL THOSE PROPERTIES. THE PROPERTIES THAT ARE NOT -- THE LOTS THAT ARE NOT SOLD DURING THAT PROCESS ARE PUT ON WHAT'S CALLED A STRIKE OFF LIST. BASICALLY THEY'RE PUT IN LEGAL LIMBO. THE COUNTY HOLDS THOSE PROPERTIES INTEREST FOR THE TAXING ENTITY UNTIL SUCH TIME AS THEY CAN SELL THOSE PROPERTIES FOR LESS THAN THE MINIMUM BID, WHICH IS THE AMOUNT OF THE BACK TAXES, THE DELINQUENT TAXES. WHAT WE'RE PROPOSING, AND AT THIS POINT ALL THE DETAILS HAVEN'T BEEN WORKED OUT, BUT WHAT WE'RE PROPOSING IS A PROCESS FOR TAKING THOSE PROPERTIES AT THE TIME THAT THEY'RE STRUCK OFF, LEAVING THEM TO AN ENTITY THAT WILL BE DETERMINED, THAT WOULD HOLD ON TO THE PROPERTIES DURING THE REDEMPTION PERIOD, AFTER WHICH TIME THEY WOULD BE GIVEN TO CHOTA OR NEIGHBORHOODS AND IF THERE'S NOT A CHODO IN THAT NEIGHBORHOOD OR ANOTHER HOUSING ORGANIZATION THAT'S NONPROFIT TO DEVELOP THOSE PROPERTIES AND PUT SINGLE-FAMILY HOMES ON THEM AND GET LOW INCOME FAMILIES INTO THOSE HOMES. WHAT WE'RE ASKING OF COUNCIL TODAY -- OR I SINCE I'M THE ONLY ONE HERE, IS THAT COUNCIL DIRECT STAFF TO PARTICIPATE IN THE NEGOTIATION TO DEVELOP THIS PROGRAM. ALL WE'RE LOOKING FOR IS THAT. WE'RE NOT LOOKING FOR ANY SPECIFIC SPECIFICS TO BE DEVELOPED HERE, BECAUSE WE FEEL IT'S VERY IMPORTANT THAT EVERYBODY WITH AN INTEREST IN THIS PROGRAM BE IN THE ROOM AT THE SAME TIME TO DISCUSS THIS ISSUE. THERE ARE MANY QUESTIONS THAT WILL COME UP AND WE'VE BEEN TAKING NOTE OF THOSE AND ANSWERING THEM AS WE CAN, BUT THERE ARE MANY THAT ALSO NEED TO BE ADDRESSED BY US HAVING ALL OF THE TAXING ENTITIES REPRESENTED AS WELL AS THE CITY'S COMMUNITY DEVELOPMENT COMMISSION, CAN HAS TO PASS A RESOLUTION IN SUPPORT OF THIS PROGRAM, CHOTA ROUND TABLE AND OTHER ORGANIZATIONS. THAT'S ALL I HAVE TO SAY, MR. MAYOR. IF ANYONE HAS ANY QUESTIONS, I'LL BE GLAD TO ANSWER THOSE.

Mayor Garcia: QUESTIONS?

Goodman: YES.

Mayor Garcia: MAYOR PRO TEM.

Goodman: JUST TO BE REALLY CLEAR ABOUT IT, BECAUSE SOME PEOPLE REALLY HAVE ASSUMED MANY THINGS ABOUT THIS INITIATIVE THAT ARE NOT PART OF THE PHASE THAT WE'RE TRYING TO ADDRESS HERE. SO CAN YOU ESTIMATE, NUMBER ONE -- OR MAYBE PAUL CAN ACTUALLY -- HOW MANY FORECLOSURES THERE ARE ROUGHLY IN A YEAR, AND OF THOSE, ROUGHLY HOW MANY LOTS DO WE THINK WOULD FALL INTO THIS STRUCK OFF CATEGORY IN ANY GIVEN YEAR?

I CAN TELL YOU IT RIGHT NOW, THAT THERE ARE CURRENTLY APPROXIMATELY 39 PROPERTIES ON THE STRUCK OFF LIST, BUT PAUL HAS REVIEWED THOSE. A NUMBER OF OTHER FOLKS HAVE IN GIVING ESTIMATES BETWEEN FIVE AND MAYBE 15 OF THOSE MIGHT BE APPROPRIATE FOR THIS PROGRAM. OTHERS COULD BE POSSIBLY IN THE FLOODPLAIN, INAPPROPRIATE FOR HOUSING FOR THAT REASON OR MAYBE THERE'S A SLIVER PIECE OF PROPERTY. THERE'S MANY REASONS WHY THEY WOULD BE INAPPROPRIATE.

AND PAUL HILGERS, COMMUNITY DEVELOPMENT OFFICER. I THINK A COUPLE OF THINGS TO GET TO THE HEART OF YOUR QUESTION ABOUT WHERE WE ARE IN THIS PROCESS, BUT FIRST THE ANSWER OF HOW MANY PROPERTIES R. ON THE FORECLOSURE LIST, ON THE STRUCK OFF LIST I THINK IS ACCURATE, ABOUT 39 NOW AS I UNDERSTAND IT. BUT THE QUESTION IS HOW MANY OF THOSE ARE AVAILABLE AND APPROPRIATE FOR HOUSING. THE OTHER KEY POINT I THINK THAT WOULD BE HELPFUL FOR FOLKS TO UNDERSTAND IS THAT THIS IS AFTER THEY HAVE GONE THROUGH AT THIS POINT THE ENTIRE FORECLOSURE PROCESS, BEEN TAKEN TO THE COURTHOUSE STEPS AND NOT PURCHASED. IT'S REALLY IMPORTANT TO REITERATE THAT FACT. I THINK THE OTHER FACT THAT'S IMPORTANT ABOUT THIS INITIATIVE IS THAT WE REALLY NEED TO LOOK AT LEGISLATION THAT WOULD ALLOW US TO FIND NEW WAYS TO GET TAXING JURISDICTIONS TO HELP LESSEN THE CONCERN ABOUT FAMILIES WHO -- AND HAVING ANY INCENTIVE TO FORECLOSE IS ONE THAT WOULD BE ADDRESSED BY THIS ROUND TABLE, BY THIS DISCUSSION. SO THOSE PROTECTIONS COULD BE PUT INTO PLACE BY ALL OF THESE ENTITIES THAT WOULD BE ADDRESS, HOWEVER WE CAN PUT THESE POLICIES AND PROCEDURES IN PLACE BEFORE WE EXECUTE THIS INTERLOCAL AGREEMENT. I HOPE THAT'S HELPFUL TO YOU.

Goodman: THANK YOU.

Mayor Garcia: MAYOR PRO TEM, IF I MAY. ON THE RESOLUTION, MS. BROWN, IN THE SEVENTH LINE WHERE IT SAYS THE CITY'S DESIGNEE TO NEGOTIATE AND EVERYTHING AFTER THAT, EXECUTE AND AFFIX THE SEALS TO SUCH -- THE WORD TO, YOU NEED TO SCRATCH THAT OUT BECAUSE WE SCRATCH THAT OUT AND AT THE TOP WE SCRATCHED OUT NEGOTIATION AND EXECUTION.

THAT WAS DELETED AND THE WORD EXECUTION AT THE TOP WERE DELETED. MAYOR AND THE SEVENTH LINE YOU NEED TO DELETE EXECUTE, ASSESS AND -- AND PUT NEGOTIATE SUCH CONTRACT, AMENDMENTS AND OTHER PAPERS... OKAY? AND THAT'S -- COUNCILMEMBER THOMAS IS IN AGREEMENT WITH THAT. THANK YOU, SANDY. MARY ANNE NEELY LEFT A NOTE THAT SAYS I AM THE VOLUNTEER CHAIR OF THE AFFORDABLE HOUSING TASKFORCE OF THE AUSTIN CHAMBER OF COMMERCE. THIS AGENDA ITEM IS TO BEGIN DISCUSSIONS WITH THE OTHER TAXING ENTITIES, TRAVIS COUNTY, AISD AND ACC TO TAKE UNOCCUPIED LAND THAT TRAVIS COUNTY HAS FORECLOSED ON AND TAKEN TO THE COURTHOUSE STEPS WHERE IT HAS NOT -- WHERE IT HAS NOT SOLD AND DEVISE A PROCESS FOR A QUALIFIED NONPROFIT WILL BE -- WILL BUILD LOW INCOME HOUSING. THAT'S FROM MARY ANNE NEELY. DEANN IS HERE AS A RESOURCE. MS. HERRERA IS AGAINST IT AND I THINK IT HAS TO DO WITH THE ISSUE SHE MENTIONED EARLIER ABOUT THE GENTRIFICATION. SUSANNA ALMANZA HAD THE SAME ISSUES. THOSE ARE ALL THE SPEAKERS THAT WE HAVE. COUNCILMEMBER THOMAS, DO YOU HAVE A MOTION ON THIS ITEM?

Thomas: YES, SIR, ACCEPT IT AS READ.

Mayor Garcia: OKAY. DOES EVERYBODY UNDERSTAND WHAT WE DELETED FROM THE RESOLUTION ITSELF?

Goodman: MAYOR, I WOULD LIKE TO HEAR IT AGAIN SINCE IT WAS AN AMENDMENT TO AN ITEM THAT OTHER COUNCILMEMBERS BROUGHT FORWARD. WE DON'T SEE IT, WE'RE ONLY HEARING IT.

Mayor Garcia: DO YOU WANT ME TO READ IT AGAIN?

Goodman: WHAT I HAVE IN FRONT OF ME DOES NOT HAVE THOSE PARTICULAR AMENDMENTS.

Mayor Garcia: ON THE ONES THAT WERE READ INTO THE RECORD, THE FIRST LINE WHERE IT SAYS THE CITY COUNCIL APPROVES THE NEGOTIATION AND EXECUTION, THAT WAS DELETED. AN EXECUTION WAS DELETED. THE SEVENTH LINE THAT STARTS OUT, CITY MANAGER'S DESIGNEE TO NEGOTIATE, THE WORDS EXECUTE, I TEST AND AFFIX THE CITY'S SEAL TO, DELETE IT AND SO IT WOULD READ THE CITY MANAGER'S DESIGNEE TO NEGOTIATE SUCH AMENDMENTS. SO JUST TAKING OUT THE EXCUSE PARTS -- EXECUTION PART OF IT.

Goodman: NO. THERE WAS A PART READ ABOUT AHFC BEING THE RECEIVING OR ACQUIRING ENTITY AND SOMETHING ABOUT ESTABLISHING AN EQUITABLE PROCESS FOR THE CHOTA. AND ARA WAS MENTIONED. I DON'T HAVE THAT.

THE VERY LAST SENTENCE.

Mayor Garcia: CAN YOU READ THAT LAST SENTENCE AGAIN.

SURE. THE CITY COUNCIL FURTHER APPROVES THE AHFC TO RECEIVE, ACQUIRE THESE FORECLOSED PROPERTIES. AND WITH TRAVIS COUNTY, ACC, AISD, ARA AND THE CHAMBER, ESTABLISH AN EQUITABLE PROCESS FOR PURCHASE AND FIRST RIGHT OF REFUSAL FOR NEIGHBORHOODS CHDO'S.

Mayor Garcia: THAT'S PART OF THE RESOLUTION.

Goodman: WELL, THAT WOULD BE NICE. THAT IMPLIES SOMETHING, THOUGH, THAT WHAT WE HAD ORIGINALLY SAID, AND HAVE YOU IN YOUR BACKUP A VERY IDENTIFIED AS A DRAFT COPY OF WHAT LANGUAGE --

Mayor Garcia: LET ME ASK YOU A QUESTION. IS THIS CONSISTENT WITH WHAT YOUR AFFORDABLE HOUSING TASKFORCE WANTED TO DO.

Goodman: NOT EXACTLY. IT WAS A LITTLE BIT OF A CHANGE. AND IT MAY NOT BE --

Mayor Garcia: SHOULD WE POSTPONE THIS UNTIL NEXT WEEK?

Goodman: NO. I WOULD BE KILLED AS SOON AS I WALKED OUT THE DOOR. COULD I ASK SANDY, THOUGH, IF SHE THINGS THAT ADDING THAT -- THAT ESTABLISHING A PROCESS, AN EQUITABLE PROCESS IS POSSIBLE?

I THINK IT'S EXACTLY WHAT WE'RE LOOKING FOR. I THINK THE DIFFERENCE IS IN STATING THAT THE CITY REQUESTS THAT IT BE -- OR THAT AHFC BE THE ACQUIRING ENTITY IS AN ISSUE THAT SHOULD BE NEGOTIATED BY ALL THE PARTIES. THERE ARE SOME FOLKS AMONG THE CHDO'S WHO WOULD RATHER IT NOT BE AHFC. THERE ARE OTHERS WHO DOESN'T. I THINK IT'S SOMETHING THE GROUP SHOULD COME TO A CONCLUSION ON AND A RESOLUTION. IF IT'S IN THE OPINION OF THE COUNCIL THAT THAT WOULD BE YOUR RECOMMENDATION WITHOUT TYING THE HANDS OF CITY STAFF, FS IF THAT'S WHAT THEY ABSOLUTELY HAVE TO COME BACK WITH. I DON'T WANT CITY STAFF TO BE IN A POSITION WHERE THEY'RE HANDS ARE TIED AND TO COME UP WITH THE MOST EQUITABLE AND THAT'S ALSO INCLUDED IN THAT.

Goodman: SO FOR MYSELF, LET ME ASK COUNCILMEMBER THOMAS IF THAT CAN BE A RECOMMENDED ISSUE TO PURSUE. SINCE THIS IS A MULTIPLE TAXING ENTITY INITIATIVE, IF WE'RE TRYING TO CONTROL IT WHEN WHAT THIS REALLY HAD TO DO WITH WAS STEPPING OUT AND SAYING, EVEN THOUGH EVERYBODY ELSE HAS TO AGREE, ALL TAXING ENTITIES HAVE TO AGREE TO US TO DO THIS, WE'RE SAYING IT'S WORTH IT AND SO FOR THE CITY -- AND NOT ONLY THE CITY WERE STEPPING OUT, BUT IF IT WORKS WE CAN ONLY BE ONE PARTNER. WE CAN'T CONTROL IT PER SE. WE CAN ONLY SUGGEST THAT SHFC WOULD BE WHAT WE THINK WOULD BE A GOOD --

Thomas: WE CAN CHANGE THAT. I WAS JUST BASICALLY GOING ON THE E-MAIL THAT I RECEIVED FROM HER AND SOME OF THEM AND THE WORDING WAS FROM HER E-MAIL. SO WE CAN DO THAT. I HAVE NO PROBLEM.

THERE WAS AN E-MAIL THAT I SENT THAT STATED THAT OUR REQUEST OF COUNCIL WAS TO SIMPLY ESTABLISH A PROCESS. IT WAS NOT TO IDENTIFY WHAT THE SPECIFIC DETAILS WERE TODAY.

Goodman: AND THE OTHER PROBLEM, MAYOR, WAS THAT WE JUST HAD IT WHERE CHDO'S, THE ONE IN THE AREA WOULD HAVE FIRST RIGHT OF REFUSAL. SO IN THAT SENSE THERE WASN'T A REAL COMPETITION. OKAY. THANK YOU.

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER DUNKERLEY AND THEN COUNCILMEMBER ALVAREZ.

Dunkerley: WITH THIS ACTION BEING ONLY TO NEGOTIATE AFTER THE PROCESS IS DEVELOPED AND BEFORE WE COMPLETE THE INTERLOCAL, WE WILL KNOW WHAT THAT PROCESS IS, IS THAT CORRECT?

Mayor Garcia: CORRECT. FURTHER QUESTIONS?

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: YES. I DON'T FEEL COMFORTABLE WITH THAT LAST STATEMENT BEING PART OF THE RESOLUTION, AGAIN, BECAUSE TO A CERTAIN DEGREE WE'RE TRYING TO COMMUNICATE TO THE OTHER TAXING ENTITIES IS THAT WE WANT TO SIT DOWN AT THE TABLE AND NEGOTIATE AND COME UP WITH A SYSTEM WE CAN ALL AGREE ON. SO I THINK THAT -- I GUESS BASICALLY ALSO SENDING A MESSAGE AT THE SAME TIME THAT WE WANT AHFC TO GET CONTROL OF ALL THESE PROPERTIES AND IN A SENSE IT'S CONFLICTING MESSAGES. IT MAKES IT SEEM LIKE WE WANT TO CONTROL EVERYTHING AND CALL ALL THE SHOTS, DECIDE WHAT'S GOING TO HAPPEN WITH THE LAND. SO I REALLY DO THINK THAT NEEDS TO BE SOMETHING THAT'S AGREED UPON BY ALL THE DIFFERENT PARTIES. AND AGAIN, WORKING THROUGH THE COMMUNITY DEVELOPMENT COMMISSION AND WORKING WITH ALL THE CHDO'S, ANYONE, ANY NONPROFIT ENTITY THAT'S DEVELOPING AFFORDABLE HOUSING, SO I JUST WANTED TO STATE MY POSITION ON THAT. AND ALSO, I MEAN, I DIDN'T WANT TO -- I DON'T KNOW IF WE'RE GETTING READY TO VOTE ON THIS OR NOT. I DID WANT TO COMMEND THE CHAMBER FOR BRINGING THIS FORWARD. I REALLY DO THINK THIS IS ONE OF THOSE STRATEGIES WE CAN EMPLOY TO ADDRESS THE ISSUE OF ENTRAFICATION. -- GENTRIFICATION. AND THAT'S SOMETHING THAT SOME OF THESE GROUPS THAT HAVE EXPRESSED AN OPPOSITION TO THIS ITEM HAVE BEEN ADVOCATING IS THAT WE DO SOMETHING TO ADDRESS THE GENTRIFICATION. AND WHAT WE'VE BEEN -- I GUESS OUR APPROACH THUS FAR, I THINK, BECAUSE WE'RE LIMITED IN TERMS OF WHAT WE CAN DO TO CONTROL TAXATION AND APPRAISED VALUE IS TO GO OUT, ACQUIRE LOTS, HELP CHDO'S, NONPROFIT GROUPS PROVIDE AFFORDABLE HOUSING, AND RIGHT NOW WHAT WE KNOW IS THAT THE HARDEST PART OF TRYING TO BUILD AFFORDABLE HOUSING IN EAST AUSTIN IS BECAUSE THE LAND VALUES ARE INCREDIBLY HIGH. IF YOU PAY MORE THAN $20,000 FOR A TRACT OF LAND, IT'S GOING TO BE VERY DIFFICULT FOR YOU TO PROVIDE OR TO SELL THE HOME AT AN AFFORDABLE PRICE TO A FAMILY THAT HAS MODEST INCOME. AND SO WHAT THIS DOES, IT SAYS, WELL, THERE'S A POOL OF LAND OUT THERE, TRACTS OF LAND OR LOTS, IN EAST AUSTIN THAT WE CAN TRY TO SET ASIDE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING. AND SO I REALLY DON'T SEE HOW THIS COULD FURTHER GENERAL TRA PHI EAST AUSTIN IF WHAT WE'RE TRYING TO DO IS PRESERVE THAT LAND FOR AFFORDABLE HOUSING, WHICH IS ONE OF THE BIGGEST -- ONE OF THE THINGS WE'RE TRYING TO ACCOMPLISH. BECAUSE WHAT'S HAPPENING NOW -- AND I KNOW THAT OF A COUPLE OF FOLKS AND DEVELOPERS THAT ARE OUT THERE DOING IT, IF THEY GO BY THE LAND AT THE COURTHOUSE STEPS REALLY CHEAPLY, THEY BUILD A HOUSE AND THEN THEY TRY TO GET AS MUCH MONEY OUT OF IT WHEN THEY SELL IT, IF THEY DON'T NECESSARILY TRY TO PROVIDE IT AT AN AFFORDABLE PRICE. SO THAT'S REALLY THE ISSUE WE'RE TRYING TO ADDRESS IS TRYING TO STOP FOLKS FROM SORT OF GETTING AHOLD OF THOSE TRACTS OF LAND IN EAST AUSTIN AND TRYING -- AND THEN TURNING AROUND AND BUILDING, YOU KNOW, A HOUSE AND JUST TRYING TO PROFIT AS MUCH AS THEY CAN FROM IT. THUS FURTHER AFFECTING ALL THE SURROUNDING NEIGHBORHOODS IF INDEED THAT PROPERTY GETS AT A VERY ELEVATED PRICE. SO REALLY I DON'T THINK THAT THIS IS ENCOURAGING GENTRIFICATION AT ALL. IF ANYTHING, THAT'S THE MAIN REASON WE'RE BRINGING IT FORWARD IS TO TRY TO GET MORE LAND TO BUILD MORE AFFORDABLE HOUSING IN EAST AUSTIN AND THUS STABILIZE THE HOUSING VALUES AND MINIMIZE THE AMOUNT OF TAXES THAT THE FOLKS IN EAST AUSTIN ARE PAYING FOR SO THEY DON'T GET BEHIND AND THEY DON'T THEN GET FORECLOSED BECAUSE THEY CAN'T PAY THE AMOUNT OF TAXES THAT THEY KEEP INCREASING FROM THE YEAR TO YEAR. SO I REALLY THINK THAT THIS IS AN INCREDIBLE STEP THAT WE'RE TAKING HERE. I DO WANT TO THANK THE CHAMBER FOR THEIR LEADERSHIP IN RECOGNIZING THAT IT'S NOT JUST THE CITY WHO HAS A STAKE HERE. AND THAT'S REALLY WHY IT'S HARD FOR THE CITY TO MOVE FORWARD AND SAY, OKAY, WE WANT TO SPEARHEAD IT WITH THE COUNTY AND ACC AND IT ALMOST DOES NEED TO BE AN ENTITY THAT SAYS THIS IS SOMETHING THAT'S GOOD FOR THE CITY OF AUSTIN AND WE WANT -- AND THEN THEM APPROACHING THE CITY AND THE COUNTY AND ACC AND TRYING TO GET SOME AGREEMENTS ABOUT HOW WE CAN MAKE THIS HAPPEN. SO I DO WANT TO COMMEND YOU FOR YOUR WORK ON THAT AND THE CHAMBER HAS ALSO BEEN DOING SOME OTHER WORK ON ANOTHER ISSUE THAT I THINK THAT REALLY HELPS TO ADDRESS THE ISSUE OF GENTRIFICATION, WHICH IS TRYING TO HELP PEOPLE DEVELOP WILLS, BECAUSE ANOTHER ISSUE THAT WE SEE IN EAST AUSTIN -- AGAIN, THIS IS TITLE ISSUES, WHICH REALLY LIMIT OUR ABILITY SOMETIMES TO CONTROL WHAT HAPPENS TO THE LAND BECAUSE THE TITLE ISSUES ARE SO DIFFICULT THAT THE FAMILY SOMETIMES WILL JUST -- WOULD JUST RATHER SELL THOSE THAN HAVE TO DEAL WITH IT THEMSELVES. SO I THINK THAT THAT'S BEEN A REALLY HELPFUL TOOL THAT THE CHAMBER HAS HELPED TO SPEARHEAD IN COOPERATION WITH OTHER GROUPS IN THE COMMUNITY. BUT I REALLY DO THINK THIS IS ANOTHER GREAT STEP FORWARD WE CAN TAKE TO ADDRESS THE ISSUE OF GENTRIFICATION AND THAT HOPEFULLY OUR PARTNERS AT THE COUNTY AND THE AISD, ACC, WE CAN ALL COME TOGETHER TO DEVELOP A SYSTEM THAT'S GOING TO FACILITATE THIS PROCESS. BUT ONCE AGAIN, THANK YOU ALL AND THANKS TO ALL THE FOLKS WHO HAVE BEEN WORKING ON THIS. AND KEEP UP THE GOOD WORK.

Mayor Garcia: OKAY.

Slusher: MAYOR, I THINK COUNCILMEMBER ALVAREZ IS SUGGESTING NOT ACCEPTING THE -- ACCEPTING THE AMENDMENT OF DELETING EXECUTION AND LEAVING IT JUST NEGOTIATE, BUT NOT TO PUT IN THE LAST SENTENCE.

Mayor Garcia: RIGHT.

Slusher: AND I WOULD HAVE TO SAY I AGREE WITH THAT BECAUSE IF WE'RE SAYING GO INTO THE NEGOTIATION, BUT THEN IT SEEMS TO ME THEN WE SAY, BUT WE'RE ONLY GOING TO LET YOU DO IT ONE WAY IN THE NEGOTIATION AS FAR AS WHERE THE LOTS ARE GOING TO GO.

Mayor Garcia: AND I THINK THAT THAT NEEDS TO BE LEFT FLEXIBLE SINCE WE'RE JUST GOING INTO NEGOTIATIONS. WE COULD DO THAT AT A LATER TIME.

Slusher: OR WE COULD GO IN WITH THAT NEGOTIATING POSITION EVEN IF WE WANTED, BUT I DON'T THINK WE SHOULD GO IN LOCKED INTO IT BY A COUNCIL RESOLUTION.

Mayor Garcia: YEAH. COUNCILMEMBER THOMAS, I THINK THAT THAT MAKES A LOT OF SENSE, THAT WE'RE GOING TO DELETE THE EXECUTION AND DELETE THE EXECUTE AND ATTEST AND AFFIX THE CITY'S SEAL, THE LAST PART WHERE THE CITY COUNCIL FURTHER APPROVES IS PROBABLY NOT APPROPRIATE. SO WE PROBABLY OUGHT TO LEAVE THAT OUT AT THIS TIME. AND THE TIME THAT WE DO APPROVE THE EXECUTION, WE CAN TALK ABOUT SOME THINGS. CITY MANAGER, YOU CAN GET A DRIFT OF WHAT THE COUNCIL MAY WANT TO DO AT THE TIME THAT WE DO THE EXECUTION, BUT AT THIS TIME I THINK WE OUGHT TO LEAVE THAT SENTENCE OUT.

Thomas: WELL, I WOULD DISAGREE, BUT ANYWAY -- THE REASON WHY I THINK THAT WE HAVE TO LOOK AT THE OVERALL PICTURE -- I HEARD WHAT COUNCILMEMBER ALVAREZ SAID AND I'VE HEARD WHAT EVERYBODY ELSE IS SAYING. I DON'T HAVE ANYTHING AGAINST THE CHAMBER. I THINK IT IS A GOOD PROGRAM, BUT I THINK WHAT WE FIRST STARTED THIS, WHEN THE CHAMBER FIRST STARTED IT, EVERYBODY WASN'T AT THE TABLE. EVERYBODY THAT IT AFFECTS WAS NOT AT THE TABLE. THERE ARE PEOPLE THAT WERE SAYING TODAY THAT REALLY I WISH I CAN ADD SOME MORE. THE REASON WHY I WOULD WANT IT LIKE IT IS TODAY IS BECAUSE I'M NOT SAYING -- WELL, NO, I'M GOING TO SAY THIS TODAY BECAUSE I'VE SEEN GENTRIFICATION, AND IT'S REAL IN EAST AUSTIN. AND SO WHAT I'M SAYING IS THAT I THINK THE COUNCIL THAT WE HAVE HERE IS SENSITIVE TO THE NEEDS OF MAKING SURE THAT AFFORDABLE HOUSING IS PUT THERE AS OPPOSED TO SOMEBODY ON THE OUTSIDE COMING IN. I DON'T HAVE ANYTHING AGAINST ANYONE ELSE THAT WANTS TO COME IN AND DO THE THINGS WITH THE AFFORDABLE HOUS. WE HAVE PEOPLE -- WHEN YOU SAY WILLS, BECAUSE I GUESS I'M A PRODUCT -- I'VE BEEN IN EAST AUSTIN, I'VE BEEN HERE AND I'M 51 YEARS OLD. I'VE BEEN HERE FOR A LONG TIME. I'VE SEEN THINGS POSITIVE AND NEGATIVE FOR EAST AUSTIN. SO I'M VERY SENSITIVE, WHATEVER YOU SAY THAT'S GOING TO BE POSITIVE FOR EAST AUSTIN, SHOULD BE POSITIVE FOR EAST AUSTIN AND THE CITY OF AUSTIN, FOR PEOPLE WHO REALLY NEED TO OWN. I'LL PROBABLY GET VOTED OUT, BUT I WILL STILL SAY THIS WOULD AT LEAST GIVE US SOMETHING -- I'LL KNOW IN THE NEGOTIATION PART THAT I WOULD STILL WANT THIS LEFT IN BECAUSE THERE ARE PEOPLE THAT ARE LOSING THEIR HOMES BECAUSE OF WHAT GENTRIFICATION HAS ALREADY DONE IN EAST AUSTIN. AND THEY HAVE DONE THEIR DAMAGE WHEN PEOPLE HAVE MOVED IN. AREAS WHERE HOMES ARE 30 TO 40,000 AND PEOPLE COME IN AND BUILD HOMES THAT ARE WORTH THREE HUNDRED AND FOUR HUNDRED THOUSAND. THAT IS WHY YOU HAVE SO MANY HOMES THAT ARE ON THE TAX -- THEY CAN'T AFFORD TO PAY THE TAXES.

Goodman: MAYOR?

Mayor Garcia: MAYOR PRO TEM.

Goodman: I UNDERSTAND. I THINK EVERYBODY UNDERSTANDS AND WHAT WE ALL JUST NEED TO REMEMBER IS THAT FOR MOST OF THE LOTS THAT WE'RE THINKING OF IN THAT SENSE, THIS IS NOT IN THE INITIATIVE THAT'S REALLY GOING TO DEAL WITH THAT. AND OTHER INITIATIVES SHOULD HAPPEN IN ORDER TO HELP WITH THE PREVENTIVE MEASURES THAT CAN BE TAKEN BEFORE THINGS LIKE THIS HAPPEN. WE'RE NEITHER THE ENTITY THAT IS FORECLOSING NOR THE ENTITY THAT WOULD IMMEDIATELY RUN TO THE BACK OF THE COURTHOUSE AND BUY UP THOSE LOTS THAT OTHER PEOPLE WILL BID ON. THESE ARE THE ONES, THESE ARE THE FEW THAT HAVE SUCH A HISTORY WITH THEM. SOME OF THEM HAVE TAXES THAT HAVE BEEN DELINQUENT FOR 30 YEARS AND WE DON'T EVEN REALLY KNOW WHO OWNS IT OR IF ANYBODY EVER WAS LEGALLY ABLE TO OWN IT. THINGS ARE SO COMPLEX AND LOST IN TIME AND THAT'S WHY THERE'S SUCH A FEW LOTS THAT REALLY WOULD BE IN THIS CATEGORY. BUT AS I -- I DEFINITELY ESPECIALLY FA THIGHS WITH WHAT -- EMPATHIZE WITH WHAT YOU'RE SAYING AND FOR AN INITIATIVE THAT DEALT WITH THOSE PRIME LOTS, IF YOU WILL, THEN I THINK THAT'S EXACTLY THE KIND OF PROCESS AND THE ENTITIES THAT HAVE TO BE INVOLVED. FOR THIS ONE, THOUGH, THIS IS LIKE THE LAST CALL FOR THESE PARTICULAR LOTS BECAUSE NO ONE WANTS THEM. THEY'RE NOT -- THEY'RE NOT WORTH PUTTING A BID ON FOR THEY'RE LOST IN LEGAL LIMBO. AND NONE OF THEM HAVE HOUSES ON THEM, NONE OF THEM HAVE PEOPLE LIVING IN THEM, NONE OF THEM HAVE IDENTIFIED OWNERS. ALL OF THEM HAVE LONG, LONG YEARS OF NOT PAYING TAX. AND SO TO JUST SORT OF DRAW A BOTTOM LINE THERE, LEAVE THAT HOPING TO MAYBE FIND THE LEGITIMATE OWNER, BUT IN THE MEANTIME THAT REDEMPTION PERIOD THAT IS USED FOR THAT, AND IF NOTHING COMES OF IT, THEN WE'RE ABLE TO FOR A DOLLAR CUT DOWN ON THE COST OF ACTUALLY PUTTING A HOME THERE FOR PEOPLE IN THAT NEIGHBORHOOD TO LIVE IN AND ENJOY AND BE PART OF THE NEIGHBORHOOD. THANKS, MAYOR.

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: I HAD JUST ONE MORE COMMENT IN TERMS OF LEGISLATIVE INTENT. AND IT RELATES TO THE BACKGROUND AND DOCUMENT HERE THAT WE'VE ALL GOT COPIES OF. IT SAYS INTERLOCAL AGREEMENT TO ESTABLISH PROJECT AMERICAN DREAM. IT SHOULD BE IN THE BACKUP. AND ON THE SECOND PAGE, ARTICLE 1 AGREEMENT, SECOND PARAGRAPH, IT SAYS THE TAXING ENTITIES FURTHER AGREE THAT THE TAX FOR FOR FORECLOSED PROPERTY SHOULD BE FOR NONPROFIT ONLY FOR USES CONSISTENT WITH THE CITY'S SMART HOUSING POLICIES AND ONLY FOR USE FOR AFFORDABLE HOUSING FOR FAMILIES WITH LOW INCOMES AS DEFINED UNDER THE REGULATIONS OF H.U.D. BASICALLY I JUST WANTED TO MAKE IT CLEAR THAT WE -- AND IF THAT MESSAGE CAN BE CARRIED FORWARD TO THE OTHER ENTITIES BY OUR STAFF OR BY THE FOLKS IN THE COMMUNITY THAT ARE PUSHING THIS IDEA. IT MAKES SURE THAT WE WANT EVERY SINGLE ONE OF THOSE TO BE AFFORDABLE BECAUSE UNDER SMART HOUSING WE HAVE THIS 10% OR 20%, 40%, BUT THAT'S NOT THE -- THAT'S NOT THE REQUIREMENT OF SMART HOUSING THAT WE'RE TALKING ABOUT. WE'RE TALKING ABOUT ALL THE OTHER REQUIREMENTS IN HOW YOU BUILD, THAT IT'S ACCESSIBLE AND ETCETERA, ETCETERA. BUT THAT THE INTENTION IS FOR EVERY SINGLE ONE OF THOSE LOTS TO -- FOR A HOME THAT'S DEVELOPED ON THESE LOTS TO SIRCHG R. SERVE A -- TO SERVE A FAMILY OF MEDIAN INCOME. I WANTED THAT IN THE RECORD SO THERE WASN'T A CONFUSION ABOUT THAT.

Mayor Garcia: IS THERE A MOTION ON THIS?

WE HAVE A MOTION BY COUNCILMEMBER THOMAS AND WE READ IT IN ABOUT THE PARTS DELETING THE SENTENCES.

Mayor Garcia: THE LAST SENTENCE, THE ONE. IS THERE A SECOND ON THAT ONE?

NO, SIR.

Mayor Garcia: COUNCILMEMBER ALVAREZ, DO YOU WANT TO PUT ANOTHER MOTION ON THE TABLE THAT THAT FIRST MOTION DIED FOR LACK OF A SECOND?

Alvarez: YES, MAYOR, I'LL PUT A MOTION ON THE TABLE OF THE RESOLUTION --

Mayor Garcia: WITHOUT THE LAST SENTENCE?

Alvarez: YEAH, WITHOUT THE EXECUTION -- THE REFERENCES TO EXECUTION THAT WE MENTIONED AND WITHOUT THAT STATEMENT. A.

Mayor Garcia: OKAY. THERE'S A MOTION BY COUNCILMEMBER ALVAREZ ON THE RESOLUTION TO NEGOTIATE AND WITHOUT THE LAST SENTENCE. IS THERE A SECOND?

Slusher: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE?

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SIX TO ONE WITH COUNCILMEMBER THOMAS VOTING NAY. CITY MANAGER, HOW LONG WILL THIS TAKE -- SANDY, HOW LONG WILL IT TAKE? SOMEBODY.

I THINK PROBABLY --

IT WILL TAKE A NUMBER OF MONTHS. WE HAVE THIS ON -- SCHEDULED TO GO ON THE AGENDA BEFORE THE COUNTY IN THE NEXT COUPLE OF WEEKS. ACC HAS EXPRESSED INTEREST. WE'RE STILL TRYING TO TRACK DOWN THE ACC FOLKS. HOPEFULLY WE'LL HAVE EVERYBODY IN THE ROOM AND IT WILL TAKE US 45 DIZ TO GET IT ALL OUT AND THEN TAKE IT BACK TO ALL THE TAXES JURISDICTIONS FOR APPROVAL. SO HOPEFULLY WITHIN THE NEXT TWO OR THREE MONTHS. SINCE ALL THE TAXING ENTITIES WILL BE IN THEIR BUDGET PROCESS FOR A WHILE.

Mayor Garcia: I THINK THAT YOU GATHERED THE DRIFT OF THE COUNCIL'S INTENTION THAT WE WANT TO DO SOMETHING ABOUT THIS.

AND WE'LL WORK IN -- EACH OF YOU WILL BE INVOLVED IN THE PROCESS.

Mayor Garcia: WE APPRECIATE THE WORK OF THE CHAMBER VERY MUCH, THE WORK OF MAYOR PRO TEM'S COMMITTEE ON AFFORDABLE HOUSING. AND I GUESS THE MESSAGE IS LET'S GET WITH IT PROGRAM.

Mayor Garcia: THAT'S ALL THE ITEMS WE HAVE ON THIS AGENDA. I'LL ENTERTAIN A MOTION TO ADJOURN. MOTION BY COUNCILMEMBER SLUSHER TO ADJOURN. THERE'S A SECOND BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. (ENDING TIME: 8:15)

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