>>Garcia: Good afternoon, I'm Gus Garcia, I serve on the Austin City Council in place two. Today during this part of the program, we present proclamations to our citizens and other people who do things that make this community better. This proclamation is presented by the Mayor, it reads as follows be it known by these presents, that I, Kirk Watson, Mayor of the City of Austin, do hereby proclaim june 4th, 1998, as lauren banta scholar athlete day in Austin. And we call on all of our citizens to join us in recognizing that scholarship, paired with -- I think misspelled paired lauren, with athletic competition are integral parts of a well rounded education and that high academic achievement and good sportsmanship helps to build self-esteem, character, self discipline and a sense of community spirit, vital to the well-being of our youth and recognizing the 1998 fina "dallas morning news" all state athletic theme, 12 high school seniors from 12 accredited public schools posted exemplary records of scholastic achievement, leadership and community service, in recognizing team member lauren banta from mccallum high school in Austin as first in her class student body president, a member of the national honors society, a member of the girls fast pitch softball team, appeared a volunteer at the Austin soup kitchen for the homeless. In recognizing all of the sponsors of scholar athlete day for their role in honoring high school athletes like lauren in the state of Texas and in congratulating lauren banta and all those selected to receive this honor. Lauren, this is signed by the Mayor of Austin and attested to by the City clerk. [Applause]
>> I just real briefly wanted to thank, especially all of the counselors at mccallum and especially j.b.josephson and ms. Sellers for all of their work and they really helped the seniors at mccallum, without them we wouldn't have gotten the start off to where we wanted to go in our future and for always looking out for us and letting us know when scholarships and awards are up for grabs and so I just wanted to thank them for that and also my principle, Mr. Shelly pittman for being so involved with student activities at mccallum and attending everything from choir shows to athletic sports and everything that he attends showing that he cares so much about his students and he's even here today to prove it. So thank you very much. [Applause]
>>Garcia: has the university of Texas recruited you for their softball team? [laughter] yes?
>> what was that?
>> has the university recruited you for their softball team.
>> Not yet.
>>Garcia: not yet. Okay, Councilmember Goodman?
>>Goodman: (no audio).
>>Goodman: I'm not sure how we wanted to split this up, but Councilmember Spelman and I are jointly proclaiming Austin community access center day for today, that of course has to do with access tv. Freedom of speech and all that. Non-commercial editing and support so that folks who have something to say have a place to say it and we as the citizens of the community have the right to hear them say it, whether we lie it or not. And that is the joy of democracy. So ... Let me -- let all of these fine people who help us keep that very democratic service a part of Austin life come up here, I see jim elgger, also, who is very much a part of keeping it a viable and productive place and service. What I think I will do is just do to there and then hand it over to bill. Councilmember Spelman you should read the first sentence and I would read the rest of it, but it's all one sentence. That will be fine judgment okay. I will stop there. The proclamation the Kirk Watson proper claims june 16th, 1998 as Austin community access center day in Austin. Then for bill.
>>Spelman: further the Mayor and City Council calls on all citizens to join us in recognizing the Austin community access center, previously known as Austin community television or actv, has served the Austin commune tee for 25 years since its inception in june of 1973, in recognize thank the Austin community access center has served as a model for other access facilities across the state and nation, and has served and continues to serve many portions of the Austin community which traditionally have been ignored by mainstream media, in recognizing that Austin community access center provides a unique media forum for greater diversity of information to be shared with the entire community and in celebrating this the silver anniversary of Austin community access center.
>> Thank you. [Applause]
>> I just would like to say we have board members from -- sharon brady, frank, wanda. Also we have we have some of the staff here, pat, daffney, jim, John, mary ellen, special thanks to the telecommunications commission, also the Councilmembers for their full support. John, our executive director has a few things to say.
>> Thanks. It's happy to celebrate 25 years, we are looking forward to 25 more and we want to really wish our thanks to the city Council and your hard work to keep Austin access alive and invite everyone on saturday, june 6th, to come to our City and celebrate our silver celebration, noon to 4:00 p.m. Again thanks for all of your support. [Applause]
>> just a brief media update. If you can't make it to our birthday party on saturday, june 6th, of course it will be live on cable channel 10:00. We would also like to thank the Austin chronicle for very flattering comments beginning on page 42. He went -- we want to thank all of the members of the City Council, staff, and people who have been very generous with this unique and viable media outlet in Austin. Thank you very much. [Applause]
>>Goodman: I think probably all of the Councilmembers want to be a part of this since we are the so-called green Council. And in 1990, as today, barton springs was much in the news. So if I could also ask Bill brunch and grant godfry from s.o.s. To come up. This is a rather historical event. Hopefully it's a positive one. Even after judge sparks' rules, we will have something to look forward to all summer. I also took the liberty of making a couple of notes since I got I'm sure it was an easy 30 calls this morning from folks who read the paper and wanted to know some information. Since this is about barton springs day, an annual celebration since 1990 and free swim day, I wanted to slet everybody know who did call this morning or tried to call and couldn't through that for the federal government, the word taking incidental taking does not necessarily mean death of the salamanders. And so for those folks who are shocked by that number, I wanted to let you know that in fed speak that's a very black and white term, which really covers a host of grays and accrues even. So taking means you might be destroying habitat or you my be harassing or you might be injuring, relocating or killing. And in our case, it means that we shoo the salamanders away from the rocks so that we can clean the aggie algae off. The salamanders get to come back. There have been no deaths in our seven cleanings. So for folks who are worried about what it is we are doing out there, we are keeping the pool safe for people to swim, and safe for the salamanders to come back afterwards. The salamanders were there before we started cleaning and the salamanders are still there. They are doing fine. So just as a clarification point, the proclamation is to let it be known by these presents that Kirk Watson, Mayor of the the City of Austin, do hereby proclaim that today is barton springs free swim day in Austin. And calls on all citizens to join us in recognizing the social, cultural and environmental significance of barton creek and barton springs to the Austin community. In recognizing barton springs as an Austin landmark and free swim day in Austin, as a tradition, in recognizing barton springs as a valuable natural treasure and the need to preserve this local treasure so that future generations also may enjoy its beauty and in encouraging everyone to come out and participate in barton springs free swim day. Because barton springs eternal and we are going to keep it that way. [Applause]
>> thank you, so much, Jackie. There should be a whole crowd here, as you know. As there was on june 7th, 1990, when the commune really stood up to defend barton springs at a crucial moment. And I'm so happy to see now here 8 years later that the vigilance and action to protect barton springs continues. Unabated and with this Council with more success and commitment than ever before. So thank you so much, and I do want to invite everybody to come out to barton springs this weekend. We will have a table out there with some educational literature. There will be some mini tours there to have some instruction about the pool and its ecology and also about the fill sofr's rock statue. Please come out and enjoy a nice day at the springs.
>> Thank you, first of all, this is a great great tradition of this free swim day. And I hope to see everyone out there and just to clear some things up that have on occasion been misreported, the environment take commune -- environmental community in Austin does not support closing barton springs pool, it is not necessary to close the pool to protect the salamander. Swimming and salamanders can peacefully co-exist. It can be done and it will be done, we will see you all there on saturday. [Applause]
>> is julie wade here or anybody who is going to accept the national trails day proc? how about Beverly?
>> how about it. Happy trails.
>>Goodman: this proclamation is also one that celebrates the green and environmental treasures that we have around here and that are in fact -- in fact our card in business. The proclamation is to let it be known by those present that Kirk Watson does here by proclaim, june 6th, 1998, as national trails day in Austin as well. And calls on all citizens to join us in recognizing the beauty of our natural green ways and trails, in recognizing the importance of maintaining and preserving these areas, in recognizing the responsibility we have as citizens to respect and take care of our trails. And in supporting the further development of our hike and bike trails for future generations to enjoy and to ensure the quality of life no matter how urban we may become in the future. As an advocate and supporter of trails in parks, let me offer this proclamation to my colleague, Councilmember Griffith, because she certainly deserves it. [Applause] Councilmember Griffith thank you very much Councilmember. As a charter member of the Austin metropolitan trails Council, I will accept this on behalf of that organization that is working very hard to achieve a 437 mile three county network of trails that will be marvelous for public recreation and especially for public transportation. And as we fight off being a non-at tapement City in terms of air quality, as we work for better air quality and better water quality, trails and green ways are going to become more and more important all the time. Thankses, Austin, for seeing that and for investing in greenways and trails. [Applause]
>>Garcia: now it's time for a little music, once again in Austin, we celebrate the month of june with jazz. And music for the City Council today will be performed by local jazz artists selected for their diverse interpretation of the genre. I think that improper announcing that correctly. Today's performer edwin livings son has been involved with the local jazz scene for over three years. Moving to Austin after completing his bachelor's degree in music and double bass performance at wichita state university where he held the principal position in both the symphony and opera orchestras. His string of professional credits include membership in several distinguished symphony and ballet orchestra, include the national negro symphony orchestra and dallas symphony orchestra and spent a year at the nea artist in residence in garden City, kansas. He has appeared in jazz festivals around the world and can currently be heard on many local artist recordings as well as on his recent first release as a leader. Help me welcome edwin livingston. [Applause]
>> thank you, very much, I would like to thank Austin for this great honor. And I don't know -- I'm at a loss for words now.
>> Tell them what you are going to play.
>> I am going to play one of my compositions, I would like to thank you for -- for giving me this opportunity to be a part of Austin and to represent this City and for the Austin music network for making all of these things be seen and thank you very much and now I would like to turn it over to my -- to my attorney.
>> Good afternoon, Councilmembers, my name is regina barns and this is really an honor for Mr. Livingston, but at the same time it's very ironic that while he accepts this honor he is facing pending criminal charges for trying to load in his equipment in the back of an establishment on sixth street. He and his fellow band member, brandon temple are facing possible fines and confinement. Mr. Livingston is facing a fine of up to $500 and Mr. Temple is facing a fine of up to $2,000 and six months confinement. On the night of March 18th, they were arrested and jailed for several hours and they missed their performance that night. Neither Mr. Temple, nor Mr. Livingston had any prior criminal history. And there nowhere outstanding warrants for them. In connection with defending them in this case, I have contacted or tried to contact Mr. Don cheney with the City of Austin and I did contact him and he was helpful to the extent that he could be. And he referred me to a pat reimert with the legal department and I can't get him to return my calls, so one reason that I am here today is to ask for any help or assistance out of anyone within the sound of my voice can provide in helping us to resolve this favorably for these two musicianses who have been long-time contributors to Austin's reputation as the live music capitol of the world. Thank you, I will return it to Mr. Livingston. [Applause]
>>Garcia: well the fact that you have that legal issue before you, doesn't mean we cannot proclaim a day for you.
>> That's true.
>> We are proclaiming june the 4th, 1998 as edwin livingston day in Austin. And we call on all citizens to join me in recognizing the many outstanding contributions by the local music community toward the development of Austin's social, economic and cultural music community and and diversity in recognizing the dedicated efforts of artists which further Austin's status as the live music capital of the world, signed Kirk Watson, Mayor of the City of Austin.
>> Thank you.
>> Congratulations. Tell them what you are going to play next.
>> I am going to play an original composition entitled aka fittijones.
[music playing]
[applause]
>> in addition to what I said earlier, you can hear me play tonight at the elephant room, tomorrow night at the laguna gloria art museum and tuesdays in june at cedar street and you can see me personally about my own product. Thank you.
>>Garcia: thank you, very much, Mr. Livingston. At this time I would like to call on reverend sue white from the parker lane united methodist church to bring us the invocation. Welcome, reverend.
>> Will you pray with me? oh, god, you are the hope of all the end of the earth. Lord hear our humble intersession today for all races and family on earth that you will turn all hearts to yourself. Remove, lord, from our minds hatred, prejudice and contempt for those who are not of our own race or collar, class or creed, that departing from everything that he is strains us and divides us -- estranges us, and divides us, we may by you be brought into unity through the holy spirit in the bond of peace, in christ Jesus our lord. Amen.
>> Amen.
>>Garcia: there being a quorum of the Council -- of the City Council present in the chambers, I would like to call this meeting back to order. Now that we have completed the recess period. The first item on the agenda is approval of the minutes for the meetings of april 22nd, may 20th and 21st, I think one of those minutes is not ready. Do you know which one? he indicated to me there was one that wasn't ready. While we are doing that, I am going to read into the record the changes and corrections time certains and items pulled for discussion. Item no. 12, Approve an agreement with the bug groups should reads as follows: in an amount not to exceed $65,725 with four 12 month extension options in an amount not to exceed $61,505. 59,205, $37,900 And $37,900 respectively for a total contract amount not to compete $262,235. Since this item is on the agenda, since there was a change, if it stays on consent, I would like for the staff to give an explanation as to why the change. Item no. 19 Should read: approve a construction contract with jay reese contractors, funding was included in the 1997-'89 8 operating budget of the public works and transportation department -- transportation fund. Item no. 45, Approve settlement of contract claims of the lower Colorado river authority and the City against union pacificrailroad is postponed to june the 11th, 1998. The time certains are as follows: Councilmember Goodman on item no. 20, Do we still want to life it on or are we going to postpone it?
>>Goodman: the request of the neighborhood was that we postpone it. I understand among the aides there is some issue that either Councilmembers or the aides would like to hear it. I don't know anything about that. I just know the neighborhood would like it postponed, that's still my request.
>>Garcia: okay. Do we know anything about this issue? no. 20? Where it is? yeah. I think Public Works has worked it out in such a way that we don't have a public hearing today. We will have it three weeks from now, so item no. 40 Is postponed to june the 25th.
>>Slusher: that the ground transportation ordinance?
>>Slusher: yesterday we talked about going ahead and hearing that today. But if Councilmember Goodman would like on to postpone it.
>>Goodman: I think after the neighborhood and peter reik talked to each other -- I am kind of hearing the updates as we go, it was my understanding that staff would prefer to work with the neighborhood and then present in three weeks.
>>Slusher: I suspect there might be others that want to get involved in it besides for that particular neighborhood. I thought this -- hearing it today might give them a chance to get involved in the meantime. But that's fine. I just suspect we might end up putting off action then, too.
>>Garcia: as it stands right now, given the negotiations between Council offices, Council aides, Public Works, the neighborhood, it looks like the postponement to june 25th is okay.
>>Slusher: that's fine.
>>Garcia: okay. At 4:30 we have zoning, items 28 to 34. At 6:00 we have for public hearing on the City's 1998-1999 proposed community development program and federal annual consolidated plan. The items that have been pulled for discussion are follows, if you want to speak on these items, you can sign up: no. 13 Is approve a lease agreement with outer net.
>>Slusher: put it back on.
>>Garcia: back on the consent agenda. Water quality detention pond, that's been pulled by Councilmember Lewis. Item no. 19 Is approve a construction contract with jay reese contractors, pulled by Councilmember Slusher. Item no. 23 Is approve a contract for the purchase of 17 light duty trucks, pulled by Councilmember Lewis.
>>Lewis: Mayor pro tem, you can put item no. 23 Back on.
>>Garcia: item no. 23 Is back on the consent. There's only two items pulled, item no. 17 By Lewis, item no. 19 By Councilmember Slusher. The next item on the agenda is the citizens communication general. And I will call three names at a time. First one is Mr. Gus pena, followed by Mr. Greg erickson and Mr. Richard knowlton. Mr. Pena?
>> Mr. Gus pena? I saw him.
>> He stepped out.
>> We can flip flop positions.
>> Sure. You want to take his place, we will pitch him over to that place.
>> Sure, good afternoon, I will try and make this as brief as possible.
>>Garcia: let me announce you first, former Councilmember eric mitchell, number 9 is substituting for Gus pena, Mr. Meanal be number 9.
>> As the agenda stated I came to convey a community message, what I have here I would like to give you is a street name change application and a little over a thousand signatures on the petition to rename rosewood avenue to dorothy turner boulevard. There are several petitions still out at metropolitan ame. Saint james episcopal, huston tillotson, probably another thousand or so signatures coming in, but I would like to turn this in to you today, I have a letter here that Mr. Henderson asked me to read, then I have three questions when I am finished. It says dear Mayor and Councilmembers, dorothy turner stood up for the black community of Austin when no one else would. Her work is unparallelled when it comes to social and civil justice for black people. It is fitting that a street in her neighborhood be named on her behalf. I strongly request that rosewood avenue become dorothy turner boulevard. I ask you to unanimously do this for dorothy, her legacy and out of respect for our community and future black leaders, signed thomas henderson. As for myself, I would just like to say we could stand here and talk all day about the things that dorothy turner has done in service to this communities, she's not only stood up for the rights and justice, equity and parity for african americans but for all people, wherever she saw injustice, dorothy is in the hospital, hopefully she will get to go home tomorrow, she's been in hospital for a little over a month, but we want to turn the street name application in today, along with the petition signatures. The first page is signed by residents on rosewood boulevard, which is one of the things asked for in the application. Three questions that I have is number one, is there any reason why this can't be put on next week's agenda?
>>Garcia: I don't know about public hearings. Is there a requirement for public hearings?
>> illinois check it out. -- I will check it out. We can start the process.
>>Garcia: we can start the process, have an item to set the public hearing at next week's agenda.
>> Marvelous, look forward to that. [Applause]
>> question -- question number 2, since we are here to recognize someone who has fought injustice for most of her life and recognized for that, the question number two is now that this other great travesty has been made public, is there any reason why Mr. Livingston and his partners' fines and charges and everything else can't be waived? and then question number 3, now that it has been made public, once you get that resolved, we would like for you to publicly announce the outcome that we will know what happened?
>> we have asked the legal department to find the attorney in charge of that particular issue. He is in court right now. But we will be contacting the attorney for Mr. Livingston so that we can address the issues.
>> Great, well, hopefully we can get the outcome made public now that has been made public, both here at Council and Channel 6 on the wakeup call and anywhere else. I am very interested to find out the outcome of that. We look forward to the item on next week's agenda. Thank you very much.
>>Garcia: the -- the agenda coordinator is here. We will put an item to set the public hearings, you need to talk to Public Works about the process so we proceed appropriately. Mr. Goose pena. Mr. Gus pena. I was going to put you at no. 9, But we are going to put you at no. 9, But we will go ahead and put you where you were before.
>> Thank you, sir, I had to make an emergency pit stop with my little boy, those are priorities.
>> Following you is Mr. Greg erickson.
>> Good afternoon, Mayor pro tem.
>>Garcia: I can't, I'm Gus pena, president of East Austin concerned hispanics, this is my young nephew who I have permanent management skwofrb tore ship court order. I love him like a son, I hope one day he will be my son, I consider him a son already. The City of Austin budget process is quickly approaching us. In prior years the City of Austin health clinics have not been allocated adequate funding. They provide a safety net for the indigent, uninsured and basically for the havenots. We are now seeing unrest and uncertainty and lack of confidence by the employees toward the clinic's management and also towards management as a whole. The sentiment not only shared by the employees, but also by a large number of clinic users, clients, if you will, is that spending $1.3 million on a management consultant team to first improve management skills is not appropriate spending. And otherwise -- not wise spending, excuse me, spending practice, do not address the numerous vacancies at the clinics compromises the mission of the health clinics in services provided to the clients. Now, we discovered that Mr. John gunig of goggio & associates has a title of division director of primary care. Is he a City employee? I don't need you to respond to this, this is merely a question from me to you all? with City benefits as prescribed by this title or is he simply a consult at any time to the City clinics? is this not a conflict of interest if this individual is in fact given this title and given also the benefits of a city employee? we still have not received a status or progress report on what has been achieved or lack of achievement since the consultant team arrived in Austin. We also question the lack of accountability process in regard to these issues and concerns. The health clinic employee committee was established to hear from employees on concerns, recommendations and suggestions regarding health clinics. How about the clients, Councilmember Goodman snl Councilmember Slusher? how about the clients' concerns and recommendations? Mayor pro tem, how about their concerns? let's get a committee going for them. Instead of forgetting about them. It is not sufficient enough to just sit down and ask the clients their concerns as they wait to be seen by the figures as John gunig states he will or is doing currently. There is still a lafk communication by the City manager's office, by staff in regards to questions and concerns by the public. Make the priorities state or straighten out the issues and make the health clinic issue a priority. But not only that, make the safety and well-being of our youth a priority, also, and that of our senior citizens will pave the way. [Applause] also our youth who are our future, you are looking at the future Mayor of Austin and the first hispanic Mayor of the city of Austin in the future, I guarantee it because I am going to be pushing it for good lord willing. Please prioritize the issue, remember the people, thank you all very much.
>> Thank you, Mr. Pena.
>> Following Mr. Greg rerk son --.
>>Goodman: Mayor pro tem? before he speaks, I thought that going out and findings folks to talk to you, not necessarily just the clients within the clinics was part of the charge. Can we double check on that that was an issue raised by a lot of people, it's a good data source to get.
>>Garcia: good point. Following Mr. Greg erickson is Mr. Richard knowlton and Mr. Joe quintero. Mr. Erickson, welcome.
>> Thank you, I'm greg erickson, with free press international. I want to address two subjects that we believe are criminal activities by the -- by the city of Austin, if they are not criminal, they should be. Number one is annexation which is suppression of democracy. Nobody in Austin can decide the fate of their own City. They can't vote on whether they are annexed or not. And I believe everybody saw on tv, it must have been at least a thousand people, who at the public hearing said they didn't want to be annexed. Clearly suppression of democracy. And second thing is executive session, which is nothing less than secret meetings. Our government here is meeting in secret and you the citizens of Austin cannot know what they are talking about. Try to call Kirk Watson's office tomorrow and see if you can get his schedule, what he's doing throughout the day, who he is meeting with, you can't get it. Red flag number one. I would like to continue my question to ms. Griffith that I did last time I was here. Could you --.
>>Garcia: let me --
>> this is directed towards ms. Griffith.
>>Garcia: I am going to tell you that this portion of the agenda is not about you asking questions of anybody.
>> Isn't government supposed to be about where the people can dialogue with their government. How else can government work.
>>Garcia: this is your time to speak.
>> I am speaking to ms. Griffith. Could you make a statement about this annexation suppressing democracy and executive session, please.
>>Griffith: it is our policy not to have this find of toing and froing from the dias.
>> Everywhere we go in government, you all refuse to answer question, that's an obvious coverup the kofrt is -- government is core -- is corrupt, that's as obvious as it can be solution loose let me say I am sure since you know that much about it you have read the law that provides for executive sessions.
>> Sir, what are you doing to fight that law for the people of Austin.
>> No, what are you doing to fight it? you need --
>> a hell of a lot. A hell of a lot.
>>Lewis: people that determines the law. We can't change the law. The law was set by the state.
>> You are going to stand by and let this happen and not represent the people of Austin. That is your duty.
>>.
>>Lewis: I will say that you should put it before the people that has an authority to change it.
>> Pass the buck time. We don't play pass the buck at this organization.
>>Garcia: the law that was passed by the state, Mr. Erickson, was passed to protect the interest of people. I don't think if you were working for the City you would want your issues to be discussed in public. And that's what -- one of the parts of the open meetings act.
>> That's incorrect. Completely. If you have secret meetings, your citizens cannot know what's going on. Come on. It's just common sense. Yes, it is.
>> Mr. Richard knowlton. Following Mr. Knowlton is Mr. Joe quintero. Is Mr. Quintero here? following Mr. Quintero is jennifer gale. Is ms. Gale here? if not, if she's not here, Mr. Horace willis. Mr. Knowlton, welcome.
>> Thank you, sir. I managed to get some opening remarks together, then I will just wing it from there. I got a little change of pace today. I would like to touch about meet and confer issues with the fire department. If that's okay. Not just the ones that are relevant, also the ones irrelevant to the contract between the City, its firefighters and its citizens, there's been lots of talk being thrown out there at various forums and in the media. I wasn't a negotiator myself in the contract, but I have spoken to virtually all of those that did negotiate. And safe staffing was not a contract issue and for anyone to infer that it was is out rage joys. To state that firefighters could enjoy better pay and benefits at the expense of fire protection and citizen safety is unconsciousable. The police and e.m.s. Don't get put in that position and neither should firefighters. The City Council decides and correct me if I am wrong on any of this, I believe I have my facts straight, but I could be wrong -- Council decides both what will be safe staffing and meet and confer issues. Please enlighten us, if safe staffing is a meet and confer issue. It hasn't been up to this time. I realize that Austin has a strong City Manager type government. I would like to know if this includes the power to override the directives of City Council. I go back a number of years on this. I realize that the directives going back to '93 and '94 were to a different City Manager, the City Council was different, Mr. Garcia's name was on this budget, as was ms. Goodman's, but they did direct the City manager, whoever it might be, to seek four person minimum staffing on all fire units. In 1993, staffing was increased by -- where did my numbers go? firefighters were ultimately funded for the four person staffing initiative in 1993, 17 funded in 1994-'95, the machine power units were redeployed, I would like to stop use thank redeployed word, because it become apparent to me it means reduction in manpower, that's exactly the way it's been. 24 Positions from machine power units, 24 of them were allocated towards four person staffing. That's a total of 66. Today we have no fire units with a minimum 4 person staffing. The City continues to grow both in population and area. And the net result is fewer firefighters with a -- with fewer -- that must be me -- fewer firefighters with fewer units to respond.
>> Just a second. (Buzzing).
>>Garcia: I will give you more time. Does anybody have a pager that's beeping? go ahead and close.
>> Thank you, sir, I will tell them to leave. In closing, we have fewer people able to work both combat and staff positions, the newest thing that's come out no light duty for firefighters, light duty for police, for e.m.s. For those necessary jobs that need to be done, but light duty for firefighters for off the job injuries will be ending this summer according to the City manager. Thank you.
>> Thank you, Mr. Knowlton. Mr. Joe quintero.
>>Goodman: Mayor pro tem?
>>Garcia: Councilmember Goodman?
>>Goodman: again I think we need to get with the chief and talk about several of the issue that's richard has brought up over the past months, safe staffing I would think is not part of the meet and confer deliberations, I am not sure what the question was, was it that meet and -- does meet and confer decision, does a meet and confer decision pre-empt a previous Council decision, was that the question?
>> yes, I was wondering which Council was it that directed the City Manager to use the additional staffing positions to avoid any chance or virtually any chance of overtime. When they were simply directed to be applied towards core person staffing. It was supposed to be a four year plan back in '93-'94.
>>Goodman: okay. I would like to get clarification on that and I have raised it a few times. We haven't had an opportunity. I assume at budget we will have opportunity, but we might as well do it quickly.
>>Garcia: if you could send a memorandum around to the Council with response to the issues that Councilmember Goodman brought up?
>> now.
>> No, just sends a memorandum.
>>Garcia: let me say that now that I have a mike on. Just a Written memorandum to Council in response to the issues that were brought up by Councilmember Goodman and Mr. Knowlton. Following Mr. Joe quintero is Mr. Horace willis and Mr. An delgado.
>> Thank you, I am jose quintero, with the greater East Austin neighborhood association. Councilmembers, Mayor pro tem,.
>>Garcia: I can't, good afternoon, before me I have a document regarding the east Austin conditional overlay. It has to deal with questions and answers, I feel because I have lived in the East Austin community with other people that have been representing some of the issues here is that we have the answers, but it's up to you all, the two governing bodies, the planning commission and the Councilmembers to ask yourself your own questions. Why we need to deal with this. It's a series issue, it will affect our generation of kids in the future. East Austin has seen you pass bonds for $107 million to preserve lands, green belts to protect endangered species west of IH-35. The only thing we have to protect our homes, small businesses and environment, churches, playgrounds, schools is the East Austin overlay. That's all we have. We spent years trying to get protection from an increase in warehouse and distribution in the central City and felt we had finally been successful when the East Austin overlay ordinance was passed, but every expansion coming in under the East Austin overlay is being approved. They call it improvements, but they are not -- they are really expansions of warehouse and distribution and large industrial and commercial uses next to our homes lake.
>> The case next to the housinging projects. Now the Planning Commission has approved an expansion of warehousing and distribution on one of our main commercial corridors. Seven blocks from the hits rick -- historic sixth street district and central business district. Which has not only increased a number of 18 wheelers coming into a two lane streets but is also incompatible with homes and small businesses, neighborhood bar and restaurants. Where is our smart growth initiatives, where are our laws, where are our coffee shops, where is our new investments? where are our inconvenient actives to move.
>> Businesses in that will not pollute and congest already congested traffic. Orno oil should not be allowed to expand his oil and auto parts operation receiver blocks away from everything that you are doing downtown. If this is the upper downtown, aren't we lower downtown? where are the people who want to see a positive business investment in our area? I would like to thank you, we have considered an appeal, we need leadership in East Austin, somebody that can put teeth into an overlay and send a message. Thank you very much. [Applause]
>> I am going to call jennifer gale again, see if she's here. Is Mr. Gale here? okay, Mr. Willis, following him Mr. Del god come and following him Mr. Robert hecker.
>> Can I have the lights off?
>> somebody get the lights. Can we get some volume to that mike that Mr. Willis is holding, please. Try it again, Mr. Willis. [Audio problems, please stand by].
>>Garcia: if -- does that have volume now, horace?
>> it is?
>> yes, it's on.
>> Okay. Mayor pro tem, Councilmembers, I am horace willis from the university neighborhood association. First of all, I want to thank you for your response from the neighborhood association concerning taxicab service in our area. These pictures that I am showing you are not from a -- from a third world country.
>>Garcia: let me ask Councilmember Lewis -- there we go.
>> But these pictures were taken at the corner of loyola and manor road on the banks of little walnut creek. Now, I know on your agenda today you have something about big walnut creek, we are talking about little walnut creek. We spoke to members of the watershed protection department and we were told that since most of the trash -- we are talking -- you may not be able to see it, but we are talking batteries, we are talking tires, were on the bank, it was the owner's responsibility to clean it up. Our question, we question -- do I need to put my tie on it?
>>Garcia: do not have three mikes for us. [Laughter].
>> Okay. Where was I? since we are going to raise the drainl utility fee, we are all under the impression that the drainage utility fee and I think they told me that it's about $8 million of that was for cleaning creeks and stream, we would want them to use part of that money to clean that up. One of the pictures, I don't know if you can see it very well, have the drainage from -- from the car wash going through all of this trash down into the creek. And if I -- if I remember correctly, when Councilmember -- former Councilmember reynolds was was on the Council, he said that that you all had passed an ordinance that treated all of the creeks alike, I mean a watershed ordinance, I asked them what does that mean? he said, well, the bull creek ordinance and the little walnut creek -- bull creek watershed and little walnut creek watershed would be treated alike. Councilmembers and Mayor, if -- since we get -- like I said our drinking water for the bull creek watershed, if -- if that be the case, if you all are treating bull creek like you all are treating little walnut creek I am disappointed in you all. Because I drink six glasses of water a day and I wouldn't want water that goes through a filtration plant, but goes through where batteries and old tires are for me to drink it. Thank you for your time.
>>Garcia: thank you, Mr. Willis. Mr. Mike hyde I am sure will be issuing a report on that to the Council.
>>Slusher: Mr. Willis, did you say that your impression is that the car wash is running water straight into little walnut?
>> I know they are. You couldn't see -- I'm sorry for the -- some of the pictures. But the water goes straight from the pipe from the car wash vait down to the stream.
>>Slusher: okay. I would like to have the department look into that and what the City's policy is on that. Thank you, sir.
>> Yes, thank you.
>>Garcia: Mr. A.n. Delgado, followed by Mr. Robert hecker, Mr. Richard Troxell.
>> Mayor pro tem, members of the counsel, I'm amando real. I recently got back from the bosnia area, been trained to do a lot of different things, but at the same time when I got home three weeks later I stepped off the curb here and got a ticket for skwai walking. -- Jay walking. I don't have a problem with paying the ticket or anything like that. My problem here is that we need right here in front of this building we need a mid block cross walk. You people, everybody that's sitting in here gets out of this building goes straight to their car where you cross, it's up to you. We never use the two corners. Or if we do, that's great. We need to use it. Me personally, I go to the corner now. Okay? after about $106, if I have to pay it or whatever. But with the amount of traffic that we have coming in, our customers coming into the building, our people that are here in this -- in this auditorium here, going out of the building, they are going to take the quickest and the shortest route possible. So we need to make it safer or we need to look at it as how we can make it safer. That's all that I have, very simple. Thank you.
>>Slusher: Mayor pro tem.
>>Garcia: Councilmember Slusher.
>>Slusher: Mr. Delgado you got the ticket here at Council chamber.
>>Slusher: I sent a memo to the police chief yesterday ininquiring about this. Because first of all, I would agree with you the cross walk could be useful there. But at the same time if we are going to have cross walks to try to protect pedestrians, I think then we are going to need to enforce the laws on cars stopping for the cross walks, to me that's a better way to protect pedestrian safety than issuing jay walking tickets. I also said in this memo, I am waiting to hear back, I just sent it yesterday, but that if this attempt to keep the day laborers to a certain portion -- to the day labor corner, then there are other ways, I think to do that. If it's to ticket the people picking them up. This is something that I am going to be looking at, the Council is going to be looking at, because I was a little disturbanced by the rash of jay walking tickets.
>> Rightfully so. We deserve it. We break the law, we deserve it. But that's -- the issue is how can we best protect the people that are coming out of that parking lot and doing business here? or the employee that works here going over there with a lot of things on his mind and what have you, but we do what we have to do. We can make it safe fore the citizens, the better off.
>> I think that you have a real healthy attitude about that, I appreciate it.
>> Thank you, appreciate it.
>>Garcia: Mr. Robert hecker. Following Mr. Hecker is Mr. Richard Troxell who is the last speaker in the citizens communication general.
>> Good afternoon, Mr. Mayor pro tem, Gus Garcia and Council Councilmembers. My name is bob recollection hecker, I also was issued a jay walking ticket along with Mr. Delgado, I am here to request we put a mid block cross walk in front to the north side of the parking lot. A couple of things that Mr. Del god do didn't state, when I entered the cross walk that I do now, the traffic coming off of Cesar Chavez and coming across the bridge, if they get the green light, they are coming pretty fast through there, I don't want to be close to that intersection when they make the turn on to lavaca here, the mid block cross walk I think would be great. At least 50 or 60 feet to get out of the way. Another statement is, I would like to make is, a lot of day camp -- day worker people is always across the street over here. Bringing all of the women down to the cross walks, I see a lot of them being harassed, a lot of the women down here with all of them day workers standing out there on the sidewalks at the intersections. Another statement that I would like on to bring up is the trees particularly down at the corner of lavaca there. If you ever walked in the cross walk, you see quite a mess over there from the birds and trees, I don't want to walk through the mess, I don't want to walk under the trees and be dropped on. You know? so -- in regards to those three statements that I made, I think it's a good point that I brought up in regards to the day camp, intersection being dangerous, cars coming around and the mess with the birds under the trees there. I think we do need a mid block cross walk. Thank you very much.
>>Garcia: thank you, Mr. Hecker. Mr. Richard Troxell.
>> Good afternoon, I'm richard Troxell, president of house of homeless, I would like to talk briefly today about a fair living wage. The people in this picture are at the day labor corner attempting to get jobs. The jobs that they are going to get are going to pay them less than the amount money it needs for them to actually end their homelessness. There is something wrong with that picture. The minimum wage is $5.15 an hour. It takes about twice that to get a one bedroom apartment in the City of Austin. We are part of a larger campaign, the Austin living wage coalition is meeting on june the 28th, at the AFL-CIO building, that's theirs a ground swell that is being created in this City in the effort to move towards a living wage. I have just returned from boston where ted kennedy met with 37 different delegations from around the United States where we heard the successes of five different living wage campaigns around this country in different municipalities, boston and san francisco included where the municipalities have moved to pay their employees, City employees and those that contract with the City a fair living wage. The county in this travis county here has moved to $7 an hour, we are asking that the city raise the bar and mo e to at least $7.39 an hour, the amount necessary to meet the premises that if you work a 40 hour a week, you should be able to access housing. This is a fair, moral issue. Certainly a way to help us house our homeless. According to the national statistics, 46% of the working population around the country are working, 46%, but still homeless, that's because of the wage that they are earning is not sufficient in the cities in which they live to help them access housing. It's not fair to burden certain employers that pay a fair wage with paying not only that fair page, but paying the wage for the other -- paying the page for the other employers that aren't paying the fair wage. We would like to see the City set the standards, set the mark, raise the bar, we are working with university of Texas staff association in their efforts to take their 250 people that work there off of food stamps. This is unconsciousable that you and I as citizens are paying to subsidize people when we need to ask businesses to pay a wear faij for a fair day's work. Please support the living wage campaign that is being launched. Join us at the AFL-CIO building june 28th at 10:00 a.m. This is a groundswell, not in this City, but across the United States to stand up and do the right thing. House the homeless. Thank you.
>>Garcia: thank you, Mr. Troxell. That's all of the speakers that we have in the citizens communication general. I am going to go back to the approval of the minutes. The minutes for april 22nd, 1998 are not ready. So this motion will be to approve the minutes of the meetings of may 20 and 21. Correct? I will entertain a motion then.
>> Move approval.
>>Garcia: motion by Councilmember Spelman. Seconded by Councilmember Lewis. All those in favor signify by saying aye. Appear possessed no, motion carries. Opposed no, motion carries, now to the squad. The following items the consent agenda the following items are still on the consent agenda. Items 12, 14, 15, 16, 18, 19, 21, 22, 20 is going to be toast ponied until july the 28th, 21, 22, 23, 24, 25, 26, 27, and then items 43, 44, 46, and 47 are also available for consent, those were discussed pursuant to the open meetings act at the -- at the executive session and I will read them into the record if any of you want to pull them, please let me know. Item no. 4 3, Approve settlement proposal in michael whuber et al, versus jo ann adams, do, et al, cause number 97-00758 in the Travis County district court. That's for $50,000. City attorney correct me if I am doing this wrong. Item no. 4 4, Approve settlement proposal in jerry neuse and rose neuse versus the City of Austin, et al, cause number 95-11258 in the Travis County district court. That's for $49,000. If I indicated earlier, 45 has been pulled off the agenda. Item no. 46 Is approve a resolution authorizing accusation of 0.548 acre easement for a su bterranean tunnel, 1.476 acre and.556 acre temporary work space, stake are staging and stockpile easement of the daniel j Bill getter survey number 8, located at the southeast corner of lake Austin boulevard and red bud trail with additional frontage along kermit, nocona cove, memphis street, and lufkin street from the board of regents of the university of Texas at Austin, for the ullrich medium service transmission, not to exceed $149,230. Not to exceed applies because st lease payments -- the easement payments will be paid on a monthly based -- basis based on the number of months we need to be there. Item no. 47, That's -- I will correct that in just a minute. Item no. 47 Is approve a resolution authorizing fee simple acquisition of approximately 12.4 acres out of the henry p hill league survey number 21, located on the north side of red bud trail, west of and add jaisz sent to Town Lake, from the board of regents of university of Texas at Austin, for the ullrich water treatment plant expansion project. And that amount is for $65,500. And is there any -- are there any requests to pull any of those items? dlarb Mayor pro tem, I think you read 13 as off and 19 as back on. It was the other way around. I put 13 back on. But I would be willing to put 19 back on if I could get a couple of questions answered right now. [One moment please] why does it cost so much? this is basically for a sidewalk ramp. I know it's a high sidewalk and it just seems so high.
>> Councilmember Slusher, my name is peter rieck, the director of Public Works and transportation and I don't know whether the camera can pick this up she but bufkly what we will have to do is pleelts demolish what exists and extend the curb out about the width of a car in order to accommodate the development of ramps that go up. There is a determining factor and that's the level of the entrance door to the driskill and so this provides for a new entrance to the driskill, it provides for ramps that then allow a person who would be using a wheelchair, for instance, to get also to the driskill entrance without having an obstacle in the path and it's extended -- it's not just this corner, but it extends to the alley on sixth street, on sixth street and it also extends up on brazos. So it's a fairly extensive project. Part of the cost is also driven by the need to the some utility adjustments through the storm sewer system and also to the traffic signals and another cost driving factor is that to some degree the paving material is granite. This was worked out with the historic commission, the downtown alliance, the driskill and it's a relatively expensive paving material and so that's -- I'm not saying that that is what makes it so expensive, but there's a number of factors that altogether make this a relatively costly project. But as you also may recall about two years ago we had some budget discussions with adapt. They were concerned very much about the cost of this project and -- but we worked with them and they accepted this as a beneficial project, in part because Council a -- proved very generous in setting the budge et cetera for the last two years for the ada curb ramp programs that we have.
>>Slusher: and the contingency on this, is that all from the City?
>> yes.
>>Slusher: okay. All right. That's all my questions, Mayor pro tem.
>>Lewis: I have a question.
>>Slusher: I'll put it -- yeah I'll wait.
>>Garcia: Councilmember Lewis?
>>Lewis: you said it's going to the alley on sixth street and to the brazos. Why the total distance when you only have one entranceway -- entry into the driskill?
>> well, at this point in time if you are going west on sixth street and you reach the alley that's adjacent or that's adjacent on -- to the driskill hotel on its western boundary, at this point in time, that in and by itself is not a handicap accessible curb and so we have to including that in the project in order to bring that down to a level where we can then have ramps on both sides of the alley so that a person in a wheelchair, for instance, can also cross the alley and then continue. You may recall in the '80's the City redid the entire sixth street corridor. This was the only section that was not done because at the time it was too expensive to do it and so once this project is complete, we have a complete handicap accessible corridor on east sixth street between IH-35 and Congress avenue. This is so to speak the missing link.
>>Garcia: other questions?
>>.
>>Slusher: Mayor pro tem, we) had someone who wand to speak? someone who signed up or something.
>>Garcia: okay. Is it in the consent agenda?
>>Slusher: yes, it's on this particular item zr does somebody want to speak on the consent agenda? could you come up? if you could give the information on the cart. There's a mic right here that's available for you.
>> Oh, okay. I saw the one underneath. My name is mary kay sanders and imd normally have made it here on time nod to follow the procedures. I'm a great believer in a policy and a process, but new 19, I'm not able as an individual citizen to have it withdrawn, but I would beg Mr. Slusher because he has a question already to at least have it withdrawn. I have worked and lived around that corner of sixth and brazos. You are going to construct a work of art. It's going to be beautiful, it's going to be perfectly accessible, but the bottom line is that there are three other fully totally usable accessible correspondencers at that intersection. The majority of people with disabilities that will go out will not be needing to use that corner because numb one as they come down from 7th street the inclean is too steep so they couldn't go up that direction. As they come from Congress avenue going east on sixth street, there is an alley within the ramps on either side of the alley are not in code or accessible. Those particular issues are not going to be resolved with the monument to accessibility that is designed. It's a beautiful work of art, it's a huh mung Gus waste of money. I would beg you, sir, please consider, the reason today that I am late is because I got off of the closest bus stop, bus 3 on Colorado after second and I had to wait there over 20 minutes for a stranger to come by and assist me from a inaccessible bus stop. We had to wait until a bike ranger came and escorted me down the street with the traffic at our backs to get to this place of business today, a public place that all citizens need access to. I beg you to take some of that money and make a fully accessible route to this place from the closest bus stop. I had to come with traffic behind my back, a bicycle ranger behind my back. He had to get off of his bike and assist me up the ramp at the corner. I would like to throw in my support for a mid-street crossing because the ramp in the middle of the street is accessible. The ramps at the corner are a hazard. A person independently cannot go up or down one of those ramps without falling. So that is probably more than my three minutes. I know I didn't meet your criteria and I do apologize.
>>Garcia: you still have about 30 seconds.
>> Well, I'm a great believer in saying what I need to say and giving you time for more important things. Thank you.
>>Garcia: thank you very much. Councilmember Slusher? do you want to leave this item on the consent agenda?
>>Slusher: Mr. Rieck, let me ask you a couple of questions. That was certainly compelling testimony. Now, you talked about adisappoint. Tell me a little bit about the negotiations with adapt on this because I think the group had very similar concerns to the lady that just spoke.
>> Well, we have funding for a lot of the needs that are in the downtown area and as you know, our current budget is $1 million for this year for curb ramp improvements throughout the downtown area, I mean throughout the City. We are working with adapt on prioritizing where those funds should be used in order to provide the most critical needs for accessibility throughout the City. And so we had worked with adapt in determining or at one point in time we have agreed with adapt that this project would be beneficial. Albeit with the reservation that it is very expensive and they basically made it contingent upon my commitment to ask Council tore continued funding for the curb ramp program and I've been very lucky that Council was even more generous than I asked at the time and added an extra $150,000 to the $850 we had requested. Again, we are working on all of the needs, but it will take some time to get through all of the critical areas in town. This was just one major element that was pretty much the missing gap in the sixth street portion and it was deemed worthwhile project and adapt did agree, although they had the same concerns about cost.
>> May I use my last ten seconds to respond? I love people in adapt. Adapt has some wonderful people there. It has become a political threat to most people trying to do any kind of government or business. I'm not here to put them down. I'm here to demonstrate that as a political entity representing many people, just as a union would represent people, they have bargained at the table for future funds for accessibility. I cannot stand here with you today and say please don't fund further accessibility, but I'm not willing to spend $600,000 plus for future accessibility funding. I'm saying let's take care of the home first. I can go to sixth and brazos today, tomorrow, the rest of my life, and I can get wherever I need to go, to the hotel driskill, it's historic. This feature, this monstrous art object that you are going to create will some day become historical. But wouldn't it make more sense to make one accessible route so that your citizens can get to your door? thank you.
>>Slusher: Mayor pro tem, I want to say to the speaker, I'm likely to support this. I think it makes sense to have very attractive infrastructure sidewalks, in your downtown central district. I would request, though, I think she has raised some good points. I would appreciate a week to look at it a little closer if the Council can go along with that.
>>Garcia: there's a request to postpone item 19 for one week. Any objections?
>>Lewis: I would like to ask one more question.
>>Garcia: Councilmember Lewis?
>>Lewis: Mr. Rieck, you say this project is $6 12,000?
>> uh-huh.
>>Lewis: is that out of the current budget?
>>Garcia: $621,000.
>>Lewis: what's the City's portion of it out of this?
>> the City's portion is $290,300.
>>Lewis: so we're spending one-third.
>> A little less than half the bill, yes.
>>Lewis: we're spending one-third of our budget on this one project, because we only had $700,000 we said we was going to spend $300,000 for engineering.
>> That's not quite correct. This project has been funded not just out of this year's project but the design dates, we started the design efforts two years ago so it's been funded through several budget years and our budget has been for the last two operating years $1 million each so it's been two million plus 850,000 for the previous year so we had about two million 850,000 that covered the spanned of this project as far as overall funding. Specific for ada improvements to ramps and sidewalks.
>>Garcia: not just this?
>> no, no, I mean this is the overall program and we have a lot of activities going on throughout the City in order to continue to provide for better accessibility. And to respond to also -- also to the issue around this building, we have looked at this and are considering what kind of improvements are possible. The difficulty is that there is a lot of discussion about how long the City will be in this building and the cost of those improvements relative to the continued use of this facility is something that we haven't resolved at this point in time. But we are aware that improvements certainly would be beneficial for access to this facility.
>>Garcia: Councilmember Spelman?
>>Spelman: if I could continue for just a minute, I imagine when you started figuring out how you wanted to spend that two million 850, huh a list of projects and this was one of the projects that was on the list. Obviously it was high enough on the list that you decided you wanted to fund this one. What are we not funding by doing this project? what are if next few projects on the list?
>> well, there are really typically -- and I can't specifically answer the question, but we don't necessarily have prongs that we address -- projects that we address very long in advance. We created along with adapt a list of highly important improvements to the sidewalk and pedestrian infrastructure with regard to ada accessibility. And we are basically going down the line as funding is available to work on those items. And sometimes we get requests from citizens on specific intersections and we look at those and if they deserve a higher priority, then we include those and take care of them first. But it's an ongoing program. It's not really something that's time limited and there's a set number of programs or projects or corners we are going to do this year. It's flexible. And the difficulty that we will have in the next few years is we've done most of the easy work. Most of the level sidewalks where we can just put a curb -- a curb ramp cut at the corner are taken care of. It's becoming increasingly more costly to do the ones that haven't been done yet because they always were the ones that required higher costs. So does that answer the question to some degree?
>>Spelman: it answers it by not answering it which is sufficient. If I were in a wheelchair and I wanted to get to the driskill hotel. In the absence of funding this project, would I be able to get to the driskill?
>> yes, in a circuitous way you would be able to get to the dris kril.
>>Spelman: describe that route.
>> I will. I can.
>> If I may yield the answer.
>>Spelman: I will happily is person who most likely will have the answer.
>> I didn't intend to take the whole afternoon. My best route is to come from Congress because the only alley ramp is on Congress and sixth at that alley. It is not an a da ramp, it's a dolly ramp. I'm sure you know what I'm talking about. Some of us are brave enough to go, though, it's very slow. If you are coming from Colorado, you are coming from Congress, you are going east on 7th street, you go at a inclean, there is no ramp at the alley behind the driskill. You go up to the corner of 7th and brazos, you are on a inline of about 45 degrees going down two blocks or well half of that block to the front door of the driskill. You can get there safer by going up sixth street, going up the dolly ramp. It's still less expensive to fix a dolly ramp into an a da ramp at the alley than it is to make -- what it is is this corner involves stairs, and under the stairs -- and I'm not trying to be a smarty, but I have been working on this project for three years ago, trying to get ramps at the analysis. Under the stairs is a vault, an historic vault, and that's why the construction is so expensive. And it has been three years in the making and it is a brilliant example of partnership building or policy. I don't want to disappoint capital metro or the City or the state or whomever, but I am saying I don't believe it's as high a priority as coming to see you every week. Thank you.
>>Spelman: and what you are telling me, ma'am, is that there is no ada approved method of getting to the driskill now?
>> which is why adapt supports making it ada accessible. There is access and there are ways to make that access more ada accessible at the alley.
>>Spelman: on so the real issue is not adding a new ada approach to the dris cal. Two others that are already available, it's providing for the first time ada access to the driskill. The question is what's the best way of getting there.
>> And it is documented that adapt did not want the $600,000 art object, but they bargained, they backed off from it with the promise only a future -- of future funding for accessibility. It's a purely political move.
>>Spelman: thank you.
>> Thank you.
>>Lewis: I have one other question. Mr. Rieck, (inaudible).
>> Yes, sir.
>>Lewis: isn't it required a permit to bring the building to ada standards, including the sidewalk? if you get a permit to do a single family house, you are required to provide ada accessibility.
>> No.
>>Lewis: you are not?
>> no. On public buildings we would have to -- wld be required to bring them up to ada standards. For the driskill corner, the building permits basically -- and I'm not -- well, let me put it this way, I don't know whether the permit would extend to the outside of the building if the reconstruction is entirely on the inside. So I cannot answer that question definitively for you. But I also would like to point out that this project is not solely ada project. This is the final part of the -- as I said earlier, of the sixth street improvement project that we did in 1992 at $2.8 million this. Is in essence the missing piece. I also would like to point out there are some safety concerns about the corner as it currently exists. I have been there myself when sixth street was closed and there were concerts and there were droves of people standing on the sidewalk and I've seen a number of people fall down from this three to three and a half foot drop that goes straight down. In addition you have the relatively car verness inlet's for drainage. There is an element of safety we're also trying to address with these improvements so it's not solely a ada project, it's also a project that provides for some safety improvements, it's something that finishes that Council had wanted to do for a long time and indicated it through the original improvement project in '92. And this was also asked for in cooperation with others by the downtown alliance who has supported this project and has worked with us on the development of this project.
>>Lewis: all right. Ms.n glascow, could you ask a question for me, please? when you get a permit to an entity like the driskill, when they get a permit to remodel, are they required to do ada accessibility? or do you know?
>> well, I think on remodeling it -- I would think that with our requirements my understanding is for ada requirement there is a straight process they have to satisfy so in some cases yes, we do coordinate for the ada compliance bh we give building permits.
>>Lewis: all right. Well, during the next week I would like for legal or someone to check and find out because if the downtown alliance is in agreement with this, then I think they should be part of the funding. So since they do get money for downtown improvements.
>> I know I've spoken, but the reason the town town alliance agreed or pushed it is because I was working at southwest tower and my boss was pressing for. [Inaudible]. And I could not get from my workplace to the bus stop without going through the alley, literally. So the -- he as president pushed them to make sixth street accessible, and instead of changing the analysis, which is what we asked -- alleys, which is what we asked they created a beautiful work with trees, bushes, et cetera, and that's why the downtown -- the downtown alliance was the voice three years ago and initiated this.
>>Lewis: thank you.
>>Garcia: going through the agenda, the consent agenda again, item no. 12, Item no. 13, 14, 15, 16, 18, 19, To postpone for one week, 20 to postpone until june 25th, 21, 22, 23, 24, 25, 26, 27, and that -- indicate on item 27 this is for second and third so if there is not more than four votes on this one, it will be only on second reading. Unless you all want to indicate at this time.
>>Slusher: Mayor pro tem, show me voting no, please gril and also me, Mayor pro tem.
>>Garcia: Councilmembers Slusher and Griffith are voting know so if it passes it will pass on second reading only. That's item no. 27. Item no. 43, 44, 46 And 47, previously I announced that item 47 was for an amount of $65,500. Mr. Mcneil? larry? larry mcneil. Actually I misread this number. The appraisal is $68,500 and that's the amount we're going to pay on item 47. Those are consent items. Is there a motion on the table --.
>>Lewis: Mayor pro tem would you show me abstaining on item 12? because of conflict of interest.
>>Garcia: okay. Councilmember Spelman? it's about time we get a motion on the table. I move approval of the consent agenda as read.
>>Garcia: okay. I was going to ask you if you were going to abstain on any of the items.
>>Spelman: I have been advised although one of the items refers to the university of Texas, I have been advised by our legal counsel unless it applies to the unit of the university of Texas of which I am a member, I don't need to recuse myself.
>>Garcia: motion by economy Spelman. Is there a second?
>>Goodman: on item 27 I had asked for a response on the ponding long ago and I just now was looking through my green pages to see if there was an answer somewhere and I really never have gotten an answer. Is there any way to take 27 out?
>>Garcia: postpone it? item 27 is consent for one week postponement.
>>Spelman: actually we would only be voting on that on second reading only so we're going to be defacto postponing a final resolution until next week anyway.
>>Goodman: yeah, that's true, but I just -- well, I mean I'm still in the dark about whether I'm okay on doing this so --.
>>Garcia: the point is she's not quite ready to vote for second reading. Okay. Further questions, comments? all those in favor? opposed? motion carries. The vote is six to zero to one with Councilmembers Slusher and Griffith voting no on item 27 and that item passing only on second reading.
>>Slusher: I thought we changed that to postponing a week.
>>Garcia: that's correct. I'm sorry.
>>Slusher: then I would vote yes.
>>Garcia: I went back and forth on this. [Laughter]. All right. The item no. 27 Is passed as postponement for one week. I'm getting rusty on this job here. I need for the Mayor to leave more often. Item no. 17, Councilmember Lewis?
>>Lewis: thank you. My question on no. 17 Is that -- and the answers that I got that will benefit st. Edwards university in the future, my question is if it's going to benefit them in the future and may be able to use this drainage, why do we have to pay them for the easement -- not the 5 point -- what is it 5.5 acres plus, but why the payment of construction easement? and what will they return to us once they -- when they construct buildings on their property where they have to -- where they are required to use this drainage?
>> Councilmember, I'm mike heights director of the watershed protection department. The estimate, the appraised value for this property was approximately $750,000. There is some benefit from st. Ed's, st. Edwards, for this because as they do some additional construction, this pond will be designed in such a way that they will not be required to do a detention pond as a result of that. But we negotiated with them and were able to negotiate a selling price of $595,000, so approximately a $200,000 savings from the appraised value. So there is some benefit to st. Edwards, but as you know, when we try to do in-fill for regional storm water areas in areas that are already developed, it is difficult for us to find property that is not already 100% developed. So we did negotiate with st. Edwards, while we propose thd idea to the did not come to us. This will assist us with the and it will be maintained inno
>>Lewis: with the state improvement of south Congress is the state -- is any state funding being an aplid?
>> Councilmember, at the time this was developed when the state was doing, was planning for this redevelopment of south Congress, at that time any water, any drainage off of the project, the City was responsible for. As you know, in the future we're changing that on our negotiations with the state, but at that time that was the agreement.
>>Lewis: well, if -- if this wasn't done, then the -- what is the estimate it cost of the detention that st. Ed's would be required to do in the future? depending, let's say that they -- and I'm sure they have a long range plan on the construction of the buildings.
>> They do.
>>Lewis: what was the projected cost for their detention? was that --
>> I'm trying to -- I don't think I have that specific information, but one thing, not all of the development that they are going to do is going to drain in this area. As you know, where their administration is is a break in the drainage. So from that point toward Congress will drain into this area, but from the administrative building toward the other side, toward I-35, that goes into a different watershed. So the amount that was a relatively small pond and I can get that information for you. I don't have that with me.
>>Lewis: no, what I'm trying to put together is if it's -- once this is in and we pay them approximately $600,000, once it's in and then they do construction, they don't have to -- they are not -- they won't be required to -- to do any retention; is that correct?
>> that's correct.
>>Lewis: or put up any money for retention pond.
>> We will be able to work with them, that's correct. Anything that would drain toward Congress on that side of the campus. But all the development on the other side, which is where the bulk of their development is going to be, that's a different watershed and would not be used in this pond.
>>Lewis: well, and I don't know what they -- what the future plans of the university is, but if they increase their development on this side where it drains into this pond, what problems would it cause since we've made an agreement that they don't have to have a retention pond?
>> this pond is size to do take any runnoff that they would have in the future. If you look at the campus itself, with this pond going in place, you look at the other available areas for development, it will be very limited. There is one building that's being planned behind the current administrative building where the parking lot is and that's about all the land that's then available. Most of it will then be taken up. When you put this pond in place, you look where the indoor swimming pool is and look at the other campus builds that that area that would drain in this area.
>>Lewis: all right. All right. Thank you. That's all I have.
>>Garcia: is there a motion on item no. 17?
>> Move approval.
>>Garcia: motion by Councilmember Spelman seconded by --.
>>Lewis: I'll second the motion.
>>Garcia: Councilmember Lewis. Further questions? one question, mike. Is this going to do anything for the problems that -- that are in the east bogey creek runnoff that -- I guess most of that runnoff comes out of ben white, right?
>> (witness nodded head.).
>>Garcia: this doesn't do anything for that?
>> this is the only tunnel that is passed the alpine pond and that dumps I this it's in light see that dumps into the creek itself. This will not pick up that. But we will pick up the water that will be running off of the reconstructed Congress avenue, so instead of adding to the problem that we have there, we will be reducing that.
>>Garcia: if we didn't do this that would exacerbate the problem on bolin creek?
>> absolutely. Absolutely.
>>Garcia: those in favor say aye? opposed? motion carries on a vote of six to zero to one. Council, that's all the items that we have until our 4:30 time certain so I'll entertain a motion to recess. Motion is recessed -- meeting is recessed until 4:30. All those in favor? opposed? motion carries. We are recessed until 4:30.
>>Garcia: being a quorum of the Council, either in the chambers are right close, I am going to call this meeting back to order. And we are at the 4:30 p.m. Zoning hearings. And approval of ordinances section. Ms. Glass company.
>> Good evening, Alice grass come, City staff to present the zoning cases today. We start off with item no. 28. That item will be discussion, I am just going to for now offer the postponement items and those consent items and then come back to the discussion items.
>>Garcia: 28 is discussion?
>> I think there was -- there was some questions earlier on, maybe -- if there isn't anyone signed up to speak, I can offer it as a consent item and then respond to some questions that were asked by Council last week when we postponed the case.
>>Garcia: nobody signed up today.
>> Okay. Councilmember -- okay.
>>Garcia: there was also an indication that this may be reading and will attempt to resolve the right-of-way issues between now and second and third readings.
>>Garcia: okay. So that would be a discussion item then.
>> Councilmember Slusher has some questions on that one. So it will be a discussion item item no. 29, The applicant is requesting a postponement to june the 25th to resolve a few issues before they can proceed to a public hearing in second and third reading. This is the applicant's first request and it was received -- this was received timely. Item no. 30, The neighborhood association is requesting a postponement to july the 9th. Both the -- the neighborhood and applicant concur with the postponement request. This is to continue to resolve some concerns. Item no. 31, Case c 1498-0029. The applicant is requesting an indefinite postponement. St policy indicates a postponement is limited to two months, unless Council waives that and specifies a specific time and date, however the applicant has volunteered to pay a renotification fee, which would address the concern that we might have.
>>Garcia: we have three people signed up on that one?
>> on 31?
>> the applicant is requesting to delay the case to -- in order to resolve outstanding issues.
>> Mr. Riley here? the applicant has asked for an indefinite poegs poniment. Do you still want to discuss the case today? okay. Larry garrett. The -- is it okay with you, the applicant has requested an indefinite postponement. You still want to speak? Mr. Bob leonard.
>> Yes, sir, I am confused as to why the applicant is requesting an indefinite postponement.
>>Garcia: is the applicant here?
>> I don't see the applicant here but I can read into the record the letter he sent to us. He says there has been a set of serious business complication that's involve the subject tract. The applicant feels that it would be pursuant to delay the zoning change unless these business issues are finalized. So he indicates that there's a few things we needs to resolve. He needs to resolve. He will be -- he was agreeing to pay a notification fee at the time he was ready to proceed with the zoning case.
>> Mr. Mayor pro tem, I have a question. There's some confusion among people who live in the neighborhood whether or not the applicant has amended the original request for a gr.
>>Garcia: the --
>> the applicant is still in agreement with staff's recommendation for lo, limited office can a conditional overlay. With a conditional overlay. He would like to amend, he uses different terminology, he will abandon the request for gl zoning. In essence they are amending to limited office. But would request a postponement.
>> In -- for the record, my name is bob leonard, I am speaking as a -- as a representative of the balcones civic association. As long as the applicant is
>>Garcia: it's not lr, it's lo.
>> Lo, excuse me, thank you. As long as there will be the normal renotification of -- for the rezoning, we have no objection to the -- to a delay.
>>Garcia: we will postpone this indefinitely. And the notification will be done and the applicant will I guess pay for that?
>> that's correct.
>> Okay. In fact the neighborhood will know precisely when the next hearing is going to occur so they can be present.
>> Excuse me, Mayor pro tem. I would like to say one thing, I don't know if this is the proper location. I have been trying to contact these people, one of the reasons that I am against it, no return phone calls, the people that they have listed ron ree, they say they don't work there.
>>Garcia: yeah, ms. Glassco has a letter from them.
>> Mr. Guernsey has just handed a copy to Mr. Leonard, we will be pleased to hand you a copy.
>> Thank you.
>>Garcia: okay. So this item no. 31 Postponed indefinitely.
>> That's correct. Item no. 32 Is a consent item. Case c 14-98-30 located at 1535 south lamar boulevard, the request is from general commercial services to cs-1, which stands for commercial liquor sales. The Planning Commission recommendation was to grant the request to commercial liquor sales well -- as requested with conditions and the case is ready for first reading. Them number 33, case c 14-98-38 located at 606 rio grande from community commercial to central business district. The Planning Commission recommends that zoning change and the case is ready for first reading. Item no. 34, Case number c 14-98-42, located at 1910 west Koenig Lane from single family 3 to lo, which stands for limited office. The plan commission recommendation was to grant the lo zoning with a condition of right-of-way dedication, this case is ready for first reading. That concludes the consent items Mayor pro tem.
>>Garcia: okay. Let me go over the items at this time certain of the meeting. Item no. 28 Is a discussion item. Item no. 29 Is -- request for postponement until june 25th, 1998. Item no. 30, Is a request for postponement until july 9th, 1998. And the 31 is postponed indefinitely. Item no. 32 Is consent for first reading. 33 Is consent for first reading. And item no. 34 Is a discussion item.
>> Actually, 34 the applicant is not here. He had indicated -- he has now arrived. We checked earlier on and the applicant has nottive -- the applicant has now arrived, so we will discuss the item.
>>Garcia: we have one speaker on that one. I will entertain on motion on the consent items. Motion by Councilmember Lewis, seconded by Councilmember Spelman. Councilmember Goodman?
>>Goodman: I was just making a motion.
>>Garcia: discussion on the consent agenda? motion carries. Hearing none, all those in favor say aye. Opposed say no. Motion carries. Item no. 28.
>> Mayor pro tem and Council members, item no. 28 Is case number c 14-98-27. The property is on 2222. The request is to change the zoning from interim single family to community commercial. The Planning Commission recommendation is to grant the community commercial zoning with a conditional overlay and the conditional overlay would be to limit the site to less than 2,000 vehicle trips per day and also that the applicant dedicate 75 feet of right-of-way from the existing center line of 2222 with an additional 35 feet to be reserved for future expansion of 2222. And we would like the -- that roadway -- right-of-way dedication reservation to occur prior to third reading. The site currently has an existing automotive sales use. The use was in existence prior to annexation, we just recently last december annexed the area for full purposes. It was in Austin City limits for limited purposes and has the interim zoning designation from a previous annexation. The use that is currently there would obviously -- with the zoning change would make is a conforming use. It's currently a non-conforming use, which is legal on our terms because once you have a use that is existence, upon annexation it is considered legal provided the use does not necessitate major changes beyond what was already there at the time of annexation. At last hearing Councilmember Slusher inquired about the existing impervious cover. It is at 56% impervious cover and that is what is existing. Should redevelopment occur obviously at some future date then whatever regulations exist at that time will be applicable to the redevelopment of the site. That concludes my presentation. The applicant is also going to make a presentation and show you a plan that reflect what's on the site.
>>Garcia: let me ask the Councilmembers if they have any questions. Councilmember Slusher I have one. That 56% would be higher than what's aloud allowed under the current watershed ordinance; is that correct?
>> under the current watershed the impervious cover is 45%, and 55% with transfers, so it's slightly higher.
>>Slusher: when you say they are having to comply with it, what would we make them tear up impervious cover if they did a new use there?
>> if -- obviously it would depend on what kind of development occurs. When that is initiated at some future date, if they maintain -- for example, if they were to maintain the slab and just add to it, then they could continue. Otherwise -- however, if they demolish the site completely and started from scratch, then we would like at our interim ordinance to determine whether use has changed to trigger new rules regarding impervious cover or not. So it's hard to tell what would be required at some future date because we don't know with certainty what would precisely be proposed at some future date and then to precisely tell you what might be the exact requirement.
>>Slusher: thank you.
>>Lewis: I have a question there. Ms. Glasco you said there was in the use prior to annexation.
>> That's correct.
>>Lewis: and the zoning is just to continue that -- the present use? is that --.
>> Obviously the zoning would allow more than --.
>>Lewis: but it would allow -- at the present time it's interim single family 2 and they want to continue to use the -- what was in effect prior to annexation.
>> The zoning that they are requesting would make the use conforming.
>>Lewis: right.
>> Also allow other uses that are currently not aloud under the interim single family two zoning.
>>Lewis: that's all that I have.
>>Garcia: okay.
>> You have five minutes.
>> Good afternoon, Mayor, Mayor pro tem, Councilmembers, I am amelia lopez phelps, I represent Mr. Joel smith and Mrs. Smith. The basis of our request for zoning is as ms. Glasco mentioned is we want to be in conforming use, as a little bit of background information, our client had submitted a -- actually began preparing plans for site plan to to improve the layout of this parking lot that he was using anyway, submitted that to the City of Austin actually in november, by the time we finished drawings and met with City staff prior to submittal. Again as we know we got annexed at the latter part of december. What we are basically doing is using the same area that was used before for parking lot. But -- aside from annexation, anything that's changed is we have submitted a site plan so that we can improve it, according to the City of Austin standards. I can't tell you how many spaces are there for the -- where the cars are parked, but we wanted to make the best use of the property compared to before when they didn't have this layout prepared by engineers. Mr. And Mrs. Smith have owned this property for quite a few years much I don't know exactly how many it is, but I know it's quite a bit. With the City's standard requirements, we have a detention pond, quarter wallet from the back of the property, which is the best location since it drains that direction and it also minimizes additional impervious cover if you extend a driveway to the back and put the ponds in the front. There's an existing building there on the left that's not shaded in. Which is owned by Mr. And Mrs. Smith, used as office for this business. Now as far as the right-of-way issue,: the staff recommendation included 75 feet right-of-way from the center line and 35 feet for reservation. We met several times with texdot and they have indicated to us very clearly verbally that they do not need that 35 foot reservation, they don't plan to have any kind of improvements on 2222. Our engineer is not here right now, who attended these meetings and my impression was that they also weren't planning any other developments that would require that additional 75 feet. Or the difference of that. Right now we have 100 feet of right-of-way on here, if I am correct, which would put us at 50 foot from the center line of right-of-way. So we are asking either at first reading or second reading, once we get texdot's letters in our hand and submit that to City transportation for review, that we not be required to dedicate 75 feet from center line, but 50 feet that already exist. That's basically what we are doing is bringing this into conformance and allowing us to finish our site plan of the we would like to go ahead and complete the site plan process with approval for this zoning.
>>Garcia: questions?
>> also we did contact some of the associations here, primarily river place when we first started this about two or three months ago, they didn't have any concerns or opposition to this project since they are familiar with it being in existence for a while, too.
>>Lewis: [inaudible].
>> My understanding, we would still have to submit the site plan to do any improvements on site. As far as right-of-way, I don't know the answer to that question. Either our engineer or maybe the City staff can --.
>>Lewis: [inaudible].
>> I believe we would still be required to do that during site plan without annexation.
>>Lewis: [inaudible].
>> Yes, sir, there's 100 feet of right-of-way, that would give us 50 feet up to the property line. As you can see, the very first parking spaces are right up to our property line. So if we were required to go ahead and have an additional 25 feet, we would lose a minimum of 8 spaces at use, but with the redesign and all of that, it may come out to all of that. Given the size of this project, I believe there's about 45 or 50 spaces there, we basically would be losing 10, 15, 20%.
>>Lewis: [inaudible] [laughter].
>> But we will come back at second reading with a letter from texdot. Texdot apologized, they have just been pretty overworked over there as the City of Austin has, they haven't had time to write the letter. As soon as we get the letter we will bring it to the staff for review.
>>Lewis: all right. That's all of the questions that I have, Mayor pro tem.
>>Garcia: Councilmember Spelman? did you have some.
>>Spelman: yeah, there's a 100 foot set back requirement for those on 2222, is that a building that you are constructing on the left there?
>> no, sir, it's existing.
>>Spelman: an existing building, it does not conform with the 100 foot set back or does it?
>> I don't believe it does. That's an issue that the engineers were going to be dealing with during site plan. If any variances are required, they would have to go back to Planning Commission for that.
>>Spelman: can you point out the reconstruction [inaudible].
>> Well, sort of a catch 22. There is but there isn't new construction. It's improvements to a site that's already been used. Some of it was paved, some of it had gravel. I can't tell you which spots had which, I just know that's where all of the cars were parked.
>>Garcia: get the mike. It's okay. Just talk into it.
>> Basically what we are doing is the cars were already parked in here, as a matter of fact they were actually parked at the back of the property. And this section right here, there's a cluster of trees that were there, we could have put on the corner, they are going to leave it like that. They have a land scape plan they are preparing also. Basically what we are doing is we have this circular drive here that exists already for the building. The cars were coming in in this direction and just parking them just along all of this property. What we are doing now is use thing area for the water quality pond, this part for the detention pond, it has a very, very slight slope, but it does drain to the back. And we probably could have done some cut and fill and put it in the front, but then you would have added more impervious cover for a longer drive. We just went the natural direction. We are going to head -- ahead and improving all of this area, they would have to go ahead and grade it and repave it and go through the normal requirements.
>>Spelman: if it's currently gravel, would that qualify as impervious cover?
>> well, it would be considered impervious cover, but it's not aloud as -- it doesn't fall under the City standards for parking.
>>Spelman: okay. So you are trying to improve it to --
>> right.
>>Spelman: and with the improvements, what impervious cover are you expecting to get to again after the improvements are made?
>> twam impervious cover, I called the engineers and they gave me an approximate 58%. I am saying approximate because until they actually give the final site plan in, they will be more exact, but it's pretty close to 58% if not less.
>> So you are about 56% now. And with the improvements it would probably go up a little bit.
>> Yes.
>>Spelman: okay.
>> Um ... Yeah, I just answered your question.
>>Garcia: mess glasco, to follow-up on Councilmember Spelman's question, it's at 56% and they are proposing to pave part of it; is that correct? and to go 58? how does that work in a situation of where they have only the rates owe on the regulations say 40% of net site area?
>> the information we have here was to -- was based on not knowing what information they have. As I indicated earlier in response to Councilmember Slusher's office, under the 1704 interim ordinance that the Council adopted in september, you gave people a certain window to proceed under old rules. Just now finding out from ms. Phelps presentation that she has worked up on -- we called last week to find out about the impervious cover, we weren't aware of how far along they were in putting a plan together. That my only assumption now without checking the records, that they would be proceeding under old rules that would allow them to be under the zoning impervious cover. So I need to find out what the first application was in the series in order for them not to be triggering the 40% impervious cover. I don't have that answer right now, I would have to research that and get back with you at second and third readings.
>>Garcia: okay. Further questions or comments?
>> what I need to do is assess which regulations are triggered under the interim ordinance and how and what the impervious cover cover is and what rules apply as far as impervious cover goes.
>>Garcia: further questions?
>>Slusher: Mayor pro tem, because I'd be interested in tying it to if the use changes to a lower impervious cover assist you talked about earlier, complying with the ordinances in place at that particular time when the use would change, and this complicates that a little further. I think along the lines of what you were just talking about that you would have to look at. So I am not necessarily attempting to clarify anything, I have some of the similar questions that ms. Glasco would have to look at in the interim if we approved it on first reading.
>> Motion to approve at first reading.
>>Spelman: I second that we postpone this for one week. Give ms. Phelps some time to get that letter from texdot.
>>Garcia: is that okay with everybody?
>>Slusher: sure, I will second that.
>>Garcia: motion by xhel to postpone for one week, seconded by Councilmember Slusher. All those in favor signify by saying aye. No same way. Motion passes on a vote of 6-0-1. We will be on the agenda next week. Item no. 34.
>> Mayor pro tem and Councilmembers, case number c 14-98-42, located a as 1910 west Koenig Lane from sf 3 to lo. The plan commission recommendation is to grant lo with conditions, the conditions are that the applicant dedicate 10 feet off right-of-way for the future explanation of contain anything lane. The applicant has Written us a letter indicating a concern about the requirement to provide additional right-of-way and what the applicant has indicated, I am assuming when she gets up to speak she will elaborate on her proposal, she has indicated that she does not have a problem with the requirement for right-of-way. She just wants to be -- to be assured, this is going to get a little -- request some legal discussion here, that the successors and sons of the property would be entitled to any condemnation awards in the future. Typically when we grant zoning, especially in this case, the property is going to be zoned single family 2. Within the block where this property is located there are 24 lots, 16 of those have previously been zoned and we have been able to have right-of-way dedicated so that in the future there would be some mitigation and mitigation in any given case for land use impact analysis, if you will, is as you intensify your zoning, you are obviously making the property more valuable. There are some impacts that occur with that zoning intense indication and there's some mitigations to occur in right-of-way acquisition. That allows for some of those mitigations to occur be it by the property owner or the governmental end tee. Koenig lane at some future date as we know the highway department has an interest in making some improvements, they are skporg options on what to do. All we know is whatever the final outcome might be of what happens to Koenig Lane, we know right-of-way is needed to make improvements to the roadway there. The Koenig Lane study indicated that office zoning would be appropriate to mitigate the change from residential to commercial from those who benefit from that intense indication land uses, we believe that it is appropriate indeed to provide some right-of-way so we can indeed provide those improvements that are needed to address the impacts. Having said that, I would like to let the applicant speak, hear her concerns, then marty terri from the law department can elaborate on the legal ramifications of this request. That concludes my presentation.
>>Garcia: thank you Alice.
>> First I want to thank for you hearing our request. We are pleased that the City has agreed to grant our zoning request. My only concern is this grangt of the right-of-way. It's been in plan since 1982 to recommend the agreement to grant commercial zoning when all of the different steps have been in place and they have been for some time. And so that's why so much of this area is commercial. We just kind of feel like that we have our little residence, it's my husband's residence, I am speaking for our family on his behalf, the situation is that we have a residential property in a commercial area. And so we don't really have the highest and best use of that particular property if it stays residential. We are not -- owe we are not able to do very much with it because who wants to live on Koenig Lane. You know, realistically speaking. My husband did until we got married, he doesn't live there anymore, but stays there from time to time to keep use of it and so forth. But at the same time, you know, we would like to be able to move it into commercial property. The problem is this plan for the road isn't our idea, it was already in existence, it's going to be in existence, the roads is going to go through whether you convert our property to commercial property or not. Our contention is that we shouldn't be the ones to have to pay for that. We feel like that our property is of lesser value because of the commercial use. If all of the other properties weren't around us as commercial, we could still use it pretty, you know, pretty cleanly as a residential property. But the City has been granting these commercial changes over years and so we feel like that now we are coming along, going along with what the City has done in terms of the area and it shouldn't be our place to have to go along and pay for the City to get that land. We feel like that should be something that should be divided equitably among the citizens of Austin, we don't want to have to give our land up. We ask you to reconsider. We will be happy to grant the right-of-way in terms of the legal side of it. We just want to be compensated equitably for what the value of the land would be at the time that that road goes through. That's our only request. Thank you.
>>Garcia: questions for ms. Hole com?
>> I have a question for ms. Blahs come.
>> While ms. Hol comb is up here, and I have question for her.
>>Garcia: Councilmember Lewis, ms. Glasco, then Councilmember Spelman with ms. Holcomb.
>>Lewis: the other properties zoned lo, did they dedicate the easement, the right-of-way? do you know?
>> yes, they did.
>> Some of them have, and some of them have not; isn't that correct.
>> The one his that our research shows within this block, 24 properties and from -- from 16 of the 24 properties in this block have dedicated 10 feet.
>>Lewis: is that -- I am trying to.
>> Typically what we --.
>>Lewis: drive to -- I can't read the -- the name of the street. Camino real. Those -- those 12 lots in that -- how many of them are -- how many of them is not lo?
>> here the --
>>.
>>Lewis: 3?
>> between that block you just indicated, you have the subject tract is the -- is zoned -- at least the one adjoining is on single family 3. The rest of the lots all have lo. The dotted line, heavier line shows the demarcation of where the lo, limited office begins and ends, then you have the subject lot and the adjoining lot that are still zoned single family 3. So all of the other lots have either office or retail zoning. The little arrows that shows the lots for the different zoning. It's a little crowded.
>>Lewis: all right, thank you.
>>Garcia: Councilmember Spelman?
>>Spelman: ms. Holcomb, at what point did your husband purchase the property?
>> it was his -- it's been in his family since the property was built. So that was 1940's.
>>Spelman: okay. So he purchased the property before the Koenig Lane study was done and before the City Council made its decision to --
>> yes.
>>Spelman: as a matter of policy.
>> He actually bought a part of the property from his sister because it's a family property that came down through his parents and so forth. But it's -- you know a portion of the property has been in his name by way of successes and assigns from his parent since it was built in the 40us.
>>Spelman: when did he buy the other section from your sister?
>> that was recently.
>> When the Koenig Lane study was adopted, did he come up and testify, did he have any say about it?
>> no, I don't believe so.
>>Spelman: thanks.
>>Garcia: ms. Terry?
>> the issue that has arisen is whether or not it is reasonable for the City to require dedication as a result of the request for a zoning change. And I believe that you all were handed a memorandum to antonio gonzales case manager from the transportation reviewer. George zapalac. Based upon mou re -- my review of that recommend dumb, it is reasonable for the City to require the dedication of right-of-way as a condition of the zoning change from residential to commercial along this -- along Koenig lane, it does meet the legal test for requiring right-of-way dedication. Obviously the decision is in your discretion. But as far as legal hurdles are concerned, it does meet the legal tests and the nolan and dolan case concerning takings.
>>Garcia: questions for ms. Terry?
>>Spelman: Mayor pro tem, I don't know whether this is a question for ms. Terry or mess glasco.
>>Garcia: ask it and they will tell you which one.
>>Spelman: here is what I want to know for anyone that can answer it. Since 1982 we've had request for zoning changes in this block and I think it was -- ms. Glasco mentioned 8, 16, I don't remember the number, I guess it was 16 of 24 have been rezoned. Have there been any exceptions to this policy of requiring additional 10 feet as a quid pro quo for rezoning?
>> not that I am aware of. I am not aware of any, I've been here since '84, I am not aware of any.
>>Garcia: the memorandum from Mr. Gonzales says the City has required dedication of 10 feet of right-of-way from 16 of the 24 properties in this block.
>> Correct. Those are the lots from both sides of the street where you have commercial zoning. I have not -- it's very rare, we have very few property owners request a waiver from right-of-way dedication.
>>Spelman: 16 out of 24. That means the others have not asked for rezoning?
>> correct. Because there's some -- those that have been rezoned, when you count the lots on both sides of the street between that block, you have 24 lots. Out of those, 16 have gone through a zoning change and then right-of-way required -- dedication.
>>Spelman: there's nobody on this block at least who has asked for a zoning change and not been willing to rededicate 10 feet?
>> correct. Not that we are aware of.
>>Spelman: okay.
>>Garcia: further questions?
>>Spelman: move to approve the Planning Commission recommendation.
>>Garcia: is there a second?
>>Slusher: second.
>>Garcia: Councilmember Slusher second the motion.
>> I have been asked to clarify that the -- our records that we have show from when the Koenig study was adopted forward to date, that's what we are certain of. But not prior to that.
>>Garcia: this is for first reading.
>> Yes, first reading.
>>Garcia: motion by Councilmember Spelman, seconded by Councilmember Slusher. Discussion?
>>Goodman: Mayor pro tem? I wanted to say that although I understand the issues of a residential property owner when everything seems to be going commercial, there's a chicken and egg thing here, that the reason we went to the requiring right-of-way as a condition of zoning is because too for too long we had streets we were never really able to I am approve because of having to go through the right-of-way acquisition process. It wouldn't be fair, I think at this point, to pick out somebody not to require it from. It would be very difficult to figure out what the criteria was by which you could justify requiring some and not others. So although I sympathize, I don't see a way to do it fairly here.
>>Garcia: any other questions, comments? all in favor, opposed say no. Motion carries on a vote of 6 to 0 to 1. I think one of the issues that perhaps can be addressed by legal is this issue of compensation. And, you know, I don't think we have compensated anybody else in the cases on Koenig lane, but that's an issue that was brought up by the applicant.
>> My understanding is that we have not compensated in my opinion else and difficulty is this: and that is if you require dedication of right-of-way as a condition of zoning, that person dedicates it, there is no compensation. In order for there to be compensation, you would not have a requirement of dedication, you would have possibly a reservation or possibly some other arrangement, but the requirement of dedication forecloses compensation.
>>Garcia: that's all of the items we have before the 6:30 -- 6:00 public hearing, I will entertain a motion for recess.
>> So move.
>>Garcia: motion by Councilmembers -- I think it was Councilmember Lewis. Seconded by Councilmember Griffith. All those in favor signify by saying aye. We will recess until 6:00.
>>Garcia: let me announce that on item no. 35, If you are interested in speaking, on item 35, you need to go to the lobby and sign a card. Give it to the clerk. But I can call you when we start -- when we call the meeting back to order. Excuse me. There being a quorum of Council, here in the chambers, or -- there being a quorum of the Council present, I'm calling the meeting back to order. The City Council meeting, june the 4th. And we are now to item no. 35, Dhis the public hearing. The public hearing on the city's 1998-'99 proposed community development program and federal annual consolidated plan. The annual consolidated plan serves at the application and plan for use of four entitlement grants from the u.s. Department of housingnd urban development. The grants included in the acp are the community development block grant, cdby, the home improvement partnership program, the emergency shelter grant and housing opportunities for persons with aids. This is the City Manager or one of your staff members?
>> good evening, Mayor pro tem and members of Council, my name is wylie hopkins, I'm the consistant community development officer for neighborhood housing community affairs. In Paul hilgers absence, we will be here today. He is out of state attending a community development conference. Mayor pro tem and Council, this is the consolidated plan is the City's application and plan for the community development black grant, the home partnership investment program, emergency shelter grant and the housing opportunity of -- for persons with aids. Tonight's public hearing is the first of three meetings that will actually conduct for comments on the draft consolidated plan that's been presented to you, which was published on may 24th. Next week there will be two more opportunities for the public to make public comments regarding this plan. That hearing -- the first hearing will be on tuesday, at the dove springs recreational center and subsequent to that june 11th. People interested in commentsing on this plan can speak at any of the three hearings and subsequent to that the neighborhood housing community development department will bring this to you on june 23rd for final recommendations and will be presented to the Council in mid july. Knees applications are all subject to cdc reviewing these public comments and making final recommendations. I have staff here today that's been the authors of and been involved with presenting this to the cdc in the past and we will be happy to answer any questions or comment about any questions that's brought to your attention this evening.
>>Garcia: thank you. Questions for staff in all right. Can you go over again the role of the cdc, how many hearings they have?
>> they have to -- I may have to defer that to jeff that's actually worked directly with the cdc on that. Jeff? jeff is the manager of the grants department.
>> Hi. My name is jeff fulmore with the neighborhood housing development office. In the development of the plan, the cdc conducted four public hearings in March at various neighborhood centers. After we conducted those hearings, had a community needs assessment survey, we developed a draft document presented it to the community development commission on may 12th, at which time they provided their draft funding recommendations. At that time, staff changed its recommendations to match those of cdc. And that brings us up to the point where we are now.
>> Okay.
>>Garcia: we have six speakers, the first one is nicole utsy, following ms. Utsy is tasira ocha. Is nicole here?
>> good evening, my name is toshito ocha. I am the president of the asian Chamber of Commerce.
>>Garcia: let me announce she is registered against, she wrote on the card, let me read it into the record, your time will start when I finish reading this. Looks like it says two-thirds of the community needs assessment survey addressed adolescent services, thus a youth service line item needs to be included in the consolidated plan. Which has a significant amount of money to help many organizations. Help many youth, youth need services that continue beyond daycare and child care. Okay. Welcome.
>> Yes. Thank you, once again, good evening, my name is toshita suppose ocha I am the president of the asian chamber of commerce. I was on the board for one year, may 1996. I was appointed to be the president of the asian chamber of commerce in Austin in december the 1st of 1998. And we have five board of directors and three more board of directors waiting and want to join so we can have nine. I am here on behalf of the asian Chamber of Commerce. I'm the former owner of ocha tokyo steak house, now I'm the president oFAAi enterprises, a distributor for salad dressing. I'm originally from japan and I have been in the business in the United States for more than 20 years. This country has been very good to me in many ways. At times I have enjoyed real success in my businesses. At other times I've had the opportunity to learn from my mistakes. Had I been more familiar with the language and the business practices, these mistakes could probably have been avoided. As they were the most part errors in understanding, which might some people took advantage of. So I would like to speak to you tonight about very real challenges faced by asians. I am familiar with both the language and the business -- that are unfamiliar with the language and business practices here. I am very familiar with the consequences of not understanding them and hope any experiences can be used to do something to make a better situation for my fellow asians. In japan, for instance, we have an ancient and time honored tradition of ethical business practice. The rules I have raised on do not always apply here. As I have found out, the hard way in some circumstances. Although ethical business practices are certainly the intent in the United States, not everyone shares in this intent. In the process of my business education, I have found that there's excellent help and assistance for the business owner here, but unfortunately I did not discover that information until I had suffered some financial setbacks. My goal toys learn more, not only for myself, but for other Austin asians who want to contribute to the economic success of Austin. The asian Chamber of Commerce has been a real source of information for me, which I wish had been available earlier.
>>Garcia: sir, you could summarize, your time has expired.
>> Okay. So I speak for all of asians in Austin when I ask you to consider this funding request, which will help all of us be better neighbors. Thank you very much.
>>Garcia: thank you, Mr. Oka. My win and following ms. Win is tien win. Ms. Win, welcome.
>> Good evening, Mayor pro tem Gus Garcia and other Council Councilmember. I am a director of the asian Chamber of Commerce and owner of mian industry, a construction company. I would like to thank you for giving us an opportunity to work with the City of Austin. To the funding of 1996 and 1997. Today I wish to speak about a proposal asian committee career center -- government block grant fund. The fastest growing minority group in the greater Austin area is the asian community. There are over 40,000 people of asian origin in Austin according to the tax comptroller's office. Each country of our community has a unique language and culture, while sharing a common [inaudible] from asia. Over the past two years the asian Chamber of Commerce have provided invaluable service to both newly arrived asian national and asian americans. We have aid with everything from the immigration process to establishing business and job training. The chamber, however, wish to further expand area in which we help the community. One area in great need of improvement is career service. Many asian enter this country highly knowledgeable with skill and highly in demands in the Austin area. However, the asian community does not have a career service center, for our need. We are in great need of higher level career service. The asian Chamber of Commerce propose a career center where asian immigrant can get language and workplace skill. The first area this career center is career placement skill. It would be greatly helpful to the greater Austin community to introduce asian to skills as job searching, interview skill and resume writing. Introduction to the etiquette of the american workplace would also easy assimilation into the Austin social and economic community. Next the career center will house a wealth of english as second language course. Introductory course will be offered to increase the proficiency of asian and english so they make advance in the job market. The career center will introduce as well a class for public speaking and presentation for you in the community and workplace. In addition to this class, the center will offer translation service to aid with complex issues like housing, health issue, legal issue and social service, we will create a newsletter to inform the people of community issue and provide advice. We will also promote voter registration among asian american. Because many asian americans are unfamiliar with the voting process, this part of the community is often under represented in the political process. By encouraging voter registration we will be empowering individual to become a greater part of the political, social community of Austin, increasing the political involvement in the asian community is one of the first steps for ensuing the success of both Austin and asian american community. If you remember the center will serve --.
>> [Inaudible].
>> I think all of my members.
>>Garcia: does Mr. Mr. Tien want to give three minutes to ms. -- [Inaudible].
>>Garcia: under our rules, if you want to donate time to the person that's speaking, you can donates your time. [Inaudible].
>>Garcia: okay. That means you don't get an opportunity to speak, you are giving her your time.
>> Thank you.
>> Okay. You have another 3 minutes.
>> Thanks. If you remember the center will serve as a cultural center for the asian community. It will sponsor asian holiday celebration as well as information center for culture organization. Asian entertainment event and asian social and business group. The career center would [inaudible] economy power of not only the aircian community, but the greater Austin community as well. It will enhance the already invaluable service, the asian Chamber of Commerce offer and increase the visibility of both the chamber and the service offered by the City. The asian Chamber of Commerce intends for this career center to be a prominent means through wish the greater Austin community and asian community access the asian Chamber of Commerce. This center would ideally be located in the store front location in north Austin where many asians live and carry on daily activity. The asian community is hard working and wish to join economy force in Austin. We ask that Austin help supply the resource that will help us. Thank you very much for giving us an opportunity.
>>Garcia: if Mr. Tien win wants to use the rest of the time, you can do that.
>> Good evening, my name is tien win. I am originally from vietnam. Today I work as [inaudible] I have -- sponsored by the asian Chamber of Commerce, I am here to ask you to ask for your continued support of this excellent program. You have no idea how wonderful it is for these asian adults to learn to read, write and understand english. Not only does it help them to -- it also opens up a whole new world for them. Please give this program your full support. Thank you very much.
>>Garcia: thank you, Mr. Win. Fas zahn win. Following Mr. Win, rachel gonzales. Welcome, sir.
>> My name is win. I am from vietnam. Today I am working in [inaudible] company. I have esl class sponsored by the asian Chamber of Commerce. I am here to ask for your continued support of this excellent program. You have no idea how wonderful it is for these asian adults to learn to read, write and understand english. Not only does it help them to pass the citizenship tests, it also opens up a world, new world for them. Please give this program your full support. Thank you.
>>Garcia: thank you, Mr. Win. Rachel gonzales.
>> Good evening, Mayor pro tem.
>>Garcia: I can't and members of the Council. I am --
>> my name is rachel gonzales, I am here to represent united cerebral palsy of the capital area which administers the architectural barrier removal program. Our services consist of home modifications to persons with disabilities, our program is such a unique program it has been recognized throughout the country. I feel that we are very fortunate to have these type of services here in Austin. We provide home modifications to approximately 400 consumers per year. And I am here to request that you continue your support to this unique program and also we request $800,000 of cdbg funded for the next coming year, '98-'9fiscal year to serve 500 consumers, thank you so very much.
>>Garcia: thank you, ms. Gonzales, that's all of the speakers that I have. That we have on this particular item. I was going to ask representatives from the neighborhood housing one quick question, whoever wants to take it. My question is the community action met work has done the snap shot of the community, they have done quite a bit of studying as to situation in Austin. Is any of the work of the community action network used to determine where we ought to put money? do we coordinate with the community action network in any way?
>> we are increasing our coordination currently. I know that in the development of the 1995 consolidated plan we used a lot of the information out of their original master study and currently we have got a liaison who works with their housing group, specifically to deal with how we can coordinate better between the consolidated planning process and the community action network process. To address all of the needs.
>>Garcia: the other question that I had was as to participation. Here today basically we had approximately -- here today we had approximately 3 groups, issuecian -- asian chamber, their efforts, united cerebral palsy, our story. There are so many organizations out there. Do they choose not to participate, do they come to the public hearings? about how many organizations participate in the public horgs?
>> do you know roughly? we have a listing of how many people participate in all of the hearings and surveys we received. We can get that back to you prior to our next public hearing.
>>Garcia: okay. All right. Councilmember Lewis?
>>Lewis: Mayor pro tem, one other thing that I would like to get is the -- a brief explanation of each one of the items that's on here because this one item bothers me tremendously. It says general public service, you know, and for me to sit here and say that we can spend $19,000 on general public service, I have no idea what it includes, so if you would, I am sure that we have a -- a -- an explanation for all of the terms, all of the promises that you have here, if you can get that back to us, I would appreciate it.
>> Sure. We have actually got the draft consolidated plan document, which explains those. Let me just tell that you on general public services, that's a result of the cdc meeting on the 12th where we took our recommendations to them. They wanted us to increase the amount of cdbg funds for public services up to our 15% cap that is imposed on us by the regulations. As of that time, we didn't have specific recommendations for how those funds should be spent, so we are using the comments that we receive at the public hearing as well as any comments that we receive in writing to basically program that money into specific programs before we bring it to action by Council in july.
>> All right. Thank you.
>>Garcia: further questions, comments?
>>Goodman: yeah, Mayor pro tem. Just one other thing. Referring to can as them and there I think is part of what we are working in the opposite direction of. Can is us, even you. And I know it's hard to qoort made you will -- coordinate all of the different process that's we have in all of the different groups, but hopefully we will one day get to the point where we are all saying us and our.
>>Garcia: us. Absolutely. But I think one of the things that the City -- I don't think -- we used to have a representative from cdc on the community Council, but we don't have one at the resource Council level. To the extent that we can coordinate make sure we are awading the overlap of services that would be very good. Councilmember Lewis?
>>Lewis: I was going to say that I would -- if you are going to get this to us, I would -- if you could get it back to us, you know, prior to let's say the 9th or --
>> oh, sure.
>>Lewis: so we will have time to go over. It. Other than that, I -- I am looking at the numbers and you said you adjusted your -- the staff's recommendation to meet the cdc's. I think that's great that we have some agreements, but we -- I think most rt of the Council would like to know what some of these programs consist of, so --
>> okay.
>>Lewis: thank you. That's all that I have.
>>Garcia: any other comment, request, requests, anything? questions? do we have to close the public hearing?
>>Slusher: so move.
>>Garcia: motion to close the public hearing by Councilmember Slusher, seconded by Councilmember Griffith. Motion carries, that's all of the items that we have, I entertain a motion to adjourn. Motion made by Councilmember Slusher, seconded by everybody, all in favor say aye. We are out of here.