Closed Caption Log, Council Meeting, 1/31/08

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 minutes, please contact the City Clerk at 974-2210.

MAYOR WYNN: GOOD MORNING. I'M AUSTIN MAYOR, WILL WYNN. HE IS MY PRIVILEGE TO WELCOME DR. TOM FRNGS FROM THE SAN JOSE CATHOLIC CHURCH WHO WILL LEAD US IN THE INVOCATION. PLEASE RISE.

I'D LIKE TO THANK ONE OF YOUR ASSISTANTS, GAIL CHAVEZ, FOR INVITING ME TO COME, FOR SENDING ME A FACTION TO REMIND ME OF IT AND FOR CALLING ME TO REMIND ME AGAIN, AND I REALLY APPRECIATE THAT. I COUNT IT AN HONOR AND JOY TO WRITE A PRAYER FOR YOU TODAY, ONCE A YEAR. I'M REMINDED OF THE MOVIE PATTON, WHO CALLED HIS ARMY CHAPLAIN ASIDE AND SAID, IF YOU'LL WRITE A GOOD PRAYER WE'LL HAVE SUCCESS. HE DID, AND THEY WERE, AND I HOPE THIS HELPS YOU TODAY. GOOD MORNING, LORD, AND THANK YOU FOR BRINGING US TO A NEW DAY AND AN OPPORTUNITY TO DO SOME GOOD FOR OTHERS TODAY AND FOR THE FUTURE. ON THE FINAL DAY OF THIS MONTH WE ARE AWARE THAT SOME THINGS MUST COME TO A CONCLUSION TODAY AND THAT AT EACH CONCLUSION -- EACH COLLUSION ALWAYS BRINGS NEW THINGS TO BEGINNING. AS WE ATTEMPT TO DO OUR BEST, CONTINUE TO REMIND US, LORD, OF THOSE WOMEN, MEN AND CHILDREN OF OUR COMMUNITY WHO HAVE NO OR LITTLE REPRESENTATION FOR WITH US. WE INVITE YOUR INSISTENCE IN OUR DELIBERATIONS AND OUR DECISIONS FOR WE KNOW WITH YOUR HEALTH GOOD DECISIONS WILL COME FORTH. [IN SPANISH] AND AT THE END OF OUR DAY, REMEMBERING WHAT GOOD WE MAY HAVE DONE, HOWEVER IMPERFECT, GIVE US A RESTFUL SLEEP AND ONE DAY, LORD, A PEACEFUL DEATH. AMEN. ALL THE BEST.

MAYOR WYNN: THANK YOU, FATHER TOM. THERE BEING A QUORUM PRESENT AT THIS TIME I'LL CALL TO ORDER THIS MEETING OF THE AUSTIN CITY COUNCIL. IT IS THURSDAY, JANUARY 31, 2008, APPROXIMATELY 10:16:00 A.M. WE ARE IN THE COUNCIL CHAMBERS OF THE STHAW BUILDING, 301 WEST 2ND STREET. BEFORE I GO THROUGH OUR CHANGES AND CORRECTIONS TO THIS WEEK'S POSTED AGENDA I WANT TO MAKE A QUICK COMMENT. SOME OF YOU-ALL HAVE PROBABLY HEARD THAT THE YOUNGER BROTHER OF OUR INCOMING CITY MANAGER -- THAT OF COURSE IS MARK OTT, HIS YOUNGER BROTHER, SERGEANT ERNIE OTT PASSED AWAY THIS WEEK. HE'S AN OFFICER FOR THE WITH THE OAKLAND COUNTY SHERIFF'S DEPARTMENT IN MICHIGAN. PASSED AWAY TUESDAY MORNING, AND MARK, OF COURSE, IS TRAVELING TO MICHIGAN TO BE WITH HIS FAMILY. SERVICES ARE SET FOR MONDAY. SO MORE OFFICERS CAN ATTEND SERGEANT OTT'S FUNERAL. AND SO OF COURSE OUR THOUGHTS ARE WITH MARK AND HIS FAMILY THIS WEEKEND. AND THANK YOU ALL FOR JOINING ME. AND MARK ASKED THAT I ACKNOWLEDGE AND THANK SO MANY OF YOU-ALL WHO HAVE BOTHERED TO, YOU KNOW, SEND THOUGHTS AND PRAYERS TO HE AND HIS FAMILY. SO THANK YOU VERY MUCH. WELL, COUNCIL, WE DO HAVE A HANDFUL OF CHANGES AND CORRECTIONS TO THIS WEEK'S POSTED AGENDA. FOR ITEM NO. 1 WE SHOULD NOTE THAT THESE MINUTES ALSO INCLUDE THE SPECIAL CALLED MEETING FROM THE JANUARY 16, 2008 CITY COUNCIL MEETING. ON ITEM NO. 13 WE NEED TO STRIKE THE PHRASE "FUNDING AVAILABLE IN THE FISCAL YEAR 2007-2008, AUSTIN ENERGY, AND INSERT THE PHRASE, THE CONNECTION, FUNDING IN THE AMOUNT OF $31,000 IS AVAILABLE IN THE FISCAL YEAR 57-58 OPERATING BUDGET OF VARIOUS GENERAL FUND AND ENTERPRISE FUND DEPARTMENT. THAT'S ITEM NO. 13, CORRECTING THE FUNDING SOURCE OF THAT ITEM. WE SHOULD NOTE THAT A NUMBER OF ITEMS HAVE BEEN POSTPONED TO FEBRUARY 14, 2008, THAT BEING OUR NEXT COUNCIL MEETING. THOSE WOULD BE ITEMS 25, 28, 29 AND 36 HAVE ALL BEEN POSTPONED FOR TWO WEEKS. ON ITEM NO. 74 WE SHOULD STRIKE THE PHRASE "AND APPROVING THE BOND PURCHASE AGREEMENT." SO, IN FACT, ITEM 74 WILL NOW JUST BE APPROVING AN ORDINANCE TO EXPAND THE LIFT OF PRIOR GENERAL OBLIGATION BOND OBLIGATIONS ELIGIBLE TO BE REFUNDED. WE SHOULD NOTE THAT ITEM NO. 75 IS WITHDRAWN AS THERE ARE NO BOARD AND COMMISSION APPOINTMENTS THIS WEEK. ITEM NO. 95, WE SHOULD INSERT THE WORDS "AN ORDINANCE" BECAUSE, IN FACT, WE WILL BE APPROVING THE SECOND AND THIRD READINGS OF AN ORDINANCE FOR ITEM NO. 95. ON ITEM NO. 123, THE ZONING CASE LATER THIS AFTERNOON, EVENING, REGARDING THE JUDGE'S HILL NEIGHBORHOOD. WE SHOULD NOTE THAT A VALID PETITION HAS BEEN FILED FOR THREE OF THE FOUR TRACTS IN OPPOSITION TO BEING EXCLUDED FROM THE VERTICAL MIXED USE, OR VMU, OVERLAY DISTRICT. SO WE'LL TAKE THOSE CASES UP AS VALID PETITION REQUIREMENTS. AND ON ITEM NO. 130, THE HENRY KOLLIE HOUSE, WE SHOULD NOTE THAT THE PLANNING COMMISSION RECOMMENDATION WAS TO GRANT FAMILY RESIDENT HISTORIC, SF-3 H COMBINING DISTRICT ZONING. OUR SCHEDULE TODAY HERE AS SOON AS WE GET THROUGH OUR CONSENT AGENDA, AND DEPENDING ON HOW MANY DISCUSSION ITEMS THERE MAY BE FOLLOWING THAT, OUR MORNING BRIEFING WILL BE AN UPDATE ON THE 51ST STREET WATER TOWER. IF YOU REMEMBER IT'S BEEN A COUPLE YEARS AGO NOW THAT THE COUNCIL DIRECTED STAFF TO ESSENTIALLY BID TWO DIFFERENT SCHEMES OR TWO DIFFERENT CONSTRUCTION TECHNIQUES AND DESIGNS FOR THAT WATER TOWER. WE'LL GET A PRESENTATION FROM OUR WATER -- WASTEWATER UTILITY ON THAT. I DON'T THINK WE ARE POSTED FOR ACTION, BUT THIS WILL BE A GOOD PUBLIC BRIEFING FOR FOLKS TO SEE THE DIFFERENT DESIGNS AND THE DIFFERENT COST INVOLVED. AND THEN WE BREAK FOR OUR GENERAL CITIZEN COMMUNICATIONS. AT -- SOMETIME AFTER 2:00, OUR AFTERNOON BRIEFING TODAY WILL BE AN UPDATE ON THE WALLER CREEK PROJECT AND THE TAX INCREMENT FINANCING DISTRICT ASSOCIATED WITH IT. AT 4:00 WE GO TO OUR ZONING MATTERS. AT 5:30 AS USUAL WE BREAK FOR LIVE MUSIC AND PROCLAMATIONS. TODAY OUR MUSICIAN IS GEORGE INSEL, I HOPE I PRONOUNCED THAT RIGHT, AND THEN AT 6:00 WE BEGINNING PUBLIC HEARINGS. WE SHOULD NOTE THAT ITEM NO. -- PUBLIC HEARING NO.  NO. 137, WHICH RELATES TO A SIDEWALK REQUIREMENT FOR NEW CONSTRUCTION IN THE CITY. THE STAFF WILL BE REQUESTING A POSTPONEMENT FOR TWO WEEKS TO FEBRUARY 14, 2008, ALSO A 6:00 P.M. EVENING PUBLIC HEARING. SO WE CAN'T TAKE UP THAT POSTPONEMENT, THOUGH, TECHNICALLY UNTIL AFTER 6:00 P.M. TODAY, BUT NOTE THAT STAFF WILL BE REQUESTING, AND WE GENERALLY ALWAYS DO OUR BEST TO SATISFY THAT REQUEST. SO ITEM NO. 137 LIKELY WILL BE POSTPONED TO FEBRUARY 14. SO FAR, COUNCIL, NO ITEMS HAVE BEEN PULLED OFF OUR CONSENT AGENDA, SO BEFORE I READ THE PROPOSED CONSENT AGENDA, ANY ITEMS THAT NEED TO BE PULLED FOR LATER DISCUSSION OFF THE CONSENT AGENDA? OF COURSE WE ALWAYS RESERVE THE RIGHT TO ASK QUESTIONS ONCE ITEMS ARE ON THE CONSENT AGENDA WITH A MOTION AND A SECOND. AND HEARING NONE, I WILL READ A PROPOSED CONSENT AGENDA NUMERICALLY. IT IS TO APPROVE ITEMS 1 FOR CHANGES AND CORRECTION, FROM AUSTIN ENERGY, TO APPROVE ITEMS 2, 3, 4 AND 5 FROM OUR WATER UTILITY, TO APPROVE ITEM 6 FROM OUR ECONOMIC GROWTH AND REDEVELOPMENT SERVICES, APPROVING ITEMS 7, 8, AND 9 FROM OUR FIRE DEPARTMENT, WILL BE APPROVING ITEM NO. 10 FROM OUR GOVERNMENT RELATIONS DEPARTMENT. WE'LL BE APPROVING ITEM NO. 11. FROM OUR LAW DEPARTMENT APPROVING ITEMS 12 AND 13 PER CHANGES AND CORRECTION, NOTING THE FUNDING SOURCE. FROM OUR NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, APPROVING ITEM 14. FROM OUR PARKS AND RECREATION DEPARTMENT APPROVING ITEM 15. FROM OUR POLICE DEPARTMENT APPROVING ITEM 16. AND FROM OUR PUBLIC WORKS DEPARTMENT WE'LL BE APPROVING ITEMS 17, 18, 19, 20, 21, 22, 23, 24. WE'LL BE POSTPONING ITEM 25 TO FEBRUARY 14, 2008 PER CHANGES AND CORRECT. WE'LL BE APPROVING ITEMS 26 AND 27, AND WE'LL BE POSTPONING ITEMS 28 AND 29, AGAIN TO FEBRUARY 14, 2008. WE WILL BE APPROVING ITEMS 30, 31, 32, 33, 34 AND 35. WE'LL BE POSTPONING ITEM 36, AGAIN, TO FEBRUARY 14, 2008. WE WILL BE APPROVING ITEMS 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 AND 51. FROM OUR PURCHASING OFFICE WE'LL BE APPROVING ITEMS 52, 53, 54, 55, 56, 57, 58, 59 AND 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71 AND 72. FROM OUR SOLID WASTE SERVICES DEPARTMENT WE'LL BE APPROVING ITEM 73. FROM OUR TREASURY OFFICE WE'LL BE APPROVING ITEM 74 PER CHANGES AND CORRECTION. WE ARE WITHDRAWING ITEM 75 AS THERE ARE NO BOARD AND COMMISSION APPOINTMENTS, BUT WE WILL BE APPROVING ITEMS 76, 77, 78, 79, 80, 81, 82, AND 83. I'LL ENTERTAIN A MOTION ON OUR PROPOSED CONSENT AGENDA. MOTION BY THE MAYOR PRO TEM, SECONDED BY COUNCIL MEMBER MARTINEZ TO APPROVE THE CONSENT AGENDA AS PROPOSED. COMMENTS? COUNCIL MEMBER LEAF?

-- LEFFINGWELL.

LEFFINGWELL: ON ITEM 81 I WANT TO POINT OUT THERE'S BEEN CHANGES IN THE BACKUP. THIS IS THE ETJ REQUEST. I OFFERED THESE CHANGES TO THE SPONSOR AND THEY HAVE BEEN ACCEPTED AND THEY'RE INCLUDED ON THE SHEET. I JUST WANT TO POINT OUT THAT WE ARE RESOLVED TO CONTINUE THE PROCESS THAT WAS OUTLINED IN OUR OCTOBER APPROVED POLICY FOR ETJ RELEASES, WHICH WILL INCLUDE SENDING IT TO THE ENVIRONMENTAL BOARD, TO THE PLANNING COMMISSION AND THEN BACK TO US. AND ALSO THAT THE DISCUSSIONS WILL BE BASED ON THE ASSUMPTION THAT THE PROPOSAL WILL BE WITHIN AUSTIN'S ETJ, THE DISCUSSIONS OF THE PROJECT.

COUNCIL MEMBER MARTINEZ?

THANKS, MAYOR. YEAH, COUNCIL MEMBER LEFFINGWELL. I WANTED TO ADD SOME ADDITIONS TO THE RESOLUTION. I THINK THAT THEY ARE GOOD ADDITIONS, AND THIS RESOLUTION, IT SIMPLY ALLOWS US TO ENTER INTO DETAILED DISCUSSIONS TO COME TO A FINAL DECISION WHETHER OR NOT THIS IS SOMETHING COUNCIL IS SUPPORTIVE OF IN THE REQUEST, AND SO I APPRECIATE EVERYONE'S SUPPORT TRYING TO GET THIS TO A FINAL DECISION BECAUSE I REALIZE THAT THE FOLKS AT VIA MUSE, THEY ARE UNDER SOME TIME CONSTRAINTS, SO I WOULD LIKE TO JUST SPEED THIS UP WITH THIS RESOLUTION.

MAYOR WYNN: I'LL CHIME IN AS ONE OF THE SPONSORS OF THIS ITEM AGAIN, OUR SPONSORSHIP OF THE ITEM IS NOT SUPPORTING OR DENYING WHAT WE BELIEVE TO BE THE PROPOSAL. IT'S ENCOURAGING STAFF -- TELLING STAFF THAT THEY HAVE OUR BLESSING AND ENCOURAGEMENT TO SPEND A LOT OF TIME AND EFFORT, FRANKLY, OVER THIS NEXT MONTH OR SO, WE BELIEVE, TO TRULY ANALYZE THE DEVELOPMENT OPPORTUNITY AND BE ABLE TO ADVISE US ON ANY POTENTIAL VARIANCES TO WHAT HAVE BEEN CURRENT PRACTICES THAT WILL ENABLE US TO CALL THE QUESTION SOONER RATHER THAN LATER. SO HOPEFULLY JUST TO ANSWER THE QUESTION IN A TIMELY WAY, THIS ITEM SHOULD ACCOMPLISH THAT. SO THANK YOU. AGAIN, OUR MOTION AND A SECOND ON THE TABLE. COUNCIL MEMBER MARTINEZ?

MARTINEZ: MAYOR, A COUPLE OTHER ITEMS. I WANTED TO CLEAR SOMETHING UP. WE GOT A FEW PHONE CALLS THIS MORNING FROM FOLKS KIND OF EXCITED, THE LANGUAGE ON ITEM 60. WE ARE AWARDING A CONTRACT TO A COMPANY CALLED SOMEWHAT KEY MAINTENANCE, AND I WANT TO MAKE IT CLEAR THIS IS NOT THE SOUTHWEST KEY CORPORATION THAT IS REQUESTING OUR SUPPORT FOR PROGRAMMING IN EAST AUSTIN. VERY CONCERNED CITIZENS CALLED MANY OF OUR OFFICES THIS MORNING WANTING TO KNOW WHY WE WERE EXTENDING A CONTRACT FOR SERVICES, AND I JUST WANTED TO MAKE IT VERY CLEAR, BECAUSE I DON'T THINK I WAS ABLE TO CALL EVERYONE BACK THIS MORNING THAT CALLED, AND I WANT TO LET THEM KNOW THAT THIS IS A COMPLETELY SEPARATE ORGANIZATION AND COMPLETELY SEPARATE SERVICE.

MAYOR WYNN: THANK YOU. FURTHER COMMENTS ON THE CONSENT AGENDA? COUNCIL MEMBER KIM?

KIM: THANK YOU, MAYOR. FIRST ITEM THAT I HAVE ON THE CONSENT AGENDA IS THE MILLER HEALTHY COMMUNITY INITIATIVE, AND I BELIEVE GERARD KINNEY IS HERE WITH THE ADVISORY GROUP AND THIS IS SOMETHING THAT WILL HELP THE WHOLE AREA, THE NEIGHBORHOOD AROUND MILLER, THAT SINCE WE HAVE THIS GREAT URBAN PLANNING PRINCIPLE AT MILLER, IN ADDITION WE HAVE THE HEALTH RESOURCES THERE WITH SETON, THE DELL CHILDREN'S HOSPITAL AND THE SITE FOR THE PROPOSED UT ACADEMIC HEALTH CENTER AND WE HAVE FAMILIES THAT WILL BE MOVING IN SOON WITH 25% AFFORDABLE HOUSING. WE ALSO HAVE PARKS THAT THE CITY OWNS AROUND THE AREA. THE IDEA IS TO CREATE A HEALTHY COMMUNITY INITIATIVE TO ALLOW PEOPLE TO ENJOY AND ALSO BENEFIT FROM THE ASSETS IN THAT AREA SO THAT THEY CAN FIND WAYS TO LIVE HEALTHY, TO LOWER THE RATES OF HEART DISEASE, OBESITY, DIABETES, THE THINGS THAT IN OUR SOCIETY ARE VERY COSTLY TO TREAT, BY FOCUSING ON PREVENTION AND ALSO TO LEVERAGE THE ASSETS THERE IN TERMS OF SIDEWALKS AND PARKS AND EXERCISE. WE'RE HOPING THAT WE CAN MOVE TOWARDS HAVING BROADER GOALS AND PROGRESS IN MAKING OUR NATION HEALTHY. SO THIS IS SOMETHING THAT I'M HOPING THAT -- I'M LOOKING FORWARD TO. DAVID DRURY, OUR HEALTH DEPARTMENT DIRECTOR, TO REALLY BUILDING ON AND TAKING SOME OF THE PROBLEMS WE CAN DO SUCCESSFULLY IN AUSTIN FOR THIS AREA AND REALLY START TALKING NATIONWIDE ABOUT HOW PREVENTION AND ALSO MANDY'S PLANNING CAN HELP PEOPLE LIVE HEALTHIER LIVES. THE SECOND ONE IS A SMALL BUSINESS INITIATIVE TO HELP NEGOTIATIONS FIND MULTIPLE SITES FOR BUSINESSES THAT ARE IN A RETAIL MODEL WHERE THEY ONLY HAVE ONE STORE. IT IS A CHALLENGE FOR THEM TO MOVE TO MULTIPLE LOCATIONS. I DON'T KNOW, MAYOR, IF JAN TRIPLETT IS SIGNED UP. SHE'S WITH THE BUSINESS SUCCESS CENTER. SHE'S HERE TO TALK A LITTLE BIT ABOUT THAT TODAY, SO I WAS WONDERING IF WE CAN GIVE HER A FEW MINUTES TO TALK ABOUT THE UNIQUE CHALLENGES OF SMALL BUSINESSES IN THAT AREA.

YES, JAN TRIPLETT HAS SIGNED UP WISHING TO ADDRESS US. JAN, WELCOME. IF YOU COULD LIMIT YOUR COMMENTS TO THREE MINUTES WE'D APPRECIATE IT.

ABSOLUTELY. THANK YOU VERY MUCH, COUNCIL MEMBER KIM FOR INVITING ME TO COME. MAYOR AND COUNCIL MEMBERS I COME AS A FRIEND OF THE COUNCIL. I THINK THAT THERE ARE A LOT OF VERY GOOD INITIATIVES THAT NEED TO BE DONE FOR SMALL BUSINESSES IN TERMS OF RETAINING THE BUSINESSES WE HAVE. I SIGNED UP AS NEUTRAL SIMPLY BECAUSE I HAD A COUPLE OF QUESTIONS THAT I RAISED TO COUNCIL MEMBER KIM AND SHE WAS GRACIOUS ENOUGH TO LET ME BRING THEM TO YOU NOW. I DO AGREE THAT ONE OF THE ISSUES, FOR THOSE OF US WHO HAVE BEEN IN BUSINESS 25 YEARS, WHICH I HAVE THIS YEAR, THAT WE DON'T WANT BLACK HOLES. WE DON'T WANT RETAIL LOCATIONS THAT ARE EMPTY. I HAVE SOME CONCERNS BECAUSE THE BUSINESS SUCCESS CENTER IS A VIRTUAL I THINK YU LATER, AN ACCELERATOR PROGRAM FOR EXISTING BUSINESSES THAT TRAINING IS NOT GOING TO BE ENOUGH. AND SO THE PURPOSE OF THIS, IF IT IS TO FILL THE SPACES, REALLY NEEDS TO GO BEYOND THAT, BECAUSE THERE ARE TWO OTHER ISSUES. ONE HAS TO DO WITH REDUCING THE RISK FOR DEVELOPER WHO HAVE RESPONSIBILITIES TO THEIR INVESTORS TO MAKE SURE THAT THEY GET THE BEST BUSINESSES IN THERE, AND TO BANKS TO FINANCE THE DEALS. PART OF THIS IS REALLY LOOKING AT THE OTHER SIDE OF THE EQUATION, AND THAT REALLY NEEDS TO BE ADDRESSED. THE SECOND IS AN ISSUE ABOUT PARTNERING. I TOOK IT ON MY OWN TO CONTACT TWO TRADE ORGANIZATIONS, THE TEXAS RETAILERS ASSOCIATION AND RESTAURANT ASSOCIATION, TO SEE IF THERE ALREADY WERE AN INITIATIVE IN THIS AREA. CERTAINLY WHEN WE TALK ABOUT RETAIL WE THINK MOSTLY OF RESTAURANTS WHEN WE TALK ABOUT STORES. CURRENTLY AT THIS TIME THERE IS NOTHING ON THE BOOKS THAT THEY HAVE DONE THIS IN THE PAST. IN THE PAST THE CITY HAS DONE A LOT IN TERMS OF PARTNERING, AND I WOULD LIKE TO RECOMMEND THAT AS MY SECOND RECOMMENDATION, THAT THE CITY CONSIDER CONDUCTING A STUDY, LIKE YOU DID A NUMBER OF YEARS AGO, ABOUT WHO PROVIDES SMALL BUSINESS SERVICES, AND JUST MAKE SURE WE'RE NOT DUPLICATING EFFORTS. I WORKED FOR THE STATE AND I UNDERSTAND ABOUT PUBLIC MONEY. THE THIRD IS THAT RETAILERS ARE NOT THE ONLY ONES WHO NEED ADDITIONAL LOCATIONS. CERTAINLY WE HAVE AN INTEREST IN PROVIDING SPACE TO RETAILERS, BUT THERE ARE SERVICE BUSINESSES WHO WOULD ALSO LIKE TO GO INTO THESE SPACES AND I WOULD LIKE TO MAKE SURE THAT THE COUNCIL INSTRUCTS THE CITY MANAGER NOT TO -- TO RELEGATE THOSE PEOPLE TO NOT BEING CONSIDERED FOR THE PROGRAM, BECAUSE THEY HAVE THEIR OWN ISSUES. A SECOND LOCATION, NO MATTER WHAT YOU DO, IS DIFFICULT. AND FOURTH IS THAT I AM A LITTLE BIT CONCERNED ABOUT THIS SUCCESS PROTEGE MENTORSHIP PROGRAM SIMPLY BECAUSE IN THE PAST WE HAVE DONE A PROGRAM WITH YOU FOR MULTIMEDIA COMPANIES TO PROVIDE BUSINESS SERVICES AND TO GROW THEM, AND ONE OF THE THINGS WE LEARNED OUT OF THAT IS THAT SOMETIMES A BUSINESS THAT LOOKS SUCCESSFUL, THAT MIGHT HAVE MULTIPLE LOCATIONS, IS NOT NECESSARILY SO. SO I'M A LITTLE CONCERNED ABOUT MAKING SURE THAT THE PROCESS, THE MATCHING PROCESS, REALLY IS GOING TO BE VALID AND RESULT IN WHAT YOU ARE AIMING FOR IN TERMS OF EXPANDING AND RETAINING THE BUSINESSES WE HAVE. WE WANT TO KEEP AUSTIN WEIRD. I KNOW SOME OF YOU DON'T LIKE THAT, BUT I DO. SO THANK YOU VERY MUCH FOR YOUR TIME AND I'M HAPPY TO ANSWER ANY QUESTIONS.

MAYOR WYNN: THANK YOU, MS. TRIPLET. QUESTIONS FOR JAN? COMMENTS? THANK YOU, JAN.

I JUST WANT TO SAY THAT WE ALL ARE SUPPORTIVE OF KEEPING AUSTIN WEIRD, AND I APPRECIATE THE COMMENTS THAT YOU HAVE, AND I HAVE BEEN IN TOUCH WITH THE TEXAS RETAIL ASSOCIATION. WE'LL BE SURE IF WE CAN'T CONTACT THE RESTAURANT ASSOCIATION AS WELL, AND THIS IS SOMETHING THAT STAFF WILL BE COMING BACK TO US IN 60 DAYS, WITH A PLAN. THANK YOU VERY MUCH.

MAYOR WYNN: AGAIN, WE HAVE -- WE HAVE ONE MORE CITIZEN WHO WANTED TO ADDRESS THIS COUNCIL. SCOTT JOHNSON HAS SIGNED UP TO SPEAK TO US ABOUT ITEM NO. 64, WHICH IS A PURCHASE ITEM FOR LARGE TRUCK BODIES, I BELIEVE, MOSTLY SOLID WASTE. SCOTT JOHNSON WISHED TO ADDRESS US, SIGNED UP NEUTRAL BUT WISHING TO SPEAK. AND WE'LL NOTE MR. JOHNSON'S INTEREST. AGAIN WE HAVE A MOTION AND A SECOND ON THE TABLE APPROVING THE CONSENT AGENDA AS READ. FURTHER COMMENTS? COUNCIL MEMBER COLE?

COLE: YES, I JUST HAD A BRIEF COMMENT, THANK YOU, MAYOR, ABOUT THE VILLA MUSE ITEM THAT I AM CO-SPONSORING. WE REALIZE THIS IS A PLAN DEVELOPMENT IN FAR EAST AUSTIN AND THERE HAS BEEN EXPLOSIVE GROWTH BETWEEN I-35 AND FAR EAST AUSTIN, AND WE ANTICIPATE LOTS OF INFRASTRUCTURE, THEY'RE ANTICIPATING INFRASTRUCTURE DEVELOPMENT. IT'S IMPERATIVE WE FULLY CONSIDER THEIR OFFER AND I REALLY COUNCIL COUNCIL MEMBER LEFFINGWELL'S OFFER TOLL SEND THIS THROUGH THE BOARD SO WE CAN PROPERLY EVALUATE IT.

MAYOR WYNN: COUNCIL MEMBER LEFFINGWELL.

LEFFINGWELL: I WANT TO EMPHASIZE, I TRIED TO SPELL THIS OUT EARLIER, THIS IS REALLY A TWO TRACK PRODUCTS NOW. THERE'S A CONSIDERATION OF THE ETJ RELEASES, AND ON APPARELON APARALLEL, WE'RE TALKING ABOUT HOW IT COULD WORK IN AUSTIN'S ETJ. WE'VE TALKED ABOUT THIS MARCH DATE AND THE RESOLUTION. I DON'T GUESS THERE'S ANY GUARANTEE THAT CAN BE MET WITH REGARD TO THE FIRST TRACK, THAT IS THE ETJ RELEASE, AND IF WE COULD I'D LIKE TO HAVE MS. HUFFMAN COME UP AND DISCUSS THAT -- IFERLS I MAY BE PUTTING YOU ON THE SPOT HERE, BUT GIVE US AN IDEA OF HOW LONG THAT PROCESS MIGHT TAKE AND WHAT IS INVOLVED IN IT.

MAYOR WYNN: WELCOME, MS. HUFFMAN, AND BIRMENT, WE DO BY THE WAY, WE HAVE A COUPLE REPRESENTS FROM THE VILLA MUSE PROPOSAL ARE HERE, IN CASE WE WANT TO ASK THEM ARE OR IF THEY WANT TO ADDRESS US.

THANK YOU, MAYOR AND COUNCIL. YOU HAVE ADOPTED A POLICY THAT ALLOWS US TO REVIEW THIS, SO YOU'VE ESTABLISHED CRITERIA AGAINST WHICH WE EVALUATE THESE REQUESTS. PART OF THAT POLICY IS YOU REQUIRE THAT WE WOULD GO TO THE ENVIRONMENTAL BOARD AND THE PLANNING COMMISSION. WE'RE SCHEDULED TO GO TO THE ENVIRONMENTAL BOARD ON FEBRUARY 6 AND THE PLANNING COMMISSION ON FEBRUARY 12. SO WE WILL BE IN A POSITION TO BRING BACK BOTH THE ETJ RELEASE REQUEST ALONG WITH AN UPDATE ON THE NEGOTIATIONS FOR HOW WE MIGHT PARTNER IN THE ETJ TO ACCOMPLISH THIS DEVELOPMENT. SO WE'LL SCHEDULE BOTH OF THOSE FOR THE MARCH MEETING DATE.

MAYOR WYNN: THANK YOU. THANK YOU, LAURA. QUESTIONS FOR STAFF, COUNCIL?

COLE: WHEN DO WE BEGIN THIS PROCESS OF EVALUATING THE DEANNEXATION -- I MEAN, THE RELEASE OF ETJ REQUEST?

WE INITIATED THAT EVALUATION AS SOON AS WE GOT THE REQUEST. SO IT'S BEEN IN STAFF HANDS AND WE'VE BEEN DEVELOPING A STAFF RECOMMENDATION AND HAVE SCHEDULED IT FOR THE BOARDS AND COMMISSION. SO WE'VE STARTED THAT PROCESS IN DECEMBER. WE'VE ALSO BEGUN CONTACT WITH FIRST SOUTHWEST, WHO IS THE FINANCIAL ADVISER FOR VILLA MUSE, AND ARE WORKING WITH THEM TO GET A HANDLE ON THE PRO FORMA AND THE FINANCIALS THAT ARE ASSOCIATED, BOTH WITH THE ORIGINAL REQUEST, BECAUSE THAT WILL HELP US UNDERSTAND HOW THEY'RE FINANCING THE DEVELOPMENT, AND IT WILL ALLOW US TO SEE HOW AND IF WE CAN DO THAT SAME -- A SIMILAR KIND OF ARRANGEMENT WITHIN THE CITY'S ETJ. AND JUST BY WAY OF REMINDER, WHAT VILLA MUSE IS LOOKING TO IS A FINANCING TOOL. AT THIS TIME THEY'RE LOOKING AT A PID, WHICH IS A PID, PUBLIC IMPROVEMENT DISTRICT, HELPS TO PAY FOR INFRASTRUCTURE AND OTHER COSTS ASSOCIATED WITH THE DEVELOPMENT. SO WE'LL BE LOOKING AT WHETHER OR NOT THAT SAME PID STRUCTURE COULD WORK INSIDE THE CITY LIMITS, UNDERSTANDING THAT PROBABLY PART OF WHAT THEY WILL BE LOOKING FOR IS A DELAY IN ANNEXATION. THE REASONS THEY WOULD BE LOOKING FOR A DELAY IN ANNEXATION IS TO AVOID BOTH CITY TAXES AND A PID SIMULTANEOUSLY. SO WE'LL BE LOOKING AT ALL THOSE ISSUES. AND FRANKLY, JUST SEE WHAT KIND OF PID RATE IT WOULD TAKE IN ORDER TO SUPPORT THE DEVELOPMENT THAT THEY HAVE PROPOSED. AND ALSO JUST IN KEEPING WITH YOUR LONG-STANDING POLICY, WE WANT TO LOOK FOR WAYS WE CAN MAKE THIS PERFORMANCE-BASED, SO IF THE CITY COUNCIL AGREES TO THE CREATION OF A PID, WE HAVE A MECHANISM TO ENSURE THAT THE LAND USES OCCUR IN ACCORDANCE WITH YOUR POLICIES, AND THAT THE DEVELOPMENT HAPPENS AS EXPECTED. SO THOSE ARE THE THINGS WE'LL BE LOOKING AT AND DISCUSSION WITH THE VILLA MUSE FOLKS.

THANK YOU.

YOU BET.

LEFFINGWELL: AN IMPORTANT PART OF IT REMAINING WITHIN OUR ETJ IS OUR CONTROL OVER THE DEVELOPMENT PROCESS AND ALSO OVER OUR ENVIRONMENTAL REGULATIONS, WHICH WOULD APPLY IF IT REMAINS IN THE ETJ, AND WHICH WOULD NOT APPLY IF IT DOES NOT REMAIN IN THE ETJ.

MAYOR WYNN: ANY FURTHER QUESTIONS OF STAFF? AND I AM TOLD THAT SOME OF THE REPRESENTATIVES FROM VILLA MUSE ARE HERE AND I GUESS THEY'RE HERE, AVAILABLE TO ANSWER QUESTIONS IF COUNCIL HAS ANY OF THEM. I'LL JUST NOTE THAT ALL WE ARE DOING TODAY IS ENCOURAGING -- ASKING STAFF TO SPEND REALTIME AND EFFORT OVER THIS NEXT MONTH OR SO TO HELP US TRULY ANALYZE THE OPPORTUNITY. WELL, THANK YOU ALL FOR BEING HERE. AGAIN, FURTHER COMMENTS ON THE CONSENT AGENDA? I WANT TO THANK ALL COLLEAGUES, COUNCIL MEMBERS COAL AND MARTINEZ ARE HELPING CO-SPONSOR WITH ME ITEM NO. 76, WHICH IS REGARDING A LIVE MUSIC TASK FORCE. NOT TO GET LOST IN THE BACKGROUND NOISE, SO TO SPEAK, OF WHAT HAS BEEN AN ANALYSIS AND SOME DEBATE, FRANKLY, ABOUT NOISE COMING FROM LIVE MUSIC VENUES, IS JUST THE OVERALL IMPORTANCE OF LIVE MUSIC TO OUR ECONOMY, REALLY TO OUR SORT OF DEFINING CHARACTERISTIC, PARTICULARLY IN OUR DOWNTOWN AS WE ARE REDEVELOPING OUR DOWNTOWN. SO WHAT THIS TASK FORCE WILL DO, IN ADDITION TO ANALYZING ACOUSTIC ISSUES, REALLY, IS ANALYZING THE ECONOMIC DYNAMICS AND OPPORTUNITIES, AND AS WE SEE NEW CONSTRUCTION DOWNTOWN, ALL THE DIFFERENT OPPORTUNITIES FOR NOT ONLY KEEPING OUR LIVE MUSIC VENUES -- EXISTING LIVE MUSIC VENUES IN BUSINESS BUT FIGURING OUT HOW TO EXPAND OPPORTUNITIES FOR THEM FROM A REAL ESTATE STANDPOINT, PERHAPS WITHIN THE NEW CONSTRUCTION THAT'S OCCURRING, AND AT THE SAME TIME EVEN EXPANDING THE ANALYSIS TO ANALYZE AND TALK ABOUT, YOU KNOW, HOUSING FOR MUSICIANS. WE HAVE A GREAT PARTNERSHIP WITH HEALTH ALLIANCE FOR AUSTIN MUSICIANS WITH SETON AND ST. DAVID'S AND THE SIMMS FOUNDATION TO HELP ON THE HEALTH SIDE. WE'LL ALSO TALK ABOUT HOUSING AND OTHER ECONOMIC ASPECTS OF WHAT IS A VERY IMPORTANT INDUSTRY CLUSTER HERE IN AUSTIN, LIVE MUSE MUSIC. SO THANK YOU ALL FOR THAT. ANY OTHER COMMENTS ON THE CONSENT AGENDA? HEARING NONE, ALL THOSE IN FAVOR PLEASE SAY AYE.

AYE.

MAYOR WYNN: OPPOSED? MOTION PASSES ON A VOTE OF 7-0. THANK YOU ALL VERY MUCH. SO WE'LL LET THE CROWD CLEAR OUT WHILE WE GET PREPARED FOR OUR MORNING BRIEFING FROM OUR WATER UTILITY. AND IF FOLKS COULD TAKE THEIR CONVERSATION OUT IN THE FOYER WE'D APPRECIATE IT. WE HAVE A MORNING BRIEFING TO PAY ATTENTION TO. AGAIN, FOLKS, PLEASE TAKE YOUR CONVERSATION OUT IN THE FOYER. THANK YOU VERY MUCH. SO WITH THAT, COUNCIL, WE'LL TAKE UP OUR MORNING BRIEFING. AGAIN, IT'S FROM OUR WATER UTILITY. THIS IS THE UPDATE ON THE WATER RECLAMATION INITIATIVE AND THEN SPECIFICALLY THE ISSUES REGARDING THE PROPOSED 51ST STREET ELEVATED WATER TOWER. WELCOME ASSISTANT CITY MANAGER, RUDY GARZA.

THANK YOU, MAYOR. AS YOU KNOW, AS YOU MENTIONED WE'VE BEEN WORKING ON THIS FOR THE LAST COUPLE YEARS. THERE'S BEEN A LOT OF DISCUSSIONS ON TWO SPECIFIC DESIGNS. STAFF HAS NOW COMPLETED THE BID PROCESS SO THAT WE COULD, IN FACT, DEFINE SPECIFIC COSTS FOR EACH DESIGN, PROVIDE THE INFORMATION TO COUNCIL TO GIVE US THE DIRECTION. YOU ARE NOT SET FOR ACTION TODAY, BUT BASED ON YOUR FEEDBACK TODAY WE WILL COME BACK WITH AN ACTION ITEM EITHER TO -- WELL, IN FACT, I WILL -- I I DON'T WANT TO TAKE GREG'S PRESENTATION BUT GREG IS DIRECTING THE WATER UTILITY, WILL GO THROUGH THE DETAILS BUT TODAY THERE WON'T BE ANY SPECIFIC ACTION. SO I'LL TURN IT OVER TO GREG.

MAYOR WYNN: THANK YOU, RUDY.

GREG, AUSTIN WATER UTILITY DIRECTOR, AND WE HAVE A BRIEF PRESENTATION TO UPDATE YOU ON OUR RECLAIMED WATER TANK. JUST TO START OFF WITH BACKGROUND, OUR WATER RECLAIMED IN INITIATIVE IS PART OF COUNCIL'S DIRECTED SUSTAINABILITY DIRECTIVE. A LOT OF BENEFITS TO THE CITY WITH RECLAIMED WASTEWATER FLUIDS. ONE IS IT'S GENERALLY GOOD FOR THE ENVIRONMENT, IMPORTANT ELEMENT OF OUR WATER CONSERVATION PROCESS. THIS PROJECT IN PARTICULAR HAS A LOT OF BENEFITS. IT WOULD BRING WATER -- RECLAIMED WATER TO THE MUELLER REDEVELOPMENT AREA, BARTHOLOMEW PARK, THE AUSTIN FILM SOCIETY. I THINK IN THE BIGGER PICTURE IT'S A KEY PROJECT FOR US TO ALLOW TO EXTEND RECLAIMED WATER SYSTEM TO THE UNIVERSITY OF TEXAS, THE CAPITAL COMPLEX, THE DOWNTOWN AREA. UT ALREADY HAS SIGNIFICANT INVESTMENT IN RECLAIMED WATER PIPING AND THEY'RE JUST WAITING FOR THE WATER TO GET THERE, AND WOULD SAVE SEVERAL HUNDRED MILLION GALLONS OF POTABLE WATER IN THE FUTURE. WE'VE BEEN WORKING FOR SEVERAL YEARS NOW WITH THE NEIGHBORHOOD. THEY HIRED AN ARCHITECT. THE PROJECT ADVISORY COMMITTEE, TO HELP US REALLY SORT THROUGH TWO DESIGNS, AND KIND OF ON THE SCREEN YOU CAN SEE THE TWO DESIGNS. THE DESIGN TO THE LEFT, WHAT WE REFER TO AS THE LATTICE-STYLE TANK, WAS WHAT MIGHT BE CALLED KIND OF THE HIGH-END LANDMARK STRUCTURE OF THE NEIGHBORHOOD -- THE NEIGHBORHOOD PREFERRED THAT TECHNIQUE, LOOK AND FEEL. YOU CAN KIND OF SEE THE OTHER PICTURE IS HOW THAT TANK WOULD LOOK AT NIGHT-LIGHTED. THEN THE OPPOSITE TANK IS SIGNIFICANTLY ENHANCED TANK FROM OUR STANDARD. WE'RE CALLING IT THE ENHANCED COMPOSITE TANK, AND AGAIN YOU CAN SEE THE DESIGN ELEMENTS OF THAT AND HOW THAT WOULD LOOK AT NIGHT IN A LIGHTED FEATURE. WE CAME TO COUNCIL ABOUT TWO YEARS AGO, AND COUNCIL APPROVED US TO MOVE FORWARD WITH SOME ENGINEERING WORK AS WELL AS THE PROCESS TO BID THOSE TWO TANK DESIGNS SO THAT THE COUNCIL AND THE COMMUNITY WOULD HAVE ACTUAL COSTS TO KIND OF BASE A DECISION ON WHICH ONE OF THOSE TANKS WOULD BE BEST TO DO FOR THE 51ST STREET TANK PROJECT. AND THAT'S EXACTLY WHAT WE WENT OUT TO DO, IS WE PUT TOGETHER TWO BID DOCUMENTS, ONE FOR THE LATTICE STYLE TANK, ONE FOR THE ENHANCED COMPOSITE TANK. WE BID THOSE IN THE FALL. WE ACTUALLY EXTENDED THE BID TIME BASED ON SOME COMMENTS WE GOT FROM BIDDERS. WORKING WITH PUBLIC WORKS WE RELAXED SOME OF THE STANDARDS FOR EXPERIENCE TO MAKE SURE THAT WE GOT AS MANY POSSIBLE BIDDERS AS POSSIBLE. THE NEIGHBORHOOD ASKED US TO CHANGE SOME OF THE ARRANGEMENTS WITH WHO WOULD BE THE PRIME CONTRACTOR OR SUBCONTRACTOR, AGAIN TO TRY TO HAVE FLEXIBILITY WITH CONFIGURING THE CONSTRUCTION TEAM THAT MIGHT BE ABLE TO BUILD THESE TANKS. THE BID RESULTS ARE HERE ON THIS SLIDE. THE LATTICE STYLE TANK, WE ONLY HAD ONE BIDDER, CHICAGO BIDS AND IRON. THE BID WAS SIGNIFICANTLY ABOVE OUR ESTIMATE. TURNED OUT TO BE NEARLY $16 MILLION. ALSO THAT BID WAS DEEMED TO BE NOT COMPLIANT BY DSMBR FOR OUR GOAL THERE. ON THE COMPOSITE STYLE TANK, WE HAD COMPETITIVE BIDDING, 4 BIDDERS. THE LOW BID, PHOENIX, DID NOT MEET THE REQUIRED EXPERIENCE, SO THE NEXT LOW BID WAS LANDMARK TANK FOR ABOUT 7.9 MILLION, AND THEY ARE A -- WERE DEEMED A RESPONSIVE BIDDER. I HAVE A NOTE THERE THAT THE CITIZENS PROJECT ADVISORY COMMITTEE IS PREPARING A LETTER ACCEPTING ENHANCED COMPOSITE TANK. AND AS A MATTER OF FACT WE JUST WERE HANDED A LETTER A FEW MINUTES AGO FROM THE PROJECT ADVISORY COMMITTEE AND THEY DO REAFFIRM THAT THEY ARE NOT OBJECTING TO MOVING FORWARD WITH THE COMPOSITE STYLE TANK GIVEN THE COST OF THE LATTICE STYLE TANK. THEY'VE ASKED IF THEY CONTINUE TO WORK WITH THE UTILITY, TO LOOK FOR WORKS TO CONTINUE TO ENHANCE THAT THROUGH MAYBE PRIVATE FUNDING FOR LANDSCAPING, ADDITIONAL LIGHTING, WHICH WE'RE VERY OPEN TO, CONTINUE TO WORK WITH THEM THROUGHOUT THAT PROCESS. SO REALLY TODAY I THINK THERE IS A COUPLE OF OPTIONS THAT THE COUNCIL MAY WANT TO CONSIDER. ONE WOULD BE TO DIRECT US TO MOVE FORWARD PREPARING RCA'S TO GO AHEAD AND CONSTRUCT THAT ENHANCED COMPOSITE STYLE TANK, WHICH WE WOULD BE READY TO DO VERY SHORTLY. I THINK ALTERNATIVELILY WE COULD LOOK AT KIND OF STARTING THE PROCESS ALL OVER AGAIN AND TRY TO REBID TO SEE IF THERE WAS A WAY THAT THAT LATTICE STYLE TANK WOULD COME IN LESS EXPENSIVE. WE DON'T BELIEVE THAT THAT PROCESS WOULD LIKELY RETURN A RESULT THAT WOULD SIGNIFICANTLY REDUCE THE COST OF THE LATTICE STYLE TANK, AND IT MAY ACTUALLY EBBED UP INCREASING THE COST OF THE OTHER STYLE TANK. CONSTRUCTION COSTS CONTINUE TO GO UP. BUT THAT IS AN OPTION, KIND OF A REDO IN TERMS OF THE BID PROCESS. AND REALLY THAT WAS ALL I HAVE AS A BRIEFING AND WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

DUNKERLEY: COUNCIL MEMBER LEFFINGWELL?

LEFFINGWELL: CAN YOU GIVE US SOME COMMENT ON WHY YOU THINK THERE WAS ONLY ONE BID SUBMITTED FOR THE LATTICE STYLE?

THE LATTICE STYLE TANK WAS REALLY A UNIQUE DESIGN. WE BELIEVE IT WAS GOING TO REQUIRE A LOT OF SPECIALIZED FABRICATION OF THE STEEL. IT WASN'T THE STANDARD KIND OF COOKIE CUTTER TYPE TANK OR EVEN A DERIVATIVE OF THAT. IT WAS A TOTAL NEW APPROACH TO TANK. I THINK WHEN YOU TRY SOMETHING UNIQUE LIKE THAT, IT REALLY LIMITS THE NUMBER OF BIDDERS THAT ARE CAPABLE OF BUILDING THAT AND YOU END UP WITH REALLY A SMALLER POOL. I THINK THAT WAS ONE OF THE CAUSES THAT WE HAD JUST ONE BIDDER. IN SOME SENSE YOU'RE NEVER QUITE SURE WHY OTHERS CHOOSE NOT TO BID BUT THAT WOULD BE MY THEORY ON WHY WE JUST GOT THE ONE BIDDER ON THE LATTICE STYLE TANK.

IS THERE ANY BASIS FOR EXPECTING, IF YOU DID REBID IT, THERE WOULD BE MORE PEOPLE THAT --

NO, WE DON'T BELIEVE SO. WE BELIEVE WE MAY NOT GET ANY BIDS IF WE REBID ON THAT OR JUST CHICAGO IRON BIDDING ON THAT AGAIN. WE'RE NOT EXPECTING THERE'S SOMETHING THAT WOULD CAUSE MORBIDDERS TO SUBMIT ON THAT.

MAYOR WYNN: FURTHER QUESTIONS? COUNCIL MEMBER COLE?

COLE: I BELIEVE I RECALL THAT THE ORIGINAL COST ESTIMATES WERE A LOT LOWER. CAN YOU TELL ME WHAT HAPPENED OR --

WELL, WHEN WE FIRST STARTED THE PROJECT WE WERE GOING TO BUILD JUST A STANDARD TANK, AND THAT ESTIMATE WAS SIGNIFICANTLY LOWER. IT WAS PROBABLY IN THE 3 TO $4 MILLION RANGE. AS WE SWITCH TO THE MORE ENHANCED STYLES, OUR ESTIMATES WERE HIGHER BUT NOT AS HIGH AS THE BID ACTUALLY CAME IN. I THINK IT'S JUST THE NATURE OF THE BIDDING RIGHT NOW, THAT CONSTRUCTION COSTS CONTINUED TO GO UP EVEN OVER THE LAST COUPLE YEARS. WE'VE SEEN SOME DOUBLE DIGIT GROWTH IN TERMS OF CONSTRUCTION AND IT'S REFLECTIVE OF THE BIDDING ENVIRONMENT. IF YOU LOOK FOR THE BIDS FOR THE COMPOSITE STYLE TANK IT WAS VERY COMPETITIVE. WE HAD FOUR BIDS. THREE OF THE BIDS WERE VERY CLOSE IN COST. ULTIMATELY THE TWO MORE RESPONSIVE BIDS WERE ALMOST NEARLY IDENTICAL IN COST, AND THAT'S OFTEN A SIGN OF VERY COMPETITIVE CONSTRUCTION BIDDING. SO I BELIEVE THAT IT'S JUST A -- A MORE EXPENSIVE ENVIRONMENT TO DO CONSTRUCTION IN RIGHT NOW IN TERMS OF THOSE FINAL COSTS.

COLE: I DO RECALL TALKING TO A FEW NEIGHBORS ABOUT THE TWO TANKS AND WHICH ONES THEY PREFER. I KNOW THE WINDSOR PARK NEIGHBORHOOD WAS INVOLVED IN THIS. DO YOU KNOW ANY OF THE OTHER NEIGHBORHOOD GROUPS?

I DO. THE LETTER THAT WE RECEIVED TODAY, THERE WERE REPRESENTATIVES FROM WINDSOR PARK, THE AUSTIN FILM SOCIETY, CHERRY WOOD NEIGHBORHOOD ASSOCIATION AND DELLWOOD TWO NEIGHBORHOOD ASSOCIATION. THEY ALL SIGNED THIS LETTER IN SUPPORT OF GOING AHEAD AND MOVING FORWARD WITH THE COMPOSITE STYLE TANK.

COLE: OKAY. THANK YOU.

MAYOR WYNN: AND GREG, I KNOW THAT MUCH OF THIS PREDATES YOUR ARRIVAL AS OUR DEPARTMENT DIRECTOR, BUT SOME GENERAL THOUGHTS I HAVE, ONE IS -- I MEAN, YOU KNOW, DESIGN DOES MATTER, AT LEAST TO ME PERSONALLY, BUT, YOU KNOW, IT'S TROUBLING TO SEE THIS BIG A DELTA IN PRICE. I MEAN, FRANKLY I SEE THAT BIG A DELTA IN AESTHETICS. I WAS HOPING IT WOULDN'T CORRESPOND TO AS LARGE A DELTA IN THE PRICE OF THE TOWERS. BUT IT DOES SEEM QUITE OBVIOUS THAT THE DESIGN IS SO UNIQUE, IT'S ALMOST REINVENTING, YOU KNOW, EVEN THE CONCEPT OF A WATER TOWER. BUT I MEAN, REMIND US, WE HAVE A HALF DOZEN OR MORE OF THESE PLANNED OVER SOME PERIOD OF TIME AS WE CONTINUE TO -- YOU KNOW, HOPEFULLY OVER THE FUTURE, TO LITERALLY EXPAND OUR RECLAMATION PROJECT CITYWIDE, IN THEORY. AND SO I COULD SEE AN ELEMENT OF JUSTIFICATION ON A PRETTY DRAMATIC PRICE DIFFERENTIAL, YOU KNOW, FOR THE -- YOU KNOW, FOR AN ORIGINAL DESIGN. SO IS IT PRACTICAL THAT THE ADDITIONAL EXPENSE, SHOULD WE CHOOSE THE MORE COMPLICATED, BUT I THINK AESTHETICALLY PLEASING DESIGN -- WOULD IT BE FAIR TO SAY THAT THERE'S OPPORTUNITIES, THEN, TO ALMOST AMORTIZE THAT DELTA OVER THE NEXT FIVE OR SIX OR EIGHT OR TEN WATER TOWERS WE BUILD, IN THEORY, IF WE WERE TO LITERALLY CHOOSE THAT EXACT SAME DESIGN? IS THERE A WAY TO ALMOST MASS, YOU KNOW -- MASS PRODUCE THAT EXACT DESIGN, BUT IF WE -- IT SEEMS TO ME THERE'S A LEARNING CURVE AND IF WE GET -- WE AND OR THE CONTRACTING COMMUNITY, YOU KNOW, LEARNS FROM THE FIRST ONE, LEARNS HOW TO PERHAPS, YOU KNOW, VALUE ENGINEERS, SOME OF THE ADDITIONAL AESTHETICS ON IT, LEARNS HOW TO, YOU KNOW, BUILD THE SECOND, THIRD, FOURTH AND FIFTH ONE WITH MUCH LOWER DIFFERENTIAL IN COST, THAT, YOU KNOW, THAT WE SORT OF JUSTIFY THE START-UP OF A NEW DESIGN. I'M TRYING TO UNDERSTAND IF THERE'S A WAY WE CAN LITERALLY AMORTIZE THIS ADDITIONAL COST OVER THE NEXT FEW TOWERS.

I THINK RESPONDING IN A COUPLE WAYS. WE HAVE SEVEN TOTAL RECLAIMED WATER TANKS THAT WE HAVE PLANNED OVER THE NEXT ROUGHLY 30 YEARS AS A PART OF OUR RECLAIM MASTER PLAN. THAT SEVEN INCLUDES THIS TANK. THREE OF THE FUTURE TANKS WOULD BE LIKELY IN MORE RESIDENTIAL KIND OF AREAS. THREE ARE GOING TO BE MORE IN INDUSTRIAL COMMERCIAL AREAS WHERE PERHAPS SOME OF THE DESIGN AESTHETIC ISN'T AS NEEDED. I THINK YOU'RE RIGHT, I THINK, YOU KNOW, WE LEARNED A LOT THROUGH THIS PROCESS TO ENGAGE THE COMMUNITY AND NEIGHBORHOODS. REALLY, I WOULD HOPE THAT AS WE WORK ON FUTURE TANKS, THAT, AGAIN WE'LL INVOLVE THE NEIGHBORHOOD IN THAT, IT WILL GET MORE COMMON FOR SOME OF THESE MORE AESTHETIC DESIGN ELEMENTS TO BE IN THERE, THAT THE ENGINEERING AND CONSTRUCTION OF THAT WILL BE KIND OF MORE OF A ROUTINE AS OPPOSED TO AN EXCEPTION, AND THAT WE HOPEFULLY COULD SEE COSTS STABILIZE OR GO DOWN ON THAT. KIND OF IRONICALLY I WAS JUST EMAILED THIS WEEK BY ANOTHER LARGE UTILITY IN NASHVILLE SORTING OUT THIS THING, THEY'RE LOOKING FOR ADVICE ON LANDMARK TANKS AND AESTHETICS. THEY'RE BUILDING TANKS ON SOME RIDGES IN THEIR COMMUNITIES. SO INDUSTRY WIDE IT MIGHT BE THAT THIS IS A MOVEMENT AND WE'LL SEE TANK MANUFACTURERS RESPOND TO THIS WITH REDUCED COST IN THE FUTURE.

MAYOR WYNN: WELL, AGAIN, IS IT -- IS IT EVEN PRACTICAL -- OF COURSE IN THEORY I GUESS THIS WAS SUCH A -- YOU KNOW, SORT OF A, YOU KNOW, STAKE HOLDER DRIVEN, YOU KNOW, DESIGN AND CONCEPT, AND SO NOT EVERY, YOU KNOW, NEIGHBORHOOD, NOT EVERY PART OF TOWN MIGHT HAVE THE SAME SUGGESTIONS ON AESTHETICS, BUT IF WE WERE TO LITERALLY CHOOSE THIS MODEL AND IF WE JUST, YOU KNOW, MAKE THE -- ALMOST THE POLICY DIRECTIVE THAT THE NEXT FIVE TANKS WILL BE THIS TANK, IS THERE AN OPPORTUNITY FOR, YOU KNOW, CHICAGO IRON AND STEEL, WHATEVER THE COMPANY NAME IS, TO -- YOU KNOW -- IN ANTICIPATION OF THAT, YOU KNOW, LITERALLY MAKE THE NEXT FEW OF THEM COST LESS, AT LEAST FROM A MATERIAL STANDPOINT, BECAUSE OF THE -- YOU KNOW, THE WORK THEY DID AT THE FOUNDRY, FOR INSTANCE? IS THERE A WAY TO LITERALLY ALMOST MASS PRODUCE THESE -- THAT'S NOT THE RIGHT PHRASE, ABOUT YOU TO -- YOU KNOW, IF WE KNEW THAT THIS WAS GOING TO BE THE DESIGN FOR THE NEXT FIVE OF THESE, YOU KNOW, COULD WE BE SAVING ENOUGH MONEY IN THE FUTURE THAT HELPS US, FRANKLY, YOU KNOW, JUSTIFY THIS DELTA?

IT'S HARD FOR ME TO SAY. I WOULD SAY THAT THE TIME BETWEEN THESE TANKS FOR US OFTEN WILL GO FIVE TO SEVEN TO NINE YEARS BETWEEN THE CONSTRUCTION OF THESE TANKS, AS OUR RECLAIMED WATER PROGRAM EXPANDS, THAT IT MIGHT BE DIFFICULT FOR CONTRACTORS TO REALLY GEAR UP FOR THESE TO BE MORE ROUTINE TRANSACTIONS FOR THEM, BUT I REALLY DON'T KNOW. I'M NOT -- I THINK I'D ALMOST HAVE TO CONSULT WITH THEM TO SAY FOR SURE HOW THEY MIGHT REACT TO THAT KIND OF LONG RANGE --

OBVIOUSLY THIS DOESN'T -- I USED THE TERM MASS PRODUCTION INCORRECTLY. THIS DOESN'T LEND ITSELF TO BEING MASS-PRODUCED, JUST THE TIMING OF WHEN THESE TOWERS WOULD BE REQUIRED, BUT I'M JUST TRYING TO THINK THROUGH WHAT MIGHT BE SOME SAVINGS ON THE SECOND, THIRD AND FOURTH TOWER, YOU KNOW, BASED ON THIS DESIGN.

I HAVE ANOTHER THING TO ADD. THAT EACH SITE HAS DIFFERENT DESIGN PARAMETERS, THAT THE HEIGHT OF THE TANK, THE VOLUME, IS IT A HALF A MILLION, A MILLION, A MILLION AND A HALF, THAT THOSE CHANGE BASED ON THE DIFFERENT PARTS OF THE SYSTEM THAT WE'RE BUILDING TANKS. SO IT MAY NOT BE POSSIBLE WITH FUTURE TANKS TO BUILD THIS EXACT TANK BECAUSE JUST THOSE PARAMETERS CHANGE. SO THERE'S SOME UNIQUENESS AS WE WORK THROUGH CHANGE, AND I THINK WE'D HAVE TO INCORPORATE THAT IN OUR THINKING WITH DESIGN STANDARD AND HOW CONTRACTORS MIGHT GEAR UP FOR THAT IN THE FUTURE.

MAYOR WYNN: THANK YOU. COUNCIL MEMBER LEFFINGWELL?

LEFFINGWELL: COULD I JUST FOLLOW UP ON THAT JUST A LITTLE BIT? IS THERE A WAY TO SEPARATE OUT THE COMMON DESIGN ELEMENTS FROM THE CONSTRUCTION COSTS SO THAT IN THE FUTURE -- AND THEN THE SECOND QUESTION, I GUESS, IS IF WE DO THAT, DO WE NOW OWN THE DESIGN ELEMENTS, THE DESIGN, SO THAT WE WOULDN'T HAVE TO PAY FOR THAT AGAIN? I THINK THAT'S WHAT I UNDERSTOOD THE MAYOR TRYING TO ASK.

FOR THE ENHANCED COMPOSITE?

WOULD CHICAGO BRIDGE AND IRON BE WILLING TO GIVE YOU INFORMATION ON THAT?

WE'LL ASK THEM, AND I THINK WE COULD -- WE COULD CERTAINLY FACTOR THAT OUT AND COME BACK ON THAT, FOR SURE.

MAYOR WYNN: ANY FURTHER QUESTIONS? COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: GREG, I RECALL FROM AN EARLIER BRIEFING THAT THE WATER TOWERS ARE PROJECTED TO BE 100 YEAR ASSETS. IS THAT -- AM I RECALLING THAT ACCURATELY?

GENERALLY WITH GOOD MAINTENANCE, PAINTING AND MAINTENANCE WATER TOWERS CAN LAST A CONSIDERABLE TIME. SO I THINK THAT'S PROBABLY A FAIR STATEMENT.

MCCRACKEN: HOW LONG DO YOU FINANCE OUT THE COST OF THE WATER TOWERS?

THE BONDS ARE 30 YEARS.

MCCRACKEN: I WAS JUST MODELING OUT A DIFFERENCE, QUICKLY, AND THIS DOES NOT INCLUDE INTEREST, BUT IF YOU WENT LIKE -- YOU'D BE LOOKING AT A COST IN PRINCIPAL DIFFERENCE PER YEAR BETWEEN THE TWO DESIGNS OF $267,000, BASICALLY. IT'S $266,920 -- $921 PLUS INTEREST. WHAT -- I RECALL THAT THERE HAVE BEEN SOME INTEREST FROM THE MUELLER ADVISORY COMMITTEE IN THE PAST, STAKEHOLDERS, ABOUT LOOKING AT IF THERE IS A DIFFERENCE IN THE RECLAIMED WATER RATE TO MAKE UP THAT DIFFERENCE. HAVE YOU-ALL DONE SOME ANALYSIS ABOUT WHAT WOULD BE THE IMPACT ON THE RECLAIM WATER RATE TO MAKE UP THAT $267,000 PLUS INTEREST DIFFERENCE PER YEAR?

LET ME MAKE SURE I UNDERSTAND. YOU'RE ASKING IF WE WENT WITH THE LATTICE STYLE TANK AND THE EXTRA COST, HOW MUCH WE'D HAVE TO INCREASE THE RECLAIMED WATER RATE TO MAKE UP THAT DIFFERENCE?

YES, BECAUSE I THINK THAT HAD BEEN THE PROPOSAL FROM SOME STAKEHOLDERS IN THE AREA.

AND WAS IT JUST TO USERS IN THAT AREA OR RECLAIMED WATER RATES ACROSS THE BOARD?

I THINK YOU-ALL ARE MORE FAMILIAR WITH THIS THAN I AM, SO MAYBE RUDY OR SOMEONE COULD TELL US.

COUNCIL MEMBER, WE HAVE NOT RUN THAT SPECIFIC SCENARIO.

OKAY.

, IN FACT, WE ARE JUST AT THIS POINT JUST SEEKING DIRECTION. IF THAT'S -- IF, IN FACT, THE COUNCIL WAS US TO PURSUE FURTHER THE LATTICE STYLE TANK, WE COULD LOOK AT DIFFERENT OPTIONS FOR FUNDING THAT.

MCCRACKEN: I DON'T KNOW WHERE I COME DOWN ON THIS. WHAT I DO SEE, THOUGH, IS IT WOULD BE HELPFUL TO KNOW THE IMPACT ON THE RECLAIMED WATER RATE. IF WE'RE LOOKING AT, YOU KNOW, BASICALLY LESS THAN A THOUSAND DOLLARS A DAY OF DIFFERENCE PLUS INTEREST, THAT -- THAT MIGHT HAVE AN INCREDIBLY MINOR EFFECT ON A WATER RATE -- RECLAIMED WATER RATE, OR IT COULD BE, FOR INSTANCE, THAT WE MIGHT WANT TO LOOK AT, IN THE CASE OF THE MULLER REDEVELOPMENT, WE'RE INVESTING ALREADY $50 MILLION OF TAXPAYER FUNDS ON AN INFRASTRUCTURE, THAT PERHAPS, YOU KNOW, THERE IS AN INTEREST FROM STAKEHOLDERS TO MAKE UP THAT SMALL DIFFERENCE PER YEAR THROUGH SOME OTHER FINANCING STRATEGIES WE'VE ALREADY USED AT MILLER. I DON'T KNOW WHAT -- I DON'T KNOW WHERE I'D COME DOWN ON THOSE BUT I DO THINK IT WOULD BE HELPFUL TO KNOW JUST A LITTLE MORE INFORMATION ABOUT WHAT WOULD BE THE IMPACT ON THINGS SUCH AS RECLAIMED WATER RATES IF WE WERE TO MAKE UP THAT BASICALLY ABOUT A THOUSAND DOLLARS A DAY, WHICH MAY OR MAY NOT HAVE A BIG IMPACT.

WE COULD -- WE COULD RUN THOSE NUMBERS AND GET BACK.

MCCRACKEN: I THINK THAT WOULD BE HELPFUL FOR ME TO KNOW WHERE I COME DOWN.

MAYOR WYNN: COUNCIL MEMBER LEFFINGWELL?

LEFFINGWELL: AND WHILE YOU'RE DOING THAT I THINK WE ALSO NEED TO EVALUATE THE IMPACT ON OUR WATER CONSERVATION PROGRAM, BECAUSE A BIG PART OF THAT WAS INCENTIVIZING USE OF THE -- WITH THE PRICE DIFFERENTIAL FOR RECLAIMED VERSUS TREATED WATER. SO THAT HAS TO BE A PART OF IT. IT WAS A PART OF THE CONSERVATION PLAN. IT IS REFLECTED IN THE SAVINGS THAT WE'RE GOING TO ACHIEVE WITH CONSERVATION, SO WE NEED TO EXAMINE THAT TOO, I BELIEVE.

WE'LL MAKE SURE WE DO THAT, TOO.

MAYOR WYNN: FURTHER QUESTIONS OF STAFF? COMMENTS? THANK YOU, GREG. COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: JUST A QUESTION, AND IT'S KIND OF -- WHAT I TAKE FROM THIS IS WE DON'T HAVE ANY DIRECTION RIGHT NOW. WE JUST HAVE A LITTLE MORE INFORMATION TO COME BACK FROM AUSTIN WATER, AND WITH THAT INFORMATION WE CAN GIVE YOU DIRECTION. THAT'S KIND OF THE SENSE OF WHERE WE HAVE, THEN.

MAYOR WYNN: THAT'S WHAT I'M HEARING. I HAD TO STEP AWAY, GREG. I MAY HAVE MISSED IT. WHAT IS -- WHAT WILL BE THE STAFF'S PREFERENCE AS TO WHEN YOU-ALL NEED FINAL DIRECTION? OBVIOUSLY AT SOME POINT WE NEED TO FISH OR CUT BAIT.

WELL, OUR BIDS FOR THIS ARE GOING TO TIME OUT EVENTUALLY. LET ME -- WHEN DO THE BIDS TIME OUT IS? OUT?

BY THE FIRST OF MARCH THE CURRENT BIDS WILL EXPIRE, SO WE'D LIKE TO KIND OF DECIDE IF WE'RE GOING TO GO AHEAD WITH THE COMPOSITE TANK THEN OR REBID, SO I THINK THAT WOULD BE OUR TIME FRAME FOR TRYING TO WRAP THAT UP.

MAYOR WYNN: THANK YOU. I APPRECIATE THAT DEADLINE, ACTUALLY. FURTHER QUESTIONS, COMMENTS? COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: WELL, THEN I GUESS THE QUESTION IS, WHAT IS THE MECHANISM BY WHICH WE'LL GET THAT INFORMATION? WILL WE HAVE THIS AS ANOTHER AGENDA ITEM IN LIKE TWO WEEKS?

, IN FACT, COUNCIL MEMBER, WHAT I WANTED TO DO IS JUST GET CONFIRMATION ON EXACTLY THE EXPECTATIONS AND THE DELIVERABLE CAN BE A REPORT FROM STAFF BACK TO MAYOR AND COUNCIL AND WE CAN GET FEEDBACK FROM YOUR OFFICES. SO WE WILL CONTACT THE CONTRACTOR FOR THE LATTICE-STYLE TANK AND DISCUSS IF, IN FACT, WE REBID THIS FOR MULTIPLE NUMBER OF TANKS, WOULD THERE BE A COST DIFFERENTIAL. THAT WAS ONE QUESTION THAT I UNDERSTOOD WE WANTED TO PURSUE. AND THEN IF, IN FACT, THE COST STAYED AROUND THE SAME, LOOK AT FUNDING OPTIONS, WHAT KIND OF IMPACT IT WOULD HAVE ON RECLAMATION WATER RATES AND THE IMPACT TO THE CONSERVATION EFFORTS, AND THEN IF THERE IS ANY OTHER FUNDING CONCERNS, THAT WE NEED TO BRING TO YOUR ATTENTION, THOSE WERE BASICALLY THE TWO MAIN ISSUES THAT I UNDERSTAND YOU EXPECT US TO GO BACK AND --

DUNKERLEY: WHILE YOU'RE DOING THAT YOU MIGHT AS WELL INCLUDE IN THAT ANALYSIS THE OTHER WATER TOWER YOU HAVE IN YOUR PLAN, BECAUSE I DON'T THINK THIS IS GOING TO BE AN ISOLATED INSTANCE.

AND AS PART OF THAT WE WILL GO AHEAD AND IDENTIFY FOR YOU BASICALLY WHAT WE HOLD FOR THE FUTURE ON HOW MANY TANKS AND WHERE THEY EXPECT TO BE PLACED AT.

MCCRACKEN: AND MAYOR.

MAYOR WYNN: YES, COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: MY PREFERENCE WOULD BE IF WE COULD JUST COME BACK TO THE FULL SESSION. IT'S VERY HELPFUL FOR US TO BE ABLE TO HEAR THE SAME INFORMATION. I THINK IT WOULD PROBABLY TAKE 15 MINUTES MAYBE AT OUR NEXT MEETING.

MAYOR WYNN: LET'S DO -- HAVE AGENDA STAFF, YOU KNOW, PLACE-HOLD AN ITEM FOR TWO WEEKS FROM NOW, THE 14TH, AND PERHAPS AS A CAUTION BE POSTED -- AT TIMES HOW WE'VE DONE BEFORE IS WE CHOOSE BETWEEN TWO BIDS AND TWO CONTRACTS, AND HOPEFULLY BY THEN WE'LL HAVE ENOUGH INFORMATION FOR THE PRESENTATION AT THAT TIME FOR US TO BE ABLE TO MAKE A DECISION FOR YOU.

THAT'S FINE WITH US. WE'LL DO THAT. YOU BET.

MAYOR WYNN: FURTHER THOUGHTS, COMMENTS? COUNCIL MEMBER LEFFINGWELL?

LEFFINGWELL: AT THE RISK OF BEING REPETITIVE, I DO WANT TO EMPHASIZE IT'S VERY IMPORTANT THAT WE MAINTAIN THIS COST DIFFERENTIAL BETWEEN RECLAIMED AND TREATED WATER TO INCENTIVIZE -- AND THE CUSTOMERS ARE GOING TO BE USING THIS, BY THE WAY, ARE BIG CUSTOMERS, NOT INDIVIDUAL RESIDENCES, SO A VERY SMALL -- A VERY SMALL UNIT PRICE INCREASE THAT'S GOING TO HAVE A BIG EFFECT, AND WE NEED TO LOOK VERY CLOSELY AT THE IMPACT OF COSTING OUT THAT DELTA AS A PART OF THE PRICE OF RECLAIMED WATER. MY GUT FEELING IS THAT'S NOT GOING TO WORK VERY WELL, BUT WE CERTAINLY NEED TO TAKE A LOOK AT IT.

MAYOR WYNN: THANK YOU, GREG, RUDY. WELL, COUNCIL, THAT CONCLUDES OUR MORNING BRIEFING. I WILL SAY EARLIER ON OUR CONSENT AGENDA I WAS REMISS. I HAD SOME QUESTIONS THAT I WAS GOING TO ASK WHILE ALLOWING ITEM 11 TO STAY ON THE CONSENT AGENDA, THAT BEING THE PROPOSED INTERIM LOBBY CONTRACTS. I SEE MISFACALO AND MR. HUNTS ARE HERE. THEY HAVE I HAVE A COUPLE QUESTIONS. I EXPECT THEY'LL BE ANSWERED TO OUR SATISFACTION. THE FIRST QUESTION, KRISTEN, IS THE POSTING LANGUAGE SUMMARY JUST IMPLIED THAT THESE ARE ONE-YEAR CONTRACTS, BUT TECHNICALLY WHAT THESE ARE ARE CONTRACTS THAT ARE EXPIRING AT THE END OF THE CURRENT FISCAL YEAR; IS THAT CORRECT?

THAT'S CORRECT, MAYOR. CHRIS TAKE MASALA, CHIEF OF STAFF. GOOD MORNING. THESE CONTRACTS, THE FORMER CONTRACTS EXPIRED AT THE END OF SEPTEMBER OF LAST YEAR. THIS CONTRACT WAS TO BEGIN IN OCTOBER 1 OF LAST YEAR AND THEN WOULD EXPIRE AT THE END OF SEPTEMBER OF '08.

MAYOR WYNN: RIGHT. SO IN A SENSE THIS GETS US BACK INTO WHAT WOULD BE OUR ANNUAL BUDGET TIMING. SO IN THEORY, IF WE WANTED TO TALK ABOUT, YOU KNOW, EITHER CHANGING THE AGGREGATE NUMBER, GROWING IT, SHRINKING IT, IN A SECOND HERE I'LL ASK A COUPLE QUESTIONS ABOUT OUR EFFORTS IN WASHINGTON, D.C., BUT THAT COULD -- THERE COULD BE THAT SORT OF DIRECTION AS WE DEVELOP NEXT FISCAL YEAR'S BUDGET OVER THE COURSE OF THE SUMMER, I PRESUME?

ABSOLUTELY, MAYOR, AND WHAT WE HAVE DONE IS THIS IS A YEAR BASIS. WHAT WE COULD DO WITH DIRECTION FROM COUNCIL IS COME BACK TO YOU WITH A TWO-YEAR SCHEDULE THAT WOULD TALK ABOUT OUR LEGISLATIVE EFFORTS FOR A SESSION YEAR, WHICH WOULD BE NEXT JANUARY, AND THEN IN ADDITION ON A OFF STATE SESSION YEAR, HOW WE COULD DO FUNDS DIFFERENTLY, HOW WE COULD BRING WILL IN DIFFERENT FOCUSES FOR AN INTERIM BASIS VERSUS A LEGISLATIVE SESSION, BECAUSE AS YOU KNOW THEY ARE VERY DIFFERENT ANIMALS. SO WITH ANY DIRECTION FROM YOU WE ARE HAPPY TO COME BACK WITH A PROPOSAL WAY IN ADVANCE OF THE EXPIRATION OF THESE CONTRACTS SO THAT THEY COULD BE WORKED IN THE BUDGET CYCLE.

MAYOR WYNN: AND LASTLY, THESE CONTRACTS TECHNICALLY ARE JUST FOR WHAT I GENERALLY CHARACTERIZE AS OUR AUSTIN, OUR STATE EFFORTS.

YES, SIR.

MAYOR WYNN: THIS DOESN'T HAVE AN IMPACT ON WHAT WE CURRENTLY DO IN WASHINGTON, D.C., CORRECT?

THAT IS CORRECT. IN DECEMBER YOU PASSED A CONTRACT FOR OUR -- ONE OF OUR EFFORTS IN THE WASHINGTON, D.C. AREA, SO THAT HAS -- THAT IS GOING ON, BUT THIS RIGHT NOW IS JUST FOCUSED ON OUR STATE. IN THE PAST WE'VE PUT THOSE TOGETHER. I THINK IT MAKES MORE SENSE THAT WE SEPARATE THOSE AND LOOK AT THOSE INDIVIDUALLY, SO THAT'S WHAT YOU HAVE BEFORE YOU TODAY.

MAYOR WYNN: SO ACTUALLY I'LL JUST STATE, COUNCIL, WITH THAT IN MIND, MY UNDERSTANDING IS, FROM MY MEMORY, WE ACTUALLY ONLY RELATIVELY RECENTLY GREW OUR BUDGET, IF YOU WILL, IN WASHINGTON, D.C. FROM I THOUGHT WHAT MIGHT HAVE BEEN 30 OR $40,000 A COUPLE YEARS AGO NOW TO APPROXIMATELY 75,000. AND SO I WOULD BE -- LIKE TO SUGGEST THAT -- WHETHER WE DO IT, YOU KNOW, SOONER RATHER THAN LATER, BUT CERTAINLY THROUGH OUR BUDGET DELIBERATIONS THIS LATE SPRING, EARLY SUMMER, IS I REALLY BELIEVE THAT WE NEED TO HAVE A PRETTY MEASURABLE EXPANDED PRESENCE AND EFFORT, BUDGET, FRANKLY, IN WASHINGTON, D.C. AND SO I THINK WE'LL HAVE THIS OPPORTUNITY EITHER, YOU KNOW, IN SHORT ORDER OR CERTAINLY DURING THE BUDGET PROCESS TO, I THINK, MEASURE REPLY GROW OUR PRESENCE THERE. MY -- IN TALKING WITH OTHER MAYORS AND TRYING TO ANALYZE OTHER CITIES, SOME OF WHICH WERE VERY SUCCESSFUL, SEEMINGLY, IN WASHINGTON, D.C., IT STRUCK THAT WE HAVE A VERY SMALL BUDGET IN THE NATION'S CAPITAL, CERTAINLY WHEN YOU COMPARE IT TO WHAT WE DO UP THE STREET AT THE STATE HOUSE. SO -- MAYOR PRO TEM?

DUNKERLEY: I'D LIKE TO ADD ONE THING. I TOO AM WANTING TO SUPPORT INCREASING OUR PRESENCE IN WASHINGTON, AND I WOULD NOT BE AVERSE TO YOU-ALL LOOKING AT THAT AND GIVING US ADVICE, AND IF -- IF WE CAN BENEFIT FROM MOVING THAT FORWARD, I WOULD SUGGEST THAT WE USE OUR CURRENT YEAR CONTINGENCY, WHICH IS, WHAT THAT CONTINGENCY IS FOR, THINGS THAT COME UP IN THE MIDDLE OF THE BUDGET YEAR ACTION AND GET THAT DONE SOONER RATHER THAN LATER. BUT I'D LIKE TO HAVE SOME FEEDBACK FROM YOU AND YOUR STAFF AS TO WHETHER OR NOT YOU THINK IT WOULD BE BENEFICIAL TO MOVE MORE QUICKLY THAN WAITING UNTIL NEXT SEPTEMBER.

ABSOLUTELY. AND -- THANK YOU VERY MUCH.

MAYOR WYNN: COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: MY UNDERSTANDING IS THAT WHILE WE DO HAVE A GENERAL LOBBYING PRESENCE IN WASHINGTON, D.C., WE ALSO ACTUALLY HAVE THE AUSTIN ENERGY LOBBYING PRESENCE. I THINK IT WOULD BE HELPFUL FOR US AS THE BOARD OF AUSTIN ENERGY TO GET A SENSE OF WHAT OUR FOCUS IS FOR AUSTIN ENERGY'S LOBBYING EFFORTS, BECAUSE A BIG PART OF WHAT WE'VE ENVISIONED AS OUR LOBBYING EFFORT IN WASHINGTON, D.C. IS EXPANDING OUR CLEAN ENERGY OPPORTUNITIES, THINGS LIKE THE NATIONAL RENEWABLE ENERGY LABORATORY, LOCATING ONE OF THE REGIONAL LABS IN AUSTIN. SO -- WHICH ARE PART OF OUR -- PER OUR POLICY MISSION ON THE COUNCIL, AND AS THE BOARD MEMBERS OF AUSTIN ENERGY. I THINK WE NEED TO MAKE SURE THAT AS THE BOARD MEMBERS OF AUSTIN ENERGY WE HAVE SOME SENSE OF WHAT POLICY DIRECTIONS AUSTIN ENERGY IS EMBARKING ON WITH THE LOBBYING EFFORTS, BECAUSE IT STRIKES ME WE DON'T KNOW WHAT IT IS, BUT IT'S NOT TRADITIONALLY BEEN INCLUDED IN OUR ANALYSIS OF WHAT WE'RE SPENDING ON LOBBYING, EVEN THOUGH WE DO HAVE WASHINGTON, D.C. LOBBYISTS IN WASHINGTON.

ABSOLUTELY. WE CAN ARRANGE FOR THAT.

MAYOR WYNN: COUNCIL MEMBER COLE?

COLE: I KNOW THAT WE HAVE HAD A SUBSTANTIAL AMOUNT OF TALKS IN LAND USE AND TRANSPORTATION ABOUT THE -- OUR TRAILS AND TRANSIT EFFORTS THAT WE HOPE TO ACCOMPLISH OVER THE NEXT FIVE TO TEN YEARS, AND I THINK THAT IT WOULD BE WISE FOR OUR CITY TO GO AHEAD AND ESTABLISH A BASELINE PRESENCE TO TRY TO GET EARMARKS FOR THOSE THINGS, AND WE SHOULD ALSO FOLLOW THE DIRECTIVES OF OUR OTHER CITIES IN HOUSTON AND SAN ANTONIO, THAT HAVE BEEN VERY SUCCESSFUL IN THAT REGARD.

ABSOLUTELY. JUST AS AN EXAMPLE, COUNCIL MEMBER, IN NOVEMBER OF LAST YEAR THE WRDA, WHICH IS THE WATER RESOURCE DEVELOPMENT ACT, WAS PASSED IN 2007, THIS ENABLED AND APPROVED APPROPRIATIONS OF $46 MILLION, OF WHICH THE CITY OF AUSTIN HAS A PROJECT -- SEVERAL PROJECTS THAT WOULD BE ELIGIBLE FOR THAT. SO AS YOU KNOW, THAT IS WHERE RESOURCES ARE FOR US TO CONTINUE IN THE WORK THAT WE DO, AND WE NEED TO CONTINUE THOSE EFFORTS.

MAYOR WYNN: COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: MY UNDERSTANDING ALSO IS THAT WHILE WE NEED AN ON THE GROUND LEGISLATION AND PRESENCE IN WASHINGTON, D.C., WHICH IS ONE OF THE THINGS SHE DIVED FOR TRANS IDENTIFIED FOR TRANSIT FUNDING, ALL LOBBYISTS WE HIRE HERE HAVE THE RELATIONSHIPS WORKING WITH OUR CONGRESSIONAL DELEGATION AS WE. WE MAY BE ABLE TO LEVERAGE THE FACT THAT WE HAVE OUR TEAM WORKING FOR US THE ENTIRE TWO YEARS, TO WORK WITH OUR CONGRESSIONAL DELEGATIONS AS WELL, BECAUSE WE HAVE FOUR MEMBERS OF THE CONGRESSIONAL DELEGATION WHO REPRESENT PART OF AUSTIN.

THERE'S NO QUESTION. IN FACT, WE'VE DONE THAT IN THE PAST. WE'VE USED THESE CONTRACTS AS WELL IN SOME OF OUR EFFORTS IN D.C., BECAUSE THEY DO HAVE ASSOCIATIONS. EITHER THEIR LAW FIRMS HAVE A PRESENCE IN D.C. OR THEY ACTUALLY DO THAT WORK AS WELL. SO THAT'S -- THAT'S ALWAYS AN OPPORTUNITY FOR US. AND WE'LL LOOK AT THOSE OPPORTUNITIES.

MAYOR WYNN: COUNCIL MEMBER KIM?

KIM: ONE OTHER THING THAT I KNOW THAT WE NEED TO TAKE A LOOK AT IS COORDINATING OUR LOBBYING EFFORTS FOR ADDITIONAL FUNDING FROM THE FEDERAL GOVERNMENT. FOR EXAMPLE, AUSTIN SAN ANTONIO RAIL CORRIDOR HAS PEOPLE WHO ARE LETTING PEOPLE KNOW AT THE CONGRESSIONAL LEVELS, WITH ?AR KAY BAILEY HUTCHISON, HOSE VERY SUPPORTIVE OF THIS PROJECT, TO MOVE FREIGHT OFF OF THAT LINE AND HAVE PASSENGER RAIL FOR THE CORRIDOR. AND SO I WOULD JUST LIKE TO ASK THAT WHILE WE'RE LOOKING AT AN INCREASED PRESENCE IN WASHINGTON, D.C., THAT WE ALSO LOOK AT WHO HAS HIRED WHOM FOR THE OTHER AREAS OF COLLABORATION, FOR EXAMPLE, WITH THE RAIL PROJECT.

ABSOLUTELY, AND COORDINATING WITH NUMEROUS REGIONAL GOVERNMENTS IN THEIR EFFORTS IN D.C., OF COURSE THAT WOULD BE PART OF IT.

KIM: THANK YOU.

MAYOR WYNN: AND COUNCIL MEMBER MARTINEZ?

MARTINEZ: THANK YOU. THANKS, MAYOR. I WANTED TO ASK A LITTLE BIT ABOUT THE PLAN FOR WHEN THIS COMES BACK BEFORE OCTOBER, IN TERMS OF EVALUATING OUR CURRENT PROCESS AND ACTUAL TEAM MEMBERS AND WHETHER OR NOT WE'RE GOING TO HAVE SOMETHING THAT COUNCIL CAN CONSIDER MOVING FORWARD AS TO. WHAT IS THE BEST MAKEUP OF OUR TEAM? WE HAVE ALL KINDS OF ELECTIONS GOING ON THIS MARCH AND THEN ULTIMATELY IN NOVEMBER THAT COULD HAVE A SIGNIFICANT IMPACT ON HOW THE LEGISLATURE LOOKS. AND SO WHAT I'D LIKE TO DO OR WHAT I'D LIKE TO SEE IS SOME TIME OF PROCESS COMING BACK THAT TAKES THOSE, I GUESS -- THAT TAKES THAT INTO CONSIDERATION AND ALLOWS COUNCIL TO PUT THE BEST TEAM FORWARD BASED ON AUSTIN'S NEEDS AND BASED ON THE CURRENT PICTURE OF THE -- WHAT WE'RE LOOKING AT IN THE LEGISLATURE FOR THE NEXT SESSION. IS THAT SOMETHING THAT STAFF HAS CONSIDERED OR IS THAT SOMETHING THAT CAN BE ACCOMPLISHED BETWEEN NOW AND THIS COMING OCTOBER WHEN WE REALLOCATE THIS?

ABSOLUTELY, COUNCIL MEMBER, AND, IN FACT, I THINK IT'S SOMETHING WE WOULD COME BACK TO YOU WEIGH ADVANCE IN OCTOBER. SO AGAIN, DURING THAT BUDGET CYCLE YOU HAVE THE OPPORTUNITY, AND WHAT WE WILL DO IS COME BACK TO YOU WITH A PLAN, BOTH INCORPORATING WHAT I'VE HEARD TODAY IN TERMS OF A FEDERAL EFFORT AND ALSO LOOKING AT OUR STATE EFFORT AND SEEING IF WE NEED TO MAKE CHANGES, AND THEN HOW WE MIGHT MAKE THOSE CHANGES AND HOW THOSE TWO CAN COMPLEMENT ONE ANOTHER. WE WILL BRING BACK SOMETHING TO YOU IN ADVANCE OF THE BUDGET SESSION SO THEN YOU CAN MAKE THOSE DECISIONS AND GIVE US DIRECTION. AND AGAIN, IN RESPONSE TO MAYOR PRO TEM'S COMMENT, IF WE FEEL THAT WE NEED A PRESENCE OR SOME CHANGES THIS YEAR, WE WILL -- ESPECIALLY IF WE NEED AN ENHANCED EFFORT IN WASHINGTON, D.C., WE CAN BRING THAT TO YOU AT THAT TIME AS WELL. SO WE WILL COME BACK TO YOU WITH A COMPREHENSIVE PLAN ON HOW TO MOVE THIS FORWARD. I AM HEARING, AND WE HAVE HEARD, THAT THERE IS TIME TO REEVALUATE THIS, AND WE COULDN'T AGREE MORE. THERE'S NO QUESTION THAT WE CAN BRING YOU SEVERAL OPTIONS, AND THEN YOU CAN GIVE US FURTHER DIRECTION AND WE CAN BRING THOSE BACK AS WE BRING BACK NEW CONTRACTS.

GREAT. I HAD ONE OTHER QUESTION THAT WAS ASKED OF ME THAT I COULDN'T ANSWER. I THINK I KNOW THE ANSWER BUT I WANTED TO ASK AND JUST ALLOW THE PUBLIC COMMENT ON THAT.

SURE.

MARTINEZ: AND THAT WAS, WE'RE VOTING ON THIS ITEM AND IT'S ROUGHLY A MILLION DOLLARS WORTH OF SERVICE CONTRACTS BUT YET THERE WAS NO RFP AND NO OPPORTUNITY FOR ANY FOLKS TO SUBMIT AND, YOU KNOW, COME TO US AND SAY, WE THINK WE'D BE GREAT FOR YOUR TEAM. J IS THAT AND WHAT ALLOWS US TO AUTHORIZE THIS WITHOUT AN RFP PROCESS?

ABSOLUTELY. I'LL TALK TO YOU HOW WE'VE USED THIS PROCESS, BUT I'M ALSO -- IF BYRON JOHNSON IS AVAILABLE -- YEAH, HE IS. I'D RATHER HIM SPEAK TO YOU ABOUT THE LAW AND WHAT ENABLES US TO DO THAT. BUT IN THE PAST, AND THIS IS SOMETHING THAT HAS BEEN CONSISTENT FOR THESE KINDS OF CONTRACTS, IS WE'VE LOOKED AT THE NEEDS THAT WE HAVE, SPECIFIC NEEDS, AND IDENTIFIED THOSE AND HAD CONVERSATIONS WITH PEOPLE WHO HAVE HAD THOSE. OBVIOUSLY WE DO GET PHONE CALLS A LOT, AND PURSUE THOSE TO SEE IF THERE'S A GAP THAT WE NEED TO FILL IN TERMS OF BRINGING A COMPLETE TEAM TO YOU THAT BRINGS US THOSE RESOURCES. SO THAT IS HOW WE'VE BEEN ACCOMPLISHING THAT. AGAIN, COUNCIL MEMBER, IF THERE'S SOMETHING THAT YOU WOULD WANT, WE WILL LOOK AT PROCESS AS WELL AS PLAN WHEN WE BRING YOU BACK SUGGESTIONS. BUT I'LL LET BYRON FOLLOW UP, OR JIMMY, FOLLOW UP, IF I'VE MISSED ANYTHING.

MARTINEZ: MORNING, JENNY.

MORNING. STATE PROCUREMENT LAW DOES NOT REQUIRE US TO PROCURE FOR PROFESSIONAL SERVICES, AND THE LOBBY CONTRACTS ARE CONSIDERED PROFESSIONAL SERVICES. SO THERE'S NOT A TRADITIONAL PROCUREMENT SERVICE FOR THAT.

MARTINEZ: OKAY. THANK YOU.

UH-HUH.

MAYOR WYNN: COUNCIL MEMBER MCCRACKEN?

MCCRACKEN: AND I THINK IT'S IMPORTANT FOR ALL OF US TO REMEMBER THE ACCOMPLISHMENTS THAT OUR LEGISLATIVE EFFORTS HAVE ACHIEVED, WHICH ARE REALLY PHENOMENAL, BECAUSE WITH PROBABLY FIVE, SIX SECTIONS RUN AT A MINIMUM, DEFINITELY SINCE I'VE BEEN ON THE COUNCIL, THERE HAVE BEEN SERIOUS LEGISLATIVE EFFORTS THAT CAME CLOSE TO SUCCESS TO GUT THE CITY OF AUSTIN'S ABILITIES TO HAVE ITS OWN WATER QUALITY AND ENVIRONMENTAL CONTROLS, REMOVE THEM, STRIP THEM FROM THE CITY OF AUSTIN. WHERE WE GOT DOWN TO THE FINAL HOURS OF THE SESSION NOT SURE WHETHER THOSE EFFORTS WOULD SUCCEED OR NOT. AND SO I THINK WE SHOULD BE GRATEFUL FOR THAT GREAT EFFORT ON OUR LEGISLATIVE REPRESENTATION IN THE CAPITAL. WE HAVE ALSO HAD FOR THREE SESSIONS RUNNING SERIOUS WL ORGANIZED GENUINE THREATS THAT HAVE GUTTED THE ABILITY OF CITY GOVERNMENT TO HELP POLICE AND FIRE PROTECTION, ROAD MAINTENANCE THROUGH -- FROM -- THROUGH REVENUE CAPS. THIS IS SERIOUS BUSINESS THAT WOULD HAVE PERMANENTLY HOB HE WOULD THE CITY OF AUSTIN TO PROVIDE BASIC LOCAL SERVICES. THERE WAS A SERIOUS WELL FUNDED EFFORT TO STRIP STRIP OF CITY OF ITS MCMANSION ORDINANCE, WHICH WE WERE SUCCESSFUL IN HAVING LOCAL CONTROL OVER LAND USE ISSUES SUCH AS THAT. AND ALSO OUR LOBBYING TEAM IN PARTNERSHIP WITH OUR LOCAL DELEGATION, HAD A -- AN INCREDIBLY SUCCESSFUL EFFORT THAT ALMOST GOT PAST ON ITS FIRST GO-ROUND ON SH-130 INFRASTRUCTURE LEGISLATION. AND SO WE HAVE SOME MAJOR ACHIEVEMENTS THAT I THINK THE CITY OF AUSTIN -- ALL AUSTIN TAXPAYERS, RESIDENTS CAN BE VERY GRATEFUL FOR THOSE SUCCESSES. THEY DIDN'T HAPPEN BY ACCIDENT: I KNOW THAT A LOT OF THE FOLKS IN THIS ROOM, YOU KNOW, KRISTEN, JOHN, LAURA HUFFMAN ARE DOING THINGS LIKE GOING UP AT 11:00 AT NIGHT TO THE CAPITAL, MEETING OUR LOBBYISTS WHO ARE ALSO SHOWING UP AT THE CAPITAL AT 11:00 OR MIDNIGHT TO PREVENT EFFORTS TO GUT THINGS THAT ARE PART OF OUR CORE MISSION AND VALUES IN THIS COMMUNITY. SO THESE ARE SOME GOOD SUCCESSES THAT ARE A GOOD RETURN ON OUR INVESTMENT FOR QUALITY OF LIFE HERE IN AUSTIN. SO I APPRECIATE ALL YOU-ALL'S GREAT WORK.

THANK YOU VERY MUCH.

MAYOR WYNN: FURTHER COMMENTS? COUNCIL MEMBER COLE?

COLE: IN ADDITION TO THE DIRECT THAT WE ASK YOU TO TAKE ON TRYING TO GET OUR CURRENT LOBBY TEAM TO GIVE YOU SOME FEEDBACK ON THE FEDERAL LOBBYING EFFORT, I THINK IT'S IMPORTANT THAT WE REALIZE EVEN IN THE OFF-SEASON WHEN THE LEGISLATURE IS NOT MEETING, WE'RE ASKING THAT TEAM TO WORK. WE'RE ASKING THEM TO GO TO INTERIM COMMITTEE MEETINGS AND WE'RE ALSO ASKING THEM TO ACTIVELY PARTICIPATE IN THE POLITICAL PROCESS SO THAT WE KNOW WHAT WE SHOULD BE DOING EVEN IN THE OFF-SEASON, AND I WOULD THINK SOME OF THAT WORK WOULD BE OF VALUE TO US IN TRYING TO EVALUATE WHEN WE USE THAT FEDERAL CONTRACT AND WHAT WE NEED TO BE GETTING READY FOR IN THE UPCOMING SEASON.

ABSOLUTELY. THIS IS THE TIME IN WHICH WE PREPARE AND WHICH WE CONTINUE OUR RELATIONSHIP-BUILDING AND ANTICIPATE WHAT'S GOING TO BE PART OF A CRAZY, FRANTIC 140 DAYS STARTING IN JANUARY. SO ABSOLUTELY.

MAYOR WYNN: AGAIN, TECHNICALLY WE HAVE ALREADY APPROVED THIS ITEM ON OUR CONSENT AGENDA EARLIER, ITEM NO. 11, HAD SOME ADDITIONAL DIRECTION OF STAFF AND ADDITIONAL QUESTIONS ANSWERED. FURTHER COMMENTS OR QUESTIONS OF STAFF? NO NEED TO RECONSIDER THE ITEM? THANK YOU ALL VERY MUCH.

THANK YOU.

MAYOR WYNN: SO COUNCIL, THAT CONCLUDES OUR MORNING APPROVALS AND BRIEFING. AT THIS TIME WITHOUT OBJECTION WE'LL GO INTO CLOSED SESSION PURSUANT TO SECTION 551.071, TO TAKE UP POTENTIALLY SOME LEGAL ITEMS, ITEMS 85, REGARDING THE TRANSITION WITH OUR TRAVIS COUNTY HEALTH CARE DISTRICT, ITEM NO. 86 REGARDING LEGAL ISSUES REGARDING ARBITRATION OF ANNEXED SERVICE PLANS FOR A NUMBER OF AREAS. ITEM NO. 87, LEGAL ISSUES REGARDING THE REDEVELOPMENT OF THE SEA HOME POWER PLANT BUILDING AND PROPERTY, SWENGS POTENTIAL LEGAL ITEMS ON 89, REGARDING OUR AUSTIN WATER UTILITIES CUSTOMER DAMAGES REIMBURSEMENT FUND. WE MAY ALSO TAKE UP A REAL ESTATE MATTER, ITEM NO. 88, REGARDING THE SEAHOLM POWER PLANT AS A REAL ESTATE MAR IN CLOSED SUCH AS WELL. I ANTICIPATE US COMING BACK INTO CLOSED SESSION RIGHT AT NOON FOR OUR GENERAL CITIZEN COMMUNICATION, AND THEN RETIRING BACK INTO CLOSED SESSION AROUND 12:30 FOR THE REST OF THESE THAT SHOULD TAKE US INTO THE MIDAFTERNOON. SO WE ARE NOW IN CLOSED SESSION. WE SHOULD BE BACK AT NOON FOR CITIZEN COMMUNICATION. THANK YOU.

Dunkerley: WE'RE READY FOR OUR CITIZENS COMMUNICATION, AND OUR FIRST SPEAKER IS FRED SHUFFIELD. IS FRED HERE?

THEY SAID HE IS OUT OF TOWN ON AN EMERGENCY AND WILL NOT BE HERE.

Dunkerley: GREAT. THANK YOU. THE NEXT PERSON ON MY LIST IS PAUL ROBBINS.

AUSTIN IS KNOWN AROUND THE COUNTRY AS A GREEN CITY AND A CLEAN ENERGY CAPITAL OF THE NATION. NUCLEAR POWER IS NEITHER GREEN NOR CLEAN, NOR IS IT CHEAP, RENEWABLE OR SAFE. IT'S NOT GREEN OR CLEAN DO YOU TO YOU ARE RAN NUMB MINING -- URANIUM MINING. THERE'S A LOT OF LOW LEVEL RADIOACTIVE WASTE IN THE PATH OF THE CONTAMINATED AQUIFERS AND OTHER DRINKING SOURCES IN THE LAND AROUND IT. BETWEEN THE MINING, ITS ENRICHMENT OF URANIUM CONSTRUCTION, THERE'S ENORMOUS RELEASE OF FOSSIL FUEL EMISSIONS. THE COST IS ALSO VERY HIGH. THE SOUTH TEXAS NUCLEAR PROJECT ORIGINALLY BACK IN THE 70'S AND 80'S HAD A BUDGET OF LESS THAN A MILLION DOLLARS WITH AN ACTUAL 5.6 BILLION AND WAS SAID TO BE BUILT IN FOUR YEAR AND INSTEAD WAS BUILT IN 12. THE EXPANSION IS ESTIMATED AT 6.6 TO 8.6 BILLION WITH MOODY'S CORPORATION FINANCE ESTIMATE AT 16.2 BILLION. THEY'RE ALSO SAYING THAT IT'S ALSO GOING TO BE ONLY FOUR YEARS, BUT WHO'S TO SAY. RENIEWBL. THIS IS NOT A RENEWABLE RESOURCE. SOME REPORTS SHOW TODAY THAT THE URANIUM HAD MAYBE LESS THAN 2,000 FLIRT AND THAT WILL RUN OUT AT SOME POINT. THERE ARE ALSO A LOT OF ACCIDENTS, LEAKS, COOLING ISSUES AND STORAGE. COOLING ISSUES, URANIUM OR NUCLEAR POWER REQUIRES A LOT OF WATER FOR COOLING, AND WITH INCREASED TEMPERATURES AND DROUGHTS AND ALSO WATER ISSUES THAT WE HAVE HERE IN TEXAS, THIS COULD DEFINITELY BECOME AN ISSUE. STORAGE IS DEFINITELY AN ISSUE AFTER 50 YEARS OF PRODUCING THE MINING TAILINGS AND ALSO FROM THE MAINTENANCE AND EVERYTHING OF RUNNING A NEW NUCLEAR POWER PLANT THIS, STORAGE OF THIS MATERIAL STILL HAS NOWHERE TO GO. IT DOES NOT HAVE A HOME. WHO IS TO SAY IF TERRORISTS OR OTHERS GET HOLD OF THE RADIOACTIVE TERG? WHAT I WOULD LIKE TO SEE AUSTIN DO IS CONTINUE TO BE A GREEN CITY AND A CLEAN CITY. AND TO PROMOTE AND KEEP GOING WITH THE PLANS IN PLACE WITH SOLAR POWER AND WIND POWER, GREEN BUILDING AND ON SITE CO-GENERATION BUILDING SUCH AS DELL'S CHILDREN HOSPITAL. SO I ASK YOU NOT TO CONSIDER NUCLEAR POWER PLANT EXPANSION AS CLEAN ENERGY FOR OUR FUTURE. THANK YOU.

THERE IS A NEW PRODUCT BEING SOLD AT H.E.B. (INDISCERNIBLE) ITS OWNER MAY BE THE SAME (INDISCERNIBLE) PLACED TO COUNTER MASSIVE HOLOCAUST OF CHILDREN IN THE KOREAN AND VIETNAM CONFLICTS. THEY CONTINUE THE BUSINESS MODEL. SOME MONTHS AGO THIS GUY WAS HIT BY A MILITARY STYLE COMMANDO, BUT MISSED. SO H.E.B. MIGHT BE LAUNDERING DRUG MONEY. NUMBER TWO, I ASKED FOR A JUDGE FOR TWO RAIDS BY THE A.P.D. AND HI A CHANCE TO RESIDENCE THE TRIAL BEFORE NINE WHICH THE INDIVIDUAL REPRESENTED HIMSELF AND HE WAS TICKETED AT 95 MILES PER HOUR ON MOPAC AND THEN 60 ON ENFIELD BY AN OFFICER OPERATING HER COMPUTER. THE OFFICERS WERE WORRIED ABOUT (INDISCERNIBLE). AT THE END, CHARGES WERE DISMISSED BY JUDGE MITCHELL SOLOMON. THEN HE EXCUSES HIMSELF FOR A MOMENT, THEN THE PROSECUTOR STANDS UP AND EX-CLAIMS, THAT WAS FUCKING BULL SHIT. A SECOND TIME LATER. I ASKED SECURITY, HOW CAN HE SAY THAT IN A COURTROOM? HE SAID I'M NOT HERE. AS THE SPEEDING OFFICER WALKED OUT OF THE ROOM, I KNEW I WAS IN A BAD SPOT AND I WAS UP NEXT. AGAIN, DURING QUESTIONING, JUDGE SOLOMON ALLOWED OFFICER DAVIS TO LIE UNDER OATH SEVERAL TIMES AS DID BEFORE. THEN I SAID WHAT ABOUT DRUG DEALING AND THE POLICE COMING DOWN ON US? HE SAID CALL 311. THE CHIEF KNOWS THIS CRIME BARRAGE HAS BEEN INTRODUCED. HE CANNOT ROUND THEM UP IN 15 MINUTES. INSTEAD HE SET UP A CHECKPOINT TWICE FOR (INDISCERNIBLE) TO GO THROUGH. HOW DO YOU SAY COWARD IN SPANISH? TRAVIS COUNTY HOLDS THE WORST ERRORS IN EDUCATION, EMPLOYMENT AND POVERTY ALL FED BY FEAR. BY THE WAY, MRS. FUTRELL HAS BEEN SPOTTED IN THE AREA RECENTLY. I'LL KEEP MY EYES OPEN. THANK YOU.

BRAD DENTON. MAYOR PRO TEM, CITY COUNCILMEMBERS, CITY MANAGER, I THINK I'VE GOT EVERYBODY. I'M HERE AS A MEMBER OF THE AFFORDABLE HOUSING TASKFORCE AND A MEMBER OF THE REAL ESTATE COUNCIL OF AUSTIN. THE TASKFORCE THAT WAS CREATED WELL OVER A YEAR AGO MET ABOUT 20 TIMES OVER A SEVEN-MONTH PERIOD. IT WAS A COLLABORATIVE EFFORT OF AFFORDABLE HOUSING ADVOCATES, NEIGHBORHOOD LEADERS, DEVELOPERS, CITY STAFF AND OTHERS, MR. HILGERS AND HIDZ STAFF ESPECIALLY WERE VERY HELPFUL. THE TASKFORCE PUT FORWARD NEARLY A DOZEN RECOMMENDATIONS THAT WERE VOTED ON UNANIMOUSLY BY ALL MEMBERS OF THE TASKFORCE, ALL BUT ONE RECOMMENDATION, AND IT STILL RECEIVED THE MAJORITY VOTES. OVERALL THE DRAFT OARNS THAT YOU WILL CONSIDER LATER TODAY WE THINK ACCURATELY CAPTURES THE RECOMMENDATIONS OF THE TASKFORCE; HOWEVER, A COUPLE OF CLARIFICATIONS NEED TO BE INCLUDED AND ARE CURRENTLY BEING ADDRESSED BY CITY STAFF. SECTION 3 OF THE DRAFT ORDINANCE, WHICH IS 25-2-586-D, THE TASKFORCE RECOMMENDED A SPECIFIC LIST OF INCENTIVES THAT GO HAND IN HAND WITH THE LEVELS OF AFFORDABILITY. TO THE EXTENT THIS LIST OF INCENTIVES IS MODIFIED, SO TOO WILL WE NEED TO CONSIDER THE LEVELS OF AFFORDABILITY THAT WERE AGREED TO. SPECIFICALLY UNDERSECTION 3 OF THE TASKFORCE, ESPECIALLY THE CBDDMU SECTIONS, IS RECOMMENDATION STATES THE FOLLOWING: PROVIDED DEVELOPERS MAINTAIN AFFORDABILITY RESTRICTIONS OUTLINED BELOW, THEY WOULD BE ENTITLED TO ALL OF THE FOLLOWING INCENTIVES. NUMBER 1, FAST TRACK PERMITS. NUMBER 2, ALL CITY OF AUSTIN FEES WAIVED, INCLUDING PARKLAND DEDICATION, DRAINAGE, WHICH ALSO INCLUDES RSMP AND WAIVED DRAINAGE FEES, ELECTRICAL METERS, STREET LIGHTING, WATER METERS, SEWER TAPS, STREET CLOSURE FEES. AND UNDER LICENSE AGREEMENTS, THE FEES WOULD BE WAIVED AND WE WOULD RECEIVE EXPEDITED PROSTLES. ALSO AUSTIN ENERGY FEES SHOULD BE WAIVED AND ANY AND ALL OTHER CITY FEES OR ACTIONS. CURRENTLY THE ORDINANCE TALKS ABOUT DEVELOPMENT FEES BEING WAIVED AND WE WOULD LIKE TO HAVE THE EXTENSIVE LIST OF INCENTIVES DETAILED OUT. THREE WEEKS AGO THE COMMUNITY DEVELOPMENT COMMISSION APPROVED THIS RECOMMENDATION, INCLUDING PARKLAND DEDICATION FEES AND ALSO THE COMMERCIAL FEES IN LIEU. TWO WEEKS AGO THE PLANNING COMMISSION APPROVED THE DRAFT ORDINANCE WITH SOME CLARIFICATIONS. LAST FRIDAY THE AFFORDABLE HOUSING INCENTIVE TASKFORCE MEMBERS, TWO OR THREE MEMBERS, MET WITH THE DENSITY BONUS TASKFORCE THAT'S PART OF THE AUSTIN DESIGN COMMISSION. AND WE AGREED TO INCLUDE THEIR RECOMMENDATIONS IN THE AFFORDABLE HOUSING TASKFORCE ORDINANCE AS WELL. SPECIFICALLY THE DESIGN COMMISSION WOULD LIKE 50% OF ANY OF THE FEES IN LIEU TO GO TOWARD AFFORDABLE HOUSING AND 50% OF OTHER COMMUNITY VALUES AND NEEDS AS WELL. THEY ALSO WANT DEVELOPERS TO INCORPORATE GREAT STREETS. WE AGREE WITH ALL THESE RECOMMENDATIONS, ALTHOUGH WE AGREED WITH THE -- WITH THE DESIGN COMMISSION THAT 100% OF FEES IN LIEU FOR RESIDENTIAL PROJECTS WOULD GO TO THE RESIDENTIAL PROJECTS OF FEES IN LIEU FOR NONRESIDENTIAL PROJECTS, 50% WOULD GO TO AFFORDABLE HOUSING AND 50% WOULD GO TO OTHER COMMUNITY NEEDS. SO WE SUPPORT THOSE RECOMMENDATIONS. THERE'S ALSO BEEN TALK ABOUT PULLING OUT CBD AND DMU FROM THE AFFORDABLE HOUSING TASKFORCE. THANK YOU FOR INDULGING ME. THERE'S ALSO BEEN TALK ABOUT PULLING THAT OUT FROM THE TASKFORCE RECOMMENDATION IN THE ORDINANCE. WE WOULD ASK THAT YOU PLEASE KEEP THAT IN THERE WITH THE NUMBER OF BORES AND COMMISSIONS THAT HAVE GONE THROUGH AND WORKED TOGETHER ON THIS, WOOF BEEN ABLE TO INCLUDE EVERYBODY AGO RECOMMENDATIONS, EVERYBODY'S CHANGES THAT HAVE BEEN MADE, WE THINK, AND WE WOULD ASK THAT YOU APPROVE THE ORDINANCE IN ITS ENTIRETY. PLEASE KEEP CBD AND DMU AS PART OF THAT PROCESS. AND WE WOULD ASK THIS EVENING THAT YOU DO THE SAME. THANK YOU.

AS FATHER FRANKS OF SAN JOSE CATHOLIC CHURCH APPROPRIATELY PUT IT, PLEASE REPRESENT THE ONES THAT ARE NOT REPRESENTED, UNREND OR THE NEEDY, THE POOR AND THE HAVE NOTES, THE GAP WIDENS. AS YOU KNOW, YOU MIGHT HAVE SEEN THE NEWS LAST NIGHT AND A COUPLE OF CHANNELS. THE UNITED STATES ATTORNEY'S OFFICE, MR. SUTTON, THE F.B.I., ATF AND DEA MADE GOOD ARRESTS ON GANG MEMBERS. YOU MIGHT FROWN, BUT THIS IS A PROBLEM THAT IS INCREASING HERE IN AUSTIN. IT IS NOT ACCEPTABLE TO HAVE HOOD LUMS, WHETHER THEY BE JUVENILE OR ADULT FOLLOW PEOPLE AND HARASS PEOPLE AND FOLLOW THEM IN THEIR CARS AND NOTHING IS BEING DONE ABOUT THAT. IT IS NOT LAWFUL TO HARASS PEOPLE WHO ARE BEING LAW LAW-ABIDING CITIZENS, KIDS WHO ARE IN SCHOOL AND TRY TO GET THEM TO JOIN GANGS. I HAVE BEEN REASSURED THAT THE FEDS WILL DO EVERYTHING THEY CAN IN THEIR POWER TO MAKE MORE ARRESTS AND ARREST THESE HOOD LUMS. COUNCILMEMBER LEFFINGWELL, I BELIEVE -- I BELIEVE I CAN STATE THIS UNLESS MR. SUBMITS OR MR. MARTINEZ IS A MILITARY VETERAN. WE HAD A POWERFUL MEETING WITH THE TEXAS VETERANS COMMISSION LAST WEDNESDAY. THIS MEETING WAS WELL ATTENDED BY ALL MEMBERS OF THE MILITARY SERVICE COALITIONS THROUGHOUT THE STATE OF TEXAS, VETERAN SERVICE OFFICERS, ETCETERA. THE KEY CRITICAL ISSUES WERE OF COURSE AFFORDABLE HOUSING, HEALTH CARE, MENTAL HEALTH CARE, JOB TRAINING, COMPREHENSIVE JOB TRAINING AND JOBS THAT ARE SUPPOSED TO BE FOR VETERANS UNDER VETERANS PREFERENCE AND THEY'RE NOT. I WOULD CHALLENGE THE CITY OF AUSTIN TO LOOK AT YOUR POLICIES AGAIN, POLICY AND PROCEDURES THAT THE PERSONNEL DEPARTMENT, HUMAN RESOURCE DEPARTMENT TO ENSURE THAT THE VETERANS GET A FAIR SHAKE. WE HAVE A LOT OF VETERANS THAT STAND TO LOSE THEIR HOMES TO FORECLOSURE, A LOT OF MENTAL HEALTH PROBLEMS. THEY NEED TREATMENT. JUST TO KIND OF WRAP IT UP. SUNNY MEADE APARTMENTS ON OLTORF, JUST ONE BLOCK EAST OF SOUTH CONGRESS, IS SCHEDULED FOR DEMOLITION. IT'S GOING TO DISPAIS A LOT DISPLACE A LOT OF POOR PEOPLE WITH DISABILITIES, PEOPLE THAT WON'T BE ABLE TO AFFORD THE NEW PRICES THAT COME WITH THE AFFORDABLE HOUSING. GIVE ME A CLEAR-CUT DEFINITION OF WHAT AFFORDABLE IS. I WOULD LIKE TO SEE THE CITY COUNCIL AND THE MAYOR HAVE MORE BETTER COMMUNICATION AND DIALOGUE AND INTERACTION WITH THE COUNTY COMMISSIONERS COURT ALSO. I THINK WE SHOULD IMPROVE THAT IN AND FOR THE BEST INTEREST OF THE TAXPAYERS. LASTLY, -- LET ME WRAP IT UP. LASTLY I JUST WANT TO MAKE SURE THAT WHEN THE NEW CITY MANAGER COMES ABOARD, IT WOULD BE NOT AN OPEN DOOR POLICY, BUT EVERYBODY WOULD BE AFFORDED THE ABILITY TO SPEAK TO MR. OTT, AND I THANK Y'ALL VERY MUCH FOR YOUR TIME. PLEASE DIGEST THE (INDISCERNIBLE) AND MAKE IT MORE INCLUSIVE FOR THE TAXPAYERS.

PAT JOHNSON. EXCUSE ME, COUNCILMEMBER.

Leffingwell: I JUST WANT TO COMMENT THAT MAYBE YOU'RE NOT AWARE OF ALL THE THINGS THE CITY OF AUSTIN IS DOING TO HELP PARTICULARLY OUR PEOPLE WHO ARE IN THE RESERVE AND GUARD. AUSTIN RECENTLY WAS AWARDED FIVE STAR STATUS BY THE DEPARTMENT OF DEFENSE. WE MEET AND EXCEED ALL THE CRITERIA THEY RECOMMEND FOR OUR GUARD AND RESERVE PEOPLE WHO ARE CALLED TO ACTIVE DUTY. WE PAY PROTECT THEM. WE MAKE SURE THAT INSURANCE REMAINS ENFORCE FOR THEM AND THEIR FAMILIES AND WE ENSURE THAT THEIR JOB IS THERE WAITING FOR THEM TWH THEY GET BACK. WE HAVE GONE TO THE EXTRA EXPENSE TO HIRE AN OMBUDSMAN WHOSE FULL-TIME JOB IS DEALING WITH ISSUES INVOLVING OUR RESERVISTS AND GUARDSMEN WHO ARE CITY EMPLOYEES AND ALSO HELPING THEM WITH THE TRANSITION, HELPING THEIR FAMILIES WHILE THEY'RE GONE AN HELPING THEM TRANSITION INTO THE CIVILIAN WORKFORCE WHEN THEY GET BACK. SO WE'RE DOING A GREAT DEAL. WE'RE ONE OF THE FEW EMPLOYERS IN THE STATE OF TEXAS THAT HAS THIS FIVE-STAR AT THAT TIME TUS. AND WE'RE ALSO WORKING ON EFFORTS TO TRY TO CONVINCE OTHER EMPLOYERS IN THE CITY OF AUSTIN TO FOLLOW OUR LEAD AND ADOPT SIMILAR PROGRAMS. SO I'M AWARE OF THE PROGRAM. I THINK WE HAVE SOMETHING LIKE 1500 HOMELESS VETERANS ON THE STREETS OF AUSTIN RIGHT NOW. AND WE WANT TO DO SOMETHING ABOUT IT.

OKAY. TRY MORE THAN 15 HOMELESS VETERANS. THERE ARE MORE LIKE ABOUT 1500. THANK YOU VERY MUCH FOR THE EFFORT. I KNOW WHAT'S OUT THERE AND NOT OUT THERE.

Leffingwell: IF IT SOUNDED LIKE I SAID 15, I MEANT TO SAY 1500. I THOUGHT I SAID 15.

YOU'RE CORRECT. 1500. THANK YOU FOR YOUR EFFORTS OUT THERE.

Dunkerley: THANK YOU VERY MUCH. AND YOU DID SAY 1500. PAT JOHNSON?

GOOD DAY, COUNCIL. I'M GOING TO COME BACK HERE AND START SPEAKING TO Y'ALL AGAIN. I SPEAK ABOUT ISSUES THAT BENEFIT THE TAXPAYERS AND THE CITIZENS. TODAY'S TOPIC IS THE SUBDIVISION INFRASTRUCTURE WARRANTIES IS COSTING THE TAXPAYER GREATLY. THE CURRENT STREET WARRANTY IS INADEQUATE. SUBDIVISIONS BUILT EAST OF 35 DUE TO THE SOIL COMPOSITION, EAST AND WEST OF 35 WE'VE GOT ALL ROCK. EAST OF 35 WE'VE GOT GUMBO, CLAY, SAND. REQUIRES REPAIR WITHIN 15 MONTHS OF BEING BUILT. RIVERSIDE MEADOWS, THAT'S THE CENTEX SUBDIVISION. AND THE FRONTIER AT MONTANA, THE AUSTIN CORPORATION DEVELOPMENT, ALL HAVE STREET FAILURES. FRONTIER AT MONTANA IS EXTREMELY BAD. THE CONTRACTOR PUT IN THE WRONG ROCK IN THE STORM WATER FACILITY. THE HANDY CANNED RAMPS ARE -- THE HANDICAPPED RAMPS ARE HOLDING WATER AND JUST ABOUT EVERY STREET NEEDS TO BE FIXED. WITH THE ONE YEAR WARRANT WE HAVE IN PLACE NOW, THE TAXPAYERS WILL BE PICKING UP THE TAB. THE SAME THING OVER THERE AT RIVERSIDE MEADOWS. THE CULVERT THEY PUT YURTDZ NEETSZ THE ROAD THERE OVER HAS GOT STRUCTURAL DAMAGE TO IT. PHASE 1 IS OUT OF WARRANTY. WHO PICKS UP THE TAP WE DO. TO ADDRESS THE WARRANTY PROBLEMS THAT WE CURRENTLY HAVE REQUIRE THREE-YEAR INFRASTRUCTURE WARRANTY THAT INCLUDES MAINTENANCE AND A MIGHTER BOND PERCENTAGE. FOR ANY SUBDIVISION BUILT EAST OF 35 OR IN THE E.T.J. DETENTION PONDS, DRAINAGE CHANNELS AND STORM WATER FACILITIES A TWO-YEAR WARRANTY ON VEGETATION, SEDIMENT CONTROLS AND MAINTENANCE. NOW, SOME OF THE SAME CONTRACTORS THAT DID RIVERSIDE MEADOWS IS RESPONSIBLE FOR POLLUTING HAMILTON POOL. THESE DEVELOPERS PUSH THESE CONTRACTORS INTO WORKING LONGER THAN NORMAL HOURS, IN WEATHER CONDITIONS WHEN THE GROUND IS COMPLETELY SOAKED, AND I DON'T CARE IF YOU PUT 12 INCHES OF BASE ON THE GROUND AND THEN PUT TWO INCHES OF ASPHALT ON TOP, WHEN HAVE YOU ALL THAT HEAVY TRUCK EQUIPMENT GOING IN THERE LIKE CEMENT TRUCKS, GARBAGE TRUCKS, DUMP TRUCKS, CONCRETE PUMPERS ON THOSE STREETS, THE STREETS BREAK UP. NOW, HERE WE HAVE THE STAFF MEMBERS, CITY STAFF THAT ACKNOWLEDGE THE PROBLEM. IT'S REAL SIMPLE. WE ELECT THIS COUNCIL TO SPEND OUR TAX MONEY WIELY. WHEN WE BUY A NEW CAR OR BUY SOMETHING, WE BUY AT IT TO LAST. IF WE CAN'T HAVE INFRASTRUCTURE NUT OUR CITY THAT WILL LAST LONGER THAN A YEAR, WE HAVE SERIOUS PROBLEMS. I WOULD ASK THAT THIS COUNCIL TAKE A GOOD HARD LOOK AT THE INFRASTRUCTURE THAT THESE DEVELOPERS ARE PROMISING WE'RE GOING TO COME IN AND DO THIS, THIS, THIS BUT WHENEVER THAT CONTRACTOR'S WORK FALLS APART, GUESS WHO IS PICKING UP THE TAB NOW? THE TAXPAYERS.

Dunkerley: OKAY. THANK YOU. OUR NEXT SPEAKER IS KEN VASSEAU.

MY NAME IS KEN VASSEAU AND I'M A LOCAL REAL ESTATE AGENT AND I'M ANNOUNCING MY CANDIDACY FOR PLACE 14 ON THE -- PLACE4 ON THE AUSTIN CITY COUNCIL. AND TO GIVE A SOLUTION TO THIS GENTLEMAN'S PROBLEM RIGHT HERE IS WE NEED TO FLOAT BONDS, MUNICIPAL BONDS RIGHT NOW AT LOW INTEREST RATES, SO WE CAN HANDLE FUTURE GROWTH. AND A SOLUTION THAT WE MAY HAVE FOR THIS GENTLEMAN HERE IS THAT WE COULD -- THAT THIS CEMENT THAT IS BEING USED TO POUR OUR INFRASTRUCTURE, THE CEMENT HAS TIGHTER MOWLZ THAT HAVE A STRONG -- TIGHTER MOLECULES THAT HAVE A TIGHTER STRUCTURE THAN PROBABLY WHAT IS BEING USED. AND AT THE PRICE OF CEMENT, IT'S ALREADY MAYBE INCREASED TO MAYBE $60 A SQUARE FEET. NOT EVERYBODY CAN POUR CEMENT, BUT LIKE MAYBE FIVE YEARS AGO, THE PRICE WAS $30. BUT THE PRICE OF CEMENT HAS INCREASED BECAUSE WE'RE COMPETING WITH OTHER COUNTRIES. IT'S EVERYBODY'S PROBLEM. BUT ANYWAY, GETTING BACK ON TRACK HERE, LIKE I SAY, THAT IS ONE ISSUE THAT THIS GENTLEMAN HAS, AND I'VE BEEN REACHING OUT TO THE OTHER CITIZENS OF AUSTIN. ANYWAY, I WOULD LIKE TO THANK YOU FOR LISTENING TO ME, AND WHAT I NEED IS EVERYONE'S ENDORSEMENT, IF I CAN HAVE THAT. ANY CONTRIBUTIONS, I NEED, AND YOUR VOTE ON MAY 10th TO MAKE SOME OF THESE THINGS HAPPEN.

THANK YOU VERY MUCH. [ APPLAUSE ]

Dunkerley: NEXT SPEAKER IS JENNIFER GALE.

HI, AUSTIN. HAPPY VALENTINE'S DAY. LOVE IS IN THE AIR. ACHOO. MAYOR WYNN -- I'M SORRY, MAYOR WYNN ISN'T HERE. MAYOR DUNKERLEY, CITY MANAGER TOBY FUTRELL, I'VE ENJOYED YOU BEING OUR CITY MANAGER AUDIOLOGY THESE YEARS. COUNCILMEMBERS LEFFINGWELL, MARTINEZ, KIM, MCCRACKEN AND COLE. A MAN FROON MAYOR RAN FOR CITY OF AUSTIN FROM NEW YORK CITY AND NOW WE HAVE SKY SCRAPE THEARS HAVE NOTHING TO DO WITH WHAT AUSTIN IS ALL ABOUT. WE SHOULD ONLY BE BUILDING ABOUT THREE STORIES SO WE CAN ENJOY THE BUSHES, THE TREES AND THE SKY, WHICH WE'RE NOT ABLE TO DO NOW. WHY ARE WE REBUILDING NEW ORLEANS WHEN IT'S 11 FEET UNDERWATER? NEXT THURSDAY IS FIRST THURSDAY, IT'S NOT THIS ONE, BUT WE DO HAVE MORE DEVELOPMENT DOWN THERE. DO YOU WANT TO KNOW INSANITY. WE HAVE A CONTRACT FOR CAPITAL METRO THAT EXPIRED BACK IN JULY. WE NEED A NEW CONTRACT. COULD YOU PLEASE SPONSOR ANOTHER RESOLUTION ASKING THE ADMINISTRATION TO BARGAIN. THE MAYOR MUST BE THE SOLE AUTHORITY. THAT'S WHY THEY NEVER PASS. THERE'S NO EXCUSE FOR OUR MAYOR NOT SEEING THAT GENTLEMAN CROSS THE STREET AND THEY BELIEVE HITTING HIM. I'M ASKING FOR A GRAND JURY INVESTIGATION TO FIND OUT WHAT HAPPENED, AND IF ANY CRIMINAL CHARGES SHOULD BE FILED AGAINST THE FORMER MAYOR. MARDI GRAS IS TUESDAY. IN GALVESTON. IT'S A REAL BIG TO DO DOWN THERE, AND ALSO HERE IN THE PALMER EVENTS CENTER HERE AS WELL. OUR GROSS NATIONAL PRODUCT WENT UP. WE'RE REACHING RECESSION RIGHT NOW WITH A THREE PERCENT FEDERAL LENDING RATE. SO BUSINESSMEN AND BUSINESS WOMEN AROUND AUSTIN AND AROUND OUR COUNTRY ARE -- [ BUZZER SOUNDS ] STILL AMENDING THE LOT.

Dunkerley: TIME'S UP? MY TIME'S UP. I CAN'T TAKE A FEW MORE SECONDS? OKAY. THANK YOU.

Dunkerley: THANK YOU VERY MUCH. DO WE HAVE ANY OTHERS SIGNED THAWP I DON'T HAVE THE CARDS ON. ALL RIGHT. WITH THAT, EYE LIKE TO ANNOUNCE THAT WE ARE -- I'D LIKE TO ANNOUNCE THAT WE ARE GOING BACK INTO EXECUTIVE SESSION FOR PRIVATE CONSULTATION WITH OUR ATTORNEYS UNDER SECTION 551.071 OF THE OPEN MEETINGS ACT TO DISCUSS AGENDA ITEM NUMBER 85, 87, AND UNDER SECTION 551.072 TO DISCUSS ITEM NUMBER 88. SO WE STAND ADJOURNED.

Dunkerley: WE HAVE RETURNED FROM EXECUTIVE SESSION. WE COVERED ITEM 85 AND 87. AND NO DECISIONS WERE MADE ON THOSE TWO ITEMS. NOW WE'LL GO BACK TO OUR 2:00 O'CLOCK AFTERNOON BRIEFING ON THE WALLER CREEK TUNNEL PROJECT.

MILES PER HOUR, THIS IS A PROJECT THAT YOU AND -- MILES PER HOUR, THIS IS A PROJECT THAT YOU AND I WORKED ON WITH GREAT PRY AND I'M PLEASED TO BRING BACK THE ACTUAL DOWNTOWN PLAN, INDIVIDUALS, ROMA HAS STATE THAT HAD THERE HAVE BEEN FIVE MAJOR INTERVENTIONS IN DOWNTOWN. THOSE WERE THE 1839 WALLER PLAN, THE RAIL SYSTEM, THE DAMMING OF THE COLORADO. THE URBAN RENEWAL AND I-35 AND THE CAPITAL VIEW CORRIDORS ANIMAL CARE SERVICES THEY HAVE NAMED THIS THE SIX ITS INTERVENTION OF DOWNTOWN. IT IS MY PLEASURE TO BRING BEFORE YOU THE PROFESSIONAL STAFF MEMBERS. GARY JACKSON, THE PROJECT STAFF MANAGER, KIM SPRINGER WHO ALSO WORKS IN PUBLIC WORKS. JOE PAN TALLIAN TALLTALION. WE HELD A MEETING TWO MONTHS AGO AND WE HAD OVER 200 PEOPLE. WE'VE BEEN MAKING THE ROUND AROUND THE CITY AND HAVE HAD LOTS OF PARTICIPATION. WITH THAT WE GIVE YOU ASSISTANT CITY MANAGER RUDY GARZA.

GOOD AFTERNOON, MAYBE, MAYOR PRO TEM, I'M RUDY GARZA, ASSISTANT CITY MANAGER. WE HAVE A MULTIPART PRESENTATION FOR YOU TODAY. THERE'S ACTUALLY TWO PROJECTS GOING ON. THERE'S A MASSIVE CONSTRUCTION GOING ON WITH THE TUNNEL, THE CAPITAL IMPROVEMENT PROJECT. AT THE SAME TIME, IT'S ALSO ONE OF THE LARGEST PLANNING AND DEVELOPMENT PROJECTS THAT IS HAPPENING. SO WHAT WE WILL HAVE FOR YOU TODAY WILL BE AN OVERVIEW OF THE CONSTRUCTION PROJECT, THE TUNNEL OVERVIEW, THE DESIGN AND WHERE WE ARE IN THAT PROCESS. WE'LL TALK TO YOU ABOUT ALL OF THE PUBLIC INPUT IN THE PROCESS THAT WE'VE USED THAT COUNCILMEMBER COLE HAS LED THROUGHOUT THIS ENTIRE SEVERAL MONTHS. AND THEN I WILL ACTUALLY RETURN TO GIVE YOU AN UPDATE ON WHERE WE ARE WITH THE TAX INCREMENT FINANCING OF WALLER CREEK. WITH THAT I'M GOING TO TURN IT OVER TO OUR FIRST PRESENTER, JOE.

THANK YOU, RUDY. AS RUDY SAID, I'LL GIVE AWE BRIEF UPDATE ON THE PROJECT. AS A REMINDER, THE FLOOD CONTROL TUNNEL BEGINS IN WATERLOO PARK AND ENDS AT LADY BIRD LAKE. THE TUNNEL THRB 22 FEET IN DIAMETER, APPROXIMATELY ONE MILE IN LENG THE AND 60 TO 70 FEET UNDERGROUND. AFTER THE PROJECT THE FLOODPLAIN WILL BE MAINTAINED WITHIN THE BANKS OF THE CREEK, REDUCING THE SIZE OF THE FLOODPLAIN BY APPROXIMATELY 28 ACRES OR WELL OVER A MILLION SQUARE FEET. ONCE OPERATIONAL, THE TUNNEL WILL MAINTAIN A CONTROLLED AND CONSTANT FLOW OF WATER IN WALLER CREEK IN BOTD WET AN DRY PERIODS. THIS IS A MAP OF THE PROJECT AREA. THE CREEK GENERALLY RUNS FROM NORTH TO SOUTH. LEFT TO RIGHT ON THIS THE TUNNEL ITSELF WILL BE LOCATED PRIMARILY UNDER SABINE STREET FOR MOST OF THE LENGTH, WHICH CLOSELY PARALLELS THE CREEK. BETWEEN 12TH STREET AND THE LAKE, THERE WILL BE TWO TO FOUR INTERVENING CAPTURE POINTS OR CREEK INLETS THAT WILL TAKE RUN OFF THAT TENORS BELOW 12 TZ STREET TO THE TUNNEL. THE PURPOSE OF THE INLETS IS TO MAKE SURE THAT DURING A FLOOD THE RUNOFF THAT COMES INTO THE CREEK BELOW THE INLET OF THE TUNNEL DOES NOT FLOOD THAT AREA. SO AGAIN IT PROVIDES FOR A A LEVEL OF SAFETY OVER AND BEYOND THE INLET AT WATERLOO PARK. THIS IS THE ANTICIPATED SCHEDULE FOR THE PROJECT. THE PROJECT IS CURRENTLY IN THE PREDESIGNED PHASE, WHICH WILL PROVIDE THE FILL DATA MODELING NECESSARY TO FINALIZE THE TUNNEL DESIGN. THE FINAL DESIGN STARTING IN JANUARY 2009. THE DESIGN WILL INCLUDE PLANS FOR THE INLET, THE OUTLET, THE TUNNEL. THE TWO TO FOUR INTERVENING CAPTURE POINTS I TALKED ABOUT ALONG THE CREEK AND SOME ANCILLARY SMALL PROJECTS TO BE ABLE TO IMPLEMENT THE PROJECT. THE PROJECT IS EXPECTED TO BE BID IN THE FIRST HALF OF 2010 WITH AN EXPECTED CONSTRUCTION FINISH DATE OF AUGUST 2014. IEWR PUBLIC WORKS DENT IS MANAGING THE PROJECT AND INCLUDING THE DESIGN AND CONSTRUCTION SERVICES CONTRACT WITH THE JOINT VENTURE FIRM OF KELLOGG BROWN & ROOT SERVICES AND SB CONSULTANTS. CURRENTLY THE PHASE B 1 WORK IS ON SCHEDULE. THE SURVEY FIELD WORK AND GEOTECHNICAL STUDIES ARE ONGOING AS ARE THE SUBSURFACE UTILITY EXPLORATION EFFORTS. TO MAINTAIN THE PROJECT SCHEDULE, THE JOINT VENTURE NEEDS DPRECTS CITY ON CERTAIN ELEMENTS OF THE TUNNEL. AT THE SAME TIME, SPECIFICALLY THE INLET AND OUTLET DESIGNS AND BASE FLOW DESIGN OF THE CREEK ARE NEEDED FOR SOME DISCUSSION AND DECISION MAKING. TO THAT END THE PROJECT TEAM HAS BEEN INVOLVED HEAVY FLY THE STAKEHOLDER PROCESS THAT KIM WILL BE TALKING ABOUT SHORTLY. WE DO HOPE TO BE BACK HERE IN MAY OR JUNE WITH ANOTHER UPDATE AND TO PRESENT THE SCHEMATICS AND 3-D MODELS OF THE STRUCTURE THAT WILL FORM THE BASIS OF THE FINAL DESIGN. SO WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS. OTHERWISE I WILL INTRODUCE KIM SPRINGER FROM PUBLIC WORKS, WHO HAS BEEN COORDINATING THE STAKEHOLDER PROCESS TO DESCRIBE WHAT'S BEEN HAPPENING OVER THE LAST FOUR TO FIVE FIVE MONTHS IN TERMS OF HAVING A VISION, CONSISTENT VISION AND CONSENSUS FROM OUR ADVISORY COMMITTEE FOR THESE AREAS OF THE TUNNEL ELEMENTS.

MAYOR PRO TEM, COUNCIL, I'M KIM SPRINGER WITH THE PUBLIC WORKS DEPARTMENT AND I AM THE PUBLIC INFORMATION AND COMMUNITY OUTREACH COORDINATOR FOR THE WALLER CREEK TUNNEL PROJECT. I ALSO SERVE AS THE STACH LEE A-- THE STAFF LIAISON. THE COUNCIL COMMITTED THE ADVISORY COMMITTEE IN APRIL OF 2007 AND THEIR PURPOSE WAS TO PROVIDE CITIZEN LEADERSHIP AND OVERSIGHT FOR BOTH THE TUNNEL AND MASTER PLAN PROJECTS. THE COMMITTEE CONSISTS OF 15 MEMBERS REPRESENTING THE CITIZENS OF AUSTIN. A WIDE VARIETY OF BORE AND COMMISSIONS, COMMUNITY ORGANIZATIONS AS WELL AS TRAVIS COUNTY. THE COMMITTEE IS LED BY BILL SPELMAN AND SAM ARCHER. THE ADVISORY COMMITTEE HAS COMPLETED A NUMBER OF TASKS SINCE THEIR FIRST MEETING IN MAY OF 2007. THEY'VE RECEIVED NUMEROUS PRESENTATIONS ON THE VARIOUS ASPECTS OF THE PROJECT FROM STAFF AND THE TUNNEL. ORGANIZATIONS HAVE ALSO MADE PRESENTATIONS ON SIMILAR PROJECTS OR TO PROVIDE INPUT ON THE PROJECT OVERALL. THE COMMITTEE IS ALSO PROVIDED VALUABLE INPUT FOR THE MASTER PLAN RFQ THAT YOU WILL HEAR ABOUT IN A MOMENT. FINALLY THEY'VE REACHED OUT TO THE PUBLIC FOR FEEDBACK REGARDING THE DESIGN ISSUES, THE JV NEEDS DIRECTION ON AT THIS POINT. THEY HOST ADD PUBLIC DESIGN WORKSHOP IN NOVEMBER WHERE APPROXIMATELY 200 PEOPLE ATTENDED. IN ADDITION, STAFF AND THE JV HAVE TAKEN PART IN NIEWM JUST ADDITIONAL MEETINGS AS STAKEHOLDERS FOR THEIR INPUT. THROUGH THIS OUTREACH AND FEEDBACK THAT I'VE COLLECTED THROUGH PRESENTATIONS PRESENTATIONS TO VARIOUS BOARDS AND COMMISSIONS, THE COMMITTEE DEVELOPED A RESOLUTION TO COUNCIL CONTAINING THEIR RECOMMENDATIONS ON CURRENT DESIGN ISSUES. THIS CONTAINS A BRIEF SUMMARY OF THE RESOLUTION'S MAIN POINTS AND A COPY OF THE RESOLUTION IN ITS ENTIRETY IS ATTACHED TO YOUR PRESENTATION PACKET. THIS IS THE FIRST OF SEVERAL RESOLUTIONS AND OPPORTUNITIES FOR FEEDBACK RELATED TO THE TUNNEL AND THE MASTER PLAN FROM THE ADVISORY COMMITTEE. WE ARE COMING TO YOU TODAY WITH THESE ISSUES BECAUSE OF THE POTENTIAL EFFECT ON THE PROJECT SCHEDULE AND BUDGET. THE COMMITTEE'S RESOLUTION FOCUSES ON THE CHARACTER OF THE INLET AND OUTLET, THE CREEK'S BASE FLOW AND OVERALL USE OF THE CREEK. FIRST THE INLET SHOULD BE CONDUCIVE TO BOTH ORGED EVENT OR THE CASUAL USER THAT MAY BE STROLLING THROUGH THE PARK AT WATERLOO PARK. SECOND, THE OUTLET SHOULD MAINTAIN A NATURAL SHORELINE AND NOT INCLUDE AN AMP THEATER AS INITIALLY PROPOSED WITH PREVIOUS CONCEPTS. THIRD THE BASE FLOW SHOULD ONLY BE ENOUGH TO MAINTAIN A REASONABLE DEPTH SO IT MAINTAINS THE GENERAL HEALTH AND MOVEMENT OF THE WATER AND SHOULD NOT BE SO MUCH THAT IT IMPEDES ACCESS OR CAUSES EROSION. THE THIRD AND FOUR POINTS ARE OF PARTICULAR IMPORTANCE BECAUSE OF A STAKEHOLDER GROUP THAT SUPPORTS DISIEBL OF THE TUNNEL IN A MANNER THAT WOULD MAKE WHITE WATER RAFTING AVAILABLE. BASED ON THE FEEDBACK THE COMMUNITY RECEIVED FROM NUMEROUS GROUPS, THEY DID NOT FEEL THERE WAS ENOUGH SUPPORT FOR SUCH A USE AND SUBSTANTIAL CHANGE IN THE TUNNEL'STUNNEL'S DESIGN. I'LL NOW HAND THE PRESENTATION OVER TO JIM ROBERTSON WHO WILL HANDLE THE WALLER CREEK MASTER PLAN.

Mayor Wynn: THANK YOU.

GOOD AFTERNOON, MR. MAYOR AND COUNCIL. JIM ROBERTSON WITH NEIGHBORHOOD PLANNING AN ZONING DEPARTMENT. IN ANTICIPATION OF THE REDEVELOPMENT THAT WILL BE ENABLED BY THE REDUCTION IN THE FLOODPLAIN AND IN FACT THE REDEVELOPMENT THAT WILL SUPPORT THE TIF FINANCE MECHANISM, WE HAVE INITIATED A MASTER PLANNING PROCESS FOR THE CREEK CORRIDOR AND THE DISTRICT. AND I SHOULD EMPHASIZE THAT THIS PROJECT IS NOT LIMITED JUST LITERALLY TO THE BANKS OF THE CREEK. WE ARE REGARDING THIS AS A PLANNING PROJECT FOR A DISTRICT OF OUR DOWNTOWN. THE PLAN STRUCTURE THAT WE ANTICIPATE IS SIMILAR TO MOST PLANNING PROJECTS AND INITIAL STEP OF BOTH ASSESSING AND ANALYZING BASELINE CONDITIONS, A PROCESS OF IDENTIFYING A COMMUNITY VISION, AND I THINK THE TYPES OF ISSUES THAT WE'LL WILL LOOKING AT IN THE VISIONING PROCESS ARE THINGS LIKE SHOULD THE WALLER CREEK DISTRICT HAVE ITS OWN UNIQUE CHARACTER OR SHOULD IT BLEND SEAMLESSLY INTO DOWNTOWN? WITHIN THE DISTRICT IS THERE A COMMUNITY DESIRE FOR A SINGULAR CHARACTER OR MIGHT THIS BE A DISTRICT THAT WOULD SUPPORT A DIFFERENT TYPE OF CHARACTER AND DIFFERENT PLACES ALONG THE CREEK. AND ANOTHER ISSUE MIGHT BE WHAT IS OUR COMMUNITY VISION WHEREIN TO DO WE REGARD THIS AS AN ASSET LOCAL TO DOWNTOWN? IS IT A REGIONAL OR EVEN NATIONAL DESTINATION THAT WENT TO CREATE? THOSE ARE A SAMPLING OF THE ISSUES THAT WILL BE ADDRESSED IN THE VISIONING PROCESS. I SHOULD POINT OUT THAT A LOT OF THE WORK THAT KIM IDENTIFIED, IN PARTICULAR THE NOVEMBER OPEN HOUSE WE HAD HERE AT CITY HALL AND A NUMBER OF MEETINGS WE'VE HAD WITH VARIOUS STAKEHOLDERS GROUPS ARE REALLY THE BEGINNINGS OF THIS PROCESS TO REACH OUTABLE TALK TO A LOT OF PEOPLE ABOUT WHAT TYPE OF PLACE ARE WE WANTING TO CREATE HERE. AFTER HAVING IDENTIFIED THE VISION, THEN THE NEXT STEP IS TO SAY WE KNOW WHERE WE ARE AND WE KNOW WHERE WE WANT TO BE, HOW DO WE GET FROM WHERE WE ARE TO WHERE WE WANT TO BE. THAT'S THE CHALLENGES AND OPPORTUNITIES PORKS. AND THEN THERE WILL BE THE DEVELOPMENT AFTER MASTER PLAN, WHICH MAY THROUGH A NUMBER OF ELEMENTS. IT MAY ANTICIPATE CHANGES TO LAND DEVELOPMENT ISSUES AND REGULATIONS. IT MIGHT INCLUDE DESIGN IS IT IF WE AS A COMMUNITY DECIDE THAT THE CHARACTER OF THIS AREA WOULD BE SUPPORTED BY PARTICULAR DESIGN ELEMENTS AND SO FORTS. AND OF COURSE, THE LAST PHASE OF THE PROJECT WILL BE AN IMPLEMENTATION PHASE WHERE WE ACTUALLY AFTER WE'VE VISITED WITH THE COMMUNITY AND WITH YOU, WE BEGIN TO ACTUALLY IMPLEMENT THESE STEPS, PUT IN PLACE THE DESIGN STANDARDS IF THOSE ARE DESIRED AND SO FORTS. JUST A LITTLE UPDATE ON WHERE WE ARE ON THAT PROCESS. WE ISSUED THE REQUEST FOR QUALIFICATIONS IN LATE NOVEMBER. THE RESPONSES WERE DUE LAST WEEK. WE HAVE RECEIVED RESPONSES FROM SEVEN APPEAR TO BE VERY QUALIFIED, AT LEAST BASED ON GENERAL REPUTATION, TEAMS. THOSE SETS OF QUALIFICATIONS ARE NOW BEING REVIEWED FOR COMPLIANCE WITH THE BASIC REQUIREMENTS OF THE RFQ AS WELL AS FOR COMPLIANCE WITH THE MINORITY AND WOMEN-OWNED BUSINESS GOALS FOR THE PROJECT. THE SELECTION TEAM WILL BEGIN ITS WORK NEXT WEEK WINNOWING DOWN THE SET, CONDUCTING INTERVIEWS AND THEN WE WILL COME BACK TO YOU PROBABLY IN MARCH. WE'RE HOPING THE FIRST PART OF MARCH. WITH A SHORT LIST OF FINALISTS FOR SELECTION. WE WILL THEN NEGOTIATE THE SCOPE OF WORK AND THE CONTRACT THAT WILL SUPPORT THE PROJECT. WE HOPE TO ISSUE A NOTICE TO PROCEED PROBABLY BY MAY. AND IT WILL BE ABOUT A 24-MONTH PLANNING PROJECT FROM THEN. IF THERE ARE ANY QUESTIONS I'D BE HAPPY TO TAKE THEM AT THIS TIME. AND IF NOT, I BELIEVE THE NEXT PERSON WHO IS GOING TO TALK TO YOU ABOUT THE FINANCE STRUCTURE IS ASSISTANT CITY MANAGER RUDY GARZA.

THANK

Mayor Wynn: THANK YOU, JIM. QUESTIONS FOR MR. ROBERTSON, COUNCIL? WELCOME BACK MR. GARZA.

GOOD AFTERNOON AGAIN MAYOR, COUNCILMEMBERS. I'M ACTUALLY PINCH HIT FOG LESLIE BROADER OUR CHIEF FINANCIAL OFFICER WHO IS HOME SWIK THE FLU. I WANTED TO POINT OUT THAT WE HAD THREE STAFF MEMBERS REPRESENTING THREE DIFFERENT DEPARTMENTS. LESLIE OIVE WOULD HAVE BEEN THE FORTH DEPARTMENT AND I WANT TO ACKNOWLEDGE THAT THERE'S SOME SIGNIFICANT COORDINATION GOING ON WITH BASICALLY EVERY DEPARTMENT IN THE CITY, PARKS, WAWRD, WATERSHED, PUBLIC WORKS, EGR. IT'S SUCH A SIGNIFICANT PROJECT. VERY QUICKLY I WANT TO GIVE YOU AN UPDATE ON WHERE WE ARE WITH THE TIF AND SOME OF THE NEXT STEPS. ON JUNE 21st THE CITY COUNCIL HAD A PUBLIC HEARING AND THEN FORMED THE TIF. WE FORMED THE TIF, BUT REVENUES ARE NOT EXPECTED TO BE COLLECTED UNTIL 2009. THE TERM OF THE TIF IS A 20 YEAR PERIOD WITH EXPIRATION IN 2028. JOE TALKED TO YOU ABOUT THE EFFORTS THAT ARE ONGOING WITH THE DESIGN. THAT PORTION OF THE PROJECT IS IN FACT BEING FUNDED FROM PREVIOUS VENUE FUND PROCEEDS. WE'RE USING THOSE, INTEREST EARNINGSABLE ALSO SOME REVENUES FROM THE REFUNDING OF THE HILTON HOTEL CONSTRUCTION BONDS. ALSO IN OCTOBER OF 2007 WAS WHEN WE APPOINTED THE COUNCILMEMBERS, THE ENTIRE COUNCIL AS OUR REPRESENTATIVES TO THE BOARD PER THE ORDINANCE. THE NEXT STEPS THAT WILL HAPPEN FOR THE TIF -- LET ME JUST BACKTRACK QUICKLY. IN THIS PAST SUMMER, LESLIE, OUR CHIEF FINANCIAL OFFICER, OUR LEGAL DEPARTMENT AND ALSO ASSISTANCE FROM OUTSIDE COUNCIL, WE DWOND THE TIF AGREEMENT BETWEEN THE CITY OF AUSTIN AND TRAVIS COUNTY. WE PROVIDED THAT TO THE COUNTY OVER THE SUMMER. WE'VE BEEN IN ONGOING DISCUSSIONS WITH THEM ON -- VERY SIMPLY, THE AGREEMENT IS EVERYTHING WE'VE TALKED ABOUT AND REPRESENTED, PUTTING IT INTO A -- CODIFIED INTO AN AGREEMENT. WE EXPECT THE COUNTY TO TAKE ACTION ON THAT FOR FINAL APPROVAL THIS MONTH IN FEBRUARY. SO THE NEXT STEPS THAT WILL HAPPEN IS THE BOARD, WHICH IS COMPRISED OF NINE MEMBERS, THE MAYOR AND THE COUNCIL, ONE RENT FROM THE COUNTY AND ONE REPRESENTATIVE FROM AUSTIN COMMUNITY COLLEGE WILL CONVENE A MEETING. AT THAT BOARD MEETING PER THE ORDINANCE, CITY COUNCIL WILL APPOINT A CHAIR. WE EXPECT THAT THE MAYOR WILL BE THE CHAIR OF THE TIF. AGAIN, YOU SEE THERE MR. BELL LYNN IS THE AUSTIN COMMUNITY COLLEGE REPRESENTATIVE. ONCE WE -- ONCE THE TIF HAS APPOINTED THEIR CHAIR AND IN THAT MEETING WE EXPECT THE MOST SIGNIFICANT ACTION ITEM FOR THE TIF WILL BE TO REVIEW THE PROJECT BUDGET, THE PROJECT SCHEDULE AND ENSURE BASICALLY THAT WHAT HAS BEEN DISCUSSED AND PLANNED IS IN FACT WHAT IS GOING FORWARD. THEY WILL ALSO LOOK AT THE FINANCING PLAN THAT WE'VE TALKED ABOUT. THE EXPECTATION IS THAT THE TIF WILL THEN APPROVE THAT AND RECOMMEND IT FOR CITY COUNCIL APPROVAL ON FEBRUARY 14TH. AFTER THAT MEETING, THE CITY COUNCIL WILL THEN CONVENE FOR FINAL APPROVAL OR CONSIDERATION OF THE PLAN APPROVED BY THE TIF BOARD. WE ALSO EXPECT THE TRAVIS COUNTY STAFF WILL BE DOING THE SAME THING WITH THE COMMISSIONERS, TAKING THE PLAN FOR THEIR ACTION. THAT'S A VERY QUICK RECAP ON WHERE WE ARE WITH THE FINANCING PART OF THE PROJECT. AND I JUST WANT TO CLOSE OUT, JOE TALKED TO YOU ABOUT WHERE WE ARE AS FAR AS DECISION POINTS. THERE'S GOING TO BE SEVERAL OBVIOUSLY WITH A PROJECT OF THIS MAGNITUDE, THERE WILL BE SEVERAL DECISION POINTS AS WE GO THROUGH THE CONSTRUCTION AND PLANNING OF IT. WE HAVE PROVIDED YOU I BELIEVE LAST WEEK I SENT YOU A WRITTEN REPORT WITH THE ACTIONS OF THE ADVISORY COMMITTEE AND JIM ALSO TALKED ABOUT THAT, THEIR RECOMMENDATIONS FOR THE DESIGN. WE WOULD -- WE NEED THE DIRECTION FROM COUNCIL BEFORE WE MOVE FORWARD WITH THE ACTUAL DESIGN SO THAT OUR ENGINEERS CAN PROCEED. SO THE 14TH WE'LL COME BACK TO THE COUNCIL TO RECEIVE YOUR DIRECTION ON THE INLET AND OUTLET, THE BASE FLOW AND THEN ALSO THE ACTIONS THAT I JUST TALKED TO YOU ABOUT RELATED TO THE TIF. AND WITH THAT STAFF IS HERE TO ANSWER ANY QUESTIONS.

Mayor Wynn: THANK YOU, MR. GARZA. AND I'M SORRY I HAD TO STEP OFF THE DAIS FOR A FEW MINUTES EARLIER. AND I MAY HAVE MISSED THIS PART. I HEARD THAT THE MAJORITY OF THE ROUTE OF THE TUNNEL IS ANTICIPATED TO BE ESSENTIALLY BELOW OR WHAT WOULD BE THE VERTICAL RIGHT-OF-WAY OF SABINE STREET. BUT ONE CONCERN I HAD WHEN I STARTED THINKING ABOUT THE POTENTIAL FUTURE TAX BASE THAT OBVIOUSLY FUNDS THE TIF IS WHAT I STILL REFER TO AS THE OLD VIGNETTE SITE AT ESSENTIALLY THREE OF THE FOUR CORNERS OF RED RIVER AND CESAR CHAVEZ. SO I'D LIKE TO JUST RAISE THE ISSUE OR SEE IF THERE'S BEEN AN ANALYSIS DONE AS TO THE ROUTE OF THE -- OBVIOUSLY THE TUNNEL IS DOZENS AND DOZENS OF FEET BELOW THE SURFACE, BUT IT REALLY WOULD BE A MISTAKE IF FOR WHATEVER REASON THE VERY SPECIFIC ROUTE OF THE TUNNEL SOMEHOW PRECLUDES SOMETHING AS PROMINENT AS AT LEAST WHAT APPROVED FOR THAT VIGNETTE SITE BACK IN 2001. SOME OF THE HI-RISE CONSTRUCTION THAT WE SEE DOWNTOWN, SOME OF THE HOLES FOR THE PARKING GARAGE OR THE SUBTERRAINIAN STRUCTURE, THEY SEEM TO BE 30, 40, 50 FEET DEEP AT TIMES. I WANT TO MAKE SURE THAT WE HAVEN'T PRECLUDED THE MAXIMIZATION OF TAX BASE PARTICULARLY AT THAT INTERSECTION BASED ON WHERE THE TUNNEL GOES AS IT APPROACHES LADY BIRD LAKE.

IN JUNE WHEN WE APPROVED THE TIF, WE ALSO APPROVED THE BOUNDARIES OF THE TIF. WHAT MIGHT BE HELP., AND WE CAN CERTAINLY PRODUCE THIS FOR YOU, MAYOR. WE DO HAVE A MAP THAT SHOWS SPECIFICALLY WHERE THE BOWN BOUNDARIES OF THAT. I CAN'T TELL YOU RIGHT OFF IF IT INCLUDES THAT.

Mayor Wynn: I'M SURE -- IT HAS TO BE, IT'S ON THE CREEK. THAT IT'S WITHIN THE BOUNDARIES OF THE TIF. MY CONCERN IS WHERE THE TUNNEL MIGHT BE. I GUESS AT SOME POINT -- I GUESS IF YOU HAVE ENOUGH ROOM, YOU COULD STILL HAVE A GIANT SUBTERRAINIAN TUNNEL AND STILL HAVE A HI-RISE BUILT ON TOP OF IT. I JUST HATE FOR IT TO BE PERHAPS JUST A LITTLE TOO CLOSE TO THE SURFACE BECAUSE OF ITS PROXIMITY TO THE LAKE THAT MAYBE IT PREINCLUDES A SIGNIFICANT STRUCTURE AND THEREFORE SIGNIFICANT TAX BASE AT THAT INTERSECTION.

THAT'S ACTUALLY GREAT FEEDBACK. I KNOW THE TUNNEL IS SUBSURFACE ABOUT 60, 70 FEET. OBVIOUSLY I'M NOT AN ENGINEER, BUT I'LL POINT THAT OUT TO OUR STAFF AND MAKE SURE THAT WE DON'T IN FACT PRECLUDE ANY POTENTIAL DEVELOPMENT BASED ON INFRASTRUCTURE REQUIREMENTS.

Mayor Wynn: THANK YOU. FURTHER QUESTIONS, COMMENTS FOR STAFF? COUNCILMEMBER COLE.

Cole: MAYOR, I THOUGHT WE MIGHT HAVE A LITTLE BIT MORE OF A SPECIFIC AREA OF QUESTIONS. JOE OR GARY DID YOU HAVE SOMETHING TO ADD TO THAT? I SAW YOU WALKING TO THE MIC.

DURING THE COURSE OF THE REVIEW OF THE TUNNEL ALIGNMENT WE HAVE MADE CONTACT WITH CERTAIN LANDOWNERS AND THEY'VE APPROACHED US TO DETERMINE AND IDENTIFY ANY POTENTIAL CONFLICTS. I THINK, MAYOR, THAT'S WHAT YOU WERE TALKING ABOUT IN TERMS OF THE TUNNEL ALIGNMENT IN POTENTIAL AND SIGNIFICANT DEVELOPMENT IN THAT AREA. CERTAINLY BECAUSE WE -- AS A PROJECT THAT BENEFITS FROM THE TIF, WE CERTAINLY DON'T WANT TO IMPACT OR LIMIT THE DEVELOPMENT. THERE HAVE BEEN MEETINGS AMONG OUR JOINT VENTURE SUBCONSULTANTS, ON OUR MANAGER AND THE PROPERTY OWNERS. THE DEVELOPERS THAT WE HAVE MET WITH HAVE DETERMINED AND JOINTLY WITH OUR STAFF THAT THE TUNNEL WILL BE BELOW THEIR STRUCTURES. I THINK RIGHT NOW WHAT THEY'RE DOING IS LOOKING AT THE ENGINEER TO GO MAKE SURE WHETHER IT'S FROM A TUNNEL DESIGN STANDPOINT OR THEIR PARKING GARAGE DESIGN THAT THERE WILL NOT BE ANY CONFLICTS IN TERM OF THE NATURE OF THE EXCAVATION. WE ARE ACTIVELY WORKING ON THAT.

Cole: AND MAYOR, I HAD ONE OTHER COMMENT. I KNOW THERE HAS BEEN A LOT OF NEWS COVERAGE ABOUT THE OIL SPILL ON WALLER CREEK AND THAT ACTUALLY EVE HAD SOME COVERAGE AT OUR LAST CITIZEN ADVISORY MEETING. I'D LIKE TO ASSURE THIS COUNCIL THAT THAT WILL NOT HAVE ANY IMPACT ON WHAT WE'RE DOING IN THE CONSTRUCTION OR MASTER PLAN OR DESIGN PHASE. CAN ANYBODY SPEAK TO THAT FOR US REAL QUICK?

I CAN ADD A LITTLE BIT DO IT. WE HAVE HERE WITH US TODAY NANCY McCLINTOCK AND STAN TINDALL. STAN BEING THE ONE TO MANAGE THE REMEDIATION FOR THE DEPARTMENT. I'M GLAD TO SAY THAT OUR EXPEND ENTIENT SI IN TERNL OF RESPONDING TO THE SPILL PREVENTED ANY OF THE OIL FROM EACH REACHING LADY BIRD LAKE. OUR DEPARTMENT IMMEDIATELY CONTACTED THE ENVIRONMENTAL REMEDIATION SURFACE, WHO WAS ON SITE QUICKLY. AND BOOMS WERE SET UP ACROSS WALLER CREEK AT ALMOST EVERY BRIDGE LOCATION FROM SIX THE STREET DOWN TO CESAR CHAVEZ. THE CLEANUP IS COMPLETE. THE TANK, WHICH I BELIEVE WAS ON THE ORDER OF 15,000 GALLONS, HAS BEEN PUMPED OUT, CLEANED AND THERE'S BEEN BACKFILL TO PROTECT THAT AREA. AND OUR SCIENTISTS, ALONG WITH THE CITY'S LEGAL DEPARTMENT ARE NOW COORDINATING TO DETERMINE NEXT STEPS IN THAT ARENA.

Cole: THANK YOU, JOE.

Mayor Wynn: FURTHER QUESTIONS, COMMENTS? COUNCILMEMBER KIM.

Kim: I WAS WONDERING IF SOMEONE COULD TALK ABOUT THE PUBLIC INPUT PROCESS. I KNOW THAT THE RAILROADS HAVE AN INTEREST IN THIS PROJECT AND IN PARTICULAR WITH THE ROW HOUSES AND THEIR FACILITIES AND WHAT HAVE WE DISCUSSED WITH THEM AS WE -- RIGHT NOW WE'RE JUST DOING THE DESIGN WORK, BUT DURING CONSTRUCTION WHAT ARE SOME THING THAT WE'RE ABLE TO WORK OUT FOR THEM AND THEIR ACTIVITIES TO CONTINUE?

I'M SPRINGER WITH PUBLIC WORKS. WE HAVE BEEN WORKING IN CONNECTION WITH THE ROWING CLUB EXTENSIVELY. THEY HAVE A REPRESENTATIVE ON THE ADVISORY COMMITTEE AND WE MEET WITH THEM REGULARLY TO MAKE SURE WE'RE ADDRESSING THEIR CONCERNS, PARTICULARLY WITH THEIR BOAT HOUSE. ALSO THEY HAD SIGNIFICANT REPRESENTATION AT THE PUBLIC WORKSHOP IN NOVEMBER TO VOICE THEIR OPINIONS AND THEIR THOUGHTS ON THE PROJECT. SO WE ARE COORDINATING WITH THEM VERY MUCH SO.

Kim: WHAT ARE THEY ASKING FOR OR WHAT ARE THEY SAYING THAT THEY NEED TO HAVE FOR THIS TO NOT CAUSE INTERRUPTIONS?

THEY DID HAVE CONCERN WITH THE WHITE WATER PROPOSAL AND THE IMPACT IT WOULD HAVE ON THEIR EXISTING OPERATIONS IN LADY BIRD LAKE. AND BECAUSE OF THE OUTLET STRUCTURES LOCATION, IT AFFECTS THEIR BOAT HOUSE. AND WE'RE WORKING WITH THEM TO MITIGATE THE AFFECT ON THEIR BOAT HOUSE.

Kim: IS THERE A WHITE WATER PROPOSAL? I DIDN'T THINK IT WAS SOMETHING WE'RE FORMALLY DOING?

THERE WAS AN ORGANIZATION THAT DID MAKE A PRESENTATION TO THE ADVISORY COMMITTEE REGARDING WHITE WATER AND THE POSSIBILITIES POTENTIAL FOR SUCH AN OPERATION IN WALLER CREEK. AND THEY MADE A PRESENTATION TO THE ADVISORY COMMITTEE AND THEY ALSO HAD REPRESENTATIVES AT THE PUBLIC WORKSHOP IN NOVEMBER AND THEY'VE BEEN IN COMMUNICATION WITH THE ADVISORY COMMITTEE AND THEY MADE THEIR DECISION, WHICH WAS INDICATE UNDERSTAND RESOLUTION.

Kim: IN THE RESOLUTION IS THAT WE WOULD HAVE CONSTANT BASE FLOW WATER RATE, RIGHT?

THE THIRD AND FOURTH POINTS.

Kim: SO NOT THE RIGHT WATER?

YES.

Kim: THANK YOU.

Mayor Wynn: AGAIN, FURTHER COMMENTS, QUESTIONS? THANK YOU ALL VERY MUCH. CONGRATULATIONS AND THANK YOU TO THE MAYOR PRO TEM AND COUNCILMEMBER COLE FOR SHEPHERDING THIS TO THIS POINT SO FAR. SO COUNCIL, I BELIEVE WE HAVE NO MORE DISCUSSION ITEMS ON OUR AGENDA PRIOR TO OUR 4:00 O'CLOCK POSTING FOR ZONING MATTERS. I WILL NOTE THAT EARLIER IN CLOSED SESSION WE HAVE CONCLUDED OUR EXECUTIVE SESSION AGENDA WITH THE EXCEPTION OF WE DID NOT AND WILL NOT TAKE UP ITEM NUMBER 87, THE LEGAL ISSUES REGARDING THE SEAHOLM POWER PLANT BUILDING AND PROPERTY. WE DID TAKE UP THE REAL ESTATE MATTERS RELATED TO THAT PROPERTY. SO THERE BEING NO MORE DISCUSSION ITEM ON OUR AGENDA PRIOR TO OUR 4:00 O'CLOCK ZONING CASES, I WILL NOW RECESS THIS MEETING AND ANTICIPATE US CALLING IT BACK TO OR RIGHT AT 4:00 O'CLOCK P.M. THANK YOU.

Mayor Wynn: THERE BEING A QUORUM PRESENT, AT THIS TIME I'LL CALL BACK TO ORDER THE MEETING OF THIS AUSTIN CITY COUNCIL. WE'VE BEEN IN RECESS. I BELIEVE COUNCILMEMBER McCRACKEN IS NOW IN THE ROOM. SO WITH THAT WE WILL WELCOME MR. GREG GUERNSEY.

THANK YOU, MAYOR AND COUNCIL. I'M WITH THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. I'LL GO THROUGH OUR 4:00 ZONING ORDINANCE AND RESTRICTIVE COVENANT ITEMS WHERE THE HEARINGS HAVE BEEN CLOSED. LET ME START WITH THE ITEMS WE CAN OFFER FOR CONSENT. ITEM 91, CASE C 14-06-0144, RANCH YOATHIS IS A REZONING REQUEST FROM INTERIM RESIDENCE OR IRR, COMBINING DISTRICT ZONING AND INTERIM SINGLE-FAMILY RESIDENCE, STANDARD LOT SF 2 ZONING FOR TRACT 1 AND NEIGHBORHOOD COMMERCIAL LR ZONING FOR TRACT 2 WITH CONDITIONS. READY FOR CONSENT APPROVAL. ITEM 92 IS C 14-06-0145. A REQUEST FROM INTERIM SINGLE-FAMILY RESIDENCE, DISTRICT ZONE TO GO SINGLE-FAMILY RESIDENCE STANDARD LOT OR SF 2 DISTRICT ZONING WITH CONDITIONS. THAT'S READY FOR CONSENT APPROVAL ON SECOND AND THIRD READING. ITEM 93, CASE C 14-06-0146, RANCHO ALTO 3 AT 1900 TO 1920 RALPH COX RODE AND 11 # HUNDRED TO 11916 DAVE SILK DRIVE. DISTRICT ZONE TO GO SINGLE-FAMILY RESIDENCE STANDARD LOT SF 2 DISTRICT ZONING WITH CONDITIONS. READY FOR CONSENT APPROVAL ON SECOND AND THIRD READING. ITEM 94, C 14-06-0148, 1800 TO 1820 RALPH COX ROAD, 11801, 12229 AND 12220 TO 12224 BUZZ SCHNEIDER LANE AND 1609 TO 1641 PAVELICH PASS AND 12116 TO 12124 VERCHOTA DRIVE TO SINGLE-FAMILY RESIDENCE STANDARD LOT, SF 2 DISTRICT ZONING WITH CONDITIONS. IT'S READY FOR SECOND AND THIRD READING. ITEM 95, RANCHO ALTO NUMBER 7, CASE C 14-06-0150 FOR THE PROPERTY LOCATED AT 1213 VERCHOTA DRIVE AND 1600 TO 1628 PAVELICH PASS, FROM INTERIM SINGLE-FAMILY LOT TO SINGLE-FAMILY RESIDENCE OR SF 2 DISTRICT ZONING. READY FOR CONSENT APPROVAL AND SECOND AND THIRD READINGS, SF 2 WITH CONDITIONS. ITEM 96, CASE C 14-06-0151, RANCHO ALTO 8 FOR THE PROPERTY AT 1813 TO 1913 RALPH COX ROAD AND 1800 TO 1824 BILL BAKER DRIVE, A REQUEST FROM INTERIM SINGLE-FAMILY RESIDENCE STANDARD LOT DISTRICT ZONING TO SINGLE-FAMILY RESIDENCE SF 2 DISTRICT ZONING WITH CONDITIONS. THIS IS READY FOR CONSENT APPROVAL ON SECOND AND THIRD READINGS. ITEM 97, CASE C 14-06-01 A 2, RANCHO ALTO NUMBER 9 FOR THE PROPERTY LOCATED AT 1801 TO 1825 BILL BAKER DRIVE AND 1700 TO 1724 OCALA THAN DRIVE FROM INTERIM SINGLE-FAMILY RESIDENCE TO SINGLE-FAMILY RESIDENCE STANDARD LOT OR SF 2 DISTRICT ZONING WITH CONDITIONS. THIS IS READY FOR CONSENT APPROVAL ON SECOND AND THIRD READING. ITEM 98 IS CASE C 14-2007-0191, ANDERSON MILL CHILDREN'S COURTYARD DAY CARE. THIS IS A REZONING REQUEST FROM DEVELOPMENT RESERVE TO LIMITED OFFICE CONDITIONAL OVERLAY. THIS IS READY FOR CONSENT APPROVAL ON SECOND AND THIRD READINGS. ITEM 99, CASE C 14-2007-0129, CUMBERLAND RESIDENTIAL. STAFF IS REQUESTING A POSTPONEMENT OF THIS ITEM TO FEBRUARY 14th IN ORDER TO FINALIZE DOCUMENTS FOR SECOND AND THIRD READINGS. ITEM 100, C 14-2007-0218, FOR THE 620/183 LIMITED PARTNERSHIP PROPERTY AT 10700 TO 10704 LAKELINE MALL. A REZONING REQUEST FROM COMMUNITY COMCIAL MIXED USE COMBINED DISTRICT ZONE TO GO MULTI-FAMILY RESIDENCE MODERATE HIGH DENSITY ZONING. STAFF IS OFFERING THIS FOR SECOND READING. ON THE DAIS YOU HAVE ON THE DAIS A LIST OF A DOZEN GREEN BUILDER RESTRICTIONS THE OWNER IS OFFERING FOR YOUR CONSIDERATION ON SECOND READING APPROVAL WITH THESE -- APPROVAL OF THESE ITEMS AND PROCEED ON TO THIRD READING. BUT THIS IS ON ITEM NUMBER 100. AND THAT COULD BE OFFERED ON CONSENT WITH SECOND READING AND THE EXCEPTING OF THOSE CONDITIONS. ITEM 101, C 14-2007-0211, FOR THE PROPERTY AT 5725 DIELH TRAIL TO MULTI-FAMILY RESIDENCE MODERATE HIGH DENSITY. CONDITIONAL OVERLAY OR COMBINED DISTRICT ZONING. READY FOR CONSENT ON SECOND AND THIRD READINGS. PREPARED IN THE ORDINANCE AN ADDITIONAL EXHIBIT. THE OWNER HAS AGREED TO PROHIBIT CONSTRUCTION OF STRUCTURES WITHIN A LIMITED AREA OF THE NEIGHBORHOOD REQUESTED SO THAT'S INCORPORATED INTO THE ORDINANCE IF THERE IS NO OBJECTION ON YOUR PART. WE CAN TAKE THAT ON ALL THREE READINGS. IF THERE IS OBJECTION, WE CAN DELETE THAT. WE CAN OFFER THAT WITH ADDITIONAL CONDITIONS. ITEM 102, CASE C 14-2007-0084 TO THE ELM TERRACE PROPERTY. THE APPLICANT HAS REQUESTED A TWO-WEEK POSTPONEMENT TO FEBRUARY 14th. THAT CONCLUDES THE ITEMS I CAN OFFER ON CONSENT APPROVAL FOR THIS PORTION OF THE AGENDA.

Mayor Wynn: THANK YOU, MR. GUERNSEY. COUNCIL, WITHOUT OBJECTION THE PROPOSED CONSENT AGENDA WILL BE TO APPROVE ON SECOND AND THIRD READINGS ITEMS 91, 92, 93, 94, 95, 96, 97, AND 98, NOTING SEVERAL ADDITIONAL CONDITIONS THAT MR. GUERNSEY HAS READ INTO THE RECORDS. TO POSTPONE ITEM NUMBER 99 TO FEBRUARY 14th, 2008. TO APPROVE ON SECOND READING ONLY ITEM 100 AND DIRECTING STAFF TO PREPARE THOSE ADDITIONAL CONDITIONS REGARDING GREEN BUILDING STANDARDS. TO APPROVE ITEM 101 ON SECOND AND THIRD READING, AND TO POSTPONE ITEM 102 TO FEBRUARY 14th, 2008. I'LL ENTERTAIN THAT MOTION.

MOVE APPROVAL.

MOTION BY COUNCILMEMBER LEFFINGWELL, SECONDED BY COUNCILMEMBER MARTINEZ TO APPROVE THE CONSENT AGENDA AS READ. FURTHER COMMENTS? HEARING NONE, ALL THOSE IN FAVOR PLEASE SAY AYE. OPPOSED? MOTION PASSES ON A VOTE OF 7-0.

THANK YOU, MAYOR AND COUNCIL. LET ME CONTINUE WITH OUR 4:00 NEIGHBORHOOD AND PLAN ITEMS. THESE ARE ITEMS WHERE THE PUBLIC HEARINGS ARE OPEN AND ACTION IS POSSIBLE. FIRST ITEM I'LL OFFER FOR CONSENT IS ITEM 103, CASE C 814-2007-0163, THE VENUE AT LAKE TRAVIS. THIS CASE HAS BEEN WITHDRAWN. ITEM 104, CASE C 14-2007-0108, CAMDEN DEN NORTH LAMAR, 53 ON 4 AND 5400 NORTH LAMAR BOULEVARD. APPLICANT HAS REQUESTED INDEFINITE POSTPONEMENT. THAT WOULD MEAN WHEN WE BRING THIS BACK WE WOULD HAVE TO DO AN ADDITIONAL NEWSPAPER AND MAIL NOTICE TO ASSOCIATIONS REGISTERED WITH THE CITY AND ADJACENT PROPERTY OWNERS WITHIN 300 FEET. ITEM 105, C 14-2007-0237, THE OLD WEST AUSTIN NEIGHBORHOOD PLANNING AREA VERTICAL MIXED USE BUILDING, THE OPT IN, OPT OUT PROCESS. STAFF IS RECOMMENDING A POSTPONEMENT OF THIS ITEM TO YOUR FEBRUARY 28th AGENDA. ITEM 106 IS CASE C 14-2007- 14-2007-0259, THE GOVALLE JOHNSTON TERRORIST. THIS IS STAFF POSTPONEMENT ON THIS ITEM TO YOUR FEBRUARY 28th AGENDA. ITEM 107, C 14-2007-0262, CENTRAL AUSTIN COMBINED NEIGHBORHOOD PLANNING AREA APARTMENT IN, OPT OUT. THIS IS AN ITEM STAFF IS RECOMMENDING POSTPONEMENT TO YOUR FEBRUARY 28th AGENDA. ITEM 108, CASE NPA-2007- NPA-2007-0016.02, THE GOVALLE LAND. THIS IS AN AMENDMENT TO A NEIGHBORHOOD PLAN. THIS CASE HAS BEEN WITHDRAWN. NO ACTION IS REQUIRED. ITEM 109, CASE C 14-2007-0146. SH, 1100 LINDEN STREET, A REZONING REQUEST FROM FAMILY NEIGHBORHOOD PLAN COMBINED DISTRICT ZONING, MULTI-FAMILY RESIDENCE, MEDIUM DENSITY COMBINING DISTRICT ZONING TO SINGLE-FAMILY RESIDENCE, SMALL LOT, NEIGHBORHOOD PLAN COMBINING DISTRICT ZONING, AND MULTI-FAMILY RESIDENCE, MEDIUM DENSITY NEIGHBORHOOD PLAN COMBINING DISTRICT ZONING. THE PLANNING COMMISSION RECOMMENDATION WAS TO GRANT THE SF-4 NP COMBINED DISTRICT ZONING AND THE MF-3-(P. THIS IS READY FOR CONSENT APPROVAL ON FIRST READING ONLY. ITEM 110 IS CASE C 14-06-0147, RANCHO ALTO 4. THIS IS A REQUEST FROM INTERIM SINGLE-FAMILY RESIDENCE ZONING TO SINGLE-FAMILY RESIDENCE STANDARD LOT, SF 2 DISTRICT ZONING WITH CONDITIONS. IT WAS RECOMMENDED FOR SF 2 WITH CONDITIONS AND THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM 111, C 14-06-010149, THIS IS A REZENNING REQUEST FROM INTERIM SF-2 OR I INTERIM SINGLE-FAMILY TO SINGLE-FAMILY RESIDENCE STANDARD LOT OR SF 2 DISTRICT ZONING. THE ZONING AND PLATTING COMMISSION'S RECOMMENDATION WAS GRAND THE SF 2 ZONING WITH CONDITIONS AND THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM 112, C 14-86-301 RCA SPRINGFIELD AT EAST WILL 81 CANNON DRIVE. THIS IS AN AMENDMENT TO RESTRICTIVE COULD HAVE NANLT, THE ZONING AND PLANNING COMMISSION RECOMMENDED AND THIS IS READY FOR CONSENT APPROVAL. ITEM NUMBER 115, C14-06-0215C. Springfield 12. Property locally known as the northwest corner of East William Cannon Drive and McKinney Falls Parkway. From multi-family residence-low density MF-2 district zoning; community commercial GR district zoning and warehouse- limited office WLO district zoning to community commercial-mixed use GR-MU combining district zoning. Zoning and Platting Commission Recommendation: To grant community commercial-mixed use- COMPANIES AND THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM NUMBER 116 IS C14-06-0215B. Springfield 14 Conduct a public Locally known as the west side of Jane's Ranch Road. From limited office LO district zoning to multi-family residence. Zoning and Platting Commission Recommendation: To grant multi-family residence- medium density MF-3 district zoning with conditions. THIS IS READY FOR ALL THREE READINGS. NUMBER 117 IS NPA-2007-0003.01. 1309 Chicon Development. The Chestnut Neighborhood Plan, To change the land use designation. Planning Commission Recommendation: To approve mixed use designation. THIS IS READY FOR FIRST READING ONLY. ITEM NUMBER 118, A RELATED ITEM, C14-2007-0136. 1309 Chicon Development. Rezoning property locally known as 1309 Chicon Boggy Creek Watershed from neighborhood commercial-neighborhood plan LR-NP combining district zoning to community commercial- mixed use-conditional overlay- neighborhood plan GR-MU-CO- NP combining district zoning. Planning Commission Recommendation: To grant community commercial-mixed use- conditional overlay- THIS IS READY FOR FIRST READING ONLY. ITEM NUMBER 119 IS C14-04-0196.02. The Enclave. 4525 Guadalupe Street. From multi-family residence- moderate high density- neighborhood conservation combining district-neighborhood plan MF-4-NCCD-NP combining district zoning to multi-family residence-moderate high density-neighborhood conservation combining district- neighborhood plan MF-4-NCCD- NP combining district zoning to amend the Hyde Park North neighborhood conservation combining district NCCD. Planning Commission Recommendation: To grant THE COMBINED DISTRICT ZONING AND THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM NUMBER 120, C14-2007-0092 21C. Known as 300 San Jacinto Blvd. POSTPONE THIS CASE TO THE FEBRUARY 28 AGENDA. ITEM NUMBER 121, C14-2007-0212. 907 Rio Grande. Rezoning property locally known as 907 Rio Grande Street Waller Planning Commission Recommendation: To grant limited office-mixed use LO-MU combining district zoning with conditions. THIS IS READY FOR CONSENT APPROVAL ON FIRST READING ONLY. MAYOR, I UNDERSTAND THE OWNERS AGENT HAS SIGNED UP IN FAVOR OF THIS REQUEST, NORMALLY I WOULD OFF THIS AS A CONSENT ITEM, IF --

SIGNED UP WISHING TO SPEAK. BY SPEAKING IT WILL BE REMOVED FROM THE CONSENT AGENDA, RISK THE APPROVAL BUT YOU ARE WELCOME TO -- THANK YOU. THIS IS FOR CONSENT APPROVAL ON FIRST READING ONLY. ITEM NUMBER 22 IS C14-2007-0249. Block. BLOCK 21 PROPERTY. 300 West 2nd Street and 200 Lavaca Street. From central business district-central urban redevelopment- conditional overlay CBD-CURE- CO combining district zoning to central business district-central urban redevelopment- conditional overlay CBD-CURE-CO combining district zoning to change a condition of zoning. Planning Commission Recommendation: To grant central business district-central urban AND THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM NUMBER 123 IS C14-2007-0235. Judges Hill Neighborhood Association Portion of Downtown Planning Area Vertical Mixed Use Building. Zoning Opt-inOpt-Out Process AS A DISCUSSION ITEM. ITEM 124 IS C14-2007-0258. East MLK Combined Neighborhood Planning Area Vertical Mixed Use Building Zoning Opt- inOpt-Out Process. THIS IS A DISCUSSION ITEM. ITEM NUMBER 125, C14-2007-0263. Hyde Park Neighborhood Planning Area Vertical Mixed Use Building Zoning Opt-inOpt-Out Process THIS IS A DISCUSSION ITEM. ITEM NUMBER 126, NPA-2007-0005.01. Jockey Tract. AN AMENDMENT TO CHANGE the land use designation on the future land use map FLUM from commercial and mixed residential to industry for the property located at 912 Bastrop Hwy Planning Commission Recommendation: To grant industrial land use designation. WE COULD OFFER THIS AS CONSENTS APPROVAL ON ALL THREE READINGS, MAYOR. I UNDERSTAND THERE IS ONE INDIVIDUAL THAT MAY HAVE SIGNED UP IN OPPOSITION TO THIS BUT WE DO NOT SEE HIM PRESENT EARLIER.

IS PAT JOHNSON IN THE CHAMBERS? MR. PAT JOHNSON, HOURS AGO, SIGNED UP IN OPPOSITION BUT IF MR. JOHNSON IS NOT HERE, WE WILL JUST NOTE HIS OPPOSITION FOR THE RECORD. BOTH ON 126 AND 127.

VERY GOOD, MAYOR. I WILL OFFER 127 ALSO AS A CONSENT ITEM. THAT IS CASE C14-2007-0186. Jockey Tract. 912 Bastrop Hwy. services-conditional overlay- neighborhood plan CS-CO-NP combining district zoning; and single-family residence-small lot-neighborhood plan SF-4A-NP combining district zoning to industrial park-conditional overlay-neighborhood plan IP-CO-NP combining district zoning. Planning Commission Recommendation: To grant industrial park conditional overlay neighborhood plan IP-CO-NP combining district zoning. THIS IS READY FOR CONSENT APPROVAL ON ALL THREE READINGS. ITEM NUMBER 128, THIS IS CASE C14H-2007-0017. Dorothy Nichols Duplex. 1206 Lorrain Street. THE NEIGHBORHOOD HAS REQUESTED POSTPONEMENT, THE PROPERTY OWNER IS IN AGREEMENT WITH THAT REQUEST AND THIS WOULD BE UNTIL FEBRUARY 28. ITEM 129 IS ACE CASE C14H-2007-0028. Burch-Jackson House. 1706 Canterbury Street. THE OWNER HAS REQUESTED A POSTPONEMENT UNTIL THE FEBRUARY 14 MEETING. ITEM NUMBER 130 C14H-2007-0031. Henry Colley House. IS THIS IS A DISCUSSION ITEM. WE HAVE A DISCUSSION POSTPONEMENT ON 131 QUO GO THROUGH AND YOU CAN HEAR THAT DISCUSSION AND TRY TO DO THIS ON THE CONSENT AGENDA OR WE CAN DEAL WITH THAT ONE SEPARATELY.

WITHOUT OBJECTION COUNCIL, WHY DON'T WE GET THROUGH THE CONSENT AGENDA AND WE WILL TAKE UP DIE BLOG THAT POSTPONEMENT REQUEST.

THEN WE WILL COME BACK TO 131.

THAT. BY THE WAY, MR. JOHNSON HAS ARRIVED SO THEN COUNCIL, OUR PROPOSED CONSENT AGENDA FOR THESE CASES WHERE WE HAVE YET TO CONDUCT THE PUBLIC HEARING WOULD BE TO NOTE THAT ON ITEM NUMBER 103 THIS CASE HAS BEEN WITHDRAWN. WE WILL BE POSTPONING ITEM 104 INDEFINITELY WHICH REQUIRES ADDITIONAL NOTICE SHOULD THAT CASE COME BACK. WE WILL BE POSTPONING ITEMS 105, 106 AND 107 TO FEBRUARY 28, 2008. WE WILL NOTE THAT ITEM 10HAS BEEN WITHDRAWN. CLOSE THE PUBLIC HEARING AND APPROVE ON FIRST READING ONLY ITEM 10. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE ON ALL THREE READINGS ITEMS 110, 111. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE THE RESTRICTIVE COVENANT AMENDMENT ON CASE 112. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE ON ALL THREE READINGS CASES 113, 114, 115 AROUND 116. -- AND 116. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE ON FIRST READING ONLY CASES 117 AND 118. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE ON ALL THREE READINGS CASE 119. WE WILL BE POSTPONING ITEMS 120 UNTIL FEBRUARY 20, 2008. WE WILL CLOSE THE PUBLIC HEARING AND APPROVE ON FIRST READING ONLY CASE 121. CLOSE THE PUBLIC HEARING AND APPROVE ON ALL THREE READINGS CASE 122. WE WILL BE POSTPONE ING CASE 128 TO FEBRUARY 28th, 2008. WE WILL BE POSTPONING ITEM 129 TO FEBRUARY 14th, 2008.

AND MAYOR, I'VE BEEN JUST TOLD THERE IS AGREEMENT NOW TO POSTPONE ITEM 131, IF YOU WOULD LIKE ME JUST TO READ THAT BRIEFLY INTO THE RECORD.

PLEASE DO.

THIS IS THE CASE C814-06-0202. PIER Partners. 1703 River Hills Road. I UNDERSTAND THE PARTIES ON THE NEIGHBORHOOD SIDE AND THE APPLICANT SIDE HAVE BOTH AGREED TO A POSTPONEMENT TO FEBRUARY 28th. AND STAFF WILL TRY TO HAVE THIS READY FOR ALL THREE READINGS ON THAT DAY.

THEN COUNCIL, AN ADDITIONAL CONSENT ITEM WILL BE TO POSTPONE CASE 131 TO FEBRUARY 28th, 2008. I WILL ENTERTAIN A MOTION ON THE CONSENT AGENDA. MOTION BY COUNCIL MEMBER McCRACKEN. SECONDED BY MAYOR PRO TEM TO APPROVE THE CONSENT AGENDA AS READ. FURTHER COMMENTS? ACTUALLY COUNCIL, WITHOUT OBJECTION, SINCE WE ARE GETTING THROUGH SO QUICKLY, THOMAS DID SIGN UP WISHING TO SAY A FEW WORDS ABOUT ITEM 121 WE WILL BE APPROVING ON FIRST READING ONLY AND I WOULD WELCOME HIM TO GIVE A BRIEF STATEMENT OR TESTIMONY ABOUT THAT CASE. ANY QUESTIONS ON CASE 121, COUNCIL, WHICH IS OUR ZONING CASE KNOWN AS 907 RIO GRANDE? WE WILL LEAVE THAT ON THE CONSENT AGEN MOTION AND A SECOND TO APPROVE IT AS READ, FURTHER COMMENTS? HEARING NONE, ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE, OPPOSED? MOTION PASSES ON A VOTE OF 7-0. THANK YOU ALL VERY MUCH. SO MR. GUERNSEY, WHY DON'T WE QUICKLY TAKE UP CASE IS 126 AND 127. MR. JOHNSON IS BACK IN THE CHAMBERS.

126 AND 127 ARE RELATED ITEMS. NPA-2007-0005.01. C14-2007-0186. AND THE 126 CASE IS AN AMDMENT TO THE NEIGHBORHOOD PLAN, A NEIGHBORHOOD PLAN WITH A PORTION OF THE PART OF THE AUSTIN SMALL CONFERENCE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION ON THE PROPERTY LOCATED AT 912 BASTROP HIGHWAY FROM COMMERCIAL MIXED USE TO INDUSTRIAL. THE PLANNING COMMISSION DID MAKE A RECOMMENDATION FOR THAT LAND USE DESIGNATION CHANGE. THE RELATED ZONES INDICATION IS CASE C14-2007-0186. FOR THAT SAME PROPERTY AND THIS IS A REZONING REQUEST FROM GENERAL COMMERCIAL services-conditional overlay- neighborhood plan CS-CO-NP combining district zoning; and single-family residence-small lot-neighborhood plan SF-4A-NP combining district zoning to industrial park-conditional overlay-neighborhood plan IP-CO-NP combining district zoning. AND THE PLANNING COMMISSION RECOMMENDATION WAS TO GRANT THE INDUSTRIAL PARK CONDITIONAL OVER PLAY, NEIGHBORHOOD COMBINED DISTRICT ZONING. THE PARK IS APPROXIMATELY 42-ACRES IN SIZE. WHEN THE COMMISSION MADE THEIR RECOMMENDATION IT WAS APPROVED ON CONSENT FOR BOTH ITEMS AND THEY APPROVED THE STAFF RECOMMENDATION AND IT HAD SOME LIMITATIONS ON THE ZONING, SPECIFICALLY IN THE PROPERTY THAT WOULD LIMIT THE PROPERTY TO LESS THAN 2,000 DAILY TRIPS PER DAY, AND CLOSE WHERE IT DEAD END INTO THE PROPERTY, REQUIRE A 50-FOOT VEGETATIVE BUFFER ON THE SOUTHWEST PROPERTY LINE, TO REQUIRE A FENCE BETWEEN THE 50-FOOT BUFFER AND THE REMAINDER OF THE PROPERTY, THAT THERE ARE NO DOORS EXCEPT EMERGENCY EXIT DOORS AND FIRE DOORS THAT WILL BACK UP TO THE RIVER SIDE MEADOWS SECTION ONE SUBDIVISION. AND THIS IS READY FOR ALL THREE READINGS. FOR BOTH OF THESE ITEMS. IT IS LOCATED IN THE PLANNING AREA THAT WAS PART OF THE CITY'S AUSTIN NEIGHBORHOOD PLANNING PROGRAM AND ADOPTED IN SEPTEMBER OF 2001. REQUESTED AMENDMENT TO THE NEIGHBORHOOD PLAN LOCATED WITHIN THESE BOUNDARIES. IT'S BORDERED ON THE NORTH BY INDUSTRIAL PROPERTIES ZONED L-I AND USED FOR WAREHOUSE, SINGLE FAMILY RESIDENTIAL USES OR SF-4A ZONING TO THE SOUTH. TO THE CEASE COMM