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

Mayor Garcia: MAY I HAVE YOUR ATTENTION, PLEASE, WE WILL NOT TAKE UP [INAUDIBLE] ITEM UP UNTIL WE GO BACK INTO EXECUTIVE SESSION. THE COUNCIL STILL HAS QUESTIONS FOR THE ATTORNEYS. SO -- SO WITHOUT TRYING TO PREDICT TIMES, I WOULD SAY WE WOULD TAKE THIS UP BEFORE 3:30 AT THE EARLIEST. WE WILL TAKE CITIZENS COMMUNICATION, ONCE I HAVE A QUORUM OF THE COUNCIL HERE, WE WILL TAKE UP CITIZENS COMMUNICATION GENERAL. THEN GO TO THE CONSENT AGENDA, ITEM NO. 49 IS NOT ON THE CONSENT AGENDA. AND THEN WE WILL GO BACK TO EXECUTIVE SESSION, AND COME BACK. NOW, THOSE OF YOU THAT ARE HERE, FOR ITEM NO. 6 -- LET'S SEE, 60 -- THOSE OF YOU THAT ARE HERE FOR ITEM NO. 62, I'M GOING TO RECOMMEND TO THE COUNCIL THAT WE DO THAT IN CONJUNCTION WITH THE CONSENT AGENDA. WE WILL ANNOUNCE THE NAMES OF PEOPLE THAT ARE GOING TO BE CONSIDERED ON THIS ITEM, BUT WE WILL DO THAT IN THE CONSENT AGENDA UNLESS I HAVE ANYBODY -- NOBODY SIGNED UP TO SPEAK, IF YOU GUYS WILL HANG ON, WE WILL GET THERE. OKAY? WE HAVE THREE MEMBERS HERE, AS SOON AS I HAVE A QUORUM OF THE COUNCIL, I WILL CALL THE MEETING BACK TO ORDER.

Mayor Garcia: WE ARE WAITING FOR A FOURTH MEMBER TO JOIN US. LET ME SAY THIS IS THE LAST COUNCIL MEETING WE ARE GOING TO HAVE BEFORE THE HOLIDAYS, ON BEHALF OF ALL OF THE COUNCILMEMBERS I WISH YOU THE VERY BEST DURING THE HOLIDAY SEASON, YOU DO THE COUNCILMEMBERS A GREAT FAVOR IF YOU DON'T CALL THEM SO WE CAN REGAIN SOME OF OUR SANITY DURING THIS PERIOD OF VACATION. AND I'M JUST KIDDING HERE, SO DON'T WORRY ABOUT IT. IF YOU CAN GET ME ONE MORE COUNCILMEMBER IN HERE --

WE DO HAVE A QUORUM OF THE COUNCIL IN THE CHAMBERS NOW, I'M GOING TO CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL. OF NOVEMBER -- OF DECEMBER THE 12th. IT IS 1:35. AND WE HAVE CONCLUDED THE DISCUSSION OF -- ITEM NO. 4 IN EXECUTIVE SESSION, ITEM NO. 4, WHICH IS TO DISCUSS LEGAL ISSUES RELATED TO -- IN THE MATTER OF THE APPLICATION OF THE CITY OF AUSTIN FOR A WATER CERTIFICATE OF CONVENIENCE AND NECESSITY. NUMBER 33, 562-6. AND A WASTEWATER CERTIFICATE OF CONVENIENCE AND NECESSITY, NUMBER 335863-C, STATE OFFICE OF ADMINISTRATIVE HEARING DOCKET NO. 582-02-3056. WE CONCLUDED A DISCUSSION OF THAT ONE. WE STARTED THE DISCUSSION OF ITEM NO. 5, WHICH IS DISCUSS LEGAL ISSUES RELATED TO PROPOSED PROFESSIONAL SERVICES EVALUATION MATRIX. WE HAVE NOT CONCLUDED THAT PARTICULAR DISCUSSION. THAT PARTICULAR DISCUSSION, QUESTIONS OF COUNCIL MAY AFFECT ITEM NO. 49. 49 WILL NOT BE TAKEN UP UNTIL THE COUNCIL HAS AN OPPORTUNITY TO GET ALL OF THEIR QUESTIONS ANSWERED WITH REGARD TO THE LEGAL ISSUES. THOSE ARE UNDER THE PRIVATE CONSULTATION WITH OUR ATTORNEY EXCEPTION. 551.071, NO DECISIONS WERE MADE, WE WILL GO BACK TO THE EXECUTIVE SESSION AFTER THE CONSENT AGENDA. LET ME GO TO CITIZENS COMMUNICATION GENERAL. JIMMY CASTRO FIRST, THEN MR. MORGAN LITTLE SECOND. MR. CASTRO, WELCOME, SIR.

GOOD AFTERNOON, MAYOR GARCIA, COUNCILMEMBERS, MS. FUTRELL. I HAVE SOME SLIDES TO SHOW YOU, I'M HERE TO SPEAK ON MY OWN BEHALF, ALSO A FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION IN NORTH AUSTIN, I'M LOWER TO SPEAK IN SUPPORT OF THE FOLLOWING PRIORITIES FOR THE UPCOMING 78 LEGISLATIVE SESSION. 78th. THE TWO MOST IMPORTANT FACTORS OF ANY BUDGET IS WHERE THE MONEY COMES FROM, WHERE THE MONEY GOES. 2.3% GENERAL GOVERNMENT, 30% GOES TO HEALTHVUE REPORTER MELISSACES, 43% TO AGENCIES AND EDUCATION. 55% COMES FROM GENERAL REVENUE FUNDS AND 30% COMES FROM FEDERAL FUNDS. WE MUST MAINTAIN HIGH LEVELS OF IMMUNIZATIONS, INCLUDING CHILDREN ENROLLED IN THE CHILDREN'S HEALTH INSURANCE PROGRAM. THE NEED IS ALSO CRITICAL FOR THE ESTABLISHMENT OF A HOSPITAL DISTRICT FOR THE CENTRAL TEXAS AREA. THE TOP PRIORITY IN EDUCATION IS INCREASING THE TEACHER'S SALARIES AT LEAST TO THE NATIONAL LEVEL. IN 2003 THE AUSTIN INDEPENDENT SCHOOL DISTRICT WILL PAY 150 MILLION TAX DOLLARS TO THE STATE OF TEXAS. THIS SCHOOL FINANCE SYSTEM KNOWN AS ROBINHOOD IS NOT WORKING. IT IS BROKEN. ESPECIALLY WHEN 70% OF ITS STUDENTS IS ON A FREE LUNCH PROGRAM. THE UNIVERSITY OF TEXAS AT AUSTIN SERVES TEXAS AND THE NATION AS ONE OF THE MOST HIGHLY RATED PUBLIC RESEARCH UNIVERSITIES IN THE UNITED STATES. THIS SESSION WE NEED TO MAKE SURE TEXAS COLLEGES AND UNIVERSITIES RECEIVE THE FUNDING NECESSARY FOR THE FUTURE OF ALL TEXANS. THIS SESSION WILL INCLUDE FUNDING COMPUTER AND TELECOMMUNICATION PROGRAMS FOR TRAINING AND ECONOMIC DEVELOPMENT. IN TRANSPORTATION, THE TRANSPORTER PLAN WILL -- TRANS CORRIDOR PLAN WILL HELP MEET THE NEEDS TO HELP RELIEVE TRAFFIC CONGESTION, THE TRANS CORRIDOR PLAN WILL ALSO INCLUDE COMMUTER RAIL FOR PASSENGER AND FREIGHT. TEXAS-MEXICO BORDER ISSUES. NOW IS THE TIME TO STRENGTHEN OUR ENERGY POLICIES. FIRST, OIL. MEXICO IS RANKED AS THE WORLD'S FIFTH LARGEST OIL PRODUCER. SECOND NATURAL GAS. MEXICO IS HOME TO THE WORLD'S FOURTH LARGEST NATURAL GAS PRESERVE. THIRD, ELECTRICITY. MEXICO INSTALLED ELECTRIC POWER PLANTS, FINALLY, GOOD FAMILY HEALTH, CLEAN AIR AND CLEAN WATER SHOULD NOT ONLY BE EXPECTED, IT SHOULD BE DEMANDED AMONG -- ALONG THE TEXAS-MEXICO BORDER. THANK YOU VERY MUCH.

THANK YOU VERY MUCH, JIMMY. MR. MORGAN LITTLE, FOLLOWING MR. LITTLE IS MR. GUS PENA. MR. LITTLE, WELCOME, SIR.

> THANK YOU. YOUR HONORS, CITY COUNCIL MEMBERS, I'M HERE FROM THE VETERAN SERVICE --

Mayor Garcia: THAT'S NOT YOURS.

[INAUDIBLE] VETERANS DAY PARADE COMMITTEE. WE WANT TO THANK YOU FOR YOUR SUPPORT. IF IT HADN'T BEEN FOR THE WORK THE CITY COUNCIL DID, TO WAIVE THIS, WAIVE THAT, WAIVE EVERYTHING, WE WOULDN'T HAVE HAD THE PARADE, THANK YOU VERY MUCH.

THANK YOU VERY MUCH, MR. LITTLE, MR. GUS PENA, FOLLOWING MS. PENA IS DR. SYLVIA HERRERA. WELCOME, SIR.

WELCOME TO YOU, TO, MAYOR GARCIA AND COUNCILMEMBERS, HONORABLE CITY MANAGER AND STAFF. GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS. FIRST OF ALL, I WOULD LIKE TO SAY HAPPY HOLIDAYS TO YOU ALL, ALSO. BUT I WOULD LINING TO ALSO, BEFORE THE YEAR IS UP OR ENDED, I WOULD LIKE TO THANK ALL OF THE COUNCILMEMBERS THAT HAVE BEEN HELPFUL TO MY FAMILY AND I WILL NAME THEM ALSO BECAUSE I THINK IT'S VERY IMPORTANT TO ACKNOWLEDGE THEIR ASSISTANCE AND WE THANK COUNCILMEMBER WILL WYNN, COUNCILMEMBER DANNY THOMAS AND COUNCILMEMBER JACKIE GOODMAN WHO HAVE TAKEN AN INTEREST IN OUR PERSONAL LIVES, BEEN VERY SUPPORTIVE, VERY HELPFUL, I JUST WANT TO THANK YOU ALL VERY MUCH. ESPECIALLY TO YOU, JACKIE, BECAUSE I KNOW WHAT COUNCILMEMBER DUNKERLY IN THE FIELD OF HEALTHVUE REPORTER MELISSA GALE, BUTFIELDOF HEALTH AND HUMAN SERVICES, BUT I CONSIDER YOU THE QUEEN OF THE HEALTH IN THE COUNTY, I HAVE SEEN YOU AT MANY, MANY, MANY MEETINGS, YOU HAVE THERE FOR THEM, FOR THE EMPLOYEES, FOR THE COMMUNITY. SO THANK YOU ALL VERY MUCH. GOD BLESS YOU FOR THE HELP THAT YOU HAVE GIVEN US. I WOULD LIKE TO NOT MEETING THE BASIC FUNDING FOR -- I WAS THERE TO DEBATE THIS WITH -- TO DEBATE WITH COMMISSIONER GOMEZ AND COMMISSIONER SONLEITNER WHO ARE FRIENDS OF MINE. I STRONGLY BELIEVE, I URGED THEM THIS PAST TUESDAY TO PASS THAT FUNDING BECAUSE SO MANY PEOPLE ARE IN NEED WITH THIS DOWNTURN IN THE ECONOMY. EVEN BEFORE THEM, BASIC NEEDS SUCH AS RENTAL ASSISTANCE, UTILITY ASSISTANCE, FUNDING FOR THE SERVICE PROVIDERS SUCH AS SECO, ANY BABY CAN, ET CETERA. THAT IS VERY, VERY, VERY MUCH IMPORTANT, LOW COST QUALITY CHILD CARE FOR TEEN MOMS. IT'S VERY IMPORTANT THAT WE ADVOCATE FOR THE COMMUNITY BECAUSE WE HAVE A LOT OF POVERTY OUT THERE. I'M NOT JUST TALKING ABOUT HISPANICS OR AFRICAN AMERICANS. BUT WE HAVE IT IN THE ANGLO COMMUNITY, ALSO IN THE ASIAN AMERICAN COMMUNITY. WE HAVE BEEN TO MANY, MANY, MANY MEETINGS DURING THE PAST 11 MONTHS. IRREGARDLESS OF WHAT MY HEALTH IS, YOU CAN PUT ME IN JAIL, YOU CAN KICK ME, YOU CAN DO WHATEVER YOU WANT TO, BUT I'LL ALWAYS BE KICKING THERE FOR THE PEOPLE, ESPECIALLY THE HEALTH ISSUES, BECAUSE IT IS VERY IMPORTANT, MAYOR GARCIA, TO HAVE QUALITY HEALTH CARE FOR ALL OF THE PEOPLE AND A LOT OF PEOPLE ARE BEING TURNED AWAY FROM THE CLINICS. I STILL HAVE PROBLEMS WITH ELIGIBILITY. PEOPLE CALLING ME, ESPECIALLY VIETNAM VET I MET WHO WAS WOUNDED THREE TIMES, THAT IS NOT ACCEPTABLE. YOU WILL SAY GO TO THE VETERANS ADMINISTRATION. WHY? THE CITY OF AUSTIN HAS THE RESPONSIBILITY TO EVERYBODY, NOT JUST THE VETERANS BUT TO EVERYBODY, SO IT SHOULD BE -- VETERANS SHOULDN'T BE TURNED AWAY. EMPLOYMENT FOR THE VETERANS, IT'S VERY IMPORTANT. A LOT OF VETERANS ARE NOT BEING HIRED BY THE CITY. I KNOW THE CITY RIGHT NOW IS NOT FILLING SOME POSITIONS, BUT EVEN BEFORE THEN WHEN WE SPOKE ABOUT THE BUDGET LAST YEAR, IT IS NOT BEING DONE. [BUZZER SOUNDING]

I WILL WRAP IT UP. SAY THANK YOU ALL VERY MUCH. I KNOW SOMETIMES WE ARE HIGHLY CRITICAL. BUT KNOW THIS, WE DO APPRECIATE YOU ALL. I DON'T CARE WHAT SOME RO PROGRAMS SAY, BUT I DO APPRECIATE YOU ALL VERY MUCH, HAPPY HOLIDAYS.

HAPPY HOLIDAY, MR. PENA. KEEP UP THE GOOD WORK. DR. SYLVIA HERRERA. AND FOLLOWING DR. HERRERA, IS MS. SUSANA ALMANZA.

GOOD AFTERNOON, MAYOR, CITY COUNCIL. HOW ARE YOU ALL?

FINE.

I WOULD LIKE TO -- I'M HERE ON BEHALF OF THE NEIGHBORHOOD PLANNING PROCESS, AT LEAST THAT -- THAT AREA OF THE GOVALLE AREA THAT -- THAT I LIVE IN AND WORK IN AS STAFF FOR PODER. I WOULD LIKE TO POINT OUT ONE OF THE -- -- OF THE AREAS OF CONCERN THAT WE SHOULD BE AWARE OF IN THE NEIGHBORHOOD PLAN. IT HAS TO DO WITH THE PARTICIPATION, OR AT LEAST THE INCLUSION OF THE PARENTS AND SPANISH SPEAKING COMMUNITY IN OUR NEIGHBORHOOD PLANNING PROCESSES. FOR FUTURE NOTE AND DISCUSSION, I WOULD LIKE TO RECOMMEND THAT WE ASSURE THAT ALL OF THE MATERIALS ARE AVAILABLE FROM THE ONSET OR AS THEY BECAME AVAILABLE AS WE ARE DRAFTING MATERIALS, THAT THEY ARE AVAILABLE IN SPANISH. A LOT OF TIMES IT'S AT THE REQUEST AND SOMETIMES PEOPLE ARE AFRAID TO ASK FOR THOSE MATERIALS. WE HAVE BEEN PROVIDED THOSE MATERIALS ON OUR PLAN IN SPANISH. WE HAVE GONE BACK TO THE SCHOOLS AND WORKED WITH THE DIFFERENT ORGANIZATIONS THAT ARE AVAILABLE ON THE CAMPUSES IN OUR NEIGHBORHOOD, INCLUDING THE ELEMENTARY SCHOOLS AND THE HIGH SCHOOL, WHICH IS JOHNSTON HIGH SCHOOL. SO -- SO I WOULD ALSO LIKE TO ENCOURAGE YOU TO CONSIDER TO PUT EMPHASIS ON THAT -- THOSE POPULATIONS THAT ARE IN THE SCHOOL OR THAT ARE INVOLVED IN THE SCHOOL, TO INCLUDE THEM IN ANY DISCUSSIONS ON THE NEIGHBORHOOD PLANS. BECAUSE IN OUR PLAN WE HAVE RECOMMENDED THAT WE HAVE QUALITY SCHOOLS IN OUR COMMUNITY AS PARTED OF OUR NEIGHBORHOOD PLAN. SO WHAT DOES THAT INVOLVE? THAT MEANS THAT WE HAVE TO COMMUNICATE. EVEN THOUGH WE'VE HAD OUR MEETINGS AT THE ELEMENTARY SCHOOLS AND PLACES THAT ARE ACCESSIBLE, I WOULD LIKE TO PROPOSE THAT WE ALSO HAVE ADDITIONAL MEETINGS, MAYBE DURING THE DAY, WHEN SOME OF THE PARENTS ARE MEETING AT THE SCHOOL OR IN CONJUNCTION WITH -- WITH THE P.T.A.'S OR WITH THE CAMPUS ADVISORY COUNCILS THAT ARE SO -- SO IMPORTANT IN THE ROLE OF OUR CHILDREN AND OUR FAMILIES THAT ARE -- THAT ARE -- STILL HAVE SCHOOL AGED FAMILIES. SO I WOULD LIKE TO ENCOURAGE YOU TO LOOK AT THAT AS WE CONTINUE THE NEIGHBORHOOD PLANNING PROCESS. I WOULD ALSO LIKE YOU TO -- TO ENCOURAGE YOU TO LOOK AT THE TYPE OF ZONING THAT WE HAVE TO DEAL WITH, PARTICULARLY IN THE GOVALLE NEIGHBORHOOD, JOHNSTON TERRACE AREA. AGAIN, LOOK AT THOSE CHANGES THAT ARE BEING PROPOSED BECAUSE THEY CAN BE MISLEADING IN TERMS OF THE LIGHT INDUSTRIAL [BUZZER SOUNDING] GOING TO OTHER TYPES OF ZONING. AND THOSE -- SOME OF THOSE WERE RESIDENTIAL SINGLE FAMILY, THE USE IS ACTUALLY SINGLE FAMILY RESIDENTIAL PROPERTIES. SO I WOULD LIKE FOR YOU TO NOTE THAT. THANK YOU.

Mayor Garcia: THANK YOU. FOLLOWING MS. SUSANA ALMANZA, IS MR. P.L. GIBBS, MS. ALMANZA, WELCOME. GOOD AFTERNOON, MAYOR AND CITY COUNCIL MEMBER, I'M SUES WITH PODER. [SPEAKING IN SPANISH] SALUTATION TO ALL OF THE COMMUNITIES THAT ARE PRESENTLY WORKING FOR JUSTICE AND PEACE. [SPEAKING IN SPANISH] I DIRE OUR WORLD FOR THE COMING HERE PEACE AND JUSTICE. I WOULD LIKE TO START OUT BY TALKING ABOUT THE GENTRIFICATION PROCESS. IN CERTAIN NEIGHBORHOODS IN EAST AUSTIN, THE MEXICAN AMERICAN POPULATION HAS GROWN. WHILE THE AFRICAN AMERICAN POPULATION HAS DECREASED. SUCH DEMOGRAPHIC SHIFTS IN DIFFERENT PEOPLE OF COLOR ARE THE SAME SOCIAL CLASS DO NOT CONSTITUTE GENTRIFICATION EITHER. WHAT INSTITUTIONAL OR ECONOMIC POWERS DO MEXICANS HAVE TO DISPLACE BLACKS. HISTORICALLY WHO HAS DISPLACED BLACKS FROM AREAS SUCH AS CLARKSVILLE? ONLY 3% ARE LEFT. IF YOU REMEMBER, THE HISTORY -- FURTHERMORE THE HISTORY OF BLACKS AND LATINOS AT INNER CITY IN THE U.S. IS NOT ONE OF DISPLACEMENT, BUT ONE OF CO-HABITATION, WORKING CLASS BLACKS AND LATINOS HAVE BEEN SHARING THE SAME SEGMENTS OF THE LABOR MARKET, NEIGHBORHOODS, SCHOOLS, HOSPITALS, ELDERLY HOMES, DAYCARE CENTERS, RECREATIONAL FACILITIES AND OTHER RESOURCES FOR MANY, MANY OF YEARS. TO SAY THAT MEXICAN AMERICAN COMMUNITY IS DISPLACING THE AFRICAN AMERICANS IS REALLY A BIZARRE STATEMENT TO MAKE IN ANY KIND OF THING AS WE LOOK AT THE WHOLE ISSUE OF JUST GENTRIFICATION, WHETHER THROUGH HISTORIC ZONING OR OTHER THINGS. ALSO, TOO, THERE WAS AN ARTICLE 7 WRITTEN BY RICARDO [INAUDIBLE] FROM AUSTIN -- GANDIRAR FROM THE AUSTIN AMERICAN-STATESMAN EXR EXPRESSED SOME CONCERNS ABOUT THE SOCIAPROBLEMS OF GENTATION, ITS RACIST EFFECTS ON WORKING CLASS PEOPLE OF COLOR. THE TRUE ENGINEERS AND BENEFIT FACTORS OF GENTS INDICATION, THE ARTICLE IS REPLEAT WITH CONCEPTS HISTORICALLY DESIGNED TO ASSIST IN THE POLITICS OF GENOCIDE, COLONIZATION AND ENSLAVEMENT. EXAGGERATING THE POLITICAL DIFFERENCE AMONG MEXICAN AMERICAN COMMUNITY ORGANIZATIONS AND ATTEMPTING TO PIT AFRICAN AMERICANS AGAINST MEXICANS. FINALLY THE ARTICLE DISSPORTS THE EFFECTS OF GENTRIFICATION BY ADMITTING IMPORTANT IMPERICAL DATA ABOUT THE RACIAL POPULATION AND HOUSING VALUE TRENDS IN EAST AUSTIN OVER THE LAST DECADE. ALSO, IT ALSO SAID THAT GENTRIFICATION WAS PRODUCTIVE. HOW CAN GENTRIFICATION BE CONSIDERED PRODUCTIVE? WHAT IS PRODUCTIVITY AND WHY DO MANY PEOPLE ASSUME THAT IT IS A GOOD THING? DESPITE ITS WIDE-SPREAD USE IT IS USUALLY DEFINED ACCORDING TO THE NARROW VIEW OF MAINSTREAM ECONOMIC THEORY [INAUDIBLE] REFERS TO SOMETHING THAT IS PROFITABLE OR CONDUCIVE TO A GREATER ECONOMIC GROWTH OR OUTPUT. THE IMMEDIATE AND OBVIOUS PROBLEM WITH THE MEANING OF PRODUCTIVE [BUZZER SOUNDING] IS THAT IT PRACTICES THAT ARE PROFITABLE ARE NOT ALWAYS ETHICAL. SO WE ASK YOU, AS YOU HEAD TO THE LEGISLATURE, TO MAKE SURE THAT THE COMMUNITIES OF COLOR LEGISLATIVE ISSUES ARE LOOKED AT, SUCH AS CREATING A LOW INCOME HOUSING DISTRICT. LOOKING AT RENT CONTROL. LOOKING AT ABATEMENTS FOR HOMEOWNERS IN EAST AUSTIN AND FOR SMALL BUSINESSES SO AS THIS NEW YEAR COMES, LET'S MAKE SURE THAT EAST AUSTIN RESIDENTS CAN -- CAN CONTINUE TO LIVE IN EAST AUSTIN AND SO LET'S MAKE SURE THAT WE ALSO HAVE THE RIGHT TO SHARE THAT URBAN SPACE. THANK YOU.

Mayor Garcia: THANK YOU, MR. P.L. GIBBS. FOLLOWING MR. GIBBS IS MR. EDWARD SLEDGE. MEDSMS. GIBBS.

THAT'S ALL RIGHT OR MAYOR AND THE COUNCIL. I'M HERE TO TALK ABOUT WHAT I FEEL IS A SUBCULTURE IN THE POLICE DEPARTMENT, I ENCOURAGE EACH OF YOU TO ACCEPT THE FACT THAT IT DOES EXIST IN OUR SOCIETY IN THE UNITED STATES TODAY AND OUR JUDICIAL SYSTEM. I WOULD LIKE TO MAKE A LONG STORY SHORT. MY HARASSMENT FROM THE POLICE DEPARTMENT STARTED SEVEN YEARS AGO. IT HAS INCLUDED UNBELIEVABLE HARASSMENT AND THINGS THAT NO HUMAN BEING IN THIS COUNTRY, OR ANY OTHER COUNTRY FOR THAT MATTER, BUT ESPECIALLY IN THIS COUNTRY WHERE WE DO HAVE A BILL OF RIGHTS, WE HAVE A CONSTITUTION, WE HAVE MANY, MANY THINGS TO PROTECT INNOCENT CITIZENS. BUT WHEN YOU GET A SUBCULTURE THAT IS DETERMINED TO FIND SOMETHING OR DO SOMETHING TO HARASS YOU INTO THEIR CLUTCHES, I PROMISE YOU THEY WILL USE EVERY MEANS AND I HAVE SAID MANY TIMES, THEY WILL LIE, CHEAT, STEAL, MANIPULATE, THEY WILL DO ANYTHING THAT THEY CAN TO TRY AND TAKE CONTROL OF YOU TO WHERE YOU BECOME JUST LIKE THEM. I AM DETERMINED IT WON'T HAPPEN TO ME. I HAVE SPENT OVER $150,000 ON LEGAL FEES IN THE LAST SEVEN YEARS TO TRY TO PROTECT MY CHILDREN. I DIDN'T DO A VERY GOOD JOB OF IT BECAUSE THE SITUATIONS WERE SO BIZARRE, I WAS SO SHOCKED THAT THESE THINGS WOULD ACTUALLY EXIST IN THIS COUNTRY. FOR PROBABLY THE FIRST FIVE YEARS, I WAS IN A TOTAL SHOCK SITUATION. BUT I DATED A GENTLEMAN 12 YEARS AGO. I FOUND OUT AFTER I DATED HIM FOR A COUPLE OF WEEKS, THAT HE WAS MARRIED AND ALSO LIVING COMMON LAW WITH SOMEONE ELSE, SO I CHOSE TO TRY AND DISASSOCIATE MYSELF WITH THE RELATIONSHIP AND STILL REMAIN FRIENDS SINCE WE LIVED IN THE SAME NEIGHBORHOOD. I HAD LIVED THERE 22 YEARS, HE HAD LIVED THERE ABOUT EIGHT. THAT DIDN'T HAPPEN. AND THEN MY LEGAL PROBLEMS BEGAN. HE WAS A POLICE INFORMANT. CURRENTLY HIS GIRLFRIENDS WERE POLICE INFORMANTS. THE THINGS THAT THEY HAVE BEEN ABLE TO FALSIFY, THE THINGS THAT THEY HAVE BEEN ABLE TO DO IS ALWAYS ASTOUNDING TO ME. THEY NOW HAVE CONTROL OF SO MANY PEOPLE THAT IT SHOCKS ME THAT PEOPLE WOULD DARE TO DO THE THINGS THAT THEY DO EVEN TO ANOTHER HUMAN BEING. BUT THEY DO DO THEM. IT HAS HAPPENED TO ME IN AUSTIN, TEXAS. IT HAS HAPPENED TO ME IN HOUSTON, TEXAS. THEY HAVE TRIED TO DOCUMENT AS MUCH AS I CAN. BECAUSE THAT'S WHAT THE F.B.I. TOLD ME TO DO. DOCUMENT AND SPEAK OUT AS MUCH AS YOU CAN ABOUT THE ISSUES AT HAND. I STAIR STEP ALL THE WAY. TRYING TO DO THE -- THE CHAIN OF COMMAND AND I WOULD SAY 99% OF THE TIME I GET THE RUN AROUND. SO I CONTINUE TO GO ON AND ON AND ON AND AT THE AGE OF 63 [BUZZER SOUNDING] I WILL STILL NEED TO WORK FULL-TIME BECAUSE ALL OF MY SAVINGS, ALL OF MY RETIREMENT, EVERYTHING THAT I HAD I INVESTED IN MY CHILDREN. AND NOW I STILL NEED TO CONTINUE TO WORK TO SUPPORT MYSELF. THAT'S OKAY. GOD GRANTS ME HEALTH, A GOOD MIND, THE ABILITY TO DO THE THINGS THAT I NEED TO DO. BUT I WILL ASK YOU AGAIN, PLEASE, PLEASE, PLEASE, LISTEN TO THE CITIZENS THAT COME TO YOU AND COMPLAIN ABOUT THE SUBCULTURE THAT DOES EXIST IN OUR JUDICIAL SYSTEM AND IN THE STATE OF TEXAS AND IN THE CITY OF AUSTIN. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU MS. GIBBS, EDWARD SLEDGE. WELCOME, SIR.

GOOD AFTERNOON, MAYOR AND COUNCILMEMBERS. MY FIRST ITEM -- BILLION, EVERY DAY WE ALL GO OUT AND DO SOMETHING THAT'S VERY DANGEROUS, MAINLY ONE OF THE MOST DANGEROUS THINGS THAT YOU CAN DO ON THE FACE OF THE EARTH, WHICH IT'S OPERATE A MOTOR VEHICLE. IT'S ILLEGAL TO DO SO WHEN YOU ARE INTOXICATED. IT NEEDS TO BE ILLEGAL WHILE YOU ARE TALKING ON THE CELL PHONE. I URGE YOU TO PASS AN ORDINANCE AGAINST TALKING ON THE CELL PHONE WHILE OPERATING A MOTOR VEHICLE. PLEASE. I'M A MEMBER OF THE HUMAN RIGHTS COMMISSION. I'M PROUD TO SAY ON TUESDAY ABOUT 100 PEOPLE NATIONWIDE WERE ARRESTED ON DEMONSTRATIONS AGAINST THE WAR ON IRAQ. SEVEN OF THOSE WERE IN AUSTIN. ONE OF THOSE SEVEN WAS A MEMBER OF THE AUSTIN HUMAN RIGHTS COMMISSION. IT WAS NOT ME. [INAUDIBLE], BUT HE'S BEEN RELEASED, IT IS OKAY. IT IS A HE. AT PRESENT TIME, WE HAVE ONLY -- THE AUSTIN HUMAN RIGHTS COMMISSION IS COMPOSED OF 11 MEMBERS. WE HAVE NEVER HAD OUR FULL 11 MEMBERS, AT THE PRESENT TIME WE HAVE NINE. TWO -- ONLY TWO OF WHICH ARE WOMEN. ONLY ONE OF WHICH IS HISPANIC. WE DO NOT HAVE ANY MEMBERS OF THE MUSLIM COMMUNITY ON THE AUSTIN HUMAN RIGHTS COMMISSION. WE HAVE NO ASIANS OR PACIFIC ISLANDERS. NO MEMBERS OF THE CLERGY OR MANY OTHER SEGMENTS OF OUR SOCIETY THAT ARE MISSING ON THIS COMMISSION. AT PRESENT THERE ARE TWO OPENINGS, ONE OF WHICH IS AT LARGE, THE OTHER OF WHICH I BELIEVE BELONGS TO COUNCILMEMBER SLUSHER. SO I STRONGLY -- I HAVE BEEN TRYING TO COMMUNICATE THIS PROBLEM, IT HASN'T HAPPENED YET, WE NEED TO FILL UP THIS COMMISSION BECAUSE WE HAVE A LOT OF HARD WORK TO DO ON HOUSING AND MANY OTHER THINGS THAT FACE THE COMMUNITY. THANKS.

Mayor Garcia: THANK YOU, MR. SLEDGE. MR. GAVINO FERNANDEZ. FOLLOWING MR. FERNANDEZ IS MR. JOSE QUINTERO. MR. FERNANDEZ, WELCOME, SIR.

GOOD AFTERNOON, COUNCIL, MY NAME IS GAVINO FERNANDEZ WITH EL CONCILIO, A COALITION OF MEXICAN AMERICAN NEIGHBORHOOD ASSOCIATIONS. BEFORE I BEGIN I DO WANT TO ACKNOWLEDGE THAT TODAY, DECEMBER THE 12th, IS ANOTHER ANNIVERSARY OF OVER 500 YEARS WHERE THE VIRGIN OF GUADALUPE APPEARED BEFORE SAN JUAN DEALING DIEGO, I AND MANY BILLIONS OF PEOPLE THROUGHOUT THE WORLD CELEBRATE THE ANNIVERSARY OF THAT MIRACLE. AT THE SAME TIME I WOULD ALSO LIKE TO PRESENTS TO YOU A LETTER OF REQUEST. IED IN THAT YOU HAVE A COPY OF THAT LETTER, THAT COMES FROM OUR FAMILY OF NEIGHBORHOOD ASSOCIATION, EL CONCILIO, WHERE IT ASKS THAT WE AND THE CONCILIO AND THE ROBERT DONNALLY FAMILY WOULD LIKE TO FORMALLY REQUEST THAT YOU CONSIDER THAT ONCE THE FUEL TANKS FROM THE HOLLY POWER PLANT ARE REMOVED, THAT THIS AREA BE DEDICATED AS A MEMORIAL PARK IN MEMORY OF MR. ROBERT DONNALLY AND TO BE LANDSCAPED WITH THE GEZEBO AND BENCHES SO PEOPLE IN THE COMMUNITY CAN HAVE ACCESS TO THIS AREA SO THEY CAN PRAY, MEDITATE OR JUST ENVOY A FEW OF THE RIVER AND THE UNIQUE NEIGHBORHOOD AND ITS ENVIRONMENT IN THE AREA. I ALSO WANT TO -- TO SPEAK ABOUT THE FACT THAT AS OF TO DATE, THE MITIGATION DOLLARS FOR HOME REPAIR IS NO IN LINE -- NOT IN LINE. PEOPLE ARE STILL HAVING TO WAIT FOR THAT. ALONG THIS TIME, WE ALSO COME DOWN TO A SLOW PACE IN OUR OFFICES AS WE COME TO THE HOLIDAY SEASON. AS WE JOIN TOGETHER WITH OUR FAMILIES DURING THIS VERY SPECIAL PERIOD, WE WOULD LIKE TO ASK YOU, AS YOU REFLECT, TO -- TO ASK TO SEE HOW IS IT THAT YOU AS A COUNCILMEMBER AND THE POWERS THAT YOU HAVE CAN HELP REDUCE AND ELIMINATE INJUSTICES AND DISCRIMINATION IN AUSTIN. HOW IS IT THAT YOU AS A COUNCILMEMBER CAN REVERSE THE PRACTICE OF PEOPLE IN THE COMMUNITY BEING ABLE TO ENJOY AND HEAR FIREWORKS AS THE NEW YEAR COMES IN, WHEREAS IN MY COMMUNITY THE THUNDEROUS PRESSURE RELEASE OF THE HOLLY POWER PLANT DROWNS THE FIREWORKS THAT WE TURN ON IN OUR NEIGHBORHOODS TO ENJOY THE COMING OF A NEW YEAR. LEGISLATIVELY, I HOPE THAT ONCE AGAIN YOU DO LOOK AT AFFORDABLE HOUSING CREATING A DISTRICT, TAX ABATEMENT, RENT CONTROL AND GRANTS FOR SMALL BUSINESSES AND ECONOMIC DEVELOPMENT. WITH THAT, POLITICS SET ASIDE, ON BEHALF OF OUR FAMILIES AND NEIGHBORHOOD ASSOCIATIONS, WE WISH YOU AND YOUR FAMILIES A SAFE AND HAPPY HOLIDAY AND LOOK FORWARD IN WORKING WITH YOU IN THE UPCOMING YEAR OF 2003. THANK YOU.

Mayor Garcia: THANK YOU, MR. FERNANDEZ. MR. JOSE QUINTERO. MR. JOSE QUINTERO? OKAY, COUNCIL, THAT'S ALL OF THE PEOPLE THAT WE HAVE SIGNED UP TO SPEAK UNDER CITIZENS COMMUNICATION GENERAL. WE WILL NOW GO TO -- EXCUSE ME, THE READING OF CHANGES AND CORRECTIONS, I WILL RECOGNIZE OUR CITY CLERK, SHIRLEY BROWN.

Clerk Brown: GOOD AFTERNOON, COUNCIL. ON THE CHANGES AND CORRECTIONS FOR DECEMBER 12 December 12th, ITEM NO. 17, IS BEING REMOVED FROM THE AGENDA BECAUSE IT IS REPLACED BY ITEM 66 IN THE ADDENDUM. ITEM 22, DELETE THE 17.06% MEMBER AND INSERT 15.86% MBE, DELETE 2.18% W.B.E. AND INSERT INSTEAD 7-POINT 90% W.B.E. ITEM -- 7.9% W.B.E. ITEM NO. 43 SHOULD READ AFTER 600 RIVER STREET IN AN AMOUNT NOT TO EXCEED $59,959. ITEM 59 DELETE THE WORDS CONDUCT A STUDY FOR AND INSERT THE WORDS "REVIEW THE EXISTING STUDIES RELATED TO PEDESTRIAN BICYCLE SAFETY IMPROVEMENTS ON I-35." ITEM 62, DELETE THE SPONSOR, MAYOR GUS GARCIA. ITEM 63, APPROVE AN ORDINANCE APPOINTING DEBORAH HOPPS TO THE HOSPITAL BOARD AND WAIVING THE RESIDENCY REQUIREMENT FOR HER APPOINTMENT. AND THE SPONSORS OF THAT ARE COUNCILMEMBER BETTY DUNKERLY AND MAYOR PRO TEM JACKIE GOODMAN. ITEM 64, IS BEING POSTPONED INDEFINITELY. ITEM 66, HAS BEEN POSTPONED TO JANUARY 9th, 2003 AT 6:00 P.M. FOR PUBLIC HEARING AND POSSIBLE ACTION. ITEM 67, INSERT THE WORDS "FOR AN AMOUNT NOT TO EXCEED $628,000" AFTER THE 78th LEGISLATIVE SESSION.

Mayor Garcia: MS. BROWN, ON ITEM NO. 62, I WOULD LIKE TO ADD THAT THIS ITEM WILL INCLUDE APPOINTING JUDGE MICHAEL COFFEY TO A POSITION OF FULL-TIME MUNICIPAL COURT JUDGE. AND ALSO THIS MOTION TABLES THE COUNCIL APPOINTING HIM TO THE POSITION OF DOWNTOWN AUSTIN COMMUNITY COURT JUDGE. ALL RIGHT?

Clerk Brown: OKAY.

Mayor Garcia: AND IF THERE'S ANY QUESTIONS FROM THE COUNCIL, WE CAN TAKE THEM UP DURING THE DISCUSSION OF THE CONSENT AGENDA. I MEAN -- YEAH ON THE CONSENT AGENDA -- THE CONSENT AGENDA. IF IT GOES BY CONSENT.

Clerk Brown: OKAY.

Mayor Garcia: OKAY.

Clerk Brown: ITEM -- OR THE TIME CERTAIN ITEMS WE HAVE ALREADY CONCLUDED CITIZENS COMMUNICATION, AT 3:00 IS AHFC 1 THROUGH 3. AT 4:00 P.M. ZONING ITEMS Z-1 THROUGH Z-8 AND PLEASE NOTE THAT STAFF HAS REQUESTED AN INDEFINITE POSTPONEMENT FOR ITEM Z-3, WHICH IS DALTON LANE. 5:30 LIVE MUSIC AND PROCLAMATIONS, 6:00 P.M. IS THE PUBLIC HEARING ON ITEM 65. ITEMS PULLED FOR DISCUSSION, ITEM 19 PULLED BY COUNCILMEMBER SLUSHER. ITEM 34 BY COUNCILMEMBER SLUSHER. 35 BY COUNCILMEMBER DUNKERLY. 36 BY COUNCILMEMBER SLUSHER. 37 COUNCILMEMBER ALVAREZ. AND 59 BY COUNCILMEMBER SLUSHER.

Mayor Garcia: ITEM 49 ALSO IS PULLED BECAUSE THE DISCUSSION ON THIS ITEM IN EXECUTIVE SESSION HAS NOT BEEN CONCLUDED. SO AFTER WE TAKE UP THE CONSENT AGENDA, WE WILL GO BACK INTO EXECUTIVE SESSION AND WE WILL CONSIDER ITEM 49 AFTER WE COME BACK. AFTER WE CONCLUDE THE DISCUSSION AND HEAR THE -- THE RECOMMENDATIONS OF OUR -- OF THE CITY ATTORNEY. FOR THOSE OF YOU THAT ARE HERE FOR ITEM 49, WE PROBABLY WILL NOT TAKE THAT UP UNTIL MAYBE AFTER THE 3:00 TIME CERTAIN. NEXT ITEM IS A PREVIEW OF ITEMS FOR THE NEXT COUNCIL MEETING, THIS WILL NOT BE UNTIL JANUARY THE 9th. SO DOES ANYBODY HAVE ANY -- CITY MANAGER?

WE HAVE ONE ITEM THAT I WOULD LIKE TO HIGHLIGHT. THERE HAS BEEN A LOT OF CONFUSION ABOUT THE TIMING OF THE ITEMS, SO I WANTED TO MAKE SURE THAT EVERYBODY IS AWARE THAT THE PIPELINE ORIGINS DISCUSSION IS POSTPONED AND WILL BE TAKEN UP ON JANUARY 9th FOR PUBLIC HEARING AND POSSIBLE ACTION. SO THAT'S THE PIPELINE ORDINANCE DISCUSSION. WE HAVE HAD A FEW CITIZENS THAT HAVE ASKED FOR THE BACKUP MATERIAL ON THAT ITEM. I SUSPECT THAT THEY CAN -- THE CITY CLERK, THEY CAN OBTAIN A COPY OF THE ORDINANCE IF YOU WISH TO BE HEARD. DURING THE PUBLIC HEARING. DURING THE PUBLIC HARLEY HEARING ON THE PIPELINE OSHDZ, YOU CAN COME -- ORDINANCE, YOU CAN COME BY THE CLERK'S OFFICE AND REQUEST A COPY OF THE ORDINANCE ITSELF, THAT'S A BACKUP.

Futrell: WE WILL SEE ABOUT GETTING IT UP ON THE INTERNET SITE. I'M SEEING NODS THAT IT IS ALREADY UP ON THE INTERNET SITE. GO TO CITY'S WEB PAGE, YOU SHOULD BE ABLE TO PULL UP A COPY OF IT THROUGH THE CITY'S WEB PAGE.

Clerk Brown: APPROVAL OF MINUTES FROM THE DECEMBER WORK SESSION FROM DECEMBER 14th, 2002 TO THE REGULAR COUNCIL MEETING ON DECEMBER 15, 17, JUST A REMINDER HAS BEEN REMOVED BECAUSE IT WAS REPLACED BY ITEM 66. ITEM 18 --

Mayor Garcia: MAY I ASK THE CITY MANAGER, ARE WE GOING TO TAKE UP ITEM 66?

Futrell: NO. WHAT WE ARE GOING TO DO INSTEAD. WE WILL HAVE AN EXECUTIVE SESSION ON THIS ITEM, BUT THERE WILL BE NO PUBLIC INPUT AND NO ACTION TODAY AND THIS IS THE REPOSTED -- I'M SORRY, YOU ARE TALKING ABOUT -- ARE YOU TALKING ABOUT THE PIPELINE 66?

Mayor Garcia: YES.

Futrell: NO. THERE'S NO ACTION TODAY, NO PUBLIC INPUT TODAY. THAT'S ALL BEEN POSTPONED UNTIL JANUARY 9th.

Mayor Garcia: EVERYBODY GOT THAT?

Clerk Brown: ITEM 18, 20 IS AN AROUND AND IT'S FOR -- AN ORDINANCE FOR ALL THREE READINGS, 21 AN ORDINANCE FOR ALL THREE READINGS, 22 FOR THE CHANGES AND CORRECTIONS THAT WERE READ EARLIER, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 38 FOR SECOND AND THIRD READINGS, 39 FOR THIRD READING, 40, 41, 42 CHANGES --

Mayor Garcia: DID YOU SAY 39?

Clerk Brown: 39 FOR THIRD READING.

Mayor Garcia: MR. GUERNSEY, THAT ONE HAS A VALID PETITION; IS THAT CORRECT?

Gurnsey: THAT'S CORRECT, HOWEVER IT HAS BEEN WITHDRAWN. THE ORDINANCE FOR 39 AND THE COVENANT WHICH IS EXECUTED SHOULD BE ON THE DAIS. [INAUDIBLE] REPING THE PETITIONER THAT WAS PREVIOUSLY OPPOSED HAS WITHDRAWN THEIR PETITION.

Mayor Garcia: THE VALID PETITION HAS BEEN WITHDRAWN?

Gurnsey: THAT'S CORRECT.

Mayor Garcia: OKAY. SO THIS WOULD BE FOR CONSENT ON THIRD READING. OKAY.

Clerk Brown: ITEM 40, 41, 42 AS READ IN THE CHANGES AND CORRECTIONS, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58 ARE APPOINTMENTS AS AS FOLLOWS: THE ANIMAL ADVISORY COMMISSION, KATHY ANN OLIVE, TRAVIS COUNTY COMMISSIONERS REPRESENTATIVE, CONSENSUS APPOINTMENT. CITY OF AUSTIN COMMISSION FOR WOMEN: VALERIE MARIE MALONE, COUNCILMEMBER GRIFFITH'S REAPPOINTMENT. COMMUNITY DEVELOPMENT COMMISSION: PHILIPE CAMACH, METROPOLIS NEIGHBORHOOD REPRESENT, CONSENSUS APPOINTMENT. ZONING AND PLATTING COMMISSION JOHN MICHAEL VIN SENT CORTEZ, COUNCILMEMBER ALVAREZ'S APPOINTMENT. CLARK AM MONDAY -- HAMMOND, COUNCILMEMBER SLUSHER'S APPOINTMENT. BACK TO THE CAN SENT --

Mayor Garcia: BACK TO THE CONSENT.

Mayor Garcia: MS. BROWN, WE DIDN'T HAVE THE AUSTIN HOUSING AUTHORITY APPOINTMENTS? I HAD ASKED THAT THOSE BE PLACED ON THE -- ON THE APPOINTMENTS. I DON'T KNOW EXACTLY WHAT HAPPENED. ON THAT ONE. ANYWAY, GO ON. WE WILL GET BACK TO THAT. BECAUSE I HAD REQUESTED, I HAD ANNOUNCED THAT TWO MEMBERS OF THAT BOARD WERE GOING TO BE CONSIDERED BECAUSE THEY ARE -- THEIR THIRD TIME EXPIRES ON DECEMBER 31st. MY STAFF IS CHECKING ON THAT.

Clerk Brown: OKAY.

Mayor Garcia: ITEM NO. 59, DID YOU SAY?

Clerk Brown: NO.

Mayor Garcia: IT'S BEEN PULLED.

Clerk Brown: YES. ITEM 60. ITEM 61 IS AN ORDINANCE FOR ALL THREE READINGS. ITEM 62 IS AN ORDINANCE FOR ALL THREE READINGS AND WITH THE CHANGES AND CORRECTIONS THAT WERE READ. ITEM 63 IS AN ORDINANCE FOR ALL THREE READINGS AS READ IN THE CHANGES AND CORRECTIONS. AND ANNOUNCED EARLIER BY THE CITY MANAGER BY THE CITY -- CITY MANAGER ITEM 66 POSTPONED TO JANUARY 9th AND THEN ITEM 67.

Mayor Garcia: AND ON 67, DO WE HAVE A RELATED ITEM ON THIS ONE WITH REGARD TO THE LEGISLATIVE AGENDA? WE HAVEN'T DONE THAT YET, RIGHT?

Futrell: I BELIEVE, MAYOR, THAT IS ON CONSENT. LET ME SEE IF I CAN PICK OUT THE NUMBER THAT IT IS FOR YOU. 42? 32. SO 32 IS THE -- ACTUALLY THE LEGISLATIVE AGENDA PACKET. OUR POLICY --

Mayor Garcia: OKAY. ALL RIGHT. 32 IS SO -- SO TODAY WE ARE APPROVING THE LEGISLATIVE PROGRAM FOR THE CITY. THIS HAS BEEN REVIEWED BY A COMMITTEE MADE UP OF -- OF COUNCILMEMBERS GARCIA, SLUSHER AND MAYOR PRO TEM GOODMAN. AND THEN THE LAST ONE, 67, 67, IS THE APPROVE THE NEGOTIATION, EXECUTION OF PROFESSIONAL SERVICES CONTRACTS TO PROVIDE STATE REPRESENTATION SERVICES FOR THE 78th LEGISLATIVE SESSION. OKAY. LET ME SEE -- ON THE AGENDA --

Goodman: MAYOR, COULD I ASK, ALSO --

Mayor Garcia: MAYOR PRO TEM?

Goodman: ON THE CONSENT AGENDA, ON I THINK IT'S 57, WHICH IS THE COLORADO RIVER WATCH, IF I HAVE GOT THE RIGHT NUMBER, I NOTICED THAT THERE WAS A BOARD MEMBER IN THE AUDIENCE AND JUST IN CASE NOBODY SIGNED UP BECAUSE IT WAS ON CONSENT, I WANTED TO BE ABLE TO GIVE AN OPPORTUNITY FOR A SPEAKER FROM THE COLORADO RIVER WATCH FOUNDATION TO SPEAK TO US ON THAT ITEM. I'M NOT TAKING IT OFF CONSENT. I SEE CHARLES, I DIDN'T KNOW WHO ELSE, I JUST WANTED TO MAKE SURE THAT SOMEBODY SIGNED UP SO THAT THEY COULD TALK ABOUT THE RIVER WATCH FOR A MINUTE. AND THAT'S -- YOU KNOW, WHENEVER.

Mayor Garcia: OKAY.

THANKS YOU VERY MUCH, COUNCIL PERSON.

ACKIE GOODMAN. WE ARE CELEBRATING OUR 10th ANNIVERSARY THIS YEAR THROUGH THE COLORADO RIVER WATCH PROGRAM. WE DO WATER MONITORING FOR AT RISK KIDS WITH AISD. WE PROVIDE A VERY VALUABLE FRONT LINE DEFENSE SYSTEM FOR LETTING THE CITY KNOW IF THERE'S ANY PROBLEMS, WHERE THE PROBLEMS ARE AT. WE ARE GOING TO HAVE A -- A CELEBRATION THIS SPRING AND WE WILL LET EVERYBODY KNOW ABOUT THAT WHEN IT HAPPENS. I WOULD LIKE TO THANK ALL OF THE COUNCILMEMBERS FOR ALL OF THEIR SUPPORT. THANK YOU VERY MUCH.

Goodman: THANK YOU.

Mayor Garcia: ON THE CONSENT AGENDA, I FIST WANTS TO ANNOUNCE THAT COUNCILMEMBER ALVAREZ WILL BE ABSTAINING ON ITEM NO. 67 -- [INAUDIBLE] MS. BROWN DID YOU NOTE THAT, ITEM 67, COUNCILMEMBER ALVAREZ ABSTAINING.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: I WOULD PUT NUMBER -- ITEM NO. 36 BACK ON. BUT FOR A SECOND READING ONLY. I THINK WE ALMOST HAVE A COMPROMISE OR MAY EVEN HAVE A COMPROMISE ON THAT, BUT IT HASN'T BEEN VERIFIED TO MY SATISFACTION YET. I WILL SIT DOWN WITH THE STAFF AND THE FOLKS INVOLVED WHEN THE REPORT COMES BACK AGAIN SO WE DON'T HAVE TO COME OFF AGAIN. BUT I WOULD LIKE TO JUST RUN THAT THROUGH A SECOND READING LIKE IT PASSED THE FIRST TIME.

THAT'S ITEM NO. 36.

Slusher: THAT'S CORRECT, MAYOR.

Mayor Garcia: 36 ON SECOND READING ONLY. CONSENT FOR SECOND READING ONLY. ALSO, MS. BROWN, ON THE APPOINTMENTS TO THE AUSTIN HOUSING AUTHORITY, THERE'S TWO. MR. HENRY FLORES, THIS IS THE MAYOR'S NOMINEE, AND MR. JACKSON COLE, JACKSON COLE, ALSO THE MAYOR'S NOMINEE. THOSE WOULD BE UNDER THE BOARD APPEARED COMMISSION APPOINTMENTS -- BOARD AND COMMISSION APPOINTMENTS. WE HAVE SPEAKERS ON THE CONSENT AGENDA. ARE THERE ANY QUESTIONS OF STAFF FOR ANY -- BEFORE I CALL UP THE SPEAKERS? MR. JIMMY ASTRO ON ITEMS -- CASTRO ON ITEMS 22, 23, 24 AND 25. YOUED IN, MR. CASTRO, YOU ONLY HAVE THREE MINUTES FOR ALL OF THEM. COULD YOU GET SOME VOLUME TO THAT MICROPHONE, PLEASE.

GOOD AFTERNOON, I DO HAVE SOME SLIDES TO SHOW YOU THIS AFTERNOON, I'M HERE ON SPEAK ON MY OWN BEHALF, ALSO A FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION. I'M HERE TO SPEAK IN SUPPORT OF THE COMBINED TRANSPORTATION COMMUNICATIONS EMERGENCY CENTER, ALSO KNOWN AS CTEC. THIS WILL BE VERY SIMILAR TO THE TRANS GUIDE NOW OPERATIONAL IN SAN ANTONIO. THE FIRST SLIDE SHOWS THE TEXAS DEPARTMENT SMART HIGHWAY PROJECT CALLED TRANS GUIDE BECAME OPERATIONAL ON JULY 26th, 1995. TRANS GUIDE CAN DETECT TRAVEL TIME AND RESPOND RAPIDLY TO ACCIDENTS AND EMERGENCIES. PARTNERS IN THE TRANS GUIDE PROJECT INCLUDE THE TEXAS DEPARTMENT OF TRANSPORTATION, THE CITY OF SAN ANTONIO POLICE, FIRE, E.M.S., AND [INAUDIBLE] METROPOLITAN TRANSIT SYSTEM. CURRENTLY THE TRANS GUIDE SYSTEM COVERS 72 MILES OF SAN ANTONIO HIGHWAYS. THE GOAL IS TO COVER 289 MILES OF SAN ANTONIO HIGHWAYS. THE OPERATIONAL CYCLE SHOWS FOUR STEPS. FIRST, FROM THE TIME OF THE INCIDENT. SECOND, TRAFFIC SLOWS, THIRD DETECT, VERIFY AND RESPOND. FOURTH, TRAFFIC WARNED AND WE ROUTED. THE TRANS GUIDE ORGANIZATIONS INCLUDE THE -- THE TEXAS DEPARTMENT OF TRANSPORTATION, THE SAN ANTONIO POLICE, FIRE, E.M.S. DISPATCH AND THE [INAUDIBLE] METROPOLITAN TRANSIT SYSTEM. WITH EACH SECTION HAVING ITS OWN TERMINALS, THE TRANS GUIDE SYSTEM UTILIZES 118 CAMERAS. THE CAMERA IMAGE IS DISPLAYED ON THE VIDEO MONITOR IN THE OPERATIONS ROOM AND IS ALSO DISPLAYED ON EVERY TELEVISION IN SAN ANTONIO WHETHER YOU HAVE CABLE OR NOT. SO BEFORE LEAVING HOME, YOU WILL BE ABLE TO SEE A LIVE PICTURE IN TRAFFIC EVERY SIX SECONDS OF ALL OF THE MAJOR HIGHWAYS. DYNAMIC MESSAGE SIGNS NOTIFY MOTORISTS ABOUT ACCIDENTS, CONSTRUCTION, CONGESTION AND TRAVEL TIMES. THE TRANS GUIDE SYSTEM UTILIZES 766 LANE CONTROL SIGNALS IN SAN ANTONIO. SPEED WARNING DEVICES HELP REDUCE ACCIDENTS IN SAN ANTONIO. FINALLY, IN 1996, SAN ANTONIO IS ONE OF FOUR CITIES SELECTED TO IMPLEMENTS AND SHOWCASE NEW TECHNOLOGIES UNDER [INAUDIBLE] THE MODEL -- UNDER A PROGRAM CALLED THE MODEL DEPLOYMENT INITIATIVE. THANK YOU.

Mayor Garcia: THANK YOU MR. CASTRO. ON ITEM NO. 32, WE HAVE THREE SPEAKERS. MR. GAVINO FERNANDEZ. DR. SYLVIA HERRERA. DR. RIVER -- DR. HERRERA, AND MS. SUSANA ALMANZA, LET ME READ INTO THE RECORD WHAT THEY WROTE. ADD AFFORDABLE HOUSING DISTRICT TAX ABATEMENT GRANTS AND -- AND -- WHOOPS. AND LOANS. DR. HERRERA WROTE DISCUSS AFFORDABLE HOUSING RENTS CONTROL TO ADDRESS LOW INCOME COMMUNITY. AND MS. ALMANZA SAID BE SURE AND HAVE EAST AUSTIN'S ISSUES LOBBIED SUCH AS LOW INCOME HOUSING DISTRICT. THAT'S ON ITEMS 3 -- THAT'S ON ITEM 32. 30 --

Clerk Brown: MAYOR, I HAVE JUST BEEN GIVEN AN ADDITIONAL ITEM ON NUMBER 63. WHILE DEBORAH HOBBS IS ON THERE FOR WAIVER OF RESIDENCY REQUIREMENTS, THERE ARE THREE MORE APPOINTMENTS THAT NEED TO BE MADE TO THAT HOSPITAL BOARD. THEY ARE GLENDA PARKS, [INAUDIBLE] INDUCTOR MARY LIEU ADAMS, I HAVE BEEN ASKED TO ADD THOSE APPOINTMENTS.

Mayor Garcia: I GUESS THOSE ARE COMING AS RECOMMENDATIONS FROM THE HEALTH SUBCOMMITTEE.

Clerk Brown: THAT'S CORRECT, MAYOR.

Mayor Garcia: OKAY. SO THAT ITEM NEEDS TO -- TO HAVE ADDED TO IT, THE THREE NAMES THAT WE -- THAT WILL BE ITEM 63.

Clerk Brown: YES, SIR.

Mayor Garcia: INSTEAD OF SAYING COUNCILMEMBER DUNKERLY, IT'S RECOMMENDATIONS FROM THE HEALTH SUBCOMMITTEE OF THE COUNCIL. OKAY?

Clerk Brown: (NODDED HEAD).

Mayor Garcia: OKAY. LET ME READ AGAIN INTO THE RECORD THE CONSENT AGENDA. S ITEM 16 APPROVE THE MINUTES FROM THE WORK SESSION OF DECEMBER 4th, 2002 AND THE REGULAR MEETING OF DECEMBER THE 5th, 2002. ITEM 18, ITEM 20 FOR ALL THREE READINGS, 21 FOR ALL THREE READINGS, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 36 FOR SECOND READING ONLY, 38, 39, FOR THIRD READING, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58, 58 WITH THE APPOINTMENTS THAT WERE READ INTO THE RECORD, 59 WAS CHANGED, COUNCILMEMBER SLUSHER DO YOU STILL WANT TO PULL THIS ITEM?

Slusher: SORRY, MAYOR, WHICH ONE IS THAT?

Mayor Garcia: THIS IS 60. IT WAS CHANGED TO -- JUST A SECOND.

Clerk Brown: IT WAS 59.

Slusher: 59.

Mayor Garcia: 59 SAYS -- USED TO SAY CONSIDER RESOLUTION TO CONDUCT A STUDY FOR AND THAT CONDUCT A STUDY FOR WAS DELETED AND THE WORDS REVIEW THE EXISTING STUDIES RELATED TO THE PEDESTRIAN BICYCLE SAFETY IMPROVEMENTS ON I-35. DO YOU STILL WANT THAT ITEM PULLED?

Slusher: WELL, YEAH. I THINK THAT I COULD VOTE FOR IT UNDER THAT, BUT I WOULD LIKE TO HAVE A SHORT DISCUSSION, IF WE COULD. IF YOU WANT TO TRY THAT HERE.

Mayor Garcia: DO YOU WANT TO DO IT IN THE CONSENT AGENDA OR DO YOU WANT TO DO IT --

Slusher: LET'S TRY TO DO IT HERE. I'M JUST TRYING TO FIGURE OUT WHAT ARE WE LOOKING FOR IN SAFETY IMPROVEMENTS? BECAUSE I'M CERTAINLY FOR THAT, I HAVE A LIST OF THE FATALITIES OVER THE LAST FIVE YEARS AND --

Mayor Garcia: DO YOU THINK --

Slusher: MAYBE WE OUGHT TO PULL IT. I FEEL SOME DISCUSSION COMING ON.

Thomas: IT MUST BE -- MAYOR.

Mayor Garcia: I NEVER FELT THAT KIND OF -- [ LAUGHTER ]

Thomas: MAYOR, I DIDN'T FEEL THAT EITHER, BUT I DON'T -- I WAS HOPING THAT WE WOULD CLARIFY THAT ABOUT THE EXISTING ONES THAT WE ALREADY LOOKED AT. IF I CAN ANSWER IT, MAYBE HE'S TALKING ABOUT ON WHEN IT SAYS FOR PEDESTRIAN AND BIKE ON THE FRONTAGE ROAD WAS TRYING TO -- TO SEE IF IT WOULD BE FEASIBLE TO SAY ON THE FRONTAGE ROADS OF -- ON 35 AND 183, BUT NOT ON I-35. I HOPE THAT WILL HELP HIM A LITTLE BIT.

Slusher: OKAY. I WOULD -- ARE WE TALKING ABOUT BUDGET A BIKE LANE -- ABOUT PUTTING A BIKE LANE ON THE FRONTAGE ROAD ARE WE TALKING ABOUT HOW PEOPLE CAN GET ACROSS I-35 SAFELY?

Thomas: I THINK THE WHOLE THING IS THAT URBAN TRANSPORTATION WAS LOOKING AT WAS TO LOOK AT WHAT WE COULD DO THAT WOULD BE SAFE THAT WOULD -- ALSO FEASIBLE. I THINK IT'S NO SECRET ABOUT THE PEDESTRIANS AND BIKERS THAT HAVE BEEN KILLED. THAT WAS THE PURPOSE OF -- OF THE RESOLUTION. AS FAR AS GOING INTO DETAIL HOWER WE ARE GOING TO DO IT, THAT'S SOMETHING THAT WE WILL BE DISCUSSING TO COME BACK TO COUNCIL AS FAR AS HOW WE WOULD DO IT. QUITE NATURALLY, WE STILL HAVE TO DEAL WITH TEXDOT. SO -- THAT WAS THE PURPOSE OF IT, LOOKING INTO THAT.

Slusher: OKAY. IF I COULD JUST THEN MAKE A FRIENDLY AMENDMENT TO IT THAT WE LOOK AT THE -- HOW WOULD I PUT IT? THE -- JUST LOOKED AT ALL OF THE PRACTICES TO SEE IF THERE'S WAYS -- IF THERE ARE WAYS THAT CYCLISTS AND PEDESTRIANS CAN BE MORE SAFE AS WELL. BECAUSE UNFORTUNATELY NONE OF THESE ARE -- THESE ARE ALL HORRIBLE, HORRIBLE TRAGEDIES THAT HAPPENED, BUT A NUMBER OF THEM HAD FOLKS WHO WERE IMPAIRED IS THE TERM THAT THE POLICE DEPARTMENT USES FOR IT, AND WERE I THINK CROSSING WHERE THEY -- THEY REALLY SHOULDN'T BE ON THE HIGHWAY. SO MAYBE SOME PUBLIC EDUCATION, SOME STRONGER ENFORCEMENT TO -- STEERING PEOPLE ON TO THE SAFEST ROUTES. IF I COULD ADD THAT AS A FRIENDLY AMENDMENT.

Thomas: AS IN ALL PRACTICES --

Slusher: LOOK AT HOW TO PUBLIC EDUCATION AND STEERING PEOPLE ON TO THE SAFEST ROUTES.

Thomas: NO PROBLEM, NARROW.

BLEM, MAYOR.

Mayor Garcia: OKAY, MS. BROWN, DID YOU GET THAT FRIENDLY AMENDMENT? THEN 59 IS A CONSENT ITEM WITH THE CHANGES AS NOTED.

Slusher: LET ME ASK ONE MORE QUESTION, MAYOR. MS. FRUTRELL, THEN THAT WOULD ELIMINATE THE -- THE CONCERN THAT I HAD ON MY EARLIER QUESTION ABOUT HOW MUCH THIS WOULD COST BECAUSE WE ARE -- THIS NOW COULD BE DONE IN-HOUSE THROUGH OUR STAFF.

Futrell: MY UNDERSTANDING COUNCILMEMBER OF WHAT WE ARE BEING ASKED TO DO IS TAKE A LOOK AT THE EXISTING STUDIES, SEE IF THERE ARE ANY GAPS OR ANYTHING ADDITIONAL THAT NEEDS TO BE DONE, THEN TO SUMMARIZE FOR YOU AND TO COME BACK WITH WHAT OUR EXISTING STUDIES AND DATA SHOW. NOW, LISA, IS THAT --

THAT'S CORRECT. THAT'S WHAT WE DO, TRYING TO MAKE IT COMPREHENSIVE STUDY OF WHAT WE HAVE, IN INVENTORY, THEN WE CAN INCLUDE THE PUBLIC EDUCATION AND OUTREACH COMPONENT THAT YOU JUST ADDED IN TERMS OF --

Slusher: I'M SORRY. THAT WOULD INCLUDE LOOKING AT THE -- AT THE FATALITIES TO SEE IF THERE'S ANY PATTERN TO THAT.

YES, WE CAN HAVE THAT EVALUATION DONE AS PART OF THAT.

Slusher: OKAY.

Thomas: MAYOR?

Mayor Garcia: COUNCILMEMBER THOMAS?

Thomas: I GUESS IN THE FUTURE, IF WE DO NEED TO -- FUNDING, I THINK WE WERE TRYING TO -- WHAT THE IMPACT WOULD BE, WE WERE TRYING TO LOCATE, THERE WAS A SUGGESTION WHERE THE MONEY MIGHT WOULD COME FROM, THAT WAS FROM THE CAPITAL METRO. SO IF WE NEEDED TO -- THE QUESTION LEGALLY, I'M ASKING, CAN I LEAVE THAT PART IN THERE WITHOUT NEEDING TO ADDRESS THAT NOW? OR WILL WE COME BACK AND -- IF IT COMES UP --

Slusher: COUNCILMEMBER? CAN I --

Thomas: YES.

Slusher: SINCE THESE ARE STATE HIGHWAYS WE ARE TALKING ABOUT, I WOULD WANT TO FIRST -- IF WE COULD TAKE OUR DATA TO THE STATE HIGHWAY DEPARTMENT AND SAY HERE WE HAVE A PUBLIC SAFETY DANGER, I WOULD WANT TO APPEAL TO THEM FIRST AND -- TO DO SOMETHING ABOUT IT WITH THE FUNDS GIVEN TO US, PROVIDED FOR STATE HIGHWAYS RATHER THAN GO TO CAPITAL METRO FOR THAT.

Thomas: I HAVE NO PROBLEM WITH THAT. I'M JUST SAYING IF -- IF IT COMES TO THE POINT, I KNOW WHAT YOU ARE MEAN GOING BACK TO THE STATE. OKAY, WE WILL JUST LEAVE IT LIKE THAT FOR RIGHT NOW.

Slusher: I WOULD REALLY RATHER LEAVE THAT OUT BECAUSE THAT MIGHT SEND A MESSAGE, WE WILL JUST GO TO CAPITAL METRO. WE HAVE ALREADY OFFERED THAT UP AS A FUNDING SOURCE WHERE I WOULD REALLY RATHER KEEP IT AT WORKING WITH THE STATE ABOUT WELL, HERE'S SOME SAFETY PROBLEMS IN OUR JURISDICTION, OR IN OUR CITY, BUT IN THEIR JURISDICTION AND NOT RAISE THAT POSSIBILITY, WELL, WE MIGHT HAVE A POT OF MONEY TO PAY FOR IT, INSTEAD TRYING TO GET THEM TO PAY FOR IT. THERE WILL ALWAYS BE THAT OPTION THERE. I DON'T THINK WE ARE ELIMINATED BY TAKING IT OUT OF THE MOTION, I JUST WOULDN'T WANT TO PUT IT IN THERE TO OFFER IT UP YET BECAUSE THOSE ARE LIMITED FUNDS, TOO. I WOULD WANT TO GET THIS JOB DONE SAFETY-WISE BUT NOT OFFER THAT ALTERNATIVE ON THE FRONT END TO TEXDOT.

Thomas: OKAY.

Slusher: OKAY.

Thomas: MY CONCERN IS, MAYOR, JUST REALLY IS THE SAFETY REALLY.

Slusher: I AGREE.

Thomas: WAYS OF TRYING TO MAKE IT MORE SAFE FOR PEDESTRIANS AND BIKERS. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

THREE TRUCKS COLLIDED THIS MORNING. ONE OF THE TRUCK DRIVERS WAS PINNED IN HIS VEHICLE AND HE WAS TRANSPORTED TO BRACKENRIDGE HOSPITAL WITH NON-LIFE-THREATENING INJURIES. ONE OF THE TRUCKS CONTAINED A LOAD OF PIGS, AND SOME OF THE PIGS GOT LOOSE. I BELIEVE ABOUT 50 OF THE PIGS WERE KILLED IN THIS COLLISION. BUT THERE ARE A WHOLE BUNCH OF COLLISIONS THAT JUST DON'T MAKE THE FRONT PAGE OF THE NEWSPAPER. LAST MONTH -- NOT LAST MONTH, IN OCTOBER THERE WERE FIVE PEDESTRIANS ON AUSTIN STREETS. THAT IS A RECORD NUMBER FOR A SINGLE MONTH. AND YET, NONE OF THOSE FIVE PEDESTRIAN FATALLITIES MADE THE FRONT PAGE OF THE NEWSPAPER. LAST YEAR WE HAD A RECORD NUMBER OF PEDESTRIAN AND BICYCLIST FATALITIES, AND YET STILL THE NEWSPAPER HAS NOT REPORTED THAT FACT. I THINK THERE ARE SOME REAL PROBLEMS WITH WHAT GETS INTO THE REPORTING. THIS ISSUE IS ABOUT FATALITIES ON TXDOT HIGHWAYS. IT'S TRUE THAT THE CITY OF AUSTIN CAN'T TELL TXDOT WHAT TO DO; HOWEVER, WHENEVER I TALK TO THE PEOPLE AT TXDOT, THEY TELL ME THAT THEY WILL BE GLAD TO DO WHATEVER THE CITY OF AUSTIN ASKS THEM TO DO IN TERMS OF PROVIDING FOR PEDESTRIANS ON THEIR NEW FREEWAY. I WANT THE CITY OF AUSTIN TO GO ON RECORD LOUD AND CLEAR, AT THE VERY MINIMUM SHE WANT SIDEWALKS ON THE FRONTAGE YARDS OF U.S. 183 WHEN THAT FREEWAY IS BUILT. WE NEED SAFE PEDESTRIAN CROSSINGS, PARTICULARLY ON U.S. 183 WHERE PEDESTRIANS HAVE BEEN KILLED TRYING TO GET ACROSS THE HIGHWAY, AND ON INTERSTATE 35 WHERE PEDESTRIANS HAVE BEEN KILLED OR SERIOUSLY INJURED TRYING TO GET ACROSS THE HIGHWAY. THANK YOU. I DO HAVE A HANDOUT THAT I WANT TO PASS OUT TO YOU ABOUT THIS.

Mayor Garcia: WHY DON'T YOU GIVE IT TO COUNCILMEMBER THOMAS AND HE WILL DISTRIBUTE -- HE WILL SEND IT UP TO THE OTHER COUNCILMEMBERS. THANK YOU, MR. EDEN. COUNCIL, THAT'S ALL THE SPEAKERS THAT WE HAVE ON THE CONSENT AGENDA. FOR THOSE OF YOU THAT ARE HERE FOR THE FIRST TIME TO WATCH A COUNCIL MEETING, THE COUNCIL CONSIDERS THE ITEMS THAT ARE IN THE AGENDA WHEN THEY RECEIVE IT STARTING ON THE FRIDAY BEFORE THE THURSDAY. THEY GET THEIR QUESTIONS ANSWERED, AND IF THE ITEMS ARE ONES THAT CAN BE SUT PUTT ON CONSENT AGENDA, THEY ARE PLACED HERE AND THAT'S WHAT WE'RE CONSIDERING RIGHT NOW. LET ME READ THE CONSENT AGENDA. WE'VE HAD SOME CHANGES. ITEM 16, 18, FOR ALL THREE READINGS, 21 FOR ALL THREE READINGS. 22, 23, 24, 25, 26, 27, 28, 29, 30, 31. CITY ATTORNEY, DO -- CAN WE GO AHEAD AND DO 31 BEFORE WE HEAR THE EXECUTIVE SESSION ITEM ON THIS TOPIC?

WE CAN IF YOU'RE READY TO DO THAT.

Mayor Garcia: OKAY. 32, 33, 36, 37, 38 FOR SECOND AND THIRD READING, 39 FOR THIRD READING, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, GIVE, 56, 57, 58 WITH THE APPOINTMENTS READ INTO THE RECORD, 59 WITH THE CHANGES THAT WERE MADE AND ACCEPTED BY THE COUNCILMEMBER THAT PROPOSED THIS ITEM. 60, 61 FOR ALL THREE READINGS, 62 FOR ALL THREE READINGS. AND IN JUST A MINUTE, JUDGE, I'LL INTRODUCE YOU. 63 WITH THE CHANGES THAT WERE READ INTO THE RECORD. 64 WAS POSTPONED UNTIL NOVEMBER THE NINTH, '02. AND I FORGOT TO READ INTO THE RECORD THAT ITEM 17 WAS REPLACED BY ITEM 67. AND BOTH OF THOSE ITEMS WERE POSTPONED. 66 WAS POSTPONED UNTIL JANUARY THE 9TH. AND 67 IS CONSENT ITEM WITH COUNCILMEMBER ALVAREZ ABSTAINING. COUNCIL --

MAYOR, YOU READ 37, AND I DON'T -- AS BEING ON CONSENT, AND I DON'T THINK IT IS. I THINK THAT THERE'S -- THAT'S BEEN PULLED.

Mayor Garcia: 67 WAS PULLED?

37.

Mayor Garcia: 37, OKAY.

Slusher: MAYOR?

Mayor Garcia: 66 REPLACES ITEMITEMITEM 17 AND ITS PROPOSED UNTIL JANUARY THE 9TH ON 2003.

37 IS A DISCUSSION ITEM. 67 IS A CONSENT ITEM WITH COUNCILMEMBER ALVAREZ AN STRAINING.

MAYOR, AND 36 WAS STILL SECOND READING.

Mayor Garcia: 36 IS SECOND READING. I'M SORRY. THANK YOU VERY MUCH.

Slusher: AND PASSED ON FIRST READING.

Mayor Garcia: AS PASSED ON FIRST READING.

Slusher: AND MAYOR, I WANTED TO BE SHOWN AS VOTING NO ON 61 AND 63.

Mayor Garcia: 61 AND 63 WHAT ABOUT?

Slusher: SHOW ME VOTING NO.

Mayor Garcia: OKAY. ON ITEM NUMBER 62 WE APPOINTED -- WE APPROVED THIS ITEM. WE WILL APPOINT JUDGE MICHAEL COFFEE TO BE A FULL-TIME MUNICIPAL COURT JUDGE, AND ALSO WE WILL APPOINT HIM TO BE THE JUDGE OF THE DOWNTOWN AUSTIN COMMUNITY COURT DIVISION OF THE MUNICIPAL COURT. AND JUDGE COFFEE IS HERE. JUDGE, I INVITE YOU TO SAY A FEW WORDS.

MAYOR GARCIA AND MAYOR PRO TEM AND COUNCILMEMBERS. I WOULD LIKE TO THANK ALL OF YOU FOLKS FOR THE OPPORTUNITY TO BE HERE AND FOR THE SUPPORT THAT YOU'VE GIVEN TO ME, ALONG WITH THE STAFF OF THE CITY MANAGER AND THE EMPLOYEES OF THE AUSTIN COMMUNITY COURT AND OUR SISTER MUNICIPAL COURT AND THE JUDGES FROM THE MUNICIPAL COURT. THE JUDGES IN OUR MUNICIPAL COURTS CAN'T DO ANYTHING WITHOUT ALL OF YOUR SUPPORT AND HELP, AND WE DO APPRECIATE IT. I'M CERTAINLY EXCITED AND THRILLED TO BE ASKED TO DO THIS AND WE APPRECIATE THAT OPPORTUNITY AND WILL CERTAINLY DO MY BEST TO ENSURE THAT YOUR TRUST IS WELL-FOUNDED. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, JUDGE COFFEE. THE ORDINANCE GOES INTO EFFECT ON DECEMBER THE 22nd AT WHICH TIME HE WILL SWITCH FROM BEING PART TIME TO FULL TIME. THAT'S ALL THE ITEMS THAT WE HAVE ON THE CONSENT AGENDA. FURTHER DISCUSSION OF THE CONSENT AGENDA? I'LL ENTERTAIN A MOTION ON IT.

Thomas: SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, AND I WILL SECOND THAT MOTION. AND LIKE I INDICATED EARLIER, COUNCILMEMBER SLUSHER IS VOTING NO ON 61 AND 63, AND COUNCILMEMBER ALVAREZ IS ABSTAINING ON ITEM NUMBER 67. FURTHER DISCUSSION ON THE CONSENT AGENDA? COUNCILMEMBER ALVAREZ?

Alvarez: ARE WE GOING TO TAKE ANY MORE INPUT? ARE THERE NO MORE SPEAKERS?

Mayor Garcia: NO MORE SPEAKERS.

Alvarez: I DID WANT TO COMMENT ON ONE ITEM. I THINK IT'S AN ITEM THAT THERE'S A LOT OF INTEREST IN BECAUSE IT'S A REALLY IMPORTANT ITEM, NUMBER 50 RELATING TO CITY HALL. AWARDING THE CONTRACT SELECTION -- SELECTING THE FIRM TO MANAGE THAT CONSTRUCTION PROCESS. AND I KNOW THERE WERE SOME GOOD FIRMS WHO APPLIED AND IT'S A NEW PROCESS THAT THE CITY HAS GONE THROUGH IN TERMS OF EVALUATING THE SUBMITTALS, BUT YESTERDAY WE HAD A BRIEFING THAT WE ALL HEARD AT THE WORK SESSION, AND STAFF, WITH THEIR DILIGENCE, THE AMOUNT OF WORK THEY PUT INTO THIS PROJECT, WERE ABLE TO CUT A MONTH OFF THE SCHEDULE THAT THEY HAD ANTICIPATING WHAT IT WOULD TAKE TO TAKE US THROUGH THIS PROCESS SINCE IT IS THE FIRST TIME TO USE THAT APPROACH. AND YOU DON'T CUT OFF A MONTH NECESSARILY JUST BY WAVING A MAGIC WAND. IT MEANS PEOPLE WORK DOUBLE AND TRIPLE TIME IN ORDER TO MAKE THAT HAPPEN. SO I PERSONALLY WANTED TO COMMEND STAFF FOR THEIR VERY HARD WORK ON THIS PARTICULAR ITEM OVER THE LAST TWO OR THREE MONTHS.

Mayor Garcia: THANK YOU, COUNCILMEMBER ALVAREZ. AND YES, WE ARE GOING TO HAVE A CITY HALL IN AUSTIN AS SOON AS WE CAN GET UNDERWAY. MOTION BY COUNCILMEMBER THOMAS ON THE CONSENT AGENDA. I SECONDED THAT MOTION. FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES WITH THE NAY'S AS NOTED AND THE ABSTENTIONS AS NOTED EARLIER. WE'LL TAKE ABOUT A MINUTE HERE TO ALLOW PEOPLE TO -- AT THIS TIME I'M GOING TO ANNOUNCE THAT THE COUNCIL IS GOING BACK TO EXECUTIVE SESSION TO RECEIVE ADVICE FROM OUR -- UNDER PRIVATE CONSULTATION WITH OUR ATTORNEY UNDER SECTION 551.071, WE WILL CONTINUE THE DISCUSSIONS. AND THE COUNCIL WILL BE TAKING UP ITEM 5 FIRST, WHICH IS THE LEGAL ISSUES RELATED TO CHAPTER 5-7 OF THE CODE, THE MINORITY OWNED AND WOMEN OWNED BUSINESS ENTERPRISE PROCUREMENT ORDINANCE. ITEM NUMBER 6, WHICH IS DISCUSS LEGAL ISSUES RELATED TO PROPOSED PROFESSIONAL SERVICES. THE COUNCIL HAS STARTED THAT DISCUSSION AND WILL BE CONTINUING IT, SO WE'LL START WITH THAT ONE FIRST, AND ITEM 3, WHICH IS TO DISCUSS LEGAL ISSUES RELATED TO BARBARA OAKLEY AS LEGAL GUARDIAN FOR RICHARD DANZIGER VERSUS THE CITY OF AUSTIN AT ALL CASE NUMBER AO 2 CA 711 JN AND CHRISTOPHER OCHOA VERSUS CITY OF AUSTIN, CASE NUMBER AO 2 CA 710 JN IN THE UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF TEXAS. AND THE LAST ONE IS TO RELATE DRAFT ISSUES IN THE HAZARDOUS PIPELINE ORDINANCE. AND WE WILL NOT BE -- THE EXECUTIVE SESSION ITEM FOR PUBLIC POWER UTILITY COMPETITIVE HAS BEEN CANCELLED AND WILL NOT BE DISCUSSED TODAY. THE COUNCIL IS IN EXECUTIVE SESSION AND WE PROBABLY WILL RETURN IN AN HOUR AND 10 MINUTES, AND WHEN WE RETURN WE WILL TAKE UP THE AGENDA STARTING WITH THE FIRST ITEM THAT WAS PULLED, WHICH WAS ITEM 19. WE'RE IN EXECUTIVE SESSION.

SOUND CHECK, SOUND CHECK, SOUND CHECK, SOUND CHECK. TEST TEST TEST THIS IS A TEST, TEST TEST TEST THIS IS A TEST OF THE AUSTIN CITY COUNCIL. AHFC,.

Mayor Garcia: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBER OF COMMERCE BERGSTROM, I'M GOING TO CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL OF DECEMBER THE 12th 12TH, AT THIS TIME WE ARE GOING TO -- TO THE 3:00 TIME CERTAIN, SO I WILL ENTERTAIN A MOTION TO RECESS THE REGULAR MEETING OF THE COUNCIL, SO THAT WE CAN DO THE 3:00 TIME CERTAIN.

Thomas: SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER WYNN. WE ARE IN RECESS. ALL IN FAVOR.

AYE.

OPPOSED, NO.? MOTION CARRIES ON A VOTE OF 7 TO 0. WE ARE IN RECESS. AT THIS TIME, I'M GOING TO SIT DONE. I'M GOING TO CALL TO ORDER THE MEETING OF THE BOARD OF DIRECTORS OF THE AUSTIN HOUSING FINANCE CORPORATION, THE BOARD MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION HAS THREE ITEMS. AND THEY ARE IN A SEPARATE AGENDA, THE FIRST ONE IS AHFC 1 APPROVAL OF THE MINUTES FOR THE AUSTIN HOUSING FINANCE CORPORATION SPECIAL CALLED MEETING OF NOVEMBER 7th, 2002. IS THERE A MOTION?

Goodman: MOVE APPROVAL.

Mayor Garcia: MOTION BY VICE-PRESIDENT GOODMAN, IS THERE A SECONDED? SECONDED BY BOARD MEMBER WYNN. ANY CHANGES AND CORRECTIONS? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. ITEM NO. 2, MR. --

GOOD AFTERNOON, BOARD MEMBERS, I'M ROGER ARRIGRA, ITEM NO. 2 REQUESTS YOUR APPROVAL TO REAPPOINT MICHAEL McDONALD, MYSELF, ROGER ARRIAGA AN LUPE MORIN TO THE ASH BORES AT CREEKSIDE NON-PROFIT CORPORATION. IT'S A GENERAL PARTNER IN THE DEVELOPMENT OF THE PRIMROSE OF SHADOW CREEK. FORMERLY THE ARBORS AT CREEKSIDE. IT'S A 176 UNIT SENIOR CITIZEN APARTMENT COMPLEX. THE BOARD OF DIRECTORS IS APPEAR POINTED TO SERVE A TWO YEAR TERM.

Mayor Garcia: HOW LONG OF A TERM?

TWO YEARS.

> TWO YEARS.

THREE YEAR TERM? IS THERE A MOTION ON ITEM NO. 2? MOTION BY VICE-PRESIDENT GOODMAN, IS THERE A SECOND? SECONDED BY COUNCILMEMBER -- I MEAN BOARD MEMBER WYNN. DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. AHFC-3.

ITEM NO. 3 SEEKS YOUR APPROVAL TO MODIFY THE MAXIMUM ALLOWABLE PURCHASE PRICE OF AN EXISTING HOME TO EQUAL $175,593 AND TO $205,677 FOR A NEWLY CONSTRUCTED HOME PURCHASED THROUGH THE AHFC MORTGAGE CREDIT CERTIFICATE PROGRAM. THIS ITEM IS A COMPANION PIECE TO THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT CITY COUNCIL AGENDA, ITEM NO. 33, WHICH WILL ALLOW THE TRAVIS COUNTY HOUSING FINANCE CORPORATION TO ISSUE SINGLE FAMILY BONDS IN THE AUSTIN CITY LIMITS. THE PROPOSED INCREASE TO THE PURCHASE PRICE LIMITS WOULD MATCH WHAT TRAVIS COUNTY IS CURRENTLY ALLOWING THROUGH ITS HOUSING PRICE LIMITS. THE TRAVIS COUNTY HOUSING FINANCE CORPORATION REQUIRES A RESOLUTION PASSED BY COUNCIL BEFORE IT CAN USE THE PROCEEDS OF THIS REFINANCING BOND ISSUE TO MAKE LOANS INSIDE THE AUSTIN CITY LIMITS. AND COUNCIL APPROVAL WOULD SATISFY THE STATE LAW. APPROVAL OF THIS ITEM AUTHORIZES THE AUSTIN HOUSING FINANCE CORPORATION TO MODIFY ITS MORTGAGE CREDIT CERTIFICATE PROGRAM TO ASSURE [INAUDIBLE] BEFORE DECEMBER 31st, 2003.

I HAVE A QUICK QUESTION, ROGER. WITHOUT GOING THROUGH THE TECHNICALITIES OF HOW ALL OF THESE CREDITS WORK, DOES THIS MODIFICATION MEAN THAT A PERSON CAN USE THIS CERTIFICATE -- THESE CERTIFICATES TO BUY A HOME, AN IMISING EXISTING HOME OF $175,000?

THAT IS CORRECT. UP TO THAT AMOUNT, THAT'S THE MAXIMUM. THOSE AMOUNTS ARE MATCHING WHAT TRAVIS COUNTY WOULD BE ALLOWED TO ISSUE INSIDE THE CITY LIMITS AND SINCE THE TRAVIS COUNTY IS ISSUING SINGLE FAMILY BONDS AND MORTGAGE CREDIT CERTIFICATES ARE GENERATED OUT OF SINGLE FAMILY BOND AUTHORITY, WE WANTED THEM TO MATCH.

Mayor Garcia: OKAY. WHO CAN BUY THESE HOMES? AS FAR AS MEDIAN FAMILY INCOME, M.F.I.

IF THE MORTGAGE CREDIT CERTIFICATES ARE ALLOWABLE UP TO 115% OF THE MEDIAN FAMILY INCOME. MOST OF OUR OTHER PROGRAMS ARE LIMITED TO 80%.

THIS ONE GOES TO 115. THIS IS MORE FOR MODERATE INCOME PEOPLE.

THAT IS CORRECT.

Mayor Garcia: OKAY. AND WHAT IS M.F.I. FOR A FAMILY OF FOUR?

FOR A FAMILY OF FOUR, IT'S ROUGHLY 72, 73,000 FOR TOTAL INCOME.

Mayor Garcia: SO THAT'S 115% OF THAT.

RIGHT.

OKAY.

Mayor Garcia: QUESTIONS ON THIS ITEM? IF NOT I WILL ENTERTAIN A MOTION TO APPROVE THE ITEM.

Thomas: SO MOVE.

Dunkerly: MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS -- I MEAN BOARD MEMBER THOMAS, SECONDED BY BOARD MEMBER DUNKERLY. FURTHER DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION, MOTION BY BOARD MEMBER SLUSHER, SECONDED BY BOARD MEMBER DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. NOW, I WILL COME BACK TO ORDER -- I WILL CALL BACK TO ORDER THE REGULAR MEETING OF THE AUSTIN STOP YOU FOR DECEMBER THE 12th OF THE YEAR 2002 AND WE WILL GO TO OUR 4:00 TIME CERTAIN, AND I SEEM TO HAVE LOST MY -- THE DEVELOPMENT REVIEW AND INSPECTION FOLKS. MS. GLASGO? MR. GUERNSEY. WE ARE TO THE 4:00 TIME CERTAIN AND WE HAVE, I GUESS, LET'S SEE, WE HAVE 8 ITEMS.

Glasgo: GOOD AFTERNOON, MAYOR AND COUNCIL.

Mayor Garcia: GOOD AFTERNOON, MS. GLASGO, HOW ARE YOU.

FINE, THANK YOU, OUR ZONING CASES FOR TODAY ARE AS FOLLOWS, Z-1 WILL BE DISCUSSION. ON ITEM Z-2, C 14 H-02-8 STAFF IS REQUESTING A POSTPONEMENT TO JANUARY THE IT OF 2003. JANUARY THE 9th OF 2003.

Mayor Garcia: JANUARY WHAT?

Glasgo: THE 9th, '03. WE ARE GOING TO BE DISCUSSING TRACT 2 ON ITEM Z-3 AND WE WILL COME BACK TO THAT. ITEM NO. Z-4, C14-02-156 LOCATED AT THE WEST SIDE OF RIVER PLACE BOULEVARD, THE APPLICANT IS SEEKING A CHANGE FROM SINGLE FAMILY 5, WHICH STAND FOR URBAN FAMILY RESIDENCE, TO SINGLE FAMILY 6, TOWNHOUSE.

Connor: RESIDENCE. THE ZONING AND PLATTING COMMISSION IS TO GRANT SINGLE FAMILY 6 ZONING ON FIRST READING. WE WILL SKIP Z-5 WE WILL BE DISCUSSING THAT BRIEFLY. ITEM NO. Z-6, C14-02-170, LOCATED AT 601 AIRPORT BOULEVARD, THE CHANGE IN ZONING IS FROM SINGLE FAMILY 3 RESIDENCE TO P PUBLIC. THE PLANNING COMMISSION RECOMMENDATION IS TO GRANT P PUBLIC ZONING AND THIS CASE IS READY FOR ALL THREE READINGS. ITEM NO. Z-7, CASE C14-02-176 LOCATED AT 616 WEST POW WE WILL LANE, THE CHANGE IN -- POWELL LANE FROM CS-CO GENERAL COMMERCIAL SERVICES CONDITIONAL OVERLAY TO CSCO, SAME ZONING DISTRICT, THE APPLICANT IS SEEKING A CHANGE TO ADD A PREVIOUSLY DELETED USE. THIS CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. ITEM NO. Z-8, C14-02-177, LOCATED AT 700 WEST POWELL LANE THE CHANGE IS ZONING FROM CS-CO GENERAL COMMERCIAL SERVICES WITH A CONDITIONAL OVERLAY, THE APPLICANT IS SEEKING TO MODIFY THE CONDITIONAL OVERLAY TO ALLOW A USE THAT WAS PREVIOUSLY PROHIBITED. THE CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. THAT CONCLUDES ALL OF THE CONSENT ITEMS MAYOR AND COUNCIL.

Mayor Garcia: THANK YOU, MS. GLASGO. LET ME SUMMARIZE. NUMBER 2 CONSENT FOR POSTPONEMENT TO JANUARY THE 9th, IN '03. 4 IS CONSENT FIRST READING. 6 IS CONSENT FOR THREE READINGS. 7 AND 8 ARE CONCEPT FOR THREE READINGS. CONSENT FOR THREE READINGS. ARE THERE ANY QUESTIONS FROM STAFF ON THE CONSENT ITEMS? IF NOT I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON THOSE ITEMS. MOTION BY COUNCILMEMBER DUNKERLY, SECONDED BY COUNCILMEMBER WYNN TO CLOSE THE PUBLIC HEARINGS, ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION PASSES. BY 7-0 FOR THE CLOSING OF THE PUBLIC HEARING, NOW I WILL ENTERTAIN A PUBLIC MOTION -- A MOTION ON THE CONSENT AGENDA. LET ME FIRST IF I HAVE ANYBODY SIGNED UP TO SPEAK. NO, I DON'T HAVE -- I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING -- I MEAN TO APPROVE THE ITEMS ON THE CONSENT AGENDA.

WYNN: SO MOVE, MAYOR.

Goodman: SECOND.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN, SECONDED BY THE MAYOR PRO TEM. DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. MS. GLASGO, WE GO TO Z-1.

Z-1 IS CASE C 14-86-25, ON EAST ST. ELMO ROAD. THE REQUEST HERE IS TO AMEND -- TO AMEND A RESTRICTIVE COVENANT THAT PERTAINS TO ACCESS ON TO A PARTICULAR ROADWAY. THE -- THE RESTRICTIVE COVENANT WAS CREATED IN 1986. IT WAS OFFERED BY THE KENSINGTON PARK HOMEOWNERS ASSOCIATION. THE SUBJECT PROPERTY CONSISTS OF SINGLE FAMILY RESIDENTS, ZONING HAS FRONTAGE ON ST. ELMO ROAD AND THE -- AND THE ITEM IN THE COVENANT THAT NEEDS TO BE AMENDED IS ITEM 1, WHICH STATES THAT NO ACCESS FROM TRACT 1 ON TO EAST ST. ELMO ROAD SHALL BE ALLOWED. THE ENTIRE PROJECT COMPRISED MORE ACREAGE THAN THE SUBJECT TRACT. SO THE -- THE APPLICANT IS SEEKING TO AMEND THE COVENANT BY DELETING THAT ACCESS SO THAT THEY CAN PROVIDE ACCESS TO THE TRACT TO TRACT 2 AND NOT -- I'LL HAVE A MAP UP HERE SHORTLY. THE MAP IN FRONT OF YOU SHOWS YOU A PIECE OF PROPERTY THAT WAS IN THE MIDDLE, SOUTH OF THE CREEK, THAT IS THE TRACT THAT WAS PROHIBITED FROM HAVING ACCESS TO ST. ELMO ROAD. SO THE COVENANT IS TO ALLOW ACCESS FROM ST. ELMO TO THE -- TO THIS TRACT THAT IS IN THE MIDDLE. THE STAFF RECOMMENDATION IS TO AMEND THE RESTRICTIVE COVENANT IN ORDER TO AMEND THE ACCESS PROHIBITION TO EAST ST. ELMO ROAD SO THAT ACCESS COULD BE TAKEN FROM BOTH EAST ST. ELMO ROAD AND SOUTH PLEASANT VALLEY ROAD IN ORDER TO ACHIEVE THE FOLLOWING BENEFITS: ONE, AN ADDITIONAL CONNECTION WILL MORE EFFICIENTLY DISPERSE PROJECT GENERATED TRAFFIC, DECREASE EMERGENCY RESPONSE TIMES AND PROVIDE FOR AN EFFECTIVE DELIVERY OF CITY SERVICES, AS WELL AS PROVIDE FOR PEDESTRIAN ACCESS AND, SECONDLY, THE MULTI-FAMILY ZONING ON THE SITE WILL RESULT IN SIGNIFICANTLY LESS INTENSIVE USES AND TRAFFIC THAN THE PREVIOUS ZONING. SO WE FEEL LIKE THAT ACCESS AS PROPOSED BY THE APPLICANT WOULD BE APPROPRIATE FOR THIS LOCATION. I WILL PAUSE HERE AND LET -- LET THE APPLICANT MAKE HIS CASE APPEARED STAFF WILL BE ABLE TO -- AND STAFF WILL BE ABLE TO RESPOND TO QUESTIONS AS THEY ARRIVE. THANK YOU.

Mayor Garcia: THANK YOU, MS. GLASGO. ON BEHALF OF THE APPLICANT, AMELIA LOPEZ PHELPS. GURP GURN MAYOR AND COUNCIL, GREG GUERNSEY, NEIGHBORHOOD ZONING, THIS PROPERTY HAS JUST BEEN SOLD IN THE PAST WEEK OR SO. AND DOCUMENTS THAT ARE ON THE DAIS ARE FOR THE PRIOR OWNERS, NOT THE CURRENT OWNER OF THE PROPERTY. WE DON'T HAVE DOCUMENTATION THIS EVENING TO VERIFY OWNERSHIP APPEARED THE PERSON -- AND THE PERSON THAT'S REPRESENTING THE COMPANY THAT DOES OWN THE PROPERTY IS IN DALLAS. AND CANNOT BE REACHED AT THIS POINT. SO THEREFORE STAFF WOULD -- WOULD SUGGEST THAT THIS CASE ACTUALLY BE POSTPONED UNTIL YOUR NEXT MEETING. THAT WAY WE CAN GET WITH THE OWNER TO GET THE DOCUMENTS. PROOF OF OWNERSHIP. GET NEW SIGNATURES ON THE APPLICATION. AND IT WOULD BE THE -- THE SAME --

Mayor Garcia: PROCESS.

Gurnsey: SAME PROCESS, EVERYTHING THE SAME, BUT WITH THE TRANSACTION JUST OCCURRING --

Mayor Garcia: I WILL ENTERTAIN A MOTION TO POSTPONE THIS ITEM TO JANUARY THE 9th.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, IS THERE A SECOND? SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. ITEM IS POSTPONED UNTIL JANUARY THE 9th OF '03. Z-3?

Glasgo: ITEM NO. Z-3 IS CASE C14-02-145 AND THIS CASE IS LOCATED AT 1,000 DALTON LANE FOR TRACT 1 AND 912 DALTON LANE FOR TRACT 2. STAFF IS REQUESTING AN INDEFINITE POSTPONEMENT TO TRACT 1 SIMPLY BECAUSE IT FALLS WITHIN THAT PORTION OF CARSON CREEK WATERSHED THAT THE WATERSHED PROTECTION STAFF ARE CURRENTLY STUDYING. TRACT 2, ON THE OTHER HAND, DOES NOT FALL WITHIN THE STUDY AREA, IT'S JUST -- NOT AFFECTED BY THE STUDY. AND FOR THAT REASON, WE CANNOT -- WE CAN DISCUSS TRACT 2. WE CAN POSTPONE TRACT 1 INDEFINITELY, BUT THE APPLICANT FOR TRACT 2 WOULD LIKE TO PROCEED AND STAFF DOES RECOMMEND THAT WE CAN ZONE TRACT 2. THE REQUEST IN -- IN ZONING IS FROM INTERIM RURAL RESIDENTIAL FOR TRACT 2 TO L.I. THE PLANNING -- THE ZONING AND PLATTING COMMISSION RECOMMENDATION WAS TO GRANT G.R.-C.O. ZONING ON THE TRACT AND THE OPENER DOES NOT AGREE TO THAT. HE WOULD PREFER THE STAFF'S RECOMMENDATION, WHICH IS INDUSTRIAL ZONING L.I. THIS IS AN AREA THAT IS APPROPRIATE FOR L.I. ZONING AND WE FEEL LIKE SOME L.I. OUGHT TO GO SOMEWHERE IN THE CITY, THIS ONE AREA THAT SEEMS TO BE APPROPRIATE FOR L.I. ZONING. THAT'S THE STAFF RECOMMENDATION, BUT THE ZONING AND PLATTING COMMISSION RECOMMENDATION IS G.R.-C.O. WITH A PROHIBITION OF SEVERAL USES. AND AT THIS POINT I WILL JUST PAUSE HERE AND LET THE APPLICANT MAKE HIS PRESENTATION AND THEN I CAN RESPOND TO QUESTIONS THEREAFTER. THANK YOU.

Goodman: MAYOR, BEFORE ALICE LEAVES --

Mayor Garcia: MAYOR PRO TEM?

Goodman: LET ME JUST ASK YOU, ALICE, ON THE MAP, ACROSS FROM THIS PIECE OF PROPERTY ON DALTON LANE, IS EVERYTHING OVER THERE INTERIM R.R.?

Glasgo: YES, IT APPEARS TO BE INTERIM R.R. STILL.

Goodman: OKAY. OKAY.

Mayor Garcia: LET ME JUST DO -- DO A QUICK ANNOUNCEMENT. MR. LEE SLOAN AND MR. JACK HOWISON WERE HERE TO SPEAK ON ITEM Z-1. I DIDN'T CALL YOU, BUT THIS ITEM HAS BEEN POSTPONED UNTIL JANUARY THE 9th. SO ... OKAY. I WILL BE RIGHT WITH YOU, MR. HARRIS. MR. JERRY HARRIS, AND THEN MYRON DORNIC, HE WILL SPEAK ONLY IF NECESSARY, MR. HARRIS.

THANK YOU, MAYOR, MEMBERS OF CITY COUNCIL, GOOD AFTERNOON, MY NAME IS JERRY HARRIS, I'M WITH BROWN MCCAROL, I'M REPRESENTING THE APPLICANTS IN THIS CASE, ALONG WITH MYRON DORNIC WITH JENKINS AND GILCHRIST. THIS CASE HAS TWO ENTIRELY SEPARATE TRACTS BY THE WAY, TRACT 1 AS WE JUST FOUND OUT IS GOING TO BE POSTPONED. IT HAS AN EXISTING USE ON IT, BECAUSE THAT EXISTED USE HAPPENED TO FIT THE G.R.-C.O. CATEGORY, WE AGREED TO ACCEPT G.R. INSTEAD OF THE STAFF RECOMMENDATION OF L.I.-C.O. ON THAT TRACT. WHEN WE MADE THAT AGREEMENT, WE PROBABLY DID NOT GIVE ENOUGH CONSIDERATION TO DENNIS AND ALICE KERWIN'S TRACT, TRACT 2, FIVE ACRES OF THE 30 ACRES. TRACT 1 BEING 25 ACRES. THEY DO NOT HAVE AN EXISTING USE. THEY HAVE HAD A RESIDENCE THERE FOR 25 YEARS, WHERE THEY LIVED THERE AND RAISED THEIR SON THERE. THEY HAVE BEEN LOOKING FORWARD TO THE OPPORTUNITY AFTER THE AIRPORT GOT SETTLED AND EVERYTHING TO MARKET THEIR TRACT AND MOVE ON. THEY HAVE BEEN ADVISED BY VARIOUS PEOPLE, WHICH I THINK IS TRUE, THAT THEIR OPPORTUNITIES ARE GREATLY INCREASED IF THEY HAVE L.I. AS OPPOSED TO G.R., WHICH TRACT 2 CAN LIVE WITH FOR PARTICULAR ESTABLISHED USE. THEREFORE THIS AREA IS IN THE AIRPORT OVERLAY ZONE 3. IT'S THE PREFERRED USES ARE COMMERCIAL INDUSTRIAL, JUST THE TRACT DOWN THE ROAD GOT L.I.-C.O. A YEAR OR TWO AGO. AND SO IT'S OUR REQUEST THAT YOU HONOR THE STAFF RECOMMENDATION ON THE L.I.-C.O. AND THE KERWIN'S DESIRE TO HAVE L.I.-C.O., THAT'S OUR REQUEST. AND WE ARE STILL GOING TO STICK WITH THE G.R.-C.O. ON TRACT 2 WHEN AND IF IT COMES BACK AFTER THE FLOODPLAIN ISSUE IS RESOLVED. WHICH WAS A COMPLETE SURPRISE AND UNKNOWN TO US UP UNTIL THIS TIME. BUT WEED IN WHERE THE STAFF IS COMING FROM. I WILL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE ABOUT TRACT 2, THE FIVE ACRES ON BALLOT TON LANE, WHICH I -- DALTON LANE, WHICH I BELIEVE THE L.I.-C.O. WOULD BE APPROPRIATE TO MOVE FORWARD ON AT THIS PARTICULAR TIME. IF THERE'S ANY QUESTIONS I WILL BE GLAD TO ANSWER THEM.

Mayor Garcia: QUESTIONS FOR MR. HARRIS? NO?

AND UNLESS YOU HAVE OTHER QUESTIONS OR DESIRE TO HEAR FROM SOMEONE ELSE, THAT'S GOING TO BE THE APPLICANT'S PRESENTATION.

Mayor Garcia: OKAY, MR. DORNIC IS REGISTERED IN FAVOR OF -- MR. DORNIC ARE YOU HERE? YOU ARE NOT WISHING TO SPEAK?

I WILL JUST SAY THAT WE ARE REPRESENTING THE OPERATOR ON THIS SITE. THIS ZONING APPLICATION WAS MADE JUST TO PROTECT THE EXISTING USE SO THAT THAT USE, SOME OF THE IMPROVEMENTS CAN BE MADE THAT WOULD ACTUALLY BENEFIT THE PROPERTY, SOME OF PAVING AND ALL, WEED IN STAFF'S CAUTION. -- WE UNDERSTAND STAFF'S CAUTION, BUT IT WOULD BE SOMEWHAT EXPENSIVE FOR US TO CONTINUE THIS SITE WITHOUT BEING ABLE TO DO SOME PAVING, DO WATERING, WE WOULD LIKE THAT TO BE TAKEN INTO CONSIDERATION.

Mayor Garcia: THANK YOU. THAT'S ALL OF THE SPEAKERS THAT WE HAVE. ARE THERE ANY QUESTIONS FOR MR. DORNIC OR MR. HARRIS? IF NOT, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER SLUSHER, IS THERE A SECOND? SECONDED BY COUNCILMEMBER DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

THE PUBLIC HEARING IS CLOSED ON A VOTE OF 7 TO 0. AGAIN, MS. GLASGO, THIS WOULD BE, WHAT ACTIONS ARE REQUIRED AGAIN?

THE ACTION THAT WOULD BE REQUIRED HERE IS TO -- TO CONSIDER EITHER L.I. ZONING AS RECOMMENDED BY STAFF FOR TRACT 2 OR L.I.C.O. -- THAT'S A STAFF RECOMMENDATION OR G.R.-C.O. AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION, THE APPLICANT IS IN FAVOR OF THE STAFF RECOMMENDATION, THAT'S WHAT YOU NEED TO CONSIDER FOR TRACT 2. TRACT 1 WE ARE RECOMMENDING AN INDEFINITE POSTPONEMENT UNTIL WE HAVE SOME FEEL FROM THE WATERSHED STAFF FROM AN ENGINEERING STANDPOINT WHETHER THIS PROPERTY IS IN THE 25 YEAR FLOODPLAIN OR NOT FOR TRACT 1. SO -- SO DOES THAT -- DOES THAT CLARIFY?

Mayor Garcia: I WILL ENTERTAIN A MOTION TO POSTPONE TRACT 1 UNTIL THE -- UNTIL THE ISSUES OF WATERSHED ARE RESOLVED.

Slusher: IS IT TRACT 1 OR 2?

Mayor Garcia: TRACT 1.

Slusher: OKAY. I WILL ACCEPT THAT.

Mayor Garcia: WITH INDEFINITE POSTPONEMENT AT THIS TIME, MS. GLASGO? SECONDED BY COUNCILMEMBER DUNKERLY. DISCUSSION?

WYNN: MAYOR, JUST A QUICK QUESTION. MS. GLASGO, REMIND ME, THESE TRACTS WERE PART OF THE ANNEXATION TWO YEARS OR SO AGO, I GUESS ISN'T ONE OF THE ISSUE GOES -- A SECONDARY ISSUE, BUT BENEFICIAL TO THE PROPERTY OWNERS IS THAT FOR THEM TO GET THEIR ZONING CASE IN PRIOR TO SOME WINDOW OF -- OF TIME AFTER ANNEX TO AVOID SOME -- AFTER ANNEXATION TO AVOID FEES OR SOMETHING -- BY DEFINITELY POSTPONING A ZONING CASE LIKE THIS DO WE PERHAPS VOID THAT OPPORTUNITY FOR THE PROPERTY OWNERS?

Glasgo: NO. THIS WASN'T PART OF THE AREA THAT WAS ANNEXED MOST RECENTLY. THAT WAS TOWARDS THE AIRPORT. THIS WASN'T PART OF THAT ANNEXATION. HOWEVER, WHEN WE POSTPONE INDEFINITELY, SINCE STAFF IS ASKING FOR THE POSTPONEMENT, THE APPLICANT WILL NOT HAVE TO INCUR A FEE FOR RENOTIFICATION.

WYNN: THANK YOU.

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

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. ON TRACT 2, IS -- THE STAFF IS RECOMMENDING L.I.-C.O., PLANNING COMMISSION -- ZONING AND PLATTING ARE RECOMMENDING G.R.-C.O.

YES, MAYOR.

I WILLENT CONTINUE A MOTION ON BOTH. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

Mayor Garcia: DISCUSSION?

Goodman: MAYOR PRO TEM AND THEN COUNCILMEMBER WYNN.

> Goodman: I JUST WANT TO ASK ABOUT THAT INTERIM RURAL RESIDENTIAL THAT I TALKED ABOUT EARLIER, SO THAT ZONING DOES NOT REFLECT ANY LAND USE THAT WE COULD ACTUALLY LET HAPPEN. AND ALL OF THAT WILL EVENTUALLY NEED TO BE REZONED AS WELL.

EVENTUALLY IT WILL NEED TO BE REZONED, BUT THE AIRPORT OVERLAY WILL OVERRIDE ANYTHING THAT EXISTS TODAY BECAUSE THE OWNER IS VERY AWARE OF RECOGNIZING THOSE SUBDIVISIONS THAT WERE EITHER CREATED BY A CERTAIN DATE, THOSE HOMES COULD BE THERE, BUT ANYTHING THAT IS ZONED -- WELL, GOING FORWARD, ANYTHING NEW CANNOT -- LET ME REPHRASE. ANY NEW DEVELOPMENT THAT HAS HOUSING CANNOT OCCUR UNDER THE ORDINANCE THE COUNCIL PASSED RECENTLY RELATING TO THE NOISE AND THE OVERLAY ORDINANCE.

JUST FOR CLARIFICATION, JUST FOR HE EASILY UNDERSTANDABLE EXPECTATIONS WHEN YOU LOOK AT THE ZONING MAPS, SHOULDN'T WE THEN NAISH 80 REZONING OF THE INTERIM RURAL RESIDENTIAL SO THAT WHEN YOU LOOK AT THE MAP YOU UNDERSTAND THAT THAT IS NOT POSSIBLY GOING TO BE DEVELOPED RESIDENTIAL AND IT'S ALSO NOT GOING TO GIVE FALSE EXPECTATIONS FOR THOSE WHO WOULD THEN FOINT POINT FOR THE O. -- POINT TO THE INCOMPATIBILITY OF CERTAIN USES NEXT TO RESIDENTIAL AND WOULD PERHAPS REACT ACCUSINGLY IF A MORE INDUSTRIAL OR LESS INDUSTRIAL USE WAS BESIDES THIS PLACED IN THIS AREA.

Glasco: I UNDERSTAND YOUR CONCERN. WE WERE HOPING OBVIOUSLY A WAY TO ADDRESS INTERIM ZONING, BUT SINCE -- THROUGH THE NEIGHBORHOOD PLANNING PROCESS, SINCE WE'RE PLANNING AND REZONING AT THE SAME TIME, THAT WE WOULD EVENTUALLY GET ALL THOSE INTERIM DESIGNATIONS ELIMINATED. BUT IN THIS PARTICULAR AREA THAT IS CLOSER TO THE AIRPORT, WHILE YOU MIGHT HAVE SOME INTERIM ZONING BECAUSE WE JUST REZONED A CHUNK OF THE WEST SIDE OF THIS AREA ALREADY, THAT EVENTUALLY IT WILL COME DOWN TO THIS AREA, BUT THE AIRPORT OVERLAY ZONE WILL PROVIDE THE PROTECTION BECAUSE SOMEONE CAN GO GET A BUILDING PERMIT FOR A NEW HOME BECAUSE THAT ORDINANCE PROHIBITS ANY NEW HOUSING.

Goodman: OH, YEAH, AND I UNDERSTAND THAT ESPECIALLY IF THERE'S A PROPERTY OWNER WHO WAS THINKING OF GETTING INTO THE PROCESS, BUT MOST PEOPLE DON'T ACTUALLY GET INTO THE PROCESS, THEY ONLY -- IF THEY BECOME AWARE AT ALL OF WHAT LAND USES ARE LAID OUT, THEY DO IT THROUGH A ZONING MAP, AND OUR MAP SHOWS RESIDENTIAL, VERY LARGE LOT RESIDENTIAL. SO THE EXPECTATION WHEN YOU LOOK AT THAT IS NOT THAT IT WOULD HAVE EVEN COMMERCIAL OR INDUSTRIAL USE.

THAT'S CORRECT. AND WE'LL TAKE A LOOK AT THAT AGAIN AND OUR HOPE IS THAT THE MORE PLANNING -- NEIGHBORHOOD PLANS AND REZONES THAT WE PROCESS AND IT HELPS US GET ALL THAT THROUGH WITHOUT CREATING A SEPARATE PROCESS FOR JUST TACKLING THE INDIVIDUAL TRACT.

Goodman: OKAY. SO YOU FIGURE THAT WILL HAPPEN SOON?

Glasco: WE'LL EXPLORE THAT AND FIND OUT HOW WE CAN LOOK AT THIS GENERAL AREA, BECAUSE IT'S NOT THE ONLY AREA WITH INTERIM ZONING, AS YOU'RE PROBABLY AWARE. WE STILL HAVE THE REST OF THE CITY WHERE WE INITIALLY ATTEMPTED TO HAVE IT DONE, BUT WE FOUND IT'S A LOT EASIER TO ROLL THAT INTO THE NEIGHBORHOOD PLANNING PROCESS WITH THE REZONING.

Goodman: OKAY. THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR THE STAFF? WIP WIN

Wynn: MAYOR. THE PLANNING COMMISSION RECOMMENDATION OF GR, MY ASSUMPTION WAS BASED ON THE EXISTING USE ON THE LARGER TRACT.

Glasco: CORRECT.

Wynn: QUESTION PRESUME THAT HAD TRACT 2 BEEN A STAND ALONE ZONING CASE BASED ON -- THE LI SEEMED LIKE SUCH A REASONABLE SPOT THERE IN THE AIRPORT ZONE. I MEAN, IS IT ONLY BECAUSE OF THE EXISTING USE ON TRACT 1 THAT THE PLANNING COMMISSION RECOMMENDED GR FOR BOTH TRACTS?

THAT SEEMED TO BE THEIR REASONING, TREAT BOTH TRACTS THE SAME.

Wynn: OKAY. AND PRESUMING THAT WE ZONE TRACT 2 LI, DO YOU FORESEE ANY ISSUES THEN WITH TRACT 1, THAT IS -- I SORT OF SEE THE SAME ARKT ON TRACT -- ARGHTD ON TRACT #- 1. I DON'T SEE THE RATIONALE FROM GOING FROM LRLI TO GR ON TRACT 1. BUT TRACT 2 GOING LI, DOES THAT POSE ANY PROBLEM FOR STAFF TO HAVE PERHAPS A DIFFERENT ZONING CATEGORY ON TWO SIDES OF THIS TRACT?

Glasco: NO, IT DOESN'T CAUSE ANY PROBLEM AT ALL. COUNCIL IS GOING TO BE CONSIDERING THIS AS SOON AS WE HAVE THE STUDY. AND THAT WILL -- THE FLOODPLAIN STUDY WILL OBVIOUSLY HELP US IN DECIDING WHAT'S TRULY APPROPRIATE HERE, SO THAT WE'LL HAVE TO TAKE ANOTHER ASSESSMENT OF THIS PROPERTY ONCE THE STUDY IS CONCLUDED.

Wynn: THANK YOU, MAYOR.

Mayor Garcia: FURTHER QUESTIONS OF STAFF? THE MOTION IS ON TRACT 2 AND IT'S FOR LI-CO. MOTION WAS MADE BY COUNCILMEMBER SLUSHER AND SECONDED BY COUNCILMEMBER DUNKERLEY. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. WITH ALL MEMBERS PRESENT. LET ME ANNOUNCE THAT MS. PAULINE HAND SIGNED UP TO SPEAK ON ITEM NUMBER 4 AFTER WE TOOK THE CONSENT AGENDA. THIS ITEM WAS PASSED DURING THE CONSENT AGENDA. HE WAS REGISTERED WISHING TO SPEAK AND IN FAVOR OF. SO I DON'T THINK WE NEED TO GO BACK AND RECONSIDER THAT ITEM. Z-5, MS. GLASGO.

THIS IS CASE NUMBER CROWRN 02-ONE 60. THIS IS LOCATE ODD 620. THE PROPERTY IS CURRENTLY ZONED INTERIM RURAL ARE NOT. AND SINGLE-FAMILY 2. THE APPLICANT IS SEEKING A CHANGE TO GR, WHICH STANDS FOR COMMUNITY COMMERCIAL SERVICES. THE ZONING AND PLATTING COMMISSION RECOMMENDATION IS TO GRANT GR-CO; HOWEVER THE CONDITIONAL OVERLAY FROM THE PLANNING COMMISSION THROUGH AN OVERSIGHT DID NOT INCLUDE STAFF COMMENTS REGARDING DEDICATION OF 35 FEET OF RIGHT-OF-WAY FROM THE CENTER LINE OF 620 AND RESERVATION OF 200 FEET FROM THE CENTER LINE OF SIX 20. -- 620. THE HIGHWAY DEPARTMENT HAS PLANS TO EXPAND 620 AND OF COURSE IS IN THE PROCESS OF ACQUIRING RIGHT-OF-WAY, AND WE DO HELP THROUGH THE ZONING PROCESS TO HAVE APPLICANTS DEDICATE A CERTAIN AMOUNT OF RIGHT-OF-WAY AND ALSO RESERVE CERTAIN AMOUNTS SO THAT WHEN THE HIGHWAY DEPARTMENT AND THE CITY ARE AWARING THOSE RIGHT-OF-WAY PIECES THAT THERE ARE NO IMPROVEMENTS THERE. THE APPLICANT IS NOT IN AGREEMENT WITH THE RIGHT-OF-WAY DEDICATION RESERVATION, BUT STAFF STRONGLY BELIEVES THAT THE APPLICANT SHOULD DEDICATE 75 FEET OF RIGHT-OF-WAY FROM THE CENTER LINE AND RESERVE THE RIGHT-OF-WAY ALSO. AS YOU CAN TELL FROM THE MAP ON IN YOUR BACKUP, YOU CAN SEE WHERE THE RIGHT-OF-WAY HAS BEEN ACQUIRED AND ON THIS PROPERTY YOU CAN SEE A BIG CHUNK OF IT THAT NEEDS TO BE ACQUIRED. SO THAT IS OUR RECOMMENDATION TO GRANT THE APPLICANT'S REQUEST OF ZONING, BUT ALSO HAVE THEM DEDICATE RIGHT-OF-WAY AND RESERVE IT AS I JUST STATED EARLIER. AND THAT CONCLUDES MY PRESENTATION, MAYOR. AND IF THE APPLICANT AGREES, WE WOULD OFFER THIS CASE ON FIRST READING ONLY.

Mayor Garcia: MR. MATT TRAMMELL. YOU REPRESENT THE APPLICANT, CORRECT?

YES, SIR.

Mayor Garcia: YOU HAVE FIVE MINUTES.

I'D LIKE TO THANK Y'ALL FOR LETTING ME SPEAK HERE. BARBARA RANEY, SHE IS ALREADY IN THE PROCESS OF NEGOTIATIONS OR LITIGATION, CONDEMNATION LITIGATION WITH TXDOT TO BUY HER PROPERTY. I HAVE A LETTER FROM HER ATTORNEYS HERE, AND I GAVE ONE TO MR. ZAPALAC THAT BASICALLY STATES THAT THEY'RE IN THE PROCESS OF FINISHING OFF THAT CASE, AND THEY THINK WITHIN 30 TO 60 DAYS THEY SHOULD BE DONE WITH IT. WE DO RECOMMEND THAT -- WE AGREE WITH THE ZONING, BUT WE DO NOT AGREE WITH DEDICATING THE RIGHT-OF-WAY.

Mayor Garcia: OKAY.

ANY QUESTIONS?

Mayor Garcia: SO WHAT YOU'RE SAYING IS THIS PROPERTY -- IS IT UNDER CONTRACT WITH TXDOT?

TXDOT HAS CONDEMNED IT AND THEY'RE IN NEGOTIATIONS WITH THE LAWYERS, ATTORNEYS FOR BARBARA RANEY. I HAVE -- WOULD YOU LIKE A COPY OF THE LETTER?

Mayor Garcia: SURE. YOU CAN GIVE IT TO COUNCILMEMBER THOMAS AND THEN SEND IT DOWN. MS. GLASGO, HOW DOES THIS AFFECT WHAT IT IS THAT WE'RE DOING HERE TODAY?

BECAUSE HE AGREES WITH THE ZONING, BUT NOT WITH THE RIGHT-OF-WAY. AND IF TXDOT -- THEY'RE CONDEMNING RIGHT-OF-WAY?

YES, SIR.

Mayor Garcia: HOW MUCH OF THE RIGHT-OF-WAY?

IT'S GOING TO BE THE FULL PART, PAST THE 200 EVEN. I BELIEVE IT'S ALMOST 400.

Glasco: MAYOR, WHAT WE WOULD RECOMMEND, AND WE WERE AWARE OF THE FACT THAT TXDOT IS IN NEGOTIATIONS WITH HIM ON THIS PROPERTY IS THAT A ZONING CASE -- IF YOU DO FIRST READING TODAY, WE DON'T HAVE TO BRING IT BACK FOR SECOND AND THIRD READING UNTIL IT'S READY. SO IF THEY'RE STILL NEGOTIATING WITH TXDOT THEY NEED TO CONTINUE THE NEGOTIATION AND TXDOT IS SIMPLY GOING TO HAVE TO PAY FOR THE RIGHT-OF-WAY AS OPPOSED TO THE DEDICATION. SO IT WOULD BE ON FIRST READING BETWEEN NOW AND WHENEVER THE ISSUE IS CONCLUDED AND THEN WE CAN BRING THE CASE BACK FOR SECOND AND THIRD. BUT I WOULD RECOMMEND FIRST READING WITH THE WYATT RITE OF WAY RESERVATION REQUIREMENTRIGHT-OF-WAY RESERVATION REQUIREMENT. AND MARTY WANTS TO CHIME IN.

THE ISSUE FACING THE COUNCIL IS WHAT IS THE IMPACT OF THIS DEVELOPMENT? THE DEVELOPMENT IS DRIVING THE NEED FOR THE ADDITIONAL RIGHT-OF-WAY. IT IS IN THE -- THE CITY HAS THE ABILITY, HAS THE LEGAL RIGHT BECAUSE OF THE IMPACT OF THE DEVELOPMENT TO REQUIRE THE DEDICATION OF THE RIGHT-OF-WAY. AND THAT IS THE ISSUE THAT IS BEFORE THE CITY. AND THE CITY HAS THE ABILITY TO REQUIRE THE DEDICATION OF THE RIGHT-OF-WAY. THE APPLICANT IS THE ONE THAT IS IN CONTROL OF THE ZONING CASE. THE APPLICANT IS THE ONE THAT HAS THE ABILITY TO CONTROL THE SPEED WITH WHICH THE ZONING CASE IS BEFORE THIS COUNCIL. AND THE APPLICANT HAS THE ABILITY TO HOLD THIS CASE AND THE APPLICANT HAS THE ABILITY TO BASICALLY SAY TO THE CITY, BASICALLY TO SAY TO THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT, I WANT TO CONCLUDE MY NEGOTIATIONS WITH TXDOT AND I WANT TO BE ABLE TO SEE IF I CAN REACH AN ACCOMMODATION WITH TXDOT AND HAVE TXDOT PURCHASE THE RIGHT-OF-WAY THAT IS NECESSARY -- THAT THEY BELIEVE THAT IS NECESSARY. IF THEY ARE SUCCESSFUL IN CONCLUDING THOSE NEGOTIATIONS WITH TXDOT DURING THE PENDENCY OF THE ZONING CASE, THEN EVERYTHING IS FINE. THEY HAVE THE ABILITY TO CONTROL THE TIMING OF THE ZONING CASE. AND THEY CAN REQUEST THAT NEIGHBORHOOD PLANNING AND ZONING NOT BRING THIS BACK FOR SECOND AND THIRD READING UNTIL THOSE NEGOTIATIONS ARE CONCLUDED. THEY ARE IN THE DRIVER'S SEAT ON THIS ZONING CASE. IT IS THEIR APPLICATION, IT IS THEIR REQUEST FOR ZONING. THEY'RE IN THE DRIVER'S SEAT. IT IS THEIR REQUEST FOR ZONING THAT IS CREATING THE IMPACT THAT CREATES THE NEED FOR THE RIGHT-OF-WAY TO BE DEDICATED. THEY'RE IN THE DRIVER'S SEAT. IT'S THEIR DEVELOPMENT THAT IS CREATING THE NEED FOR THE ADDITIONAL RIGHT-OF-WAY TO BE DEDICATED. WE HAVE THE ABILITY, WE HAVE LEGAL RIGHT TO REQUIRE THAT RIGHT-OF-WAY BE DEDICATED. IT IS OUR RECOMMENDATION TO THE CITY COUNCIL THAT THEY REQUIRE THAT THE RIGHT-OF-WAY BE DEDICATED. IF THEY CAN DO A DEAL WITH TXDOT IN THE MEANTIME, THEY'RE FREE TO DO THAT. AND IT'S OUR RECOMMENDATION THAT YOU REQUIRE THE DEDICATION. IF THEY CAN DO A DEAL WITH TXDOT BEFORE THIRD READING, THAT'S FINE. WE'LL PUT IT BACK ON COUNCIL'S AGENDA AND GIVE THEM TIME TO DO THE NEGOTIATION, WE'LL PUT IT BACK ON AFTER THEY'VE HAD AN OPPORTUNITY TO NEGOTIATE WITH TXDOT. SIMPLY BECAUSE THEY ARE NEGOTIATING WITH TXDOT DOES NOT REMOVE THE COUNCIL'S RIGHT TO REQUIRE THE DEDICATION OR THE RESERVATION OF RIGHT-OF-WAY.

Goodman: MAYOR, COULD I ASK A FOLLOW-UP QUESTION?

Mayor Garcia: MAYOR PRO TEM.

Goodman: ARE WE TALKING ABOUT THE EXACT SAME RIGHT-OF-WAY REQUIREMENTS FROM TXDOT AND OURSELVES OR IS THERE A DIVERGENCE AT ALL?

IT IS THE SAME. THE PUBLIC WORKS AND -- THEY WORK CLOSELY WITH TXDOT ON THE ACQUISITION. SOMETIMES TXDOT ISN'T AWARE THAT THERE IS A ZONING CASE PENDING OR IN PROGRESS OR ELSE THEY WOULD WAIT UNTIL THEY GET THE RIGHT-OF-WAY. SO THAT'S REALLY WHAT'S OCCURRING HERE THAT TXDOT ISN'T AWARE OF.

Mayor Garcia: LET ME CLOSE THE PUBLIC HEARING SO WE CAN HAVE THE DISCUSSION. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON THIS ITEM. MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE? MAYOR PRO TEM? THAT MOTION CARRIES SEVEN SEVEN-ZERO.

IS THERE A DIVERGENCE, AND MAYBE GEORGE CAN ANSWER THIS QUESTION, IN TERMS OF THE AMOUNT OF RIGHT-OF-WAY?

MAYOR PRO TEM, THE AMOUNT OF RIGHT-OF-WAY THAT THE STAFF REQUESTED IN CONJUNCTION WITH THE ZONING CASE WAS BASED UPON THE CITY'S TRANSPORTATION PLAN, WHICH CALLED FOR A TOTAL OF 400 FEET, AND WE ASKED FOR 200 FEET FROM THE CENTER LINE. WHEN TXDOT ACTUALLY LAYS OUT THE ROADWAY, IT MAY VARY SOMEWHAT FROM THAT PRECISE AMOUNT, SO IT'S POSSIBLE THAT IT COULD BE A LITTLE BIT MORE, A LITTLE BIT LESS, BUT IT WOULD BE IN THE NEIGHBORHOOD OF 200 FEET.

Goodman: BUT TXDOT IS IN CHARGE OF PUTTING THE ROADWAY DOWN, AND OUR RIGHT-OF-WAY, OUR REQUEST OR REQUIREMENT OF RIGHT-OF-WAY DEDICATION IS BASED ON MUCH THE SAME AS TXDOT IN THE PAST WHERE YOU ASSUME IT WILL BE SOMEWHERE AROUND THERE?

TXDOT WAS THE ONE THAT INDICATED THAT 400 FEET IS WHAT THEY NEEDED. NOW, AS WE SAY, WHEN THEY ACTUALLY GO OUT AND DESIGN THE ROAD, IT'S POSSIBLE THEY MIGHT NEED MORE IN CERTAIN AREAS OR A LITTLE BIT LESS, BUT THE ACTUAL ENGINEERING PLANS COULD VARY SLIGHTLY FROM THE LONG RANGE TRANSPORTATION PLAN. BUT THE, WHAT THE CITY CAN ASK FOR IS ONLY WHAT IS IN OUR TRANSPORTATION PLAN.

Goodman: OKAY. THIS IS A PRETTY PUBLIC MEETING. TXDOT DOESN'T KNOW ABOUT THE MEETING? I'M TRYING TO FIGURE OUT WHY TXDOT WOULD BE SAYING OH, WHY SHOULD WE BE PAYING FOR THIS?

WELL, TXDOT HAS A CERTAIN TIME FRAME THEY'RE OPERATING UNDER. THEY ALSO HAVE CERTAIN RULES THEY HAVE TO FOLLOW FROM THE FEDERAL GOVERNMENT WHEN THEY HAVE TO INITIATE LAND ACQUISITION. SO IT IS ENTIRELY POSSIBLE THAT THEY WILL PROCEED ALONG -- THEY WILL PROBABLY PROCEED UPON THAT SCHEDULE INDEPENDENTLY OF THE ZONING CASE.

Mayor Garcia: THIS IS ON FIRST READING, CORRECT, MS. GLASGO?

Glasco: YES.

Mayor Garcia: AND YOU UNDERSTAND WHEN IT COMES BACK FOR SECOND AND THIRD THE NEGOTIATIONS WITH TXDOT MAY BE CONCLUDED AND ALL THIS IS MESHED IN?

YES, SIR. AND TXDOT, THE REASON THEY STARTED THEIR NEGOTIATION BEFORE WE CAME TO REZONE, SO TXDOT WAS ALREADY IN THAT PROCESS BEFORE THEN. YEAH, I UNDERSTAND THAT, THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. I'LL ENTERTAIN A MOTION ON FIRST READING ON ITEM Z- 5. MOTION BY THE MAYOR PRO TEM. IS THERE A SECOND? SECONDED BY COUNCILMEMBER WYNN. DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: MOTION CARRIES ON VOTE OF SEVEN TO ZERO. WE NOW GO BACK TO THE DISCUSSION ITEMS, AND THE FIRST ONE PULLED BY COUNCILMEMBER SLUSHER IS ITEM NUMBER 19. AND COUNCILMEMBER, DO YOU WANT A STAFF PRESENTATION?

Slusher: YEAH, THEY'RE WELCOME TO PRESENT IF THEY WANT, BUT I'VE READ THE BACKUP AND I KNOW HOW I WANT TO PROCEED.

Mayor Garcia: BEFORE YOU GO INTO THAT, LET ME ANNOUNCE SOMETHING HERE, A POSITIVE THING. IN THIS BAD ECONOMY WE ALWAYS WANT TO HAVE GOOD NEWS. THE CITY OF AUSTIN COMBINED CHARITIES CAMPAIGN HAD A GOAL OF 775,000. IT RAISED 832,248, WHICH IS ABOUT $57,000 MORE THAN THE GOAL. AND THE DEPARTMENT THAT HAD THE HIGHEST INCREASE FROM LAST YEAR TO THIS YEAR WAS THE CITY COUNCIL, WHOSE PERCENTAGE INCREASE FROM LAST YEAR WAS 1,518. I THINK THE COUNCIL OUGHT TO BE GIVEN A HAND, DO DON'T YOU? [ APPLAUSE ] OF COURSE, LAST YEAR WE DIDN'T DO VERY WELL. [ LAUGHTER ] OKAY. COUNCILMEMBER SLUSHER?

WELL, MAYOR, THIS IS THE ITEM ABOUT THE PARKING RATES AT THE AIRPORT. AND I'M GOING TO BE FOR MOST OF THEM, BUT I CAN'T SUPPORT THE ELIMINATION OF THE TWO-HOUR -- EXCUSE ME, THE 30-MINUTE FREE PARKING FOR PEOPLE COMING TO PICK UP PASSENGERS. I THINK THIS IS GOING TO CAUSE MORE TROUBLE THAN WOULD BE WORTH TO GET THE FUNDS. I THINK THAT WE'LL HAVE PEOPLE PARKING AT THE CURVE OR JUST CIRCLE WILLING. AND ONE OF THE THINGS I DIDN'T LIKE ABOUT THE OLD AIRPORT WAS THE CONSTANT RECORDING TELLING PEOPLE NOT TO PARK -- DON'T PARK AT THE CURB AND DON'T SMOKE WHILE YOU'RE IN AUSTIN. AND THEY WOULD JUST KEEP REPEATING OVER AND OVER. I DIDN'T THINK IT WAS A VERY FRIENDLY WELCOME TO THE CITY. AND WE'VE REALLY CUT BACK ON THAT AT THE AIRPORT, ALTHOUGH I APPRECIATE THE STAFF IS TRYING TO FIND WAYS TO GET THE FUNDS, I JUST DON'T WANT TO GO DOWN THIS ROUTE TO DO IT. AND THE AIRPORT ADVISORY BOARD HAD MADE A MOTION TO APPROVE THE PROGRAM EXCEPT FOR THE ELIMINATION OF THE 30 MINUTES FREE, SO I WOULD MAKE THAT SAME MOTION HERE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER. AND THAT'S TO CHANGE THE INCREMENTAL RATES IN THE GARAGE FROM ONE DOLLAR TO TWO DOLLARS PER HOUR. AND THE MAXIMUM OF $18 PER DAY -- UP TO A MAXIMUM OF $18 PER DAY. AND TO IMPLEMENT A FLAT DAILY RATE IN ALL SURFACE PARKING AT THE EXISTING RATES CLOSE IN, LOT A, $12, AND THE REST IS EXPLAINED IN THE RCA. BUT THE MOTION DID NOT INCLUDE ELIMINATION OF THE FREE PARKING. AND WE HAVE MR. MICHAEL VOTICKI SIGNED UP TO SPEAK ON THIS ITEM. ARE YOU HERE, SIR? OKAY. HE IS REGISTERED IN -- AND WISHING TO SPEAK AND AGAINST CERTAIN PARTS. AND I THINK YOU EXPLAINED THAT, CORRECT, COUNCILMEMBER?

Slusher: THAT'S RIGHT.

Mayor Garcia: OKAY. IS THERE A SECOND TO THAT MOTION? SECONDED BY COUNCILMEMBER THOMAS. I KNOW THIS IS A DISAPPOINTMENT FOR YOU, MR. SMITH, BUT THE AIRPORT STILL MADE MONEY AND WE STILL WANT PEOPLE TO COME AND PARK FOR HALF AN HOUR. MAYOR PRO TEM, DO YOU WANT TO SAY SOMETHING?

Goodman: I'M NOT REALLY COMFORTABLE WITH ACCOUNTABL DOUBLING THAT COST TO TWO DOLLARS EITHER. IS THERE A QUICK REFRESHER FROM STAFF ON WHETHER THAT'S --

Mayor Garcia: I DON'T LIKE YOU STANDING UP THERE. WHY DON'T YOU SIT THERE AND TALK TO US IN A MORE COMFORTABLE ENVIRONMENT.

Goodman: I'M WONDERING HOW COMPETITIVE THAT IS. DO YOU HAVE THAT KIND OF DATA?

THE RIGHTS RAITS ARE NOT GOING UP. ALL THIS IS IS A CHANGE IN THE WAY YOU CALCULATE THE RATES. INSTEAD OF CHARGING ONE DOLLAR FOR EVERY HALF HOUR, YOU CHARGE A DOLLAR FOR EACH FULL HOUR. I MEAN, TWO DOLLARS FOR EACH FULL HOUR. SO IT'S JUST CHANGING THE WAY YOU CALCULATE IT. IT DOESN'T CHANGE THE MAXIMUM AMOUNT THAT SOMEBODY'S GOING TO PAY IN ANY ONE OF THE LOTS.

BUT IF YOU'RE THERE FOR ONE HOUR, YOU'RE STILL GOING TO PAY TWO DOLLARS, YOU'RE NOT GOING TO SPLIT IT UP. AND BEFORE YOU WOULD SPLIT IT UP AND YOU WOULD PAY A DOLLAR.

IF YOU WERE THERE FOR HALF AN HOUR, YOU WOULD PAY ONE DOLLAR. NOW IF YOU'RE THERE FOR HALF AN HOUR, YOU WOULD PAY TWO DOLLARS IF YOU PASS IT THE WAY THE ADVISORY BOARD RECOMMENDED IT.

Goodman: OKAY. I DON'T LIKE THAT EITHER. SORRY.

Mayor Garcia: FURTHER COMMENTS? THE MOTION IS TO APPROVE ITEMS 2, WHICH HAS AN ESTIMATED ADDITIONAL REVENUE OF 190,000. AND ITEM 3, WHICH HAS AN ESTIMATED ANNUAL REVENUE OF ABOUT 154, WHICH IS THE EQUIVALENT OF $344,000. AND NOT TO DO THE ELIMINATION OF THE FREE PARKING, THAT WAS THE BIGGEST REVENUE ITEM AT 434. 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.

Goodman: NO, NO. I'M SAYING NO.

Mayor Garcia: YOU'RE VOTING NO. THE MAYOR PRO TEM VOTING NO. IT'S SIX TO ZERO -- SIX TO ONE, I'M SORRY. OKAY. ITEM NUMBER 34 IS TO APPROVE THE NEGOTIATION AND EXECUTION OF A SUBORDINATE LOAN DOCUMENT WITH THE AUSTIN REVITALIZATION AUTHORITY IN AN AMOUNT NOT TO EXCEED 4.4 MILLION FOR THE ADVANCE OF CONSTRUCTION LOAN PROCEEDS. AND COUNCILMEMBER SLUSHER, DO YOU WANT A STAFF PRESENTATION?

Slusher: NO, I THINK I'M READY TO MOVE FORWARD ON THIS. I THINK IT'S A PROJECT WE'VE ALL SUPPORTED. I WANTED TO ASK MR. MARSHAL A COUPLE OF QUESTIONS WHILE WE HAD THIS ITEM UP.

Mayor Garcia: MR. MARSHAL? SIT RIGHT THERE, WHAT THE HECK.

OKAY.

Wynn: JIM SMITH IS STILL WELL THERE?

> Mayor Garcia: IF JIM SMITH HAS THE RIGHT TO SIT THERE, YOU CAN SIT THERE.

Slusher: I HAVE A REAL GOOD PROJECT GOING ALONG 11 11th STREET WHERE THE NOW -- NOW THERE'S I THINK JUST ONE BLOCK THAT'S BLOCKED OFF NOW, RIGHT, FOR A DETOUR?

ABOUT A BLOCK AND A HALF.

Slusher: OKAY. I WAS JUST THROUGH THERE THIS MORNING. AND I JUST HAD SOME EXPRESSED TO MY OFFICE ABOUT SOME OF THE BUSINESS OWNERS ALONG THERE. HOPEFULLY THEY UNDERSTAND THAT THIS IS GOING TO IMPROVE THE ALL THE AREA, THE UNDERSTAND BEHIND THIS PROJECT, BUT ABOUT THEIR ACCESS AND JUST COMMUNICATION. HAVE YOU BEEN ABLE TO TALK TO THE FOLKS THERE AT THE VICTORY GRILL?

YEAH, I TALKED TO EACH BUSINESS OWNER SEVERAL TIMES. HE WALK THE STREET ALMOST EVERYDAY. AND I'VE SPOKEN TO THE VICTOR GRILL SEVERAL TIMES.

Slusher: SO THEY UNDERSTAND WHEN THAT'S GOING TO BE DONE. I FORGET, WHEN IS IT GOING TO BE DONE? IT SAID ON THE SIGN.

THE FINAL COMPLETION FOR THE STREET IS PROBABLY NOT UNTIL LATE FEBRUARY OR EARLY MARCH. BUT THE STREET WILL BE FULLY OPEN IN LATE JANUARY. WE'RE PAST THE VICTORY GRILL NOW. THEY HAVE FULL ACCESS TO THEIR FACILITY.

Slusher: IT'S DOWN TO ONE LANE THERE.

YES, ON THE OUTSIDE. BUT IF YOU'RE -- BETWEEN 35 AND WALLER, WHICH IS WHERE THEY'RE LOCATED, YOU CAN DRIVE UP RIGHT TO THE FRONT DOOR, MAKE A LEFT AND PULL INTO THE PARKING LOT.

Slusher: I JUST WANT TO MAKE SURE WE'RE HAVING COMMUNICATION WITH THEM BECAUSE I'VE HAD A COUPLE OF CALLS, BUT I'M GLAD YOU'RE ON TOP OF THAT. AND LIST OFF FOR US EVERYTHING THAT'S BEING DONE THERE. THERE'S WATER AND WASTEWATER LINES GOING ON, THERE'S STREET IMPROVEMENTS FROM CAPITAL METRO.

YOU HAVE NEW WATER LINES GOING IN FROM NAVASOTA TO I-35, NEW SANTORY SEWER LINES. YOU'RE VARYING THE OVERHEAD ELECTRIC LINES, TELEPHONE LINES AND THE CABLE LINES, PUTTING IN NEW SIDEWALK, NEW CURB, REPAVING THE STREET, PUTTING IN STREET FURNITURE, PUTTING IN PUBLIC ART, ARCHWAY AND TREES.

Slusher: SO WHEN WE HAVE THE DETOUR DRIVING DOWN THIS STREET, WE SHOULD BE HAPPY.

ULTIMATELY, YES.

Slusher: I KNOW WHEN I WENT TO THE CARVER FOR THE GROUNDBREAKING THERE AND HAD THE DETOUR, I CONSIDERED THAT A GOOD THING AND THE TWO PROJECTS WITHIN TWO BLOCKS OF EACH OTHER. NOW, OVER ON 12TH, AS YOU KNOW, THE RESIDENTS ALONG 12TH REALLY WANT TO SEE THE ARA MOVE ITS OPERATIONS OVER THERE. AND I REALIZE YOU'VE GOT A BIG OPERATION GOING AND YOU HAVE TO DO SOMETHING FIRST. BUT WHAT ARE THE PROSPECTS? ONE THING THE CITY MANAGER AND I WALKED AROUND. I HAVE DONE IT IN PARTICULAR A FEW WEEKS AGO, BUT THERE ARE A LOT OF SMALL LOTS, LOOKS LIKE SOMETHING THAT CAN BE DONE ON A SMALLER SCALE TO HAVE THAT DONE. DO YOU HAVE ANY PLANS LIKE THAT?

WE HAVE A WORK PLAN FOR THIS YEAR AND NEXT YEAR. AND WHAT THEY DIRECTED ME TO DO WAS TO FOCUS ON 12TH STREET, THE BEGINNING OF 12TH AND CHICON, TWO BLOCKS ON EACH SIDE OF THAT. SO FROM CHICON TO ALAMO, FROM ALAMO BACK TO LEONA AND FROM 14TH OVER TO NEW YORK. THAT'S THE NEXT AREA OF FOCUS THAT WILL BE TREATED MUCH LIKE WE'RE DOING ON 11 THE STREET. WE ALSO WENT TO WASHINGTON LAST WEEK AND SPOKE TO FOLKS AT HUD AND ASKED THEM FOR ABOUT $38 MILLION IN GRANTS TO FOCUS PRIMARILY ON THAT CORRIDOR. AND THE CHESTNUT NEIGHBORHOOD AND THE ROSEWOOD NEIGHBORHOODS, WHICH ARE IN THE EASTERN END OF THAT AREA, WITH RESPECT TO THE VACANT LOTS ALONG 12TH STREET, WHAT WE'VE BEEN WORKING WITH CITY STAFF TO DO IS DEVELOP PROFILES ON EACH OF THOSE BLOCKS. FOR EXAMPLE, THERE'S ONE WHOLE CITY BLOCK WHERE EVERYBODY WANTS TO SELL THEIR LAND. AND WE'RE TRYING TO GET THEM TO WORK AS A GROUP TO BE ABLE TO MARKET THAT LAND TO A DRUGSTORE, AS AN EXASM, WHO NEEDS TO BUY EXACTLY HOW MUCH LAND THEY HAVE AND IS INTERESTED IN BEING IN THE AREA. SO WE'RE TRYING TO PROVIDE TECHNICAL ASSISTANCE TO THEM TO MARKET THE LAND AND BRING IN AN INVESTOR. IN ADDITION TO THAT, THE CWA BUILDING, WHICH WITHIN 30 DAYS WE'LL HAVE A NEW APPRAISAL ON TO DETERMINE WHETHER OR NOT WE CAN CONVERT IT FOR USE BY CHARTER SCHOOL OR WHETHER THE CITY WILL ACTUALLY SELL IT TO ANOTHER BIDDER WHO IS SITTING WAITING IN LINE TO BUY IT AND TO WORK ON IT. AND THE CITY HAS TWO PROJECTS IN THAT SAME AREA. THE BUILDING AT 12TH AND WALLER AND THE TOWNHOMES THEY'RE BUILDING BETWEEN WALLER AND CURVE SHOULD ALL START SOMETIME IN 2003.

Slusher: SO WE SHOULD SEE BREAKTHROUGHS IN 12 THE STARTING NEXT YEAR, EARLY NEXT YEAR.

EARLY TO MID NEXT YEAR, YES.

Slusher: I WOULD MOVE APPROVAL.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY --

Thomas: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER THOMAS TO APPROVE ITEM NUMBER 34. DISCUSSION?

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: JUST ONE ECONOMY ACTUALLY FOR LEGAL -- QUESTION FOR LEGAL STAFF, I GUESS. I WAS TRYING TO UNDERSTAND ESSENTIALLY WHAT I CALL LENDER LIABILITY ISSUES. WHEN THE CITY ESSENTIALLY USES OTHER FUNDS, NOT OUR OWN, BUT I THINK IT WILL TAKE A SECOND ISSUE ON THIS RIGHT?

Mayor Garcia: THAT'S CORRECT.

Wynn: SO ANY POTENTIAL LIABILITY ANY LENDER WOULD HAVE AS A SECOND LIENHOLDER WOULD APPLY WITH THE CITY PROBABLY?

TO SOME EXTENT. I THINK WE DO HAVE SOME EXCEPTION. -- I'M SORRY, I'M JIM WILLIAMS AND I'M AN ASSISTANT CITY ATTORNEY. THIS PROGRAM IS A CHAPTER 373 PROGRAM. SO IF THERE WERE ANY KIND OF TORE CORE US OR TORT ISSUES THAT CAME UP, THE LEGISLATURE HAS SAID THAT THE CHAPTER 373 PROGRAM FALLS IN THE GOVERNMENTAL PROGRAM UNDER THE TORT CLAIMS ACT. SO WE DO HAVE SOME PROTECTION FOR ANYTHING THAT MIGHT HAPPEN THAT WAS A TORT TYPE CLAIM.

Wynn: THAT'S WHAT I THOUGHT. THANK YOU, MAYOR.

Mayor Garcia: THANK YOU, COUNCILMEMBER WYNN. FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. THE NEXT ITEM ON THE AGENDA IS ITEM 35, WHICH IS TO ESTABLISH AN ORDINANCE FOR AMENDING THE NEIGHBORHOOD PLAN ELIMINATES OF THE AUSTIN TOMORROW COMPREHENSIVE. THE PFK ADOPTED A RESOLUTION ESTABLISHING A NEIGHBORHOOD PLAN AMENDMENT PROCESS AND CRITERIA FOR EMPLOYING THE PROCESS. THIS IS FOR SECOND AND THIRD READING. WHEN DID WE DO FIRST READING, DO YOU KNOW?

NOVEMBER SEVENTH WAS THE FIRST READING.

Mayor Garcia: OKAY. THIS ITEM WAS PULLED BY COUNCILMEMBER DUNKERLEY. COUNCILMEMBER DUNKERLEY?

Dunkerley: I WAS CONCERNED ABOUT THE ITEM BECAUSE I HAD HEARD THERE WERE SOME PROPOSED CHANGES TO THE ORDINANCE, AND I WAS UNCLEAR AT THE TIME WHEN I PULLED IT WHAT THOSE CHANGES MIGHT BE. AND I'M WONDERING IF YOU COULD PERHAPS IDENTIFY WHICH ORDINANCE WE'RE REALLY CONSIDERING RIGHT NOW, AND WHAT IF ANY CHANGES HAVE BEEN MADE SINCE THE NOVEMBER APPROVAL.

I'LL BE GLAD TO. I'M WITH NEIGHBORHOOD PLANNING AND ZONING. BEFORE YOU I HOPE THERE'S AN ORDINANCE WITH NUMBER 35 ON THE TOP RIGHT-HAND CORNER, AND IT SHOULD SAY VERSION PASSED FIRST READING. I HOPE THE COUNCILMEMBERS HAVE THAT. I'LL AISLE BE WALKING THROUGH THE CHANGES WHERE WE WERE AT FIRST READING, AND WHERE WE ARE NOW, TODAY. I'LL BEGIN WITH THE -- THE MEAT OF THE ORDINANCE BEGINS ON PART 4 WHERE WE'RE TALKING ABOUT A ONE-YEAR WAITING PERIOD FOR ANY PLAN AMENDMENTS THAT COME FORWARD. PART 4 ALSO TALKS ABOUT -- AND LET ME CLARIFY WHAT YOU SEE IN THE ORDINANCE. WE HAVE IDENTIFIED WHETHER IT FIRST READING OR WHETHER IT'S CONSENSUS. AND LET ME SAY THAT CONSENSUS MEANS THAT WE'VE BEEN MEETING WITH SEVERAL STAKEHOLDERS BETWEEN FIRST READING AND TODAY. SOME OF THOSE HAVE BEEN SIG KERR NEIGHBORHOOD ASSOCIATION, EAST CESAR CHAVEZ NEIGHBORHOOD, THE REAL ESTATE COUNCIL HAVE BEEN -- SOME OF THE FOLKS HAVE BEEN INVOLVED IN THOSE -- IN THOSE MEETINGS. SO WHEN YOU SEE THE WORD CONSENSUS, THAT JUST MEANS WHAT WE'VE AGREED TO IN THAT GROUP. FOLLOWING THE ORDINANCE ON PART 4 YOU CAN SEE THAT PART 4-1, I WANT TO MAKE A CLARIFICATION THERE. THE CONSENSUS THAT WE REACH BEFORE FIRST AND NOW WAS THE QUARTERLY AMENDMENTS AFTER THE FIRST YEAR WAITING PERIOD. WHAT WAS PASSED AT FIRST READING WAS TWICE A YEAR IN FEBRUARY AND JULY, SO I NEED TO MAKE THAT CLARIFICATION THERE. NUMBER 2 REMAINS THE SAIP AT FIRST READING ON THE AREA WIDE AMENDMENTS THAT WE -- WE'RE REMAINING THAT THE AREA-WIDE AMENDMENTS AND SUB DISTRICT AMENDMENTS WOULD COME EVERY TWO YEARS. LOOKING AT C, C BEGINS TO LOOK AT THE EXEMPTIONS FROM THE FIRST YEAR. WITHIN THAT FIRST YEAR PERIOD YOU CAN SEE THAT NUMBER ONE REMAINS THE SAME AS AUSTIN UNDUE HARDSHIP WITHIN THAT FIRST YEAR. UNDER UNDER 2-A, AGAIN, THAT WAS SOMETHING THAT WAS BROUGHT UP AT FIRST READING, SIGNIFICANT EMPLOYMENT OPPORTUNITIES. B, WE'RE LOOKING AT ENVIRONMENTAL PROTECTION. AND THAT WAS ADDED FROM THE GROUP SINCE FIRST READING AND ALSO C, WHICH LOOKS AT LONG RANGE CONNECTIVITY GOALS OF THE AUSTIN METROPOLITAN AREA TRANSPORTATION PLAN. D WAS AT FIRST READING AS AN EXESMTION DURING THAT FIRST YEAR AND THAT WAS FOR SMART HOUSING CERTIFIED PROJECTS. AND D WAS ALSO FIRST READING, WHICH WAS A CLERICAL ERROR. THAT WAS ALSO OOLS ON FIRST READING, AND I NEED TO ADD THAT. THAT WAS NOT ADDED ON YOUR DRAFT, BUT THAT WAS FIRST READING AS WELL.

Goodman: COUNCILMEMBER, CAN I INTERJECT JUST A MINUTE ON THE FOLLOW-UP CLARIFICATION. WHAT I HAD THOUGHT, IF I COULD, ON PART FOR C-2-C, I THOUGHT THAT THE CONSENSUS FROM YOUR STAKEHOLDERS HAD BEEN TO CHANGE THAT TO PROVIDE SIGNIFICANT TRANSPORTATION BENEFITS TO THE COMMUNITY. AM I MISREADING?

MAYOR PRO TEM, ACTUALLY, THOSE WERE CHANGES THAT I RECEIVED TODAY AS FAR AS THE WORDING ON THAT. WHEN WE MET, THE IDEA OF A TRANSPORTATION SIGNIFICANCE WAS WHAT WE DISCUSSED, AND THIS IS WHAT I'M BRINGING FORTH TODAY. THE LANGUAGE THAT I GOT TO DATE DEALS WITH -- I THINK IT A LITTLE BIT -- DOES TALK ABOUT -- PROVIDE SIGNIFICANT TRANSPORTATION BENEFITS TO THE COMMUNITY. AND I WOULD BE CONCERNED WITH THAT LANGUAGE IN INTERPRETING WHAT LOCAL STREETS CAUSE IN CONNECT FIST AND THE GRAY AREA, AT LEAST THE AUSTIN METROPOLITAN AREA TRANSPORTATION PLAN AT LEAST LOOKS AT ARTERIALS AS THE THROWEST THRESHOLD, WHERE WE'RE ACTUALLY -- LOWEST THRESHOLD WHERE WE'RE ACTUALLY MAKING CONNECTIVITY OF MAJOR ARREST ARTERIALS.

> Goodman: SO THIS SUGGESTED CHANGE WAS NOT FROM SOMEONE WHO WAS IN YOUR STAKEHOLDER GROUP AND CAME TO CONSENSUS?

AT THAT TIME WE WERE JUST MAINLY TALKING AT CONCEPTS AND NOT ACTUAL LANGUAGE BEFORE THIS WAS WRITTEN. SO THE LANGUAGE CLARIFICATION CAME AFTER LOOKING AT WHAT WE HAVE TODAY. DID I EAPS ALL YOUR QUESTIONS? -- ANSWER ALL YOUR QUESTIONS? D WAS CLERICAL ERRORS, OF COURSE, THAT WAS FIRST READING. E IS SOMETHING THAT ALSO CAME UP IN THE GROUP BETWEEN FIRST AND TODAY WAS THAT AT LEAST -- THE HARDSHIP, WHICH IS C-1, AND ALL OF 2, INCLUDING THE SMART HOUSING CERTIFIED PROJECTS, WOULD BE APPEALABLE TO THE PLANNING COMMISSION IF THERE WAS QUESTION ABOUT WHAT A HARDSHIP IS, WHAT THE TRANSPORTATION GOALS ARE WHAT WE'RE LOOKING AT THAT BEING APPEALABLE TO THE PLANNING COMMISSION. PART 5 TALKS ABOUT INITIATION OF THE NEIGHBORHOOD PLAN AMENDMENT AND WHO -- WHO THOSE PERSONS WOULD BE. ONE -- AGAIN, I NEED TO WRITE HERE ON A-1 THAT WAS FIRST READING, INDIVIDUAL PROPERTY OWNERS OF COUNCIL, PLANNING COMMISSION OR THE DIRECTOR. A-2 IS ALSO FIRST READING, AND THAT SPEAKS TO THE AREA-WIDE AMENDMENTS AND SUBDISTRICT.

Goodman: LET ME INTERJECT ONE QUICK. DOES THIS MEAN AT THE SUPPOSED SPECIFIC TIME FRAMES OF AMENDMENT OR IS THIS LIKE AN OPEN CHECKBOOK SO TO SPEAK?

IF THOSE ARE THE THESE ARE THE PARTIES THAT WOULD BE REQUESTING AN AMENDMENT AS AN AREA-WIDE INFILL.

Goodman: BUT I'M TALKING ABOUT WHEN THEY CAN REQUEST THE AMENDMENT. THE LANGUAGE -- DOES IT KEEP THEM ON TRACK WITH THE ORIGINAL PARAGRAPH THAT TALKS ABOUT THE DATES?

THIS WOULD BE AFTER ONE YEAR. AND IT WOULD BE AFTER ONE YEAR, BUT YET NO EARLIER -- NO EARLIER THAN TWO YEARS FOR THE AREA-WIDE AND SUBDISTRICT.

Goodman: BUT THERE ARE DATES LINED OUT. IN FACT, IN ONE THERE ARE QUARTERLY DATES MENTIONED FOR ABILITY TO AMEND, SO I THINK THAT'S TOO MANY, BUT WHATEVER PARTICULAR DATES ARE MENTIONED AS THE AMENDMENT PROCESS TIME, ARE THESE AMENDMENTS TIED TO THOSE TIMES OR IS THIS AN OPEN ABILITY.

YES, IT IS TIED TO THOSE TIMES OF ADOPTION. MOVING ON, PART 5-B, WAS ALSO AT FIRST READING, APPROVED AT FIRST READING. AND THIS TALKS ABOUT THE INITIATING OF A PLAN AMENDMENT BY A NEIGHBORHOOD CONTACT TEAM. PART 6 ALSO AT FIRST READING, THERE WAS SOME DETAILED INSTRUCTION ON WHAT THAT NEIGHBORHOOD PLAN -- NEIGHBORHOOD PLAN CONTACT TEAM WOULD BE COMPRISED OF. THAT'S WHAT YOU SEE IN PART 6-B. AND ALSO C. PART 7 CHS WAS ALSO PASSED AT FIRST READING, AND THAT TALKS ABOUT A PUBLIC HEARING AT PLANNING COMMISSION AND AT CITY COUNCIL AT THIS PROCESS. THE SAME THING WITH A AND B. B TALKS ABOUT THE PUBLIC HEARING FOR AN AREA-WIDE AND SUBDISTRICT. B-1-A AND B JUST TALK ABOUT NOTIFICATION AND WHO WE WOULD BE NOTIFYING FOR THOSE PUBLIC HEARINGS. PART A WAS ALSO FIRST READING. AND WHAT THIS TALKS ABOUT IS THE PUBLIC MEETING THAT WE WOULD BE CONDUCTING FOR A PLAN AMENDMENT REQUEST, SO THAT WE WOULD BE HOLDING THAT PUBLIC HEARING WITH THE NEIGHBORHOOD STAKEHOLDERS AND THE APPLICANT REQUESTING THAT AMENDMENT. PART 9, PART 9 TALKS ABOUT THE FACTORS THAT WE WOULD BE LOOK AT IN EVALUATING THE PLAN AMENDMENT REQUEST. AND IT GETS A LITTLE TRICKY AT 9 A. A AGAIN WAS FIRST READING AND UNDUE HARDSHIP. B, OF COURSE, MATERIAL CHANGE IN CIRCUMSTANCES, THAT WAS ALSO INCLUDED IN FIRST READING AS PART OF THE CRITERIA. C-1 WAS FIRST READING AS WELL, SIGNIFICANT EMPLOYMENT OPPORTUNITIES. AND 2 WAS PROMOTE SIGNIFICANT ENVIRONMENTAL PROTECTION AS WELL AS 3, THOSE WERE BOTH CAME OUT OF THE STAKEHOLDERS' DISCUSSIONS AND ENVIRONMENTAL AND LONG RANGE TRANSPORTATION. 4, SMART HOUSING CERTIFIED PROJECT WAS OF COURSE FIRST READING AND PART OF THAT CRITERIA AT THAT TIME. THE CLERICAL ERROR FIRST READING, SOUND PLANNING PRINCIPLES, FIRST READING, NEIGHBORHOOD PLAN GOALS AND OBJECTIVES, FIRST READING, AND G AS WELL, COMPATIBILITY WAS ALSO FIRST READING. I WANT TO -- I WANT TO -- THAT PRETTY MUCH GOES OVER THE ORDINANCE. WHAT I WANT TO TALK ABOUT -- COUNCIL, EXCUSE ME. THERE'S A PART THAT WAS NOT INCLUDED ON YOUR COPY, I BELIEVE, AND THAT'S THAT WE WOULD BE -- THAT THE CITY MANAGER SHALL PROVIDE A REPORT TO THE COUNCIL DURING NOVEMBER 2005, SO WE WOULD COME BACK IN THREE YEARS JUST TO AT LEAST LOOK AT THE PLANNING PROCESS AGAIN AND SEE WHAT HAS WORKED FOR US AND WHAT HAS NOT.

Goodman: MAYOR, COULD I ASK TWO QUESTIONS ABOUT LANGUAGE? COULD I ASK STAFF ABOUT TWO OF THE -- COULD I ASK STAFF ABOUT TWO OF THE PHRASES USED HERE?

Mayor Garcia: SURE.

Goodman: ON THE LAST PART, 9-3-G -- OR WAIT. 9-- JUST PLAIN OLD 9-G, I GUESS. YOU HAVE F, AND THIS IS WHEN THE DIRECTOR IS LOOKING AT FACTORS FOR REQUESTED AMENDMENTS. YOU HAVE F, WHICH SAYS THE NEIGHBORHOOD PLAN GOALS AND OBJECTIVES, AND G, IF THE PROPOSED AMENDMENT IS COMPATIBLE WITH EXISTING OR PERMITTED USES ON ADJACENT PROPERTY REGARD USE, BUILDING HEIGHT, SO ON, SO ON. SOOULD THAT NOT CONFLICT WITH F BECAUSE NEIGHBORHOOD PLANS ARE SORT OF LIKE A PUD IN A SENSE, THE ACTUAL ZONING IS NOT NECESSARILY -- OKAY. SO YOU'RE KIND OF GIVING THE OKAY TO IGNORE SOME OF THE PREROGATIVES OF THE PLAN BY INCLUDING G.

THAT'S RIGHT. ACTUALLY, THAT SHOULD NOT BE "AND." I AGREE WITH YOU, THEY SHOULD BE INDEPENDENT, THAT'S RIGHT. THE --

Goodman: TELL ME WHY G IS IN THERE AT ALL SINCE IT DOES CONTRADICT THE WHOLE EFFORT OF MAKING A NEIGHBORHOOD PLAN. OR COULD.

IT COULD. AND THIS WAS JUST ONE -- AT LEAST ONE FACTOR THAT WE WANTED TO INCLUDE, BUT NOT NECESSARILY WOULD BE THE CASE IN ALL CASES. SO IT JUST -- AT LEAST -- WE WANTED TO RECOGNIZE THE COMPATIBILITY IF THAT WAS OWE IF THAT WAS REALLY NECESSARY TO MAKE A CALL ON SOMETHING THAT WAS A GRAY AREA.

Goodman: OKAY. TELL ME THIS: IS IT NOT IN A WAY AN ABILITY IN SOME SITUATIONS TO NEGATE A CERTAIN COMPONENT OF A NEIGHBORHOOD PLAN, AND IN ESSENCE KIND OF COMING IN THE BACK DOOR. IT COULD BE INTERPRETED THAT WAY, YEAH. I CAN SEE HOW THAT COULD BE. AS FAR AS WANTING TO AT LEAST LOOK AT SOME OF THOSE FACTORS IN OUR EVALUATION, MAYBE IT DOESN'T HAVE TO BE INCLUDED IN THE ACTUAL ORDINANCE, BUT IT'S SOMETHING THAT WE DO EXERCISE EVEN WHEN DOING SOUND PLANNING PRINCIPLES. SO I CAN SEE YOUR POINT THERE.

Goodman: OKAY. THERE WAS -- DO YOU WANT TO TALK ABOUT THIS, BECAUSE I HAD ONE MORE QUESTION ABOUT LANGUAGE. I'LL DEFER TO COUNCILMEMBER ALVAREZ.

Alvarez: I ASSUME WE'RE DISCUSSING PART 9?

Goodman: YES, 9-G.

Alvarez: WHICH THIS IS A LIST OF THE FACTORS TO BE CONSIDERED WHEN CONSIDERING AN AMENDMENT. SO THESE ARE ALL THE THINGS THAT THE DIRECTOR COULD LOOK AT OR CONSIDER. SO REALLY THE THRESHOLD OF WHETHER YOU EVEN CONSIDER THE AMENDMENT, REGARDLESS OF WHAT THE CRITERIA ARE, IS UNDER PART 4, IS THAT CORRECT?

PART 4, WHICH TALKS ABOUT THE TIME FRAME, CORRECT?

Alvarez: RIGHT. BUT THERE IS NO -- 9-G, THAT PROVISION IS NOT ANYWHERE IN PART 4. BECAUSE THE JUSTIFICATION WAS THAT YOU COULD USE IT FOR INITIATING AN ANTICIPATED, BUT PART 9 IS NOT WHAT GIVES YOU THAT AUTHORITY, IT'S PART 4.

CORRECT.

Goodman: BECAUSE IT WOULD -- IT WOULD BE PART OF THE JUSTIFICATION GIVEN IN SOME NEIGHBORHOOD PLANS. OBVIOUSLY YOU COULDN'T QUESTION THAT JUSTIFICATION BECAUSE WE'RE NOT WORKING NECESSARILY BY EXISTING ZONING. IT IS LAND USE THAT'S BEING PLANNED. AND THE ZONING IS LATER FIXED TO FITTED LAND USE PLAN, BUT AS WE'VE SEEN NOT ALL OF THOSE ACTUALLY GO THROUGH A NEIGHBORHOOD PLAN AND IN THE FUTURE OR IF WE CATCH IT AT SOME POINT, THOSE WOULD BE CHANGES TO MATCH THE LAND USE PLAN. LATER IF THE ZONING CHANGE WAS REQUESTED, WE WOULD GO THROUGH NOT AS AN AMENDMENT, JUST AS A REGULAR ZONING CASE. BUT YOU HAVE KIND OF CAUGHT THAT AND MADE IT PART OF THE JUSTIFICATION FOR RECOMMENDING AN AMENDMENT, EACH THOUGH IT MAY BE EXACTLY THE OPPOSITE OF... AND I KNOW AS A PLANNER, YOU GUYS ALWAYS WOULD LIKE TO PUT IN YOUR RECOMMENDATIONS RELATIVE TO GOOD, SOUND PLANNING PRINCIPLES, BUT THEY DO CHANGE FROM TIME TO TIME. AND AS WE DO THE NEIGHBORHOOD PLANS, I DON'T KNOW THAT YOU CAN ALWAYS POINT TO THE PLACE IN THE BOOK WHERE THEY REQUEST THAT PRINCIPLE.

I WANT TO HELP RICARDO OUT A LITTLE BIT ON THE DRAFTING HERE. WHEN WE'RE LOOKING AT PART 9 AND WE'RE TALKING ABOUT THE LIST OF FACTORS HERE, IT SAYS THE DIRECTOR SHALL CONSIDER THE FOLLOWING FACTORS WHEN REVIEWING THE REQUESTED AMENDMENT. AND RICARDO WAS LOOKING AT F AND G AND HE WAS LOOKING AT THE AND, AND I THINK HE SUGGESTED THAT THE AND WAS NOT APPROPRIATE. THAT AND -- I DON'T BELIEVE THAT THE AND IS INAPPROPRIATE. THAT IS MERELY AN "AND" IN THE SENSE OF IT IS THE --

THE LAST.

IT'S JUST A LIST OF THE FACTORS. THE DIRECTOR IS JUST GOING TO SIMPLY LOOK AT THIS, AND IT DOESN'T -- AND THIS IS JUST SIMPLY A LIST. IT'S A LAUNDRY LIST. THIS IS A LIST OF THE FACTORS. AND SO IT'S JUST LIKE WHEN YOU SAY A, B, C AND D. AND SO I WANT TO POINT THAT OUT. IT'S NOT -- THIS IS THE APPROPRIATE LIST, IT'S JUST SAYING "AND." IT'S JUST MAKING A LIST. I WANT TO REASSURE YOU THAT THE REALLY IS APPROPRIATE. THIS IS THE LIST AND THIS IS THE LAST ITEM ON THE LIST FROM A DRAFTING STANDPOINT.

Goodman: YEAH, MY ISSUE WAS THE LIST, NOT THE AND.

I REALIZE THAT YOUR ISSUE WAS THE LIST, BUT I JUST WANTED TO HELP RICARDO OUT AS FAR AS WHAT WAS THE APPROPRIATE WORDING THERE.

SURE.

Mayor Garcia: WE HAVE SEVERAL PEOPLE SIGNED UP TO SPEAK. AND THIS IS THE SECOND AND THIRD READING, SO WE USUALLY DON'T TAKE PUBLIC TESTIMONY ON SECOND AND THIRD, BUT WHAT THEY'RE REQUESTING IS ADDITIONAL TIME, JUST TO GIVE YOU -- JEFF JACK SIGNED UP TO SPEAK AND HE SAYS THE FOLLOWING: NEIGHBORHOODS AND RICA REPRESENTATIVES MET WITH CITY STAFF TO DISCUSS THE DRAFT ORDINANCE SEVERAL WEEKS AGO. AT THE END OF THAT MEETING IT WAS INDICATED BY THE STAFF THAT A REVISED DRAFT WOULD BE CIRCULATED TO ALL PARTIES, AND A FOLLOW-UP MEETING HELD. NEITHER OF WHICH HAS BEEN DONE. IT IS ON FOR SECOND AND THIRD READING TODAY. NEIGHBORHOOD REPRESENTATIVES HAVE ONLY RECEIVED A COPY OF THE PROPOSED ORDINANCE THIS MORNING AND HAVE NOT HAD A CHANCE TO REVIEW IT OR CIRCULATE IT TO THE VARIOUS NEIGHBORHOOD INTERESTS. THEREFORE WE REQUEST THAT AN ACTION BE POSTPONED FOR TWO WEEKS, WHICH IN ESSENCE IN THIS CASE WOULD BE JANUARY THE 9TH TO ALLOW NEIGHBORHOOD REVIEW. AND THE SAME THING FOR VIAL I CAN'T HERRERA AND PRETTY MUCH THE SAME THING FOR SUSANA ALMANZA.

Goodman:> MAYOR, I HAD A CHANCE TO VISIT WITH JEFF JACKS EARLIER IN THE DAY AND GIVE HIM A COPY OF THE ORDINANCE. AND BY THE WAY, THERE WAS A MEETING HELD WITH THE STAKEHOLDERS. STAKEHOLDERS, WE JUST FAILED TO INCLUDE MR. JACK IN THE MEETING. HE WAS IN FAVOR OF HAVING SECOND READING TODAY AND THEN THIRD READING LATER ON. SECOND READING WOULD ALLOW DELIBERATION OF COUNCIL AND GIVE US MORE DIRECTION ON WHAT TO CHANGE AND BRING BACK FOR THIRD READING. SO HE WAS IN AGREEMENT OF HAVING AT LEAST SECOND READING TODAY AND THEN DEFERRING THIRD READING TO THE BEGINNING OF THE YEAR. GENERALLY THE 9TH -- JANUARY 9TH.

I WANTED TO MAKE ONE MORE CLARIFICATION AND I'M NOT SURE IF I DID IN THE BEGINNING OF MY PRESENTATION. BUT I'M TALKING ABOUT THE ONE-YEAR WAITING PERIOD. AFTER PLAN ADOPTION. WE HAVE SOME EXEMPTIONS FOR THAT, AND I'M NOT SURE IF I WENT THROUGH THOSE OR NOT. BUT VERY GIK QUIKLY, DURING THE ONE-YEAR WAITING PERIOD, AT FIRST READING WE -- THE COUNCIL LOOKED AT A SMART HOUSING CERTIFIED PROJECTS THAT THEY WOULD BE EXEMPT FROM THAT ONE-YEAR WAITING PERIOD TO FILE AN APPLICATION. HARD SHIPS OF COURSE. EMPLOYMENT OPPORTUNITIES THAT CAME UP DURING THE COUNCIL'S FIRST READING. AND CLERICAL ERRORS, ALSO FIRST READING. THE ADDED EXEMPTIONS FOR THAT ONE-YEAR WOULD BE TRANSPORTATION AND ENVIRONMENTAL CONCERNS THAT WERE NOT AT FIRST READING, BUT CAME OUT OF THE CONSENSUS. FOR AN EXEMPTION OF THAT ONE YEAR.

Mayor Garcia: SO YOU PULLED THIS ITEM?

Dunkerley: [ INAUDIBLE ] I WOULD LIKE TO MOVE APPROVAL OF THE ITEM THAT HE PRESENTED ON SECOND READING. AND THAT WOULD GIVE US AN OPPORTUNITY TO HAVE ALL THE STAKEHOLDERS LOOK AT IT AGAIN AND SEE WHAT ADDITIONAL CHANGES NEED TO BE MADE.

Mayor Garcia: WE HAVE SOME SPEAKERS. BEFORE I TAKE YOUR MOTION, I'LL GO THROUGH SOME OF THE SPEAKERS. I READ THE FIRST ONE, MR. JEFF JACKS, SYLVIA HERRERA, PLEASE INFORM THE COMMUNITY ON THE DRAFT ORDINANCE ON THIS ISSUE. SUSANNA ALMANZA, THE MEMBERS HAVE NOT BEEN INFORMED ABOUT THIS PROPOSED ORDINANCE. ANY ITEMS IMPACTING OUR PRESENT NEIGHBORHOOD PLAN SHOULD BE BROUGHT BEFORE NEIGHBORHOOD MEMBERS. JEFF HOWARD? AND AMELIA FOLLOWS HIM. AND CRAIG ALDER. MR. HOWARD?

THANK YOU, MAYOR, GOOD EVENING, COUNCILMEMBERS. MY NAME IS JEFF HOWARD. I'M A LAND USE AND REAL ESTATE ATTORNEY AND HAVE BEEN PRACTICING FOR SEVERAL YEARS HERE IN AUSTIN IN THE LAND USE REALM. I'M NOT HERE ON BEHALF OF ANY CLIENT, I'M JUST HERE AS SOMEONE WHO IS KNOWLEDGEABLE ABOUT THE PROCESS AND WHO WORKS EVERYDAY IN THE PROCESS AND HAVE BEEN PARTICIPATING IN SOME OF THE STAKEHOLDER MEETINGS AS WE'VE DISCUSSED AND WHAT THE ACTUAL LANGUAGE OF THE ORDINANCE WOULD BE. I'VE BEEN WORKING WITH THE RICA SUBCOMMITTEE ON THAT, AND THAT'S CHAIRED BY DAVID HEARTMAN, WHO MAY ALSO SHOW UP HERE TONIGHT. BUT I WANTED TO JUST GO OVER, WE GOT THE VERSION OF THIS ORDINANCE ABOUT 11 OAK THIS MORNING OR SO. SO WE HAD A CHANCE TO TAKE A LOOK AT IT AND WE HAVE SOME COMMENTS THAT WE WANTED TO GET BEFORE YOU. AND I HOPE YOU ALL HAVE JUST A WHITE SHEET -- WHITE SHEETS OF PAPERS THAT I HAVE MARKED, FRANKLY, WITH JUST A PEN, SOME LANGUAGE CHANGES. SOME OF THOSE HAVE ALREADY BEEN INCORPORATED IN THE NEW YELLOW SHEET VERSION THAT THE STAFF GAVE YOU. ONE OF THE CHANGES THAT WAS IMPORTANT TO US WAS PART 4-C-2-C. WHEN THE CONCEPT OF THE 4-C-2 EXCEPTIONS FIRST CAME UP WAS AT FIRST READING WHEN COUNCILMEMBER DUNKERLEY INDICATED SHE WOULD LIKE TO SEE CITY-WIDE BENEFITS, A PROJECT THAT BROUGHT CITYWIDE BENEFITS VIA AN EXEMPTION TO THE ONE-YEAR WAITING PERIOD. AND I THINK STAFF WAS CONCERNED ABOUT HOW DO WE NARROW DOWN WHAT CITY BENEFITS ARE, WHAT CITYWIDE GOALS ARE. AND CERTAINLY SIGNIFICANT EMPLOYMENT OPPORTUNITIES WAS ONE OF THOSE. WE SUBMIT THAT THERE WERE SOME OTHER ISSUES. A PROJECT THAT COMES FORWARD AND BRINGS ENVIRONMENTAL BENEFITS TO THE COMMUNITY, MAYBE WE SHOULDN'T WAIT A YEAR TO GET THAT ONE HEARD. A PROJECT THAT COMES FORWARD WITH TRANSPORTATION BENEFITS, MAYBE WE SHOULDN'T WAIT A YEAR TO HAVE THAT ONE HEARD. THE ONLY CHANGE WE'RE SUGGESTING IS ON THE TRANSPORTATION PORTION. ALLOWING AN EXEMPTION ONLY FOR THOSE ROADWAY -- THOSE PROJECTS THAT MIGHT IMPROVE OUR ARTERIALS IS TOO NARROW. YOU MIGHT HAVE A PROJECT THAT IMPROVES AN INTERSECTION OR THAT PROVIDES TRAFFIC CALMING OR DOES OTHER TYPES OF IMPROVEMENTS THAT BENEFIT TRANSPORTATION, AND IF IT'S A BENEFIT TO THE COMMUNITY AND IF THE DIRECTOR AND THE PLANNERS AND THE TRANSPORTATION AND SUSTAINABILITY DEPARTMENT AND THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT THINK THAT'S A SIGNIFICANT BENEFIT, THEY CAN BRING -- THEY COULD ALLOW THAT CASE TO GO FORWARD. THAT WOULD OF COURSE BE SUBJECT TO APPEAL, SO I WOULD DISAGREE. SO WE THINK THAT C-2-C AS ITS CURRENTLY DRAFTED BY STAFF IS TOO MAYOR NARROW AND WOULD LIKE TO SEE THAT BROADENED. ON PART -- ON PART 5-B, REGARDING THE NEIGHBORHOOD CONTACT TEAM, REQUESTING INITIATION OF A PLAN AMENDMENT -- [ BUZZER SOUNDS ] WELL, I HAVE IN CHANGES THERE. I THINK THOSE CHANGES ARE CONSISTENT WITH WHAT THE INTENT PROPOSED BY STAFF IS. I'VE TALKED TO DEBRA THOMAS, ASSISTANT CITY ATTORNEY THAT THOSE CHANGES WOULD BE CONSISTENT, PART 6 I THINK THOSE CHANGES ARE SELF-EXPLANATORY, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE ABOUT OUR RECOMMENDED CHANGES.

Mayor Garcia: QUESTIONS FOR MR. HOWARD? [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

Alvarez: ... ARE YOU ASSUMING THAT YOU WOULD BRING FAWRLD, SOMEBODY WOULD BRING FORWARD A DEVELOPMENT PROJECT THAT WOULD HELP FACILITATE TRAFFIC FLOW OR MOBILITY.

COUNCILMEMBER ALVAREZ, THE AUSTIN METROPOLITAN TRANSPORTATION PLAN DEALS WITH ROADWAYS. SIZE OF ROADWAYS, HOW BIG THEY ARE, WHAT SORT OF CAPACITY THEY ARE GOING TO CARRY. BUT THERE ARE OTHER TRANSPORTATION ISSUES. INTERSECTION IMPROVEMENTS. WE ADDRESS THOSE A LOT OF TIMES IN T.I. ASM. IT'S FORESEEABLE THAT A PROJECT WILL COME FORWARD WE WILL SAY LOOK, TRAFFIC IN THIS AREA IS BAD BECAUSE THIS INTERSECTION IS BAD. MY PROJECT PROPOSES TO FIX AND ADDRESS THAT INTERSECTION PROBLEM SO THAT THIS INTERSECTION WILL WORK BETTER AND IT WILL HAVE A TRAFFIC BENEFIT TO THE COMMUNITY. OF COURSE THE NEIGHBORHOOD WOULD HAVE A CHANCE TO SAY, YES, WE'D LIKE THAT PROJECT. I CAN ALSO THINK OF PROJECTS THAT I'VE BEEN INVOLVED IN WHERE WE OR THE NEIGHBORHOOD ASKED THAT WE PROVIDE TRAFFIC CALMING MEASURES IN THEIR NEIGHBORHOOD AND WE FUNDED THAT AND WE -- WE AGREED TO -- TO ADDRESS THAT. THOSE TYPES OF PROJECTS AREN'T GOING TO BE IN THE AUSTIN METROPOLITAN AREA IN THE TRANSPORTATION PLANNING. AND SO THERE CAN BE OTHER TRANSPORTATION BENEFITS THAT ARE PROVIDED THAT AREN'T SPECIFIED IN THE TRANSPORTATION PLAN. SO THE LANGUAGE THAT I'M SUGGESTING WOULD, OF COURSE, COVER ANY LONG-RANGE CONNECTIVITY GOALS OF THE TRANSPORTATION PLAN, THAT WOULD BE PART OF -- OF A BROADER LANGUAGE THAT I SUGGEST. I HOPE THAT ANSWERS YOUR QUESTION.

Alvarez: I GUESS I'M NOT SURE WHY WOULD HE BE GOING THROUGH AN AMENDMENT IF WE ARE IMPROVING THE ROADS? BECAUSE I DON'T KNOW THAT THAT'S AT LEAST WHAT I NECESSARILY ENVISIONED THE NEIGHBORHOOD PLAN DOING. BUT -- I GUESS THAT'S WHAT I DON'TED IN. ARE YOU SAYING THAT WE ARE BRINGING A PROJECT THAT DOESN'T MEET THE LAND USE PART OF THE NEIGHBORHOOD PLAN? BUT WE ARE -- BUT WE ARE ALSO, YOU KNOW, BUT IN ORDER TO MITIGATE SOME OF THE ISSUES WE ARE GOING TO BE MAKING TRANSPORTATION IMPROVEMENTS? I GUESS I'M WONDERING WHY WOULD THERE NEED TO BE AN AMENDMENT IF THE CITY IS GOING FORWARD OR SOMEONE IS GOING FORWARD TO MAKE SOME TRANSPORTATION IMPROVEMENTS?

THE -- THE PLAN AMENDMENT, YOU HAVE GOT A ONE-YEAR PROHIBITION OF A PLAN AMENDMENT. AN APPLICANT COULD NOT GET THEIR ZONING APPROVED, IF SOMEONE WANTED TO GO FROM -- FROM AN INTERIM R.R. ZONING TO A G.R. ZONING AND THE PLAN SAID, WE WANT TO KEEP THAT S.F. OR WE WANT TO KEEP IT OFFICE, BUT SOMEONE WANTED TO COME FORWARD WITH A G.R. ZONING, THEY WOULD HAVE TO GET A PLAN AMENDMENT FIRST. THE PLAN AMENDMENT PROHIBITS THAT FOR ONE YEAR. SO AN APPLICANT COULD NOT REZONE THEIR PROJECT FOR A YEAR. IN THAT PROJECT, THAT APPLICANT MAY HAVE SOMEONE WHO SAYS, LOOK, I WANT MY -- I WANT MY REZONING FOR G.R. AND IED IN THERE'S A TRAFFIC ISSUE OUT HERE. I'M WILLING TO FIX THAT TRAFFIC PROBLEM AS PART OF MY REZONING. OUR SUGGESTION IS THAT SHOULD SOMETHING THAT BRINGS A -- SHOULD A PROJECT THAT BRINGS A TRANSPORTATION BENEFIT TO THE COMMUNITY AND THAT STAFF RECOGNIZES IS A SIGNIFICANT BENEFIT, DOESN'T MEAN THAT YOU HAVE TO VOTE YES, BUT SHOULD WE PROHIBIT THAT PROJECT FROM COMING FORWARD, WE SAY, YOU KNOW, WE KNOW THAT YOU HAVE GOT -- YOU PROVIDE THE COMMUNITY A GOOD BENEFIT, BUT WE ARE NOT GOING TO HEAR YOUR CASE FOR A YEAR, WE ARE SUGGESTING MAYBE THAT TYPE OF BENEFIT IS ONE THAT YOU OUGHT TO CONSIDER BRINGING FORWARD IF IT WILL INDEED HELP A TRAFFIC SITUATION.

Alvarez: OKAY. THAT HELPS A LOT. THANK YOU.

ANY OTHER QUESTIONS?

ANY OTHER QUESTIONS FOR MR. HART. AT THIS TIME, I WOULD LIKE -- I WILL ENTERTAIN A MOTION TO RECESS THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL SO WE CAN GO INTO THE 5:30 TIME CERTAIN FOR MUSIC. MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER WYNN. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES. SIT BACK AND RELAX. WE ARE GOING TO HAVE SOME MUSIC AND SOME PROCLAMATIONS. WHEN WE COME BACK, WE WILL BE TAKING UP THE -- THE CONCLUSION OF THIS ITEM AND THEN WE WILL GO TO THE 6:00 TIME CERTAIN.

Goodman: OKAY, IT LOOKS LIKE A GOOD CROWD, THEY MAKE A LOT OF NOISE SO IT CAN'T BE BAD. WE ARE GOING TO START OUT OUR MUSIC TODAY -- SOMETIMES WE THINK THAT MAYBE MUSIC SOOTHES THE SOUL OF THE SAVAGE BEAST, SO WE THOUGHT IT WAS A GOOD WAY TO PUT A BREAK INTO A COUNCIL MEETING. THIS IS THE PAUL LOGAN BAND AND HE IS A 6th GENERATION TEXAN. THIS BAND HAS BEEN DESCRIBED AS PROGRESSIVE COUNTRY MEETS TEXAS HONKY TONK SOUND. THEY HAVE A DEBUT C.D. UNDERNEATH TEXAS SKIES THAT FEATURES 10 ORIGINAL SONGS AND SO IT IS WITH GREAT PLEASURE THAT I TAKE THE MAYOR'S PLACE HERE AND OFFER YOU THE PREDICTS FROM HIM AND -- THE PROCLAMATION FROM HIM AND FROM THE COUNCIL TO LET IT BE KNOWN THAT WHEREAS THE LOCAL MUSIC COMMUNITY MAKES MANY CONTRIBUTIONS TOWARDS THE DEVELOPMENT OF AUSTIN'S, SOCIAL, ECONOMIC AND CULTURAL DIVERSITY, WHICH IS WHAT I SAY EVERY TIME I SUPPORT THE AUSTIN MUSIC NETWORK -- AND WHEREAS THE DEDICATED EFFORTS OF ARTISTS FURTHER AUSTIN'S STATUS AT THE LIVE MUSIC CAPITOL OF THE WORLD, NOW THEREFORE, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS DOES HEREBY PROCLAIM DECEMBER 12th, 2002, AS THE PAUL LOGAN BAND DAY HERE IN AUSTIN. WE CALL ON ALL OF YOU TO HELP US CELEBRATE THE WONDERFUL MUSIC THESE FOLKS BRING TO US. THANK YOU. [ APPLAUSE ]

WE APPRECIATE THE INVITATION, WE ARE HONORED TO BE HERE. AND WE WILL DO A NEW SONG THAT WILL BE ON THE NEXT ALBUM CALLED PARADISE. ONE, TWO, THREE, FOUR. [ (music) MUSIC PLAYING (music)(music) ] [ (music) SINGING (music)(music) ]

Goodman: OKAY, NOW, COUNCILMEMBERS, DO YOU HAVE ECONOMIC DEVELOPMENT INITIATIVE THAT HAS A PLAK OF THAT PLATFORM SUPPORT -- AS A PLANK OF THAT PLATFORM SUPPORT FOR THE DIVERTS ECONOMIC BASE THAT OUR CITY HAS TO OFFER. DIVERSE ECONOMIC BASE. IN THAT ENDEAVOR, I WILL SAY WHERE CAN WE BUY YOUR MAJOR OR GO PAY TO SEE YOU?

WE CAN BEST BE SEEN RIGHT NOW ON METRIC AT THE CANARY ROOST. AND WE HAVE A C.D. AVAILABLE ON TEXAS MUSIC ROUNDUP.COM.

SOUNDS GOOD. LET ME OFFER YOU A PROCLAMATION AND THANK YOU AGAIN FOR BEING HERE.

THANK YOU VERY MUCH. [ APPLAUSE ]

Slusher: ALL RIGHT. WELL, WE ARE GOING TO -- THIS IS A PROCLAMATION FOR REALLY A TEAM COMMUNITY EFFORT HERE IN AUSTIN AND SOUTH AUSTIN AS A MATTER OF FACT. AND TRAVIS HEIGHTS, LITTLE STACY PARK. THE NEIGHBORS AND HOME DEPOT, A BUNCH OF FOLKS, I WILL JUST READ THE THING IN A MINUTES, GOT TOGETHER AND REDID THE PLAYGROUND BASICALLY THE -- THE NEIGHBORS OF THE PLAYGROUND, THE HOME DEPOT IN THE AREA AND THE CITY PARKS DEPARTMENT. AND ONE OF THE NICE THINGS ABOUT IT IS THAT WE HAD A ZONING CASE DOWN HERE, IT WASN'T REALLY CONTENTION BY OUR STANDARDS -- CONTENTIOUS BY OUR STANDARD, THERE WAS DISAGREEMENT ON WHETHER TO HAVE IT OR NOT, BUT NEVER GOT PARTICULARLY HEATED BY I GUESS BY OUR STANDARDS DOWN HERE, BUT IT WAS DISAGREEMENT AND THEN THE NEIGHBORHOOD WAS ABLE TO COME TO A COMPROMISE WITH THE HOME DEPOT AND IT'S THERE NOW AND THEN I WENT OUT -- THEN THEY WORKED TOGETHER TO GET THIS PARK DONE AS A VOLUNTEER EFFORT AND I WENT OUT THERE ONE THURSDAY, THEY HAD BEEN WORKING TOGETHER SINCE ABOUT, WHAT, 6:00 IN THE MORNING? 5:00. I COULDN'T EVEN SAY IT. IN THE -- IN THE POURING RAIN AND JUST LITERALLY KNEE DEEP IN THE MUD. BUT EVERYBODY WORKING TOGETHER, THE NEIGHBORS, HOME DEPOT FOLKS OUT THERE IN THEIR HOME DEPOT APRONS THAT THEY ARE ALSO WEARING TONIGHT AND CITY PARKS DEPARTMENT FOLKS, REALLY A GREAT THING. IT'S DONE NOW AND SO WE WOULD JUST LIKE TO COMMEND THAT KIND OF EFFORT. PEOPLE TAKING MATTERS INTO THEIR OWN HANDS AND IMPROVING THEIR COMMUNITY. THERE WAS ALSO A NICE ARTICLE IN THE STATESMAN ABOUT -- I CAN'T REMEMBER, IT WAS SHERRI AND CATHY TALKING ABOUT HOW THAT SHE WAS OUT WALKING BY HERSELF OR WALKING THE DOG BY HERSELF AND THAT SHE ORIGINALLY HAD BEEN RELUCTANT TO GO MUCH FURTHER THAN HER HOUSE BUT THEN SHE REALIZED WELL, I KNOW SOMEBODY IN THAT HOUSE, IN THAT HOUSE, IN THAT HOUSE, KNEW ALL OF THE NEIGHBORS AGAIN. THAT'S THE KIND OF COMMUNITY THAT I THINK THAT WE WOULD ALL LIKE TO HAVE AND GET BACK TO IN AUSTIN AND THE UNITED STATES. LET ME JUST READ THIS, I WILL TURN IT OVER TO CLARK HAMMOND AND SHERRI, ANYBODY THAT WANTS TO SAY A FEW DAYS. BE IT KNOWN THAT WHEREAS THE SOUTH RIVER CITY CITIZENS NEIGHBORHOOD ASSOCIATION PLANNED, ORGANIZED AND RAISED FUNDS TO MAKE PERMANENT IMPROVEMENTS TO LITTLE STACY PARK, WHEREAS GRANTS FROM HOME DEPOT, AUSTIN COMMUNITY FOUNDATION, LCRA AND THE AUSTIN PARKS FOUNDATION, I LEFT OUT A FEW EARLIER YOU CAN SEE, ALONG WITH NEIGHBORHOOD FUNDRAISING EFFORTS, FINANCIAL IMPROVEMENTS AND LABOR VALUED AT $100,000, MORE THAN 150 DEDICATED VOLUNTEERS BRAVED A STORM TO BUILD A PLAYSCAPE, ERECT PICNIC TABLES AND BENCHES AND PLANT HUNDREDS OF PLANTS UNDER THE KABOOM, THEREFORE I, GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS PROPER PROCLAIMS DECEMBER 12th, 2002 AS LITTLE STACY PARK PROJECT RECOGNITION DAY. ALL RIGHT. [ APPLAUSE ]

THANK YOU VERY MUCH COUNCILMEMBER SLUSHER, I WANT TO THANK THE CITY TOWN AND THEY STAFF AT THE -- CITY STAFF AT THE PARKS DEPARTMENTS THAT HELPED US OUT. IF THEY ARE HERE TONIGHT, WE LOVE YOU GUYS. I WANT TO MOST OF ALL THANK SHERRI ANCIPINK THE BRAIN AND ENGINE BEHIND THIS MAGNIFICENT PARK PROJECT. I WANT TO THANK DON REESE AND MIKE MURPHY FROM HOME DEPOT CORPORATION. A COUPLE OF YEARS AGO WHEN WE CAME HERE ON THE ZONING CASE FOR THE HOME DEPOT IN OUR NEIGHBORHOOD, I TOLD THE COUNCIL THAT THESE GUYS TOLD ME THAT HELD BE GOOD -- THAT THEY WOULD BE GOOD NEIGHBORS, THEY HAVE BEEN GREAT NEIGHBORS MUCH THANK YOU HOME DEPOT. THANK ALL OF THE VOLUNTEERS HERE. WE DID THIS FOR THE KIDS IN THE NEIGHBORHOOD AND THE KIDS ARE HERE. THEY ARE NOT OLD ENOUGH TO VOTE YET, BUT THEY WILL BE PRETTY SOON. THANK YOU VERY MUCH. [ APPLAUSE ] I WOULD LIKE TO INTRODUCE SHERRI, A RISING STAR, A GREAT DAY FOR SOUTH AUSTIN.

WELL, IT'S BEEN A GREAT PROJECT TO WORK ON. AND IT'S MADE LIFE LONG FRIENDS OF NEIGHBORS IN OUR NEIGHBORHOOD. NOT ONLY WITH HOME DEPOT AND WITH THE HELP OF KABOOM AND THE CITY OFFICIALS, WE JUST HAD A GREAT TIME. I THINK THIS IS A REALLY IMPORTANT PROJECT FOR OUR CITY BECAUSE IT SHOWS HOW CORPORATIONS AND NEIGHBORHOODS AND THE CITY CAN ALL COME TOGETHER AND DO SOMETHING GREAT FOR A COMMUNITY. THE ECONOMICKIZATION THAT WE ARE IN, THIS IS A REALLY IMPORTANT PROJECT AND A GOOD ROLE MODEL FOR THE REST OF OUR CITY. I HAVE HAD A WONDERFUL TIME, I JUST REALLY WANTS TO THANK MY NEIGHBORS, THIS IS JUST A SMALL PORTION OF THE PEOPLE THAT CAME TOGETHER TO MAKE THIS PROJECT HAPPEN AND WITH THE HOME DEPOT AND EVERYONE AND ALSO THE PEOPLE AT KABOOM, THANK YOU SO MUCH. [ APPLAUSE ]

Mayor Garcia: IF COUNCILMEMBER THOMAS IS WITHIN HEARING, WE WILL ALLOW HIM TO MAKE THE NEXT PRESENTATION. COUNCILMEMBER THOMAS.

Thomas: MAYOR, YOU MOVED ME UP, I THOUGHT IT WAS LAST. GOOD EVENING, EVERYONE. THIS IS A BLESSED DAY AND A KIND OF SAD DAY FOR ME. I WOULD LIKE MY STAFF TO COME FORWARD. I DON'T THINK IT'S NO SECRET NOW THAT EVERYBODY KNOW THAT MY EXECUTIVE ASSISTANT LAST DAY WILL BE FRIDAY. SHE WAS A -- SHE'S BEEN VERY CLOSE TO ME. SHE'S BEEN A BLESSING TO ME. I HAD AN OPPORTUNITY TO MEET LINDA DALY I THINK THE MIDDLE OF -- FIRST PART OF 2000 WHEN I ANNOUNCED TO RUN FOR PLACE 6 IN DECEMBER OF 1999. RIGHT AFTER THAT I HAD AN OPPORTUNITY TO MEET LINDA DALY. LINDA DALY HAS BEEN VERY SPECIAL TO ME. VERY INSTRUMENTAL IN WHERE I AM TODAY. SHE'S BEEN VERY HELPFUL. SHE'S THE TYPE OF PERSON THAT IS A GO-GETTER. I THINK STAFF KNOWS THAT. SHE'S A PERSON THAT HAS THE HEART FOR THE CITIZENS OF AUSTIN. AND ANOTHER THING IS TO -- SHE HAS A LATER LIKE -- A HEART LIKE I DO. SHE LOVES GOD LIKE I DO. SHE ALSO HAS HAD THE HEART AND THE MIND AND THE THOUGHTS AND THE ENERGY AND THE -- FOR THE PEOPLE OF THE CITY OF AUSTIN. I'M GOING TO MISS HER DEARLY, BUT SHE'S GOING TO HIGHER GROUND. SHE IS GOING TO A CITY THAT IS A LITTLE BIT LARGER THAN AUSTIN, TEXAS. BUT HOUSTON IS REALLY RECEIVING A JEWEL THAT I'M GOING TO MISS VERY MUCH. I'VE BEEN BLESSED TO HER REPLACEMENT IT'S SOMEONE THAT IS DEAR TO ME, ALSO, WHICH WOULD BE MY NEW EXECUTIVE ASSISTANT IS SANDRA FRASIER. BUT I WANT TO GIVE SOMETHING TO HER, JUST A VERY SMALL TOKEN, BUT TO LET HER KNOW THAT -- REMEMBER US AND REMEMBER THAT I WILL ALWAYS -- BE IN HER HEART, ALSO BE BY HER WHENEVER SHE NEEDS ME, VICE VERSA, I HOPE IT'S THE SAME IF I NEED SOME ADVICE. I'M -- LINDA DALY, WOULD YOU STEP FORWARD, PLEASE. MY STAFF ASKED ME WHAT'S WRONG WITH YOU TODAY? I SAID NOTHING, BUT THIS IS PRETTY -- A PRETTY TOUGH DAY FOR ME. THIS IS A CITY OF AUSTIN DISTINGUISHED SERVICE AWARD. AND IT SAYS FOR SERVING AS EXECUTIVE ASSISTANT TO CITY COUNCIL DANNY THOMAS FOR PASSIONATELY PURSUING CHANGES IN POLICIES THAT SIGNIFICANTLY BETTERED THE LIVES OF AUSTINITES, FOR SERVING AS AN ADVISOR AND A CONFIDANT AND TAKING TOUGH ISSUES WITH ENERGY, INTELLIGENCE AND TENACITY, LINDA DALY IS DESERVING OF PUBLIC ACCLAIM AND RECOGNITION, THERE'S NO GREATER CALLING THAN PUBLIC SERVICE AND YOU HAVE DISTINGUISHED YOURSELF AS A PUBLIC SERVANT. THANK YOU FOR CONTRIBUTING TO OUR CITIZENS, OUR CITY, AND PRESENT AND OUR FUTURE. PRESENTED THIS 12th DAY OF DECEMBER, IN THE YEAR OF 2002, THE CITY COUNCIL OF AUSTIN, TEXAS AND IT'S SIGNED BY OUR GREAT MAYOR, MAYOR GUS GARCIA. AND I WILL LET HIM READ WHAT HE WROTE OUT HERE, COME ON UP, MAYOR.

Mayor Garcia: I'VE LEARNED TO RESPECT AND ADMIRE THE WORK OF LINDA DAILEY AND THE -- IN THE 13 MONTHS OR SO THAT I'VE BEEN HERE. SO I WANTED TO WRITE SOMETHING PERSONAL. I REALLY HAVE ENJOYED WORKING WITH YOU. I ALSO DEEPLY ADMIRE YOUR TENACITY AND YOUR DEDICATION. I PUT SOMETHING IN SPANISH HERE THAT I HOPE THAT YOU CAN GO TRANSLATE SOMEPLACE. [ LAUGHTER ] IT MEANS CONGRATULATIONS. [ APPLAUSE ]

WELL, I WANTED TO TAKE A COUPLE OF MINUTES BECAUSE, AS EVERYONE KNOWS, NO MAN OR WOMAN IS AN ISLAND. AND I FIRST WANT TO GIVE GLORY TO GOD, MY LORD JESUS AND THE HOLY SPIRIT FOR GIVING ME THE STATE REPRESENTATIVE,ENGTHAND COURAGE TO SERVE THE -- THE STRENGTH AND COURAGE TO SERVE THE CITIZENS OF AUSTIN AND TO STAND BY MY COMMITMENT TO COUNCILMEMBER THOMAS. SECONDLY I WANTED TO THANK COUNCILMEMBER THOMAS FOR HIS UNWAVERING SUPPORT. HE'S A WONDERFUL BOSS, VERY GENTLE, VERY KIND. I WILL NEVER FORGET THE WORDS, HIS FAMOUS WORDS TO ME WERE, LINDA, WE HAVE TO SERVE THEM ALL. THERE WERE TIMES WHEN I WAS EXTREMELY FRUSTRATED AND WANTED TO GIVE UP, BUT HE SAID, "WE HAVE TO SERVE THEM ALL." I WILL ALWAYS REMEMBER HIM FOR THAT, I THANK HIM VERY MUCH. [ APPLAUSE ] TO HIS WIFE, JANICE, TO MY GOOD FRIEND KIMBERLY, OUR OFFICE REPLACEMENT, TO MY REPLACEMENT SANDRA PHASER AND DOMINIQUE WASHINGTON, OUR INTERN, THANK YOU VERY MUCH FOR MAKING MY JOB A LOT EASIER AND HELPING ME TO HELP THE COUNCILMEMBER TO SHINE. THANK YOU. MAYOR GARCIA, IT HAS BEEN SUCH A PLEASANT SURPRISE WORKING WITH THE MAYOR. HE HAS MADE THIS PLACE SUCH A WONDERFUL PLACE TO WORK. HIS COMMITMENT TO FAIRNESS, HIS COMMITMENT TO EQUITY HAS BEEN UNSURPASSED. HIS STAFF, PAUL, OUR CHIEF AIDE, DANA AND ADAM HAVE BEEN WONDERFUL TO WORK WITH. I'M GOING TO TERRIBLY MISS THEM. TO MAYOR PRO TEM GOODMAN, SHE PROBABLY DOESN'T REMEMBER THIS, BUT WAY BEFORE I EVEN STARTED WITH THE CITY, SHE WROTE A COMMITMENT -- A RECOMMENDATION LETTER FOR ME TO GET ACCEPTED INTO LEADERSHIP AUSTIN. BASED UPON HER RECOMMENDATION AND JUDGE BISCOE'S, I WAS ACCEPTED AND WAS ABLE TO COMPLETE THAT PROGRAM. I WANT TO THANK HER BECAUSE I HAVE ADMIRED HER FROM AFAR SINCE I HAVE BEEN WORKING HERE UP CLOSE. I WANTED TO THANK HER AND HER STAFF JERRY AND ANDREW. COUNCILMEMBER SLUSHER, TINA, COMMITMENT TO THE ENVIRONMENT. COUNCILMEMBER ALVAREZ AND HIS ASSISTANT VERONICA FOR THEIR COMMITMENT TO AFFORDABLE HOUSING. COUNCILMEMBER DUNKERLY AND HER ASSISTANT GLORY WHY TO THEIR COMMITMENT WITH HEALTH CARE AND OTHER ISSUES. COUNCILMEMBER WYNN AND HIS AIDE JOSH AND THEIR COMMITMENT TO ECONOMIC DEVELOPMENT. ALSO I WANTED TO AND COULD NOT STOP WITHOUT THANKING MY MENTOR, WITHOUT WHOM I WOULD NOT HAVE LEARNED OR KNOWN ANYTHING ABOUT POLITICS, AND HE TOOK THE TIME WHEN I WAS STILL VERY GREEN BEHIND THE EARS TO HELP ME TOED IN SOME OF THE IN-- TO UNDERSTAND SOME OF THE INNER WORKINGS OF THE CITY, FORMER COUNCILMEMBER ERIC MITCHELL. IN ADDITION I WANTED TO THANK COUNCILMEMBER GRIFFITH, I DON'T KNOW IF SHE'S WATCHING RIGHT NOW, SHE WAS AN UNWAVERING AND STEADFAST SUPPORTER OF MANY OF THE THINGS WE TRIED TO ACCOMPLISH HERE. I WANTED TO SAY TO HER IF SHE'S WATCHING THANK YOU, THE CITY MANAGER, TOBY FUTRELL THANK YOU VERY MUCH FOR ALL OF THE SUPPORT, AGENDA OFFICE, LAW DEPARTMENT, DEBORAH THOMAS FOR ALL OF THEIR ASSISTANCE, TO OUR COMMUNITY MEMBERS, BOARD COMMISSION VOLUNTEERS, THANK YOU VERY MUCH FOR MAKING THE RECOMMEND RECOMMENDATIONS TO US IN WHICH WE WERE ABLE TO DRAFT LEGISLATION TO HOPEFULLY MAKE AUSTIN A BETTER PLACE FOR EVERYONE TO LIVE. TO AMELIA CHANNEL 6, ROBERT, CHAPA AND ABLE THANK YOU VERY MUCH FOR YOUR SUPPORT, TO THE AUSTIN AMERICAN-STATESMAN, SPEAKERLY THEIR ARTICLE THIS MORNING -- ESPECIALLY THEIR ARTICLE THIS MORNING, YOU DIDN'T HAVE TO, YOU DID IT, THANK YOU VERY MUCH, STEVE AND LEAH, THE AUSTIN CHRONICLE FOR KEEPING OUR CITIZENS APPRISED OF EVERYTHING THAT HAPPENS HERE APPEARED TO JOE CLIFTON WITH IMPACT MAGAZINE. AND IN FACT THANK YOU, JOE, WHEREVER YOU MIGHT BE. THREE LAST POINTS THAT I WANTED TO MAKE TO THREE ORGANIZATIONS THAT I WORK CLOSELY WITH TO HELP DRAFT SOME LEGISLATION WITHIN THE CITY AND TO HELP IMPLEMENT SOME PROGRAMS OR POLICIES THAT'S OUR COMMUNITY ACTION NETWORK, FRED BUTLER, SAM WILLARD AND STAFF THERE. THE LEAGUE OF WOMEN VOTERS, AND THE AUSTIN REVITALIZATION AUTHORITY WITH BYRON MARSHAL AS THE DIRECTOR OF THAT ORGANIZATION. AGAIN, THANK YOU VERY MUCH TO THE CITIZENS OF AUSTIN FOR GIVING ME THE OPPORTUNITY TO SERVE YOU. I WILL MISS YOU AND WILL MISS THE CITY VERY MUCH, WILL MISS COUNCILMEMBER THOMAS AND ALL OF THE COUNCILMEMBERS HERE. AND AGAIN THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor Garcia: THE NEXT SERIES OF PRESENTATIONS ARE GOING TO BE MADE BY COUNCILMEMBER WILL WYNN. COUNCILMEMBER WYNN?

WYNN: THANK YOU VERY MUCH, WE HAVE A CROWD HERE THAT'S GOING TO JOIN ME. OKAY. I'M VERY PROUD TO BE HERE WITH THE SPECIAL OPERATIONS TEAMS OF BOTH THE AUSTIN FIRE DEPARTMENT AND THE AUSTIN TRAVIS COUNTY E.M.S. LIKE A LOT OF CITIZENS, I -- I JUST INTUITIVELY BELIEVE AND HAVE BEEN DEALING WITH SOME OF THESE MEN AND WOMEN, BELIEVE THAT WE HAPPEN TO HAVE THE FINEST GROUP OF FIRST RESPONDERS IN THE STATE. AND OCCASIONALLY THEY GET TO GO PROVE THAT. AND EARLIER THIS YEAR AT GARNER STATE PARK, THEY IN FACT HAD THE BIG STATE-WIDE COMPETITION. IT WAS A THREE-DAY COMPETITION, TESTED TEAMS EFFICIENCIES, EFFECTIVENESS, RESCUE PREPAREDNESS, TEAMWORK, INCIDENT COMMAND MANAGEMENT, SCENE SIFT AND COMMUNICATION SKILLS IN A WILDERNESS SETTING. SOUNDS LIKE A CITY COUNCIL MEETING. [ LAUGHTER ] THE FIRE DEPARTMENT'S SPECIAL OPERATIONS TEAM, 12 PERSON TEAM, THEY WON THE STATE-WIDE VERTICAL COMPETITION WHICH INCLUDED MOUNTAIN FACE AND CAVERN SITES. INTERESTINGLY ENOUGH, THE AFD TEAM ENCOUNTERED A BEE ATTACK VICTIM EN ROUTE TO THEIR STARTING POINT AND ACTUALLY PERFORMED A LIVE RESCUE BEFORE EVEN STARTING THE COMPETITION. AFD IS ALSO PLEASED TO KNOW THAT THE FIRE DEPARTMENT SENT A SECOND TEAM TO GO THERE PARTICIPATE AND GAIN SOME EXPERIENCE. THE 12 PERSON AUSTIN TRAVIS COUNTY E.M.S. SPECIAL OPS TEAM OF PARAMEDICS AND NURSES PARTICIPATED AND WON THE OVERALL HIGH POINT TRAVELLING TROPHY AND ADVANCED CATEGORY RESCUE. THESE E.M.S. PROFESSIONALS STAFF A -- SIX ESPECIALLY EQUIPPED AMBULANCES AND THE STAR FLIGHT HELICOPTER, 24/7, 365 DAYS OF THE YEAR, PROVIDING EXPERTISE IN AUSTIN, TRAVIS COUNTY, IN THE SURROUNDING COUNTIES, ACTUALLY. THEY SPECIALIZED -- THE SPECIALIZED TRAINING INCLUDES SWIFT WATER RESCUE, HIGH ANGLE CONFINED SPACE, HELICOPTER, HAZARDOUS MATERIALS AND BIOTERRORISM. PLEASE JOIN ME IN CONGRATULATING BOTH THE AUSTIN FIRE DEPARTMENT SPECIAL OPS AND THE AUSTIN TRAVIS COUNTY SPECIAL OPS TEAM FOR THEIR SUCCESS. [ APPLAUSE ] IF I CAN KEEP THIS STRAIGHT, QUARTER WE ARE GOING TO HAND OUT THE FIRE DEPARTMENT'S PROCLAMATION. ESSENTIALLY A CERTIFICATE OF CONGRATULATIONS SIGNED BY OUR MAYOR, IDENTIFYING WHAT I JUST SAID, HOW PROUD WE ARE OF THE -- OF OUR FIRST RESPONDERS AND CONGRATULATING THEM ON THE STATE-WIDE VICTORIES THAT THE COMPETITION -- AT THE COMPETITION AT GARNER STATE PARK. FIRE DEPARTMENT, LET'S SEE, OF COURSE THIS IS -- BETTER NOT SEPARATE IT, OF COURSE, LET'S SEE. CAN I GET YOU TO -- FIRE IS ON THE BOTTOM? OKAY.

CAN I SAY SOMETHING? [ LAUGHTER ] MAYOR, COUNCIL, ON BEHALF OF THE AUSTIN FIRE DEPARTMENT SPECIAL OPERATIONS TEAM AND THE REST OF THE FIRE DEPARTMENT, WE APPRECIATE THIS GREATLY, THANK YOU ALL FOR YOUR SUPPORT. [ APPLAUSE ] [ APPLAUSE ]

Mayor Garcia: IS JAN HILTON STEVENS HERE? DID YOU BRING YOUR HUSBAND WITH YOU?

I DID. [ LAUGHTER ]

Mayor Garcia: DISTINGUISHED PEOPLE THAT WORK FOR THE CITY, FROM TIME TO TIME WANT TO RETIRE, OR TAKE ON SECOND CAREERS, GO HOME, DO WHATEVER. BUT -- BUT THE THING THAT WE WANT POINT OUT IS THAT THE CITY RUNS WELL BECAUSE PEOPLE DEDICATE THEIR TIME AND EFFORTS AND ENERGIES TO MAKE IT RUN WELL. IT'S NO ACCIDENTAL, YOU KNOW, THERE WAS A FELLOW THAT RAN THE NIGHT HAWK, THAT USED TO SAY "THERE'S NOTHING ACCIDENTAL ABOUT QUALITY. NOTHING." AND HE WAS ABSOLUTELY CORRECT. SO THIS DISTINGUISHED SERVICE AWARD ISSUED BY THE CITY OF AUSTIN -- YOU OUGHT TO BE DOING THIS, BETTY? DIDN'T SHE WORK FOR YOU. [ LAUGHTER ]

COME ON.

THANK YOU. WELL, I DON'T KNOW WHETHER SHE WORKED FOR ME SPECIFICALLY, BUT SHE'S WORKED FOR A LOT OF PEOPLE IN THE CITY SINCE 1979 AND I THINK ALL OF US APPRECIATE JAN'S DEVOTION, HER ABSOLUTE HONESTY, AND JUST REALLY HARD WORK. SHE DID AN EXEMPLARY JOB IN EVERYTHING SHE DID. SO FROM THAT PERSPECTIVE, I DO THANK YOU. SO IT'S GOING TO BE MY PLEASURE TO PRESENT THIS DISTINGUISHED SERVICE AWARD TO YOU. FOR 23 YEARS OF DEVOTION TO PUBLIC SERVICE, REACHING OUTWARD TO THE COMMUNITY AS WELL AS INWARD TO THE CITY ORGANIZATION, MY PLEASURE TO PRESENT THIS AWARD TO JAN STEVENS IN -- AS SHE DESERVING OF PUBLIC ACCLAIM AND RECOGNITION. THROUGHOUT THE YEARS JAN THAT SERVED VARIOUS CITY DEPARTMENTS WITH FOCUS COMMITMENT. JAN BEGAN WORK FOR THE CITY IN 1979 AS AN ADMINISTRATIVE INTERN IN MANAGEMENT SERVICES AND THROUGHOUT HER CAREER WORKED FOR 8 CITY DEPARTMENTS. JAN HAS ASSISTED THE CITY IN MAKING SIGNIFICANT IMPROVEMENTS TO THE DELIVERY OF PROGRAMS AND SERVICE GOES TO THE CITY OF AUSTIN -- SERVICES TO THE CITY OF AUSTIN. JAN HAS BEEN A RESOURCE FOR ALL WHO HAVE WORKED WITH HER. SHE HAS SERVED WITH THE CITY WITH NOT ONLY COMPLETE PROFESSIONALISM, BUT WITH A KINDNESS THAT IS NOT -- HAS NOT GONE UNNOTICED. WE CONGRATULATE JAN ON HER ACCOMPLISHMENTS AND HER DEDICATION TO SERVING THE CITIZENS OF AUSTIN. THIS IS PRESENTED THE 12th DAY OF DECEMBER, BY THE AUSTIN CITY COUNCIL, AND IT'S SIGNED BY OUR MAYOR, GUS GARCIA. [ APPLAUSE ]

Mayor Garcia: AND HER BOYFRIEND IS HERE. [ LAUGHTER ] JOHN STEVENS. JOHN, DO YOU WANT TO SAY A FEW WORDS?

WELL, THANK YOU, THOSE ARE VERY KIND WORDS. I APPRECIATE IT, MAYOR GARCIA, CITY COUNCIL AND TOBY. I DO WANT TO RECOGNIZE MY FAMILY. MY HUSBAND NOW AND BEEN A GOOD FRIEND IN THE CITY FOR ALMOST MY 23 YEARS AND NOW FOR THE LAST COUPLE OF MONTHS MY HUSBAND. I HAVE MY SON HERE, JEFF CROW, AND HE AT 19 WAS PART OF THIS CAREER HIS ENTIRE LIFE AND HE PROBABLY HAS SOME STORIES TO TELL, BUT DON'T ASK. [ LAUGHTER ] AND MY FAMILY IN MICHIGAN IS WATCHING VIA THE INTERNET. SO SAY HELLO TO THEM WITH THE WONDERS OF THE INTERNET. YOU REALLY CAN'T DO THIS KIND OF A JOB WITHOUT THE SUPPORT AND THE ENCOURAGEMENT OF YOUR FAMILY. THE -- YOU KNOW, I STARTED THIS OUT AS AN INTERN AND JUST THOUGHT IT WOULD BE A COUPLE OF MONTHS AND HERE IT'S 23 YEARS LATER. I THINK IT'S -- IT STILL HAD ITS INTERNSHIP POSSIBILITIES WHERE I NEVER SEEM TO -- TO TIRE OF THE OPPORTUNITIES THAT THE CITY HAS TO PROIP AND THE WONDERFUL, WONDERFUL -- THE CITY HAS TO PROVIDE AND THE WONDERFUL, WONDERFUL TALENTED PEOPLE THAT YOU GET TO WORK WITH HERE IN THE CITY. CURRENTLY WORKING IN ECONOMIC GROWTH WITH SUE EDWARDS, THE CHALLENGES THAT WE FACE. THEY DON'T EVER STOP. BUT THE ONE THING ABOUT WITH THE CITY IS THAT IT DOES LOOK FOR THE BEST SOLUTION. IT HAS TALENTED PEOPLE WHO CAN FIND THOSE SOLUTIONS AND IT'S REALLY FUN TO WORK HERE. SO I LOOK FORWARD TO CONTINUING ON IN A DIFFERENT ROLE FOR A SHORT TIME WITH THE CITY AND THEN LOOKING ELSEWHERE. AND I KNOW IT IS GOING TO BE DIFFICULT TO FIND AN EMPLOYER LIKE THE CITY OF AUSTIN. I DON'T THINK THAT I WILL REPLACE IT. BUT IT WILL BE DIFFERENT. SO THANK YOU EVERYONE, I REALLY APPRECIATE IT. [ APPLAUSE ]

Mayor Garcia: DARYL --

I'M NOT DARYL --

Mayor Garcia: WHERE IS DARYL?

DARYL IS CURRENTLY WORKING WITH SOME OF THE AUSTIN FIRE DEPARTMENT EMERGENCY HAZARDOUS TEAM ON A SPILL.

Mayor Garcia: OKAY. THIS IS A CITY OF AUSTIN DISTINGUISHED SERVICE AWARD FOR EXEMPLARY OVERALL PROJECT MANAGEMENT AND TEAM LEADERSHIP OF THE STP 4 C SIDEWALK MOBILITY PROGRAM. DARYL HABBA PROJECT MANAGER IS DESERVING OF PUBLIC ACCLAIM. WE APPRECIATE HIS PROFESSIONALISM AND HIS INNOVATIVE MANAGEMENT OF AN EXTREMELY COMPLEX PROJECT. LET ME SAY THIS IS A VERY COMPLEX PROJECT BECAUSE TO GET ACCESSIBILITY AND MAKE THE SIDEWALKS, YOU KNOW, WHAT THEY NEED TO BE, IN THIS CITY, IS TOUGH BECAUSE OF ALL OF THE CHALLENGES THAT WE FACE. THIS CERTIFICATE IS PRESENTED IN ACKNOWLEDGMENT THEREOF, THIS 12th DAY OF DECEMBER IN THE YEAR 2002. SIGNED BY THE CITY COUNCIL, STAY WITH US, I SIGNED IT PERSON -- THE CITY OF AUSTIN, I SIGNED IT PERSONALLY. MICHAEL DO YOU WANT TO SAY A FEW WORDS ON BEHALF OF DARYL.

THANK YOU, MAYOR. DARYL COULDN'T BE HERE. DARYL IS ALSO CERTIFIED TO DO ENVIRONMENTAL REMEDIATION WORK. HE'S CURRENTLY ON THE MEDIATION PROJECT. WE FELT IT WAS VERY IMPORTANT AND I AM A CONTRACTOR AND I ALSO AM A MEMBER OF THE BOARD OF THE ASSOCIATED AGAIN RAM CONTRACTORS OF AMERICA. IT'S NOT TOO OFTEN THAT YOU HEAR OUR CITY EMPLOYEES, ESPECIALLY INSPECTORS AND PROJECT MANAGERS OUT THERE DOING A GOOD JOB, REALLY GETTING THE PAT ON THE BACK THAT THEY DESERVE. WE ALWAYS HEAR ABOUT THE NEGATIVE ASPECTS OF IT. WE ALWAYS HEAR ABOUT IT WHEN THERE'S A COMPLAINT. AND WE FELT THAT IT WAS VERY IMPORTANT THAT DARYL BE AWARDED THIS CERTIFICATE OF DISTINGUISHED SERVICE. HE WAS THINKING OUT OF THE BOX. IT TOOK A LOT OF WORK, TOOK ALMOST TWO YEARS TO GET THIS JOB JUST OFF THE GROUND FROM THE TIME IT GOT TO COUNCIL TO GETTING IT ON THE GROUND. I WANTED TO PUT DARYL IN FOR THIS REWARD. HE'S WELL DESERVING OF IT. I WISH THAT I COULD DO MORE. DARYL IF YOU ARE LISTENING OR STILL IN YOUR PROTECTIVE EQUIPMENT, THIS ONE IS FOR YOU AND I WILL HANG ON TO IT UNTIL YOU COME BECAUSE YOU OWE ME A CUP OF COFFEE, TOO. THANK YOU. [ APPLAUSE ]

Mayor Garcia: WE ARE GOING TO TO TAKE A LITTLE SHORT BREAK TO GET A LITTLE NUTRITION, WE WILL BE BACK TO CONTINUE WHERE WE LEFT OFF.

Mayor Garcia: WE WILL CALL THE MEETING BACK TO ORDER, TO ITEM 35. WE HAVE -- WE HAVE THREE MORE SPEAKERS SIGNED UP TO SPEAK, ONE OF THEM INDICATED THAT HE HAD TO LEAVE, TWO OF THEM ARE STILL HERE. SO -- SO WE CAN ROUND UP TWO MORE COUNCILMEMBERS, AMELIA LOPEZ PHELPS, I DON'T SEE THE RED DRESS ANYWHERE. WHERE IS THE LADY IN RED? AND ROBERT HAGEMAN, IS HE HERE? AND CRAIG ALTER INDICATED THAT HE -- OKAY. THE 6:00 PIPE CERTAIN ITEM IS TO CONDUCT A PUBLIC HEARING ON AN AMENDMENT TO CHAPTER 10-5, WE HAVE A QUORUM. WE HAD A QUORUM. COUNCILMEMBER DUNKERLY YOU ARE NOT LEAVING, ARE YOU? LET ME CALL THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL OF DECEMBER THE 12th OF THE YEAR 2002 BACK TO ORDER. CALL OUT THE ITEM THAT WE WERE LISTENING TO SPEAKERS WHEN WE RECESSED FOR THE 5:30 TIME CERTAIN. AS I INDICATED WE HAVE THREE PEOPLE THAT HAVE SIGNED UP, AMELIA LOPEZ PHELPS -- I DON'T THINK SHE'S HERE. SHE WROTE, PLEASE POSTPONE FINAL ACTION, NEED TO REVIEW RECENT DOCUMENTS. SEVERAL CONCERNS AFFECTING SMART HOUSING PROJECT, PROJECTS, DELAYS AND OTHER MATTERS. ROBERT HAGEMAN INDICATED THAT HE HAS MET WITH OUR STAFF AND ANYWAY TONIGHT WE ARE ONLY TALKING ABOUT SECOND READING. SO YOU CAN CONTINUE THAT DISCUSSION. THIRD READING WILL BE JANUARY THE 9th. IF SOMETHING COMES UP BETWEEN NOW AND THEN, USUALLY WE DON'T TAKE PUBLIC TESTIMONY ON THIRD READING, BUT -- BUT, YOU KNOW, IF THERE'S SOMETHING THAT DEVELOPS BETWEEN SECOND AND THIRD THAT NEEDS TO BE DISCUSSED, WE CAN ALWAYS, YOU KNOW, ALLOW YOU TO SPEAK. AND CRAIG ALTER HAD THE SAME CONCERNS, THAT -- THAT I ALREADY READ. IN THE AMELIA LOPEZ PHELPS. WHEN I READ THE COMMENTS WRITTEN IN AMELIA LOPEZ PHELPS, SIGNATURE CARD, SIGNUP CARD. COUNCIL, THAT'S ALL OF THE SPEAKERS THAT WE HAD AND MAYOR PRO TEM, I DON'T KNOW WHETHER A MOTION FOR SECOND READING HAD BEEN MADE.

Goodman: I WILL MAKE THAT MOTION, WHICH I NEED TO CLARIFY WHICH OF THESE PIECES OF PAPER I'M CONSIDERING TO BE THAT MOTION. FOR SECOND READING.

Mayor Garcia: MOTION BY THE MAYOR PRO TEM FOR SECOND READING ON ITEM NO. 35.

Goodman: AND THE DRAFT THAT I'M REFERRING TO IS THE ONE THAT SAYS NUMBER 35, 12-12-02. IN THE CORNER. IT DOESN'T SAY VERSION PASSED WITH AMENDMENTS INCORPORATED WITH 12/02 NOR IS IT -- THERE'S ONE MORE AROUND HERE SOMEWHERE ANYWAYS, IT'S NONE OF THOSE. IT JUST SAYS NUMBER 35, 12-12-0 DID 02 AT THE TOP.

VERSUS PASSED FIRST READINGS WITH AMENDMENTS INCORPORATED.

Goodman: THAT'S NOT IT.

Mayor Garcia: THAT'S NOT THE ONE? DOES EVERYONE HAVE THAT --

THERE IS NO NUMBER ON THE ORDINANCE. IT'S JUST AN ORDINANCE --

Goodman: NUMBER 35 IS THE AGENDA ITEM THAT I'M REFERRING TO.

Mayor Garcia: I DON'T KNOW IF THE COUNCIL HAS THE COPY THAT THE MAYOR -- THAT THE MAYOR PRO TEM IS REFERRING TO.

Goodman: OKAY. IF YOU HAVE THE ONE THAT SAYS NUMBER 35 VERSION PASSED --

Mayor Garcia: FIRST READING WITH AMENDMENTS.

Goodman: OKAY, THAT ONE IS A LITTLE MORE DIFFICULT TO MAKE A MOTION ON BECAUSE -- BECAUSE THE AMENDMENTS IN HERE ARE NOT THE AMENDMENTS THAT -- WELL, ONE OF THEM IS NOT QUITE THE AMENDMENT THAT I MADE ON FIRST READING. THEN THERE WAS SOME THINGS THAT I THINK WERE IN HERE, THE CONSENSUS THINGS WERE NOT A PART OF THAT FIRST READING. SO -- SO THAT'S WHY THIS WAS AN EASIER ONE TO READ FROM.

Mayor Garcia: OKAY.

Goodman: LET ME TRY TO EXPLAIN QUICKLY THE DIFFERENCES THAT I NOTED. SINCE WE ARE DOING IT ON SECOND READING, IT'S PROBABLY NOT, YOU KNOW, LIFE AND DEATH. BUT I DID DID YOU TO KNOW -- I DID WANT YOU TO KNOW SPECIFICALLY -- ESPECIALLY THE SPECIFIC AMENDMENT THAT I MADE THAT DID NOT COME OUT IN ANY OF THE DRAFTS CORRECTLY. ON THE ONE THAT YOU HAVE THAT YOU ARE LOOKING AT, VERSION WITH AMENDMENTS PASSED ON FIRST READING. ON PAGE 1, PART 4, A 1, THAT CONSENSUS OF JANUARY, APRIL, JULY, OCTOBER, WAS NOT WHAT WE PASSED AS FAR AS I KNOW WE PASSED JULY -- OR NO, FEBRUARY AND JULY. THERE WERE ONLY TWO. WE TALKED ABOUT -- MAYBE WE TALKED ABOUT THE QUAERLY, BUT I DON'T BELIEVE THOSE WERE -- MAYBE WE TALKED ABOUT THE QUARTERLY, BUT I DON'T BELIEVE -- I DON'T BELIEVE THOSE AMENDMENTS WERE MADE. SOMEBODY CAN CORRECT ME IF I'M WRONG. ON PAGE 2, UNDER C, WELL, NOW, I'LL LEAVE THAT ONE, I JUST WANT TO LET YOU KNOW THAT ON C 1, WHEN IT TALKS ABOUT, THIS IS LIKE AN UNDUE HARDSHIP INSTANCE, INCLUDING LEAVING THE SUBJECT PROPERTY WITHOUT A REASONABLE USE, THAT PARTICULAR PHRASEOLOGY I THINK IMPLIES THAT A NEIGHBORHOOD PLAN WOULD DO SUCH A THING PURPOSELY, I THINK THAT WE NEED TO BE VERY CLEAR IF SUCH A THING HAPPENED, IT WOULD BE INCLUDING AN -- INADVERTENTLY LEAVING THE SUBJECT PROPERTY WITHOUT A REASONABLE USE OR DUE TO UNFORESEEN CIRCUMSTANCES OR SOMETHING LIKE THAT. I THINK THAT THE LANGUAGE NEEDS TO BE QUALIFIED. SO FOR THIRD READING, I WOULD LIKE TO SEE SOME BETTER LANGUAGE. ON D OF THAT SAME SECTION, WHAT I WOULD OFFER AS THE ONE CHANGE FOR SECOND READING THAT I HADN'T OFFERED ON THE FIRST READING IS A SMART HOUSING CERTIFIED PROJECT SPONSORED BY TWO PLANNING COMMISSIONERS. THE REASON THAT I'M OFFERING THAT IS BECAUSE DURING THE STAKEHOLDER MEETINGS IN BETWEEN FIRST READING AND THE SECOND READING, THE AMENDMENT THAT I HAD ASKED YOU TO SUPPORT, WHICH YOU DID ON FIRST READING, HAD TO DO WITH THE NEIGHBORHOOD PLANNING TEAM BEING ABLE TO INITIATE PLAN AMENDMENTS AT ANY TIME. SOME OF THE DISCUSSIONS IN BETWEEN SUGGESTED THAT TWO PLANNING COMMISSIONERS SPONSOR THAT AS WELL. THAT WITH THE SPONSORSHIP OF TWO PLANNING COMMISSIONERS THE NEIGHBORHOOD PLANNING TEAM COULD INITIATE AT ANY TIME. I THOUGHT THAT WAS A GOOD IDEA AND THAT IT WOULD ALSO BE A GOOD IDEA FOR SMART HOUSING. SO THOSE ARE -- THAT IS ONE AMENDMENT THAT I TOOK FROM THE STAKEHOLDERS' DISCUSSIONS. AND AN ADDITIONAL AMENDMENT IF IT'S GOOD FOR THE GOOSE, IT'S GOOD FOR THE GANDER. THEN THE LAST -- THE LAST CLARIFICATION, SO I WOULD OFFER THOSE -- THOSE TWO THINGS. AND -- AS AMENDMENTS FOR SECOND READING THAT CAN OUT OF STAKEHOLDER DISCUSSIONS. NOW IN FIRST READING, THE AMENDMENT THAT I OFFERED IN PART 5 B, ON PAGE 3, WAS THAT A NEIGHBORHOOD PLANNING TEAM, AND WHAT IT SAYS IN B IS THE NEIGHBORHOOD PLAN CONTACT TEAM, CAN INITIATE AN AMENDMENT AT ANY TIME. AND THIS OTHER LANGUAGE IS FINE LANGUAGE, BUT IT SAYS REQUEST THAT THE PLANNING COMMISSION INITIATE. AND THAT IS NOT THE AMENDMENT THAT I MADE. SO I WOULD LIKE TO CHANGE THAT BACK TO WHAT THE AMENDMENT ACTUALLY WAS, THAT THE NEIGHBORHOOD PLANNING TEAM, NEIGHBORHOOD PLANNING CONTACT TEAM, SORRY, CAN INITIATE A PLAN AMENDMENT AT ANY TIME AND IT GOES THROUGH THE PROCESS AND THAT IS DONE WITH THE SPONSORSHIP OF TWO PLANNING COMMISSIONERS. THAT WOULD BE THE MOTION THAT I WOULD MAKE.

Mayor Garcia: MOTION BY THE MAYOR PRO TEM. IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? COUNCILMEMBER DUNKERLY, YOU PULLED THIS ITEM?

Dunkerly: YES, I WOULD LIKE TO EITHER MAKE A COUNTER MOTION OR A FRIENDLY MOTION.

Mayor Garcia: SUBSTITUTE MOTION OR AN AMENDMENT.

Dunkerly: SUBSTITUTION MOTION OR AMENDMENT. I WOULD SUGGEST BECAUSE THERE HAS BEEN A LOT OF CONFUSION OVER THE CHANGES AND AMENDMENTS, I WOULD SUGGEST THAT YOU GO BACK TO THE VERSION THAT WAS PASSED THAT HAS NUMBER 35 VERSION PASSED LAST WEEK AND TAKE OUT THE CONSENSUS ITEMS, WHICH I THINK ARE THE THINGS THAT ARE CONFUSING, THEN THAT LEAVES YOU WITH THE ITEM THAT WE ACTUALLY PASSED AND WE CAN BEGIN TO MAKE AMENDMENTS TO THAT. SO WHETHER OR NOT THAT -- THEN YOU CAN ADD YOUR CONSENSUS ITEMS THAT DIDN'T GET RECORDED PROPERLY, OR WHATEVER OTHER AGREEMENTS. BUT IT'S JUST TOO DIFFICULT RIGHT NOW TO I THINK TO TAKE THIS VERY -- I THINK VERY MUCH CHANGED VERSION AND TRY TO WORK WITH THOSE AMENDMENTS. SO I WOULD RATHER TAKE WHAT WE PASSED LAST TIME, TAKE OUT THE CONSENSUS ITEMS, AND THEN HAVE THAT BE THE SUBJECT OF ANY AMENDMENTS WE DO TODAY.

Goodman: THAT'S FINE, ACTUALLY, MAYOR AND FRIENDLY OTHER THAN THE VERSION THAT YOU ARE REFERRING TO IS NOT WHAT WE PASSED. AND THAT WAS WHY I WAS TALKING ABOUT PART 5 B.

Dunkerly: WELL, WHATEVER CHANGES NEED TO BE MADE, PULL OUT THE CONSENSUS ITEMS THAT GOT ADDED BETWEEN WHAT WE PASSED AND TODAY, THEN WE CAN BEGIN TO ADD BACK THE VERSIONS OF THE CONSENSUS ITEMS AND ANY NEW CHANGES THAT YOU HAVE.

Goodman: THAT WOULD BE FRIENDLY. ON PART 5 B WAS THE NEIGHBORHOOD PLAN CONTACT TEAM CAN INITIATE AT ANY TIME.

Dunkerly: THAT'S FINE.

Mayor Garcia: SO THAT IS A FRIENDLY AMENDMENT? COUNCILMEMBER ALVAREZ? IS THAT A FRIENDLY AMENDMENT? THE MOTION AND SECOND OF THE AMENDMENT IS CONSIDERED FRIENDLY. FURTHER DISCUSSION, SECOND READING? MAYOR PRO TEM AND -- COUNCILMEMBER WYNN?

WYNN: WHAT IS THE STAFF'S PROPOSED METHOD TO GET THIS OUT TO ALL OF THE STAKEHOLDERS, LET FOLKS TO HAVE A REASONABLE AMOUNT OF TIME TO SEE THIS BEFORE WE VOTE?

AT THIS TIME I THINK WE ARE LOOKING AT THE FIRST MEETING IN JANUARY. IT'S GOING TO BE AGENTS DIFFICULT BECAUSE OF THE -- A LITTLE DIFFERENT DIFFICULT BECAUSE OF THE CHRISTMAS HOLIDAYS TO GET GROUPS TO ATTEND THE MEETING. I WOULD THINK WE WOULD NEED JUST A LITTLE BIT MORE TIME TO COME BACK TO COUNCIL IN ORDER FOR US TO -- TO MAKE THAT -- TO DO THAT OUTREACH.

Slusher: MAYOR?

Mayor Garcia: LET ME SEE IF COUNCILMEMBER WYNN HAS ANY MORE CAN HES.

WYNN: WELL -- ANY MORE QUESTIONS.

WYNN: IT WAS JUST A MATTER OF GETTING A FRESH VERSION, SENDING IT OUT TO AS MANY OF THE PEOPLE AS POSSIBLE. WE DON'T NEED TO NECESSARILY CONVENE SOME MEETINGS. JUST SO FOLKS CAN SEE IT, HAVE A WEEK OR MORE TO RESPOND TO US INDIVIDUALLY, WE CAN --

CERTAINLY. WE CERTAINLY CAN POST IT ON OUR WEBSITE FOR ONE. AT LEAST THE -- THE DRAFT. ALSO OF COURSE THE E-MAIL AS WELL WITH ALL OF THE STAKEHOLDERS THAT WE HAVE AT THIS POINT.

WYNN: THANK YOU.

Slusher: MAYOR?

Mayor Garcia: HOLD ON JUST A SECOND. I THINK MS. GORDON HAS A PROCESS TO RECOMMEND.

I THINK AT THIS POINT BECAUSE IT'S BEEN SO COON CONFUSING, I WOULD RECOMMEND TO HAVE THE ORIGINAL AROUND AND ANY ITEMS THAT SHOW US CONSENSUS, ORIGINAL AROUND, YOU COULD LIST THAT IN AN ATTACHMENT, TAKE SEPARATE MOTIONS TO ADD THOSE OR DELETE THIS. THIS WAY IT WILL BE VERY CLEAR WHAT EVERYONE IS VOTING ON, WE COULD ALSO PUT THE INPUT FROM THE STAKEHOLDER ON A MATRIX SIMILAR TO WHAT WE DID WHEN WE BRING FORWARD THE NEIGHBOR PLANS TO YOU. THIRD READING. WE WILL POST THAT TO THE WEBSITE LIKE MONDAY THAT SHOWS THE ORDINANCE AND CHANGES THAT WE HAVE TO DATE. THEN THE STAKEHOLDERS CAN PROVIDE ANY ADDITIONAL AMENDMENTS THAT THEY WOULD LIKE THE COUNCIL TO CONSIDER FOR THIRD READING.

Slusher: I WOULD JUST ENCOURAGE US TO, IF WE HAVE TO, TO GIVE MORE INPUT, PIT IT OFF UNTIL THE SECOND MEETING -- PUT IT OFF TO THE SECOND MEETING IN JAB, RATHER THAN DEPENDING ON PEOPLE TO COME TO A NEIGHBORHOOD PLAN MEETING DURING THE HOLIDAYS. I DON'T THINK THAT I WOULD WANT INPUT FROM FOLKS WHO WOULD COME TO A NEIGHBORHOOD MEETING DURING THE HOLIDAYS [ LAUGHTER ]

Mayor Garcia: EVERYBODY READY, EVERYBODY IS OKAY WITH IT? COMMENTS? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED, NO. MOTION CARRIES. SECOND READING WITH THE CHANGES AND INSTRUCTIONS. THANK YOU VERY MUCH. ON WE NOW GO TO OUR 6:00 TIME CERTAIN. WE ARE RUNNING ABOUT 40 MINUTES LATE, BUT THAT'S STILL PRETTY GOOD FOR THE COUNCIL WHEN WE HAVE THESE LONG MEETINGS. THIS IS TO CONDUCT A PUBLIC HEARING ON AN AMENDMENT TO CHAPTER 10-5 OF THE CITY CODE REGARDING SOUND AMPLIFICATION FOR OUTDOOR MUSIC VENUES. AND NO ACTION WILL BE TAKEN ON THIS ITEM TONIGHT. IED IN THAT SOMEBODY IS GOING TO PLAY FOR US, 65 AND 85 AND -- WHAT ELSE ARE YOU GOING TO DO, LAURA.

MAYOR AND COUNCIL, IF YOU WOULD LIKE, WE HAVE A BRIEF PRESENTATION, AN OVERVIEW OF THE PROPOSED CHANGES TO THE ORDINANCE AND A DEMO OF WHAT 85 DECIBELS SOUNDS LIKE INSIDE OF A ROOM.

Mayor Garcia: OKAY.

OKAY. LET ME JUST GIVE YOU A BRIEF BACKGROUND ON HOW WE GOT HERE TODAY. IN MAY, CITY STAFF CREATED A JOINT -- A JOINT COMMITTEE, A GROUP THAT CALLED ITSELF THE NOISE ORDINANCE COMMITTEE, COMPRISED OF SIX MEMBERS REPRESENTING NEIGHBORHOOD COMMUNITIES AND SIX REPRESENTATIVES REPRESENTING THE MUSIC INDUSTRY. THEY SPENT THE SUMMER LOOKING AT THE EXISTING ORDINANCE DECIDING WHAT IF ANY CHANGES NEEDED TO BE MADE TO MEET THE FOLLOWING GOAL PROMOTE AUSTIN AS THE LIVE MUSIC CAPITOL OF THE WORLD AND PROTECT LIFE FOR AUSTIN RESIDENTS. THAT'S THE BALANCE THEY WERE TRYING TO STRIKE WITH THEIR CHANGES, TONIGHT YOU HAVE BEFORE YOU AN ORDINANCE THAT INCORPORATES THOSE CHANGES. I CAN SUMMARIZE THE CHANGES IN THREE MAJOR POINTS. THE ORDINANCE ADDS AN OUTDOOR MUSIC VENUE PERMIT. THAT PERMIT IS DIVIDED INTO TWO CATEGORIES. A CITY-WIDE CATEGORY, AND THEN THERE ARE TWO DOWNTOWN AREAS THAT ARE REGULATED SOMEWHAT DIFFERENTLY SO THAT PERMITTING PROCESS IS NEW. THE COMMITTEE ALSO AGREED THAT WE WOULD MEASURE SOUND ALONG THE PROPERTY PERIMETER VERSUS JUST AT THE FRONT DOOR AS WAS PREVIOUSLY THE CASE. AND FINALLY, WE REDUCED DECIBEL LEVELS TO 75 IN RESIDENTIAL NEIGHBORHOODS FROM 85. THE COMMITTEE WORKED ALL SUMMER LONG ON THESE CHANGES AND LAST WEEK WE HELD A WRAPUP STAKEHOLDERS MEETING AND REALLY OUR PURPOSE NOW IS TO TEST THE ORDINANCE, TO DETERMINE IF THIS SET OF CHANGES STRIKES THAT BALANCE BETWEEN THE MUSIC AND RESIDENTIAL COMMUNITIES. AND BECAUSE THE DECIBEL LEVEL WAS A KEY POINT OF DISCUSSION, WE THOUGHT WHAT WE WOULD DO IS DEMO FOR YOU WITH SOME -- SOME AUSTIN BAND WHAT 85 DECIBELS SOUNDS LIKE AND THEN WHAT I WOULD LIKE TO DO IS CALL UP COMMITTEE MEMBER CHARLES ATTAL WHO IS GOING TO WALK YOU THROUGH THEIR WORK FROM THE SUMMER. IT WILL TAKE ABOUT FIVE MINUTES. IF WE ARE READY, WE CAN TEST OUR SOUND HERE. WE WILL START OUT LOW AND RAMP IT UP FOR YA. [ (music) MUSIC PLAYING (music)(music) ]

Mayor Garcia: IS THAT 65 OR 85.

THAT WAS 85 DECIBELS. THE CITY-WIDE DECIBEL LEVEL THAT'S IN THE ORDINANCE. IN RESIDENT SHALL AREAS THAT COMES DOWN TO 75. YOU ARE HEARING THAT INSIDE OF A BUILDING. THE ORDINANCE IS REGULATING WHAT COMES BEYOND A BUILDING'S LIMITS. WITH THAT WHAT I WOULD LIKE TO DO IS HAVE CHARLES ATTAL COME UP AND TALK TO YOU ABOUT THE CAN HE'S WORK. WITH HIM IS -- WITH THE COMMITTEE'S WORK. ALSO CHARLIE JONES, VICE CHAIR OF THE MUSIC COMMISSION.

> WELCOME, GUYS.

HELLO. I'M CHARLES ATTAL, CO-OWNER OF STUBBS BASH KEY. I WANTED TO RUN THROUGH AND LET YOU KNOW THAT I DO SUPPORT THIS NEW ORDINANCE, I'M GOING TO RUN THROUGH SOME OF THE NEW PROVISIONS THAT THE COMMITTEE HAS COME UP WITH. THE OLD PROVISIONS THAT ARE -- THAT ARE STAYING IN THE NEW ORDINANCE WOULD BE CITY-WIDE DECIBEL LEVELS REMAINING AT 85 DB AND THE ORDINANCE IS COMPLAINT DRIVEN. THE NEW PROVISIONS WOULD BE CREATE CITY-WIDE OUTDOOR MUSIC VENUES PERMIT PROCESS. PERMIT REQUIRED BEFORE OPERATING OUTDOOR MUSIC VENUE AND IT WOULD BE A DURATION OF ONE YEAR. THE CITY MAY DENY PERMIT RENEWAL IF PERMITEE OR PROPERTY IS CONVICTED OF MORE THAN TWO VIOLENCES DURING A ONE-YEAR PERIOD. THE PERMIT CANNOT BE REVOKED [INAUDIBLE] WITH THE PERMIT. THE CITY-WIDE GENERAL PERMIT PROVISIONS ALLOW THE USE OF SOUND EQUIPMENT NOT TO EXCEED 85 DECIBELS UNTIL 10:30 P.M. SUNDAY THROUGH THURSDAY, 11:30 -- I'M SORRY, 10:30 P.M. SUNDAY THROUGH WEDNESDAY, 11:00 THURSDAY, MIDNIGHT ON FRIDAY AND SATURDAY. IF YOU ARE IN THE SIXTH STREET AREA, THE PERMIT LET'S YOU OPERATE SOUND EQUIPMENT NOT TO EXCEED 85 DECIBELS SEVEN DAYS A WEEK UNTIL 2:00 A.M. THE SIXTH STREET DISTRICT AND WAREHOUSE DISTRICT. SOUND WILL NOW BE MEASURED AT ANY POINT ALONG THE PROPERTY LINE AS OPPOSED TO JUST THE ENTRANCE OR OPENING. IN RESIDENTIAL AREAS, MAY NOT USE SOUND EQUIPMENT AUDIBLE BEYOND A PROPERTY LINE THAT PRODUCES MORE THAN 75 DECIBELS AT ANY TIME AND MAY NOT USE SOUND EQUIPMENT AUDIBLE BEYOND PROPERTY LINE AFTER 10:00 P.M. AND BEFORE 10:00 A.M. ONCE THE NEW ORDINANCE IS AADOPTED THE POLICE DEPARTMENTS WILL REVISE ITS STANDARD OPERATING PROCEDURES TO ENSURE PROPER ENFORCEMENTS. PROVISIONS WILL INCLUDE ALL WARNINGS DOCUMENTED AND AVERAGE SOUND LEVEL MEASURES ALLOW TWO DECIBELS OVER LEGAL LIMIT RATHER THAN THAN THE FIVE PREVIOUS DECIBELS.

GOOD EVENING, MAYOR AND COUNCIL. I'M CHARLIE JONES WITH CAPITAL SPORTS ENTERTAINMENT. AS A CONCERT PRODUCER AND EVENT PRODUCER HERE IN AUSTIN, AND A CITIZEN OF AUSTIN, I'M HERE TO FILE MY SUPPORT IN THE PROCESS WHICH THIS COMMITTEE HAS TAKEN ON. AS VICE CHAIR AND AS A CONSENSUS MEMBER OF THE AUSTIN MUSIC COMMISSION, I SYMPATHIZE WITH YOU GUYS BECAUSE I KNOW THIS HAS BEEN KIND OF A HEATED ISSUE. I ALSO KNOW THAT IT'S ALL OF OUR RESPONSIBILITY TO REALIZE THAT THERE'S -- THERE'S NO WAY THAT 100% OF THE PARTIES INVOLVED ARE GOING TO BE HAPPY. IT'S YOU GUYS JOB TO COME UP WITH SOMETHING THAT IS FAIR FOR EVERYBODY. IN MY OPINION THE CURRENT DRAFT OF THE NOISE ORDINANCE IS FAIR. THANKS.

Mayor Garcia: THANK YOU. QUESTIONS FOR OUR PRESENTERS? WE HAVE LET'S SEE 44 PEOPLE SIGNED UP TO SPEAK AND WE WILL START WITH -- WITH THE FIRST ONE IS KAY [INAUDIBLE], SHE IS REGISTERED NOT WISHING TO SPEAK, BUT SHE ASKED ME TO READ THE FOLLOWING. FOR MORE COMPLETE SOUND ORDINANCE, INCLUDING OTHER VENUES, SAN ANTONIO ALLOWS ONLY 75-DECIBELS ON THE RIVER WALK AND MANY CITIES DON'T ALLOW LOUD BREAKS BLOWERS, ET CETERA. -- LOUD GRASS BLOWERS, ET CETERA. WOODY ROBERTS, WELCOME, SIR. AND AFTER WOODY IS MR. WADE COOPER. AND ASHER [INAUDIBLE] MR. ROBERTS, WELCOME, SIR.

THANK YOU, MAYOR. I AM NOT GOING TO COMMENT ON THE SOUND ORDINANCE, BUT ABOUT THE SOUND ORDINANCE. [INAUDIBLE], I HAVE WITHIN INVOLVED IN AUSTIN MUSIC IN ONE FORM OTHER EAR FOR QUITE A FEW YEARS. SO MANY YEARS, IN FACT, THAT I ACTUALLY WROTE AND PRODUCED AND PLACED THE FIRST COMMERCIAL ADVERTISEMENTS PROMOTING AUSTIN AS A LIVE MUSIC CENTER. SO I'VE WATCHED THE CITY GROW. SOMEWHERE IN THE LATE '80'S, A FELLOW NAMED R. MURRAY SHAVER, ONE OF MY FAVORITE FILLPHILADELPHIA OFFERS-- FAVORITE PHILOSOPHERS WROTE A BOOK CALLED THE TUNING OF THE WORLD. MURRAY IS NOW DECEASED. HE DID A LANDSCAPE MAP OF VANCOUVER WASHINGTON IS ONE OF HIS EARLY PROJECTS. THEY HAVE GONE INTO OTHER CITIES AND DOES SUCH MAP. IT'S A FASCINATING CONCEPT BECAUSE AUSTIN, UNLIKE MOST CITIES IN THE UNITED STATES, HAS ITS ENVIRONMENT DIRECTLY TIED TO AMPLIFIED MUSIC. AND WHEN I SAY ENVIRONMENT, OF COURSE, I'M TALKING ABOUT OUR CULTURAL ENVIRONMENT. AND THESE DAYS OUR ECONOMIC ENVIRONMENT. BECAUSE AFTER ALL, MUSIC IS PART OF THE SOLUTION, NOT PART OF THE PROBLEM. AND PART OF OUR FUTURE ECONOMICALLY AS WE RECOVER IN THIS CITY. SO MY SUGGESTION IS THAT PERHAPS THE CITY OF AUSTIN AND THE UNIVERSITY OF TEXAS OR ST. EDWARD'S MIGHT COLLABORATE AND PUT TOGETHER A SONIC MAP OF THE CITY OF AUSTIN THAT WOULD BE MUCH LIKE A TOPOGRAPHICCAL MAP EXCEPT IT WOULD SHOW US WHERE THE VARIOUS NOISES AND SOUNDS ARE AROUND THE CITY AND THE VARIOUS LEVELS OF THEM. WE COULD BEGIN TO LAY OUT AREAS FOR AMPLIFIED MUSIC IN THE SAME WAY THAT WE PROTECT OTHER PARTS OF OUR ENVIRONMENT. BUT UNTIL WE HAVE A MAP LIKE THAT, WE ARE JUST JUST KIND OF IMAGING IT. I NOTICED DURING THIS PROCESS I KEPT TRYING TO GRASP THE IDEA OF WHERE THE SOUND AND NOISES WERE. OF COURSE I DON'T LIKE NOISE ANY MORE THAN ANYONE ELSE. THAT'S MY SUGGESTION. I WILL LEAVE IT AT THAT. THERE MAY BE A GROUP THAT MAYBE ONE OF THE UNIVERSITIES COULD HELP PRODUCE THIS, MAYBE FASCINATE IN THIS THE PROCESS, THANK YOU. MR. WADE COOPER. MR. WADE COOPER. RECOMMEND CENTERED WISHING TO SPEAK AND -- REGISTERED WISHING TO SPEAK IN FAVOR OF. ASHER GARBE. MR. ASHER GARBER, IS HE HERE? IS THAT YOU? FOLLOWING MR. GARBER, JOY WHAT APPEARS TO BE RHODES.

THAT'S --

WELCOME, SIR.

THANK YOU, MY NAME IS ASHER GARBER, ONE OF THE OWNERS OF ROOM 710, A LIVE MUSIC VENUE ON RED RIVER. I'M SURE YOU ALL HAVE HEARD OF US. WE ARE AN INDOOR VENUE. I THINK THE BIGGER QUESTION THAT WE HAVE IS MOSTLY AS TO WHETHER THIS -- THIS IS AN OUTDOOR ONLY VENUE ISSUE OR IF IT'S GOING TO BE INVOLVED ON THE I INDOOR LEVEL AS WELL. I THINK WHAT WE ARE REALLY CONCERNED ABOUT IS AN UNNECESSARY SQUEEZE ON TO A DISTRICT THAT REALLY HASN'T RECEIVED MANY COMPLAINTS. I KNOW MY BUSINESS IN GENERAL HASN'T RECEIVE ONE COMPLAINT YET. WE ARE JUST REALLY CONCERNED ABOUT THAT. FROM WHAT I CAN TELL, THOUGH, IT'S JUST AN OUTDOOR NOISE ORDINANCE. AND I THINK THAT I JUST WANT TO JUST HAVE A VERIFICATION ON THAT. IF THAT'S NOT THE CASE, THEN THE CLUBS ON RED RIVER WOULD APPRECIATE MAYBE FILING FOR AN EXEMPTION. SO THAT -- I COULD GO ON AND BE REAL ELOQUENT, BUT I'M KIND OF NERVOUS. THAT'S REALLY ABOUT IT. MOSTLY A QUESTION MORE THAN A STATEMENT.

Mayor Garcia: THANK YOU. JOEY ROED. FOLLOWING MR. RODE IS CHARLES ATLAS. COULDN'T BE ATLAS. ATTAL, HE ALREADY SPOKE, RIGHT? YES. MR. ROAD, WELCOME, SIR.

Slusher: MAYOR, COULD WE GET SOMEBODY TO ANSWER MR. GARBER'S QUESTION.

FROM WHAT IED IN IT'S GOING TO BE COMPLAINT DRIVEN, SO IT REALLY SHOULDN'T AFFECT MANY OF THE CLUBS ON RED RIVER.

HOLD ON JUST A SECOND.

THE REQUEST -- -- IF SOMEBODY COULD ANSWER MR. GARBER'S QUESTION.

SHE WAS -- SHE WAS HELPING ME OUT, YES.

Mayor Garcia: OKAY. ALL RIGHT, THANK YOU. OKAY, MR. RODE.

I'M HERE SPEAKING ON BEHALF OF THE DOWNTOWN AUSTIN NEIGHBORHOOD ASSOCIATION. I WAS ONE OF THE MEMBERS OF THE NOISE COMMITTEE. AND WE DO SUPPORT THIS. ONE THING THAT DANA DID ASK FOR, I HAVE SEEN OTHER PEOPLE ASK FOR, IS A REVIEW OF THIS WITHIN A CERTAIN AMOUNT OF TIME TO MAKE SURE THAT -- IF IT IS WORKING OR ISN'T WORKING, IF THERE'S PROBLEMS WE CAN LOOK BACK OVER THIS. I THINK THIS WILL WORK ON BEHALF OF RESIDENCES AND BUSINESSES THEMSELVES. IT SHOULDN'T REALLY AFFECT THAT MANY CLUBS, I DON'T BELIEVE. I THINK IT'S POSSIBLE TO MAKE IT SO WE CAN HAVE THE LIVE MUSIC WITH PEOPLE ACTUALLY BEING ABLE TO FEEL SECURE IN THEIR HOMES AT THE SAME TIME. THAT'S IT, THANK YOU. CHARLES ATTAL ALREADY SPOKE, I THINK. MICHAEL MILE MILLER. MR. MICHAEL MILLER. MR. MILLER IS REGISTERED WISHING TO SPEAK, REGISTERED AGAINST. ANGELA AGUILA? FOLLOWING -- FOLLOWING ANGELA IS MR. BENNETT DONOVAN. CORRECT ME IF I MADE A MISTAKE IN PRONOUNCING YOUR LAST NAME.

MY NAME IS ANGELA GILLAN, THE OWNER AND OPERATOR OF THE FLAMINGO CANTINA, A LIVE MUSIC VENUE, ALSO A MEMBER OF THE AUSTIN MUSIC COMMISSION, EAST SIXTH STREET COMMUNITY ASSOCIATION. IN THE PAST 11 YEARS THAT I HAVE BEEN IN BUSINESS, I HAVE BEEN PART OF NUMEROUS TASK FORCE AND MEETINGS INVOLVING THIS VERY ISSUE. I KNOW IT'S COME BACK TO HAUNT US MANY TIMES. PART OF THE PROBLEM, I THINK, IS THAT WHILE THE CITY DOES ENCOURAGE DOWNTOWN LIVING, DOWNTOWN RESIDENTS, THERE IS NO -- THERE IS NO -- THERE IS NO RESPONSIBILITY ON THE PART OF THE DEVELOPERS TO SOUND PROOF FORLY THEIR BUILDINGS. I THINK THAT'S PART OF WHY WE ARE HERE. ANYHOW, I WAS A PART OF THE ORIGINAL GROUP TAKE SUED THE CITY BACK IN '98 OVER THE PREVIOUS SOUND ORDINANCE. WE CAME UP WITH A SETTLEMENT AGREEMENT WHICH INCLUDED STANDARD OPERATING PROCEDURES FOR THE A.P.D. TO ENFORCE THE CURRENT ORDINANCE. I'M CONCERNED THAT -- THAT NONE OF THOSE STANDARD OPERATING PROCEDURES WERE DISCUSSED IN THE TASK FORCE THAT HAS COME UP WITH THIS PROPOSED ORDINANCE. AND IN THOSE STANDARD OPERATING PROCEDURES IT DETAILS EXACTLY WHAT EQUIPMENT TO USE, WHERE TO MEASURE THE SOUND FROM ON THE PROPERTY, AND THOSE ARE VERY INTEGRAL PARTS OF PERHAPS HOW PEOPLE MAY OR MAY NOT RECEIVE TICKETS IN THE FUTURE. I KNOW THAT AT 85 DECIBELS, SIX FEET FROM MY DOORWAY, I CAN PROBABLY COMPLY. BUT IF YOU ARE STICKING THE METEORITE IN MY DOORWAY, I PROBABLY CAN'T COMPLY. SO I AM VERY CONCERNED THAT THOSE ISSUES WERE NOT DISCUSSED. AND I THINK THAT -- THAT PERHAPS THE TASK FORCE MIGHT RECONSIDER THOSE AT THEIR NEXT MEETING. I ALSO HAVE A PROBLEM WITH REGULATING LIVE MUSIC. WHICH IS WHAT THIS PROPOSED ORDINANCE DOES. YOU KNOW IT CARVES OUT THE ENTERTAINMENT DISTRICT, CARVES OUT THE WAREHOUSE DISTRICT. THERE'S OTHER VENUES OPAL DIVINES, MOTHER EAGAN'S, HILL'S CAFE, YOU ARE GOING TO PUT RESTRICTIONS ON WHEN THEY CAN HAVE LIVE MUSIC. I DON'T SUPPORT THE CURRENTS ORDINANCE AS IT STANDS, THANK YOU.

Mayor Garcia: THANK YOU, BENNETT DONOVAN. FOLLOWING MR. DONOVAN IS WILL STANTON. WELCOME, SIR.

GOOD EVENING, THANK YOU FOR LETTING ME TALK. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

Mayor Garcia: THANK YOU, SIR. WILL STAUNTON. AND FOLLOWING HIM IS SKYLER HUFF.

I'M WILL STANTON, A LOCAL MUSICIAN. BEEN PLAYING MUSIC IN THE AUSTIN AREA SINCE 1975. I ALSO WORK FOR ONE OF THE DOWNTOWN CLUBS. I'M AGAINST THIS ONLY BECAUSE THERE ISN'T ENOUGH DISCUSSED ON THE STANDARD OPERATING PROCEDURE THAT'S BEEN SET UP FOR THE AUSTIN AUSTIN POLICE DEPARTMENT RIGHT NOW. AND THERE WAS A LOT OF TIME AND A LOT OF MONEY INVESTED IN FUNDING THE PROPER WAY TO DO THE SOUND ESPECIALLY ON 10-5-4, RESTRICTION ON DECIBEL LEVEL, NUMBER ONE SAYS IN EXCESS OF 85 DECIBELS IS MEASURE TED PROPERTY LINE OF THE BUSINESS. AND STATING IN THE STANDARD OPERATING PROCEDURE GIVEN TO THE AUSTIN POLICE DEPARTMENT, NUMBER 7 SAYS THAT MEASURING OFFICER WILL MEASURE THE SOUND OUTPUT WITH THE METER AT A DISTANCE OF APPROXIMATELY SIX FEET OR MORE FROM THE BUSINESS OR WHATEVER OPENING OR PENETRATION IN THE BUSINESS WALL THROUGH WHICH THE SOUND LEVEL SEEMS TO BE TRANSMITTING. INTHAT'S VERY, VERY IMPORTANT THAT THAT SHOULD BE INCLUDED IN THIS ORDINANCE IF IT IS TO BE PASSED. WE DON'T WANT TO GIVE UP THE STANDARD OPERATING PROCEDURE AND HAVE THEM JUST BE ABLE TO COME TO YOUR DOOR BECAUSE THERE ARE A LOT OF CLUBS WHEN YOU WALK IN THE DOOR IT'S GOING TO BE PRETTY LOUD, IF IF YOU GIVE IT THAT LITTLE BIT OF SPACE AND FOLLOWING THE STANDARD OPERATING PROCEDURE THAT WAS SET UP BY A PROFESSIONAL SOUND PERSON THAT DID THIS. I'M JUST AGAINST IT AS IT STANDS FOR THAT BECAUSE THE WORDING ISN'T ENOUGH FOR THAT. THANK YOU.

Mayor Garcia: THANK YOU, MR. SKYLER. BENJAMIN WOOLSEY. BENJAMIN WOOLSEY? HE'S NOT WISHING TO SPEAK AND IS REGISTERED AGAINST. JACOB LUTZ, NOT WISHING TO SPEAK, REGISTERED AGAINST. BETTY STANTON, NOT WISHING TO SPEAK, REGISTERED AGAINST.

[ INAUDIBLE ]

Mayor Garcia: YOU INDICATED YOU DIDN'T, BUT -- ACTUALLY, YOU HAVE SOME TIME DONATED TO YOU. SO COME ON UP. LET ME SEE HOW MUCH TIME YOU HAVE DONATED TO YOU.

ALL RIGHT, SIR.

Mayor Garcia: HOLD IT JUST A SECOND.

I'LL BE VERY BRIEF.

Mayor Garcia: BOB COLE GAVE YOU THREE MINUTES, SHAME ON YOU. [ LAUGHTER ] IS THAT ALL YOU CAN GIVE THE LADY?

IF IT WAS THAT OR HAVING BOB COLE SPEAK, LET'S GIVE HER THREE MORE MINUTES. [ LAUGHTER ]

> Mayor Garcia: WE'LL BE ON THE RADIO TOMORROW, DON'T WORRY ABOUT IT.

MY NAME IS BETTY STANTON. I WAS BORN AND RAISED IN AUSTIN. I'VE SEEN MANY CHANGES, SOME OF WHICH ARE NOT GOOD. THIS ONE I DON'T THINK WILL BE GOOD. I THINK THAT THE 85-DECIBELS THAT WE HAVE RIGHT NOW ARE GOOD. I HAVE SEEN LOTS OF MUSIC ALL AROUND TOWN IN AUSTIN, AND IT'S -- AUSTIN HAS THE MOST SPONTANEOUS MUSIC IN THE STATE. WE DON'T WANT TO CHANGE THAT. WE DON'T WANT TO LOSE THAT TOURIST DOLLAR THAT'S COMING HERE TO FEED THE AUSTIN MUSICIANS. IF WE'RE GOING TO HAVE A DECIBEL DOWNTOWN OF 85%, IT SHOULD BE CITYWIDE. IT SHOULDN'T BE ALLOTTED ONLY TO THE DOWNTOWN AREA. AND I LIVE DOWNTOWN, I LIVE ON TOWN LAKE RIGHT STRAIGHT ACROSS FROM THE CIVIC CENTER. I HEAR DOWNTOWN MUSIC, AND IT'S FINE. ALL YOU DO IS GO IN YOUR HOUSE AND CLOSE YOUR DOOR IF YOU DON'T WANT TO HEAR IT. I USED TO LEAVE MY OPEN SO I CAN. IN ADDITION TO THAT, TO HAVE MUSIC IN YOUR PLACE OF BUSINESS, WHICH IS YOUR PLACE OF BUSINESS, THAT YOU SHOULD BE REQUIRED TO HAVE A PERMIT. SO I THINK THAT YOU SHOULD NOT HAVE TO PAY MONEY. MAYBE HAVE A PERMIT TO PLAY LIVE MUSIC, YES, BUT YOU SHOULDN'T HAVE TO SPEND MONEY TO HAVE THAT PERMIT. AND THAT IS JUST ABOUT WHAT I HAVE TO SAY. I WOULD LIKE TO SAY IF IT CAN BE AMENDED IN A COUPLE OF PLACES, MAYBE IT WOULD BE A GOOD ORDINANCE, BUT AS IT IS, I DON'T LIKE IT. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. [ APPLAUSE ] THE NEXT SPEAKER IS JEFF JACK. ACTUALLY, THE NEXT CARD WAS SUBMITTED BY JEFF JACK. HE DOES NOT WISH TO SPEAK. HE WANTS ME TO READ THE FOLLOWING: NUMBER ONE, THE PROPOSED ORDINANCE DOES NOT PROTECT NEIGHBORHOOD RESIDENTIAL AREAS FROM NEIGHBOR TO NEIGHBOR GENERATED AMPLIFIED NOISE. PROVISIONS NEED TO BE ADDED TO PROTECT RESIDENTIAL AREAS. I THOUGHT THAT WAS DONE -- YOU COULD ALWAYS CALL THE POLICE IF SOMEBODY WAS MAKING TOO MUCH NOISE. I KNOW MY NEIGHBORS DO THAT FROM TIME TO TIME. NOT AGAINST ME, BUT AGAINST SOME OF THE OTHER NEIGHBORS. [ LAUGHTER ] THE PROPOSED 75 DB LEVEL IS TOO HIGH. THE E.P.A. HAS INDICATED THAT SOUND OVER 70 DB, DECIBELS, FOR PROLONGED PERIODS, SEVERAL HOURS, RESULTS IN HEARING LOSS. TO PROTECT THE HEALTH OF AUSTIN CITIZENS, THIS SOUND LEVEL NEEDS TO BE LESS THAN 75 DECIBELS. TISH WILLIAMS? AND FOLLOWING MS. WILLIAMS IS TJ GREENY. YOU NEED TO GET CLOSE TO THE MIC. MS. WILLIAMS, WELCOME.

THANK YOU, HI. MY NAME IS TISH WILLIAMS, AND I WAS ON THE CITY TASKFORCE FOR NOISE ORDINANCE REFORM IN THE CAPACITY OF RESIDENTIAL REPRESENTATIVE. I WAS PLEASED WHEN THE TAX BOARD VOTED FOR A 75-DECIBEL READING EMANATE FRG A COMMERCIAL VENUE. I REPEAT, A COMMERCIAL VENUE IMPACTING RESIDENTIAL AREAS WITH A CUTOFF TIME OF 10:00 P.M. THIS FEATURE WAS WRITTEN INTO THE DRAFT IN SECTION 10-5-5 WITH THE CITY LEGAL STAFF. HOWEVER, THE WORD PERSON INSTEAD OF COMMERCIAL VENUE IN SECTION B OF 10-A-5, OPENS THE PAN DORA'S BOX OF TROUBLES THAT NEIGHBORHOODS. THIS DRAFT SPECIFICALLY LICENSES EXTREMELY LOUD OUTDOOR MUSIC WITHIN A RESIDENTIAL AREA ALL DAY LONG. THE PLACEMENT OF WORDING WAS PLACED BY THE LEGAL DEPARTMENT. IT WAS NOT IN THE TASKFORCE RECOMMENDATION. IMAGINE HAVING A ROCK BAND PRACTICING WITHIN ONE'S APARTMENT HOUSE LEGALLY AT 75 DB ALL DAY LONG, A TRUE RECIPE FOR INSANITY. CARRY THIS FURTHER. AN APARTMENT IS A DORMITORY, BUT SO IS A RESIDENTIAL NEIGHBORHOOD. HOUSE WALLS AND THE AVERAGE SPACE OF 12 FEET BETWEEN STRUCTURES ARE NOT DETER RENTS TO THE NOISE OF A ROCK BAND. YES, NEIGHBORHOODS ARE DORMITORIES WHERE PEOPLE COME HOME TO REFRESH, SLEEP, PLAY, HAVE FRIENDS OVER, WORK IN ONE'S YARD AND CHILDREN STUDY, WHERE UNCEASING DIN FROM ONE'S NEIGHBORS SHOULD NOT BE LICENSED. THE TASKFORCE, MAINLY SUPPOSE EXOESED OF MUSIC INDUSTRY PERSONNEL SPECIFICALLY LIMITED THE ISSUE TO COMMERCIAL VENUES WITH AMPLIFIED MUSIC. YET, THIS ORDINANCE IS DRAFTED. IN FACT, HUNDREDS OF THOUSANDS OF RESIDENTS -- ALL DAY LONG ARE IMPACTED. I URGE THE COUNCIL TO ADOPT THIS ORDINANCE AND THAT IT IS NOT BLOCKED BY ANOTHER ORDINANCE OR BY POLICE DIRECTIVES. THE CITY SHOULD CERTAINLY SUPPORT ITS MUSIC INDUSTRY, BUT IT SHOULD ALSO SUPPORT THE PEACE AND QUIET OF ITS HUNDREDS OF THOUSANDS OF RESIDENTS. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH. MR. TJ GREENY. AND FOLLOWING HIM IS JOHN ROSARO, WHO SIGNED UP NOT WISHING TO SPEAK AND IN FAVOR OF. AND AFTER MR. GREENY IS MR. STEVE SIMON. MR. GREENY, WELCOME, SIR.

THANK YOU, MAYOR, COUNCILMEMBERS. I'M A LOCAL BUSINESSMAN. I PUBLISH A LOCAL MUSIC AND ENTERTAINMENT MAGAZINE HERE. WE'VE DONE IT FOR EIGHT YEARS. ITS COUNTRY LINE MAGAZINE. WE DEAL WITH -- ON EXTENSIVELY WITH THE MUSIC INDUSTRY, BOTH MUSICIANS AND THE VENUES. AND MY BIGGEST CONCERN IS THAT WE ARE GOING TO START TO -- START TO HURT WHAT ONE OF OUR ANCHORS IS AND HAS BEEN FOR OUR AREA FOREVER SINCE I'VE BEEN HERE, SINCE I CAN REMEMBER EVEN COMING TO AUSTIN. THE MUSIC INDUSTRY, WE'VE TRIED SOME OTHER THINGS IN AUSTIN, WE'RE VERY DIVERSE. WE HAD A DATE WITH HIGH-TECH. THAT WAS KIND OF A FUNKY DATE, DIDN'T WORK REAL WELL. IT WAS OKAY IN SOME AREAS AND IT STILL IS SOMEWHAT, BUT WE NEED TO REMEMBER TO DANCE WITH THOSE WHO BROUGHT US. AUSTIN -- LEAF MUSIC IS -- AUSTIN IS THE LIVE MUSIC CAPITOL OF THE WORLD. AND IT'S AN IMPORTANT INDUSTRY. IT MAY NOT BE THE BIGGEST MONEY MAKER WE HAVE. IT PROBABLY ISN'T A VERY BIG MONEY PAIK MAKER. AND FROM WHAT I KNOW FROM THE CLUB OWNERS AND THE MUSICIANS, I DO NOT KNOW ANY OF THEM THAT ARE EXTREMELY WEALTHY. IT DOES GIVE US CHARACTER. IT MAKES US WHO WE ARE. IT BRINGS PEOPLE IN HERE. IT RENTS OUT HOTEL ROOMS. IT GETS PEOPLE IN OUR RESTAURANTS. IT IS IMPORTANT TO US, AND WE NEED TO BE CAREFUL THAT ROUND ROCK DOESN'T BECOME ROUND ROCK, LIVE MUSIC CAPITOL OF THE WORLD BECAUSE THEY ACCEPT THIS INDUSTRY AND THEY DON'T PUT THESE CHAINS ON THEM AND MAKE IT HARD FOR THEM TO DO WHAT THEY KNOW HOW TO DO AND WHAT THEY DO SO WELL. I THINK PROBABLY WHAT WE HAVE ARE A FEW PEOPLE THAT ARE DISGRUNTLED AND WE NEED TO MAKE SURE IT'S NOT JUST A FEW PEOPLE PUSHING SOMETHING THAT'S GOING TO AFFECT A HUGE AMOUNT OF PEOPLE. I ENCOURAGE YOU TO LOOK AT MAYBE SOME DIFFERENT WAYS TO DEAL WITH THIS ISSUE, AND LET'S NOT CREATE AUSTIN, THE DEAD MUSIC CAPITOL OF THE WORLD. THANK YOU. [ APPLAUSE ]

Mayor Garcia: THANK YOU. STEVE SIMON? AND FOLLOWING MR. SIMON IS MR. SAM ELLISON, WHO IS NOT WISHING TO SPEAK, BUT IS RENLED IN FAVOR OF. ANDREA YATES AIMS, NOT WISHING -- -- CHARLES OAK, NOT WISHING TO SPEAK, BUT REGISTERED AGAINST. AND MR. SCOTT -- I CAN'T EVEN READ THIS. TRAILER, SOMETHING LIKE THAT. MR. SIMON, WELCOME, SIR.

THANK YOU, MAYOR. MY NAME IS STEVE SIMON. I'M A CERTIFIED FACILITY EMERGENCY ROOM. I MANAGE A BUILDING ON SIXTH STREET. I WANT TO SHARE WITH THE CITY COUNCIL A RECENT SERIES OF EVENTS I ENCOUNTERED CONCERNING SOUND PROBLEMS. THIS INVOLVED A RESIDENTIAL REMODEL JOB FROM AN EXISTING COMMERCIAL BUILDING. WHEN WE EXAMINED THE LOCATION FOR A RESIDENCE WE KNEW WHAT BARS WERE ON SIXTH STREET THAT WERE LOUD, HOWEVER, THERE IS A DISCO ACROSS THE BACK ALLEY FROM THE BUILDING THAT FACES NECHES BETWEEN FIFTH AND SIXTH STREET THAT WE DID NOT CONSIDER IN OUR PLANNING. AFTER SPENDING SEVERAL THOUSANDS OF DOLLARS TO REMODEL THE SPACE, WE WERE STARTLED. ONE EVEN WITH THE WINDOWS CLOSED WE WERE STRUCK WITH WHAT FELT LIKE WIND BLAST. THIS WAS LOW BASS NOSE. IT WAS STRIKING OUR BUILDING AND REVERBERATING THROUGHOUT LIKE A BASS DRUM. IT WAS CONSTANT AND DID NOT STOP FOR A LONG TIME. WE JUST SAW A SAMPLE OF 85 DECIBELS, BUT I DIDN'T HEAR ANY BASS. IF THEY WOULD HAVE TURNED DOWN THE BASS WE COULD HAVE TURNED DOWN THE DECIBEL. ANYWAY, WE SPENT MORE MONEY TO SOUNDPROOF, BUT IT'S HARD TO COMPLETELY SOUNDPROOF OUR BUILDING ESPECIALLY FOR LOW BASE. WE TALKED TO THE DISCO OWNER WHO BASICALLY SAID HE WAS IN COMPLIANCE AND DIDN'T CARE TO LISTEN. WE TALKED TO THE POLICE AND THEY SAID THEY COULD ONLY TAKE READINGS FROM THE FRONT FACE OF THE BUILDING. SINCE THE DISCO FACES WEST AND OUR BUILDING IS ACROSS THE NORTH SIDE OF THERE, WE WERE OUT OF LUCK. THE DISCO TURNS UP THEIR SOUND ON THE WEEKEND AFTER TWO A.M., BUSINESS ESTABLISHMENTS MUST SHOW REGARD FOR THEIR SURROUNDING NEIGHBORS. IT IS MUCH EASIER FOR THE SOUND BROOFING OF NOISE TO BE DONE WITHIN THE ESTABLISHMENT EMITTING THE NOISE. I'VE WORKED FOR FACILITY DEPARTMENTS OF COMPANIES SUCH AS BA SYSTEMS, APPLIED MATERIALS AND OTHER BIG CORPORATIONS. I KNOW THAT ALL KIND OF EMISSIONS ARE MONITORED, WASTEWATER, AIR EXHAUST, ETCETERA, ALL WATCHED AND MUST BE FILTERED BEFORE BEING GIVEN OFF TO THE ENVIRONMENT. WHY NOT NOISE? AND NOT JUST NOISE MEASURED USING THE A WEIGHTING NETWORK WITH THE SLOW METER RESPONSE. YOU MUST MONITOR THE BASS USING THE PROPER BASS MONITORING DEVICE. THESE ARE TWO INDEPENDENT NOISES THAT REQUIRE UNIQUE MONITORING AND SOUNDPROOFING TECHNIQUES. SO HERE ARE MY PROPOSED SOLUTIONS, A DECIBEL LEVEL FOR HIGH PITCHED POUND SOUND, A DECIBEL LEVEL FOR LOW BASS USING THE PROPER TO MONITORING TECHNIQUES. IF A DISCO OR BAR IS OPEN AFTER TWO A.M., IT MUST NOT DISTURB ANY RESIDENCES. THE BAR OWNER MUST BE RESPONSIBLE FOR THEIR OWN SOUND EMISSION AND MUST BE WILLING TO PROVIDE INTERNAL SOUNDPROOFING. THE BAR MUST BE SOUNDPROOF ED IN ALL DIRECTIONS, ALL FOUR SIDES AND THE TOP, AND THE READINGS MUST COME FROM THOSE DIRECTIONS IF REQUIRED. OUT OF TOWN DJ'S AND PEOPLE COMING THROUGH MUST UNDERSTAND THE SOUND ORDINANCE. THIS IS SIMILAR TO A BARTENDER BECOMING CERTIFIED TOO. THEY MUST KNOW THE RULES. EVEN THOUGH AUSTIN IS THE MUSIC CAPITOL OF THE WORLD, IT'S ALSO A PROPONENT OF SMART GROWTH WHICH LOOKS TO DEVELOP THE INNER CITY. BARS AND DISCOS MAY SPRING UP AND GO OUT OF BUSINESS ON A REGULAR BASIS, BUT THESE PEOPLE CANNOT BE ALLOWED TO COME IN AND SET UP BUSINESS WITHOUT REGARD TO THE SURROUNDING RESIDENTIAL CITIZENS. LET ME ADD ONE LAST THING. I REALIZE A LOT OF BAR OWNERS DON'T WANT TO SPEND THE MONEY TO SOUNDPROOF. WHAT IF THE CITY PROVIDED ACCEPTABLE SOUNDPROOFING REGULATIONS, TECHNIQUES, AND IF THE BAR OWNERS FOLLOWED THEM, POSSIBLY THE CITY COULD GIVE THEM A TAX BREAK MAYBE, OR IF THEY GOT NO COMPLAINTS WITHIN A YEAR, THEY COULD GET A TAX BREAK, SOMETHING TO OFFSET THE COST FOR THE BARS TO BE WILLING TO SPEND THE MONEY TO GIVE THEM SOMETHING, MAYBE THE CITY COULD GIVE A LITTLE AND THE BARS COULD JUSTIFY SPENDING THE MONEY. WE REALIZE THAT A LOT OF THEM ARE REAL PROFITABLE, BUT THEY NEED TO SOUNDPROOF THEIR OWN SPACE. THEN THEY CAN PLAY AS LOUD AS THEY WANT AND IT STOPS THE SOUND AT THE SOURCE, WHICH IS WHAT WE NEED. THANK YOU.

Mayor Garcia: THANK YOU, SIR. SCOTT TRAILER. AND CORRECT ME ON THE PRONUNCIATION OF YOUR LAST NAME, PLEASE? AND FOLLOWING SCOTT SPL JASON HILL.

THANK YOU. MAY NAME IS SCOTT TRAINER AND I LIVE IN THE ZILKER NEIGHBORHOOD. AND I WANT TO FIRST OF ALL THANK YOU ALL FOR LISTENING TO THE SPEAKERS HERE ABOUT THESE ISSUES. THERE'S A UNIQUE ISSUE THAT I REPRESENT IN THE ZILKER NEIGHBORHOOD, WHICH IS THE RESTAURANT ROW ALONG BARTON SPRINGS. THESE RESTAURANTS USE THE OPPORTUNITY TO HAVE LIVE MUSIC TO ACTUALLY BECOME MORE LIKE A BAR IN THE LATE NIGHT HOURS WHEN PEOPLE ARE NOT EATING. AND MANY TIMES THIS IS ABUSED, AND WE'VE HAD TO CALL THE POLICE IN OUR NEIGHBORHOOD BECAUSE NOT ONLY THE SOUND GETS LOUD, BUT THE DURATION IS MUCH TOO LONG. IT STARTS TOO EARLY. IT'S MUCH TOO LATE WHEN IT ENDS. THERE ARE A LOT OF CHILDREN IN MY IMMEDIATE NEIGHBORHOOD THAT HAVE TROUBLE SLEEPING AND THE PARENTS HAVE TROUBLE SETTLING THEM DOWN. AND THIS IS A RESIDENT, RESIDENTIAL NEIGHBORHOOD. WE PAY TAXES, A LOT OF TAX DOLLARS. AND I THINK IT'S IMPORTANT THAT THE CITY RECOGNIZES THAT THESE ISSUES THAT ARE COMING UP UNDER THESE ORDINANCES APPLY DIRECTLY TO THE PEOPLE IN RESIDENTS LIKE MINE THAT HAVE THESE ISSUES. SO I ENCOURAGE YOU -- I DEFINITELY AGREE WITH THE ORDINANCE. I WOULD LIKE TO SEE SOME MORE RESTRICTIONS ON THE TIME LINES, BUT I ENCOURAGE YOU TO LOOK STRONGLY AT THIS, NOT ONLY AT CLUBS, BUT ALSO RESTAURANTS, ESPECIALLY IN THIS PARTICULAR AREA. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, SCOTT. MR. JASON HILL. MR. HILL IS REGISTERED AGAINST. CHARLES BETTS. ARE YOU JASON HILL?

YES, SIR.

Mayor Garcia: I'M SORRY. OKAY. WELCOME, SIR.

MY MAIN CONCERN WITH THIS BILL AND THIS PROPOSAL IS THAT THE ACTUAL TIME LIMITATIONS THAT ARE PUT ON THE EVENTS THAT CAN BE HELD AND WHEN THE PERMITS CAN BE GRANTED I HAVE A SHORT AMOUNT OF TIME TO DO THIS, BUT I -- I WOULD LIKE TO COVER A RECENT EVENT WHERE AN INDIVIDUAL TRIED TRIAD TO COMPLY WITH CURRENT BILL AS IT STANDS. TRAVIS COUNTY MANAGED TO FIND THE LOOPHOLE IN HIS INSURANCE LIABILITY. SO THE EVENT WAS CANCELLED TWO DAYS IN ADD ADVANCE. THIS IN TURN LEFT AN IMMENSE NUMBER OF PEOPLE IN TOWN WITH NOTHING TO DO, SO SEVERAL OF THEM WENT TO A SPOT WHERE THEY KNEW THAT EVENTS OCCURRED. A FRIEND OF MINE THEY SAY IT WAS A LAST MINUTE, ALL THE NEWS MEDIA THAT I DO HAVE, BUT IT WAS PLANNED WELL AHEAD ALSO. AND I KIND OF HOLD TRAVIS COUNTY RESPONSIBLE FOR THE DEATH OF THIS INDIVIDUAL THAT DIED AT THIS PARTY BECAUSE THERE WAS A FACILITY THAT WAS PERMANENT, IT WAS -- IT WAS PERMITTED, IT WAS GRANTED, EVERYTHING WAS READY, THERE WAS STAFF, THERE WAS SECURITY THERE, AND THEN THEY MOVED THE WHOLE THING. PEOPLE WERE FORCED TO HAVE TO TRY AND FIND SOMETHING TO DO BECAUSE THERE WAS AN EXCESS OF 10,000 PEOPLE HERE FOR ONE EVENT. AND THIS WOULD BE THE ELECTRIC DAISY CARNIVAL I'M SPEAKING OF. I'VE BEEN SPRIEG TRYING -- TRYING TO SPREAD THE MESSAGE TO ALL OF YOU THROUGH THE ELECTRONIC MEDIA, SO I'M TRYING TO GATHER MY NOTES. AT THIS POINT, THE CITY'S MASS GATHERING ACT, WHICH IF YOU GATHER -- ONLY IF YOU GATHER MORE THAN 5,000 PEOPLE AT A VENUE DO YOU HAVE TO NOTIFY THE CITY. IS THAT STILL TRUE?

Mayor Garcia: HOW ARE WE GOING TO HANDLE QUESTIONS, CITY MANAGER?

YOU CAN DO IT ANY ANY WAY YOU LIKE. WE HAVE STAFF MEMBERS IN THE BACK OR WE CAN HANDLE THE QUESTIONS. IT'S UP TO YOU ALL.

Mayor Garcia: AFTER YOU FINISH TALKING YOU CAN TALK TO MS. HUFF MAN BACK THERE AND GET YOUR QUESTIONS ANSWERED.

OKAY. AND ANOTHER THING IS I REALIZE THAT OUR CULTURE HAS COME UNDER FIRE ON A NATIONAL, REGIONAL, STATE, CITY BASIS. FROM THE OUTSIDE LOOKING IN THERE WAS A PROBLEM, BUT TO ADDRESS THE PROBLEM IN A SYSTEMATIC AND CORRECT WAY IS NOT TO TRY AND KEEP SOMETHING FROM HAPPENING BECAUSE TEAM PEOPLE CAN FIND WAYS TO DO WHAT THEY WANT TO DO. AND SO THIS INSTANCE WAS AND WHAT DO YOU DO IF YOU WANT TO COME OUT. PEOPLE TRAVEL. I HAD FRIEND FRY FLOOI IN FROM NEW YORK JUST TO GO TO THIS EVENT. THE TWO A.M. OCCUR VIEW THAT IS IN BE -- CURFEW THAT IS IN SECTION -- I DO KNOW THERE IS LIMITATIONS ON ANY OUTDOOR EVENT THAT GO ON PAST TWO A.M., WHICH THIS EVENT COMPLIED WITH. AND THERE'S A COMMENT UNDER 10-5-24 -- [ BUZZER SOUNDS ] BECAUSE THE LATE NIGHT OPERATION NOT AUTHORIZED. HAS THAT ALREADY PASSED? THAT'S ANOTHER QUESTION THAT I WANTED TO POSE. THANK YOU FOR YOUR TIME. I'M SORRY I DIDN'T MORE COMPOSE MYSELF.

Mayor Garcia: MR. CHARLES BETTS. FOLLOWING HIM IS JONATHAN DUBOIS, WHO IS REGISTERED NOT WISHING TO SPEAK AND REGISTERED AGAINST. RENA ARECHE, NOT WISHING TO SPEAK, AGAINST. DOUG SUMMERS, NOT WISHING TO SPEAK, AGAINST. CHRISTOPHER ROBERTSON, NOT WISHING TO SPEAK, AGAINST. YOU ALREADY SPOKE. IMAD CROSS BY, NOT WISHING TO SPEAK, AGAINST. BRYAN STOFLE, THAT WILL BE THE NEXT SPEAKER. MR. BETTS, THANK YOU, SIR. GOOD TO SEE YOU AGAIN.

THANK YOU, MAYOR GARCIA, MEMBERS OF THE COUNCIL. I REPRESENT THE DOWNTOWN AUSTIN ALLIANCE. I WORK FOR THAT ORGANIZATION. IT'S THE ORGANIZATION THAT REPRESENTS MOST OF THE DOWNTOWN PROPERTY OWNERS. AND I SIMPLY WANTED TO LET YOU KNOW THAT THE DOWNTOWN AUSTIN ALLIANCE BOARD OF DIRECTORS UNANIMOUSLY VOTED YESTERDAY MORNING TO BE IN SUPPORT OF THE RECOMMENDATIONS OF YOUR TASKFORCE. THE THREE GROUPS OF FOLKS THAT WORKED ON THAT TASKFORCE ARE CRITICALLY IMPORTANT TO OUR DOWNTOWN, THAT BEING THE HOTEL INDUSTRY, THE LIVE MUSIC INDUSTRY, AND, OF COURSE, WE CELEBRATE THE GROWING NUMBER OF FOLKS WHO LIVE IN DOWNTOWN AUSTIN. IT APPEARS TO US THAT THAT TASKFORCE BEING ABLE TO COME TO AGREEMENT BALANCING THE INTERESTS OF THOSE GROUPS, WE ARE VERY IMPRESSED THAT YOUR TASKFORCE IS UNANIMOUSLY THANKS FOR MAKING DAYBREAK A PART OF YOUR DAY MAKING THESE RECOMMENDATIONS, AND WE CERTAINLY WANT TO BE SUPPORTIVE OF THEIR RECOMMENDATIONS. THANK YOU.

Mayor Garcia: THANK YOU, MR. BETTS. BRYAN STOFLE. AND FOLLOWING HIM IS CHRISTIE VOS, WHO DOES NOT WISH TO SPEAK, BUT IS REGISTERED AGAINST. ANOTHER NOT WISHING TO SPEAK. FHAM, NOT WISHING TO SPEAK, REGISTERED AGAINST. KIRK DYER NOT WISHING TO SPEAK, AGAINST. AMBER RAY, NOT WISHING TO SPEAK, AGAINST. RICK BARREN, NOT WISHING TO SPEAK, AGAINST. MR. STOFLE, WELCOME, SIR.

THANK YOU, MAYOR, COUNCILMEMBERS. MY NAME IS BRYAN STOFLE, I'M A FORMER MEMBER OF SOUTH PARK MEADOWS AND ALSO THE PRODUCTION AND SOUND FOR SOUTH BY SOUTHWEST AS WELL AS SEVERAL SIXTH STREET PRODUCTIONS THAT ARE ON THE STREET FESTIVALS, AS WELL AS SEVERAL OTHERS. I HESITATED ON AGREE OR DISAGREE WITH THIS, HOWEVER I CHOSE DISAGREE FOR ONE REASON. TO BE BRIEF, IN CHAPTER 10-5-1 -- EXCUSE ME. NUMBER C AT FIRST, THE SIXTH STREET DISTRICT AND THE WAREHOUSE DISTRICT IS WHAT I'M GOING TO SPEAK TO. THE SIXTH STREET DISTRICT, I FEEL IT SHOULD BE EXPANDED TO EIGHTH STREET TO INCLUDE SUCH VENUES AS RED EYE FLY AND THE OTHER -- PRIETING IN THAT WITHOUT IMPOSING THE TIME RESTRICTIONS ON THEM, WHICH WOULD BE IMPOSED IF THEY WERE OUTSIDE OF THOSE DISTRICTS. AND THEN ON NUMBER 7-B AND C, IN THE WAREHOUSE DISTRICT, I FEEL THAT THEY SHOULD BE EXPANDED THE DISTRICT TO -- AND DOWN TO WEST ROAD OR WEST STREET, WHICH IS ONE BLOCK FURTHER WEST AND TWO BLOCKS FURTHER -- TWO BLOCKS FURTHER WEST AND ONE BLOCK FURTHER NORTH, THAT WOULD INCLUDE AN ADDITIONAL FOUR BUSINESSES THAT MAKE THEIR LIVELIHOOD DOING LIVE MUSIC AND WOULDN'T IMPOSE THE STRICT SOUND RESTRIKES THAT ARE OFFERED, NOT BEING IN ONE OF THE EXEMPTED DISTRICTS. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU VERY MUCH, SIR. HEATED McINTORA BORA. AND FOLLOWING HIM IS MR. WILL BOSEMAN. IS MR. BOSEMAN HERE? MR. McINTORA INTORA BORA, WELCOME, SIR.

I AM THE OWNER AND OPERATOR OF THE RED EYE FLY ON RED RIVER. I WANT TO GIVE YOU A LOT BIT OF BACKGROUND QUICKLY. WE TOOK OVER THIS VENUE AT THE BEGINNING OF THIS YEAR. THERE WAS AN EXISTING PROBLEM WITH THE OLD OWNERSHIP AND THE NEIGHBORS, AND SO WHEN WE TOOK OVER, WE IMMEDIATELY SAT S.A.T. DOWN WITH THE NEIGHBORS AND SET OUT TO TRY AND RESOLVE THE SITUATION. WE HAD AN ACOUSTIC ENGINEER COME OUT AND INSPECT THE NEIGHBORHOOD AS WELL AS OUR VENUE SO WE COULD KNOW WHERE WE WERE SITTING AT THAT TIME. WE THEN AFTER REALIZING WHERE WE WERE -- WE COULD DO SOME THINGS TO TRY AND MAKE THE SITUATION BETTER FOR OUR RESIDENTS. WE THEN PUT ACOUSTIC BAFLZ IN PLACE AND WHATNOT, COSTING US SEVERAL THOUSANDS OF DOLLARS TO DO THIS, AND IT WAS MORE SO TO ACCOMMODATE THE SITUATION TO EVERYBODY COULD DO WHAT THEY NEEDED TO DO, AS FAR AS RESIDENTS LIVING AND US OPERATING OUR BUSINESS. WE ALSO CAME UP WITH OPERATING HOURS THAT WORKED FOR BOTH OF US, SHUTTING DOWN AT MIDNIGHT ON WEDNESDAYS AND THURSDAYS, 1:00 O'CLOCK ON FRIDAYS AND SATURDAYS, SOMETHING THAT'S WORKED. AND THEY ALSO WOCIALD WITH US TO LET US DO THAT WHILE WE WERE DOING SOME OF THIS CONSTRUCTION, BECAUSE IT DID TAKE SOME TIME. SOME OF THAT IN MIND, AT LEAST AS FAR AS WHAT WE HAVE DONE, I HAD A PROBLEM WITH SECTION 10-5-12. IT'S SUBSECTION D, WHICH IS PART OF THE SIXTH STREET DISTRICT AND WHERE IT ONLY EXTENDS TO SEVENTH STREET. WE WOULD ACTUALLY FALL UNDER THESE GUIDELINES AS FAR AS BEING A VENUE THAT'S LOWER THAT BE 600 PEOPLE. AND JUST BECAUSE WE'RE AT 715 AND WE'RE A HALF BLOCK OUTSIDE OF THE ZONING, WE ACTUALLY LOSE TWO HOURS OF OPERATION ON FRIDAYS AND SATURDAYS, THREE HOURS OF OPERATION ON THURSDAYS, AND THREE AND A HALF HOURS OF OPERATIONS SUNDAY THROUGH WEDNESDAY. THAT'S GOING TO HURT OUR BUSINESS TREMENDOUSLY, AND I JUST FIND IT HARD TO BELIEVE THAT WE WOULD HAVE TO ACCEPT THAT BASED ON BEING SUCH A SHORT DISTANCE OUTSIDE OF THE ZONED AREA. THAT'S IT. THANK YOU FOR YOUR TIME. [ APPLAUSE ]

Mayor Garcia: THANK YOU, MR. McINTORA BORA. MR. WILL BOSEMAN. AND FOLLOWING MR. BOSEMAN IS RAUL RAMENTE, I THINK. MR. BOSEMAN, WELCOME, SIR.

THANK YOU, GOOD EVENING, MAYOR AND COUNCILMEMBERS. I'M COMING TO YOU TONIGHT IN MY CURRENT POSITION AS VICE-PRESIDENT OF THE AUSTIN NEIGHBORHOOD'S COUNCIL. OUR NEW PRESIDENT, BRYAN KING, IS OUT OF TOWN AND COULD NOT BE HERE. ANC'S PRELIMINARY POSITION ON THIS IS ONE OF CONCERN SPECIFIC TO SECTION 10-5-A, SUBJECT TO CLARIFICATION, WE BELIEVE THAT THE RESTRICTIONS OUTLINED ACTUALLY MAKE ALLOWANCE FOR NOISE IN SINGLE-FAMILY AND MULTI-FAMILY DISTRICTS, RESIDENTIAL PROPERTIES THAT HERETOFORE HAVE NOT EXISTED. SIMILARLY WE'RE CONCERNED WITH THE PERMITTING PROVISIONS FOR SOUND ADJACENT TO RESIDENTIAL AREAS IN SECTION 10-5-14. WE'LL CHECK INTO THIS TO BE PRECISE AND PRESENT YOU WITH THE FOLLOW-UP EDUCATION. WE ARE NOT TAKING ISSUE WITH THE PERMANENTING OR REGULATION OF NOISE IN THE ENTERTAINMENT DISTRICT. WE'RE TALKING RESIDENTIAL AREAS BEYOND THE CORE OF DOWNTOWN -- AROUND THE CORE OF DOWNTOWN AND BEYOND. I WOULD ALSO ADD THAT THE MODEST PROPOSAL MADE BY THE FIRST SPEAKER TO CONDUCT A NOISE MAPPING PROJECT MIGHT -- IT SOUND WORTH WHILE, AND WE THINK ALSO WE KNOW THAT SOME TECHNICAL CONSULTATION WAS MADE, AS I UNDERSTAND IT, TO THE TASKFORCE. WE THINK THERE ARE SOME ADDITIONAL AUTHORITIES AND EXPERTISE RIGHT HERE IN OUR OWN COMMUNITY THAT CAN BE RESOURCED TO THIS AND DO A CHECK OVER ON THIS. I WON'T GO INTO DETAILS, BUT WE'LL FOLLOW UP ON IT. LASTLY, TO CLOSE, I BELIEVE A NUMBER OF YOU HEARD THE SPEECH GIVEN MY FORMER INDIANAPOLIS MAYOR BILL HUDNUT BACK BEFORE THANKSGIVING. HE PROVIDED YOU RECOMMENDATIONS ON ECONOMIC DEVELOPMENT AS WELL AS URBAN REVITALIZATION AND ALSO SMART GROWTH APPROACH TO PLANNING AND -- TRANSPORTATION AND LAND USE PLANNING. THE FOURTH ITEM, IF YOU TOOK NOTE, WAS A STRONG COMMITMENT TO CODE ENFORCEMENT IN DEALING WITH NUISANCE CRIMES. IT WAS IMPORTANT TO THE OVERALL LIVEABILITY OF THE RENAL. AND I THINK IN THIS CASE WE DO NEED TO HAVE SOME BALANCE IN THIS, BUT WE ALSO NEED TO TAKE CARE OF THOSE BROKEN WINDOWS. AND ALSO THE CODE ENFORCEMENT THAT NEEDS TO TAKE PLACE. AND I THINK IN THIS NOISE ORDINANCE WE HAVE SOME OF THOSE NEEDS PRESENT HERE, AND THE NEED TO HAVE STRONG POLICY COMMITMENTS, BUT ALSO STRONG ENFORCEMENT COMMITMENTS IS CERTAINLY NEEDED. THANK YOU.

Mayor Garcia: THANK YOU, MR. BOSEMAN. RACHEL -- RAUL BELEMONTE. I THINK I MISPRONOUNCED YOUR LAST NAME. AND FOLLOWING YOU IS EVON BELLTRAN, WHO DOES NOT WISH TO SPEAK. AND JAMES BELTRAN NOT WISHING TO SPEAK AND RENLED AGAINST. WELCOME, SIR.

THANK YOU. REALLY BRIEFLY AND KIND OF GENERAL, I WASN'T BORN HERE, BUT I GOT HERE AS SOON AS I CAN. I GOT HERE TO TEXAS AND I KIND OF LIKE IT. I LOVE TEXAS, ESPECIALLY. IT'S EVERYTHING THAT I WANTED, THE BEAUTIFUL LANDSCAPES, THE CONTOUR, THE DIFFERENT CULTURES, THE DIFFERENT DIVERSE AMOUNTS OF PEOPLE TO ME OUR MAIN MONEY MAKERS RIGHT NOW THAT I SEE IN A LARGE GENERAL WAY IS GOVERNMENT, TECHNICAL, TECH COMMUNITY, OUR UNIVERSITY, OUR MUSIC. ALTHOUGH WE'RE GOING THROUGH SOME ROUGH TIMES AT THE MOMENT, THINGS ARE POPPING UP ALL OVER THE PLACE RECENTLY ARE VIDEO CAMERAS ON ALL OUR STREETS. AND LIKE THIS BILL BEING PROPOSED, I SEE IT AS A FURTHER ENCOACHMENT ON OUR RIGHTS THAT ARE -- I THINK IT WILL HAVE A MAJOR EFFECT ON AUSTIN. PEOPLE DECIDE WHERE TO GO UNIVERSITYWISE, JOBWISE I THINK DUE TO WHAT -- OTHER THAN THEY'RE NINE ON FIVE OR WHATEVER HOURS YOU MAY HAVE, WHAT ARE YOU GOING TO DO AFTERWARDS? HOW ARE YOU GOING TO ENJOY YOUR LIFE? AND I THINK AUSTIN IS A VERY ENJOYABLE PLACE BECAUSE OF MANY DIFFERENT REASONS. AND IF YOU TAKE THE LIVE MUSIC WAY AND ENCROACH FURTHER INTO THAT STUFF, IT MAKES IT HARDER FOR THE PEOPLE WHO WANT TO BRING THESE ACTS TO THE PEOPLE HERE, IT MAKES IT MORE DIFFICULT. AND I THINK IT'S GOING TO HURT YOU ALL THE WAY AROUND. I DON'T WANT TO SEE THIS HAPPEN AS MUCH AS I WANT TO SEE THE GREENBELTS IN AUSTIN DISAPPEAR. THANK YOU.

Mayor Garcia: THANK YOU, SIR. COUNCIL, THAT'S ALL THE SPEAKERS THAT WE HAD ON THIS ITEM. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

Goodman: MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN, SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED NO? MOTION CARRIES. MS. HUFFMAN?

I'D LIKE TO REMIND EVERYBODY WHAT WE'RE DOING TONIGHT IS WE'RE POSTING THE PRODUCT. THERE'S NO ACTION TONIGHT. I WOULD LIKE TO SUMMARIZE TONIGHT ALONG WITH THE LAW DEPARTMENT SOME OF THE QUESTIONS WE'VE HEARD, AND COUNCIL IF THERE ARE ANY THAT WE DON'T COVER, LET US KNOW.

OKAY. WE'RE GOING TO TAKE A SHOT AT SUMMARIZING SOME OF THE FEEDBACK THAT WE'VE HEARD. ONE OF THE BIG QUESTIONS IS HOW DOES THIS ORDINANCE IMPACT THOSE WHO HAVE INDOOR MUSIC AT THEIR VEEN NEWS? THE PROPOSED CHANGES IN THIS ORDINANCE HAVE ONE MAJOR IMPACT ON INDOOR MUSIC VENUES AND THAT IS SOUND WILL NOW BE MEASURED ALONG THE PROPERTY PERIMETER. OTHER THAN THAT THERE IS NO CHOING CHAING IN THE ORDINANCE THAT FURTHER IMPACTS VENUES THAT HAVE INDOOR MIEWFB. THE PRIMARY CHANGE AGAIN IS THAT WE ADDED AN OUTDOOR MUSIC VENUE PERMIT. THERE WERE SEVERAL QUESTIONS ABOUT HOW THAT PERMITTING PROCESS WOULD WORK. GENERALLY THAT THERE ARE TWO PORTIONS OF THAT ON A CITYWIDE BASIS. THE PERMIT IS ONE YEAR LONG. IT IS SOMETHING THAT IS ADMINISTERED ADMINISTRATIVELY AND IT RESTRICTS SOUND ACROSS THE CITY TO 10:30 SUNDAY THROUGH WEDNESDAY, 11:00 O'CLOCK ON THURSDAY AND 12 MIDNIGHT ON FRIDAY AND SATURDAY. THE ORDINANCE ADDED TWO CARVED OUT AREAS OF THE DOWNTOWN, THE WAREHOUSE DISTRICT AND THE SIXTH STREET DISTRICT, AND OUTDOOR VENUES HAS PRODUCED SOUND UNTIL 2:00 A.M. AT 85 DECIBELS. AND 85-DECIBELS IS THE CITYWIDE DECIBEL LEVEL ALSO. ANOTHER QUESTION THAT CAME UP HAD TO DO WITH SOP'S. THAT STANDS FOR STANDARD OPERATING PROCEDURES. THAT WILL BE DEVELOPED BY THE POLICE DEPARTMENT TO DEVELOP THE ORDINANCE THAT IS PASSED BY THE CITY COUNCIL. SO IN OTHER WORDS, WE DON'T HAVE A FINAL SET OF SOP'S AT THIS TIME BECAUSE THE ORDINANCE WILL BE PASSED FIRST AND THEN THE POLICE DEPARTMENT WILL DEVELOP SOP THAT'S OOS THAT SUPPORT THE ORDINANCE AS ITS PASSED. IT WOULD MENTION THAT WE'VE GOT A SETTLEMENT AGREEMENT IN PLACE. THERE IS A SETTLEMENT AGREEMENT IN PLACE THAT WILL REQUIRE THE CITY TO WORK WITH THE PLAINTIFFS, AND WE WILL PROVIDE NOTIFICATION TO THAT GROUP AND THEY WILL HAVE A COMMENT PERIOD ON ANY CHANGES TO THE SOP'S IN THE POLICE DEPARTMENT. ANOTHER SET OF QUESTIONS HAD TO DO WITH THE PROTECTION IN THE NEIGHBORHOOD. THE NEIGHBOR TO NEIGHBOR SOUND IS ADDRESSED IN THE ORDINANCE IN TWO WAYS. WE REDUCE THE DECIBEL LEVEL IN THE NEIGHBORHOODS TO 75 DECIBELS FROM 10:00 P.M. TO 10:00 A.M., SOUND CANNOT BE AUDIBLE OTHER THAN THAT BEYOND THOSE TIMES. WE DO THINK THAT WE CAN TIGHTEN UP THE LANGUAGE A LITTLE BIT TO MORE ACCURATELY REFLECT THE CITY COMI'S INTENT THERE. RIGHT NOW THE ORDINANCE LANGUAGE IS TIED TO SINGLE-FAMILY-5 5 ZONING AND MORE RESTRICTIVE. AND WHEN WE COME BACK TO YOU IN JANUARY WE'LL PROPOSE A CHANGE THAT WE THINK WILL TIGHTEN UP THE COMMITTEE'S INTENT ON THE RESIDENTIAL PORTION OF THE ORDINANCE. LET'S SEE.

YOU'VE GOT MINE. THERE WERE THREE FOLLOW-UPS, SUGGESTIONS OR IDEAS THAT WE'VE MADE NOTE OF THAT WE'LL WORK ON HERE IN THE INTERIM. ONE WAS TO EXPLORE SOUND MAPPING, WHICH IS SOMETHING THAT WOODY RAISED. EVIDENTLY THERE IS ANOTHER CITY THAT HAS TRIED THIS. WE'RE GOING TO DO SOME FOLLOW-UP ON THAT RESEARCH AND SEE WHAT THAT WOULD TAKE, WHAT THAT LOOKS LIKE, WHAT THAT MIGHT GAIN US. WE HEARD A SUGGESTION ABOUT SOUNDPROOFING, AND IS THERE A WAY FOR US TO PROVIDE INCENTIVES OR HELP REDUCE THE COST FOR CLUBS TO DO ADDITIONAL SOUNDPROOFING. I'LL EXPLORE THAT A LITTLE BIT. SOME IDEAS MIGHT BE WAIVING OF FEES OR MAYBE A REVOLVING LOAN FUND, SOMETHING. WE'LL GIVE THIS SOME THOUGHT AND SEE IF THERE'S ANYTHING WE CAN DO TO REDUCE THE COST TO CLUBS THAT ARE DOING ADDITIONAL SOUNDPROOFING. AND THERE WAS A PARTICULAR CLB THAT EVIDENTLY FELL JUST OUTSIDE THE BOUNDARY AREA AND JUST OUTSIDE THE SIZE CAPACITY ON RED RIVER AND I'LL ALSO FOLLOW UP ON THAT TO SEE WHAT WE CAN DO. THOSE ARE THE THREE FOLLOW-UP ITEMS THAT I HAVE.

TWO OTHER ONES THAT WE'LL BE BRINGING FORWARD TO THE CITY COUNCIL, ONE IS TO CARVE OUT THE SOUTH BY SOUTHWEST EVENT AND EXEMPT THAT FROM THE ORDINANCE. AND THE SECOND THING WILL BE TO ADD AN APPEAL PROVISION TO THE PERMIT PROCESS. SO IF THE PERMIT IS REVOKED AFTER -- IF IT'S REVOKED AFTER TWO CONTRIBUTION CONVICTIONS, THE PERSON HAS AN OPPORTUNITY TO APPEAL THAT DECISION WITHIN THE CITY ORGANIZATION. THAT'S A VERY COMMON PROVISION AND OTHER ORDINANCES, AND WE WILL ADD THAT TO THIS ORDINANCE.

[INAUDIBLE - NO MIC]. MAYOR WAIT A SECOND. HOLD IT. SHE IS TRYING TO ADDRESS THE QUESTIONS. THE PUBLIC HEARING IS -- THE PUBLIC HEARING HAS BEEN CLOSED. SO IF YOU COULD PLEASE HOLD YOUR COMMENTS. SORRY.

THE SOUTH BY SOUTHWEST EXEMPTION IS SOMETHING THAT WAS TOUCHED ON BY THE COMMITTEE AS AN EXEMPTION THAT WOULD BE A GOOD IDEA. IT'S ALSO SOME OF THE FEEDBACK THAT WE'VE GOTTEN FROM OUR STAKE STAKEHOLDER MEETINGS. WE'LL BRING THESE CHANGES FORWARD TO THE CITY COUNCIL IN THE FORM OF A MATRIX SO YOU CAN DISCUSS THEM INDIVIDUALLY AND ADOPT THEM OR NOT AS YOU SEE FIT IN JANUARY.

AND THE LAST THING THAT I'LL ADD, DO WE HAVE THIS UP ON THE CITY WEB PAGE? THEY HAVE A MECHANISM WHERE YOU CAN PUSH A HOT BUTTON ON EACH OF THE SECTIONS AND SEE WHERE THERE'S A CHANGE AND GET AN EXPLANATION AT LEAST OF WHAT THE THOUGHT PROCESS WAS OR THE LOGIC BEHIND THE CHANGE. WE'LL TRY TO KEEP THAT UPDATED AND AVAILABLE TO PEOPLE WHO ARE TRYING TO FOLLOW THIS THROUGH TO ACTION.

AND WE'LL CREATE A MATRIX THAT SHOWS ALL OF THE ADDITIONAL FEEDBACK THAT WE'VE GOTTEN AND WHAT THE PROPOSED LANGUAGE WOULD LOOK LIKE TO ACHIEVE THAT CHANGE.

Goodman: MAYOR, CAN I ASK ONE THING ON WHAT SHE JUST SAID. CLARIFICATION, YOU JUST SAID RENOAK VOEKED. DID YOU MEAN DENIED?

CORRECT.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: THANK YOU. I'M SORRY IF YOU TOUCHED ON THIS BRIEFLY, MS. HOFFMAN, BUT CAN YOU DESCRIBE BRIEFLY THE COMPLAINT-DRIVEN ASPECT OF THIS? HOW COMPLAINTS TRIGGER ANY ASPECT OF THIS?

THE ORDINANCE AS ITS DESIGNED AND THE WAY THAT IT WORKS CURRENTLY IS IT IS A COMPLAINT DRIVEN ORDINANCE. IF SOMEONE CALLS INTO THE POLICE DEPARTMENT AND MAKES A COMPLAINT ABOUT NOISE, THAT'S WHAT TRIGGERS THE POLICE TO GO DOWN AND BEGIN MEASURING SOUNDS. THEY ARE NOT OUT THERE WITH THE DECIBEL METERS ON A ROUTINE BASIS MEASURING SOUND WITHOUT A COMPLAINT. AND THAT WAS AN IMPORTANT COMPROMISE BETWEEN THE RESIDENTIAL AND MUSIC INDUSTRIES BECAUSE WE EXTENDED THE ABILITY TO MEASURE ALONG THE PROPERTY LINE, BUT WE MAINTAINED THE COMPLAINT DRIVEN ASPECT OF IT SO THAT IF PEOPLE ARE ABLE TO PRODUCE SOUND WITHOUT COMPLAINT, THEN THEY WON'T -- THEY WON'T HAVE A PROBLEM.

> Wynn: THANK YOU.

Mayor Garcia: FURTHER QUESTIONS FOR MS. HUFF MAN. THANK YOU. DID WE CLOSE THE PUBLIC HEARING? OKAY. THAT'S ALL OF THE SPEAKERS AND ALL OF THE DISCUSSION. MS. HUFFMAN, WE'LL -- WE'LL GET THAT INFORMATION FROM YOU, E-MAIL? THANK YOU. WE NOW WILL GO TO ITEM NUMBER 37. COUNCILMEMBER SLUSHER PULLED THIS ITEM. LET ME INTRODUCE THE ITEM FOR YOU. IT'S APPROVE SECOND AND THIRD READING OF AN ORDINANCE AMENDING CHAPTER 25-2 OF THE AUSTIN CITY CODE BY REZONING PROPERTY LOCATED AT 12008 POLLY ANNA AVENUE FROM SF-#- TO SF-3-CO. COUNCILMEMBER SLUSHER?

LET'S JUST HAVE A SHORT RECAP FROM THE STAFF, MAYOR.

Mayor Garcia: MR. GURNSEY?

GOOD EVENING, MY NAME IS GREG GURNSEY. THIS IS ZONING CASE C-14-02-0076 AT 12 ON OF 00 #- POLLY ANNA AVENUE. IT IS REQUESTED TO BE REZONED TO SF-3-CO, FAMILY RESIDENTIAL DISTRICT. AND THIS WOULD ALLOW FOR A DUPLEX TO BE BUILT ON THE PROPERTY. AT THE LAST HEARING THERE'S A CONCERN ABOUT EMERGENCY ACCESS AT THIS LOCATION. IT'S ON THE CORNER OF WREN AND POLLYANNA. AND GIVEN THE WIDTH OF THE STREET THERE'S CONCERN ABOUT GETTING EMERGENCY VEHICLES AROUND THAT CORNER. IT HAS BEEN INVESTIGATED AND THE AUSTIN FIRE DEPARTMENT HAD A DIFFICULT TIME GETTING THEIR APPARATUS AROUND THE CORNER WITH VEHICLES PARKED ON EITHER SIDE. SINCE THAT TIME IT'S MY UNDERSTANDING THIS WEEK THERE HAVE BEEN NO PARKING SIGNS PLACED ON BOTH SIDES OF THE STREET. ON THE INSIDE OF THE CURB AND THE OUTSIDE OF THE CURB THAT WILL NOW ALLOW EMERGENCY VEHICLES TO PASSED WITHOUT BEING HINDERED BY CARS BEING PARKED ON EITHER SIDE OF THE ROADWAY. THERE IS A VALID PETITION FILED BY THE NEIGHBORHOOD. IT STANDS AT 24.71%, SO IF COUNCIL DECIDES TO APPROVE THE ZONING REQUEST THIS EVENING ON SECOND AND THIRD READINGS, IT WOULD NEED TO BE SIX OUT OF SEVEN VOTES OF COUNCIL AFFIRMATIVE TO APPROVE THE APPLICANT'S REQUEST. HOWEVER, ONLY FOUR VOTES ARE NECESSARY TO APPROVE THIS ON SECOND READING. THERE ARE REPRESENTATIVES HERE FROM THE NEIGHBORHOOD AND THE APPLICANT, SO -- AN AGENT IS HERE. IF YOU HAVE ANY QUESTIONS OF STAFF, I'LL BE MORE THAN HAPPY TO ANSWER THEM AT THIS TIME.

Mayor Garcia: QUESTIONS FOR MR. GURNSEY? WE HAVE TWO PEOPLE SIGNED UP TO SPEAK. WE USUALLY DON'T TAKE SPEAKERS ON SECOND AND THIRD READING, BUT SINCE THERE'S ONLY TWO OF THEM, MR. WAYNE TOBIAS? AND FOLLOWING HIM IS MR. JIM BENNETT. WELCOME, SIR.

MAYOR GARCIA, COUNCILMEMBERS, THANK YOU FOR LISTENING TO US TONIGHT. I'M WAYNE TOBIAS. I'M THE PRESIDENT OF THE WALNUT CREEK NEIGHBORHOOD ASSOCIATION. ON BEHALF OF THE NEIGHBORHOOD BOARD, WE RESPECTFULLY REQUEST THAT YOU DENY THE ZONING CHANGE. THE NEIGHBORHOOD ASSOCIATION DID NOT CONSENT TO CHANGES IN OUR NEIGHBORHOOD PLAN, THE NORTH LAMAR STUDY, WITHOUT REASONABLE JUSTIFICATION. ON THIS ISSUE, BECAUSE A PETITION FROM THE SURROUNDING NEIGHBORS IS STILL VALID AND NOTHING IN THIS SECTION OF THE NEIGHBORHOOD HAS CHANGED TO JUSTIFY THE REZONING, WE STILL PROTEST THE CHANGE OF ZONING FROM SF-1 FOR SF-3 FOR EITHER OF THE LOTS IN THE ORIGINAL ZONING REQUEST. THE NEIGHBORHOOD PRESENTED THREE PROTEST ITEMS AGAINST THIS ZONING REQUEST AT THE PRIOR COUNCIL MEETING. ONE SAFETY ISSUE REGARDING THE EGRESS OF EMERGENCY VEHICLES AROUND THE CURB WHEN VEHICLES ARE PARKED ON THE STREET WAS REVIEWED BY THE CITY AND NO PARKING SIGNS HAVE BEEN PLACED ON THE CURB. THE SECOND SAFETY CONCERN WAS THE TRAFFIC INCREASE AS A RESULT OF DOUBLING THE NUMBER OF FAMILIES ON A BLIND CURVE. AND THIRD, THESE ENVIRONMENTALLY SENSITIVE LOTS HAVE STEEP INCLINES INTO TWO CREEKS WHICH WILL BE IMPACTED BY THE ADDITIONAL IMPERVIOUS COVER NEEDED TO ACCOMMODATE A DUPLEX WITH ADEQUATE PARKING FOR ON -- ADEQUATE OFF ROAD PARKING. THE TWO LOTS IN THE ORIGINAL ZONING REQUEST WERE PART OF A BLOCK OF SIX MOTS LOTS ALONG POLLYANNA SPECIFICALLY SUBDIVIDED FOR DUPLEXES. FOUR OF THE LOTS ARE ON A STRAIGHT SECTION OF THE ROADWAY. THE LAST TWO ON THE OUTSIDE OF A CURVE. THIS CUFB IS A-- CURVE IS A SHARP BLIND-CORNERED CURB. THREE DUPLEXES WERE BUILT ON THE FIRST THREE LOTS STRAIGHT AWAY. THE FOURTH LOT IS STILL VACANT. THE FIFTH AND SICKTH, AS I JUST STATED, ARE ON THE CURVE. THE FOURTH LOT, INCIDENTALLY, IS CURRENTLY ZONED SF-3. AND THEY DO HAVE PLANS TO PUT A COMPLEX DUPLEX ON IT ALREADY. SO WE'RE ONLY INTERESTED IN TWO LOTS THAT I'M TALKING ABOUT THAT ARE ON THE CURVE. THE NEIGHBORS -- LET'S SEE, THE ISSUE, LIKE I STATED EARLIER, IS A SAFETY ISSUE, AND THE NEIGHBORS AND THE BOARD FEEL THE CORNER OF POLLYANNA AND WREN CANNOT SUPPORT THE EXTRA FAMILY WITH THE TRAFFIC AND WITH THE ADDITIONAL DUPLEXES? ALTHOUGH THE OWNER HAS WITHDRAWN, ONE OF THE TWO LOTS FROM THE ORIGINAL ZONING REQUEST, THE WALNUT CREEK NEIGHBORHOOD BOARD AND MOST OF THE NEIGHBORS THAT ORIGINALLY SIGNED THE PROTEST RESPECTFULLY REQUEST THE CITY COUNCIL DENY THE ZONING CHANGES. THANK YOU. OH, AND HAVE A HAPPY AND SAFE HOLIDAY.

Mayor Garcia: THANK YOU, MR. TOBIAS. MR. JIM BENNETT?

MAYOR AND COUNCIL, I'M JIM BENNETT. THIS SHOWS YOU THE LOCATION OF THE TRAFFIC SIGNS THAT WERE PUT UP BY THE CITY OF AUSTIN. I BELIEVE THAT WAS THIS WEEK. AS YOU CAN SEE, THEY -- THE DOTS INDICATE WHERE THOSE SIGNS ARE LOCATED. THEY ARE NO PARKING SIGNS. IT'SIT'S NOT WITH THE HOURS OF NINE TO NINE, IT'S NO PARKING TOTALLY. AS COUNCIL WILL RECALL, AND I BELIEVE AS MR. GURNSEY REPORTED TO YOU, ORIGINALLY THIS APPLICATION WAS FOR TWO LOTS TO BE ZONED SF-3 IN ORDER TO ALLOW A DUPLEX ON EACH ONE OF THEM. THE LOT 6, THE ONE THAT'S BLANKED OUT THERE, WE HAVE AMENDED THE APPLICATION AND AGREED TO BUILD THE ONE DUPLEX. THE TOTAL SITE ORIGINALLY WAS 1.1 ACRES. LOT 5, THE REMAINING LOT THAT WE WERE PROPOSING TO BUILD A DUPLEX ON IS SOME 30,000 SQUARE FEET IN SIZE. I BELIEVE AT LAST COUNCIL WE DISCUSSED 40% IMPERVIOUS COVER OF THAT LOT, WHICH IS BELOW THE 45% THAT THE ORDINANCE REQUIRED OR PERMITS. ADDITIONALLY WE'RE ABOUT 130 FEET FROM THE TRIBUTARY, WITH TREE FOLIAGE IN BETWEEN OUR BUILDING SITE AND THE TRIBUTARY TO THE WEST OF US. ORIGINALLY THIS PLAT WAS RECORDED IN 1972, I BELIEVE IT WAS. AND AT THAT TIME LATER THERE WAS A COVENANT RECORDED IN '79. WHEN THOSE DUPLEXES WERE BUILT THESE TWO LOTS WERE RESERVED FOR A SEPTIC FIELD TO BE ON THESE TWO LOTS. AND THE COULD COVENANT, SOME OF YOU MAY HAVE A COPY OF IT. THE COVENANT IS GOOD AND IT TERMINATES AT SUCH TIME AS CITY SEWER IS MADE AVAILABLE. THOSE LOTS, ACCORDING TO THE COVENANT, HAVE 90 DAYS TO DO A CUTOVER FROM SEPTIC TO CITY SEWER. THE SEWER CONSTRUCTION IS UNDER PLACE RIGHT NOW. I BELIEVE THE LEASE ON THE EASEMENT IS FOR 18 MONTHS, SO WE WON'T BE ABLE TO BUILD ON THE EASEMENT UNTIL THE SEWER SERVICE IS MADE AVAILABLE TO OUR LOTS, AND THE OTHER LOTS ARE CUT OVER FROM SEPTIC TO SEWER. RELATIVE TO THE TRAFFIC, THIS IS A DUPLEX. I DON'T THINK THAT THE GENERATION OF TRAFFIC ON ONE DUPLEX IS GOING TO OVERBURDEN ANY OF THE NEARBY STREETS AS WELL AS THE NORTH LAMAR STUDY. ON A 30,000 SQUARE FOOT LOT, ONE DUPLEX SHOULD NOT BE INJURIOUS TO THE NORTH LAMAR STUDY THAT IT WOULD HAVE A GREAT IMPACT ON THAT STUDY. AND WE WOULD REQUEST COUNCIL CONSIDER THE FACT THAT WE'VE REDUCED OUR PROJECT BY 50% OF WHAT WE WERE INITIALLY PROPOSED, AND TO GRANT THE SF-3 ZONING ON LOT 5 ONLY. THANK YOU.

THANK YOU, MR. BENNETT. THAT'S ALL THE SPEAKERS WE HAVE. COUNCILMEMBER SLUSHER, YOU PULLED THIS ITEM.

Slusher: MAYOR, I'M GOING TO MOVE APPROVAL AGAIN. I THINK THEY'VE CUT IT BACK TO, LET'S SEE, ONE DUPLEX AND ONE REGULAR SINGLE-FAMILY, IS THAT CORRECT? AND THAT'S WHAT IT WAS THE LAST READING. AND PLUS IT'S IMPORTANT TO ME THAT THE OWNER OF THE PROPERTY LIVES DOWN THE STREET HIMSELF, SO THAT GIVES ME FAITH IT WILL BE KEPT UP. SO I WOULD MOVE -- I'M NOT SURE IF THERE'S FIVE OR SIX, SO I'M GOING TO MOVE FOR A SECOND READING TONIGHT.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER TO APPROVE ITEM NUMBER 37 ON SECOND READING ONLY. THERE'S A VALID PETITION ON THIS ONE, BUT I DON'T THINK THE VALID PETITION DOESN'T APPLY REALLY UNTIL THE THIRD READ REEDING, CORRECT, MR. GURNSEY?

CORRECT, THE VALID PETITION TAKES EFFECT WITH THE THIRD READING. SO ONLY FOUR VOTES TO APPROVE THIS ON SECOND READING.

Mayor Garcia: DISCUSSION?

Wynn: MAYOR. I HAVE QUESTIONS FOR STAFF OR MAYBE MR. BENNETT. ON A LARGER MAP CAN SOMEBODY SHOW ME THE LOCATIONS OF THE HOMES THAT ARE PART OF THE VALID PETITION?

I DON'T BELIEVE WE HAVE AN EXHIBIT THAT SHOWS THE LOCATION, BUT IT SHOULD BE IN YOUR BACKUP. THERE'S AN EXHIBIT THAT SHOULD SNOW SHOW THE LOCATION OF THOSE HOMES. IN THE VERY BACK OF YOUR MATERIAL THERE ARE APPROXIMATELY FOUR PROPERTIES THAT ARE STILL PART OF THE PE PE TITION. I CAN SHOW THEM ON --

Wynn: IT SEEMED TO ME THAT SORT OF LOGICALLY LOOKING AT IT. THE ADJACENT PROPERTY OWNERS THERE ON POLLYANNA ON THIS STREET IN QUESTION, JUST SORT OF IN MY OPINION HAVE SO MUCH MORE -- THERE'S SO MUCH MORE POTENTIAL IMPACT ON THEM, SO I WAS CURIOUS AS TO WHAT DISCUSSIONS WERE HAD, IF ANY, BETWEEN THE APPLICANT AND I GUESS WHAT WE CALL TRACTS 1 AND 2 ON THE PETITION PAINFUL?

I'M NOT SURE THAT -- I'M NOT SURE THE DISCUSSION BETWEEN THOSE PROPERTY OWNERS, THE TWO PROPERTY OWNERS -- THE PROPERTY OWNERS THAT HAVE SIGNED THE PETITION ARE THESE TWO LOTS AND THEN THOSE TO THE REAR. ORIGINALLY WHEN THE APPLICATION CAME THROUGH, BOTH DUPLEXES PROPOSED, THE PROPERTY OWNER ACROSS THE STREET HAD ENTERED IN THE PETITION. FINDING OUT IT WAS NOT GOING TO BE CONSTRUCTING AN APARTMENT, BUT A DUPLEX, THIS LADY WITHDREW HER -- WITHDREW HER PROTEST. SO WHAT STARTED OUT TO BE A PETITION OF APPROXIMATELY 36% IS ONLY 24 POINT SOMETHING PERCENT.

Wynn: OKAY. IT JUST SEEMS TO ME LOOKING AT THE LAYOUT OF THIS PARTICULAR NEIGHBORHOOD THAT ALTHOUGH OBVIOUSLY WE WANT TO BE VERY EMPATHETIC TO ADJACENT PROPOSERS, THE PROPERTY OWNERS BACK ADJACENT OFF OF OAKWOOD DRIVE ARE -- IT SEEMS TO ME THERE'S QUITE A DICHOTOMY BETWEEN THE IMPACT THAT PERHAPS WOULD OCCUR ON THOSE TWO PROPERTIES AND THE OTHER TWO IN QUESTION, BUT I HAD THOUGHT THERE HAD BEEN SOME MORE PROGRESS MADE IN THE DISCUSSIONS WITH THE ADJACENT NEIGHBORS ON THE ACTUAL VEED STROOET, BUT PERHAPS NOT.

MR. BENNETT HAS INDICATED THAT THOSE PROPERTIES THAT COULD PETITION, OF THOSE REMAINING PROPERTIES, THOSE PROPERTY OWNERS ARE ACTUALLY IN FAVOR. HE HAS A LITTLE BIT MORE DETAILED EXHIBIT OF THE PROPERTIES HE HAS GONE DOOR TO DOOR TO GET SUPPORT OF. I THINK HE CAN MAKE THAT AVAILABLE TO YOU. BUT PRETTY MUCH THOSE PROPERTY OWNERS THAT HAVE NOT SIGNED THE PETITION ON THIS MAP ARE IN SUPPORT WITHIN THE AREA THAT COULD PETITION AGAINST THE REQUEST.

Wynn: MR. BENNETT, IF YOU CAN DO THAT VERY BRIEFLY, JUST DESCRIBE WHO YOU'VE TALKED TO --

I DON'T KNOW IF YOU CAN SEE THIS FAR AWAY. ORIGINALLY THE PROPERTY OWNERS ACROSS THE STREET, AS MR. GURNSEY SAID, AND ONE TO THE WEST OF US, HAD SIGNED THE ORIGINAL PETITION. THEY WITHDREW THEIR NAMES FROM THE ORIGINAL PETITION. WE DID MEET WITH THE ONE PROPERTY OWNER I BELIEVE THAT'S IDENTIFIED AS LOT NUMBER 2, AND THAT'S -- WE DIDN'T REALLY GET ANYWHERE THERE, BUT THAT'S WHERE WE CHANGED OUR APPLICATION AND DECIDED TO BUILD THE SINGLE-FAMILY ADJACENT TO THAT PETITIONER TO GET THE BUFFER BETWEEN THAT AND THE PROPOSED DUPLEX LOT THAT WE'RE LOOKING AT. ALL THOSE PEOPLE THAT ARE IDENTIFIED IN THE YELLOW, WE HAVE LETTERS OF SUPPORT FROM THOSE FOLKS. WE WEREN'T ABLE TO CHANGE THE MIND OF PETITIONERS ONE AND TWO AS SHOWN ON THE MAP, NOR THE BACK TWO.

Wynn: AS AS OPPOSED TO ACTUALLY SIGNING A PETITION IN OPPOSITION OR BEING NEUTRAL OR NOT EVEN RESPONDING TO YOU, YOU ACTUALLY HAVE AFFIRMATIVE LETTERS OF SUPPORT FROM THESE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, 10 --

THOSE FOLKS IN YELLOW, YES?

Wynn: THANK YOU.

Mayor Garcia: THERE'S A MOTION. WAS THERE A SECOND?

Dunkerley: SECOND.

Mayor Garcia: SECONDED BY COUNCILMEMBER DUNKERLEY. FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: OPPOSED NO. MOTION CARRIES. DID I HEAR TWO NO'S? FIVE TO TWO WITH COUNCILMEMBER ALVAREZ AND MAYOR PRO TEM GOODMAN VOTING NO. MR. BENNETT, SINCE THERE IS A VALID PETITION ON THIS ONE, UNLESS THERE IS A CHANGE IN THE VOTING, YOU DON'T HAVE THE SIX VOTES TO OVERRIDE THE VALID PETITION. COUNCILMEMBER ALVAREZ AND THE MAYOR PRO TEM VOTED AGAINST IT, SO YOU MIGHT TAKE THAT INTO CONSIDERATION. THE NEXT TIME YOU BRING IT UP FOR CONSIDERATION AT THE THIRD READING. THANK YOU. THE LAST ITEM IS ITEM NUMBER 49. AND THIS ITEM IS TO APPROVE NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH TRC ENVIRONMENTAL CORPORATION FROM AUSTIN, TEXAS TO PROVIDE DESIGN, BID/AWARD AND CONSTRUCTION PHASE SERVICES FOR THE MABEL DAVIS PARKLAND FILL REMEDIATION PROJECT IN AN AMOUNT NOT TO EXCEED $750,000. I THINK IF YOU CAN GIVE US A VERY BRIEF EXPLANATION OF WHAT THIS PROJECT IS. AND THEN WE HAVE A FEW SPEAKERS. AND I THINK FOLLOWING THAT A MOTION, BUT THIS IS A PROJECT THAT HAS BEEN ONGOING NOW FOR SOME TIME. AND THIS GROUP IS GOING TO HELP WITH A PROJECT THAT WILL GET US TO WHERE WE CAN REOPEN THAT PARK AS A SAFE PARK IN A CRITICAL PART OF AUSTIN. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS]

... SOLICIT FOR A CONSULTANT TO WATCH OVER THE REMEDIATION PHASE AND PROVIDE ALL REQUIRED SERVICES. THE -- AS A RESULT OF THE SELECTION, WE ARE RECOMMENDING THE AWARD OF THIS PROFESSIONAL SERVICES AGREEMENT TO T.R.C. ENVIRONMENTAL CORPORATION OF AUSTIN. WITH THAT, I'M AVAILABLE FOR ANY QUESTIONS.

Mayor Garcia: QUESTIONS FOR MR. REIKE? THANK YOU, MR. REIKE. WE HAVE SEVERAL SPEAKERS AND I'LL CALL THEM OUT AT THIS TIME. MAKE KEL VAN OHLEN AND YOU HAVE 15 MINUTES IS MS. BETTY VERA HERE. OKAY. DONATED TIME. CRYSTAL VAN OHLEN. PAUL McCLEARY. IS HE HERE? HUH? [INAUDIBLE]

Mayor Garcia: OKAY. YOU CAN -- HE CANNOT GIVE YOU TIME IF HE'S NOT HERE. RUBEN RODRIGUEZ GAVE YOU TIME, BUT HE'S NOT HERE, EITHER. SO YOU HAVE NINE MINUTES. [INAUDIBLE - NO MIC]

Mayor Garcia: WELL, I HAVE CARDS FROM MR. PHIL BROWN, IS THAT YOU? YOU ARE YIELDING. MR. PHIL BROWN, IF YOU COULD COME UP. AND FOLLOWING YOU IS MR. TYLER JONES.

HOW MANY MINUTES, MAYOR?

Mayor Garcia: NINE.

THANK YOU.

Mayor Garcia: NO, I TAKE THAT BACK, THREE. VAN OHLEN HAS NINE, BUT HE'S CHOSEN NOT TO SPEAK, SO WE WON'T RECOGNIZE HIM AGAIN. [ LAUGHTER ]

GOOD EVENING, MAYOR. COUNCILMEMBERS. CITY STAFF, THAT ARE STILL HERE. I'M PHIL BROWN WITH U.R.S., FORMERLY RADIAN. I STAND TONIGHT IN OPPOSITION TO STAFF'S MABEL DAVIS RECOMMENDATION, AGENDA ITEM 49, AND SUPPORT A COUNCIL OVERRIDE. FIRST, I WOULD LIKE TO BRING COUNCIL'S ATTENTION TO THE EVALUATION MATRIX THAT'S BEING HANDED OUT RIGHT NOW. THE TOP TWO TEAM'S SCORES. I'D LIKE TO ADDRESS AND FOCUS MY ATTENTION ON THE TOP TO TEAMS ON THAT MATRIX. REVIEW OF THE 12 CATEGORIES SCORED BY THE SELECTION BOARD SHOWS THE U.R.S. TEAM CLEARLY AT THE TOP OR TIED IN 10 OF THE 12 CATEGORIES SHOWN IN BLUE. OBVIOUSLY THE CHOICE OF THE SELECTING BOARD, YET THE U.R.S. DID NOT GET THE RECOMMENDATION TO COUNCIL. AS YOU CAN SEE IN THE SCORING, THE CITY OF AUSTIN WORK EXPERIENCE IS USED IN A NEGATIVE WAY. IN TEAMS LIKE U.R.S. AND OUR SUBS WHO DO GOOD WORK FOR THE CITY ARE ACTUALLY PENALIZED IN A SELECTION LIKE THIS. IT'S OUR HIGH SCORES, ON 10 OF THE 12 CATEGORIES, OUR PAST SUCCESS OF MABEL DAVIS DOING SENSITIVE ENVIRONMENTAL WORK, OUR PROVEN TRACK RECORD, OUR KNOWLEDGE OF FUTURE DESIGN REQUIREMENTS FOR MABEL DAVIS, AND OUR UNDERSTANDING OF COMMUNITY CONCERNS THAT ALL COMBINE TO SUPPORT OUR SELECTION AS THE MOST QUALIFIED TEAM. SECOND AND JUST AS IMPORTANT, I'M HERE TO STRONGLY SUPPORT OUR TEAM'S SUBCONSULTANTS WHO ARE ALSO LOSERS IN THE R.C.A. BEFORE YOU FOR CONSIDERATION. THE RECOMMENDATION FOR COUNCIL ACTION SUMMARY PROVIDED TO YOU IS INCORRECT IF IT DOESN'T SHOW OUR M.B.E. TOTAL OF 30%. THE BREAKOUT OF WHICH IS 10% BLACK, 10% HISPANIC, 10% ASIAN. NOT THE OVERALL 10% THAT MY COPY INDICATES. ADDITIONALLY, WE HAVE 25% W.B.E. AND ANOTHER 2% W.B.E. YET TO BE CERTIFIED BY THE CITY OF AUSTIN FOR A VERY STRONG TOTAL OF 57%. FAR EXCEEDING OUR COMPETITORS. IN ADDITION, WE HAVE A PROVEN TRACK RECORD ON OUR CITY OF AUSTIN PROJECTS, IN EXCEEDING YOUR M.B.E. AND W.B.E. REQUIREMENTS. ALTHOUGH NOT A FORMAL PART OF THE DECISION PROCESS, THIS DOES INDICATE OUR TEAM'S STRONG COMMITMENT TO THE CITY GOALS AND EXCELLENT WORKING RELATIONSHIPS THAT WE HAVE WITH OUR TEAM MEMBERS. FINALLY, WE BELIEVE IN THE COUNCIL'S WISDOM AND FAIRNESS, THAT THEY WILL DO WHAT'S BEST FOR THE COMMUNITY. IN SUPPORT OF THAT DECISION, I WANT TO INDICATE AGAIN THAT THE U.R.S. TEAM, AS THE INCUMBENT, HAS NO LEARNING CURVE IN THE SENSITIVE ENVIRONMENTAL AREA [BUZZER SOUNDING] AND THAT MEANS SAVING TIME AND MONEY FOR THE TAXPAYERS. THE COMMUNITY KNOWS US AND TRUSTS US. WE HAVE A STRONG RELATIONSHIP WITH THE NEIGHBORS OF MABEL DAVIS. WE HAVE WORKED THERE FOR YEARS SATISFACTORILY WITHOUT COMPLAINTS. WE KNOW THE SITE BETTER THAN ANY OTHER CONTRACTOR. IN THE INTEREST OF CONTINUITY AND SUCCESSFUL CLOSURE, WE ARE THE CLEAR CHOICE OF THE SELECTION BOARD. AS A RESULT WE CAN ASK THE COUNCIL TO CORRECT THIS ANOMALY BY MAKING THE DECISION TO SELECT THE U.R.S. TEAM. THANK YOU MAYOR AND COUNCIL.

Mayor Garcia: THANK YOU, MR. BROWN. MICHAEL VAN OHLEN, DO YOU WANT TO BE RECOGNIZED NOW? OR IS IT TYLER JONES?

GOOD EVENING MAYOR GARCIA AND COUNCILMEMBERS, MY NAME IS TYLER JONES, I WORK FOR U.R.S. CORPORATION, I WORK THERE FOR THE PAST 3 YEARS, DURING THE ENTIRE TIME I HAVE WORKED ON THE MEASURE BELL DAVIS PROMISE. I'VE HAD THE OPPORTUNITY TO WORK WITH SEVERAL CONTRACTORS IN EXECUTING WORK AT THE SITE. INCLUDING POLICE SIM DEVELOPMENT WHO IS GOING TO WORK AFTER ME, PRISIM DEVELOPMENT AND OTHER MINORITY OWNED BUSINESSES THAT U.R.S. WORKED WITH AT MABEL DAVIS. CURRENTLY I'M THE LEAD GEOLOGIST AT THIS SITE. I'M VERY FAMILIAR WITH THE WORK THAT'S BEEN COMPLETED AT THE SITE OVER THE PAST THREE YEARS. MORE IMPORTANTLY I KNOW WHAT ADDITIONAL WORK NEEDS TO BE DONE AT THE SITE. IF IN YOUR WISDOM YOU DECIDE TO SELECT U.R.S., PLEASE KEEP IN MIND THAT NO LEARNING CURVE WILL BE REQUIRED TO -- EXCUSE ME -- TO MOVE INTO THE NEXT PHASE OF THIS PROJECT. ADDITIONALLY WHEN THE CURRENT PHASE OF THE PROJECT IS COMPLETE, U.R.S. CAN IMMEDIATELY START IN THE NEXT PHASE AT NO ADDITIONAL COST TO THE CITY FOR GETTING UP TO SPEED ON THE PROJECT. I APPRECIATE THE OPPORTUNITY TO SPEAK AND THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU, MR. JONES. DAVID WYNN DOES NOT WISH TO SPEAK. REGISTERED AGAINST. MIKE HOLDER? MIKE HOLDER, FOLLOWING MR. HOLDER IS MR. MARK ROBBINS. MR. HOLDER, WELCOME, SIR.

THANK YOU, MR. MAYOR, COUNCILMEMBERS. THANK YOU FOR THE TUP TO COME SPEAK TONIGHT. AS YOU KNOW MY NAME IS MIKE HOLDER, THE PROPOSED PROJECT MANAGER FROM T.R.C. FOR THIS WORK. THE MAIN ISSUES HERE TONIGHT SEEM TO BE BASED PRIMARILY I GUESS ON THE MATRIX BOTH THE -- THE PREVIOUS WORK DONE FOR THE CITY OF AUSTIN AS WELL AS THE EXPERIENCE OF THE INCUMBENT. AND I GUESS FIRST I'M GOING TO TALK A LITTLE BIT ABOUT THE MATRIX. IT'S SOMETHING WE ALL FOLLOW. WE BASE OUR PROPOSALS ON IT. EVERYBODY THAT FILLS OUT A PROPOSAL AND IS LOOKING AT THE MATRIX, THEYED IN THAT THAT'S HOW THE JOINS GOING TO BE SCORED AND THEY BUY INTO THAT. WHEN THEY SUBMIT THEIR PROPOSAL. AT THE SAME TIME, THIS BUY-IN IS REAL SIMILAR TO THOSE OF US WHO HAVE ROTATIONNAL CONTRACTS WITH THE CITY, THAT INCLUDES T.R.C., U.R.S., MANY OTHERS. THE ROTATIONNAL CONTRACT IS SOMETHING THE NUMBER COMES UP, YOU WORK THE WORK. IF IT DOESN'T, IT GOES TO SOMEBODY ELSE. THIS IS ANOTHER WAY THAT THE CITY MANAGES CONTRACTORS AND ONE OF THE WAYS THEY TRY TO DO IT FAIRLY. FOR THE EXPERIENCE, THE INCUMBENT HAS BEEN ON THE SITE SINCE 1993, THAT'S 10 YEARS. SO OBVIOUSLY THEY DO HAVE THE EXPERIENCE THAT'S PROBABLY MOST PERTINENT TO THIS SITE. I THINK THAT WOULD BE A GIVEN. AT THE SAME TIME, WITH THE CITY OF AUSTIN, THE PREVIOUS WORK, I THINK THE MATRIX ALLOWS FOR OTHER CONTRACTORS TO COME IN THAT MAY HAVE A FRESH PERSPECTIVE THAT HAVEN'T BEEN ON THE SITE 10 YEARS, THAT HAVE NEW EXPERIENCES, FROM ELSEWHERE, THEY CAN BRING THOSE EXPERIENCES, THAT EXPERTISE TO THE TABLE AND MAYBE COME UP WITH A SOLUTION THAT CAN DRIVE THE PROJECT TO COMPLETION. AS THE MAYOR SAID VERY SHORTLY, AND GET THE LANDFILL BACK INTO THE SERVICE AS A PARK. THANK YOU.

Mayor Garcia: THANK YOU, MR. HOLDER. MARK ROBBINS. MARK ROBBINS, FOLLOWING MR. ROBBINS IS THOMAS PADLICK.

THANK YOU, GOOD EVENING, MAYOR.

Mayor Garcia: WELCOME, SIR.

MAYOR AND COUNCILMEMBERS, THANK FOR YOU THE OPPORTUNITY TO SPEAK. MY NAME IS MARK ROBBINS, THE OPERATIONS MANAGER FOR T.R.C. ENVIRONMENTAL CORPORATION IN AUSTIN, TEXAS. I'M HERE TONIGHT TO DISCUSS WHAT I THINK MAY BE SOME ISSUES OR MAY NOT BE SOME ISSUES WITH RESPECT TO THE SELECTION. OBVIOUSLY OUR OPPONENT HAS RAISED SOME INTERESTING ISSUES, I WOULD LIKE TO ADDRESS THOSE. IT MAY BE OF CONCERN AND IT MAY BE QUESTIONING WHETHER OR NOT THE MATRIX IS FAIR. THE MATRIX IS FAIR BECAUSE THAT'S WHAT EVERYONE BASES THEIR PROPOSED ON. WHAT IS FUNDAMENTALLY UNFAIR IS AT THIS POINT IN TIME TO CHANGE THE MATRIX. WE LIKE ALL OF OUR COLLEAGUES AND CONTEMPORARIES IN OTHER BUSINESSES BASE OUR PROPOSALS ON THAT MATRIX. WE KNOW GOING INTO THE PROCUREMENT PROCESS HOW THE MATRIX WILL BE SCORED. WE KNOW WHAT OUR SCORE IS GOING TO BE ON PREVIOUS CITY OF AUSTIN WORK. OUR COMPETITORS KNOW WHAT THEIR SCORES ON CITY OF AUSTIN WORK IS GOING TO BE GOING INTO THIS COMPETITION. THERE IS NO SURPRISE THERE. NOBODY SHOULD BE SURPRISED BY THE SCORE THEY RECEIVE. EVERYBODY PREPARES THOSE PROPOSALS WITH THE KNOWLEDGE THAT THEY ARE QUALIFIED OR NOT QUALIFIED IN WHATEVER CATEGORY THEY ARE COMPETING IN. I KNOW OF A LARGE FIRM HERE IN TOWN, A VERY QUALIFIED FIRM THAT CHOSE NOT TO COMPETE ON THIS PROCUREMENT BECAUSE THEIR PREVIOUS CITY OF AUSTIN WORK WAS SO MUCH THAT THEY WERE GOING TO LOSE SIX POINTS. THEY KNEW THAT THEY COULDN'T COMPETE ON THIS PROJECT BECAUSE OF THAT. THEY CHOSE NOT TO SUBMIT. TO CHANGE THE MATRIX EVALUATION TODAY IS JUST AS UNFAIR TO THEM AS IT IS TO T.R.C. AND OUR TEAM MEMBERS. IT WOULD BE UNFAIR TO ALL RESPONDENTS. T.R.C. AND OUR TEAM MEMBERS RECORDED THE TOP SCORE AFTER EVALUATION, WE EXCEEDED THE MINORITY AND WOMEN OWNED BUSINESS CRITERIA. WE HAVE 42% TOTAL WITH TWO PERCENT BEING -- AWAITING CERTIFICATION. SO 44 TOTAL% OF THE WOMEN ARE MINORITY OWNED BUSINESS PARTICIPATION, WHICH FAR EXCEEDS THE COMPLIANCE GOALS FOR THE PROJECT. IT IS TRUE THAT U.R.S. RECEIVED HIGHER SCORES IN SOME OF THE CATEGORIES THAN WE DID. I DID NOT AGREE WITH THOSE SCORES BUT CHOSE NOT TO COMPETE ABOUT THOSE, BECAUSE I HAD THE EXPECTATION THAT THE MATRIX IS WHAT THE MATRIX IS AND THE SCORES ARE FAIR. SOME OF U.R.S.'S SCORES ARE HIGHER THAN T.R.C.'S. LOOKING AT THOSE SCORES, RADIAN HAS BEEN WORKING AT THIS SITE FOR 10 YEARS, I WOULD HOPE THAT THEY WOULD OUTSCORE US IN SOME CATEGORIES. IF THEY DON'T KNOW THIS CITED, UNABILITIES TO SCORE ON RELATIVE PREVIOUS EXPERIENCE, WHO WOULD? AT THE SAME TIME THEY HAVE BEEN THERE FOR 10 YEARS AND MR. HOLDER SAID PERHAPS IT IS TIME FOR SOME NEW BLOOD. T.R.C. AND OUR TEAM MEMBERS ARE VERY QUALIFIED TO PERFORM THIS WORK. HOWEVER WE KNOW THAT PREVIOUS SITE EXPERIENCE MAY BE WEIGHTED HEAVIER THAN PREVIOUS -- MAY BE WEIGHTED HEAVIER BY ELIMINATING THE PREVIOUS CITY OF AUSTIN WORK SCORE. T.R.C. AND I WOULD GUESS OTHER FIRMS WOULD NOT HAVE SUBMITTED IF THEY KNEW THAT WAS GOING TO BE THE CASE [BUZZER SOUNDING] MY TIME IS APPARENTLY GOING TO BE UP, I THANK YOU FOR YOUR TIME.

Mayor Garcia: THANK YOU VERY MUCH, SIR.

Mayor Garcia: MR. THOMAS PAVLICK, FOLLOWING HIM IS MARTHA FAULKNER.

MAYOR AND COUNCILMEMBERS, MY NAME IS TOM PAVLICK, I'M A PRINCIPAL ENGINEER AT C.F.X. ENGINEERING, AN AUSTIN BASED MINORITY ENGINEERING FIRM. WE HAVE A SIGNIFICANT ROLE ON THIS PROJECT FOR THE T.R.C. TEAM. NOW IT APPEARS TO ME WHAT I'M HEARING TONIGHT IS THE 800-POUND GORILLA COMING AND TRYING TO USE THEIR INFLUENCE TO CIRCUMVENT THE SCORING MATRIX THAT THE REST OF US HAVE TO FOLLOW IN HOPES TO CHANGE THE SCORE IN THEIR FAVOR. JUST RECENTLY LAST MONTH, OUR FIRM WAS THE PRIME FIRM ON A 100 PERCENT MINORITY TEAM AND WE LOST STRUCTURAL ROTATION CONTRACT BECAUSE OF OUR PREVIOUS CITY OF AUSTIN WORK. NOW, IT IS WHAT IT IS. AT THAT TIME I ACCEPTED THE SCORE AND MOVED ON. AND NOW I'M WONDERING SHOULD I PROTEST? SHOULD I PROTEST THE SCORE ISN'T SLIGHTLY IN MY FAVOR? LIKE MR. HOLDER AND MR. ROBBINS SAID, ALL OF OUR FIRMS ARE FAMILIAR WITH THE MATRIX. SOME OF US MAY NOT AGREE WITH CERTAIN ASPECTS OF THAT MATRIX, BUT IT IS WHAT IT IS UNTIL IT'S CHANGED. AND THEY KNEW WHAT THEIR SCORE WAS GOING TO BE ON PREVIOUS CITY OF AUSTIN WORK BEFORE THEY EVEN STARTED PREPARING THEIR PROPOSAL, JUST AS THE T.R.C. TEAM DID. NOW, THEY HAVE BEEN OUT THERE SINCE 1993, THEY HAVE BEEN GIVEN OVER $1.5 MILLION FOR THIS PROJECT. JUST LAST WEEK THE COUNCIL GAVE THEM ANOTHER $135,000 ON THIS PROJECT. NOW THEY ARE COMING AND ASKING YOU FOR $750,000 MORE. AND IT'S -- THE T.R.C. FOLLOWED ALL THE RULES AND SCORED THE HIGHEST ON THE CRITERIA. AND WE BELIEVE IT'S TIME FOR A NEW TEAM, A NEW PERSPECTIVE TO SOLVE THIS PROBLEM FOR THE CITY AS THE MATRIX INTENDED. THE WHOLE PURPOSE OF THE PREVIOUS CITY OF AUSTIN WORK IS NOT TO JUST GIVE THE NEW WORK TO THE INCUMBENT EVERY TIME. IT'S SUPPOSED TO BE ABLE TO BRING NEW IDEAS TO THE BOARD, SPREAD OUT THE WORK, AND GET THE BEST VALUE FOR THE CITY. AND TO SUPPORT THE LOCAL FIRMS. AND WE -- WE FELT THAT WE -- WE HAVE MET OUR -- WE HAVE LIVED UP TO OUR BARGAIN. WE HAVE PREPARED OUR PROPOSAL. WE HAVE SCORED WELL. THEY SCORED BETTER IN CERTAIN AREAS, BUT LIKE MARK AND MR. HOLDER SAID, THEY HAVE BEEN OUT THERE SINCE 1993. OBVIOUSLY THEY ARE GOING TO SCORE HIGHER IN CERTAIN CATEGORIES. THE WAY TO LEVEL THAT PLAYING FIELD IS THE PREVIOUS CITY OF AUSTIN WORK AND OTHER CRITERIAS. LIKE THE WORK PLAN, HOW ARE YOU GOING TO APPROACH IT? WELL, WE SCORED BETTER ON THAT. OVERALL WE SCORED HIGHER. SO I WOULD LIKE TO MAKE A RECOMMENDATION THAT THE COUNCIL CONSIDER A CHANGE AND GO WITH T.R.C.'S TEAM AS THE MATRIX INTENDED. THANK YOU.

Mayor Garcia: THANK YOU, MR. PAVLICK, MARTHA FAULKNER AND FOLLOWING MS. FAULKNER IS MIKEL MEAD.

I'M MATTER THAT FAULKNER, THE OWNER OF CFX, A W.B.E. CIVIL ENGINEERING FIRM HERE IN TOWN, ONE OF THE VERY FEW WOMEN OWNED CIVIL ENGINEERING FIRMS. I JUST WANTED TO SUPPORT THE THINGS THAT HAVE BEEN SAID BEFORE. I WON'T REPEAT IT ALL AGAIN. THEY HAVE SPOKEN VERY WELL ON OUR TEAM'S BEHALF. I WOULD LIKE TO LET YOU KNOW THAT THE TEAM OF MINORITY FIRMS ON THIS PROJECT HAVE ALL WORKED TOGETHER. WE ARE LOCAL. WE HAVE ENJOYED WORKING TOGETHER IN THE PAST AND I THINK WE COULD BE VERY SUCCESSFUL WITH A NEW PERSPECTIVE ON THIS JOB. THE -- ESPECIALLY THE INFORMATION THAT THEY -- THAT'S BEEN GIVEN ABOUT THE MATRIX. I HAVE WORKED WITH SOME OF THE MAYOR'S STAFF AND WITH THE DSMBR IN REVIEWING THE RECOMMENDATIONS FOR CHANGING THE MATRIX, BUT OF COURSE THOSE RECOMMENDATIONS HAVEN'T BEEN BROUGHT FORWARD YET AND HAVEN'T BEEN VOTED ON. AND I WOULD BE VERY SORRY TO SEE THE MATRIX BE -- AS IT CURRENTLY STANDS THAT WE ALL WORK UNDER, TO BE OVERRULED BECAUSE SOMEONE CAME AND COMPLAINED. I THINK THAT SETS A VERY DANGEROUS PRECEDENT. WE REALLY LOOK FORWARD TO THIS PROJECT, WE ARE VERY EXCITED ABOUT WORKING ON IT AND I WOULD HOPE THAT YOU WILL -- THAT YOU ALL WILL GO AHEAD AND SUPPORT THE RECOMMENDATION OF YOUR STAFF. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, MS. FAULKNER. MIKEL MEAD.

MAYOR APPEARED COUNCILMEMBERS, I ACTUALLY THOUGHT THAT I WOULD BE LAST. BUT THAT'S GOOD. I WILL TRY TO BE QUICK. MY NAME IS MIKEL MEAD, I REPRESENT BY T.R.C. AND C.F.X., I WANT TO SAY THAT WE, TOO, AS MR. BROWN INDICATED, WE, TOO, TRUST THE WISDOM AND FAIRNESS OF THIS COUNCIL. WE KNOW THAT THIS MATRIX IS PROBLEMATIC. WE HAVE BEEN THERE WORKING TO TRY TO CHANGE I. IT HASN'T CHANGED YET. AND WE HAVE CONTRACTS THAT ARE LET EVERY WEEK BASED ON THIS MATRIX. EVERYONE RELIES ON IT. WHEN -- WHEN PROPOSALS ARE SUBMITTED AND EVERYBODY KNOWS WHAT THE CRITERIA ARE. AND IT ISN'T FAIR FOR FIRMS TO COME AT THE LAST MOMENT, NOT HAVING OBJECTED TO THAT MATRIX INITIALLY, AND ASK THE COUNCIL TO -- TO MAKE CHANGES TO IT BECAUSE THEY WEREN'T THE HIGH SCORER. WE DO TRUST THE WISDOM AND THE FAIRNESS OF THIS COUNCIL. THIS IS A GOOD TEAM. THE T.R.C. TEAM, TOO, EXCEEDED EVERY GOAL FOR M.B.E./W.B.E., AND WE RESPECTFULLY ASK THE COUNCIL TO SUPPORT AND GO WITH THE STAFF RECOMMENDATION. THANK YOU.

Mayor Garcia: THANK YOU, MS. MEAD. I WILL READ INTO THE RECORD THE CARDS FROM THE PEOPLE THAT DID NOT SPEAK. MICHAEL VAN OHLEN REGISTERED AGAINST. BETTY REGISTERED AGAINST. YOU HAVE --

[INAUDIBLE - NO MIC]

Mayor Garcia: THREE MINUTES.

FIVE MINUTES? I GOT TWO OTHERS TO DONATE THEIR TIME, SIR.

Mayor Garcia: YOU HAVE ACTUALLY NINE MINUTES, BUT IF YOU TAKE THAT MUCH, YOU KNOW, YOU ARE GOING TO BE IN TROUBLE ANYWAY.

I KNOW. IED IN. [ LAUGHTER ]

WELL, MAYOR, COUNCILMEMBERS, CITY MANAGER, IT'S BEEN A LONG TIME SINCE I'VE BEEN IN FRONT OF YOU. AS YOU CAN TELL, I NEVER NEEDED THESE BEFORE, BUT IT WILL MAKE IT GO FASTER, TRUST ME. FOR THE RECORD, MY NAME IS MICHAEL VAN OHLEN, I WEAR SEVERAL HATS HERE IN THE COMMUNITY, AN AN ENTREPRENEUR DOING BUSINESS IN THE CITY FOR 12 YEARS, AN ADVOCATE FOR SMALL BUSINESS, MINORITIES BUSINESS, MEMBERS ON VARIOUS BOARDS AND COMMISSIONS, VARIOUS BODIES, LOCAL, STATE, FEDERAL, I'M HERE TODAY ALSO AS CHAIRMAN OF THE BUSINESS ADVISORY COMMITTEE FOR CONGRESS IN WASHINGTON D.C. I WOULD LIKE TO DISCUSS THE ANTIC KEY, OUTDATED PROCESS CURRENTLY UTILIZED IN THE EVALUATION AND SELECTION OF PROFESSIONAL SERVICES CONTRACTS, SPECIFICALLY THE MATRIX. THIS ITEM, ITEM NO. 49 IS A PERFECT EXAMPLE OF THE NEED TO UPDATE AND EQUALIZE THE PROCESS WHICH UTILIZES THE MATRIX FOR EVALUATION AND SELECTION OF PROFESSIONAL SERVICE CONTRACTS WITHIN THE CITY. I GOT TO -- I DON'T NEED THAT TOO CLOSE. IN LIGHT OF WHAT YOU HAVE GONE THROUGH THIS WEEK IN SELECTION WITH THE C.M.R. AT RISK PROCESS WITH THE CITY HALL PROJECT AND THE EVALUATION PROCESS, THE ISSUES THAT HAD SCORING WEIGHTED AND OTHERS THAT DIDN'T I'M SURE YOU WOULD AGREE THAT IT'S TIME FOR US TO TAKE A DEEP LOOK AT WHAT IS IN THE BEST INTERESTS OF THE CITY OF AUSTIN AND TAXPAYERS. BY THE WAY, I MUST COMMEND [INAUDIBLE] SCONSA TO TAKING A HIGH ROAD, CONGRATULATIONS TO PHILLIPS A REPUTABLE COMPANY AS WELL IN AWARD OF THE CITY HALL PROGRAM. I THOUGHT IT WAS GOING TO BE A LOT EARLIER ... HAVING STATED THAT LET'S LOOK AT THE CURRENTS MATRIX. COUNCILMEMBERS, MAYOR, CITY MANAGER, I SPOKE WITH MEMBERS OF STAFF AND THIS BODY ABOUT THE MATRIX AND WAS REPEATEDLY INFORMED IT'S BASED ON THE DESIGN THE STATE UTILIZES FOR PROFESSIONAL SERVICES. HOWEVER IT'S NOT QUITE DESIGNED AS THE STATE'S IS. FOR EXAMPLE, AN -- IN ITEM 49 BEING THE EXAMPLE, IF YOU LOOK AT THE SCORING MATRIX, U.R.S. RADIAN DID OUTSCORE EVERYBODY ELSE IN EVERY CRITICAL AREA. I EMPHASIZE CRITICAL AREA, EXPERIENCE, STAFF, SUPPORT CAPABILITIES, COMPARABLE PROJECT EXPERIENCE, EXPERIENCE WITH AUSTIN ISSUES, AND I EMPHASIZE EXPERIENCE WITH AUSTIN ISSUES, I WILL COME BACK TO THAT ONE IN A SECOND, EXPERIENCE PROJECT MANAGERS AND PROJECT PRINCIPAL. IT DOESN'T TAKE ROCKET SCIENCE TO SEE THAT THIS INFRINGER EXPERIENCE-WISE IS THE BEST CHOICE. I MUST ADD THIS IS AN ENVIRONMENTAL PROJECT IN EAST AUSTIN AND U.R.S. RADIAN IS A LOCAL COMPANY AS WELL. IT'S A FIRM THAT'S BEEN HERE FOR MORE THAN 20 PLUS YEARS AND HAS EXHIBITED GREATLY TO THE LOCAL ECONOMY AND TAX BASE FOR THAT TIME AS WELL. U.:S. RADIAN WAS DEEMED THE ALTERNATE RECOMMENDATION SIMPLY BECAUSE THE POINTS WERE DEDUCTED DUE TO THE FACT THAT THEY PERFORMED PREVIOUS WORK WITH THE CITY ACCORDING TO THE MATRIX. ON THE MATRIX THERE'S A SECTION THAT SCORES UP TO 10 POINTS FOR PRIME'S EXPERIENCE WITH AUSTIN ISSUES AND WHICH U.R.S. RADIAN SCORED HIGHER THAN ALL OTHER CONTRACTORS AS WELL. HOW DO CONTRACTORS OBTAIN THIS EXPERIENCE? BY WORKING WITH THE CITY AND IN THE CITY. SO THESE EVALUATION ITEMS CONTRADICT EACH OTHER. ALSO IN REFERENCE TO THE CITY MATRIX BEING BASED ON THE STATE, THE STATE DOES NOT ALLOW IT -- TO USE LOCAL PREFERENCE, WHICH MEANS WHETHER YOU HAVE DONE WORK WITH THE STATE OR NOT, FOR OR AGAINST IN THE SCORING OF THE PROCESS. IT'S AGAINST STATE LAW. YOU WILL HEAR VARIOUS PEOPLE STATE THAT THIS ITEM ALLOWS THE CITY TO SPREAD THE WEALTH. HOWEVER I PERSONALLY BELIEVE IT TO BE DISCRIMINATORY AND EXCLUSION MARRY. IF YOU WANT TO SPREAD THE WEALTH, GO AT THE MOST EXPERIENCED FIRM AND LOOK AT THEIR LOCAL PARTICIPATION, THEIR LOCAL SMALL AND MINORITY PARTICIPATION, AND -- AND THE TEAMS THAT THEY HAVE ON AND MAKE THAT A DETERMINATION BASIS NOT WHETHER YOU HAVE BEEN DOING WORK WITH THE CITY OR NOT. AND THAT'S AN EXCLUSIONARY ISSUE, NOT AN -- INCLUSIONARY, NOT EXCLUSIONARY. IF YOU WANT TO CHOOSE UTILIZATION OF LOCAL SMALL BUSINESSES, IF -- THAT STIMULATE OUR LOCAL ECONOMY, NOT ARBITRARILY CONTRADICT ISSUES IN THE MATRIX SUCH AS HAVING POINTS FOR BEING FAMILIAR WITH THE CITY ISSUES, BUT THEN HAVING POINTS TAKEN AWAY BECAUSE YOU LEARN THOSE ISSUES BY DOING WORK WITH THE CITY, THEN I THINK THAT U.R.S. WOULD BE PROBABLY YOUR BEST CHOICE. BY THE WAY, THE ALTERNATE RECOMMENDED FIRM HAS ALMOST DOUBLED THEIR LOCAL SMALL MINORITY PARTICIPATION IN THEIR PROPOSAL. I EMPHASIZE THE AFRICAN AMERICAN PARTICIPATION AND THE ASIAN PARTICIPATION, WHICH RARELY, IF EVER, REACHES ANY PERCENTAGES THAT THE U.R.S. HAS ACHIEVED. ALSO IN ALL DOCUMENTS FOR I.F.B., R.F.P., R.F.Q., NOW THE C.M.R. AT RISK PROCESS, IT STATED THAT THE CITY RESERVES THE RIGHT TO WAIVE ANY INFORMALITIES AND THE -- TO MAKE A DECISION ON WHAT'S THE BEST INTERESTS IN THE CITY. I BELIEVE EXPERIENCE WISE, SAFETY WISE, ECONOMICALLY WISE, PARTICIPATE INVENTORY WISE WOULD IT WOULD BE IN THE BEST OF THE CITY FOR U.R.S. RADIAN. THERE'S A COUPLE OF COMMENTS MADE THAT I WOULD LIKE TO COMMENTS ON. MAYOR YOUR WORDS TO START WITH, SIR, WAS THIS IS -- WE NEED TO MAKE THIS A SAFE PARK AND A CRITICAL PARK. QUOTE, UNQUOTE. I WROTE IT DOWN AS YOU SAID IT. I THINK TIME IS OF THE ESSENCE. AND WE DO HAVE A COMPANY THAT WILL NEED TO RAMP UP. THE PARK IS ALREADY BEING CLEANED UP. THE REMEDIATION IS BEGINNING TO START. AND WE CAN JUST FLOW RIGHT INTO THAT AND KEEP IT GOING. EVEN T.R.C. ADMITTED THIS A LARGE, WELL KNOWN ENVIRONMENTAL COMPANY DID NOT COMPETE ON THIS PROJECT DUE TO THE LOCAL CITY OF AUSTIN CRITERIA -- WORK CRITERIA. THIS ONLY SHOWS THE MATRIX IS OUTDATED AND OBSOLETE AND THEN THEY ALSO HAD ONE STATED THAT WE DO NEED THE BEST VALUE TO THE CITY. I FEEL THE BEST VALUE TO THE CITY, ESPECIALLY I'M ALSO A TAXPAYER IS TO MAKE SURE THAT WE HAVE GOT A COMPANY THAT CAN GET IN THERE WITHOUT HAVING TO RAMP UP, GO THROUGH A LEARNING CURVE AND KEEP ON WALKING KNEW THIS PROCESS, GET IT CLEANED UP, GET EAST AUSTIN BACK TO GET THAT PARK OPENED UP, GET THE LOCAL NEIGHBORHOOD CHILDREN OUT THERE PLAYING. IF YOU HAVE ANY QUESTIONS --

Mayor Garcia: THANK YOU MR. VAN OHLEN. LET ME JUST READ INTO THE RECORD THE OTHER PEOPLE THAT SIGNED UP. BETTY VERA, REGISTERED AGAINST. CRYSTAL VAN OHLEN REGISTERED AGAINST. PAUL McCLEARY REGISTERED NEUTRAL. KRUEGER AND RODRIGUEZ REGISTERED NEUTRAL. MR. REIKE?

MAYOR APPEARED COUNCIL, A REPRESENTATIVE OF U.R.S. INDICATED THAT THE NUMBERS SHOWN FOR THEIR PARTICIPATION WERE INCORRECT. THE NUMBERS SHOWN FOR EACH ETHNICITY AND W.B.E. ARE STATED CORRECT IN DETAIL, BUT ON THE M.B.E. THEY ARE SUMMARIZED INCORRECTLY INSTEAD OF 10%, IT SHOULD HAVE READ 30%. SO WE -- WE MADE A TYPING ERROR IN THAT REGARD. THE PERCENTAGES SHOWN UNDERNEATH ARE CORRECT.

Mayor Garcia: WE ADDED THEM UP AND IT ADDED UP TO 30, PETER.

I APOLOGIZE FOR THE CONFUSION. QUESTIONS FOR THE.

Mayor Garcia: QUESTIONS FOR THE STAFF, COUNCILMEMBERS? OKAY. DISCUSSION ON THE ISSUE? IS THERE A MOTION ON ITEM NO. 49?

WYNN: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN?

WYNN: THESE ARE ALWAYS UNCOMFORTABLE SITUATIONS BECAUSE THE, YOU KNOW, SOME OF THESE FIRMS ARE SO SIMILAR IN THEIR QUALIFICATIONS. A SPEAKER EARLIER MENTIONED SOMETHING TO THE EFFECT THAT WE HAVE THE ABILITY TO OVERRIDE STAFF AND I DON'T LOOK AT IT THAT WAY. I, YOU KNOW, WE -- WE READ THESE QUALIFICATION MATRIX A LOT. WE KNOW THE SITUATION HERE. BASED ON THAT, I WOULD LIKE TO MOVE APPROVAL OF THE SECOND FIRM, WHICH IS U.R.S. CORPORATION.

Mayor Garcia: THE MOTION IS TO GRANT THE CORPORATION TO U.R.S. CORPORATION, IS THERE A SECOND? I WILL SECOND THAT MOTION. DISCUSSION? READY TO VOTE, EVERYBODY? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO?

NO.

MOTION CARRIES ON A VOTE OF 6 TO 1. COUNCIL, THAT'S ALL OF THE ITEMS, COUNCILMEMBER SLUSHER VOTING NAY. THAT'S ALL OF THE ITEMS THAT WE HAVE ON THIS AGENDA. THE TWO EXECUTIVE SESSION ITEMS WILL NOT BE TAKEN UP TODAY. AND -- AND I WISH YOU ALL A VERY HAPPY HOLIDAY SEASON. WE WILL BE BACK HERE TO VISIT WITH YOU ON JANUARY THE 9th, THE YEAR 2003. AND SO THAT'S IT. I WILL ENTERTAIN A MOTION TO ADJOURN.

SO MOVE.

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

AYE.

Mayor Garcia: OPPOSED, NO. MOTION CARRIES. MEETING IS ADJOURNED. 8:30. P1c %@C"c]B@@Ak@I!i+@f/pzdI!ao) 01 Hd c A07g@2@(28#@8#P; C& oIE1R@,%ELpagJ$(iN 1p@7- d.@"ac%@oga@&"m@PB'F aE @ad"d%&,@@1&eL@@sM)BX#,R F[F@9Q&P8 #;T0&WC)nd #PWpW% 1g 7bgM,@ a)>2 $uF4@ OZCha4HIuWK(Q%@!aa"Ff@O$4@Q" 4L$TICE)L@ C 1%281ocp@;L@m,@8@J&#yYd$@4A&&c4@5)@'SJd1"1FArI-LR/E% 9pa 2E IbL!'H@,TZg@ yJLy&i+@Da&LCP H 8 [@(K!vLNXkbhvAa[/a I&#r4@nz]a@) @ -s2@@uC:XhQ7)Q@gV(@Nd:1BA8&@0EJW#@c)h$%Q G)5&K#8CJp@g F:p/Vq TaR48@B-n!q BCPTr@2 #Ed%B12)6IAEo eEBKT I SAY GO STRAIGHT TO THE COMMITTEE.

MR. CHAIRMAN?

THANK YOU, MAYOR GARCIA, THANK YOU COMMENTS AND CITY MANAGER FOR HAVING US HERE TODAY AND GIVING US THE OPPORTUNITY TO UPDATE YOU ON OUR PAST YEAR'S ACTIVITIES AND OUR RECOMMENDATIONS AND GOALS FOR THE COMING YEAR. I WOULD LIKE TO START BY HAVING INTRODUCTIONS TO HAVE THE FOLKS HERE WITH THE COMMITTEE TODAY STARTING OUR STAFF LIAISON YAO I'M DELORES GONZALEZ, THE CITY'S A.D.A. COORDINATOR.

WILL BROWN, ONE OF THE COMMISSIONERS OF THE...

KURT, ASSOCIATE MEMBER.

JOHN MORSE, ASSOCIATE MEMBER.

AS THE COMBINATION FOR MY VISION IMPAIRMENT I'M GOING TO ASK DELORES TO READ THE SLIDES FROM OUR OUR POWERPOINT PRESENTATION AND I'LL EXPAND ON THEM. WE'LL STICK TO TAKING ABOUT TEN MINUTES AND THEN HAVE TIME AT THE END TO TAKE QUESTIONS FROM EACH OF YOU. AT ANY POINT DURING OUR PRESENTATION, IF YOU WOULD LIKE TO INTERGENETIC WITH A QUESTION, WE WOULD LIKE TO TAKE THOSE AS WELL. I WOULD LIKE TO ASK DELORES TO READ THE COMMISSION OF OUR COMMITTEE.

THE COMMITTEE WAS ESTABLISHED BY CITY ORDINANCE 870319-J THAT STATES THAT AMCD'S PURPOSE IS TO CARRY ON A PROGRAM TO ENCOURAGE, ACE SIFT AND ENABLE PERSONS TO PARTICIPATE IN THE SOCIAL AND ECONOMIC LIFE OF THE CITY OF AUSTIN AND TO ACHIEVE MAXIMUM PERSONAL INDEPENDENCE, TO BECOME GAINFULLY EMPLOYEE AND ENJOE FULLY ALL PUBLIC AND PRIVATE FACILITIES AVAILABLE WITHIN THE COMMUNITY.

CURRENTLY WE HAVE A FULL SLATE OF NINE COMMISSIONERS AND IN ADDITION TO THOSE NINE COMMISSIONERS ONE OF THE THINGS THAT GIVES OUR COMMITTEE ITS ENORMOUS STRENGTH IS OUR ACTIVE ASSOCIATE PROGRAM. WE HAVE OVER A DOZEN ACTIVE ASSOCIATE MEMBERS FROM DIFFERENT COMMUNITY ORGANIZATIONS AND THESE ARE INTERESTED VOLUNTEERS THAT GIVE THEIR TIME TO THE COMMITTEE AND EXPAND OUR ABILITY TO HELP SERVE YOU AND THE CITIZENS OF AUSTIN. ONE OF OUR LEAD PURPOSES, OF COURSE, IS TO PROVIDE POLICY RECOMMENDATIONS TO THE MAYOR AND THE CITY COUNCIL, WORK WITH CITY DEPARTMENTS ON A.D.A. ACCOMMODATION RECOMMENDATIONS AND ALSO TO ENSURE THAT OUR CITY IS BEST PRACTICES COMMUNITY FOR A.D.A. IMPLEMENTATION AND ACCESSIBILITY. I WOULD LIKE TO START BY ASKING CURTIS TO -- I'M SORRY, WILL K. BROWN TO GIVE YOU AN UPDATE ON OUR ACCESS SUBCOMMITTEES ACCOMPLISHMENTS FROM THIS PAST FISCAL YEAR. YEAR GOING TO HIT ON SOME OF THE HIGHLIGHTS, MORE COMPLETE LISTING OF THE THINGS WE'VE DONE THIS YEAR IS IN A COPY OF THE BOARD AND COMMISSIONS REPORT WHICH EACH OF YOU SHOULD HAVE.

THANK YOU. MR. MAYOR, ON PAGE 4 OF OUR WORK PLAN WOULD BE A VERY DETAILED STRUCTURE OF THIS PARTICULAR SUBCOMMITTEE AND I BRING YOU THESE THOUGHTS ON BEHALF OF NANCY CARRUTHERS WHO IS THE SECRETARY OF THE COMMITTEE AND THE CHAIRMAN OF THE ACCESS COMMITTEE AND SHE AT THIS TIME IS ON SICK LIVE LEAVE. OUR PRINCIPAL RESPONSIBILITIES FOR THE ACCESS COMMITTEE INCLUDING COORDINATING AND PROVIDING CITIZEN GIN INPUT ON ACCESSIBILITY PROJECTS AND PROMOTING A.D.A. COMPLIANCE AND PROVIDING IMPLEMENTATION AND POLICY RECOMMENDATIONS FOR ACCESSIBILITY AND CITY SERVICES AND FOR THE COUNCIL. DURING THE PAST YEAR HIGHLIGHTS INCLUDED REINSTATEMENT OF THE CITY'S A.D.A. ACCESS AND SIDEWALK TASK FORCE WHICH WILL TELL YOU THAT WE WORK WITH A RIDE RANGE OF GROUPS FROM ADEP, AS AN EXAMPLE, IF YOU LOOKED ON PAGE 2 YOU WOULD SEE ALL OF THE ORGANIZATIONS THAT WE WORK WITH THAT ARE INCLUSIVE AND OUR ADVOCATE GROUPS FOR PERSONS WITH DISABILITIES. SECONDLY SUPPORT IMPLEMENTATION OF ACCESSIBLE VOTES SYSTEMS THIS YEAR WHICH IS VERY SUCCESSFUL. SUPPORT PASSAGE OF THE ORDINANCE FOR THE CITY'S DISABLED PARKING FUND INCREASED TO MATCH THAT OF THE STATE, TRAVIS COUNTY. THAT IS VERY ACTIVE PROGRAM OF VOLUNTEERS THAT ASSIST WITH THAT NEED. THE LADY MET WITH THE CITY'S AVIATION DEPARTMENT REGARDING NEW SECURITY STANDARDS AT THE AUSTIN-BERGSTROM INTERNATIONAL AIRPORT. THESE ISSUES CAME FROM SEPTEMBER 11th. PROVIDING 12 A.D.A. SENSITIVITY TRAINING PROGRAMS FOR CITY STAFF AND INITIATED TRAINING FOR THE AUSTIN POLICE DEPARTMENT ON SENSITIVITY ISSUES FOR WORKING WITH PERSONS WITH DISABILITIES. ASSISTED WITH ACCESSIBLE SIDEWALK DESIGN FOR ACCESSIBLE TO CITY COUNCIL MEETING. BEEN VERY INCLUES TO FOSTER INCLUSION OF PERSONS IN THE COUNCIL MEETINGS. THOSE WOULD BE THE ESSENTIAL NATURE OF ACCOMPLISHMENTS, KEY ACCOMPLISHMENTS IN AS GREAT A DETAIL.

WE'RE VERY PROUD THAT THE CITY PROVIDED THAT ACCESSIBLE SIDEWALK FROM INFIELD TO THE LCRA BUILDING. THAT WAS IMPORTANT SYMBOLIC STEP AND A GREAT WAY OF ENSURING THAT CITIZENS WITH DISABILITIES CAN COME TESTIFY AT COUNCIL MEETINGS, WE WANT TO THANK YOU FOR YOUR SUPPORT ON THAT. NEXT I WOULD LIKE TO INTRODUCE CURTIS VOCAL WHO IS GOING TO TELL YOU ABOUT OUR AWARDS PROGRAM THAT WE HOLD EACH YEAR WITH OUR AWARDS COMMITTEE.

I'M HERE TO MAKE THIS ANNOUNCEMENT, REPRESENTING MR. CHIP HOWELL, A VERY WORTHY COMMISSIONER WITH OUR MAYOR'S COMMITTEE FOR MANY YEARS NOW. FOLLOWING THE SUPPORT OF OUR YEAR LONG, SUPPORT OF HIRING QUALIFIED PERSONS WITH DISABILITY, IN OCTOBER WE CAPPED IT OFF AS WE DO EVERY YEAR WITH AN AWARDS BANQUET HOSTED BY MR. RON LUCIAS, THE CHAIR OF THE COMMITTEE, AS WELL AS THANK YOU, MAYOR GARCIA, AND THANK YOU BETTY DUNKERLY WITH THE AWARDS CEREMONY. IT'S VERY WORTHY EFFORT SUPPORTED BY THE COMMITTEE AND ALSO IN OCTOBER THERE WAS A PRESENTATION OF THE MONTH FOR THE CITY PROCLAMATION OF HIRING EMPLOYMENT AWARENESS. THE DINNER THAT EVENING AND THE PRESENTATION WAS PRECEDED BY THE ACHIEVEMENT MEMORIAL LUNCHEON FOR MR. JUSTIN DART WHO LEFT US OVER THE LAST YEAR AND HE WAS A FATHER OF THE A.D.A. ACT BACK IN 1990'S SO THAT WAS A VERY IMPORTANT DAY FOR EVERYBODY ACTUALLY. AND ONGOING SUPPORT FOR THE MAYOR'S COMMITTEE OF THE HIRING PERSONS AND KEEP IT GOING. THANK YOU.

AS CURTIS SAID EMPLOYMENT OF PERSONS WITH DISABILITIES IN OUR COMMUNITY IS ONE OF OUR COMMITTEE'S MOST IMPORTANT GOALS AND WE HIGHLIGHT THAT WITH THE AWARDS PROGRAM AND THE PROCLAMATION FOR NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, BUT WE ALSO HAVE A VERY ACTIVE OUTREACH EFFORT AND ALSO AN EMPLOYMENT COMMITTEE. I'M GOING TO ASK COMMISSIONER TO GIVE YOU A BRIEF UPDATE OF OUR OUTREACH COMMITTEE.

THE KEY ACCOMPLISHMENTS OF THE COMMUNITY OUTREACH SUBCOMMITTEE INCLUDED HOSTING THE BARBARA JORDAN MEDIA AWARDS THAT RECOGNIZES OUTSTANDING CONTRIBUTIONS BY MEDIA PROFESSIONALS. WE ALSO SPONSORED CITY PROCLAMATIONS FOR A.D.A. ANNIVERSARY IN THE WHITE KINGS SAFETY DAY. ALSO COORDINATED PRESS COVERAGE FOR COMMUNITY CAREER FAIR AND THE MAYOR'S PRESS CONFERENCE. FOR THE EMPLOYMENT SUBCOMMITTEE THE CURRENT RATE OF UNEMPLOYMENT FOR PEOPLE WITH DISABILITIES IS APPROXIMATELY 70% NATIONWIDE. AND THIS IS THE REASON EMPLOYMENT IS THE PRIMARY FOCUS OF THE AUSTIN MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES. THIS PAST YEAR MEMBERS OF THE EMPLOYMENT SUBCOMMITTEE ADDRESSED EMPLOYMENT IN A COUPLE OF WAYS. FIRST WE WORKED WITH THE CITY HUMAN RESOURCES DEPARTMENT TO EXPLORE WAYS OF RECRUITING QUALIFIED APPLICANTS WITH DISABILITIES, INCLUDING MONITORING THROUGH A TRACKING PROCESS. SECOND, WE PARTNERED WITH GOOD WILL AND POOLED RESOURCES FROM SEVERAL AGENCIES OUR MEMBERS WORK FOR TO HOLD A COMMUNITY CAREER EXPO. THIS COLLABORATION RESULTED IN A HUGELY SUCCESSFUL EVENT WITH OVER 1400 JOB SEEKERS IN ATTENDANCE. WE HAD BREAKOUT SESSIONS FOR THE EMPLOYERS ON HIRING PEOPLE WITH DISABILITIES. WE ALSO HAD INTERPRETERS AND ADAPTIVE TECHNOLOGY PROVIDERS PRESENT. MEDIA COVERAGE LEADING UP TO THE EVENT RESULTING IN PUBLIC AWARENESS OF THE EMPLOYMENT OF PERSONS WITH DISABILITIES ON MORE THAN FIVE TELEVISION AND RADIO STATIONS. I MUST SAY THE MAYOR'S INVOLVEMENT WAS PIVOTAL TO THE SUCCESS OF GETTING THE WORD OUT. THANK YOU, MAYOR GARCIA, FOR HELPING US HOLD A PRESS CONFERENCE AS WELL AS FINDING TIME IN YOUR BUSY SCHEDULE TO JOIN US THE DAY OF THE EVENT AND HELP LAUNCH THE CAREER EXPO EXTRAORDINARY OF 2002. WE WILL CONTINUE OUR EFFORTS FOR PARTNERS WITH GOOD WILL. ONE IN MAY AND ONE IN OCTOBER. MAYOR, WE MAY BE ASKING FOR YOUR ASSISTANCE BECAUSE WHEN WE SPEAK, PEOPLE LISTEN. IN THE COMING YEAR ONE OF OUR EMPLOYMENT RECOMMENDATIONS IS TO EXTEND OUR ASSISTANCE TO CITY COUNCIL MEMBER BET TER DUNKERLY. THANK YOU.

OUR LAST SUBCOMMITTEE IS OUR YOUTH COMMITTEE, OUR CURRENT MAYOR AND OUR PAST MAYOR, EACH YEAR WE MEET WITH MAYOR AND COUNCIL WITH THE CITY MANAGER AND ASK FOR GUIDANCE ON AREAS THAT WE NEED TO FOCUS ON AN EACH OF OUR MAYORS IN THE PAST HAVE ASKED US TO FOCUS ON INITIATIVES TO EXPAND OPPORTUNITIES FOR OUR COMMUNITY'S USE WITH DISABILITIES AND WE TAKE THAT CHARGE VERY SERIOUSLY AND WE'VE INVESTED A LOT OF TIME AND ENERGY INTO THOSE EFFORTS. AS YOU HEARD EARLIER, TERRY SAID THE NATIONAL UNEMPLOYMENT RATE OF PERSONS OF WORKING ANAL WITH DISABILITIES IS 70%. WE FEEL THAT ONE OF THE BEST WAYS TO ADDRESS THAT HIGH UNEMPLOYMENT RATE FOR PERSONS WITH DISABILITIES IS BY FOCUSING ON DEVELOPING JOB SKILLS FOR YOUTH WITH DISABILITIES. THIS PAST YEAR THE AUSTIN MAYOR'S COMMITTEE HOSTED A SUMMER YOUTH EMPLOYMENT SUMMIT WHERE WE BROUGHT TOGETHER ALL THE COMMUNITIES'S EXPERTISE ON EMPLOYMENT OF YOUTH WITH DISABILITIES TO SHARE INFORMATION AND RESOURCES AND DEVELOP RECOMMENDATIONS TO THE CITY ON HOW WE CAN EXPAND EMPLOYMENT OPPORTUNITIES FORIOUS WITH DISABILITIES SO THAT LATER WHEN THESE YOUTH BECOME ADULTS THAT WOULD IMPACT POSITIVELY ON THE UNEMPLOYMENT OF PERSONS WITH -- ADULTS WITH DISABILITIES. I WANT TO THANK THE CITY MANAGER AND MAYOR AND COUNCIL FOR YOUR SUPPORT THIS PAST YEAR FOR THOSE RECOMMENDATIONS, WHICH HAVE RESULTED THAT THE CREATION OF A NEW POSITION FOR A SUMMER YOUTH EMPLOYMENT COORDINATOR TO WORK WITH YOUTH WITH DISABILITIES IN THE AUSTIN-TRAVIS COUNTY SUMMER YOUTH EMPLOYMENT PROGRAM. WE KNOW THAT RESOURCES WERE VERY TIGHT THIS PAST YEAR AND THEY WILL CONTINUE TO BE TIGHT AND WE FEEL THIS IS ONE OF THE BEST INVESTMENTS YOU COULD HAVE MADE THIS PAST YEAR TO ADDRESS THE EMPLOYMENT ISSUE WITH PERSONS WITH DISABILITIES. AFTER THAT WAS APPROVE AND ALSO ADAPTIVE TECHNOLOGY WAS FUNDED THROUGH PARKING REVENUE, PARKING FUND REVENUE, WE HELD A SECOND MEETING TO BRING BACK THOSE SAME EXPERTS TO DEVELOP A JOB DESCRIPTION FOR THAT SUMMER YOUTH EMPLOYMENT COORDINATOR POSITION TO MAKE SURE THAT IT MET THE INTENT OF THE MAYOR AND COUNCIL AND THAT THE PERSON THAT THEY WOULD HIRE WOULD BE THE MOST QUALIFIED PERSON TO MEET THOSE EMPLOYMENT NEEDS FOR YOUTH WITH DISABILITIES. ONE OF THE OTHER STRENGTHS OF OUR COMMITTEE IS WORKING IN COLLABORATION WITH OTHER ORGANIZATIONS SERVING PERSONS WITH DISABILITIES HERE IN AUSTIN AND IN OUR BOARD AND COMMISSION REPORT YOU'LL SEE A LIST OF ALL OF OUR PARTNERS, AND OUR -- ANOTHER ONE OF OUR GREAT STRENGTHS IS COMING UP WITH ALTERNATIVE RESOURCE RECOMMENDATIONS TO HELP FIND WAYS OF SOLVING RESOURCE NEEDS IN OUR COMMUNITY THAT DON'T ALWAYS ACCESS PUBLIC DOLLARS. WE KNOW THAT PUBLIC DOLLARS ARE VERY TIGHT AND IF WE CAN COME UP WITH RECOMMENDATIONS TO FUND THOSE PROBLEMS IN ANOTHER WAY, THEN WE TRY TO LOOK FOR THE CREATIVE SOLUTION. OUR PARTNERS ON THE COMMUNITY ACTION NETWORK, THE MRBD PLANNING PARTNERSHIP IDENTIFIED ONE KEY AREA FOR FAMILIES THAT HAVE YOUTHS WITH DISABILITIES AS BEING A NEED FOR MORE RESPIT SERVICES. RESPIT SERVICES ARE THOSE SERVICES THAT ALLOW FAMILIES THAT HAVE CHILDREN WITH INVOLVED MEDICAL NEEDS OR SEVERE DISABILITIES TO JUST GET A BREAK AND BE ABLE TO GO OUT IN THE COMMUNITY AND MAYBE GET A CUP OF COFFEE OR DO TO A MOVIE WITH THEIR HUSBAND AND WIFE. YOU MAY NOT KNOW THE DIVORCE RATE FOR FAMILIES THAT HAVE A CHILD WITH A DISABILITY IS 80%. THE MAYOR'S COMMITTEE HOSTED A RESPIT MEETING AS PART OF OUR YOUTH SUBCOMMITTEE WHERE WE BROUGHT AN EXPERT ON A INNOVATIVE RESPIT PROGRAM FROM PLANO, TEXAS, DOWN HERE TO AUSTIN TO SHARE INFORMATION ON THEIR FRIDAY NIGHT FRIENDS PROGRAM WHICH IS A PROGRAM IS A FAITH BASED INITIATIVE WHICH ALLOWS FAMILIES TO DROP IN NOT ONLY THEIR CHILD WITH DISABILITY BUT THEIR NONDISABLED CYBILINGS TO THAT PROGRAM AND GET A BIT OF A BREAK A COUPLE OF TIMES A MONTH. THE CHAIR OF OUR SUBCOMMITTEE, SARAH BONDS WHO IS AN "AUSTIN AMERICAN STATESMAN" RELANCE REPORTER AND ALSO A MOTHER OF A CHILD WITH A DISABILITY IS WORKING WITH OUR PARTNERS AND WITH THE LOCAL CHURCH TO BUILD A SIMILAR PROGRAM IN OUR COMMUNITY THAT SHOULDN'T REQUIRE MANY, IF ANY, PUBLIC DOLLARS BUT WILL ALSO HELP ADDRESS THAT VERY GREAT NEED FOR THAT SERVICE. THAT BRINGS US TO THE END OF WHAT WE'VE DONE THIS PAST YEAR. NOW WHAT I WOULD LIKE TO DO IS I SHARE WITH YOU A FEW OF OUR GOAL, THE ONES THAT WE THINK ARE THE MOST IMPORTANT AND THEN A FEW POLICY RECOMMENDATIONS THAT WE HAVE THAT MAY REQUIRE ACTION BY THE COUNCIL OR YOUR ATTENTION. GOING TO ASK DLORZ DELORES TO READ EACH ONE OF THE GOALS AND THEN GIVE YOU MORE INFORMATION ABOUT IT.

PROVIDE SENSITIVITY TRAINING TO AUSTIN POLICE DEPARTMENT.

THIS IS AN ISSUE THAT HAS COME UP IN THE PAST YEAR AND IT'S BEEN IDENTIFIED AS A GREAT NEED, AND SO DELORES AND SOME OF OUR COMMISSIONERS ARE GOING TO BE FOCUSING TIME ONE PER WEEK TO PROVIDE TRAINING TO AUSTIN POLICE OFFICERS PROMPTLY AT 7 A.M. IN THE MORNING. SO IT'S GOING TO BE GOING ON FOR 6 MONTHS; CORRECT?

SIX MONTHS. OKAY. WORK WITH THE OFFICER OR POLICE MONITOR TO PRODUCE POLICE DEPARTMENT TRAINING VIDEOS FOR ONGOING DISABILITY SENSITIVITY AND AWARENESS TRAINING.

THAT ALLOWS TO HELP WITH THOSE SAME EFFORT.

YES. PARTICIPATE WITH THE POLICE DEPARTMENT AND TRAINING OF NEW DISABLED PARKING AND PROGRAM VOLUNTEER.

YE. WE THINK THIS IS IMPORTANT BECAUSE THE FINES HAVE RECENTLY BEEN TRAINED. WE NEED TO TRAIN THOSE VOLUNTEERS AND ALSO GEAR UP TO HAVE MORE VOLUNTEERS FOR THAT VOLUNTARY ENFORCEMENT PROGRAM, SO SOMETHING THAT WE'RE COMMITTED TO ON AN ONGOING BASIS.

EXPLORE AUSTIN'S DISASTER MANAGEMENT HOMELAND SECURITY PLANNING FOR IMPACT ON CITIZENS WITH DISABILITIES.

THIS IS SOMETHING THAT COMMISSIONER BROWN IS GOING TO BE HELPING US WITH. HE'S ONE OF OUR VOLUNTEER HOMELAND DEFENSE DEPUTIES AND WE'RE GOING TO BE LOOKING AT -- TO ENSURE THAT OUR EMERGENCY PREPAREDNESS FOR THIS COMMUNITY FULLY TAKES INTO ACCOUNT ALL OF OUR CITIZENS INCLUDING CITIZENS WITH DISABILITY, TO THIS COMING SPRING WE'RE GOING TO BE HAVING MEETINGS WITH CITY STAFF TO REVIEW WHAT'S GOING TO BE HAPPENING. I UNDERSTAND WE'RE GOING TO BE BUILDING A NEW FACILITY FOR EMERGENCY RESPONSE AND WANT TO MAKE SURE THAT WE MEET THE TELE-COMMUNICATION NEEDS OF PERSONS WHO ARE DEAF, THE EVACUATION NEEDS OF PERSONS WITH MOBILITY IMPAIRMENTS AND COMMUNICATION NEEDS OF PERSONS WHO ARE BLIND, SO WE DON'T HAVE ANY SPECIFIC RECOMMENDATIONS AT THIS TIME OTHER THAN WE'RE GOING TO BE REVIEWING THAT.

WORK TO INCREASE VOTER PARTICIPATION BY CITIZENS WITH DISABILITIES.

WE'RE VERY PROUD OF AUSTIN-TRAVIS COUNTY'S NEW VOTING SYSTEM AND OUR COMMITTEE WORKED WITH THE TRAVIS COUNTY CLERK ON THE SELECTION OF THAT NEW SYSTEM. NOW WE WANT TO FOCUS OUR EFFORTS FOR THE COMING YEAR ON TURNING OUT VOTERS WITH DISABILITIES AND EDUCATE THEM ON USING THE NEW FULLY ACCESSIBLE SYSTEM.

POST THE 2003 MAYOR'S COMMITTEE EMPLOYMENT AWARDS PROGRAM.

AWARDS PROGRAM THAT CURTIS TALKED ABOUT EARLIER IS ONE OF THE HIGHLIGHTS OF OUR YEAR AND WE THINK WE GET A GOOD RESPONSE FROM THE COMMUNITY AND IT'S A GOOD WAY TO TEN TO PROMOTE EMPLOYMENT OF PERSONS WITH DISABILITIES.

HOST TWO JOB FAIRS WITH GOOD WILL INDUSTRIES.

AS COMMISSIONER MENTIONED EARLIER, WE HAD OVER 1,400 JOB SEEKERS... WE HOPE TO BUILD ON THAT SUCCESS AND HAVE MORE SUCCESSFUL JOB FAIRS THIS SUMMER. THE MAYOR'S COMMITTEE HAS LOTS OF ARTS PARTNERS HERE IN THE COMMUNITY AND WE'VE BEEN FOCUSED ON INCLUSION IN THE ARTS FOR CITIZENS WITH DISABILITIES AND ONE OTHER AREA THAT HAS BEEN IDENTIFIED TO US BY VSA, ONE OF OUR LOCAL PARTNERS IS EMPLOYMENT OPPORTUNITIES IN THE ARTS FOR PERSONS WITH DISABILITIES TO BY HELPING TO HOST THIS STAYEDWIDE SEMINAR WILL BRING A LOT OF POSITIVE ATTENTION TO AUSTIN AND ALSO MAYBE CREATE SOME OPPORTUNITIES FOR SOME OF OUR MORE ARTISTICALLY INCLINED CITIZENS HERE IN HOUSTON.

DEVELOP COMMUNITY RESPIT PROGRAM WITH AUSTIN'S FAITH BASED COMMUNITY AND OTHER PARTNERS.

THIS IS SOMETHING I DISCUSSED WITH YOU EARLIER DURING OUR YOUTH COMMITTEE PRESENTATION AND THIS WORK IS ONGOING. WE HOPE TO MAYBE HAVE SOMETHING UP AND RUNNING BY THIS FALL BUT WE'RE GOING TO HAVE ANOTHER MEETING THIS FRIDAY TO DISCUSS THAT. OKAY. NEXT I WOULD LIKE TO TALK TO YOU ABOUT OUR POLICY RECOMMENDATIONS FOR THE COMING YEAR AND THEN I WILL BE ASKING JOHN TO TALK TO YOU ABOUT A COUPLE OF THE HOUSING ONES.

OR TWO.

WOULD YOU JUST LIKE THE READ THE ONES ON THE SCREEN? MAYOR'S COMMITTEE RECOMMENDS PASSAGE OF CITY COUNCIL RESOLUTION IN THE SPIRIT OF RECENTLY EXPIRED VOLUNTEERS AND CLIENTS AGREEMENT FOR CONTINUED COMMITMENT FOR ACCESSIBLE AFFORDABLE CITY-FUNDED HOUSING.

JOHN IS ONE OF OUR NEWEST ASSOCIATE MEMBERS FROM HOME OF YOUR OWN COALITION, WANT TO READ THE SECOND ONE AND THEN JOHN CAN DISCUSS BOTH OF THEM.

MAYOR'S COMMITTEE RECOMMENDS THE CITY OF AUSTIN ADOPT SAME FUNDING ASSISTANCE LEVEL OF $15,000 FOR NEW AND USED HOMES FOR QUALIFIED FIRST TIME HOME BUYERS WITH DISABILITIES B, SERVE BID NEIGHBORHOOD HOUSING AN COMMUNITY DEVELOPMENT PARTNER.

JOHN.

WE PROVIDE DOWN PAYMENT ASSISTANCE FOR PEOPLE WITH DISABILITIES PURCHASING HOMES. OUR POTENTIALLY BUYERS THAT COME TO OUR PROGRAM ALSO USE YOUR FIRST TIME HOME BUYERS PROGRAM WHICH GIVES YOU 15,000 FOR NEW HOMES AND 10,000 FOR EXISTING HOMES, AND WE'VE COME TO FIND THAT A LOT OF PEOPLE WITH DISABILITIES LIKE TO STAY IN THEIR COMMUNITY IN AUSTIN WHICH IS NOT A LOT OF NEW DEVELOPMENT FOR NEW HOMES EXCEPT IN THE SURROUNDING COUNTIES AND FOR THIS THEY USE BETH OUR PROGRAMS AND THE EXTRA 5,000 WOULD BE VERY HELPFUL FOR THEM TO QUALIFY FOR THE FACT THAT MOST OF THEM ARE ON FIXED INCOMES AND WOULD LIKE TO STAY IN THEIR COMMUNITY WHERE THEY ALREADY HAVE HELP AND FRIENDS SURROUNDING THEM INSTEAD OF MOVING, AND THIS WOULD JUST BE A GREAT PROGRAM. OUR PROGRAM HAS 42 HOME BUYERS SO FAR IN THE AUSTIN AND SURROUNDING COUNTY AREAS FOR OUR PROGRAM, AND 100 OVER -- WE JUST PASSED OVER A HUNDRED ON THE A.D.A. ANNIVERSARY WHICH THE MAYOR'S COMMITTEE WAS A PART OF FOR THE CELEBRATION.

I THOUGHT WE DID THIS ALREADY. YOU CAN SPEAK [INAUDIBLE] THAT'S ONE RECOMMENDATION I WOULD LIKE YOU TO ADDRESS.

MAY BE THAT THAT HAPPENED BEFORE THE I THINK INK TRIED ON OUR REPORT. BUT IF THAT HAPPENED, THAT'S WONDERFUL.

MAYOR'S COMMITTEE RECOMMENDS INCLUSION FOR PROVISION OF EMPLOYMENT WITH WITH PERSONS WITH DISABILITIES AND MTPD OFFERS ASSISTANCE AND EXPERTISE TOWARDS THESE EFFORTS.

AS THE COMMISSIONER MENTIONED EARLIER, EMPLOYMENT OF PERSONS WITH DISABILITIES IS A PRIMARY FOCUS OF THIS COMMITTEE. WE APPRECIATE BETTY DUNKERLY'S WORK ON DEVELOPING A NEW ECONOMIC DEVELOPMENT PLAN FOR OUR COMMUNITY AND WANT TO OFFER OUR ASSISTANCE TO THE CITY MANAGER... MIGHT BE OPEN TO -- THAT INCLUDE INCENTIVES OR PROVISIONS FOR HIRING QUALIFIED PERSONS WITH DISABILITIES IN THOSE ECONOMIC DEVELOPMENT AREAS.

Garcia:> THANK YOU FOR THE RECOMMENDATION. LAST NIGHT WE HAD THE ORGANIZATIONAL MEETING FOR THE THREE DIFFERENT COMMITTEES THAT WE'RE SETTING UP. WE INTENTIONALLY DIDN'T ADD A FOURTH COMMITTEE FOR EQUITY BECAUSE WE FELT LIKE THE EQUITY ISSUE WAS SO FUNDAMENTAL TO ALL OF THE GROUPS OPERATIONS WE LAST NIGHT CHALLENGED EACH GROUP IN THEIR DELIBERATIONS TO CONSIDER THOSE FOLKS WHO ARE NOT PARTICIPATING TO THE FULLEST EXTENT IN OUR ECONOMIC LIFE IN THIS CITY. AND WE WENT THROUGH SEVERAL THING, WHETHER THEY'RE TEMPORARILY UNEMPLOYED, THEY HAVE PHYSICAL DISABILITIES OF SOME KIND, WHATEVER BARRIER THEY HAVE. WHAT I WILL DO TODAY IF I CAN GET ANOTHER TWO COPIES OF YOUR WORK PLAN, I WOULD LIKE TO GIVE THAT TO EACH OF THE COMMITTEE CHAIRS FOR THEIR -- THEM TO PASS OUT TO THE COMMITTEE AND WILL CERTAINLY MAKE AVAILABLE TO EACH OF THE COMMITTEES INPUT DIRECTLY FROM YOU FROM YOUR REPORT, BECAUSE WE WANTED TO MAKE SURE THAT OUR EFFORTS REACHED THE BROADEST EXTENT WE COULD. SO THANK YOU FOR THAT -- FOR CALLING THIS TO OUR ATTENTION.

WE APPRECIATE THAT.

THANKS.

THE MAYOR'S COMMITTEE RECOMMENDS THE CITY WORK WITH CITIZENS WITH DISABILITIES TO PROPOSE A MORE EFFECTIVE PROCESS FOR RECEIVING APPROVAL FROM THE TEXAS DEPARTMENT OF LICENSING AND REGULATION FOR COMPLEX SIDEWALK AND RAMP PROJECTS BUILT WITHIN THE RIGHT OF WAY IN CITIES CHALLENGING TERRAIN AND TOPOGRAPHY.

IF I CAN KIND OF ZIP THIS DOWN A LITTLE BIT. THE TEXAS DEPARTMENT OF LICENSING AND REGULATION HAS TEXAS ACCESSIBILITY STANDARDS WHICH ARE RIGOROUS WHICH IS GOOD IN MOST INSTANCES, BUT IN SOME OF THE MORE CHALLENGING TERRAIN IN OUR COMMUNITY LIKE BUILDING A SIDEWALK OR RAMP ON THE SIDE OF A HL IN SOME OF THE DOWNTOWN AREAS WHERE THE INCLINE IS VERY STEEP, WE'RE TRYING TO FIND A WAY TO GROUP THOSE PROJECTS AND PRESENT THOSE TO TDLR IN A WAY THAT WOULD GRANT THEM AN EXCEPTION THAT WOULD STILL CREATE AN ACCESSIBLE DESIGN BUT MAY NOT, YOU KNOW, HAVE THE 12-TO-1 RISE TO RUN, BUT MAYBE A 12-TO-2 RISE TO RUN, SO WE'RE TRYING TO WORK WITH CITY STAFF AND CITIZEN'S ORGANIZATIONS TO FIND A WAY THAT MEETS THE EXTENT OF THE STATE LAW BUT ALLOWS TO BUILD MORE ACCESS IN AN EFFICIENT WAY. WE HAVE THIS RECOMMENDATION IN HERE MOSTLY TO LET YOU KNOW IT'S A CONCERN AND WE'LL BE WORKING ON IT IN THE COMING YEAR AND IF WE HAVE A MORE SPECIFIC PROPOSAL THAT REQUIRES YOUR ACTION, EITHER THAN JUST A RESOLUTION OR SUPPORT, WE WILL BRING THAT TO YOU.

I CAN SPEAK A LITTLE BIT TO THAT. JUST WE HAD A MEETING YESTERDAY WHERE TDLR STAFF AND CITY STAFF AND MEMBERS OF THE DISABILITY COMMUNITY, THE TASK FORCE AND A LARGE GROUP OF ADAP MEMBERS AND WE KIND OF HASHED OVER SOME OF THE PROBLEMS AND I THINK THAT WE HAVE SOME SENSE OF AGREEMENT, SOME SENSE OF COLLABORATION THAT IS GOING TO HELP US WITH OUR PROJECTS FOR THE FUTURE SO HOPEFULLY THIS MAY BE A NONISSUE.

IS THAT THE LAST ONE?

MAYOR'S COMMITTEE OFFERS ASSISTANCE AS A RESOURCE FOR THE CITY'S LEGISLATIVE PLAN DURING THE '78th TEXAS LEGISLATIVE SESSION. WE'RE PREPARED TO OFFER WITNESS TESTIMONY AND LEGISLATIVE ANALYSIS ON ANY PROPOSED BILL DIRECTLY IMPACTING AUSTIN CITIZEN WITH DISABILITY.

IN THE PAST LEGISLATIVE SESSION THERE WERE A COUPLE OF BILLS THAT IMPACTED ON PERSONS WITH DISABILITIES IN OUR COMMUNITY. THERE WAS A BILL IMPACTING TRANSPORTATION AND THE APPOINTMENT OF SOMEBODY TO REPRESENT CITIZENS WITH DISABILITIES ON KALTAL METRO AND A COUPLE OF OTHER ISSUES. SOME OF THE BILLS DIDN'T PASS. SOME OF THEM DID. WHAT WE WANT TO OFFER TO YOU IN YOUR LEGISLATIVE PLAN FOR THE 78th LEGISLATURE, WE HAVE A LOT OF EXPERIENCE ON COMMISSIONERS WITH PAST EXPERIENCE AND TESTIFYING TO THE STATE LEGISLATURE AND TO VARIOUS HOUSE AND SENATE COMMITTEES. IF YOU COME ACROSS A BILL THAT IMPACTS THE CITY AND YOU WANT THE INPUT OF OUR COMMITTEE OR YOU WANT US TO REPRESENT THE CITY IN PROVIDING TESTIMONY, WE WANT TO OFFER THAT -- OFFER OURSELVES AS A RESOURCE FOR THAT.

Garcia: ALSO, ON THE OTHER SIDE, IF YOU'RE WATCHING LEGISLATIVE PROCESS AND YOU NEED FOR COUNCILMEMBERS TO ATTEND SOME OF THE MEETINGS AND TESTIFY, LET US KNOW.

WE'LL KEEP IN COMMUNICATION THROUGHOUT THE SESSION.

Garcia: SURE.

FINALLY I WOULD LIKE TO END BY THANKING EACH OF YOU FOR YOUR CONTINUED SUPPORT OF NOT ONLY THE AUSTIN MAYOR'S COMMITTEE BUT ALSO CITIZENS WITH DISABILITIES IN GENERAL. I'M VERY PROUD OF THIS COMMUNITY AND WILL COMPARE OUR COMMUNITY TO HOUSTON OR ANY OTHER CITY IN THE STATE IN TERMS OF WHAT WE'VE DONE FOR CITIZENS WITH DISABILITIES IN TERMS OF ACCESSIBILITY. PROUD OF OUR ACCOMPLISHMENTS BUT THERE'S STILL A LOT OF WORK TO BE DONE AND WE DON'T WANT TO JUST REST ON OUR ACCOMPLISHMENTS BUT WANT TO CONTINUE TO WORK TO MAKE AUSTIN A BEST PRACTICES CITY IN THE NATION FOR A.D.A. ACCOMMODATIONS AND FOR ACCESSIBILITY FOR ALL OF OUR CITIZEN, BUT WE ARE VERY GRATEFUL FOR YOUR SUPPORT AND FOR THE COMMUNICATION THAT YOU GIVE TO US. IN THE PAST WHEN WE'VE HAD ANNUAL MEETINGS WITH YOU WE'VE ASKED YOU TO GIVE US THE CHARGE FOR THE COMING YEAR. WE'VE LAID OUT PROPOSED GOALS TO YOU AND SOME POLICY RECOMMENDATIONS BUT WE NOW WANT TO TAKE INPUT FROM YOU ON WHAT YOU WOULD LIKE TO SEE US DO MORE OF OR DO DIFFERENTLY IN THE COMING YEAR.

THANK YOU, MR. CHAIRMAN. WHY DON'T YOU JOIN US OVER HERE, COUNCILMEMBER SLUSHER IS ATTENDING A MEET OF THE CAPCO.

YOU'RE IN HIGH COTTON NOW.

Garcia: LET ME ALSO TELL THE CITY MANAGER ON THE FIRST RECOMMENDATION, WE NEED TO GET A RESOLUTION BROUGHT UP SO THAT THE COUNCIL CAN CONSIDER THAT ONE. IF YOU NEED TO HAVE IT COMING FROM COUNCIL, LET US KNOW. AND ON THE SECOND ONE, MR. HILGERS, ON THE NONPAYMENT ASSISTANCE...

YES, SIR, ACTUALLY, IF I COULD SPEAK TO BOTH POLICY RECOMMENDATION NUMBER ONE AND TWO REAL QUICKLY. WE HAVE INCLUDED IN OUR BUSINESS PLAN A CONTINUATION OF THE VOLUNTARY COMPLIANCE AGREEMENT ISSUES, A CONTINUATION OF THE CONTRACT TO EVALUATE MULTIFAMILY PROJECTS, SO THAT -- THAT IS INCLUDED IN THE BUSINESSMAN PLAN OF THE NEIGHBORHOOD PLANNING. I THINK THAT IS SOMETHING THAT WE'VE DONE SINCE WE'VE SUCCESSFULLY COMPLETED THE VOLUNTARY REQUIREMENT AGREEMENTS. THE SECOND ONE IS, JOHN IS CORRECT, IN THAT THE WAY THE POLICY READS RIGHT NOW IT'S $15,000 FOR NEW CONSTRUCTION AND 10,000 FOR EXISTING. I THINK THAT WE -- THE GUIDELINES COULD ALLOW US TO WORK WITH HOYO TO -- OUR GUIDELINES ARE FLEXIBLE ENOUGH SO THAT WE COULD EXTEND THAT TO $15,000. I WILL EXPLORE THAT TO SEE WHETHER OR NOT THAT WILL REQUIRE COUNCIL ACTION, BUT MY BELIEF AT THIS POINT IS WE DON'T NECESSARILY NEED TO BRING THAT BACK TO COUNCIL BUT IT'S SOMETHING THAT WE COULD WORK WITH HOYO TO DO. OUR DOWNTOWN PAYMENT ASSISTANCE PROGRAM IS BASED UPON NEED AND INCOME OF THE CLIENT AND SO THERE ARE PROVISIONS THAT ALLOW US TO BE AL MORE FLEXIBLE AND PERHAPS WE HAVE BEEN WITH YOU IN THE PAST AND WE'LL BE GLAD TO WORK WITH YOU TO GET THAT ACCOMPLISHED AND IF WE NEED TO BRING IT BACK TO COUNCIL, WE CAN DO THAT AS WELL.

LET ME SAY THIS COMES AT A VERY GOOD TIME BECAUSE THERE'S FEW GOOD NEWS IN THE RECESSIONS, BUT ONE OF THE GOOD NEWS IN RECESSION IS LOW INTEREST RATES FOR HOME BUYING AND THIS IS A GOOD TIME FOR PEOPLE TO BE GETTING READY TO BUY HOMES SO LET ME ALSO SAY THAT COUNCILMEMBER DUNKERLY AND I WERE THERE FOR THE AWARDS BANQUET AND THAT WAS A MOST ENLIGHTENING FUNCTION FOR ME BECAUSE I SAW SOME PEOPLE THAT ORDINARILY YOU WOULD SAY THEY DON'T HAVE A JOB, THEY NOT ONLY HAVE A JOB, REALLY APPRECIATED BY THEIR FELLOW WORKERS AND I THINK THERE WAS A LADY THERE FROM LUBY'S WHO GOT A STANDING OVATION FROM HER WORK MATES. WE NEED TO CONTINUE. A HIGH 70% UNEMPLOYMENT RATE IS TOTALLY UNACCEPTABLE. IF WE'RE GOING TO GET PEOPLE TO BUY THEIR HOMES, THEY NEED TO HAVE JOBS FIRST. I APPRECIATE ALL THE INITIATIVE, ALL THE EFFORTS THAT YOU PUT FORTH ON BEHALF OF THIS COMMISSION. QUESTIONS? COMMENTS?

THANK YOU FOR YOUR REPORT, BUT IF YOU DON'T MIND, YOUR GOALS OF PROVIDING SENSITIVITY TRAINING WITH APD, HOW ARE YOU GOING TO GET -- 7 A.M., IS THAT DEALING WITH THE NONSWORN AND THE SWORN.

IT'S SWORN.

OKAY. IT WILL BE ABOUT 1300 OFFICERS BY JUNE.

OKAY.

IT WILL BE LIKE 40 OR 50 PEOPLE AT 7:00 IN THE MORNING FOR TWO AND A HALF HOURS.

OKAY. PARTICIPATING IN THE DISABILITY PARKING ENFORCEMENT PROGRAM? DID THE CHIEF APPOINT SOME NEW VOLUNTEERS? ARE THEY GOING TO FALL UNDER THIS PROGRAM ALSO? THANK YOU. THANK YOU VERY MUCH.

WELCOME.

OTHER QUESTIONS, COMMENTS? THANK YOU VERY MUCH. MR. CHAIRMAN. MEMBERS OF THE COMMITTEE, GOOD TO HAVE YOU HERE, LOOK FORWARD TO WORKING WITH YOU.

THANK YOU.

THANK YOU VERY MUCH.

Garcia: NEXT ITEM ON THE AGENDA IS DISCUSSION ON AUSTIN-BERGSTROM INTERNATIONAL AIRPORT MASTER PLAN AND MR. JIM SMITH AND MR. CHARLES GATES AND I DON'T KNOW WHO ELSE IS HERE THAT...

AND A LARGER CAST.

AND A CAST OF HUNDREDS.

A CAST OF HUNDREDS. (ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...)

... CUSTOMER SERVICE. THE SECOND ONE IS TO MAKE SURE THAT WE'RE BUILDING A WORKPLACE THAT ALLOWS ON EMPLOYEES TO PROVIDE GRET GREAT SERVICE T THIRD GOAL IS TO IMPROVE THE QUALITY OF OUR SERVICES AND THE FOURTH ONE IS TO BUILD THE FACILITIES AND SERVICES NECESSARY FOR THE EXPANDING NEEDS OF OUR COMMUNITY. THAT'S WHAT WE'RE HERE TO TALK ABOUT TODAY. WE HAVE AN OUTSTANDING AIRPORT TODAY AND THAT'S BEEN RECOGNIZED ON A NATIONAL BASIS. WE'RE PROVIDING QUALITY CUSTOMER SERVICE. BUT WHAT WE ALSO HAVE TO DO IS PREPARE FOR THE FUTURE AND OUR AIRPORT IS PART OF THE NATIONAL AND INTERNATIONAL INFRASTRUCTURE THAT REQUIRES THAT WE PAY ATTENTION TO ARE WE BUILDING FACILITIES NECESSARY SO THAT THIS COMMUNITY CAN ENJOY GOOD, QUALITY AIR SERVICE IN THE FUTURE? AND TO DO THAT, ONE OF THE THINGS IS FAA ON A NATIONAL BASIS REQUIRES ALL AIRPORTS TO PERIODICALLY UPDATE THEIR MASTER PLAN TO MAKE SURE THAT EACH COMMUNITY IS BUILDING THE FACILITIES NECESSARY SO THAT NATIONAL ECONOMY CAN WORK THROUGH AIR SERVICE. AND THE LAST TIME WE'VE UPDATED OUR MASTER PLAN WAS IN 1993 IN PREPARATION FOR BUILDING A NEW AIRPORT WHICH IS APPROXIMATELY TEN YEARS AGO. AND THE FAA REQUIRES THAT YOU UPDATE THE MASTER PLAN APPROXIMATELY EVERY TEN YEARS. TO DO THAT WE'VE ENGAGED A CONSULTANT TEAM THAT WE'VE BEEN WORKING WITH FOR THE LAST TWO YEARS,PND AVIATION AND TODAY THEY'RE GOING TO GIVE YOU A BRIEF OVERVIEW OF WHAT THE MASTER PLAN SAYS. I WILL CONCLUDE WITH A FEW COMMENTS AND BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. I THINK DOUG, YOU START OFF.

GOOD MORNING. I'M A SENIOR PROJECT MANAGER WITH PND AVIATION. I WAS THE PROJECT MANAGER FOR THE MASTER PLAN INTERRUPT DATE. WITH ME TODAY ON MY RIGHT. TERESE BEAR FROM BEAR ENGINEERING AND ENVIRONMENTAL CONSULTING. LOU GARBER WHO HANDLED THE GROUND ACCESS AND PARKING PLANNING AND TO HIS LEFT, BEN LOU, OUR TERMAL ARCHITECT RESPONSIBLE FOR THE TERM NATURAL PLANNING. THE SUMMARY REPORT THAT YOU'VE RECEIVED REPRESENTS OUR BEST EFFORTS TO DISTILL THE TWO YEAR PLANNING PROCESS DOWN TO A PRECISE SUMMARY AND OUR PRESENTATION TODAY WILL HIGHLIGHT THE KEY ANALYSIS AND FINDINGS. BEFORE THE FIRST SLIDE, THE PURPOSE OF THE MASTER PLAN INTERRUPT DATE WAS TO PROVIDE A GUIDELINE FOR FUTURE AIRPORT DEVELOPMENT THROUGH THE YEAR 2020. AS JIM MENTIONED, A MASTER PLAN INTERRUPT DATE WAS NEEDED BECAUSE PREVIOUS ELEMENTS OF THE LAST MASTER PLAN COMPLETED IN 1993 HAD LARGELY BEEN IMPLEMENTED. ACTUAL TRAFFIC HAD EXCEEDED PREVIOUS TRAFFIC FORECASTS AND THE AIRPORT WAS GENERATING NEW PASSENGER CARGO AND OTHER DEVELOPMENT INTERESTS. IN TERMS OF THE PLANNING APPROACH IS SHOWN ON THE SLIDE, THE PLANNING FOLLOWED SEVERAL BASIC STEPS STARTING WITH DEFINING EXISTING CONDITION, PROJECTING TRAFFIC THROUGH THE YEAR 2020 AND TRANSLATING THOSE -- THAT TRAFFIC INTO REQUIRED FACILITIES, EVALUATING AND IDENTIFYING ALTERNATIVE CONCEPTS AND EVENTUALLY SELECTING A RECOMMENDED CONCEPT, A SET OF GOALS AND OBJECTIVES WERE ALSO ESTABLISHED BY THE DEPARTMENT OF AVIATION TO GUIDE THE PLANNING PROCESS AS SHOWN ON THE SLIDE. THE FIRST STEP IN THE PLANNING PROCESS WAS TO DEFINE THE EXISTING CONDITIONS AND TO PROVIDE A SIMPLE DESCRIPTION. THE AIRPORT CONSISTS OF TWO WIDELY SPACED RUN WAYS AND SUPPORTING TAXI WAYS, A PASSENGER TERMINAL, TOTALLING APPROXIMATELY 675,000 SQUARE FEET AND 25 GATES. AUTOMOBILE PARKING FOR 10,300 CARS, THAT DOES NOT INCLUDE PARKING AVAILABLE OFF-SITE. AND AIR CARGO AREA ENCOMPASSING APPROXIMATELY 61-ACRES, AND I WOULD LIKE TO -- LIKE YOU TO NOTE THAT THE RUN WAY LAYOUT IS A RELATIVELY HIGH CAPACITY AIR FIELD CONFIGURATION. DEMAND FORECASTS ARE THE FOUNDATION OF A MASTER PLAN AS THEY REPRESENT THE FUTURE TRAFFIC FOR WHICH THE FACILITY SHOULD BE PLANNED. FORECASTS WERE PREPARED FOR ENPLANED PASSENGERS, AIR CARGO, AIRCRAFT OPERATIONS WITH AN OPERATION BEING DEFINED AS EITHER A TAKE OFF OR LANDING AND BASE AVIATION AIRCRAFT. A RANGE OF FORECASTS WERE DEVELOPED THAT REFLECTED BASELINE, HIGH AND LOW GROWTH SCENARIOS AND THE HIGH GROWTH SCENARIO WAS ADOPTED BY DOA FOR FACILITY PLANNING PURPOSES TO ENSURE THAT A PLAN WAS IN PLACE THAT COULD MEET THE PROBABLE RANGE OF DEMAND, SUMMARIZING THE FORECAST PASSENGER ENPLANEMENTS WERE PROJECTED TO REACH 9.2 MILLION IN THE YEAR 2020. THAT IS OUTBOUND PASSENGERS AND THAT TRANSLATES INTO A TOTAL OF 18.4 MILLION ANNUAL PASSENGERS COMPARED TO ABOUT 7 AND A HALF MILLION THAT WE STARTED WITH AT THE BEGINNING OF THE PROJECT. CARGO WAS PROJECTED TO INCREASE ALMOST FOUR TIMES AND THE NUMBERS OF TAKEOFFS AND LANDINGS WERE PROJECTED TO INCREASE ABOUT 75% TO OVER 370,000 OPERATIONS, BUT THAT WAS WELL WITHIN THE CAPACITY OF THE TWO RUN WAYS, AND BASE GENERAL AVIATION AIRCRAFT WERE PROJECTED TO INCREASE TO ABOUT 266. SINCE IT'S UNLIKELY THAT THE TRAFFIC WILL MATERIALIZE AS EXACTLY AS PROJECTED OVER THE COURSE OF 20 YEAR, PLANNING LEVELS WERE ESTABLISHED THAT REPRESENTED ACTIVITY THRESHOLDS AT WHICH A KNOWN EXTENT OF FACILITIES COULD BE DEFINED. AND FOR THE PURPOSES OF THE MASTER PLAN, PLANNING LEVEL I RELATED TO 11 MILLION PASSENGER, PLANNING LEVEL II, SLIGHTLY MORE THAN 13 MILLION PASSENGERS; AND PLANNING LEVEL III, 18.4 MILLION. THE NEXT COUPLE OF SLIDES AND PAGES IN THE HANDOUT RELATE TO THE MAJOR FINDINGS IN TERMS OF FACILITY REQUIREMENTS AND IN TERMS OF THE AIR FOLD, IT WAS FOUND -- AIR FIELD, IT WAS FOUND OR CONCLUDED THAT THE EXISTING RUN WAYS CAN ACCOMMODATE DEMAND PROBABLY FOR THE NEXT 30 TO 35 YEARS AND THEREFORE ADDITIONAL RUN WAY CAPACITY WAS NOT NEEDED WITHIN THE 20 YEAR MASTER PLAN PERIOD, BUT IT WAS FELT THAT PLANNING FOR ADDITIONAL RUN WAY CAPACITY AND ENVIRONMENTAL DOCUMENTATION AND PLANNING WOULD LIKELY BE REQUIRED SOME TIME NEAR THE END OF THE 20-YEAR MASTER PLAN PERIOD. IN TERMS OF RUN WAY LENGTH, THE WEST RUN WAY WITH OVER 12,000 FEET OF RUN WAY LENGTH IS CAPABLE OF SUPPORTING INTERNATIONAL PASSENGER AND CARGO FLIGHTS AND SO A RUN WAY EXTENSION WAS NOT ENVISIONED. THE AIR FIELD WAS PLANNED ON THE BASIS OF AIRPLANE DESIGN GROUP D-5 WHICH IS AN FAA CLASSIFICATION, BASICALLY WILL ACCOMMODATE THE LATEST VERSION OF THE BOEING 747, HOWEVER WE DID IDENTIFY A STRATEGY FOR ACCOMMODATING AIRCRAFT LARGER THAN A 747, SHOULD THAT DEMAND MATERIALIZE. AND SO BASICALLY THE AIR FIELD REQUIREMENTS FOCUSED ON ADDITIONAL TAXI WAY IMPROVEMENTS TO IMPROVE EFFICIENCY ON THE AIR FIELD AND PROVIDING A NAVIGATIONAL AID ENHANCEMENT KNOWN AS A CATEGORY 3 ILS ON RUN WAY 17 RIGHT WHICH BASICALLY WILL SERVE AS THE BACKIUM OR REDUNDANT SYSTEM TO THE EXISTING CATEGORY 3 SYSTEM ON RUN WAY 17 LEFT. I WOULD LIKE TO TURN IT OVER BRIEFLY TO LOU GARBER TO TOUCH ON SOME OF THE ACCESS AND PARKING FINDINGS.

THANK YOU, DOUG. AS WE ALL KNOW, GROUND ACCESS AND PARKING FACILITIES ARE KEY ELEMENTS IN ANY AIRPORT OPERATION. AND IN MANY AIRPORTS THEY COMPOSE CRITICAL CONSTRAINT, OR COULD POSE CRITICAL CONSTRAINTS IN TERMS OF AIRPORT CAPACITY AND ABILITY FOR THE AIRPORT TO EFFECTIVELY AND EFFICIENTLY PROCESS PASSENGERS. IN OUR STUDY WE HAVE FOUND THE MAJOR FINDINGS THAT ARE ON THE SLIDE THAT WE WILL BE NEEDING AT PLANNING LEVEL III, 8,420 LINEAL FEET OF TERMINAL CURB. THIS IS VERY IMPORTANT ASPECT OF THE AIRPORT AND THIS IS APPROXIMATELY TWICE AS MANY LINEAL FEET OF CURB AS WE HAVE OUT THERE TODAY, SO A LOT OF PROVISIONS ARE GOING TO HAVE TO BE MADE FOR THAT. THE OTHER ASPECT OF THE AIRPORT IS THE PUBLIC PARKING SPACES. WE ARE GOING TO BE NEEDING 27,700 PUBLIC PARKING SPACES. THAT DOES NOT INCLUDE EMPLOYEE PARKING OR CAR RENTAL PARKING. THAT IS APPROXIMATELY 17,380 MORE SPACES THAN WE HAVE CURRENTLY OUT THERE. AND TRA TRANSLATE INTOS A LARGE AREA, 88-ACRES OF LAND THAT WOULD HAVE TO BE DEVOTED FOR THAT ASPECT OF THE AIRPORT. THERE ARE SOME OPTIONS. THERE IS AIRPORT PRIVATE FACILITIES FOR LONG-TERM PARKING THAT WOULD BE -- COULD BE ABLE THAT IS AROUND 4500 SPACES. THAT IS AN OPTION THAT CAN BE LOOKED AT IN THE FUTURE, BUT FOR A RESPONSIBLE PLANNING PURPOSES, WE THOUGHT THAT WE SHOULD BE LOOKING AT PROVIDING SPACE ON SITE FOR ALL THE PARKING REQUIREMENTS. ANOTHER FINDING WAS TO DEVELOP A CONSOLIDATED RENTAL CAR FACILITY. BY DOING THIS, WE WOULD REDUCE THE NEED FOR CAR -- RENTAL CAR TRIP MAKING ON THE CIRCULATION ROAD THERE BY PUTTING IT IN A CONSOLIDATED LOCATION NORTH OF HIGHWAY 71. WE WOULD ALSO CONSIDER CENTRAL SECURITY CHECK POINTS AT THE ENTRANCES TO THE AIRPORT FOR CHECKIN AND CHECKOUT SECURITY PURPOSES. ALSO TO PROVIDE FOR THE CAPACITY NECESSARY FOR THE UPGRADE OF THE AIRPORT, WE WOULD PURSUE A FLY OVER OVER HIGHWAY 71 AND WE'RE PURSUING THAT WITH TXDOT, AND ALSO FOR FUTURE PROVIDING ACCOMMODATIONS OR A POSITION THAT WE CAN PUT THE LIGHT RAIL, LRT RAIL, INTO THE AIRPORT. IN TERMS OF SUPPORT FACILITY, FACILITY REQUIREMENTS WERE ALSO IDENTIFIED FOR AIR CARGO AND SUPPORT AREAS SUCH AS BELLY FREIGHT AIRLINE AIRCRAFT MAINTENANCE, FLIGHT CATERING, GROUND HANDLING EQUIPMENT, AIRPORT MAINTENANCE AND FUEL STORAGE. IN TERMS OF AIR CARGO, THE NEED FOR WAREHOUSE AREA AND OVERALL CARGO AREA WAS PROJECTED TO TRIPLE. INCREMENTAL EXPANSION OF OTHER SUPPORT FACILITIES WAS DETERMINED TO BE NEEDED TO SERVE THE INCREASED TRAFFIC LEVELS PROJECTED. THIS INCLUDED AN AIRLINE MAINTENANCE AREA AND WHILE THERE ARE NO FACILITIES AT THE AIRPORT NOW, THE PLAN DOES IDENTIFY AN AREA THAT CAN BE DEVELOPED FOR -- BY AN AIRLINE OR AN AIRLINE MAINTENANCE VENDOR SHOULD SUCH PROPOSALS SURFACE. THE AREA ALLOCATED -- IT WAS FOUND THAT THE AREA PRESENTLY ALLOCATED FOR GENERAL AVIATION ACTIVITIES IS CAPABLE OF ACCOMMODATING SUBSTANTIALLY MORE THAN THE FORECAST NUMBER OF BASED GENERAL AVIATION AIRCRAFT. THE NEED FOR A PERMANENT HOME FOR THE TEXAS AIR NATIONAL GUARD WAS RECOGNIZE AND WAS REFLECTED IN THE PLAN. A MAJOR FOCUS OF THE PLANNING WAS ON PASSENGER TERMINAL FACILITIES AND AT THIS POINT I LIKE TO ASK BEN TO SHARE SOME OF THE THE MAJOR FINDINGS AND ACTUALLY THE RECOMMENDED CONCEPTS IN TERMS OF THE PASSENGER TERMINAL.

THANK YOU, DON. GOOD MORNING. AS DOUG INDICATED THE EXISTING TERMINAL WAS COMPLETED THREE YEARS -- MORE THAN THREE YEARS AGO AND IT CONSISTS OF 675,000 SQUARE FEET OF BUILDING SPACE AND 25 GATES. THE EXISTING TERMINALS BOUNDED BY ROAD WAYS TO THE NORTH, SUPPORT FACILITIES TO THE EAST AND WEST AND AIR FIELD FACILITYING INCLUDING THE CONTROL TOWER TO THE SOUTH. BASED ON THE TRAFFIC PROJECTED FOR THE LONG-TERM, OUR ANALYSIS INDICATES THAT BERGSTROM ENTERPRISE,INTERNATIONAL AIRPORT WOULD BE 62 GATES. THAT IS ALMOST 2 AND A HALF TIMES MORE THAN WHAT YOU HAVE TODAY. AND ONCE -- THAT SHOULD TAKE CARE OF TRAFFIC PLANNING LEVEL III AND TO ACCOMMODATE MORE THAN 18.4 MILLION ANNUAL PASSENGERS. OUR ANALYSIS ALSO INDICATES AN EXISTING TERMINAL IS CAPABLE OF EXPANSEXPANSION TO ACCOMMODATE PLANNING LEVEL II WHICH IS 13.2 MILLION ANNUAL PASSENGERS. NOW, AFTER A SERIES OF PLANNING STUDIES INCLUDING SEVERAL PASSENGER TERMINAL AND LAND USE CONCEPTS AND AFTER SEVERAL MEETINGS WITH THE DOA, THE AIRLINES AND OTHER INTERESTED PARTIES. I WAS CONCLUDED THAT THE BEST ALTERNATIVE TO ACCOMMODATE THE LONG-TERM PROGRAM FOR BERG SOME INTERNATIONAL AIRPORT IS THE DEVELOPMENT OF A UNIT TERMINAL COMPLEX ON THE SOUTHSIDE OF THE PROPERTY. THIS COMPLEX WILL BE BUILT INITIALLY WITH 11 GATES AND IT'S CONCEPTUALLY CONFIGURED TO BE ABLE TO EXPAND INCREMENTALLY BASED ON DEMAND. NOW, I LIKE TO QUICKLY HIGHLIGHT THE KEY POINTS THAT LED TO THE SELECTION OF THIS RECOMMENDED CONCEPT. NUMBER ONE, PASSENGER TERMINAL DEVELOPMENT MAY OCCUR RELATIVELY EASILY AND NEED NOT CONSIDER WORKING AROUND AN OPERATING TERMINAL BUILDING. THUS MINIMIZING IMPACTS TO PASSENGERS IN THE TERMINAL AND ON TERMINAL ROAD WAYS. THE CHARACTER AND DESIGN IMPOLICE AT THIS OF THE EXISTING TERMINAL CAN BE REMAINED. NUMBER 3, THE THIRD CONCEPT CAN MEET PASSENGER TERMINAL AND OTHER SUPPORT FACILITY REQUIREMENTS BEYOND THE 20 YEAR TIME FRAME OF THE MASTER PLAN UPDATE. THIS IS DONE THROUGH THE DEVELOPMENT OF CONCOURSES SHOWN ON THE SLIDE IN DASH LINES. FOURTH, THE RECOMMENDED CONCEPT PROVIDES A BALANCE OF LAND USES AND DISTRIBUTION OF SERVICES ON THE AIRPORT. AT THE SAME TIME THIS PLAN ALSO PROVIDES AMPLE AK COME ACCOMMODATIONS OF SUPPORT FUNCTIONS WITH MINIMAL IMPACTS ON EXISTING FACILITIES. EXISTING MID FIELD CROSS PATHWAY INCLUDING THE FAA CONTROL TOWER CAN BE RETAINED FOR A LONGER TIME PERIOD. AND THE SECOND AIRPORT ACCESS POINT FROM BURLESON ROAD WILL SERVE TO DIVERT AIRPORT TRAFFIC FROM STATE HIGHWAY 71 AND PROVIDED A ADDITIONAL CONVENIENCE FOR PASSENGERS COMING TO THE AIRPORT. LASTLY THE COST DIFFERENCE BETWEEN THIS AND OTHER ALTERNATIVES CONSIDERED WAS NOT SIGNIFICANT. THANK YOU.

THANK YOU, BEN. THIS SLIDE DEPICTS THE LOCATION OF VARIOUS LAND USES AND FUNCTIONS ON THE AIRPORT AND BASICALLY THE LAND USE STRATEGY AS SHOWN ON THE SLIDE ALLOWS FOR THE DEVELOPMENT OF ADDITIONAL RUN YEA CAPACITY IN THE FUTURE IF IT'S NEEDED, PROVIDES A BALANCE OF ULTIMATE CAPACITY OF THE AIR FIELD WITH THE TERMINAL BUILDING. THE EXISTING TWO RUN WAY PLUS A THIRD RUN WAY AT SOME POINT IN THE FUTURE WOULD BE CAPABLE OF SERVICING AT LEAST 42 MILLION PASSENGERS. NOW, THAT IS FAR IN THE FUTURE, BUT NONETHELESS, THE RECOMMENDE PLAN WOULD ALLOW FOR SUFFICIENT GATES, ESTIMATED RIGHT NOW AT ABOUT 112 TO HANDLE THAT 42 MILLION PASSENGERS. SO THERE'S A BALANCE IN THE ULTIMATE CAPACITIES. THE LAND USE PLAN ALSO DISTRIBUTES THE FUNCTIONS TO BOTH THE NORTH AND SOUTHSIDES OF THE AIRPORT UTILIZING AIRPORT PROPERTY AND MINIMIZES IMPACTS ON EXISTING FACILITIES. BASICALLY THE LAND USE PLAN ORGANIZES THE FUTURE PLAN. THE PLAN IS TO SEPARATE AS MUCH AS POSSIBLE CERTAIN FUNCTIONS FROM THE PASSENGER TERMINAL AREA TO MINIMIZE CONGESTION AND A NEW CARGO AREA IS SHOWN ON THE WEST SIDE. BASICALLY THIS IS THE EXISTING CARGO AREA UP ON THE NORTH AND IT'S PRETTY MUCH BUILT OUT AND TO ACCOMMODATE FUTURE CARGO DEMAND A NEW CARGO AREA WAS IDENTIFIED ON THE WEST SIDE AS EXCELLENT ACCESS TO THE MAIN RUN WAY AS WELL AS EXCELLENT ACCESS TO HIGHWAY 183 AND IS CERTAINLY CAPABLE OF PROVIDING SIGNIFICANT LAND AREAS FOR CARGO ACTIVITIES. AND SEPARATED FROM THE PASSENGER TERMINAL. AND LIKEWISE, WITH AIRLINE MAINTENANCE IN GENERAL AVIATION FACILITY, THEY HAVE ALSO BEEN SEPARATED SO AS NOT TO INTERFERE WITH THE PASSENGER TERMINAL. PARKING FACILITIES REQUIRE SIGNIFICANT LAND AREAS AND ALSO HAVE BEEN LOCATED CONSIDERING FUTURE REQUIREMENTS AND VEHICULAR CIRCULATION. THE RENTAL CAR FACILITY NORTH OF STATE HIGHWAY 71 REQUIRES APPROXIMATELY 85-ACRES BUT THERE IS SOME FLEXIBILITY IN THE LOCATION. THIS IS A LARGER AREA THAN 85-ACRES. THE EXACT LOCATION REMAINS TO BE DETERMINED SO THERE'S SOME FLEXIBILITY IN WHERE THOSE FACILITIES CAN BE PROVIDED.

Garcia: CAN YOU POINT TO WHERE THE NEW RUN WAY IS?

THIS IS THE EXISTING WEST RUN WAY. THIS IS THE EAST RUN WAY. AND A THIRD RUN WAY WOULD BE LOCATED 1,000 FEET TO THE EAST OF THE WEST RUN WAY.

Garcia: WE WERE TOLD THAT RUN WAYS COULDN'T BE THAT CLOSE TOGETHER. IS THAT -- IS THIS WITHIN THE PRESCRIBED DISTANCES?

YES, THERE'S DIFFERENT SEPARATIONS SPECIFIED, STIPULATED BY THE FAA. A RUN WAY SEPARATION OF AT LEAST 4300 FEET WILL SUPPORT SIMULTANEOUS PRECISION INSTRUMENT APPROACH OPERATIONS WHICH IS -- WHICH WILL ACCOMMODATE INDEPENDENT OR DUAL ARRIVAL STREAMS DURING BAD WEATHER. AS THE SEPARATION DECREASES, YOUR ABILITY TO SUPPORT THOSE INDEPENDENT OPERATIONS ALSO IS REDUCED. AND THE FAA SPECIFIES A SEPARATION OF 700 FEET BETWEEN PARALLEL RUN WAYS AS SUFFICIENT TO SUPPORT SIMULTANEOUS VFR OR GOOD WEATHER OPERATIONS. SO THERE IS -- THERE IS A BENEFIT TO THIS RUN WAY. YOU ALREADY HAVE THE SEPARATION TO ACCOMMODATE THE TWO BAD WEATHER ARRIVAL STREAMS. THIS THIRD RUN WAY IN COORDINATING WITH THE CONTROL TOWER WOULD BE VERY USEFUL FOR DEPARTURE OPERATIONS AND IT WOULD ALSO PROVIDE A BENEFIT DURING POOR WEATHER SO THERE WOULD BE A BENEFIT TO USE IT FOR TAKEOFFS. BUT THAT NEED IS NOT FORESEEN UNTIL MANY YEARS OUT.

Garcia: THANK YOU.

THIS SLIDE DEPICTS THE PHASING OF IMPROVEMENTS. THE SUMMARY REPORT THAT YOU HAVE BASICALLY IDENTIFIES ALL THE RECOMMENDED PROJECTS AND I WON'T GO THROUGH THAT LIST, BUT BASICALLY THIS GRAPHIC HERE SUMMARIZES THE IMPROVEMENTS BY PLANNING LEVEL, THE SHORT-TERM PLANNING LEVEL I HONE IN LIGHT BLUE, MEDIUM TERM PLANNING LEVEL II IN YELLOW AND LONGER TERM IMPROVEMENTS IN GREEN. BASICALLY IN PHASE 1, THE IMPROVEMENTS INCLUDE SOME TAXI WAY DEVELOPMENT ON THE AIRPORT, AND EXPANSION OF THE EXISTING TERMINAL BY EXTENDING THE EAST CONCOURSE TO ADD AN ADDITIONAL SIX GATES AND AIRCRAFT PARKING APRON AND BEGINNING DEVELOPMENT OF A WEST SIDE CARGO AREA AS WELL AS EXPANDING SOME SUPPORT FACILITIES. THE PHASE 2 PLANNING LEVEL II DEVELOPMENT IS LARGELY DRIVEN OR INFLUENCED BY THE DEVELOPMENT OF A NEW SOUTH UNIT TERMINAL, 11 GATES, SUPPORTING TAXI WAYS TO SUPPORT THAT FUNCTION AND PHASED EXPANSION OF SUPPORT FACILITIES AS WELL AS THE DEVELOPMENT OF A ROAD SYSTEM AND PARKING TO SERVE THE SOUTH UNIT TERMINAL. AND THEN IN PLANNING LEVEL III, WHICH RELATES TO THE FACILITIES NEEDED TO ACCOMMODATE THE 18.4 MILLION PASSENGERS, IN THE FORECAST BASICALLY CONTINUED DEVELOPMENT OF AIR FIELD TAXI WAYS, EXPANDING THE SOUTH UNIT TERMINAL TO MEET THE REQUIREMENT OF 52 GATES IN THE LONG-TERM, AS WELL AS PHASED EXPANSION OF OTHER SUPPORT FACILITIES, AND WE'VE GOT A PHASING PLAN ALSO FOR THE ACCESS AND PARKING. THE ACCESS OBVIOUSLY IS GOING TO COINCIDE WITH THE -- WITH THE OTHER DEVELOPMENTS AND THEY WOULD BE ENOUGH IMPROVEMENTS TO MEET THE PLANNING LEVEL OF ACTIVITY. ESSENTIALLY IT'S SHOWN ON THE SLIDE THERE, YOU HAVE THE THREE PLANNING LEVELS OF ACTIVITY AND THE FIRST LEVEL IS PRIMARILY GOING TO BE PROVIDING FOR THE FACILITIES FOR THE NORTH TERMINAL TO BRING IT UP TO CAPACITY AND IN DOING SO, WE WOULD NEED TO HAVE THE FLY-OVER, WHICH WE MENTIONED EARLIER, OVER HIGHWAY 71, THAT WOULD BE TRAFFIC EXITING THE AIRPORT GOING WESTBOUND ON HIGHWAY 71. WE WOULD BE PUTTING IN THE PARKING AND RENTAL CAR FACILITIES NORTH OF HIGHWAY 71. WE WOULD LOOK AT PUTTING IN ADDITIONAL PARKING. WE HAVE A COUPLE OF OPTIONS AVAILABLE THERE. ONE IS TO PUT TWO ADDITIONAL FLOORS OF PARKING ON EXISTING PARKING STRUCTURE. ANOTHER OPTION IS TO BUILD ANOTHER SEPARATE STRUCTURE JUST NORTH OF EXISTING ONE AND A THIRD OPTION IS TO u u u u UTILIZE PRIVATE OFF-SITE PARKING IN THE INTERIM TO DEFER THE NEED FOR THAT PARKING STRUCTURE. BASICALLY PLANNING LEVEL II AS I INDICATED WOULD BE BUILDING THE INFRASTRUCTURE NECESSARY TO SUPPORT THE NEW TERMINAL TO THE SOUTH. THAT WOULD BE A COMPLETE CIRCULATION ROAD SYSTEM WITH ACCESS TO BURLESON ROAD. THAT WOULD PROVIDE FOR ACCESS FROM BOTH THE NEW STATE HIGHWAY 120 AS WELL AS 183 AND PROVIDE A SECOND ACCESS TO THE AIRPORT TO THAT TERMINAL FACILITY. ALSO AS A PART OF THAT WOULD BE A CIRCULATION SPINE ROAD THAT WOULD BE BUILT BETWEEN THE TWO TERMINALS. DOUG, IF YOU COULD POINT THAT OUT. WOULD BE TWO ONE WAY ROAD WAYS THAT WOULD BE TWO LANES WIDE UNDER THE AIRPORT AND IT WOULD TIE THE CIRCULATION OF THE NORTH TERMINAL TO THE SOUTH TERMINAL.

Garcia: DID YOU SAY ONE WAY?

I LIKE ONE WAY STREETS HERE IN AUSTIN.

THERE WOULD BE ONE WAY ON THE WEST SIDE AND THE REVERSE ON THE OTHER. THE PLANNING LEVEL II WOULD ALSO PROVIDE FOR ADDITIONAL PARKING ON THE SOUTHSIDE WHICH WOULD BE EMPLOYEE PARKING AS WELL AS LONG-TERM PARKING, AND ALSO AT THAT POINT, WE WOULD BE PUTTING IN THE SECURITY CLAUSE, ONE ON THE SOUTH TERMINAL, ONE ON THE NORTH TERMINAL, WHICH WOULD ALLOW FOR YOU TO CONTROL FROM A SECURITY STANDPOINT ALL VEHICLES WITHIN THE AIRPORT CIRCULATION ROAD SYSTEM. PLANNING LEVEL III IS MERELY AN EXPANSION OF THE FACILITIES TO ACCOMMODATE WHAT THE PLANNING LEVEL III LEVEL OF SERVICE IS AND IT WOULD BE AN EXPANSION OF PARKING, EXPANSION OF THE ROAD WAY SYSTEM. BASICALLY THAT WOULD BE THE PLAN FOR GROUND ASPECTS OF THIS. THIS SLIDE SHOWS THE ESTIMATED COSTS TO CONSTRUCT THE FACILITIES JUST DESCRIBED AND SHOWS THE COST BY AIRPORT COMPONENT, PLANNING LEVEL, AND COSTS TO THE AIRPORT AS OPPOSED TO COSTS TO THIRD PARTIES. LIKE TO POINT OUT THAT THERE'S NO COMMITMENT TO BUILD FACILITIES OR INCUR COSTS ESPECIALLY FOR PLANNING LEVELS 2 AND 3 UNTIL ACTUAL TRAFFIC GROWTH DICTATES. FACILITIES WILL BE PROVIDED IN RESPONSE TO ACTUAL TRAFFIC, NOT THE FORECAST, BUT ADDED ALL UP, THE TOTAL COST FOR THE 20 YEAR MASTER PLAN IMPROVEMENTS IS JUST OVER $2 BILLION OF WHICH ABOUT 75% OR 1 AND A HALF BILLION WOULD BE COSTS TO THE AIRPORT. ABOUT 18% OF THE COSTS TO THE DEPARTMENT OF AVIATION OCCUR IN PLANNING LEVEL I AND ARE THOSE COSTS THAT ARE MOST LIKELY TO BE INCURRED AND THESE ARE COSTS LARGELY ASSOCIATED WITH THE EXPANSION OF THE EXISTING TERMINAL, THE EAST CONCOURSE INCLUDING APRON AREAS, ACCESS AND PARKING EXPANSION. THESE COSTS ARE BASED OR EXPRESSED IN TODAY'S DOLLARS. LAST SLIDE, THE AIRPORT LAYOUT PLAN, OR THE ALP, IS A GRAPHIC REPRESENTATION OF THE EXISTING AND FUTURE FACILITIES NEEDED TO ACCOMMODATE PROJECTED DEMAND IN THE MASTER PLAN. AND IT REPRESENTS THE CULMINATION OF THE MASTER PLANNING PROCESS AND IS ALSO A DOCUMENT THAT IS REQUIRED BY THE FAA. AND THIS IS THE MAP OR LAYOUT PORTION OF THE ALP. AND WE'VE TRIED TO COLOR CODE THE AIR FIELDS, BUILDING AND ROAD WAY ELEMENT, AS WELL AS CULL OUT SOME OF THE MAJOR FEATURE, THE EXPANSION OF THE EAST CON CURSE, FUTURE SOUTH TERMINAL, ACCESS AND PARKING FACILITIES FOR THEB@ FUTURE SOUTH TERMINAL, GENERAL AVIATION WILL REMAIN IN ITS PRESENT AREA. AND THE FURNITURE WEST SIDE CARGO AREA. ONE ITEM CULLED OUT ON THE AIRPORT LAYOUT PLAN IS LAND ACQUISITION AND THE MASTER PLAN INCLUDES THE ACQUISITION OF TWO SMALL PARCELS ON THE SOUTH, SOUTH OF THE AIRPORT, FOR THE CARGO AREA, AND ADJACENT TO THE AIR NATIONAL GUARD FACILITY. AND IT WILL ALSO BE NECESSARY TO ACQUIRE ABOUT 85-ACRES SOMEWHERE NORTH OF STATE HIGHWAY 71 FOR PARKING IN THE CONSOLIDATED RENTAL CAR FACILITY, BUT AS I MENTIONED BEFORE, THE LOCATIONS OF THE LAND TO BE ACQUIRED REMAINS TO BE DETERMINE AND SO THERE IS SOME FLEXIBILITY IN SITING OF THESE FACILITIES. AND JUST A COUPLE OF CONCLUDING POINTS THAT I WOULD LIKE TO SHARE OR MY IMPRESSION OF THE MASTER PLAN BASICALLY IN TERMS OF THE AIR FIELD, THE RUN WAYS AND TAXI WAY, THE AIRPORT IS IN GOOD SHAPE. ADDITIONAL RUN WAY CAPACITY IS NOT FORESEEN IN THE NEXT 20 YEARS AND THE IMPROVEMENTS BASICALLY INVOLVE PHASING IN TAXI WAY ENHANCEMENTS TO IMPROVE THE CIRCULATION OF AIRCRAFT ON THE GROUND. IN TERMS OF THE PASSENGER TERMINAL, WE NEED TO LOOK BEYOND THE PRESENT TERMINAL AREA TO PROVIDE FUTURE PASSENGER TERMINAL FACILITIES, ESPECIALLY IN THE LONG-TERM, AND OF COURSE WE NEED ROADS AND PARKING TO SUPPORT THE FUTURE DEVELOPMENT, AND THE SUPPORT FACILITIES SUCH AS CARGO NEED TO BE LOCATED OR SITUATED TO ACCOMMODATE GROWTH BUT ALSO NOT TO INTERFERE OR IMPEDE THE PROVISION OF PASSENGER TERMINAL FACILITIES, AND THAT BASICALLY CONCLUDES OUR PRESENTATION. AT THIS POINT BE HAPPY TO TURN IT BACK OVER TO JIM OR ENTERTAIN ANY QUESTIONS YOU MIGHT HAVE.

JUST IN QUICK SUMMARY AND THEN WE'LL ANSWER ANY QUESTIONS YOU MAY HAVE. AS DOUG SAID ONE, IS GOOD NEWS FOR AUSTIN IS WE HAVE A GOOD AIRPORT FOR TODAY AND TWO, THE AIR FIELD CAPACITY WHICH IS THE CRITICAL COMPONENT IS SET FOR THE NEXT 30 TO 35 YEARS AND WITH THE ADDITION OF A THIRD RUN WAY YOU CAN TAKE IT WELL BEYOND THAT. THE AIR FIELD CAPACITY WITH A THIRD RUN WAY CAN TAKE US UP TO 42 MILLION ANNUAL PASSENGERS AND THAT WOULD ACCOMMODATE APPROXIMATELY 112 GATES. SO WE'RE IN GOOD SHAPE FOR THE FUTURE RELATIVE TO OUR AIR FIELD. HOWEVER THE SUPPORT FACILITY, THE TERMINAL, THE ROAD WAY NETWORK AND EVERYTHING NECESSARY TO SUPPORT THAT TYPE OF GROWTH IS GOING TO HAVE TO BE DONE INCREMENTALLY OVER THE NEXT 20, 30 YEARS AND THAT IS GOING TO REQUIRE A LARGE INVESTMENT AND THE GAME PLAN FOR THE NEXT 20 YEARS TO ACCOMMODATE 18 MILLION ANNUAL PASSENGER, AND AGAIN WE'RE AT 7 NOW, IS GOING TO REQUIRE AN INVESTMENT OF ABOUT $2 BILLION, ONE AND A HALF BILLION WHICH WILL COME FROM THE AIRPORT, WHICH MEANS THAT THE AIRPORT NEEDS TO BE VERY CONSCIOUS OF ITS COMMERCIAL POSSIBILITIES AND REVENUE GENERATING POSSIBILITIES IN ORDER TO PRODUCE THE AMOUNT OF REVENUE NECESSARY TO ACCOMMODATE THAT LEVEL OF GROWTH. IF WE DON'T DO THAT, THEN THE MONEY HAS TO COME FROM ELSEWHERE IN THE COMMUNITY IN ORDER TO PROVIDE THE FACILITIES NECESSARY FOR THIS COMMUNITY TO STILL HAVE GREAT AIR SERVICE. OVERALL, THIS PLAN HAS BEEN REVIEWED BY A NUMBER OF TECHNICAL COMMITTEES THAT WE'VE HAD REVIEW THE AIRPORT ADVISORY BOARD. IN ADDITION WE BROUGHT IN A PEER REVIEW PANEL WHERE WE BROUGHT IN TEN OTHER AIRPORTS TO REVIEW OUR MASTER PLAN TO MAKE SURE IT MADE SOME SENSE AND GENERALLY WE'VE GOTTEN ACROSS THE BOARD FAVORABLE REVIEWS. THE IMPORTANT THING IS WE HAVE 4200-ACRES OUT THERE THAT HAS TO LAST US FOR A LONG TIME. THE LAYOUT THAT WE'VE COME UP WE I HAD IN TESTING IT AGAINST OTHER AIRPORTS MAXIMIZES THE UTILITY OF THAT FACILITY AND THOSE 4200-ACRES FOR THE LONGEST PERIOD OF TIME. AND WITH THAT, WE'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. GRS

Garcia: THANK YOU VERY MUCH. MR. SMITH. QUESTIONS? COUNCILMEMBER DUNKERLY?

REGARDING THE FUTURE COST YOU HAVE PART OF IT IDENTIFIED AS THIRD PARTY. WOULD THIS BE THE AIRLINES AND THINGS LIKE THAT? AND WHAT ABOUT FUTURE GRANT FUNDS TO FUND SOME OF THE CITY'S PORTION? IS THAT A POSSIBILITY?

YES, THERE'S ALWAYS -- FAA HAS GRANT FUNDS WHICH ARE MADE AVAILABLE ON AN EMPLOYMENT BASIS AS WELL AS A DISCRETIONARY BASIS AND WE WOULD OBVIOUSLY GO AFTER THOSE GRANTS THE SAME WAY WE DID FOR THE BUILDING THE NEW AIRPORT TO MAXIMIZE THOSE IF POSSIBLE. THE ONE BIG UNKNOWN RIGHT NOW IS BECAUSE OF ALL OF THE ADDITIONAL SECURITY COSTS BASICALLY FEDERAL GRANT FUNDS ARE KIND OF UP IN THE AIR BECAUSE OF USING A LARGE PORTION OF IT TO PAY FOR SECURITY ISSUES AND HOW MUCH IS GOING TO BE AVAILABLE FOR FUTURE AIR FIELDS AND TERMINAL IMPROVEMENTS, YOU KNOW, NOBODY KNOWS THE ANSWER TO THAT RIGHT NOW.

Garcia: I THINK PROBABLY WHAT WOULD BE HELPFUL TO THE COUNCIL WOULD BE IF TOGETHER WITH THAT WE WOULD PROVIDE -- THIS GIVES US THE COST, BUT THE SOURCES OF THIS FUND THAT WOULD PROVIDE THE MONEY TO DO THE THINGS. YOU KNOW, I GUESS IN FIVE YEAR INCREMENTS WOULD BE FINE, IF WE CAN IDENTIFY THOSE SOURCES. I UNDERSTAND WHAT YOU'RE TALKING ABOUT, YOU KNOW, WITH HOMELAND SECURITY AND ALL OF THOSE OTHER ISSUES FACING US, BUT IF AT SOME POINT YOU CAN DO THAT, YOU KNOW, AT LEAST ESTIMATES, THAT WOULD BE HELPFUL.

WE CAN DO THAT IN GENERAL TERMS BUT THAT IS ABOUT AS CLOSE AS WE CAN GET.

Garcia: I'M SURE THEY WON'T BE AS PRECISE AS THEY NEED TO BE, BUT, YOU KNOW, YOU HAVE -- YOU JUST HAVE CERTAIN INFORMATION AND WE UNDERSTAND THAT. MAYOR PRO TEM?

I WAS GOING TO SAY SOMETHING LIKE EVEN THOUGH RIGHT NOW WE'RE IN A TIME WHERE THE MERE MENTION OF MORE MONEY MAKES EVERYBODY CRINGE, SO OBVIOUSLY WE'RE NOT GOING TO DO ANYTHING TODAY OR TOMORROW, BUT ARE YOU THINKING THAT WE SHOULD BEGIN MAYBE BUILDING THAT BANK ROLL BIT BY BIT, ESPECIALLY AFTER THE ECONOMY STARTINGS LOOKING A LITTLE MORE NORMAL AND MAYBE EVEN MORE IMMEDIATE WE COULD LOOK AT THE ACQUISITION OF THE EXTRA CARGO AND LAND PRICES CAN ONLY GO UP ESPECIALLY NOW THAT THEY KNOW WE NEED IT.

RIGHT. THE AIRPORT WORKS AS AN ENTERPRISE FUND AND FEDERAL LAW REQUIRES ALL MONEY EARNED AT THE AIRPORT STAY AT THE AIRPORT. WHAT WE DO NOW ON AN ANNUAL BASIS, ANY MONEY LEFT OVER AT THE END OF THE YEAR GETS TRANSFERRED TO THE CAPITAL FUND. THAT IS ESSENTIALLY THE AIRPORT'S PROFIT. THE AIRPORT HAD BEEN MAKING A PROFIT PRIOR TO SEPTEMBER 11th. LAST YEAR WE HAD AN EXCEPTIONAL YEAR AND STILL GENERATED AN $8 MILLION PROFIT WHICH TOOK A LOT OF EFFORT. SO THE IDEA IS, YES, TO HAVE THE AIRPORT EARN ENOUGH PROFIT PROFITS THAT WE CAN START PUTTING ON AN ANNUAL BASIS ENOUGH MONEY INTO THE CAPITAL FUND THAT WOULD SERVE AS THE BASIS FOR US TO BE ABLE TO FINANCE AND PRODUCE ENOUGH MOAN FOR US TO BUILD ALL OF THESE FACILITIES. IF YOU RECALL WHEN THE NEW AIRPORT WAS BUILT, THE OLD AIRPORT HAD A NUMBER OF SUCCESSFUL YEARS OF PUTTING AWAY QUITE A BIT OF MONEY WHICH ALLOWED THE FINANCING OF THAT FACILITY TO MOVE ALONG A LITTLE BIT EASIER. THAT WOULD BE OUR GOAL AGAIN. SO THE AIRPORT NEEDS TO MOVE BEYOND OBVIOUSLY JUST THE BREAK-EVEN OPERATION. WE NEED TO BE LOOKING FOR COMMERCIAL POSSIBILITIES TO EARN ENOUGH MONEY SO WE DON'T EVER HAVE TO COME TO THE GO BOND APPROACH TO TRY TO MAKE FACILITIES OUT AT THE AIRPORT. IN TERMS OF LAND ACQUISITION, THE NEXT STEP WITH THIS IS IF THE COUNCIL APPROVES THIS PLAN TOMORROW WE HAVE TO SEND IT TO THE FAA THE FAA HAS TO APPROVE IT AND IT BECOMES PART OF THE INFRASTRUCTURE IN THE LONG-TERM PLAN. ONCE THEY HAVE ADOPTED THAT IN THE PLAN AND APPROVE WHERE THESE FACILITIES SHOULD BE LOCATED, THEN WE HAVE THE ABILITY THEN TO START LOCKING AT LAND ACQUISITIONS. THEY HAVE TO BE APPROVED BY THE FAA FIRST.

OH, OKAY.

Garcia: OTHER QUESTIONS? THANK YOU, MR. SMITH. THANK YOU. NEXT ITEM ON THE AGENDA IS A STAFF PRESENTATION ON THE SELECTION OF CONSTRUCTION MANAGER AT RISK FOR CITY HALL. CITY MANAGER?

THIS IS GOING TO BE VERY SHORT AND VERY SWEET. THIS IS A WAY TO JUST BE SURE THAT YOU HAVEALL THE INFORMATION YOU NEED FOR AN ACTION ITEM THAT IS UP TOMORROW, THURSDAY, AT COUNCIL. BECAUSE WE ARE IN NEW TERRITORY HERE ON THE PROCESS. WE WANTED EVERYONE, KEEP EVERYBODY UP TO SPEED, BE SURE WE ANSWERED THE QUESTIONS OUT THERE. PETER?

GOOD MORNING. MAYOR AND COUNCIL, MY NAME IS PETER. I'M THE DIRECTOR OF PUBLIC WORKS FOR THE CITY. NATHAN SNIEDER FROM ECONOMIC DEVELOPMENT. ON AUGUST 29th WHEN YOU APPROVED THE CITY MANAGER AT RISK CONCEPT FOR CITY HALL YOU INCLUDED A NUMBER OF STIPULATIONS AND THINGS THAT YOU EXPECTED FROM US IN THIS PROCESS, AND WHAT FRED EVANS WILL DO RIGHT NOW IS TO TELL YOU WHAT WE -- WHAT YOU HAVE ASKED US TO DO AND WHAT WE HAVE DONE. SO FRED?

GOOD MORNING. I BELIEVE Y'ALL HAVE A HANDOUT THAT SUMMARIZES OR RESTATED FIRST WHAT THE RESOLUTION INCLUDED AND THEN WOULD LIKE TO WALK THROUGH WHAT WE'VE DONE, WHAT WE'VE ACCOMPLISHED TO DATE IN RELATIONSHIP TO THE RESOLUTION AS WELL AS WHAT REMAINS TO HAPPEN T LOCAL GOVERNMENT CODE ALLOWS TWO DIFFERENT WAYS TO CHOOSE A CONSTRUCTION MANAGER AT RISK, EITHER ONE STEP RFP, OR TWO STEP RFP-RFQ PROCESS. WE ISSUED AN RFQ THAT FOCUSED PURELY ON THE QUALIFICATIONS AND DID NOT INCLUDE ANY PRICING INFORMATION. FROM EVALUATION OF THE RESPONSES TO THE RFQ, WE SHORT LISTED A MAXIMUM -- WE SHORT LIFTED FIVE FIRMS WHICH IS THE MAXIMUM ALLOWED UNDER THE LAW. THOSE FIVE FIRMS PROCEEDED TO THE THE NEXT STEP WHICH IS THE RFP STEP. WE DID INTRODUCE THE PRICING COMPONENT. WE REQUESTED THAT THE PROSPECTIVE CONSTRUCTION MANAGERS GIVE US THEIR STIPULATED SUM FOR THEIR FEE WHICH IS BASICALLY THEIR HOME OFFICE, OVERHEAD AS WELL AS THEIR PROFIT AND TO GIVE US A STIPULATED FUND FOR THE GENERAL CONDITIONS WHICH PAY FOR THEIR SITE PRESENCE DURING CONSTRUCTION PARTICULARLY. IN ADDITION WE ASKED FOR ESTIMATES FOR THEIR PRE-CONSTRUCTION SERVICES SUCH AS ESTIMATING VALUE ENGINEERING AND CONSTRUCTABILITY AND ESTIMATES FOR WHAT THEY WOULD PROPOSE TO DO AS AN INITIAL TRADE CONSTRUCTION PACKAGE TO HELP US AS WE PLOTTED OUT THE NEXT STEPS IN THE PROCESS. THE SELECTION MATRIX THAT WE UTILIZED WAS THAT APPROVED BY COUNCIL IN AUGUST WHICH HAD BEEN PREVIOUSLY APPROVED BY THE...

... THE RFP INCLUDED THE 50 POINT PRICING CRITERIA AND THEN THE SHORT LISTED FIRMS THAT WERE INTERVIEWED FOR AN ADDITIONAL 25 POINTS, SO THE RECOMMENDATION BROUGHT BEFORE YOU TOMORROW WILL BE BASED UPON A TOTAL MAXIMUM POINTS OF 125 POINT FORCE THE SHORT LISTED FIRMS. COUNCIL AUTHORIZED STAFF TO SECURE CONSULTANT SERVICES TO HELP US AS WE WENT THROUGH THIS NEW PROCESS, AND TO HELP US BOTH WITH THE SOLICITATION DOCUMENTS BUT ALSO WITH CONTRACTING FOR A CONSTRUCTION MANAGER AT RISK. WE EXPANDED THE SERVICES OF THE EXISTING DESIGN TEAM AS WELL AS THEIR SUB CONSULTANTS AND BOTH OF WHICH HAVE EXPERIENCE IN ALTERNATIVE DELIVERY AND SPECIFICALLY CONSTRUCTION MANAGER AT RISK. WE ALSO BROUGHT ON BOARD DR. JIM BRODUS WITH BRODUS & ASSOCIATES AND FORMERLY WITH THE UT SYSTEM. BOTH -- ALL OF THOSE RESOURCES ARE VERY VALUABLE AND WE WORKED IN CLOSE COORDINATION WITH THOSE CONSULTANTS. THE SOLICITATION DOCUMENTS ESTABLISHED M AND WBE GOALS FOR THIS PORTION OF THE CONSTRUCTIONERLY INTO THE PROCESS DURING THE RFQ PRE-RESPONSE A RECOMMENDATION WAS MADE THAT WE CHOSE TO PURSUE WHICH WAS TO BREAK THE GOALS INTO TWO SEPARATE GOALS. ONE FOR THE INITIAL SERVICES WITH THE CONSTRUCTION MANAGER AT RISK WHICH IS THE PRE-CONSTRUCTION SERVICES, THEIR FEE AND THE GENERAL CONDITIONS THAT WOULD BE IN PLACE THROUGH CONSTRUCTION. WE ESTABLISHED A SEPARATE SET OF GOALS FOR THE CONSTRUCTION TRADE PACKAGES WHICH WILL BE SECURED IN THE FUTURE. EACH OF THE FIRMS TO THE M AND WBE REQUIREMENTS BY PROVIDING A COMPLIANCE PLAN FOR THE INITIAL SERVICES AND THEN ALSO SUBMITTING A STATEMENT OF INTENT TO COMPLY WITH THE GOALS ESTABLISHED FOR THE CONSTRUCTION SERVICES. THE COMPLIANCE PLANS WERE REVIEWED BY CITY STAFF FOR THE INITIAL SERVICES AND WILL BE REVIEWED AND APPROVED FOR THE INITIAL CONSTRUCTION TRADE PACKAGES, THAT WOULD BE THE FIRST CONSTRUCTION ELEMENT ON THE PROJECT. WE WILL REPORT TO COUNCIL ON PARTICIPATION LEVELS AS THEY DEVELOP THROUGH THE INITIAL TRADE CONSTRUCTION PACKAGES, AND AS WE GET INTO COMPLETING ACQUISITION OF THE SUB COM -- SUBCONTRACTING PHASE AND WE FINALIZE THE TOTAL LUMP SUM, WE WILL BE BRINGING THAT AMOUNT BACK TO COUNCIL FOR THE APPROVAL AS WELL AS THE FULL COMPLIANCE PLAN FOR THE PROJECT. WE'VE BEEN WELL AWARE OF THE CONCERNS REGARDING COSTS AND SCHEDULE, CONTAINMENT, AND IN RESPECT TO COSTS WE HAVE THE FEES AND GENERAL CONDITIONS STIPULATED BY THE CONSTRUCTION MANAGER AT RISK FIRMS. WE HAVE COMMISSIONED A UPDATED COST ESTIMATE BY OUR CONSULTANT TEAM ON THE TRADE CONSTRUCTION SO THAT WE CAN HAVE THAT AS A BASE FOR EVALUATING THE COSTS THAT WE BRING IN. WE WILL BE USING, AS DIRECTED BY COUNCIL, WE WILL BE REQUIRING THE CITY -- EXCUSE ME, THE CONSTRUCTION MANAGER AT RISK TO UTILIZE A COMPETITIVE SEALED PROPOSALS AND SECURING THE TRADES OF CONTRACTS. THAT WILL ALLOW US TO LOOK BEYOND PRICE BUT WILL HAVE A PRICE ELEMENT AS WELL. AND IN THE PRE-CONSTRUCTION PHASE WE WILL BE UTILIZING THE CONSTRUCTION MANAGER TO HELP US IN VALUE ENGINEERING AND CONSTRUCTABILITY REVIEWS TO AGAIN HELP US TO CONTAIN THE COST. ON THE SCHEDULE SIDE, ONE OF THE NEWEST ELEMENTS THAT WE INTRODUCED WAS PURSUIT OF AN INITIAL CONSTRUCTION TRADE PACKAGES THAT WAS TO ACHIEVE BOTH REINITIATION OF CONSTRUCTION SERVICES OR CONSTRUCTION ACTIVITY ON SITE AS QUICK AS POSSIBLE BUT HOPEFULLY COMPLETE CONSTRUCTION MORE QUICKLY. WE'RE ALSO INCLUDING A PROVISION IN THE RCA WHICH WOULD GIVE US AUTHORITY TO CEASE NEGOTIATIONS WITH THE SELECTED FIRM AND PROCEED TO THE NEXT HIGHEST RANKED FIRM SHOULD WE BE UNABLE TO REACH A SUITABLE NEGOTIATED AGREEMENT WITH THE SELECTED FIRM. THE LAST PAGE IN THE HANDOUT IS THE SCHEDULE COMPARISON, AND THE FIRST COLUMN IS WHERE WE THINK WE ARE TODAY ON THE CONSTRUCTION MANAGER AT RISK. THE THREE COLUMNS FOLLOWING THAT SHOW WHAT WE HAVE PROJECTED IN AUGUST RELATED TO CONSTRUCTION MANAGER AT RISK. WE'RE PLEASED TO ANNOUNCE THAT WE'RE AHEAD OF WHERE WE THOUGHT WE WOULD BE ON THE CONSTRUCTION MANAGER AT RISK PROCESS BY GETTING INTO COUNCIL BEFORE THE CHRISTMAS BREAK, WE'VE SHAVED A MONTH OFF OF THE SCHEDULE THERE BY INTRODUCTION OF THE INITIAL CONSTRUCTION TRADE PACKAGES. WE BELIEVE THAT WE SHOULD BE ABLE TO GET CONSTRUCTION ACTIVITY REINITIATED IN MARCH RATHER THAN MAY AS WE HAD INITIALLY ANTICIPATED.

Garcia: AND THAT BASICALLY CONCLUDES THE BRIEFING WE HAVE FOR YOU AND WE ARE READY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE RELATIVE TO THE PROCESS OR TO THE RECOMMENDATION FOR TOMORROW'S MEETING.

THANK YOU. COUNCILMEMBER WYNN?

THANK YOU, MAYOR. I'M TRYING TO STUDY THIS SCHEDULE BECAUSE BACK IN AUGUST WHEN WE VOTED ON THIS, WE WERE TOLD THAT, AS YOU POINT OUT, THAT CONSTRUCTION WOULD ONLY RECOMMENCE IN MAY, AND SO I'M BACKING INTO, YOU KNOW, WHAT ACTION IS OCCURRING QUICKER TO GET TO THE MARCH STARTUP AGAIN. AND AUGUST WHEN THE DECISION WAS MADE TO GO TO CONSTRUCTION MANAGER AT RISK WE ALSO THEN HIRED THE ADDITIONAL CONSULTANT TEAM THAT YOU ALL MENTIONED EARLIER. I MEAN, HAVE THEY BEEN -- AND I THINK I REMEMBER THAT BEING A SIGNIFICANT PART OF THE PROJECTED TIME FRAME OF MAY OF '03'03 WAS TO GET A CONSULTANT ON BOARD TO HELP US DOING SOMETHING WE HAVEN'T DONE BEFORE. I GUESS A SLIGHT CONCERN MIGHT BE WHEN WE GET THE CONSULTANT ON IN TIME, AND HAS -- HAVE THEY ALLOWED US TO,, YOU KNOW,, LEARN A PROCESS THAT WE HAVEN'T DONE BEFORE IN A QUICK ENOUGH TIME TO DO THIS RIGHT IF WE ARE TO SELECT A CM AT RISK TOMORROW.

Garcia: COUNCILMEMBER WYNN, AT ABOUT THE SAME TIME AND I THINK IT MAY HAVE BEEN THE SAME MEETING. COUNCIL APPROVED $90,000 IF I'M NOT MISTAKEN, SO WE WERE ABLE TO BRING THEM ON BOARD IMMEDIATELY BECAUSE WE HAD ALREADY NEGOTIATED OR DISCUSSED THE SOAP SCOPE OF THE WORK WITH THEM. WE BROUGHT DR. BRODUS IN AS WELL WITHIN THE CITY MANAGER'S CONTRACTING AUTHORIZATION AND HAVE USED HIS SERVICES AND HIS INPUT THROUGHOUT THIS PROCESS AND WE EXPECT HIM TO BE THERE TOMORROW AT THE COUNCIL MEETING SHOULD YOU HAVE ANY QUESTIONS TOWARDS HIM, TRAVELLING RESTRICTIONS ON HIS PART NOTWITHSTANDING.

THE ACTUAL A&E CONSTRUCTION DOCUMENTS, THEY'RE COMPLETE S. -- CORRECT?

YES.

TALKING ABOUT THE WHOLE CONCEPT OF VALUE ENGINEER, IN THEORY THIS CM AT RISK IDENTIFIES THE [INAUDIBLE] OR SOME ISSUE THAT MIGHT SAVE MOAN BUT WE NOW HAVE TO GO BACK TO THE A&E CONTRACT AND PAY FOR CHANGE ORDER TO THE A&E CONTRACT NOW THAT THE CD'S ARE COMPLETELY DONE?

WELL, WE HAVE GONE THROUGH A VERY EXTENSIVE VALUE ENGINEERING EFFORT DURING THE DESIGN ALREADY. SO GENERALLY I WOULDN'T EXPECT THAT THERE'S A WHOLE LOT OF OPPORTUNITY FOR ADDITIONAL VALUE ENGINEERING. I THINK THE PRIMARY FOCUS OF VALUE ENGINEERING IN THE PRE-CONSTRUCTION PHASE IS TO ENSURE THAT WE CAN TWEAK AND FINE TUNE THE CONSTRUCTION COSTS TO MEET OUR BUDGET SHOULD THERE BE A DISCREPANCY. WE'RE CURRENTLY PREPARING A 100% CONSTRUCTION ESTIMATE. OUR CONSULTANTS ARE DOING THIS. WE EXPECT THIS TO BE FINISHED BY THE END OF THIS WEEK. AND THEN ONCE THE CONSTRUCTION MANAGER AT RISK IS ON BOARD AND WE START SOLICITING THE TRADE CONTRACTS, WE WILL GET A CLEARER IMAGE DURING PRE-CONSTRUCTION FROM THEM WHAT THEY BELIEVE THE ULTIMATE COSTS WILL BE, HOW CLOSE IT IS TO OURS AND WE WILL USE VALUE ENGINEERING TO THE EXTENT THAT THAT STILL MAKES SENSE AT THIS STAGE TO MAKE SURE THAT WE STAY WITHIN THE BUDGET AS MUCH AS IS POSSIBLE.

OKAY. THIS IS FRUSTRATING BECAUSE THE WHOLE CONCEPT OF CM AT RISK TO ME IS YOU GET SOMEBODY ON BOARD LONG BEFORE THE PLANS ARE EVEN DRAWN AND THAT'S WHERE THEY SAVE MILLIONS AND MILLIONS OF DOLLARS. IF THEY'RE ALREADY COMPLETE...

LET ME ADD ONE THING. I THINK THE VALUE ENGINEERING THAT IS GOING TO COME UP IS GOING TO BE RESTRICTED MORE PRIMARILY FOCUSED ON [INAUDIBLE] , BY THE CONTRACTOR AND MAYBE SOME OF THE DETAILING THAT IS CONTRACTOR IS GOING TO BE ABLE TO SUGGEST THAT WE CAN DO A LITTLE BIT SIMPLER. SO I DON'T FORESEE A WHOLE LOT OF CHANGE IN SCOPE IN THE & ASSOCIATES'S SERVICES IN ORDER TO INCORPORATE THOSE KIND OF CHANGES.

I AGREE, BUT ONLY BECAUSE THE CM AT RISK WON'T HAVE THE ABILITY TO VALUE ENGINEER ANYTHING BECAUSE IT'S ALREADY DRAWN. TALK TO ME A LITTLE BIT ABOUT WHEN THE INITIAL CONSTRUCTION TRADE SUBCONTRACTS ARE CHOSEN. I MEAN WHAT IS THAT PROCESS? I MEAN WILL THOSE ACTUALLY COME TO COUNCIL OR, YOU KNOW, NOW THAT WE HAVE -- IF WE HAVE A CM AT RISK, WHAT OTHER COUNCIL APPROVALS WOULD BE REQUIRED, IF ANY?

IN TOMORROW'S COUNCIL ACTION WE WILL ASK YOU TO APPROVE THE GENERAL CONDITIONS PACKAGE OF OVERHEAD PROFIT AND SOME ADDITIONAL ITEMS TO THE GENERAL CONDITION THAT THE PROPOSING FIRMS AND THE RECOMMENDED FIRMS HAVE INCLUDED. IN ADDITION WE'RE ALSO ASKING YOU TO APPROVE A CERTAIN AMOUNT OF FUNDING FOR PRE-CONSTRUCTION SERVICES AS PART OF TOMORROW'S CONTRACT AWARD. THAT WILL GIVE STAFF THE OPPORTUNITY TO WORK DIRECTLY WITH THE CONSTRUCTION MANAGER AT RISK TO SECURE THE SERVICES OF TRADES, SUBCONTRACTORS TO GET CONSTRUCTION ON THE SIDE STARTED AND WE WILL NOT COME BACK TO COUNCIL FOR APPROVAL ON THOSE BECAUSE THAT'S GIVEN WITH THE AUTHORIZATION OF FUNDING FOR THIS PURPOSE. THE INTENT TO ADVISE COUNCIL WITH REGULAR UPDATES ON WHAT WE'RE DOING IN THIS REGARD, BUT THERE'S NO COUNCIL ACTION ANTICIPATED UNTIL WE HAVE THE FINAL OVERALL CONTRACT PACKAGE WITH ALL TRADES FOR THE FINAL CONSTRUCTION TOGETHER SO THAT WE CAN BRING THE GUARANTEED MAXIMUM PRICE FROM THE CONSTRUCTION MANAGER AT RISK BACK TO COUNCIL FOR FINAL APPROVAL WITH ALL OF THE COMPLIANCE NUMBERS AND THE WHOLE PACKAGE.

WHEN DO YOU ANTICIPATE THAT OCCURRING?

WE ANTICIPATE THAT AT THIS POINT IN TIME, SOMEWHERE I THINK IN THE MARCH-APRIL TIME FRAME.

OKAY. OKAY. THANK YOU. THAT'S ALL, MAYOR.

IN TERMS OF THE PRE-CONSTRUCTION SERVICES, THAT'S WHERE WE HAD STIPULATED SOME GOALS ALREADY FOR MWBE PARTICIPATION. I GUESS I'M TRYING TO FIGURE OUT HOW AUTHORIZING THE PRE-CONSTRUCTION SERVICES AND HOW THAT IS DIFFERENT FROM THE OTHER TRADES.

Garcia:@.

ONE IS RELATIVE TO THE PRE-CONSTRUCTION SERVICES PERFORMED BY THE CONSTRUCTION MANAGER AT RISK HIMSELF, SUCH AS VALUE ENGINEERING, ET CETERA, WHICH I'M NOT PART OF THE FEE THAT IS CONTAINED IN THEIR BASIC PRICE PROPOSAL. IN ADDITION, OR SEPARATELY FROM THAT, IF WHAT WE ARE LOOKING FORWARD TO THEM TO DO, IF THEY GO FORWARD AND HIRE CERTAIN TRADES, CONTRACT FOR CONCRETE WORK, MECHANICAL, ELECTRICAL, PLUMBING, IN ORDER TO GET THE SITE WORK STARTED AGAIN, THEN THOSE TRADES WILL BE SUBJECT TO THE SEPARATE PARTICIPATION GOAL FOR THE CONSTRUCTION OF THIS PROJECT. SO THERE ARE TWO DIFFERENT SETS OF PARTICIPATION NUMBERS THAT APPLY TO THE PRE-CONSTRUCTION PHASE. ONE IS PRE-CONSTRUCTION SERVICES AND ONE IS AS WE WOULD CALL ITERLY TRADES PACKAGE.

YES. SO TYPICALLY WHEN WE LOCK AT THE REGULAR PROCESS WITH THE LOW BID THEN I GUESS YOU APPROVE ALL OF THESE SERVICES THEY'RE PROVIDING AT ONE TIME?

THAT IS CORRECT. AND WE WOULD HAVE JUST ONE NUMBER BASICALLY, I MEAN ONE PARTICIPATION GOAL FOR THE ENTIRE PACKAGE INCLUDING ANY KIND OF GENERAL CONDITIONS OR OVERHEAD FUNCTIONS OR NUMBERS THAT ARE IN THE CONTRACT BID.

SO IN TERMS OF THE PRE-CONSTRUCTION SERVICES, THAT WAS SOMETHING THAT WE ASKED THE RESPONDERS TO ADDRESS HERE OR GIVE A BID OR SUBMIT A PROPOSAL REGARDING, YOU KNOW, THAT PARTICULAR ASPECT OF THE WORK?

NO, THE PRE-POLEPROPOSAL SERVICES WILL BE NEGOTIATED AFTER WE RECEIVE AUTHORIZATION TOMORROW. WE HAVE RECEIVED SUGGESTIONS FROM THE PROPOSALS AS TO WHAT KIND OF PRE-PROPOSAL -- I MEAN PRE-CONSTRUCTION ACTIVITIES AND WHAT EXTENT THEY WOULD WANT TO ENGAGE IN THOSE, BUT THERE WERE NO SPECIFIC PRICING, THAT IS PART OF NEGOTIATION.

SO THAT PART WAS -- I NOTED THERE WAS TWO ESTIMATES IN TERMS OF COSTS THEY PROVIDED, ONE WAS TO THE FEE AND ONE WAS --

CORRECT.

I'M TRYING TO FIGURE OUT WHAT THAT OTHER PART WAS.

THEY PROVIDED TWO STIPULATED SUMS PRETTY MUCH LOCKED IN FOR FEE, AND THEN TWO ESTIMATES WERE PROVIDED, ONE FOR THE PRE-CONSTRUCTION SERVICES SCOPE WHICH IS STILL TO BE OTOTHE SCOPE IS STILL TO BE NEGOTIATED AS WELL AS THE COST AND THEN THEIR ESTIMATE FOR THE INITIAL TRADE PACKAGE.

YES. WE ASKED THE CONSTRUCTION MANAGER TO TELL US WHAT WE THOUGHT HE WAS GOING TO NEED TO DO DURING THE PRE-CONSTRUCTION SERVICES AND THEN GIVE US AN ESTIMATED COST FOR THIS. THIS IS STILL SUBJECT FOR NEGOTIATION.

THAT'S WHAT I WAS GOING TO ASK, THEIR ASSUMPTION OF GENERAL CONDITIONS WOULD BE DIFFERENT FROM OURS.

THERE ARE ONLY TWO HARD PRICES WHICH THE COUNCIL WILL APPROVE AND THAT IS THE GENERAL CONDITIONS AND THE OTHER TWO COMPONENTS ARE NEGOTIABLE, BUT WE NEEDED TO FIND OUT SOME RANGE OF COST SO THAT WE COULD BRING IT TO COUNCIL SO WE COULD GET AUTHORIZATION TO MOVE FORWARD INTO NEGOTIATION.

THANK YOU.

Garcia: OTHER QUESTIONS FOR RICK?

TWO OF THEM ARE KIND OF QUALIFIERS, KIND OF CLARIFICATIONS THAT I'M NOT SURE I FOLLOWED. SOUNDED LIKE YOU SAID TWO DIFFERENT THINGS SO I KNOW I WASN'T CATCHING WHAT I WAS SUPPOSED TO. BUT ONE THING IS MORPHINEFINITE. WILL THE CONTRACT INCLUDE PENALTIES FOR GOING OVER SCHEDULE.

THE FINAL SCHEDULE HAS NOT YET AGREED UPON WITH THE CONTRACTOR AND SO ONCE IT'S NEGOTIATED IT WILL BE SUBJECT TO THE USUAL LIQUIDATED DAMAGES PROVISION WHICH IS WHAT I WOULD ANTICIPATE THAT WE HAVE FOR ALL CONSTRUCTION CONTRACT.

YES. I ASSUMED SINCE WE HAD A TIME LINE HERE, SINCE THAT APPARENTLY WAS PART OF WHAT WAS OFFERED IN THE BIG RESPONSE, THAT THAT WAS NO LONGER NECESSARY TO NEGOTIATE.

WELL, THE TIME LINE IS DEPENDENT UPON WHEN WE GET COUNCIL AUTHORIZATION AND THEN THE ULTIMATE CONTRACT IS NEGOTIATED SO IT DEPENDS ALL WHEN THE WORK ACTUALLY GETS STARTED, BUT THE INTENT IS TO FINALIZE THE CONSTRUCTION PERIOD WITH THE CONSTRUCTION MANAGER AT RISK. THAT IS ONE OF THE REASONS TO GO WITH THIS CONCEPT TO DETERMINE WHAT AN ACHIEVABLE CONSTRUCTION SCHEDULE IS FOR THIS WORK. AND THEN NAIL IT DOWN AND MAKE IT PART OF THE OVERALL CONTRACT AND THE MAXIMUM AGREED PRICE THAT IS TIED TO THE SCHEDULE. AND AGAIN, AS I SAID, THAT WILL INCLUDE LIQUIDATED DAMAGES IF THE CONTRACT OR THE CONSTRUCTION MANAGER AT RISK FAILS TO MEET THAT SCHEDULE THAT IS AGREED UPON.

OKAY. SO JUST TYPICAL PENALITIES FOR HIM NOT LIVING UP TO THE PROVISIONS.

CORRECT, OB A DAILY BASIS BASED ON CERTAIN CALCULATIONS OF LOSS TO THE CITY OF AUSTIN INCURRED AS A RESULT OF THE DELAY.

OKAY. SOMETHING YOU SAID, ONE OF THE OTHER THINGS I DIDN'T FOLLOW. WHEN COUNCILMEMBER WYNN ASKED WHEN WE WANTED AS COUNCIL SEE SOMETHING ELSE. I'M NOT FOLLOWING THAT. WE'RE NEGOTIATING -- WE'RE GOING TO PASS A MOTION TO NEGOTIATE AND EXECUTE SO WHAT EXACTLY COMES BACK TO US?

WHAT WILL COME BACK TO COUNCIL IS THE GUARANTEED MAXIMUM PRICE WHICH IS THE SUM TOTAL OF THE CONSTRUCTION -- THE COST ELEMENTS YOU ARE ASKED TO APPROVE TOMORROW, INCLUDING THE PRE-CONSTRUCTION AND ALL OF THE TRADES PACKAGES, OR SUBCONTRACTS THAT WILL BE BOUGHT OUT IN ORDER TO PROVIDE FOR COMPLETE CONSTRUCTION PACKAGE. AND THAT WILL COME BACK AS A SINGULAR SUM WITH A STIPULATED SCHEDULE TO COUNCIL FOR APPROVAL.

AND WHY DO YOU THINK THAT WILL TAKE 'TIL MARCH?

WELL, ACTUALLY THAT IS -- THE REASON WHY THAT TAKES SO MUCH IS BECAUSE, A, WE STILL HAVE TO NEGOTIATE THE CONTRACT, OR FINALIZE THE CONTRACT OVER THE NEXT TWO TO THREE WEEKS WITH THE CONSTRUCTION MANAGER AT RISK AFTER WE RECEIVE AUTHORIZATION FROM COUNCIL. WE HAVE TO GIVE THE NOTICE TO PROCEED. SUBSEQUENTLY THEY WERE MOBILE IZE. THEY WILL START LOOKING AT CONSTRUCTABILITY ISSUES, PACKAGING THIS PROJECT AS TO HOW THEY INTEND TO GO OUT WITH SUBCONTRACT WORK WITH CONCRETE FOR INSTANCE WILL INCLUDE REINFORCEMENT AND FINISH INITIALLING OR WHETHER THERE WILL BE THREE DIFFERENT PACKAGE, ONE FOR CONCRETE SUPPLY, ONE FOR REINFORCEMENT, FORMING, ONE FOR FINISH INITIAL, SO THOSE KIND OF DECISIONS THEY WILL HAVE TO MAKE IN THE NEXT FEW WEEK, PLUS WE'RE LOOKING AT VALUE ENGINEERING, WE'RE LOOKING AT THE BUDGET ISSUES, AND WE HAVE TO GO THROUGH THE PROCESS, AS COUNCIL HAS ASKED US TO DO, TO GO OUT OR THE CONSTRUCTION MANAGER AT RISK HAS TO GO THROUGH THE PROCESS OF SOLICITING PROPOSALS FROM THE SUBCONTRACTORS, RATHER THAN GOING THROUGH A NORMAL BID PROCESS FOR THE SUBCONTRACT WORK AND THEN EVALUATE THESE PROPOSALS AND PUT THE WHOLE PACKAGE TOGETHER TO ASK, WE APPROVE IT, ENTER INTO THE CONTRACT, AND IT'S ALL BINDING AT THAT TIME. SO IT'S A MORE INVOLVED PROCESS THAN WHAT WE NORMALLY WOULD HAVE ON A CONSTRUCTION CONTRACT.

RIGHT. RIGHT. I JUST HAD ASSUMED THAT WE HAD MUCH MORE IN HAND AT THE BEGINNING OF THIS PROCESS, A LOT MORE, YOU KNOW, ESTIMATED TIME, COST, EVEN [INAUDIBLE] AND THE ACTUAL WORK AND THAT WAS THE REASON FOR OUR LITTLE LATER SCHEDULE ESTIMATION. SO NOW WE'RE ESTIMATING THAT IT COULD BE PRETTY CLOSE TO WHAT IT WAS NORMALLY, BUT -- WELL, I DON'T KNOW. I'LL LEAVE IT TO YOU. I'LL JUST-- IN LOOKING AT THE SPREADSHEET HERE, I'M JUST NOT GETTING THE CORRELATION TO WHY THE TIME FRAMES WRITTEN DOWN ARE ACTUALLY NECESSARY TO WHAT I SEE HERE, ALTHOUGH I UNDERSTAND THOSE ARE REAL THUMBNAIL SKETCHES.

IF YOU LOOK AT THE STEPS TO BE ACCOMPLISHED, TO COUNCIL ACTION ON SELECTION SCHEDULED FOR TOMORROW, THEN THE NEXT THING IS COMPLETE NEGOTIATION EXECUTION OF CONTRACT IS FINE. NORMALLY IN A HOD BED, THERE'S NO NEGOTIATION, WE TELL THEM COUNCIL HAS AN ORDER TO CONTRACT WITHIN TEN DAY, SEND US YOUR BID FUNDS AND SCHEDULE THE PRE-CONSTRUCTION CONFERENCE, NOTICE TO PROCEED IS AWARDED AND ALL THAT TAKES SOMEWHERE BETWEEN TWO TO FOUR WEEKS. HAD THIS IS DIFFERENT BECAUSE WE STILL HAVE TO NEGOTIATION AND THAT IS ONE OF THE ADVANTAGE, I GUESS, IF YOU LOOK AT IT THAT WAY OF THE CONSTRUCTIONING MANAGER AT RISK CONCEPT.

THEY HAVE TO FOLLOW A QUALIFICATION REGIMEN THAT THEN WILL HAVE TO BE EVALUATED, SCORED AND DETERMINED AS TO WHAT THE BEST VALUE OF THAT PROPOSAL IS, SO ALL OF THESE ARE MORE TIME CONSUMING STEPS THAN WHAT WE FORMALLY HAVE, BUT I THINK WE'VE DEMONSTRATED WITH BRINGING THIS ACTION TO YOU ON TOMORROW THAT WE'RE MAKING EVERY EFFORT POSSIBLE TO KEEP THE SCHEDULE ON THE FAST TRACK AND MAKE UP COMPARED TO THE ORIGINAL CONCEPT.

LET ME ASK YOU IF THE PROJECTED COMPLETION DATE AT THIS TIME, MONTH X, CAN THAT NOT BE AN ABSOLUTE THAT WE PUT FORWARD?

NO. AND THE REASON FOR THAT IS IF, FOR INSTANCE, WE FAIL TO NEGOTIATE AN AGREEMENT WITH THE SELECTED FIRM BY JANUARY, WE WOULD HAVE TO GO TO ANOTHER FIRM AND THAT MEANS WE ARE STARTING THIS WHOLE PROCESS OVER AGAIN. SO THERE ARE VARIABLES IN THERE THAT WE DON'T HAVE FULL CONTROL OVER AT THIS POINT IN TIME. THEY WILL REDUCE IN NUMBER AS WE PROCEED WITH THIS, IN OTHER WORDS SCHEDULE WILL GET SMALLER AND SMALLER AS WE PROCEED WITH THIS.

MAYOR PRO TEM, ONE OF THE COMPLEXITIES THAT WE'RE GOING TO HAVE TO GET -- WE HAVE NOT BEEN ABLE TO SIT DOWN WITH A CONTRACT OR ACTUALLY TALK TO THEM ABOUT THE ACTUALS OF GETTING THE PROJECT BUILT, BUT THE LEAD PROCESS ADDS SOME COMPLEXITIES FROM A SCHEDULING STANDPOINT THAT WE'VE NOT EXPERIENCED IN THE PAST AND THAT IS TO SAY UNLIKE THE CONVENTION CENTER WE DON'T GET A MEET AN OPENING DAY WHILE THE BUILDING IS FUNCTIONING AND SPEND A BUNCH OF TIME AFTERWARDS TO MAKE PUNCH LIST AND DO SOME OF THE FINAL COMPLEEGZ OF CONSTRUCTION. WITH THE LEAD PROCESS PRIOR TO FLUSH OUT WHICH IS A TWO WEEK PERIOD WHEN THE BUILDING IS SITTING IDLE AND DORMANT WHILE THE GASSES ARE LEAVING THE BUILDING, YOU HAVE TO HAVE ALL THE FURNITURE INSTALLED, ALL OF THE COMPUTERS INSTALLED, WE HAVE TO HAVE ALL OF THE AUDIO INDIVIDUAL YES AND TECHNOLOGY INCLUDED, SO WE HAVE NOT YET HAD AN OPPORTUNITY TO SIT DOWN WITH A CONTRACTOR AND SAY, OKAY, PUTTING IN THESE ADDITIONAL COMPLEXITIES IN THE SCHEDULING OF EVERYTHING ELSE, WHAT IS THIS GOING TO TAKE FROM A SCHEDULING STANDPOINT? SO WE HAVE GOTTEN COMMITMENTS FROM THE CONTRACTORS OF THE CONSTRUCTION MANAGERS ON THE 440 DAY SCHEDULE THAT WE HAD ORIGINALLY ENVISIONED THAT WE SET ABOUT 2 YEARS AGO BY BASICALLY BACKING INTO IT, BUT WE HAVE NOT REALLY TAKEN INTO ACCOUNT THE ACTUAL SITUATIONS RELATING TO SOME OF THE OTHER COORDINATION ITEMS THAT WE'RE ASKING THEM TO -- OR THE FIRMS TO, SO...

WELL, DO YOU HAVE A SPECIFIC DATE IN YOUR MIND OVER WHICH IT WOULD NOT BE A SUCCESS ANY LONGER THAN THAT WOULD NOT BE A SUCCESSFUL NEGOTIATION AND RELATIVE TO THAT, DO YOU HAVE A DEADLINE READY TO GO TO THE SECOND RECOMMENDATION IF YOU CAN?

YES, WE'RE LOOKING AT THE MIDDLE OF JANUARY TO HAVE THE CONTRACT IN PLACE. IF WE GET THE SENSE BEFORE THAT THAT WE'RE UNABLE TO NEGOTIATE SUCCESSFULLY, WE'LL COME BACK.

EVERYONE STATED DURING THE INTERVIEW, EVERYBODY KNEW THAT IF WE GET THE GO AHEAD ON THURSDAY, EVERYBODY WILL BE SITTING DOWN AND STARTING THE PROCESS. SO I THINK EVERYBODY UNDERSTANDS THAT WE'RE GOING TO BE HARD INTO IT BY THE FIRST OF THE YEAR, SO WE'VE ALL TALKED ABOUT THE FACT THAT WE WERE LOOKING AT AN ACTUAL CONTRACT BEING NEGOTIATED, SOME FIRM THINGS IN PLACE BY MID JANUARY. IF WE CAN'T MEET THAT SCHEDULE THEN WE DON'T NEED TO CONTINUE ON AND WE'RE LOOKING TO GO FORWARD THE NEXT...

YOU'RE SAYING YOU WOULD NEED THE CONTRACT TO BE IN HAND OR SO CLOSE VIRTUALLY FINISHED BY MID JANUARY?

ABSOLUTELY.

RIGHT.

THAT'S WHAT WE'RE LOOKING AT.

AND THAT'S WITH COMPLETION DATE OF JUNE OR IF IT'S BEYOND THAT BY THE TIME YOU NEGOTIATE, [INAUDIBLE] TELL COUNCIL WHAT THE PROJECTED DATES...

MAYOR PRO TEM, THE COLUMN YOU MAY WANT TO LOOK AT RIGHT NOW BASED ON THE PROCESS THAT WE'RE FOLLOWING IS THE FIRST COLUMN AND WE'RE LOOKING AT SUMMER OR AUGUST OF 2004 IS THE CURRENT SCHEDULE THAT WE'RE ANTICIPATING TO MEET. IN OTHER WORDS THE LAST TWO MAY AND JUNE WERE THE PREVIOUS PROCESSES COMPETITIVE BID OR COMPETITIVE SEALED PROPOSAL AND THEN THE SECOND COLUMN FROM THE LEFT IS ACTUALLY WHAT WE INDICATED TO YOU IN AUGUST WITH THE FALL OF 2004 COMPLETION DATE AND WE ALREADY HAVE MADE GOOD SOMEWHAT ON THAT SO FAR BUT THE FIRST COLUMN REALLY IS WHAT YOU NEED TO LOOK AT RELATIVE TO THE SCHEDULE THAT WE'RE PURSUING BASED ON THIS METHODOLOGY. IF WE CAN CONTINUE TO IMPROVE ON IT, WE'LL DO WHATEVER WE CAN TO DO THAT.

WELL, I WOULD SUGGEST THAT IT'S IN EVERYBODY'S INTEREST TO DO THAT, AND SORRY, I WAS LOOKING AT THE WRONG COLUMN. IT HAS BEEN A LONG TIME SINCE WE SAID WE WERE GOING TO BID CITY HALL, BOTH CSD BUILDINGS ARE UP, BEING USED, AND A LOT OF FOLKS ROUTINELY SAY, SO, WHERE IS CITY HALL? WHAT ARE WE DOING? WHEN IS ANYBODY GOING TO DO ANYTHING ABOUT THAT?

SO THERE'S AN ANTICIPATION FROM THOSE WHO DIDN'T LIKE THE ARCHITECT AND DESIGN TO GET IT UP AND GET IT DONE AND SOMETHING BESIDES JUST A SAFE BETWEEN CSD. I AM ONE OF THOSE. I WOULD LIKE TO WALK IN BETWEEN THAT BUILDING BEFORE MY TERM IS UP. IT'S BEEN -- I CAN'T REMEMBER WHEN WE STARTED DOING THIS? WHAT YEAR WAS THAT?

IT ALMOST DEPENDS ON WHICH TIME WE'RE TALKING ABOUT, WHICH CITY HALL CONCEPT. NATHAN, YOU WILL PROBABLY REMEMBER BETTER THAN I. WE UNDERSTOOD THAT...

I THOUGHT WE WERE GOING REAL FAST.

I KNOW.

YOU KNOW, IN FAIRNESS TO THE PROCESS, YOU HAVE A MASSIVE UNDERGROUND PARKING STRUCTURE IN PLACE. YOU ARE IN THE FINAL STEPS HERE. WE KNEW WHEN WE CHANGED OUR METHODOLOGY THAT THERE WOULD BE BENEFITS AND THERE WOULD BE A LOSS OF TIME, SO OUR COMMITMENT TO YOU IS WE'RE GOING TO DO EVERYTHING WE CAN TO SHAVE THE TIME DOWN BECAUSE...

Garcia: BUT NATHAN PUT THE NOOSE AROUND HIS NECK AND DID THIS.

YES, HE DID. NATHAN'S OFFICE IS ALL DEPENDENT ON THE TIME FRAME OF COMPLETION OF CITY HALL.

I KNOW THIS.

Garcia: YOU KNOW, YOU'RE AN EMPLOYEE AT WILL. YOU KNOW THAT. [LAUGHTER]

I'LLND BY SAYING THE PARTICIPATION IS GREAT BY ANYBODY, AND WHEN WE WENT TO THE MANAGER AT RISK INSTEAD OF THE OLD BID PROCESS, THOSE WHO REALLY UP PORTED US BY DOING THIS, ALSO SAID THEY WERE RECEIVED THAT IT WAS MORE THAN POSSIBLE TO GET VERY CLOSE TO THE ORIGINAL ESTIMATED COMPLETION DATE SO IT'S NOT ALL OUR RESPONSIBILITY, IT'S ALSO THE RESPONSIBILITY OF THOSE WHO SAID THIS WAS A BETTER WAY.

RIGHT.

ABSOLUTELY. AND ONCE WE ACTUALLY SIT DOWN WITH FOLK, IT'S TO THEIR BENEFIT ALSO. THEIR PROFIT IS BASED ON X AMOUNT OF TIME. SO THEY WANT TO GET IT OVER AND DONE WITH ALSO. SO I DON'T THINK ANYONE IS SLOWING DOWN THE PROCESS. IT'S JUST HAPPENS THAT WAY.

Garcia: OKAY. THANK YOU VERY MUCH. WE HAVE ONE MORE REPORT THAT WE WANT TO DO BEFORE WE LEAVE SO WE'LL GO TO THAT ONE NOW. THE FINAL REPORT AND RECOMMENDATIONS ABOUT A CULTURAL ARTS CONSULTANT REGARDING THE CITY'S CULTURAL ARTS PROGRAM, AND THANK YOU SO VERY MUCH FOR WAITING ON US. I TOLD THE CITY MANAGER THAT SINCE YOU WERE SO PATIENT, WE WILL BE PATIENT WITH YOU, TOO. GIVE YOU HALF AN HOUR.

THANK YOU.

Garcia: IF YOU CAN DO IT IN LESS TIME... BY ALL MEANS. WELCOME, EVERYBODY.

THANK YOU.

THANK YOU.

MAYBE AS WE'RE TRYING TO WORK THROUGH THE TECHNOLOGY ISSUE HERE, YOU MIGHT GO ON AND GO ON AND GET STARTED WITH INTRODUCTIONS AND...

OKAY. GOOD MORNING. AND THE GREETINGS OF THE SEASON.

Garcia: GOOD AFTERNOON.

OH, IT CERTAINLY IS. I PLANNED FOR MORNING, MAYOR. I PLANNED FOR MORNING. [LAUGHTER] AND THE GREETINGS OF THE SEASON TO YOU, MAYOR GARCIA, PROTESTIMONY GODMAN. WE COME BEFORE YOU TODAY TO PRESENT OUR FINDINGS AND RECOMMENDATIONS FOR ENHANCING THE CITY OF AUSTIN SUPPORT FOR ITS CULTURAL ARTS AND CREATIVE COMMUNITY. EXCUSE ME JUST A SECOND. IT'S READY ME YET. AND ON BEHALF OF THE CONSULTING TEAM, I WANT TO THANK YOU, THE CITY STAFF, THE ARTS COMMISSIONER, THE ARTS COMMUNITY AND OTHER VOLUNTEERS FOR SHARING WITH US YOUR HOPES AND YOUR DREAMS AN WE'VE TRIED TO PUT FORM TO THOSE VERY CLEARLY ARTICULATED VISIONS OF HAVING A VERY VIBRANT AND PROSPEROUS CULTURAL COMMUNITY IN AUSTIN. I APOLOGIZE. GOT TO WARM UP THE TIME IT'S GOING TO TAKE TO WARM UP. JOINING ME THIS MORNING TO PRN OUR PRESENTATION...

Garcia: [INAUDIBLE]

THE GUY WHO IS HELPING ME WITH MY TECHNOLOGY HAS A SENSE OF HUMOR. I DON'T KNOW WHAT THAT IS ACTUALLY. IN JOINING ME THIS MORNING TO PRESENT OUR RECOMMENDATIONS ARE MY COLLEAGUES WHO YOU WILL REMEMBER, MARIAM McCOLUMN AND EDWARD DOUGHs DIAZ. WE BEGAN WORK ON A PROJECT 120 DAYS AGO ON A PROJECT TO DESIGNED TO LAY A FOUNDATION AND CREATE A CULTURAL FUTURE FOR AUSTIN. AS YOU MAY RECALL FROM OUR PRESENTATION IN OCTOBER, OUR SCOPE HAS 4 COMPONENTS. THE RESULTS OF WHICH HAVE BEEN PRESENTED TO YOU OVER TIME FOR BOTH YOUR REVIEW AND COMMENT AND FIRST BUILDING ON THE DRAFT REPORT ISSUED BY THE OFFICE OF THE CITY AUDITOR, WE PERFORMED AN EVALUATION OF THE CURRENT CULTURAL ARTS FUNDING PROCESS. SECONDLY WE THEN IDENTIFIED AND ANALYZED -- THERE IT IS. SO SECONDLY, WE IDENTIFIED AND ANALYZED MODEL PROGRAMS FROM AROUND THE NATIONS. THIRDLY, WE IDENTIFIED ALTERNATIVES AND RELATED STRATEGIES TO DEFINE THE DIALOGUE TO KEEP STAKE HOLDERS AND LASTLY WE'VE PREPARED A REPORT IN THIS PRESENTATION TO DETAIL OUR FINDINGS AND MAKE RECOMMENDATIONS FOR YOUR REVIEW AND YOUR CONSIDERATION. OUR PRESENTATION WILL BE SHORT, SWEET AND SIMPLE. I'LL PRESENT THE JUST AS PART OF THE PRESENTATION, I'LL START WITH SUMMARY. AND DESCRIBE THE DELIVERABLES AND TURN IT OVER TO MY COLLEAGUE WHO WILL TALK ABOUT OUR RECOMMENDATIONS FOR THE DEVELOPMENT OF UNDERLYING PUBLIC POLICY AND PRESENT FOR YOUR CONSIDERATIONS A STRUCTURE AND FUNCTION OF THE NEWLY CONSTITUTED ARTS AGENCY. FOLLOWING HER PRESENTATION, EDUARDO DIAZ WILL CONVEY THOUGHTS. HE'S ALSO TALK ABOUT COMMUNICATIONS AND RELATIONSHIPS IN SUPPORT AND SOURCES. I'LL CLOSE THE PRESENTATION OF RECOMMENDATIONS OF NEXT STEPS AFTER WHICH WE WILL SOLICIT YOUR COMMENTS AND YOUR QUESTIONS. SO WE BEGAN THIS PROJECT WITH AN EXTENSIVE REVIEW OF RELEVANT BACKGROUND MATERIALS, REPORTS, PLANS, MEETING MINUTES. WE REVIEWED THE MATERIALS AND SURVEYED OVER 21 LEADING ARTS AGENCIES ACROSS THE NATION, ABOUT THEIR POLICIES, PROGRAMS, PROCESSES, FUNDING AND OPERATION, USING A VERY OPEN PROCESS, WE'VE CONDUCTED NEARLY 50 INTERVIEW, WE HOSTED AN OPEN SPACE MEETING THAT WAS OPEN, ATTENDED TO BUY APPROXIMATELY 70 COMMUNITY MEMBERS OF AUSTIN, ATTENDED NINE MEETINGS AND VETTED ALTERNATIVES WITH 13 KEY LEADERS AND STAKE HOLDERS. WE PROVIDED 3 WRITTEN REPORTS TO COUNCIL, STAFF AND THE ARTS COMMISSION THAT ORGANIZED AROUND 7 MAJOR TOPICS INCLUDING PUBLIC POLICY, STRUCTURE AND THE FUNCTION OF A LOCAL ARTS AGENCY, ARTS AND ECONOMIC DEVELOPMENT, ARTS AND COMMUNITY DEVELOPMENT AND SUPPORT AND RESOURCES. THE EVALUATION REPORT CRITICALLY EXAMINED THE CURRENT PROCESS HIGHLIGHTING AREAS FOR ENHANCEMENT. THE SECOND REPORT SUMMARIZED HOW LEADING ARTS AGENCIES ADDRESSED THESE 7 MAJOR TOPICS IN THEIR OWN COMMUNITIES AND PROVIDED US WITH A JUMPING-OFF POINT FOR AUSTIN. THE THIRD OR THE ALTERNATIVE REPORT THE FINDINGS IN THE SECOND REPORT DOWN TO TWO OR THREE POSSIBLE ALTERNATIVES TO AUSTIN. YOU RECENTLY RECEIVED THE FINAL COPY THAT COMPANIONS THIS PRESENTATION AND IN ADDITION WHEN ASKED WE ALSO MADE SOME RECOMMENDATIONS FOR THE INTERIM FUNDING PROCESS. WE'LL BEGIN AT THE BEGINNING AND MARION WILL DISCUSS THE ROLE OF PUBLIC POLICY.

THANKS, LUCYINGS AND GOOD AFTERNOON AGAIN. WHAT IS THE FIRST STEP IN GAINING THE GREATEST BENEFITS FROM AUSTIN'S ARTS INVESTMENTS BOTH FOR ARTISTS AND ARTS ORGANIZATIONS AND THE AUSTIN COMMUNITY? THE FIRST STEP IS ARTS POLICY THAT CLEARLY ENUNCIATES THE PURPOSES FOR FUNDING THE ARTS AND INTEGRATES THE ARTS INTO AUSTIN'S OVERALL PRIORITIES. THE 1986 ORDINANCE THAT ESTABLISHED CULTURAL POLICY FOR DEVELOPMENT OF A PROGRAM FOR CULTURAL CONTRACTS COULD HAVE PROVIDED POLICY GUIDANCE FOR MARCHMORE THAN THAT IF IT HAD BEEN MORE EFFECTIVELY USED. BUT EVEN SO IT LIMITS CREATIVE AND PRODUCTIVE ARTS DEVELOPMENT. CONSEQUENTLY THE FIRST STEP IS CREATION OF CULTURAL ARTS POLICY FOR AUSTIN THAT IS CURRENT, THAT RELATES TO BROADER CITY POLICY AND PRIORITIES AND CAN GIVE PURPOSE AND DIRECTION TO THE CITY'S PARKS PROGRAMS AND SERVICES AND WHO ARE THE LEADERS THAT CAN TAKE THE STEP DOWN THAT PATH? YOU AS MEMBERS OF CITY COUNCIL HAVE THE AUTHORITY TO REVISIT THE 1986 ORDINANCE, CONSIDER ITS LIMITATIONS IN TERMS OF TODAY'S CHALLENGES AND OPPORTUNITIES. YOU COULD THEN ENACT COMPREHENSIVE CULTURAL ARTS POLICY THAT BECOMES THE CATALYST FOR A DYNAMIC CHAIN REACTION LEADING TO ARTS DEVELOPMENT AND ITS RELATED IMPACT ON COMMUNITY PROSPERITY. IN OUR SURVEY OF LOADING LOCAL ARTS AGENCIES, WE NOTICED A NUMBER OF CITIES WERE IN THE MIDST OF JUST SUCH A PROCESS UPDATING IN ORDER TO MAKE THE ARTS MORE A PART OF THE COMMUNE'S VISION FOR THE FUTURE, ITS QUALITY OF PLACE, ITS ECONOMY, ITS ATTRACTIVENESS TO THE CREATIVE CLASS, BUSINESS AND VISITORS. HOW WOULD COMPREHENSIVE PUBLIC POLICY EXPAND OPPORTUNITIES FOR ARTS AND CULTURE IN AUSTIN? IT WOULD REMOVE CURRENT CONSTRAINTS, OPEN OPPORTUNITIES AND CONTAIN POLICIES THAT STATE THE PURPOSE FOR PUP LICK FUNDING FOR THE ARTS. INTEGRATE ARTS DEVELOPMENT INTO THE BROADER POLICIES AND PRIORITIES OF CITY GOVERNMENT INCLUDING ECONOMIC GROWTH AND JOB CREATION, POLICY THAT ADDRESSES ISSUES OF EQUITY, POLICY THAT CONSIDERS REGIONAL OPPORTUNITIES, INCLUDES REFERENCE TO CONFLICT OF INTEREST POLICY AND CLASS THE ROLE OF THE LOCAL ARTS AGENCY. IN COLLABORATION WITH POLICY EXPERTS IN LOCAL UNIVERSITIES AND STATE GOVERNMENT. ONCE ADOPTED BY CITY COUNCIL AND BROADLY PROMULGATED TO ALL STAKE HOLDERS, NEW CULTURAL ARTS POLICY WOULD THEN PROVIDE THE FOUNDATION THAT IS NEEDED FOR REBUILDING THE ARTS INFRASTRUCTURE, FOR GOIDING DECISIONS ON GOVERNANCE AND STAFFS OF THE ART AGENCY AND SHAPING PROGRAMS AND SERVICES AND FOR CLARIFYING QUESTIONS ABOUT THE PURPOSES FOR WHICH AUSTIN INVESTS IN ITS ART ASSETS. WITH THIS POLICY AS A FOUNDATION, STRUCTURE AND FUNCTIONS OF LOCAL ARTS AGENCIES CAN BE EFFECTIVELY BUILT. THOUGH MANY LOCAL ARTS AGENCIES WERE INITIALLY LOCATED IN PARKS DEPARTMENTS AND SERVED PRIMARILY AS GRANT MAKER AND PRESENTING ORGANIZATION, NONE OF THE LEADING ARTS AGENCIES WE SURVEYED REMAINED IN THE PARKS DEPARTMENT NOR WERE THEIR ACTIVITIES LIMITED TO PROVIDING CULTURAL CONTRACTS AND PRESENTING PERFORMANCES AND EXHIBITS. THEY DID MAINTAIN, HOWEVER, CLOS THEY DID MAINTAIN, HOWEVER, CLOSE WORKING RELATIONSHIPS WITH PARKS DEPARTMENTS. SOME AGENCIES WERE PART OF LOCAL GOVERNMENT, OTHER AGENCIES WERE PRIVATE AGENCIES DESIGNATED BY THE -- BY GOVERNMENT AS THE OFFICIAL ARTS AGENCY. THE PRIVATE AGENCY APPEARS TO HAVE MORE FLEXIBILITY, BROADER CIVIC ALLIANCES AND GREATER FUND RAISING CAPABILY, WHICH MAY BE LEVANT AT TS POINT. AUSTIN STAKE HOLDERS TT WE VETTED THOSE ALTERNATIVES WITH RESPONDED VERY POSITIVELY TO THE PRIVATE MODEL WITH PUBLIC STANDING. TO COORDINATE AND STINLATE CULTURAL DEVELOPMENT, WE RECOMMENDED CITY COUNCIL AUTHORIZE AN ORGANIZATIONAL TRANSITION TO A FUL SERVICE PRIVATE, NONPROFIT ARTS AGENCY OVER A PERIOD OF APPROXIMATELY 2 YEARS. IT WOULD ACCOMPLISH THIS BY FIRST AGGREGATING THE FUNCTIONS OF CULTURAL CONTRACTS, ART IN PUBLIC PLACES AND CIVIC ART AND DESIGN MERGED AND THE OFFICES O MUSIC AND FILM AND PERHAPS OER RELATED FUNCTIONS SUCH AS RENAISSANCE MARKETS. NEXT CREATING FOUR NEW STAFF POSITIONS INCLUDING AN EXECUTI DIRECTOR OR IN THE TRANSITIONAL PERIOD THISn WOULD PROBABLY BE A PROGRAM MANAGER, ADMINISTRATIVE ASSISTANCE, GRANTS, CULTURAL CONTRACTS DIRECTOR AND GRANTS COORDINATOR, WHILE ALSO ASSIGNING EXISTING CITY STAFF TO POSITIONS OF MARKETING AND RESOURCE DEVELOPMENT,N DIRECTOR,AND PLANNING AND DEVELOPMENT DIRECTOR. ALL OF THESE FUNCTIONS WOULD WORK TOGETHEIN THE ECONOMIC GROWTH AND REDEVELOPMENT SERVICES OFFICE FOR A PERIOD OF NSOLIDATION AND TRANSITION. NOW, T PROVIDE APPROPRIATE AGENCYN LEADERSHIP ANDN SUPPORT, WE RECOMMEND THAT IN THE PROCESS OF THIS TRANSITION, THE CITY COCIL REQUESTS RESIGNATION OF MEMBERS OF ALLEVANT COMMISSIONS AND BOARDS AND APPOINT A BOARD OF DIRECTORS TO PROVIDE THEn LEADERSHIBRIDGE FROM A PUBLIC TO An PRIVATE AGENCY. A BOARD MATRIX INDIC -- INDICATING AREAS OF NEEDED EXPERTISE AND REFLECTG THE ETHNIC AND GEOGRAPHICAL DIVERSITY OF AUSTIN COULD GUIDE BOARD SELECTION. ABEXRIENCED AND ENTREPRENEURIAL PROFESSIONALn ARTS SFF GUIDED BY CITY GOALS AND POLICIES WOULD MANAGE THE AGENCY. E AGENCY WOULD BE SUPPORTED NOT ONLY BY THE CITnY BUT ALSO BY RECOGNIZED COMMUNITY LEADERS WITHONNECTIOn AND WITH ACCESS TO A VARIETY OF RESOURCES. BY THE WAY THE REORGANIZATION THAT WE'RE SUGGESTING IS DESCRIBED MORE GRAPHICALLY ON A CHART ON THE LAST PAGE OF THE REPORT, HOWEVER THAT CHART SHOWS THE STRUCTURE AS IT WOULD BE FOLLOWING THE TRANSITION SO SOME OF THE TITLES MAY DIFFER FROM THE TRANSITIONAL PERIOD. EDUARDO IS GOING TO DISCUSS...

GOOD AFTERNOON, I'M HAPPY TO TALK ABOUT PROGRAMS, PROCESSES, SERVICES AND ACTIVITIES AND THEN ABOUT COMMUNICATION AND RELATIONSHIP BUILDING. AS NOTED IN THE CITY'S AUDITOR'S REPORT AND OUR OWN ASSESSMENT OF THE CURRENT SITUATION WITH THE FUNDING PROGRAMS IN AUSTIN, WE FIND A FLAWED SITUATION AND A SITUATION THAT REALLY DOES NOT MEET THE ART'S COMMUNITY NEEDS, INTERESTS AND PRIORITIES. FIRST THINGS FIRST. WE NEED TO UNDER THIS DIVISION MOVE QUICKLY TO REMEDY THE DEFICIENCIES THAT EXIST IN THE CURRENT PROCESS. COUNCIL OF COU HAS ADDRESSED THE SITUATION FOR THIS FISCAL YEAR '02-'03 HOWEVER WE NEED TO MOVE SWIFTLY TO LAY THE GROUND WORK FOR '03-'04 AND WOULD WANT TO WORK VERY CLOSELY WITH THE AUSTIN ARTS COMMISSION AND THE COMMITTEE THAT HAS BEEN DOING SOME GOOD WORK IN THIS AREA. RECOGNIZING THAT ARTS AND ARTS ORGANIZATIONS ARE THE ENGINES THAT DRAW AUSTIN'S CREATIVE CLASS AND CREATIVE ECONOMY THE CITY MUST TAKE STEPS TO BROADEN THE LEVEL OF SUPPORT TO BETTER RESPOND TO NEEDS AND OPPORTUNITIES AND IN ORDER TO DEVELOP THIS LEV OF SUPPORT. STAFF IS GOING TO HAVE TO BE QUITE AGGRESSIVE IN IDENTIFYING AND GOING AFTER ADDITIONAL SOURCES OF SUPPORT AND BEGIN BUILDING STRATEGIC RELATIONSHIPS WITHIN AND OUTSIDE THE ARTS COMMUNITY. WE HAVE A THREE PART STRATEGY. THE FIRST ONE HAS TO DO WITH OF COURSE HIRING A QUALIFIED EXECUTIVE THAT HAS THE NECESSARY EXPERTISE AND EXPERIENCE TO HEAD THE DIVISION AND TO LEAD ITS TRANSITION INTO AN ARTS COUNCIL AND THIS OF COURSE IS GOING TO TAKE SOME TIME. THE CITY HAS INDICATED INTEREST IN OUR TEAM BEING INVOLVED DURING THE IMPLEMENTATION OF THESE RECOMMENDATIONS, OF COURSE, WE WOULD BE HAPPY TO PROVIDE THIS IMPLEMENTATION ASSISTANCE AND I'M PREPARED TO ACT AS AN INTERIM DIRECTOR FOR A PERIOD OF BETWEEN 6 AND 9 MONTHS DEPENDING ON THE TIME IT TAKES TO HIRE A NEW DIRECTOR. AND TO GET HIM OR HER ORIENTED INTO THIS NEW POSITION. WE'RE ALSO RECOMMENDING THAT THE CITY OF AUSTIN HIRE A PROFESSIONAL SEARCH FIRM TO HANDLE A HIGH PROFILE NATIONWIDE SEARCH TO GET SOMEBODY HERE AS QUICKLY AS POSSIBLE AND I THINK ALL THREE OF US REALIZE THAT AUSTIN IS NOT GOING TO HAVE ANY TROUBLE AT ALL SECURING AND RECRUITING SOMEBODY TO COME TO THE CITY OF AUSTIN AND TAKE ON THIS TASK. THIS WOULD BE A PLUM JOB TO SAY THE LEAST. SO WHAT ARE WE PREPARED TO ACCOMPLISH DURING THIS TRANSITIONARY PERIOD? I WOULD LIKE TO PRESENT A CHECK LIST IN PRIORITY ORDER. FIRST OF ALL, AS I MENTIONED BEFORE, WE NEED TO RECAST THE GRANTS AND CULTURAL PROGRAM BASED ON BEST PRACTICES AND CREATE A WEB BASED ELECTRONIC PRACTICES IN ORDER TO FREE STAFF TO PROVIDE FOR DEVELOPMENTAL ASSISTANCE. BUILDING EFFECTIVE RELATIONSHIPS WITH THE CITY DEPENDENTS IS ABSOLUTELY KEY. BUILDING THEM ALSO WITH THE ARTS COMMUNITY, THE BUSINESS COMMUNITY, THOSE INVOLVED IN EDUCATION, IN SHORT ALL OF THOSE ENTITY, ALL OF THESE CONSTITUENCIES THAT CAN PLAY IMPORTANT ROLES IN ADVANCING CULTURAL DEVELOPMENT IN THE CITY OF AUSTIN AND THE REGION. WE WANT TO ESTABLISH OUR PILOT CULTURAL TOURISM PROGRAM WORKING IN DIRECT COLLABORATION WITH THE AUSTIN CONVENTION AND VISITOR'S BUREAU, ALL OF ITS LEADERS AND ALL OF ITS ASSOCIATIONS AND HELP DEVELOP A PILOT PROGRAM TO HELP DEVELOP NEIGHBORHOOD PLANNING. (ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...) CULTURAL

WE MUST, AS I MENTIONED BEFORE, HELP BUILD THE CAPACITY OF AUSTIN'S ARTS ORGANIZATIONS AND ARTISTS TO BETTER MEET CHALLENGES AND TAKE ADVANTAGE OF OPPORTUNITIES, A COMPREHENSIVE MANAGEMENT SYSTEM THEN, OR PROGRAM, WILL BE IMPORTANT TO HELP SECURE THIS FUTURE OVER THE LONG-TERM. THE ARTS CLEARLY NEEDS TO STATE THEIR CASE IN ECONOMIC TERMS. THE SURVEY OF WHAT WAS -- THE SURVEY THAT WAS DONE IN 1992 IS CLEARLY OUTDATED AND INCONCLUSIVE AND THIS OPPORTUNITY THAT PRESENTS ITSELF TO DO AN ECONOMIC IMPACT ANALYSIS MAY BE SOMETHING THAT WE WANT TO COLLABORATE WITH AT UT AUSTIN, FOR EXAMPLE. 2, IF THE FEASIBILITY IS ESTABLISHED, WE WILL RECOMMEND THAT THE CITY CONDUCT, AS I MENTIONED BEFORE, A COMMUNITY CULTURAL PLANNING PROCESS, ROUGHLY BETWEEN MONTHS 12 AND 24. AND LASTLY PART 3N, LOOKING AHEAD,OUGHLY AGAIN MONTHS 24 AND 36 MONTHS, THE AGENCY NOW IN ARTS COUNCIL WILL BEGIN TO INCORPORATE GOALS AND OBJECTIVES ESTABLISHED THROUGH THE CULTURAL PLANNING PROCESS. THIS PROCESS WILL PROVIDE ENHANCEMENT OF CURRENTROGRAMS AND SUPPORT AND SUPPORT AND STRATEGIES -- SUPPORT THE STRATEGIES TO CREATE OTHERS. EXAMPLES MAY INCLUDE EXPANDS ARTS PROGRAMS, A FESTIVAL FOR THE ARTS. ET CETERA. WITH RESPECT TO COMMUNICATION AND RELATIONSHIP BUILDING, WE FOUND THAT THE COMMUNICATION AMONG PLAYERS IN AUSTIN HAS BEEN UP TO THIS POINT FOREIGN AND EFFECTIVE. A SUCCESSFUL PROGRAM OF COMMUNICATION BETWEEN ALL STAKE HOLDERS IS CLEARLY THE ORDER OF THE DAY. THE ARTS NEED TO BE AT THE TABLE WHEN THE CITY OF AUSTIN PLANS. WHEN IT PLANS ON HOW TO APPROACH ECONOMIC DEVELOPMENT WHICH IS WHAT IS GOING ON NOW AND WE WERE IN ATTENDANCE AT THE MEETING LAST NIGHT HOSTEDn BY COUNCILWOMAN DUNKERLY AND COUNCILMAN WYNN AND WE CONTINUE MONITOR THAT SITUATION. OFF TO A GOOD START, I MIGHT ADD. ALSO WHEN THE CITY IS WANTING TO FACILITATE DOWNTOWN NEIGHBOOOD REVITALIZATION, HOW THEY WANT TO IMPROV WORKFORCE DEVELOPMENT. THE ARTS NEED TO BE THE TABLE AT ALL OFHAT. COMMUNICATN AND COLLABORATION ARE SOMETHING VERY CRITICAL AND IT IS REALLY BASED ON OUR ABILITY TO BUILD RELATIONSHIPS TH THE CITY, THE ABILITY OF THE ARTS AND CULTURAL DIVISION TO BE ABLE TO BUILD THOSE RELATIONSHIPS. SUGGES STRATEGIES. THE NEW ARTS COUNCIL MUST REGULARLY CON SCREEN THE ARTS COMMUNITY A SHA INFORMATION WITH THE FIELDTHIS IS ABSOLUTELY FUNDAMENTAL. WE KNOW THERE ARE KEYOMMUNITYn LEADERS WITH KEEN IERESTS IN THE ARS RELATIONSHIP OF ARTS TO ECONOMICELOPMENT, TO EDUCATION, TO URBAN DESIGN, TcDOWNTOWN DEVELMENT. ET CETERA.n MT FIND THESENDIVIDUALS,LOCK I THESE RETION ESSENTIALN RELATIONSHIPS AND SE THEIR INVOLVEMENT OVER THE LONG-RM. AS N BEFORE, MOVG SWIFTLY TO ESTABLISH THE FSIBILITY OF THE COMTY CULTURAL PLAN INCLG THE COMMUNITY'S PREPARNESS AND T AVAILABITY OF FINANCIAL RESOURCES. WITH RESPECT TO SUPPORTn RESOURCE, THEURRENT LEVEL ARE CLEA IQUATE GIV THE WEALTH AND DIVERSITYF AUSTIN'S ARARIC TALENT AND PORTUNITS. THIS CREATIVE CLASS TT WE REFERnHEM AS. RELICE ON ONE SRCE ESPECIAL AS ONE AS VOLATIL AS THE [INAUDIBLE] WE DOT BELIEVE CAN ENSE AUSTIN'ScPREHENSIn CULTULn DEVELOPMENT OVER THE LONG-TERM IN THE OIZATIONA CHART THE NE DISION INn ARTSOUNCIL PROPOSE A FULL TIME STAFFPERSON W JOB ILL BE TO ARCH, IDEIFY AND GO AFTER APRIATE PROMING SOURCES BOTH FROn THE PUBLIC A THE PRIVATE SEC INITY THE CENGE WILL BE TO BUI CASEn FOR INCLUSION OF ARTSGRAMSNx SERnS WITHIN THE CITY'S BUDGETA PRIORITIES FOR EINGUALITYcnOF LIFE. SECONDLYn AUSTIEW CULRALA LEADIP WILLAVE TO B ENTREPNEURIAL IN EVERYTHGn ITon DOES.n NSURINGT T FUNDI PROGRAM FULFIS THENCIL'Sn PUBLICICY DICS OF , INESIGNING PROGRAM SO THEYRE ABSELYnYNC WITHCONOMIC DELOPMENT TEGIES ENSURnN TN THE CITY'SIVIC ART A DIGN nRAMS ARE BETTER COOATED IN AGGREIVELY PURSU NEW REVEnE OTUNITIESND nDING RELATNSHIPSn Wc TIES AIVIDUALS COMMITD TOUSTIN'S CULTURAc DEVEPMENT.n YON SEE TRE'S QUI A BIT HERE, OT OFXCITIN CHALLENGES AND OTUNITIES E HORIZ WE STANDn READY TO TABLIS NECES INFRASUCTURE An FHION THE SNn EFFVE PROGRNT WILLPTIN TAKE THEEXT LE FORWA I WOULKE TO NOITCH I BACKO LUCY W IS GOING Tn TAKE Y THR NEXT STEPS. I THANK YOU VERY MH.

E WOULD RESFULLY SUGST THE FOLLONG STEPS BEn TAKEN,NTOUNCIL INn MING MEE ACCEPT T RECOMMENDATIONTHAT CITY CIL D T CITY MERc TON AGGREGATE ALL OFN THE ART TIVITIESnCTIONS A TO AUTHORIZE THEHIFTING O SOME POSITIAND THE CREATION OF NEW O AND TEGIN A NAT SEARCH FOR KEYEADERSn AND AS nnDICATED THEnNTIAL RST FOR PROL,E WLD SUG TH THE CITY NIATEND CONTRA WITHS TO PRODE E 2LEMENTNN SUPPORT KNOW T WASnAST, BUT ANIS POInE WAN TO RTAINR COMNTS ARS AND THTS. OBVIOUSLY THS V TATED FROM T FULORTSRECEIVEDOR TO, BEAN AINLY GO BNT ANY OTHE ITION I THERERE QUESTIONS. HANK YeeeeATT. CIL, WHAEFT O US, WE HAVE ANY QUEST ORCOMMENTSKKKERLY?NN

TURN TSw A JOBELL DoGGGGYOU RY MUC AND WE PRECIATE T RECNDATIONS CERTNL WE'LL CDER THE CALLY.

A IL ADD THAT I FINITELY APPRECIATE YOUR PRB. I APPREE YOUR CRISP AND CALPPROACH,ND NEXT STEI KNOWl OF T DD ON ECON THAT WE NOT6 BENEARIES OF TOMENT T IHINK THE [INAUDIBLE] IS HER AND EVEN GREAT DEAL)A EX!RTIN T CON IN HOUSE, SO IHINKHAT A COMMNT TO MOVE FRD, EVETHOUGH W3Y BE ABLE TO ACHIEVLL OF THE NEXT STE RI A IS ANNCREDIND ENORMOUS FORWA FORS. ANI THINK TOGETHER TH THE ONOMICu I LY COULD A BRA4AY R AUSTIN,NE THA I AS BR ANDRPRRIALS THE IN SPIRI IPPOSED LOGGINGNG IN THE@@@@LD M RUHAT TEN TO SOMET I WANT TANK YOU THE TIME YOU'VE ALREA EDED FOR THE WONDE REPORND UPDAAND FORHE WOR HE THAT YOU'RENG TO BEOING. THANKS. KKKAKAKAKA?

Gara: YOU THIHAT YOU YING, D WAIT FORKAKA FUTURE M IT, MAKE ORK F, IHINK ONE OHE THINGT WE ED TO D IE R I LIKE THEESSMENT HAVE M I THEY S T THE SITU VERY EFFECLY.1IHINK THA LAYSHE ORK F US TOVE RWARD. Q AATE I I ACIATE THE CANDOR. THEO CN SOME TS IN INITIAL TS, INHE INIAL PERIO SO THAT WE CAN THING I PLAC WE DID SOMETHING SIMILOHIS5 CONJUNC WITH TCOMMISSI AND IT H WORKE LL, AND YOUNOW,@-- TPARTICULEGMENT OF ECONOMDAXAS STABLIZ D TH BUREAKED VER WELL TAKEE THAT Ws MITIGAHE EFFC OF THE ECONOM DOWNTccccccc ANY OTH CS?

AS T NEXPNY END, THLET M SEE IFHIS I HOWnANT T MOV FORWAI COULD BRING F SOLUTION COUNCIL TOPT THRT DIRECT CIT MANA TO B IMPLEMENON OF THEPORT YOUR FIREETINGUARY IF THAT YOU. W WH ME. Ga:ANUARY THE 9S FINE. ALL RIG TOMORRO WE'MEETIN [DIBLE]

GarGSa:NK YOU V MUCH.cccKcKcKcKcKcANU FOR YOUR GREAT WORK I THINK YOU'VIVEN USOME RK TO DO ANDE'RENG TO ROLL UPEVES AND T>ATHAHAHA.N, WE WISTHANK YORY MUCHuuuuu OPP;;444 US, ASA PROFENALS,u%u%% WEIKEfff PUBTHANKz TO ASSISwwwCITYITORxHEEEEEE GUUDITOR MeeeeJARRET THEYE BEEN VERY SUPE INHELPING ET THIS PROCT DONE

arcia: YOU V MH. WARD TOKING W YOU AS WEE THROUGHSE IG PHASEKGGGGGG TWO] ENTEN A MOTIONDJOURN. TIONYKKRIES. [ILE]

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