Closed Caption Log, Council Meeting, 9/26/02

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: I'M GOING TO CALL THE MOOGHT BACK TO ORDER. WE'RE IN THE BOARD ROOM OF THE LOWER COLORADO RIVER AUTHORITY. ANZ AS I INDICATED TO YOU EARLIER, THE ITEM WE WILL GO TO IS THE 1:30 TIME CERTAIN. IT IS ACTUALLY 1:35, BUSINESS COMMUNICATION GENERAL. AND OUR FIRST SPEAKER IS MR. GUS PENA. AND FOLLOWING HIM IS MR. HEWITT McLESS THAN NAN. AND THEN I'LL BE CALLING HIM AFTER MR. PENA SPEAKS.

WELCOME. GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS. AND DON'T BE SHOCKED. MY BOY HAS A DOCTOR'S APPOINTMENT, SO THAT'S WHY HE'S HERE. WE'RE COGNIZANT OF THE FACT THAT EDUCATION IS VERY IMPORTANT. MAYOR AND COUNCILMEMBERS, I HAVE ANOTHER GRAVE CONCERN REGARDING BRACKENRIDGE HOSPITAL. AND ITS TREATMENT TO THE POOR, INDIGENT AND THE HOMELESS. WE HAVE SH PATIENTS THAT WERE BEING HARASSED BY THE FINANCIAL COUNSELORS AT BRACKENRIDGE HOSPITAL. IF YOU HAVE A PATIENT WHO IS QUITE ILL IN THEIR ROOMS AND HAVE DECLARED THEMSELVES INDIGENT, HOMELESS OR JUST DON'T HAVE ANY HEALTH INSURANCE, WE HAVE A FINANCIAL COUNSELOR GOING INTO THEIR ROOMS AND COUNSELING, HARASSING THEM THREE TIMES A DAY ABOUT HOW ARE THEY GOING TO PAY THEIR HOSPITAL BILL. NOW, I MIGHT BE ERRONEOUS IN SAYING THIS, AND YOU CAN CORRECT ME IF YOU WANT TO AND I'M HOPING THAT YOU DO, UNDER THE LEASE AGREEMENT IN BETWEEN SETON AND THE CITY OF AUSTIN, I BELIEVE THERE'S, WHAT, TWO AND A HALF, UPWARDS OF 2.5 MILL OR OVER TO PROVIDE IN-- CARE FOR THE INDIGENT POPULATION. I DON'T UNDERSTAND WHY WE HAVE FINANCIAL COUNSELORS THAT DON'T HAVE THE INTERPERSONAL SKILLS AND CAN DEAL EFFECTIVELY AND PROFESSIONALLY AND CURT USUALLY WITH THE PEOPLE, CONTINUE TO HARASS PATIENTS IN THEIR OWN BEDS. AND THE PRIVATE ROOM PEOPLE. THIS IS UNACCEPTABLE TO US. I CALLED MR. THOMAS GALLAGHER, WHO IS THE SENIOR VICE-PRESIDENT OF BUSINESS DEVELOPMENT WITH SETON. AND WE VOICED OUR COMPLAINTS TO GALLAGHER ABOUT SOME NURSES AND EMPLOYEES THAT WERE NOT DEALING EFFECTIVELY WITH THE PATIENTS THEMSELVES. SO SOME OF THE PATIENTS BECAME MORE ILL BECAUSE OF THIS AND IT'S CAUSING THEM CONSTERNATION AND A CONSTANT UNCERTAINTY ON THEIR PART ON HOW THEY'RE GOING TO PAY THE BILLS. SO THIS IS NOT ACCEPTABLE TO US. I LEFT MESSAGES WITH DR. PAT HAYS TWICE, SO, MAYOR, I STRONGLY SUGGEST AND RECOMMEND THAT SOMEBODY LOOK INTO THESE ISSUES BECAUSE THESE ARE MORE THAN FOUR ISSUES ALREADY THAT HAVE OCCURRED AT BRACK THAT I KNOW OF PERSONALLY THAT PEOPLE HAVE COMPLAINED ABOUT. ANOTHER THING ALSO IS THAT EAST AUSTIN CONCERNED HISPANICS, OUR ORGANIZATION IS SETTING UP A MEETING WITH FEDERAL LAW ENFORCEMENT OFFICIALS, F.B.I., DEA, ATF, UNITED STATES ATTORNEYS' OFFICE, LIKE WE DID IN 1997 WHEN HIS ALMA WARD WAS SHOT ON LOYOLA AND MANNER BACK IN 191997. WHEN WE'RE TRYING TO DO HERE IS DIE HOG AND BRING ABOUT SOLUTIONS IN AUGMENTING WITH THE AUSTIN POLICE DEPARTMENT TO COMBAT CRIME, PROSTITUTION, DRUG DREELERS AND OTHER PROBLEMS IN ALL AREAS OF AUSTIN, SPECIFICALLY RUNDBERG, MONTOPOLIS AND EAST AUSTIN. AND WE MET WITH CHIEF KNEE THIS WEDNESDAY -- [ BUZZER SOUNDS ] I'LL WRAP UP. THE CONCERNS ABOUT THE ISSUES AND HE PROMISED MORE EFFECTIVE PATROLLING AND MORE VISIBLE PATROLLING ANYWAY. SO WE'LL BE TALKING TO Y'ALL ABOUT THAT, MAYOR. AND PLEASE, RESPECTFULLY, LOOK INTO THAT ISSUE AT BRACKENRIDGE HOSPITAL. THAT'S UNACCEPTABLE. THANK YOU VERY MUCH, MAYOR.

Mayor Garcia: THANK YOU. AND THE CITY MANAGER WILL LOOK AT THAT ISSUE, ASSISTANT CITY MANAGER. MR. HEWITT McLESS McCLEN NAN. MR. ROBERT THOMAS? MR. THOMAS, WELCOME, SIR.

THANK YOU, MAYOR GARCIA, MAYOR PRO TEM GOODMAN AND MS. FUTRELL. HONORABLE MEMBERS OF THE COUNCIL. I'M HONORED TO SPEAK WITH YOU TODAY CONCERNING THE AUSTIN PARKS AND RECREATION DEPARTMENT AND THE ROSEWOOD PARK AND RECREATION CENTER. I'M ROBERT L. THOMAS OF THE BUILDING AND CONSTRUCTION TRADE DEPARTMENTS WITH THE INTERNATIONAL LABOR UNION OF NORTH AMERICA AND THE CENTRAL LABOR COUNCIL. ALSO I'LL BE SPEAKING TO YOU TODAY ABOUT MY EXPERIENCE AS A PROFESSIONAL ATHLETE IN THE NATIONAL FOOTBALL LEAGUE, WORLD FOOTBALL LEAGUE AND THE AMERICAN FOOTBALL ASSOCIATION. SEVERAL MONTHS AGO I SPOKE TO COUNCIL CONCERNING THE NEED TO IMPROVE A PARK CALLED ROSEWOOD PARK AND RECREATION CENTER. WE NEED TO -- [ INAUDIBLE ] TODAY I'D LIKE TO SPEAK OF CONSTRUCTION ISSUES THAT WE NEED TO ACKNOWLEDGE AND MAKE SOME ACQUISITION OF PROGRAMS. I'VE BEEN TOLD IN THE PAST THAT -- [ INAUDIBLE ] WE'VE BROUGHT ON MANY CONTRACTS FOR THAT, BUILDERS. I TOOK MY PROFESSIONAL FRIENDS THERE AND WE CONTRIBUTED TO ACQUISITIONAL PROGRAMS FOR THE ATHLETES AND BUILDERS. NOW, I'M SPEAKING ON BEHALF OF MY FRIENDS AND WE NEED TO PROMOTE ORGANIZED LABOR AND LAND DEVELOPMENT IN ROSEWOOD AGAIN FOR THE DEVELOPMENT WITHIN THE NATIONAL FOOTBALL LEAGUE, I MIGHT SAY, AND THE WORLD FOOTBALL LEAGUE, THE AMERICAN FOOTBALL ASSOCIATION HAS BROUGHT ON MANY, MANY GREAT STRUGGLES FOR THE PROFESSIONAL DEVELOPMENT AND PRO FOOTBALL TEAMS IN TEXAS. MUCH OF THE ADVANCEMENT, LIKE I SAID, OF THE LAND IS BROUGHT ON BY PRO SPORTS MAN. NOW, I NEED NOW TO TALK TO COUNCIL AND -- WE NEED HELP IN BRINGING MEETINGS WITH THE MANAGERS OF THE PARK SO THAT WE CAN NEGOTIATE TO GET THE ADMINISTRATIVE OFFICE BUILDING DOWN THERE TORN DOWN, THE OLD CHESTNUT OFFICE NEEDS TO BE DEMOLISH AND A NEW ADMINISTRATIVE OFFICE BUILDING DOWN THERE SHOULD BE BUILT BECAUSE THEY USED TO HAVE ADMINISTRATION DOWN THERE FOR SPORTS. THEY GOT OUT OF IT. SO WHAT I'D LIKE TO DO IS GET MY BUILDERS, BRING MY BUILDERS TO THE CITY HALL AND TALK TO THE CITY MANAGEMENT SO THAT WE CAN GO ON AND GO OVER THE PLAN AND THE PROGRAM TO UPGRADE THE ROSEWOOD PARK AND RECREATION CENTER. NOW, MS. FUTRELL IS NOT HERE TODAY. I'D LIKE FOR SOMEONE TO GIVE ME A POSITION TO TALK TO SOME OF THE AIDES SO THAT WE CAN NEGOTIATE FOR THIS MANAGEMENT. [ BUZZER SOUNDS ]

Mayor Garcia: THANK YOU, MR. THOMAS. MR. HEWITT MIX LESS THAN NAN I'M BEEN TOLD HAZARD NOW JOINED US IF YOU CAN COME UP. WELCOME, SIR.

COUNCILMEMBERS, I'M GLAD TO HAVE THE OPPORTUNITY TO COME AND TALK WITH Y'ALL TODAY. I'M CONCERNED WITH THE WAY THE CITY AWARDS CONTRACTS. WHAT BRINGS THAT TO MIND IS THERE WAS AN ARTICLE IN THE PAPER THAT WAS TALKING ABOUT HOW THERE WAS A LACK OF MINORITY CONTRACTS ON THE CITY'S SITE. AND SOME ITEMS THAT CAME OUT IN THE PAPER WAS THE CONTRACTOR WAS COMPLAINING ABOUT THEY HAD TO NOTIFY EVERY MINORITY CONTRACTOR. AND I'M A CONSTRUCTION ELECTRICIAN. AND NOT ONLY DID WE FIND OUT THERE WAS A LACK OF MINORITY CONTRACTORS ON THESE JOB SITES, BUT ALSO A TOTAL LACK OF BLACK CRAFTSMEN ON ALMOST EVERY CITY JOB AND CONTRACTS THAT THE CITY HAS FOR THESE CONTRACTS. AND WE HAVE BEEN DOING SOME STUDYING AND WE CAME UP WITH SOME REGULATIONS -- REGULATIONS THAT THE CITY HAS TRIED TO FOLLOW BEFORE AWARDING ANY CONTRACTS TO ANY CONTRACTORS. AND APPARENTLY THE CITY HAS BEEN IN VIOLATION OF THESE REGULATIONS FOR -- FOR WHILE THESE REGULATIONS HAVE BEEN IN FORCE. AND THESE REGULATIONS COME DIRECTLY FROM THE FEDERAL REGISTER, AND THESE ARE MEMBERS OF CONGRESS WHO MAKE THESE RULES AND REGULATIONS THAT OUR CITY GOVERNMENT, COUNTY AND STATE MUST FOLLOW IN AWARDING CONTRACTS. AND I TRIED TO TALK WITH -- CONTACT A PERSON AT THE CITY HALL WHO HANDLES THESE AFFIRMATIVE ACTION PROGRAMS FOR THE CITY, AND I WASN'T ABLE TO CONTACT THAT PERSON -- THE CITY DOESN'T HAVE AN AFFIRMATIVE ACTION PERSON TO HANDLE THAT STUFF, WHICH IS A PART OF THE REQUIREMENT OF THE FEDERAL REGULATIONS THAT THERE SHOULD BE A PERSON PRESENT TO HANDLE THESE KIND OF COMPLAINTS. [ BUZZER SOUNDS ] AND I WOULD LIKE TO KNOW IF THERE IS SOMEONE THAT I COULD MEET AND TALK WITH ABOUT SOME OF THESE CONTRACTOR PROBLEMS AND LACK OF AFRICAN-AMERICAN TRADES MEN ON THESE CONSTRUCTION SITES.

Mayor Garcia: CITY MANAGER, IS THAT MS. BRUBAKER?

I THINK YOU CAN SPEAK WITH MR. RIVERIA OR MS. BRUBAKER. BOTH SHOULD BE ABLE TO TELL YOU WHAT LEVEL OF CONTRACTORS WE HAVE ON THE JOBS AND THE CITY'S PROCESS. SO WE CAN GET THEM -- I'LL HAVE SOMEONE COME OUT AND MAKE SURE WE GET YOU IN TOUCH WITH ME.

THANK YOU.

Mayor Garcia: LET'S SEE IF WE CAN GET THE NAMES OF THOSE TWO INDIVIDUALS AND THEIR TELEPHONE NUMBERS SO THAT -- IS SHE RIGHT HERE, MS. BRUBAKER? MS. BRUBAKER IS RIGHT HERE AND SHE'LL BE GLAD TO TALK TO YOU ABOUT THOSE ISSUES THAT YOU BROUGHT UP.

THANK YOU, MAYOR.

Mayor Garcia: COUNCILMEMBER THOMAS?

Thomas: COUNCILMEMBER WYNN AND I WERE TALKING THAT MAYBE AT THE STAFF MEETING THEY DIDN'T KNOW ABOUT THE W M.B.E. COMMITTEE THAT WE HAVE.

Mayor Garcia: SURE. THAT'S ANOTHER PLACE -- THERE'S ANOTHER PLACE HE CAN COME TO THE MEETINGS AND DISCUSS THOSE ISSUES WITH THE COUNCIL COMMITTEE ON -- ON THOSE ISSUES. AND IF WE COULD TELL THAT TO MS. BRUBAKER.

WE HAVE STAFF GOING OUT THERE. WE'LL MAKE SURE HE GETS THAT INFORMATION.

Mayor Garcia: THOSE ARE ALL THE SPEAKERS THAT WE HAVE UNDER CITIZENS' COMMUNICATION GENERAL. AT THIS TIME WE WILL GO INTO THE READING OF THE CHANGE AND CORRECTIONS AND THE TIME CERTAIN. AND MS. BROWN, IF YOU COULD GO THROUGH THOSE ITEMS.

Brown: IN ADDITION TO THE CHANGES AND CORRECTIONS IS NUMBER 32, WE HAVE A REQUEST FROM THE APPLICANT THAT THIS BE POSTPONED TO OCTOBER 24TH, AND THE NEIGHBORHOOD IS IN AGREEMENT WITH THAT REQUEST.

Mayor Garcia: OCTOBER THE 24TH?

Brown: YES. THAT'S ITEM 32. ITEM 53 IS POSTPONED TO OCTOBER 3, 2002. ITEM 54 POSTPONED TO OCTOBER 3, 2002. ITEMS 56, 57, 58, 59, IF YOU WOULD PLEASE NOTE THAT THE EFFECTIVE DATE OF THOSE ORDINANCES IS DECEMBER 25TH, 2002. ITEM 62 IS AMENDED BY DELETING THE WORDS ADOPT A RESOLUTION AUTHORIZING AND THEN STARTING THE SENTENCE WITH AUTHORIZE NEGOTIATION AND EXECUTION. ITEM 65 HAS THE SAME AMENDMENT, DELETE THE WORDS ADOPT A RESOLUTION AUTHORIZING AND INSERT THE WORD AUTHORIZE. ITEM 70 IS BEING AMENDED BY 30, AFTER AUSTIN TEXAS, THE WORDS AFTER APPROVING AN ORDINANCE WAIVING OR REDUCING FEES. ITEM 71 IS POSTPONED TO OCTOBER 3, 2002 BY SPONSORING COUNCILMEMBER WILL WYNN. THOSE ARE ALL THE CHANGES AND CORRECTIONS.

Mayor Garcia: AND THE TIME CERTAINS?

Brown: THE TIME CERTAINS, THE 1:30 WE JUST COMPLETED, THE CITIZENS COMMUNICATION. AT FOUR P.M. WE HAVE ZONING ITEMS Z-1 THROUGH Z-15. AND AT 5:30 P.M., LIVE MUSIC AND PROCLAMATIONS.

Mayor Garcia: LET ME NOTE THAT ITEM NUMBER 8, WHICH IS A BRIEFING AND POSSIBLE ACTION ON THE PROPOSED PIPELINE ORDINANCE, WE'RE GOING TO BE TAKING THAT ITEM UP AFTER THE COUNCIL RECEIVES LEGAL ADVICE FROM COUNCIL. THAT'S ITEM NUMBER 4 ON THE AGENDA WHERE THE COUNCIL WILL BE GOING INTO EXECUTIVE SESSION TO DISCUSS LEGAL ISSUES RELATING TO THE HAZARDOUS PIPELINES. SO THAT ITEM WILL BE TAKEN UP AT THAT TIME. THE NEXT ITEM IS PREVIEW OF ITEMS FOR NEXT COUNCIL MEETING. AND I THINK WE CAN PROBABLY SAY ALL FUTURE COUNCIL MEETINGS. AND I'LL READ A COUPLE THAT I HAVE. ON OCTOBER 3RD I WILL BE BRINGING FORWARD A RESOLUTION OUTLINING THE CITY'S PROPOSED AMENDS AND CONDITIONS IN ORDER TO SUPPORT THE PROPOSED CENTRAL TEXAS REGIONAL AUTHORITY. AS DISCUSSED DURING YESTERDAY'S WORK SESSION, THE COUNCIL HAS DISCUSSED POLICY CONCERNS WITH REGARD TO REPRESENTATION AND GOVERNANCE POTENTIALLY FOR THOSE PROJECTS WITH THE CITY OF AUSTIN'S JURISDICTION AND IN THE AMATP PLAN, THAT'S THE AUSTIN METROPOLITAN AREA TRANSPORTATION PLAN. THE GOAL FOR THIS RESOLUTION IS FOR THE CITY COUNCIL TO ADOPT SUCH RESOLUTIONS CITING OUR SPECIFIC AMENDMENTS AND CONDITIONS AND RECOMMENDATIONS AND FORWARD A LETTER TO SENATOR BARRIENTOS, REPRESENTATIVE KRUSSEE AND COUNTY JUDGES IN WILLIAMSON AND TRAVIS COUNTY AND THE TIME LINE IS OCTOBER 8TH AND NINTH IS WHEN THEY WILL HAVE THE PUBLIC HEARINGS AT THE TXDOT. THE APPROVAL OF THE MINUTE ORDER FOR THE RMA IS SET FOR OCTOBER 31st AND THE ACCEPTANCE OF THE MINUTE ORDER BY TRAVIS AND WILLIAMSON COUNTIES IS SCHEDULED FOR NOVEMBER THE FIFTH. THAT WILL BE AT THE AT THOSE RESPECTIVE JURISDICTIONS. ON OCTOBER 10th I WILL BE BRINGING A RESOLUTION -- AND IT'S GOING TO BE CO-SPOANSERED BY COUNCILMEMBER ALVAREZ AND COUNCILMEMBER SLUSHER ASKING TO THE COUNCIL TO GO INTO AN -- IT IS A VOLUNTARY PROGRAM APPROVED BY THE EPA FOR VOLUNTARY COMPLIANCE WITH THE STANDARD BY THE YEAR 2007. THE EEAC IS SIMILAR TO THE '03 FLEX AGREEMENT IN THAT REGIONAL SUPPORT FROM THE FIVE-COUNTY AREA WILL BE SOUGHT. SO THAT RESOLUTION, WE'LL BE ASKING THE COUNCIL TO AUTHORIZE ME TO DO THE NEGOTIATIONS AND BRING THE EARLY ACTION COMPACT TO THE COUNCIL FOR APPROVAL AT A LATER TIME. AS I UNDERSTAND IT, THE EARLY ACTION COMPACT HAS TO BE FINISHED BEFORE DECEMBER 31st, SO WE'LL BE MOVING ON THIS ONE RELATIVELY FAST. AND MR. FRED FLOOD, OUR SUSTAIN ABILITY OFFICER AND MR. JIM OF THAR AND OTHER PEOPLE FROM THE CLEAN AIR FORCE HAVE BEEN WORKING ON THIS, SO WE'LL BE MOVING THIS ONE FORWARD. ARE THERE ANY OTHER ITEMS THAT THE COUNCILMEMBERS WANT TO ANNOUNCE. OKAY. IT DOES NOT REQUIRE THAT I ANNOUNCE THESE ITEMS AT THIS TIME, BUT IF YOU THINK ABOUT SOME THAT YOU WANT TO PUT ON THE AGENDA, PLEASE LET THE COUNCILMEMBERS KNOW ABOUT THAT SO THEY CAN BE READY TO FIND THEM IN THE AGENDAS. OKAY. WE'LL GO TO THE CONSENT AGENDA.

Brown: OKAY. THE ITEMS THAT I HAVE LISTED ON THE CONSENT AGENDA SO FAR ARE ITEM NUMBER 9, WHICH IS THE APPROVAL OF MINUTES FROM THE WORK SESSION OF AUGUST 28th, REGULAR COUNCIL MEETINGS OF AUGUST 8TH, AUGUST 22nd, AUGUST 29TH AND THE BUDGET READINGS OF SEPTEMBER NINTH AND 10th. ITEM NO. 10, ITEM NUMBER 11 -- AND I UNDERSTAND, MAYOR, THAT YOU WANT TO READ THAT INTO THE RECORD?

Mayor Garcia: YES, I THINK IELD READ THAT INTO THE RECORD. IT'S RESOLUTION NUMBER 02092611 RTION AND IT READS ADDS FOLLOWS, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN THAT THE CITY COUNCIL AUTHORIZES THE CITY MANAGER TO NEGOTIATE AND SCOOT A LONG-TERM LEASE HOLD INTEREST IN 371.7 ACRES LOCATED IN HAYS COUNTY IN THE BARTON SPRINGS RECHARGE ZONE LOCATED ON THE NORTH SIDE OF THE CITY'S RUTHER FORD TRACT FROM LS RANCH LIMITED -- AND THAT'S OWNED BY MR. JOHN LLOYD, TO THE HILL COUNTRY CONSERVANCY IN AN AMOUNT NOT TO EXCEED 2 MILL 247,279 AND THAT $6,215 AN ACRE FOR THE OPEN SPACE PROGRAM. AND THAT'S AUTHORIZED BY THE NOVEMBER 2002 BOND ELECTION. AND THIS IS WITHIN THE AMOUNTS ALREADY IN THE APPROVED BUDGET.

Brown: CONTINUING, ITEM 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 SECOND AND THIRD READING, 26 SECOND AND THIRD, 27 SECOND AND THIRD, 28 SECOND AND THIRD, 29 SECOND READING, 30 SECOND AND THIRD READING, 32 FOR POSTPONEMENT TO OCTOBER 24TH AT THE REQUEST OF THE APPLICANT, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 AND 54 FOR POSTPONEMENT TO OCTOBER 3RD, 2002, 55, 56, 57, 58 AND 59 WITH THE CHANGES READ EARLIER, 60, 61, 62 WITH THE CHANGES, 63, 64, 65 WITH THE CHANGES, 66, 67, 68 ARE BOARDS AND COMMISSION APPOINTMENTS, AND WE HAVE A NUMBER OF THOSE TODAY. FOR THE ANIMAL ADVISORY COMMISSION, KATHY HAMILTON, COUNCILMEMBER WYNN'S REAPPOINTMENT. KIM PERCENT VALUE, MAYOR GARCIA'S REAPPOINTMENT. BECKY RUIN, MAYOR PRO TEM'S REAPPOINTMENT. ARTS COMMISSION, SUSIE HAIRMAN, COUNCILMEMBER DUNKERLEY'S APPOINTMENT EFFECTIVE OCTOBER 1, 2002. KATHLEEN HARMON, MAYOR GARCIA'S REAPPOINTMENT. BOND OVERSIGHT COMMITTEE, ROSEMARY CASTLE BERRY, CONSENSUS REAPPOINTMENT. CHIN LEE, CONSENSUS REAPPOINTMENT. CHILD CARE COUNCIL, MARY ELLEN GALVAN, COUNCILMEMBER WYNN'S APPOINTMENT. CITY OF AUSTIN'S COMMISSION FOR WOMEN, DESERINE, McCAL I HAVE, COUNCILMEMBER DUNKERLEY'S APPOINTMENT. COMMISSION ON IMMIGRANT AFFAIRS, CONSTRUCTION ADVISORY COMMITTEE, CONRAD MASTERS, MAYOR GARCIA'S REAPPOINTMENT. DESIGN COMMISSION, GERARD KINNEY, CONSENSUS REAPPOINTMENT. HARRY LOWER REEN, COUNCILMEMBER SLUSHER'S REAPPOINTMENT. DOWNTOWN COMMISSION, PERRY LOWER REEN, CONSENSUS REAPPOINTMENT AND THAT'S THE DESIGN COMMISSION'S REPRESENTATIVE. POBT CRAIG NASCO. DOWNTOWN RESIDENT REPRESENTATIVE CONSENSUS REAPPOINTMENT. CHRIS RILEY, PLANNING COMMISSION REPRESENTATIVE, CONSENSUS REAPPOINTMENT. ELECTRICAL BOARD, STEVEN R.POMICAL, EXAMINE COUNCILMEMBER WYNN'S APPOINTMENT. CONSENSUS REAPPOINTMENT, THOOT THE TRAVIS COUNTY BAR ASSOCIATION REPRESENTATIVE.okcgFoRq HECTOR ORTIZ, COUNCILMEMBERz;cxY.SncMo/cckoookcnyc9ki]i+NmccA;l( ALVAREZ'S REAPPOINTMENT. IMPACT ADVISORY COMMITTEE, WILLIAM MOORE, CONSENSUS REAPPOINTMENT. MHMR BOARD OF TRUSTEES, ROBERT CHAS ST. A, SCEBS REAPPOINTMENT. TONE ENGLISH, CONSENSUS REAPPOINTMENT. MUSIC COMMISSION, ANGELA SORE GILL UM, CONSENSUS REAPPOINTMENT. SOLID WASTE COMMISSION, ALEX G.SWAREN, CONSENSUS APPOINTMENT. WATER AND WASTEWATER COMMISSION, RODNEY MADDEN, COUNCILMEMBER DUNKERLEY'S APPOINTMENT. SHARON HERNANDEZ DEROE, MAYOR GARCIA'S APPOINTMENT. ZONING AND PLATTING COMMISSION, JANIS PANELI, CONSENSUS APPOINTMENT. WE HAVE ITEM 70 -- EXCUSE ME, ITEM 79, ITEM 70 WITH THE CHANGES, ITEM 71 IS BEING POSTPONED TO OCTOBER 3 AT COUNCILMEMBER WYNN'S REQUEST. ITEM 72. AND THAT'S IT FOR CONSENT.

Mayor Garcia: 73 IS PULLED?

Brown: YES, SIR.

Mayor Garcia: I HAVE ONE SPEAKER ON ITEM NUMBER 32. AND THAT ITEM IS BEING POSTPONED UNTIL WHAT DATE?

Brown: TO OCTOBER 24TH AT THE REQUEST OF THE APPLICANT.

Mayor Garcia: MR. LARKIN, ARE YOU HERE? THIS ITEM IS BEING PROPOSED UNTIL THE 24TH. WE CAN KEEP YOUR CANNED UNTIL THEN, OR IF YOU INSIST ON SPEAKING, WE CAN CALL UP UP AS PART OF THE CONSENT AGENDA AT THIS TIME?

[ INAUDIBLE ]

Mayor Garcia: THANK YOU, MR. LARKIN. OKAY. SARAH LEE YOUNG AND MELISSA GONZALES ARE BOTH REGISTERED ON ITEM NUMBER 26. THAT'S A CONSENT ITEM. WELCOME.

GOOD AFTERNOON MEMBERS OF THE COUNCIL. THANK YOU SO MUCH FOR ALLOWING ME TO ADDRESS YOU TODAY. I OWN A PIECE OF PROPERTY AT 17067 WEST SIXTH STREET. I FILED LETTERS WITH YOUR STAFF IN REGARDS TO THAT PROPERTY. AND I'M ALSO HERE ON BEHALF OF OUR NEXT DOOR NEIGHBORHOOD, ADJACENT PROPERTY OWNER, 1706 WEST SIXTH STREET. THESE PROPERTIES ARE THE ONLY REMAINING SF-3 PROPERTIES ON THAT ENTIRE STRETCH OF SIXTH STREET. IT HAS -- WE HAVE COMMERCIAL USE ALL AROUND US AND WE WOULD LIKE TO BE INCLUDED IN THE UPGRADED ZONING THAT YOU ARE DOING IN ACCORDANCE WITH THE NEIGHBORHOOD PLANS. AND ESSENTIALLY WE WANT TO BE TREATED LIKE THE OTHER PROPERTIES ON SIXTH STREET IN ACCORDANCE WITH THE NEIGHBORHOOD PLAN, WHICH WOULD BE TO UPGRADE THOSE TWO PROPERTIES TO AN N.O. WITH A CONDITIONAL OVERLAY. I WOULD SPECIFICALLY ASKED -- I SIGNED IN FAVOR, BUT I WOULD OBJECT TO BEING EXCLUDE FROM THE UPGRADE OF THE SURROUNDING AREAS UNLESS WE COULD ALSO BE INCLUDED SIMILARLY. AND I WOULD ASK THE COUNCIL TO DIRECT STAFF TO INITIATE A ZONING CHANGE AT 17 OF AND 1708 WEST SIXTH STREET IN ACCORDANCE WITH THE EXISTING NEIGHBORHOOD PLANS. THANK YOU VERY MUCH.

Mayor Garcia: ALICE RAILROAD GREG, CAN YOU ADDRESS THAT ISSUE? ALICE OR GREG.

I'M GREG GURN GURNSEY, PLANNING AND ZONING DEPARTMENT. WE DID RECEIVE TWO LETTERS ABOUT THESE TWO PROPERTIES, 1706 AND 1708 WEST SIXTH STREET. THE PETITIONS WOULD BE AGAINST -- SINCE THERE'S NO BASE DISTRICT ZONING CHANGE IN THE PROPERTY, FROM THE SF-3 THAT EXISTS, IT WOULD BE A COMBINING DISTRICT. IN ORDER TO OPPOSE THAT TO HAVE A VALID PETITION, WE WOULD NEED 20% OF THE LAND OTHER NEIGHBORHOOD TO OPPOSE IT. IT'S MY UNDERSTANDING TALKING WITH SARAH THAT SHE'S NOT NECESSARILY OPPOSED TO THE NP, BUT SHILD LIKE THOSE TWO PROPERTIES TO BE UP ZONED IN ACCORDANCE WITH THE ADOPTED PLAN AND HER AND HER NEIGHBOR WOULD BE AGREEABLE TO THE CONDITIONAL OVERLAY THAT WOULD BE PLACED ON THE PROPERTY THROUGH A ZONING CHANGE. THAT WOULD MAKE IT IMPORTANT TO THE PLAN. SO I GUESS WHAT SHE HAS ASKING FROM YOU IS THAT COUNCIL DIRECT STAFF TO INITIATE A ZONING CHANGE ON ON THESE TWO PROPERTIES TO BE SIMILAR TO THE ZONING ON EITHER SIDE OF HER PROPERTY, WHICH IS CURRENTLY LIKE AN LO AND NO. THAT IS YOUR PREROGATIVE. YOU CAN CERTAINLY DIRECT US TO GO DO THAT. IT WOULD BE AT NO EXPENSE TO HER AND HER NEIGHBOR. I THINK EARLIER ON THEY WERE INVOLVED WITH THE PROCESS STAFF THAT COULD HAVE INCLUDED THAT CHANGE EARLIER ON IN THE PROCESS AND PROVIDED FOR THE NECESSARY NOTICE. TODAY WITHOUT HAVING THE PROPER POSTING, THE PROPER NOTIFICATION, WE COULD NOT UP ZONE THESE TWO TRACTS TODAY.

Mayor Garcia: SO WE CAN DO TODAY WHAT'S ON THE AGENDA AND THEN LATER ON BRING THAT ITEM?

THAT'S CORRECT. COUNCIL COULD DIRECT STAFF TO INITIATE A ZONING CHANGE ON THESE TWO PROPERTIES AND BRING THIS BACK FOR OFFICE ZONING.

Mayor Garcia: DOES IT HAVE TO GO BACK TO THE NEIGHBORHOOD GROUPS?

IT WOULD HAVE TO GO BACK TO THE PLANNING COMMISSION FOR THEIR RECOMMENDATION. IT WOULD BE TREATED AS ANOTHER APPLICATION.

Mayor Garcia: QUESTIONS FOR MR. GURNSEY?

Thomas: > Wynn: MAYOR? BRIEFLY, IT SEEMS TO ME THAT PART OF THE WHOLE NEIGHBORHOOD PLANNING PROCESS, THESE TRACTS WOULD HAVE BEEN IDENTIFIED AS A DIFFERENT -- BASE ZONING CATEGORY THAN OTHER PROPERTIES UP AND DOWN THE STREET THERE AND THE NEIGHBORHOOD PLANNING PROCESS WOULD HAVE LIKELY RECOMMENDED AT LEAST A MIXED USE RECOMMENDATION. WHY DIDN'T THAT HAPPEN AS PART OF THE OVERALL PLAN?

I READ THE PLAN BRIEFLY WHEN WE WERE OUTSIDE. THERE WERE SOME CONDITIONS THAT THE OWNER WOULD HAVE TO AGREE TO ABOUT LIMITING ACCESS AND PROVIDING SOME BUFFERS. THE PLAN ACTUALLY SAID IT COULD BE USED FOR RESIDENTIAL, BUT IF IS NOT USED FOR RESIDENTIAL FOR A BUSINESS PURPOSE, THERE'S SOME LIMITATIONS ON ACCESS, THERE'S CONDITIONS FOR A BUFFER. AND SINCE I GUESS THE -- SINCE THE PROPERTY OWNERS WERE NOT AWARE OF THIS GOING ON AND DID NOT ALERT STAFF, WE DID NOT PLAN FOR THE UP ZONE OF THIS PARCEL. IN THE PAST THE PROPERTIES ON EITHER SIDE HAVE PAID THEIR OWN FEES AND ASKED FOR REZONING. THEY COULD BE MADE A PART OF THIS PROCESS AND I THINK THE PROPERTY OWNERS AND THE STAFF HAD A DESIRE TO CHANGE THE ZONING.

Wynn: IS SEEMS LIKE PART OF THE PROCESS, WE TRY TO IDENTIFY PERHAPS A COUPLE -- IF THERE'S AN INDIVIDUAL TRACT OR TWO THAT'S OUT OF PLACE HAVE A ZONING CATEGORY ALONG A COMMERCIAL EAST NEIGHBORHOOD PLAN, WE IDENTIFY THAT AND WE DON'T -- I DIDN'T THINK WE HAD TO RELAY ON THE PROPERTY OWNER TO RECOGNIZE THAT PERHAPS THEIR PROPERTY WAS UNDERZONED.

I THINK IN THIS PARTICULAR INSTANCE IF THOSE PARCELS THAT IT COULD HAVE BEEN USED EITHER WAY AS A RESIDENT STILL TAKING ACCESS TO THE ALLEY. OR IF THERE'S A CHOICE OF GOING TO COMMERCIAL THAT THE ALLEY ACCESS IN THIS CASE WOULD BE LIMITED AND BUFFERS PROVIDED. I THINK WHAT I SAW IN THE NEIGHBORHOOD PLAN WAS PEOPLE COMING IN AND TALKING TO THE LADY AND THE NEIGHBORHOOD PLANNER, IT COULD GO EITHER WAY ON THIS PARTICULAR TRACK.

Wynn: THANK YOU, MAYOR.

Mayor Garcia: MAYOR PRO TEM?

Goodman: I WAS GOING TO ASK IF THERE HAS TO BE A SPECIFIC MOTION TO -- WHAT IS THE WORD WE USE FOR PLUCKING OUT? WE PASS THE NEIGHBORHOOD PLAN ON SECOND AND THIRD READING, BUT WITHOUT?

THIS IS JUST THE ZONING CASE BEFORE YOU. SO IF COUNCIL WOULD LIKE, YOU COULD GO AHEAD WITH YOUR MOTION TO DIRECT STAFF TO INITIATE A REZONING OF THESE PARCELS. IT'S MY UNDERSTANDING TALKING TO SARAH AND SHE DID NOT OBJECT TO HAVING THE NP, SHE WOULD LIKE THE OTHER OFFICE OPTION. SO WE COULD GO FORWARD WITH THE ZONING CASE TODAY TO APPLY THE NP, AND THEN WHAT SHE WOULD CERTAINLY LIKE WOULD BE FOR COUNCIL TO INITIATE STAFF TO REZONE THESE PARCELS TO BE PART OF THE COMMERCIAL PROPOSAL THAT'S ALLOWED UNDER THE NEIGHBORHOOD PLAN.

Goodman: BUT THEN HAVEN'T WE DE FACTO IN THE FUTURE WHEN IT COMES BACK, AMENDED THE NEIGHBORHOOD PLAN? IRK THE NEIGHBORHOOD PLAN WOULD NOT HAVE TO BE AMENDED IF THE DIFFERENT RESTRICTIONS THAT ARE OUTLINED IN THE PLAN, WHICH I'VE BEEN TOLD SHE IS IN AGREEMENT WITH, THOSE COULD BE INCORPORATED WITH THE CO, SO THIS WOULD BE GOING FROM SF-3 NP TO, I GUESS, N.O.-CO-NP WITH THOSE RESTRICTIONS WITHOUT A CHANGE TO THE NEIGHBORHOOD PLAN. AND THAT COULD BE DONE AT A LATER DATE.

Goodman: IT DOESN'T AMEND THE LETTERS, THE LAND USE THAT WAS LAID OUT BY THE NEIGHBORHOOD PLANS. THEY DIDN'T CHANGE -- DO YOU KNOW WHAT I MEAN? MAYBE WE'RE NOT DOING ANYTHING, BUT I'M NOT COMFORTABLE WITH ANYTHING THAT FEELS LIKE THAT.

I THINK THE EASIEST WAY WOULD BE IF YOU DEREK STAFF TO INITIATE -- DIRECT STAFF TO INITIATE THIS CASE WHERE THE PROPERTY OWNER WOULD NOT HAVE TO PAY A FEE AND THEN WE COULD BRING FORWARD THE N.O., MU,-CO IN ACCORDANCE WITH THE PLAN WITH THOSE RESTRICTIONS. AND THE PLAN BASICALLY, AS IT CALLS OUT, IT SAYS THAT THERE ARE NO ZONING CHANGES TO A MORE PERMISSIVE CATEGORY WITH SOME EXCEPTIONS. THE NORTH SIDE OF THE SIXTH STREET DISTRICT IF THE PROPERTY IS OWNED SF-3, WHICH THIS PROPERTY IS, BUT THERE'S A LIMITATION ON THE NUMBER OF TRIPS. AND THAT BUSINESS ACCESS TO THE REAR ALLEY, WHICH IS USED BY THE RESIDENTS, IS PROHIBITED. AND THAT THERE IS ALSO A BUFFER STRIP PROVIDED FOR ON THE PROPERTY. AND WITH THOSE CONDITIONS THE PLAN WOULD RECOGNIZE THAT THAT PROPERTY COULD BE USED FOR COMMERCIAL. SO WHETHER IT'S USED FOR RESIDENTIAL OR COMMERCIAL USE AS PART OF THE PLAN, EITHER WAY IT WOULD BE AN IMPORTANT PART OF THE PLAN.

Goodman: JUST AS A HISTORICAL CONCEPT, WHEN THIS STREET STARTED GOING TOTALLY OFFICE, I DON'T THINK I WAS ALL THAT SUPPORTIVE AND IT WAS KIND OF LATE IN THE DAY WHEN IT HAPPENED. SO THAT'S THE REASON THAT I THINK IT'S VERY DIFFICULT TO TREAT THE -- [ INAUDIBLE ]

Mayor Garcia: DID YOU HEAR WHAT THE MAYOR PRO TEM?

I DIDN'T CATCH THE LAST PART.

IT WAS HISTORY, BUT GREG WAS AROUND BACK THEN. WHEN THEY FIRST STARTED CHANGING TO OFFICE OR BUSINESS USE AND TAKING ACCESS OFF THE ALLEY, I WASN'T REALLY SUPPORTIVE OF THAT TREND. I THOUGHT IT WAS A DOMINO AND SURE ENOUGH IT WAS A DOMINO FACTOR. WHICH IS WHY I STILL DON'T THINK THAT EVER SHOULD HAVE STARTED, BUT SINCE THERE'S ONLY A LITTLE BIT LEFT THAT ISN'T TREATED THE SAME, THEN MY GOAL HERE IS THAT NO ONE BE PENALIZED BECAUSE OF THAT BUT BUT I NOTICED YOU WERE TALKING TO MARTY ABOUT MAYBE THE AMENDMENT PROCESS. BECAUSE THAT DOES BOTHER ME.

THERE IS NO PLAN AMENDMENT THAT WOULD BE REQUIRED TO -- LEAVE THESE EITHER SINGLE-FAMILY NP OR TO DO N.O.-CO-NP IN THE FUTURE WITH OTHER REQUIREMENTS OR OTHER CONDITIONS THAT ARE APPLIED. SO BY YOUR ACTION TODAY, YOU COULD APPROVE THE NEIGHBORHOOD PLAN FOR THE ZONING ON ALL THREE READINGS TODAY. THERE WOULD BE NO PLAN AMENDMENT AND COUNCIL WOULD DIRECT STAFF TO INITIATE THE CASE AND THE PROPERTY OWNER AND THE ADJOINING PROPERTY OWNER WOULD NOT INCUR A FEE. SO IF YOU'RE AGREEABLE TO THOSE CONDITIONS THAT ARE ALREADY LAID OUT IN THE PLAN A THA ALLOWS THAT COMMERCIAL USE, THEN IT WOULD BE BACK BEFORE YOU LATER.

Slusher: MAYOR, CAN I FOLLOW UP?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: SO I'M NOT CLEAR ON, ONE, WAS THIS DISCUSSED BY THE PLANNING TEAM, THE NEIGHBORHOOD PLANNING TEAM, THIS PARTICULAR ISSUE?

LET ME LET ONE OF THE NEIGHBORHOOD PLANNERS DISCUSS ABOUT THOSE MEETINGS.

THE NEIGHBORHOOD ZONING NOTED THAT THERE WERE A SMALL HANDFUL OF PROPERTIES ON SIXTH STREET THAT STILL HAD SF-3 ZONING IN THAT AREA. AND WROTE A SPECIFIC PROVISION INTO THE PLAN LAYING OUT THE CONDITIONS THAT THEY WOULD FIND ACCEPTABLE IF SOMEONE WERE TO COME IN AND REZONE THAT PROPERTY TO A NEIGHBORHOOD OFFICE CATEGORY. BUT THEY OPTED NOT DO THAT REZONING, BUT LEAVE THE DOOR FOR SOMEBODY TO COME IF THEY COULD MEET THESE SPECIFIC CONDITIONS.

Slusher: IS THAT WHAT WE'RE TALKING ABOUT HERE? MEETING THESE CONDITIONS THAT ARE LAID OUT?

SHE SAID SHE WOULD BE AGREEABLE TO THE CONDITIONS LAID OUT IN THE PLAN?

Slusher: AND THAT'S WHAT Y'ALL DETERMINED BEFORE YOU BRING IT BACK TO US. WOULD BE TO BRING IT BACK TO US. YOU SAID NO AND THEY SHOOK THEIR HEAD YES. MAYBE WE OUGHT TO GET A VERBAL.

AS I UNDERSTAND, SHE IS AGREEABLE TO THE DIFFERENT CONDITIONS THAT ARE LAID OUT IN THE NEIGHBORHOOD PLAN. WE COULD NOT TAKE ACTION ON THOSE TODAY. IF COUNCIL INSTRUCTED US TO INITIATE A NEW CASE, WE COULD BRING BACK A NEW ZONING CASE THAT HAS THOSE CONDITIONS THAT ARE IN THE NEIGHBORHOOD PLAN AN MAKE THAT A PART OF THE ZONING ORDINANCE IN THE FUTURE.

Slusher: OKAY. WHAT YOU'RE SAYING IS THE PROCESS IS LAID OUT BY THE NEIGHBORHOOD PLANNING TEAM.

THAT'S CORRECT.

Goodman: THE ZONING TODAY ALL HAS NP ON IT, RIGHT?

THAT'S CORRECT.

Goodman: SO THE ZONING AT THIS MOMENT IS NP, AND THE NEW PROCESS, THE REZONING PROCESS WILL BE REZONING SF-3-NP TO N.O.-CO-NP?

THAT'S CORRECT.

Goodman: SO THE NP WE DO TODAY. AND THE SPECIFIC ZONING USE WITHIN THE LIMITATIONS OF THE MP ARE WHAT WE'LL BE LOOKING AT IN THE FUTURE.

Mayor Garcia: SO EVERYBODY IDEAS, WE'RE GOING TO APPROVE THIS AND THEN YOU'RE GOING TO RUN THIS PROCESS SO IT WILL STAY CONSISTENT WITH THE PLAN?

YES. I THINK IF COUNCIL NOTES FOR THE RECORD THAT YOU'RE DIRECTING STAFF TO INITIATE A ZONING CHANGE AT 1706 AND 1708 WEST SIXTH STREET TO N.O. ZONING, WHAT I'M SAYING IS STAFF WILL LOOK AT THE CONDITIONAL OVERLAYS THAT WILL BE ADDRESSED IN THE NEIGHBORHOOD PLAN, AMENDING THE NEIGHBORHOOD PLAN, BUT WITH CONDITIONS, AND DIRECT STAFF TO BRING THAT BACK AT A LATER DATE, AND WE WILL BEGIN THAT PROCESS AND JUST MAKE THAT PART OF YOUR MOTION FOR THE APPROVAL OF THE WEST AUSTIN NEIGHBORHOOD PLAN REZONING CASES AND THE NP.

Mayor Garcia: EVERYBODY UNDERSTAND IT?

AND COUNCIL, I -- IT SHOULD BE N.O.-MU AND NOT C.O.-NP ON THOSE TWO PROPERTIES. SO NEIGHBORHOOD OFFICE MIXED USE COMBINING DISTRICT NEIGHBORHOOD PLAN.

AND JUST FOR THE RECORD, IF IT PLEASE THE COUNCIL, WE ARE IN AGREEMENT WITH THE NEIGHBORHOOD PLAN. WE UNDERSTAND THAT PART OF OUR OBLIGATION WILL BE TO ALSO COME FORWARD TO YOU WITH AN ALTERNATIVE ACCESS WHICH WOULD REQUIRE PERMISSION FROM THE COUNCIL FOR ACTION ON SIXTH STREET. SO WE INTEND TO COME FORWARD, BUT WE AGREED TO THIS ON THE CONDITION THAT THERE IS SOME WAY TO ACCESS THE PROPERTY. BUT I THINK WE CAN WORK TOGETHER AND REACH THAT AGREEMENT. WE ALSO HAVE A SPEAKER ON 69.

I'M WITH THE WESTERN AUSTIN ALLIANCE. AND ALSO WHEN THIS STARTED WITH THE WEST END ASSOCIATION AND WE JUST REPRESENTED THE BUSINESS INTERESTS THAT WERE INVOLVED IN THE FORMATION OF THIS PLAN. I WAS ONE OF THE PEOPLE WHO WALKED THE NEIGHBORHOOD AND GAVE NOTICE, AND I JUST WANT TO SAY THAT THE CITY STAFF DID AN EXTRAORDINARY JOB TRYING TO GET EVERYBODY INVOLVED AND WORKING OUT THE DETAILS AND HAVING SIX MEETINGS, WHICH WE WROTE YOU IN A LETTER ABOUT. SO THEY WORKED REALLY HARD. I THINK TO THE BEST OF THEIR ABILITY THE CITY STAFF HAS TRIED TO DEAL WITH EVERYONE'S CONCERNS. AND IF THERE ARE ANY OTHER QUESTIONS, I'D BE HAPPY TO ANSWER THEM.

Mayor Garcia: OKAY.

I'M GLAD TO HAVE A CHANCE TO SME WITH YOU. I'M WITH THUNDER CLOUD AND RUN TEXT AND CARE TOSS, ALL OF THEM ABOUT. AND I JUST WANT TO SHOW OUR APPRECIATION FOR WAIVING SOME OF THE FEES THAT WILL HELP MUCH MORE OF THE MONEY TO GET TO THE CHARITY. THANK YOU.

Mayor Garcia: THANK YOU, MS. ENGLAND. COUNCIL, THAT'S ALL THE SPEAKERS THAT WE HAVE ON THE CONSENT AGENDA. LET ME READ THE CONSENT AGENDA --

Slusher: MAYOR, BEFORE YOU START, I'D LIKE TO PUT 73 BACK ON.

Mayor Garcia: 73. OKAY.

Slusher: AND ALSO, WE HAD AN E-MAIL -- I THINK IT JUST CAME TODAY. NO, IT ACTUALLY CAME YESTERDAY. ON NUMBER 50, THE TREE PLANTING PROGRAM. AND IT'S FROM ONE OF OUR URBAN FORESTRY MEMBERS. AND SHE RAISED A POINT THAT I WOULD LIKE TO HAVE THE STAFF ADDRESS. SO IF NO ONE HAS CHECKED, I WOULD LIKE TO POSTPONE THAT FOR A WEEK AND HAVE THE STAFF ADDRESS THE POINTS THAT WERE BROUGHT UP.

Mayor Garcia: OKAY. SINCE YOU PUT IT BACK ON THE CONSENT AGENDA, WE DO NOT HAVE A SPEAKER ON THIS ITEM.

Slusher: 73. SCOTTIE PIPPEN SCOTT JOHNSON -- SCOTT JOHNSON? MR. JOHNSON? HE SIGNED THIS -- I'VE GOT A CARD HERE.

Slusher: MAYOR, JUST KEEP IT OFF. I'M GOING TO TRY TO SEE IF STAFF DEALT WITH IT.

Mayor Garcia: SCOTT JOHNSON, IS HE ANYWHERE WITHIN HEARING DISTANCE? OKAY. BACK TO THE CONSENT AGENDA. ITEM NUMBER 9, THE MINUTES, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 FOR SECOND AND THIRD, 26 WITH INSTRUCTIONS. IF ANY OF YOU NEED TO SPEAK ON CONSENT AGENDA, CAN YOU GO SIGN UP RIGHT NOW, BECAUSE I'M GETTING A STEADY STREAM OF NEW SIGNERS ON THE CONSENT AGENDA. SO WE KNOW BEFORE WE DO THE VOTE THAT WE HAVE EVERYBODY.

Goodman: MAYOR, COULD I INTERJECT A SPECIFIC TIME ON ITEM NUMBER 26?

Mayor Garcia: SURE. 26 FOR SECOND AND THIRD AND THE MAYOR PRO TEM IS GOING TO EXPLAIN THE SPECIFICS FOR THIS.

Goodman: WITH THE NOTICE THAT THE CITY STAFF WILL LOOK AT REZONING FROM SF-3-NP TO NO-MU-NP. THANKS.

Mayor Garcia: DID YOU GET IT? OKAY. 27 TO SECOND AND THIRD. 28 FOR SECOND AND THIRD. 29 FOR SECOND READING ONLY. 30 FOR SECOND AND THIRD. 32, POSTPONED UNTIL OCTOBER THE 24TH. 33 CONSENT. 35, 36, 37, 38, 39, 40, 41, 42 -- DID I SAY 32 FOR POSTPONEMENT FOR -- YES, I DID. 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 FOR POSTPONEMENT UNTIL OCTOBER 3RD, 54 FOR POSTPONEMENT UNTIL OCTOBER 3RD, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68 WITH THE APPOINTMENTS READ INTO THE RECORD BY THE CITY CLERK, 69, 70, 71 FOR POSTPONEMENT UNTIL OCTOBER 3RD, 72 AND 73. AND NOW I SAW MR. JOHNSON COME IN, SO I'M GOING TO RECOGNIZE YOU, MR. JOHNSON. FOLLOWING YOU, MARY MCCARTHY ON ITEM NUMBER 50. MR. JOHNSON, WELCOME, SIR.

THANK YOU. MY NAME IS SCOTT JOHNSON. GOOD AFTERNOON MAYOR, MAYOR PRO TEM, COUNCILMEMBERS, MS. FUTRELL AND CITY STAFF. AS I GATHER MYSELF HERE, I'M SPEAKING TO YOU ON THE ITEM OF THE GREENHOUSE GAS EMISSIONS. AND THE CITY OF AUSTIN SHOULD MAKE IT A PRIORITY TO REDUCE GREENHOUSE GAS EMISSIONS. I'M WELL AWARE OF THE STRATEGIES THAT ARE -- MANY OF THE STRATEGIES THAT ARE IN PLACE NOW THAT HAVE TO REDUCING VEHICLE MILES TRAVELED, CONSERVING ENERGY AND PLANTING MORE TREES. AND THESE ARE ALL VERY VALUABLE PLANS THAT WE SHOULD CONTINUE. IT'S CLEAR FROM THE EVIDENCE NOW THAT THE CLIMATE IS CHANGING. OUR WORLD IS BECOMING WARMER. AND ALTHOUGH SPECIFIC STORMS AND HURRICANES AND DROUGHTS AND FLOODS CANNOT BE ATTRIBUTED DIRECTLY TO THE WARMING OF THE EARTH, THE SCIENTISTS -- LEADING SCIENTISTS ON THIS MATTER, INCLUDING ONES THAT ARE ASSIGNED TO A UN PANEL THAT ARE STUDYING THIS PANEL ONGOING FROM ALL NATIONS AROUND THE WORLD INDICATE THAT THE SEVERITY AND THE FREQUENCY OF THESE HURRICANES THAT WE'RE SEEING NOW, SUCH AS ISIDORE, WILL ONLY BECOME GREATER AND MORE FREQUENT. SO I'M HERE TODAY TO. SO I'M ASKING YOU TO LOOK AT THIS ISSUE AGAIN AND STRIVE IN ALL DIRECTIONS SO THAT IN SOME CASES WE CAN SAVE MONEY AS WE TRY TO ADDRESS GROUND LEVEL POLLUTION ISSUES RELATIVE TO SMOG AS WELL AS TO ADDRESS ISSUES THAT RELATE TO GREENHOUSE GASES, WHICH ARE INCLUDED THE UPPER AS SEVERE. AND THE GREENHOUSE EFFECT, I REALIZE IN SOME AREAS WE'RE DOING EXTREMELY WELL, WE'RE NATIONAL MEELGDZS OR INTERNATIONAL MODELS RELATIVE TO ENERGY EFFICIENCY IN OTHER MATTERS. AND IF THE COUNCIL PLEASES TO NARROW THE RECOMMENDATION IN ANY WAY, I WOULD BE FINE WITH THAT AND WE'D BE HAPPY TO WORK WITH YOU IN ANY WAY I COULD TO CONTINUE TO FOCUS ON ENVIRONMENTAL ISSUES RELATIVE TO AIR QUALITY. THANK YOU VERY MUCH. I'D BE HAPPY TO ANSWER ANY QUESTIONS.

Mayor Garcia: QUESTIONS FOR MR. SCOTT? THANK YOU VERY MUCH MR. JOHNSON. THANK YOU, SCOTT. MARY MCCARTHY. SHE'LL BE SPEAKING ON ITEM NUMBER 50.

GOOD AFTERNOON, MAYOR, MAYOR PRO TEM, COUNCILMEMBERS. I JUST SIGNED UP. I'M THE EXECUTIVE DIRECTOR OF TREE FOLKS. I WANTED TO SAY THAT ITEM NUMBER 50 IS FOR THE NEIGHBORHOOD PROGRAMS TO BE IMPLEMENTED, AND TREE FOLKS AND CITY STAFF HAVE BEEN WORKING ON HEAT ISLAND INITIATIVE ALL LAST YEAR. AND THIS WAS A FAIRLY MAJOR PUSH AND THAT ALL GROUP OF PEOPLE, MANY CITIZENS FROM ACROSS -- CONSISTING OF CITY STAFF, NONPROFITS, JUST CITIZEN ACTIVISTS, ALL WERE VERY INTERESTED IN CONTINUING THIS PROGRAM. THE NEIGHBORHOODS PROGRAM HAS BEEN KIND OF A NATIONAL MODEL ACROSS THE COUNTRY FOR LATE SHADING TREES OUT, SHADING THE STREETS, CUTTING DOWN HEAT ISLAND EFFECTS, THAT KIND OF THING. AND I WANTED TO COME UP HERE AND SAY I THINK IT'S A GREAT PROGRAM AND I HOPE YOU'LL GO AHEAD AND PUT YOUR STAMP OF APPROVAL ON IT. AND I ALSO WAS WILLING TO ANSWER ANY QUESTIONS IF YOU HAD ANY.

QUESTIONS? COUNCILMEMBER SLUSHER?

Slusher: I MIGHT HAVE SOME IN A MINUTE, BUT FIRST MR. DUNCAN FROM AUSTIN ENERGY HAS SAID IT'S REALLY IMPORTANT TO MOVE FORWARD ON THIS DURING THIS FISCAL YEAR. HE'S READ THE LETTER I'M TALKING ABOUT AND WOULD LIKE TO ADDRESS THOSE CONCERNS AND MAYBE WE'LL BE ABLE TO MOVE FORWARD ON IT TODAY. DO YOU WANT TO DO THAT?

Mayor Garcia: SURE.

I HAVE READ THE LETTER AND FROM THE URBAN FORESTRY BOARD. AND PRIMARILY THEY ARE RAISING THE ISSUE OF WHETHER WE SHOULD BE PLANTING TREES ON PRIVATE PROPERTY AS OPPOSED TO RIGHT-OF-WAY, WHICH IS WHERE THE PROGRAM IS FOR PLANTING THE TREES. I THINK THEY RAISED SOME GOOD POINTS. AND I WOULD LIKE TO SAY THAT WE CAN WORK WITH THESE INDIVIDUALS IN DESIGNING A PROGRAM THAT WOULD PLANT TREES ON PRIVATE PROPERTY. HOWEVER, THE PROGRAM AS IT'S DESIGNED COULD MOVE FORWARD AT THE SAME TIME, AND THE REASON WE NEED TO ACT TODAY IS THAT THIS MONEY IS NOT APPROPRIATED IN NEXT YEAR'S BUDGET AND THIS IS THE LAST COUNCIL MEETING FOR THIS YEAR'S BUDGET. WE WOULD LIKE TO DISCUSS SOME OF THE ISSUES THEY RAISE. WE'RE NOT SURE THAT A REBATE PROGRAM IS THE MOST COST EFFECTIVE WAY. WE WOULD ALSO WANT TO WORK WITH THEM ON THE LOCATION OF TREES ON PRIVATE PROPERTY TO MAKE SURE THAT THEY'RE NOT LOCATED ON THE UTILITY LINES AND PROPERLY SHADE THE HOUSE AND ITEMS OF THAT NATURE, BUT WE WOULD CERTAINLY BE WILLING TO WORK WITH THESE IN DESIGNING A PROGRAM THAT WOULD ALLOW TREE PLANTING ON PRIVATE PROPERTY.

Slusher: I THINK IF WE COULD GET MORE TREES ON PUBLIC AND PRIVATE, THAT'S A GOOD THING. I WOULD LEAVE THAT ONE TO BE PASSED.

Mayor Garcia: THE TIME IS RIGHT NOW.

Slusher: THIS IS THE PURCHASE OF CROWN VIC VICTORIA'S FOR THE POLICE DEPARTMENT. CHIEF COY, WE'VE -- I'VE SEEN SOME PRESS REPORTS THAT THERE ARE LAWSUITS, A FEW LAWSUITS GOING ON AROUND THE NATION ABOUT CONCERNS OF CROWN VICTORIA'S CATCHING ON FIRE AND REAR-END COLLISIONS. AND I WANTED TO MAKE SURE THAT WE HAD LOOKED AT THIS ISSUE BEFORE WE MOVED FORWARD ON THIS PURCHASE. COULD YOU ADDRESS THAT?

YES, SIR. I'M THE FLEET MANAGER FOR THE POLICE DEPARTMENT.

Mayor Garcia: IF YOU COULD RECOGNIZE YOURSELF THERE. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

Slusher: THAT BUT IT'S.

Mayor Garcia: [2:202:30.

Thomas: MAYOR, IF I CAN ASK --

Mayor Garcia: COUNCILMEMBER THOMAS.

Thomas: I DIDN'T UNDERSTAND. YOU SAID THEY ARE MODIFYING THE ONES WE ALREADY HAVE ON THE FLEET?

THERE'S A MODIFICATION THAT CAN BE DONE TO THE GAS TANK.

Thomas: AND WE HAVE TO DO THAT?

FORD IS NOT DOING IT. WE HAVE TO DO IT.

Thomas: IN THE NEAR FUTURE, HAS ANY OTHER COMPANY DECIDED TO GO BACK TO A POLICE PACKAGE BESIDES FORD? BECAUSE I DO SEE SOME CHEVROLETS. ARE THOSE NOT POLICE PACKAGE?

NOT IN THE 2002 MODEL. THE MODEL WE WOULD BE PURCHASING.

Thomas: OKAY. DO YOU KNOW IF ANY REPORT THAT -- INTO '03, THAT THEY ARE GOING TO COME OUT WITH -- MAYBE CHEVROLET IS GOING TO COME OUT WITH A POLICE PACKAGE AT ANY TIME?

THAT, I DON'T KNOW, SIR.

Thomas: COULD WE CHECK?

YES, SIR.

Slusher: MAYOR, I HAVE ONE MORE. WHO PAYS FOR THE MODIFICATION? FORD OR US?

THE MODIFICATIONS WE'RE DOING TO OUR OWN FLEET AT THIS TIME IS BEING DONE AT OUR EXPENSE. FORD DID NOT TAKE RESPONSIBILITY FOR THOSE MODIFICATIONS. THEY MADE IT AS A RECOMMENDED MODIFICATION. AND WE'RE DOING IT ON OUR OWN.

Slusher: DO YOU KNOW THEIR COST ON THAT?

NO, SIR, I DON'T. TOM WOULD HAVE ALL THOSE NUMBERS, BUT I --

Slusher: THE MANAGER, IF THE MANAGER COULD GET THAT INFORMATION TO US.

WE'LL HAVE IT PROVIDED.

Slusher: OKAY. THANK YOU.

Mayor Garcia: LET ME ALSO ADD THAT ON TUESDAY WE RECEIVED AN E-MAIL FROM JOYCE, WHO IS A MEMBER OF THE URBAN FORESTRY BOARD WITH REGARD TO ITEM 50. THIS ITEM IS ON THE CONSENT AGENDA, BUT I WOULD LIKE -- INS IT'S A LONG E-MAIL, I WOULD LIKE FOR OUR FOLKS TO LOOK AT THAT E-MAIL. IF YOU DON'T HAVE IT, LET US KNOW. I SEE THAT PEOPLE HAVE GOT IT. I DON'T THINK YOU'VE GOT IT. DID YOU GET IT?

Slusher: THAT'S THE SAME ONE I BROUGHT UP.

Mayor Garcia: THAT'S THE ONE YOU BROUGHT UP. OKAY. IT HAS A LOT OF PROVISIONS IN IT. SO -- OKAY. FURTHER DISCUSSION -- WELL, A MOTION ON THE CONSENT AGENDA?

Thomas: SO MOVED, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS AND SECONDED BY THE MAYOR PRO TEM.

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: IS THIS ON THE WHOLE CONSENT AGENDA?

Mayor Garcia: IT'S ON THE WHOLE CONSENT AGENDA, YES.

Alvarez: I DID HAVE A COUPLE ISSUES. ONE JUST HAD TO DO WITH THE MINUTES FROM LAST TIME RELATING TO -- I BELIEVE IT WAS ITEM 48 FROM THE LAST COUNCIL MEETING. IT WAS A CAPITAL METRO QUARTER CENT FUNDS AND THE SCHOOL SAFETY PROJECTS. AND I JUST WANTED TO SEE IF WE COULD JUST -- AND I MIGHT HAVE TO GET SOME HELP FROM LEGAL HERE ABOUT EXPRESSING THE INTENT OF WHAT WAS DISCUSSED AND APPROVED BY COUNCIL. BASICALLY, I MEAN, I JUST WANTED TO MAKE SURE THAT IT WAS CLEAR THAT THE INTENT OF CREATING THAT PROGRAM WAS THAT THOSE FUNDS WOULD FUND -- THAT THAT PARTICULAR PROGRAM WOULD FUND ANY ACTIVITY ELIGIBLE UNDER TXDOT'S SAFE ROUTES TO SCHOOL PROGRAM AND THAT THAT COULD PROVIDE THE MATCHING FUNDS REQUIRED FOR THAT. WHICH I DID ARTICULATE, I BELIEVE, DURING THAT MEETING, BUT -- AND I THOUGHT WE HAD CHANGED THE TITLE OF THE PROGRAM ITSELF, BUT AFTER READING THE MINUTES, IT WASN'T CLEAR THAT THAT WAS THE CASE. BUT I DID JUST WANT TO MAKE SURE THAT IT WAS CLEAR THAT THAT WAS THE INTENT, THAT THE TYPES OF PROJECTS THAT ARE FUNDED UNDER THE STATE SAFE ROUTES TO SCHOOL PROGRAM WOULD BE ELIGIBLE FOR MATCHING FUNDS UNDER THAT PROGRAM.

MAYOR, IT'S -- COUNCILMEMBER ALVAREZ, IF YOU WANT TO MAKE A MOTION TO RECONSIDER THE MINUTES, THEN YOU CAN HAVE THAT CHANGE MADE IN THE MINUTES AND THAT WAY IT WILL BE REFLECTED --

Alvarez: THAT'S ALREADY BEEN APPROVED OR --

Mayor Garcia: THE MINUTES?

Alvarez: AS PART OF THE CONSENT.

Mayor Garcia: PART OF THE CONSENT AGENDA.

Alvarez: I WOULD JUST MOVE TO --

IT'S MY UNDERSTANDING WE ALREADY APPROVED THOSE MINUTES.

WHEN YOU SAID THE LAST COUNCIL MEETING --

Alvarez: I'M TALKING ABOUT THE AUGUST 22, 2002 COUNCIL MEETING.

WE BROUGHT THOSE BACK FOR RECONSIDERATION AT THIS MEETING SO WE COULD GET YOUR WORDING IN THERE. SO THEY ARE ON THIS AGENDA AND ARE PART OF ITEM NUMBER 9.

Alvarez: OH, GOOD. THAT'S WHAT I WAS -- I WOULD ADD IN ORDER TO CLARIFY THE INTENT OF OUR DISCUSSIONS.

Mayor Garcia: SURE. MS. BROWN, DO YOU UNDERSTAND EXACTLY WHAT --

YETION.

Mayor Garcia: OKAY. THAT WILL BE MADE PART OF THE VOTE.

Alvarez: AND MAYOR, IS ITEM 73 ON CONSENT?

Mayor> Mayor Garcia: YES.

Alvarez: I THINK MR. JOHNSON TALKED ABOUT NARROW AND IT BEING BROAD AND NARROW, BUT ACTUALLY -- AND MAYBE I WOULD LIKE TO GET THE UTILITIES' PERSPECTIVE ON THIS. AT LEAST MY UNDERSTANDING WHAT WE WERE TRYING TO DO WITH THE GREENHOUSE GAS RESOLUTION WAS TO FOCUS ON -- WE HAD FOCUSED A LOT OF ATTENTION, A LOT OF RECOMMENDATIONS ON THE CARBON DIOXIDE REPORT, BUT WE DID WANTED TO FOCUS ON A COUPLE OF ISSUES. BUT BASICALLY I WANTED TO SEE IF WE COULD NARROW THE LANGUAGE TO SAY INSTEAD OF JUST MAKE RECOMMENDATIONS ABOUT IMPLEMENTING THE ENTIRE REPORT, SIMPLY SAY MAKE RECOMMENDATIONS ON POTENTIAL STRATEGIES TO FURTHER REDUCE GREENHOUSE GAS EMISSIONS FROM, AND THEN THESE THREE PARTICULAR CATEGORIES, LANDFILLS, WASTE TREATMENT PLANTS AND NON-ROAD SOURCES. SO JUST ADD THAT LANGUAGE TO THE RESOLUTION BECAUSE I THINK IT WAS ABOUT A YEAR OR 18 MONTHS AGO WHERE WE GOT A REPORT ON THE WHOLE CARBON DIOXIDE STRATEGY REPORT, JUST SO IT'S CLEAR THAT WE DON'T HAVE TO -- A REPORT ON THE -- ANOTHER ANALYSIS OF OF THE WHOLE REPORT, BUT JUST THOSE THREE ASPECTS OF THE REPORT. I SEE ROGER NODDING SO I THINK IT'S BETTER THAN WE BE NARROWER AND NOT BROADER. I WOULD JUST ADD THAT AS A FRIENDLY AMENDMENT.

Mayor Garcia: OKAY. CAN YOU ADD IT, MISS BROWN? FURTHER COMMENTS, QUESTIONS, ON THE CONSENT AGENDA?

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: ON ITEM 45, IS ONE OF THE SERIES OF INSURANCE PURCHASES WE HAVE, SUE. AND WE JUST RECEIVED AN E-MAIL FROM A GENTLEMAN WHO REPRESENTS, I GUESS, THE COMPANY THAT CAME IN SECOND PLACE. ACCORDING TO HIM, $17,000 ON A $2 MILLION PURCHASE OR WHATEVER. I WANT TO, ONE, CONFIRM THAT -- THAT THE LOW BID WHO WE'RE AWARDING THIS TO WAS FULLY COMPLIANT, AND I'M SURE YOU HAVEN'T SEEN THIS GENTLEMAN'S NOTES, BUT, YOU KNOW, ESSENTIALLY IT'S A CASE WHERE HE IS SUGGESTING THAT BECAUSE THEIR DOMESTIC -- THEY ARE A DOMESTIC CARRIER AND EVEN HAVE PRESENCE IN TEXAS THAT WE SHOULDN'T BE GOING WITH THE LOW BID BECAUSE THE LOW BID -- IN PART BECAUSE THE LOW BID IS AN OVERSEAS CORPORATION. BUT I JUST WANT TO CONFIRM WITH YOU THAT THIS PURCHASE, YOU KNOW, IS FULLY COMPLIANT WITH THE PARAMETERS SET FORTH IN THE BID AND THAT WE'RE FOLLOWING STATE PROCUREMENT LAWS BY DOING THIS.

COUNCILMEMBER, IT IS. IT MET ALL THE REQUIREMENTS. THESE BIDS HAVE BEEN THOROUGHLY SCRUTINIZED, AND THEY HAVE ALL THE LICENSING REQUIREMENTS AND EVERYTHING THAT WERE REQUIRED.

Wynn: OKAY. FIRST AND FOREMOST, IT IS THE LOWEST BID AND THEY MET ALL REQUIREMENTS?

YES, SIR.

Wynn: THANK YOU.

YOU ARE WELCOME.

Mayor Garcia: FURTHER QUESTIONS? IF NOT, ALL THOSE IN FAVOR OF THE CONSENT AGENDA PLEASE INDICATE BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO ZERO. WE'RE NOW GOING TO GO BACK TO EXECUTIVE SESSION. AND WE WILL BE BE TAKING UP TWO ITEMS ON THE PRIVATE CONSULTATION -- UNDER THE SECTION PRIVATE CONSULTATION WITH OTHER ATTORNEY, SECTION 551.071. IF YOU ALL COULD TAKE YOUR CONVERSATIONS TO THE LOBBY, WE WOULD APPRECIATE IT. THIS IS TO DISCUSS LEGAL ISSUES RELATED TO THE FOR A PRELIMINARY PERMIT FOR A PROPOSED HYDROELECTRIC PROJECT ON LONGHORN DAM. THIS NOTICES WAS PUBLISHED IN THE FEDERAL REGISTER VOLUME 67, VOLUME 155 DATED AUGUST 12, 2002. AND NO. 4 IS DISCUSS LEGAL ISSUES RELATED TO HAZARDOUS PIPELINES, AND THAT'S RELATED TO ITEM NUMBER 8. SO WE ARE NOW IN EXECUTIVE SESSION AND WE'LL TRY TO BE BACK AS SOON AS POSSIBLE AND TO HANDLE ITEM NUMBER 8, WHICH IS -- ITEM NUMBER 8, AND THE TWO ITEMS THAT HAVE BEEN PULLED FOR DISCUSSION, ONE BEING ITEM NUMBER 31, PULLED BY COUNCILMEMBER SLUSHER, AND ITEM NUMBER 34, PULLED BY COUNCILMEMBER WYNN. ITEM NUMBER 73 PREVIOUSLY POSTED AS AN ITEM PULLED FOR DISCUSSION WAS CONSIDERED AND APPROVED UNDER THE CONSENT AGENDA. WE'RE IN EXECUTIVE SESSION. [ APPLAUSE ] THIS NEXT PORTION OF THE MEETING IS GOING TO BE ON ZONING, AND IF ANY OF YOU BACK THERE UNDERSTAND THE PROCESS, PLEASE COME UP HERE AND EXPLAIN IT TO ME, OKAY. [ LAUGHTER ] ANYWAY, WELCOME, AND WE'RE GLAD TO YOU HAVE HERE. THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL FOR THURSDAY, SEPTEMBER 26th BACK TO ORDER. WE'RE IN THE HANCOCK BUILDING, 3700 LAKE ARTHUR BOULEVARD HERE IN AUSTIN, TEXAS, AND AT THIS TIME, WE WILL GO TO THE 4:00 P.M. TIME CERTAIN ZONING HEARINGS AND APPROVAL OF ORDINANCES.

GOOD AFTERNOON. ALICE GLASGO, DIRECTOR OF NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. OUR ZONING CASES FOR TODAY ARE AS FOLLOWS. ITEM NUMBER Z-1, C14-02-0081, LOCATED WAYMAKERWAY, STAFF IS ASKING POSTPONEMENT. THEY NEED ADDITIONAL INFORMATION FROM THE APPLICANTS TO CONCLUDE THE DOCUMENTS THAT THE LAWYER IS PREPARING. Z-2, C14-02-026 LOCATED ON THE NORTHWEST CORNER OF WEST SLAUGHTER LANE. THE APPLICANT IS SEEKING A CHANGE FROM DEVELOPMENT RESERVES TO GRCO AND WE HAVE COMMUNITY COMMERCIAL WITH A CONDITION. THE ZONING RECOMMENDATIONS TO GRANT LRCO CENTRAL NEIGHBORHOOD COMMERCIAL AND GOVERNMENT PLANNING DISTRICT AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER C14-02-0271, RESPONSIBLE HOUSING IS LOCATED AT 1190 TO 1192 MINNESOTA STREET. THE CHANGE IN ZONING IS FROM 73 WITH THE NEIGHBORHOOD PLAN COMBINING DISTRICT TO CSMU, CONC FOR GENERAL COMMERCIAL SERVICES, MIXED USE COMBINING OVERLAY DISTRICT AND THE PLANNING COMMISSION RECOMMENDS THE CHANGE IN ZONING AND THE CASE IS READY FOR ALL THREE READINGS. THE PERIMETER USES FOR THOSE LISTED ON THE ZONING SUMMARY SHEET AND CYNTHIA, AND I'M NOT GOING TO READ THEM INTO THE RECORD, AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z- C14-02-072 LOCATED HIGHWAY 71 EAST, THE CHANGE IN DOESN'TING IS FROM INTERIM SINGLE FAMILY 2 TO CF-1 COMMERCIAL LIQUOR SALES. GICO, COMMUNITY COMMERCIAL OVERLAY. THE COMMISSION RECOMMENDS TO GRANT GENERAL COMMERCIAL SERVICES WITH CONDITION OF OVERLAY FOR TRAFFIC ONE AND GRCO, COMMERCIAL OVERLAY ZONEING FOR TWO. THIS CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLANNING COMMISSION. ITEM NUMBER Z-5, C14-02-076, LOCATED AT 12008 AND 12010 POLLYANNA AVENUE. THE NEIGHBORHOOD IS REQUESTING CONTINUANCE TO OCTOBER 10th. THIS IS THE FIRST REQUEST.

FIRST REQUEST?

YES.

Mayor: THERE ARE A COUPLE OF CITIZENS WHO SIGNED UP TO SPEAK ON THIS ONE. MARY HOUSEMAN AND PERSON DEBT ZIMMER, ARE YOU ALL HERE? PERSON DEBT ZIMMER, ARE YOU HERE? THIS CASE WILL NOT BE HEARD TODAY. SO WE WILL KEEP YOUR CARDS WHEN IT COMES BACK UP. I WILL NOT RECOGNIZE AT THIS TIME. THIS WILL BE A CONSENT FOR POSTPONEMENT ONLY.

THE NEXT ITEM IS NUMBER C14-02-82 FH. LOCATED EAST SLAUGHTER LANE. THE CHANGE IN ZONING IS FROM INTERIM RURAL RESIDENTIAL TO MULTI-FAMILY 3. CONDITION OVERLAY. THE ZONING AND PLANNING COMMISSION RECOMMENDATION IS TO GRANT THE MULTI-FAMILY ZONING REQUEST WITH THE CONDITIONAL OVERLAY AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z-7, 04284, LOCATED AT 8600 TO 7700 BLOCK OF BIG BOOU DRIVE, THE CHANGE IS FROM COMMUNITY RECREATION DISTRICT TO AUSTIN RESIDENTIAL DISTRICT. THIS CASE IS RECOMMENDED BY THE ZONING AND PLANNING COMMISSION AND IS READY FOR ALL THREE READINGS. ITEM NUMBER Z-8 IS C14-02-0295, LOCATED AT 6900 HICKS ROAD. THE CHANGE IN ZONING IS FROM RR, RURAL RESIDENTIAL, GENERAL COMMERCIAL SERVICES CONDITIONAL OVERLAY. THE ZONING COMMISSION RECOMMENDS A IS TO GRANT CSCO. THE CASE IS READY FOR ALL THREE READINGS. ITEM Z-9 TO Z-1496, SB SERVICES LOCATED AT 5501 PROJECT SPRINGS ROAD. THE CHANGE IN ZONING IS FROM AG, AGRICULTURE DISTRICT SERVICE ZONING TO LO OFFICE DISTRICT, BE IT ZONING AND PLANNING COMMISSION RECOMMENDATION IS TO GRANT LO, LIMITED OFFICE, AND THE CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER Z-10, AND WE WILL COME BACK TO THAT. Z-11, Z-14106, LOCATED AT WEST WILLIAM CANNON DRIVE AND WEST COMBATIC ROAD. SINGLE FAMILY 3 TO GL DISTRICT. THE ZONING COMMISSION RECOMMENDATION IS TO GRANT THE APPLICANT'S REQUEST WITH G.O ZONING WITH CONDITIONAL OVERLAY. THIS CASE IS READY FOR ALL THREE READINGS. ITEM NUMBER 12, C14-02-02109, LOCATED AT 700 TO 900 BLOCK OF EAST GLASSNY LANE. IT'S FOR COMMUNITY COMMERCIAL TO CSCO, GENERAL COMMERCIAL SERVICES WITH CONDITIONAL OVERLAY. THE CASE IS READY FOR ALL THREE READINGS.

Mayor: ON THIS ONE WEESHS HAVE A COUPLE OF SPEAKERS. IS IT 12, RIGHT?

YES.

Mayor: WE HAVE THE SPEAKER AND THE APPLICANT, AND MISS WHITE, BOTH OF THEM ARE IN FAVOR OF. I WILL RECOGNIZE YOU. IF YOU WISH TO SPEAK, I WILL RECOGNIZE YOU DURING THE CONSENT AGENDA. THIS ITEM IS ON THE AGENDA FOR APPROVAL ON ALL THREE READINGS SO IF YOU DON'T WISH TO SPEAK, YOU DON'T HAVE TO. IS MR. HASKINS HERE?

C14-02-115 LOCATED 1101 EAST ROOMBURG LANE, THE CHANGE OF ZONING IS SINGLE FAMILY 3 TO P, PUBLIC. ZONING COMMISSION RECOMMENDS GRANT P, CO, AND THE CASE IS READY FOR ALL THREE READINGS. THAT CONCLUDES THE CONSENT ITEMS.

Mayor: THANK YOU. TO GO OVER THE CONSENT ITEMS AGAIN, NUMBER ONE, IS TO POSTPONE FOR OCTOBER 24th. THIS REQUEST IS BEING PERMITTED BY THE STAFF. NUMBER 2 IS CONSENT FOR ALL THREE READINGS. THE THREE IS CONSENT FOR ALL THREE READINGS. NUMBER FOUR IS CONSENT FOR THREE READINGS. NUMBER FIVE IS CONSENT TO POSTPONE UNTIL OCTOBER 10th. AND THAT REQUEST CAME FROM THE APPLICANT. AND THE TWO PEOPLE THAT HAVE SIGNED UP TO SPEAK, WE WILL KEEP THEIR CARDS HERE UNTIL OCTOBER 10th SO THEY CAN BE PUT BACK ON THE LIST OF PEOPLE THAT ARE GOING TO SPEAK.

THOSE ARE REQUESTS FROM THE NEIGHBORHOOD ASSOCIATION.

Mayor: WHAT?

THEY ARE REQUESTS FROM FOR POSTPONEMENTS FROM THE NEIGHBORHOOD ASSOCIATION.

Mayor: THE NEIGHBORHOOD REQUESTED THE POSTPONEMENT?

YES, ON NUMBER FIVE.

Mayor: SIX IS CONSENT FOR THREE. SEVEN IS CONSENT FOR THREE. EIGHT CONSENT FOR THREE. NINE CONSENT FOR THREE. TEN IS A DISCUSSION ITEM. ELEVEN IS CONSENT FOR THREE. TWELVE IS CONSENT FOR THREE, AND THIRD TEEN IS CONSENT FOR THREE. QUESTIONS FOR MISS GLASGO AND MEMBERS OF THE STAFF?

MAYOR?

Mayor: COUNCIL MEMBER WYNN.

JUST ONE NOTE. ARE YOU GOING TO RECUSE YOURSELF ON C-13? [ LAUGHTER ]

Mayor: WHAT?

I'M KIDDING.

Mayor: OH, ON 13. I HAVE TO RECUSE MYSELF FROM THAT ONE. [ LAUGHTER ]

I THOUGHT WE CUT THAT DURING THE BUDGET.

I THOUGHT I PULLED IT. [ LAUGHTER ]

Mayor: DISCUSSION?

MAYOR?

Mayor: COUNCIL MEMBER SLUSHER.

MISS GLASGO, YOU HAVE Z-8 AND Z-11, THOSE ARE BOTH IN THE BARTEN SPRINGS ZONE. THOSE ARE FOR THIRD READING, ALL THREE READINGS. I WOULD LIKE TO PUT THE -- PUT A LANDSCAPING REQUIREMENT, THE SAME THING AS WE DID ON THE STRATUS AGREEMENT ON THERE. I THINK IT MAY NOT BE POSSIBLE TO DO THAT AND DO IT ON THIRD READINGS, OR IS IT?

MARTY IS FAMILIAR WITH THE STATUS AGREEMENT SO SHE'S FAMILIAR WITH THE LANGUAGE, AND SHE CAN DIRECT US ON.

IT'S AMAZING WHAT HAPPENS TO YOUR BRAIN AS TIME PASSES. I WOULD LIKE TO REQUEST IF WE COULD BRING THIS BACK ON THIRD SO I CAN EXPLORE EXACTLY WHAT THAT LANGUAGE IS BECAUSE I WANT TO MAKE SURE THAT I CAN PUT THAT LANGUAGE IN THE ORDINANCE FORMAT AS A CONDITIONAL OVERLAY. IF THAT IS ALL RIGHT WITH YOU?

Mayor: IS THAT FOR FIRST AND SECOND?

OKAY.

Mayor: Z-8 IS FOR FIRST AND SECOND.

MY UNDERSTANDING IS WHAT YOU WERE LOOKING FOR, YOU ARE LOOKING FOR THE INTEGRATED TEST MANAGEMENT.

THE NATIVE PLANTS, WATER SAVING PLANTS.

JUST A SECOND. GREG MAY HAVE SOMETHING.

OKAY.

EARLIER TODAY, WE POSTPONED AN ITEM THAT WAS KNOWN AS THE HARMON TRACK, AND PART OF THAT WAS AN INTEGRATED TEST MANAGEMENT PLAN, AND THAT WAS BEING DONE AND THROUGH A RESTRICTED COVENANT THAT WOULD HAVE TO BE AGREEABLE BY THE PROPERTY OWNER AND IT WOULD BE -- THE CITY WOULD BE A PARTY TO, AND ALSO THERE WAS A GROW GREEN PLANT LIST THAT WAS PART OF THAT. WHAT COUNCIL COULD DO IS AT FIRST READING APPROVE THOSE ITEMS, AND WE CAN GET WITH THE APPLICANT TO DRAFT THE COVENANT, AND WITH THE APPLICANT AGREEABLE ON THOSE TWO ITEMS BRING THIS BACK TO YOU WITH THE EXECUTED COVENANT AND PREPARE THAT READY FOR FINAL APPROVAL.

Mayor: WE'LL DO CONSENT ON FIRST READING TODAY.

MAYOR. I HAD A QUESTION ALSO ABOUT THE 333 SLAUGHTER, AND IS THERE A NUMBER ON THAT?

Z-2.

OKAY. WE'RE GETTING A NUMBER OF APARTMENTS IN THIS AREA. I JUST WANTED TO HEAR YOUR EXPLANATION. THE STAFF RECOMMENDED THAT, RIGHT?

YES. THIS IS AN AREA THAT WE ANNEXED AND BEFORE ANNEXATION THERE WAS A PLAN ALREADY SUBMITTED BEFORE ANNEXATION AND UNDER STATE LAW RESIDING THE PRIOR DEVELOPMENT COMMITMENT. THEY CAN PROCEED EVEN WITHOUT THE ZONING SO WITH THE CHANGING THE ZONING TO REALLY -- ZONING THE PROPERTY SO IT HAS PERFORMING ZONING, THE PLANS WERE ALREADY SUBMITTED BEFORE WE ANNEXED THE PROPERTY.

OKAY. I MEAN, IT IS CLOSE TO THE FREEWAY. I CAN SEE AN ARGUMENT FOR THAT. ARE THESE SINGLE FAMILY HOMES, THOUGH, THAT IT BACKED UP THERE ON OAK HILL LANE?

YES. I AM SHOWING THAT WE DO HAVE SINGLE-FAMILY HOMES THERE. IT SHOWS UP IN THE AREA. YES, THEY ARE THERE.

WHAT KIND OF BUFFER ARE THEY PUTTING IN?

I DON'T HAVE A COPY OF THE SITE PLAN, BUT THEY WOULD HAVE TO COMPLY WITH COMPATIBILITY STANDARDS WHICH WOULD REQUIRE THAT THEY PROVIDE, AT THE MINIMUM, A 25-FOOT BUFFER ADJACENT TO SINGLE FAMILY USES, AND OF COURSE, THE HEIGHT WOULD BE SET BACK ACCORDINGLY UNDER COMPATIBILITY STANDARDS.

DO YOU KNOW IF THERE WAS ANY DISCUSSIONS? WAS THERE A NEIGHBORHOOD GROUP THERE? DO YOU WANT TO ADDRESS THAT?

COUNCIL MEMBER THERE IS A NEIGHBORHOOD GROUP THERE. IT WAS FORMED AT THE REQUEST OF THE PLANNING COMMISSION SEVERAL YEARS AGO, AND I JUST HAPPEN TO BE THE PRESIDENT OF THAT NEIGHBORHOOD ASSOCIATION. BUT THERE IS -- WE HAVE ALSO WORKED WITH STAN, AND THEY LOOKED AT IT AND HAVE AGREED TO IT AND HAVE SEEN IT, AND THEY LIKED IT ALSO. CONTIGUOUS TO AND EAST OF THIS IS ANOTHER 500 SINGLE-FAMILY DWELLING LOTS THAT WILL BE COMING IN, AND WE HAVE DONE A TIA ON IT AND THE TRACT NEXT IT TO, AND THERE IS NO IMPACT BASED ON TI WAS FORMED. THERE WAS A TIA ALSO PERFORMED FOR THE HOME DEPOT TRACT. WHEN IT WAS SUBDIVIDED, IT REQUIRED A SIGNALIZATION TO SLAUGHTER.

STAN, DO YOU ALL AGREE WITH THAT? OKAY. AND THIS IS INTERESTING. I CONGRATULATE YOU FOR PUTTING APARTMENTS IN YOUR OWN NEIGHBORHOOD. I THINK THAT MIGHT BE A FIRST TIME.

WE'RE READY TO TURN OVER THE OWNERSHIP OF THAT NEIGHBORHOOD IF SOMEBODY WOULD TAKE IT.

ALL RIGHT. YOU GOT THAT ON TV NOW.

YES, SIR.

THAT'S ALL I HAVE, MAYOR.

Mayor: MR. HASKINS, I DIDN'T HEAR WHAT YOU SAID. DO YOU STILL WANT TO SPEAK? THIS ITEM IS ON CONSENT. NO. MISS WHITE? OKAY. THANK YOU. BOTH OF THEM ARE REGISTERED IN FAVOR OF. I WILL ENTERTAIN A MOTION FROM THE CONSENT AGENDA. WITH THE CHANGES THAT WE NOTED ON C-1. I MEAN ON Z-8 AND Z-11, WE WILL HEAR THAT OCTOBER 1st WITH THE CHANGES TO COME ON SECOND AND THIRD THAT WERE READ IN THE RECORD BY COUNCIL MEMBER SLUSHER.

MOVE.

SECOND.

Mayor: MOTION MADE PRO TEM AND SECONDED BY COUNCIL MEMBER WYNN. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

All: AYE.

Mayor: ALL THOSE OPPOSED. MOTION CARRIES. THAT'S A VOTE OF 7-0.

ITEM NUMBER Z-10 IS 0125. THE PROPERTY IS LOCATED AT 1502 WEST KENNING LANE. THEY'RE LOOKING FOR LR, NEIGHBORHOOD COMMERCIAL DISTRICT. THE ZONING AND PLANNING RECOMMENDATION WAS TO DENY THE REQUEST FOR LR ZONING, BUT INSTEAD, THE COMMISSION RECOMMENDS NEIGHBORHOOD OFFICE ZONING AND SO DOES STAFF. SEVERAL YEARS AGO THERE WAS A STUDY THAT WAS CONDUCTED AND APPROVED BY THE CITY COUNCIL AND THAT GUIDED REZONING AND DEVELOPMENT IN THE AREA. AS YOU KNOW, KENIC LANE USED TO BE PREDOMINANTLY A SINGLE-FAMILY RESIDENTIAL AREA, AND OVER TIME, DUE TO THE FACT THAT THE STREET IS RATHER BUSY, THE PLAN RECOGNIZED THAT CONCERN AND RECOMMENDED THAT IN THE FUTURE THE TRANSITION WOULD BE FROM THE SINGLE-FAMILY HOME THAT HAVE FRONTAGE ON KENIC LANE WHICH TRANSITIONED TOWARD OFFICE ZONING. NOW, THE -- THIS SUBJECT TRACT IS GROUNDED OR PROPERTIES ON THE EAST AND WEST OF THE PROPERTY ZONED SINGLE FAMILY. ON KENIC LANE, MAJORITY OF THE PROPERTY SOUTH OF THE LANE HAS BEEN ZONED L.O, AND THE PROPERTIES TO THE WEST OF THE SUBJECT TRACT THAT ARE ZONED COMMERCIAL HAVE N.O, AND LO ZONING. FOR THAT REASON, THE COMMISSION AND STAFF FELT THAT N.O WOULD BE APPROPRIATE BECAUSE YOUR COMMERCIAL TRAFFIC GENERATES FOR TRAFFIC THAN THE OFFICE DISTRICT. MY UNDERSTANDING OF THE APPLICANT'S REQUEST IS THAT HE WOULD LIKE TO HAVE PET SERVICES FACILITY, WHICH IS INTENDED TO PROVIDE A PET OBEDIENCE SCHOOL. THAT USE OBVIOUSLY IS NOT ALLOWED IN N.O. ZONING AND THAT'S WHY HE'S REQUESTING L.O., BUT THAT WOULD BE INCONSISTENT WITH THE GLEN STUDY AND INCONSISTENT WITH THE ZONING IN THE AREA. I WILL PUT A MAP UP TO SHOW YOU THAT.

Mayor: CAN YOU GET SOMEBODY ON THE OTHER MIC, PLEASE?

THE POWER SHOULD BE ON. THIS IS THE SUBJECT TRACT IN YELLOW, AND YOU CAN SEE TO THE WEST OF THE SUBJECT TRACT, YOU HAVE SINGLE FAMILY THREE ZONING WITH N.O AND L.O ZONING AND AT THE REAR OF THE PROPERTY, YOU HAVE SINGLE FAMILY THREE, AND WEST OF THE ROAD, YOU HAVE L.O ZONING TO THE SOUTH, L.O, SOME L.R, BUT PREDOMINANTLY,, YOU HAVE L.O.ZP ZONING IN THIS AREA. FOR THAT REASON, THE COMMISSION RECOMMENDS L.O. ZONING FOR THIS TRACT. I WILL LET THE OFFICE MAKE THAT PRESENTATION, AND I WILL BE GLAD TO RESPOND TO QUESTIONS IF ANY ARISE.

WE HAVE TWO PEOPLE SIGNED UP TO SPEAK AS APPLICANTS. MR. DEMEL AND MR. BALDRIGE. ONE OF YOU WILL GET FIVE MINUTES AND THE OTHER ONE WILL GET THREE. YOU ALL NEED TO TELL ME WHICH ONE IS GOING TO TAKE FIVE AND WHICH ONE IS GOING TO TAKE THREE. YOUR NAME? [ INAUDIBLE ] CHARLES DENLE. WILL SHOW IT TO THE STAFF. THERE YOU GO. YOU HAVE FIVE MINUTES TO MAKE YOUR PRESENTATION, AND THEN MR. BALDRIGE, ARE YOU HERE? YOU HAVE THREE MINUTES. THAT'S AFTER. WELCOME, SIR.

THANK YOU, MAYOR, AND COUNCIL MEMBERS FOR TAKING TIME TO HEAR OUR CASE. FIRST OF ALL, I'D LIKE TO TRY TO CORRECT WHAT STAFF'S STATEMENT WAS REGARDING THEIR UNDERSTANDING OF EXACTLY WHAT THE INTENDED USE WAS GOING TO BE. I BELIEVE SHE SAID OBEDIENCE, WHICH IS SOMEWHAT INCORRECT. THE GENTLEMEN WHO WANTS TO RUN THE BUSINESS THERE, NAMED MR. MANICS ACTUALLY DOES PET COUNSELING, WHICH IS QUITE DIFFERENT THAN PET OBEDIENCE SCHOOL. THE USE REQUIRES SOMETIMES THE PET TO BE BROUGHT THERE FOR 30 MINUTES THE PETS A NEVER BOARDED OR NNELED ON THE PROPERTIES, THTHS SOMETHINAAT@@@@@@@@@@@@@@O -- I'VE SEEN INSTANCES WHERE RESIDENTS OWN MANY MORE PETS THAN WOULD YOU LIKE TO SEE NEXT DOOR TO YOU AND THEY BECOME A NUISANCE THROUGH BARKING AND OTHER OBNOXIOUS ODORS AND WHAT-NOT, BUT THIS SPECIFIC USE IS DESIGNED TO DEAL WITH PETS AND COUNSELING NOT TO TRAIN THEM OR HAVE THEM ON SITE. HE GOES OFF PREMISES A LOT TO TAKE CARE OF THESE SERVICES, AS WELL, AND HE'S WANTING TO RELOCATE FROM TAYLOR, TEXAS, TO SERVICE HIS CLIENTS THAT ARE MOSTLY AUSTIN RESIDENTS IN THAT SITUATION. ANOTHER THING I WOULD LIKE TO DO, AND I WILL GO OVER TO THE MIC, AND STAFF DID POINT OUT -- OOPS, THAT'S A GOOD ONE. STAFF'S RECOMMENDATION WAS N.O., AND WHEN I LOOK AT THE MAP, I DON'T SEE VERY MUCH N.O.ON HERE, I SEE A LOT OF L.O., WHICH WE SHE WAS KIND ENOUGH TO POINT OUT, AND THEN I IN THE RED WILL THES THAT ARE GR AND MORE INCLUSIVE ZONINGS, ZS, AND AS SHE STATED, THE TRANSITION FROM SF-3 TO A MORE COMMERCIAL USE HAS BEEN GOING ON FOR SEVERAL YEARS. ONE OF THE STATEMENTS, AND I WASN'T ABLE TO BE AT THIS ZONING AND PLANNING COMMISSION HEARING WAS THE FACT THAT THEY RECOMMENDED NO TO DUE TO THE FACT THAT WE'RE BETWEEN TWO SF-3 PROPERTIES. THAT IS CORRECT TODAY, HOWEVER, WE'VE GOT LETTERS OF RECOMMENDATION FROM BOTH PROPERTY OWNERS THAT AGREE AND APPROVE OF OUR LR ZONING THAT WE'RE TRYING TO RECEIVE FROM COUNCIL TODAY. ALSO, THE NEW USE FOR THE PROPERTY TO THE WEST OF US IS AN INTENDED MORTGAGE COMPANY, SO THEY WILL BE COMING IN FOR EITHER AN LR OR L.O. FROM WHAT WE UNDERSTAND WITH THE NEW OWNERS, AS WELL. TO SUMMIT UP, I BELIEVE IF YOU LOOK AT THE MAP AND ARE FAIR AND REASONABLE IN THIS SITUATION, YOU CAN SEE PLENTY OF L.O. ON BOTH SIDES OF THE STREET. I BELIEVE AND PLENTY OF L.O.AND LR AND CS, GRs, CS DOWN ON THIS END OF THE STREET. THIS IS FROM WOODROW TO BURRNET. WHAT WE FEEL IS FAIR AND REASONABLE IS THE ZONING LR, AND WE'D ALSO LIKE TO PLACE ON THERE, IF POSSIBLE, MU ZONING FOR POSSIBILITY OF THE INTENDED USERS BEING ALLOWED TO HAVE RESIDENCE THERE, AS WELL. THAT'S PRETTY MUCH WHERE WE WOULD LIKE TO SEE IT GO. THANK YOU.

Mayor: THANK YOU. YOU WILL HAVE THREE MINUTES FOR REBUTTAL AFTER ALL THE SPEAKERS SPEAK. FOLLOWING MR. BALDRIGE IS CHRISTINE MANNUX AND DON LYDON WELCOME, SIR.

THANK YOU FOR HAVING ME. A COUPLE OF THINGS I JUST WANTED TO POINT OUT WITH THESE MAPS INDICATE, AND I REALIZE THEY'RE KIND OF HARD TO SEE IS THIS IS A EAST 6th STREET FROM LAMAR TO OPAC, WHICH SHOWS IT WAS A NICE, QUIET NEIGHBORHOOD, MUCH LIKE THE NEIGHBORHOOD ON CONIG, AND BECAUSE OF THE ARTERY THERE BEING EAST TO WEST, IT ALLOWED ALL OF THESE HOUSES TO GO COMMERCIAL. THE SAME GOES FOR 38th AND 35th STREET, AND THAT IS WHAT THEY HAVE IN COMMON WITH, 2222, IS THAT IT WAS A NICE QUIET NEIGHBORHOOD YEARS AGO, BUT BECAUSE THEY FRONT THE STREET, THE STREET, THEMSELVES, DICTATED THAT THESE PROPERTIES GO TO A MORE COMMERCIAL USE. THE CONIG HOUSE IS THERE, AND AS VICKY POINTED OUT, A LOT OF THOSE ON THE NORTH SIDE WHICH IS WHERE OUR PROPERTY LIES BEGS TO BE USED FOR LR. ANYTHING THAT IS LESS THAN THAT IS OF OLD ZONING. I WOULD CHALLENGE ANYBODY TO SHOW THAT IT WOULD HAVE ANY INVERSE, NEGATIVE IMPACT ON THE NEIGHBORHOOD THAT'S IN THERE. WE'RE NOT ASKING TO GO INSIDE THE NEIGHBORHOOD. THE CARS, THEMSELVES, THE STREET, THEY'RE GOING TO STAY RIGHT THERE ON THAT STREET. THEY'RE NOT GOING THROUGH THE NEIGHBORHOODS TO GET TO THE PROPERTIES, AND I LOOKED AT THE ACCIDENT STUDY REPORTS FOR THAT AREA, AND THAT AREA THERE, BETWEEN LAMAR AND BURRNET DON'T SHOW ANY NEGATIVE IMPACT ON TRAFFIC ACCIDENTS THAT WOULDN'T GO ANY ARE WELLS, AND I REALLY DON'T SEE THAT BEING LR, LO, OR NO IS GOING TO DRIVE ANY MORE TRAFFIC ONE FROM THE OTHER, THAT IS TO SAY IF IT'S NO, YOU'RE NOT GOING TO HAVE ANY LESS TRAFFIC THAN YOU WOULD IF YOU HAVE LR, AND LR, YOU WOULD NOT HAVE ANY LESS TRAFFIC, AND I JUST DON'T SEE ANY NEGATIVE IMPACT THAT CAN COME OUT OF THIS, AND I WOULD HOPE THAT YOU ALL WOULD SEE IT THE SAME WAY. THANK YOU.

Mayor: MR.

Mayor: MISS MANNUX AND FOLLOWING MISS MANNUX IS DAWN LIGHTEN-FARWELL.

THANK YOU VERY MUCH. I WANTED TO JUST GO AHEAD AND BRING UP A COUPLE OF THINGS THAT I THINK WERE MISUNDERSTOOD ABOUT THIS FROM THE BEGINNING. JUST LOOKING AT THE ZONING ENTIRELY SEPARATE FROM THE BUSINESS, IT DOES MAKE SENSE. I DON'T KNOW IF YOU HAVE DRIVEN DOWN CANIG. ONE LINE AWAY FROM US IS LR. IT'S AN INSURANCE OFFICE, AND AT THE INTERSECTION WHERE WE SIT, OR THREE LOTS AWAY, THERE IS TWO CAR LOTS, ONE USED AND ONE NEW, A GAS STATION, AND A PHARMACY. ALL UP AND DOWN THAT ROAD, THERE'S BUSINESSES, INCLUDING SOME PET SERVICES, THE AQUARIUM SHOWROOM AND OTHER BUSINESSES LIKE THAT ARE ALONG THERE. THE ONLY THING I HEAR WHEN I SIT ON MY PORCH IS POWER TOOLS FROM SOME OF THE LOCAL BUSINESSES. WE'RE NOT, OTHERWISE, I MEAN, ENCROACHING A RESIDENTIAL STREET. TO MY KNOWLEDGE AND I HAVE SPOKEN WITH MANY OF THE STAFF MEMBERS, THE NEIGHBORHOOD ASSOCIATION, BRENTWOOD NEIGHBORHOOD ASSOCIATION HAS NEVER OPPOSED US, ONLY DON BURRWELL HAS SPOKEN OUT AGAINST SEVERAL AREA BUSINESSES, AND JUST HAPPENS TO BE ON ONE COMMITTEE OF THE BRENTWOOD NEIGHBORHOOD ASSOCIATION. I DON'T BELIEVE HE REPRESENTS THEM BASED ON EVERYTHING I HEARD, AND EVEN HE, I HAVE FOUND, HAS STATED HE SUPPORTED SMALL OFFICES AND RETAIL THROUGH THE UT, THROUGH THEIR PROGRAM, THROUGH THE GIS MAPPING THAT THEY HAD DONE. THEY DID A PROJECT THAT WAS BROUGHT UP BY HIM, AND THAT'S WHAT THEY FOUND TO BE THE BEST USE FOR THAT NEIGHBORHOOD, AND ABOUT OUR BUSINESS, OUR BUSINESS, HIS BUSINESS, WE'VE BEEN A GOOD BUSINESS FOR THAT PROPERTY, WHEN WE MOVED IN, WE HAULED AWAY TWO DUMP TRUCKS OF TRASH. WE GOT RID OF ALL OF THEM, AND GENERALLY CLEANED IT UP, AND WE HAVE ALL THE PLANS TO CONTINUE TO IMPROVE THIS NEIGHBORHOOD. WE MOVED OR WE WANT TO MOVE TO AUSTIN FOR MORE SERVICES, AND WHILE WE ARE CALLED PET SERVICES, AND I DIDN'T REALIZE THE PROBLEM THAT OUR NAME WOULD BRING US LATER WHEN WE STARTED IN WILLIAMSON COUNTY, MY HUSBAND LEE SPEAKS ALL AROUND THE WORLD ABOUT DOG BEHAVIOR. HE'S VERY WELL KNOWN FOR AGGRESSION, AND PEOPLE COME FROM ALL OVER. RIGHT NOW, I'M IN THE MIDDLE OF A 10-DAY CONFERENCE THAT WE HOST AND ORGANIZE THAT WE BROUGHT TO THE AUCTION AREA FOR OTHER DOG TRAINERS TO COME IN AND LEARN FROM A BEHAVIORIST IN ENGLAND. YOU KNOW, WE DO OUR GUEST SERVICE FOR THE COMMUNITY. WE SIT IN THE NEIGHBORHOOD. WE DON'T HAVE BOARDING. WE DON'T BOARD DOGS AND TRAIN THEM. WE DON'T DO ANY OTHER THINGS THAT PEOPLE ASSOCIATE WITH IT. HE ONLY COUNCIL -- COUNSEL OWNERS SOMETIMES ON A ONE-ON-ONE BASIS THAT PEOPLE MIGHT BE HAVING, PROBLEMS THAT MIGHT HURT SOMEONE IN THE COMMUNITY. WE ARE A GOOD BUSINESS IN THE NEIGHBORHOOD. WE HELP PREVENT DOGS FROM ENTERING THE SHELTER SYSTEM, AND WE SUPPORT A LOT OF THE AREA NONPROFIT, SHELTERS, RESCUES AND OTHER SERVICES, INCLUDING THE HUMANE SOCIETY. THANK YOU.

Mayor: MR. DON LEIGHTON, AND MR. LOCKE AND MR. HOPE. WELCOME.

MAYOR, CITY COUNCIL, DON BURRWELL WITH THE BRENTWOOD NEIGHBORHOOD ASSOCIATION. I'M HERE REPRESENTING MYSELF AS WELL AS A VOTE OF THE STEERING COMMITTEE OF THE NEIGHBORHOOD ASSOCIATION WHICH OVERWHELMING SUPPORTS N.O ZONING AND OPPOSES THIS PARTICULAR ZONING AND IT HAPPENS THAT I ALSO LIVE AT THE ADJACENT PROPERTY BEHIND THIS HOUSE. NOT DIRECTLY BEHIND, BUT OUR REAR PROPERTY LINES, THE CORNERS SHARE THAT. SO I HAVE AN OPPORTUNITY EVERY DAY TO WATCH THIS BUSINESS. KEY THINGS TO CLARIFY HERE. THERE IS A BUSINESS RUNNING OUT OF THERE NOW. THEY MOVED INTO THAT PROPERTY TWO DAYS AFTER THE ZAPCO HEARING DENIED THE ZONING. WE'RE ASKING YOU TO UPHOLD STAFF'S RECOMMENDATION, ZAPCO'S RECOMMENDATION AND THE BRENTWOOD NEIGHBORHOOD STEERING COMMITTEE TO SUPPORT N.O. WE HAVE BEEN SUPPORTING N.O ZONING, THE TRANSITION FROM RESIDENTIAL TO N.O. AS ALICE SAID WITH IN THE GUIDELINES FOR THE BETTER PART OF 20 YEARS NOW. I'VE BEEN DOING THIS FOR THE NEIGHBORHOOD ASSOCIATION FOR ABOUT 18 YEARS. I'M AN ARCHITECT BY PROFESSION, SO I KNOW A LITTLE BIT ABOUT ZONING AND CERTAINLY HAVE HAD A LOT OF EXPERIENCE WITH THINGS ALONG KENIC LANE. THE ORIGINAL APPLICATION WAS MADE FOR LO BACK IN JUNE. I SPOKE WITH THE APPLICANT SHORTLY THEREAFTER, AND TOLD HIM WE WOULD SUPPORT N.O, AND IT WOULD BE A NO FUSS, NO MUS THING. THEY AMENDED THEIR APPLICATION TO LR BECAUSE THEY HAD PET SERVICES TENANT AVAILABLE FOR THAT SITE. ON AUGUST 6th, THE ZAPCO HEARING, LR WAS DENIED. TWO DAYS LATER, THEY MOVED IN THE PET SERVICES BUSINESS. ON THE -- ABOUT THREE DAYS LATER, CHRISTINE MAN NUX'S HUSBAND, LEE, WHO BY THE WAY, THEY LIVE IN GEORGETOWN, ALTHOUGH, THEY HAVE BEEN TELLING THE CODE ENFORCEMENT PEOPLE THAT THEY NOW LIVE AT THIS LOCATION, EVEN THOUGH THERE'S NOBODY THERE AFTER ABOUT 6:00 MOST EVENINGS, THE PET SERVICES, AND I TALKED TO THE PET SERVICES TENANT. TOLD THEM THAT THEY WERE ILLEGALLY USING THE PROPERTY, AND HE SAID, BUT I UNDERSTAND THAT IT WENT FINE. THAT MR. DENMEL AND MR. BALDRIGE TOLD HIM THAT HIT GONE FINE AT ZAPCO, AND I SAID, IT FINE IF FINE IS BEING THAT YOU WERE DENIED THE ZONING. HE SAID, WELL, THEN WE'VE BEEN LIED TO, AND I SAID, LIKELY, YOU HAVE. I FILED A COMPLAINT WITH CODE ENFORCEMENT ON THE 12th. THEY CITED THEM FOR HAVING AN ILLEGAL BUSINESS USE IN A RESIDENTIAL ZONING ON THE 22nd OF AUGUST. AND SO HERE WE ARE NOW. A COUPLE OF WEEKS AGO, THEY WERE HAVING OBEDIENCE TRAINING CLASSES IN THEIR REAR YARD. THERE WERE AT LEAST SIX DOGS AND TEN PEOPLE SO IF THIS IS, YOU KNOW, BEHAVIOR, OBEDIENCE, YOU KNOW, YOU CAN MINCE WORDS AROUND ANYWAY YOU WANT, WE ASK YOU TO TURN THIS DOWN. THANK YOU.

Mayor: THANK YOU VERY MUCH. MR. BURRWELL.

THANK YOU, MAYOR. I APPRECIATE YOU ALL LISTENING TO US TONIGHT. MY NAME IS RICHARD BROKE. I'M THE PRESIDENT OF THE BRENTWOOD NEIGHBORHOOD ASSOCIATION, AND I WANT TO REITERATE WHAT DON ALREADY STATED. WE'RE HERE WITH THE FULL AUTHORITY OF THE STEERING COMMITTEE VOTE IN SUPPORT OF N.O. ZONING OF THIS PROPERTY. WE'RE DEFINITELY AGAINST LR. WE'RE HOPING THAT, REALLY, -- WELL, OBVIOUSLY, THAT YOU ARE, TOO. I WANT TO COMMEND THE ZONING AND PLANNING COMMISSION. I WANT TO COMMEND STAFF FOR MAKING AN ATTEMPT TO USE THESE CONIG LANE GUIDELINES WHICH ALLOW FOR ORDERLY TRANSITION FROM SF-3 TO WHAT'S DESCRIBED IN THE GUIDELINES AS BUNGALOW OFFICE, AND FOR GOOD REASON. THE NEIGHBORHOOD IS SURVIVING BECAUSE OF THAT DELICATE BALANCE OF WHAT DOES OR DOESN'T HAPPEN ON KONIG LANE, AND I DON'T WANT IT TO BE -- OR I WOULD RATHER HOPE THAT YOU'LL SEE IT FROM OUR POINT OF VIEW, WHICH IS THE QUALITY OF LIFE IN THAT AREA IS JUST AS IMPORTANT AS SOMEONE'S DESIRE, UNDERSTANDABLE DESIRE TO MAYBE EARN MORE MONEY WITH MORE INVASIVE ZONING CATEGORY. I HAVE TO SAY THAT PERSONALLY, I'M A LITTLE DISAPPOINTED WHEN IT SEEMS A FORGONE CONCLUSION THAT NO ONE WOULD LIVE ON KONIG LANE. I WOULD HOPE THERE IS SOME HOPE THAT RESIDENTIAL ZONING COULD LIVE THERE AS THE CITY CHANGES, AND IT'S BEEN POINTED OUT THAT THE CITY HAS CHANGED, A PLACE IN THE CENTRAL CITY FOR A PERSON TO LIVE BECOMES MORE AND MORE IMPORTANT, AND I KNOW IF SOMEONE CAN SPEND $500,000 TO LIVE IN A HOUSE THAT OVERLOOKS A CHILI'S PARKING LOT, THEY MIGHT CONSIDER BUILDING A HOME ON A LOT ON KONIG, ESPECIALLY IF I AM SUCCESSFUL WITH PEOPLE LIKE DON IN PRESERVING THE RESIDENTIAL CHARACTER OF THAT AREA, SO WE'RE HOPING THAT YOU'LL LISTEN TO WHAT WE'VE SAID TONIGHT AND, YOU KNOW, LOOK AT WHAT THE ZONING AND PLANNING COMMISSION HAS ALREADY DECIDED AND WITH OUR SUPPORT AND STAFF SUPPORT, AND HOPEFUL THAT YOU WILL LIMIT THIS APPLICANT TO THE N.O. ZONING THAT WAS RECOMMENDED BY THE COMMISSION, BY STAFF AND BY OUR NEIGHBORHOOD ASSOCIATION. THANK YOU FOR LISTENING.

YOU CAN SEE THERE IS LR ALL UP AND DOWN THIS ROAD. SANDWICHED BETWEEN SF-3 AND JUST BETWEEN LR. THEY CLAIM THAT THEY REPRESENT THE NEIGHBORHOOD, BUT WHEN WE WENT THERE WE WENT UP AND DOWN THE STREET TALKING TO EVERYBODY THROUGH HERE, MAINLY THESE PEOPLE HERE, WHICH IS SF-3. AND EVERYBODY THERE AGREED AND SIGNED THESE PAPERS THAT WE JUST DREW UP, JUST A SIMPLE THING SAYING THAT WE HAVE NO PROBLEM WITH LR. WE UNDERSTAND THAT THIS STREET CAN HANDLE LR AND IT WOULD BE OF NO NEGATIVE IMPACT WHATSOEVER. DAN BURL, WHO CLAIMS THAT HE REPRESENTS THE NEIGHBORHOOD, DIDN'T TALK TO ANYBODY. HE DIDN'T TALK TO THE LADY THAT LIVES NEXT DOOR, MRS. MOTT. HE DIDN'T TALK TO THE FELLOW NEXT DOOR THAT OWNS THERE. SO I DON'T KNOW WHO HE'S REPRESENTING AS HE CLAIMS HE IS, BUT WE WENT OUT AND TALKED TO HIM AND WE WERE THE ONLY PEOPLE THAT APPROACHED HIM AND THEY HAD NO PROBLEM WITH LR. AND THERE AGAIN I WANT TO POINT OUT THAT LR AND GR IS ALL UP AND DOWN THE NORTH SIDE. THESE AREN'T IN -- NEAR ANY INTERSECTIONS, AS THE OTHER GENTLEMAN POINTED OUT ON THE CORNERS. THIS IS NOT ON A CORNER. AND MAY I POINT OUT ONE OTHER THING? YEARS AGO -- AND I DON'T KNOW IF DON WAS THERE OR NOT AT THE TIME, BUT THEY PROPOSED A ZONING CHANGE FOR CS BACK IN THE NEIGHBORHOOD, AND IT'S THIS PIECE OF PROPERTY RIGHT HERE, WHICH IS SF-3. THEY HAD NO PROBLEMS DOING THAT BECAUSE IT WAS FOR SOMETHING THAT THEY WANTED TO DO. AND THEY ALL GOT TOGETHER AND CAME DOWN HERE AND EVERYBODY AGREED. AND IT'S BACK ONE BLOCK INTO THE NEIGHBORHOOD. AND AS LONG AS THEY CONTROL THE PROPERTY I ASSUME THEY CAN DO WHATEVER THEY WANT, BUT SINCE THEN YOU'VE GOT A VEHICLE INSPECTION THERE AND ANOTHER OFFICE BUILDING THERE. SO FOR THEM TO COME UP AND SAY THAT LR IS NOT GOING TO BE COMPATIBLE WITH THE NEIGHBORHOOD, IT JUST DID HEPHIZE LOGIC TO ME. AND OWE DEFIES LOGIC TO ME. AND THIS HAS BEEN GOING ON FOR SOME TIME. AND I THINK EVERYBODY IS QUITE AWARE OF WHAT THIS STREET IS OF THE MAJOR ARTERY THAT CONNECTS I-35 -- [ BUZZERBUZZ -- AND MOPAC, AND THE BUSINESSES DID NOT CREATE THE TRAFFIC, THE TRAFFIC WAS CREATED PRIOR TO THE BUSINESSES. THE BUSINESSES HAPPEN TO BE A BY PRODUCT OF THAT.

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

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. THE PUBLIC HEARING IS CLOSED. DISCUSSION ON ITEM Z-10? QUESTIONS OF MS. GLASGO?

COUNCIL, JUST ONE COMMENT I WANTED TO MAKE IS FOR THOSE WHO WERE NOT AROUND WHEN THE KOENIG STUDY WAS INITIATED AND IT'S HARD TO UNDERSTAND AND APPRECIATE WHEN YOU SEE A MAP, THE MAP MAY NOT TELL YOU WHEN THE ZONING OCCURRED. TYPICALLY A STUDY IS INITIATED BY THE -- AS A DIRECTION OF COUNCIL BECAUSE SOMETHING HAS OCCURRED. THE REZONINGS THAT YOU SEE ON THE PROPERTY THAT HAVE CS AND LR IN THE MIDDLE OF CASES THAT WERE INITIATED AND -- THE CS WAS 1947. THE OTHER WAS 1959. AND THEN OVER TIME, AS YOU CAN TELL FROM THE MAP YOU HAVE IN YOUR BACKUP, EVERYTHING SOUTH OF THE SUBJECT TRACT, THE REZONINGS THAT ARE LO ALL OCCURRED IN THE MID '80'S RIGHT AFTER THE STUDY WAS CONDUCTED. SO BEFORE THE STUDY WAS INITIATED AND ADOPTED BY COUNCIL, YES, THE REZONINGS WERE OCCURRING WITHOUT A LOT OF GUIDANCE, HENCE WHY YOU SEE THE CS AND GS AND LR IN PLACES THAT YOU WOULDN'T TYPICALLY HAVE IT BECAUSE THERE WAS A LACK OF GUIDANCE AND VISION FOR THE AREA. BUT THE STUDY WAS APPROVED IN 1981. AFTER 1981 YOU CAN TELL FROM THE MAP THAT THE REZONING FROM THE DATES THEREAFTER HAVE OCCURRED IN A MANNER THAT REFLECTS THE STUDY. I JUST WANTED TO POINT THAT OUT. BECAUSE WHEN YOU LOOK AT A REGULAR MAP WITHOUT KNOWING WHAT THE NUMBERS STAND FOR, IT'S HARD TO TELL WHEN THE CHANGES OCCURRED. I WANTED TO TELL YOU THAT.

Mayor Garcia: MAYOR PRO TEM?

Goodman: COULD YOU GO OVER BRIEFLY WHAT THE ISSUES ARE THAT WOULD MAKE THIS PARTICULAR USE UNABLE TO BE ABLE TO FIT WITHIN N.O. OR LO, WHY IT NEEDS TO BE LR SPECIFICALLY?

WE HAVE A DEFINITION THAT FALLS UNDER PET SERVICES, AND THIS USE FALLS UNDER THAT. WE ALSO HAVE KENNEL SERVICES, WHICH YOU HAVE KENNELS WHERE YOU TAKE YOUR DOGS OR PETS, AND THEY STAY THERE, WHICH IMPLIES MORE INTENSIVE ZONING. THIS IS A MORE STRICT RELATED ZONING. YOU HAVE YOUR GROOMING. AND ALTHOUGH A PET COUNSELING IS NOT SPECIFICALLY CALLED UP, BUT THIS IS THE CLOSEST BETWEEN YOUR KENNELS AND PET SERVICES. BETWEEN PET SERVICES AND LR IS THE DISTRICT, THE FIRST COMMERCIAL DISTRICT THAT IS ALLOWED UNDER IT.

Goodman: WHAT IS IT ABOUT PET SERVICES THAT REQUIRES A RETAIL ZONING RATHER THAN AN OFFICE? IT'S NOT A KENNEL SERVICE OR A VETERINARIAN OR ANYTHING WHERE -- OR WITH ENOUGH SPACE TO HAVE A GREAT MANY DOGS THERE.

UNDER PET SERVICES SECTION THERE'S SMALL ANIMAL CLINICS. HE'S INDICATED THAT THEY'RE COUNSELING THE DOGS. UNDER THE DEFINITION OF PET SERVICES, IT INDICATES THAT THE USE INCLUDES PET STORES, SMALL ANIMAL CLINICS AND PET GROOMING SHOPS, BUT EXCLUDES USES FOR LIVESTOCK OR LARGE ANIMALS.

Goodman: RIGHT. AND WHAT I'M TRYING TO FIND OUT IS WHAT IS THE USE OR THE MATERIALS OR THE ASSUMPTIONS THAT GO WITH PET SERVICES THAT MOVE IT INTO A HIGHER ZONING CATEGORY LIKE RETAIL INSTEAD OF -- WHAT WAS THE REASON FOR SEPARATING THAT SORT OF THING UP UPWARDS? WHAT GOES INTO OFFICE AND WHAT GOES INTO RETAIL, AND TAKING INTO ACCOUNT I ASSUME THE NUMBER OF SQUARE FEET YOU CAN HAVE IN N.O., WHAT THEN WENT INTO DECIDING THAT THIS KIND OF SERVICE WOULD NOT FIT OR THAT ANY KIND OF SERVICE WITH ANIMALS?

WHEN THE ZONING ORDINANCE WAS WRITTEN IN -- THE DEFINITION IN '84, I WASN'T INVOLVED IN IT, BUT I'M ASSUMING THAT THE DISTINCTION WOULD HAVE BEEN FOR YOUR OFFICE USES. YOU HAVE THE PURELY OFFICE ADMINISTRATION VERSUS YOUR PET OR ANIMAL SERVICES OR KENNELS. THAT'S THE ONLY DISTINCTION I CAN THINK THAT THEY MAY HAVE DRAWN AND NOT THOUGHT OF IN IT BEING THOUGHT OF AS MORE OF A MEDICAL OFFICE WHERE YOU WOULD IF YOU WERE GOING TO SEE A DOCTOR, UNDER N.O. -- IN LO YOU CAN HAVE A MEDICAL OFFICE. IT'S PROBABLY NOT AN ASPECT THAT WAS CONTEMPLATED THEN, HOWEVER IT'S HERE TOMORROW TOWED, SOMETHING THAT'S OCCURRING THAT COULD FALL UNDER LO AS A MEDICAL OFFICE FOR ANIMALS OR SMALL PETS.

Goodman: I DON'T THINK THIS WOULD QUALIFY FOR MEDICAL.

IF WE WERE REWRITING THE CODE TODAY TO ACCOMMODATE SUCH A USE IN AN OFFICE DISTRICT WOULD HAVE TO DEFINE IT AS A PET. COUNSELING A PET, SOMETHING OF THAT NATURE TO BE ABLE TO PUT IT UNDER THE LO OFFICES WHERE WE PUT MEDICAL RELATED USES.

Mayor Garcia: FURTHER QUESTIONS, COMMENTS? IF NOT, I'LL ENTERTAIN A MOTION ON ITEM Z-10.

Wynn: MAYOR, I MOVE APPROVAL OF STAFF RECOMMENDATION TO GRANT N.O. BASED ON JUST THE WHOLE RATIONALE FOR WHY WE'VE GONE THROUGH NEIGHBORHOOD PLANNING. THERE'S SO MUCH MORE ATTENTION NOW TO LAND USE WITHIN OUR CITY OR JUST TRY TO DO A BETTER JOB OF FRANKLY CLEANING UP PAST HODGEPODGE ZONING. AND I THINK THERE'S ENOUGH OPPORTUNITY FOR THE PROPERTY OWNER UNDER N.O. TO HAVE A VERY FAIR CHANCE AT GETTING APPROPRIATE TENANTS FOR THAT BUILDING.

Goodman: AND I'LL AISLE SECOND THAT, MAYOR, WITH ONE MORE COMMENT ABOUT THE LAND USE ITSELF IF I COULD. WHICH IS IF YOU LOOK AT WHAT HAPPENED WITH THE UNGUIDED ZONING AND DEVELOPMENT, WHAT WE'RE DOING HERE IS NOT CONDUCIVE EVEN TO THE KIND OF END NEIGHBORHOOD SERVICES THAT WE TRIED TO INTRODUCE WITH NEO URBANISM, TRADITIONAL URBANISM. INSTEAD IT'S THE TYPICAL STRIPPING OUT. AND AS SOON AS YOU MOVE BEYOND THE CORNERS AND SKIP LOTS THAT REMAIN SINGLE-FAMILY, THEN YOU HAVE SET THE TONE FOR REST OF THAT BLOCK AND ANYBODY ELSE WHO COMES IN WOULD BE ABLE TO THEN SAY, IT'S LOGICAL, IT'S COMPATIBLE AND THIS WHOLE STRIP IS FRONTING ON KOENIG, THEREFORE WE SHOULD HAVE THAT ZONING TOO.

Mayor Garcia: THERE IS A MOTION AND A SECOND FOR STAFF RECOMMENDATION. FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. COUNCIL, WE HAVE 15 MINUTES BEFORE WE GO TO THE TIME CERTAIN MUSIC, AND WE HAVE ITEM 8 THAT SHOULD NOT TAKE A LONG TIME, AND THEN WE HAVE ITEMS Z-14 AND 15, WHICH WILL TAKE LONGER THAN 15 MINUTES. AND WE HAVE ITEMS 31 -- AND I THINK THE PEOPLE THAT ARE HERE FOR C-14 AND 15 ARE ALSO INTERESTED IN 31, SO IF IT'S OKAY WITH THE COUNCIL, I WILL RECESS THE ZONING HEARINGS FOR A FEW MINUTES AND GO TO ITEM NUMBER -- EXCUSE ME. GO IT ITEM NUMBER 8, WHICH IS PRESENTATION AND POSSIBLE ACTION ON THE PROPOSED HAZARDOUS PIPELINE ORDINANCE. AND CALL ON MS. LISA GORDON, THE ASSISTANT CITY MANAGER FOR THIS ITEM.

THANK YOU, MAYOR. COUNCIL, YOU HAVE DIRECTED STAFF ABOUT 30 DAYS AGO TO RESEARCH AND LOOK INTO DRAFT COMPONENTS FOR A PIPELINE ORDINANCE, AND WE HAVE DONE SOME OF THAT RESEARCH. AND WE WOULD LIKE TO BRING THE COMPONENTS AND ANALYSIS THAT WE HAVE TO DATE THROUGH A STAKEHOLDER PROCESS OVER THE NEXT 60 DAYS, AND THEN TO COME BACK TO COUNCIL WITH AN ORDINANCE FOR YOUR REVIEW AND APPROVAL AT THAT TIME. WE HAVE PROPOSED THAT THE STAKEHOLDER PROCESS WOULD BEGIN MID OCTOBER AND GO THROUGH NOVEMBER, AND WE'D BE BACK TO COUNCIL TENTATIVELY IN DECEMBER. AND FIRE CHIEF GARY WARREN IS HERE AND WE'D LIKE TO HAVE HIM GIVE YOU AN OVERVIEW OF THE KEY COMPONENTS OF THE PROFESSIONS THAT THE STAFF IS LOOKING AT. WE WILL HAVE THIS ORDINANCE AVAILABLE NO LATER THAN MONDAY. WE'LL POST IT ON THE INTERNET AS WELL AS DISTRIBUTE IT TO INTERESTED STAKEHOLDERS AND HAVE IT AVAILABLE FOR THE PUBLIC. AND THEN WE'LL GO OUT AND DO PUBLIC PRESENTATIONS. CHIEF WARREN?

COUNCIL, I'M GARY WARREN AND I DO HAVE A DRAFT ORDINANCE THAT WE'RE WORKING ON RIGHT NOW. AND THE PARTS OF THE ORDINANCE THAT YOU MIGHT BE INTERESTED IN IS THAT ANYTHING THAT'S BEING CONSTRUCTED WITHIN 200 FEET OF A PIPELINE WOULD NEED TO GO THROUGH REVIEW BEFORE IT'S CONSTRUCTED IN ORDER TO MAKE SURE THAT CERTAIN SAFETY PROVISIONS ARE PROVIDED. AND THAT WOULD APPLY TO PIPELINES EIGHT INCHES IN DIAMETER OR LARGER THAT WOULD BE CARRYING HAZARDOUS MATERIALS. AND RIGHT NOW THIS ORDINANCE DOES NOT INCLUDE THOSE PIPELINES THAT CARRY NATURAL GAS. FOR EXISTING STRUCTURES THAT ARE ALREADY BUILT AND BEING USED NOW, THERE WOULD BE NO RETROFIT REQUIRED, AND IT ALSO -- THIS PROCESS INCLUDES A VARIANCE PROCESS FOR THOSE SPECIAL CASE, DIFFERENT SITUATIONS THAT NEED TO BE CONSIDERED SEPARATELY. AND THIS ORDINANCE THEN WOULD -- FOR THIS PORTION THAT HAS TO DO WITH FIRE CODE AND FIRE CONCERNS WOULD APPLY TO THOSE STRUCTURES WITHIN THE CITY LIMITS AND THEN LIMITED PURPOSE. THOSE ARE THE GENERAL PROVISIONS OF THAT ORDINANCE.

THE ONLY OTHER PROVISION I WOULD LIKE TO HIGHLIGHT, COUNCIL, WOULD BE A FINANCIAL RESPONSIBILITY. AND THAT WOULD BE A COMPONENT GEARED AT MAKING SURE THAT PIPELINE OPERATORS IN THE CITY HAVE THE ADEQUATE INSURANCE TO COVER ANY POTENTIAL ACCIDENTS AND THAT THERE'S SOME MITIGATION MEASURES. AND THOSE ARE THE ONLY COMPONENTS OF THE ORDINANCE WE WANT TO HIGHLIGHT AT THIS TIME UNTIL WE TAKE THROUGH A STAKEHOLDER PROCESS AND ARE ABLE TO CONTINUE TO DO OUR RESEARCH AND ASSESS WHAT WOULD BE AN ORDINANCE THAT COUNCIL COULD APPROVE IN ABOUT 60 DAYS. I THINK THAT'S ALL MY COMMENTS.

Mayor Garcia: FOR THOSE OF YOU THAT ARE INTERESTED IN THIS PARTICULAR ISSUE, THIS IS NOT JUST FOR THE PIPELINE, THE LONGHORN PIPELINE, IT'S GETTING READY TO BE USED, BUT ALSO FOR ALL THE PIPELINES THAT WILL RUN IN THE CITY. AND THERE WILL BE FOUR STAKEHOLDER MEETING PLACES, L.B.J. HIGH SCHOOL ON OCTOBER 14TH, JOHNSTON ON THE 21st. LANGFORD ELEMENTARY ON THE 28th AND THOSE WILL ALL PUBLICIZED TO THE PUBLIC CAN COME TO THE MEETINGS AND HAVE THE PROPOSED ORDINANCE EXPLAINED TO THEM. ADDITIONALLY THE ENVIRONMENTAL BOARD ON NOVEMBER THE 13TH WILL HEAR IT, THE PLANNING COMMISSION ON NOVEMBER 20TH, THE BUILDING AND FIRE CODE BOARD ON DECEMBER FOURTH. DOES THE COUNCIL HAVE ANY QUESTIONS FOR THE CHIEF? IF NOT, CHIEF, THANK YOU VERY MUCH.

THANK YOU.

Mayor Garcia: AND THANK YOU, MS. GORDON. IT IS 5:20. I'M GOING TO RECESS THE MEETING UNTIL WE COMPLETE THE -- THE MUSIC AND PROCLAMATIONS AND A LITTLE SUPPER FOR THE COUNCIL. AS SOON AS WE COMPLETE THAT WE'LL BE BACK HERE AND PICK UP ON Z-14, 15, WHICH IS THE NEIGHBORHOOD PLANS FOR NORTH -- I'M SORRY, THE SOUTHEAST AUSTIN COMBINED NEIGHBORHOOD PLAN. AND ALSO WE WILL HAVE ITEM NUMBER 31, WHICH IS THE MARKET THAT'S BEING PROPOSED, AND THAT'S A THIRD READING ITEM THAT WE WILL HAVE AT THAT TIME. SO WE ARE NOW RECESSED AND WE'LL BE BACK PROBABLY AROUND 6:15.

Mayor Garcia: GOOD AFTERNOON.

EVERYBODY. AS IS NOW A TRADITION HERE AT OUR CITY COUNCIL MEETINGS, AT 5:30 -- AND WE'RE A COUPLE OF MINUTES EARLY, BUT THAT'S OKAY -- WE HAVE MUSIC, AND THIS IS AN EFFORT TO TAME THE BEAST IN ALL THE COUNCILMEMBERS SO THEY CAN PROCEED WITH THE MEETING AND BEHAVE. TODAY WE HAVE PAUL FINLEY WITH US. MR. FINLEY GREW UP PLAYING GUITAR IN THE LAND OF CHEESE AND BEER, WISCONSIN. HE RELOCATED TO AUSTIN IN 1987 AND HAS MADE RECENT APPEARANCES PLAYING THE MANDOLIN AND WITH THE WIND ENSEMBLE. HE TEACHES AT THE AUSTIN GUITAR SCHOOL AND PLAYS REGULARLY AS A THEATER MUSICIAN FOR THE COMEDY THEATER I AM PROF GROUP. TODAY HE CELEBRATES THE RELEASE OF HIS FIRST SO LOW ALUM, A.D., WHICH HAS MADE HIM BRING ALL OF THINKS TALENTS TOGETHER. SO PLEASE HELP ME IN WELCOMING PAUL FINLEY. [ APPLAUSE ] (music). (music) [ MUSIC PLAYING ] [ MUSIC PLAYING ] [ APPLAUSE ]

Mayor Garcia: WELL, YOU CAN TELL THE AUDIENCE WHERE YOU'RE GOING TO BE PERFORMING SO THEY CAN GO SEE YOU WITH YOUR GROUP OR BY YOURSELF OR WITH A COMEDY GROUP.

GLADLY. I'LL BE PLAYING A NUMBER OF SOLO SHOWS THIS -- SATURDAY NIGHT AND SUNDAY NIGHT. THE FIRST SHOW IS AT THE TRY UMP CALF O. -- TRIUMPH CAFE ON SPICEWOOD SPRINGS I BELIEVE FROM 7:00 TO 9:00 THIS SATURDAY THE 28TH. THE 29TH I'LL BE PLAYING AT CAL VARY WORSHIP CENTER, OPENING FOR A TOURING CHRISTIAN ARTIST. AND THE FOLLOWING WEEKEND -- LET ME LOOK AT MY SCHEDULE HERE. I HAVE A LOT TO KEEP TRACK OF. GIGS ARE A PART OF THAT. CAFE MUNDI ON FRIDAY, OCTOBER FOURTH AND SATURDAY, OCTOBER 5TH AT KENNY'S COFFEE COMPANY IN ROUND ROCK. YOU CAN LOOK ME UP ON THE WEB AT PAULFINLEYMUSIC.COM. THAT'S FINLEY. YOU DON'T SEE PAULFINLEY.COM BECAUSE YOU WILL FIND A PORCELAIN DEALER IN NEW YORK.

Mayor Garcia: WE HAVE A PROCLAMATION FOR YOU THAT READS AS FOLLOWS. BE IT KNOWN THAT WHEREAS THE LOCAL BUSINESS COMMUNITY MAKES MANY CONTRIBUTIONS TOWARDS THE DEVELOPMENT OF AUSTIN'S SOCIAL, ECONOMIC AND CULTURAL DIVERSITY AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AS THE LIVE MUSIC CAPITOL OF THE WORLD, NOW I THEREFORE, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM SEPTEMBER THE 26TH, 2002 AS PAUL FINLEY DAY IN AUSTIN. AND I EVEN PUT MY SIGNATURE ON THIS ONE.

ALL RIGHT. [ LAUGHTER ] [ APPLAUSE ]

Mayor Garcia: AM I DOING ALL OF THEM OR IS SOMEBODY ELSE? IS KAY MARTIN HERE? WELCOME. GOOD TO HAVE YOU HERE. HAVE YOU GOT SOME PEOPLE WITH YOU?

YES, WE DO. LOCAL VISUAL ARTISTS. [ LAUGHTER ]

Mayor Garcia: DOING A LITTLE PROMO? THIS PROCLAMATION IS PRESENTED TODAY AND READS AS FOLLOWS: BE IT KNOWN -- AND MORE EXPLANATIONS WILL BE GIVEN ON THIS PARTICULAR PROCLAMATION BY KAY AND I GUESS SOMEBODY ELSE. JUST YOU? BE IT KNOWN THAT WHEREAS VISUAL ARTS UNITED OF AUSTIN MISSION IS TO PROMOTE AUSTIN AS A NATIONAL VISUAL ARTS CENTER AND TO PROMOTE COLLABORATIONS BETWEEN ARTISTS AND THE COMMUNITY. AND WHEREAS TO CELEBRATE THIS SPECIAL MONTH, VISUAL AUSTIN HAS SET UP A DYNAMIC STATE CAPITOL ARTS EXHIBIT FEATURING DISPLAYS OF CREATIVE WORK AS WELL AS AN OPPORTUNITY TO ENGAGE IN AN INTERACTIVE ART AND TO LEARN ABOUT THE VARIOUS VISUAL ARTS AUSTIN MEMBER ORGANIZATIONS. AND WHEREAS AUSTINITES ARE ENCOURAGED TO CELEBRATE THE CULTURAL ENRICHMENT PROVIDED BY OUR VISUAL ARTS COMMUNITY BY ATTENDING THE MONTH-LONG EXHIBITS AT THE STATE CAPITOL AND OTHER LOCATIONS AROUND AUSTIN. NOW THEREFORE, I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM OCTOBER 2002 AS VISUAL ARTS MONTH IN AUSTIN. AND I PRESENT THIS PROCLAMATION TO YOU AND YOU CAN SPEAK SOME MORE ABOUT WHAT Y'ALL ARE GOING TO DO.

THANK YOU VERY MUCH. [ APPLAUSE ]

THANK YOU. THANK YOU, MAYOR GARCIA AND AUSTIN COUNCILMEMBERS. VIEW AUSTIN, ITS 10 MEMBER VISUAL ARTS ORGANIZATION REPRESENTING OVER 3,000 INDIVIDUAL ARTISTS, ARE PLEASED TO ACCEPT THIS PROCLAMATION OF OCTOBER AS VISUAL ARTS MONTH IN AUSTIN. OUR MEMBERS HAVE BEEN WORKING HARD TO YEAR TO PROVIDE BOTH THE VISITOR AND LOCALS OF AUSTIN A WIDE VARIETY OF VISUAL ARTS EXPERIENCES FOR THE UPCOMING MONTH OF OCTOBER. DURING THE MONTH THE STATE CAPITOL WILL HOST FOUR WEEKLY EXHIBITS IN THE LOWER ROTUNDA. ADDITIONALLY THERE WILL BE HUNDREDS OF OTHER VENUES, GALLERIES, STUDIOS AND MUSEUMS INVOLVED IN THIS CELEBRATION OF THE VISUAL ARTS. MOST VENUES HAVE FREE ADMISSION. OUR BROCHURE GIVES THE DETAILS OF THESE EVENTS AND ITS AVAILABLE THROUGH MANY CITY OUTLETS, AND IS ALSO LISTED ON OUR WEBSITE, WWW.VUAUSTIN.COM. OUR MEMBER ARTISTS ARE READY WITH WILLING HANDS, OPEN HEARTS AND CREATIVE MINDS. THEY DONATE THEIR TIME AND RESOIRSS TO PUT OUR AUSTIN AND YOUR AUSTIN ON THE NATIONAL MAP AS A VISUAL ARTS DESTINATION. OUR GOAL IS TO RIVAL SANTA FE, NEW YORK AND OTHER CITIES WITH THE TRADITION OF ART BUYING. AUSTIN NEEDS TO BE COUNTED AMONGST THE TOP THREE ART BUYING CITIES IN THE U.S., AND WE CAN DO IT WITH DETERMINATION AND HARD WORK. VIEW AUSTIN AND OUR MEMBERS WANT TO ATTRACT TOURISTS TO AUSTIN TO BUY ART. VIEW AUSTIN WANTS TO PARTNER WITH OUR COMMUNITY TO ENTICE LOCALS, BOTH BUSINESSES AND FAMILIES, TO LIKEWISE INVEST AND TO SUPPORT LOCAL ARTISTS. ON BEHALF OF MY ARTIST COLLEAGUES, I WANT TO THANK THE AUSTIN CITY COUNCIL AND YOU FOR YOUR WILLINGNESS AND SUPPORT OF AUSTIN LOCAL ARTISTS THIS OCTOBER AND YEAR-ROUND. THANK YOU. [ APPLAUSE ]

Mayor Garcia: I GUESS AT THIS DATE AND TIME GIVEN THE FINANCIAL SITUATION IN THIS COUNTRY, FINANCIAL PLANNING IS MORE IMPORTANT THAN EVER. PEOPLE, YOU KNOW, THROUGHOUT THIS COUNTRY, THROUGHOUT THIS STATE, THROUGHOUT THIS CITY ARE EXPERIENCING DIFFICULTY IN ARRANGING THEIR FINANCIAL MATTERS, SO THE FOLKS THAT ARE HERE TODAY ARE ENORMOUSLY IMPORTANT TO MAKE SURE THAT OUR FOLKS ARRANGE THEIR FINANCIAL PLANS SO THAT THEY CAN HAVE SECURE FUTURE. SO IN ISSUING THIS PROCLAMATION, I WANT TO SAY TO THE FOLKS THANK YOU VERY MUCH FOR THE WORK THAT YOU DO TO HELP OUR FOLKS GAIN FINANCIAL SECURITY. THIS PROCLAMATION READS AS FOLLOWS: BE IT KNOWN THAT WHEREAS THE FINANCIAL PLANNING PROCESS ALLOWS INDIVIDUALS TO ACHIEVE THEIR DREAMS BY EMPOWER ESPECIALLYING THEM TO -- EMPOWER THEM TO IDENTIFY AND MANAGE REALISTIC FINANCIAL GOALS AND TO NEGOTIATE FINANCIAL BARRIERS AS THEY ARISE AND WHEREAS THE FINANCIAL PLANNING ASSOCIATION REPRESENTS 28,000 28,000 MEMBERS AND IS DEDICATED TO SUPPORTING THE FINANCIAL PLANNING PROCESS AND PROVIDING INDIVIDUAL WITH SOUND FINANCIAL ADVICE AND WHEREAS THE FINANCIAL PLANNING ASSOCIATION PROVIDES ONGOING TRAINING FOR ITS MEMBERS AND ENCOURAGES THOSE WORKING -- THOSE SEEKING FINANCIAL PLANNING ADVICE TO USE THE SERVICES OF A CERTIFIED FINANCIAL PLANNER, NOW THEREFORE I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM OCTOBER SEVENTH THROUGH THE 13TH OF THE YEAR 2002 AS NATIONAL FINANCIAL PLANNING WEEK IN AUSTIN. AND WITNESS HERE I HAVE UNDER MY HAND AND CAUSE OF SEAL OF THE GREAT CITY OF AUSTIN TO BE AFFIXED THIS 26TH DAY OF SEPTEMBER IN THE YEAR 2002. AND I PRESENT THIS PROCLAMATION TO YOU. [ APPLAUSE ]

THANK YOU VERY MUCH.

MAYOR GARCIA. MY NAME IS PAT DILLON. I'LL BE SPEAKING ON BEHALF OF THE FINANCIAL PLANNING ASSOCIATION. FIRST OF ALL I WANT TO THANK VERY MUCH THE CITY HALL. IT'S REALLY EASY TO SIT BACK AND COMPLAIN ABOUT TRAFFIC AND STUFF AS I HAD A HARD TIME GETTING HERE TODAY, BUT WE START USING THE RESOURCES AND THEN YOU'LL BE SURPRISED TO FIND HOW MUCH IS OFFERED BY THE CITY. I'M SMART ENOUGH TO KNOW WHEN THINGS GO THIS EASY FOR ME, I KNOW SOMEONE ELSE HAS WORKING ON IT. HAVETHANK YOU VERY MUCH. I WANT TO THANK THE MAYOR FOR TWO REASONS. I WANT TO THANK HIM FOR READING THIS AND TAKING A PERSONAL TOUCH. I THINK POLITICS IS LITTERED WITH LEADERS WHO REALLY DON'T REPRESENT PEOPLE AND PRETTY MUCH ACROSS THE BOARD WE SEE MAYOR GARCIA AS A MAYOR OF THE PEOPLE. I VOTED FOR YOU AND THANK YOU VERY MUCH. SECONDLY, I WOULD LIKE TO THANK HIM FOR MAKING A SIGNIFICANT CONTRIBUTION TO HELP THE CITY OF AUSTIN BUY SOMETHING CALLED THE STRATUS LAND. IF Y'ALL ARE NOT FAMILIAR WITH THAT, IT'S A VERY ENVIRONMENTAL ALLY SENSITIVE PIECE OF PROPERTY THAT THE CITY WOULD LIKE TO BUY, BUT DOESN'T HAVE THE MONEY TO BUY. COUNCILMEMBER SLUSHER IS TRYING TO PUT TOGETHER AN ORGANIZATION OF BUSINESSES AND PEOPLE WHO CAN BUY THAT PROPERTY AND THE MAYOR STEPPED UP TO MAKE A SIGNIFICANT CONTRIBUTION. HE'S MAKING THAT CONTRIBUTION OVER A PERIOD OF TIME. AND WHAT THAT SAYS TO ME IS RATHER THAN TAKING A CIVIL SERVANT'S SALARY AND THROWING IT AT A 20-MILLION-DOLLAR PROGRAM, HE HAS A PLAN, AND THAT PLAN IS MY SEGUE INTO FINANCIAL PLANNING. FINANCIAL PLANNING TEEMENTS TO INVESTIGATE AND ACHIEVE WHAT IS IMPORTANT TO YOU IN YOUR LIFE. WHEN WE THINK ABOUT RETIREMENT PLANNING, A LOT OF US THINK ABOUT OUR PENSION, OUR FOUR O ONE K AND HOPE IT'S ENOUGH. WE BY THI ABOUT OUR KID'S EDUCATION AND WE WANT WHAT'S BEST FOR OUR CHILDREN. WE ALL KNOW THAT, BUT THE STUDENT LOAN BUSINESS IS BOOMING THESE DAYS. WE THINK ABOUT INSURANCE AND SAY I DON'T WANT TO TALK ABOUT THAT UNLESS I HAVE TO. THESE ARE ALL FINANCIAL ISSUES, BUT THEY'RE NOT THE FINANCIAL PLANNING PROCESS. THE FINANCIAL PLANNING PROCESS TAKES ALL THESE INTO ACCOUNT, BUT IT ALSO LOOKS AT YOUR LIFE GOALS, YOUR ASPIRATIONS, YOUR MORAL COMPASS. IT TRIES TO HELP YOU ALLOCATE YOUR RESOURCES TO MATCH YOUR LIFE'S AMBITION. IT TRIES TO ANSWER THE QUESTION, IS THERE ROOM FOR 21-MILLION-DOLLAR PURCHASE ON A CIVIL SERVANT'S SALARY? FINANCIAL PLANNING PROCESS IF DONE CORRECTLY SHOULD IMPROVE YOUR LIFE. IT'S NOT SOMETHING THAT YOU DO BECAUSE YOU'RE AN ADULT AND YOU'RE SUPPOSED TO. IT'S NOT SOMETHING YOU'RE POS SPOSED TO CHECK OFF A LIST BECAUSE YOU HAVE TO DO IT. DONE CORRECTLY IT'S AN ONGOING PROCESS THAT SHOULD LAST THE REST OF YOUR LIFE AND SHOULD BENEFIT YOU THE REST OF YOUR LIFE. THE FINANCIAL PLANNING ASSOCIATION PRACTICES AND PROMOTES THE FINANCIAL PLANNING PROCESS. SPEAKING AS A PROFESSIONAL, FROM THE PROFESSIONAL POINT OF VIEW, WHEN I DECIDE TO EX-PANNED MY KNOWLEDGE IN BUSINESS, I LEARN FROM OTHERS WHO VPB DOWN THIS ROAD AND IMPART THE KNOWLEDGE TO ME. THAT LED ME TO THE CERTIFIED FINANCIAL PLANNER BOARD OF STANDARDS. THEY OFFERED A CLASS THAT I FELT WAS THE GOLD STANDARD. THERE ARE A LOT OF DESIGNATIONS OUT THERE AND I CHAO THIS ONE BECAUSE I FELT IT WAS THE HARD EFTD, LONGEST AND WOULD ALLOW ME TO SERVE MY CLIENTS THE BEST. IT WAS A TWO-YEAR PROGRAM. AND EVEN AFTER RECEIVING THE DESIGNATION, I STILL HAVE TO KEEP UP CONTINUING EDUCATION ON A REGULAR BASIS. SPEAKING FROM THE CONSUMER'S POINT OF VIEW, I WOULD STRONGLY ENCOURAGE YOU TO DEMAND THE BEST. IF YOU WANT HELP IN THIS CON GOING PROCESS FOR SOMEONE TO CARE OF YOU, YOU WANT SOMEONE WHO IS COMMITTED TO THE PROCESS. THE PHRASE FINANCIAL PLANNER SEPARATE FROM CERTIFIED FINANCIAL PLANNER IS THROWN AWAY VERY EASILY. FINANCIAL PLANNERS, EVERYBODY IS A FINANCIAL PLANNER THESE DAYS. THERE'S MORE TO IT THAN JUST ALLOCATING YOUR ASSETS OR TAKING CARE OF YOUR INSURANCE NEEDS. THE PERSON WHO IS COMMITTED TO THE FINANCIAL PLANNING PROCESS WILL SPENT THE TIME, THE TWO YEARS, WHATEVER TIME THEY TAKE TO BECOME A CERTIFIED FINANCIAL PLANNER. THEY'LL TAKE THE TIME TO FULFILL THEIR ONGOING EDUCATIONAL NEEDS AND KEEP UP WITH THE MARKET AND THE CHANGES IN THE INDUSTRY. YOU'LL GET ALL THESE IF YOU WORK WITH SOMEONE WHO IS A CERTIFIED FINANCIAL PLANNER. YOU CAN FIND A CERTIFIED FINANCIAL PLANNER THROUGH THE FINANCIAL PLANNING ORGANIZATION. WE CAN BE REACHED AT FBA NET NET.ORG. THANK YOU VERY MUCH. FPANET.ORG. THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor Garcia: I FIRST HAVE TO GET MY EYES ADJUSTED. THEY DON'T ADJUST AS FAST AS THEY USED TO. THE CITY, EVEN THOUGH WE HAVE HAD SOMETHING OF AN ECONOMIC SLOWDOWN, HAS HAD QUITE A BIT OF DEVELOPMENT OVER THE LAST 10 YEARS IN THE ARCHITECTURAL COMMUNITY, AND THEY HAVE BEEN AT THE FOREFRONT OF MAKING SURE THAT THE BUILDINGS THAT GO UP, YOU KNOW, ENHANCE THE BEAUTY OF THIS COMMUNITY, AND THEY PLAY A VERY KEY ROLE IN MAKING SURE THAT WE HAVE A BEAUTIFUL CITY. AND I HAVE TO TELL Y'ALL THAT WHEN PEOPLE COME HERE TO AUSTIN, THEY ALL TELL ME THE SAME THING, AUSTIN'S A BEAUTIFUL CITY. WE'RE VERY PROUD OF THAT AND WE WANT TO THANK THE ARCHITECTURAL COMMUNITY FOR DOING YOUR PART IN HELPING US MAINTAIN THAT RECORD. THIS PROCLAMATION IS PRESENTED AND IT READS AS FOLLOWS: BE IT KNOWN WHEREAS THE AIA AUSTIN IS HOSTING A VARIETY OF EVENTS TO CELEBRATE THE ROLE OF ARCHITECTS AND TECH TUR DURING THE MONTH OF OCTOBER AND WHEREAS THE 17TH ANNUAL AIA HOME STORE EARLY IN OCTOBER MAKES ARCHITECTURE AVAILABLE TO EVERYONE WITH HOMES FEATURING A BROAD ARRAY OF DESIGN STYLES, BUILDING MATERIALS AND PROJECT BUDGETS AS WELL AS HOMES INCORPORATING GREEN BUILDING TECHNOLOGIES. AND THIS IS EXTREMELY IMPORTANT AS WE START TO SEE THE COST OF MAINTAINING HOMES AND AIR CONDITIONING, THAT IT'S -- GREEN BUILDING MAKES A LOT OF SENSE, AND THE ARCHITECTURAL COMMUNITY HAS BEEN AT THE FOREFRONT OF BRINGING THOSE TECHNOLOGIES TO OUR CITIZENS. AND WHEREAS THE TEXAS SOCIETY OF ARCHITECTS' ANNUAL CONVENTION AT THE END OF THE MONTH BRINGS ARCHITECTS AND INTERIOR DESIGNERS FROM TEXAS AND OKLAHOMA TO OUR CITY FOR SEMINARS, DEMOS AND A DESIGN CONSTRUCTION SHOW-- THIS RAGWEED IS KILLING ME -- ALONG WITH A PUBLIC FORUM ON SMART GROWTH, NOW THEREFORE I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM, OCTOBER 2002 AS ARCHITECTURE MONTH IN AUSTIN. AND WITNESS WHERE OF I HAVE HERE MY HAND AND THE SQUEAL OF THE GREAT CITY OF AUSTIN TO BE AFFIXED THIS 26TH DAY OF -- 27TH DAY OF SEPTEMBER IN THE YEAR 2002. [ APPLAUSE ]

THANK YOU, MAYOR GARCIA, COUNCILMEMBERS, FOR THIS PROCLAMATION. I'M JACKIE DOT TON, PRESIDENT OF THE AUSTIN CHAPTER OF THE AMERICAN INSTITUTE OF ARCHITECTS. IN RECOGNIZING OCTOBER AS TECH TUR MONTH, YOU RECOGNIZE THAT TEKTD TUR PLAYS A KEY ROLE IN OUR CITY. THERE IS AN IMPACT THAT A BUILDING OR SERIES OF BUILDINGS CAN HAVE ON AN INDIVIDUAL AND THE COMMUNITY. YOU ALSO REALIZE THAT THE BUILD ENVIRONMENT DOES HAVE AN IMPACT ON OUR CULTURAL, THE HISTORY, THE PRESERVATION OF OUR COMMUNITIES. THE CITIZENS OF AUSTIN DEMONSTRATE A TRUE CONCERN FOR THE BUILD ENVIRONMENT THROUGH THEIR COMMENTARY ON HIGH PROFILE PROJECTS SUCH AS CITY HALL, BUT ALSO IN THE DEVELOPMENT OF THEIR NEIGHBORHOODS, SCHOOLS, LIBRARIES AND CHURCHES. IT IS ALSO DEMONSTRATED THROUGH THEIR PARTICIPATION IN BOARDS AND COMMISSIONS ON PLANNING AND ARCHITECTURE. THIS EPITOMIZES WHAT SUCCESSFUL ARCHITECTURE IS ALL ABOUT, A DIALOGUE BETWEEN THOSE WHO INHABIT THE BUILDINGS AND THE ARCHITECT WHO TRANSLATES THE CONCERNS, NEEDS AND GOALS INTO A PHYSICAL SPACE. AGAIN, AIA AUSTIN THANKS THE CITY OF AUSTIN FOR PROCLAIMING OCTOBER ARCHITECTURE MONTH. WE HOPE THAT THE CITIZENS OF AUSTIN WILL TAKE ADVANTAGE OF SOME OF THE OPPORTUNITIES WE HAVE PLANNED IN OUR COMMUNITY FOR ARCHITECTURE MONTH. PLEASE COME OUT AND SURPRISE YOURSELF WITH WHAT ARCHITECTURE CAN DO FOR YOU. [ APPLAUSE ] I WILL TALK A LITTLE BIT MORE ABOUT THE HOME STORE, WHICH IS OCTOBER FOURTH AND FIFTH -- FIFTH AND SIXTH, SATURDAY AND SUNDAY. AND THAT'S OPEN TO THE PUBLIC AND YOU CAN GET TICKETS FOR THE HOME STORE. ALL THE HOMES ARE DESIGNED BY ARCHITECTURE PROFESSIONALS. AND THEY CAN BE PURCHASED THROUGH THE AIA AT AIA AUSTIN.ORG. ALSO, THE TEXAS SOCIETY OF ARCHITECTS CONVENTION IS OCTOBER 24TH AND 25TH AND 26TH. WE HAVE A PUBLIC FORUM ON THE 25TH, WHICH IS ON SMART GROWTH. AND IT IS OPEN TO THE PUBLIC AND WE INVITE EVERYONE IN AUSTIN TO COME OUT FOR THAT. THE PANEL IS CITY PLANNERS AND ARCHITECTS. IT'S AT THE AUSTIN CONVENTION CENTER. THANK YOU. [ APPLAUSE ]

Mayor Garcia: AND THIS NEXT PROCLAMATION IS GOING TO BE PRESENTED JOINTLY BY ME AND COUNCILMEMBER ALVAREZ. AND COUNCILMEMBER ALVAREZ, I'VE BEEN DOING ALL THE HEAVY LIFTING, SO --

Alvarez: ALL RIGHT. THANK YOU, MAYOR AND GOOD EVENING TO EVERYBODY. AND WE HAVE A GREAT ANNOUNCEMENT HERE, ANOTHER GREAT PROCLAMATION TO SHARE WITH THE ENTIRE COMMUNITY. I GUESS THERE'S A GROUP OF EMPLOYEES HERE WITH THE CITY WHO WILL BE REFORMING AND REDOING THE AUSTIN HISPANIC NETWORK, WHICH WAS FIRST ESTABLISHED IN 1991. AND REALLY FOR THE PURPOSE OF PROVIDING SERVICES AND SUPPORT TO HISPANIC EMPLOYEES AND REALLY TO SERVE AS A FORUM FOR COMMUNICATING WITH EACH OTHER ABOUT THE WORK ENVIRONMENT AND FOR LEARNING ABOUT HOW TO POSITION ONE'S SELF TO ADVANCE BECAUSE WE'VE ACTUALLY DONE A PRETTY GOOD JOB OF DIVERSE FIING THE -- DIVERSIFYING THE WORKFORCE BECAUSE THE HISPANICS ARE ABOUT A THIRD OF THE WORKFORCE OF THE CITY, BUT WE NEED TO MAKE SURE WE PROVIDE OPPORTUNITIES FOR UPWARD ADVANCEMENT SO WE CAN HAVE THAT SAME LEVEL OF DIVERSITY AT ALL LEVELS. SO THAT IS ANOTHER CHALLENGE, AND I REALLY WANT TO COMMEND THE FOLKS WHO HAVE COME TOGETHER TO GET THIS MORNING AND TO PROVIDE THESE OPPORTUNITIES AND THIS FORUM FOR FOLKS TO COME TOGETHER AND HELP EACH OTHER OUT. SO THAT'S REAL EXCITING TO SEE HAPPEN. BUT I WOULD JUST READ THE PROCLAMATION AND THEN INVITE SOME FOLKS TO COMMENT. IT SAYS, BE IT KNOWN THAT WHEREAS THE ICMA, AUSTIN HISPANIC NETWORK, WAS ESTABLISHED IN 1991 TO PROVIDE SERVICE AND SUPPORT TO HISPANIC LOCAL GOVERNMENT PROFESSIONALS AND TO OPERATE AS A FORUM FOR INDIVIDUALS INTERESTED IN PROGRAMS AND ISSUES RELATED TO THE HISPANIC POPULATION. WHEREAS AUSTIN WAS AMONG THE FIRST CITIES TO FORMALIZE A LOCAL CHAPTER OF THE ICMA AND WORKS CLOSELY WITH THE CITY LEADERS TO MAKE IMPROVEMENTS FOR OUR HISPANIC WORKFORCE AND TO ENCOURAGE HISPANIC MEN AND WOMEN TO ENTER THE FIELD OF LOCAL GOVERNMENT AND MANAGEMENT AND WHEREAS THE ICMA AUSTIN HISPANIC NETWORK SERVES THE NEEDS OF OUR CITY'S 3,800 EMPLOYEES THROUGH IT'S ADVOCACY AND PROFESSIONAL SERVICES AND CULTURAL CELEBRATIONS, NOW THEREFORE I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, DO HERE BY PROCLAIM OCTOBER 2002 AS ICMA, AUSTIN SPEC NETWORK MONTH. AND IT IS SIGNED BY OUR ILLUSTRIOUS MAYOR, GUS GARCIA. [ APPLAUSE ] I WOULD INVITE THE MAYOR TO COME AND SAY A COUPLE OF WORDS AS WELL.

Mayor Garcia: THE CITY THROUGH ITS HISTORY HAS ALWAYS BEEN INTERESTED IN HAVING A WORKFORCE THAT IS DIVERSE. WE THINK THE WORKFORCE OUGHT TO BE AS DIVERSE AS THE COMMUNITY, BUT WE ALSO WANT TO HAVE AN ENVIRONMENT IN WHICH FOLKS FROM DIFFERENT RACES AND ETHNIC GROUPS CAN PROSPER IN THE CITY. THEY CAN GET TRAINING, THEY CAN GET THE EDUCATION MESS FOR THEM TO ADVANCE. SO THE ICMA HISPANIC NETWORK HAS DONE THAT FOR THE LATINO EMPLOYEES AND WE'RE VERY, VERY PROUD OF THE ACCOMPLISHMENTS THAT YOU ALL HAVE MADE AND WE WISH YOU THE VERY BEST. AND WE'RE VERY PROUD OF OUR WORKFORCE. I KNOW THAT THIS YEAR'S BUDGET DIDN'T HOW LOU US TO DO THE THINGS THAT WE NEED TO DO, BUT WE WON'T FORGET THE FACT THAT Y'ALL STUCK BY THE CITY TO HELP US THROUGH SOME TOUGH ECONOMIC TIMES. I DON'T KNOW WHO IS GOING TO TALK. IS THE PRESIDENT? AND WE PRESENT THE PROCLAMATION. IN A LITTLE WHILE, IF YOU BROUGHT A CAMERA, WE'LL TAKE A PICTURE. DID PAUL BRING A CAMERA? NOBODY BROUGHT A CAMERA.

THANK YOU VERY MUCH. I WOULD LIKE TO SAY A FEW WORDS ON BEHALF OF THE ORGANIZATION. FIRST OF ALL, I WOULD LIKE TO THANK OUR MAYOR GARCIA, CITY COUNCIL, THE CITY MANAGER AND DEPUTY CITY MANAGER JOE CANALES FOR ALL THE SUPPORT THEY HAVE GIVEN OUR ORGANIZATION. AND I WOULD ALSO LIKE TO INTRODUCE OUR NEW OFFICERS. I'M THE EXECUTIVE CHAIR FOR THIS COMING YEAR. AND ALSO WITH US IS OUR HISTORIAN AND OUR ADVICE-CHAIR FOR O. -- VICE-CHAIR FOR PROFESSIONAL DEVELOPMENT, OUR VICE-CHAIR FOR PROGRAMS IS NOT HERE, STEVE MORRIS, ALONG WITH OUR VICE-CHAIRS FOR FINANCE, CARRY AND JOE. AND ALSO PRESENT HERE IS OUR VICE-CHAIR FOR COMMUNICATIONS, PAUL. AND ALSO OUR VICE-CHAIR FOR MEMBERSHIP, ROBERT. THANK YOU FOR COMING. I WOULD LIKE TO INVITE ALL OUR SUPPORTERS AND EMPLOYEES INTERESTED IN THE AUSTIN HISPANIC NETWORK TO OUR OFFICER INSTALLATION RECEPTION, WHICH IS GOING TO BE HELD OCTOBER 15TH AT SERRANO'S AT 11th AND RED RIVER. THAT WOULD BE FROM 5:30 TO 7:30. AND WE WELCOME YOU THERE TO WITNESS THE INSTALLATION OF THE NEW OFFICERS FOR THE COMING YEAR. WE'RE ALL EXCITED ABOUT THE NEXT YEAR'S ACTIVITIES AND WE'LL WORK TO INCREASE OUR MEMBERSHIP SO THAT WE CAN REACH AS MANY EMPLOYEES AS POSSIBLE. AGAIN, I'D LIKE TO THANK OUR SUPPORTERS AND I HOPE TO SEE YOU AT OUR OFFICER INSTALLATION RECEPTION ON THE 15TH OF OCTOBER. [ APPLAUSE ]

Mayor Garcia: AND WHILE WE'RE GOING OVER THERE, I AM GOING TO INVITE COUNCILMEMBER SLUSHER TO MAKE THE NEXT PRESENTATION. AFTER WE TAKE THE PICTURES.

Slusher: ALL RIGHT. THANK YOU, MAYOR, Y'ALL BE DONE NOW. WE HAVE A -- WE TALK A LOT IN AUSTIN, TEXAS ABOUT PROTECTING THE ENVIRONMENT, AND WE'VE BEEN DOING THAT FOR A LONG TIME. AND REALLY MAYBE A LOT LONGER THAN SOME PEOPLE REALIZE. AND THIS SATURDAY IS GOING TO BE A CELEBRATION AND CONGRESSMAN DOGGETT IS GOING TO BE THERE AND A NUMBER OF OTHER PEOPLE TO MARK THE 50TH ANNIVERSARY OF THE TRAVIS AWD BON SOCIETY. AND I'LL LET SOME FOLKS FROM THERE STEP UP AND SPEAK IN A MINUTE, BUT LET ME READ THE PROCLAMATION FIRST. BE IT KNOWN THAT WHEREAS THE TRAVIS AUDOBON SOCIETY WAS FOUNDED IN 1952 TO PROMOTE THE ENJOYMENT, UNDERSTANDING AND PRESERVATION OF BIRDS, WILDLIFE AND THEIR HABITATS IN CENTRAL TEXAS, AND WHEREAS THIS SOCIETY HAS WORKED DILIGENTLY TO FULFILL ITS MISSION FOR MORE THAN 50 YEARS THROUGH EDUCATION, CONSERVATION, LAND STEWARDSHIP AND OTHER INITIATIVES AND WHEREAS WE JOIN WITH THE TRAVIS AUDOBON SOCIETY IN CELEBRATING PAST ACCOMPLISHMENTS AND WE EXTEND OUR BEST WISHES FOR MUCH FUTURE SUCCESS BENEFITTING ALL OF OUR CITIZENS, NOW THEREFORE I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, DO HERE BY PROCLAIM SEPTEMBER 28TH, 2002 AS TRAVIS AUDOBON SOCIETY DAY. AND YOU'LL NOTICE THESE THINGS, EDUCATION, CONSERVATION, LAND STEWARDSHIP, THOSE ARE THINGS THAT WE'RE WORKING ON VERY STRONGLY TODAY. AND THE AUDOBON SOCIETY WAS THERE BEFORE I THINK MOST OF US WERE EVEN BORN. ANYWAY, ROB, DO YOU WANT TO SAY A FEW WORDS? [ APPLAUSE ]

APPRECIATE THAT. I'LL TRY TO GET US OUT A LITTLE QUICK. EVERYONE ELSE HAS LEFT THE ROOM. THAT'S KIND OF A SAD THING BECAUSE IF WE TALK ABOUT SUSTAINABLE COMMUNITIES, TODAY WE HAVE REPRESENTED THE DIFFERENT COMPONENTS OF THAT. WE HAVE THE ECONOMIC SECTOR REPRESENTED BY THE FINANCIAL PLANNERS, WE HAVE THOSE INTERESTED IN THE AESTHETICS OF OUR COMMUNITY WITH THE ARCHITECTURE AND THE VISUAL ARTS, THOSE THAT ARE INTERESTED IN QUALITY SOCIALLY WERE REPRESENTED HERE AND NOW HERE WE ARE WORKING FOR THE ENVIRONMENT, THE FOUR E'S IF YOU'VE TAKEN ENGLISH SPELLING OF AESTHETICS, THEN THAT WORKS. APPRECIATE THE OPPORTUNITY TO BE HERE TO ACCEPT THIS ON BEHALF OF OUR 2300 LOCAL MEMBERS AS WELL AS 300 PLUS LOCAL SPECIES OF BIRDS. AND THE 30,000 OTHER SPECIES OF WILDLIFE. IT'S NOT VERY OFTEN THAT I GET TO DO THAT. TODAY I WAS OUT WITH A KVUE NEWS CREW AND THEY WERE OUT FILMING THE MONK PAIR CEETS THAT NEST AROUND TOWN. THEY WERE EXCITED ABOUT THAT. AND THEY WERE CHIRPING IN THE TREES AND THEY WERE ASKING ME, WHAT ARE THEY SAYING? AND IT WAS NICE TO SAY THEY'RE JUST HAPPY TO BE HERE AND THEY'RE JUST HANGING OUT WITH EACH OTHER, THEY'RE VERY HAPPY AND THEY'RE PRETTY MUCH MAKE OUTING IN THE TREES. BUT IT WAS FUN TO BE ABLE TO SPEAK FOR THEM AND TO NOW ACCEPT THIS ON BEHALF OF THE BIRDS AND ALL OF OUR MEMBERS. AND I APPRECIATE THE CITY'S RECOGNITION FOR THE WORK THAT WE DO AND WE LOOK FORWARD TO 50 ADDITIONAL YEARS OF MAKING SURE THAT THE BIRDS AND ANIMALS AND WILDLIFE WE HAVE HERE NOW ARE STILL WITH US 50 YEARS FROM NOW. SO WE THANK Y'ALL FOR THAT. [ APPLAUSE ]

Slusher: THANK YOU. THAT'S ALL THE PROCLAMATIONS. THE COUNCIL WILL RECONVENE IN A FEW MOMENTS.

Mayor Garcia: AS SOON AS WE GET TWO MORE COUNCILMEMBERS WILL R. WE WILL BE CALLING UP AN ITEM THAT SHOULD BE VERY SHORT, IT WON'T TAKE A LOT OF TIME. NUMBER 34. AND THEN WE'LL GO TO THE -- BACK TO THE ZONING HEARINGS AND APPROVAL OF ORDINANCES AND RESTRICTIVE COULD HAVE COVENANTS. AND THE ONLY ITEM THAT WE HAVE LEFT IN THAT SECTION IS ITEMS Z-14 AND Z-15. AND THE PEOPLE THAT ARE HERE FOR THOSE ITEMS ALSO HAVE AN INTEREST IN ITEM NUMBER 31, SO WE'LL TAKE THE ZONING HEARINGS FIRST AND THEN WE'LL GO TO THE -- WE'LL GO TO THE NEIGHBORHOOD PLAN FIRST AND THEN WE'LL GO TO ITEM 31 AFTER THAT. WE NEED ONE MORE COUNCILMEMBER. HERE WE GO. 34 CAN BE TAKEN UP VERY QUICKLY. THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, WE'RE GOING TO CALL UP ITEM NUMBER 34, WHICH IS TO AUTHORIZE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUSTIN AND TRAVIS COUNTY FOR AN ORGANIZED CRIME ATTORNEY IN AN AMOUNT NOT TO EXCEED 88,000 FIVE HUNDRED, AND FUNDING FOR THIS ITEM IS AVAILABLE IN THE FISCAL YEAR '03 OPERATING BUDGET FOR THE AUSTIN POLICE DEPARTMENT. AND I THINK WE HAVE SOME FOLKS HERE FROM THE POLICE DEPARTMENT THAT MAY WANT TO SPEAK TO IT, BUT I'LL RECOGNIZE THE CITY MANAGER FIRST.

EXCUSE ME, MAYOR. CAN WE HAVE A STAFF BRIEFING ON THE PLAN?

Mayor Garcia: THIS IS ITEM 34.

THIS IS 34. I THOUGHT YOU SAID WE WERE GOING TO GO THROUGH THE NEIGHBORHOOD PLAN.

Mayor Garcia: I SAW THE CHIEF HERE AND I SEE CHIEF RENENDOZA. THIS HAS TO DO WITH THE CITY OF AUSTIN ENTERING INTO AN INTERLOCAL AGREEMENT WITH TRAVIS COUNTY FOR AN ORGANIZED CRIME ATTORNEY. AND THIS WAS PULLED BY COUNCILMEMBER WYNN, SO IF YOU COULD MAKE A BRIEF PRESENTATION AND THEN I'M SURE COUNCILMEMBER WYNN WILL, YOU KNOW, HAVE A COUPLE OF QUICK QUESTIONS FOR YOU.

OKAY. THIS IS -- CHIEF COY HAD TO LEAVE. I'VE HAD DEALINGS WITH THIS POSITION. THIS POSITION IS EXTREMELY CRITICAL. THIS POSITION IS A PROACTIVE POSITION WHERE THE DISTRICT ATTORNEY IS -- THE ATTORNEY IS ACTUALLY OUT THERE WORKING WITH THE OFFICERS. A GOOD EXAMPLE I CAN GIVE YOU IS BACK ON -- WHEN I WAS A COMMANDER THERE WAS A HOUSE WHERE -- THERE WAS AN APARTMENT COMPLEX WHERE SEVERAL HOMICIDES HAD OCCURRED. WE HAD TRIED NUMEROUS TIMES TO CLOSE THIS SPECIFIC COMPLEX DOWN. WE WERE REAL UNSUCCESSFUL. ONCE WE WERE ABLE TO GET THIS ATTORNEY TO ASSIST US, WE WERE ABLE TO CLOSE IT WITHIN A MATTER OF 30 DAYS. BUT ONCE AGAIN, THIS POSITION, THIS ATTORNEY IS PROACTIVE AND OUT THERE ACTIVELY ASSISTING THE DETECTIVES IN ORDER TO ABATE PROPERTIES, ABATE YARDS, TO ADDRESS THE ISSUES OF HOMES THAT ARE BEING USED FOR THE SALE OF NARCOTICS. AND I DO KNOW FOR A FACT THAT THIS POSITION, THIS ATTORNEY HAS HELPED NUMEROUS TIMES TO BE ABLE TO ABATE SOME OF THESE PROPERTIES.

Mayor Garcia: COUNCILMEMBER WYNN?

Wynn: THANK YOU, MAYOR. CHIEF, I DON'T DOUBT THOSE FACTS AT ALL. I THINK, YOU KNOW, A PROACTIVE APPROACH LIKE THIS IS EXACTLY WHAT WE NEED TO BE DOING. AND MY ISSUE WITH -- BUT MY ISSUE WITH THIS ITEM IS WHY DOES A.P.D. AND THEREFORE THE CITY TAXPAYERS FUND THIS WHEN ESSENTIALLY IT SEEMS TO ME THIS IS A STAFFING ISSUE FOR THE COUNTY ATTORNEY OR THE DISTRICT ATTORNEY. I MEAN, HIS JOB IS TO WORK WITH HIS COMMISSIONERS COURT AND FIGURE OUT THEIR STAFFING AND PRESUMABLY WORK WITH DIFFERENT LAW ENFORCEMENT AGENCIES THROUGHOUT THE COUNTY AND FIGURE OUT, YOU KNOW, WHAT'S THE BEST STAFFING AND WHETHER YOU HAVE MORE PROSECUTING ATTORNEYS DOING DIFFERENT KINDS OF POLICING AROUND THE COMMUNITY. AND AS A COUNTY TAXPAYER -- IN FACT, WE ALL KNOW THAT AUSTIN CITIZENS PAY MORE AD VALOREM PROPERTY TAXES TO THE COUNTY THAN THEY DO TO THE CITY. AND FOR THE VAST MAJORITY OF RESIDENTS WHO LIVE IN THE CITY, ESSENTIALLY THE ONLY SERVICE THAT THE COUNTY DELIVERS TO US IS THE VERY IMPORTANT OVERARCHING PUBLIC SAFETY AND CRIMINAL JUSTICE SERVICE. AND SO I WOULD ARGUE THAT MY COUNTY TAXES GO FOR THAT FUNCTION. AND THAT IS THE COUNTY -- THE COUNTY ATTORNEY NEEDS TO FIGURE OUT HOW BEST TO MANAGE THEIR BUDGET. I KNOW THEY HAVE A DIFFICULT BUDGET THIS YEAR AS WELL, BUT I HAVE A PROBLEM WITH THE CITY TAXPAYERS AND ESSENTIALLY A.P.D. PAYING FOR WHAT SEEMS TO ME TO BE A COUNTY PROSECUTING ATTORNEY POSITION THAT SHOULD BE FUNDED THROUGH THE COUNTY ATTORNEY'S OFFICE.

NO, I TOTALLY UNDERSTAND. AND ONE OF THE REASONS THE DEPARTMENT AGGRESSIVELY WENT OUT TO OBTAIN THIS POSITION IS BECAUSE THE CASELOAD OF THESE ATTORNEYS WAS EXTREMELY HIGH AND WE NEEDED SOMEONE THAT COULD SPECIFICALLY FOCUS THEIR ENTIRE TIME AND ATTENTION TO THESE PROBLEMS THAT WE WERE HAVING, COMPLAINTS FROM CITIZENS ON THESE HOMES, THESE PROPERTIES THAT NEEDED TO BE ABATED. SO THAT'S ONE OF THE REASONS WE WENT OUT, SIMPLY BECAUSE WE NEEDED SOMEONE FULL TIME THAT WOULD -- I UNDERSTAND YOUR CONCERN.

Wynn: AGAIN, I DON'T DOUBT THAT. I DON'T KNOW WHAT I CAN PROPOSE OTHER THAN THAT IN THEORY IF WE DON'T DO THIS THAT OUR CITIZENS GET SO MUCH IN ARMS THAT THEY PUT ENOUGH PRESSURE ON THE COUNTY ATTORNEY TO CHANGE THEIR STAFFING PRIORITIES, PERHAPS. BUT IT'S NOT REALLY A STAFFING OR AN A.P.D. PROBLEM, PER SE. I HAVE A PROBLEM WITH OUR TAX DOLLARS AND A.P.D. BUDGET ULTIMATELY YOU HAVE THIS SORT OF MISSION DRIFT, AND FRANKLY I SEE IF WE DO THIS HERE, IF I WAS THE COUNTY ATTORNEY, I WOULDN'T FEEL MUCH PRESSURE TO HELP ON OTHER FRONTS IF I NEED THAT A.P.D. WITH THIS BUDGET COULD COME IN AND HELP STAFF MY OFFICE.

MICHAEL McDONALD, ACTING CHIEF OF STAFF. I UNDERSTAND YOUR CONCERN, COUNCILMEMBER. WHEN WE BEGAN -- WHEN WE FIRST FUNDED THIS PROGRAM, WE FUNDED IT OUT OF CEC FUNDS. AND IT WAS ACTUALLY MORE OR LESS A.P.D.'S IDEA. THE DISTRICT ATTORNEY AND COUNTY ATTORNEY'S POSITION IS THAT THEY PROSECUTE THE CASES, SO IT WAS REALLY IMPORTANT FOR US TO BE SUCCESSFUL IN ABATING THE PROPERTIES IS HOW WE -- THE CASE PREPARATION AND WHAT WE FELT FROM A.P.D.'S POINT OF VIEW IS THAT WE NEEDED ADDITIONAL ASSISTANCE FOR THE CASE PREPARATION SO WE COULD BE SUCCESSFUL WITH ABATING THE PROPERTY. IT WAS THE COUNTY'S POSITION THAT WAS NOT THEIR ROLE. THEY UNDERSTOOD THAT IT WAS NOT NECESSARILY THEIR ROLE. THAT'S WHY INITIALLY WE CHOSE TO PURSUE THESE FUNDS. GETTING AN ATTORNEY IN THERE THAT COULD HELP THE OFFICERS DEVELOP THE CASE BECAUSE IT WAS THEIR POSITION IT WAS NOT THEIR POSITION TO HELP US DEVELOP THE CASE, BUT TO PROSECUTE THE CASE. BY ALL MEANS, WE WOULD HAVE LOVED TO HAVE HAD THE ASSISTANCE FROM THEM UP FRONT BECAUSE THAT DOES HAPPEN IN SOME JURISDICTIONS. THEY DO SUPPLY THAT ATTORNEY. BUT BECAUSE THEY WERE SAYING THEY DID NOT HAVE THE ABILITY TO DO IT, THAT'S WHY WE PROCEEDED INITIALLY WITH THE FUNDING OF THIS FOR HELPING US DEVELOP THE CASE.

Slusher: THIS POSITION IS WE'RE PAYING FUN TO THE COUNTY FOR A POSITION THAT THEY HAVE, RIGHT? THIS POSITION IS A COUNTY POSITION?

YES.

Slusher: SO I DON'T UNDERSTAND WHY IT'S NOT THEIR ROLE AND WHY IS THAT POSITION JUST THE CITY'S POSITION.

WELL, AGAIN, ULTIMATELY IT'S THEIR RESPONSIBILITY TO PROSECUTE THE CASE, SO WE FELT IT WAS A BETTER ADJUNCT IF WE -- IF WE USED A COUNTY ATTORNEY INSTEAD OF A CITY ATTORNEY IN DEVELOPING THE CASE. I UNDERSTAND, YOU KNOW, WHERE YOU'RE GOING AND -- BUT AGAIN, THE POSITION WE WERE IN, IF WE WANTED TO BE SUCCESSFUL IN ABITING THE PROPERTY, WE FELT LIKE WE NEEDED ADDITIONAL ASSISTANCE. AT THAT TIME THEY WERE SAYING THEY COULD NOT PROVIDE THAT TO US BECAUSE OF THE CASELOAD THAT THEY HAD, SO THAT'S WHY WE ENTERED INTO -- WE CAME UP WITH THE IDEA OF HELPING TO FUND A POSITION OR FUNDING INITIALLY, BUT FUNDING A POSITION TO COME OVER AND HELP OUR OFFICERS DEVELOP A CASE.

Slusher: I UNDERSTAND. AND YOU UNDERSTAND WHAT I'M SAYING. THE COUNTY'S SAYING THIS -- WE DON'T HAVE THE FUNDS TO DO THIS, BUT IT'S CLEARLY A COUNTY RESPONSIBILITY BECAUSE THE POSITION HAS TO BE HOUSED AND IT'S A RESPONSIBILITY WITHIN THE COUNTY GOVERNMENT. I'LL GIVE IT BACK TO YOU, COUNCILMEMBER.

Wynn: THANK YOU. CHIEF, ON -- SO THIS IS THE SECOND ITTER RATION OF THIS -- ITERATION OF THIS INTERLOCAL. WE'VE HAD THIS FOR A COUPLE OF YEARS?

IT'S THE FOURTH ACTUALLY.

Wynn: THE FOURTH ITERATION OR THE FOURTH YEAR?

THE FOURTH YEAR. AND WE --

Wynn: THIS IS THE FIRST TIME WE'VE REVISITED SINCE THE INITIAL?

DWOA IT EACH YEAR -- WE DO IT EACH YEAR.

Wynn: AND I ASSUME AT THIS PRICE, THAT'S SIGNIFICANT FOR AN ATTORNEY, IS WE'RE PAYING 100% OF THIS ATTORNEY POSITION?

YES, WE ARE.

Wynn: AND HAVE WE BEEN PAYING 100 PERCENT ALL PREVIOUS THREE YEARS?

I BELIEVE SO.

Wynn: THAT'S ALL, MAYOR. I THINK EVERYBODY SEES MY ISSUE HERE. IT'S A COUNTY RESPONSIBILITY. IF I LIVED OUT IN THE COUNTY AND THEY WEREN'T FIXING MY ROAD VERY OFTEN AND I PAID FOR MY OWN POTHOLES, I REPAIR MY ROAD MYSELF AND THEY WOULD GET THE USE AND THEY WOULD TAKE THAT ONE ROAD OUT OF THEIR STREET AND MAINTENANCE BUDGET AND WISH ME LUCK.

COUNCILMEMBER, WE SHARE YOUR CONCERN. AND INITIALLY WE WER ASKING FOR ASSISTANCE AND WHEN WE WOULDN'T -- WHEN WE COULDN'T GET THE HELP, THAT'S WHEN WE CAME UP WITH INITIALLY FUNDING IT WITH THE SEED FUNDS AND COMING UP WITH A WAY TO FUND THE POSITION FOR THEM BECAUSE WE NEEDED THE EXPERTISE AND GUIDANCE IN DEVELOPING THE ABATEMENT CASE SO WE COULD RID THE COMMUNITY OF SOME OF THOSE PROBLEMS.

Slusher: MAYOR, THESE FUNDS ARE A GRANT, CORRECT?

WELL, INITIALLY IN THE EARLY YEARS WE STARTED OUT WITH SEED FUNDS. THESE ARE FUNDS THAT WE RECEIVE FROM THE CASES THAT WE WORKED. FOR EXAMPLE, A NARCOTICS CASE, WE HAVE SEIZURES.

Slusher: OKAY. I'M SORRY.

Mayor Garcia: I THINK THE MESSAGE HERE, CHIEF, IS THAT THIS FROM THE PERSPECTIVE OF THE COUNCIL APPEARS TO BE A FUNCTION OF THE DISTRICT ATTORNEY. I KNOW THAT THE POLICE DEPARTMENT FOUND THEMSELVES IN A SITUATION WHERE THEY NEED TO HAVE SOMEBODY HERE TO BE ABLE TO GET THE FACT SITUATIONS SQUARED AWAY SO THAT THINGS WILL BE PRESENTED TO THE GRAND JURIES OR AT TRIAL ITSELF, BUT WE HAVE THOSE KINDS OF, YOU MIGHT SAY, COOPERATIVE AGREEMENTS WHERE WE DON'T QUITE KNOW WHERE THE RESPONSIBILITY THAT WENT INTO THESE STARTS AND THE OTHER -- STOPS AND THE OTHER ONE STARTS. AND WE WANT TO MAKE SURE THAT THE COUNTY UNDERSTANDS THAT WE ARE ALSO DOING OUR PART BECAUSE I HAVE BEEN INVOLVED IN SITUATIONS WHERE THERE'S AN ARGUMENT ABOUT THE CITY DIDN'T DO THIS AND THE CITY DIDN'T DO THAT, AND I DON'T LIKE THOSE ARGUMENTS. AND I THINK WHAT WE'RE DOING IS WE'RE ALL TRYING TO MAKE THE CITY A SAFER CITY, AND I THINK THAT THE LINES OUGHT TORE MORE CLEARLY DELINEATED, BUT WHEN YOU GUYS ARE OUT THERE AND YOU NEED SOMEBODY WHO IS AN ATTORNEY TO HELP YOU DO THE WORK, THEN I THINK THE COUNTY NEEDS TO GIVE RECOGNITION TO THAT BECAUSE PROSECUTION IS MORE THEIR -- IS THEIR RESPONSIBILITY AND NOT OURS. ANYWAY, I'LL ENTERTAIN A MOTION ON ITEM 34.

Goodman: MAYOR, CAN I ASK ONE MORE QUESTION?

Mayor Garcia: SURE, MAYOR PRO TEM.

Goodman: OKAY. SO THIS ATTORNEY IS ACTUALLY EMPLOYED BY THE COUNTY AND IS WITHIN THE COUNTY'S SYSTEM, BUT WE PAY.

YES. YES, WE DO.

Mayor Garcia: ANYBODY WANT TO MAKE A MOTION ON THIS ONE? THE CHAIR WILL ENTERTAIN A MOTION ON ITEM NUMBER 34.

Wynn: MAYOR, I'LL RELUCTANTLY MOVE APPROVAL. I PULLED THIS FOR THIS VERY REASON, SO WE COULD HAVE THIS PUBLIC AIRING OF WHAT I THINK IS A CLEAR COUNTY RESPONSIBILITY THAT WE FIND OURSELVES FUNDING. AND PERHAPS IT'S -- AS THE MAYOR SAID, THERE ARE ANY NUMBER OF JOINT ISSUES THAT THE COUNTY AND THE CITY WORK TOGETHER ON AND CO-FUND, AND WE'RE INEVITABLY CONSTANTLY TRYING TO WORK OUT THOSE FINANCES. I'D JUST LIKE TO ADD THIS ONE TO THAT LONG LIST OF FUTURE NEGOTIATED ISSUES AND POSITIONS WHERE WE FIND TO DELINEATE A MORE CLEAR RESPONSIBILITY OF FUNDING.

Mayor Garcia: WHAT I'D LIKE TO HAVE THE SITUATION BE IS ONE WHERE WE DON'T GET TO A MEETING OF -- WE WERE AT A MEETING OF THE JOINT AUSTIN ISD AND THE CITY OF AUSTIN. WE HAD ONE OF THE COUNTY OFFICIALS TELLING US THAT WE WERE CUT CUTTING BACK ON OUR FUNDS AND IN ESSENCE TRYING TO SHOW US THAT THE CITY WAS NOT, YOU KNOW, COMING UP AND MEETING ITS RESPONSIBILITIES. IN THIS ONE WE ARE, AND THAT'S WHY I SAY I DON'T WANT TO GET INTO SITUATIONS WHERE ONE ENTITY EMBARRASSES THE OTHER FOR SOMETHING THAT WE'RE DOING FOR THE PEOPLE OF THIS COMMUNITY. MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION?

Thomas: YES. I CAN SEE -- I RESPECT WHAT EVERYONE IS SAYING, AND I HOPE THAT WE CAN SIT DOWN AND TALK TO THE COUNTY IN A MORE CONDUCIVE OR MORE FRIENDLY SO WE WON'T BE -- LIKE THE MAYOR SAID IN MEETINGS WITH THE COUNTY SAYING CERTAIN THINGS AND NOT DOING IT. BECAUSE TO ME IT'S ABOUT SERVING THE PEOPLE, AND THIS ATTORNEY IS VERY IMPORTANT IN GETTING CASES DONE AT A.P.D. AND GETTING CASES PROSECUTED. IT TAKES A LOT TO GET THINGS DONE, ESPECIALLY WHEN PROSECUTING CASES, ESPECIALLY IN DEALING WITH ORGANIZED CRIME. IT'S NOT AS EASY AS IT LOOKS. SO I THINK THAT IF THE COUNTY WOULD SIT DOWN AND TALK TO US A LITTLE BIT MORE IN DETAIL AND SHARE, I DON'T THINK IT'S ABOUT WE SHARED THIS MUCH OR WE DID THIS FOR THE COUNTY. I THINK WHAT WE NEED TO DO IS DO IT ACROSS THE BOARD IN A WAY TO MAKE SURE THINGS GO SMOOTH. BECAUSE I'VE HEARD SOME OF THE SAME THINGS TOO, THAT WE CUT BACK ON THIS AND THAT. BUT IT'S ALL ABOUT SERVING PEOPLE AND I HOPE WE CAN DO A BETTER JOB OF COMMUNICATING.

Goodman: MAYOR? AS WE MOAT VOET ON THIS, I WANT TO SAY THAT I APPRECIATE THE RESPONSIBILITY THAT A.P.D. TAKES FOR MAKING SURE THAT THIS HAPPENS. AND I APPRECIATE COUNCILMEMBER THOMAS' REMARKS. WHAT I WOULD LIKE TO DO SOMETIME WHEN WE HAVE MAYBE A WORK SESSION OR SOMETIME LIKE THAT IS REALLY LAY OUT FOR US WHAT IT IS THAT WE PARTICIPATE IN AS PARTNERS AND/OR SPONSORS AND/OR SOLE FINANCIERS IN THE JUSTICE SYSTEM BECAUSE TRADITIONALLY WE HAVE THOUGHT OF THAT AS A COUNTY VENUE. AND EVEN THOUGH WE HAVE OUR CITY COURTS AND SO ON, I DON'T THINK I AT LEAST HAVE A REAL HANDLE ON HOW MANY WAYS OUR PARTNERSHIP STEPS OVER THE LINES THAT WE MAY ASSUME THE COUNTY IS TAKING RESPONSIBILITY FOR, BUT WE JUST ACTUALLY ARE A PARTNERSHIP OR IS OUR RESPONSIBILITY. AND OFTEN IN THESE PARTNERSHIPS WE HAVE SEEN THAT THE PARTNERSHIP COMES DOWN TO THE CITY PAYS. SO IT WOULD BE GOOD FOR ME TO FIND OUT EXACTLY HOW WE ARE SPONSORING OR SUPPORTING, IN WHAT WAYS AND IN WHAT AREAS.

Mayor Garcia: COUNCILMEMBER DUNKERLEY?

Dunkerley: ONE OF THE THINGS WE MIGHT WANT TO CONSIDER DOING IS AS WE'RE WORKING ON THE AUDIT WORK PLAN FOR CONSIDERATION NEXT MONTH, IT MAY BE -- THIS MAY BE ONE OF THE PROJECTS THAT THEY COULD DO FOR US, AN ANALYSIS OF OUR VARIOUS INTERLOCALS AND WHAT OBLIGATIONS EACH PARTY HAS. SO PERHAPS WE COULD CONSIDER IT AT THAT TIME.

Mayor Garcia: THERE'S A MOTION AND A SECOND. FURTHER DISCUSSION? AND I THINK, COUNCILMEMBER DUNKERLEY IS CORRECT. WE NEED TO HAVE SOME KIND OF AN ANALYSIS ON SO WE COULD HAVE AN UNDERSTANDING BETWEEN THE TWO ENTITIES SO WE KNOW WHAT WE'RE DOING. ALL IN FAVOR, SIGNIFY BY SAYING AYE? OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO.

Wynn: AN ENTHUSIASTIC UNANIMOUS VOTE ON THAT!

THANK YOU, MAYOR.

Mayor Garcia: WHO SECONDED THAT MOTION? COUNCILMEMBER THOMAS. OKAY. BACK TO YOU, MS. GLASGO, FOR Z-14 AND 15.

Glasco: MAYOR, ON Z-14 AND 15, SONYA LOPEZ IS GOING TO BE PRESENTING THOSE TWO ITEMS. SHE HAS BEEN THE LEAD PLANNER FOR THESE COMBINED AREAS. I AM GOING TO INTRODUCE THIS BECAUSE THIS IS OUR FIRST PLANS UNDER OUR NEW PROCESS. WE'VE COMPLETED THE PLANS IN NINE MONTHS. THIS IS -- WE JUST FINISHED SIX OF THEM IN NINE MONTHS, THE MLK WENT TO THE PLANNING COMMISSION LAST NIGHT, BUT GOT DELAYED FOR TWO WEEKS. IT WILL BE COMING TO YOU SOON. THE THREE AREAS HAVE BEEN COMBINED INTO PLANNING AREAS, AND WHAT I JUST WANTED TO STRESS IS THAT THE CHRONICLE REPORTED A FEW WEEKS AGO THAT OUR NEWLY COMBINED AREAS ARE CONTROVERSIAL, SO YOU'LL PROBABLY HEAR TONIGHT DIFFERENTLY. AND IT ALSO INDICATED IN THE CHRONICLE THAT WE HAVE DILUTED THE ELEMENTS OF THE PLAN, AND THAT IS NOT TRUE. I WANT TO LET YOU KNOW THAT THE NEIGHBORHOOD PLANS, EVEN UNDER THE COMBINED AREA, HAVE AN ENHANCED ELEMENT THAT WAS NOT THERE BEFORE, WHICH IS CALLED CITY SERVICES. WE HAVE A PLANNING PROCESS THAT IDENTIFIES CITY SERVICES WHERE DEPARTMENTS HAVE COMMENTED BACK TO US AND WHERE ELEMENTS WHERE THEY ARE SUPPORTING AND WILL BE FUNDING, AND THEY'RE ITEMIZED AS A CHAPTER IN THE PLAN AND NOT JUST A LIST OF ITEMS THAT WERE AS EXCLUSIVE AS IT USED TO BE BEFORE. SO THE PLAN IS VERY WELL ORGANIZED, IT'S WELL THOUGHT OUT, IT HAS LAND USE TRANSPORTATION, URBAN DESIGN GUIDEGUIDELINES AND SERVICE PLANNING. SO WE'RE GLAD TO PRESENT THAT TO YOU AND SONYA WILL WALK YOU THERE IT.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: MS. GLASGO, I'M GLAD TO SEE YOU DOING YOUR DEPARTMENT LIKE THAT. AND ANOTHER CRITICISM IS THAT PLANS WEREN'T HAPPENING FAST ENOUGH, AND I MADE THAT CRITICISM, AMONG OTHERS, BEFORE. BUT SINCE WE'VE DONE THESE CHANGES WHICH YOU BROUGHT TO US AT THE COUNCIL REQUEST AS A WAY TO SPEED IT UP AND ALSO TO MAKE THEM A LITTLE SHORTER. CITIZENS WOULD SPEND YEARS DOING THIS. THERE'S BEEN A LOT MORE OF THE NEIGHBORHOOD PLANS ROLLING THROUGH HERE GETTING APPROVED SINCE THEN, SO I WANT TO CONGRATULATE YOU AND THE WHOLE DEPARTMENT ON THAT AS WELL.

Glasco: THANK YOU VERY MUCH.

GOOD EVENING, I'M SONYA LOPEZ WITH THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. I'LL BE PRESENTING TWO AGENDA ITEMS, Z-14 AND Z-15. Z-14 IS THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN. Z-15 IS THE REZONING FOR THAT PLAN. I'LL BE PRESENTING THEM CONCURRENTLY. I JUST WANTED TO DIRECT COUNCIL'S ATTENTION TO THE PACKETS OF ITEM THAT YOU RECEIVED ON THE DIAS. THERE'S ONE PACT WITH A YELLOW SHEET ON THE FRONT. THIS WILL REFER TO ITEM Z-14. WHEN I TALK ABOUT THE COMBINED PLAN. AND THE PACKET WITH THE PINK SHEET WILL REFER TO THE REZONINGS, AGENDA ITEM Z-15. STARTING OFF WITH AGENDA ITEM Z-FOWN R. URN 14. IT IS AN AMENDMENT TO THE AUSTIN COMPREHENSIVE PLAN. THE PLANNING COMMISSION HEARD THE PLAN ON AUGUST 28 August 28th AND RECOMMENDED IT FOR CITY COUNCIL. THE PLAN COVERS, AS I MENTIONED, LAND USE AND ZONING, TRANSPORTATION, CITY SERVICES, AND URBAN DESIGN. IT HAS GOALS, OBJECTIVES AND ACTION ITEMS WHICH ADDRESS THESE ELEMENTS. I'M GOING TO STEP UP TO THE MAP FOR JUST A MINUTE. THIS IS A COMBINED NEIGHBORHOOD PLAN. IT'S COMPOSED OF THREE NEIGHBORHOOD PLANNING AREAS, FRANKLIN PARK, McKINNEY AND SOUTHEAST. THE ENTIRE NEIGHBORHOOD PLANNING AREA IS BOUNDED BY I-35 ON THE WEST, BEN WHITE TO THE NORTH, U.S. HIGHWAY 183 TO THE EAST AND TO THE SOUTH BY BURLESON AND SMITH ROAD AND WILLIAMSON CREEK.

Mayor Garcia: IS THERE ANYTHING NORTH OF BEN WHITE? THERE ARE SOME COLORED AREAS NORTH OF --

[ INAUDIBLE ]

Mayor Garcia: OKAY.

STAFF BEGAN PLANNING IN THIS AREA IN AUGUST OF 2001. WE BEGAN MEETING IN FEBRUARY OF 2002 WITH THE ENTIRE COMMUNITY. WE HELD TWO LARGE COMMUNITY WIDE WORKSHOPS AND WE HAD 13 SMALLER MEETINGS TO DISCUSS SPECIFIC ITEMS. OUR LAST MEETING WAS HELD IN EARLY AUGUST. SOME OF THE PRIORITIES THAT WERE EXPRESSED BY THE SOUTHEAST COMMUNITY WERE THE DESIRE TO PRESERVE SINGLE-FAMILY RESIDENTIAL AREAS AND PROMOTE RESIDENTIAL HOME OWNERSHIP. THE COMMUNITY ALSO EXPRESSED THE DESIRE TO PROVIDE CONNECTIONS BETWEEN NEIGHBORHOODS AND THE GREEN SPACES IN AND AROUND THE AREA. PROVIDING OPPORTUNITIES FOR NEIGHBORHOODS SERVING BUSINESSES WAS ALSO A TOP PRIORITY AS WELL AS INCREASING USE DEVELOPMENT -- YOUTH DEVELOPMENT OPPORTUNITIES AND TRAINING OPPORTUNITIES. ANOTHER STRONG PRIORITY THAT CAME OUT OF OUR MEETINGS WAS A DESIRE TO PROTECT AND PRESERVE THE NATURAL ENVIRONMENT. THERE ARE A NUMBER OF CRITICAL ENVIRONMENTAL FEATURES AND ENVIRONMENTAL SENSITIVE AREAS FOUND IN THE SOUTHEAST AREA. ANOTHER PRIORITY WAS THE DESIRE TO DECREASE CRIMINAL ACTIVITY. I'M GOING TO STEP UP TO THE MAP AGAIN. TO DISCUSS SOME OF THE LAND USE ISSUES YOU'LL NOTICE THAT FRANKLIN PARK IS BY FAR -- THE FRANKLIN PARK NEIGHBORHOOD PLANNING AREA IS BY FAR THE MOST DENSE AREA WITHIN THE ENTIRE COMBINED PLANNING AREA. THE MAJORITY OF THE POPULATION IS HERE AND IT'S RESIDENTIAL FOR THE MOST PART. SOUTHEAST IS THE OPPOSITE EXTREME. IT'S LARGELY COMPRISED OF UNDEVELOPED TRACTS OF LAND, LARGE TRACTS OF LAND. A LOT OF IT IS ALREADY LOANED LI, LIMITED INDUSTRIAL. McKINNEY IN THE MIDDLE HERE IS A MIXTURE OF LAND USES. TO THE SOUTH IT'S PRIMARILY RESIDENTIAL AND IN THE NORTH IT'S PRIMARILY INDUSTRIAL AND COMMERCIAL. THE MORE INTENSIVE TYPES OF COMMERCIAL USES ARE LOCATED ALONG I-35, BEN WHITE AND 183. THERE ARE SOME NEIGHBORHOODS SERVING COMMERCIAL NODES AT SOME OF THE PRIMARY INTERSECTIONS WITHIN THE PLANNING AREA. ALSO NOTABLE ARE THE GREEN SPACES TO THE SOUTH OF FRANKLIN PARK AND McKINNEY NEIGHBORHOOD PLANNING AREAS. WE HAVE THE WILLIAMSON CREEK AREA. YOU ALSO HAVE McKINNEY FALLS STATE PARK HERE, ROY KAISER AND JIMMY CLAY GOLF COURSES. AND THEN THIS IS THE FUTURE SITE OF THE ONION CREEK SPORTS COMPLEX. THE RECOMMENDED REZONING WILL START TO IMPLEMENT THE LAND USE VISION DEVELOPED IN THIS PLAN. MOVING ON TO AGENDA ITEM Z-15, THE REZONING FOR THIS PLAN, THERE ARE THREE SEPARATE ORDINANCES THAT ARE BEING PRESENTED FOR APPROVAL ON ALL THREE READLINGS. CASE NUMBER C-14-020128.01 IS THE FRAJ LIEN PARK. THE NEXT ONE IS THE McKINNEY NEIGHBORHOOD PLAN COMBINING DISTRICT. CASE NUMBER C-14-020128.03 IS THE SOUTHEAST NEIGHBORHOOD PLAN COMBINING DISTRICT. THERE ARE NO VALID PETITIONS. PLANNING COMMISSION RECOMMENDED THE REZONINGS ON AUGUST 28TH. THE NEIGHBORHOOD AND STAFF SUPPORT THAT THE REZONINGS BE ADOPTED AS PLANNING COMMISSION RECOMMENDED THEM. THE ORDINANCES CONSIST OF ZONING CHANGES ON 71 TRACTS. THE SMART GROWTH INFILL OPTIONS THAT THE PLAN IS RECOMMENDING ARE THE NEIGHBORHOOD URBAN CENTER, MIXED USE BUILDINGS AND SMALL LOT AMNESTY. THERE ARE FIVE ZONING ITEMS THAT MIGHT BE BROUGHT UP THAT ARE INCONSISTENT WITH PLANNING COMMISSION RECOMMENDATIONS, AND AT THIS POINT I'D LIKE TO REFER YOU TO THE PINK SHEET. I'LL RUN THROUGH THIS SHEET BRIEFLY. AND THROOTION -- THERE'S ALSO A MAP BEHIND THAT THAT YOU CAN REFER TO THAT HAS THE SAME NUMBERS AS ON THE PINK SHEET SO YOU CAN SEE WHERE THEY ARE GEOGRAPHICALLY. ITEM 1-A, B AND C, THERE ARE SOME PROPERTIES SOUTH OF ST. ELMO ROAD CURRENTLY ZONED CS, COMMERCIAL SERVICES, LO, LIMITED OFFICE, AND RR, RURAL RESIDENTIAL. STAFF NEIGHBORHOOD AND PLANNING COMMISSION RECOMMENDATION IS TO NOT REZONE THESE PROPERTIES. THE PROPERTY OWNERS WOULD LIKE CS-MU-CO-NP, COMMERCIAL SERVICES, MIXED USE WITH A CONDITIONAL OVERLAY AND LO, MU-CO-NP, LIMITED OFFICE, MIXED USE WITH A CONDITIONAL OVERLAY. THEIR DESIRE IS TO DO A MULTI-FAMILY DEVELOPMENT THERE. ITEM DE, THERE IS A PROPERTY AT ZERO NUCKOLS CROSSING ROAD. IT'S AN UNDEVELOPED PIECE OF PROPERTY THAT'S CURRENTLY ZONED SINGLE-FAMILY. STAFF NEIGHBORHOOD AND PLANNING COMMISSION RECOMMENDATION IS TO NOT REZONE THIS PROPERTY, TO KEEP IT SINGLE-FAMILY-2. THE PROPERTY OWNER WOULD LIKE N.O.-NP-NEIGHBORHOOD OFFICE. 1-F AND G IS A PROPERTY AT ZERO TERRY LANE. AN UNDEVELOPED PIECE OF PROPERTY CURRENTLY ZONED LO. STAFF, NEIGHBORHOOD AND PLANNING COMMISSION WOULD LIKE THE REZONING TO STAY THE SAME, LO. THE PROPERTY OWNER WOULD LIKE LR, NEIGHBORHOOD COMMERCIAL. ITEM 1-H IS A PIECE OF PROPERTY AT ZERO U.S. HIGHWAY 183, AN UNDEVELOPED PIECE OF LOT PROT IS CURRENTLY ZONED SF-2, SINGLE-FAMILY. THE NEIGHBORHOOD STAFF AND PLANNING COMMISSION ARE RECOMMENDING THAT THIS CHANGE ON THE FUTURE LAND USE MAP TO COMMERCIAL; HOWEVER, WE'RE NOT RECOMMENDING A REZONING AT THIS TIME TIT. THE PROPERTY OWNER WOULD LIKE A REZONING TO CS-NP, COMMERCIAL SERVICES. THE LAST ITEM IS 1-I, J, A PROPERTY AT 2505 HOKIE LANE. STAFF, NEIGHBORHOOD AND PLANNING COMMISSION ARE RECOMMENDING A CHANGE FROM DR, DEVELOPMENT RESERVE, TO WLO-NP, LIMITED OFFICE. THE PROPERTY OWNER WOULD LIKE CS-NP, COMMERCIAL SERVICES. NOTABLE ABOUT THIS AREA IS THAT THE PROPERTY IS LOCATED ENTIRELY WITHIN THE 100 YEAR FLOODPLAIN AND IT IS A SUBSTANDARD ROAD. THERE IS CURRENTLY NO CURB AND GUTTER. NOW I'D LIKE TO DIRECT YOUR ATTENTION TO THE MOTION SHEET. IT'S THE YELLOW SHEET THAT WE'VE INCLUDED IN THAT PACKET. THE GRAY SHADED AREA PERTAINS TO THE NEIGHBORHOOD PLAN, ITEM Z-14. AND THE COLUMN NEXT TO IT REFERS TO THE MOWINGS THAT RELATE TO THE REZONINGS. MOTION 1 WOULD BE TO REZONE -- I'M SORRY, APPROVE THE PLAN AND APPROVE THE REZONINGS AS RECOMMENDED BY PLANNING COMMISSION. IF COUNCIL WOULD LIKE TO CONSIDER ANY OF THE ITEMS THAT WERE INCONSISTENT WITH THE PLANNING COMMISSION RECOMMENDATION THAT WERE ON THIS PINK SHEET, THE MOTIONS BELOW ARE THE POSSIBLE MOTIONS THAT COULD BE CONSIDERED. TO GO OVER THESE REALLY BRIEFLY, 1-A, B AND C PERTAIN TO THE PROPERTIES ON ST. ELMO ROAD. MOTION 1-A WOULD BE A MOTION TO POSTPONE CONSIDERATION OF THE ITEMS UNTIL OCTOBER 10th OCTOBER 10TH. 1-B WOULD BE A MOTION TO CHANGE THE FUTURE LAND USE MAP FOR THESE PROPERTIES TO REFLECT MIXED USE, BUT NOT TO DO A REZONING AT THIS TIME. AND MOTION 1-C WOULD BE TO CHANGE THE FUTURE LAND USE MAP AND CHANGE THE ZONING. FOR THE ITEMS D AND E, THE PROPERTY AT ZERO NUCKOLS CROSSING ROAD, IS-D WOULD BE A MOTION TO CHANGE THE FUTURE LAND USE MAP TO OFFICE AND ON NOT DO A REZONING AT THIS TIME. 1-E WOULD BE A MOTION TO CHANGE THE FUTURE LAND USE MAP IN ADDITION TO THE REZONING TO N.O.-NP. THE NEXT ITEM, 1-F AND G REFERS TO THE PROPERTY AT ZERO TERRY LANE. 1-F WOULD BE A MOTION TO CHANGE THE FUTURE LAND USE MAP TO SHOW COMMERCIAL, BUT NOT DO A REZONING AT THIS TIME. 1-G WOULD REFLECT CHANGE TO THE FUTURE LAND USE MAP AND THE REZONING TO LR-NP. ITEM 1-H, SINCE THIS PROPERTY IS ALREADY BEING RECOMMENDED IN THE FUTURE LAND USE AS COMMERCIAL, 1-H ISCISMLY A MOTION TO REZONE TO CS-NP. AND THE LAST ITEM, THE PROPERTY AT 2505 HOKIE, 1-I WOULD BE TO CHANGE TO THE LAND USE MAP AND NOT DO A REZONING. THE OTHER WOULD BE TO REZONE TO CS-NP. THAT CONCLUDES MY PRESENTATION. IF COUNCIL HAS ANY QUESTIONS, STAFF IS AVAILABLE.

Mayor Garcia: QUESTIONS FOR STAFF? COUNCILMEMBER DUNKERLEY.

Dunkerley: I HAVE A CLARIFICATION. ON YOUR PINK SHEET UNDER ITEM 1 A, B, C, YOU HAVE THREE ADDRESSES LISTED THERE.

YEAH. I ACTUALLY --

Dunkerley: UNDER THE YELLOW SHEET THERE ARE ONLY TWO. AND I DIDN'T KNOW WHETHER IT'S BECAUSE THEY DIDN'T NEED A CHANGE ON 4511 OR WHETHER IT WAS AN OMISSION.

I'M ACTUALLY NOT POSITIVE ABOUT ALL OF THE ADDRESSES. THIS IS BASED ON INFORMATION THAT I'VE BEEN ABLE TO PULL UP FROM OUR GIS SYSTEM. AND I THINK THAT WAS AN OMISSION ON MY PART LEAVING OUT THE THIRD ADDRESS.

Dunkerley: THE 4511 SHOULD BE ON THE YELLOW SHEET AS WELL?

AS FAR AS I KNOW. AND I'M SURE THE DEVELOPER IS COMING UP TO TALK ABOUT THE PROJECT AND WILL BE ABLE TO CLARIFY THE ADDRESSES.

Dunkerley: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR STAFF. THANK YOU, MS. LOPEZ. WE HAVE A FEW SPEAKERS. AT THIS TIME I'M GOING TO CALL THEM UP AND THEN WE CAN HAVE MORE DISCUSSION WITH STAFF AND WITH PROPERTY OWNERS. THE FIRST SPEAKER IS MR. LEE SLOAN. MR. SLOAN, WELCOME. I HAVEN'T SEEN YOU IN AWHILE.

MAYOR GARCIA AND MEMBERS OF THE AUSTIN CITY COUNCIL, MY NAME IS LEE SLOAN, I'M THE PRESIDENT OF THE KENSINGTON PARK NEIGHBORHOOD ASSOCIATION. AND I'M FIRST HERE TO PRESENT THE ENTHUSIASTIC SUPPORT OF OUR NEIGHBORHOOD FOR THIS PLAN. THIS HAS BEEN 11 LONG MONTHS IN THE MAKING, BUT IT WAS CERTAINLY WELL WORTH IT. THE PLAN HAS BEEN CRAFTED, PROVIDES AMONG OTHER THINGS WE HAVE APPROPRIATE ZONING AND APPROPRIATE ZONING PROTECTION AND OVERLAYS FOR OUR SOUTHEAST AUSTIN AREA. WE HAVE INCREASED GREENBELTS AND HIKE AND BIKE TRAILS FOR OURSELVES. AND FINALLY, WE HAVE A GENERALLY SHARED VISION OF WHAT THIS PART OF AUSTIN COULD AND SHOULD BE AS IT GROWS INTO THE 21st CENTURY AND BEYOND. ALICE GLASGO AND HER TEAM ARE TO BE HIGHLY COMMENDED FOR THEIR HOURS OF WORK WITH THE NEIGHBORHOODS AND ATTENDEES TO CRAFT A GOOD, COMPREHENSIVE AND WORKABLE PLAN FOR THIS AREA. AND I AND MY NEIGHBORS RESPECTFULLY REQUEST YOUR FULL SUPPORT FOR THIS VERY IMPORTANT MILESTONE TO FOR THIS SOUTHEAST AUSTIN AREA. BUT BEFORE CLOSING I WANT TO TOUCH ON TWO SPECIFIC ITEMS THAT NEED TO BE ADDRESSED. THE FIRST ITEM INVOLVES ADDITIONAL ENVIRONMENTAL PROTECTIONS FOR OUR AREA. JACK ALLISON WILL BE ELABORATING ON THIS SOMEWHAT FURTHER, BUT TO SUMMARIZE, THE PLANNING COMMISSION IN ITS HEARINGS AND APPROVAL OF THIS PLAN, SUGGESTED ADDITIONAL ENVIRONMENTAL PROTECTIONS BE INCORPORATED INTO THE PLAN. MR. MAYOR, IN YOUR VISIT TO OUR AREA YOU COMMENTED ALSO AND INDICATED THAT THE CREEKS AND WATERWAYS OF THIS SOUTHEAST AUSTIN AREA CERTAINLY WERE DESERVING THE CITY PROTECTION. AND TO THAT END WE ARE REQUESTING A CHANGE IN THE CLASSIFICATION OF STREAMS IN OUR AREA TO PROVIDE MORE PROTECTIONS OF CREEKS AND WATERWAYS. AS I SAID, JACK WILL BE ADDRESSING THAT MORE FULLY. THE SECOND ITEM I WANT TO GO TO IS ONE THAT STRIKES AT THE HEART OF THE PLAN. WE HAVE BECOME AWARE IN THE LAST WEEK THAT THERE HAVE BEEN REQUESTS FOR INQUIRE INQUIRIES BY CERTAIN PARTIES FOR LAST MINUTE ZONING CHANGES TO THE SOUTHEAST AUSTIN NEIGHBORHOOD PLAN. I'D LIKE TO COMMENT ON THESE REQUESTS. FIRST IT IS OUR CONTENTION THAT SUCH CHANGES ARE ABSOLUTELY INAPPROPRIATE. IT IS INAPPROPRIATE FOR DEVELOPERS AND AGENTS TO COME RUSHING IN HERE AT THE LAST MINUTE AND DEMAND ZONING CHANGES OR OTHER SPECIAL TREATMENTS. THIS PLAN BEFORE YOU WAS CRAFTED OVER MANY MONTHS OF HARD WORK AND LONG HOURS BY THE NEIGHBORHOOD PARTICIPANTS AND CITY STAFF. THE PEOPLE WANTING THESE LAST MINUTE ZONING CHANGES WERE FULLY AWARE NEIGHBORHOOD PLANNING PROCESS AND THEY CHOSE NOT TO PARTICIPANT. MANY OF THE ZONINGS, AND PARTICULARLY THE ONES ASSOCIATED WITH THE ITEMS ALONG NUCKOLS CROSSING ROAD, THOSE WERE PUT IN PLACE IN THE 1980'S TO PROVIDE PROTECTION OF THE CREEKS AND THE WATERWAYS AND THE WETLANDS IN THOSE AREAS AND PROTECTION OF THE NEIGHBORHOODS FROM UNDESIRABLE, HIGH DENSITY DEVELOPMENT. THESE -- [ BUZZER SOUNDS ] THOSE ZONINGS HAVE HAVE HAD CONTINUED SUPPORT THROUGHOUT THE NEIGHBORHOOD PLAN PROCESS. GRANTING THEIR EXEMPTIONS IS AN INSULT TO THE PEOPLE WHO HAVE WORKED SO LONG AND HARD TO HAMMER THESE OUT, AND MOREOVER, I THINK GRANTING SUCH THINGS ARE A DIRECT AATTACK ON THE INTEGRITY OF THE NEIGHBORHOOD PLAN PROCESS ITSELF. COUNCIL, THIS IS THE CAMEL'S NOSE UNDER THE TENT. IF YOU ALLOW THIS TO HAPPEN THIS TIME, NEXT TIME THERE WILL BE 100 PEOPLE DOWN HERE WANTING CHANGES. AND YOU WILL HAVE GUTTED THE NEIGHBORHOOD PLANNING PROCESS. I HAVE ONE ITEM I WOULD LIKE TO FINISH UP WITH QUICKLY. I POINT OUT THAT SOME OF THE REQUESTS HAVE ONGOING NEGOTIATIONS BETWEEN DEVELOPERS AND NEIGHBORHOODS. THESE ARE SERIOUS NEGOTIATIONS AND I CAN ASSURE THIS COUNCIL THAT KENNING TON PARK AND OTHER FA NEIGHBORHOODS STAND READY AND WILLING TO WORK WITH THESE FOLKS TO DEVELOP QUALITY PROJECTS FOR OUR AREA. IF MODEST ZONING CHANGES ARE REQUIRED ONCE THESE NEGOTIATIONS ARE FINISHED AND IF THAT DELAY IN A ZONING WOULD CREATE A HARDSHIP, THEN WE CAN AT THAT TIME BRING FORWARD FOR ACTION THOSE ZONING CHANGES UNDER THE HARDSHIP AMENDMENT PROVISIONS FOR NEIGHBORHOOD PLANS. THERE IS A PROVISION FOR MAKING -- FOR MAKING HARDSHIP AMENDMENTS. BUT NOT NOW, NOT TONIGHT. WE RESPECTFULLY REQUEST THAT YOU DENY THESE LAST MINUTE ZONING CHANGES AND THAT YOU SUPPORT THE NEIGHBORHOOD PLAN BEFORE YOU. THANK YOU.

Mayor Garcia: MR. JACK ALLISON: GOOD TO SEE YOU AGAIN.

THANK YOU, SIR. MAYOR GARCIA AND COUNCILMEMBERS, MY NAME IS JACK ALLISON. MY WIFE AND I HAVE LIVED IN THE SOUTHEAST AREA FOR 27 YEARS. IT'S TRULY A PLEASURE TO BE HERE TONIGHT SUPPORTING THIS DOCUMENT, THE NEIGHBORHOOD PLAN. I ASK YOU TO SUPPORT THE PLAN AS IT COMES TO YOU FROM THE PLANNING COMMISSION. BY DOING SO YOU WILL BE HONORING THE HARD WORK OF THOSE WHO CHOSE TO PARTICIPATE IN PRODUCING THIS PLAN. I WOULD ALSO URGE YOU TO SUPPORT THE PLANNING COMMISSION'S DESIRE TO STRENGTHEN THE ENVIRONMENTAL PORTION OF OUR PLAN. THE WILLIAMSON CREEK WATERSHED IS KNOWN TO HAVE HIGH FLOODING, EROSION AND WATER QUALITY PROBLEMS. WITHIN THE PLAN WE RECOMMEND APPLYING THE 64-ACRE CRITICAL WATER QUALITY ZONE CRITERIA TO REPLACE OUR CURRENT 320-ACRE SUBURBAN DESIGNATION. WE UNDERSTAND THAT 64 ACRES AND LESS IS APPLIED TO OTHER PARTS OF AUSTIN. WE BELIEVE OUR CREEKS AND WATERWAYS ON THE EAST SIDE ARE EQUALLY DESERVING. BY ADOPTING THE 64-ACRE CRITERIA IN THE PORTION OF THE WILLIAMSON CREEK WATERSHED THAT IS IN OUR PLAN, AN ADDITIONAL 25,000 LINEAR FEET, OR APPROXIMATELY 70% MORE WATERWAY, WILL BE PROTECTED. WITH YOUR HELP THE CHANGES NECESSARY TO BRING ON THIS PROTECTION CAN BEGIN TODAY. I'M GOING TO ASK YOU TO PARTICIPATE IN KIND OF A SOUTHEAST AUSTIN POWERPOINT PROGRAM BY TURNING TO PAGE 108 IN YOUR PLAN. WE'RE GOING TO KEEP IT PRETTY SIMPLE. I'M GOING TO ASK YOU ON DO YOUR OWN READING ON OUR RECOMMENDED PROTECTION. THERE'S A PARAGRAPH THERE THAT BASICALLY GOES INTO A LITTLE BIT MORE DETAIL AND STATES WITHIN THE BODY OF THE PLAN -- PAGE 108. IT'S ABOUT FOUR OR FIVE PAGES FROM THE BACK. SO R. 105 POSSIBLY. IT'S 108 IN MINE. IT'S UNDER THE ENVIRONMENTAL SECTION. FIND IT? THANK YOU. I'LL BE GLAD TO SHARE MY COPY WITH SOMEBODY THAT MIGHT STILL BE SEARCHING. [ BUZZER SOUNDS ]

Mayor Garcia: LET ME SEE IF SOMEBODY WANTS TO GIVE YOU SOME TIME. OKAY. YOU HAVE THREE MORE MINUTES.

THANK YOU.

Mayor Garcia: AND DIANE TOO? YOU HAVE SIX MORE MINUTES.

I DON'T NEED IT. ALL I HAVE LEFT IS TO ASK YOU TO CONSIDER APPLYING THE 64-ACRE CRITERIA TO THE WILLIAMSON CREEK PORTION OF OUR SOUTHEAST PLAN. THANK YOU.

Mayor Garcia: THANK YOU.

I DON'T KNOW THE MECHANISMS TO DO IT, BUT YOU HAVE THE POWER TO DO IT.

Mayor Garcia: ALL RIGHT. YOUR TIME IS PRESERVED.

GOOD EVENING, MAYOR, COUNCILMEMBERS, MY NAME IS AMELIA LOPEZ. AND I'M HERE TO SPEAK ON TWO DIFFERENT CASES. SHOULD I SPEAK RIGHT NOW ON AND COME BACK TO THE SECOND ONE OR SPEAK ON BOTH NOW?

Mayor Garcia: SPEAK ON BOTH.

VERY BRIEFLY, THE TRACT ON THE -- I GUESS IT'S THE 1 A, B AND C --

> Mayor Garcia: YOU UNDERSTAND YOU ONLY GET THREE MINUTES.

I'LL TALK REAL FAST THEN. THE BOTTOM LINE IS ON THAT ONE I'LL TELL YOU THAT WE'VE BEEN MEETING WITH THE NEIGHBORHOOD ASSOCIATION AND WITH THE FRANKLIN PARK NEIGHBORHOOD ASSOCIATION. WE HAVE ANOTHER MEETING LINED UP THIS COMING MONDAY AND ANOTHER ONE ON OCTOBER 16TH. AND THEY AGREED TO CONTINUE WORKING WITH US. SO WHAT WE HAVE ASKED IS THAT THIS ITEM NOT BE ACTED ON TONIGHT, BUT JUST BE PULLED OUT OF THE PLAN TO GIVE US AN OPPORTUNITY TO KEEP WORKING WITH THEM AND COME BACK ON OCTOBER 10th TO HOPEFULLY HAVE AN AGREEMENT OR AT LEAST A POSITIVE REPORT TO BRING TO YOU. THE SAME ASSOCIATION ON THE OTHER TRACT, WHICH I BELIEVE IS 1-F ON CHERRY LANE AND FREDERICK ROAD, THE SAME SITUATION, IT'S A THREE ACRE TRACT BEHIND THE WAL-MART, SOUTHWEST CORNER, AND WE HAVE A CLIENT THAT WOULD LIKE TO GO FROM LO TO LR FOR NEIGHBORHOOD RETAIL. THE NEIGHBORHOOD SEEMS INTERESTED? DISCUSSING THAT IN DETAIL WITH SPECIFIC USES. SO WE WOULD LIKE AN OPPORTUNITY TO SPEAK WITH THEM ABOUT THAT, SO THEREFORE ASKING YOU TO CONSIDER PULLING THIS OUT OF YOUR PLAN TONIGHT UNTIL WE'RE ABLE TO MEET WITH THOSE TO DISCUSS THIS FURTHER. BRING IT BACK ON OCTOBER 10 October 10th. IF YOU NEED A REASON ON THE 1, A, B AND C, CRAIG ALTER IS SIGNED UP TO SPEAK SO THAT AS FAR AS SCHEDULING GOES. THANK YOU.

Mayor Garcia: OKAY. MS. HANNAH. AND FOLLOWING YOU IS DIANE SANDERS.

GOOD EVENING. I'M HAPPY TO BE HERE AGAIN, MAYOR. AND COUNCILMEMBERS. I WOULD LIKE TO SIMPLY STATE THAT I AM IN FULL SUPPORT OF THE NEIGHBORHOOD PLAN AS IT STANDS WITH NO PULLING. I AGREE WITH MR. SLOAN. THE PEOPLE WHO WORKED ON THIS PLAN WORKED DILIGENTLY WITH STAFF, AND I THINK IT SHOULD STAY AS IT IS. WE CAN ADDRESS ANY ADDITIONAL ISSUES AT A LATER DATE, BUT I THINK IT WOULD BE AN AFFRONT TO THEM IF WE ALTERED THIS PLAN IN ANY WAY. WE CAN DEAL WITH THINGS AS THEY COME UP, BUT I THINK IT SHOULD BE LEFT AS IS THE WAY THE PLANNING COMMISSION SENT IT TO YOU. THANKS.

GOOD EVENING, MAYOR, COUNCILMEMBERS. MY NAME IS DIANE SANDERS AND I AM THE VICE-PRESIDENT OF THE FRANKLIN PARK NEIGHBORHOOD ASSOCIATION. AND I AM HERE ALSO TO RECOMMEND THE PLANNING AS IT IS. WE DID WORK VERY HARD WITH THE STAFF AND WE LIKE THE PLAN AS IT IS AND I DON'T WANT TO SEE ANY CHANGES MADE TO THAT. AND SO I ALSO WILL PIGGYBACK OFF WHAT MR. SLOAN SAID. THANK YOU.

Mayor Garcia: THANK YOU, MS. SANDERS. JANIS WALSH? JANIS ACTUALLY DID NOT WISH TO SPEAK AND SHE WANTS TO DONATE SOME TIME TO YOU. YOU DIDN'T USE YOUR TIME, SO MS. WALSH, DID YOU WANT TO USE YOUR TIME.

I WOULD LIKE TO GO AHEAD AND MAKE -- MAKE A COMMENT. I'VE LIVED IN THE FRANKLIN PARK NEIGHBORHOOD, MAYOR, FOR 10 YEARS. AND THAT'S RIGHT OUTSIDE OF THE DOVE SPRINGS AREA. AND I COME FROM HOUSTON, A VERY IMPOVERISHED NEIGHBORHOOD. AND THIS WAS MY STEP UP IN THE WORLD, MOVING TO AUSTIN, AND MOVING INTO FRANKLIN PARK. WHEN I FIRST MOVED IN TO THAT AREA, IT WAS TERRIBLE. THE CRIME RATE IS -- IT'S BAD NOW, BUT IT WAS DOUBLE WHAT IT IS NOW BACK THEN. AND WE IN OUR COMMUNITY HAVE SPENT MANY HOURS. DIANE SANDERS, WE HAVE TO GIVE IT TO THEM, CLEANING UP THAT NEIGHBORHOOD, GETTING RID OF THE GANGS, GETTING RID OF THE GRAFITTI. THERE WERE TIMES WHEN POLICE UNITS COULDN'T EVEN DRIVE DOWN STASSNEY WITHOUT GETTING ROCKS THROWN AT THEIR CARS BY THE GANGS AND THE KIDS THAT HUNG OUT THERE. MAINLY WHAT I'M CONCERNED WITH WITH THIS PLAN IS BEING COMPLETELY ENCIRCLED BY COMMERCIAL. YOU KNOW, WE'RE JUST A LITTLE TEENY WEINIE NEIGHBORHOOD DOWN THERE IN FRANKLIN PARK. AND ALL THIS BUILDING ALL AROUND US, THE INFRASTRUCTURE OF THAT NEIGHBORHOOD CANNOT HANDLE ALL THE TRAFFIC THAT IS GOING TO COME FROM ALL THESE BIG APARTMENT COMPLEXES. AND I WOULD LIKE TO MAKE AN EXAMPLE WITH THE FRED RIKZ ROAD. ONE LANE THIS WAY, ONE LANE THAT WAY. NO TURNING LANES. Y'ALL HAVE BUILT A HUGE BUSINESS COMPLEX OUT THERE THAT HAS -- GOODNESS, I DON'T KNOW HOW MANY OFFICES, BUT IF YOU'RE GOING TO STICK MORE APARTMENTS BACK THERE AND MORE BUSINESSES, IT'S GOING TO BE CRAZY BACK THERE. NUCKOLS CROSSING HAS JUST GOT PAVED WITHIN THIS LAST YEAR, AND WE CAN DECENTLY DRIVE BACK THERE DOWN THROUGH THAT ROAD. AND IT'S ONE LANE THIS WAY AND ONE LANE THAT WAY. NO TURN LANES, NO STOPS, NOTHING. BUT I JUST CAN'T SEE HOW THAT NEIGHBORHOOD IS GOING TO BE ABLE TO BE ABLE AT THIS TIME TO HANDLE ALL THE DEVELOPMENT WITHOUT THE CITY DOING ANYTHING ABOUT THE DRAINAGE, THE STREETS AND THE TRAFFIC PROBLEMS AROUND BEN WHITE AND THAT AREA. BEN WHITE AND STASSNEY ARE WELL-KNOWN TO THIS CITY TO BE THE LONGEST TWO LIGHTS IN THIS WHOLE CITY. SO WHEN YOU PUT ALL THOSE BUNCHES OF PEOPLE OUT HERE IN THIS CORNER OF LAND ALL COMING OUT OF THE SAME STREETS INTO BEN WHITE OR STASSNEY -- BECAUSE THAT'S JUST ABOUT THE ONLY TWO PLACES THEY'RE GOING TO BE COMING OUT. IF Y'ALL COULD IMAGINE, I SIT AT BEN WHITE 20 MINUTES EACH MORNING JUST TO GET HERE TO WORK. SO I CAN IMAGINE WHAT IT'S GOING TO BE LIKE WHEN WE, YOU KNOW, PUT ALL THESE PEOPLE BACK THERE AND DO NOT DO ANYTHING ABOUT THE STREET SITUATION AND SO ON. [ BUZZER SOUNDS ] THANK YOU VERY MUCH FOR YOUR TIME.

Mayor Garcia: THANK YOU VERY MUCH, MS. WALSH. LEWIS SALSTIAL? HE IS NOT WISHING TO SPEAK, BUT IS REGISTERED AGAINST. MONA CAMPOS? MONA CAMPOS, MARIA CAMPOS? OKAY.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: THANK YOU. BEFORE SHE SPEAKS, I WOULD JUST LIKE TO REPLY BRIEFLY TO MS. WALSH AND LET MER KNOW THAT LAST YEAR THE COUNCIL APPROVED A FUNDING PROJECT FOR FREED RICKS LANE. AND IF I REMEMBER CORRECTLY, THAT STREET WILL BE GOING FROM A TWO-LANE BAR DITCH SORT OF DEAL TO A THREE-LANE CURB AND GUTTER, SIDEWALKED ROAD. LAST YEAR WE APPROVED SIGNIFICANT FUNDS FOR THAT ROAD. I'M NOT SURE OF THE TIMING OF THE PROJECT. THIS WILL TAKE A LOT OF PLANNING, I'M SURE, BUT HOPEFULLY THAT'S ALL UNDER WAY.

IT IT NEEDS TO BE DONE OUT THERE.

Wynn: WE UNDERSTAND.

THANK YOU.

I WAS TOLD TO REFER TO MOTION I-J, IS THAT RIGHT? HOKIE LANE?

Mayor Garcia: OKAY. YOU'RE REGISTERED FOR Z-15. YOU CAN SPEAK ON WHICHEVER PART OF THE -- I-J, YOU'RE -- 1-J?

MY DAD WAS SUPPOSED TO GO FIRST BUT --

Mayor Garcia: OKAY. FERNANDO?

GOOD EVENING, MAYOR, CITY COUNCILMEMBERS, MY NAME IS FERNANDO CAMPOS. I RESIDE ON HOKIE LANE AND I ALSO OWN A LOT THERE. I HAVE LIVED IN THIS NEIGHBORHOOD FOR OVER 40 YEARS. AT THE PRESENT TIME THE PLANNING COMMISSION IS RECOMMENDING WLO ZONING FOR MY PROPERTY, WHICH IS CURRENTLY GR. I WOULD LIKE TO REQUEST THAT I BE GIVEN CS ZONING FOR THE FOLLOWING REASONS: IT HAS BEEN AN ESTABLISHED BUSINESS TWICE IN THE PAST, ONCE BEING A RESTAURANT AND ANOTHER TIME A NEIGHBORHOOD, GROCERY STORE. THIS BOTH PROVED TO BE SUCCESSFULLY RUN BUSINESSES THAT NOT ONLY SERVED THE COMMUNITY, BUT ALSO SERVED TO MAKE THE COMMUNITY CLOSER. THESE TWO PRIOR BUSINESSES WERE ESTABLISHED AND APPROVED BY THE CITY OF AUSTIN ZONING DEPARTMENT IN WHICH SITE PLANS WERE REVIEWED TO INCLUDE TRAFFIC AND ENVIRONMENTAL IMPACT CONCERNS. SINCE LIVING IN THE NEIGHBORHOOD FOR OVER 40 YEARS, I HAVE SEEN MY NEIGHBORHOOD GO FROM A QUIET, RURAL COMMUNITY WHERE CATTLE ONCE GRAZED TO A BUSTLING LOCAL BUSINESS PARK WITH HOTELS, OFFICE BUILDINGS AND FREIGHT AND SHIPPING COMPANIES. I HAVE ALSO SEEN THE CLOSING OF BERGSTROM AIR FORCE BASE WHERE I SERVED FOR 20 YEARS AND THE OPENING OF AUSTIN-BERGSTROM INTERNATIONAL AIRPORT. IN LIGHT OF THESE COMMERCIAL DEVELOPMENTS, I FEEL TO GRANT CS ZONING WOULD NOT HAVE AN ADVERSE EFFECT ON OUR NEW BUSINESS ENVIRONMENT. IN THE BUSINESS, MY NEIGHBOR, WHO ALSO RESIDES AT 2507 HOKIE LANE, STRONGLY RECOMMENDS THE CS ZONING FOR MY PROPERTY AS WELL AS HIS. THANK YOU. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] WHEN THEY BUILT THE FIRST WAREHOUSE BUSINESS PARK THAT IS NOW LOCATED ALONG THE LANE ON THE OTHER SIDE, WE WOULD LIKE A REVIEW OF THE WATER RUNOFF FLOOD PREVENTION MEASURES THAT THE METRO CENTER FAILED TO INSTALL TO INCLUDE TO IMPROVED HOLDING PONDS OR SOME SORT OF STORM SEWAGE. THE TRAFFIC CONTROL IS FINE NOW, AND THERE ARE TWO CS -- NOT CS, BUT TWO BUSINESSES CURRENTLY ON HOKEY LANE. ANY FUTURE BUSINESS THAT WOULD BE -- ANY FUTURE BUSINESS THAT WOULD RESIDE AT 2505 HOKEY LANE WOULD INCLUDE THE COMMUNITY THAT'S ALREADY THERE. THANK YOU.

Mayor Garcia: THANK YOU, MS. CAMPOS. [INAUDIBLE] MR. RAMIN, FOLLOWING MR. RAMIN LOU MARKS, YOU ARE NEXT. THEN CRAIG ALTER.

SO MY NAME IS FAROK AHMIN. I WHOLEHEARTEDLY SUPPORT THE PLAN, BUT AS IN ALL MAJOR PLANS, IS -- THIS IS A BIG PLAN, THERE ARE SOME MINOR INCONSISTENCIES. MY INTEREST IS RELATING TO MOTION 1 H AS POINTED OUT BY [INAUDIBLE] AND IT'S -- IT'S A PIECE OF LAND THAT I OWN, IT'S ALMOST AN ACRE, .991. AND IF I MAY DRAW YOUR ATTENTION TO THIS. [INAUDIBLE - NO MIC]

Mayor Garcia: YOU CAN USE THAT MIC. THERE'S A MIC RIGHT THERE YOU CAN GET IT AND POINT THE MAP. ALONGSIDE THIS U.S. HIGHWAY 183, THIS ENTIRE AREA IS BEING DESIGNATED AT CS. I OWN THIS -- THIS LOT, WHICH IS -- WHICH IS THIS WHITE DOT HERE. AND THAT IS -- THAT IS, OF COURSE, AN EXISTING RESIDENTIAL BUILDING HERE, BUT THE REST OF THE PORTION IS ALL CS. SO -- SO IT LOOKS LIKE ALMOST AN OVERSIGHT TO HAVE THAT ONE RESIDENTIAL CLASSIFICATION, S.F. 2 IN THAT WHOLE AREA. I HAD ORIGINALLY PLANNED TO HAVE A COMMERCIAL BUILDING OR BUSINESS OVER THERE, OF THAT THE REASON TO BOY THAT PROPERTY. AND IT APPEARS IN THE MOTION THAT IT'S -- IT MAY BE RECTIFIED. AND I WOULD -- I WOULD REQUEST YOU ALL TO APPROVE THAT MOTION AND LET ME HAVE THAT CS CLASSIFICATION. ALSO, IT'S ACTUALLY FACING THE -- THE FENCE OF THE AIRPORT AND I DON'T THINK IT'S -- IT'S AT ALL SUITABLE FOR ANY RESIDENTIAL STRUCTURE OVER THERE. THANK YOU.

Mayor Garcia: MR. LOU MARKS. AND FOLLOWING MR. MARKS, MR. CRAIG ALTER.

GOOD EVENING, MAYOR AND COUNCILMEMBERS, AND FRIENDS OF SOUTHEAST AUSTIN, MY NAME IS LOU MARKS, I'M A RESIDENT OF SOUTHEAST AUSTIN AND HAVE BEEN PART OF THE CITY'S PLANNING PROCESS OVER THE PAST YEAR. TIME AND AGAIN IN THESE SESSIONS TRAILS AND BIKE LANES EMERGE AS PRIORITY ITEMS THAT RESIDENTS WANT MORE OF. TO GAUGE COMMUNITY SUPPORT ON THIS, WE WROTE A LETTER AND WENT DOOR TO DOOR. I'M HERE ON BEHALF OF SOME 214 HOUSEHOLDS, I HAVE THESE LETTERS HERE, THE PEOPLE THAT SIGN THESE LETTERS WE ALL SHARE THE SAME THOUGHTS. IT'S VERY SIMPLE. I'M ASKING YOU FIRST TO RECOGNIZE THE NOTICED FOR TRAILS AND BIKE LANES, PAST THE -- PASS THE PLAN AND BEYOND THAT TO ALLOCATE THE FUNDS NECESSARY TO IMPLEMENT THIS PLAN. YOU SEE THERE ARE OVER 7,000 HOUSEHOLDS IN THE AREA AND SOME 20,000 RESIDENTS. LADIES AND GENTLEMEN, THAT IS THE POPULATION OF BASTROP, KYLE, BUDA, MANOR, ROLLINGWOOD, AND WEST LAKE HILLS COMBINED. THE MAJORITY OF THE RESIDENTS LIVE IN TIGHTLY PACKED NEIGHBORHOODS. AND IN REGARDS TO BIKE LANES, THERE ARE NONE. WE WANT YOU TO KNOW IT'S IMPORTANT FOR US TO WALK OUTSIDE OF OUR HOUSE AND TO BIKE IN OUR OWN NEIGHBORHOODS. THE PLAN PROVIDES -- THIS PLAN PROVIDES FOR HIKING AND CYCLING AS ALTERNATIVE TRANSPORTATION RECREATION AND EXERCISE. OUR KIDS DESERVE A SAFE WALK TO SCHOOL. AND THIS WILL GIVE US CONNECTIVITY TO ADJOINING COMMUNITIES. WE APPLAUD THE CITY'S GREAT EFFORTS IN ACQUIRING PARKLAND, SOUTHEAST AUSTIN IS HOME TO SOME OF THE MOST BEAUTIFUL PARKLAND IN THE CITY. ALONG THE SHORES OF ONION CREEK. MANY PEOPLE DON'T KNOW THIS, BECAUSE THERE'S LITTLE ACCESS. BY HELPING US TO CONNECT TO THESE TREASURES, YOU WILL NOT ONLY ADD TO OUR PROPERTY VALUES, YOU WILL ADD VALUE TO OUR LIVES. IN REGARD TO TRAILS THE PLAN SUBMITTED TO YOU IS BUILT ON THE LEGACY EFFORTS OF TONY PLATINO AND THE SOUTH AUSTIN GREEN ALLIANCE AND WE SHARE THE VISION OF DESTINATION PARKS. IT'S BECAUSE OF THESE PREVIOUS EFFORTS WE FEEL THAT HE HAVE EARNED IMMEDIATE ACTION ON THIS PLAN AND OTHER ENDORSEMENTS COME FROM TED SIFF OF AUSTIN PARKS FOUNDATION, JEB BOYT OF AUSTIN METRO TRAILS AND GREEN WAYS, BUTCH SMITH AND PARKS AND RECREATION HAS PREPARED BUDGET ESTIMATES FOR YOU AND PARK SMITH IS STANDING BY WITH -- WITH AMERICAN YOUTH WORKS TO HELP IN THE CONSTRUCTION EFFORTS. ALSO, VIRTUALLY THE ENTIRE HEART AND SOUL OF THE AUSTIN HIKING AND CYCLING COMMUNITY HAVE VOICED OVERWHELMING SUPPORT TO CONNECT TO THIS PART OF THE CITY. [BUZZER SOUNDING] LAST BUT NOT LEAST AS YOU KNOW THE PLANNING COMMISSION ENDORSED THIS PLAN. LADIES AND GENTLEMEN, ALL OF THESE FOLKS BACK TRAILS AND BIKE LANES FOR SOUTHEAST AUSTIN. HOW ABOUT YOU? THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, MR. MARKS. CRAIG ALTER AND FOLLOWING MR. ALTER IS PARK SMITH, IS PARK HERE? YOU ARE NEXT. AND THEN MS. BECK [INAUDIBLE] AND EMILY SLOAN.

MAYOR AND COUNCILMEMBERS, THANK YOU, I'M CRAIG ALTER VICE-PRESIDENT WITH SOUTHWEST HOUSING DEVELOPMENT. WE ARE REQUESTING THAT YOU POSTPONE THE -- THE CONSIDERATION OF ZONING THE PROPERTY THAT'S OUTLINED ON THE TWO EXHIBITS THAT I BROUGHT WHICH ARE -- WHICH ARE COMMONLY KNOWN AS THE SITE FOR THE PROPOSED PLEASANT VALLEY COURT YARDS HOUSING PROJECTS. THIS IS A DEVELOPMENT THAT HAS ITS FUNDING IN PLACE THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. IT'S THE ONLY 9% TAX CREDIT ALLOCATION THAT WAS MADE TO THE CITY OF AUSTIN IN THE 2002 ROUND. IT WAS SELECTED BY THE TDHCA BECAUSE OF ITS HIGH, ACTUALLY HIGHEST SCORING WITHIN THE AUSTIN AREA. THE DEVELOPMENT HAS A DEMONSTRATED NEED IN THE PROPOSED AREA IN LIGHT OF THE 30,000 HOUSEHOLDS IN THIS PART OF THE MARKET THAT MEET ITS ELIGIBILITY REQUIREMENTS IN TERMS OF INCOME REQUIREMENTS, CURRENTLY THERE'S AN UNMET NEED OF APPROXIMATELY 3500 RENTAL HOUSING UNITS THAT ARE NEEDED IN THE SOUTHEAST AREA. WE FIND OURSELVES IN A REAL PECULIAR TIMING SITUATION, HOWEVER. THE TDHCA DID AWARD THE TAX CREDITS AT THE END OF JULY, WELL AFTER THE NEIGHBORHOOD PLANNING PROCESS WAS UNDERWAY. HOWEVER, UPON THE RECEIPT OF THOSE CREDITS YOU BEGAN OUR ENGRAINMENT WITH THE NEIGHBORHOOD GROUPS AND HAVE ENDEAVORED TO MEET WITH THEM AS MUCH AS POSSIBLE AND CONTINUE TO HAVE THAT DESIRE TO WORK WITH THEM IN THE NEAR FUTURE. WE HAVE GOT AS AMELIA LOPEZ PHELPS SUGGESTED WE HAVE A MEETING TO SET UP A DISCUSSION WITH THEM. WE DESIRED TO WORK THROUGH THE ISSUES OF ENVIRONMENTAL QUALITY AND ENVIRONMENTAL PRESERVATION, SENSITIVITY TO THE TRACT, WE ARE DOING ANALYSIS RIGHT NOW IN TERMS OF ENGINEERING LOOKING AT THE FLOOD PLAINS, LOOKING AT THE -- ANY CRITICAL ENVIRONMENTAL FEATURES, LOOKING AT JUST HOW TO BEST PLAN THIS SITE AND THAT WILL TAKE A LITTLE BIT OF TIME AND A LITTLE BIT OF WORKING WITH THE NEIGHBORHOOD GROUPS. IT WOULD BE UNFORTUNATE, I BELIEVE, FOR YOU TO -- TO SOLIDIFY THE ZONING ON THIS PROPERTY TONIGHT WITHOUT THE OPPORTUNITY TO WORK THROUGH THE MONTH OF OCTOBER WITH THESE -- WITH THESE GROUPS AND WHAT WE WOULD LIKE TO DO IS CONTINUE THE DIALOGUE, COME BACK AND REPORT TO YOU ON THAT DIALOGUE AND -- AND KEEP MOVING FORWARD. WITH THE GOAL OF HAVING THIS WRAPPED UP BY THE END OF OCTOBER. WE FACE A REAL DEADLINE WITH THE TEXAS DEPARTMENT OF HOUSING IN THAT WE MUST -- ACTUALLY REQUEST AN EXTENSION ON OCTOBER THE 5th TO MOVE FORWARD WITH THE DEVELOPMENT AND THEY WILL GRANT ONE 30-DAY EXTENSION. THAT ONE 30-DAY EXTENSION WILL COME WITH A PEP NATIONALITY TO US, HOWEVER, WE KNOW THAT IT IS IMPORTANT TO CONTINUE THIS PROCESS AND TO UTILIZE THE OPPORTUNITIES THAT ARE BEFORE US TO WORK WITH THE NEIGHBORHOOD GROUPS. SO I THANK YOU FOR YOUR CONSIDERATION.

MR. PARK SMITH? FOLLOWING MR. SMITH IS PEG HOWISON.

[INAUDIBLE]

Mayor Garcia: ARE YOU NOT WISHING TO SPEAK, BUT YOU ARE IN FAVOR AND THE SAME THING WITH MS. SLOAN. THANK YOU.

HELLO. MY NAME IS PARK SMITH. I WORK WITH AMERICAN YOUTH WORKS, ENVIRONMENTAL CORPS, AMERICORPS PROGRAMS. WE HAVE WORKED IN SOUTHEAST AUSTIN AND BUILT TRAILS DOWN THERE WITH THE -- WITH THE WILLIAMSON CREEK INTERPRETIVE SCIENCE TRAIL, THE PROJECT THAT WE DID WITH THE CITY OF AUSTIN AND TEXAS PARKS AND WILDLIFE SUPPORT THAT WE BROUGHT IN, ALONG WITH THE SUPPORT OF THE SOUTH AUSTIN GREENWAY ALLIANCE. WE WOULD LIKE TO OFFER OUR SUPPORT TONIGHT TO THE NEIGHBORHOOD -- TO THE NEIGHBORHOOD PLAN THAT -- THAT SUPPORTS THE TRAILS AND THE PARKS AND GREENWAYS AND THE DESTINATION PARKS. YOU DIES HAVE DONE GREAT EFFORTS -- YOU GUYS HAVE DONE GREAT EFFORTS IN RESTORING, SALVAGING THOSE PROPERTIES, SAVING THEM FOR FUTURE USE. YOU HAVE LEFT A LEGACY. WE WOULD LIKE TO -- TO OFFER OUR SUPPORT TO THE SOUTH AUSTIN GREENWAY ALLIANCE, THE GROUP SAGA THAT HAS BEEN IMPLEMENT TALL -- IMPLEMENTAL IN GETTING SOME TRAILS BUILT IN THAT AREA. ANYTHING THAT WE CAN DO TO HELP YOU GUYS OUT AND HELPING THOSE GUYS DEVELOP THOSE TRAILS WE WOULD LIKE TO OFFER OUR SUPPORT TOWARDS.

Mayor Garcia: THANK YOU, MR. SMITH. COUNCIL, THOSE ARE ALL OF THE SPEAKERS THAT WE HAVE ON THIS ITEM, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

MOVED BY COUNCILMEMBER, SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, INDICATE BY SAYING AYE.

AYE.

OPPOSED NO, MOTION CARRIES, MR. GUERNSEY.

MAYOR AND COUNCIL, I WOULD LIKE TO BEG YOUR I YOUR INDULGENCE AND ASK THAT YOU CONSIDER ITEM 31 AT THIS TIME AND TABLE ITEMS Z 14 AND Z 15 BECAUSE YOUR ACTION ON ITEM NO. 31, WHICH IS THE THIRD READING CASE ON TEARY ROAD, WHICH IS IN THIS SAME PLANNING AREA, MAY AFFECT YOUR DECISION ON ITEM NO. Z 14 AND Z-15.

Mayor Garcia: I WILL ENTERTAIN A MOTION TO TABLE ITEMS Z-14 AND 15 WHILE WE PICK UP ITEM 31.

> SO MOVED.

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

AYE.

OPPOSED, NO. GOES ITEMS Z 14 AND 15 ARE TABLED, WE WILL PULL UP ITEM NO. 31.

ITEM NO. 31 IS CASE C14-02-28 A THIRD READING REQUEST FOR REZONING OF PROPERTY AT 4604 AND 46 -- TO 4610 TERRI ROAD. THIS IS A REZONING REQUEST FROM L.O. TO L.R.-C.O. COUNCIL HAS APPROVED SECOND READING ON THIS AND I THINK THERE WAS ADDITIONAL TIME THAT COUNCIL WANTED TO CONSIDER ON THIS PARTICULAR CASE IN THE -- IN THE PROPOSED NEIGHBORHOOD PLAN THAT WILL BE -- THAT WILL BE COMING UP SHORTLY. IT'S IDENTIFIED AS A COMMERCIAL TRACT THAT WOULD BE FOR G.R. OR FOR -- FOR FOR RETAIL TYPE OF ZONING, L.R., G.R., SIMILAR TYPE OF ZONING. THAT'S WHY STAFF HAS ASKED TO BRING THIS UP NOW. ALSO TO ENSURE THAT WHATEVER ACT IS TAKEN BY THE COUNCIL THAT WHEN THEY GET TO THE FINAL READING OF THE NEIGHBORHOOD PLANNING ORDINANCE FOR THIS AREA, THAT THE MP IS APPLIED TO THE ENTIRE NEIGHBORHOOD PLAN. IF ITS COUNCIL'S EXPIRE. IF YOU HAVE ANY QUESTIONS, I WILL BE HAPPY TO ANSWER THEM AT THIS TIME. THE APPLICANT IS HERE AND ALSO THE NEIGHBORHOOD REPRESENTATIVES ARE HERE IF YOU HAVE QUESTIONS OF THEM.

ONE QUESTION. GREG, IS -- THERE WAS A -- THERE WAS A MEMORANDUM THAT CAME OUT OF THE HEALTH DEPARTMENT THAT TALKED ABOUT THE FACT THAT -- THAT IN SOME OF THE STORES THAT THEY HAVE LITTER ABATEMENT PROGRAMS. IS THAT SOMETHING THAT CAN BE INCORPORATED INTO -- INTO ANYTHING THAT WE DO HERE?

I DON'T THINK IT COULD BE INCORPORATED INTO A DISOAPG ZONING ORDINANCE. WE COULD CERTAINLY ASK THE PROPERTY OWNER IF THEY WANT TO ENTER INTO SOME SORT OF A COVENANT ABOUT MAINTAINING THEIR PROPERTY, BUT NO THAT'S NOT NORMALLY PART OF OUR ZONING PROCESS.

THAT WOULD BE MORE LIKE A RESTRICTIVE COVENANT.

THAT WOULD BE MORE LIKE A RESTRICTIVE COVENANT. I THINK THEY WOULD BE WORKING WITH THE HEALTH DEPARTMENT, WHAT I REMEMBER READING FROM SOME OF THE INFORMATION THAT YOU HAD ON THE DAIS, THEY HAD TO AGREE AND CLEAN UP BASICALLY THE TRASH THAT HAD BLOWN OUT OF THE DUMPSTERS AND ENDED UP HAVING A LOCKED DUMPSTER I THINK IN THAT PARTICULAR CASE THAT CURED THAT PROBLEM.

Mayor Garcia: THE MEMORANDUM MAKES REFERENCE TO THE FACT THAT BIG STORES, YOU KNOW, ARE ALSO -- HAVE QUITE A BIT OF LITTER, BUT I GUESS THEY HAVE LITTER PROPERLIES THAT GO OUT INTO THE -- PATROLS THAT GO OUT IN THE PARKING LOTS AND AREAS AND CLEAN UP THE AREA. IT'S NOT UNCOMMON FOR GROCERY STORES TO HAVE THIS KIND OF A PROBLEM. ANYWAY, WE HAVE SEVERAL SPEAKERS. LET ME ASK THE COUNCIL IF THEY HAVE QUESTIONS OF STAFF BEFORE WE GO TO THE SPEAKERS. LET ME SAY THAT USUALLY WE DO NOT TAKE SPEAKERS ON THIRD READING. BUT BEING THAT YOU ARE HERE AND YOU WAITED SO LONG, WE ARE GOING TO GO AHEAD AND EXTEND OUR COURTESIES TO YOU. ANN SANDERS FIRST, EMMA ANA SECOND, JANICE WELSH THIRD. WELCOME.

I DO WANT TO THANK ALL OF YOU FOR LETTING US SPEAK TONIGHT. I HANDED YOU GUYS SOME PICTURES THAT I TOOK. THOSE PICTURES ARE OF OTHER STORES THAT ARE WITHIN A ONE-MILE RADIUS OF ONE ANOTHER. THERE ARE -- FIVE THAT I'VE TAKEN PICTURES OF. PICTURE NUMBER 1 IS A DIAMOND SHAMROCK A AT STASSNEY AND SOUTH PLEASANT VALLEY. AND PICTURES 2 THROUGH 5 ARE -- ARE THE -- THE LAMAR QUINTA DIRECTLY ACROSS THE STREET FROM THE DIAMOND SHAMROCK. THE LA MARKITA, ON SOUTH POLICE SABTS VALLEY AND STASSNEY. PICTURE 13 IS OF THE DIAMOND SHAMROCK AGAIN. PICTURE 15 AND 16 IS THE CHEVRON FOOD BARN WHICH IS AT STASSNEY AND NUCHOLS CROSSING AND 17 AND 18 IS THE SPEEDY STOP. WHICH USED TO BE THE EVERYDAY STORE, WHICH IS AT 4600 TERRI ROAD. PICTURE 19 IS THE EDGE OF THE PARKING LOT OF THE SPEEDY STOP. THE VACANT PROPERTY RIGHT NEXT TO IT ON THE EDGE IS WHERE THE PROPOSED LA HACIENDA IS GOING TO BE. THAT'S ALL WITHIN A ONE-MILE RADIUS. IF WE WANT TO GO WITHIN A TWO-MILE RADIUS, YOU HAVE THE SAM'S, WAL-MART, TEXACO, TIGER MART. ALSO A C-MART, CATER-CORNERED FROM THAT AT WILLIAM CANNON IS ANOTHER STORE. I JUST FEEL IN THIS NEIGHBORHOOD THAT WE ARE BOMBARDED WITH THESE. WHEN WE WORKED ON THE NEIGHBORHOOD PLAN, ONE OF THE -- ONE OF THE ITEMS OR ONE OF THE GOALS THAT WE SET IN THIS NEIGHBORHOOD PLAN WAS TO BRING IN MORE BUSINESS. WE NEED GROCERY STORES. BUT THIS IS NOT WHAT WE -- WHAT WE WERE TALKING ABOUT. WHAT WE WERE REFERRING TO WERE STORES SUCH AS ANOTHER ALBERTSON'S, AN H.E.B., A RANDALL'S, A STORE OF THAT NATURE. NOT SOMETHING LIKE THE LA HACIENDA. WHEN I WENT AND VISITED THE LA WHAT'S ENDID AND I TOOK THE FIRST PICTURES THAT I E-MAILED TO ALL OF THE COUNCILMEMBERS, I WAS VERY SHOCKED AT WHAT I SAW. BECAUSE THE STORE WAS VERY DIRTY. IT TOOK ME A LONG TIME TO EVEN TRY TO GET OUT OF THE STORE BECAUSE THERE WERE SO MANY PEOPLE IN THAT STORE. AND I -- I THOUGHT TO MYSELF, WHAT WOULD HAPPEN IF A FIRE WERE TO HAVE BROKEN OUT IN THAT STORE BECAUSE PEOPLE WOULD HAVE BEEN TRAMPLED TRYING TO GET OUT OF THERE. SO IT'S JUST A REAL CONCERN. THE OTHER THING IS ON THAT CORNER AT TERRI AND PLEASANT VALLEY, THAT'S A REAL BAD CORNER AS FAR AS TRAFFIC GOES. JUST WITH THE EVERYDAY STORE THERE, WITH THE AMOUNT OF PARKING THAT THEY HAVE, IT'S REAL HARD AND IT'S RIGHT -- RIGHT IN THE SCHOOL ZONE. [BUZZER SOUNDING]

AND THE LA HACIENDA IS GOING TO HAVE A PARKING LOT THAT WILL ACCOMMODATE AN ADDITIONAL 50 VEHICLES. THAT'S A LOT. SO I'M HOPING THAT YOU WILL NOT GRANT THE REZONING ON THIS PROPERTY. THANK YOU.

Mayor Garcia: THANK YOU, MS. SANDERS. MS. HANNAH.

GOOD EVENING. I'M BACK AGAIN. I'VE COME BEFORE YOU ON TWO PREVIOUS OCCASIONS REGARDING THIS PROPOSED REZONING. AND I HAVE PRESENTED YOU WITH PRINTED FACTS AS THEY PERTAIN TO THE HEALTH OF THE CITIZENS OF OUR COMMUNITY. MY PRIMARY FOCUS TONIGHT IS THAT VERY ISSUE. I KNOW A LOT OF TIMES THINGS SEEM EXAGGERATED, BUT I HAVE BEEN A HEALTH CARE PROFESSIONAL FOR 34 YEARS. AND I KNOW THAT FOOD BORN PATHOGENS ARE REAL. THEY CAN CAUSE FROM SIMPLE DIARRHEA AND CRAMPING TO DEATH IN SOME CASES. IT SHOULD BE CONSIDERED AS SERIOUS AS THE WEST NAIL VIRUS. WHICH CAN BE JUST ILLNESS TO DEATH. IT'S SERIOUS. IT'S REAL. AND IT NEEDS TO BE CONSIDERED. IF A STORE IS NOT WILLING TO OR IS NOT ABLE TO ADHERE THE STANDARDS SET FORTH BY THE HEALTH DEPARTMENT, THEN I CERTAINLY WOULD NOT WANT YOU TO MAKE A DECISION ON THAT STORE BEING IN MY NEIGHBORHOOD WHERE PEOPLE I LIVE WITH WOULD HAVE TO PURCHASE FOOD FROM. IT'S IMPORTANT ENOUGH TO ME TO GET UP HERE TO TRY TO EXPLAIN TO YOU WHAT I'M SAYING WHEN I TALK ABOUT AN UNCLEAN PLACE THAT PEOPLE PURCHASE FOOD THAT THEY ARE GOING TO CONSUME. CERTAINLY THEY ARE GOING TO CLEAN UP. WE HAVE GIVEN THEM A HEADS UP, WE HAVE GIVEN THEM A LOT OF TIME. YES, THEY ARE GOING TO PASS THOSE INSPECTIONS. I WAS UNDER THE IMPRESSION WHEN THE MAYOR ASKED THE HEALTH DEPARTMENT TO COME BACK WITH INFORMATION AFTER AN INSPECTION, THEY CAME BACK IN MY OPINION WITH INADEQUATE INFORMATION. I WENT ONLINE AND FOUND VOLUMES OF INFORMATION. FROM THE YEAR 2000 TO THE YEAR 2002, AT THAT TIME, AT LAST COUNCIL, I FOUND TWO ONLY TWO INSPECTIONS THAT WERE PASSED. BY LA HACIENDA. NOW CERTAINLY IF YOU -- IF THEY INSPECT YOU, YOU CLEAN IT UP, THEY COME BACK, IT'S GOING TO LOOK BETTER. THAT'S JUST COMMON SENSE. BUT MY POINT IS WHY ARE THEY STILL IN BUSINESS? I'M NOT EVEN GOING TO TALK ABOUT THEM GETTING THE REZONING TO BUILD A STORE IN MY NEIGHBORHOOD. I'M TALKING ABOUT WHY ARE THEY STILL IN BUSINESS? THIS IS A PUBLIC HEALTH RISK. I WOULD LIKE TO TAKE THIS OPPORTUNITY TO GO ON RECORD SAYING I'M NOT WILLING TO HAVE THAT IN MY NEIGHBORHOOD. I'M JUST NOT WILLING TO SUBJECT MYSELF OR ANY OF MY NEIGHBORS TO THAT. AND, YES, PEOPLE THAT THEY SURVEYED, HOW DO I KNOW WHAT THEY SAID TO THAT? TO THEM? I CAN GO ON WHAT SOME NEIGHBORS HAVE TOLD ME, WHICH WAS NOT ENTIRELY TRUE. THEY HAVE PORTRAYED ME AS THE PERSON WHO SENT THEM TO THE NEIGHBORS. THEN WHEN ONE NEIGHBOR WHO KNEW ME WELL ASKED WHO I WAS, THEY SAID A SHORT SPANISH LADY, THE PRESIDENT OF YOUR NEIGHBORHOOD ASSOCIATION. [BUZZER SOUNDING] AGAIN, I HAVE TO REITERATE THE IMPORTANCE OF THE HEALTH ISSUE. I THINK IT NEEDS TO BE ADDRESSED. THANK YOU.

Mayor Garcia: THANK YOU. JANICE WALSH. MS. WALSH, WELCOME.

THANK YOU, MAYOR, AGAIN I LIVE IN FRANKLIN PARK ON THE CORNER OF TERI ROAD AND SOUTH PLEASANT VALLEY WHICH DEAD ENDS DOWN INTO OUR NEIGHBORHOOD, THEY WANT TO PUT THIS MARKET. I HAVE LIVED BEHIND MARKETS BEFORE. HOUSTON. AND THE FOOD THAT IS A HEALTH RISK AND ROTTEN AND THEY DISPOSE OF IT INTO THEIR DUMPSTERS. WELL, THE WIND BLOWS TWO WAYS IN AUSTIN. NORTH AND SOUTH. AND WE WILL BE SOUTH OF THE LA HACIENDA. WHICH MEANS THAT A MAJORITY OF THE YEAR, NINE MONTHS OUT OF THE YEAR, THE WIND IS GOING TO BE BLOWING SOUTH AND THE STENCH FROM THEIR GARBAGE CANS AND THEIR STORE, WHICH IS -- DOESN'T MEET HEALTH INSPECTIONS ANYWAY, IS GOING TO BE BLOWING RIGHT INTO OUR NEIGHBORHOOD. THAT WE HAVE TO SMELL. EVERY DAY FOR THE REST OF OUR LIVES. IF THIS MARKET IS BUILT ON THAT CORNER. ALSO, ON THAT CORNER, I HAVE BEEN HIT TWICE. ONCE ON MY MOTORCYCLE, IN A HIT AND RUN ACCIDENT BECAUSE OF THE INCREASING TRAFFIC IN THAT NEIGHBORHOOD; AND SOMETIMES THE STOP SIGNS ARE VISIBLE, SOMETIMES THEY ARE NOT. THERE IS A VACANT LOT THAT IS HARDLY EVER MOWED AND IS ALWAYS FULL OF TRASH WHERE OUR FRANKLIN PARK SIGN STANDS. THAT'S MOWED BY COMMUNITY SERVICE PEOPLE. AND NOT PICKED UP BY THE CITY. I ALSO HAD A CAR ACCIDENT, SOMEONE RAN THAT STOP SIGN AND WITH NO INSURANCE, SO TWICE I HAVE LOST ON THAT CORNER AND TO BRING MORE TRAFFIC, AN UNHEALTHY MARKET THAT IS NOT NEEDED WHEN WE HAVE 8 STORES AROUND US, AND THAT'S NOT TO MENTION THE RANDALL'S RIGHT DOWN THE ROAD AND THAT -- OWE OFF OF STASSNEY AND 35 THAT JUST GOT BUILT AND THE LARGE H.E.B. THAT MOST OF OUR NEIGHBORHOOD SHOPS AT ON WILLIAM CANNON AND I-35. WHAT -- WHAT CAN I SAY? WE DO NOT NEED THIS MARKET IN OUR NEIGHBORHOOD. IT'S JUST NOT NEEDED. AND IT IS A HEALTH RISK. AND IT IS A SMELLY RISK AND I DON'T WANT TO HAVE IT TO SMELL IT. AND I'M SURE YOU WOULDN'T WANT TO EITHER. SO -- PLEASE, PLEASE, DO NOT ALLOW THIS MARKET IN OUR NEIGHBORHOOD. THANK YOU FOR YOUR TIME.

Mayor Garcia: JIM WHITLIFF.

GOOD EVENING MAYOR AND COUNCIL, MY NAME IS JIM WHITLIFF, I'M SHEER ON BE-- I'M SHEER ON BEHALF OF THE APPLICANT, MORELLIA GROUP, MR. OKAY OCTAVIO ROSALES WHO WANTS TO CONSTRUCT THIS MARKET ON THE PROPERTY. OVER THE PAST SEVERAL MONTHS ONE GOOD THING THAT'S COME OUT OF THIS I HAVE COME TO KNOW MS. HANNAH AND MS. SANDERS PRETTY WELL. I HAVE A RESPECT FOR THEM, I HAVE AN EMPATHY FOR THEM. I -- I BELIEVED WHEN I FIRST TOOK THIS JOB, I'M NOT GOING TO REHASH EVERYTHING THAT I SAID THE LAST TIMES I APPEARED BEFORE YOU, BUT I THINK IT IS IMPORTANT TO SAY THAT THIS GUY COMES TO ME AND TELLS ME THAT HE WANTS TO REZONE SOME PROPERTY, I WENT AND LOOKED AT HIS EXISTING BUSINESS. MAYBE I GOT THERE ON A GOOD DAY. BUT IN MY OPINION I SAW A BUSINESS THAT WAS TRYING HARD TO PROVIDE A COMMUNITY NEED, I DON'T SEE JUST STINKING ROTTING FOOD, I -- I SAW AN ENVIRONMENT THAT -- I MEAN THE FOLKS SAID, MS. SANDERS SAID THE STORE WAS PACKED WITH PEOPLE. I THINK, PEOPLE, YOU KNOW, PEOPLE VOTE WITH THEIR WALLETS. YOU KNOW, WE HAVE TALKED BEFORE ABOUT THE FACT THAT LA HACIENDA DOES TRY TO BE COMMUNITY-MINDED. MR. ROSALES CAN'T BE HERE TODAY. HE HAD TO BE IN MEXICO FOR A -- A FAMILY WEDDING. AND I'M SORRY THAT HE'S NOT ABLE TO BE HERE TONIGHT. BUT -- BUT I THINK I CAN SPEAK ON HIS BEHALF AND SAY HE WOULD BE INTERESTED IN AN ANTI-LITTER CAMPAIGN, HE WOULD BE INTERESTED IN FORMALIZING THAT AGREEMENT WITH THE NEIGHBORHOOD. THE FOOD THAT HE -- WELL, LET ME SAY THIS. ONE GOOD THING THAT'S COME OUT OF THIS IS -- IS I THINK THAT HE AS A SMALL BUSINESS PERSON HAS -- HAS UNDERSTOOD HIS NEED TO REFOCUS ON A HIGHER LEVEL OF -- OF SANITATION. I KNOW HE JUST COMPLETED A FOOD MANAGER'S TEST, ALONG WITH TWO OF HIS EMPLOYEES AS THE HEALTH DEPARTMENT ASKED HIM TO. THEY ARE AWAITING THEIR RESULTS, THEY THINK THEY SCORED WELL ON IT. BUT THE TEST RESULTS APPARENTLY ARE MAILED OUT, THEY DON'T KNOW THE RESULTS YET. I DON'T KNOW IF THE HEALTH DEPARTMENT DOES OR NOT. THEY HAVE HIRED PROFESSIONAL CLEANERS BEFORE THEY HAD THEIR STORE EMPLOYEES YOU KNOW PUSHING MOPS AFTER HOURS. I TOLD THEM IN MY OPINION QUIT PACKING YOUR BINS OF VEGETABLES, YOU KNOW, SO THAT EVERY TIME SOMEBODY PULLS SOMETHING OUT, MORE FALL ON THE FLOOR. MAYBE IT LOOKS APPEALING, BUT IT'S NOT MANAGEABLE. THEY -- YOU KNOW, YOU HAVE SEEN PICTURES OF THEIR STORES. I THINK THERE'S MORE TO IT THAN JUST STINKING, ROTTING, UNSAFE, UNHEALTHY ENVIRONMENT [BUZZER SOUNDING] I WOULD ASK YOU TO CONSIDER THE COMMUNITY THAT THEY ARE GOING TO SERVE, 74% OF WHICH IS HISPANIC, I KNOW THAT'S THEIR AIM AND THEY DO PROVIDE A GOOD PRODUCT. I THINK THEY ARE GOING TO TRY HARDER TO PASS THEIR HEALTH DEPARTMENTS WITH HIGHER SCORES. THEY HAVE PASSED THEM. NOW, THEY MAY HAVE HAD TO BE RECALLED ON SEVERAL OCCASIONS, BUT THEY HAVE PASSED THEM ALL. I AGREE A 71 IS NOT A SCORE THAT YOU WANT TO WAIVE THE -- WAVE THE FLAG OVER, I THINK THEY NEED TO DO BETTER. I WILL AGREE WITH YOU ON THAT. I WOULD HOPE THAT A BUSINESS THAT'S TRYING HARD TO -- TO PROVIDE A COMMUNITY NEED AND A GOOD HONEST PRODUCT WOULD GET CONSIDERATION, THANK YOU.

THANK YOU MR. WHITLIFF. LEWIS O CELESTIAL IS REGISTERED NOT WISHING TO SPEAK AND IS ALSO REGISTERED AGAINST. ARE THERE ANY QUESTIONS FOR STAFF? I GUESS ONE QUESTION WOULD BE TO MR. WHITLIFF OR MAYBE -- YEAH, ARE YOU ALL WILLING TO ENTER INTO A RESTRICTIVE COVENANT ARRANGEMENT WITH -- WITH THE NEIGHBORHOOD OR WITH THE CITY?

YES, SIR.

THE CLEANUP --

AN ANTI-LITTER COVENANT, ABSOLUTELY. IF I HAVE TO DO IT MYSELF, I WILL AGREE TO THAT.

Mayor Garcia: WELL, WE WON'T HOLD YOU TO THAT ONE. BUT -- ANYWAY. FURTHER QUESTIONS FOR THE STAFF OR FOR -- MAYOR PRO TEM?

Goodman: OKAY. I HAVE SEVERAL. IN THE INFORMATION THAT WE IN THE BACKUP, I COULDN'T FIND THE CASE HISTORY SECTION. DO YOU HAVE THAT HANDY? WHAT I WAS TRYING TO REMEMBER WAS WHEN THIS WAS ZONED L.O. OH, HERE IT IS. OKAY. AND I THINK GREG MIGHT REMEMBER THIS. REMEMBER BEFORE SCAN, WHEN THE FIRST NEIGHBORHOOD ASSOCIATION UMBRELLA GROUP FORMED OUT THERE, AND I CAN'T REMEMBER WHAT ITS NAME WAS, BUT IT SEEMED LIKE IT WAS SOUTHEAST, IT WAS ALMOST LIKE SCAN, BUT IT HAD DIFFERENT LETTERS FOR DIFFERENT -- SOUTHEAST CORNER, AND THERE WERE A LOT OF APARTMENTS OPPOSED I MEAN PROPOSED AND OPPOSED AT THAT -- BOTH OF THOSE WORK AT THAT TIME, AND THERE WAS AN EFFORT TO -- TO KIND OF STOP THE PROLIFERATION OF ASSUMPTIONS OF RETAIL ON EVERY CORNER AND TO INTRODUCE OFFICE ZONING AND I ACTUALLY THOUGHT THAT BESIDES THIS ONE, THERE WAS ALSO SOME KIND OF N.O. OR NOT G.O., SO MAYBE IT WAS MORE L.O. SOMEWHERE AROUND -- AND THE OTHER THING THAT KIND OF LEADS INTO THIS IS ON THE NEIGHBORHOOD PLAN ITSELF, I WAS LOOKING FOR SOMEWHERE WHERE THERE WAS A ZONING MAP, YOU KNOW, A REGULAR ZONING MAP LIKE YOU GET ON A ZONING CASE OF THE WHOLE NEIGHBORHOOD PLANNING AREA AND OF COURSE WE DON'T HAVE THAT. SO I'M NOT -- I'M NOT GETTING A FEEL FOR IF ANY OTHER L.O. WAS INTRODUCED OR IS THIS IT?

I'M NOT AWARE I GUESS -- WHEN THE PROPERTY WAS ORIGINALLY ZONED. I KNOW THAT -- THAT WE HAVEN'T -- WE HAVE INFREQUENT ZONINGS I THINK IN THIS GENERAL AREA FOR RETAIL. I THINK MOST OF THE ZONINGS THAT WE'VE HAD HAVE BEEN MULTI-FAMILY OR SOME INDUSTRIAL TYPE USES THAT OCCUR MORE TOWARDS THE NORTH END OF THIS NEIGHBORHOOD. THE ONLY TRACT THAT I'M FAIRLY FAMILIAR WITH IS THAT THERE'S A RECREATION CENTER THAT'S A LITTLE BIT FURTHER TO THE SOUTH ON SOUTH PLEASANT VALLEY.

Goodman: RIGHT WITH THE G.O. WELL, THERE'S A WHOLE LOT OF L.R., THOUGH, EVEN A FAIR SENATORING OF G.R. -- SMATTERING OF G.R. IF YOU KIND OF EXTEND THE RADIUS A LITTLE BIT, BUT THIS IS THE ONLY L.O. I SEE ON THIS WHOLE ZONING PAGE, I'M TRYING TO GET A FEEL FOR IF THERE IS ANY OTHER. THE REASON THAT I ASK THAT HAS NOTHING TO DO WITH GROCERY STORES OR PEOPLE WHO RUN THEM. BUT IT HAS TO DO WITH WHAT WAS THEN AN EFFORT TO HAVE DIVERSITY OF USE INSTEAD OF THE TYPICAL CONVENIENCE STORE, WHICH WAS NOT JUST IN THIS AREA, IT WAS THE WHOLE PUSH SOUTH. THE PROPOSALS WERE USUALLY FOR EITHER SOME KIND OF STRIP SHOPPING, CONVENIENCE STORE, APARTMENTS. THAT'S PRETTY MUCH ALL THAT WE WOULD GET OUT THERE. SO THE FACT THAT THERE IS ONE L.O. PIECE HERE, ESPECIALLY IF THERE ISN'T ANY OTHER, WOULD REALLY BRING IT HOME FOR ME. ABOUT WHETHER WE WERE NOW DOING AWAY WITH THE ONE POSSIBILITY FOR A WORKPLACE AS OPPOSED TO A RETAIL.

MAYOR PRO TEM, I DON'T REALLY SEE IN A GENERAL AREA ANY L.R. IN CLOSE PROXIMITY TO THIS TRACT EXCEPT FOR PROVIDING BUFFER FOR SOME OF THE INDUSTRIAL TRACTS THAT ARE FURTHER TO THE NORTH AND NORTHWEST. IN THIS PARTICULAR AREA. THE L.O. ZONING THAT YOU DO SEE, PROBABLY IT WOULD BE DIFFICULT TO PROBABLY GET AN APARTMENT OF ANY SIZE ON THIS TRACT SINCE THIS IS JUST A LITTLE OVER AN ACRE. MOST APARTMENTS WE HAVE BEEN SEEING ARE -- ARE LARGER TRACT OF LAND THAT HAVE -- THAT HAVE TWO TO 300 UNITS MINIMUM.

Goodman: OH, YEAH, I WASN'T SAYING THAT. BUT I WAS LUMPING IT IN WITH L.R. AND APARTMENTS, THAT WAS VIRTUALLY ALL THAT WAS PROPOSED. AND G.R., WHEREVER THERE WAS SOMETHING MORE OF AN INTERSECTION TO JUSTIFY. ANYWAY, THAT WAS THE REASON THAT I VOTED NO LAST TIME, BECAUSE THINGS STARTED COMING BACK TO ME AND I STARTED REMEMBERING THAT A LOT OF US OUT THERE, THE NEIGHBORHOODS AT ONE TIME, YOU PROBABLY -- YOU MAY REMEMBER THIS, THE SOUTH AUSTIN IN-FILL STUDY WAS SORT OF LIKE THE BEGINNING OF ACTUALLY GAUGING WHETHER WE WERE BEING OVERDEVELOPED SOUTH OF BEN WHITE IN -- IN ONE PARTICULAR USE. AND IT WAS -- IT ACTUALLY CAME DOWN TO THERE WERE A FEW USES, RETAIL, AND MULTI-FAMILY. AND THAT WAS PRETTY MUCH IT. SO THAT THE EFFORT FROM MOST NEIGHBORHOODS SOUTH OF BEN WHITE WAS TO TRY TO SUPPORTED AND INTRODUCE WORKPLACES INTO OUR MIX AS WELL. SO -- WHEN IT'S TIME FOR A MOTION, I HAVE ONE.

Mayor Garcia: LET ME SEE IF THERE'S OTHER QUESTIONS FOR STAFF.

Wynn: MAYOR -- I'M SORRY.

Mayor Garcia: COMEAR AND THEN COUNCILMEMBER WYNN. -- COUNCILMEMBER ALVAREZ AND THEN COUNCILMEMBER WYNN.

Alvarez: I WILL SHARE MY THOUGHTS ON THIS, IT'S BEEN A PRETTY TOUGH ONE FROM THE GET-GO BECAUSE OF WHAT WE HAVE. I MEAN THE ISSUES THAT WE ARE FACING ON EACH SIDE HERE, THE NEIGHBORHOOD ISSUES AND CERTAINLY THE ISSUES RELATED TO SMALL BUSINESS TRYING TO EXPAND AND IMPROVE THE -- THE SERVICE THAT THEY ARE PROVIDING, AND SO WE HAVE BEEN TALKING A LOT ABOUT THE NEIGHBORHOOD PLAN, WHICH ACTUALLY IS BEING HEARD TODAY, AND I JUST -- I DON'T THINK IT WAS PLANNED, IT JUST KIND OF WORKED OUT THAT THEY BOTH ENDED UP ON THE DOCKET AT THE SAME TIME. AND I GO BACK TO -- WELL, I MEAN IS THIS CONSISTENT WITH THE NEIGHBORHOOD PLAN, WHICH CERTAINLY I THINK IN THE NEIGHBORHOOD PLAN THIS TRACT REFERENCES A COMMERCIAL TRACT -- IS REFERENCED AS A COMMERCIAL TRACT. BUT I DO THINK THERE IS SOME CONSISTENCY THERE. WE HEARD THE NEIGHBORS TALK ABOUT THE NEED FOR A MARKET THERE. SHOWED SOME OTHER EXAMPLES BUT I REALLY DON'T THINK THIS IS REALLY SIMILAR TO THOSE LIKE CONVENIENCE STORES AND -- AND, YOU KNOW, CERTAINLY NOT THE SAME LEVEL AS AN H.E.B. ON OR AN ALBERTSON'S, BUT I ALSO DON'T THINK THAT'S WHAT YOU WILL SEE AT THIS SITE. BECAUSE IT'S VERY SMALL. YOU WILL SEE A SMALL MARKET KIND OF LIKE THIS IF INDEED THAT'S WHAT THE NEIGHBORHOOD WANTS. THERE AND I THINK PART OF WHAT WE ARE TRYING TO DO IS MAKE IT SO THAT FOLKS HAVE SOME -- SOME SERVICES AND GOODS AVAILABLE SO THEY DON'T HAVE TO DRIVE AROUND SO MUCH BECAUSE I THINK WE ARE ALL VERY AUTO DEPENDENT. SO I HAVE BEEN TRYING TO WEIGH ALL OF THESE ISSUES AND I MEAN THAT I HAVE ACTUALLY -- I DID VISIT JUST THE ONE ON RIVERSIDE, I HAVE BEEN THERE BEFORE, I WILL GO AND REFRESH MY MEMORY BECAUSE THERE'S A LOT OF OTHER SIMILAR MARKETS AROUND TOWN, LA MARCHINA, ... BUT FOR ME WHEN I WENT I DIDN'T NOTICE ANYTHING NECESSARILY OUT OF THE ORDINARY IN TERMS OF -- OF SORT OF THE HEALTH AND HOW THEY MAINTAIN THE -- THE OPERATION. I MEAN, MAYBE THAT'S -- YOU KNOW, THERE MIGHT BE SOME CULTURAL THINGS THAT, YOU KNOW, GOING ON THERE BUT ACTUALLY BOUGHT SOME FOOD THERE, BOUGHT -- TOOK IT HOME, COOKED IT, DIDN'T GET SICK OR ANYTHING. AND SO I MEAN I REALLY GRAPPLED WITH THIS A LOT. I REALLY DO THINK THAT THESE FOLKS WILL PROVIDE A GOOD SERVICE AND WILL -- AND WILL BE GOOD NEIGHBORS THAT WE DID SEE IN THE INFORMATION PASSED OUT BY THE HEALTH DEPARTMENT, THAT -- THAT -- THAT SOME OF THESE KIND OF HISTORIES ARE NOT NECESSARILY ATYPICAL FOR THESE KIND OF ESTABLISHMENTS THAT AREN'T -- THAT AREN'T THESE HUGE MEGA STORES LIKE AN H.E.B. OR A RANDALL'S OR AN ALBERTSON'S. AND IT'S A DIFFERENT KIND OF BUSINESS AND YOU DON'T HAVE THE SAME ECONOMIES OF SCALE, BUT -- BUT REALLY I MEAN I THINK IT'S BEEN REALLY, REALLY DIFFICULT DECISION, TO THINK THROUGH, BUT I MYSELF THINK IT WOULD BE A POSITIVE ADDITION TO THE NEIGHBORHOOD AND I'M GOING TO BE SUPPORTING THE ZONING REQUEST.

Mayor Garcia: FURTHER QUESTIONS, COMMENTS?

Wynn: MAYOR, I WANT TO VERIFY IF I COULD, MR. GUERNSEY, WHAT WAS STAFF'S RECOMMENDATION AND DID THIS GO TO ZAP OR PLANNING COMMISSION?

YES, COUNCILMEMBER WYNN, THIS WAS RECOMMENDED DID I STAFF TO GRANT L.R.-CO WITH CONDITIONS ON TRIPS. ALSO TO PROHIBIT SERVICE STATION USE, SO THERE WOULD NOT BE GAS PUMPS AVAILABLE ON THE PROPERTY OR TO BE USED AS AN OFFSITE ACCESS SORRY PARKING LOT. THE -- ACCESSORY PARKING LOT. THE PLANNING COMMISSION RECOMMENDED L.R.-C.O. ZONING ON THIS PROPERTY WITH THE SAME CONDITIONS.

Wynn: SAME AS YOUR RECOMMENDATION? THANK YOU.

Dunkerly: MAYOR, THIS IS WITH THE RESTRICTIVE COVENANT?

Mayor Garcia: THE RESTRICTIVE COVENANT WILL HAVE TO BE DONE AFTERWARDS.

Dunkerly: OKAY.

Mayor Garcia: AND WHAT WE HAVE HEARD FROM MR. WHITLIFF IS THAT HE WILL BE DO THAT RESTRICTIVE COVENANT WITH THE CITY. YOU CAN VISIT WITH OUR LEGAL STAFF AND GET THAT DONE. SO THAT WE CAN GET ALL OF THOSE PROHIBITIONS IN. OKAY. ANY OTHER QUESTIONS? I WILL ENTERTAIN A MOTION ON THIS ITEM.

Goodman: WELL, MAYOR, I'M GOING TO MAKE A MOTION TO DENY. AND I WOULD HOPE THAT I WOULD GET A SECOND AT LEAST FOR A VERY SHORT COMMENT.

Mayor Garcia: OKAY. THERE'S A MOTION TO DENY. IS THERE A SECOND?

Goodman: THEN I'M GOING TO TALK ON SOMEBODY ELSE'S MOTION.

Mayor Garcia: YOU CAN MAKE A MOTION WITH THE MOTION ON THE TABLE.

Dunkerly: I CAN SECOND FOR HER COMMENTS.

Mayor Garcia: COUNCILMEMBER DUNKERLY SECONDED THAT MOTION FOR DISCUSSION --

Dunkerly: WHAT NOW?

Dunkerly: FOR DISCUSSION, YES.

Goodman: I WANT TO REITERATE WHAT I JUST SAID A LITTLE WHILE AGO, TO REMIND US WHEN WE STARTED THE NEIGHBORHOOD PLANNING EFFORT IT WAS SO THAT NEIGHBORHOODS COULD HAVE A VOICE AND PLANNING -- IN PLANNING OUT THE FUTURE. I THINK THAT WHEN YOU -- WHEN YOU PLAN AHEAD OF TIME ON A SPECIFIC SORT OF LAND USE, AND THEN YOU HAVE SOMETHING IN FRONT OF YOU THAT'S DIFFERENT FROM THE VISION AND YOU MAY WANT TO MODIFY WHAT YOU HAD ORIGINALLY THOUGHT WOULD BEST HAPPEN THERE, AND THAT'S HAPPENED WITH EVERY NEIGHBORHOOD AT ONE TIME OR ANOTHER. YOU CANNOT ZONE OF COURSE BY PARTICULAR PERSON WHO OWNS THE BUSINESS OR PROPERTY OWNER, SO YOU HAVE TO MAKE THOSE ZONING DECISIONS BASED ON THE BEST LAND USE. I AM THINKING THAT THE BEST LAND USE WAS WHAT WAS THERE FROM A PREVIOUS PLANNING PERSPECTIVE. THERE IS OBVIOUSLY OPPORTUNITY TO REVISIT THAT SINCE THE NEIGHBORHOOD HAS ALSO SEEN A FUTURE POTENTIAL RETAIL USE AS OPPOSED TO OFFICE USE. BUT I DON'T THINK THAT OUR -- THAT YOUR BEING CAPRICIOUS BY STICKING WITH THE L.O. AT THIS POINT IN TIME, NOR IS THE NEIGHBORHOOD BEING CAPRICIOUS, THEY ARE BEING CAREFUL PLANNERS. I THINK WE SHOULD GIVE THEM THE OPPORTUNITY TO DO THAT. IN WHICH CASE IT WOULD BE TO DENY THIS PARTICULAR APPLICATION FOR ZONING. NOT BECAUSE OF THE PARTICULAR ENTERPRISE OR PEOPLE INVOLVED OR ANY OTHER, BUT BECAUSE IT IS A DIFFICULT LAND USE TO PUT NEXT TO A RESIDENTIAL USE. I WILL WITHDRAW MY MOTION.

Mayor Garcia: OKAY, THERE'S A MOTION AND A SECOND, THE SECOND WAS FOR DISCUSSION PURPOSES. SO -- SO LET ME ASK COUNCILMEMBER DUNKERLY IF THAT MOTION STICKS FOR -- FOR A VOTE ON IT? SINCE THE MOTION WAS FOR DISCUSSION PURPOSES, IF WE ARE GOING TO TAKE A VOTE ON THE MOTION TO DENY, THEN IT HAS TO BE A VALID SECOND.

Dunkerly: WITHDRAW.

Mayor Garcia: IT'S A VALID SECOND? YOU ARE WITHDRAWING THE SECOND. OKAY. I WILL ENTERTAIN A MOTION ON THIS ITEM.

Alvarez: MAYOR, I MOVE APPROVAL BASED ON THE REASONS I ARTICULATED EARLIER.

Mayor Garcia: COUNCILMEMBER ALVAREZ MOVES APPROVAL. EGGS THERE A SECOND?

Wynn: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER WYNN. DISCUSSION?

IF I MAY PLEASE DOES THAT INCLUDE THE RESTRICTIVE COVENANT REQUIREMENT?

Mayor Garcia: MR. GUERNSEY SAID THAT WE COULD NOT INCLUDE THAT IN THIS ACTION?

THAT'S RIGHT. IT'S MY BELIEF AND LAW CERTAINLY CAN CORRECT ME, THAT THIS IS REALLY NOT A ZONING RESTRICTION THAT YOU WOULD NORMALLY FIND ASSOCIATED WITH A ZONING CASE. IF -- IF THE AGENT IS WILLING TO ENTER INTO SOME AGREEMENT ABOUT MAINTENANCE OF PROPERTY, FOR HEALTH REASONS, THAT'S CERTAINLY OF HIS OWN DOING. BUT STAFF WOULD NOT RECOMMEND THAT YOU ENTER INTO AN AGREEMENT LIKE THIS WITH THIS ZONING CASE.

THAT'S FINE, I'M JUST TRYING TO GET CLARIFICATION.

Mayor Garcia: THERE'S A MOTION AND A SECOND ON THIS ITEM. FURTHER DISCUSSION? ALL THOSE IF FAVOR SIGNIFY BY SAYING AYE.

AYE. OPPOSED, NO.?

NO.

Mayor Garcia: MOTION CARRIES ON A VOTE OF 6 TO 1. MR. WHITLIFF, IF YOU COULD GET TOGETHER WITH OUR STAFF AS EARLY AS TOMORROW, WE CAN GET YOU A SAMPLE OF A DRAFT FOR A RESTRICTIVE COVENANT.

THANK YOU, MAYOR, I WILL.

Mayor Garcia: OKAY. MS. LOPEZ, WE ARE BACK TO YOU. OR WHOEVER ELSE WANTS TO PICK UP ITEMS 14 AND SAY. -- 14 AND 15.

Mayor Garcia: DID CAN HE CLOSE THE PUBLIC HEARING?

YES, SIR, YOU DID.

Mayor Garcia: BUT WE ARE IN THE DISCUSSION?

Clerk Brown: RIGHT.

Mayor Garcia: COUNCIL, MS. LOPEZ EXPLAINED TO YOU THIS -- THIS MS. LOPEZ, IS THAT CORRECT? AND THIS?

THAT IS CORRECT.

OKAY. SO -- SO WE COULD -- WE COULD DO MOTION 1 ON THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN AND WE DON'T HAVE TO DO ANY OF THE OTHERS, CORRECT?

THAT IS CORRECT.

OR WE COULD DO 1 A, B OR C, EXCUSE ME, 1 D OR E, 1 F OR 1 G, 1 H, 1 I OR 1 J.

IS THAT CORRECT. EXCEPT THE PROPERTY OPEN 1 OR E DID NOT COME UP AND REQUEST THE REZONING.

Mayor Garcia: I'M SORRY, I DIDN'T HEAR WHAT YOU SAID.

THE PROPERTY OWNER WHO OWNS THE PROPERTY AT ZERO NUCHOLS CROSSING DID NOT COME UP AND REQUEST A REZONING.

Mayor Garcia: OKAY. SO -- SO WE CAN DO ONE OR THE OTHER, WOULD THAT -- WITHOUT 1 D OR 1 E.

THAT'S CORRECT.

Mayor Garcia: COUNCIL, I WILL ENTERTAIN A MOTION ON ITEMS Z-14, WHICH IS THE NEIGHBORHOOD PLAN.

Goodman: MAYOR, I NEED TO ASK HER A REQUEST BEFORE YOU GO TO THAT.

Mayor Garcia: QUESTION BY THE MAYOR PRO TEM.

Goodman: OKAY. CAN YOU -- ON 1 D OR 1 E, YOU SAID THE -- YOU SAID THAT FOR TONIGHT THE PROPERTY OWNER DID NOT REQUEST?

IT WAS MY UNDERSTANDING THAT HE WAS GOING TO COME TO CITY COUNCIL IF HE WAS GOING TO IN FACT REQUEST A REZONING. THERE HAVE BEEN SOME COMMUNICATIONS BETWEEN STAFF AND THE NEIGHBORHOOD AND THE PROPERTY OWNER AND HE HAD ACTUALLY SPOKEN AT PLANNING COMMISSION REQUESTING SOMETHING DIFFERENT THAN THE NEIGHBORHOOD PLANNING WAS -- THAN THE NEIGHBORHOOD PLAN WAS RECOMMENDING, HOWEVER HE DIDN'T HAVE ANY SPECIFIC RECOMMENDATIONS. LIKE I SAID WE WERE COMMUNICATING A LITTLE BIT AFTER PLANNING COMMISSION AND IT WAS UNCLEAR WHETHER HE WAS GOING TO ACTUALLY COME FORWARD TO STUN AND FORMALLY MAKE A REQUEST. HOW FAR WE DID INCLUDE HIM ON THE MOTION SHEET IN THE CASE THAT HE DID COME FORWARD.

Goodman: THERE'S NOTHING IN WRITING?

NO. NO.

Goodman: COULD I JUST GO QUICKLY THROUGH THE YELLOW SHEET, JUST TO MAKE SURE THAT I UNDERSTAND WHAT IT IS THAT YOU ARE SAYING.

OKAY, ON THE 4503, 4511, 4601 EAST ST. ELMO PART, THE PLANNING COMMISSION RECOMMENDATION IS THE SAME AS THE NEIGHBORHOOD PLAN WHICH IS MAINTAIN C.S. AND L.O.

THAT'S CORRECT.

AND OKAY. WE NO LONGER HAVE 1 D. THEN ON 1 F OR 1 G, ON ZERO TERI LANE, THE PLANNING COMMISSION RECOMMENDATION IS THE SAME AS THE NEIGHBORHOOD PLAN AND -- AND CONTINUING L.O. ZONING THERE. BUT THERE IS A REQUEST, I'M THINKING THAT WAS FROM MS. LOPEZ PHELPS TO GO FROM L.O. TO L.R.

THAT'S CORRECT.

Goodman: THEN 1 H IS TO GO -- OKAY, THERE ARE NO CHOICES THERE. THE NEIGHBORHOOD PLAN IS THE SAME AS THE PLANNING COMMISSION IS THE SAME AS THE STAFF WITH ZERO U.S. 183 BEING -- GOING FROM S.F. 2 TO CS?

CORRECT. IT WOULD BE JUST A REZONING.

Goodman: OKAY. THAT ONE HAS TO HAPPEN. THEN 2505 HOOK IS -- WAS IT WLO -- RIGHT NOW?

IT'S CURRENTLY ZONED D.R., DEVELOPMENT RESERVE. STAFF IS -- RECOMMENDATION OF STAFF AND NEIGHBORHOOD AND PLANNING COMMISSION RECOMMENDATION IS TO GO TO W.L.O.

Goodman: OKAY. BECAUSE THAT SEEMED TO BE INCONSISTENT HERE. IT SAYS ON THE YELLOW SHEET FROM WAREHOUSE LIMITED OFFICE TO COMMERCIAL. AND THEN AT THE SAME TIME THE PLANNING COMMISSION RECOMMENDATION WAS REZONE TO WAREHOUSE LIMITED OFFICE. SO IT'S D.R. RIGHT NOW?

IT'S CURRENTLY D.R. YEAH. THE FROM WAS TAKEN FROM THE PERSPECTIVE OF THE PLANNING COMMISSION RECOMMENDATION.

Goodman: OKAY. W.L.O. IS WHAT THE NEIGHBORHOOD PLAN --

RECOMMENDS CURRENTLY, YES.

Goodman: SO THAT ONE HAS TO HAPPEN. OKAY. THANKS. IN THE FUTURE, THOUGH, ALICE IF IT IS EVER POSSIBLE TO GET A ZONING MAP, ESPECIALLY NOW THAT WE HAVE MORE THAN ONE NEIGHBORHOOD, MAYBE WE WILL EVEN HAVE TO TAPE THEM TOGETHER, WHO KNOWS, BUT IT'S REALLY DIFFICULT TO TRACK WHAT CHANGES ARE BEING MADE WHEN YOU HAVE TO GO BY LEGEND BECAUSE IT CAN'T POINT OUT AREAS AND IT LOOKS LIKE IT'S VERY SPECIFIC, ALMOST AS IF THE ONLY S.F. 2 SPOTS ARE THESE LITTLE CREAM COLORED SPOTS, WHICH OBVIOUSLY ISN'T QUITE RIGHT, BECAUSE THERE ARE LOTS PLATTED. SO -- I KNOW THAT WILL BE HARD TO DO AND -- IN A LARGE SENSE. JUST TAPE THEM TOGETHER. OKAY. THANKS, MAYOR.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN?

Wynn: I HAVE A QUESTION ON -- ON MR. ALTER'S HOUSING TRACT, I JUST WANT TO UNDERSTAND THE POTENTIAL CONSEQUENCES OF -- OF THE STATE FINANCING ON THIS.

THE CONSTRAINT THAT WE FACE IS OCTOBER 5th IS A DEADLINE BY WHICH A CERTAIN AMOUNT OF -- OF COMMITMENT TO THE PROJECT HAS TO BE MADE, THAT'S CALLED CARRY SCWLOAFEROVER. THE STATE IS EXPECTED YOU TO EXPEND 10% OF THEIR ALLOCATED CREDIT AMOUNT BY THAT DATE. IF YOU CANNOT MEET THAT THEN YOU CAN ASK FOR A 30 DAY EXTENSION. YOU ARE ALLOWED ONE 30 DAY EXTENSION TO ACCOMPLISH THAT. IF YOU CANNOT MEET THAT REQUIREMENT, THEN YOUR PROJECT CANNOT GO FORWARD.

BUT IN REGARD TO THE ACTUAL ZONING ISSUE.

IT IS CONNECTED TO THE ZONING, YES, IN THAT ONE OF THE METHODS OF MEETING THE 10% REFRESH MY MEMORY IS THE -- THE PURCHASE PRICE OF LAND. AND THE PURCHASE OF THE LAND WILL NOT HAPPEN WITHOUT THE ZONING.

Wynn: THANK YOU, MAYOR.

Dunkerly: MAYOR.

Mayor Garcia: COUNCILMEMBER DUNKERLY?

Dunkerly: I HAVE ANOTHER QUESTION FOR MR. ALTERS. LET ME ASK YOU IF WE DID FIRST READING OF THE PLAN OR PULLED YOURS OUT AND BROUGHT IT BACK ON THE 10th, WOULD THAT GIVE YOU ENOUGH TIME THEN TO -- TO WORK THROUGH THOSE 10% ISSUES IF YOU HAD YOUR ZONING AT THAT TIME.

WE WILL HAVE TO ASK FOR AN EXTENSION, IF YOU CANNOT APPROVE THE PLAN TONIGHT AS WE REQUEST, WHICH WE ARE NOT ASKING YOU TO DO THAT, YES, WITH THAT AMOUNT OF TIME THAT YOU HAVE PROVIDED BY POSTPONEMENT AND COMING BACK ON THE SORRY COMING BACK AGAIN SHOULD THAT BE NEEDED, WE ARE HOPING THAT WE WILL WORK THROUGH IT THROUGH THE MONTH OF OCTOBER.

Dunkerly: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS, COMMENTS, MOTIONS?

Goodman: WELL, I WILL TRY THIS, MAYOR. MOTION ONE, THE PLAN IS PRESENTED ON FIRST READING. THE PLAN AS PRESENTED ON FIRST READING.

Mayor Garcia: FIRST READING, THE MOTION IS APPROVE THE PLAN ON FIRST READING? IS THERE A SECOND? I WILL SECOND THAT.

Goodman: THAT GIVES THE OPPORTUNITY FOR EVERYBODY STILL TO WORK OUT ANYTHING THAT THEY HAVEN'T WORKED OUT AND I AM A LITTLE CONFUSED ON THE SAINT ELMO STUFF ABOUT ACCESS ISSUES THAT I'M NOT CLEAR ON.

Mayor Garcia: OKAY. IF WE WANTED TO -- IF WE APPROVE THIS MOTION 1, DOES THE COUPLE THEN WHEN IT COMES UP FOR SECOND AND THIRD, DO THEY HAVE THE CHOICE OF CONSIDERING 1 A, B, C, D, E?

Goodman: YES.

THAT'S CORRECT.

Mayor Garcia: OKAY. COUNCILMEMBER SLUSHER?

Slusher: THANK YOU, MAYOR. LET ME SEE. IF THERE'S ANY OF OUR ENVIRONMENTAL FOLKS STILL HERE, I WANTED TO ASK ABOUT THE 320-ACRE VERSUS THE 64-ACRE WATERSHED AREA. OKAY. IF ANYBODY CAN ANSWER QUESTIONS ABOUT THAT. WELL, SINCE WE ARE GOING TO DO FIRST READING, LET ME JUST LAY OUT WHAT THE QUESTIONS ARE. I JUST NEED MORE INFORMATION ON THIS AND WHAT THE IMPACT WOULD BE. I UNDERSTAND THAT THE PLANNING COMMISSION RECOMMENDED STRONGER ENVIRONMENTAL COMPONENT. I WOULD AGREE WITH THAT, BUT CERTAINLY AGREE THAT THERE'S SOME IMPORTANT WETLANDS AND CREEKS IN THIS AREA, SO WOULD I WOULD LIKE TO GET MORE PROTECTION, BUT I THINK WE NEED A LITTLE MORE FURTHER DISCUSSION ON EXACTLY WHAT THIS WOULD MEAN. I ALSO WAS CURIOUS ON A COUPLE OF THE -- OF THE SPEAKERS, FOR INSTANCE, ON HOEKE LANE, WHAT'S THE BUSINESS YOU ARE PROPOSING THERE? COME ON BACK TO THE MIC, SIR.

EITHER A RESTAURANT OR SANDWICH PLACE.

Slusher: DID YOU PARTICIPATE IN THE NEIGHBORHOOD PLAN?

I DON'T, I DIDN'T.

Slusher: DID YOU KNOW ABOUT IT.

I RECEIVED MAIL ABOUT IT, I DIDN'T TAKE ACTION AT THAT TIME.

Slusher: OKAY, BECAUSE, YOU KNOW, OTHER PEOPLE HAVE BEEN INVOLVED IN IT FOR A LONG TIME.

YES, SIR, YES, SIR, I THOUGHT THAT I WOULD BE GRANDFATHERED UNDER THE CLAUSE, I HAD AN ESTABLISHED BUSINESS THERE AT ONE TIME THAT I WENT THROUGH THE PROCESS OF THE ZONING PROCESS AND SITE DEVELOPMENT, I DON'T THINK THEY WOULD TAKE IT AWAY FROM ME.

Slusher: SO YOU THOUGHT YOU WERE PROTECTED AND THAT'S WHY YOU DIDN'T PARTICIPATE IN THAT --

CORRECT. UNDER THE GRANDFATHER CLAUSE I THOUGHT THEY COULDN'T TAKE AWAY THE EXISTING ZONING.

WHAT'S THE CURRENT USE, WHAT HAVE YOU GOT THERE NOW.

IT'S VACATE, THE BUILDING IS VACANT, I NEED TO REFURBISH IT.

YOU WANT TO DO A RESTAURANT OR WHAT? SANDWICH TO TAKE OUT.

Slusher: FOOD ESTABLISHMENT IN.

SMALL LITTLE BUSINESS.

Slusher: I WILL TAKE A LOOK AT THAT, THINK ABOUT THAT BETWEEN NOW AND THE NEXT READING MUCH THEN THE ONE -- I WANTED TO ASK OUR STAFF ABOUT --

I WANTED TO THANK SONYA LOPEZ, SHE WAS THERE WHEN I HAD QUESTION ABOUTS THE DISOAPG PROCESS AND I JUST WANTED TO GIVE HER -- JUST WANTED TO GIVE HER MY THANKS.

AVE YOU TALKED TO THE FOLKS IN THE NEIGHBORHOOD PLAN? YOU MIGHT WANT TO TALK TO THEM BEFORE YOU LEAVE HERE AND SEE IF YOU ALL CAN SET UP SOME DISCUSSIONS IN THE MEANTIME.

I SURE WILL.

Slusher: ALSO INTERESTED IN THE GENTLEMAN THAT WITH THE ONE LOT ON 183. STILL HERE. LET ME ASK THE STAFF FIRST, I THINK WHAT HE SAID WAS HE'S ZONINGED SINGLE FAMILY ON --

THAT'S CORRECT.

WHY IS THAT? WHAT WAS THE -- WHAT WAS THE THINKING BEHIND THAT?

BEHIND STAFF NOT RECOMMENDING A REZONING?

Slusher: YEAH, I GUESS.

OKAY. MR. AMHEN LIES WITHIN WHAT'S CALLED THE AIRPORT 3 OVERLAY ZONE. YOU CAN SEE IT ZONED ON THIS MAP. ON YOUR SMALLER REZONING MAPS IT SHOULD BE CLEAR. IT'S A HALF MILE AIRPORT BUFFER ZONE. AND WITHIN THAT ZONE NO NEW RESIDENTIAL CAN OCCUR UNLESS IT'S ON -- ON EXISTING SUBDIVIDED LOT AND IT HAS RESIDENTIAL ZONING. THE STANCE THAT STAFF TOOK EARLY ON WAS THAT FOR RESIDENTIAL PROPERTIES, WE WOULD SHOW THEM ON THE FUTURE LAND USE MAP AS SOMETHING OTHER THAN RESIDENTIAL, HOWEVER WE WEREN'T GOING TO REZONE THEM AT THIS TIME UNLESS SOMEONE SPECIFICALLY RECOMMENDED IT. AND MR. AHMIN AND I HAVE ONLY HAD THE OPPORTUNITY TO TALK ABOUT THIS SINCE YESTERDAY. SO IT WASN'T BROUGHT UP UNTIL VERY, VERY RECENTLY.

LET ME ASK MR. -- I WILL LET YOU SAY SOMETHING. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

THE FUTURE LAND USE MAP SUPPORTS THE COMMERCIAL, SO HE COULD GO JUST DIRECTLY TO THE PLANNING COMMISSION THROUGH THE REGULAR PROCESS AND GET HIS ZONING MAP WITHOUT IT BEING A VIOLATION OF THE NEIGHBORHOOD PLAN.

Slusher: I THINK IT WOULD BE IN COMPLIANCE WITH THE PLAN. OKAY. BUT HE WOULD INCUR SOME EXPENSES.

HE WOULD HAVE TO GO TO PLANNING COMMISSION LIKE MOST PEOPLE DO.

Slusher: OKAY. YEAH. IF WE DIDN'T DO THAT, HE WOULD INCUR SOME EXPENSES.

Glasco: COUNCILMEMBERS, IPED TO CLARIFY, WE'VE HEARD CONCERNS ABOUT WE WOULD PROBABLY NOT WANT THE COMMERCIAL ZONING RIGHT NOW, ALTHOUGH THE AIRPORT ORDINANCE PROVIDED THE BUFFER AND INDICATED THAT IN THE FUTURE NEW HOUSING WAS NOT DESIRABLE. SO GIVEN THAT WE HAD FUTURE LAND USE THAT WOULD BE IN KEEPING WITH THAT ORDINANCE. BUT MY UNDERSTANDING IS SOME PROPERTY OWNERS WERE NOT COMFORTABLE WITH CHANGING ZONING R.ING FOR HOMES ALREADY THERE TO COMMERCIAL DUE TO CONCERNS ABOUT PROPERTY VALUES. HOWEVER IN THIS PARTICULAR CASE WE HAVE ONE OWNER WHO NOW FEELS HE WOULD BE OKAY FOR HIS TRACT TO BE REZONED. SO NOT WANTING TO PUT ANY FEAR OF CHANGE OF ZONING FOR HOMES THAT WERE ALREADY THERE UNDER THE SINGLE-FAMILY 2, WE TOOK THE ROUTE OF ZONING THE COMMERCIAL ABOUT WHERE PEOPLE ARE MORE COMFORTABLE FOR SEEKING COMMERCIAL ZONING, THEN THEY WOULD COME IN.

Slusher: COME BACK UP FOR A SECOND. YOU MIGHT NOT BE READY TO ANSWER RIGHT NOW, BUT LET ME TRY ANYWAY. WOULD Y'ALL OBJECT TO THE CITY INITIATING THAT CHANGE IN THE PLAN?

I THINK HE PROBABLY WOULD GET IT IF HE WENT TO PLANNING COMMISSION, SO I DON'T REALLY HAVE AN OBJECTION.

Slusher: IS THAT WHAT YOU WERE LOOKING FOR, MR. AHMIN? YOU CAN COME TO THE MIC. BUT DON'T GO AWAY, MR. SLOAN. I WANT TO ASK YOU ABOUT THE OTHER CASE.

YES. ACTUALLY, I APOLOGIZE FOR HAVING TO PUT EVERYBODY THROUGH THIS LONG PROCESS. I DID RECEIVE THOSE NOTICES AND MAYBE I DIDN'T GO THROUGH THEM THOROUGHLY, BUT WHAT MY IMPRESSION WAS MY LOT WOULD AUTOMATICALLY BE ZONED AS CS. AND THIS WAS SORT OF AN OVERSIGHT OR MAYBE IGNORANCE ON MY PART. AND I APOLOGIZE FOR THAT. BUT I DID NOTICE IT ONLY A COUPLE OF DAYS BACK WHEN I WAS GOING THROUGH MY FILES AND THEN I TALKED -- I WAS ABLE TO TALK TO SONYA AND SHE TOLD ME THAT THE MEETING WAS TOMORROW, SO YOU BETTER SHOW UP IF YOU WANT TO HAVE SOMETHING DONE. SO I WOULD VERY MUCH APPRECIATE IT IF THIS IS DONE. SLUSH OKAY. IT'S MY UNDERSTANDING THAT ALTHOUGH WE CAN'T INITIATE IT AS PART OF THIS MOTION TONIGHT, MS. GLASGO, IS THAT CORRECT? SHE'S GONE BEHIND THE MAP.

COUNCILMEMBER, I DISCUSSED IT WITH MS. GLASGO. AND THIS WAS NOT NOTICED FOR A ZONING CHANGE, SO THIS WILL BE SOMETHING THAT WE WOULD HAVE TO INITIATE AND BRING BACK BECAUSE IT WAS NOT NOTICED FOR ZONING CHANGE, THEREFORE IT WOULDN'T --

Slusher: IF YOU COULD BRING IT BACK ON SECOND READING.

WHAT WE WOULD DO -- WHAT WE WOULD RECOMMEND THAT YOU DO IS THAT YOU GO ON AHEAD AND ADOPT EVERYTHING -- ADOPT -- BECAUSE IT WAS NOT NOTICE FOR THE ZONING CHANGE, GO AHEAD AND ADOPT WHATEVER ZONING YOU HAVE PROPOSED FOR YOU TO CONSIDER TONIGHT AND THEN LET US INITIATE IT AND BRING IT BACK TO PLANNING COMMISSION SO THAT PROPER NOTICE COULD BE ACCOMPLISHED.

Slusher: DO YOU UNDERSTAND WHAT SHE'S SAYING? THE PROCESS SHE'S TALKING ABOUT?

[ INAUDIBLE ] [INAUDIBLE - NO MIC]

Slusher: RIGHT. AND WHAT SHE'S SAYING IS WE AREN'T POSTED TO DO THAT TONIGHT, BUT THE CITY CAN INITIATE THAT. AND THAT ALSO GIVES THE NEIGHBORS A LITTLE TIME TO DISCUSS IT FURTHER. I DON'T THINK YOU WILL HAVE A PROBLEM THERE. AND DID YOU WANT TO SAY SOMETHING -- I WAS GOING TO SAY SOMETHING ABOUT THE HOEKE LANE. DID YOU HAVE SOMETHING ELSE TO SAY ON THIS ONE? OKAY. MR. SLOAN, LET ME ASK YOU ABOUT THE OTHER ONE ON HOEKE LANE. DID Y'ALL DISCUSS THAT PARTICULAR PROPERTY AS FAR AS THE PLANNING PROCESS?

NO, WE DID NOT. OUR NEIGHBORHOOD WAS NOT AWARE OF THAT, BEING A REQUEST. THE TWO ITEMS WE WERE AWARE OF WAS MR. ANJELOU HE HAD A REQUEST. I DON'T KNOW IF THAT WAS IN THERE. AND THEN OF PARTICULAR CONCERN TO US WERE THE REQUESTS BEING MADE BY AMELIA. THE OTHER TWO WE WERE SIMPLY NOT AWARE OF UNTIL RIGHT NOW. AND I DON'T REALLY HAVE AN OPINION ON IT.

Slusher: SO YOU COULD MEET WITH THE OWNER OF THIS ONE IN THE MEANTIME?

I CERTAINLY COULD.

Slusher: OKAY. THANK YOU.

Mayor Garcia: THERE'S A MOTION AND A SECOND FOR FIRST READING A THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN FOR FIRST READING ONLY. FURTHER DISCUSSION?

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: IT MIGHT MAKE SENSE BECAUSE THERE ARE A FEW MORE OF THE SINGLE-FAMILIES ON HERE. DO YOU KNOW HOW MANY THAT IS? IT LOOKS LIKE MAYBE THREE FROM THE MAP HERE THAT ARE STILL ON 183? THESE FOLKS HAVE GOTTEN THINGS IN THE MAIL, RIGHT? I'M JUST WONDERING IF FOLKS REALIZED THE SITUATION THEY'RE IN AND MAYBE WE COULD CONTACT THESE INDIVIDUALS.

WELL, THEY WERE NOTIFIED AS PART OF THE REZONING AS PART OF THE NEIGHBORHOOD PLAN, SO THESE FOLKS, WITH THEIR PROPERTY ON 183, RECEIVED MAPS THAT DESIGNATED THEIR PROPERTY ON THE FUTURE LAND USE MAP AS SHOWING COMMERCIAL, BUT NOT SHOWING ON THE REZONING MAP.

Slusher: I UNDERSTAND THEY GOT A LETTER.

WELL, THEY RECEIVED -- THEY RECEIVED A PLAN AND AN OUTLINE IN DETAIL OF WHAT WE WERE PROPOSING.

Slusher: OKAY.

IN ADDITION TO THE NOTICE.

Slusher: LET'S TALK ABOUT THIS A LITTLE BIT MAYBE NEXT WEEK ABOUT MAKING SURE THEY KNOW WHAT THE SITUATION IS. AND WHAT? INCLUDED AS WHAT? WELL, I DON'T KNOW IF I WANT TO GO THAT FAR YET. I DON'T WANT TO ALTER -- I THINK YOU HAVE A DECENT POLICY. I WOULD JUST LIKE TO MAKE SURE THAT THESE FOLKS KNOW WHAT THIS POLICY IS, THE SINGLE-FAMILY PLACES ALONG HERE. AND THEY MAY WANT TO KEEP IT SINGLE-FAMILY. I DON'T KNOW. I'LL LEAVE IT AT THAT, MAYOR.

Mayor Garcia: OKAY. THANK YOU, COUNCILMEMBER. FURTHER QUESTIONS ON THIS MOTION?

Goodman: NO, MAYOR, JUST A REITERATION THAT WHEN WE COME BACK FOR SECOND WE DO FIND OUT ABOUT THE OTHER PEOPLE BECAUSE THEY MAY THINK THE SAME AS MR. AHMIN THAT IT'S SORT OF AUTOMATICALLY REZONED. AND CERTAINLY THERE WILL BE APPRAISAL ISSUES THAT COME UP, SO THEY MAY NOT BE READY TO TAKE THAT KIND OF TAX BURDEN, OR CONVERSELY, EVEN BEING CLOSE TO ALL THE REST. THEY MAY HAVE SOME IMPACT ANYWAY, BUT IT WOULD BE GOOD FOR US TO MAKE SURE THAT THEY KNOW EXACTLY WHAT THIS PLAN MAY OR MAY NOT DO. AND IF THEY WANT TO BE PART OF THE INITIATION OF THE COMMERCIAL ZONING, WE MIGHT AS WELL DO IT IN A PACKAGE.

Mayor Garcia: ARE YOU GOING TO SAY SOMETHING?

YES, MAYOR. I WANTED TO PROVIDE YOU ONE PIECE OF INFORMATION THAT MIGHT BE HELPFUL ON THE TAX BURDEN ISSUE. ART COREY HAS DONE A PRESENTATION TO YOUR GENTRIFICATION COMMITTEE AND HAS INDICATED THAT CHANGE IN ZONING DOES NOT AFFECT APPRAISAL FROM THE TAX DISTRICT'S POINT OF VIEW, ONLY CHANGE OF USE DOES. SO THE FEAR THAT CHANGING THE ZONING WOULD INCREASE THE TAX BURDEN, THE CHIEF APPRAISER HAS INDICATED THAT THAT IS NOT THE CASE.

Mayor Garcia: I DON'T READ LIPS, MAYOR PRO TEM. [ LAUGHTER ] ANY OTHER DISCUSSION ON THE MOTION BY THE MAYOR PRO TEM AND SECONDED BY THE MAYOR? I THINK THAT WAS THE MAKER AND A SECOND, IS THAT RIGHT?

[INAUDIBLE - NO MIC]

Mayor Garcia: ALL THOSE IN FAVOR OF THE MOTION, PLEASE INDICATE BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. NOW TO THE SECOND PART, ITEM Z-15. MAYOR PRO TEM, WOULD IT BE APPROPRIATE TO DO THIS ALSO AT FIRST READING FOR THE RECOMMENDATION TO APPROVE THE FRANKLIN PARK, McKINNEY AND SOUTHEAST NPCD AS RECOMMENDED FOR FIRST READING BY THE PLANNING COMMISSION?

Goodman: ON FIRST.

Mayor Garcia: YOU MOVE THAT YOU SAID?

Goodman: YES, SIR.

Mayor Garcia: OKAY. A MOTION MADE BY THE MAYOR PRO TEM AS TO APPROVE THE FRANKLIN PARK, McKINNEY AND SOUTHEAST NPCD REZONING AS RECOMMENDED BY THE PLANNING COMMISSION ON FIRST READING. AND I'M GOING TO SECOND THAT MOTION. DISCUSSION?

MAYOR, WHEN WOULD IT BE APPROPRIATE TO TAKE THESE BACK FOR SECOND AND THIRD READINGS?

Mayor Garcia: WOULD IT BE APPROPRIATE TO DO WHAT?

WHEN WOULD IT BE APPROPRIATE TO BRING THIS BACK TO COUNCIL?

Mayor Garcia: AS SOON AS THEY'RE READY. NEXT WEEK IF YOU'RE READY, FINE. APPARENTLY THERE'S SOME WORK TO BE DONE. WE DO NOT MEET -- LET ME GIVE YOU SOME TIME FRAMES HERE. WE DO NOT MEET ON THE 17TH, SO IT WILL EITHER BE THE THIRD OR THE 10th. MISDZ GLASGO, WILL -- MS. GLASGO, WILL Y'ALL BE READY THEN? MR. SLOAN, IS HE HERE? HAS HE LEFT? DO YOU THINK THAT WILL GIVE YOU ENOUGH TIME TO WORK OUT ALL THE NECESSARY -- OKAY. MS. PHELPS? OKAY. MR. ALTER? GREG? THEY'RE GOING TO BRING IT FOR SECOND AND THIRD READING EITHER NEXT WEEK OR THE WEEK AFTER. BECAUSE AFTER THAT WE HAVE ONE WEEK OFF. THE 10th. IS THAT OKAY WITH YOU? OKAY. ALL THOSE IN FAVOR OF THE MOTION, PLEASE INDICATE BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES. THANK YOU VERY MUCH, STAFF MEMBERS, COMMUNITY MEMBERS, FOR ALL THE WORK. [ APPLAUSE ] COUNCIL, I DON'T THINK WE HAVE ANY OTHER ITEMS TO COME BEFORE THIS MEETING, SO THERE'S A MOTION BY COUNCILMEMBER SLUSHER TO ADJOURN THIS MEETING. THERE'S A SECOND BY ME. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED NO? MOTION CARRIES AND WE'RE ADJOURNED.

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