Closed Caption Log, Council Worksession, 4/30/98

>>Garcia: good afternoon, everybody. My name is Gus.

>>Garcia: I serve on the Austin City Council in place 2. It is my pleasure today to present a proclamation to an organization that is in charge of the festivities for cinco de mayo. Before I present this proclamation and because we have a few young people in the audience, welcome, you all. I want to give a little bit of history about this fest activity. 136 Years ago, a young Texas, by the name of ignacio zaragosa, born in goliad Texas, then moved to Mexico and became a general, led the mexican forces against the french in the battle in peublo. Won that battle and became a hero, not just to the people in Mexico, but the people in Texas. The -- there was a discussion many years later as to whether or not zaragosa was born in in Texas, I am going to ask the students if you know the answer to that question. Was he born in Mexico or in Texas? in both places. He was born in Texas and in Mexico because what? Texas was part of Mexico at that time. So they had that argument when mexican officials knevil some years later. I mean, a few years ago and they argued that zaragosa was born in Mexico. He was because Texas at that time was part of Mexico. This proclamation is going to be received by gloria pe nington of the center City -- sister City association and buster who will be having festivities at fiesta gardens, it reads as follows, be it known by these presents, that I, Kirk Watson, Mayor of the City of Austin, do hereby proclaim that today may the 5th, 1998 cinco de mayo festival days in Austin and calls on all citizenses to join him in recognizing cinco de mayo as a day of great historic importance in that it marks the vick terri of the mexican army over the french. The defeat of french I am peer lists in Mexico. Recognizing that the culture of Mexico is intertwined with the culture of Austin. In recognizing that it represents mexican unity and patriotism and encouraging all citizens to participate in this meaningful and fun event and celebrate Cinco de Mayo. Let me say that Cinco de Mayo also has significance for the United States and for those people of african descent. Because napoleon not only had plans for Mexico, but he also wanted to come and help the confederacy in the war between the states. France at that time depended on cotton that was grown in the south and he wanted that supply to continue. Using slave labor. Zaragosa's victory at peubla showed down the movement of the french troops and as a matter of fact -- slowed down the movement and as a matter of fact they never got to the United States. They had to reinforce their troops once they lost the battle. The civil war was shottened. The african american -- shortened, the african american slaves were freed, the rest is history. This festival is enormously important to all of us. Congratulations for doing all of the work.

>> Thank you, sir. [Applause]

>> I was asked to say a few word, if I can, we are going to have a tremendous cinco de mayo event here, starts tomorrow, a five day event. It's not just for the people from East Austin, it's open to the entire City of Austin. It's going to be five days of a lot of fun, we have a huge carnival, it will be there. We have headliners like jay perez tomorrow night, konjuto on sunday, eddie gonzales on Monday and [inaudible] on tuesday. We invite the whole City of Austin to come out. All to benefit the kids, that was the next thing. We started this program nine years ago, we took over cinco de mayo about four years ago. In that period of time, Gus. we have served in our program approximately 15,000 children in East Austin. Nine years ago when we started we put together this logo. This logo is one that has a snake in the be ak of an eagle, it has the colors of our mexican flag. What this means is this: this is the snake of oppression with the seeing gel of salvation. The impression that our youth league has fought for the last five years this is parental neglect, lack of education and ignore answer. That's what our program fights, we do that through sports. We are trying to expand that into other non-traditional activities. The colors represent Mexico, we feel the kid need to remember their roots and the their heritage, that's most important. That's what this eagle represents and what we would like to do is give each of our city leaders one of those. [Inaudible]. [Laughter]. Oh, no.

>> I will wear it as a night shirt. [Laughter].

>> The Mayor has been out to our programs, Gus has been out to all of them, it's a tremendous, tremendous project. With your help, it's worked so well. We were looking at the total numbers of of children that we have worked with, I can honestly say I don't know of any other program that has worked with that many kids. Come to our complex any night of the week and see hundreds if not thousands of people out there.

>> All boys and girls.

>> Boys and girls. The beauty of this program is this -- it's in the heart of East Austin, we see boys and girls there, but what we do is we see lots of parents because we know when we are talking about all of the problems that gangs and the violent crime, all of these other things, what it really -- where it really has to begin is at home, in the family, we have lots of families that come out there. We developed one of our most beautiful parks now in east Austin with your help Gus. with the help will of a lot of other people, ray lopez has a sign that they do every year. [Inaudible] [laughter].

>>.

>>Garcia: we change berkman drive to avenida Cinco de Mayo for these festivities. That's 5th of may avenue. [Applause]

>> we certainly hope that all of Austin will go out and support buster and his wonderful programs. And the activities at fiesta gardens, but I also want to invite you on may 5th to wooldridge square park. Because the City of Austin employees are joining the employees of Travis County in sell braigt celebrating cinco de mayo, you can come have lunch with us, enjoy the wonderful food, wonderful music, glory I don't say mexican culture. May 5th at 11:00 a.m., wooldridge square, be there. Thank you.

>> Thank you. [Applause]

>> can I say one other thing? I would like to say one more thing, Mayor, I would like to railroad thank all of our sponsors. Cinco de mayo is a project that starts a year in advance, people like budweiser, fox 7, Southwestern Bell, burger King, h.e.b., are some of the folks that have really helped us with this Cinco de Mayo event. It will be the biggest family oriented event in the City of Austin this weekend. Celebrating Cinco de Mayo. So we invite the entire community. We are having a special program on tuesday that starts at 6:00, we are hoping all of our City leaders can be there. It's a program where we will incorporate education, we are going to have a marachi group bring in our honors team, our city leaders, people nrun wall in the community. -- Influential in the community.

>> Thank you for all you do. You are something else.

>>Mayor Watson: our next proclamation -- come on up, I lost you for a second, I was looking for you and I lost you: be it known by these presents, that I, Kirk Watson, Mayor of the City of Austin, do hereby proclaim that today april 30th, 1998, as "our house" day in Austin. I call on all citizens to join me in recognizing that energy conservation helps our environment by lessening the impact on non-renewable natural resources used to generate power and by decreasing air pollution. In recognizing the our house television program which has been designed to bring environmentally sound building to the citizens of Austin. In thanking the sponsors of our house, our energy, the city of Austin green building program, bryant heating and cooling system, nationsbank, overhead garage door of Austin, homedy for, Texas capital area builders association, klbj a.m., kgsr f.m. And kvue-24 and encouraging everyone to practice environmentally friendly green building which can improve the quality of our life for our entire community, signed by me, Kirk Watson Mayor of the City of Austin, thank you very much. [Applause]

>> I well want to thank the Mayor and Council and our staff, roger duncan for helping us bring this to the city of Austin, this really brings home that energy conservation can really make a difference, make sure and tell all of your friends to watch at 5:00 on channel 24 every saturday through june, it's an Austin original, we hope you join in. Thanks.

>>Slusher: the konlt nent tall kids day folks, will you -- continental kids day folks, will you come up? all right. One of the great things about Austin not only our music scene, but our small businesses, also, and really provides a lot of the spirit, I think, of Austin and also the small businesses are very close to the community. This is some proof of that. I will just read the proclamation and then call pat up to talk about it. Be it known by these presents that I, Kirk Watson, I am of course Daryl Slusher speaking on his behalf, Mayor of the city of Austin, Texas, do here by proclaim may 2nd, 1998 as continental kids day in Austin and call on all citizens to join me in recognizing this day as a benefit for the travis heights elementary school sponsored by the adopt a school committee with all proceeds going to benefit travis heights elementary. In recognizing steve worth himmer as owner of the fabulous continental club and as the host of continental kid day. And james mcmurtry for their participation, also another great local song writer, for their participation and encouraging everyone to support and attend this fun filled event. I would also say if we could tell everyone in addition to the event on saturday, to get out and vote on the same day. Patrick.

>> Daryl, thanks so much. [Applause] 80's pleasure to be here today. Thanks so much for Kirk Watson, our Mayor and City Council, Daryl particularly for getting this done for me. It's great to be working for kids. Our adopt a school commune tee has been a lot of fun. This event is about nothing but fun. Saturday afternoon at 2:00 at the continental club. Everybody is welcome to come. Tickets at the door, thanks to all of the musicians and steve worthheimer. These are the officers of the student Council for travis heights. They have goodies for the Council, thank you all very much.

>> You want to say something?

>> no. [Laughter].

>>Slusher: thank you all very much, we look forward to the event.

>> Thank you. [Applause]

>>Mayor Watson: gentlemen, our next proclamation, be it known by these presents, that I, Kirk Watson, Mayor of the City of Austin, do hereby proclaim that today may 2nd through 10th, 1998 as bicycle Austin week. And I call on all citizens to join me in recognizing biking -- bicycling as an environmentally friendly mode of transportation, an efficient way to keep fit and healthy and a fun recreational activity. In commending local restaurants, bakery is, bike shops that are serving as breakfast station on friday, may 8th, bike to work day. In recognizing bicycle Austin week as sponsored by the City of Austin bicycle program and encouraging everyone to take part in this fun filled week long celebration, signed by me, Kirk Watson, Mayor of the City of Austin. Thank you very much. Keith snodgrass with public works and transportation.

>> I would like to thank the Council for supporting bicycling and walking in the city. It's been a really interesting couple of months since I've taken on the job as bike and pedestrian coordinator. I have a lot of support from the Council and my department. I would like to thank them all. Greg guernsey if I -- if I may encourage the Council and challenge the Council to participate in the bike to work day on friday and park your car and hop on your bike and join us on your way to work. Thank you. [Applause]

>>Mayor Watson: unfortunately the last time I remember the staff challenge challenged me to something I was doing a flip off the barton springs diving board, they know I'm easy now, all you have to do is challenge me to do something.

>>Goodman: now we are going to celebrate and congratulate those who have won an ace. A cable ace award and nomination for -- so would those folks who are part of rodgers and hammerhead and bat attitude. Bat, b-a-t. And representatives from the Austin music network.

>>Mayor Watson: I'm sorry I interrupted you judy maggio it's okay Mayors can do that. I want to -- judy maggio I want to read but the award, cable channels serving over 75,000 subscribers, Austin is one of three cable companies no, ma'am nated in this category, the cable ace awards are given out each year by the national academy of cable programming. The ablgdmy was created in 198 -- the academy was created in 1985 to create and promote excellence in cable television programming. They were nominated in February and the awards will be announced in atlanta on may the 5th during cable '98. Why we are here is because nominated was the rodgers and hammerhead show, an interview series on the Austin music network which is channel 15. [Applause] and the rodgers and hammerhead show is a series that can be seen on amn 15, channel 15, at 10:30 p.m. Every thursday. Council is over, it's okay to change channels. The show features interviews given by freddie pours and bill mcDavid and created to acknowledge song writers and give them a chance to talk about their work. Each artist tells background stories about a song and then performance the song. The performers also talk about the creative process, business dealings, what pitfalls to avoid and what has helped them success snead the music industry. The shows are recorded in an informal atmosphere bringing the viewer into the living room setting and into the song writer's circle. The hosts who are song writers themselves contribute amusing an neck dolts about industry difficulties -- anecdotes about industry difficulties and stories behind the songs. The series features 13 individual artists show produced by amn. Song writers who have appeared in the series include gary pnunn, doug supernah, erin barker, steve from holtz, ray wylie hubbard, larry gatlin, rust community weir, geeizenslaus, see, sammy, I can say your name, freeddy powers, willie nelson, floyd tillman and merely haggard. If you have seen this show you know that it is quality programming, something that makes Austin special. Most other cities don't have this. So let me offer on behalf of the Mayor and the City of Austin two proclamations. One calling on us to proclaim april 30th as rodgers and hammerhead day and one to proclaim it as also bat attitude day.

>> Good. [Laughter].

>> So -- [applause]

>>Goodman: we call on all citizens to join us in recognize thank the rodgers and hammerhead show and bat attitude show already well known interview series and sports series enjoyed by many people in Austin has been nominated -- have been nominated for the prestigeous cable ace awards presented each year by the national academy of cable programming. In recognizing that these shows -- and I need to go through all of these people's names, produced by freeddy powers and Bill mcDavid, along with ingrid wigins. Bat attitude hosted by mark martella produced by tim henning. Bob buckelew and george formingham were created to acknowledge song writers and give them a chance to talk about their work and we do congratulate all of those involved in the creation and production of these two shows. We also want to thank Austin music network because without that fertile venue we wouldn't be able to proclaim -- [applause] -- and celebrate the very special people that we get on this channel. Thank you again for all you do and we hope you win on the 5th.

>> Thank you.

>> We would like to thank the Council for supporting the Austin music network and ingrid and the Austin music network for putting out a quality show, helping with the technical part of the show that we thank time warner for nominating us. And thank you all for pulling for us, we are going to try to win. Thank you. [Applause]

>> ditto. [Applause] [laughter].

>> The rodgers and hammerhead show is one of my favorite shows that I produce for the Austin music network. I think it's a wonderful example of how the music industry cooperates with the music network. Bill and freddie basically provide the talent, we provide the technical expertise, I would like to thank rob, Donald, gary, who do the audio and lighting and the rest of the wonderful crew. I think it does prove that it can do quality productions on the local level. [Inaudible]. Last but not least, I would like to thank the Council for having giving us four years and I hope we continue somehow. [Applause]

>> well, as esther and ingrid can testify, it's easy to produce good programming when you have good people. Mark martell on of the host of bat attitude was great to work with. Tom and bob were great producers, so you kind of stand back, just watch them do their wonderful work. So wish us luck next tuesday in atlanta when the awards will be given out. And we hope we bring back two of them for Austin. Thank you. [Applause]

>> you guys watch the show today is willie nelson's birthday, his show is showing at 6:00, ray wylie hubbard is showing at 10:00 tonight if you would like to see what we do.

>>Mayor Watson: that's going to be tough because everybody is watching Channel 6 with us still meeting. Thank you all, [laughter]. It's a great show. Well, speaking of music, now it's time for music. For over 20 years and I know for a fact it's over 20 years, we have talked about it, I remember as a kid the first time I saw ray wylie hubbard was at the tarrant county Convention Center, both of our memories have faded so badly we can't remember whether it was '72 or '73, he was there with willie nelson and David alan coe and I was just a kid and liz was a kid and we went --

>> he was just a kid,.

>> He was 15, I was about 10 at the time. [Laughter]. Over 20 years ray wylie hubbard has been perfecting his craft as a song writer. With influences such as rambling jack elliott and woody guthrie, his mix of blue grass, honky tonk and folk has made him popular among outlaw country fans, though he's most phone for his anthem up against the wall red neck mother. His music has evolleyed and matured, imbued with a new spiritual depth. His new release dangerous spirits has not only received favored reviews from national press, but garnered accolades but the kerrville music awards. He's made appearances on national television shows such as crook and chase and Austin city limits and he's played with some of the biggest names in country music. He's playing today in conjunction with what we just were talking about, Austin music network's nomination for an ace award for their hodgers and hammerhead show on which ray wylie hubbard has appeared, we are very honored to have you here today. Folks, ray wylie hubbard. [Applause]

>> while he's doing that, let me proper clear and accurate april 30th, 1998 as ray wylie hubbard day in Austin, call on all citizens to join me in recognizing the many outstanding contributions by the local music community to the development of Austin's social, economic and cultural university and in recognizing the dedicated efforts of art tises which further Austin's status at the live music capitol of the world. Ladies and gentlemen, ray wylie hubbard.

>> Thank you very much. I would like to do a gospel tune, but it's also kind of a honky tonk gospel tune, I can't get too far away from that. I want to thank you very, very much, especially the Mayor, the City Council, the Austin music network and Bill and freddie. This -- the Austin music network, I really think, provides -- such a thirst for this type of music out there. And you can't get it everywhere. And I am glad to be a part of it. This is a song called when she sang amazing grace. ( (Music)
singing (Music)
(Music)
) [applause]

>> I am going to be at the saxon public and cactus cafe, I don't know the exact dates

>> we will be looking for you. Thank you. [Applause]

>>Mayor Watson: if you would please rise and join news our invocation which will be led today by pastor David perez of the victory chapel of Austin. I am assuming he is here. Hang on one second.

>>Mayor Watson: ail call to order the Austin City Council for a regular meeting, april 30th, City Council chambers, first item on the agenda is approval of minutes from the regular meeting of april 15th and 16th, 1998. Taking those up will be postponed. Second item on the agenda is general citizen communications, first three speakers of greg erickson, kenneth schnieder and John mcMillan. Greg erickson? greg erickson? Mr. Erickson? kenneth schnieder. Welcome, Mr. Schnieder, you will be followed by John mcMillan and then bernard robinson. Please come forward.

>> I have never done anything like this before.

>>Mayor Watson: are you Mr. Schnieder.

>> I have some stuff here for you all. They are both the same. Heres -- here's another one. There are two papers there. I found those out yesterday. I am kenneth schnieder, live at 3306 north ridge, we have a very serious problems, we've been fighting it for 18 years for 18 months. Under a doctor's care, everything, trying to get out from under the sewer and everything. That's sewer in them pictures, not water, but sewer. They have areas out there that look like a septic tank. We need water and sewer. They have a statement in there showing it had oil inside our water. And we got a community well. We have private wells out there that's pure sewer. People drink that water. We can't breathe out there. I have the same problem, scaling, everything else on my face, I am on the corner, everything meets right there on my side. The ditches always got water in them, roads water in them. I tried everything. We need urgent need. I think we are being discriminated against, we are minorities. More spanish than anybody. It's a cheap neighborhood, nobody wants us, I've been to round rock, Austin, vef a -- we have a very serious problem. We used to be in the City of Austin back in '85 and in '9they dropped us, they say we put a petition up, we did, somebody did put a petition up, I found that. Faxed it to me, I didn't know anything about it. My name is on it apparently I have seened -- signed it. We paid tax, we don't get nothing, period. Seemed so easy to put something like that there and get out, if they want to get out of it bad enough, but we need to be in the City because we got serious problems out there, they have got to be addressed one way or the other, I don't know what else to do except bring it to the public and everything, which I am. I am thinking about getting on sstv and everything, letting everybody know bit. There's going to be people dying out there. Seven deaths since this has been started and we don't have anything documented showing exactly what it is causing it, but we have people moving out of the area with scabies, herpes -- I mean all kind of stuff, it's just a serious problem. The doctor told me that the humidity out there, the pollution out there, is what's causing us coughing and flaking on our face and everything. My wife is home in bed right now sick. You can call that doctor and he will tell you exactly what it is. And -- and the culpepper said he was going to call you, all they are doing is passing the buck back and forth. Passing back and forth. We have matters out there, we probably could get something done, we have crawdads that big with big stuff, but we don't have no salamanders so nobody cares about it. I would like to get a lawyer, I might have a get a lawyer, but I think we are being discriminated against, because we don't have no $100,000 houses, $200,000 houses, we don't have salamanders out there, washing machines or anything like that.

>>Garcia: are you in travis county?

>> we are in both, Williamson and travis.

>>Garcia: okay. Traffic health department ought to --

>> they know all about us. [Inaudible].

>>Mayor Watson: as Mr. Schnieder points out, north ridge acres was par of the City of Austin and the neighbors, including Mr. Schnieder, petitioned to be removed from the City of Austin.

>> Four years later.

>>Mayor Watson: I understand that, sir. And after problems arose, now they are saying they want to be inside the City of Austin, it's one of those difficult situations. We really appreciate you coming down and sharing it with us.

>> The nearest hookup from the town, from a City that they have to really give us services out there, urgent need problem, they really have to come out there and put the stuff in. I did find that part of it out.

>>Mayor Watson: thank you for being here.

>>Slusher: I would like to -- I would like to -- that way, sir.

>>Mayor Watson: they will be passed down.

>>Slusher: Mayor, as Mr. Schnieder said, the health department, City, county, county health department is where this -- is aware of this situation, but I would like to have a report what -- on the severity of the problem in the area and what the health department can do about it and also --.

>>Mayor Watson: I agree.

>>Slusher: I know the City doesn't have responsibility here since it's not in the city. That doesn't mean we shouldn't care about it. Also travis what powers travis county has to deal with this. I would be interested in that, Williamson as well since it straddles the county line. The City, I believe, would be interested in helping solve any problems in the region, but as the Mayor noted I would like to follow-up on that, that this area was in the City and petitioned to get out of the City. So I think the -- let's say that -- to say that there's charges of discrimination being leveled at the City because we won't annex this area or haven't annexed it, I think that's a little absurd when the folks in the subdivision petitioned to get out of the City and the City granted that wish in a very democratic manner.

>>Mayor Watson: thank you, John mcMillan?

>> thank you, Mr. Mayor. I'm John mcMillan, president of the progressive proper picture ist region, a democratic socialist law enforced the phone no. 30 5-4599. I'm here today to propose the city of Austin approve one or more restrictions upon the tattooing industry here in town. Among those proposed restrictions being either a permanent ban on the establishment of any additional tattooing parlor anywhere in the City of Austin, there being currently 22 state licensed tattooing parlors in Austin or a complete ban on tattooing anywhere in the City of Austin. As the City of new york did for several decades by the way until 1997 and as the City of san antonio currently does officially in its municipal laws. Completely bans tattooing in san antonio. Or a third option a new requirement that the City of Austin must approve the licensing of each prospective tattooist on an individual basis before he's allowed to practice tattooing in a tattoo parole in Austin. Or concurrently a new ordinance that would range from 18 to 21 the minimum age at which an individual is allowed to be given a tattoo in Austin. At present the societal cost to our City from having no regulations whatsoever that are municipal in nature on the tattooing industry are quite considerable. And that's in contrast, by the way, to the City of el paso, which has regulations more extensive than the state law on tattooing and san antonio as I mentioned before and I am told that dallas for that matter reportedly has a municipal law that their that has imposed on ban on the establishment of any additional tattooing parlor there. Among the societal costs to Austin are the fact that we have a frivolous service in town, a distortion of our economy through the tattooing industry. It has a very toxic effect on our City. A wastefulness of ink and meltses for one thing, not to mention the aesthetic caliber of the human beings in Austin in theirself imposed defacement of their bodies. As well as long-term emotional damage to people who allow this to happen to themselves, as well as possible language disturb term medical damage as reported in this letter to the editor of the new england journal of medicine, 1992, letter to the editor of that publication. This is mentioned in my letter to you all dated april 28th. Also I would like to point out that tattoos under mine our stay's commitment to law enforcement and to law abiding content. Author of the 1997 book prison tattoos points this out.

>>Mayor Watson: thank you.

>> Thank you.

>> Bernard robinson. Bernard robinson? bernard robinson. Dick kallerman? followed by richard install ton and then Gus pena. Richard nknowlton.

>> Earlier Mr. Schnieder talked about an ill in our area that's not being treated. I would like to treat about an ill that's being incorrectly treated. We have a problem with traffic congestion that you are all aware of and we are trying to solve it by adding road space, new roads, new highways. Unfortunately there is almost unlimited demand for road space, so when you add a few square feet, you get -- just get a few more automobiles out there. There -- there's a lot of reasons why there's unlimited demand in this country, the major one is the fact that we massiving support by subsidizes the price of gasoline. One morning last week I was sitting bumper to bumper on our brand new highway, 183 in north Austin, only a few years old, by the way when you are parked up there, the view is very good. [Laughter]. A couple of centuries ago, most illnesses were attempted to be cured by blood letting. And some were observe vantd people found very quickly that -- observant people found their patients weren't getting any better, they were dying. It took about 100 years for that practice to go out of fashion. So bad habits die very slowly. More road aren't any cure for the problem, they just add more problems of their own. So what is the cure for congestion on our roads? what do I have to propose? we should use the money we have for -- to repair the roads we have and to maintain the roads we have. We certainly have a very extensive system of roadways, the money we have left we should put into alternative transportation to the single occupant vehicle so that people will have something to fall back on. It could be burnet at north land, more lanes on lamar, our new 89 mile freeway east of the City. So I would just like to say that adding roadways and adding highways ain't smart growth. Thank you. Nature thank you, Mr. Kallerman.

>> Richard knowlton. Richard knowlton. Mr. Knowlton? Gus pena? followed by dave schroeder. And stace alfstad.

>>Pena: good afternoon, Mayor, Council members, Gus pena, president of East Austin concerned hispanics, yesterday we had a historical event occur at a meeting that was responsed by East Austin concerned hispanics that was attended by people from onion creek, circle c, East Austin quadrant and northEast Austin, saint John's, central east Austin, residents from southEast Austin, montopolis, residents from central south Austin, southwest Austin, oak hill, northwest Austin and north Austin. This meeting was held to address common causes, common concerns, common issues such as lack of accountability by the City Council, lack of respect, lack of attention to concerns from these different geographical areas. We discussed issues such as crime, juvenile crime, the environment, jobs, job training, jobs for our youth during the summer, affordable housing, bilingual programs, downtown revitalization, quality of life in Austin, affordable child care, street repair, domestic violence, et cetera. What all knevil about was this: that this group is demanding accountability, respect and communication from the City Council. They all feel that this is not -- has not been occurring. This is not in the best interests of the public. Taxpayers, you pay taxes, also. We all pay taxes. But you control the strings over here. These decisions have to be made in the best interests of the public. Not in what is the best interests of the staff or staff thinks is the best interest of the public. Staff does not evidently attend or even get some services from the health clinics, staff does not even know what's transpiring among the City agencies. That is a no-no. These people from circle c demand respect, demand accountability from the City Council. They did not ask to be annexed. I think it's about time as they stated last united that they get respect from the City Council. This is counter productive to any kind of lines of communication from the Council to the community. We also -- all these people from all of these areas of the city of Austin are concerned about the conduct and lack of prioritizing issues, unwise spending of our tax dollars, boone dog gels that I call, lack of accountability, lack of accountability, lack of respect by Council members. We elected to meet once a month to be inclusive, not divisive, but work on all issues that concern the residents of the City of Austin, poor people, rich people, lower income, middle income, whatever as long as there are people, they will be heard by this group. And we will address you in front of the City Council regarding these issues. An blow, black, hispanic, asian american, native americans, professionals, blue collar, lower income, middle income, rich people, we all sat down and discussed the problems that we are having that we are encountering at the City of Austin. This has to stop, Mayor. Council members, Mr. City manager, this is not in the best interests interests of the public.

>>Mayor Watson: thank you, Mr. Pena.

>> David schroeder. Followed by stace alfstad. And leonard lyons.

>> Thank for you this opportunity. I am here to talk about the andrews nuke dump. This is up the Colorado. It's in our watershed. And it may end up being america's atomic waste dump. Low level don't be deceived. The filter rosins are deadly. Anything high level, of course, is the fuel rods, but anything else the filter rosins, the control rods, those are all "low level, but they are deadly. It's the difference between dying in five minutes of direct exposure or 10 minutes of direct exposure. Low level death is just as deadly. The andrews nuke dump is private. Like I say it's up the Colorado river watershed way at the very top. This here picture, yeah, this picture shows one of the pits. These are 85 feet deep pits. They are talking about 300 of these gems. On top of the ogalala aquifer, on top of the dachma aquifer. On top of a huge, ancient, deep, precambrian fault which makes the whole area tremor. There's a lot of recorded earthquakes in -- around this site. But like I say, it's private. There's not much oversight. Green peace left town. Who the dickens is to fight it. If it becomes america's nuke dump, Austin could fight it. Let me read something here: the need for an atomic dump is a myth of the atomic industries. The need for nuke dump is a dangerous idea predicated on the continuing poisoning of earth's seed and sky by the atomic waste production cycles not being shut down cold. If we painted our roofs white, we could shut down the atomic plants of Texas, because 70% of our electricity goes to keep things cool. Not only do hundreds of reactors spew global cancers in their daily emissions, not only do the dumps themselves invariably leak with predictable long-term poisoning, but adding transport mishap factors such as human error, alcohol being the legal drug -- let's see, mechanical failure, design Mrau flaws, as tron no, ma'amcal numbers of of -- astronomical shipments, all of them being poisoned, some effectively forever, the andrews nuke dump shares one quality it's my own theory that geeologists have been siting things, radiation producing sites in places where citizens can fight them. Take the super stupid collider that was put on top of the balcones fault zone, when they went to go dig the 8 story underground lab, campus -- campus complex they couldn't find solid rock the same with the sierra blanca. It's just terribly sited. Thanks.

>>Mayor Watson: stace alfstad.

>> Thank for you allowing me this opportunity to participate in a local governing process. I my name is stace alfstad and I am the regional executive director for giving adolescents new goals incorporated or more commonly known as gang. We serve less privileged youth and juvenile dlin questions. We have three branches here in Austin. Delinquents. We have three branches here in Austin. I am here to talk to you about a safety concern we have at our east side branch located at 'em manual united method -- emmanuel methodist church. It's on brushy street. We have an after school tutoring program at this location. Brushy street is a minor one-way street. Even during rush hour there is no significant traffic flow and since we have been there, to my knowledge, no emergency vehicle had used that section of brushy street between second and third to respond to a call. However, on a number of occasions we have witnessed cars driving too fast and sometimes even down the wrong way. The reason why this causes us great concern is that the parking lot which is located across brushy is where the children from our program, the church, and the immediate neighborhood play basketball, volleyball, soccer and football. And they have to cross brushy street to get to the parking lot. While trying to go through the proper channels to get a speed hump, I found out that the program for placing them in dangerous locations has been suspended or terminated. Only a few areas were targeted to receive these safety measures anyway. And at one time going through the process, I was met with an argument active condescending attitude. I believe we can all agree when a concerned citizen is looking out for the welfare of the concern and they meet this attitude there is a problem. I don't blame this person. I blame the system for determining how the safety measures are implemented is antiquated. I am here today to ask you to do two things: first revamp and start the praum again. This time make it more responsive to the concerned citizens who know firsthand what the situation is in a given area. Second: please put a speed hump at 200 brushy street. Please do not wait for a tragedy to happen before you respond. Thank you.

>>Mayor Watson: thank you.

>> Council the program is not suspended, individual to check with the department to find out why this gentleman was told that.

>>Mayor Watson: Mr. Lye John Mr. Lye I don't knows.

>> I appreciate the opportunity to be here, I sincerely do. I have been discussing City policy, I would like to remind you a couple new things that you may not be aware of. Regarding street and road construction, we don't do that anymore. It's the policy that we have -- I call it a kleenex policy. You use it and throw it away, just get a new one. Just before I went on the urban transportation commission a survey was made of the backlog at Public Works and transportation having to do with streets and roads. At that point it was a 300 to $350 million backlog. After spending millions of dollars over these next three, four, five years, our backlog is now in excess of over $400 million. That's far greater than our general fund by a multitude. So I must determine from that that we have a policy of not fixings roads. Why do we have a department, why are we doing it? why don't we call it something else? in relation to that, we have misuse -- to a citizen it appears -- misuse of funding. We have Waller Creek -- excuse me, walnut creek that was the poster child for the drainage fund back when Dr. Urdy was on here with baseball larson, they spear -- bob larson, they spearheaded it, East Austin, fix the urban waterways. They were the poster children. Now we are finally going to fix it, but our drainage fund is going to go up. What happened to the money, it's been used for lawyers, consultants, a whole bunch of other things, but the main thing that it was being touted was walnut creek. It wasn't done. I understand some repairs, but it wasn't fixed. Now we are going to pay for it with an increase in drainage. It really makes no sense to me, I don't really understand it. We are going to buy land out in the west and we are going to pay for it with drainage fees. We are going to have new parks owned by the water and wastewater department. It's mixing and matching. Your body language is not too subtle, Mayor, you are shaking your head no.

>>Mayor Watson: you are wrong.

>> I would really appreciate hearing he -- downtown have to respond to me, I am not asking you to, but I would really appreciate some real conversation about these kinds of issue even if they are non-issues instead of pushing this thing through.

>>Mayor Watson: there's a lot of information out there that apparently you haven't taken the time to read, Mr. Lye I don't knows for you to be stand tlng and saying that land is being bought from the drainage utility just shows that you haven't read what's out there.

>> I says $1.20 per month for your water bill.

>> That's for the walnut creek project.

>> I --

>> it's hard to --

>> it's not a dollar 20 a month for walnut creek.

>> 20 Cents a month.

>> 20 Cents. Correct. 1.20 Per month for the land acquisition.

>> That's for the water and wastewater you'll.

>> I shuffled them up and it knevil out wrong, it's hard to recognize one from the other. Does that really change.

>>Mayor Watson: when you are standing there being as critical as you are --.

>> Does that really change the essence of what I was saying.

>>Slusher: yes.

>> Maybe you can take some time out in the course of a special meeting to explain all of these things, I am easily confused.

>>Mayor Watson: we appreciate you being here, though.

>>Slusher: Mayor I would go ahead and explain a couple of things. First of all, walnut creek is coming out of the drainage fund because it's a drainage project. That's 20 cents a month extra on the bills. The $1.20 that Mr. Lyons was talking about is the amount it would go on a residential water Bill to pay for the prp of 15,000 acres in the barton springs zone and my way of thinking, first of all, that is part of our drinking water supply. It's widely accepted around the country from new york City, arkansas, missouri, these states and cities are buying land to protect their drinking water supply. This saves money on future treatment costs. It saves money that we would be spending to put infrastructure in this area. If it developed a maximum or even heavy urban intensity. I would like to think that public policy should work on more than one level. I think the wisest public policy does. So we are steering development into our desired development zone where -- where regulations allow four times as much impervious cover, meaning more contribution to the tax base, we save on the infrastructure that would be built in that area, it's cheap inventory Bill the infra structure for new development in the desired development zone, in particular in the central City, downtown area, because most of the infrastructure is already there. You don't have to build new water pipes, new streets, we are also providing open space for our citizens as the City grows. I think those are all wise and prudent public policy aspects of this one policy. Thank you. Mayor thank you, Councilmember. At this time we have -- this is kind of a privilege of the city Council, the City of Austin, we have an opportunity to honor someone who has been a part of our community and been a very valuable member of Austin for many years now. And so today I get the honor on behalf of the City Council of recognizing the consequence sul general of Mexico, -- consul general of Mexico, we are going to declare him an honorary citizen of the City of Austin, he has been with us, served this City very well, served this country and his country very well, but he is going to be leaving us soon. And so greetings in the name and by the authority of the city of Austin, to all whom these presents come, know ye that on this date, Roberto masquernaez consul of Mexico is now from all times to come an honorary citizen of the the city of Austin. And as such shall hold and enjoy a place of high esteem in the minds and in the hearts of the citizens of the capital city of Texas. In recognition thereof, he has been presented with this certificate of citizenship. In testimony where was I have fixed my hand and caused the great seal of the City of Austin to be affixed, this the 30th day of april, a.d., 1998, signed by me on behalf of the city Council of Austin, Kirk Watson, Mayor of the City of Austin, general, thank you for all you mean to us.

>> Thank you very much, your honor. [Applause]

>>Garcia: thank you very much, Mayor. Thank you consul general for being here. You know, diplomats and consuls come and go, but what is unique about the consuls is what they do. The legacy that they leave. This consul general in a very short period of time, only three years, left so many things for us and I'm not going to be able to tick them all off, no way, but let me just mention a few. He became a lecturer at the police academy. To talk to the police officers about the rights of mexican nationals and other people that are not u.s. Citizens. He provided to the Council information on international conventions dealing with the right of individuals. He publishes what I think is one of the best news lerttle called the gazette consular, it's so good. The last one has a story on the significance of the cinco de mayo that took me back so that I could go back and rearrange the manner in which I refer to the Cinco de Mayo when I snow people. He initiated and made it possible for us to have international flights from monterrey to Austin. The work of the consul general's office and his office. He himself. He put books, -- books, spanish books in library, in schools, in jails, so that people who need to read in spanish would have those books available. He established the mexican community center. An organization that will serve commuter plane tease in this 23 county areament and last but certainly not least on this list, he gave the City of Austin or he actually didn't give the City of Austin, but he negotiated the gift of a bust of ignacio zaragosa that adorns the zaragosa rec center. He worked with the governor of puelbla and negotiated that gift for us. A gift that will last for century is, we really appreciate all of the work that you have done for our City and we love you for it. [Applause]

>> thank you very much, your honor. Council pro tem, members distinguished members of the Council of Austin. I am, of course, deeply moved, it's difficult for me not only in a foreign language, but in a moment like this to express what I knevil here to say. -- What I came here to say. It's difficult because it doesn't come out of the bottom of my heart, but because it means a turn of a page. Even though I hope a temporary page. In our lives. I want to express my most heart felt thanks to all of my friends in the Council and all of my friends in the City of Austin. We have been, my family and I, very happy here. We have been granted and given the gift of your hospitality, which is warm, is dear, and is deep in our hearts. We part but before leaving I would like to speak in the name of my wife christina, and my childrenest stella, rebecca, Roberto, christina and michelle and thank you and tell you wherever I go, anywhere in the world, mi casi, es su casa. [Applause]

>>Mayor Watson: before we go to the next item on the agenda let me read changes and corrections to the april agenda. Item no. 27, Budget amendment of $1,500,000 to reimburse dell corporation for design and construction of heather wild was not recommended by the planning condition due to a lack of a quorum vote. 4-0-4. Item no. 30, Approval a resolution authorizing fourbt intent to reimburse eligible cost was not rekvue-24ed by the environmental board or the Planning Commission. Item no. 32: Approve an agreement with dell computer corporation should read: for the construction of an 18 inch gravity wastewater maybe and appear purr nenss to provide permanent wastewater service within and so forth. Item no. 39, Approve a letter of intent and a rebate to crescent real estate equity ies limited was recommended by the resource management commission. No. 51, To set a public hearing regarding an amendment to a restrictive covenant for eco map should read: Councilmember Goodman and Mayor Kirk Watson. Although we typically don't need these, die want to note on item no. 64, Which is posted as part of our 4:30 time certain zoning hearings and approval of ordinances and it's typically referred to as the triangle matter, that item I anticipate will be postponed at the time we get to item no. -- To the 4:30 time certain. I -- I want to mention that for those who are watching and may be anticipating that they wanted to come down. I just wanted to make sure that that's said to you now as opposed to waiting until 4:30 when you get down here. Items set for a time certain at 4:30. Zoning items, items 53 through 64 and at 6:00, a public hearing to adopt the 1996 national electcal code with local amendments. Items that are on the consent agenda are 12, 13, 15, 16, 17, 18, 19, 20, 21, 23, --.

>>Lewis: 24 can go back on.

>>Mayor Watson: 24 back on, okay, thank you. 25, -- 29,.

>>Slusher: Mayor, you can put 26 through 28 back on, my questions were answered.

>>Lewis: also 34.

>>Mayor Watson: let me do it this way. Let me call out the items that I think have been pulled and see if we can put them back on. 14, 22, 31, 32.

>> Yeah.

>>Garcia: those can go back on.

>>Lewis: I thought it was 24. 22, Also, Mayor.

>> For maximum confusion, go back to 14 and put that one back on, too. [Laughter].

>>Spelman: I like to see him turn pages, it's fun, isn't it?

>>Mayor Watson: I thought that I was clearing this thing back up.

>>Mayor Watson: 43?

>>Slusher: back on.

>>Mayor Watson: 47. Okay. 47 Keep -- will stay off. Okay. Consent agenda 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, --.

>>Goodman: Mayor. We need to take 45 off.

>>Mayor Watson: okay.

>>Mayor Watson: 46, 48, 49, 50, 51 and 52. I will entertain a motion. The only items that are pulled are 45 and 47. I will entertain a motion.

>>Spelman: move approval.

>>Mayor Watson: motion made by Councilmember Spelman to approve the consent agenda. Seconded by Councilmember Lewis.

>>Spelman: only that we have two items short from an all consent agenda. [Inaudible].

>>Mayor Watson: yeah. I will entertain a motion to recess. [Laughter]. Not that I think it will save time, but it would just be neat to do. We have some people that have signed up to speak. We have a motion and a second on item no. 33, Nancy caster line said she's not speaking unless asked questions. I would keep your head down. [Laughter]. Same thing with joe kickers, not speaking unless asked questions. John pratt on item no. 45. It's been pulled, I apologize, it's been pulled, we will come back to that.

>>Goodman: actually Mayor to put anybody's mind at ease, on 45 I have a fairly amicable amendment to propose.

>>Mayor Watson: okay. We will just come right back to it after we pass the consent agenda. Any further discussion with regard to the consent agenda? hearing none, all those in favor say aye. Opposed say no. Motion carries with the Mayor pro tem off the dias. Back to item no. 45. I'm sorry.

>>Goodman: Mayor?

>>Griffith: Mayor. I see the chairman of the environmental board coming in. Did he just barely miss something he wanted to comment on?

>>Mayor Watson: are you here to speak on something?

>> yes, I talked with Councilmember Griffith earlier I understood one of the items had been pulled from the consent agenda. The $2 million water quality pond for dell. I wanted to speak on that.

>>Mayor Watson: it was back on the consent agenda. You hadn't signed up.

>> I recently request that a Councilmember pulled that for discussion. I can put it under general comments if you like.

>>Mayor Watson: I tell you what, we would have to entertain a motion to reconsider it because it has passed on the consent agenda. Is there a motion to reconsider that item? motion made by Councilmember Griffith, is -- Councilmember Goodman, is there a second?

>>Griffith: second.

>>Mayor Watson: is it items 29 and 30? 31? which item are you moving to -- is it item 30?

>> water quality ponds.

>>Mayor Watson: 29 and 30.

>> 29 And 30.

>> Motion has been made and seconded. Is there a discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries. We will reconsider items 29 and 30 and allow Mr. Avery to --

>> he went out to sign up. To sign a card.

>>Mayor Watson: we will wait until he signs the card. Mr. Avery, come on in, we will let you sign the card later.

>> Thank you for honoring my q.the environmental board has the request for the -- the request for the $2 million quarter quality pont brought before it. Our vote, I can't recall the numbers, but the group, the board agreed that we cannot -- did not have enough information at this time to recommend that project and so that is the heart of our motion. However, upon reflection, I would like to say that I am against approval of this and let me give you the short reason why: the $2 million that they are being credited with is coming out of the drainage utility. The drainage utility is a fund which is being used for a wide variety of needs to improve the water quality throughout the City. We have a backlog of projects that we are unable to get to because we are short on funds. As you know on proposition 2 we are trying to create a -- a fund, $65 million fund for the acquisition of land so we can increase, improve quarter quality through land acquisition, that money will come out of the tax, drainage utility as well. So you can see that's a fund that we would like to go to quite a bit and yet it is greatly short of all of the needs that are placed upon it. Now, if you take the $2 million out of the drainage utility for these ponds and the argument being proposed is that there's an overall benefit to the City of Austin by building dell in the City and that the City will receive revenues through the -- the business being located in the city, then the benefits to the city will come to the general fund and it will no way benefit the -- the drainage utility. And so in essence you are taking money out of the drainage utility fund and putting it into the general fund. So I have a question whether or not this is a philosophically a proper thing to do. Second thing is I have a legal challenge that you may want to consider. The right to take money from the taxpayers of Austin through a tax abatement means that the funds have to be used for the specific purpose for which they are taken from the taxpayers. And if the drainage utility money is being used as a gift to dell computer, then it is not being used to benefit the people of Austin. So that is the summation of my report. Thank you very much.

>> Mayor I would offer one comment on this. Vicki can correct me or toby. The two million is a -- a certificate of obligation backed by the tax rate. It is go debt. And it will be paid back through the debt service fund. At least that's my understanding. So the drainage utility will not be suffering any loss of money in the future as a result of this project.

>>Mayor Watson: another point, Mr. Avery, when you were talking you mentioned that the proposition 2 would come out of the drainage utility and that is not correct. It will be paid for out of water revenue and not the drainage utility.

>> Not a dollar 20 increase.

>> It's in the water. At opposed to the drainage utility.

>> I stand corrected on the revenue. When it was brought before the board, we -- the reason it was brought before the environmental board is it was our understanding that it was coming out of the drainage utility. And that was one of our major reservations, so fits coming out of the general fund and it's not affecting the drainage utility, then I don't see a problem with it.

>> I apologize for that information not being conveyed correctly.

>> Thank you very much.

>>Mayor Watson: thank you, I will entertain a motion with regard to items 29 and 30.

>>Goodman: so move.

>>Mayor Watson: motion made for approval, seconded, any discussion? hearing none, all those in favor say aye., opposed say no., motion carries, items 29 and 30 are approved. That takes us back to item no. 45, I will recognize Councilmember Goodman.

>> I need to ask the applicant for claire nation, -- chrir indication, but originally the request was not for wloco zoning, but I believe was for li that was amended to cs. There you are. In attempt to go ahead with a csco conditional overlay, I have a list of prohibited uses that I believe are signed off on, but I am not clear about the 25 foot buffer. I need to know what you have agreed to so we can have that language, I would propose it then as an amendment for second reading.

>> We are proposing to provide a 25 foot landscape buffer from the north property line where we are adjacent to some multi family use. We are also proposing a 25 foot buffer to the east or the rear property line. We are adjacent to an approved site plan for a mobile home park. To the south we will comply with ordinance requirements, that is an industrial subdivision on that south side. And then, of course, the streets on the west side.

>> The height limitation at 35 feet or two stories.

>> Two stories, yes, ma'am.

>>Goodman: then, Mayor, I would I would like to read these prohibitive uses into the record and offer an amendment of csco, with the following conditions: the prohibited uses are automotive rentals, automotive repair services, automotive sales, automotive washing, blood plasma centers, commercial off street parking, convenience storage, dropoff recycling centers, equipment repair services, equipment sales, indoor entertainment, laundry services, off-site accessory parking, pawn shop services, personal improvement services, restaurant meaning drive in fast food, service stations, vehicle storage, guidance services, residential treatment, transitional housing. Are we okay? is that the right list.

>>?

>> I'm sorry sorry, also it says auto repair facilities, kennels, off-site parking, pawn shop services, auto salvage, fast food, adult oriented business and service stations, we have no problems with excluding these uses as well or in addition to. We were saying two stories. However staff has a problem with two stories because of a definition. 35 Feet is fine.

>> Okay.

>>Goodman: if you can -- I will give this to alice, if alice that that other one, we can get a it all in the language. Okay. Additionally --.

>>Mayor Watson: just for purposes of your motion, or what I anticipate is going to be your motion, read the last -- read what was just said that is also included and the 35 foot part of it because I want to entertain that whole thing as a motion.

>> I haven't gotten to the buffer yet.

>> If you all just want to read off the extra things that I didn't say we will get those in the Mayor's -- kennel.

>> Could you read those again?

>> yes, sir. Auto repair facilities, kennels, off-site access other parking, pawn shops, service -- pawn shop services, auto salvage, fast food drive-in, adult oriented businesses, and service stations.

>>Mayor Watson: thank you.

>>Goodman: so the extra ones that I didn't have are kennels, automotive repair, auto salvage, and adult oriented businesses.

>> And service station.

>> Fast food and service station.

>>Goodman: I had those. Okay. The other part is the applicant agrees to maintain a 25 foot wide landscaped buffer on the north and east property lines and limitation in height of 35 feet.

>>Mayor Watson: okay.

>>Goodman: that's the amendment.

>>Mayor Watson: I will entertain that as a motion to approve item no. 45, Csco with those conditions that have been read by Councilmember Goodman.

>> Second.

>>Mayor Watson: to approve on second reading. On second reading. Seconded by Councilmember Griffith. Is there a discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries on item no. 45 It's approved on second reading. Council at this time --

>> thank you.

>> At this time I would entertain a motion to recess to go into executive session. We will be going into executive session for private consultation with our attorney pursuant to section 551.071 of the Texas government code, to discuss City of Austin versus horse thief hollow ranch limited, et al, in the travis county district court to discuss legal issues related to annexation, invested rights and pursuant to section 551.072 to discuss proposed purchase of land in the drinking water protection zone for quarter quality protection service.

>>Spelman: move.

>>Mayor Watson: counsel made by Councilmember Spelman, seconded by Mayor pro tem to recess. Any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries, we recess for executive session.

Recess

>>Mayor Watson: I'll call the city Council back to order and we'll go to item no. 47. I'll ask the assistant City manager if -- ms. Cattrell. Were you the one that was going to walk us through this ordinance? okay. [Audio problems, please stand by].

>> The difference between this ordinance and the ordinance that was passed on first reading is that it specifically identifies the subdivision plats that are unrecorded that may be permitted to complete their infrastructure construction provided that they meet the same tests that was set out in last week's ordinance. For buildings that are not under construction it identifies specific subdivisions where builders can complete their construction of houses, single family houses or uses permitted in the single family district so long as they get a building permit and subject to the impervious cover limitations based on the size of the lot. The ordinance has a life-span of until december 31st, 2001 and the -- this ordinance excludes -- has deleted those sections that were intended to deal with the mission bethany church situation, and that will be address bid a separate ordinance that will be on the agenda next week.

>>Mayor Watson: I'll entertain a motion with regard to item no. 47?

>> Mayor move approval on second and third reading.

>>Mayor Watson: the motion is made by Councilmember Lewis to approve on second archd third reading is there a second? the second is made by Councilmember Griffith. Is there any discussion? any discussion? yes, Councilmember Slusher?

>>Mayor Watson: I'm not sure your mic's on.

>>Slusher: okay. Could you help me again, I'm sorry? I wanted to find out -- we have some total acreage of circle c is roughly about four thousand acres; is that right?

>> let me also try to find the document you're talking about. Okay. The question that Councilmember Slusher had posed to me earlier was just to give you an understanding of how many acres of land we're talking about would be developed out arrest already developed out -- or developed out, would be developed out in this investing policy, both the ordinance that was passed last week and the one that you are proposing to pass today. And what would be left to be developed under sos standards. This would be in the boundaries. Former southwest Travis County water district. There are four thousand 60061 acres that make up the former boundaries of the southwest Travis County water district. Already built out is about 80018 --819 acres. Under this investing policy, worst case, about 139 acres builds out under prior regulations so total air of area built and area to be built under the policy is 957 acres. Subtract that from 4,661 acres and you come up with about 3,704 acres or virtually three quarters of the property inside those boundary lines will be dropping under current regulations or sos.

>>Slusher: thank you. That does answer my question, Mayor,. And there's been some reports in the press that I think basically nothing quite captured the flavor of what's happening here and so I want thed to point out that what the City is doing here is, as we said during the annexations, we're going to do them right, we're going to be reasonable and fair, so we're allowing to proceed under the regulations in place when they began building aew subdivisions that have begun construction and meet our criteria for krg done so. We're not easing any of our restrictions, we're granted vested rights for projects already under construction in a way that's consistent with your is 1704 ordinance that we passed last year. As she pointed out, in circle c in particular over the edwards aquifer recharge zone, that area is 4,661 acres, under 818 already built out. At the most another 139 would be built under non-sos regulations. That's all single family development and so we have 3,704 acres of the 4600 in circle c that will now be under the sos ordinance and at the same time we're being fair and reasonable to the folks who have purchased homes already in subdivisions and to the folks who already have their subdivisions under construction and have committed a significant amount of funds for that to meet the city's criteria. Thank you very much.

>>Mayor Watson: thank you. Any further discussion. Councilmember Lewis Councilmember Spelman? spell spl let me look at the percentages and add more to what darrell said, all of which I think is exactly right. What we're talking about today is 3% of circle c. That's it. And that is the worst case analysis from the developer's point of view it's possibly the best case analysis. That is the most that would be developed under this ordinance is 3% of circle c and that leaves almost 80% of circle c. Eight out of every 10 would be subject to the sos ordinance. So we're really not talking about a large percentage here at all. Mayor ma any further discussion? hearing none, all those in favor say aye.? opposed say no. Motion carries on a vote to seven to zero on item no. 47. That takes us to our 4:30 time certain. I'll recognize ms. Glasgow. And ms. Glasgow, would you please just in case there are people -- and I believe there are people here in the -- I'm sorry. I'll let you do your part. I decided to jump ahead of you. I don't think I need to. Please go ahead.

>> Good afternoon. I'm alice glasgow, City staff to present zoning cases this afternoon. We'll start off with item no. 53, Case no. C-14-97155 there has been a request from the cherry creek southwest neighborhood association to postpone this case to june the fourth. They had a meeting with staff and they're in a learning mode. They learned more about what zoning means and what they might contribute to this process and they're requesting a postponement to june the fourth so they can continue a dialogue with their surrounding neighborhood and the developer. So that's why they need additional time so continue their dialogue and hopefully come forth with a recommendation that is agreeable to all parties. Item no. 54, This is case no. C 1497156 cherry creek no. 10. This zoning case is a result of the annexation agreements that were made at the hearings. The neighborhood association is happy with the proposed zoning, with one adjustment to the zoning. The tract that is shown in red on the map in front of you, both the applicant -- the property owner, since we're the applicants, and the neighborhood have agreed to zone that piece of property lo limited office instead of lr, which stands for neighborhood commercial. The tract in red that would like to change the zoning to lo limited office instead of lr and go owe by consent on first reading as recommended by the Planning Commission. The next consent items, items 58 on, I skipped --.

>>Mayor Watson: I apologize. Please go back to 54 with me and tell me again what you just said about the agreement on the first reading. I think I must have spaced out.

>> This is really the first public hearing. The Planning Commission has recommended to you to rezone the properties as shown, you have single family in yellow and then all of the other zoning p public in purple. Pink for office zoning and the red is what is being proposed for a change. All parties agreed to what the Planning Commission recommended except for the red tract, the tract in red. They would request that you zone that to lo limited office. That is the only change that they would make to the Planning Commission recommendations. Is that clearer?

>>Mayor Watson: I guess so. And we'll discuss what --.

>>Lewis: what is the planning commission's recommendation?

>> it was for lr, which stands for neighborhood commercial. It was a more permissive intense active zoning. It's a retail zoning district. They would like to have office zoning. And the owner of the property agrees to the change.

>>Mayor Watson: it's tract 2.

>> That's correct. And at the bottom of the agenda it shows lr for that tract: any more questions on that one?

>>Mayor Watson: thank you.

>> You're welcome. Items 55 and 56 and 57 will be discussion items. Item no. 58 Is c 14-98-8. This case is located at 1503 matthews lane and the change to single family one. The Planning Commission recommends that request to you and in this case is ready on first reading. Item no. 59 Located at 2256 east riverside drive. The rezoning change it from gr, which stands for community commercial to w-lo which stands for warehouse limited office. The Planning Commission recommended that rezoning request and this case is ready for all three readings. Item 60, located at the intersection of City park road and fm 2222, the property zoned development reserve and the request is to zone the property rural residential. This is a case that is initiated by the City of Austin to bring the property into conformance to the way it is platted. This case is ready for all three readings. Item 61 located at 6410 mcneil road. The request is from interim rural residence to gr community commercial. The Planning Commission recommendation is to grant the request with a conditional overlay and the case is ready for all three readings. Item no. 62 Located at 7509 manchaca road. The request is from single family three to limited office and wlo warehouse limited office. The Planning Commission recommendation is to grant limited office with a conditional overlay for tract 1 and warehouse limited office conditional overlay for tract 2 with several conditions. This case is ready for first reading. Item 63, located at 301 east howard lane. The request is from limited industrial services to limited industrial with a planned development agreement, and this case is recommended to you by the Planning Commission for limited industrial with a pda, planned development agreement, and the case is ready for all three readings. Item no. 64 Is the case referred to as the triangle as announced earlier by the Mayor that there was an intent to postpone this case for one week, I assume, to may the seventh, and that's what I'm offering a postponement to may the 7th as announced earlier. This concludes the zoning cases on consent.

>>Mayor Watson: ms. Glasgow, as I understand it, item no. 53 Would be a consent item to postpone until fun 4th. Item 54 would be a discussion item. Fum 55, 56, 57 discussion. 58, Consent on first reading only. 59, Consent on three readings. 60, Consent on lead readings. 62, Consent first reading only. And item no. 64 Would be for a postponement of one week until may 7th.

>> One correction. Item 54 was consent on first reading with a change for tract 2.

>>Mayor Watson: I've got two people signed upped against, so let me check real quick. Jeffrey King? jeffrey King? are you Mr. King? it's like an auction. If you move after I call out a name, you have to talk. Actually, you've bought a very large piece of property. [Laughter]. He had fitzgerald? ed fitzgerald?

>> I have no comment.

>>Mayor Watson: I understand. So you consent to a first reading? okay. Very good. Thank you. Then item no. 54 Will be consent on first reading only. Okay. The consent agenda, 54 on first reading, 58 on first reading, 59 all three, 60 all three, 61 all three, 62 first reading, 63 all three, 64 postponement of one week until may 7th and 53 a postponement until june fourth. Motion is made by Councilmember Spelman to approve. Is there a second? seconded by Councilmember Griffith. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries. That takes us back to item no. 55. Ms. Glasgow?

>> Mayor, on item no. 55 And also 56, you heard them the ninth of april concurrently and what you requested at that time was to delay action to today so you could hear from on -- at least get a report back as to whether the board concurs with the requested rezoning and also hear from the neighborhood association regarding the master plan for this area. I will just step back and await to hear questions and at least hear the presentation from the applicant.

>>Mayor Watson: all right.

>> Thank you, Mayor and Council. My name is ms. Hainze and I work with the skip program. Pursuant to your request we did take this item before the ara board of directors last saturday at their regular meeting and we do have for you, ms. Doud is passing out to you copies of a resolution passed unanimously by the ara board on last saturday in support of town homes in the locations that we are proposing as well as the requested zoning change that is before you today for second and third readings. As you know, the ara board of directors today is composed of all surrounding neighborhoods affected by the ara revitalization efforts. All of the neighborhoods again were supportive by virtue of their unanimous vote for the project that is before you today. With respect to the person conducting the consultant -- the consultant conducting the master planning owe process, that individual is not here today, however, did give word through the ara staff that the town homes would be consistent with the planning process that he's involved in. The consultant is out of state and we did speak to him and he is saying that it would be consistent. I'm sorry, I don't have anything in writing from him today on that. I thought I might get it before the Council meeting, but I did not receive it, but did -- we did speak to the staff about that and he did indicate no problem, no conflict with the town homes as proposed. I'll be happy to answer any questions that you might have.

>>Mayor Watson: anybody have any questions of ms. Hainze? Councilmember Goodman?

>>Goodman: knowing what kind of position you were in couldn't they have made a phone call or fax something to us?

>> Councilmember, I wish they would have, but all we could do was ask for that. And we did.

>>Mayor Watson: any additional questions or comments? Councilmember Lewis?

>>.

>>Lewis: not for ms. Hainze. On this item -- well, it's not this particular item, but one of the things that we had asked for in the december 12th meeting was from the -- the skip organization was information concerning houses that was available for ren no vision and ones that would -- en novation and ones that would meet the his tore kel renovation. And the City Manager had said that he would get that information, but I received some information today, I guess from the development corporation. I still hadn't received anything from staff with a number of houses listed. It seems a little ridiculous that we got things zoned at that time that we're on the dias without having time to check it out. I would wish the City Manager would get us something, some report concerning that and what the intentions are because if we don't -- if we don't find out soon, once the houses are demolished and then it's too late to -- the information is something that's insignificant. So I was watching the tape from november -- december 11th and the City Manager acknowledged the fact that he understood what the instructions was. And I have that tape, too, if you want to watch it.

>> We'll try to get you the information and we have several people here that can pull off and talk with you. Greg, do you have something you can add?

>> my name is greg smith, I'm with the neighborhood housing community development office. We've received that report today as well. We haven't had an opportunity to review it to give you any feedback on it, but that was asked in the past -- asked of the development corporation to provide that to us and again, we just received that today.

>>Lewis: it seems awful strange that we can get things at the 11th hour and without having time -- adequate time to review them. So I'll be talking to the other members of the Council items that come to us on indict as we just postpone them for at least a week to have time to review them from now on. Thank you, Mayor.

>>Mayor Watson: thank you. Councilmember Spelman?

>>Spelman: I'd like to ask Mr. Smith a question or two, if I could. I'm appreciative of Mr. -- Councilmember Lewis's concern about getting things at the last minute. I want to make sure we got all the information we've got is on the table now. The ara board has unanimously agreed with putting town homes on 12th street; is that correct?

>> that's correct. I was at the board meeting saturday and it was a unanimous vote by the board.

>>Spelman: and the unanimous vote, no extensions, nobody objected, everybody is in taifer of it.

>> That's correct.

>>Spelman: we've got all the neighborhoods that are surrounding 12th street are in favor of the project?

>> that's correct. The majority of them, probably all of them, if I recall, were at that board meeting this past saturday.

>>Spelman: and they're all represented on the ara board? they were there voting and in favor?

>> that's correct.

>>Spelman: we've got the plan thaer ara has got to help them with the project is on board.

>> He's on board too.

>>Spelman: is anybody against this that uf heard of?

>> that I've heard of, the only comment at the board meeting that was made was not necessarily the decision that the board had just made, but that the community planning committee that is working with the consultant in developing that master plan, they had discussions that morning about how things should take place in the area and -- and he made a comment that some of the decisions they made early early that morning -- let me just back up. -- In the afternoon they had the board meeting. So his comment was that -- they need to develop a system or a process, if you will, to ensure that what discussions take place with the community planning Council is forwarded to the board so they understand what decisions are being made.

>>Spelman: that's a good idea. Are we going to be able to implement that. Whose job would it be to implement that?

>> that would be the ara staff in coordinating and making sure what decisions that the cpc would make that is forwarded to the ara board.

>>Spelman: okay. Great. Thank you very much. Mayor, I move approval.

>>Mayor Watson: are you moving approval of 5655, 56 and 57?

>>Spelman: I forgot it went all the way to 57.

>>Mayor Watson: motion is made to approve items 55 and 56 by Councilmember Spelman. Seconded by Councilmember Slusher. Is there any discussion? hearing none, all those in favor say aye. All those opposed say no. Motion carries on a vote of seven to zero. That takes us to item no. 57.

>> Mayor and Councilmembers, the next discussion item is item no. 57. This case is located at 8036 us highway 290. The request is from interim you recall residence to cs, which stands for general commercial services. The planning recommendation commission recommendation was to grant community commercial conditional overlay with conditions. The applicant, I understand, would like to speak to that recommendation and I will just very briefly state that this property was part of the oak hill area that we annexed in the mid 80's and this particular property was not permanently zoned and I believe it's because they had been -- there had been some intent to pursue zoning individually, but did not finally get concluded and today there is a need to rezone the property which is currently used to park vehicles which come dates storage of materials associated with construction -- construction business of the owner is currently embarking orx but there's also a residence on the site. The applicant will offer his comments and I'll be glad to subpoena respond to questions after his comments.

>>Mayor Watson: you'll have five minutes if you need it. Let me ask, why is this -- maybe I missed what you were saying. Why is this not on consent?

>> because the applicant would like to speak against the Planning Commission recommendation.

>> Mayor, I'm representing William fowler. This property is about a mile west of the y in oak hill. This is on the north side of the road. My client obtained that property about 1996. It's got a residence on it, a couple of outbuildings. It has got an eight foot chain length fence around it. The history of the property is that it used to be a lumberyard -- owe cedar lumberyard and after that it was used as a residence for a gentleman who also had a remodeling business. My client is currently renting out the residence and desires to use the outbuildings and the rest of the property to store his equipment for his construction business in the evens. Unfortunately, the current go, which suits his future needs, which he would like to hold on to the property and develop it as an office building in later years, doesn't meet his current needs, which is he wants a construction services use for that property. That is only available under a cs use. Now, we have Written ms. Glasgow since the planning commission and said, well, look, we're really willing to limit our cs use just to construction services and have all the other go uses subject to the conditional overlay that has been staff recommended. So the only thing we need above the go and the staff recommendation is that construction services use and we're willing to limit it to that. And any reasonable limitation. If Councilmembers have any questions, we'd be more than happy to address it. One of the things we'd like to point out, though, if you look at the area immediately to the north, it's already commercial services on the property -- two properties immediately to the north. And immediately to the south, that's county property and it's outside of the limited purpose annexation. We believe that in later years this property will be a long corridor where there will be light office and general office use and also probably going to be some commercial services out there, but again, my client's only desire at this point in time is to have the go use subject to single overlay and to have the construction services. During the day there's virtually no equipment on the property. At night when they go to store there, it was just an opportunity with that eight foot fence he stores a van, a couple of pickup trucks and a dump truck out there, but he needs a construction services even to do that.

>>Garcia: thank you.

>>Slusher: why is it -- explain to me again why you don't want the planning commission recommendation?

>> the Planning Commission recommendation, we do want that, at least the go, but the go doesn't get us to the construction services which he currently would like to use it for.

>>Slusher: so what do you need for that?

>> we need the cs use, commercial services. But again, we're willing to limit it on an overlay to just the construction services part of it with the omission of everything else. He doesn't want the cs for unlimited use. He just wants it for his current use as a construction services storage of his construction equipment.

>>Slusher: okay. And what about the planning commission's requirement that it be under the sos ordinance?

>> well, I don't know if we're going to have a lot of choice on that.

>>Slusher: that what's the impervious cover on there now?

>> I don't know if it's in the report. The only -- we've got about a little over three acres. I'd say there's probably about an 1800 square foot house on it. There's a small garage which is probably about 500 square foot and I believe except for a little pad in front of the garage, the rest of it a r. Is a dirt driveway and there's probably a pole barn in the back that's about 20 by 60. 15 By 25. And that was existing on the pro when we acquired it.

>>Slusher: and the cs, that's just to keep the current use?

>> keep the current use, which would allow him to keep his construction equipment there in the evens and on weekends when they're not using it. During the day it's out in the field. Slush thank you. That's all my questions?

>>Garcia: further questions?

>>Goodman: I understand, maybe not being told what the zoning was, but when you acquire a piece of property, don't they have to give you some documentation that tells you, you are in the City limits? isn't that the address that goes with the metes and bounds?

>> no. Unfortunately this was acquired through a foreclosure, a bid on the courthouse steps, so we weren't provided that information.

>>Goodman: okay. It seems an incredible oversight.

>> There's no requirement for that kind of disclosure and when the tax records were run, of course, it doesn't reflect that -- since it's limited purpose, it wouldn't reflect the tax records.

>>Goodman: it seems very odd it was limited purpose annexed in 1980. It seems very odd that whoever was in charge of bidding and handing over documentation of sale didn't have anything that said it was within the City since it had been for all those years.

>> Well, I think '85 or '86 is when it came in.

>>Goodman: according to ours it's mid '80's.

>> But as far as the foreclosure is concerned, the only thing that you really get is the note, the deed of trust reference and a description of the property. You really don't get anything more than that. I moon, if you really have seen a notice of foreclosure, they're pretty constant. They're not required to make any such disclosure because it's not that type of sale. It's not the same that you and I would go down to the title company and close where all that information would be disclosed.

>>Goodman: so you don't find that out until much later?

>> right. It wasn't found out until afterwards and, as a matter of fact, it was when my client had an inspector show up and he said by the way, you're in the City and you have a problem. And we believe the fire department came out because they were concerned about a fuel storage tank out there which has been removed just to, you know, keep the problem away. If they had a problem with the tank, even though it complied with the requirements in the city, we just figured if that's a problem, it's gone. We want to do everything we can to cooperate with the City, but we'd sure like to have that property used for that construction service.

>>Goodman: had you all talked to the Planning Commission about any kind of roll back provision?

>> grandfathering?

>>Goodman: roll back for when this use creases. You said that his -- ceases. You said it would meet go zoning but you need cs. Did you talk about a role back upon changing the use from this -- whatever you're doing to do, the lumber or the building supply, whatever, to the go use?

>> that subject never came up, no.

>>Goodman: well, it's a mechanism we use on occasion and it might make this a little easier if we pretty much restrict this cs to the use that you have that rirs cs with the roll back provisions that upon change of that use it rolls to general office instead of commercial services.

>> My client doesn't seem to have any problem with the roll back since his ultimate use is going to be general office we've got rumors that there's going to be some medical complex put out in that general area and his future plans are to put, you know -- when that develops out there is to put a small office complex up there for doctors or whatever else he can service from there.

>>Goodman: thank you very much.

>>Lewis: I have one question. You say you bought this on a foreclosure?

>> yes.

>>Lewis: is this the first piece of property your client bought on foreclosure?

>> I believe it is.

>>Lewis: and with foreclosures, everyone will tell you you need to go and check the records and make sure there's no further encumbrance on it because you wind up buying something that, you know, have some encumbrance on it that you accept when you buy it. So that's one of the things that I found out about buying foreclosure property.

>> This is not -- unfortunately, Councilmember Lewis, this was not the kind of thing that would normally pop up in doing a foreclosure examination. One usually looks at title to see what are the liens out there or what the address is and whether it was in the City, but because of the taxing authority not reflecting it because of the limited purpose annexation, it isn't taxable, doesn't make that property tax able in the City of Austin, there was a presumption that it was outside the City limits. And, of course, when you drive out there, the sthriment sign are on -- are closer to the city than that property. So it appeared at the time that the property was outside the City limits.

>>Garcia: any more questions?

>>Spelman: I just want to be sure I have a clear idea of what it is your client is proposing to do that would not be allowed under gr-zoning. What is your client going to do here, store some vehicles.

>> What he does is run an excavation company. The equipment on the field and moves from job site to job site. In the evening his crews come back and develop the trucks and the van and the dump truck off and I think he keeps a gooseneck trailer there and a hydro mul cher. In the garage he would store pipe fittings and those type of things and essentially that's what he's using it for. They're not there during the day. It's in the even and on weekends where he needs a place to store it. Because of the eight foot chain length fence that the property came with, it makes it ideal to secure that type of equipment.

>>Spelman: so we're talk being overnight storage of vehicles and equipment, but you wouldn't actually be running the business out of the this lot?

>> no. The business is actually run out of an office on bee caves road.

>>Spelman: okay. There was a mention in the Planning Commission's discussion of the case that there were not below ground, but above ground fuel tanks. Those have been removed.

>> Those have been removed. As soon as there was any type of problem, we just got rid of them.

>>Spelman: it seems like you're asking really for more than you need. All you need is a leave to store vehicles and equipment. And you really don't need cs zoning to do that, do you?

>> well, when I was talking Mr. Gonzales, that was the impression that we left with that we needed the cs because of the construction services. If there's something that this Council can think of to formulate the use or ms. Glasgow, we'd be more than happy to discuss it and see -- as long as it fits our current needs, the go would be fine as long as we can use it for the current construction equipment storage.

>>Spelman: okay. Thank you.

>>Garcia: alice, can you address that issue?

>> I'd like to clarify. Through a complaint a citation was issued for an illegal use. The use was created after annexation, which means it was not existing prior to annexation, therefore it was a nonconforming use and in order to bring it into conformance, the appropriate zoning for it would be cs. That cs would allow for the storage of vehicles that are associated with construction business, but they're stored on site for that purpose. And under our zoning definitions and category falls under what we call construction sales and services category, so what I hear the applicant requesting is to allow him to have just that one use under cs, but he needs to be zoned cs and he's offering to be limited to only those uses that are permitted under in a general office -- general office district in order to allow office uses in the future as he redevelops the site. That's what he's asking for. The Planning Commission and staff recommendation was for gr, general community commercial services prohibiting certain uses, and he would be comfortable with those use prohibitions as long as it was zoned cs. So his goal is to have cs zoning to have a conforming use.

>>Spelman: so it would not be permissible for us to zone this gr-co? I'm showing gr, not go.

>> The Planning Commission recommendation of that of staff is to zone it gr-co. We realize and understand the dilemma he's in but the use was created after annexation, but we felt like the appropriate zoning was gr.

>>Spelman: so would it be permissible for us to zone it gr with a conditional overlay prohibiting auto sales, auto rentals and so on?

>>Garcia: let me interrupt for just a minute. The reason is that there's one more speaker. We can have him speak and then close the public hearing and then we'll goe to questions for alice. Is that appropriate?

>> that's perfectly all right. Thank you.

>>Garcia: Mr. William powell.

>> I'm the owner of the property and the only reason that I have signed up to speak so in case y'all had questions that you liked to ask me that I would be available, but I have really nothing else to add.

>>Garcia: well, we'll allow questions to you in this interval, Councilmember Spelman, he is asking for questions now, so maybe you could talk to him during this incident ter value and then we go back to alice after we close the public hearing.

>>Spelman: fair enough. Since you're telling me to ask questions, I'll think of one. You're not proposing to actually run your excavation business out of the this lot. You're just proposing to use this as a place to store vehicles and equipment; is that correct?

>> that's correct. My office is for the excavation company are actually located on bee caves road in westlake hills. What we do do is my crews meet there at 7:00 o'clock in the morning and they're dispatched there and then they bring the trucks back at night, generally around 5:00 o'clock, and leave.

>>Spelman: that's all I need to know. Thank you.

>>Goodman: and the reason we've been talking about go is because that's what you see as the future use for that site, the category that you need in the future, you think?

>> yes, ma'am. It's our understanding that a hospital complex has bought the property across the road and at some point in time I think that that would be an ideal place for doctor's offices and maybe a small pharmacy or an optical office or something like that. So that's the long-term game plan, but right now we have a rental house on the property and it's where we run our construction company basically just leave the equipment for the weekends and for the evenings.

>>Garcia: okay. Thank you very much. Councilmember Slusher has a question.

>>Slusher: sir, tell me about the situation with the fuel tanks have been removed?

>> when we were -- when we first took over the property, we did not know that it was due to the circumstances of the foreclosure, we did not know it was in the extra tear tore yal jurisdiction. I had richards oil company come and put external fuel tanks on stands out there and we had -- they were disease he will fuel. It was not gasoline. And the fire marshal came out and had a discussion with us and said that they felt that that was a major problem and I immediately called the oil company and the fire marshal told us it would be fine that if we emptied the fuel tanks first, used it over the next week to put into the tanks to go to the equipment, that would be fine with them. And we immediately emptied the tanks and had the fuel tanks removed at that point in time. As soon as we were put on notice that it was a problem, we fixed it.

>>Slusher: do you do any fueling at all there now?

>> no, sir, we do not. I have a small fuel tank in the back of two pickup trucks and we go out to the fuel company and fuel there and take it out to our tracters. But there's no fuel storage at all on the property.

>>Slusher: okay. Thank you.

>>Garcia: further questions for Mr. Fowler? thank you. Close the public hearing? motion to close the public hearing seconded by Councilmember Slusher. Motion made by Councilmember Spelman. All those in favor say aye. The public hearing is closed. Now, Councilmember Spelman? or ms. Glasgow?

>>Spelman: let me finish asking the question which I improperly started to ask you before. If this was zoned gr-co, is there a way of putting a conditional overlay on the gr that would permit the uses to which Mr. Fowler is use using the land, but no other cs type uses?

>> no, sir.

>>Spelman: that's not possible?

>> correct. You would have to do to accommodate his use is to zone him cs. Cs is the first zoning district that permits what he is -- what he currently has on site and then you can start paring down those uses that you would like to prohibit under that zoning district.

>>Spelman: that's true even though he's not running the business out of that lot?

>> that's correct. That's the first zoning that allows you to store those vehicles for purpose of conducting the business off site that relates to construction business. The conditional overlay is intended to prohibit uses within a zoning district. It does not allow you to I am prort uses that are not allowed in that district to another district. You can do that with what you did earlier with a pda, planned development combining district, only when you're combining it with li limited industrial. You did that with item 63 earlier. That's the only example in which you can do thachlt you can import uses that are not permitted in the district through that mechanism. I didn't want you to think that we did not have a vehicle to do that. It exists. But it's only in combination with a select few zoning districts. And cs is not one of them.

>>Spelman: I got you. Thank you.

>>Slusher: if it were to go to, say, cs with -- could you do it with that one use and it would roll back if it became another use?

>> what I would recommend in order not to the property keep coming back, one use creates a problem, if this use does not work, one does not have the ability to do anything else, what I would offer is if you were to zone it cs, allow the use to also have those uses that are permitted are the in gr or go and also require that there be a roll back to pick a district that you would like it to roll back to should the use that he's proposing cease for more than 90 days.

>>Slusher: and why gr and go. He wants go for the future?

>> gr, community commercial services.

>>Slusher: and under the -- what you just described would be only for parking the vehicles. There could be no fuel loading, in fueling, no fuel storage. And what about things like innocence, changing the oil and that kind of thing? -- maintenance. Repairs.

>> What we're prohibiting right now is automotive sales is prohibited, auto rentals. We would have to prohibit service station is prohibited, so uses that would require a large amount of where you change oil on site are already prohibited under our staff recommendations. We're recommending that with a conditional overlay currently.

>>Slusher: all it would be doing is parking them there.

>> Correct. Currently the proposal is for him to park the vehicles there under that use. In order to ensure that that is the only thing that occurs under that zoning district, you would allow him to have that as the only use under cs and then also allow him to have other uses that are permitted in gr zoning community commercial zoning district. With a conditional overlay. So that way you're taking care of -- his immediate need to make that use legal and then also allowing for flexibility should that use cease and someone else want to have an office, for example, a medical office or a use that you have not prohibited, that can occur without having to come back for a zoning change. However, if you want the cs zoning to go away when the use you've intended for goes away, you would like for something to kick in and have us initiate a roll back to bring to you to remove the commercial services zoning district and have it all back to a different zoning district. And maybe in this case it might be community commercial services, the gr zoning district. That's what you intend to do. You give him a zoning that would accommodate the use that it's at currently, but if that use cease ceases for more than 90 days we initiate a roll back once we're informed of the assess session of the use and also have the ability to allow other uses to occur should that use not be desirable in the area given what other uses might be cropping up in the area.

>>Slusher: I will yield to Councilmember Spelman?

>>Garcia: I believe Councilmember Goodman had asked for the floor before.

>>Goodman: well, I had a motion back then if we're still talking about it we could give it a try.

>>Garcia: why don't we do that.

>>Goodman: it's really pretty easy now that alice has explained it all. The motion would be to grant cs with a co limited to gr-co uses with the prohibition of the following uses: automotive sales, automotive rental, automotive repair, commercial off street parking, hotel-motel, off site accessory parking, pawn shop services, service station, theater, communication towers, and it would be in compliance with the sos ordinance. With the roll back provision to gr-co when the present use ceases.

>> Councilmember Goodman, may I just clarify also? we had also recommended that there be dedication of right-of-way and that the land use be limited to those that do not exceed 2,000 trips per day?

>>Goodman: okay.

>> And the roll back to gr-co, should that occur, would be -- when it came back with a conditional overlay would be the conditions that we have currently without a cs. Got it.

>>Goodman: right.

>>Garcia: okay. Everybody heard that motion. Is there a second? seconded by Councilmember Spelman. Councilmember Spelman?

>>Spelman: you took the words right out of my mouth, more or less. I don't think any of us could repeat this and certainly not three times in a row. Let me just clarify. The only cs in your motion, the only cs use that would be permitted would be the construction services use. All other cs uses would be prohibited. And that would kick out -- would roll back to gr-co if he ceased using it for -- construction services for 90 days.

>>Goodman: and if gives him gr-co uses if he he wants to choose tomorrow to go to gr-co, he can.

>>Spelman: that's permissible for us to zone it cs, but also gr?

>> yes, because gr is above -- actually, cs basically is cumulative. It includes all the uses that are permitted in gr and some more. So what you're saying is if you're cs we can allow you one cs use, which is the construction sales and services under that district, we're going to strike everything else that is permitted in cs, but we're going to allow you these uses that are permitted in the gr zoning district.

>>Spelman: got you.

>>Garcia: I recognize Councilmember Goodman for the qualification to the motion.

>>Goodman: that would be for first reading only because we don't have the language.

>>Garcia: and I guess, alice, this ordinance would come back to us in a couple of weeks?

>> as soon as we have the ordinance drafted, we'll bring it back to you to see exactly what you approve.

>>Garcia: further discussion. The motion by -- seconded by Councilmember Spelman. Further discussion? all in favor motion carries with a vote of six to zero with the Mayor temporarily off indict as. That's all the items we have, alice?

>> that has concluded all the zoning cases for sewed today.

>>Garcia: a motion to recess until sirx pm. We'll recess until -- recess until 6:00 o'clock.

Recess

>>Mayor Watson: call the Austin City Council back to order. We are at 6:00 time certain which is a public hearing to amendment chapter 13-8 of the land development code repealing the national electric code 19923 edition with local amendments and adopting the 1996 national electrical code with local amendments. Please come forward and talk to us about it.

>> Good evening. I'm manager of the inspections of development review and inspections department. A couple months ago we were up before the board members on the electric code and asked for a postponement and diligently spept the lasts two months coming up with a negotiated agreement between the board members and the City sthaf that we can aum l. All live with. I can do a rundown of what the high points or.

>>Mayor Watson: I didn't come run down of the high points would probably be helpful.

>> One of the issues was that the inspectors certification as expanded to be allowed to be southern building code sefrtd or international association inspectors. We amended one of the reciprocal agreements allowing southern building code Congress testing. We have added amendments allowing suspension or revocation of lie kensz when the licensee allows to perform unsafe electrical work with causes injury to persons or property. We've added an amendment for errors of the master to be able to hire another electrician and to identify their employees. And the other high point was to allow simplification of permits and plan review process for registered industrial plant programs other than health cares in must be schools. And the board chairman is here to say something to you.

>>Mayor Watson: okay.

>> Good evening. I'm chairman of the board of the electrical board and I just wanted to say there's been a lot of work on this ordinance over the past couple of years and we believe we've come up with a pretty good package for the citizens of Austin and City Council. And that we're pretty much in agreement with staff and we've had citizen input and ad hoc meetings, that type of thing, to bring all this together and pretty much want to support it. That's the main thing I wanted to say. If there are any questions, I will be glad to answer them.

>>Mayor Watson: Mayor pro tem, then Councilmember Lewis.

>>Garcia: for the bigger industrial customers or companies, they -- they are allowed to do their own work, what is it then that somebody has to go inspect it under the code?

>> yeah, under the industrial provision, yes.

>>Garcia: under the --

>> registered industrial plant program.

>>Garcia: yes.

>> Yes.

>>Garcia: so they are allowed to do the work themselves and then the City is supposed to send an inspector? is that the way it works?

>> right. It's -- under -- well, there's several provisions in there under the term that it's limited to repair -- it has limitations on what type of work can be done, repair, modification of equipment and branch circuits so if it gets more detailed or involved it falls under the normal permitting process. And also it states who shall do the work and who is qualified to and then the inspection procedures that are to follow that.

>>Garcia: just out of curiosity, if they do some electrical work and put sheetrock and cover it all up, how does an inspector go in to inspect that?

>> I'm not sure. Janet may have to answer that one. As foor as the specifics on that.

>> The way the industrial initiative program works is that you have a master contractor install the work, and it's very minimal, small items, additional branch circuits, things you don't get into, panels and such. Then there's a certified electrical inspector, it can be a third party inspector will verify the work prior to it being covered up.

>>Garcia: not necessarily a City inspector?

>> a certified electrical inspector.

>>Garcia: that's all.

>>Lewis: can that inspector be from the same facility? can you be an employee of the same facility?

>> yes, if they've been -- an electrical engineer can look at it, a certified electrical inspector through the different code organizations, but it has to be an independent from how it's installed. And then every six months the City will go in and do cross checks and verifications of what's gone on out there. And we've had very good luck with the registered industrial process within the building trade which has been into for several years, the plumbing mechanical board has expanded it to allow them to do minor repairs and we've had good luck with that. It's eased some burdens for staffing just not having to go out and look at little projects and it's a good program for both sides.

>>Lewis: what about health care and public schools?

>> the health care, the public schools, the board is very adamant that they need to be looked at a little closer and that they excluded them specifically for the children and the nonambulatory people.

>>Lewis: well, in this 3 on 3.78 it lists -- 3 on 3.7, it lists -- it says other than health care so does -- or public schools, what -- when you say schools, does that cover from elementary through higher education or at what point -- I mean does it cover the university of Texas?

>> we do not inspect the university of Texas.

>>Lewis: okay, well let's say huston tillotson since it's not a state school.

>> No, normally the rip program has a number of employees they have to have and the size and square footage of the buildings, and most of the universities, the smaller universities don't meet one of the two criteria. To get into the program in the first place. This was pretty much directed at the public schools, aisd and the ones that have large square footages and numerous employees.

>>Lewis: all right.

>>Mayor Watson: can I follow up on that Councilmember Lewis? are you done?

>>Lewis: yes.

>>Mayor Watson: okay. Help me with the logic. If it's safe, why is it not safe for health in public schools? just because of the age of the people or daus they may not be ambulatory?

>> yeah, I can probably address that. It's not -- I know it's almost a doubling of the standard in a way, but -- and that's the way it can be perceived. There is no intention to cause any more difficulty for the people that -- on site people that work there or anything like that. The idea is for safety, and we're not saying that a public building, say, is -- doesn't need as much scrutiny -- well, we are saying that. We are saying that the public schools and the hospitals, because of children, nonambulatory people, that kind of thing, we want to be scrutinized a little higher than some of the other places.

>>Mayor Watson: help me with an example of what the kinds of places other than public schools and health care facilities this would cover.

>> Again, it's -- it's stated in -- some janet mentioned, a big business or something like that, company.

>>Mayor Watson: the kids go there, folks that are nonambulatory go there.

>> Yeah, but not usually -- that's the idea behind it. I wish there was -- I wish I had some of the --.

>>Mayor Watson: what about day care facilities?

>> yeah, I think that falls under the -- it has less employees so they are not eligible for that program I don't -- yeah, it's not big enough -- it doesn't fall under that program usually.

>>Mayor Watson: what about churches?

>> again, I'm not sure how -- if there would be churches that would fall under that or not.

>> Most of the buildings have to be area of about 200,000 square feet, and then employ up to 200 employees. So that really restricts what it is. We've currently got in the system are all of the larger companies, the amd's and the samsungs and things of that nad. And what the amendment was put into the electric code for was to allow them to put in their tools and other minor hook-up things that they have to put into the fabs and it's a little more controlled environment for them.

>> I can see some of your reluctance, but it's just that we feel that the public schools and the health care facilities need that extra bit of scrutiny. That we give under the standard process.

>>Mayor Watson: Councilmember Griffith.

>>Goodman: I'd like to follow up on that because I can understand a you are coming from. On the other hand, I can also see what that feels like it means to the previously -- what are they -- registered industrial plants, and they think that for even simple jobs they are going to have to go through the whole process, which is fairly time consuming with inspections and so on. Is there some range or some specific jobs versus, you know simple ones versus fairly dramatic once that you allow them to go ahead and complete the way they always have?

>> again, because it limits it -- the whole prom is limited to modification of the -- equipment circuits, it's limited already by that, but -- I'm not sure on further limitations.

>>Goodman: well, are you -- are you contemplating protection for the future or is there some record of things that haven't been done well or inspections skipped or work that you think that was done shoddily?

>> I've heard of such, but I don't have any kind of evidence or proof of that. I've heard of some cases where some people -- expert persons believe that they've seen some work that wasn't done quite up to par, but that's one of those real -- they haven't made a formal complaint, they haven't brought it to us formally, so I don't have any direct evidence of it.

>>Goodman: let me just ask one more thing then. Do you think that there is a way to amend reasonably amend the code so that there was some kind of -- some kind of qualification, some kind of scope beyond which you go ahead and trigger this where they wouldn't have normally or some list of specific kind of work needing to be done that you feel could reasonably be done in the old way and not others?

>> it's possible. We've contemplated various options and some of the ad hoc meetings and the sessions that we've had about the different ways this could go and this is the sort of way we came to the final conclusion of it. I'm not saying there is no way to change it or anything like that. I mean there's always some room for compromise, but we -- it has been studied pretty thoroughly and that's what we came up with. And this was a unanimous board motion too.

>>Goodman: well, and I do understand, but without a -- I don't know, it just seems to have come up out of the blue. So people are trying to figure out why all of a sudden we're going to do this when we never have before when we seem to have had confidence in them before and now we don't.

>> This is a new code section adding to the previous electrical code. They brought it in for repair modification and installation of equipment and branch circuits but stayed out of panels and firewalls and sort of other safety issues. It's just mainly if they need an additional plug they can bring one in. And so this was an expansion of the registered industrial plant program to allow these companies to do this work.

>>Goodman: yeah, I'm just speaking in the context of the amendment.

>> Right, that's a new amendment.

>> The entire 303.7 is a new process.

>> Is a new section.

>> So the whole thing -- there wasn't this in the past. I'm not sure what the -- I mean there's a program other than that. I don't think there is --

>> we have a booklet program that's almost identical to this for minor repairs up to three items, so --.

>>Goodman: I'm talking about public perception. I'm not sure what you think I'm saying, but I'm saying that seton, for instance, now is asking what this means and why and thinks that they will be kind of hog tied because even the simplest procedure will have to go through a process and you are singling them out so it is a different public perception by the professionals who do these things than we would have assumed went on before.

>> Well, prior to this amendment being in the ordinance, they had to permit and go through the process the old way. To come in, get a permit.

>>Goodman: I understand that, what I'm saying is you have singled out schools and hospitals as opposed to like what the Mayor was saying.

>> Singling out them, we're putting this in there to allow the majority of these companies that aren't public schools or health care, we're allowing them to ease the burden of the City staff and allow them to have a registered inspector, that type of thing, so we're really opening it up for most of the customers out there. It's just -- there's just a small group that's being --.

>>Goodman: and that's what I'm saying. That's kind of out of the blue.

>> But it isn't really, like she said she it's not something that yesterday they could do it one way and after this is passed --.

>>Goodman: no, no, that's not what I'm saying either.

>> Yeah. But --.

>>Goodman: we should probably --

>> I don't know how else to explain it.

>>Goodman: you've explained it fine. Thank you.

>>Mayor Watson: any further discussion? Councilmember Lewis?

>>Lewis: yeah.

>> Another board member speak for a moment?

>>Lewis: let me ask you -- let me ask you a question. In -- do you have copy of the -- this yes, 303.6, no. 5. The third line. Can you explain that to me? because you are telling me that the best electrician or contract should notify property owners of unsafe electrical conditions or uses that have been identified on the site and shall correct any code violation caused by work the master electrician has performed. And then you tell me in item no. 6 That the master electrician or the contractor should -- will be the one that the master electrician is the one that inspects it. What's the difference? I don't understand who you -- you know, I mean you are telling me a master electrician messed it up and you are telling me a master electrician is going to inspect it. I don't understand the significance of the two.

>> I see your point. This --.

>>Lewis: I could understand it if you said a electrician.

>> Yeah, again, that's in the booklet program is that -- is that the part that -- this doesn't have to do with the industrial plan.

>>Lewis: no, I'm just saying, I'm just looking at this.

>> Just the way it's stated.

>>Lewis: item 5, third line.

>> Right. It's tied into the section 303.6 tuned booklet program permits and then it gives the regulations on participating in the permits and how they -- how this permit program is conducted, and then -- then it talks about if it's inspected and then if something is found unsafe, then they just have to correct it. It's just trying to assure that the end customer, end user has the work done correctly.

>>Lewis: well, you know, I can understand what -- you know, I can understand it if they would take out the word master electrician, but then in 303.7 item 2, it tells me that a person under the direct control of a master electrician, so I mean a person not being being -- not even being a qualified electrician could work under the supervision of a masses ter electrician and perform the work as long as a master electrician inspecting it.

>> That's true. An electrician. Anyone can work for a master electrician, as long as that master electrician is watching their work in that. And again, the booklet program is similar to the registered industrial plant program, but there are kree differences and the booklet program is much more equipment and the industrial plant is made for, again, the bigger plants, the samsungs, motorolas, ib. 'S, larger companies like that. They aren't usually going to have -- they can take advantage of the booklet program too, but it's just a small scale change and again that frees up the burden of the City -- the City staff and for the electricians that are master electricians or whatever that are conducting the work. Trying to ease the burden on both sides, but still get the work done properly.

>>Lewis: that's all I have.

>>Mayor Watson: I'll entertain a motion to close the public hearing on item 65. Motion made by Councilmember Griffith. Seconded. Discussion? hearing none, all those in favor say aye. That takes us to item no. 66 Which is the substance that we just had the public hearing on and nobody signed up and we set a new record. I'll entertain a motion with regard to item 66.

>>Garcia: I move the electrical board recommendation.

>>Mayor Watson: there is there a second?

>>Mayor Watson: motion made by the Mayor pro tem, seconded by Councilmember Lewis. Is there any discussion? hearing none, all those in favor say aye. Opposed? motion carries on item 66. There being no further business to come before the Austin City Council at the regular called meeting, I'll entertain a motion to adjourn. Motion made by Councilmember Slusher. Seconded. Any discussion? hearing none, all those in favor say aye. Opposed? motion carries, we're adjourned.

End of Council Session Closed Caption Log