>> We ask melanie box to come forward. I was looking at this, I was thinking, yes, we all like payroll week. The Mayor will be out shortly, but in the meantime, for him, let me offer the first proclamation of today which says presence presence let it be known by these presence that Kirk Watson does here by proclaim september 14th through 19th national payroll week in Austin and calls on all citizens to join us in recognizing that payroll professionals in Texas play a key role, that's an understatement, in maintaining this state's economic health, carrying out such diverse tasks, sorry, as paying into the unemployment insurance system, providing information for child support enforcement and carrying out tax withholding, reporting and depositing. In recognizing the centex chapter of the american payroll association, as a non-profit organization, whose goal is to keep payroll professionals aware of changes to the federal, state and local tax laws, and in observing national payroll week, 1998, and signed of course by Mayor Kirk Watson. Thank you, melanie, because this is something without which the world would not go around. [Applause]
>> well, let me say thank you very much, I do appreciate the opportunity to accept this proclamation. The centex chapter is definitely made up of total volunteers whose mission is just to educate Austin and surrounding communities on what it takes to produce paychecks and get the working folks out there paid and paid accurately and timely. Again I would just like to take the time to say thank you. [Applause]
>> if I could ask michael gonzales and pat cruise of the parks and recreation department to come up here. Now, actually this was to be for a couple other people, too, who couldn't make it today. Excuse me. But we do have certificates for everybody and we will send them to vanessa row and brio, too, who couldn't be here today. But on behalf of all of us, let us give you each a certificate of appreciation to certify that through your special contributions to our community and service, as life guard during the incident which occurred at kenimore pool on june 28th, 1998, michael gonzales and -- I don't have yours, but it's pat cruise have rendered valuable and distinguished service to the citizens of Austin, Texas. And this certificate is issued in recognition thereof dated this 3rd day of september, 1998. From the City Council of Texas and of course signed by Mayor Kirk Watson. It's an amazing privilege to be able to recognize you today and I hope that you will accept our thanks and come say a couple of words. [Applause]
>> I don't know what to say except for I appreciate the award and everything. I mean pretty you much all we did was do our job in that situation. So that's all we pretty much did. I just thank you. [Applause]
>> I am actually here to accept it on behalf of an vest in a and bi vanessa and brio who couldn't make it here today and I thank the Council on their behalf, thank you.
>> I shouldn't have let pat sit down just yet. Could I also ask melinda to come up now. You hang around with good people. This is a certificate of congratulations, also, that is directed to our wonderful parks and recreation department. This certificate of congratulations is to certify that as a member of the City of Austin swim team, sponsored by the Austin parks and recreation department, melinda levee has been selected by the Texas amateur athletic federation as 1998 female athlete of the year for region 11. And this certificate is issued in support of and in recognition thereof, dated this 3rd day of september, 1998, from the City Council of Austin, Texas, and, of course, signed by Mayor are Kirk Watson. This is really wonderful. Melinda, thank you. [Applause] you have to talk.
>> Okay. I would like to say thanks to everybody that pretty much helped me get this to my family and to my coaches and to the parks and recreation for having this association. And everything. So ... Thank you. [Applause]
>> we also have one more award to present to mindy. This is mark lord, the president elect of the Texas amateur athletic federation here to present mindy with a plaque.
>> Good job.
>> Thank you. [Applause]
>> I am president elect of taft, but I am also a member of the parks and recreation department and it's a privilege to recognize young athletes such as melinda and thank you all for everybody's support, thanks to the parents and coaches and fine aquatic staff. We do appreciate it.
>> Why don't we force melinda back up here real quick so she can get a picture before everybody leaves. If you could come back just a second.
>>Goodman: now for music you may have noticed these very class see classical music stands are up in front of us, that is because we have some of the Austin symphony orchestra. The year of new faces, new directions and a new music director, peter bay also brings exciting guest artists to Austin in the upcoming season. Peter bay will be conducting six out of the 8 classical concerts with special guests conductsing the other two. The season opens on friday, september 25th. With an appearance by pianist terrance wilson performing with the aso under the baton of guest conductor fabio machette, I hope I said that right and concludes with the holiday pops in december and promenade pops in june. You remember that you get to speak, too. We are very glad to have you grace the chambers today with your wonderful music. The proclamation is to let it be known by these presents that I, Kirk Watson, Mayor of the City of Austin, do hereby proclaim that today september 13th, 1998, as Austin orchestra day in Austin and calls on all citizens to joins us in recognizing the many outstanding contributions by the local music community toward the development of Austin's social, economic and cultural diversity and in recognizing the dedicated efforts of artists which further Austin's status as the live music capital of the world, signed Kirk Watson, and if anybody would care to make comments, we would certainly enjoy hearing from you, we will not ask you your position on the Austin music network. [Laughter]. Thank you for being here. [Applause]
>> I would like to thank you, Jackie, the Council and Mayor for the proclamation. We are excited about our season this year, we do have a great deal of change, the public seems to be responding, we are doing very well with our ticket sales and things. These gentlemen are some of the people that play in the breaks section of our orchestra -- in the brass section, they are a fine example of the work that we do out in the community, so .... [Music playing]
>> if any of you would be interested, we perform most of our concerts at bass concert hall, the first one on september the 25th and 27th, a wide variety of programs available, contact us at 476-6064 and we will give you further information on that. Thank you.
>>Goodman: let's give them just one more round of applause, they were great. [Applause]
>>Mayor Watson: please rise now and join us in other invocation, we will be led today by father William elliott from our lady of guadalupe church. Is father elliott here? why don't we bow for a moment of silence. Amen.
>> Amen. I will call to order the Austin City Council for our regular meeting, it's thursday, september 3rd, 1998, we are meeting at the City Council chambers, 307 west second street. Let me read changes and corrects to the agenda. Item no. 7, Approving a contract with anchor fence is postponed. Item no. 8, Regarding an agreement with executive service systems is postponed. Item no. 29 Should read: approve a resolution authorizing amendment number 5 to the interlocal agreement with Travis County for the provision of emergency medical service. Revenue estimate for 197-98 is $1,400,000. Item 35, approve an ordinance waving section 15-11-13-a of the City code for temporary closure of a portion of Colorado street, is co-sponsored by Councilmember Jackie Goodman and Mayor pro tem Gus Garcia. Item no. 48 Should read: public hearing on the proposed 1998-99 tax revenue increase. Yes. Yes, Mayor pro tem?
>>Garcia: on item no. 29 And items like this one where we are doing amendments number 4 and number 5, besides giving the revenue estimate for the whole year, I would like to know what the revenue estimate of this particular action is so that we get that in the records.
>>Mayor Watson: okay.
>>Garcia: we can go with this one like it is.
>>Mayor Watson: we will follow up on that for starting the next meeting. Item set for a time certain, at 2:00 p.m., items 9 through 11 related to a bond sale, at 3:30 p.m. The Austin housing finance corporation meeting. Items 31 and 32; at 4:30 zoning items 39 through 47; at 6:00 a public hearing on proposed 1998-99 tax revenue increase, item 48; at 6:30 p.m. A public hearing on the 1998-99 operating budget employee compensation parks, library and convention and visitors bureau, item no. 49, At 7:00 public hearing on an appeal by Mr. Joe quintero to approve a conditional use permit for the Arnold oil company located at 1645 east sixth street. Item no. 50. And at 7:30, a public hearing on the Town Lake guiding principles. Item no. 51. And at the same time item no. -- 34 Will be heard. The first item on our agenda is approval of minutes for the regular meetings of august 26th and 27th. I will entertain a motion to approve the minutes.
>>Garcia: so move, Mr. Mayor.
>>Mayor Watson: motion made by the Mayor pro tem, is there a second? seconded by Councilmember Goodman, any discussion? hearing none, all those in favor say aye. Opposed say no., the motion carries with Councilmember Lewis, Councilmember Spelman and Councilmember Griffith off the dias. Next item on the agenda is general citizen communication, the first three are -- speakers are Mr. Leonard lyons, j Paul montgomery and kenneth snyder. Mr. Lyons.
>> Thank you, Mayor. Good afternoon, Council. I'm sorry I missed last week's meeting, it was unavoidable. I am here to complain, continue my complaints about the rfp process. I have told each one of you by with way of your aides or yourself that there has to be changes, for one seems to be interested in making change, everyone is comfortable with it as it is, as bad as it is. But it's hard for people to get any understanding of why everything seems to be so confused, confrontation or turned out to be an instrument of torture like last year. Viewing Channel 6 one would assume they are always seeing Council make the final decisions just before the vote. Too many times it's the implementation of decisions made prior to the creation of the rfp, directed bid, reference, the airport concessions of just a few weeks or the airport hilton a few months ago. On the reverse side we may see rfp without any reference to or understanding of the original mission and goals. Reference there the airport parking contract of last month. An example of this is that the Council advocated a policy of a living wage, but each one of the bidders at the airport parking who proposed a wage of 33% more than the winner were marked down on their evaluations because their operating costs were so much higher. Higher than the ultimate winner who would pay $2 less per hour. How can you require something and then penalize them for doing that that you require? also the ultimate winner was the previous contract tee. He had all of the vehicle any, fuel cost record and such as referenced for his bid. This information was denied other bidders as the airport declared this prime information to be proprietary. As a result, the winners' fuel cost were 30% of the losers, that means $3 as opposed to $10 using that percentage. Keep in mind that the winners were the only one with the valid source of information to answer this question. I believe that this was either a directed bid or neglectly prepared rfp, I think the second is probably it. Another example, the land and existing structure of the new hotel at the airport was leased without competitive bid for 30 years. Needn't say anymore about that. I have seen financial documents in the rfp process which are required, but there is no one delegated to the responsibility to review, read or validate any of the reports or findings, I have seen balance sheets that do not balance, I.r.s. 1040S undated and signed with significant errors and calculations in totals, I have seen newly purchased rental property ... Added to the statements of liabilities, no one -- no one is responsible, no one cares. If the form is presented, the rfp criteria has been met because no one has the responsibility to do anything with the information or about the information. Let's talk about the electric department call center next week. Let discuss the $10 million of unnecessary, (beep sound) cam kazcynski k
>>.
>>Mayor Watson: thank you, reverend Paul montgomery.
>> Thank you. Mr. Mayor, Councilmembers. First let me thank you for the leadership that you bring to our City. On behalf of patriot -- patriarcyh insurance fund I make this symbolic guess center, we hope this l.b.j. Post center will be displayed with young and old alike can see it. It is indeed an affirm firm nation of a great society. Affirm nation. It has been worked hundreds of years, with little or no dividends. Their cries for change ring out from the time of the colony period up through 35 subsequent presidents of the United States. However for the most part their cries fell on deaf ears. Finally president lyndon Johnson heard their cry and established a program through his approximate great society of legislation, within this structure, means of support for many who otherwise could never achieve the american dream was -- became possible. President Johnson said, and I quote, but most of all the great society is not a safe harsh gore. A resting place. A final objective, a finish work. It is a challenge constantly renewed, beconning to us for a destiny where the meaning of our lives matches the labor of our works. Our pathriarcs many years of slave like maybes, in most cases no rights at all, was the impetus for president l.b.j. Great society legislation. The legislation included the civil rights act of 1965. The voters right act of 1965, the equal employment act of 1965, the indian civil rights act of 1968 and the federal housing act of 1968. The heroes club are the beneficiaries of their labor and the president great society legislation. We accept the challenge of its constant renewal so that those who follow us would also reap the products of our labor and this fertile ground. Sitgo under the direction of Mr. Boyd vance will run a pilot starting in september. The pilot will run through January 199. They will be 8 patriarchs and matriarcs. The Mayor and City Council are encouraged to participate.
>>Mayor Watson: thank you very much, if you will pass that down, we can and you will see it, make sure it's put in a prominent place. We thank you very much. Kenneth snyder followed by mike alexander.
>> I'm kenneth snyder, I life at 3344 north ridge, they call it the colon I can'ts out there. We have a resolution -- coloniases. I left one at Kirk Watson's office when I signed up. They want us to bind together to help us out there. Like I said, round rock and everything, we have been fighting this for three years now, that's long enough. And -- I was sick last week, so I didn't make it up here last week. The whole neighborhood out there is sick, we have dogs out there sick and dying, both. On account of drinking that stag nated water, sewer water, all of that, luckily it ain't been raining so it ain't been too bad here lately. I am not asking really asking, I am begging you to help us out there. I know taking us out of Austin, everything, that's in the past, we have to live now in the future, it has to get done, need to be done real quick, because right now -- I have 75 signatures on there that petition, they all wanted to come up here and everything, which -- I will bring them up if I have to. I know you all care about us out there, just like he everybody else, we are on the etj of Austin, I believe that you all can help us, I believe you all will eventually, like I said, all we want is some kind of help, get this thing done, over with. We are contaminating the whole neighborhood, it's going to be worse in brushy creek ever thought of being. I don't want to fight with a bunch of lawyers if I don't have to, because I've been there 13 years, it's been going on for the past three or four years, worser and worser every day. If you took a drive out there, you wouldn't believe what you are seeing. Right now 80's drought so it helps us out a whole lot, everybody brings for rain, we don't pray for rain out there. We have craw dads out there that look like lobsters, kids out there, 300 kids out there running up and down them ditches, apartment house on the corner there, they are playing in these ditches out there, nothing but sewer in them. We can't get nowhere on nothing. But finally we got a Councilmember, new Councilmember just start understand round rock, been there three months, he finally heard our needs and he passes a resolution for us, that's all that I am asking, I am hoping that you will do the same thing for us, if you would take it, put it in writing like they are doing, everything, if you would do it and everything, mail it to me, call me, I really would appreciate it because I don't like this kind of stuff, I have never done this kind of stuff before, I am hoping that I don't have to come up and do any more of this, if you all can help us, I would really appreciate it a whole lot. And everybody out there would, we will write a you a letter like we wrote to the City Council member that's in that resolution, I would rather write good stuff than bad stuff.
>>Mayor Watson: thank you, mike alexander.
>> I also apologize for missing last week, I have an awful noise problem next to my house that I wanted to ask your help with. I live in north lamar 29th street area. Small neighborhood business located next to me that installed a gigantic ice making machine next to my property. You have to see it so believe it, 18 feet in the air, five industrial size cooling fans on it, 15 feet from my property line. I have pictures here if you are interested. They run the thing 20 hours a day, I can hear it in all of the rooms of my house, I have to water ear plugs, I can't overstate how bad this is for my house, I have been slowly renovating it, I've had to put my renovation on hold because I don't know if it's worth it anymore. The noise measures right around 07 decibels which is the limit for a business next to a residence -- 70. Yesterday you would not believe this is, if you look on the airport maps of the 70 decibel line going around the airport runway which isn't that far from the runway itself. I would love for some of you to come out and take a look at this and stand in my back yard for 10 minutes because you would be absolutely appalled at what someone can do right now. I would like to ask if you would consider an amendment to help me with this. I was thinking of an amendment that specifically targets commercial ice making or refrigeration machinery, if you could set a noise limit more at a level of 50 decibels in a residential property line, I think that would be very reasonable for the dense City neighborhood that I am located in. It might be an effective way to help me add this problem, I have talked to the development office but haven't had much luck so far. My house is at stake here. So again I would love if someone could come out and take look at this and have a noise meter, you can play around with it, give you an example of what different noise levels are. I think 50 decibels again is pretty reasonable. Any help would be appreciated. Thank you.
>>Mayor Watson: thank you for being here today.
>> Mayor, if we could have somebody from building inspection visit with him about the rules and get the address, et cetera, so we can follow up on his specific complaint from a code enforcement standpoint.
>>Mayor Watson: those are all of the people that have signed up to speak on general citizens communication, let me read out the consent agenda. Item 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, on second and third reading, 30, 33, -- 35, 36, 37, 38, those would be the consent agenda. Are there any items that need to be added to the consent agenda or pulled off for discussion?
>>Slusher: Mayor?
>>Mayor Watson: yes, Councilmember Slusher?
>>Slusher: I will put back on number 22 and number 29, I had my questions answered about those.
>>Mayor Watson: any other items that need to be added or deleted from the consent agenda?
>>Lewis: Mayor, no. 32, Is it on the consent agenda?
>>Mayor Watson: number 332 is not because it's part of the meeting of the board of directors of the Austin housing and finance corporation.
>>Lewis: all right. Thank you.
>>Spelman: Mayor, show me abstaining on no. 16.
>>Mayor Watson: all right.
>>Garcia: Mayor? if I can just have a minute of personal privilege I would like to introduce some guest that's we have with us. We have the chairman of the hispanic contractors association of Texas, Mr. Frank fuentes, fred Garza the chair, cesar armillo vice chair and board member san draw Martinez, jesse Martinez, nash matter tez, also from the Texas women's business enterprise michelle perez. Thank you very much.
>>Mayor Watson: thank you all for being with us today. Consent agenda will be, I will entertain a motion to approve the consent agenda, will be 12, 13, 14, 15, 16, City Councilmember Lewis Councilmember Spelman abstaining, 17, 18, 19, 20, 21, 22, 23, 24, 26 on second and third readings, 29, 30, 33, 35, 36, 37, and 38. Is there a motion?
>> move approval.
>>Mayor Watson: motion made by Councilmember Spelman to approve the consent agenda as read, there is a second? seconded by Councilmember Slusher, any discussion?
>>Slusher: Mayor?
>>Garcia: I don't think Councilmember Spelman can make the motion since he's abstaining.
>>Mayor Watson: I will entertain your as a motion, your points of order counts as a motion to approve. Councilmember Slusher seconded the motion, any discussion? Councilmember Slusher?
>>Slusher: yes, Mayor. On number 37, that's the meals on wheels, I would like to request that the -- among the partnerships that the staff explore that they explore having the City's meals program cook at the same place to see if that will work, that's coming from our staff on that request. And on the -- that was on 37. On 38, the senior living center at hargrave, I want to ensure that the feesibility studies -- the feasibility study includes the potential funding -- looking at potential funding sources.
>>Mayor Watson: any further discussion?
>>Garcia: yes, Mayor?
>>Mayor Watson: Mayor pro tem?
>>Garcia: if the City Manager or staff could give us just a brief overview of item no. 18 What it is we are going to do with this so people know what we are doing.
>> It is my understanding that the elements of this contract is to have the american institute for learning and the individuals that they have recruited is to help us build a trail system and to add to the greenbelt maybe some related projects to that. But that's my understanding and we will be working with the parks and recreation department, our purchasing officer has work odd that item and we believe that those improvements will be beneficial, we recommend it.
>>Garcia: these are mostly children, young people --
>> yes, young people through the ameRicorp. Solution loose this is the one that I made reference to yesterday, the error that's on the age limit, if someone is reading the backup material, that's not age 7, it's 25, but 17 to 25.
>> 17.
>> Our effort to start them younged was thwarted.
>>Lewis: we would be sure to get them, if they dropped out of school they would have a trade anyway. So --.
>>Mayor Watson: any further discussion? Councilmember Goodman?
>>Goodman: just to add there are also a couple of other components, construction of low income houses and park patrol.
>>Mayor Watson: further discussion on the consent agenda? hearing none, all those in favor say aye. Opposed say no., the motion carries with Councilmember Griffith off the dias. That takes us back to item no. 6. Council, this is good point -- instead we will go to our 2:00 time certain, items 9 through 11, Mr. New man. Newman.
>> Thank you, Mayor, I'm Bill newman with public financial management. Here to talk to you this afternoon about the sale of your $13,430,000 in public improvement bonds, $22,770,000 in certificates of obligation, $14,975,000 in contractual obligations, you received some 21 bids for these three different transactions which is at best unheard of, very exam flare -- exemplary -- it is great, isn't it? the strength of this City and its financial condition. Last year, just to digress just a minute, I came up here and talked to you about the bids you had gotten on your bonds last year. Last year your public improvement bonds sold at 522, your co's, 520, other 442. I want you to listen to today's rates, though, your go bond or public improvement ponts, 4.87. Contractual 4.75, and your -- pardon me your co, 4.75, contractual obs, 4.06. The interest in this bond sale and this level of bonds, this interest rate that you received has not been better here to my recollection in at least 20 years. I would certainly recommend approval of this and congratulate you at the same time for receiving this great interest rates.
>>Mayor Watson: any questions? Councilmember Spelman?
>>Spelman: I would like to congratulate you for your time knowledge, this is the perfect time to be selling something that's not stocks.
>> Well, rather be lucky than smart any time. Thank you.
>>Mayor Watson: I will entertain a motion on items 9, 10 and 11.
>>Spelman: move approval.
>>Mayor Watson: motion by made by Councilmember Spelman. Seconded by the Mayor pro tem.
>>Garcia: I have a quick question, for ms. Dunkerly. Not for you, for bettie. With the sales of these bonds do we -- will we be able to finance all of the projects that we promised the people in the bond elections that we've had in the past?
>> we still have a few outstanding, but we have almost all of them done. A few more bonds left.
>>Garcia: how much more do we have?
>> oh, let me see. Dennis?
>>Garcia: we don't have any from the '92 bond issue, we have from the '84, probably.
>> We have of course 9 million left from brackenridge hospital which we don't intend to hopefully ever issue. And -- they are so small they can't even find them in the books. We have approximately $40 million left to be sold, part of that is in communication equipment, that big -- the bond election that we had in may, so -- probably about five, 10, looks like about 15 million plus of prior bonds -- most of those, some of those are 84, a few of those are '92. Not very many.
>>Garcia: thank you very much. That's all that I have, Mayor.
>> We would have sold them this year except that they are not quite ready to go.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: let me ask you a question, bettie. Because of the interest rate, calculated the interest rate, probably higher than what we are getting, will that make a difference in -- that will make a difference in our debt service, right?
>> we have already calculated that cushion in there and I don't believe we have got -- much extra left. We have a very, very slight savings that will just stay in the bottom of the debt service fund. We keep a 10% reserve there according to our policies, so just add to that a bit and won't have to put quite so much in next year.
>>Lewis: all right. Thank you.
>>Mayor Watson: motion made and seconded to approve items 9, 10, 11, is there any further discussion? hearing none, all those in favor say aye. Opposed say no., motion carries with Councilmember Griffith off the dias. Go back to item no. 2. Council deals with the Austin music network you will recall last week we conducted that item as a public hearing and heard from the public we also at that time had a motion and a second to close the public hearing. We have a number of people that have signed up this week, also. We have conducted the public hearing, we have closed the public hearing, we can have our discussion or have additional public hearing. Councilmember Goodman?
>>Goodman: we did say specifically that the commission was going to talk today.
>>Garcia: we asked the commission to do some things.
>>Mayor Watson: what we can do is hear from the commission. And as -- since there was a specific request in that regard. Other than than that is the consensus that we had the public hearing, we have closed the public hearing.
>>Garcia: that's correct.
>>Mayor Watson: I will read into the record those cards the people that signed up, their indication for or against, Mr. Livingston, why don't you come forward since we did ask for specific comments from the commission.
>>Garcia: as Mr. Livingston is coming up, there was a report in the american-statesman today that the commission had hired an attorney and I would like for them to clarify that issue. I understand that this is not true.
>> We have not hired an attorney.
>>Garcia: I don't think any city commission has the authority to hire their own private Council without authority from the Council.
>> I had spoken with michael cockran, I said well, we are actually talking to a real lawyer here. He interpreted that to be that we have an attorney and I assure you we don't. We would love for him to speak, though, if it's possible.
>>Mayor Watson: why don't we go ahead and have the presentation from the commission, since we did ask the commission to make a presentation.
>> Yes. This is all about money. And I think all of us know that by now. And it's a relatively small amount of money and strangely enough I just heard bettie dunkerly say something about a $9 million amount that she said it's so small we can't find them in the books, I believe that's what just happened, so we are talking about a lot less money than that. The Austin music network, it's part of the fabric of Austin. We are dedicated to -- we took it to heart to bring you a proposal today. I want to point out that if something is wrong in the City government, or if -- if a particular department is not working correctly, it seems like the City responds and does whatever they can to fix it. And three years ago, we made suggestions on what we could do and it -- it was not -- those reasons were not followed. It was basically higher a general manager with industry experience, someone that really had experience in running a television network. Right now the Austin music network does not have that general manager. Or a marketing director and no money has been raised in behalf of the Austin music network. And I think that this is a city responsibility. The Council has been frustrated with the automatics music network just as past Councils have been frustrated with items such as the barton springs problem. Like barton springs, there was never a Council with a will to invest to fix the prison -- to fix the problem and we do have a problem. People know and come about and have helped to get this -- to get -- I'm sorry, I am trying to read this, this is something that's been handed to me. I am just going to have to take a second here. This is important.
>>Garcia: while Mr. Livingston is reading through his notes, I want to say that this Council and prior Councils that I have been in have spent a lot of money defending barton springs, millions of dollars. And they always come to the table, also voted from -- always voted from here to allocate that money, so let the record reflect -- [applause] -- we have always spent the money to defend the things that we can defend at barton springs.
>> Okay. Basically I think that -- the gist of what this says is that we -- I'm not interested in talking about barton springs. I'm interested in talking about the Austin music network. I know that there are pearls here. We do have a proposal and I am -- propose and I am going to get on with it. I have been so frustrated this week, I feel there's been a lot of things said in anger and frustration, maybe if you want to call it by both sides. I want to assure you that the commission has tried to be as -- to keep its integrity, we have not been some people say slandering, we have not done that. We've had our -- our commission minutes, the -- the tapes of the minutes before the commission is practically over, someone has come down appeared asked to hear them. And I understand and they are absolutely open, but I just wanted to assure everybody that it is -- they are open for anyone to listen to and we haven't been trying to protect anything. So ... The reason that the Austin music network must remain non-commercial: the music commission believes that a non-commercial model is still the best model for the Austin music network. The following are the principal reasons not to convert amn into a commercial channel. A full-fledged commercial music channel will be in direct competition with local, prints radio and tv sales. Forces for the same advertising dollars. Direct competition would also limit good will media support for the Austin music network. The amn's existing archives cannot be use odd a commercial channel unless each artist contract is renegotiated. This complex process will take several months. I can tell you right now that no one makes any money when they appear on the Austin music network. None of the musicians. They do it for exposure, a lot of emerging artists make use of this. But even national acts such as willie nelson, people that could demand thousands and thousands of dollars, they don't ask for any money. But if this converts to a commercial channel, they are going to have to pay these musicians, every one of them. That's just the way it goes. If you have a commercial channel, you have to pay the musicians. And it's a tremendous cost. There's also -- I don't know if you know the performance rights organizations, bmicsac. Performance rights organizations that every time you get on an elevator, every time you hear any music whatsoever, somebody is being paid money. And some businesses here in Austin, some restaurants can't afford to have music playing over their loud speaker because they have to pay quite a bit of money. Now, we have a waiver, Austin music network has a waiver, it does not have to pay these because it's a non-commercial channel. If it converts to commercial, that waiver is going to be gone, they are going to have to pay those, there's a lot of costs I don't think that have been reflected in the proposal that are going to go up. If the channel becomes commercial time warner can move the amn from first tier to a higher tier with less revenue producing potential. Time warner has stated they will likely move the channel. If the channel is converted to a commercial channel and fails, the City could lose the channel back to time warner after three days of dead air. Given the high failure rate for startup business ventures, making amn a commercial channel carries with it a high possibility for failure. A lot has been said about the quality of the Austin music network. We also believe that quality and content must be improved. However, since we are down to the wire here, we would like to show a video of actually what you see on the Austin music network now. We have prepared a small five minutes show and this is what we are arguing about. And this is really -- really reflects the spirit of Austin and if we could dim the lights and show the video now. [Music playing]
>> classic, rock, volume, blues, jazz, world beat, the Austin music network covers every style of music you can and cannot name. We have captured live over 700 Austin and Texas artists. This sample gives you an overview of what the City support has already accomplished. [Music playing]
>> the weekly lineup includes a magazine show called check in action which shows viewers what's happening in and around town. We also have two live shows providing news and information where viewers can call and request and watch in studio performances.
>> We don't just showcase music, but also behind the scenes interviews from theater, poetry, performance art and many others. Amn has been there for the Austin music awards, south by southwest, mtv sports and music fest, Austin lyric opera and beyond. Amn has covered them all. (Audio problems).
>>Mayor Watson: could we get the volume turned up, please. Oh, come on.
>> Demonstrate yodeling.
>>Mayor Watson: hang on a second.
>> (Yodeling).
>> Top of a sugar can and sing to my grandmother and my mother. My grandmother always said that I would sing. And this come to pass. I'm a singer. (Audio problems)
>>> a lot of people call it lyric or -- [inaudible] -- that generally is a very youthful light sound, which has a lot of age jiblt, a lot of shipment mer, a lot of color, a lot of agility, a lot of shimmer, a lot of color. (Singing).
>> My name is kerri davis, I am playing annie at the paramount.
>>
(Music)
just thinking about tomorrow, clears away the cob webs and the sorrow
(Music)
(Music)
[music playing] ) music playing) (
(Music)
music playing
(Music)
).
>> The Austin music network has collected an important and extremely valuable archive of Austin's musical and cultural history. This makes amn the outlet of choice for Austin's scene. And we have just begun. [Applause] auto.
>> Doesn't look so bad, there's a lot to work with here. It's in place now. The Austin music commission proposals that the City of Austin establish the Austin music network as a non-profit organization. The City Council shall appoint a board of directors that will report to Council. The Austin music network board will contract for two new positions. A general manager that will be responsible for all amn operations and a marketing/development director that will dill gently organize underwriting and fundraising activities. The g.m. Will report directly to the board and marketing director and all other amn staff will report to the gm. The commission further proposals that Council fund the Austin music network for $600,000 over a three year period, after which it will be self sustaining. Additional financial guarantees will be provided to the City by color sounds foundation. The amn will remain non-commercial while actively fundraising and securing underwriting. Suzi caldwell is here to further present our proposal.
>> Hi, you guys, thanks for having us back again, we really do appreciate the time and energy that you have brought to this over the years. We feel like this is a hard sell. But what we did was to get transcripts of the Council meeting from last week and address the specific request and questions that particularly Gus Garcia and Jackie Goodman had. We went ahead and put together a proposal, I think that you will look it over you will see it's really quite thorough, I honestly feel like this is a -- a good way to go. A better way to go. Just for the record, I want to say that I've been in television production here in Austin for 19 years. I'm associate producer of Austin City limits. This is community service. Under the direction of this broadcast operations team, the Austin music network will execute the following directives: develop a marketing plan targeted to secure underwriting revenues, restructure the Austin music network's production and programming operations, create new programming and improve technical quality for the channel. Adhere the stated performance goals and measures of the Austin music commission. These are attached. If you will look at your table of contents, if you guys are following along, you will see that the performance measures are attached, I believe, I'm not -- let me see here. The performance goals and measures are attached on pages 28 and 29. Improve press relations and public awareness of the Austin music network, enhance community outreach and foster new partnership agreements with musicians, artists, music industry professionals and community groups. This is one area where the music commission would be willing and quite able to advise the Council on community groups that would be able to come to the Austin music network, we really see this as a community outreach. I don't believe that the Austin music network at this time has done the kind of community outreach that would be possible if of course they had been staffed properly, you know, it would have been a possibility, I think. I really want to stress to you that for us this isn't just about other commissions, but this is about the community at large. You know, I am from Austin, I'm a travis high school girl and I grew up in a culturally diverse community. I am from old Austin, my family is old Austin. And I really think we need to consider blending old Austin with new Austin as we approach the dare I say it new millennium. We want to structure licensing agreements with outside producers, we are open to all of these guys, this is not something to say to this production group or any other production group we don't want to work with you, this is about the cost that it takes to do the kind of production that they are offering as opposed to the kind of production that the augs Austin music network can provide to the musician community as a whole. I can just say from my own personal point of view that productions that our company does, I don't want -- I want to always mention that my boss is associated with Mr. Melkur's proposal, he's listed as a consultant, he spoke before you last week. He's a great guy. He totally understands my point of view, I want you to know that we are getting along just fine, so don't worry about me. Meet budgetary performance standards as agreed to by the city and the designation -- designated negotiator and report on said standard and quarterly reports. We want to contract for an Austin's only television news helicopter contract with the Austin music network web master. This is a way of getting Austin music out all over the world. It could be done actually quite easily. Those I-net drops are quite a wonderful benefit that the city has right now. With good lighting, with good equipment, they can be very well used to improve this network. Just with slight adjustments in equipment quality. Of course we want to continue and expand the successful internship program that's in relationship with area colleges and universities, it's existing now, we want it to continue. To continue to represent the cultural and ethnic guess community of the Austin music and arts scene. Achieve financial self sufficiency within three years, remove the Austin music network from the general fund. Additional support for the Austin music network: the color sounds foundation founded in 1980 will offer the following additional services: as you can ee over here, you have your organizational flow chart. This is one of the items listed on it. This is what color sounds provides on your bottom right there. 450,000 Over a three year period through fundraising and underwriting. $350,000 Over a three year period through licensing agreements. A $300,000 bond guarantee for the first year. If this -- if this proposal were to fail, $300,000 would come back to the City, no cost. That's -- we have the documentation for that if you will look under the financials letter in the table of contents. Another thing that the color sound foundation will provide is an archive transfer to digital format. I guess most of you are probably aware that all broadcast operations must change to the new digital format, I think, by the year 2001, if I am not mistaken. So this is a way to save the archives, which is really very quite valuable, you are talking about a historical archive that goes back a long ways and many of the artist who's have appeared on the Austin music network are now -- they have received national fame. And the reason they have that national fame is because they had a place to start here. You know, this was where they got their chance.
>> That's right!
>> this is where they got to be seen, to practice their art. Austin is a creative pool. Interim staffing and equipment for a 60 day transition period. What they are offering to us is a general manager and a marketing director to come down during our search period, during that 60 day search period, these -- these two broadcast professionals will come down and manage the station and get it going on the right track. So when the new general manager and marketing director come in, they have an outline of directives as approved by the board, the Austin music network board to address. What color sounds receives. Archiveal sdrigs agreement. That means that if they have access to those archives, they can go out to bravo or vh 1 or any of the other musical outlets looking for archive value material and -- arrest could I haveal term, that's a really big deal -- archival material, that's a really big deal. That's when you see people say this year lucinda was on letterman, did a show on Austin City limits. Let me tell you, she did the Austin music network before that. Market new and car could I have programming and syndication of programming, I think that is self explanatory. If there is a profit, 20% allocated to the Austin music network board musicians video trust fund. This gives musicians in Austin an opportunity for those who can't afford to come and have -- pay to have a video produced, it is quite expensive, I promise you, out in the commercial realm, it's -- this trust fund will allow musicians did apply for funds so that their video can be produced and if it's good and if it's approved by the programming people, then it will be aired. And they will get exposure. 80% Of those profits will go to the Austin music net -- network operating fund. As you can tell by looking at the organizational chart, some of the qualities of the board of directors that we feel are important, the board of directors will direct programming and content, they will oversee adherence to those performance goals and measures to the Austin music commission, sent forward, I think were approved by the city Council. In their mission statement, they will undertake non-profit promotional efforts. I have already mentioned the video trust fund. There will be four positions on the board. One will be allocated to the music commission. One to the arts commission. One to the Austin convention and visitors bureau. And one to a color sounds board member. 7 Positions 7 be appointed by the City Council with recommendations by the Austin music commission. We have -- we have a deep reach into the Austin music community. And we really believe that we can come up with the top people in the field to offer for Council's recommendation to the board. There will be 11 positions on that board total. Okay. Budget, we have already covered the City of Austin would provide $300,000 in the first year, $200,000 in the second, 100,000 in the third. You have got it before you. I'm going to move on. The general manager will be paid $65,000 salary. While the marketing development director's pay is $35,000 plus incentives. The remaining core staff salaries are budgeted at $30,000 per core staff member with 3% increase in the year two, 5 percent increase in year three. Support staff salaries are budgeted at $20,000 per year for each of the five additional full-time employees and $10,000 for part-time accountant and for a total expenditure of $110,000. Equipment lease, approximately 2500 a month is required, according to industry experts for leasing costs and equipment maintenance fees. Hispan television has offered to defer lease payments for the transition period and/or work out a purchase agreement as needed. We wouldn't want to purchase any agreement, I want to point this out, we wouldn't want to purchase any equipment until the new digital formats are out, so the leasing agreement is a better idea. Remaining equipment requirements are full filled through the Austin music network, equipment listed in rfp attachment b. It is our understanding that the City equipment would remain with the network if the operating entity were non-profit. Utilities, respondent ask that the City of Austin refrain from charging utilities for the first year, contractor shall be responsible for costs associated with utilities thereafter. Rent: the respondent proposes that the City of Austin allow the contractor to use the current facilities of the amn free of charge, a separate office space for use by the executive director, general manager and marketing development director will be utilized but at no cost to the city. Incidentals. Computer upgrade, software, equipment, itself, all budgeted there. It's a good budget. I feel real good about it. I would be happy for any evaluation if you guys are actually going to seriously consider this proposal. This is more of -- a more educational part of the process for us one of the objectives of this proposal is to suggest future consideration of alternative funding to the general fund. It's a problem making taking this money from the general fund every year. I understand it's hard for you guys to have to come back year after year and try to find money in your general fund, good years and bad. These funding sources would be a constant platform for the Austin music network, rather than being subject to annual renewal. Number one, funding for the Austin music network should be provided for in future cable franchise negotiations. For whatever reason, funding was never included in the contract negotiations for Austin music network. The cable company, time warner, this is the second one, the cable company, time warner -- I'm sorry, contributes annual revenues as a cable tv franchise fee, that goes directly into the general fund. We would suggest that a small percentage of this franchise fee be directly earmarked for funding amn. This would remove the sigma of it being funded by tax dollars since a portion of the funding for the channel would be coming directly from capable subscribers. This requires no renegotiation with time warner. A percentage from the franchise fee could be a constant platform for support. This money should be obtained from the cable tv franchise fee idealy beginning fiscal year 98-99 before it becomes part of the general fund. Austin music network operating fund as I said before will be created in which to department all amn cable revenues. Another suggestion that we have is adding a surcharge to the cable bill. Under this provision time warner would assess a 15 cent surcharge to its customers, time warner would receive 5 cents for this service. The Austin music network would receive 10 cents. Approximately $220,000 cable scribers would generate $264,000 annually. The acvb bed tax is only allocated to those endeavors that attract tourists outside the state of Texas. The Austin music network would be a programming source for con kent for the worldwide web and broaden the Austin music scene's tourism appeal worldwide. It stand to reason that a negotiated percentage should be allocated to Austin music network funding. The excess fund provided by time warner cable as part of the franchise is available for use but all public educational governmental channels. At present only acac is getting money from the fund, but a percentage could and should have been used by the Austin music network. Funding could be derived from the future from the bed tax. I covered this last week, I know it's a tough issue, I am not going to say much else about it. There's an equipment fund set out in the franchise for use by the access managers. Part of the cable -- part of the capital budget could easily and legitimately come directly from this fund. These dollars could be applied towards equipment purchases for the Austin music network. On page nine, you will find personnel, the -- the two personnel that are listed at the top of this page, the general manager and the marketing director, will be the -- will be the transition staff for the 60 day period, that it would take to go into transition. We would maintain tim manland as a be production coordinate nader, I think grid as operations manager and -- ingrid as operations manager and trish as operations assistant, she did a lot of the work on this proposal we think it's -- it's totally appropriate for her to number that position. -- To be in that position. A director of programming would be determined. We are also including support staff and information technologyist, we like this work, I think it basically means press relation person and somebody that will handle the worldwide web content. Including also four fte's, editor, video camera operators, an accountant who would be part time and of course interns. There's a list following that of current employees of the amn. Just for your reference. Following this, we are going into -- resume materials. For Mr. Montecon, from hispano television ventures, his -- I believe his father served as the first broadcast television director owner in the history of Texas. And he has, as you can see from this resume, deep experience, this is who is going to be volunteering volunteering his time and engineerings for two months to come down and make this a reality. Patrick allen luckette, has been involved with hispano television ventures for a good long while and he would come in as the marketing director. Tim hamland as I mentioned, here's his resume, ingrid weigand, here's her resume, the reason we included these two people is because they do outstanding work, they are hard working, they deserve an opportunity to work for management who gives them free rein in creative programming. And so we didn't want to neglect -- I think it's just only smart in the transition period to bring in the people who know the channel best and who can run it. While things get up to speed. We have included a programming profile for the Austin music network. You just saw our video. This is -- the video is a representation of what it -- what already exists, what programming already exists on the Austin music network. There's a couple of pages of good programming ideas. This list of programming ideas specifically speaks to community outreach in many areas, it's once again part of the heart of this community. We have talked to several production organizations throughout the City who would be willing to work with us were this to happen. Following this, is the letter -- verifying the $300,000 bond guarantee. From tejas securities. Just to show you that the money is there. In case of failure, $300,000 would come back to the City. But we are not going to fail. This is going to be a growing -- this is going to be a growing proposition. This -- this next letter talks about -- I am going to go ahead and read this, because I think it's pertinent, particularly because of the dollars and the -- and the equipment that it describes. This is from hispano television ventures directed to color sounds foundation. Prudent to our conversations relative to the Austin music network, this letter is forwarded to you in response to your request for information relative to our commitment with you on this project. Subject to final contract negotiations, hispano television ventures would be willing to provide technical and managerial support, staffing aid, digital equipment for both production purposes and the transfer of the archive material to compact discs along with any and all additional help needed in order to make the network successful. Over the term of the contract, and its extensions, this would represent a financial commitment on our part in excess of $1,500,000. We have examined the possibility of bonding or insurancing the City of Austin expenses in this matter. Approximately $600,000 over the first three years. And believe this would be an appropriate possibility. So that's -- that's from hispano television ventures. You guys said you needed to know about the money, we are trying to show you where it would come from. Allen ames & associates. This is from the ceo. I'm excited about our recent conversations regarding your involvements with the Austin music network. A as you know, allen ames associates specializes in the production and distribution of live event, concert, television and internet broadcasting. Our programs have been seen on mtv, vh 1, pbs and are currently under worldwide distribution via castle hill films of new york. From our previous conversations you are well aware of our interest in music libraries such as the Austin music network as part of our programming conversations with fox and hbo. I look forward to assisting you and htv with the amn archives as well as your tejano nights and Mradzza Mexico archives, subject to receipt of the information previously requested there could be a substantial funding opportunity available to the amn situation. [One moment please] wireless mike, receivers, stands, wireless head sets with base, all assorted necessary cabling to interface beta sp studio configuration for the network.
>>Garcia: let me ask how much longer you have.
>> Not much longer.
>>Garcia: this is a proposal and what we asked you to do was review what we had.
>> No, sir, that's not -- I have a transcript from what was asked of us.
>>Garcia: I saw the tape too. What I asked you to do is go back and look at whether we were going to have a City-run operation, a not for profit, or this one.
>> Right.
>>Garcia: not for you to develop a full proposal because I think this violates the rules we have under the rfp.
>> Councilmember Goodman -- Councilmember Goodman -- [inaudible].
>>Garcia: to the extent that we can keep the audience participation down. What we're trying to do is there is a process that the City follows and everybody has followed, color sound followed it, Mr. Melkur and two others. This is a full proposal that you are presenting here outside the rules of the rfps.
>> We were requested by Councilmember Goodman, I have the transcript from the meeting last week and the reason we did this full proposal was because of this. So I can read it to you if you would like. She says, well, if the vets are here we're giving it a week and that gives you the opportunity as a commission to come back with either almost an equal proposal, maybe expanded upon or in more detail from the '98 recommendation, and/or recommendations for issues that have to be addressed within whatever choice we make if not the commission's recommendation. So we addressed it as directly from the transcript and as you can see, in one week we've put together a very solid proposal and we did it at Council's request. We asked information from the City if that's what we should do. We asked Jackie's office and this --.
>>Garcia: there's not a mention in -- in the september 3 memorandum from Mr. Livingston it says I suggest that we speak to Dr. Michael bell about the possibility of incorporating some of his nonprofit ideas into the financial aspects of our proposal, and I didn't ask that.
>> Here's what you asked. You said if you think the City ought to continue funding at what level should it be so that we have a good channel. One that can -- we can really say has a good quality. If not, what should there be. You said not for profit. There's one proposal not for profit. If you think that's a better way to go say that to us so we can resolve the issue.
>>Garcia: that stays within the framework of the rfp.
>> You say if somebody wants to call you up they will. But what the Council needs to make a decision one way or the other, what choices we have because we're about to prove a -- approve a budget. I'm not -- we really were trying to address what you thought you had asked for.
>>Garcia: no, I did not ask for that. I couldn't have asked you for a proposal because we're in the middle of a rfp. Okay? and we have people who have committed resources to this proposal and we have been evaluating them. I said if you don't want us -- we can reject all the proposals if that's what you all are asking us to do. But then we would have to go out again and ask for proposals and then you could appropriate, because you didn't appropriate the first time around, did you?
>> no, sir, I have been on this commission since I hope you understand this, I've been on this commission since like jewel 28th. I have had a very short --
>> I don't mean to be curt with you.
>> I understand.
>>Garcia: the City has certain procedures that we put in place to be fair to everybody.
>> Nobody told us this. Nobody, in fact betty dunkerly came over to me before I walked out of the building that day and said when you do your proposal, you be sure that you don't look at those other proposals and take information from them and I said that's not a problem. We can do one on our own. So you understand what I'm saying, I feel like I had a directive from you, from Councilmember Goodman and from --.
>>Garcia: not from me.
>> I hear what you saying. But I think you can see where we -- part of our problem, and I have to just say this is that we don't feel like we've had good communication within the City structure. And it's hard -- it's really hard to try to address this, to do our public service, which we -- we're not doing this because we're going to make money. You know, that's not what this is about.
>>Garcia: I didn't say that. All I said is that people in the music commission understand how the rfp process works. The City is in the middle of that process. We haven't completed it. I don't know what ms. Dunkerly told you about it. But whatever it was, she is not a Councilmember. Okay?
>> boy, it sure is hard to know who to listen to, hear what I'm saying?
>>Garcia: I understand what you are saying, but the people considering this decision are the Councilmembers.
>> Exactly, and we tried to answer what we understood was being asked. So I apologize to you if you feel like we're doing something untoward.
>>Garcia: I just want to explain how the game is played in this particular area, what the rules are.
>> Right.
>>Garcia: and we're in the middle of a evaluating proposals that have been submitted by four entities. None of which is this proposal.
>> Okay, well, if you want -- do you want me to stop? is that what you are saying?
>>Garcia: would I would like to know what it is you expect of us. What I asked you to do is if you think that we ought not have -- what I asked the commission is tell us if you think we ought to reject all the proposals, tell us that.
>> Yes, we do.
>> We think you should reject all the proposals.
>> That's what we think.
>> Amen. [Applause].
>> Actually we did. We came and said we were dissenting from the recommendation because we felt -- you know, there's a few things, we have never been able to really talk about the proposals and what the contents of them were. But I can only tell you the one thing that Mr. Melkur said on the radio and it's the one thing that was a huge red flag for me as a public servant, which is how I feel that this commission is supposed to be, we're supposed to be looking out for the public interest. When an average -- when advertising revenues are listed as $780,000 in the first year, I've spoken with television general managers here in the City of Austin and advertising people here in the City of Austin, that $780,000 figure is two to three times higher than what is even basically reasonable to expect. So I just -- the --.
>>Garcia: that's your opinion.
>> Absolutely.
>>Garcia: we don't want you to evaluate Mr. Melkur's proposal in public.
>> I'm just saying for me, I wanted to you understand that for me that was the red flag.
>>Garcia: I understand.
>> That's why we're saying we want to you reject the proposal.
>>Garcia: if you want to us to reject all the proposals, if that's the recommendation of the music commission that's fine. If that's your recommendation we can accept that as your recommendation.
>> Can you say that --.
>>Garcia: we cannot --
>> can we add to that recommendation?
>>Mayor Watson: we would be in a position probably -- and I want to verify this, where we would have to start from scratch, what the commission -- what the Council said it was going to do was consider some alternatives, consider a rfp situation, that is the process we're in. If the Council reinjects all of the rfps and doesn't go forward I believe we would probably end up starting over. And I may be wrong about that, but -- [inaudible].
>>Mayor Watson: that's rude and inappropriate and not welcomed. Councilmember Goodman?
>>Goodman: Mayor, I need to remind us all again that we're all out after the same thing, which is a good amn or whatever it's chosen to be named by whatever ont at this time we go with and it is about Austin music and it's not about fighting anybody or being angry at anybody. And the word proposal has a whole lot of meaning and a whole lot of context. I did ask for an expanded proposal because I thought we had not been fair to the commission. But it was not a proposal to break the rfp process. I'm a little uncomfortable because it has music sounds -- I mean color sounds in it and in that I'm not sure that went over the line of the -- of the breaking the rfp process. But I also know what the commission is trying to do. They are trying to offer a way where we don't have to go into the commercial and riskier situations of having time warner move the channel to a different number.
>> We can keep it in-house and --.
>>Mayor Watson: hang on a second.
>>Goodman: that was -- yeah, in-house as opposed to a rfp for a different management. If we could all back off and calm down I think we would probably get more work done and I don't think that -- that we're -- well --.
>>Garcia: all I want to do is be fair to the people who made proposals to us.
>>Goodman: right, me too.
>>Garcia: I wasn't talking about you about calm down. [Laughter].
>>Goodman: yeah, bob, calm down.
>>Garcia: let me say one thing Mayor. We have been at this at the telecommunications infrastructure committee for a long time. We asked the staff to Councilmember with a proposal. They drew up a business plan which the commission did not think needed to move any further than that. And so we said what else can we do. So we said well, let's do a rfp. We did the rfp. There's rules that govern the rfps. We need to follow those rules on the whole -- or the whole process becomes an f arse. And that's -- basically we're getting close to that when we are considering this proposal that has not been requested and it's not -- was not received in conjunction with our call for request for proposals.
>> The one situation is as far as our commission was concerned, when this happened, when the request for proposal went out, we had four members on the commission. We didn't even have enough for a quorum. We could not -- we were trying to get the commission together we were in a -- it was fast track, everything was going on. I apologize. I became the chair of the commission, I apologize to you if I had any thing to do with it. But this is -- this is just what happened. Suddenly --.
>>Garcia: I understand that, bob, and all I'm saying is we're going to maintain integrity in the process, we can't have one outfit proposed to us and go through a whole process and the next thing we know there are in another proposal with you.
>> I understand.
>>Garcia: that violates all the rules that we have set in place to try to be fair. And that's all I'm saying.
>> Okay.
>>Mayor Watson: my recommendation would be, and we can have a discussion on it part of what I understood too that we were going to be doing this week with the week that we were going to receive is get comment from the commission, have the commission be in a position where it could hear a number of questions such as the questions that Councilmember Goodman had laid out and allow for the commission to evaluate whether or not it supported any of the rfp's or if there are any questions that could be answered in such a way that would allow them to support any of the proposals. Not any of the rfp's, but any of the proposals. I feel that the Mayor pro tem is probably accurate, that we are in a situation now where a full board proposal, if the Council -- is probably not an appropriate -- it's not appropriate for us to be receiving a full proposal at this point. However, if the Council votes to deny all of the proposals and we start over, obviously we start all over. But my recommendation would be right now is that we've heard the recommendation of the commission, we've heard beyond the recommendations some of their thoughts about other ways it might be handled. Perhaps it is appropriate now for us to begin the discussion among the Councilmembers about what we want to do.
>> Could I just mention one of the other requests that came from Council, the last two pages of the proposal, and basically we addressed some of the questions, commercial recommendations in case you do -- in case you do -- what do you say, how are the words --
>> award.
>> Award the proposal to Mr. Melkur's group. The commercial recommendations are on the last two pages and these are from the music commission.
>>Mayor Watson: okay. Great.
>> I just want to say I apologize -- we really did try to read the transcript and try to understand what it was we were being asked and I promise you this is a community effort.
>>Mayor Watson: and it's obvious a lot of work and time and energy and imagination has gone into it. [Applause].
>>Mayor Watson: and I think I speak for every member of the City Council that we appreciate the effort of the Austin music commission and consider many of the people are the commission friends of each one of us. So thank you. Councilmember Goodman?
>>Goodman: if you read the Austin music commission's packet to us and delete the references to specific companies or groups or persons as regarded commitment within here, then I think you have a very thorough recommendation from the commission about what way they think it could go if we kept it in-house. That is, a City department or whatever we call it. And I'm sorry that -- that in legal processes you find fault with somebody who is being too thorough, but I do appreciate the effort that went into it.
>>Mayor Watson: absolutely.
>>Goodman: and we did not ever get to have input from the commission before this so it makes sense that this is what they thought they had to compete with to keep --.
>>Mayor Watson: and nobody is finding fault with anyone.
>>Goodman: well, some are.
>>Mayor Watson: well, let me do as I promised, which is read the names of people signed up and what they -- whether they signed up for or against. Jeff macc cord against, dean language ston for. Carla major, wrote I support the Austin music network's network plan, and all their additional reem dations and urge the Council to vote no on agenda item 6. Steve clark for the Austin music network against. Bill bunch against. Alan luckette, on behalf -- organization is color sound did not check for or against. J michael bell on behalf 6 color sound against. Katherine crane of detour film production for. Major mcgucken, against. Virginia ivy didn't sign up for or against. Bob livingston against. Susan caldwell, music commission, against. Michaela bell against. Trish foad. Against. Marry jane didn't sign up for or against.
>> Against.
>>Mayor Watson: thank you. Camp benjamin. Ingrid weigand. Helen thorpe against. Mary Aleshire against. I do not wish to speak, however I do not want commercials and advertisement on the Austin music network channel. Woody Roberts for amc. Danny crooks, steam boat Austin music commission for. Bob moore, didn't sign up for or against. Organization is mpa. Lisa ingal. Thank you. And george dolis, against, commercialization.
>> Mayor, we were told we were not going to --.
>>Mayor Watson: I understand. I just am doing what I said I would do. With that, why don't we have some discussion before I entertain a motion with regard to item no. 6. Anybody want to talk?
>>Lewis: I would like to say something, Mayor. Watching this film and listening to what people are saying, constantly talking about diversity, but I saw very little hispanic or african american artists on there, and it's awful strange that, you know, you go to a lot of these places and I see different ethnic groups performing. And I've watched channel 15 for the last month or so, since we've been in this process, and they talk about prime time and all, and I -- I'm still in a limbo of what -- what audience they are trying to reach. You know, whether it be the people that go to the nightclubs, whether it be teenagers, whether it be people near my age, you know, because most people my age -- unless they are watching it during the day, is -- so I have a problem in trying to figure out exactly who are we trying to reach and what are we trying to do with the channel overall. Are we trying to attract people in Austin, are we just trying to benefit the musicians in Austin, or, you know, I mean it's got to be some in detail as to what we're trying to reach when we say we're going to keep it on 24 hours a day. Because I didn't see not one rap song in there, not that I'm professing -- because I don't listen to it, but I didn't see anything in there, but I constantly hear it all over town, and not just by any particular ethnic group, all of the young people are playing it. So that's the reason I'm saying what are we trying to do. The other thing is the -- talking about doing video funding and -- but my question is if people don't get paid, who determines what -- in fact now, who determines what group is going to be on, be broadcast. That's one of my things. I look at some of the groups and I'm constantly trying to figure out, well, who is making the determination had what is going to be broadcast on the channel, and how does the group get on there, how does a group get on the channel. So that's some of the questions that I've had. I think that if -- if we're going to keep the channel, we need to make sure it is managed properly and I'm not saying it's not managed properly now, but undoubtedly something is wrong if it's not working to the 9th we go out for a rfp. I don't think we should turn it over and let it be commercial without having some constraints on it and as I was speaking to some of the other Councilmembers, I think we should make it -- and have control on it same as fcc on radio stations. They tell us what they plan to do the next year and if they don't do it, we review it, take input from the community and if we deem that they didn't meet the goals, then they don't -- it don't be renewed. So, you know, those are some of the things that I think that we need to look at and not only that, but at least allow or get something from the City or from the majority of the people as to what are re trying to do with it. Thank you.
>>Mayor Watson: thank you. Mayor pro tem?
>>Garcia: thank you, Mayor. We probably never have Written a mission and vision statement for the Austin music network, at least not one that I've seen, but I think through the years what has evolved is that the music network is basically supposed to do several things. No. 1 Is give an opportunity to Austin and Texas musicians to have a music show case. And I think that we've done that in a varing degrees. Two was to help show case Austin as a live music capital of the world. And I think we made an effort, very good effort to do that. Three is to help the tourism industry bring people to Austin by showcasing the music. And probably some others. We have -- I have been here since the day that we established the music network and we funded it back many years ago, and the idea was that the network was going to move towards self-sufficiency. We probably did not pay enough attention to that particular goal in the early stages and the music network became just another budget item that got on the budget and got approved it was not until the last two years that the Council started asking the question, and I think it came about because the City Manager in one of the budgets said we're not going to put any money for the music network. P the Council wants to put it on, let them put it on, which we did. And then the following year, which is the year we're in, we said that we wanted to get -- get a plan by which the music network would become self-sustaining. This year or last year. The staff brought us a proposal that the telecommunications infrastructure committee did not think was appropriate so we didn't forward it, and recommendation was made to the Council that we ask for proposals, that we send out a request for proposals. That process is coming to an end, the requests went out, people brought in their proposals, and we're moving towards completing that process. Now, I find it rather disturbing that one of the persons, one of the companies that proposed, one of the not for profit groups, I find them deviating, getting away from that process, and I find their name in another, quote unquote proposal. I don't like that because I think it removes integrity that we built into the process and I would -- maybe it's because the group did not know about that particular provision, even though they had I guess advice from an attorney that was appointed by the music commission. Be that as it may, I would recommend to the Council that we stay with the process or junk it, one of the two. We cannot be telling people this is what we're going to do and then pull the carpet out from everybody because somebody at the very end comes and says we have something better. That does not speak well for the Council. So I would like for us, if we're going to decide to reject all the proposals for whatever reason, that we say why so that we have a clear directive to the staff as to what we want to do, and then decide, you know, what we're going to do from there. I for one think that this process was fair. It involved evaluation by staff, it involved evaluation by an outside consultant, and in both cases, Mr. Melkur's proposal was the one that was recommended. I don't see that the process was in any way, shape or form deficient. And unless we just don't -- somebody just doesn't like it, I don't think that we ought to just disscarred the process and say, well, we're going to start all over again without giving specific instructions as to what it is that we need to do. Like I indicated to you, I watched this process both at the committee level and here, and I'm satisfied and ready to vote to begin the process. We need to get off the dead center. We've been here tuning. And we need to do something -- too long. We need to do something to move this forward or decide not to do anything and just terminate the Austin music network or go somewhere elsewhere, you know, where the Council wants to go with it. Thank you very much, Mayor.
>>Mayor Watson: thank you, Mayor pro tem. Councilmember Goodman?
>>Goodman: I think we do have a mission. I think the music commission wrote one once upon a time and I don't have a copy of it, but I know that people refer to it every now and then, so we do have a mission. Probably never spent any time trying to beef up the vision and the practicalities of equipment and personnel that got you to that vision. But I do want to say that I don't believe the commission in any way was trying to be unethical or to break the rfp process. And by using -- by using the name of the one of the previous proposers, I think that is the perception now. But I do want to also say that I definitely do not believe that it was anybody's intention to be unethical in any way or inappropriate. And we probably -- that was probably my fault. So I accept that responsibility. And still I say, though, if you delete all the mention of any other proposer or particular person from their recommendation, which you have -- what you have is a belief that we should keep the network noncommercial and with the City. So I think in a net shul that is the essence of what the majority of the music commission is asking us to do. And if we were today -- I also think we need to get off the dime. We've been sitting on it for a couple years now. So it is time to do something. And I would also like to say at this point that I very much do think that it is a safer, more people and local artists oriented guarantee to keep it noncommercial, which is why I've always -- [inaudible]. [Applause].
>>Goodman: now, before I quit talking altogether can I also say that nobody who knows rick melkur has ever said anything to bad to me about them, about the whole proposal and about you yourself. It is not about people and personalities. And the video was great. I understand why people are drawn to it, and I want to thank all the proposers because I thought each of them was very good. There were similarities running through ech and every one of them. All of them on how to make a really great local music channel. And on that, if we differ on how to make amn a great music channel, I hope that that's all it is, a difference of opinion and not some kind of music and artist war. Thanks.
>>Mayor Watson: thank you. Any further discuss? Councilmember Spelman?
>>Spelman: Mayor, I would like to ask Mr. Melkur some questions, if I could.
>>Mayor Watson: all right. Mr. Melkur, if you would come forward.
>>Spelman: the questions are with respect to the commercial recommendations, the last two pages of the commission's report to us. I'll say report. That seems to be a fairly neutral term. Rick, have you had a chance to take a look at these recommendations?
>> just briefly in the bam of the room spe we just got the report earlier so I am not surprise. I would like to can you a couple questions off the cuff, if you could give me a response to it. A lot of the recommendations are our concern, what kind of a negotiation we strike with time warner, for example, if -- in the event of some kind of failure and we're off the air for ten days to give ourselves a little more leeway that sort of thing. So I won't concern you with that, that's something we can do on our own. There are a few suggestions the commission would have for a negotiation with you if we chose to go with you and your firm. One of them is the City closely monitor monthly spending and income. You got any problems with releasing monthly financial statements to us?
>> no, our proposal is very specific on how the City will actually -- we invoice the City for the cost of production and they reimburse us.
>>Spelman: we would be reimbursing on monthly day cyst.
>> Yes.
>>Spelman: the commission requests that the name Austin music network be retained. Do you have any problem with that?
>> I don't have a problem. We used Austin's music and arts channel to differentiate our proposal from all the other proposals, and they would have all been saying amn. Actually what we would like to do is use amn, Austin's music and arts channel as a descriptive line. That was always our intention.
>>Spelman: I've always been a little concerned that it's really not a network. We've only got the one channel.
>> Km is like we would like to use the music and arts channel to give it a more accurate stript I have term.
>>Spelman: but you have no objection to --
>> no, I think amn has a nice history and there's a lot of material we might want to use that has amn in it and makes sense to keep it.
>>Spelman: they are also recommending the City maintain minimum requirements and should include but not be limited to -- I'm going to run down a few. Number of hours of programming per day.
>> We proposed 24 hours of programming per day. That does include some repeat but most of repeats would be shows that repeat within the same 24 hours.
>>Spelman: so you wouldn't have whole days same as previous.
>> No.
>>Spelman: number of new programs versus repeats per week.
>> The proposal is very specific, I think we have three blocks that repeat within that 24 hours. We do have weekly programming that we would probably produce 13 episodes of and then repeat those, and that's fairly standard in the cable business today. If you watch cable television at all, you know that in order for them to meet their financial goals they have to do repeats and we would have to do some too. You can't do 24 hours fresh, new, every day on a national basis with a national budget much less a local.
>>Spelman: my 12-year-old is addicted to repeats of seinfelds. I think eve seen some several times.
>> Minimum of 75 percent total Austin or Texas music played on channel versus national acts. 75% Austin, Texas.
>> That I began to have a problem with. I don't know if anyone has ever done an analysis of what the current channel is airing, butts I would like to -- I did a quick look at it. And I would like to pointed out I think there have been some misconceptions about the current channel being only Austin and Texas artists. It seems that that is what people want to describe it as. However, and I'm not going to read the whole list, but I have copies of this. I have probably 40 artists, including John tesh, nxs, phil collins, John lennon, temptations, grace jones, jimmy hendrix, led zep lynn, janet jackson, none of which show up in the directory of Austin musicians or Texas musicians. I would also like to point out they have been running half hour shows which included in july, on july 14, 15 and 16, they did a 30-minute epk, which is electronic press kit basically, a commercial for the latest release. They did a dolly parton show which they aired four times within three days. Likewise, a pink floyd concert that was two hours long that they aired twice in the same week. So we would be willing to be held to the same standards that they've been held to if in fact they -- that can be quantified and I have questions about how you do percentages. Percentages of what and does an artist who appears at 8 p.m. Carry the same weight if you play his video at 5 a.m. I would also like to point out in pure math if we're required to run 70% during a 24 hour period, that would require 1,000764 videos. If the videos average 4 minutes apiece. I frankly don't know what is in the library, but I would be very surprised if you could do that and keep the programming fresh on a week to week basis. The idea that national artists are bad is -- is absurd. National artists will broaden the audience. If you put a national artist on and a local artist behind them that local artist has been seen by more people than they would if it were only on new bans or just Austin bands. The idea we believe to be a vehicle for true economic development is for the musicians to be able to come on and be seen, not just appear.
>>Spelman: if -- I understand it's -- it would be difficult to quantify that number right now, but could you give us a rough sense for what percentage of the videos now on the amn are Austin artists?
>> if you want to call that 51% or 55%, we are -- we are really honestly dedicated to keeping the local aspect. We have devised shows and a format that new artists that don't even have videos and don't have the money to do videos will be able to come into a studio during a live show like they do on the radio stations and perform. And then we can use those tapes of their performances and repeat them throughout the schedule and essentially create videos for them at no cost t channel in the past has charged artists to do videos.
>>Spelman: okay. Statistics on the programming content must be kept and made available to the City upon request.
>> That was not in the rfp and we didn't budget such a person acknowledge I would say it would probably cost, $20,000, $250,000 for a person to do that. That's a pretty substantial task.
>>Spelman: okay. That's not something you do as a part of the program is just log in whatever it is --
>> we would keep logs and the logs could be analyzed, but doing reports and reporting is -- it's another task. It's not one kald for in the rfp so we don't have it in the budget. Further analysis we might find a way to do it by computer for a few thousand and it would be no problem. But since we didn't anticipate the cost, I could say that we've covered it in our proposal.
>>Spelman: okay. And what assurances can you give us that you would have a special emphasis on new, not yet commercial artists?
>> it's real hard not to say read my lips. I've answer thd question, it's in the proposal. It's in writing. We've said it on the radio, we've said it to the music commission, we are absolutely dedicated to having this be a local channel, one that highlights artists that puts them into a professional environment, makes them look good, in programs that are good enough not just to run on the Austin music network, but hopefully to syndicate and send world wide. If the artist cooperates in letting us have the rights and we would, by the way, expect to pay for those rights. If we syndicate a show, the artist deserves to be paid if he is in the show. We'll leave it at that.
>>Spelman: last question, the commission is very concerned about the status of the archives. And they are asking that the respondent be responsible for archiving and preserving the current archives. Are you willing to take that on?
>> we mentioned, that was a followup question in our interview and we've responded during the interview, which three of the commission members sat on and said that we think there's a very valuable library there, just as a functional thing for us to make it usable to us, we're going to have it copy it over to new tape and it's in our budget to preserve the library.
>>Spelman: and of course, if the contract is ever terminated we're going to need the archives back.
>> Let me say that too. That's another misconception. Bordering on misrepresentation. We don't get anything. All we are are the hired help. We are -- I would liken this agreement to being we are asking the City Council to hire us as the manager at a fee that includes all the costs of our employees. We do not participate in the profits. We are paid a fee on a -- it's our proposal is basically a management fee and a cost plus basis. And the channel is still nonprofit. Even though it's commercial, the profits are not taken out and that's been dictated into the contract with time warner, which requires all of the profits to stay in the channel so we don't own anything. Were the caretakers and we will be careful caretakers. And will generate the money through the sale of advertise to go expand the archives and increase it and make it more valuable over the years.
>>Spelman: one last question for you. This isn't the commission's question but it is mine. A lot of people find commercial tv annoying because you've got a block of commercials and then maybe you've got five or six minutes of programming and then back to commercials again. How do you envision structuring that commercial time relative to programming time?
>> well, we have to -- we have to -- someone else likes the question. Well, I would point out that not everybody finds commercials annoying, a lot of people think they are formative.
>> No, huh-uh.
>> Also, what we're looking at here is we are asking the businesses in this community to support the channel, and they are not going to support the channel unless it's for their own good, unless the commercials work for them. We're not asking them to make donations. Nor should you. If this is an economic development efforts, then it has to work economically for all the participants and that includes the advertisers. However, I would point out that in our income projections which everyone agrees are quite aggresive, and I will agree they are quite aggresive and they are projections that we can only meet if we get the full confidence of the music industry, of the musicians, of the music commission, and have the full confidence of the City Council. When we are generating $100,000 a month in revenue at $50 a spot, we would be running an average of three commercials an hour. That's hardly oppressive in terms of commercial watching. We would also -- as all good broadcasters do and professional programmers do, take advantage of opportunities where we have a live concert and we think it's best that it not be interrupted and we ask the advertiser to sponsor it on a front and back basis, and sponsors understand that. That's not precedent setting, it's done all the time ti, and the sponsor will pay more to do that. Because of the pr value and their ability to say we're going to present this concert uninterrupted by commercials and in that it becomes revenue neutral to the agency. I would say we will have hours and hours and hours of commercial-free programming into the third year since our projections would indicate that when we have more than tripled the budget of the network, we would still be only selling about 16% of all the available ads on the network.
>>Spelman: thank you.
>>Mayor Watson: I'll entertain a motion with regard to item no. 6.
>>Garcia: Mayor?
>>Mayor Watson: Mayor pro tem.
>>Garcia: as we began this process at the telecommunications commission, I want to finish here by saying I'm going to move that we approve the staff recommendation.
>>Mayor Watson: motion has been made to approve staff recommendation by the Mayor pro tem. Is there a second?
>>Spelman: I would second that if I could add that in -- if we could also direct the City manager to negotiate a contract along with rick melkur and his firm along the lines recommended by the music commission.
>>Garcia: I accept that.
>>Mayor Watson: Mayor pro tem considers that a friendly amendment so the second by Councilmember Spelman. Any discussion?
>>Slusher: Mayor, would that be along -- Councilmember Spelman, would that be along the fcc model that Councilmember Lewis laid out? where they -- where the Council or the City would have some regulatory authority to say whether they are meet those guidelines?
>>Spelman: yeah, that would absolutely be part of that.
>>Slusher: what would happen if they are not? maybe Councilmember Lewis should elaborate on that because I like that idea.
>>Lewis: well, my recommendation is just to make sure that the channel is meeting the community's need and the community's desire is that, you know, they say what programming they are going to do and if the Council accepts that or the contract is given on that ground, then the following year it's a review made of it and to see if they -- if that's actually what they've completed. Because if they say they are going to have diversity, community diversity of music presented on the channel and it can be proven from tapes and all that that hasn't happened, then we need to make sure that we find someone else to do it or some remedy be taken for that.
>>Mayor Watson: since the question qas direct at Councilmember Spelman let me recognize him and let him answer.
>>Spelman: I think our usual recourse when somebody fails to comply with a contract is to cancel the krort of cart. That means we take amn back and try to do it ourselves and find-sorry moneys of programming.
>>Garcia: let me say there is a process called ascertainment that can be used, it's a model that is used to even survey the community. You know, they can do that at the end of the year, at the end of two years, whatever, to figure out -- to ascertain whether the channel did what they said they were going to do. Exactly what Councilmember Lewis was talking about.
>>Mayor Watson: let me try to out something here and see if this satisfies the discussion. As part of the motion including the second of the friendly amendment that became part of the main motion, that it be put into the contract and negotiated into the contract some mechanism for ascertaining whether or not the contract was being met -- terms of the contract were being met on a periodic basis and to uses the language that Councilmember Lewis used, meeting the needs of the public. Would that satisfy and meet what you all are talking about.
>>Slusher: would you say it one more time?
>>Mayor Watson: I'm not sure I can. Play back that tape.
>>Slusher: maybe play the tape back.
>>Mayor Watson: that as part of the main motion that the direction of the City Manager on the negotiation of the contract would be that it contain a provision for the City to be able to ascertain during periodic review whether the terms of the contract are being met and whether the party is meeting the needs of the public.
>>Slusher: which would include the criteria that the music kmanl has -- I mean music commission --.
>>Mayor Watson: that's already part is what is main motion is to negotiate with those items in mind.
>>Slusher: okay. And these are very long -- I just want for simplification -- go ahead.
>>Mayor Watson: let me interrupt real quick. Did that language address the question you were raising, because you asked whether or not that was part of the motion.
>>Slusher: what would be the recourse.
>>Mayor Watson: the recourse is cancellation of the contract.
>>Slusher: okay. Just as long as that's clear.
>>Mayor Watson: Mayor pro tem?
>>Slusher: that would be at the end of every year, ends of fiscal year.
>>Mayor Watson: what we were saying is periodic, so that they could -- let the City manager negotiate. Annual basis.
>>Slusher: yeah, I would think we might want to do it where it's not exactly on the fiscal year so that if something did happen we wouldn't have to introduce that into the budget process and maybe do temporary funding and get a cycle like that going.
>>Mayor Watson: that seems fair. Then the direction would be for the City Manager to have some review or ascertainment of whether or not the contract terms are being met and serving the public need on an only basis, but we will leave discretion with the City manager to figure out what that annual period, when it begins and ends. Mayor pro tem, do you consider that to be friendly?
>>Garcia: yes.
>>Mayor Watson: Councilmember Spelman? all right. Hang on. I didn't want to cut him off to make sure --.
>>Slusher: you sure did. [Laughter]. I would like to add in that there be ethnic diversity and musical diversity as part of the criteria.
>>Mayor Watson: Mayor pro tem, do you consider that to be a friendly amendment?
>>Garcia: you bet.
>>Mayor Watson: Councilmember Spelman.
>>Spelman: let me also add that -- yeah, never mind.
>>Mayor Watson: okay. Are you -- are you fin ironed, Councilmember Slusher?
>>Slusher: I mid want to say something later.
>>Mayor Watson: I had told Councilmember Goodman she was next then Councilmember Griffith.
>>Goodman: can I ask if you would consider spligtd this into two motions so I could at least vote for half of it? the components of the contract as opposed to going ahead with the commercial endeavor?
>>Mayor Watson: I think you need to ask the Mayor pro tem. It's his motion.
>>Garcia: I'm sorry. I didn't hear.
>>Goodman: would you consider splitting it into contract issues versus approval of the item on the agenda per se?
>>Garcia: well, I don't know what you mean by contract issues.
>>Goodman: that's what we're talking about, the recommendations from the commission.
>>Garcia: that's all part of the motion.
>>Mayor Watson: and what she is saying is she wants to -- what I think is implied in what she is saying is she is in favor if you are going to go forward with it, put all that in the contract, but she would vote against them if it's made part of an overall motion that says you would go with the staff recommendation. And if she is asking whether or not you would consider splitting -- if there's a way to split it out.
>>Garcia: vote on this first?
>>Goodman: well, it doesn't matter, first or second. Otherwise, my only alternative I can see is asking you all to accept friendly amendments for a motion I'm not going to vote for.
>>Garcia: so you would vote for the contract provisions and then vote against the main motion? I don't have any problems with that.
>>Mayor Watson: well, then let me -- I'm going to recognize that as -- here's what I'm going to do. I'm going to -- everything since Councilmember Spelman started talking is an amendment. No, here's the way we're going to do that. Councilmember Spelman's second that you accepted as a friendly amendment, which includes the direction of the City Manager to consider the recommendations that are put forth by the Austin music commission, the ascertainment provision, including the recourse discussion regarding cancellation, and the requirement of ethnic and musical diversity, I'm going to recognize that as a motion to amend the main motion, which is to accept the staff recommendation. That is, I'm going -- going to recognize Councilmember Goodman as making that motion and you as seconding the motion, Mayor pro tem seconds the motion. We will vote on that amendment first. Then we will come back to the main motion, which I think separates it out the way Councilmember Goodman would like to do that.
>>Goodman: okay. And in that vein can I offer a couple things that I think everybody would be okay with?
>>Mayor Watson: sure.
>>Goodman: that is on nou 3 what the commission says is they would like to have input into whatever entity we have that oversees the contract. What I would like us to consider along with that is some kind of public accountability component Written it's ongoing and interactive with either us or the commission, one of the two. The second is that we consider asking that a certain percentage of Austin artists be part of any commercial, meaning the music or the actors or what have you. And I'm not laying out a particular percentage. [Applause].
>>Goodman: and that lastly, we renegotiate if at all possible with time warner for the retention of amn's current place in the tier.
>>Mayor Watson: all right. As I understand it rntion let me make sure I've got it, one is that emphasis be placed on number no. 3 In the direction of the City Manager so that the input is ongoing. Second is that a -- a direction is being given to the City Manager that negotiate on certain percentage of the talented be Austin artists, although we are not directing what that percentage is, but it is in the direction of the City manager, and the third is -- I'm sorry.
>>Goodman: in the commercials.
>>Mayor Watson: Austin artist content.
>>Goodman: that sounds good.
>>Mayor Watson: okay.
>>Goodman: in the commercials.
>>Mayor Watson: in the impherbls.
>>Goodman: and the third was that we-on-.
>>Mayor Watson: reknowing with time warner to try -- reknowing with time warn tor try and obtain amn's current place. All right. Mayor pro tem is the maker of the second on the amendments, do you consider that to be friendly?
>>Garcia: I just wanted to ask the proposal -- the proposer that's being recommended if all those things can be done. I think the last one is ours, you know, we can negotiate so we can keep 15rx but there's other provisions that -- did you understand everything that was said?
>> I'm not sure -- certain I did. I'm concerned about if Councilmember Goodman is suggesting that we only -- or that we have to have a certain percentage of commercials that have Austin artists in them, Austin musicians? Austin --.
>>Goodman: whatever, local --
>> I would personally -- it's going to hurt our ability for self-sufficiency if we have to turn down advertisers because we've reached our percentage of nonAustin artists. You know, the idea is to get advertisers to pay for the channel and to do anything that restricts the ability to do that is moving us a little bit closer to failure and I don't think any of us want to fail on this. We have no control over who does a commercial, whether or not they use an Austin artist. That's up to the advertiser and the advertiser agency. Advertising agency. Now, what we could do, perhaps is some sort of incentive that gives an advertiser maybe a discount if they do have Austin musicians in them or an Austin talent. I mean we can work with it. We're trying to make this work for everybody and to employ as many people in radio, television and music as possible through this channel. So if we can do that and take a 5% hit as a discount rather than turn down maybe thousands of dollars from an advertiser, it would make a great deal more sense to me.
>>Goodman: well, and I think there are various ways to look at it. Since I didn't name percentage and didn't really nail down like each commercial or anything like that, there's a way --
>> there's always a problem with quotas as to how you figure the quote take.
>>Goodman: so if you had something like exxon, I'm sure they have some corporate headquarters where they would do it. But if you were doing a commercial with a local venue, for instance, your percentage could be upped by that. Anyway, I'm asking for a consideration of that.
>>Mayor Watson: and all the motion does is drektsz the City Manager to -- directs the City Manager to negotiate with regard to a certain percentage and she was very careful not to set a percentage so that this needs to be part of the negotiation.
>> I don't mind having it part of the negotiation.
>>Griffith: while Mr. Melkur is here may I ask something? you have suggested that $500,000 would be something that you needed for the nirs year. We've been -- first year. We've been putting $300,000 in every year for a lot of years and that would be $200,000 more than we've been doing every year. Is there any -- could you consider a less amount than a $200,000 jump for us in one year?
>> we really did. We tried to keep it because I had met with several of the Councilmembers, km Garcia, Mr. Slusher, Mr. Spelman wrx a lower number, with a $300,000 number and I was embarrassed to have to come back with a $500,000 number later. But the reason we did that is in the meantime the City negotiated a deal with time warner that does not allow us to participate in the profits. As I said earlier, we're just being hired to manage. We are -- this is not a -- we don't own the channel, we don't own the business. And I lost $200,000 in investment because there was no return. There was no way to pay back that investor. And that's the $200,000 that I really moved up. At that time we were at $800,000 total over three years. All I've done is move $200,000 into this year, which I understand from my research in the City's budget process whether it's 500, 200, 100 over three years or three, three, two, it still has to be allocated out of this year's budget of 800,000.
>>Griffith: I was listen, but I didn't understand the part about moving last wreer's 200,000 into next year.
>> Basically that's -- next year's. Did I say last year? basically all we did in our proposal is we moved money out of future years up front. And the reason for doing that.
>>Griffith: income money or expense money?
>> subsidy money from the City. If that's what we would like to call it. And the reason we did it is that it's very important that we make a dramatic statement in the new programming. And those are up front programming costs and we may be on the air, we project 30 days, we could be on the air 60 or 90 days. It's possible that I'm wrong about our projections. With no income whatsoever. And you've got to invest in the channel first so the advertisers believe that there is an audience, so that the audiences increase so that they believe it's better and it's there and it's being watched and that takes time and that's with why we need the money up front rather than in the second year.
>>Griffith: how are we going to show the advertisers that the viewers are there?
>> we have some ideas on how to do surveys, inexpensively. We would hope to piggyback on any time warner surveys that they do for their advertisers supported channels and that would not be an increased cost to them. And having been in the advertising business for quite a enough years, I had my own advertising agency, I was a media director for a national agency at one point, I know that advertisers and agencies, if they want to give the benefit of the doubt to something they want to buy, they will accept things like trance as avl things like number of people that call in a contest, number of people who call in on -- for a request. Those sort of things that show there is an audience out there that -- that the station is happening, that people are showing up when you promote an event. And they will take that over true neilsen raegts. We also found as we talked to advertisers there's a general interest in support the Austin music network at the level of quality that we've proposed. A very major -- within we've used their names in the past, I'll say it to you, mcDonald's has said we know you won't have the rates and we'll have to -- we'll find promotional dollars to help support you because we want to be seen as a company that supports the local music industry and I think we're going to find a lot more advertisers like that who won't be quite so dependent upon numbers and just willing to take the pr value of being supportive of something that's important to this community.
>>Griffith: well, I think there will be some missionary journeys like that. I'm not sure how many. I'm not sure there are half a million dollars worth net and I think that's what we're talking about. This would be essentially a startup. Because it's been-he it's been nonprofit and then it would go to being a real business.
>> It remains nonprofit, but a real business nonprofit.
>>Griffith: it would be real business. Have you done any startups before?
>> yes.
>>Griffith: can we talk about that?
>> certainly. I've started two production companies that were successful I have done -- I have to go back. I own my own advertising agency, which was a startup, back in 1970 something. Back when I was younger. I have also been involved in refinancing companies and in running companies that were financially troubled. I have been hired in the past to turn around companies that had -- one company that had a significant amount of debt and it -- if you've ever been involved in a turn-around you know that's more difficult than a startup. We started that or I went into it as ceo with over $60 million in debt. And we kept it alive for seven years on that basis and sently we did have to -- eventually we did file bankruptcy and gave it up, but we struggled and almost made it.
>>Griffith: and grots she that's great. Are there some -- are there some performance -- specific performance measures we could agree to between now and this time next year that if it didn't work, it didn't work and we call it off?
>> I'm perfectly satisfied with that.
>>Griffith: could we do that at any level below a half a million dollars?
>> that's up to Council. I would like to be given a real opportunity and I think anything shorter than a year is difficult. Certainly in the contract and in the rfp, the City has already taken the right to cancel with 30 days notice for no cause.
>>Griffith: eye got a problem with that in -- I've got a problem with that in terms of I would hope we could do not for no cause but for -- have some very specific benchmarks that the manager and you could agree on, like every 90 days we take a look at what income is and what expenses are and what net is and what the trend is. How would you feel about that?
>> it's -- that's fine. I mean I would hope and I'm sure the City understands that our projections are just that, they are projections. We don't have that money in the bank. We're not going to write checks for it. And they may be off, but we may be get a lot of people saying, oh, you are too late for this quarter's budget, but we'll put you in next quarter's budget. I don't mind objective conversation and realistic conversation about are we moving in the right direction. Hard goals are a little bit more troublesome, but they are not as troublesome as we can cancel you in 30 days for no reason. That's a lot more troublesome than meeting you all's --.
>>Griffith: so you would be comfortable with a one year deal but not below half a million?
>> well, I have -- well, I have a bit of a problem with a one-year deal because parted of our proposal is that we have negotiated with a number of video facilities in town and this was a major component of our proposal was that we would utilize the -- some of the unused capacity with the people in the film and tape industry in town who have already made a large investment in theirs, and what they have agreed to do is to defer a lot of cost into the second year. If I agree the an absolute one-year deal, I'm going to lose those, I'm going to lose that investment and that was the only investment that I could keep because they have to have a chance to recoup their deferred charges as well.
>>Griffith: so you would not be interested in a one year deal at less than a half a million?
>> it would fundamentally change our expense and income projections and I'm afraid move it closer to failure and I don't want to do a project that fails.
>>Griffith: makes sense. Thank you.
>>Mayor Watson: all right. Hang on a second. I just want to get us where we are. We have an amendment, a motion and a second to an amendment. The main motion. The main motion is to accept staff recommendation. Before we vote I'll run through all the promd amendments, but that's where we are right now. A discussion is on the amendment. Councilmember Lewis?
>>Lewis: yeah, if you would, I just have a couple questions I would like to ask since we are going to be generating revenue for advertisement for the programs that we're going on have on and it's going to be music. It's my understanding that if a musician that belongs to the musician union is not planned for strict nonprofit organization, then they have to get paid union wages. Would -- and I know someone like w.c. Clark or ray Charles would generate more revenue than someone that's just starting up. So my question is what -- by you having to pay -- I mean by having to pay musicians, what -- what benefit would it be to beginning musicians to be -- or how would they ever get on the air? you know, during the program unless they was from midnight to six in the morning?
>> it's not true that you have to pay musicians. [Applause]. Musicians are not paid when they do music video that promote their appearances or promote their cd's. They do that and their benefit in doing that is the exposure they get on the channel so frirbly they are not paid for that. If you do a long form program like a concert, and you do it under strict union rules, then the musicians would be paid and that's a budget item and something we have to consider in our budget and what we can afford to do if they want to charge us to do that. It's really a matter of the musicians. If the musicians want to be paid and live off of the channel, then it's going to raise the expenses. If they see the channel as a way to promote their careers and sell cd's and get booked and get more popular, then this will be a very positive symbiotic relationship for the whole community.
>>Lewis: just between you and I, what benefit is a 24 hour programming --.
>>Mayor Watson: none of the rest of us are listening.
>>Lewis: no, no. I mean what is the benefit of a 24 hour broadcast on the channel? I mean because it's -- I understand, you know, and I watch late night tv, but some of it is from the 1950's and -- but -- to broadcast, you know, between 1 a.m. Or 2 a.m. And 6 a.m., what is the benefit?
>> that's when the musicians are there to watch. They are out working earlier in the evening. I think you have -- you have shift employment throughout the City and there are people who watch at all times of the day. So that's -- you know, I think the fundamental reason for doing it. But also it allows us an opportunity to spend a budget on three hours of programming in the early evening or late evening that we will rerun in the early morning for a totally different audience. I think it's safe to say anybody that watches from 11 to 2 a.m. Probably is not going to be up to watch the same program from 2 to 5 a.m., that's going to be another shift of people who come in off their jobs or home from work. And it really doesn't cost us incremental cost of covering those additional hours is very smarl.
>>Lewis: okay. All right. Thank you.
>>Mayor Watson: all right. The motion that we will vote on is the amendment to the main motion. The main motion being approve staff recommendation. The amendment, the proposed amendment by Councilmember Goodman, seconded by the Mayor pro tem is to follow -- to direct the City Manager to utilize the Austin music commission's recommendations that are the last three pages of the -- sorry, last two pages of the large packet that was presented, to create -- to direct City Manager to utilize as part of the negotiations as negotiate a ascertainment provision that would be done on an annual basis with recourse being cancellation; to negotiate with ethnic and musical diversity being a criteria; to assure -- to negotiate with input being ongoing; to negotiate related to a certain percentage of the Austin artists content in the commercials; and to direct City Manager to renegotiate with time warner regarding Austin music network's current place. Is there any additional discussion on the amendment?
>>Griffith: could I do one quick request for friendly amendment? that we request that the manager give a short interim quarterly report on income and expenses and the status of the operations?
>>Mayor Watson: motion is -- the promd friendly amendment, I'm directing this to Councilmember Goodman and the Mayor pro tem, is that for a period of time of -- during transition, the --.
>>Griffith: one year.
>>Mayor Watson: for one year, the City Manager make quarterly reports to the Council regarding the status of the startup.
>>Goodman: I just wonder if maybe you should start six months after startup.
>>Griffith: okay, six -- like 120 days and then 180 and then --.
>>Mayor Watson: quarterly.
>>Griffith: quart irrelevant afterly that. Las vegas.
>>Mayor Watson: do you krr that friendly.
>>Goodman: uh-huh.
>>Mayor Watson: Mayor pro tem?
>>Garcia: you bet.
>>Mayor Watson: so the direction is that beginning 180 days after the execution of the contract, the City manager would for one year provide quarterly reports for the Council regarding the status of the startup. That is the promd amendment. Is there any discussion on the amendment? hearing none, all those in favor say aye. Opposed say no. Motion carries on a vote of seven to zero. That takes us back to main motion which is to approve staff recommendation with those amendments as part of the staff recommendation. Is there any discussion?
>>Goodman: yes.
>>Mayor Watson: Councilmember Goodman?
>>Goodman: it's not actually discussion but I want to take this moment. Getting deja vu with Beverly's questions about how much money you need to do make this work and I think that's the reason why it's not been working in the pachtd so in the context of a lot of hard working people with not enough money and equipment, I think before we vote we could say thank you to all the folks tho kept Austin music network on the air and with some pretty good stuff. [Applause].
>>Mayor Watson: absolutely. Well said. Any additional discussion? Mayor pro tem?
>>Garcia: while we're passing out kudos frx I want to, in case km former km max nofzinger, he was one of the people who asked that this with done and I want to sthang you for all the work you've done.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: I would like to say since we are talking about people that's doing a lot of hard work, you know, the commission and believe me, I'll be make an appointment as quick as I can to the commission to try to get people on board, but I -- you know, being on the -- having been on commission and boards and commission before myself, I know it's a lot of time and effort that you spend and very -- get very few thanks for it. Most of the times you are criticized for the things that you recommend. And I would just like to thank the commission for the hard work that they are doing. Especially this last week putting together this -- the amount of work that they did on it. And plus that, you know, I mean they don't get paid so, it's -- to me it's something that they do because they feel it's the right thing to do and they have an interest in it and so I would like to say -- thank them. [Applause].
>>Mayor Watson: Councilmember Slusher.
>>Slusher: I just want to say a few words about my thinking on this. I have a lot of friends in the audience on both sides and friends at the music commission, music channel itself and wanted to add my thanks to the people that have kept it alive up to this point and kept it -- kept it going. I was willing to consider the color sounds proposal and looked at it over the last week and was I -- I will acknowledge that I was leaning towards the staff recommendation, but I was willing to consider that and came here with an open mind today. I don't think -- I think the Mayor pro tem is right, that we can't even consider it at this point after the way that it became part of another proposal and I think had some City employees working on it too, it would be a real problem, I think, for us to go outside the legal process and take that proposal now. I just don't think we can do that. And the alternative to that is to start over. I would like the commission -- like the commission recommended, and I don't think we can do that either. I said last week I think we need to move on today, not go for six more months or three more months, we've been doing that for quite some time, keeping it going on temporary funding while we try to work something out. And I think it's time that we try this proposal. And I've heard it said today and a few other times recently and read it in that weekly paper, we have that the City -- if the City would just put more money into it that that would perhaps solve the problem, or I've even read, heard that City Council is not committed to putting money into the network. We've been putting money into it ever since former km nofziger had the idea to do this and in fact first year is going to increase funding in hopes that weaning it off City money which I think we need to do which has been the goal for stow time so I think it's clear from the money we're putting in and the time the Council spent on this and the Council, telecommunications subcommittee headed by Mayor pro tem Garcia has spent on it the City is very committed to the music network. And the proposal, the staff proposal that we're about to vote on, it was -- it is the one that came out of the process recommended by the staff. There is outside consultant hired to look at it independent, came to the same conclusion, and there are many members of the music committee music community that support it. I think the music community is pretty split on this and that's not unusual for any issue before the City Council for folks to be split, but I hope on something of this nature that folks will give the -- Mr. Melkur and the group a chance and try to work with him. I think they are committed to keeping it local and having local artists very solidly involved and I would think they will be even more so after going through this process. I hope so, I hope you don't come out of the this with any bitterness. I think the amendments that have gone on today are going to make it a lot -- are going to help ensure that's the case that they will do that, although I think they were committed to that anyway, but this will give the City Council authority to make sure that that's the case. So I'm just asking that everyone give this a chance, assuming it passes here in a minute. Thank you.
>>Mayor Watson: the main motion approve staff recommendations with the amendments pass odd a vote seven to zero. Any further discussion? hearing none, all those in favor say aye. Opposed say no.
>>Goodman: no.
>>Mayor Watson: vote passes on a vote of six, one, with Councilmember Goodman voting no. Thank you all very much for being here. Council, we're going to items 27 and 28.
>> Very, very, very brief presentation.
>>Mayor Watson: but I see ms. Futrell standing. [Laughter].
>> I missed it. I have a feeling I should have heard that too. Was that, very, very short.
>>Lewis: ms. Futrell and shortness is not --.
>>Mayor Watson: if I could get everyone everybody to blees carry on their conversations in the hall way. If we could have the Council in order. We need to move to other items. Thank you.
>> Council, you have in front of you two items, items 27 and 28 and it's for -- regards harris branch mud. Item 27 is an agreement that would form the framework for how we would handle assets, developer reimbursables and even this beginning of a framework of a service plan for harris branch mud area. Item 26 is ordering an election for purposes of dissolving all three of the muds within the harris braj area in preparation for full purpose annexation. We have been presented with three resolution from the three mud boards asking for this. In addition to that you have got in your backup a copy of a petition that has 69% of the registered voters in this area that have signed it. We were able to verify 63% of those signatures. The petition that was signed basically states that the City of Austin, it requests that the City of Austin conduct an election on a proposal to dissolve the muds and further requests after the muds are dissolved that the areas comprising the muds be included within the City of Austin's full purpose boundary limits. There is a lot of history involved behind this. You know that in 1995ist let you are passed senate Bill 1396 which allowed harris branch to change status from full purpose to limit purpose. And with that came a lot of different feelings and different -- probably some baggage on both sides of the fence. One of the most important reasons this occurred had to do with the fact harris branch mud was a in-city mud and thus they were basically they were subjected to both mud and City taxes and I think in retro suspect that had a a primary purpose behind some of the things that pursued. Since then we have been in discussions with both the developer, the mud board, and applied materials on a number of issues. And in the course of that discussion, the possibility of disz solving the muds and having harris branch come back into the City for full purpose annexation came up and that's the history of the items we bring in front of you today. There are a lot 6 reasons, a lot of benefits for all the different interested parties as part of this. For the residents, the dissolutionment of the mud and reannexation will reduce the overall tax burden of each of those residents. City tax rates are lower than the current mud tax rates. For $150,000 home in harris branch, that resident might see on average about $650 worth of savings a year. That's not including a $48 library card so you are get up closer to $700 annual savings. For both the residents and applied materials, they would benefit from the City's investment in much needed, for example, road maintenance and improvements. For the developer and for the residents, this helps provide some certainty in development and some assistance in development and infrastructure maintenance. For applied materials, who opted at the point of 1396 came into effect to stay nid City limits, as their tax abatement in up next year this will assist them in not finding themselves back in a mud situation. For the City of Austin will are a number of benefits. It is a good longterm financial investment for the City. It caps the liability for future developer reimbursables it afirms the City's commitment to the desired development season zone and gives the City control over services in that area, two key water and wastewater as far as fire services. We've had a fire station in the area we have not been using. Since the annexation status chapgdz in harris branch. So for next steps, the City cannot reand next the muds for ten years based on senate Bill 1396 unless the muds are dissolved by election. So item 28, if approved, orders that election to take place on november 3rd. If the election results in an affirmative vote, annexation proceedings will begin immediately. Annexation will be effective at the end of december. Item 27 lays out the framework for investment on infrastructure, development reimbursables and a framework for the service delivery plan. So that in summary is what you have in front you. Two items, a lake travis of different backup associated with 27 and 28. Probably most important is to just take a glance at the 25 year all funds analysis. The general fund is able to stay in the black, whole from year one. All funds break even in the year seven. And there is a substantial benefit for the City in the long run over the 24 year all funds analysis. And available for questions if you have them.
>>Mayor Watson: thank you for the concise presentation. Councilmember Slusher? Councilmember Slusher? slrb she said the tax.
>>Slusher: she said the tax rate at the harris branch mud is considerably higher than the City of Austin.
>> I believe it's 81 cents.
>>Slusher: 81 cents and ours is 50-is it 51? 81 cents, that's about -- yeah that's probably coming up pretty soon. We're not going the raise that above your recommendation. [Laughter]. So that's about 60% higher. Theirs is. Han that translates into about $650 savings.
>> Uh-huh. Including all fees, tax increases, everything for an average $150,000 home, it's about a $650 a year savings. And don't forget to throw in that library card.
>>Slusher: so $700 with the library card. Like you said, you are taking in all the fees.
>> All fees.
>>Slusher: they will still be saving about $650 annually.
>> Utility rates, everything is incorporated.
>>Slusher: would you go into a little more detail on the City's financial benefits from this?
>> 25 -- this is a longterm financial decision for the City. There are a couple services issues that are very important to us on the front end and for residents of the harris branch area. First is the provision of waste water service. The City would be taking over that, providing the capacity in that area, but it's also an important flow-through for the desired development zone for us. The fire station would open up January 1 with a full contingent, it would serve not only harris branch but other areas in our desired development zone to make our response time even better. Financially the general fund is able to stay whole with a timed or phased pay-down of the doler's reimbursables from year one on. The all funds analysis will show a break even in year 7. Over 25 years, it's anticipated at full buildout that you could be looking at over $90 million.
>>Slusher: there's no rate increase associated with this?
>> there's no utility rate increase associated with this annexation. We've accomplished that by doing a phased and timed payout of the reimbursables.
>>Slusher: so no -- general fund is --
>> general fund is whole year one.
>>.
>>Slusher: first year. Break even all funds in year 7 and no rate increase.
>> Exactly right.
>>Slusher: okay. Thank you.
>>Mayor Watson: any further questions of ms. Futrell? all right. I'll --.
>>Lewis: just one, Mayor.
>>Mayor Watson: Councilmember Lewis.
>>Lewis:.
>>Mayor Watson: I'm sorry, Councilmember Spelman.
>> Do we get the whole --
>> we have a summary sheet in your backup and I can get you the full all funds.
>>Spelman: I would like to see the whole thing.
>> Sure.
>>Mayor Watson: any further questions?
>>Slusher: repeat that number. Is that 63% of the residents signed a petition seeking annexation?
>> actually 69% of all the registered voters that we could identify signed the petition, but we were able to verify 63%. It's possible that they were all good, but we had a short time frame to purn turn it around. We pretty well stopped at 63%.
>>Slusher: thank you.
>>Mayor Watson: and it's probably been said, but the board when it met on august 19th with five -- which is the entire board, all five present on a resolution evidencing support for change and annexation status and dissolution there were five in favor and zero nos. I'll entertain a motion with regard to items 27 and 28. Motion made by Councilmember Slusher, seconded by Councilmember Spelman to approve. We have several people signed up to speak. My request would be that you just let me read your card and say whether or not you are for this. And if you are against it too, but I've already looked at the cards, I know how it's going to come out. [One moment please]. To approve item no. 31.
>> So move, Mr. Mayor.
>> The motion is made by the vice-president, Mr. Garcia. Is there a second?
>> second.
>>Mayor Watson: seconded by member Goodman. Is there any discussion?
>> excuse me?
>>Garcia: when is it going to be available?
>> within 12 months.
>> Of when?
>> of today. [Laughter].
>>Mayor Watson: is there any further discussion? let's let them get started, folks. Is there any further discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries. Item no. 32, Mr. Hilgers.
>> Thank you, Mayor. Item no. 32 Is really an administrative item. It is rescinding the transfer of the single family loan, rescinding a resolution for the single family loan. It is really the completion of the reorganization of the neighborhood housing community development department in a manner that allows us to focus all of our housing programs into the Austin housing finance corporation. We had requested several months ago to have that in the city and in our reorganization plans we've looked to put that back into the Austin housing finance corporation, primarily for staffing reasons. There's no changes to the programs. There's no fiscal impact on the City. It just allows you us to more appropriately consolidate our housing staff and be a more efficient operation. That's the intent of this operation.
>>Mayor Watson: question, Councilmember Lewis?
>>Lewis: yes, we did this transfer originally in March?
>> yes, sir, that's correct.
>>Lewis: what is it that we learned in that time that's caused us to want to put it back in housing?
>> well, the major thing we've learned, Councilmember, is that for staffing reasons, for reporting reasons, for the ability to leverage the resources of our internal staffing, to share accountability and accounting of what staff is doing on housing projects for the City. It's more efficient for us to have the housing finance corporation administer all of our housing programs. So there's nothing that is really changed in the -- in the way the program is operated other than the fact that the Austin housing finance corporation is a vehicle again that we're implementing as part of the policy that you heard in our agenda last week that is the umbrella agency for housing. And so rather than have that go to the City, we determined that it would be more appropriate to have it stay within the housing finance corporation.
>>Lewis: was it 384,000 dollars that we transferred in March?
>> yes. There was some activity that occurred between the time of March and now that has been transferred all of that budget documentation was -- included in the backup.
>>Lewis: well, looking in the backup here, it -- and as I read it, we transferred 385,000 dollars in March and we're doing the same thing now. And my question is we didn't do anything between March and now?
>> no, sir. The situation with the single family loan program is it's a program that is -- has a lot of people on a waiting list and the money has come back. The money that was there to be transferred was to be used. That 385,000 dollars is going back to the finance corporation to complete houses that are on the waiting list currently to be -- to be operated. So we didn't do anything with that 385,000 dollars.
>>Lewis: well, but what I'm -- my question is did we have our other monies that was in the single family loan program that we used since March?
>> yes, sir. I don't have the figures of exactly what the expenditures were in that program between that, we spent approximately 1.1 million dollars this last year on the single family loan program and I'm trying to find it in the rba. How much of that did we use in March is what he's saying. That's the question. We had a total.
>>Lewis: okay. You know, when someone read it, it says if we transferred 385,000 in March and now we're transferring it back, it appears nothing was done between March and now, and that was my question. Because I was on that single family loan board at one time and I was just wondering if they seemed to stop or what.
>> That particular amount of money has not been utilized. It was 2.6 million dollars in the program for the whole year. I can provide you with any of those details you would like, Councilmember.
>>Lewis: all right. Thank you.
>>Mayor Watson: any further questions of Mr. Hilgers at this time? I entertain a motion -- Councilmember pro tem.
>> When are we going to get something on the Austin housing corporation.
>> I don't know the schedule off the top of my head, but I will get you -- we'll get you a report, let you know when those are going to be. Ga.
>>Garcia: I've never seen one.
>> We've did one a year ago.
>>Garcia: we had an audited statement prepared because the auditors did not issue an opinion and after that I haven't seen any. I think two years ago it said they were going to start issuing audited financial statements. And I haven't seen them. They haven't come to the Council.
>> Okay. Help me out ere. We provide audited financial statements for '95 and '96. It's now part of the City's audited financial statement, but I make sure that we get that information to you. As a matter of fact, we're planning to come before you with the Austin housing finance corporation budget in september 23rd or for next fiscal year, so we'll address those issues in more detail at that time.
>>Mayor Watson: I'll entertain a motion with regard to item no. 32.
>>Garcia: so move.
>>Mayor Watson: the motion is made to approve by the vice-president. Is there a second? seconded by Councilmember Spelman. Is there any discussion. Hearing none, all those in favor say aye. Opposed say no. Motion carries on item no. 32. I'll entertain a motion for adjourn the Austin housing finance corporation board of directors meeting. The motion is made by Councilmember Griffith. Is there a second. Seconded by Councilmember Goodman? is there any discussion, hearing none, all those in favor say aye. Opposed say no. The motion carries. We are adjourned. I'll reconvene the regular meeting of the Austin City Council and we'll go to item no. 25: I'll recognize Councilmember Spelman.
>>Spelman: I'd like to ask a question of -- is this one yours, pat.
>> I think this is a combination of pallet and the law department or marty.
>>Spelman: what information would would we be getting from a site plan that we would not get from the applicant in this case?
>> essentially in this case the only thing that is being requested to be waived is the site plan process for phase 1. They have been working with staff through platting the tract. It was approved by the Planning Commission this tuesday night. They are complying with all land development code regulations. The only thing that this request does is waive the site plan process so they can start construction and get the school constructed in time for the fall so that when the students are ready to go to school in the fall they can start.
>>Spelman: what information is contained in the site plan that we either do not have or will not get?
>> well, let me try to answer that in a little different way. The agreement that we have reached and the ordinance that is before you would provide that they would get us all of the elements that are essential for compliance in the etj with the s.o.s. Ordinance. We would be reviewing and approving a water quality control plan. We have already looked at erosion and sedimentation controls. We have those. Those are part of the plan. We have a tree protection plan. That's in place. So we are not missing any he will menlts of -- elements of a site plan that we would normal be be required to review. We will also be doing full inspections, full enforcement. So I guess your question is are we missing anything currently. We are still working on the water quality control plan. That is a requirement that within 30 days of the approval if it occurs today that they would have to get that approved through staff. We have been looking at it on a preliminary basis and have been work with them. We feel confident they will be able to comply with the s.o.s. Water quality controls, but if they are not able to do that within 30 days, then they will have to stop construction and we will have to work towards getting that approved before they can finish their project.
>>Spelman: pock okay.
>>Griffith: if I could dive in. Am I on? I am now. I think pat's being a little bit conservative in his response to you. I think your question is will the information that we will get as a result of the agreement in the ordinance be identical to what we would have gotten in the administrative site plan. The response to that is question, we will get the identical information. I think where pat was going off on is he hadn't gotten that yet and he hadn't gotten to the approval stage yet, so what he's saying is there's some stuff missing, but it would be subject to disapproval and that's essentially what we would be doing in the site plan situation.
>>Spelman: so what we're doing in this case is we're approving pending approval of a later water quality plan and everything else is already available, saturday is that right.
>> That's correct.
>> So instead of having one administrative site plan where we would look at -- where all the pieces are in one piece, we're look at three or four separate pieces and we will approve them stage by stage if those pieces come in.
>>Spelman: why couldn't we do this as a standard operating procedure?
>> that I can't answer. I'll have to give to the staff.
>> I suppose we can do something like this on a standard operating procedure, but the site plan is where we normally get everything worked out before construction starts. It has taken a great deal of staff time to reach this point. Essentially we are doing the same review we would be doing in a site plan process, but we're doing it outside of the site plan approval process.
>>Spelman: spell basically we're speeding up our basic process for the convenience of these people.
>> It's something that could be considered. My concern would be for this wg being an etj project we are not into land use regulations and things that also add to the complexity of a project. So if we were to do something like this on a regular basis, I think it would need to be limited to certain types of projects that don't require variances and things that we use the site plans for documentation of.
>>Spelman: is this requiring more staff time to do this piece meal than it would had they gone through the usual process?
>> I'm not going to speak for the law department because I think the answer to that is yes it takes more time, but from a staff perspective, it's spending the time outside of the site plan review process, I think it's essentially the same.
>>Spelman: so the number of hours you're spending in your department is the same as otherwise would have been been.
>> Yes, sir yes.
>>Spelman: but because it's outside of the procedures, the law department has to spend more time doing documents.
>> That's correct.
>> They did have the available time.
>>Spelman: they must have -- it's clear they did, otherwise these documents wouldn't be here.
>> We worked very hard.
>>Spelman: I understand. Having done this once, would this be as time consuming for the law department in the future?
>> it kpends on how you want to approach this -- depends on how you want to approach this. I think what we would recommend to you is if you wanted to do this on a routine basis, then what we would recommend to you is that perhaps maybe we needed to address this in terms of a code change which would allow a flexible basis as opposed to us going through on a spot by spot basis and coming up with ordinances and contracts and whatever to take it outside the code process.
>>Spelman: that's exactly where I was going. Is this process something we need to feedback into our land development code revision process? is this something we need to make available in the future for our applicants?
>> I hesitate to say yes without evaluating it further. It worked here because we had a very cooperative applicant. It would be perhaps more difficult to do this process if we did not have the kind of cooperation we've had here. So we need to evaluate at length what potential things we would not be able to do as well without a site plan. And probably limit whatever we do to projects that wouldn't require these kinds of things. In other words, we don't want -- the site plan is used as an enforcement tool. It is used, it is what the inspectors use to inspect by, it is what the engineers feel, it is the document, construction documents for the project. So we are very comfortable in this situation that it will work and there is an agreement, a legal agreement to do so. Without the legal agreement in a process that wouldn't require a site plan, we would have to make sure that we addressed all the different concerns. So I hesitate to say absolutely yes, but it's certainly something that we could consider and I believe it would need to be in a limited context at least initially to see how it works.
>>Spelman: if you could consider it and make a report when you've had a chance to think harder about it to the land development code revision committee, I'd appreciate it.
>> Absolutely. I'd appreciate it.
>>Spelman: Mayor, I move approval.
>>Lewis: a question.
>>Mayor Watson: hang on a second. Since there's been a motion made.
>>Lewis: I'll second.
>>Mayor Watson: the r. I'll recognize Councilmember Lewis.
>>Lewis: let me ask you a question. We have phase 1 and phase 2 here. Is this the buildout faces that we're talking about? the reason I'm looking is it looks -- it seems it's more in phase 1 than it is in phase 2. I'm just trying to figure out which one it is.
>> Phase 1 is the bulk of the project. I can't reach the drawing, but I can describe the colors. The big play field is in green, the buildings that are in orange and the internal drive and the parking lot that are shown in gray there are all phase 1. Phase 2 are the buildings that are in brown here and the additional parking in brown and the light blue tennis courts. That is the phase 2. So the bulk of the project will be built with phase 1. Before they could do phase 2 under this agreement and this ordinance, they would have to do a full site plan, basically an as built site plan that showed both what was built and what they were building with phase 2.
>>Lewis: wait a minute. Okay. The majority of the work is done in phase 2.
>> Phase 1.
>>Lewis: I mean phase 1. Which buildings are they building in phase 1, the one in brown or the one in orange?
>> I'll point to them and I'll come back. [Inaudible].
>>Lewis: all right. Okay. I was just trying to figure out what it is that they -- what they was going to use for the school according to this, the parking --.
>> The initial improvements, Councilmember, are for the school and the gym anywaysium and the ball fields and the internal parking and driveway circulation.
>>Lewis: all right. Thank you. Thank you.
>>Mayor Watson: all right. Just so we have a clear motion, Councilmember Spelman, listen to this and let me make sure this is your motion. To adopt the ordinance and the contract attached to the ordinance in the backup on emergency passage to permit the school to immediately begin construction as permitted by the ordinance and the contract to meet the construction schedule for fall opening in 1999. And to -- the ordinance no. Is no. 9709073, So we would need to insert the letter I after 980903, so it would be 98990 I so it would be in every place so the contract references the adopting ordinance.
>>Spelman: did I say all that?
>>Mayor Watson: I thought that's what you implied? Councilmember Lewis, was that your second?
>>Lewis: is that a capital I or small I?
>>Mayor Watson: it would be a capital I.
>>Lewis: I just want to make sure.
>>Mayor Watson: that's the motion and the second. Discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries with Councilmember Slusher off the dias. Let me, Council, let's talk about something real quick so we can tell some people that may be here for certain things. On item no. 50, Which is the 7:00 o'clock public hearing on an appeal by Mr. Quintrero for the Arnold oil company located at 1645 east sixth street, there has been a request for a postponement from Arnold oil. It is a first request. There has been -- one of the apell lants has indicated opposition to the post panement. In the letter that was sent it is noted that the matter has been postponed twice at the request of the apell lants. That is accurate if you consider Planning Commission and Council. It's my understanding and we need to confirm this. It's my understanding that the Planning Commission level, the apell lant sought a postponement and that was allowed and once at the Council level there's been a postponement sought by the apell lants and that's been allowed. The reason I bring it up now even though we're two hours before, is not to take a vote on it, not to -- our policy has been in the past with regard to zoning, not with regard to appeals technically, that if someone requests, they're entitled to one postponement and it's the one by the applicant, I suppose. That applies in zoning cases, but it could be a standard for what we do here. The only reason I bring it up now, we're not going to take a vote on whether to postpone, is so that -- because I don't think it would be right to do it before 7:00 o'clock is why I say it. But if the feel of the Council is -- and we can get some sense to the folks that are here that it might be postponed, then some folks may not need to be here or need to come down or stay here. That's the only reason I bring it up at this point. Councilmember Spelman?
>>Spelman: did the applicant, Mayor, give a reason for postponing?
>>Mayor Watson: the apell lee has said a postponement is necessary in order to gather information requested earlier this week by Councilmembers. The letter is dated september 3rd. I'll read the letter into the record. Councilmembers, on behalf of the applicant in the above referenced matter, we here by respectfully request post pointment of the matter for one week. A postponement is necessary in order to gather information requested earlier this week by Councilmembers. This is the applicant's first request for post panement in this matter. The matter has been postponed twice at the request of the apell lant. Thank you for the consideration of the request. Sin signly a lawyer on behalf of brown mac carol oaks heart lien.
>>Garcia: I requested the information. I've gotten one, but I think we need to work this one through. Sixth street at that level is a commercial collector street. It is also very narrow. It's an old street and commercial collector streets should be 48 feet wide. That one is 40 feet wide and with parking allowed on both sides of the street, which makes it even a narrower street. The indications that we got were that there was going to be 60 some-odd additional trips in and out of that new establishment and the question that I asked was what kind of vehicle trips because we're talking -- if we're talking about 18-wheelers, I can imagine 18-wheelers cuing up on sixth street trying to get to the property. That information has not been made available. And I think that the conditional use permits criteria item no. Four deals with the traffic issue and I think we need to get that information. I don't know whether at 7:00 o'clock they can -- the apell lanted or the apal lease can deal with that, but I was the one who requested that information.
>>Mayor Watson: okay. I just want to get kind of a sense for people that may be watching or people who are here can know. I'm not getting anything. Councilmember Spelman?
>>Spelman: Mayor, obviously we're not voting on this now. It seems very expense I believe to wait a week if that's how much time they need.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: I was just going to say concerning the traffic, we -- undoubtedly, that's one of the major important items and it's one of the things that I've asked a number of people talk about it and the applicant also discussed is the traffic and trying to benefit the traffic flow on sixth street. So I would think that that's something that we need before we make an approval or disapprove this stomach in.
>>Mayor Watson: Councilmember Griffith?
>>Griffith: certainly item no. 4 Would be very important to know as much as we can about it.
>>Mayor Watson: all right. I'm doing that as kind of a courtesy to let people know. It strikes me that the consent of the Council is the postponement will probably be granted unless I hear some sort of dissent. I mention that as a courtesy. That's why I bring it up two hours early so that people can plan accordingly. With that, let's go to zoning hearings and approval of ordinances and I'll recognize ms. Glasgow.
>> Good afternoon Mayor and Councilmembers, Alice Glasgow, city staff to present zoning cases. I'll start off with the items that to be acted on without discussion and those that have been asked to be postponed. I'll started up with item no. 40, Case no. C 14-98-51 located at 11558 spicewood parkway. The rezoning is from interim rural residence to single family six, which stands for townhouse and condominium district. The Planning Commission recommendation to you is to grant that request with a conditional overlay and the case is ready for first reading. Item no. 41 Will be a discuss item. We'll come back to it later. 42 Is to be offered as a consent item, case c 14-98-73 located at 401 east parmer. The request is from gr and li limited industrial servicedded and general office district to a new zoning district called li-pda which stands for limited industrial services planned development area combining district. The Planning Commission recommendation is to grant the limited industrial services with a combining district overlay. On consent first reading would like to modify one of the statements in the planned development area agreement standards. In exhibit a page 4 to read as follows: no off site traffic improvements shall be required in connection with any development unless otherwise required by restrictive covenant associated with zoning case numbers c 14-85-322 and c 14-85-314. That case would be offered for first reading. Item 44 there's a request to postpone until october the eighth. The applicant has hired a new agent who needs additional time to orient them self with the case. That includes all the consent and discussion items. I apologize. I need to go on to the next page. I misspoke.
>>Mayor Watson: I'm glad to hear that.
>> I thought it was shorter than that. Item no. 45, Case no. C 14-98-80, located 504 west oltorf street from limited office to community commercial. The Planning Commission recommendation was to grant lr-co which stands for neighborhood commercial conditional overlay. It's on consent for first reading only. Item no. 46, Case c 14-98-82, located at 12500 tomanet trail. The applicant is requesting a postponement to september the 10th. The agent is out of town today and couldn't be here to present the case. Item no. 47, C 14-98-84 located at 29 hundred south fifth street. The request is from single family three to multi-family one. The Planning Commission has granted the request a a conditional overlay. It is ready for first reading. That concludes all the zoning cases for consent and postponement.
>>Mayor Watson: thank you. The consent agenda would be the following. I'll entertain a motion at the end of the reading. Item 40 on first reading only. Item 42 on first reading only with the statement that was read into the record by ms. Glasgow. Item no. 44 A postponement until october 8th. Item no. 45 Is consent on first reading only. Item no. 46 For a postponement and item no. 47 On first reading only. I'll entertain a motion. Motion is made by Councilmember Lewis to approve the consent agenda as red. Soakedded by the Mayor pro tem. Let me quickly -- as I understand it, only one person has signed up to speak and that's Mr. Blackburn. You don't need to speak if it's going to be postponed, do you?
>> well, he's postponed it once already. I'd just like to make sure that the record reflects he's had two post pointments and that it would be granted to any apell lant.
>>Mayor Watson: all right. Mr. Blackburn is telling you about item no. 44. Thank you, Mr. Blackburn.
>> Thank you, sir.
>>Mayor Watson: hang on one second. Ms. Glasgow, let me check something.
>> I think it was Councilmember Goodman who called your name.
>>Mayor Watson: I'm sorry.
>>Goodman: yeah. I don't want to -- I haven't made up my mind on 45 and 47, so just so I don't mislead anybody, even though it's on first reading, I want to be shown as no on 45 and 47.
>>Mayor Watson: okay. Motion has been made and seconded to pass the consent agenda as read. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries. All right. That will take us to item no. 39 And Mr. Buerlein, do I understand there's been some discussion about the status of your case and there was some discussion some time before. Do you still wish to go forward with your case?
>> yes.
>>Mayor Watson: all right. And if I were to tell you that -- and ask two Councilmembers to tell you what their position is and that would be negative to you so that -- if they're of that position, there is no way you can win tonight, you still wish to take the Council's time and do that? [inaudible]. So that the record is clear, Councilmember Goodman was candid enough with you to tell you that she wasn't going to be for you. I take it you're still in that position because it's a valid petition? Councilmember Griffith is that your position also?
>>Griffith: yes.
>>Mayor Watson: just so you will know, if -- with that being the case, because there's a valid petition, you stand no case preFAAling, even if you have all five votes. If you wish to go forward, I suppose that is your right, but I would encourage you not to do that.
>> Are you telling me not to do that? I would like to make my case because I think it goes to the root of smart growth and it goes to a lot of issues that Austin faces with regard to infill development. And I'd like to clarify because this is what I've chosen as my business to go in and do some neighborhood infill and I would like to get a clear view of what the Council likes and dislikes and why they like it and so that I won't waste your time in the future or my own.
>>Mayor Watson: since you brought up time, if you know before you start speaking that you cannot prevail because there's a valid petition and you're the one going to be doing the presenting, not us, and we have the number of things that we have on the agenda, I'll say please if that's what it takes, but I frankly wouldn't understand why you would want to take the city's time when we have other items and other people that want to be heard if you know you're not going to prevail. If you're right and we will listen, but --.
>> Well, I think it would be helpful for people in my position to understand what the City means when they say smart growth because I've endeavored to try to figure that out and I have not met with much success even though I've gone down what would normally be traditional lines. And so I --.
>>Mayor Watson: fine. You take -- you're entitled to five minutes. Why don't we start the clk and let's go.
>> I'm sorry that's counter to your wishes, but it would be helpful.
>>Mayor Watson: it's your right to do and I'm not sure what you're going to get in terms of guidance here since you're the one making the presentation, but please take your requisite time. For those of you who are waiting for additional hearings, you can see that we are behind schedule. We are going to go further behind schedule here in the next few minutes. Just try to plan user time accordingly.
>>Goodman: can I say to Mr. Buerlein, I'm going to be off the dias, but I will be able to hear you. And I'll be able to also see you on a monitor. And I'd be glad to tell you what the valid petition and smart growth is for me and the issue here after you're through.
>> Okay. I'll do that. Thanks. Mr. Mayor and Councilmembers, my name is steve bu rechlt rlien. I'm the owner and property owner of this case. I'm been trying to think of something to say to those who have already made up their minds to oppose my request, to oppose it without having heard one word about its benefits. This is an issue that bothers me about this case and it bothers me as a citizen. As a concerned citizen, along with many other concerned citizens who believe that the Austin City Council should be able to at least listen to both sides of such a disagreement, not simply assume the position of this or that political constituency. Further I would hope that the cases be arbitrated impartially without prejudice and for the benefit of all the city residents. We are all here to help Austin be as good a City as possible. We have differing viewpoints to that objective is not surprising. It is prizing that our lead easiers are unwilling to listen to the ideas of the other side sometime. That being seed, I'm requesting the zoning change from sf three to sf five to construct eight to 10 townhomes on my property although I can accomplish this under the current zoning, sf five would provide numerous benefits and it's a better land use for this particular parcel. It lessens the traffic impact, the number of curb cuts. It results in more comprehensive treatment of the drainage needs, saves more large trees. It creates single family housing but maximizing property values and remains kpated I believe with the existing character of the neighborhood. All of this would be accomplished without increasing the living unit beyond what is currently allowed on the sieted. I repeat there would not be an increase in density. To look at compatibility you can look at the land use map. These are -- these I've handed out before and they show a preupon drens of condominiums and apartment uses surrounding the site on all four sides. The average use in the area right now is 18.6 units per acre. If we look at the zoning map, you can see that the property which is completed surrounded by the yellow, which is multi-family zoning. So it looks like the existing and the potential uses are all along the multi-family lines. So sf-5 would really in my opinion be compatible with the existing and the potential standards for the neighborhood. With regard to traffic impact and drainage issues as contained in the letter that I passed out, from the City they had compared the alternatives, namely the rezoning and resubdivision, came up with a lower number of vehicle trips generated by the zoning change and concluded that there would be more detailed and comprehensive handling of the drainage needs. Although the City didn't address the impact on the trees, the sf five would give me the plex ability to consolidate the development and reduce the drux of the trees. With regard to values, the property values in the area currently in the last year have been about 113 thrars per square foot for existing homes sold versus 156 dollars per square feet for townhomes built in the area that have sold. That's a 40% increase. Let me reappear cap. The site is completely surrounded on all four sides by multi zoned housing. It's in the desired development zone. The density under the proposed zoning is less than the existing density, the proposed. [Buzzer]. The proposed property would result in less traffic flow through the neighborhood. It would have the most.
>>Mayor Watson: I think your time is up, but hang on one second. Could you confirm for me that we set his clock for five minutes? hang on. They'll stick their head in in a second.
>> Yes.
>>Mayor Watson: okay. Did you sign up? I don't have your card, but I'll get a card for you. You're having three minutes assigned to you so you can take an additional three minutes.
>> Thank you very much. Over the past seven months I've met with the neighbors and talked with the neighborhood group. I've been open to changing the design. The materials used, even the construction time line. They have expressed an unwillingness to discuss, much less agree to any proposal that includes a zoning change. They have not contacted me one time much less agreed to any proposal that includes the zoning change. They have worked diligently to assemble a valid petition. Ironically the valid petition that has been submit odd this case contains three signers who comprise two-thirds of the area. These people either live in condominiums or operate apartment complexes directly across the street or adjacent to my property. That's noted in the pictures. These petitioners seek to oppose the construction of townhomes, yet have chosen condominiums for their own living needs. It seems a little hypocritical that the Council would oppose a zoning change to permit townhomes based on a petition comprised mainly of town homeowners. Each of you has endorsed smart growth and there's been a lot said of exactly what smart growth is. One undisputedded component is the need for high quality, well planned infill development for neighborhoods needing infrastructure. What I'm proposing would be just such a project. But I can say that on the basis of density, capability, tree preservation, drainage and property values, the proposed zoning change is reasonable and suitable for this tract and I think is a welcome alternative to both the City and the neighborhood group rather than having additional rental duplexes in which neither the neighborhood or the City has much design input. I see I have a couple -- I guess a minute and 20 seconds left. I wouldn't mind reciting the Austin land development code where it says sf-5 zoning. The district is appropriate for existing single -- existing family residential neighborhoods in more centrally located urban areas and in selected areas where transition from single family to multi-family residential use is appropriate. I can't see why this is not a reasonable case. I can't see why this would not fall within the parameters of smart growth. And I would ask that the Councilmembers distinguish themselves with their votes.
>>Mayor Watson: thank you. Councilmember Lewis?
>>Lewis: yeah. You propose to put townhomes on this property, correct?
>> yes, sir.
>>Lewis: what is the number of townhomes that -- have you did any --.
>> Yes, sir. The conceptual plans we've shown are between eight and 10.
>>Lewis: so let's go with the max, 10. What is the maximum duplexes, maximum units you could put on there with duplexes?
>> the plans that we have right now show 10 units, so five duplexes.
>>Lewis: okay. And just for the record, would it be -- would it be most cost effective to do duplexes or townhomes in the construction stage?
>> the construction would be facilitated by -- well, you can accomplish that either way. I think that from the position of saving trees and collecting rainwater and a green growth type of building, you would be facilitated by condominiums and that was the original plan. It can be facilitated the other way by a common design among five different building units. You only have to design one. You build them all five the same way and therefore you speed things along and make it a little cheaper that way. So I guess what I was originally asking was for a little bit more sensitive building, but it seems like I'm being pressed into the traditional type of cookie cutter development.
>>Lewis: what I'm trying to get at is if you had x dollars, could you build either townhomes or duplexes either one?
>> yes, sir.
>>Lewis: okay. That's what I wanted to know. Thank you.
>>Mayor Watson: thank you.
>> Thank you for your time.
>>Mayor Watson: we have -- I want to make sure that we have everybody that's signed up that wants to speak. And I'm going to encourage you if you don't feel that you need to speak, you just want to show your opposition, please just do that. But I'm worried that I don't have all of the names because I see you folks standing and I want to make sure that we have all the cards. Betty mac nationally. James almond, gary fagman. Blake toll let, sandra Martin. Charles and laura preston. Jeff ross. Is there anybody else that has signed up to speak that I haven't called their name? that's what I was worried about. I take it that you have signed up to speak too?
>> oh, yeah.
>>Mayor Watson: I don't have your card. That's all right. That's why I did the exercise I just did was I was worried that I didn't have everybody's card. If you signed up to speak and I don't have your card, would you mind going back out and signing another card for me? and you don't need to since you're already standing there. That would be great. And again, I encourage folks if you don't need to take all of your time, don't. Welcome.
>> Thank you, your honor, Council. As the Mayor has pointed out, there are a number of us here. We all have speeches we polished for three meetings now because of the postponements. I don't want to take your time or my time if we can call the question and have it voted on, I am willing to relinquish our time and let you get on with your agenda, which I understand is lengthy. On the other hand, I don't want to be cut off with no -- I, for instance, have some wonderful observations on smart growth which I'm sure you would be happy to hear, Mayor, but I'm willing to do it outside of Council.
>>Mayor Watson: let me just ask, do the Councilmembers that have indicated their position whether or not they have changed their position and/or would like to have Mr. Buerlein answer any questions they would have in such a way that they would be in a position to change their position?
>>Goodman: I didn't understand the question.
>>Mayor Watson: the question is have you heard anything that would cause you to change your position with regard to the valid petition?
>>Goodman: no. Meyer they're that tells me that there are two people that are regardless of how the vote comes out, and regardless of what he will lo consequence you might bring, they're already for you.
>> I would attempt not to offend the Council so badly as to lose the valid petition.
>>Mayor Watson: that's what I was going to say. You might at this point talk them out of their voted.
>> I am afraid if I were to go on that would be the case. You are welcome to close the hearing.
>>Mayor Watson: here's what I would like to do is make sure everybody feels that way. Ms. Mcknellly. James almond signed up against. Do you wish to speak? gary glak toll let against. San gra Martin against. Charles and laura preston? jeff ross against. Michael tad co. All right. Those are all the people I have that have signed up to speak. Is that accurate? okay. All right. And sara meidera signed up against. All right. Those are all the cards I know have on item no. 39. All right. Mr. Buerlein, you're entitled to a rebuttal. I want to ask you to come forward if you would like because I want to make sure that we recognize and you get all the entitlements that are due you with regard to this. You will have up to three minutes and -- would you pass those down?
>> that's fine. That's all I needed to say.
>>Mayor Watson: okay. We can do that. All right. Those are all the people that have signed up to speak on item no. 39. I'll entertain a motion to close the public hearing. Motion has been made and seconded to close the public hearing. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries. The public hearing is closed. I will now entertain a motion with regard to the substance of item no. 39.
>>Spelman: Mayor? I move that we grant the applicant's request and rezone this from sf 3 to sfa.
>>Mayor Watson: the motion has been made to grant the request and to allow for it to go from sf 3 to sf 5. Is there a second? seconded by Councilmember Lewis. Is there any discussion? grg and I'll recognize Councilmember Lewis Councilmember Griffith.
>>.
>>Goodman: we wanted to know what we thought about smart growth. So I wanted to start off with the fact that this neighborhood association has a neighborhood plan and has for many years. Smart growth is going to mean different things in different areas in different neighborhoods. And I think that neighborhood plans are going to be a critical part of deciding what smart growth is in any given instance because it's not just filling up spaces and in fact what I might think was absolutely perfect examples of smart growth could differ with the neighborhood's appreciation of what smart growth is for them. And I respect the neighborhood's ability to be able to work with that and decide some of what their future will be. There are impacts that change beyond us, change the flow that are accumulated impacts that are at odds with the neighborhood's goals for their future. When we get to neighborhood plans, then neighborhoods will have a little better tool for working with proposers that are somewhat different than what the plan says. Until then, though, the only really solid, critical mechanism that a neighborhood has is a valid petition. So in order for me to vote against it neighborhood's valid petition, it would have to be some kind of issue that I thought maybe even had life and death in it, like the blood bank or something like that, something so significant that I wouldn't be able to see my way clear to just automatically voting with the valid petition. But the smart growth issue is something that we are all developing and as I said, I think it will be very different for each neighborhood. This is a good neighborhood. I've always known it to be a good neighborhood. They've had their plan that they have changed their plan on occasion. They don't always come and just say no. And so out of respect for years of seeing them work with proposers and make a good neighborhood that I'd like to see them keep, that's why I'm sticking with the valid petition and supporting this.
>>Mayor Watson: any further discussion? I'm sorry, Councilmember Lewis and then Councilmember Griffith?
>>Lewis: I just want to say that I've read the petition and knowing what I know about the zoning code and being able to build duplexes and knowing that the -- I guess the people that occupy duplexes is just a little different group than the ones that occupy townhouses, my question is are you sure that you would rather have duplexes in the area than townhouses? and when I look at any petition, I try to put myself in the place of the people that are signing the petition, and my question is would I -- if I owned a multi-family unit, would I -- would I petition to not have one built next door if I was a single family house and you didn't want multi-family next door, I would say yes, fine, I'd go along with it, but to own a multi-family unit, at least two or more units, and then you say that you don't want another multi-family unit next door, I have a problem with that because I haven't figured out the reasoning for it. And so based on on that is the reason that I seconded the motion to approve it. And it's not I go against petitions, but I like to put myself in the place of the petitioners any time that I look at a petition. And if I feel that I would have signed the petition, then I vote against it -- I mean, I vote for it. If I wouldn't sign it, then I vote against it. Thank you.
>>Mayor Watson: Councilmember Griffith?
>>Griffith: I agree with Councilmember Goodman that self determination is a big part of smart growth and that also protecting the tax base in the central City is a big part of it, and that means protecting the quality of life as perceived by the folks who live there. And for that reason I'm also with her going to honor the valid petition.
>>Mayor Watson: any further discussion? Councilmember Slusher?
>>Slusher: Mayor, I'm going to support the motion. I think this is a decent infill project and we need to have infill in the City as the city grows. And I don't think there's going to be much choice about it. I think each case is individual and we should shy away from making judgments about whether the Council is serious or not about smart growth just based on any individual case and individual Councilmembers' vote. Part of what figures into my thinking was right before I got on the Council, there was a case at the planning commission where someone was trying to do infill for new urbanism development and they needed some variances because the City's code didn't work well for that owe. The neighborhood opposed it. And so the developer withdrew and said he'd just do complex duplexes, which he had the authority to do. And in the meantime, I got on the Council and the neighborhood came to us and asked if we would support putting the other plan on the table and asked the developer to do that and we did and it took us about two years to go through the process. I don't anticipate that happening in this case, but it did factor into my thinking about it. I just think the proposal that's on here would be a better one for the area than what might happen, but that's not going to be what happens, clearly.
>>Mayor Watson: any further discussion? hearing none, all those in favor say aye. Opposed say no. Motion fails on a vote of five in favor and two against but because there is a valid petition, that is insufficient to carry that motion. So zoning is -- the request is denied. That takes us to item no. 41. Ms. Glasgow?
>> Mayor and Councilmembers, on item number 41, case number frchlt 14-98-70, the change in zoning is from neighborhood commercial, lr, to gr, which stands for community commercial for tract a. And from community commercial district to neighborhood commercial for tracts b and c. What we have here is a shopping center which has a variety of zoning. Footprint zoning for restaurants and we have an old restrictive covenant that requires a rezoning or roll back in zoning should the use in tracts b and c cease that we would roll that back. So the request to upgrade zoning in a portion of the shopping center. There's also a request at the same time roll back zoning on two spaces within the shopping center for consistency. There's no need for sha zoning. They asked that we roll it back. So the request reflects both elements. The Planning Commission recommendation to you was to grant the community commercial conditional overlay zoning for tract a and roll back zoning for the other two tracts from community commercial to neighborhood commercial. This case, if you should grant the Planning Commission recommendation, would be ready for all three leadings. I'll conclude and wait to respond to questions should those arise after you hear from all parties.
>>Mayor Watson: who is here representing the applicant?
>>. If you would come forward and make a premtion on behalf of the applicant.
>> Thank you. May I take three minutes and give the tenants that would follow the five minutes because they have more detailed information?
>>Mayor Watson: sure, that's what we can do.
>> Thank you very much. I'm glen wikerd and I'm here on behalf of the applicant, who is the owner of the mesa wood shopping center. This is a three building center, strip center, as you would, that has been approved since the 1970's for lr retail uses and gr restaurant uses. I'm sure many of you are familiar with little italy has been there so many years. It's that same center on mesa between spicewood springs and steck. Tract a is the one we're talking about for the restaurant. And that's currently zoned lr. Since '91 it was a timeout for burgers and it followed as a restaurant, the original pancake house. The space is currently vacant and we have a lease, that is the owner, with a tenant to open the mirabell restaurant subject to the approval of this gr zoning. The sole basis of this zoning change before you today is that gr is required for this restaurant to be able to serve beer and wine. The co that is tailered with it ensures that no other change occurs with the request. Only lr uses will be allowed except for a restaurant which can serve beer and wine. The rollback zoning on tracts b and c is in the middle building, building b, and that's from gr to lr. I would argue we're not required to roll that back, but we have applied for that to make it simple and clear at the request of the balconies civic association. The overall effect in this zoning case will be a net decrease in gr zoning of 4675 square feet. Two people currently operate a restaurant here in town which they can tell you about, and many of you are familiar with, and they propose to open the mirabelle restaurant. They would like to follow with details about the rest raund and I ask that they get to speak in that record order. And lastedly there are numerous people. I think the audience is full of people in support of this. They're here to register their support and some would like to speak, so you may want to request that and let those just register support. Thank you.
>>Mayor Watson: thank you.
>> Good evening. I'm one of the owners of the proposed restaurant. The location of the restaurant is one block west of spicewood sfrings at mesa. That's a commercial had you been serving the northwest hills. There's a supermarket, banks, 100,000 square feet of office space. Our use is certainly compatible with the center and the neighborhood. It's an existing commercial space. Two previous restaurants have been there. The only difference, as glen said, is the service of wine and beer. There's no change at all in the parking requirements, traffic impact, the trips, impervious ground cover. There's no street parking anywhere at spicewood springs, mesa or steck and so there can be no impact even up in the neighborhood at all. The space that we're talking about is not a restaurant she will. There is a approximately $200,000 worth of restaurant buildout finding at the board of the adjustments is that this space can only reasonable use is a restaurant. And also the fact that -- back in February of '98 we met with the balconies civic association and their concern was the increase in gr zoning. They suggested this exchange of zoning in order to compensate and we have included that in our proposal. At the time it was expressed to us that this use was consistent with their neighborhood master plan. It's also as far as this gr zoning, there is a precedent certainly being set here that as a decrease rather than an increase in the zoning. Across the street next door there's approximately 100,000 square feet of office space. There's 25,000 square feet of non-restaurant use. That's going to generate about 500 people at lunch looking for a place within a block for lunch and that they can walk, they don't have to get in their cars. In fact, across the street there was 25,000 square feet leased by u.t. With the fact that their employees could walk to lunch and not have to get in their car and go somewhere. I have with me 300 additional signatures to the nearly 700 we've submitted to the case manager previously. These are not from all over the City. They are within approximately three miles of the restaurant. None of the non-restaurant tenants in the space in the center have seemed to have a problem with our going into the center. And I think our kind of restaurant, like castle hill that we have, is a better fit for the neighborhood. It's not a fast food, it's not a volume restaurant. People spend more time. Much of you are business will be on the weekend at brunch and in the evening and so we're really spreading out the business, unlike before where the pancake house wasn't even open in the evening, but only open in the daytime, which is the more difficult time in the center. I hope you can support us. Thank you.
>>Mayor Watson: thank you. As indicated, there are a number of people that have signed up to speak on this item. Everybody is entitled to speak, but again, if you don't need to or if you're going to be repetitive on this, you can -- did I cut somebody off? okay. Tell you what, what's your name?
>> kathy daily.
>>Mayor Watson: how about since we started this, I'll call your name at the appropriate time and we'll do it this way. I repeat, if you're just going to be repetitive or if you wish to show how you stand on the wish, we're able to see that too. So thank you for that consideration. May latson? she signed up for. Jack latson? he signed up for. Victoria chamber lien? she signed up for. Anthony any King? -- anthony King signed up for. Joe morales? he signed up for. Craig kroul? do you wish to speak or shown as being in favor? thank you. In favor. Jim Johnston, do you wish to speak? you're shown as for. An net morales? for. Harvey chromeburg, do you wish to speak? you are shown in favor. John reason neck not speaking, but for. Charl munger, not speaking, but for. Carol and george Johnson, for. Mary e. Tallman? for. Anthony assess see sessee, for. Mark hen shaw? for. Michael gid ri? for. Sherry greenburg? for. Marion armstrong? you will speak? please come forward. Carol mirb key, do you wish to speak are ore be in favor?
>> welcome Mr. Armstrong?
>> good evening. My name is marian armstrong and I live on bern any, which is a couple of miles from the proposed restaurant. My goal is to assure the Council that a vote supporting the preem is a vote for all the area neighborhoods in my area. And is a vote for the neighborhood's fast food service merchants. During my former 25 years, I had an assignment in over half of 22 fed rated stores, including foley's. My last assignment had 147 stores of which had one to three full-service restaurant. That's a lot of restaurant. Any expansion was dependent upon a new shopping center having the toughest competition possible. Tough competition ensures high standards of service and is -- and a consistent shopping habit of a lot of loyal customers. A couple of years ago my wife and I had a weekly habit of eating at this particular shopping center. We usually had to wait 30 minutes plus to be seated at a table. Not long ago we returned on a friday night and we were seated immediately at one of several vacant tables. This shopping center has clearly declined as a focal point to dine. Our habit is to drive away to the arboretum, to north cross and east and south Austin for tex-mex, however qh it's really special, we still drive over to the castle hills on fifth street. I'm at a loss to understand why all the neighborhood food service merchants are not down here clis soliciting your vote for approval of this proposal. I think a favorable vote could be their salvation. I'm very proud of our neighborhood for the northwest hills civic association who to my knowledge has not argued against this proposal, perhaps because of their longevity and serving on the board they have learned that in order to best serve the total neighborhood, it may not be necessary toing against every project that comes along. I am equally proud of the board of adjustments and the Planning Commission members who supported their own motions and positions, expressed the positive, the technical facts, offsetting all the opposing arguments. As well as I can remember, both commissions voted unanimously in favor of the mirabelle proposal. I have and I guess most of you have had the pleasure of eating at the castle hills restaurant on fifth street. If you have then you know the food is outstanding and the caring service makes it overall a very fine dining experience. So let me say again that your favorable vote today supporting the mirabelle, which is like castle hills to me, is a vote in the best interest of our total neighborhood area and to the local food service merchants. Also, I think a positive vote by the Council here today supporting mirabelle would send a message to some nice folks who have proven themselves for a very long period of time, the message being that the people of Austin do appreciate a responsible business --. [Buzzer]. That contributes to our overall quality. I hope the Council will approve it and I thank you for your time.
>>Mayor Watson: thank you. Kathy darby? she signed up for. Jackie gullage? that was for. John mimm? he signed up for. Maggie armstrong? michael vilum? I'm sorry. Sure you did. Thanks. William raider is not speaking, but is against. Allen fabric? he signed up for. Welcome ms. Armstrong.
>> My name is maggie armstrong and we live just about a mile from the site of the zoning change. And we've lived in this neighborhood for about 10 years. And it is true that for the most part of the last 10 years this site has been a restaurant, first a burger restaurant and then a pancake house. Neither one of those restaurants succeeded, even though there were other successful restaurants in the area. Two other in the same center and one across the street that are slightly different and that those restaurants are able to provide beer and wine with meals. I support this restaurant and I also want to say just a little bit about the land development code in this case. What the applicants are requesting is just to have a restaurant with the ability to serve beer and wine. There is no? land development issue in this zoning request. There is nothing about additional height, there's nothing about additional impervious cover. It doesn't -- et cetera not an issue of additional traffic or additional parking. There is nothing -- there is no land development code issue, so I really question why should this be a zoning change. I hope this that this is an example that you can look to as you continue in the process of reviewing our land development code to make things more reasonable and so that we can focus our time on the issues that really matter. Thank you.
>>Mayor Watson: thank you. Alfred anderson? thank you, sir. Signed up in favor. Margaret vilum. For. Bryan estes, for. Bill patterson? okay. Do you wish to speak or just be shown against? karen easterling? just show you in favor? Mr. Immediate is not speaking, but for. Larry peel, do you wish to speak in you will follow Mr. Patterson.
>> Good evening. My name is Bill patterson and I'm the owner of little italy restaurant, a tenant of the mesa hills shopping center. And I'm opposed to the shown zoning change for tract a for the following reasons. The center currently has less than 93 percent of the required parking spaces. Pardon me. Currently 66 spaces are compact spaces. This exceeds the 30% that are required by ordinance. Of these 66 spaces, 22 do not meet the minimum seven foot six-inch width that's also required by ordinance. Currently at lunchtime parking problem exists. Change in zoning is going to do nothing except compound this problem. Let me make it clear. I'm not against competition, but I would like a level playing field. Restaurants that are currently outside the mesa woods center and in the arboretum area are going to have -- they have the required parking, going to have a distinct advantage. I request that you all deny the zoning change for tract a. Thank you.
>>Mayor Watson: thank you. Larry peel?
>> my name is larry peel. I'm here to speak in support of this restaurant. We I am the developer and manager of approximately 500 apartments within two blocks of this restaurant. We have circulated a petition among our residents out there and we got a support ratio of approximately a third, approximately 150 of our people have supported this restaurant. I've known both kathy and michael for a number of years. This is a first class restaurant and we're very fortunate to have them in our neighborhood. I urge you to support them. Thank you.
>>Mayor Watson: thank you. Ms. Daily? I just realized when I was calling out kathy darby that was you.
>> It wasn't me.
>>Mayor Watson: it's not you, but it's your handwriting.
>> Yes, it is.
>>Mayor Watson: so why don't I call on you.
>> Hello, my name is kathy daily, bad writer. I'm the owner and general manager of castle hill cafe, which is located down town. We've been in business in Austin for over 12 years. And we are an owner operated business. We employ 40 full-time employees. We have a good reputation in the community with our local purr vairs and our peers. Castle hill is a unique restaurant in many respect. We do not serve hard liquor, we do not have a bar. We have limited hours and we are essentially a dinosaur in a world of emerging corporate restaurants. In 12 years we have never advertise and have relied solely on the word of mouth from satisfied clients. We were recently voted the favorite restaurant in the city on channel 7 news. We just got a four star we view in the states manned for 12 years we have been elected one of the best restaurants in the City by the chronicle reader's policy. The reason for success is simple. We provide a good signing room, good wine, good service, good management and reasonable prices. My partner, and myself would like very much to be able to do that in the northwest hills west over neighborhood. I think a restaurant like ours is a -- can be a special place and that is what we aspire to do. It's a place where people can celebrate special occasions, anniversaries, graduations, birthdays. And I think that people have very fond memories of dining at castle hill on certain times. This is not a cafeteria, this is not a corporate restaurant. This is the real thing. And it's a very hard thing to do and we would like to be able to do that in this neighborhood. And the only thing stopping us is the application for beer and wine permit, which requires the gr zoning. Thank you very much for your time.
>>Mayor Watson: thank you. Rob stern? he is shown in favor. Diana gonzales hebner shown in favor. Another shown in favor. Linda ramsey shown in favor. George gaston stone, he is shown in favor. Michael tadco, did I pronounce your name right? he is shown in favor. A. H. Jim hooser?
>> against.
>>Mayor Watson: all right. Mr. Hooser is shown against very?
>> do I get to speak now?
>>Mayor Watson: if you would like to, please come forward. Now is your time. Mr. Curry, you will follow him.
>> I have some handouts here I would like to pass out. Mayor and Councilmembers, I am jim hooser. A native Texas, resident of Austin most of my life. I moved here in 1965. Our homes are our greatest investment. We have been under siege from developers, would be merchants, entrepreneurs and City planning kmirls r. Kmirbls. While this is nothing new, sometimes the magnitude is really overwhelming. Right here a master plan was developed in 1972. I'm so proud that I received this yesterday from the City of Austin. Our master plan encompasses every bit of this business right here that you want to support. The City Council asked us to participate with our growth around our area. We have worked with the development of many strrs are centers. We have a vital interest in the land use of our area. We have of a business that will not add additional traffic and outside clients in our neighborhood. A few months ago, bca was in conflict with albertson's groceries. They want todd locate in our area. They did not meet the guidelines of our master plan and after meeting with top executives, they decided they would drop their project. The zoning in question is owned by raw hide out of california. In 1922 --92 they bought this property. They have nod made a single improvement since that time. You have a letter from the church of cite there that opposed this property and they're just 700 feet from this location. We have other churches, baptist church down the way. They oppose changing of this zoning. They have 12 small eat rees on mesa and spicewood springs road that are available to the students that are out for lunch. They have been in business for eight to 18 years and have cooperated 100 percent, no late hours, no large parties, which may be in conflict with the tiferts of our high school. Bca is asking the Council to deny the hearing by rezoning the property located at 8127 mesa drive. Our exact committee is made up of 20 members located in all the areas. We have four attorneys and I haven't decided whether that's an asset or a liability, but I haven't really figured that one out. But as Councilmembers, --.
>>Mayor Watson: if you do, let me know.
>> We ask that you deny this gr change. Now, if has been that since the beginning of time. And we could have packed this auditorium with the people in our particular area, but we chose just for our executive committee to make the presentation. Thank you, sir.
>>Mayor Watson: thank you.
>>Spelman: Mayor, I have a question of him.
>>Mayor Watson: we have a question of you.
>> Yes, sir?
>>Spelman: in your statement you're referencing a master plan for the neighborhood. Did you by any chance bring a copy of that with you?
>> I have it right here.
>>Spelman: I'd like to take a look at that if I could.
>>Mayor Watson: Mr. Curry?
>> I have four donations here.
>>Mayor Watson: you need to be more to the point. Let's call out some names. John hill, all right. Yes.
>> Bid raider.
>> All right. I've got it.
>> Eva curry, my mother.
>>Mayor Watson: if you can't get her to donate, Mr. Curry --.
>> And Gus pena.
>>Mayor Watson: okay. I've got Mr. Pena. All right. Let me get the card for ms. Curry and Mr. Raider.
>> I believe there's one from the church of cite here. I'm not sure. I haven't located it here.
>>Mayor Watson: I'm sorry?
>> there's supposed to be a representative of the church of cite here?
>>.
>>Mayor Watson: --.
>> I would like the first six minutes separately time and I would --.
>>Mayor Watson: hang on one second. One, two, three, four and you. That gives you up to 15 minutes if you wish to take that. What he'll do is I'll honor your request. I'll ask him to set the clock for six minutes and then you will have an additional time available to you, nine minutes, if you need to take that.
>> My name is lauren kaur ri and I am a member of the balconies civic association and on the executive committee. I am speaking for the proposal for tracts b and c. I am speaking against the proposal for a, which will be in the next segment. When first we practice to deceive or when first we -- when first we -- what is the saying? [laughter]. But that's why I'm speaking for and against. A deal is a deal, Councilmembers. And you have probably had more contacts on this case than you have on most of your cases since you've been in office. But this -- this matter of down zoning tracts b and c is completely and separate from the other matter. It is controlled by a restrictive covenant enacted in 1979 for the benefit of the neighborhood, not for the benefit of the owner, for the benefit of the neighborhood. And this was at a time when development was starting. And wirp trying to give the maximum ability for the center to form its own -- as a neighborhood support because there are very few homes out there. Anderson had just been built. This requires that if it is not a gr use the owner must request a down zoning to lr. This owner, raw hide, did not and has not and is obligated to do this and we have been trying to get this done and trying to get the City to encourage them to do it and they have come up with this representation that it's a swap. It is not a swap and the Council should separate this. And regardless of what your action is on tract a, this down zoning should be done. It's very clear that should the subject property or any portion there of sees to be used for the operation of a restaurant, the then owner of such property shall file with the City of Austin an application to rezone the property described in exhibit a, which is the entire building. Right now there are two rest raunlts there, one the bagelry and one los colin nas. He implied to you that they didn't have to do this. They're just being nice. That's not the case. A deal is a deal. And we ask you to break this ordinance in our ordinance package. These are not tied together. You can't balance these. They are totally separate items. And pass one ordinance for the rollback. And honor the deal in 1979 which is binding and has nothing to do with the application in tract a. A deal is a deal. Is that the time? was that the buzzer? well, I'll go on -- if you can justin the clock --.
>>Mayor Watson: we'll do that.
>> I'll move to my opposition to tract a.
>>Mayor Watson: please show him having 11 minutes and 16 seconds?
>> now, from the land development code, and I know you all are very aware of this, but the purpose of the lr neighborhood commercial district is intended for neighborhood shopping facilities which provide limited business service and office facilities predominantly for the convenience of the residents of the neighborhood. Now, the gr community is intended for office and commercial uses serving neighborhood and community needs. The overwhelming contact that you have had, the overwhelming numbers of people here in favor, the character of the castle hill restaurant as a community restaurant that the armstrongs go all the way down to for a special occasion shows that it is not a neighborhood restaurant. It is not appropriate for a neighborhood. You don't put an he will ranch choe in a little shopping center like this and castle hill is of that magnitude. These letters, they claim a thousand letters, a thousand letters from the nearby zip code. That would be 31 where the arm strongs are, and they talk about northwest Austin civic association. They didn't act on this matter because they are a separate association. They are a neighboring association. They are a 78731 zip code. Our neighborhood is only a small part of 78759. They indicate they have some 500 signatures just from 78759. From the post office we obtained the figures with respect to the mailing, the mailing numbers in 78759 and it is in excess of 19,000 boxes, 19,000 mailboxes. In our neighborhood, which goes from spicewood springs road to 183, 360 to mopac, we have 3,225 mailboxes. 3,225 Versus 19,000 for 78759. Castle hills clientele comes from all over the City. If you know the restaurant, you know that is true because you go from your home, which is not downtown, to castle hill, to eat there. What this is doing is taking castle hills' northern population and it will innone date our neighborhood. Now, we have tried. We met with the castle hill people, who are wonderful. They are victims. So is the neighborhood. Who are the culprits? the owner of this center and the manager of this center. The owner, raw hide, and the manager, jb goodwin, they made a lease to these people and led them to believe they could have their restaurant there, which they could not, which they could not. And we came in and pointed that out, sought to have these roll backs, et cetera, and in an effort they wrote us a letter and I'm sure you got a copy of it, addressed to bca executive board member. I'm sure you got a copy of it. They sent it certified to some of us. We met with them last weekend. Now, the owners of this restaurant are very anxious to try to scale it down and perhaps reach an agreement so that it will be very clear that this is a special situation. And that this can be done in a way that it can clearly be shown as not a gr precedent. And I talked with Mr. Wikerd and I said there is one thing that is non-negotiable. This has been to be shurd in a way to sha raw hide acknowledges and waives any right to claim any change this this to be a precedent. He not only owns this center, he owns the big center across the street. Now, these are 1979 gr footprints. They have no relevance today. This is a small neighborhood community. [One moment, please]
>> so we ask you to deny or vote against tract a, first, split this case and vote for tracts b and c and let these things come on the docket separately at the next setting because they are not in any way related and it is an insult to the City, it's an insult to the community, and it's an insult to every citizen for rawhide to try to take this situation and use it. They would not agree to seek a solution. I asked, we asked at this meeting if they would get a two-week delay or some kind of delay so we could work on this. And I personally asked Mr. Wikert whether rawhide would be willing to structure a settlement that would take the gr presence dense out of this. And I have not heard back and I take this as a no. So I'm sorry, the sloox the lawsuit by castle hill or mary bell against rawhide. They have their legal claim against them, the neighborhood should not be punished, let them -- let them get their satisfaction in court. Thank you.
>>Mayor Watson: Councilmember Slusher then Councilmember Lewis.
>>Slusher: what did you mean when you said the mom and pops won't come out because they are having it held over them?
>> that's right.
>>Slusher: what did you mean by that?
>> they have to get new leases. They have to get new leases. And it's been very clearly indirectly, informally or whatever, if you are with an owner's representative they will say I'm tore this deal. But if they can talk in confidence, most of them are completely against it. That's what I mean. There are refusals to negotiate new leases. Everybody is on notice as to what happens in this case.
>>Lewis: I have a question. Under this -- are you saying that tract b and c would have to be downzoned anyway?
>> yes, sir, under this restrictive covenant, if the property seeszs to be -- this is a use restrictive covenant. And that's really what we're talking about, what is the use in the east building. And if the use is not restaurant then this restrictive covenant with the City requires the owner to apply to downzone to lr.
>>Lewis: I was just looking in the backup, it says the following items are -- following use of property is prohibited under tract a with this -- with the overlay, and it lists a number of items that's restricted. I take it to mean that those same items could be -- could be -- the same properties could be done in tract b and c if you so choose. Since they are gr already. They are gr, correct?
>> they are gr, but the only ones that are to remain gr on los colinas and the bagelry, which are restaurants.
>>Lewis: but I'm just saying if it's the choice of the owner, he don't have a restriction -- restricted overlay on the gr property that's there now.
>> That's correct. Yes, he does have. He has in this restrictive covenant, he is limited in his gr uses to restaurant. As it says, that should the property or any portion thereof sees to be used for the operation of a restaurant. So even though this east building is zoned gr, the only gr use that is allowed under the deal is a deal is a restaurant.
>>Lewis: okay. So are you saying that tract b and c will no longer be a restaurant? is that what --
>> b and c are now restaurants now. That's why there is a requirement to roll back. But they are zoned gr.
>>Lewis: what are they now?
>> well, there's a -- a kind of a car chopper -- card shop or novelty shop. There's a mailboxes, et cetera a computer store. What is that? yeah, cookies.
>>Lewis: well, that's my question. If -- under that overlay, why hadn't they been rolled back?
>> that's exactly my point. Rawhide had an obligation to come forward. Now, we tried to get this done in February when this issue came up, and we requested to file -- the file, it couldn't be found initially and then it was found and this restrictive covenant was in there.
>>Lewis: let me -- ms. Glascow could I ask you a question? because I don't have it here, what uses is authorized under lr?
>> the -- actually if you have a minute I have a chart that gives you a comparison of gr and lr. Might be easier that way the chart I have here is rather tiny. I would like to share with all of you highlights.
>>Lewis: just tell me this. Is any of these uses that's on here that's restricted under the gr on tract a, here.
>> I have the ordinance with me.
>>Lewis: on page 2 of three. Is any of those uses on -- listed, are they permitted under lr?
>> okay. Well, I can go ahead and let you hear from another citizen or let him finish while I go ahead and mark it out because it's a rather lengthy list.
>>Lewis: thank you. I'll get back to you.
>>Mayor Watson: do you have questions of Mr. Curry?
>>Lewis: that's all I have.
>>Spelman: Mr. Curry, you mentioned a card shop, a mailbox place, what else?
>> computer store and cookies. I forget what they call it. Cookies in bloom.
>>Spelman: I'm not sure whether this was quite the question which willie was asking, but I'll add this question to what ms. Glascow is looking up right now. Well, I'll make it to you first and then when Alice is done with what she is doing, I'll make it to her.
>> Those are all authorized lr uses. That's why the roll back is called for.
>>Spelman: in effect, by rolling back to lr nothing is going to change.
>> Nothing changes, it just comports to the deal is a deal and we make sure we don't end up with some gr use. The only gr use they could put in there now is a restaurant, under this restrictive covenant.
>>Spelman: right. And they haven't put a restaurant in there. I guess my point is to -- in an important way they've really done what you asked them to do. They haven't fixed it as far as zoning is concerned, but they have not tried to put in another gr use in that east building since those restaurants left; is that correct?
>> they didn't have on choice to. Once the use creased to be a restaurant or did not become a restaurant, became something other than a restaurant, they had an obligation under this deal is a deal to make application for rolling book that portion to lr.
>>Spelman: I understand your point. I guess the one I'm making is they could have pretended that deal wasn't a deal at all and tried to go ahead and make a deal with a restaurant or some other gr use in that east building and they didn't do that.
>> When this restrictive covenant was executed, they could have made the skbir building a restaurant. That was in 1979. And of course, there was no development out there and we had a cow path. You know, it was -- and so it developed over the years and the purpose of this was to get some restaurants and to --.
>>Spelman: this exceeded --
>> and development. And the only thing we got was the two small mom and pop restaurants, which are as the armstrongs have stated, it's nice and quiet in the evening. They are definitely neighborhood evenings. But as I say, the owners of castle hill, they agreed to a closing time at 10:00, no video games, no pool tables, no live music, no late hours to restrict the lunch, close the largest part of their restaurant and limit it to 11 tables of four and 14 tables of two. And so on. But -- and we were going to work on the parking, but it's the owner, the owner wants this as a precedent, they will not agree to it.
>>Mayor Watson: I think you've answered their questions.
>> If you defeat it, then maybe they will get a little more sense.
>>Spelman: whether the owner regards it as a precedent or not is the owner's business. I certainly would not regard this as a precedent one way or the other, and if we should choose to grant the owner what he is asking in this case, I don't know what we're going to do, but if we should choose to fwrant the owner what he wants in this case it's certainly not going to carry over on to the next case, that's a whole new situation, new fact pattern and a whole new neighborhood.
>> I think the staff in back as referred to it as precedent.
>>Mayor Watson: ms. Glascow.
>> The uses you have listed as backups are all the uses in the gr district be prohibited. None of these uses are allowed in the lr district. Isn't that your question? okay. None of them.
>>Lewis: well, yeah, would you just make -- would you just read me a few of the items that is in -- that's authorized under the lr that can go on tract 1.
>> Some of the uses, administrative business offices, arts and crafts uses, consumer convenience uses allowed in both districts. Consumer repair services alud in both zoning districts. Financial services are allowed in both districts. Food sales allowed in both districts, like a grocery store or a gas station with food sales. General retail, sales convenience is allowed in both districts. Off site accessory parking, personal services, pet services, professional offices drive-in fast food restaurants limited restaurants, like the ones that are there which do not allow sales of alcoholic beverages, and service stations, software development special use historic and plant nursery districts. Those are --.
>>Lewis: so what he is asking for, he could put in there anyway minus the beer and wine or the liquor and wine?
>> what did being recommended here is just basically a stripped down gr zoning district where we're prohibiting all these uses and allowing them to have the restaurant use that would -- restaurant general, which would allow them to sell -- to serve alcoholic beverages with food.
>>Lewis: but it could put a restaurant in there minus the alcohol beverages at this time in the lr?
>> yes.
>>Lewis: and so -- hmmm. So I guess what is being -- the people is against is the alcoholic beverages because he could go in there now and put in the restaurant without doing any restribsz that they've agreed to in this -- you know, as far as reducing the size and scope and all that during lunchtime.
>> That's correct, that's just a scope of what can be served in the restaurant and the clientele. That's the main difference.
>>Lewis: thank you. That's all I have.
>> Could I answers Mr. Lewis' question.
>>Lewis: you answered my question.
>>Mayor Watson: you've already answered his question. Watson howl.
>> Eches stating what our position was I think.
>>Mayor Watson: Mr. Curry.
>>Lewis: what I was trying to find out is what is it that's being objected to because if a restaurant can go in there now then the only thing that you are objecting to is the fact that they are going to sell alcohol.
>> No, what we're objecting to is that it's a community restaurant that draws its clean tell from all over the City.
>>Lewis: but what I'm saying is a community restaurant could go in there now without changing the zoning as a lr.
>> There is no community restaurant that doesn't have an alcoholic license.
>>Lewis: I'm not -- I'm nol saying that. I'm just saying what is permitted now versus what --
>> we have asked them to open up without the beer and wine because it would not be a --.
>>Lewis: that's what I'm saying, that's what you are objecting to is the beer and wine.
>>Mayor Watson: thank you. If we could move on to other speakers or others. Watson howl.
>> Address the issue regarding the [inaudible] I think it's been talked to death. My comments are redundant. Record me as opposed to the zoning change for tract a and in favor of zoning change for tract b and c.
>>Mayor Watson: appreciate your discretion. Kyle humphreys. Thank you. Mike mcmin.
>> Mayor, he had business that he had to attend to at 6:15.
>>Mayor Watson: and he is shown in opposition. Bob leonard. Bob leonard. Welcome, sir.
>> Thank you, Mr. Mayor. Members of the Council, assistant City Manager. I'm bob leonard speaking in -- speaking in behalf of the party out here. Speaking in behalf of the -- and in behalf of the balance conies civic association. Basically I think what we're dealing with in this issue is complicated, I agree with you that there are questions that need to be raised. But we're -- we're dealing with the situation as to whether or not land use involves sentiment and personalities or whether it involves basic fundamentals of land use. And we would submit that this land use decision, as other land use sdigz, involve the fundamentals of land use planning. I'm concerned that we are navigating uncharted waters at this point. And I would hope that we could have a common sense approach to this. And that -- that simply means that we separate the sentiment for the tenant, whatever that might be, and whatever levels of appreciation we have for the promd tenants, other businesses, that we separate that fifth street business in the urban environment from the business on this collector street located in the middle of the block in what we hope is a stable residential neighborhood. And in our opinion it is a stable neighborhood. In terms of the smart growth, and I know you all are aware and have had other discussions on smart growth, it seems that in our opinion the objective of smart growth is to facilitate short and accessible trips within a neighborhood. And protect the integrity of a neighborhood. I think we've clearly demonstrated that with 19,000882 residential deliveries in the zip code 59 that this relatively small number of response ents to the petition and to Mr. Peel's appeals, is not the individual neighborhood. We do urge you to apply these smart growth principals to this particular case. Mr. Garrett is here and has not spoken yet, but he has some very important information for you relating to the parking that is available today or yesterday on the ground that's painted in stripe and we have some very strong concerns. Mr. Garrett is available to show you that there is actually 48 spaces that are supposed to be there that do not comply with your own land development code. They do not meet the minimum width requirements in those parking spaces of your own land development code, and that is of substantial concern to us. We urge you to vote yes for b and c, in other words, to rezone b and c to lr and it's that pores of b and c that is not currently a restaurant and then to vote to deny the gr community retail for tract a. Thank you very much.
>>Garcia: thank you. Mr. Carl pinning ri.
>>Goodman: could I ask bob a question real quick. Back when you first worked out the restrictive covenant, what was the reason for agreeing to the gr in the first place? was it for a restaurant or something else?
>> I was not personally involved so I don't know from personal experience, but it's my understanding from reading the file that it was recognized that that -- that that gr use in the building that's going to be downzoned would be a restaurant. And therefore the restrictive covenant said you pick your space for a restaurant and then roll the rest of it back. The building is about 12,000 square feet.
>>Goodman: and you really didn't talk about -- or whoever didn't talk about beer and wine back then on the gr? I'm sure they knew that it would be beer.
>>Goodman: okay due due the time of restaurant. But it was for that one small space.
>>Goodman: right. Okay. Thank you.
>>Garcia: thank you, bob. Carl pingery, followed by larry garrett and Mr. Steven galloway. Welcome.
>> I'm larry garrett. Is Mr. Pingery here?
>> yes, I do not want to speak.
>>Garcia: you are giving your time to him. You have six minutes.
>> I don't think I'll be using all of that. Mr. Hoosier handed out a bullet item sheet when we first -- when he first came up to speak, and it contains a lot of the information on the parking lot. Yes, sir. This poorking lot has had an awful lot of skroot me. -- Scrutiny. It's been counted many times with many different answers and it boiled down to the point we needed to go out and identify each space and give it a I dent fire and measure it. As a result of that, we found that there are 214 spaces, and of these a good many of the compact as well as the standards do not meet the minimum land code development standards. Some of them are considerably undersized and that -- I would also like to pointed out that this parking lot in the -- in the discussions that have been held on this thing, it was restriped even sunday evening. So that's the importance that this parking lot has played in this overall project. The analysis behind c and b, the alley way chokes down to approximately 12 feet two inches and that is not only restrictive of the -- restricts service vehicles, but it's -- it presents a safety hazard for fire and e.m.s. Vehicles. Their requirement according to a lieutenant is a 15 foot easement and needless to say they do not have it and -- behind either one of those two buildings. Mr. Limon was supposed to be out today and make a judgment on it and he did not -- did not show up. I would like to encourage you to look at these photographs. You can see where the trees have been damaged that are actually in the parking spaces you can also see that the maneuvering area on the island it's been very well gouched out and ruined a few front ends, I would imagine, and this represents a moo noofring problem which is -- maneuvering problem which is express understand the land development code. It says under the parking facility of section 13-2-1, sdwins a parking facility as an area on site with a principal use which includes one or more off street parking spaces together with driveways aisles, turntion and maneuver areas. Clearances and similar features. So with -- as a result of this this is a -- this forms a safety hazard that has not been addressed adequately, and I would recommend -- I request that you vote to oppose a rezoning of tract a and support the rezoning of tracts b and c. Thank you.
>>Mayor Watson: thank you, sir. Steven galloway.
>> Hi my name is steven gallon low wi and I just heard this evening the castle hill folks are look to go move into this location. I live in zip code 31, but this is still where I do my shopping. I shop at randalls across the street. This is my retail center. And I'm here to speak in favor of this. I can't tell you how many times that I've wished we could get a home grown mom and pop type business of this quality into our neighborhood and it's just so many other chains, yes, we do have to drive downtown. I would welcome this type of quality restaurant in my neighborhood and believe me the parking will not phase me. So I'm just here in support. And hope you would agree with me. Thanks.
>>Mayor Watson: thank you. You will be entitle to do three minutes rebuttal.
>> I don't know if I can talk this fast. On rebuttal, I would like to cover a few of the issues. The issue is not beer and wine as Mr. Lewis suggested, and the issue is not complicated. I think the bca has got to throw out anything and see if it sticks. On February 4, lauren curry personally told mike and kathy they couldn't get gr zoning if over the bca's object objection. On tuesday, this week he calls and said let's postpone this for an undetermined time for unstated reasons to see if we could work out an agreement. Seven months later. That's how long they've worked on this. The issue is not parking, as you know. There's a site plan on it. This is a site plan approved in '891 and I can pass it to you because you -- '91. It shows this restaurant, shows all the current restaurants, it has the parking assigned for it. It's being updated. It shows that, you know, the parking is not even an issue and you know it is not an issue in zoning. What is the issue, there's a precedent being set. It's argued. The precedent was set by Council in the '70's that gr restaurant use was appropriate for this site. What you have in your backup is the restrictive covenant without the ordinance. And that restrictive covenant was attached to an ordinance that in 1979 didn't have the ability to do conditional overlays. So they intended it to be gr for a restaurant, but they didn't want it used for anything else. And that's why we didn't have to apply, you had the right to change that restrictive covenant and we could have come here and quite frankly should have. It was an attempt to apiece the bca and ask for gr, co on all tracts. Because that's what Council intend understand 1979. Which means gr, if you have a restaurant, and lr if you don't. That's what the '79 ordinance says and that's what everything has consistently said in the last almost 20 years. And I have the ordinance and I have that restriction. If you haven't seen it. But that is simply what it was there for. To make it a restaurant if you need it and no other gr uses. I think you have gleaned by your questions there's never been an attempt to put a nonlr use other than restaurant in this center. Never, hadn't been. This owner, the current owner acquired this property in '92 by a for closure, had no knowledge of this and the first time they had knowledge they agreed with the bca and agreed to do a roll back. And my opinion did not have to and because we haven't gotten any support, I wish we had come with a grco on all tracts which I think is reasonable and what you would approve. So trait, I think you've heard the facts. I'm here to answer any questions, but I urge you to approve on all three readings.
>>Mayor Watson: thank you. Those are all the people signed up to speak. I'll entertain a motion to close the public hearing on item 41. Motion made by Councilmember Griffith, seconded by Councilmember Goodman. Any discussion? hearing none, all those in favor say aye. Opposed motion carries. I'll entertain a motion with regard to the substance of item no. 41. Is there a motion on 41?
>>Garcia: let me put a motion on the table so we can start the discussion. I'm going to move for the Planning Commission recommendation.
>>Mayor Watson: motion has been made to approve the Planning Commission recommendation. Second? seconded by Councilmember Griffith. Discussion?
>>Goodman: I have some questions. One of the things that came up was the issue about a press denlt and not having come up with some -- a precedent and not having come up with some way to guarantee I suppose that this didn't happen again or I'm not quite sure what the total protection was wanted to be from the neighborhood. But I'm assuming that Mr. Wikert talked about it with somebody somewhere along the way. No? and if what they need is some kind of black and white protection, I mean it sounded like there were two issues and I don't know how to address the one. The one about being a regional mag note for clientele. But the one about the protection from it being a precedent, you being a lawyer and all. Have you thought about that? is there something strong you thought of that might answer the need?
>> I did, but let me tell you that I gave you some of the dates. I talked with wlaur ren curry, a fourth of the representatives on this case for the fires time on tuesday and he told me -- first time on tuesday. And he told me he had nothing against the tenants, but that wasn't the issue. He was dead the set against this owner receiving any benefit at all on the center and I was unable to determine why. But suggestions, that was one, that it not be a precedent for future zoning and I don't think it is because we have a negative gr use and it's the same precedent of restaurant only in this center that's been established for 20 years. Other things were to in all future leases to require the employees to park off site. You know, and I said no, we can't do that. We have no place for them to park. It was to negotiate with the bca on future leases or to have a -- the owner never agree to go for gr zoning on something. And I said they are all too indefinite. There is nothing that you have given me that I can address. This is clearly not a press dented. The precedent has been set for 20 years. We're just following it and meeting the requirements that were set by Council in 1979.
>>Goodman: okay, yeah, and I understand not being able to set a zoning forever because you can't bind some future owner or Council or whatever. But maybe --
>> maybe I can ask, would it mean anything to you if rawhide mesa partners, which is a limited venture that owns some property in the area, said we will never apply for a gr zoning? I mean how can we do that? I mean they ought to be able to as any other property owner present a case and go through the due process that is a difficult, expensive and time consuming one to get. What they were is the best use of their property. And that's why I object to that. That is so unfair to try to shackle one owner because you are angry at that owner when this zoning -- right, shouldn't be based on castle hill -- or marry bell, it should be based on the property and its uses and what has been established in the area. And the establishment was done 20 years ago.
>>Goodman: Mayor, could I ask Mr. Curry and did Mr. Howl leave already? he's an excellent lawyer too, as you know. Austin has lots of them.
>> Mr. Howell I believe has left. He had a case.
>>Goodman: could you tell us what it was you were thinking of? what was the mechanism that we could legally and with some assurance do?
>> do you have this copy of this letter that the tenants wrote to the bca? it's dated august 21st. I just assumed that you had it trait, in the second paragraph it -- at any rate, it says we appeal to you with the hope we could have an opportunity to settle our differences. And we have shaped our proposed restaurant to include many suggestions for the concerns of the bca. Now, this was august 21st. We always try to work this out by agreement, and so we met last weekend, and what I told Mr. Wikert was is that I felt we had the essence of an agreement which could provide the protections to the mom and pops and to the neighborhood against future efforts to overzone in this area. We have aagreement on every issue with the restaurant as far as times and no loud music. If you pass this now, they can have loud music, they can have everything.
>>Mayor Watson: her question was what is the mechanism.
>> Of what?
>>Mayor Watson: ask the question again.
>>Goodman: what as a lawyer were you thinking was the mechanism that we could legally do within the restrictive covenant or within a co?
>> I see what you are saying. What it would involve, it would be a private restrictive covenant which would incorporate all of the agreements to closing hours and so forth and it would incorporate a acknowledgement by the owner, for the owner and its success tors and assigns that this was a special circumstance that resulted in some problems with these owners and that the solution is not to be interpreted as justifying our in any way supporting a gr intensity in this facility. But simply to provide a solution, which in essence will make this a neighborhood restaurant by the number of tables, things of that nature. And -- but the one thing that we needed from the owner was that -- that they -- they can request everything to be gr. We're not going to try to stop that. But what we need in this particular case is a acknowledgement that it's a special circumstance and they acknowledged that and that they will not attempt to use this as an argument to support any requests that they might make in this center or in their center. They own plaquely the whole -- practically the whole block.
>>Goodman: Mayor, that sounds doable to me. Maybe this is a case where we just do first reading and give the lawyers a chance -- I see glenn growning. That's what lawyers do. They get together and work out the strange stuff we don't understand.
>>Mayor Watson: are you making that as an amendment?
>>Goodman: if it's acceptable.
>>Mayor Watson: all right. The motion was made by the Mayor pro tem and seconded by Councilmember Griffith. Mayor pro tem, do you consider that a friendly amendment, the amendment would be the mechanism that has just been outlined by Mr. Curry as a potential mechanism and do it on first reading only.
>>Garcia: what are we doing to do between now and second and third?
>>Mayor Watson: well, try to work out this language that would allow for the protection that Councilmember Goodman is seeking.
>>Goodman: the way Mr. Curry just said it sounded more like simply an explanation that you might not normally find in a restrictive covenant but is just a smantion of why you are trading the lr footprints.
>>Mayor Watson: wow speak to that?
>> precedent is if -- as the City attorney will tell you is established by what you do and the way you do it. If you wanted to establish that as a precedent, you can do that ri ht now with the minutes of this meeting. Which will stay with this file and say we're doing this as a special circumstance because of this situation, and it is not to be considered a precedent in the future. And that is more effective from a Council stating that than it is to do very dangerous restrictive covenants that are very difficult. That would be a very difficult thing to write, in my opinion.
>>Goodman: well, of course, not being a lawyer, I would disagree with you because it sounds like it's -- as I said, it sounds like language you don't normally find in a restrictive covenant, but it would be an additional paragraph that said pretty much what lauren just said, that had was -- this was an extraordinary or out of the ordinary-ee whatever it was, special case and that you in fact traded the lr pads or however you want to put that, and if in a future time somebody wanted to say that was a precedent set, I think they could more easily if ul they relied on was our minutes because that doesn't really go with anything. Somebody would have to go look those up. The restrictive covenant, though, is always referred to.
>> If the City attorney --.
>>Goodman: and it's not restricting you. I'm sorry. It's not restricting you to anything else. It's simply within the restrictive covenant as a notation of why the original gr is not the current gr.
>> Okay. There are two things at issue. One is that the owners of any property, where, I don't know, in the area, and this owner, I presume, is restricted from using it as a precedent but no one else is. I think that's basically illegal. What I'm trying to say is it's like when the legislature passes something and you go to the legislative history as one of the areas of determining that -- the intent of the legislation, and maybe matter can address that to you. Again, I don't -- marty can address that. I don't think that an owner can speak to precedent.
>>Goodman: well, yeah, and I'm not asking you to. The way Mr. Curry just said it it really is nothing but almost a footnote of explanation. Just a record of an action having been taken. It doesn't restrict the owner in any way. It merely notes that there was a change in the gr.
>> I have a proposal for you that we could go on with third reading a and which is really my desire here. The -- the owner will write a letter to the balance con ease civic association saying that this -- balance conies civic association saying this was a special circumstance and approval of zoning will not be considered by the owner or ever used by the owner as a precedent for other gr zoning in the area.
>> Well, he's just stated that he does have the ability to put this in the form of restrictive covenant and of course that's legally binding and the letter is not nearly as enforceable. The other problem that's here is by failing -- by this block keeps the neighborhood association from putting into effect the other agreements that we feel we're going to be able to make that limits the hours and so on. If it's -- if even -- even if he granted that, we would have a community restaurant because as a Council you can't put in a conditional overlay, no pool tables or 10:00 hours or things of that nature. And we've got to be able to have the ability to do that to make this a special case and not a community restaurant.
>>Mayor Watson: thank you. Councilmember Slusher.
>>Slusher: I just wanted the City attorney to speak to the precedent issue.
>> I'd be happy to. I'm hoping I'm on again. As far as the precedent is concerned and what establishes precedent and what -- what would be evidence of what a precedent -- what precedent if any was set, certainly the minutes of the City Council would demonstrate whether or not you intend add precedent to be set. And that is that you could -- you could make your motion to adopt, for example, the zoning recommended by the planning commission, but note in the motion that -- that this was not to be considered as precedent for any other gr zoning in the area. As far asset precedent, a restrictive covenant is concerned, that is not something for example that the City would join in doing because a restrictive covenant is -- while it may very well be possible to put that in a restrictive covenant, that's not what a restrictive covenant is designed to do.
>>Slusher: could I interrupt? so the quickest and cleanest way it seems like to make it happen would be just add it on to the motion and do it tonight and then won't have to spend ni time in the next few weeks with the attorneys negotiating it.
>> That's correct.
>>Slusher: how you think we could effect I feel accomplish that like in a few minutes?
>> yes, I think you can.
>>Mayor Watson: the other thing I might add, that would be the belt, the suspenders would be the letter, and if a motion -- I'll ask the Mayor pro tem and Councilmember Griffith if they would consider it to be a friendly amendment that the motion state that it is not to be considered precedent, and that the statement made by the attorney for the applicant that a letter would be provided is part of the basis for the motion and he's represented standing at the microphone he would provide that letter.
>> The City attorney would request that a copy of that letter be sent to the City attorney so that I can make sure it is in our files for, again, belt and suspenders.
>> Your fax number is memorized.
>>Mayor Watson: Mayor pro tem considers that friendly. Councilmember Griffith?
>>Griffith: yes.
>>Mayor Watson: so the motion has those items in it. Motion has been made and seconded. Any further discussion?
>>Goodman: yes. I appreciate your efforts to be helpful and I'm sympathetic to the neighborhood and to the user. I just want to point out that although the letter is great and I'm glad the neighborhood is getting that, if you will notice in your backup, there are no minutes from the prior Council meeting that did the original zoning. There is, however, a copy of the restrictive covenant.
>>Mayor Watson: further discussion? hearing none, all those in favor say aye. -- Mr. Curry, you don't get involved in that. There being no further discussion, all those in favor sigh eye.
>> Posed say no. The motion carries on item 43. Sorry, item no. 41. That takes us to item no. 43, Which is related to item no. 59.
>>Mayor Watson: Mr. Wikert, before everybody leaves, you agreed to the hours too, correct?
>> yes.
>>Mayor Watson: okay. Would you go -- please go to the microphone. Councilmember Goodman, why don't you grab a microphone and ask him the question. Councilmember Goodman has a question. If I could get everybody to please hold it down.
>>Goodman: we wanted to make sure that the other issues that -- glenn --
>> oh, I'm sorry.
>>Goodman: that had to do with operations, they were hours and I don't remember what else but that --
>> no late hours, no music.
>>Mayor Watson: Mr. Curry, please.
>>Goodman: live music. Did you all agree?
>> no, now, I don't want to belabor so I'll put all that in the letter. If you are asking for it I'll put everything that we've ever proposed that they've never accepted or given us anything to operate off of it will put that in a letter.
>>Mayor Watson: it needs to be in the letter, but you are agreeing to the hours as Councilmember Goodman --
>> yes.
>>Mayor Watson: okay.
>> And the hours that -- so it is specific, they talked about approximately 10:00, no seat, no I'm going to put if the Council accepts that, no seating, absolutely after 11 so that there is not this 10:05 or 10:35. So the hours, if I may say 11 p.m. With the exception of new year's eve and valentine's day. And that was in the letter.
>>Mayor Watson: let me do this. For purposes of clarity on the motion that's before the Council, I'm going to ask that Councilmember Goodman vote to reconsider item no. 41.
>>Goodman: so moved.
>>Mayor Watson: motion made and seconded. Any discussion? hearing none, all those in favor say aye. Opposed. Motion carries. The motion that is on the table, I'm going to ask the Mayor pro tem and Councilmember Griffith if you will consider as a friendly amendment the limit tation and the demonstration of our intent that the limitation be an agreement on the hours that there is no seating after 11 except on valentine's day and new year's eve. Anything else that needs to be stated as part of that?
>> I'd be happy to say no video games and pool tables. All the things that we ever talked about, I will be more than happy to include in that letter.
>>Mayor Watson: those are going to be included in the letter, a copy of which goes to the City attorney. Mayor pro tem, a friendly amendment? Councilmember Griffith? all right. Any further discussion? this is on all thee readings. Hear hearing none, all those in favor say aye. Opposed? motion carries. Item no. 43.
>> Mayor and Councilmembers, before I present item 43, I just want to assure Councilmember Goodman is what we'll do is order a transcript of this meeting put in the file so in the future if there are any questions there will be a set of minutes from the City -- from this hearing. Item no. 43, Councilmembers, is case c 14-98-75, at the same time we're also going to have discussion item 59. So we have two items that are related. 43 And 59. 43 Is a case to consider rezoning of a property. Item 59d is a [inaudible] that is required by one of our famous restrictive covenants that a site plan -- this is a night of bringing the past back to you.
>>Garcia: ms. Glascow, let me ask the people that are having private conversations in the chambers, if you could take them outside. So that the Council can listen to ms. Glascow. Thank you very much. Ms. Glascow?
>> okay, Mayor pro tem. Item no. 43 Is case c 14-9875 located 6108 boehm road. The current zoning is limited industrial services. The Planning Commission asked staff to initiate a zoning case on this property. Before I talk about the zoning case, I would like to give Council a little history and also some -- this will be a benefit to the citizens who are here on this item. Several months ago the City Council was presented with a site plan to consider on this property. It's a site plan that was required by a 1979 restrit I have covenant that in the future should this property be developed, that there would be a site plan that would come to the City Council for consideration. When we brought the site plan to you, you asked that we take you back to -- take it back to Planning Commission and ask them to consider it in relationship to compatibility with the surrounding neighborhood. The Planning Commission did two things. They did consider the site plan as requested. They also directed staff to initiate a zoning case which would allow them to consider the appropriateness of the zoning of the property on -- as it relates to industrial zoning or to possibly consider other appropriate zoning. The Planning Commission felt like the zoning wanted to consider was warehouse limited office and that was the zoning district we were directed to nir ate that is correct is what the Planning Commission rrd and recommended to you. The warehouse office limited district would allow for the appearance of the building in the front to look like an office and then the warehouse would be to the rear of the building. Hence the designation office warehouse. The recommendation from the Planning Commission has been challenged by the surrounding property owners within 200 feet. We do have a valid petition opposing the change in zoning or rather to the -- to that proposed by the planning commission. This is a little tricky as to what is really being opposed. The current zoning on the property is limited industrial. The Planning Commission recommendation was to roll that back to office limited office warehouse. The petition from the neighborhood is opposing that rezoning to limited office warehouse. Their preference would be single family 3. The owner has also just filed a petition opposing the change in zoning of t property so you do have two petitions, both of them valid, so any action you take is going to require six votes either in favor of the neighborhood or if you were to zone -- to change the zoning in opposition to the owners, then you still are required to have six votes either way. So that's a brief history of this zoning change. This is an area that has been zoned industrial for several years and Council has expressed an interest in looking how that zoning relates to existing uses acknowledge to assess whether it's appropriate to consider other zoning designations. The companion site plan which shows on office warehouse development was approved by the Planning Commission. It is before you also for consideration as required by the restrictive covenant nents so we are presenting both items to you for consideration. I will pause here and await to respond to questions as we proceed through the hearings. Thank you.
>>Garcia: thank you. Does anybody have any questions from ms. Glascow at this time? okay. We have 25 speakers on this -- these two items. If you don't need to speak because somebody else said what you wanted to say and you just want to repeat, you can just tell us and we'll go on to the next speaker. Mr. David wise. Followed by Mr. Gary bernard. And Mr. Joe willie mcallister. Welcome, sir.
>> Good evening, Mayor, Mayor pro tem and City Council members, I'm David wise. Tonight as Alice was saying we're here talking about two cases. We've been before you all previously.
>>Garcia: let me stop you for just a minute. Alice, help me on this. The applicant gets five minutes?
>> actually, Mayor pro tem, were the applicant, the City of Austin. He is just the property owner. So they do get -- they get three minutes.
>>Garcia: back to you. You have three minutes.
>> Since I'm the agent for the site plan and we're doing both cases do I get five minutes.
>>Garcia: let's give him five and everybody else gets three. All the other people from your group will get three.
>> Tonight we're talking about two cases. The zoning case, which is existing li. Were willing and -- we're recommend to go reduce it down to wlo. [One moment please]. Test.
>>Garcia: is Mr. Bernard here? Mr. Joe willie mcallister.
>> In favor, sir.
>>Garcia: Mr. Mike girfon. Is he here? welcome, sir.
>> Thank you, Mayor pro tem and Councilmembers. I won't take a lot of your time. I want to just reiterate that we've done what we thought we could and what we were asked. We come forward a month ago. This project we've been working on for 11 months. The zoning was in place at li which would hold a 60 industrial building. This if you look at this site plan, this is -- and if you look at the wlo zoning, it looks like it was Written specifically for this. That zoning has been in place a while, but it fits this type of need. It fits and makes a transition to the residential neighborhood. Thank you for your attention.
>>Garcia: thank you. Mr. Joe quintero followed by Mr. John cornett and Mr. Jesse Ramirez. Mr. Joe quintero.
>> Can I have the primary speaker first speak?
>>Garcia: sure. What's his name? let me see. Okay. You are nom l. Nom 18 rbltion we're -- no. 18, We're moving you to no. 5. Ms. Maria, welcome.
>> Thank you.
>>Garcia: let me say that Mr. Gary bernard is registered in favor of. And Mr. Joe willie mcallister is also registered -- he did not indicate, but you are in favor of, right? okay. Welcome again.
>> Good evening. I'm from the comber cove neighborhood association and we have this map here that we were going to show you where our neighbors live. Our area -- I don't think -- I don't know if you can see it, but it's this gold color right here. This is is neighborhood that we live. In the area right here, the purple one here is the li and this is where they are wanting to put the warehouse. Right hand that land are backyards to homes. All of this area in purple that's around where we live at is light industry. And I just -- this is a colored map and I just thought you would like to see that. So we could show you what we're talking about. I came before you all back in -- back in april to let you all know that the planning commission had passed a site plan and none of the owners in the comer cove neighborhood had been notified of a site plan that had been passed or notified of anything wanting to go up until we received a letter saying it was coming to City Council for approval. After that when I came here you all had sent it back to the Planning Commission. Because I had walked the neighborhood to find out that no one had been notified of the meetings at the planning commission initially when it went into Planning Commission. So when we did go before the Planning Commission, we talked to them and we told them how we were not notified of a site plan that was there. We have never seen it. And apparently it seemed to us that they had already had their minds set on what it was that they were going to vote for as far as passing the site plan and moving it back on to the City Council. No matter what we said about notification, us not being notified, they decided to pass it anyway to come to City Council. The neighborhood, the comer cove neighborhood association does not want warehouses behind where we're at. We need that green space, that space that's there now, it's a buffer now to a warehouse that's directly across the street from the 6108 boehm road and we can -- in the evening time and in the daytime we can still hear those 18-wheelers coming in and out backing up, unloading, loading up. We have so much light industry around there we really do not need any more. We don't want anymore. In december 6 of '84 there was a restrictive covenant who said all persons who signed a petition dated may first of '84 was to present -- should be notified in consideration of a site plan. No one had been notified to that. [Buzzer sounds].
>>Garcia: let me ask if anyone wants to give you their time. Mr. Quintero, do you want to give her your time?
>>Garcia: only the applicant gets five minutes. But since we gave them five minutes, we'll give you five minutes since you are the main speaker.
>> Okay. I have gone and talked to many of the neighbors in the area on several occasions, we've met with the neighborhoods and everyone and everyone has the same thing that they want. They don't want the warehouse behind our homes. That's all that we can say. I mean I came and told them that I would say that, we don't want the warehouses behind our homes. We would prefer to have single families rezoned to single families. Enough is enough. We need our green space. We need our area. As it is we're congested enough with the sewer plant that's around there, the cement plant that's there. A trubing company that's at the corner of boehm road. The warehouse, there's a laundry. We also have a school and that has a lot of traffic. But the traffic that we're most concerned about is the traffic coming from the 18-wheeler, the dump trucks, the industrial trucks. So if you could please consider the fact of what the residents and the neighbors are wanting, we're only wanting a fair shake in this and if you could please vote no that we're against this. Thank you. [Applause].
>>Garcia: thank you. Mr. Quintero. And following him is Mr. John cornet and Mr. Jesse Ramirez. Welcome.
>> Good evening, Council. I'm with the greater east Austin neighborhood association. The gentleman that just spoke with the East Austin overlay, that that particular area had never been included and he's correct. And the reason being, the purpose of the East Austin overlay was to notify people. That was one of the main criterias that the people now that are in the East Austin overlay are being notified. But even that is not enough. Because it seems that it's difficult for people in the community east to realize that everything that we're trying to push for is housing and development, and the Johnson tear race is an old neighborhood. For one reason or another, Johnston high school was built back in the early -- late '50's way out there on 183. And so for the purpose of it being alone for many years out there, there was a plan, a plan to put residential housing around the high school. And then all of a sudden because still light industrial was sitting on residential properties, then light industrial started moving in. So I think you should consider the factor that there is traffic, but there is a high school out there. It's one of the basic minority high schools, black and hispanics, and plus people are being bused from dove springs into the high school. So the concern that -- the thing that I want to state to you is that we have generations there. I recently lived there for a couple of years on comer cove and I passed the house on to my daughter who is now raising a child who is another generation. We want to protect that neighborhood. We want to protect those residents. And we would like to see housing. We would like to see more affordable housing and I think this area would be appropriate area and if we save this particular property and petitioned it that you roll it back to single family it will certainly help us a lot of thank you. Appreciate it.
>>Garcia: thank you. [Applause]. Following Mr. John cornett is Mr. Jesse Ramirez, then Mr. James dewitt. Mr. Cornett.
>> I'm for.
>>Garcia: he is registered in favor of. Mr. Jesse Ramirez. Mr. Ramirez. Welcome, sir.
>> Hello, Councilmembers. My name is jesse Ramirez. I reside at 5512 south pleasant valley. I'm a contractor. I started my business about two years ago. And as you all know, being a minority it's very hard to get started in the City. Out of all the different companies I approached here in Austin, this company here was about the only one that extended me a hand. As far as getting started. Without -- I guess them knowing me at all. I've got bad credit so it's really hard for me. Nonetheless, -- our first year we did a little over a hundred thousand and this past year we did over $6 un,000 worth of business because of these guys. That in turn made me employ 75 employees that are from east Austin, so that in turn all went back into the community. So there is something good to be said about them. I can understand some of the concerns with the neighbors, but there is some good and there seems to be, I don't know, some animosity here or miscommunication as far as like why and people weren't notified, but I saw the building that's supposed to be going up. It seems very low key. It doesn't look like it would be in any danger of handling chemicals or danger to kids or anything like that. But as far as a young minority trying to start up a company that's trying to live the american dream, this is one of the few companies here in Austin that is available, and I'm here to testify to that. Thank you.
>>Garcia: thank you, Mr. Ramirez. Mr. James dewitt.
>> I just want to say I'm for.
>>Garcia: Mr. Dewitt is registered in favor of. Mr. Ed Martinez.
>> I'm in favor of to.
>>Garcia: he is registered in favor of. Mr. Johnson.
>> In favor of.
>>Garcia: Mr. Johnson is registered in favor of. Mr. Shane Mills.
>> In favor of.
>>Garcia: Mr. Mills is registered in favor of. Mr. Bryan builderback. Mr. Builderback. He is registered in favor of.
>> I'm speaking, sir.
>>Garcia: oh, okay. Bryan builderback and then james builderback. Welcome.
>> Thank you, Councilmembers. My name is bryan builderback, I'm one of the owners of the company who wants to go on that plot of land. I just want to reiterate the fact that we have met or exceeded all the provisions of the restricted covenant. It asked for a 25 foot set back. We agreed to a 50. It asked for access only from boehm road, not gardner road, and we do meet that. So there is only one way into the project and one way out, so it's not going to affect any of the traffic going into the comer cove neighborhood. There is -- there's only one way into the building and one way out. And I guess the third provision of the restricted covenant was to get approval from the Planning Commission and the City Council, which we did get from the planning commission. And in addition we've offered to put up a six foot or even go to a seven foot privacy fence around the property. Our office hours are Monday through friday, 5:00 -- or 7:00 in the morning to 5:00 at night. Like they stated before, we only average 50 trips a day, which is far less the number of trips coming out of that neighborhood from the high school in the morning and in the afternoon. I feel that instead of being looked at as an enemy we should be looked at as an asset. As Mr. Ramirez stated, we do hire employees from inside the community and we have helped other businesses just as Mr. Ramirez's and, you know, we're willing to help -- we're willing to help anybody get a business started. So I think that's important and I just don't see how we can be looked at as an enemy for that. I would just like to say that I am in favor of the project obviously and I hope that you will be too. Thank you.
>>Garcia: thank you. James l. Builderback.
>> In favor.
>>Garcia: he's registered in favor of. Joel scott. Registered in favor of. Susana almanza and following her is joseph feen and then sylvia herrera: welcome.
>> Good evening. Mayor and Councilmembers. My name is susanaalmansa and I'm with the people in defense of the earth and we too have worked and helped many people, many residents, and this issue is not about Texas contractors. This issue is really even goes beyond zoning. This issue is about environmental injustices. This is what this issue is about. If you look at all this purple when the City of Austin did the land development study of East Austin and that's not covering all of East Austin. Over 65% of the industrial zoning was in East Austin. If you had covered up to montopolis to 183, you would have found that 98% of all industrial zoning is in east Austin. And East Austin has 30% of the less restricted cf zoning in our community. And you can look at other maps and you will not find this type of zoning. So even though we are here discussing a zoning issue, we're really talking about environmental injustice. We're not talking about the Texas contractors. We're really talking about we've got 15 industrial sites, another industrial site coming in with single family to li in the very near future and we're talking about now industrial siting of warehouse limited office because this is the same site, the letters have changed, now coming into the neighborhood's backyards. I've been here as a new Planning Commissioner and I have seen people fight about homes coming into their community with one acre lots. I'm here talking about a warehouse, a warehouse adjacent to a neighborhood. Just because people of color live in there doesn't make it less an issue. I think that we have to look at the underneath issue and not be saying we're going the hire people -- people live here. People live here and they are having to live with all this industrial, all this smell, all this noise, all the other things that are in here, and now you want to put a warehouse or they want to put a warehouse adjacent to a neighborhood. And I think that there is a lot of double standards. I disapproved it on the Planning Commission along with dave sullivan and Mrs. Webb. We're against doing that because we had heard a previous case where a lady across a railroad tracks didn't even want to see a privacy fence from the other side and she only got to see it when she went up to her second stare. So they force add developer to put trees and shrubs so she wouldn't have to see that. But it's going to be okay to put a 10 foot privacy fence next to these people's homes? there's a lott of double standards and environmental injustices and that's what we're really talking about. Even though the East Austin overlay didn't touch this area it should have. The environmental justice report done for the City of Austin, the task force comes up, the main thing they talk about is zoning. How do we trigger zoning, how do we restore this neighborhood back to what it should be. [Buzzer sounds]. And that is get rid of these unwanted zoning. So I ask that you not to approve of the wlo and not to approve of the site plan. Thank you. [Applause].
>>Garcia: thank you. Councilmember Spelman.
>>Spelman: I would like to ask a question if I could. I understand your concern for zoning and I think you are also concerned about the uses actually on the ground. Could you point out what actual uses are in place in the area surrounding this tract?
>> right here is -- is multiple family, right adjacent to the tract. The next -- next to the -- evident of the tract is single family. That's next to it. And then after the multiple family there is a laundry service there that is commercial services, there's a red mark here. And they transport, they do more than just clean. It's a laundry service and they do use hazardous chemicals at this particular site. Across the street from it is the distribution center. I think it's something like Texas health distributors. Next to it, even though this land on boehm to the south of it, it's -- it's zoned commercial. What is really there is people parking their dump trucks. So it's sort of become a dump truck parking lot right there. But adjacent to the come r cove neighborhood association is John ton high school. Is Johnston high school. So this particular plot here is the only green space really left in the area. You would have to come all the way down this street to see govalle park, which really that's been one of the issues here. It's not really on the map as public, but it's here.
>>Spelman: okay.
>> That's one one of the problems that we notified is that the use doesn't match the zoning. But there is a park down there which govalle park is contaminated from the tank farm.
>>Spelman: that's that red spot to the west?
>> I would think it's a little further, next to these yellow houses because the tank farm is right up here. So it would have to be right as you cross over. Would be govalle park.
>>Spelman: what about that line of tracks up gardner north of in order ner from that intersection? -- north of gardner.
>> Just go west to the intersection of gardner and boehm. Go straight north. That line of yellow there. Is that multi-family apartments?
>> yeah, they are zoned multi-family. Comer cove is actually zoned mf 2, but the only thing that exists is housing and duplex. Howing and duplex, but it is zoned mf 2.
>>Spelman: so there are no houses on gardner?
>> on gardner there is just a duplex that faces, yeah, there is a duplex and across from that yellow strip you see there is a solid rock bapist church and it's actually four blocks long and next to the church is houses. It's all housing. All of that is housing. All adjacent to the come r cove is housing also. So to the -- the east of comer cove is zoned single family and to the west of comer cove is zoned single family and to the north of it is also single family. And then of course that vacant lot, which has been the green space.
>>Spelman: got you. Thank you very much.
>>Garcia: thank you. Mr. Gentlemen receiveine. And jeannie rangel. Welcome.
>> Councilmember, I live far from boehm street -- boehm road, but I am familiar with -- with -- because I have a warehouse in front of my house, which is abc, their entrance is faced my entrance. And I tell you, you don't know what a nuisance this guy -- in guy was talking about money and work and all that, these people don't live over there. I know what it is. Because sometimes these trucks come with material for the abc and they park in front of their veto and they leave the motor on whether it's summer or winter and it's a nuisances. Sometimes like my son when he has to take me to work, sometimes these trucks, 18-wheelers are parked there, sometimes it's hard. You don't know. It's a nuisance. Having a warehouse in front of your property because I have it. So I am against this man that come here and talk, that they bring money and this, they don't put up with the noise. And I want you to remember, we're citizens, we're taxpayers and we are voters. And we voted for you all so do something for us. [Applause].
>>Garcia: thank you very much. Ms. Herrera and following her jeannie rangel. Welcome. Dr. Herrera. You didn't put that.
>> I'm getting used to it. As has been mentioned, and we've been here before, my name is sylvia herrera, health coordinator. For the foes part when we come before you City Council members, we usually are here on cases of zoning to remedy a past injustice. And however, today what we're looking at is a case at 6108 comer cove is one where we can prevent a injustice to this community. To the East Austin community. And it's a injustice to the investment that the residents have made for the future generations, just like joe, just like myself, just like ms. Samaripa. Just like all the people who live in east skin, we made vepts for our children and families, just like my parents and others have done. We didn't buy it -- property in East Austin to profit from that property. We bought it to -- our investments were for our future generations. And we are not harming people. We are not harming our neighbors. What we are wanting is to have a buffer from already the industrial warehouses that are in this area. It was mentioned that there is only one way to get to this location. That's not necessarily true. What the residents are saying to us now, especially toward the Johnston area and other interests into that -- entrance into that particular neighborhood and it's off of further up toward 183 and it's I believe thurgoo good that loops around into the neighborhood and comes out through gardner into boehm road. They are complaining that trucks are coming across through that neighborhood already. Because the traffic backs up on 183 coming across up to the montopolis bridge. And that traffic is going to increase even more with the airport. So I know that time is money and I know that those trucks are cutting across through those neighborhoods already, and they are using that thur good intersection, cut across, avoid that traffic and go into either boehm road and cut across to airport, they are cutting across the neighborhood to come out on -- through jane lane around and coming out on airport and boehm road. So again, you know, these are all the concerns that the people and residents are want to go -- for you to address. Thank you.
>>Garcia: thank you, Dr. Herrera. [Applause]. Ms. Janey rangel. Mr. Bob foster. Mr. Robert donley.
>> Good evening, I'm a memo with the neighborhood association and the tank farm area neighborhood Council. When I hear warehouse, I see in my mind distribution centers. Distribution centers, traffic, increased traffic, which is something we don't need on boehm road. You say hours, any businessman in this audience tonight can tell you there is no such thing as 8 to 5 anymore. You know, so they can forget that. Bfi promised us 8 to 5 hours. You know what? they worked seven days a week from as early as 4:00 in the morning until midnight. The noise, the constant noise. When they tell you they only have one way out, they don't. Bfi only had one way out. Now they go out both ways. Why? because of the time limit that they have. And if they only have one way out, that's even more of a hazard. It frightens me, I'm fearing for anyway neighbors, for the people at Johnston. One way out, no telling what they have in that warehouse, in case of a fire, how are employees going to get out? they only are have one way out according to them. That really scares me. This thing about it's a good company, it's a good company, according to Mr. Ramirez, excuse me, wherever you are, Mr. Ramirez, it's such a good company, give him such a good break, now he has a thriving business, maybe you should hook up with ex Texas supply and find another location for them because we don't need them in this neighborhood. It's -- this is ridiculous. To have that much in a residential area, we don't need that anymore. The first gentleman, I forgot his name and I don't want to think about his name, he mention something about it's li and it fits well, it fits that neighborhood. Well, I don't think because if anybody wears a good pair of shoes, it's good for a certain time. After that it gets -- it starts getting kind of tight. You know, and East Austin, I mean it's busting at the seams. We can't take anymore. Stretch ut out a little further, take it elsewhere, we need breathing room. Give us a break. Don't allow this company to come in here. Councilmembers, you know what we've been through, I have family that goes to Johnston. I have a lot of family and friends this that neighborhood. I travel that neighborhood. Help us out. You know, I mean like you all don't live there, we do. Before you go to bed tonight you think what are my neighbors in East Austin doing tonight? we're out there putting up with all this noise, fearing for fires and rats and traffic and what have you. You know, it's time to put a stop. It has to stop somewhere. Somebody has to say no mas. Ya vastas. Thank you.
>>Garcia: thank you. Thank you. Following Mr. Bob foster is Mr. Robert donley and then Mr. Recall alvarez. Mr. Foster.
>> He's here.
>>Garcia: yeah.
>> I don't have your cart. So go out there and sign one up.
>> Got lost. [Laughter].
>>Garcia: if Mr. Donley waptsz to come up, we'll recognize Mr. Foster when he comes back up. Welcome.
>> Welcome, Mayor pro tem. I'm Robert donley, president of the east Town Lake citizens neighborhood association. And I'm also in favor of this zoning to go from li to sf, and because it's been pointed out by the residents who live there, 24 hours a day basis, and not just during the eight hours of daytime that they work, that those people that are in favor do not live there and their families and their children do not have to suffer the consequences of the -- of whatever comes because of the traffic and the noise that comes from this site. And also that if this company were to be located -- wherever anywhere else, they would still be -- this contractor would still be able to be working for them and with them and receiving the same benefits that he does now. It is not just at this site that he will have those benefits. But -- but by the same token, we should remember first that the people who live there, the children especially, because remember there is a high school there, and whatever anyone says, when you have 18-wheelers, there's definitely, all of you have seen what the -- these types of vehicles are capable of doing, and what the danger is with them whenever you have small children and any size children that live and work and go to school around those areas. And we must remember also that we have to begin to have respect for our minority community, especially the mexican-american community, because the Mayor speaks of respect, that we should have respect for him and the Council, but we should remember there is -- that respect is something you have to earn. And to this -- to this point, it has not been earned by this Council. So I would ask you to please earn the respect from the mexican-american community and work with them in allowing them the same thing that you would allow for your own family, what I've always asked of nothing more and nothing less. And I thank you for that consideration. Thank you very much.
>>Garcia: thank you, Mr. Donley. Following Mr. Raul alvarez is Mr. Paul hernandez and then ms. Diana. Welcome. [One moment please].
>> So those of you who are standing back there, if you could move towards the seat willing over here or make sure there is clear passage for people moving in that aisle.
>> Mr. Paul hernandez. Following him is ms. Her in a da. And the last speaker is Mr. Fernandez. Welcome.
>> Thank you. Mayor pro tem. Members of the Council, good evening. My name is Paul reman des. And Mr. Garcia, I hope to find you in good health. One of the things that I think we need to look at and I believe it's been mentioned before is the issue of environmental justice, the issue of social equity and the issue of racial justice. This whole issue is an issue about future development as well. While Austin or some parts of Austin are looking with great hoopla to smart growth, what East Austin is getting is dumb and dumber growth. And quite frankly, that is not what it's supposed to be. I think this Council needs to really, really look into its conscience and reflect, see what's been happening, what you've been doing. And especially what you've been doing to the people who believe in you, who believed in you over the years. I don't know what else to say other than I hope that you do the right thing. I have seen this Council do not the right thing. In fact, do just the opposite in several other zoning issues. So I hope that you will do the right thing and give the people a home. Give them single family units. Thank you. [Applause].
>>Garcia: thank you, Mr. Hernandez.
>> You're going to give your time to ms. Kathy vasquez, so kathy, you have six minutes.
>> I don't think I'll need it, Councilmember, Garcia. I hope you're feeling well. I know you are. I think you remember, Councilmember pro tem, the moratoriums that we had. It took two moratoriums and it was very difficult to handle those moratoriums in '96 and '97. Remember them and all the problems that it caused in East Austin. But it took two moratoriums and then the land use study to try to explain how this has happened. And I think that one of the most significant findings of the land use study was that it explained that to us. It explained that there are significant parcels of land in East Austin that do not match the use. You see, what happened after 1931 is that large parcels were blanketed with li, cs zoning and cs-1, which are basically your high commercial use districts, limited industrial and commercial services. And they were blanketed in anticipation of a growth in those kinds of uses, industrial and commercial use. And that didn't happen. As a matter of fact, it never warranted a consolidation of large pieces of land where you had housing on to go ahead and make room for more industrial development. So that allowed the incapability of use even in the same zoning district. So you have li that are houses and that are oil kmaens and recycling companies adjacent to each other. You have li uses that are intense adjacent to uses that are li, but it may be a coffee shop or a neighborhood restaurant, but it has li. So what has happened is that the people who have been at a disadvantage are the people who are unsuspecting as to what was happening, what was really happening. What was really happening that the land use decisions that were made after the 30's were made to encourage industrialsation that didn't always happen, but why was the zoning kept? why didn't somebody on the Planning Commission -- the city Council way back then say wait a minute, we have large pieces of land that are not being used for li and cs that's not being used for cs. They're houses, tracts of housesing. You remember we rezoned all the housing, about 40 houses next to balcones in the pedernales housing association that were li all that time and the people were paying li taxes on them and they didn't understand the difference. You can imagine a person who didn't have some of the advantages that you and I have had in life. Sitting there in a house in li zoning and wondering why is there recycling company moving next door, why is an oil company expanding? why is this business expanding if I'm a house, a residential use? because there's no understanding that they had the same zoning. And so the thing that really I guess hurt me a lot when I was on the Planning Commission was the zoning is there. They qualify. They can have that use. It matches their zoning. It never mattered to someone sitting upstairs and looking at a zoning map that maybe the zoning was there and the zoning was there for the next 10 properties, like on sixth street, but the other people weren't using the zoning to its full maximum potential in terms of industrialsation. They had a little house, they had a neighborhood restaurant, a neighborhood bar. So it didn't match. So the person, the people who had been at a disadvantage are the people who didn't understand zoning districts, people who still don't understand them and I think that thanks to people like susan in a and yourself and me a little bit, people are getting educated about that. So -- but this has been very convenient for that zoning to stay there. And I ask myself why. Well, so that if somebody wants to send another expansion or another industrial development that they don't want over here, the zoning is there. Thank you. [Applause].
>>Mayor Watson: thank you. Mr. Fernandez?
>> good evening Mayor, Council, Mayor Mayor pro tem. I am coordinator of the coalition of Mexican American neighborhood associations. And I also want to once again touch on the issue of equity and the issue of justice. Mayor, you're a lawyer. You understand fully the meaning of justice and also the meaning of injustice. So there is no reason why this Council should deliver a vote of injustice. This at -- it's very explicit here that the surrounding properties are single family. This Council ran on a platform, and I remember, I clearly remember, Mayor, you coming ourx I will especially power your neighborhood and I will share with my colleagues in the neighborhood associations. This sounds like a very exciting challenge. But as you have delivered notes votes, it has shown that when you were talking about empowering neighborhoods, it wasn't our neighborhoods. Mayor pro tem, you promised this area when you decided to support the airport moving to Bergstrom, that you would protect the people in this area. So let me remind you again that the effects of the airport are now coming to haunt us. This is an ideal, classic case of removing and erasing zoning that's incapable and that it's going to have a dire effect towards families that are being raised in this community. Once again, when Johnston was built, the vision of that planning was for housing. So we come once again to you with an opportunity to cure and erase injustices in land -- in land zoning in our community. This week or today this Council voted to buy property via the dawson neighborhood planning process. We don't need a neighborhood plan and we don't need an environmental justice committee or commission. We have the opportunity today to cure this and to protect the land use for the future of our children and the future of this City as one. Because we're not only east Austin residents, we're also Austin citizens. And while the smart growth initiative it moving very fast --. [Buzzer]. -- The results of that has been send minorities across the river today because the issue --.
>>Mayor Watson: Mr. Fernandez --.
>> The voting has been been in sync with what we want as a neighborhood. Thank you, Mayor. [Applause].
>>Mayor Watson: those are all the people that have signed up to speak on item no. 43. I'll entertain a motion to close the public hearing. Motion is made by the Mayor pro tem, seconded by Councilmember Griffith to close the public hearing. Hearing none, all those in favor say aye. Opposed say no. The motion carries with Councilmember Lewis off the dias. I'll entertain a motion with regard to item no. 43.
>>Garcia: Mayor, let me ask Alice Glasgow or somebody from development and review a question. The Council sent this back to the Planning Commission and to your department to do a capability study; is that correct?
>> well, actually, the reason you asked it to go back to the Planning Commission is because the citizens had indicated that the proposed use was incapable with the neighborhood and you asked that the Planning Commission take a second look at it, at the proposed development to look at whether it was capable to it see if they need todd look at other zoning districts that might lessen the incapability if they found it to be so. So that's what they looked at. They did direct staff to issue a zoning change to industrial zoning was I believe capable and thought that the office warehouse was a step below the industrial zoning and that's what they did.
>>Garcia: okay. What is included in the study to look at capability?
>> well, actually, Mayor pro tem, the land development code has a section on capability standards. The standards have to do with the design of a building in relationship to single family development, so those standards are already in the code. Now, if you are talking about a separate study that relates to an analysis of what is capable -- Mayor --.
>>Garcia: what they did is they went to the land development code and looked at this tract and applied the standards that are in the code and they determined that wlo was a better zoning category than li?
>> that's correct.
>>Garcia: okay. Thank you. That's all the questions I have.
>>Mayor Watson: additional questions or comments? I'm sorry, did you --.
>>Lewis: I have a question. Let me -- when this went to the Planning Commission, was there any substitute recommendation for this tract?
>> yes, there was. One of the substitute motions that did not pass due to lack of a quorum vote to make it pass was to zone it to multi-family 3. That was the first motion that failed. And then the subsequent motion passed to zone it office warehouse.
>>Lewis: all right. Thank you.
>> I would like to clarify a point, Councilmembers. The issue of notification is one that was brought to my attention and when we came to the Planning Commission, the 1984 covenant required that those who had signed the petition be notified. Obviously there are some who were notified that no longer owned the property. The notices went elsewhere, but our records do show that notification went out. Now, I do admit that sometimes notices may not draw attention and I've been working with Councilmember Goodman to look at how our notices -- what they look like and what they tell you. So I realize that sometimes we -- the concern about the notification occurs. According to our records, yes, it did. Now, the question is did the notice aarrive to the appropriate people. That's something we do not pursue and therefore it's hard to determine unless there is a certified documentation to track that. So the point that we have to agree to disagree that notices did go out, but in this case they did. I realize that some of the property owners may not be the same owners that owned property and therefore those notices went elsewhere, but I wanted to comment that we are working on the appearance of a notices so that they do grab people's attention when they get them and also have a statement for the non-english speaking citizens that there is a translation available for those who speak spanish. So that's something new that we've added to the notices where we let them know that if spanish translation is needed that it's available.
>>Mayor Watson: additional questions? Mayor pro tem?
>>Garcia: well, I was going to make a motion. There may be some other questions.
>>Mayor Watson: what's your motion?
>>Garcia: I'm going to handle both items separately. We can address each one. I'm going to -- on item 43 I'm going to move that we deny the request for a change to wlo and as I understand it, there's a valid petition, so if we were to approve it, we would have six votes in order to deny.
>>Mayor Watson: is there a second? seconded by Councilmember Lewis. Any discussion?
>>Spelman: a question, Mayor.
>>Mayor Watson: you had have question?
>>Spelman: I am calling the question. I have no interest in debate at this point. If this motion is approved and we deny the change, that means we're stuck with li; is that correct? so do you have a second motion in mind after this one?
>>Garcia: yes. That's one of the things that concerns me. And if we were to go to anything other than wlo, let's say that if we were to roll it back to sf-1, we have a valid petition against that from the owner that was registered today. The owner of the property. Well, let me see if I understand this. Who owns this property? [inaudible]. Who's the rightful -- the fee simple owner of this property?
>> the gentleman's name is michael gerten.
>>Garcia: because I understood that they had it under contract. Do you are you the fee simple owners? okay. So I have copy of a -- something that looks like a petition. It's Written in what appears to be a purchase order. It says I here by file a petition to oppose the down zoning of my property in the event my site plan is not approved and oenter is g and m Texas, inc., signed by michael w. Perkins, president. So if we were to down zone it to, let's say, sf-1 as an example, we have a valid petition on that. Now, if you want to make a substitute motion to mine, do that and we have six votes, we could override the valid petition.
>>Spelman: and if we don't have six votes, then your motion would be back on the table?
>>Garcia: thook. Spell okay. I would like to amend your motion then.
>>Mayor Watson: I'm going to accept it as a substitute motion. Spell pell if it fails then the original motion is on the table.
>>Mayor Watson: all right.
>>Spelman: a little background. At the -- at the planning commission, commission alonso made a motion to zone it as sf three. It died for lack a second. That was looked upon as not sufficiently intensive zoning that it would be basically a availability lot, tantamount to pulling it out of commission entirely. There was then a motion to zone it mf three. That got three votes and failed six to three. I'm going to edge it up a little bit higher and I'm going to make a substitute motion to rezone this property lr. Here's the background for that. We don't have a neighborhood plan in this neighborhood. That's one of the problems here is we're having to nickel and dime our way into a neighborhood plan. The closest thing we have to a neighborhood plan is this thing which I'm sure you all remember from hours and hours spent in neighborhood meetings long ago. The Austin plan. And the Austin plan for sector eight identifies this neighborhood north of bolm road and just west of that purple area which is marked li and zoned li as expanding neighborhoods area. This was intended as least by the people who created Austin plan to be a neighborhood area. It was not intended to be a commercial area or an industrial area. A small -- one of the things that is mentioned in the Austin plan as being capable with this -- compatible with this expanding neighborhood section is neighborhood retail. I think lr is a reasonable thing to do in an expanding neighborhood and I think that's why I'm making that motion.
>>Mayor Watson: is there a second on the substitute motion of zoning the property lr? seconded by Councilmember Griffith. Is there any discussion? Mayor pro tem and then Councilmember Goodman.
>>Garcia: thank you. Alice, can you kind of give us a list of things that can be done under lr? I think the planning commissioner may have that list.
>> Some of the uses are similar to the ones I read earlier on the previous case. And -- thank you. Some of the uses are administrative offices, arts and kraferts uses crafts uses, consumer convenience uses, consumer repair services, just general broad category. Financial services, like a bank, drive through bank or a regular bank without a drive through. Food sales if you were to zone it neighborhood commercial the lr would allow such things as a bank, would allow for a small grocery store. It would allow for general retail sales, off site accessory parking if one were to have that. Personal services, some of the uses you heard about the case on mesa drive.
>>Mayor Watson: hang on a second. Councilmember Goodman do you mind if we go to Councilmember Spelman first on that.
>>Spelman: just a quick comment and I'll yield the floor to Councilmember Goodman. You'll note by looking at the section of the neighborhood on that map, you've got --.
>>Garcia: can you put the map up?
>>Spelman: there's a lot of purple on that map. That's what we're arguing about. There's a lot of yellow on that map. There's a lot of residential area. There's only a little bit of retail or commercial at all. That's that red section right off of bolm road. And as is you mentioned a few minutes ago, those are commercial services. There's a large laundry and there's a vacant lot used for dump trucks, but there are no retail services anywhere close by that neighborhood, so that's something that's lacking in this part of town.
>>Mayor Watson: Councilmember Goodman?
>>Goodman: I don't know that I have anything good to contribute. I'm not sure this is the answer: tell me why this is a good idea.
>>Spelman: I was looking for some zone which would be a logical buffer between the industrial uses on the south side of bolm road and the multi-family uses just north of the tract in question. We've got single family along gardener, we've got multi-family just north of the tracts. If we put in more multi-family or if we zoned it multi-family, I don't believe anybody would develop there. I think we would have a vacant lot at least until we rezoned it. If we zoned it sf anything I am virtually certain that no one would put in single family houses across from an industrial area. On the other hand, I think if we zoned it lr, we could reasonably expect that somebody could put neighborhood retail and the uses that Alice has mentioned a couple of minutes ago that we could see some development there that would be good for the neighborhood and be a buffer between the industrial on the south side and the other.
>>Goodman: I understand why you're saying this as opposed to lo, which is obviously not anywhere around neither. And in fact is part of why the wlo conceivably would have fit there and that wlo does allow you more green space in between. But the lo, you don't think that would go anywhere either?
>>Spelman: the argument in favor of lr as opposed to lo, and I don't feel strongly one way or another, would be that my perception is there would be more of a market for retail in this neighborhood than there would be for office space. I may be wrong about that. But either way I think the neighborhood would be much better served with lo or lr than it would be with wlo and certainly than with a vacant lot.
>>Mayor Watson: Mayor pro tem?
>>Garcia: if we're going to go on lr, would we want to put any conditions on this? like hours of operation, lighting, fencing, those kinds of things that we talked about when we were talking about the mesa properties just a minute ago?
>>Spelman: that's a good idea. We don't have a proposal in front of us, so it's hard to know what restrictions would be appropriate.
>>Mayor Watson: miss Glasgow, could you please come up?
>> the standards currently for commercial development that has residential development within a distance of 540 feet away kicks in those standards and those standards speak to lighting, lighting has to be shielded away from the neighborhood. And we looked at those plans very closely, especially when you have single family development that abuts the property. It speaks to noise. The noise at the property line for mechanical equipment should not exceed vent decibels at the property line, so the masking of the building is addressed within those standards. It does not, however, address hours of operation. That is something that would have to go in a restrictive covenant. And then the property owner would would have to sign that covenant.
>>Slusher: under food sales would that allow drive throughs?
>> drive throughs would be a thing that would be a conditional use. A bank can have a drive through, so that's one use. It can have a drive through.
>>Slusher: I was thinking of a fast food drive through where you have the noise.
>> It would require conditional use permit, so there would be an ability of the Planning Commission.
>>Slusher: could we restrict that where that -- if we restrict it, then that would eliminate that even through the conditional use?
>> you can prohibit use through your conditional overlay. So you can identify uses that are objectionable to be prohibited through the conditional overlay.
>>Slusher: I would suggest that we prohibit -- Mayor pro tem, said we should do first reading. That's what I should suggest to the neighborhood is they may not want a fast food drive through because it's real close to the neighborhood and I think that would echo back through there. What kind of fencing or buffer would be required under the capability standards?
>> under capability is an option of having either a wall with hejs that go up to a height of six feet as long as it provides screening, so that's the options. A privacy wooden fence, a wall or shrubs that go to a height at maturity they're at a six-foot height level. And they have to be the -- the capability standards require that there be no development within 25 feet of the adjoining single family development, so the first 25 feet would be un -- well, cannot have buildings or driveways. And then the stairstepped back to a dress height height. So within 50 feet, the height of the building is limited. So that's how the capabilities are addressed. Councilmember, you asked about driveways. One were to address all drive throughs is to prohibit all drif through for the conditional overlay.
>>Slusher: okay. We can think about that between the reading.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: let me ask you, in the backup it shows the number one, two, three, four, five and seven I guess and -- well, I guess all of them, one through seven, are those all zoned li?
>> which map are you reading?
>>Lewis: the backup here on --.
>> Is that the petition backup map? okay. That has been changed. We have a different color backups. Lewis haus that one you have in your hand.
>>Lewis: I'm just trying to -- is all of that zoned li? because the lines are the same way as the subject tract.
>> The area to item no. 10, You have -- I'll hold up my map to show you where the li is. There's li over here. This is zoned multi-family two. There's li down here that is cs and I think this must be a different one.
>>Lewis: see, I was talking about the one here that -- and it may have changed.
>> The same map.
>>Lewis: but it showed these lots in there.
>> Those are multi-family 2.
>>Lewis: okay.
>> Multi-family 2.
>>Lewis: those are multi-family 2?
>>Mayor Watson: everybody try to hold it down, please.
>>Lewis: that was my question. I was just wondering because I was going to ask that those be looked at.
>> Okay.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: that's all I have.
>>Spelman: would it be appropriate, Mayor, to make a friendly amendment to my own substitute motion?
>>Mayor Watson: give it a shot. You need a maker on the second.
>>Lewis: we need to make an agreement.
>>Spelman: I agree with myself most of the time. Our staff person reminds me that there is a zoning category called lr-mu, mixed use, which would allow for lr uses of the kind we've been discussing and also for residential uses and any developer who felt that it was appropriate to put residential property in this area, I certainly would not in any way want to discourage it from that. So I would like to change from lr to lr-mu?
>>Mayor Watson: Councilmember Griffith, you made the second. Would you consider that friendly?
>>Griffith: yes, sir.
>>Mayor Watson: okay. On first reading? the motion has been made and seconded that it's a substitute motion. If this motion fails, and -- let me make sure I'm clear. This would have to pass by six votes for it to pass.
>> That's correct.
>>Mayor Watson: then if this motion fails, we would go back to the Mayor pro tem's original motion, which is to deny the request for a change to wlo. Is there any further discussion? Mayor pro tem?
>>Garcia: one of the things that I'm going to ask the people that are impacted by this decision is to look at what items need to be on a conditional overlay since it regards prohibited uses for second and third reading.
>>Mayor Watson: okay. Any additional discussion? hearing none, all those in favor say aye. Opposed say no. The motion passes on a vote of seven to zero. [Applause]. Okay. Mayor pro tem, I'm going to recognize you on item no. 59. You you feel there's know need to do that since we separated it out and we only voted on 43.
>>Garcia: I would like to move that we postpone this item until we have a resolution -- this is a request by them to approve a site plan and this site plan cannot be done in an lr-mu, so I'm going to --.
>>Mayor Watson: the motion is to postpone item 59 until such time as there's a final determination on the item that is covered in item no. 43. Is there a second? seconded by Councilmember Spelman. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries. Thank y'all very much for being with us tonight. That takes care of item no. 59 Also. That will take us to item no. 48, Item no. 48 Is a public hearing on the proposed 1998-1999 tax revenue increase. Folks, if I can get everybody to be quiet, we can move quicker and just so that you will know, -- I'll tell you what, before I do that, before we go to item no. 48, Let me give a little background. We have four public hearings that are scheduled. One is on the proposed tax revenue increase, one is on the prosecute operating budget. Just so that you will be aware of the situation on that, 131 people have signed up to speak on that. Item no. 50 Is a public hearing on an appeal that was set for a time certain. We probably ought to take it up and make is decision on whether or not there's going to be a postponement on that right now so people can go home. And item no. 51 Has 178 people signed up to speak. I'm going to come back to how I think we ought to handle that in just a moment. And my current plans are for me to maintain some dignity and not beg. So help me out on that. I'll come back to that. Let's go to item no. 50 First. Council, we talked about this a little bit earlier. Item no. 50 Is appeal, would be a public hearing on an appeal by Mr. Joe quintrero to approve a conditional use permit for the Arnold oil company. As we discussed, there has been a request for a postponement by the apple lee. The request is based upon the need to get additional information questions that have come from a member or members of the Council. It is a situation where there have been two previous postponements allowed the apell lant. One at the Planning Commission level and one at the City Council level. Our policy with regard to zoning matters, although this is an appeal of a planning commission determination, our policy with regard to zoning matters is that parties are entitled to one postponement as a matter of course. I'll entertain -- if there is an inclination on the part of the Council to go ahead and postpone item no. 50 For one week, now would be an appropriate time to entertain a motion. Mayor pro tem?
>>Garcia: I'm going to move that we postpone this for a week. I was the one who asked some of the questions and they had to do specifically with item no. 4 Of a nine conditional use permit items. It regards how many 18-wheelers are going to go in there and how those are going to be managed in a street that is eight feet narrower than it needs to be a commercial collector. East sixth street is an old street, it's a commercial collector, but it is narrower than what we prescribe for commercial collectors, so we need to be able to answer those questions and I don't have good answers to those questions at this time and I asked the applicant to provide me with that information and therefore I'm moving that we postpone this for one week and do it at that time.
>>Mayor Watson: motion has been made by the Mayor pro tem, secked by Councilmember Slusher to postpone item no. 50 For one week. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries on a vote of seven to zero.
>>Garcia: that was for 50 and 58?
>>Mayor Watson: yes, of course. -- 50 And 53.
>>Mayor Watson: that will take us to item no. 48. Is the City Manager or a representative available to talk about the tax revenue? great. Welcome, sir.
>> Excuse me. I have a cold. Item no. 48 Is a public hearing on the proposed tax revenue increase. The proposed budget actually proposes to decrease the tax rate from 54 cents to 51.4 cents. And I would point out that item 52 is also related to this. This is a conclusion of the hearing as necessary for the Council to set a time and a date to vote on the tax rate and that proposed time and rate is on september 14th.
>>Mayor Watson: fine. Ip just want to make sure that we're clear because there has been some confusion. There is a state law that requires that if there is any -- if the City is going to use any revenue in a year greater than the revenue they used the previous year, you have to conduct a public hearing on that matter; is that right?
>> that is correct. It is a new state law and we will be operating under that for the first time this year.
>>Mayor Watson: and that's true -- and you're also required to publish notice in the newspaper that says you're voting to utilize revenue that's greater than you had the previous year.
>> That is correct. And the source of the new revenue, the additional revenue over last year is new property in the City of Austin that has never been taxed before. That is coming partially through the annexation that was done this year and also through the new construction property that was not on the tax roll in the previous tax year.
>>Mayor Watson: and the City is required or the jurisdiction of the City is required to conduct the public hearing such as we're conducting here tonight published that we're intending to utilize in 1998-'99 tax revenue greater than we used in 97-98 even if we're not going to increase the tax rate on people?
>> that is correct. And in fact, in the proposed budget, the tax rate is proposed to decrease from 54.01 cents to 51.42 cents. I would also point out that Austin has the lowest tax rate of any of the major Texas cities and in canvassing those cities to see what their proposed rates will be, Austin's proposed tax rate will be even lower than the other major Texas cities if they adopt the rates they have proposed.
>>Slusher: Mayor? do you know what travis county's proposed tax rate is this year?
>> no, I do not. I believe that they are making a decision on that at this time in terms of what they're going to set as the maximum tax rate.
>>Slusher: okay.
>>Mayor Watson: let me make sure I understand how the tax rate would work. If we, the tax rate that is being recommended in the City manager's budget is a tax rate as you've said is actually lower than the tax rate that is currently being utilized by the City of Austin?
>> yes, sir.
>>Mayor Watson: and the tax rate that we are -- that was being recommended was a tax rate that is sometimes referred to as the effective tax rate; is that correct?
>> that's correct.
>>Mayor Watson: and what that means is that if there were no other changes, such as you've mentioned new buildings for the annexation of additional properties, if we used that effective rate because of the increase in valuations in our community, we would be receiving precisely the same amount of money as we would have in the previous year?
>> that is correct.
>>Mayor Watson: so what that means is an Austinite who had the average increase in their property valuation will experience no increase in their taxes?
>> the property that was on the roll last year went up by an average of about four and a half percent. If an individual property owner's property went up by that amount or less, they will either see the same tax Bill or they will see a lower tax bill than they paid last year.
>>Mayor Watson: and if their properties went up at a value higher than the average increase in property valuation, they will experience an increase?
>> that's correct.
>>Mayor Watson: Council, no one has signed up to speak on item no. 48. I would entertain, unless somebody else has questions of Mr. Curry, I would entertain a motion to close the public hearing. Motion has been made by the Mayor pro tem, seconded by Councilmember Griffith to close the public hearing on item no. 48. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries with Councilmembers Goodman and Spelman off the dias. That takes us to item no. 52.
>> Mayor, with respect to that item, I would suggest that rather than at 1:30 to give you the maximum amount of time is we reschedule that meeting to begin at nine in the morning on Monday the 14th.
>>Mayor Watson: all right. Is there a motion with regard to item no. 52? Councilmember Lewis?
>>Lewis: I move approval, Mayor.
>>Mayor Watson: the motion is to approve a resolution calling a meeting on september 14th at 9:00 o'clock and --. [Inaudible]. I'm sorry. I'm glad you caught that.
>>Garcia: the 9:00 o'clock is just for that one day. [Inaudible]. What are you trying to do to us?
>> you have to -- in the event that you do --.
>>Garcia: the history of the budget is that long discussions are held in the first day and first reading. We try to work those things out the second and third are shorter meetings.
>> Absolutely. [Laughter].
>>Mayor Watson: it's been a long day. All right. The motion, as I understand it, is to approve resolution calling a meeting on september 14th1998 at 9:00 o'clock a.m. And at 1:30 p.m. On september 15th and 16th if necessary to vote on the proposed tax rate. Is there a second? seconded by Councilmember Griffith. I'll recognize Councilmember Lewis for a comment.
>>Lewis:. [Inaudible]. Are you saying that we would receive money in excess for 98-99 than we did in 97-98, even though we decreased the tax rate?
>> the City will receive more money as a result of there being property on the roll for next year that was not on the roll previously both as a result of annexation and as a result of property that has been constructed since last year.
>>Lewis: have we did any analysis on the difference in the cost of operation and maintenance on facilities for the properties that came on the tax roll between that and what the price was in 97-98?
>> the reason that the state -- the concept of the state law in setting the effective tax rate is basically to assume that for the property that it was on the roll last year, it should cost you no more to serve it this year than it did last year, but for new property that you have never served before, the reason that that is not included in calculating your effective rate is to assume that there is a cost of serving that property. For example, when the City went through the annexation process, we talked about the cost of serving those areas. This budget clus a contribution of around nine million -- includes a contribution of around nine million dollars to buildings for fire and e.m.s. Stations in those new areas. That is about the same amount of property tax that we will receive from the areas that we annexed.
>>Lewis: well, the reason I ask the question is that in some areas we was behind. We had a deficit in the things that we could do last year. And from what I've received in my office, we have a deficit in what we can do this year with the requests that we have. So my question is that if we're going to receive more money in 98-99 than we did in 97-98, and if we did -- if we didn't drop the effective tax rate as low, we would receive even more money, so we'd be able to do some of the backlog that we accumulated over time rather than just meeting the basic operations of the new additional properties that have came on.
>> That's correct. The Council has the option of leveeing a tax rate has higher than the effective rate.
>>Lewis: thank you.
>>Slusher: Mayor, I'll second Councilmember Lewis's motion.
>>Mayor Watson: there's a second already.
>>Slusher: I was a little behind there. I have a friendly amendment. There's a border Council meeting that some of us want to go to in san antonio on the 16th in the late afternoon. And I would suggest that we make that meeting on the 16th at 9:00 o'clock and in the hopes that we won't have to have that meeting, we'll pass it on the first reading, maybe second reading, not have to have that. Maybe having it at nine a.m. The third day, maybe it will act as an incentive for us not to have to have a third reading.
>>Mayor Watson: let's do it at seven a.m.. [Laughter]. Would you consider nine a.m. To be a friendly amendment?
>>Lewis: fine.
>>Mayor Watson: Councilmember Lewis Councilmember Griffith, a friendly amendment?
>>Griffith: would anybody like to compromise at 9:30?
>>Slusher: sure, that's reasonable. Mayor is that friendly?
>>Slusher: you're not planning to going to that meeting, are you?
>>Mayor Watson: september 16th, 9 rvment 30. Any further discussion? hearing none, all those in favor say aye. Opposed say no. Motion carries with the Mayor pro tem, Councilmember Goodman and Councilmember Spelman off the dias. All right. That takes us to item 49 with over 100 folks and items 34 and 51 with over 100 folks. Let me tell you how we're going to proceed, unless you rush me like the beaches of normandy. Here's what we're going to do. I'm going to call to order the hearing on item no. 49. We are going to go until 9:00 o'clock. At 9:00 o'clock we will recess the hearing on item no. 49 And I will call the hearing on item 51 and 34, which we will go for 30 minutes and I will recess that hearing. In the past when we've had numerous people signed up and had hearings, that has been a process that has worked well. So unless I just have at least -- we thought it did. Unless I vus have some real dissent, that's the way we're going to proceed on that. What I then am going to I am implore you is whether you voted for us or not, whether you think we got any sense or not, trust me when I say, if we hear it once, we probably can get it. So if all you're doing is saying, for example, I'm for funding of this project, you say that, and then you happen to be one of the next 10 people that were going to say the same thing, unless you just feel like you've got something that is so unique that no one else could say it the way you say it or with the passion that you pose, I ask you to just say I am in favor of that. I have gone through the cards on item no. 34 And 51. And there are with like three exceptions, everybody is for it with three exceptions where somebody has said no and then there are some cards where nobody said one way or the other. I'll bet we can get some consensus. So just say you're for it. If you can. Unless it's just real unique. All right. With that we're going to go to item no. 49 And we will do this until 9:00 o'clock. I'll call to order the public hearing on the 1998-99 operating budget covering employee compensation, parks, libraries and convention and visitors bureau and I'll recognize Mr. Neal kourecek. I will call Mr. Greg sporer to go to the other podium if you intend to speak and then ms. Mendoza will follow at the podium currently oipd by Mr. Kocurek.
>> I'm here to speak on two issues under the budget. The first is the Austin history center and the second is the Austin convention and visitor bureau. The staff recommended a cut in that budget, but has since in the Austin history budget, but has since restored it. We're very appreciative of that, but we think it's very important that you hear from us the importance of the Austin history center. We know you understand that, but Texass are very proud of Texas. Austin is the crown jewel of Texas. We're proud of Texas because we're proud of its heritage. It has a lot to do with our pride in our state. Austin has a great heritage as well. The Austin history center is the guardian of that heritage. It's very important that we make it accessible on a continuing basis, that we not shot en the hours, that we not shorten the access to it. In today's society we need to be in touch with our heritage. The second issue, the convention and visitors bureau. That is an en tote that brings visitors to our City. It brings a tax base to our city. If we reduce the size of the budget for the convention and visitors burr roadway, we reduce the amount of taxes that come into our community. It's very important that we sustain that. I know there is some competition for those funds. I know they're worthwhile causes, but I think it's imperative that we sustain all of the funding for the convention and visitors bureau. We have quite a bit left to work with than any of our competitors do. It's very important that we maintain that funding. Thank you very much.
>>Mayor Watson: thank you very much. Greg sporer?
>> I am a volunteer at the wind certify village branch at the Austin public library. I am here tonight to discuss the City staff's proposed cut to the libraries youth services department. Three full time positions and one part-time position would be cut for a total savings of $120,000. The staff proposal is to reorganize youth services so that programs, story hours, puppet shows, et cetera, are delivered more efficiently, there by eliminating the need for the staff position. Interesting, the City manager's own performance review of apl did not find youth services to be infirbted. In its 14 specific suggestions to improve library efficiency, the report did not recommend any cuts in youth services. The report did not suggest cuts because none are needed. Fully staffed youth services department would have the equivalent of 19 full-time employees to provide quality service to all the children of Austin, every one of those 19 employees is needed. The proposal to reorganize youth services will not boost efficiency enough to make up for the positions that would be lost. Now, I realize that striving for efficiency is important, but in this case it is a bit misguided. The proposal focuses on delivery of programs. At the branch where I volunteer, the youth services librarian does much more than programs. Like so many youth services employees, he becomes a mentor to the children who use the library. He realizes that his job is not just about the efficient delivery of story hours and puppet shows. More than any other library position, the job is about helping library patrons learn. The real value of the youth services librarians is that they can reach out to Austin's youngest learners to teach them how to use a library, how to do internet searches effectively and how to do homework research. It is a hands on job that requires a continuous presence. Unfortunately, due to budget limitations, not every branch library has its own youth services librarian. Right now six of the 19 branches have to share. Meaning that the youth services librarian is available only 20 hours a week. This is especially unfortunate since the job requires an in-depth understanding on a specific -- of the specific needs of the children who are served by our branch. With less time to concentrate on specific branch, some youth services lie brairians, do not get the chance to provide the level of service that all of Austin's children deserve. If you don't hear anything else I say tonight, hear the next sentence and carry it to the staff. Our goal should be one full-services youth services librarian per location. The proposed cut moves us in the direction opposite of that goal. Thank you for your attention.
>>Mayor Watson: thank you, sir. [Applause]. Is ms. Lily here?
>> good evening, Mayor, Mayor pro tem, members of the City Council, on behalf. Austin history center association, thank you for restoring the budget for the Austin history center. I agree with the other speaker and most of the people that are here supporting the Austin history center are members of the association and supporters. The center is a very unique facility that houses the history of Austin and travis county, but we have much to do still. We would like to request that you consider adding the Austin history center and additional funding and be included in the three to five-year plan that the recommendations from the operating task force submitted to the library and the library staff. Currently other than full restoration of our budget, there is no recommendation for an increase this year. We ask that you give serious consideration to additional funding and that we be included in the three to five-year plan. We in the association support the mission of the center and that's of collecting, preserving and documenting the history of this great City. We need your help. We would like to have that additional funding starting with this year. Thank you very much. We appreciate your time.
>>Mayor Watson: thank you. Ms. Lily followed by steven jacobs.
>> Good afternoon. I'm here to speak to you also on behalf of the Austin history center association. I would like to thank all the city Councilmembers and the City Manager for meeting with members of the association's board of directors and addressing our concerns over the budget of the Austin history center. During the budget process this year, you have learned or been reminded of how much the Austin history center means to the citizens of Austin. As you go forward with the budget process, I hope that you will keep in mind that the supporters of the center are appreciative of the City of Austin's financial support of the history center, but it's also important that we recognize that the holdings of the center are not really funded by the City, rather most of the holdings have been donated by Austin families, businesses, churches, sirveg organizations and neighborhood groups. Additionally some of the most significant features of the nationally recognized facility, such as the temperature and humidity controlled vaults and the in-house photography laboratory were built with funds raised by the citizens support group. In fact, that group has raised approximately 4.3 million dollars in support of the Austin history center over the years and additionally more than 50,000 hours of volunteer work has been provided to the center by citizens over the past 20 years. So the citizens of Austin have personally invested very significant contributions in their personal time, their money and their archives which they hold very dear. It is with that in mind that the association and other supporters of the Austin history center are urging you to add to the City Manager's proposed budget for the Austin history center a three to five-year phase in of an additional 217,000 dollars to the center's budget for this coming year in accordance with the Austin public's library's funding. That has been targeted to address the very urgent problem of a current backlog of material. It is estimated that it would take one full time employee 35 years to preserve and calculate log the current backlog without additional funding that backlog will continue to grow unmanaged. Additionally the increased funding is targeted to further disinterest community out reach to bring in materials documenting the local african-american, mexican american and local business communities. Areas which are currently lacking in the collection. These are very real needs and the citizens urge you to protect the investments that this community has made in preserving the heritage of our community for future generations. Thank you very much.
>>Mayor Watson:.
>> There are six of us signed up to speak. With your permission we will do it in three minutes if you don't mind.
>>Mayor Watson: you have my permission. The Mayor pro tem says not only permission, but blessing.
>> I am the mother of a two-year-old and I live on al ta vis ta. We appreciate this opportunity to speak tonight and thank all of you, especially the City manager and the parks director for your efforts to keep the pools open. We have been enjoying very much the cool waters in these pools over the last two weeks. In fact, we have been told by a lifeguard that the use of little stacy pool is even heavier now than before. In recognition of your support of the pool, we would like to award you the too hot for tots pools rescue commemorative beach balls. We're here tonight to urge you you to budget the funds necessary to keep the pools open again next year. We urge that you plan now so as to avoid another emergency situation next year. We're only the latest group of parents who year after year have gone before the parks board or the Council to keep the pools open. It makes no sense that this pool and others like it around the City are closed down during the hottest part of the summer. We, of course, are willing to work with you in the parks department to plan the appropriate use of these additional funds. I would like now for you to hear from some of the other parents from around the City who also use these pools and I have a letter from the hyde park neighborhood association supporting this and rather than need read it, I will simply give you a copy of this.
>>Mayor Watson: thank you.
>> Good evening. I just wanted to share why I think it's a good idea to fund the pools to say open next year as long as they did this year. First, little stacy wading pool is a safe, secure and appropriate pool for preschoolers. Second, for parents who cannot swim, such as myself, but want to be able to rescue their child in a time of emergency, the wading pool is a good option. And third, the wading pool is heavily used by babies and toddlers who do not go to school, so having the pool open until october provides families with preschoolers a place to go to cool off. So please, plan ahead to keep the pool open for the same amount of time as next year. Thank you for user time and your patience.
>>Mayor Watson: thank you.
>> I have a 10 month old daughter who was here for a couple of hours, but had to leave. Our biggest point of gratitude for having the pools open is that our house is without air conditioning, so the cool waters at little stacy and not to mention the is it shade, are quite welcome, especially around four p.m. When the heat has really taken its toll on us and we actively pursue heat relief. We hit the libraries and, of course, the h.e.b., but there is nothing like total body I am mertion for a to the bone kmil on a hot afternoon. Swimming in little stacy is without a doubt a great recreation, but for us since we only have a bicycle during the day, it is about more than recreation, it is about surviving the heat of a Texas summer. Not just this summer of record temperatures, but all Texas summers. Thanks.
>>Mayor Watson: thank you. Please go ahead.
>> Hi, I live in east Austin -- sorry. (Baby crying) we live in little stacy and I'll be honest, having a toddler and an infant makes it impossible to us to use larger pools. It makes it important to keep the wading pools open until the end of october. Or independent of september, whichever one you can do. And next year we may have more. [Laughter].
>>Mayor Watson: bless your heart. Thank y'all. Just so you will know, in the City Manager's new recommendation, this is in there so that the pools will not -- will be open for at least the length of time that they were this year. So thank y'all for being here. [Applause]. It's good to see people acting like children in this chambers that have a real reason to act like children. [Laughter].
>> But I didn't get a beach ball.
>>Mayor Watson: the City manager didn't get a beach ball. And I also appreciate for those who didn't get my first message about not just being repetitive, a weapon. [Laughter]. Mr. Harris?
>> my name is chip harris. Mayor, Councilmembers, this is the year of the library and indeed we are thankful for the additional funding for the book collection, electronic access, reference services, circulation staff and maintenance and security personnel. In addition, the library commission has recommended a few minor items that we think would really enhance public service and provide some ee qa if I in the library system. Four libraries have to close their doors in the middle of peak usage on saturday afternoon and we think extending their closing to 5:00 p.m. Like all of the City owned facilities would be fair and beneficial. Providing sunday hours at oak hill and spicewood springs to allow our two busiest branches to be utilizedded and extending the tutoring program from two mnts to 10 months would provide continuity in our children's lives, but even with all that, the one thing the budget will be remembered for is gutting of our cherished children's programs. Over the last decade, we have made a commitment to the children in our community. We have worked toward funding one full time position at each library and we are very close to accomplishing that goal. We're adding two million dollars to the library's budget. Dismembering our youth programs, cutting four positions to save a pal try 127 thousand dollars. This is especially barsing. When asked how the reorganized youth program would be administered, the commission was told that a 12 member task force had been assembled, but wouldn't have any recommendation until october 1st. If these cuts are approved, the Council won't have the slightest idea what they're voting for. Although I can tell you right now that if these cuts are not restored, we can say good-bye to the limited out reach we now have. -- There is a direct relationship between our youth services budget and our out reach program. These unjustified cuts will be felt most of the in east Austin where transportation limits access. It's great to have more funding for best sellers, but I cannot support that enhancement at the cost of our children's future. The City has preserved our past by reinstating the proposed cuts to the history center and now is time to protect our future by restoring the cuts in our children's programming. Thank you.
>>Lewis: let me ask you a question, sir.
>>Mayor Watson: Councilmember Lewis?
>>Lewis: talking about cutting the four full-time employees at the libraries. You said four. And I understand that we are adding security -- okay. Wait a minute. Don't. What would you -- how would you -- as a commission, how would you reprogram that?
>> in the commission's discussion we talked about funding part of the computer purchases rather from the operating budget to fund them through cape funds and not reinstate the funding for the children's program. We didn't address offering up the security positions for the programming.
>>Lewis: okay. All right. Thank you.
>>Mayor Watson: karen forrey? this isn't directed to you, but I want everybody to notice that so far there hasn't been a single person just say they were for something. You are followed by ms. Lands and Mr. Timber lay.
>> I am for the two million dollar increase in the library. I didn't find out about this until Monday. And I was -- you know, it really reads very, very simple in the budget. It talks about five sectors. They're going to do the youth programming as hubs and then they will be locating out. And it says the last line says all locations will continue to provide the children's book collection, readers advisory and information assisting, plus a weekly story time and a summer reading program. My understanding is that this last summer we were the fourth -- the four positions short and they had to find some way to continue funding. I guess what I would like to know -- I talked to someone on Monday morning and talked to her about what the actual cuts are going to do and what she told me is that the task force had looked at it and estimated there would be a cut of 800 programs in the Citywide and that that would affect 20,000 in attendance. There would bd be a reduction in 20,000 in attendance. At this time when we're looking at skoolgs and trying to get our test scores up -- I'm sorry, I don't like microphones. We were looking at getting our test scores up and we're looking at gang related stuff and trying to find alternate positive things for these people, what these guys said about the -- what the youth libraryians do, they're not just there telling stories. I have seen the youth librarian and the branch manager get together and they did a mini museum and they had archaeological digs with the kids. This is hands on. This is learning. This is the best you can get. And as opposed to cutting these 3.75 positions, I do recommend that we go ahead and find ways to do it so that you can a full-time youth librarian who can be there, who can know the kids, who can get to where they know what the kids are needing, when what's lacking in the youth collections. They're the ones that help to put the youth collection together. Branch managers don't have time to do all of that. They are so busy managing a site, they can't possibly go everywhere. And if you make the youth librarian spread themselves even thinner, it's the children that are going to feel it and the parents who love to use the library they're the ones that are going to feel it. Thanks.
>>Mayor Watson: thank you. Carol lamb?
>> if you will make your way over to this other microphone if you're going to speak. I know, eye know. Luck of the draw.
>> My name is carol lamb and I'm a parent and a certified teacher here in the Austin area and I'm here to speak and sing against the proposed cuts for the youth programs in the libraries. She's going to join me. Some of you may know the tune of this. The King ton trio sang this back in the '60s.
(Music)
(Music)
now, let me tell you a story about an Austin public library on this budget hearing day. Someone wants to take away money from youth programs, unless we stand up and say no way. Do they have to return, yes, we have the returns? reaching children in many ways. Inviting them in and then telling them stories, they're programs have returns. Story tellers come to Austin public libraries every week on thursday. They keep children happy and out of trouble, making citizens everyday.
(Music)
do they have to returns, yes, they have the returns? reaching children in many ways. Inviting them in and telling them stories, their programs do get returns.
(Music)
. Now, you citizens of Austin, don't you think it's a scandal to reduce these programs this way? by the cut in the budget, say yes to the youth, keep the people saying oooh ray. Do they have the return, yes, they have the returns. Reaching children in many ways. Inviting them in and telling them stories, the programs do have returns.
(Music)
(Music)
. [Applause].
>> Mayor, Council and Mayor pro tem, City Manager, attorney and staff, I welcome you all. I want to come to you tonight to talk to you about the history center. The history center is a wonderful place in Austin. I've been around to a lot of places and gone to a lot of history centers and this is one of the most unique ones I've been to. I love going there and I love inviting people to Austin and get them to go to the history center to see what the history of Austin is. There's a lot of history in the City of Austin. I've been here for 68 years and I know of a lot of it myself and if I can find somebody on the corner to talk to me, I tell them something about it too. But anyway, I'm asking you to keep the budget and also to add additional budget to the history center and even though the history center is a small building, maybe one of these days you will have enough budget to build a brand new one and build a larger one for us because there's plenty of history in the City and we're going to need a larger place to put it all. I sat here tonight for four hours and prime proud to sit here to come up here to ask you to do something for the history center and as a member of the association, I urge you to please budget in the next few years for us more budget. Thank you.
>>Mayor Watson: thank you. Fred submits followed by bobby barker?
>> I'm going to switch gears here for a moment from beach balls and histories to just comment to the convention and visitors bureau budget. As the owner of a downtown ri tailness that attributes a substantial portion of its success to tourism, visitation and purchases, about 70 verse of our sales in dollars are to folks visiting from out of town, I cannot underscore strongly enough the importance of keeping our convention and tourism development program tightly focused, well funded and on its present very successful track. Tourism continues to be a very economic growth opportunity for the entire Austin area and is particularly important to downtown revitalization. As a businessman, I've got to say that the ability to generate about three million dollars in directly measurable hotel room night bookings off of a 2.5 million dollar bed tax budget is an extremely I am press sieve return on investment. And that doesn't even begin to factor in the associated ripple effect of tourism spending while visitors are here, about is r. 1.4 Billion dollars in 1997 that results from a single focus tourism campaign. Austin already has one of the lowest operating budgets from bed tax funding of any major Texas City and compared to many other symptom or even smaller size cities in the nation, yet we're managing to par lay that into supporting the visitation of about 16 million people annually. I encourage Council to resist pleas and temperaturetations to did he lieutenant this budget to fund other diferts that have little are no bearing on the real business of professional tourism develop: twice today alone you have been or will be asked to divert acbv funds. Earlier it was on underwrite the Austin music network in a manner that would neither provide that entity with the ultimate commercial salvation it so desperately needs, nor in a way that would spread tourism dollars around the economy through visitor spending because people would be expected to stay in their rooms and watch tv. That makes no sense. Tonight it's my understanding that you're likely to hear from various representatives of demographically segmented business groups about other ways to reduce our bang for the dollar. People don't visit Austin, nor more other places because of ethic makeup or local population. They visit because of good weather, interesting places to see and fun things to do. They don't care what the demographic makeup of the area is. Make no mistake about it. I'm keenly interested in both the survival of a television channel to support our local entertainment scene as well as programs to help further Austin's continued multi cultural diversification. However, from a business standpoint, I can't find the relevance are value of underwriting such activities with attempts to take limited dollars from proven successful tourism development programs. Thanks.
>>Mayor Watson: thank you. Bobby barker followed by ms. Peronal?
>> I will be very brief. In light of your request. I'm here as the volunteer chair for the downtown Austin alliance. What I wanted to visit with you about is to first thank the parks department for the focus and tremendous work that they have recently done with our downtown pocket parks. Republic square, for example, the grass is now green, the trees have been trimmed and there is a fountain that is working, so I urge you to walk up there and enjoy the benefit of the effort that some attention can produce.
>>Mayor Watson: it needs mowed, but you're right about everything else. I noticed that today.
>> Well, I wasn't going to bring that up. But I did want to say that because of that reason that we are seeing the fruit of that kind of attention that the Downtown Austin Alliance fully supports the parks department request for a downtown crew that can do what both leon, barbara and ruben, some of our staff have been able to do with the republic parks. And so I urge for the continued support for that downtown crew as well as the funds that you have in the budget for attention to the parks. I also want to go ahead and ditto what fred commented on regarding the Austin convention and visitors bureau funding. I would urge you to keep the 1.5 cent allocation whole for the acvb. Thank you very much.
>>Mayor Watson: thank you. Before people start writing and calling and e mailing, probably the reason it's not mowed is because we've been having ozone action days. I know that. Before you call me, I know. It was a joke. Ms. Canales.
>> Mayor, Mayor pro tem and Councilmembers, I'm sorry I cannot compete with the beach balls and the singing, but I too represent the youth. This is my daughter. I come to you as a concerned parent, but also as a former school teacher of the east side. Please reconsider your two proposals that will directly affect our Austin public libraries, our youth programs. And those proposals being the four -- the emmitt nation of the four librarian positions and the sectoring of youth programs. And bisectering, what I understand is that the smaller libraries will reduce story times and the special services that they provide for our youth at the libraries. And that larger libraries will continue to hold the small services that they do at present. There exists the assumption that the citizens of the smaller branch libraries will travel to a larger branch libraries, but realistically not everyone is able to travel for various reasons. My experience has been that the high attendance rate at these events more than justifies their need at all the Austin public libraries. We should look at expanding, not reducing these programs. In essence, the larger libraries alone cannot meet the needs of all the children of Austin. I strongly believe the existing youth programs at all the Austin public libraries are vital for the education of all our children. If we want to improve the present education system, then why are we proposing to cut our youth pramds and our library staff? I will be passing out some information that I have gotten throughout this crusade that I am doing here and by that I mean a letter that I sent to the Councilmembers, a petition, a resolution from the friends of the library oak hill branch, a letter from my pastor at saint catherine's and also hopefully you will have time to hear a resolution from the president of the oak hill business and professional association and you will see that I do not stand alone on these issues that affect our youth programs at our Austin public libraries. Again, I urge you to fill the four librarian positions and not to sector the programs. I thank you.
>>Mayor Watson: thank you, ma'am. Dr. Peter witted? if you will come forward. Followed by betty weed. I think she was part of the beach ball crowd. Folded by jim rooney. And Mr. Rooney will be the last speaker before we go to the other public hearings.
>> I believe there were a number of people who have signed up and they were going to yield time so I could give you --.
>>Mayor Watson: I probably will not call you on right now because if you're going to take more than three minutes, we're going to recess this hearing at 9:00 o'clock.
>> I will promise not to take more than 10 and most of those people would --.
>>Mayor Watson: if you will yield the floor right now, we'll come back to you. If you field like you need 10 minutes tonight?
>> I can make it as short as would be at your pleasure.
>>Mayor Watson: well, okay. Well, I'll come back to you. Jim rooney? he signed up on behalf of the Texas resource development, member of the Austin foreres city board. Dennis brown? is jesslyn here. She has donated three minutes to you so you will have up to six minutes and you will be our last speaker before we recess the hearing.
>> I think I would respectfully request that we defer our item. We've come to speak about a specific item and to divide it up, I think we would take our chances after the hearing and it would make -- we can be more definitive with our presentation if that would be acceptable.
>>Mayor Watson: sure. We're going to recess the hearing on item no. 49 And I'll call the hearing, the public hearing on the town like guiding principles, item no. 51. And this is also taking up item no. 34, Which is an action item. Not that it's doing me any good, but I'll make the same plea. We're going to recess this hearing at 9:30. The first speaker on this item is also Mr. Cocurek followed by Mr. Phil spertis.
>> Mayor, Mayor pro tem, Councilmembers, I come here in support of your program at Town Lake and commend the Council on your efforts there. I recognize that you have considerable financial due diligence to do in looking at the civic center and that kind of thing, but I believe it's do able and time for you to place this on the november ballot and I would urge you to do so. Thank you very much for your efforts and congratulations.
>>.
>>Mayor Watson: thank you. [One moment, please] perform. I'm here on behalf of the art center stage committed to working in the next months on the design process so that your efforts will come to fruition in a consensus making sure that all interest groups are -- are addressed and all their krns are met. I have sat on the Town Lake task force planning committee, and there we talked about bringing forth a union ti of the neighborhoods, the arts groups and also the park people to make sure that we in Austin can create in Town Lake center a cultural park worthy of our great City. Thank you again, City Council, you are going to hear from a number of people the same message, which is we now are through talking, let's do our -- what we need to do which is get our performing arts center and our wonderful community civic center built so we can all enjoy it. Thank you again.
>>Mayor Watson: thank you. Carl harris. Carl harris. Carl harris signed up for. Daniel b. Wilson. Please come forward. Joe and christian will follow.
>> Good evening, I'll keep this very short. I'm daniel wilson, president of Austin shakespeare festival we produce shakespeare in the park which is opening in two weeks. Let me just say on the project -- by the way, you are all invited. Let me just say to project that ours being one of the smaller groups in town we view this project as a place for us to grow. And a place for us to continue our work. Even the small groups like ours need a place to perform and we're running out of space in Austin. So again, I think it's a great plan. The park is great. Thanks a lot.
>>Mayor Watson: thank you. Joan christian. Followed by lorraine lymon. Men marilyn good.
>> I want to thank all of you for the care and attention you have paid to this project which has resultedded in this creative plan which will make a beautiful spot in down town Austin for everyone in the community. In addition to the fact we have as we've talked to you through the years, we've mentioned the tackett that we did have a deadline and we really needed to be in our new place by the year 2003. Thanks to your creativity this is indeed possible and probable. Thank you.
>>Mayor Watson: thank you, ms. Christian. Lorraine lymon. Followed by marilyn good and emily mooreland.
>> Hello, good evening, everyone. I just would like to say thank you to the City Council for bringing the issue up for the revitalization of auditorium shores and the parks and the parking lot and everything wonderful that will go along with it. And just to keep it short and brief, I want to say that I'm in support of that and thank you for your time.
>>Mayor Watson: thank you. Marilyn good. Marilyn good. Signed up -- are you marilyn good?
>> yes, I am. Thank you very much. After ten years on the arts commission and four years on the downtown commission I have a lot of sympathy for what you are going through. I've been there. The last time I saw most of you --.
>>Mayor Watson: get a beach ball.
>> Never, never! the last time I saw most of you I was in control of the microphone and you were in a -- you were in a candidates forum and we were in zachary scott theater. So hello again and I want to remind you that the question that was asked among the questions that was asked was Austin artists and art groups face a facilities crisis. A lack of performance and exhibition space keeps them from being able to adequately serve their current audience and precludes growth. Are you willing to take a leadership role in solve thg problem? we spoke with a mexican-american cultural center, the carver museum, the Austin museum of art and the return of palmer auditorium to its original use as a regionally attractive performance center. And each of you who spoke at that forum stated that you believed the people of Austin should have an opportunity to vote on the use of public funds for these purposes. Thank you, it appears that you are keeping your word. Nurturing the art tick stick and cultural development of Austin is essential to maintaining economic prosperity. That was the message of the gathering of the candidates forum, that's part of our message tonight. We praise you for acting with courage in this matter and encourage you to continue to do so. We in the arts community are many, we are strong and we will not forget your support.
>>Mayor Watson: thank you very much. [Applause]. Emily moore land. Followed by aune dree I can't ariel.
>> I want to thank you for your kind consideration of all of these issues and we just want to say we very much support that revitalization of the shores. Thank you.
>>Mayor Watson: thank you. Andrea arial. Then rusty tally. Ms. Aerial? didn't sign up for or against, is representing the aerial dance theater. Rusty tally followed by hillary anderson.
>> Mayor, I would like to give my time to wayne bell.
>>Mayor Watson: when I get to Mr. Bell I'll pull that. Well in fact following hillary anderson will be wayne bell. Ms. Anderson welcome.
>> Thank you. Good evening. My name is hillary anderson and I'm a member of the junior league of Austin. As the chair of our largest fundraiser, a christmas affair I want to thank City Council members for their tenacity in finding a solution for charities and other groups who use palmer. The arts groups and the neighborhoods. The proposal providing alternative exhibition space for the current users of palmer would allow the junior league to continue its 23 year history of fundraising for the betterment of our community. Propositions 11 and 12 provide for the development of a performing arts center without ignoring interests of other very important organizations including the neighborhoods. I look forward to seeing this issue go before the citizens of Austin for a vote on november 3rd. Thank you.
>>Mayor Watson: thank you. Mr. Bell? [applause]. Mr. Bell, because rusty tally has donated his time to you you have up to six minutes.
>> Thank you. Mayor, Council, I stand before you as the chairman of the design team for the arts center stage have been working with the architects and with me is deally herndon. We would like to assure you that arts center stage plans to build out one of the finest halls in america, a hall that will be internationally famous and internationally acceptable. We will have -- we brought a model with us. The model shows that we will have a 2600 seat main hall, using the current stage housing of palmer. We will have an intermediate hall of 600 seats which will have opera pits, stage housing fly space, just like a small theater you, and then we'll have two black box theaters t black box is the type of theater that can be constructed however the arts group that uses it wants. We have had theater consultants in from new york, we have had acoustical consultants and of course the firm of herndon and stouch has given us cost estimates and will give us an estimate on the redesign and the model you see is the redesign. It is feasible to have an international center of the finest in Austin, Texas and we are proud to say that we plan to serve every single user group in Austin. Every arts group, many of the high school groups, and other groups who will have use for any of these four theaters that we plan to provide. We are having three meetings starting next wednesday, one on wednesday, one saturday, and one the following Mondays, where we will go through the model with anyone who is interested and comes to these meets. It was in the american-statesman and if you call arts center stage we will be glad to tell you the dates and times of these meetings to inform you of the model and the new plans that we have, the intermediate theater is a revision from earlier plans. But these three meetings that we will have will be what we're calling global. They will be an overall conceptual study, then we will ask everyone who would like to be heard to meet with us on a one on to one basis. We plan to meet with 250 user groups and find out what their needs are, what their uses are what their fee structuring needs to be to make it feasible for them. So we are serving all of Austin. We are not serving just people in tuxedos on black tie opening nights, we are serving everyone from every aspect. We're serving the individual dance instructor who has a small recital to the large symphony, opera, balancely and Charles dugin presents. We thank r for are your invent I have look at Austin and at the park. We support having this fine structure, this fine facility in the middle of a park, in a green area, and we pledge with the acreage that will be accompanying our proposal, we promise you that we will make that a garden spot and this will be something that all of Austin and all of Texas will be proud of when they come and visit Austin. Thank you.
>>Mayor Watson: thank you. Mr. Bell, if I might just real quickly, because there have been a couple of questions. I want to make sure, art center stage has indicated that originally there was some talk about some 14 acres, something like that. But art center stage has indicated that from things you've looked at, that ballot language that would say no more than, say, 9.5 acres would be satisfy, but you are committed to going through the design process that we're going to utilize to allow that to occur and play a role in anything surrounding palmer.
>> Yes, sir. And as far as things surrounding palmer, of course, with the two additional buildings that you are looking at, those might be very near us. That would work well into the charrette, the design charrette that we have. We have asked for a minimum of 9.5 acres, which allows us to have some space to the west of palmer, which would be like an outdoor picnic on the grounds amphitheater ter and also an arifle and departure space, space for trucks to come in, associated with the housing of the stage and theater proper and then also a landscaped entrance court, arrival court for patrons to arrive, valet parking, if we have valet parking, but some handicapped parking, but minimal parking, mostly returning as you plan to do, returning the parking area that now would accompany returning that from asphalt to green area.
>> And just so we're clear, but you are participating and thinking is important and appropriate for art center stage to participate in the design process because you believe that to be something that enhances what you are doing here.
>> Absolutely. And we feel that by our participation, we can make known what our needs are and then can make them a part of the park. And we feel very much that we are the park. That we are as much the park as a playing field or an outdoor stage on auditorium shores.
>>Mayor Watson: okay. One other thing I've got to ask you about, you just mentioned the two other structures, one being the community events center and the other being a parking structure. As far as art center stage is concerned, if this design process puts those two other structures right over there by palmer, that's fine with art center stage, whatever comes out of the design process?
>> absolutely. As a matter of fact, probably the closer proximity we have to the other two structures the better the three of us could work in serving the community in whatever capacity each of us may have, and in combined capacity. And sharing of facilities even.
>>Mayor Watson: great. Okay. Thank you very much.
>> Thank you.
>>Mayor Watson: emily baker. Followed by ada anderson.
>> Good evening, Mayor Watson, City Council. My name is emily baker, I'm a member of the junior league of Austin. Sticks months ago I stood before you to urge you to consider the facility needs of all groups in any plan to improve the palmer auditorium, City sol seem area. With Mayor Watson's Town Lake proposal you have done that and more. Build a new community events center on the site of the coliseum or wherever may be the best site, will preserve the ability of nonprofit groups such as the junior league to present successful community events which raise millions of dollars directly benefiting Austin citizens. This facility also will accommodate numerous civic, governmental and community uses and be a true asset to our City. Retrofiting palmer auditorium into a performing arts center will allow or thriving arts center to serve the needs of diverse groups and reach no audiences. In addition to planning for facilities you've gone a step further by incorporating green space and parking improvements. All of these features taken together are compatible with the concept of a truly great urban cultural park. I wholeheartedly endorse the park package as a whole package. Thank you for your willingness no consider all the needs of the citizens who make Austin such a special community. Thank you for providing for public input through the appointment of the Town Lake round table rise ri group and these two public hearings. And Mayor Watson, I personally appreciate your efforts to bring resolution to this issue by exploring creative options such as the ice bats' proposal. As a season ticket holder I will be attending their games wherever they are playing. I support the gild principles put fort by the Town Lake advisory group and support placing the palmer auditorium lease and the reasonable car tax on the november 3rd ballot. Thank you Austin City Council for striving for and reaching the comprehensive solution that is indeed a win win for generations of Austinites. Thank you.
>>Mayor Watson: thank you, ma'am. Ada anderson. Ms. Anderson. Ms. Anderson signed up for. Jeff fransel. Jeff signed up on behalf of the parks and recreation board and didn't sign unfor or against. Melissa eddie. Melissa eddie.
>> I'm here, I'm for. Thank you.
>>Mayor Watson: thank you. Gale armstrong. Followed by mary margaret quadlander.
>> Good evening, Council. And Mayor. I'm gale armstrong the vice president of the bowled even cranky neighborhood association. [Laughter]. First I want to commend you for taking up this Town Lake issue when I'm sure your plates are overflowing already. And I want to thank you for the park. We will all be waiting eagerly for the opportunity to contribute to planning of this great park. Keep in mind that south Austin's three must ka tears, kay tribeus, marry and ellen will be waiting in the wings.
>>Mayor Watson: would that be the wings of palmer? no, no.
>> You have recently witness add brief example of their determination. As a friend, husband and business partner to one of them, I can -- I have witnessed ellen's determination for nearly 20 years. You can count on her to rally the troops once again if it becomes necessary. Let's get on with building a great park for all of Austin and thanks again.
>>Mayor Watson: thank you. [Applause]. Mary margaret quadlander followed by gardner selby.
>> Thank you Councilmembers again for this opportunity. Did we really go home last night? or have we been here the whole time?
>>Mayor Watson: sometimes I wonder.
>> Oh, gosh, me too. Tonight we should all be celebrating one another's victory. The park pro pon entsz as well as the gapac kmuchblt I look forward to a development of Town Lake park that manifests the uniqueness of our community. By not only protecting our park land but bringing it up to the standard it has always deserved. I congratulate the members of gapac, I have many friends and co-workers in that community. Most of them are still speaking to me, I think. I expecting in less than a exquisite building from them. I call on the gapac community to join us in this vigilant watch to make certain that the park land is funded and thank you again very much for this opportunity.
>>Mayor Watson: thank you, ma'am. Gardner sell bye followed by helen green.
>> Mayor and Councilmembers and I was going to say good the see you Mayor pro tem, but I think he's off the dias now. On behalf of the bowled even creek neighborhood association I would to touch on something I read had the papers. Somebody wro our neighborhood association is holding the City hostage. If that's so we appreciate you all paying the ransom. You have successfully put town lake park first, soon voters will have a say and we can look forward the an entirely public design process leading to a great central park. Bravo, bravo, bravisimo.
>>Mayor Watson: thank you. Helen green. Signed up for. Alex allford. Anne chicalla signed up for. Go ahead.
>> I'm just here again Council and the Mayor to say that I'm still hoping to be able to look out of what I'm thinking will be a third floor office from ni new opera center and see the redevelopment of the 54 acres with a renovated palmer, replacement for the coliseum, a development of a park and I'm also hoping when I look down on my ballot november 3rd this item will be there. Thank you.
>>Mayor Watson: thank you. Jeannie sandofer smith signed up for. Willie may scranton not speaking but for. Anne winger for. Cindy stone for. Linda bush for. Anne bahon for. Judith dol nismt g for. Debbie kitchen for. Corneal I can't foster for. Allegri hibits for. Barbara copeland for. Janet hoot ten for. Lillie Garcia for. Ginia bennett for. Liz maples for. Susan douglas for. Sue maxwell for. Anne greenway for. Marjorie feller for. Ellen drisdale for. Sharon anderson for. Sandra smith for. Cindy cotradi for. Susan eads for. Beverly scott for. Joe lynn burg for. Betsy chef for. Susan klein for. Grace bonner for. Jane sibley. I wonder how she is going to come down? [laughter].
>> Don't hold your breath. I was -- once again I want to say thank you and I want to thank the neighborhood organization tonight. I think being a good neighbor means bringing things to the surface immediately before there is really a problem developing, and I was glad that they did so because we all need to be good neighbors to each other. And I think it's terrific that we have this to look forward to because a lot of youngsters a lot of people, old age, even bobby crenshaw's age might even enjoy coming to one of these facilities. In fact I imagine they are going to be at all of them. I think we're going to do an awful lot for the community of Austin. But I am surprised that we haven't had more contention. Isn't there something wrong here?
>>Mayor Watson: let's not stir anything up.
>> Thank you.
>>Mayor Watson: thank you very much. Jacqueline weatherholt. Please come forward. Martha harrington will follow.
>> Good evening. My name is jacqueline weather holtd, I'm a student at ballet Austin. I'm also a freshman at the university of Texas in the school of architecture. Last year when I started looking at colleges I was excited to find out that I could stay here in Austin and get an education in architecture as well as continue my ballet training. I have danced for 15 years and I can say my love for this art grows more and more every day. One might think that I have an unusually busy schedule, dancing six days a week and attending school full time, but it is important to note that I am only one of 75 people at ballet Austin, students who balance extremely hectic schedules chls we do this because we love to dance and because we can. The City of Austin offers excellence in academics and ballet Austin provides superior ballet training. Artists train throughout their lives with one goal in mind and that is performance. It is vital that a proper facility be available for these artists to share their talent with our City. This is a struggling industry as it is and it will die if it doesn't have a home so I thank you City Council and Mayor Watson for your efforts concerning this matter and look forward to seeing this on the november 3rd ballot. It will be my first time to vote.
>>Mayor Watson: oh, great. [Applause]. Martha harrington followed by fred smith.
>> Good evening Mayor and Councilmembers. I'm martha harrington and I'm a member of the board of art center stage. As a member of the finance committee, I would like to speak to you regarding the financial viability of the renovation of palmer auditorium. And its ongoing operation as a performing arts center for central Texas. The members of the finance committee include six individuals with over 150 years of business experience. Including two cpa's. Over the last several months our primary focus has been to develop two financial models. The first to be used during the construction phase, and the second to be used during the ongoing operational phase. It is art center stage objective to provide the necessary private investment funds to complete the renovation of palmer auditorium and to build an even do youment for the ongoing operations. The current financial model provides for a total of 50 million in private investment funds which will cover 40 million for renovation and 10 million as an even document, whose income can be used for the ongoing operational shortfalls. In developing these financial models, we have invested consider time in learning about the operating costs of other performance facilities not only in Austin but in other cities as well. We have discussions underway with a wide variety of stakeholders including arts groups, interested citizens and members of the City government. We're work to go integrate the perspectives and needs of a wide range of stakeholders. As well as to gain from their knowledge and experience. The financial models demonstrate that the performing arts center is financially viable with conservative revenue assumptions. As a zero sum operation the taxpayers of Austin will no longer be funding a operating -- and operating at a loss the palmer auditorium. We must get started. Raising 50 million is a significant undertaking and will take time. We must have a november election to gain the approval of all aspects of the town lake revitalization rization including the lease of palmer auditorium to art center stage. We must all work for the yes, sir vote for this revitalization of the shores in november. Thank you very much. Zfr thank you. [Applause]. Fret smith. Fred smith is in favor. Jan hail Reed is for. Shelly meyer.
>> For.
>>Mayor Watson: for. Betty King for. Donnie bryant. Donnie bryant. Donnie bryant for. Jeanette jones for. Dan smith for. Chris denholm for. Laurie langenburg for. Cannot speak due to rehearsal. [Laughter]. Betty newsome for. Lynn rupp for. Terry irion.
>> For.
>>Mayor Watson: present and for. Killion napon for. Margaret quadlander.
>> When I signed up for 69 I thought well, I'll be there -- it will be about 11 or 12:00 I'll be on.
>>Mayor Watson: I've been accused of not walking butted running.
>> I remember that, yes. [Laughter].
>>Mayor Watson: sometimes people think that's a good thing. [Laughter]. [Applause].
>> I could use a little bit of that. Mayor Watson and Councilmembers, I've been sort of on the outer fringes of this, I haven't kept up with it real well even though my daughter has been very involved. And I've been very thrilled thinking, you know, of getting rid of that parking lot park. I'm a little less thrilled right at this moment. Tonight I got this map which is not finished, of course, but I realized the devil is always in the details, and I'm seeing that maybe that this parking lot, maybe it's going to be a cement mountain instead. And I'm -- I'm not just really thrilled about that right there at that same place because I drive back and forth there frequently, frequentsly. I have just thought from the outset of this and up until this evening that the palmer auditorium would be, of course where it now is. There would be a park in the middle and then the civic center would be on the other edge where the coliseum is. So anyway, I'll just put in a little fly in the ointment here. I know you want some flies in the ointment so here's one.
>>Mayor Watson: beg for them all the time. But the good news is that we are going to -- we are engaged in a process now, the next step in the design process will be on september 19th and all day community involvement and frankly, the ideas that really there is nothing fixed and as you've heard from the people from arts center stage, asee a reporter rushing to you since you are the only fly in the ointment --. [Laughter]. He almost knocked somebody down trying to get to you. [Laughter]. But that's part of the good part of this is that you have an opportunity to participate in that and what comes out of the design process has -- as mentioned by Mr. Bell, the only thing that's really fixed in this process is we probably aren't going to try to move palmer.
>> That's fine. That's fine.
>>Mayor Watson: but then anything else, whatever comes out of that process, it will truly be a community park and wonderful. So it's not a fly in the ointment. In fact it's that kind of view that you ought to participate on the 19th and beyond.
>> Well, thank you. And I will.
>>Mayor Watson: thanks. Real quickly I'm going to run through a couple of other cards. I'm nol going to ask anyone else to speak and we'll go back to the other public hearing. Bill keen for. Jack latson for. Susan avant for. Rose taylor-.
>> For.
>>Mayor Watson: for. You can tell she sings in opera the way she calls that out. Penny burnet. For. Jessica wilson for. Chuck luedke for. Sheer loveace for. Wayne bell, I got another card for you. Joan tally says thank you for creating a plan that would enhance the City in all ways giving back to the City the arts and parks are important for a City to survive. Russell prickett for. Sam van alsti rochlt. I do not wish to speak. With that I'm going to stop and we will go back to item no. 49, And we will do this until 10:00 p.m. Now, when we broke on item no. 49 A minute ago, what we were getting ready to do is get into the urban forestry board and we were also going to talk about the roving leaders program. Let me -- doctor, I've lost your card. Why don't you come forward. And you have people that have signed up to speak also that are donating time. Folks, I appreciate -- I can appreciate the exitement everybody has, but if I could get you to hold your conversations outside the chambers. We've got a lot of work to do and we are trying to get through it tonight. How much time do you need, sir?
>> I have a young lady who is a participate pabt in the program. She would like to speak for a couple of miptsdz and then I will hold my comments to five additional minutes. That clear some 35 people off your list.
>>Mayor Watson: that's a blessing. What we'll do is set the clock nor three minutes for you, ma'am, and set it for five when you are ready to speak. Identify yourself.
>> Thank you. Mayor and Councilmembers, hi, I am wilhelmina proMayor dit, a 14-year-old at murchison middle school and I live and participate in the get roving leader program in East Austin. I feel lucky to have the roving leader program in my community. They are helping my pierce and I by providing us with positive role mlgdzs and lots of recreation to fill unoccupied time. Because of the roving leader program we have been able to participate in tons of academic, cultural, social and recreational programs that we could not have had the time to. I'm excited because we have been able to experience these programs in other communities in Austin outside our own. For these reasons and many others we need the roving leader program to continue and expand. Thank you for your time. [Applause].
>>Garcia: we can set the clock for five minutes, please. We will come, sir. -- Welcome, sir.
>> My name is peter wit, I'm a professor of recreation, park and tourism at Texas a&m university. I was privileged to talk to your group the -- last year after conducting some studies of four of the programs that are part of the social fabric initiative run by the Austin parks and recreation department. I had the privilege this year of looking at those programs again, totally cool, totally art, the nontraditional program, the summer teen recreation academy and the get real roving leader program. What I'm here to report to you and there are full length reports, but I gave you a two page summary here thinking that was probably enough material to look at, is that these programs continue to do good things for the youth of Austin. In particular, what is particularly good about these programs is the way that they fit together. What you have are outstanding efforts in the totally cool, totally art program in the nontraditional programs going on at recreation centers that provide a hub for the youth who need to have constructive thing to do during free time. But in addition to that, they provide a sense of belonging for kids, they keep kids off the street in a positive supportive manner. They provide new spernz in order to increase jobs, increase trust and respects for other adults, teens and authority figures, they teach youth to work positively in a group and find positive means for resolving conflicts, and they provide opportunities for youth to get help with difficult personal and family issues. So those are the in-house programs. During the summer, that is extended to a number of of the junior and senior -- middle schools and high schools by having an opportunity for even more kids to participate at those outreach centers. The roving leader program, which I particularly want to highlight, is very important because not all kids find their way to these programs on their own. Not all kids have parents who will bring them to these programs. Not all kids have friends who provide the peer group kind of thing saying hey, I'm doing something really good, you ought to come too. The importance of the program is it is an outreach program, an effort to get in the communities, work with kids where they are. Get their confidence, get their trust and in many cases they trust each other, they trust other kids more than they trust adults. The stories that the leaders in the roving leader program can tell you are heart warming because those connections happen immediately. They happen because these folks look like people who you ought to be involved with. But on the other hand, it doesn't happen so immediately that after one contact with a roving leader, the roving leader immediately can bring kids into contact with ongoing programs. These are kids that -- that I've talked about last year where adults have not always been trustworthy in their lives. Adults have broken promises to them over and over and over again. So to establish these relationships and then move these kids into organized programs so the roving leaders can move on to another group or other individuals who are in need. The important thing to recognize here is while they have some 600 kids that they've in a sense registered, and they register them for a liability and other kinds of reasons, they've been able to work indepth with 75 to 100 of these kids and move them on to other programs. That may not sound like many, but the cost to society of every one of those kids who doesn't make that transition, if they fail from that and they get in trouble, the extreme of that is they ends up in a juvenile facility at 40 plus thousand dollars a year. I would contend that the program is cheap in terms of what you are paying. I know the program has asked for thought about additional funding in -- in additional funding areas. This is a sound investment of City money to be -- to continue an outreach effort knowing that you can do a lot to provide a stable kind of opportunity, but you've got to find a way to get out to the kids and bring them in. Let me just share with you one other notion. It takes a period of time to develop quality programs that are accepted by youth and adults as meaningful places for youth to participate. It takes time to develop trust respect integ ri ti and consistency, all important elements of these programs. These are vital elements of building quality experiences for youth. In most cases these programs all rb, all four of them, are dealing with youth who dot not trust or have respect for adults. If you can give me 30 seconds. They too often see programs and services started one day, only to be withdrawn at the end of the funding cycle. This lack of consistency further undermines trust. Only by offering programs and services over a considerable period of time can we help youth living in high risk environments move from childhood through youth to adultd hood in ways that will yield positive adults. You are doing this in Austin, I applaud the efforts to fund these programs. I I applaud the effort of the department. These programs have been recognized nationally. They are gaining recognition for the City. Now, that's a lot less important than serving the kids of the City. But the professionals in the field recognize the importance of the work that you are doing here. Thank you very much.
>>Garcia: thank you, Dr. Wit.
>>Lewis: Mayor pro tem?
>>Garcia: Councilmember Lewis.
>>Lewis: I would just like to -- I know that some of the roving leaders are here. I would just like for them to stand up and be recognized. [Applause]. There was more of them here earlier, but they had to take the young r kids home. Thank you.
>>Garcia: we're going to the urban forestry board presentation by chairman kevin casey followed by dennis brown I think Mr. Brown has had some time donated to him. I think you have total between the two of you 12 minutes.
>> We -- I think we had the entire board here and everybody signed up to speak and we died ted time between Mr. Brown and myself, so however we do that here. So I'll go ahead and begin. My name is kevin casey ee ee.
>>Garcia: why don't I do this. Let me ask that you be given 15 minutes and then you can split it up between you and Mr. Brown.
>> Okay. That sounds good. Thank you.
>>Garcia: welcome, sir.
>> My name is kevin casey, I'm the chair of the you are been forestry board. With me are fellow board members, dennis brown the vice chair, joyce, maria, Roberto and mark baker. Jeff davis was with us, she had to leave to go home. Scott is another board member, he's out of town tonight. On baft of the board, I first wish to thank each of you for pinting us to this board this year. At the beginning of the year there were only two of us on this board. As of now we are up to eight members with the most resented being appointed just last month. So we thank you for that. I would also like to go on record to thank Jesus that he and the park board has given us. We have seen much work needs to be done in urban forest, we've dug in, worked as a team and accomplished quite a bit. One of the first things we did was amend the bylaws to include members.aol.com/ohpoopie as ex official members of the board in an effort to reach out to other departments. We also have since had at least two presentations from both departments. We've had presentations from staff on smart growth. One of the concerns that we felt as a board was as we've heard the City talking about smart growth, rewriting the land development code, watershed master plans and other progressive and comprehensive plans, trees were somehow being completely left out. I felt like I was searching for water, if you know the children's waldo cartoons. As one City we should be working together in formulating our future. And trees are a part that have future. An example just this year of departments working cooperatively together in support of trees, Austin energy this year donated 30,000 to the parks department to continue the neighbor woods program which had been sppbs erd by jack brown cleaners for many years. The board itself was created ten years ago by City Council with a directive to develop a comprehensive you are been forest management plan. For ten years in fact for almost 15 years now there has been much talk and little action. We bring to you tonight and ask your support for the first required step for any management plan. An inventory proposal. The time to act is now. This year. Not another three years, five years or ten years down the road. Why do an inventory? management of any resource begins with an inventory that have resource. Urban forest management is no exception. With a comprehensive understanding of the you are been forest and the coordinated management plan to maintain and enhance itth for without that rewhisk losing a valuable resource, one that effects our physical, morl and economic well-being. A tree even convenient tor provides foundation for the building and implementing of a pro-active, progressive urban forest management program. An inventory which is much more than a mere counting of trees will enable City foirbls identify and prioritize problems, efficiently schedule work crews and equipment, prevented and address infrastructure damage, reduce potential City liability, and more accurately prepare budgets and identify hazardous conditions in trees, eliminate those hazards and prevent new hazards from developing. We ask what is the urban forest, basically it's the green stuff that's ought there. The street trees, residential trees, these trees and plants on private and public land. Trees in the transportation utility corridors, trees and plants on watershed lands t City of Austin is responsible for approximately 110,000 street trees and approximately somewhere over 50,000 trees on developed park lands. Trees are an integral part of Austin's urban environment. They are an integral part of the City's infrastructure, no less so than the streets, utilities, sidewalks and other components of the City's infrastructure. State forester james hull stated there is no question that trees are a valuable part of the City infrastructure and need to be managed as pro actively as streets and public utilities. The shade and beauty of trees contribute to the City's quality of life. I think you all are very familiar with all the benefit fits that trees provide to the community, some of them including reducing noise levels, clean pollutants, producing oxygen, storing car boone dioxide. Auk qautic provides City a benefit. Trees help stabilize the soil by controlling wind and water erosion, reduce storm water runnoff. These benefits provide an approximate mate $1 billion benefit to the City and we have handouts that I think we gave most of you or are going to be giving most of that that footnote the statistics. [One moment please]. What type of information is collected by a tree inventory? as I said a moment ago, an inventory is not simply going out and counting trees. Almost all of us can do that. An inventory collects the following kinds of information and dennis brown will be talking more about this, the location of the trees in gis and other systems which the parks department has a pretty advanced system already in place. Tree identification by type, size classification, health and condition rating of the trees, maintenance needs and priority, interference with street lights, street signs and corners, the presence of overhead utility lines, hardscape damage, hard skaipg sidewalks and roadways, curbs, future planting sites. We were asked by one board, rather, can't we just take planes and fly over the City and take snapshots and kaunt all our trees that way? that would be great. I think if you remember just a few years ago, we would to be the via peach program where we were going out and planting all the peach trees along town lake. The reason we did that is because the trees that were planted out there years ago are approaching the age where they're going to be dying in a couple of years. So the parks department went out there and planted with the community all these hundreds of other additional peach trees so that they would be growing and would take the place of the present peach trees once they died. So that's another aspect of this. The basis for a comprehensive conservation plan. That inventory gives you the plan on what you're going to do now. In a plan you include inventory, base of recommendations for the long-term maintenance needs of urban forest, provide support for the planning of budgets and employees for the maintenance of forereferts. It includes tree related or unanimouses among other necessary information. You will be hearing from us about ordinances a few months down the line. I brought this up here just as an example. One of the cities we looked at cities throughout the united states and talked to campaigns throughout the United States about how this has worked in their various cities and whatnot. I got this idea from save vanna and thought I'd show it to you. This is something that we've talked about. Savannah broke their City into quad drants and if we did the same, we could do something with the comprehensive forest plan. For instance, this is from the parks department, but these are the planning sectors of the City which y'all recognize. For instance, the year 2000 -- there we go. Okay. Speak into it? does that work?
>>Garcia: give him some volume on that one, please.
>> So, for instance, in a comprehensive urban are forest plan, we might decide that sector one is the most immediate need for hazardous tree planning and removal and so perhaps we might decide that sector 10 is in the most need for tree planting. And we'll keep going through this throughout the years, year two, year three, year four, down the line. And then we'll set up year one we're going to be in a sector having our personnel, equipment and everything else. Sector one doing trimming and maintenance. In sector 10 we'll be doing planting. Year two, we might be doing trimming up in three, doing planting and section eight. That's to give you an example of what we're kind of seeing down the line. I did speak earlier of the value of our urban forest. Another way of looking at the value of the urban forest is that unlike the other components of the City's infrastructure, the tree population when properly carried forth significantly increases in value as the trees grow larger over time. Our roads don't do that, the sewer systems don't do that, our sidewalks don't do that. Trees return benefits and value to the committee far in excess of the time and money invested in them for planting, pruning, protection and removal. Let's remember that Austin's urban forest is its crown jewel. Let's commit ourselves everyone, and I ask that Mr. Mayor, Councilmembers, Mr. Garza maybe a commitment to see that our urban forest, which is an ee could system in and of itself, is remembered, respected and cared for and we stop talking about caring for our trees and commit the appropriate finances, qualified personnel and required time such has it requires. Thank you very much. I now hand it over to dennis brown, our vice chair.
>> Thank you, Councilmembers, Mayor pro tem. I'm very pleased. My name is dennis brown. I'm the vice chair of the forestry board. I'm pleased to extend to you tonight an opportunity to take this first step into active management of a very valuable resource that Austin has, it's urban forest. We have -- I'm wearing a button you may recognize tonight. Evoking the respect for another Councilmember who was forward thinking, mar get move man, who was responsible for one of our ordinances for trees to protect certain trees of a certain size and recognizing their value. The most important aspect of this inventory if you were to have to point something out is safety, public safety. It has already been pointed out, an aging urban forest, we have significant liability, exposure there. As trees age they often decay, they begin to fall apart and it is important that we recognize these early on and proceed actively ablgt on those to mitigate those hazards as they occur. Not doing an inventory does not relieve us of that liability. I want to point that out. It has been stated that perhaps some of the reluctance to do inventory like this might be pointed at the fact that we don't want to know what we might find out, that we may be way behind. And I can already tell you we are. And so not making that determination is not an out for us. This has to be the first step in urban forest management. We have to know as any business does, what our assets are, what condition those assets are and how we can properly manage them. I know of owe he that I've been told that perhaps there's already been some discussion about doing this in-house. And the urban forestry board has done a lot of homework here. We didn't come up with this the other night in a bull session. We have stated past urban forestry boards have stated this is the first step. It has been approximately 13 years in the planning or the coming and we haven't seen it yet. We don't -- we would love to entertain other offers and ideas about how this might be funded. As you can see, it's a substantial budget item. We're asking for $40,000. -- I mean $400,000, excuse me. That would be nice, wouldn't it? and we don't underestimate that significance. That is an important amount of money. And given the other things you have seen here tonight, we don't call that a slight amount of money, but it is a first step in an urban forest management. I would like to say that we have looked at the possibility of doing that in-house. We would entertain any other ideas, but with current restraints and personnel that are out there, the possibility of doing this as an interdepartmental thing does not seem to be reasonable. We would hope that we might could be proofb wrong, but as you may know, Citywide that that's rather unprecedented that departments would work together like that to do something. And we're rather reduck tant to put the urban forest in that position. So we're hoping tonight that you will consider this. We'd be happy to entertain any questions that you might have over this if you have a chance to look at your materials, you may have some questions. [Buzzer]. We'll be happy to address those. Thank you.
>>Garcia: thank you. Questions anybody? Councilmember Griffith?
>>Griffith: Mayor pro tem, I was wondering if you would share with us some of the comments that you shared with me about what you've learned in some of our conferences about trees and their importance, not just in a decorative way, but in a very real environmental way and in an economic way?
>>Garcia: I was mentioning to Councilmember Griffith was that in the issue of time magazine that has president clinton and it says truth and consequences, inside there is a little blush about blurb is the fact that every month this year we've broken the record for weather, for heat, and that we really -- really really have global warming. It's here. And even though the electric utility and the water utility may ben from that, we know it's not something that's good. There is climate change. And I've attended some conferences because the City of Austin belongs to the cities for protection, is which is part of the Council for environmental issues. They're the one that came out with the bumper sticker that says think globally, act globally. And I've attended some where some of the experts in the area talk and what they talk about is two things. No. 1 Is if you have anything that's dark in color, they ought to paint it white. That's of a minor thing. The big thing they talk about, and after they give you all the specific stuff is you've got to plant trees and you've got to keep your trees healthy. That's one of the things that everybody is talking about. So it is an investment and something that it's very hard to measure because we have no idea what -- you know, what climate change is going to do to us. We know it's going to be very expensive in terms of health, in terms of resources that are going to be lost. So yeah, I'm very interested in beginning this process in earnest so that we can get to where we need to be.
>> We look forward to that. I also heard a report that nasa is doing a study of 10 cities throughout the us studying exactly that, salt lake being one of those cities. I heard it on a cbs news. I've been trying to look for it on the internet. If you happen to find that, it was called heat hunters, studying the effects and studying the benefits of trees, especially with the upcoming olympics coming in salt lake city. I also want to mention I was reminded, the notebooks we gave you, we put them in a notebook format on so when we send you additional information or you come up with information, you've got a notebook that you can stick all that information in now and have your own little register of it. Any other questions?
>>Mayor Watson: Councilmember Spelman?
>>Spelman: is there any -- I can understand reasons for doing the inventory all at once and in a hurry, but is there any technical reason why it couldn't be done over time? could we do after the City this year, half the City next year or something like that?
>> may I address that? some of the research we've done on this specifically regarding doing that because that was certainly of interest in some of the questions as we went on other boards about that. The problem is that we are dealing with data and real time. Trees are dynamic, living organisms, so we are talking about measuring something. And if we start phasing it in, by the time we get to the last phase, the first phase almost has to be started over again. To have a comprehensive snapshot of what's going on. It's not that it couldn't be done, but I think economically and the data that we would get, it would actually be more expensive to do it that way. And I've talked with several experts in this area that are involved in that and that's their conclusion on that. It is done. Other municipalities have done that, but it's not looked on as a real way to get -- that's something if you're going to do a follow-up inventory in years to follow perhaps, that's a way to go in and reinventory, but not a good way, especially when you're dealing with 160 thousand trees.
>>Spelman: how often are you talking about doing an inventory?
>> the biggest thing that changes with an inventory, of course, is the size of the tree. There is information that is available that will be available right away that is of immense value. For instance, hazard trees. Hazard trees will be identified immediately. Those don't change. They don't get better. They either manifest themselves in a failure or we do something about them. That's something that doesn't go away. The size of the tree, while it's good to follow up and check that data on a regular basis, often that's done when maintenance is done that these records are updated, kept on a database, work readys are Written from this database, but you can imagine how we might project, frints, if we have a six-inch pecan tree and right-of-way that is in close proximity or under electrical conductor, we can project when that tree will begin to interfere with the lines. We can project when it will have to be possibly removed or when it becomes an issue with the electric utility, we can plan for its replacement rather than waiting on down the road. So to answer our question, how often does it need to be reinventoried, that depends on how intensively we manage the data. I would say the experts that I've talked to say six to 10 years that -- that's something you ought to consider in six to 10 years. But again if you're managing it in-house, that may not ever occur.
>>Spelman: so if you manage the data really intensively, you may never need to do an inventory because you are keeping up all the time.
>> And again, if there's one value that comes out of this if it's worth that amount of money alone, it is the hazard reduction. I don't need to tell the legal experts in the room what the cost of legal expenses to defendant one liability case resulting from someone that would usually pay for this inventory. Maybe we could set up a fund for that in the sea ven actuality that that happens, but that would be a sale right there.
>> The highlighted ones are tree limbs that have fallen into pools, playscape areas are about to. Calls coming in from just all sorts of -- I think this would really open up a whole lot of eyes. And this is going to call for a commitment from the City over the long haul. A lot of cities we spoke to, they did an inventory and then knowing ever happened after that, so if we're going to commit the time and money to doing this, it's going to be a commitment from there on.
>>Mayor Watson: thank you very much. We'll recess the hearing on item no. 49 And go to item 34 and 51 for another 30 minutes. Bryan bungman? he is the the global diving well project, but he didn't sign up for or against. Rob shook? he signed up for. Rose mary castle barry? for. Joe long? for. Sam allison? sam allison didn't sign up for or against. Bobby barker? he signed up for and wrote please leave open the possibility of some private public mixed use development on the parmer site. Good opportunity for downtown residential as well as more park and cultural venues. Brandon gardener? he didn't sign up for or against. Larry mcgongle? for. Donnell daudy for. Frances language fifth, for. Allen green, the idea of a first class performing -- I'm so manying allen green is not speaking. Allen green? the idea of a first class performance facility located in the City is a beautiful dream. To finance the plan without public money is a dream come true. Sees the day, Austin, don't let this opportunity slip through our fingers. Kay tribus? said please read if not present. I hope that together we can create a really wonderful park for all the citizens of Austin to enjoy. Jill mcclain? for. David manning for. Jerry smith? he is for. Sara butler? for. Lori anne weather holt? for. Catherine finland? for. Heather taylor, for. Mary gravely, for. Alice wiley, for. Leslie poteet, for and to be put on november 3rd ballot. Carolyn jones, for the town lake guiding principles and for them to be on the november 3rd ballot. Paul air letter, for. Patricia air ler, for. Theresa long? for. Corely pledger for. Michelle piner, for. William ronney, for. Karen kir kendall, for. Freddie karnes, for. Sin claire black, for. For the arts at palmer, for the events center with parking, for enlarging the park, for limited private development, for well balanced program to benefit all of Austin since all of Austin citizens are not well informed about this proposal and have had very little time to consider and respond, please postponement action for one week, that leaves plenty of time to set the items for november 3rd. Thank you very much. Roberto ray, for. Stephanie white hurts, for. Cord ship let, for. Edward bellinggraff, for. Claire ronney, for. Gale romney, for. Raiched stow richard stow value, for. Bruce walinski, for. Kirk peterson, for. Derry swanger, for. Cliff erns st., for. Julie ballard, for. Charles ballish, for. Bryan gaston, for. Meredith kaugouchi, for. Adam joseph didn't sign up for or against. Rebeck ka know rebecca now land, for. Cookie ru wees, for. Bryan bolton, for. Lisa jones, for. Carol peterson, for. Eldon sutton, for. Mr. Fernandez didn't sign up for or against. Chris han non-, for. Let me ask -- I'm sorry, anna krai, for. Jerry krai, for. I'm waiting to see if there's going to be a family squabble here. Bill piner for. Glenda patterson, for. Kirk watkins --. [Laughter]. I'm going to -- well, he's for, but I'm going to look that number up. [Laughter]. Christine watkins, for. And by the way, Kirk is for also. Brenda palacios, for. Alicia grief, for. Peggy coogland, for. Michael more reno, for. Craig coogland, for. J. A. Coogland, for. Robert donnelly, against. Carla harden, for. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record].
>>Mayor Watson: do you wish to speak, please come forward? welcome Mr. Smith.
>> In a way I'm glad I got to go last.
>>Mayor Watson: how do you know you're last?
>> well, gee.
>>Mayor Watson: I'm teasing. You are last.
>> Members of the Council, I'm glad that there are still a sizeable number of supporters here. I'm sorry that the rest left. They went home with a nice warm fuzzy feeling, but like george pat ton said, we could still lose the war. There will be a lot of other items on the ballot in november. There will be other voices saying saig that we should be doing other things with this park. There were a couple of them signed up here tonight. One of the most prominent ones would probably be something to the effect of setting part of the parkland aside for commercial development. Sin claire black, amongst others suggested that. I would suggest if you really support this that the proper answer to that is the civic center is a commercial development. It is all about capitalism and people making money and selling things. I believe that that should be the appropriate commercial development for that site. But there is going to be a lot of -- a lot of commotion about building housing down there or putting in some kind of office structure, particularly on this corner right here at dawson and barton springs. And you folks need to be ready for it. You can't be come play sent and get caught up into let's go off into the charrette and decide what ought to go where. You have to win the election war first. And you need to keep your eyes on that first before you start dreaming about what's going to go where. Thank you.
>>Mayor Watson: thank you Mr. Smith. Those are all the people that have signed up to speak on item no. 51. I'll entertain a motion to close the public hearing. Motion is made by the Mayor pro tem seconded by Councilmember Slusher. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries. I'm sorry? [inaudible]. I'm not sure either. Do you wish to speak, Mr. Jack? motion has been made by the Mayor pro tem, seconded by Councilmember Slusher to reconsider the closing of the public hearing. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries. We'll reopen the public hearing. Mr. Jack?
>> Mayor, Councilmembers, I'm jeff jack, president of the Austin neighborhood's Council. The Council was asked by the south central coalition of neighborhood associations to work with them on the proposed development of the palmer auditorium site. In the past several weeks the neighborhoods have worked very hard to make their concerns known to Council and to work with all the parties to find common ground on the basis for creating great Town Lake park. These neighborhood associations have shown their commitment to being responsible citizens, shown the respect for larger community issues, even as they worked to protect their own neighborhoods. Their unity, their diligence and the positive approach to this problem should be commended. And the anc congratulates them on their efforts to put the focus back on building a great park. The anc also appreciateses the work of the Mayor and his staff to resolve the concerns of the neighborhood. The recent developments, especially the decision to remove the ice bats from the original proposal and the Council's commitment to make the development of the park green space a priority are very positive responses to the neighborhood concerns. Although we would liked to have more time to consider all the details, we believe that all of the parties have come to an agreement on the underlying principles for developing Town Lake park. Therefore the anc defers to the south central coalition in its position as stated yesterday in supporting going forward with this project. The Austin neighborhood's Council would also like to thank Councilmember Griffith for her efforts and her staff's efforts to obtain answers to the many questions that still are outstanding. And to tie down the many loose ends with regard to the financing to the palmer parkland development. We understand, however, that many of these issues can only be resolved as the process goes forward. Therefore we -- we support the public design process that you have proposed and we hope that that will be used from this point on and we welcome the opportunity for the neighborhoods to be a full participant in that process. The anc looks forward to working with the south central coalition, the City, the community users of the civic center and the arts center stage to complete the parks financing and completion. Together we can build community support for the park and win the vote in november. Thank you.
>>Mayor Watson: thank you, Mr. Jack. [Applause].
>>Mayor Watson: no other people have signed up to speak. I'll entertain a motion to close the public hearing on item 51. Motion is made by Councilmember Slusher, seconded by Councilmember Spelman. Is there any discussion. Hearing none, all those in favor say aye. Opposed say no. Motion carries. Public hearing is closed. That takes us back to item no. 34. Spurb spurb by the rules do we need to vote to go past 10?
>>Mayor Watson: we probably should.
>>Slusher: hopefully we can get four votes.
>>Mayor Watson: I'll entertain a motion to suspend the rules of the Council past 10:00 o'clock. Motion is made by Councilmember Slusher. [Buzzer]. [Laughter]. I believe we're done. Motion is made by Councilmember Slusher, seconded by Councilmember Lewis. Is there any discussion? hearing none, all those in favor say aye. Opposed say no. The motion carries. So we can keep going. [Laughter]. Let's go back to item no. 34. Council, yesterday we passed a resolution that is required under the venue statute. You have in front of you or been provided a letter we received dated september 3rd, 1998 from John sharp, will comptroller of public accounts. I'll read it. It's grassied to me. Dear Kirk, this letter is in response to your request for a determination by me as to the fiscal impact on the state of Texas from a resolution passed by the Austin City Council relating to financing a project facilitied with the Town Lake park. In accordance with the government code this letter assesses the five% motor vehicle tax that the City of Austin would have on state heavy new. Rf reviewing the impact it would have on the state motor vehicle rental tax, I have determined there would be no significant impact on state revenue. If you or your staff have any questions concerning this, it gives a contact number, sincerely, John sharp, comptroller of public accounts. You also have in front of you an ordinance that has two propositions and the motion would be for an election to be held by the City of Austin on november 3rd to authorize a venue project to be financed by the short-term motor vehicle rental tax and to authorize the leasing of parkland. There are two propositions. There would be proposition 11 and 12 on the ballot. I'm noit going to read the whole proposition. What I'm going it read is the ba ballot langed and the language on proposition 11 would be an interlineated because the draft you had earlier in the day there was a suggestion made by Councilmember Slusher to the language and we've had it reviewed by legal and so what you're seeing there is a suggested change in the language. What it would read is authorizing the City of Austin to finance, construct and develop the Town Lake park community events center venue project which includes parkland development and the construction of parking facilities and to impose a short-term motor vehicle rental tax at a maximum rate of five percent for the purpose of financing the venue project. Proposition 12 would read shall the City Council be authorized to lease for a term not to exceed 50 years, not to exceed nine and one half acres of parkland, including land under the -- under and adjacent to palmer auditorium for the purpose of the renovation of palmer auditorium as a performing arts center. The auditorium will continue to be owned by the City and will be leased to and managed by a lessee in exchange for the renovation of the facility with privately raised funds and its use for civic and performing arts purposes. At the end of the lease term the land and improvements will revert to the sole possession and control of the City. Yes, Mayor pro tem?
>>Garcia: I don't know whether this is necessary, but both in proposition 12 where you have a whole language of the proposition and in the ballot language -- I refer to the ballot language about seven lines down in line 23 actually.
>>Mayor Watson: okay.
>>Garcia: leased to and managed by lessee. I would like so that we have clarification -- we have clarification under a contract with the City of Austin so that we know we're going to have a lease contract that we have to negotiate.
>>Mayor Watson: here comes the lawyer. Mr. Brothers, do you have a comment on that?
>> Councilmember, if you recall, the reason for the ballot language, of course, is to authorize the Council to enter into a lease with a lessee. So this is just authorizing the Council and how you choose to do that, of course, this is the authority for the Council to lease it.
>>Garcia: I understand. I would like for the purpose of letting people know that this is going to be under a contract that we will be negotiating. I don't know what the lease agreement is at this time.
>> May I suggest under a lease to be negotiated then?
>>Garcia: that's fine. Under a lice to be negotiated with the City of Austin. -- Lease to be negotiated with the City of Austin. But there's no question as to what it is we're going to do. We're going to negotiate a lease agreement.
>>Mayor Watson: let me read this, Mayor pro tem, and see. I'm going to start at line 23 at the end of -- with the beginning of the sentence at the end of that line. The auditorium will continue to be owned by the City and will be leased to and managed by lessee under a lease to be negotiated with the City of Austin in exchange for the renovation of the facility with privately raised funds and its use for civic and performing arts purposes and then continue with the rest of the language.
>>Garcia: can we add the word agreement after lease?
>>Mayor Watson: Mr. Brothers, do you have any problem with that.
>> Under lease agreement to be negotiated with the City?
>>Mayor Watson: to be negotiated with the City of Austin. We can -- sure. Under a lease agreement to be negotiated with the City in exchange for the renovation of the facility. And that would need to also appear on page --.
>> And 12.
>>Garcia: on line 40, proposition 12.
>>Mayor Watson: it would be line 41, leased to and managed by the lessee under a lease agreement.
>> I can make that change.
>>Mayor Watson: okay. So Council, what you have is on page 1 of three, line 41, leased to and managed by lessee under a lease agreement to be negotiated with the City and then on page 2 of three, line 25, the same change. In addition, the election precinct, the polg places for the election provisions for early voting and all that will be provided as in the ordinance we passed 970717 a, which is the ordinance -- I'm not sure what original is any more on that. It was the ordinance that set the election for november 3rd for the bond election. Let me just say that I kind of feel like we're -- it has been an exciting night with the folks that are here and the discussion because I think we're at a point of a wonderful opportunity in Austin to create a great park, a cultural park where the City has talked for far too long. We've got a Council here that is ambitious and acts. We've got a key 54 acres that sit right on the shore of town lake. I've said before that sometimes it's better to be lucky than be good and one of the great lucky things about this City is that we have that beautiful lake that runs right through the heart of it. And we ought to be able to put the best of our desires into action. Not only are we able to talk in terms of more green space and more of what we traditionally think of as parkland, but to make it a cultural park, we have the opportunity to address some very real needs in our community concerning performing arts. We also have an opportunity for cultural activities beyond just the performing arts, but a place for people to come together with a tremendous community events center, a new community events center that is truly worthy of Austin and the people living in Austin and visiting Austin. But it's not just these parks that we talk about, green space, performing arts, community events center. It's more than that. It's a whole park that sits in the heart of our City. The other thing -- and I'll talk about that in a second. But the other thing that's wonderful is the funding mechanism. What we have here is a funding mechanism that it will be paid for predominantly from visitors to our City and it allows us to leverage private funds and I think we're getting ready to see in a very clear way the generosity of this community. I think first of all the idea that people have come forward in a generous spirit and have indicated their willing to use private funds to deal with performing arts, but I think we're getting ready to see it in full force as those funds are raced. In addition, the funding allows for continued maintenance of this wonderful park in the heart of our City. But it's important that we look at it altogether and several people have said that here tonight and I've been pleased to hear that when people talk about the value of each component to all of it. In fact, the process that's already started ties them all together. One of the phrases that got used tonight was somebody said that they ought to compliment one another and I think they will. I'm excited about what can happen in the design process too. As we were talking earlier with Mr. Bell, nothing is sacred here. Everything -- it's an opportunity for the community to really do something special and look at it all new. And nothing that we are going to vote on tonight stops us from doing that. I would encourage not just the stakeholders to be involved. This is everyone's park in Austin. And when I say stakeholders, just -- you may not have ever been to a ballet or an opera. You may not have ever gone to citywide garage sales. You may not have ever really spent a lot of downtown at that parking lot that we currently call a park. But get involved in this design process because it is your park and it's going to be something wonderful for you and generations to come. And as I mentioned a little bit earlier tonight, september 19th is the all day Citywide -- the next opportunity for that to occur and so I encourage everybody to be involved in that. I'm anticipating the Council is going to vote to put this on the ballot for november 3rd. I'm looking at the people that have been here tonight and have been working so closely together to try to build a coalition around this and say now we've got to pass it. We need to get this passed. While this is a fun, exciting, energizing night, we've got to pass this thing november 3rd and so the real work may begin tonight. I think it's great that the language of the statute calls this a venue project because I think we're getting ready to have the opportunity to create bun of the premiere venues in Texas. I can't way wait to have my kids down on more green space along auditorium shores. I can't wait to go to a new community events center. I can't wait to go into a new performing arts center. And I can't wait for that all to be tied together in one unit that serves the City so well. So it's an exciting time tonight. Any other discussion before we take a motion?
>>Slusher: Mayor, I'm sorry I didn't get this in before you gave the very fine remarks. I wanted to talk a little bit more about the ballot language on no. 11. Mr. Brothers, I keep trying to edit to where I think it reads better but I keep running into what they call the statutes, which to me means the lawyers got together sometime back and they had to write it in long, confusing sentences. Okay. It says the Town Lake community events center veen knew project, which includes parkland development and the parkland development and the construction of park facilities, so it's assumed in there that the Town Lake park community events center, that includes the community events center, so you don't need to praik that out later? so you've got the community events center, you've got development of parkland or parkland development and you've got the parking facilities. Do you see what I'm saying.
>> Yes, sir, I think I do.
>>Slusher: it's taken care of, right?
>> yes, sir. This Council has made it very clear that you want the parkland and the parking facilities included there in.
>>Slusher: okay. And then short-term there's no way we can do this short-term motor vehicle rental tax. Actually the tax is not short-term, but the tax is on short-term rentals and not long-term rentals.
>> Ren talgs of less than 30 days, yes, sir.
>>Slusher: okay.
>>Mayor Watson: I've talked with him already about that. I even at one point had in parenthesis rental cars and they took that out too.
>>.
>>Slusher: he's a tough editor,.
>> We couldn't put it on the ballot that way.
>>.
>>Slusher: thank you, Mr. Brothers.
>>Mayor Watson: anything else before we take a motion?
>>Goodman: I assume that we're all going to want to say a word or two, and I mean that literally, word or two. When does that come? should we make the motion first?
>>Mayor Watson: why don't we get a motion on the floor? do you have a motion?
>>Goodman: well, okay. With the corrections that we've just been talking about, adding the Mayor pro tem's language about under a lease agreement to be negotiated with the City of Austin, then I would move approval of the final ordinance language we have before us.
>>Mayor Watson: motion has been made. Is there a second? seconded by Councilmember Slusher. Discussion? I'll recognize Councilmember Goodman?
>>Goodman: I just wanted to say that in the past week or two a couple of people who maybe didn't know the history of all of this were talking about bouldin creek neighborhood. And so in that context I wanted to remind us all that in 1984 when united south Austin, which was the coalition of virtually every southern neighborhood in Austin other than two who just kind of kept to themselves, james Austin pinedo, remember that name, was the president of the bouldin creek neighborhood and he was the and he and the vice-president who at the time was the president of cooper land neighborhood association, further down south, my neighborhood, so I knew this guy well, came together to try to begin the initiative to make the 54 acres dedicated parkland. And they worked very hard. A lot of people went out, especially to events like aqua fest and they bugged every living person that crossed their path to get names on the petition to get it on the ballot and it did pass. After that the 1985 Town Lake plan, we showed it the other night. But I finally got a copy from stewart strong because all of mine are gone. That too was endorse and used by united south Austin and I can't remember, but I suspect anc did as well because some of their folks were also out there. So we've only been calling this parking lot a park for 13 and a half years. And I think that as Austin goes, that's really not so bad. Half laugh but I am glad that we're finally going to do it because the very important parts of that were the civic center that was for Austinites as opposed to a convention center for out of towners and the performing arts venue within the existing palmer auditorium which a lot of people think is very pretty and then tearing up asphalt and turning it back into green. So these three critical parts were very much the initiative that people undertook back in '84 and '85. And to see it come to pass is very gratifying and I did want to thank you, Mayor, for your understanding and your flexibility when it came to what is now I guess after 13 and a half years traditional south Austin neighborhood values.
>>Mayor Watson: thank you. [Applause]. Discussion?
>>Lewis: that was more than a word or two. No. I would just like to say that the people that may be listening at this time, if you allow it to be a south Austin venue and don't get involved and participate in the planning and all on the 19th of september, once it's planned, don't come back talking about why did you do something. So I would advise that this is not just a south Austin plan, but a Citywide plan. So I would hope that people get involved. Thank you.
>>Mayor Watson: thank you. Councilmember Spelman?
>>Spelman: Mayor, I realize it's my duty to say a few words, but I think maybe we should take a vote and all go home early. Earlier than it would be if I talk too much. [Laughter].
>>Mayor Watson: well put. I noticed that was your executive assistant that was clapping the hardest.
>>Garcia: I would to second Councilmember Spelman's motion.
>>Mayor Watson: any additional discussion? there being no further discussion, all those in favor say aye:opposed say no. Motion carries. Thank y'all very much. [Applause]. Now let's get it passed.
>>Lewis: now that it's on the ballot, you better make sure it passes.
>>Mayor Watson: Council, thank y'all very much. I think this is historic for Austin. Let's go back to item no. 49.
>>Garcia: Mayor? I'm going to ask that the people that are here for item 49, excuse me, while I go --.
>>Mayor Watson: everybody, I know it's exciting but if you could please move outside. Thank y'all very much.
>>Garcia: if they would excuse me while I go home and rest. I'm still --.
>>Mayor Watson: I think that would be appropriate.
>>Garcia: I'm still in the recovery period here.
>>Mayor Watson: you're hanging in there well, Mayor pro tem.
>>Garcia: the more tomorrow I have to go continue with the testing. So thank you very much.
>>Mayor Watson: thank you. Routine testing, right. Don't forget your ball. Take care. Thank you. Back to item no. 49. Folks, just so y'all know, we're at speaker 51 of 134. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record].
>>Mayor Watson: oliver franklin, do you wish to speak?
>> good evening Mayor and Councilmembers, I'm oliver franklin. I'm the director of the Texas historical foundation and I am also on the Austin history center association board and I want to thank you all very much for your at the nasty tnd for your percent veerns and for sticking around. I want to say as a person who has been in the history business for a long time, I can't tell you if I have a chance to have a beer with you or something like that, I would be happy to give you a lot of attention and time, but I know y'all don't have it. I just want to say it's really important to keep the Austin history center at the funding that was proposed by the library task force. And I'm also for the acvb funding. So thank you very much.
>>Goodman: thank you. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record] rosemary castle berry.
>> Good morning. It's been a long day. I've watched you almost all day. It's really been something. I just have a few words to say. The parks budget looks great. We're really pleased with it. Do consider that expansion of that roving leader program. I don't think there's a finer program. I got to participate in some of the activities that the summer programs provided and it was a stellar summer for kids and hopefully we can get it expanded a lot more this next summer because we'll have some more schools available to us. We ran into some problems. The basic thing that I wanted to say was we send a resolution to the parks board sent a resolution to you all regarding pay for our life guards and and for your summer temporary workers. We do -- I know you're going through an analysis of sam rees and those kinds of things, but it's real hard to compete with mcDonald's, even though we've got some real dedicated people that will work, but we can't hold them in the job long enough when you've got a couple of dollars more an hour staring at you, and this is the one issue that I think that we've got to address in the parks budget this year. Anyway, thank you.
>>Goodman: thank you.
>> Thanks for your percent veerns. [Reading registered speaker names into the record] jeff jack?
>> Councilmembers, thanks for the opportunity to come back this evening. I'm here to support the urban forestry board's request for funding for the tree survey. It's not because when I walked out of the Town Lake center the other day a big piece of the pecan tree almost fell on me, but it came close. But I think that the fact of the matter is that all of our neighborhoods would benefit from this kind of inventory. I've mentioned to the Mayor before about some other kinds of data collection that the neighborhood needs and this certainly would fit into it. I would suggest to you that, though, that instead of using the out dated sector planning designations that we actually taylor this to the neighborhood planning effort so that the data that the urban forestry gathers is public able to the neighborhood planning process. I'll pass out this resolution from the anc. I take the opportunity for just a second to also pass on to you another resolution. You know our neighborhoods are getting more technologically inno vaited. Some of our neighborhoods have 80 percent of their membership on e-mail these days and we have of computer experts in our neighborhoods and they have conveyed a real sense of urgency with regard to the y 2 k problem. We know you have the Austin 2,000 initiative underway. We would like you to make sure that the City funds this so that when the year turns in the year 2000 that we don't go blank as a City. So please consider that as put the money in there to make sure we keep up and running.
>>Goodman: thank you. I think it's a great idea about the neighborhood plan. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record].
>>Goodman: did you talk it them? did you know what they were for, was it library hours or recreation centers maybe? oh, okay. Okay. Pan am. Okay. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record] why did these guys go? -- where did these guys go? [reading registered speaker names into the record]. [Reading registered speaker names into the record].
>> Members of the Council, I am ray hendrix. I'm president of the neighborhood association at saint Johns and we are for the parks budget for the 2.1 million. I want to make a few comments. We're hoping that the services that are presently in place in st. John's be continued, namely the senior nutrition program that is going on. We feel like these residents offer a great deal to our community. They offer some models for our wisdom and also we have after school program, which is a resident owned center that parks is working out of. We are hoping that we can get some kind of continued support for that facility. And to any kind of enhancing out of this 42.1 million that we can get to help. We realize that the budget that we had for this past year, the previous year we had the same budget and we took on two other programs. And I'm not going to to say they were as efficient, but we did function. And we're just asking for -- that you all continue to help support us. We're looking for some stability in our neighborhood and I think that we're making some headway. We also are anticipating a multipurpose center and school in our neighborhood and we're thankful for what you have done to work with us on that. We're just trying to build some stability and we also have some other things going on in our neighborhood. We're working with a weed and feed program which works out of the platoon center that's going to be offering a safe haven. Also we have a road runners track club that is also in that center. And this is working with a lot of our children in our neighborhoods. We are hoping that we can, like I say, get some continued support for the projects that are in place and we've just been hearing some rumors that the seniors program may not happen, that the after school program is working in conjunction with us may not happen. We're just hoping that since we are one of the communities that are a part of it. Dwoent really have any facilities in place, but we're just asking that you all would help us keep what we do have until we can get something in place. Thank you.
>>Mayor Watson: thank you, Mr. Hendrix. [Reading registered speaker names into the record] kathy con way?
>> I'm not going to read this whole resolution. I think everybody will appreciate that. But I do want to point out some specific things. I'm here to speak on the will hampton library. And the funding of the will hampton library. And the oak hill business group was formed in 1981. In 82 during the annexation hearingings the City Council promised our area that they would not only create a library for us, but also fund that library. So we got very concerned we found out when we thought that you were going to cut some of the librarian positions and just wanted to remind you that that was one of the reasons we got people to vote for the annexation. So we want you to know that. Oolts, that will hampton, who the library is named after, is a deceased member of our organization and was a very active member in the Austin as well as the oak hill community and I think very highly thought of by all of us. So we would just like to have you seriously consider funding the library and the librarian positions for those reasons. Thank you.
>>Mayor Watson: thank you. Jeff scribner? he didn't sign up for or against. Hang on. He wrote something back here. Increasing the current funding level for the cvb. We feel it does an outstanding job in supporting and finding tourism business for Austin. [Reading registered speaker names into the record]. [Reading registered speaker names into the record] tonya gilmore? do you wish to speak.
>> I've waited this long. Yes, sir.
>>Mayor Watson: you might as well do it. Come on.
>> I was going to say eempg, but it's like late, late, late. My name is tonya gilmore and I thank you guys, the Mayor and city Council for hearing me tonight. I'm here representing the recreation center advisory board and the recreation center and parks and recreations. First I want to thank you all for not cutting the center hours last year because we didn't have the new facility during the time the budget was being done. Now our facility is up and running and it's doing great and we wanted to let you guys now that we have some success stories. We had a wonderful grand opening. We've implemented some programs. We have a weight room that's open in the morning. We're offering tiny tots program this fall. We have basketball leagues going on, volleyball leagues, both for adults and children. Our advisory board is very active in the center. We run a concession during the basketball league for children and adults. And we are implementing our own pony baseball softball league in did you have springs. And -- dof springs. Wechted to let you know what we're doing and for not cutting our hours last year. And now on a sour note, to do all these programs, they have to have staff. And we saw in the budget that the temporary employees funding was going to be cut. We're here to ask that that be reconsidered and looked at again because the majority of the people who work at the rec centers are the temporary people. They, you know, do the programs and the centers wouldn't be able to really run efficiently and effectively if the temporary employees funding was cut because then that means they wouldn't be able to hire as many or they wouldn't be able to work as many hours, so the programs wouldn't be able to run as efficiently as they do. So we would just ask that you try to find monies not to reduce the temporary employees funding. And thanks for hearing me.
>>Mayor Watson: well, thank you for staying.
>> You're welcome. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record]. [Reading registered speaker names into the record] leonard brantly?
>> Mayor, Councilmembers, thank you for allowing me to speak this evening. I'm coming to you on behalf of the road runner track club. I'm the founder and the president. I'm also put together that budget that you have that was presented to you all. The budget says that we need about 17,000, which is a whole lot less than what it would take to put one of these kids in jail and keep them housed in a home. So what we want to do and what you ought to consider, letting us do some cooperative programming with parks and recreation in our community so that we can use some of the fund to travel and get some of our equipment. It's something I wrote I just wanted to mention to you that st. John's community road runners track club has been in operation out of st. John's neighborhood for about 12 years now. The club has been supported by fund-raisers, registration fees, some businesses and a lot of prayer. And it as also -- it's been hard. There were times that we didn't know if we were going to make our next track meet. That is why we're here talking to you guys today. We're looking for any assistance that we may get in any available area. Our kids at st. John's neighborhood deserves a fair opportunity to be part of a positive experience, such as the road runners track club. In the road runners track club itself deserves an opportunity to continue to exist and have financial assistance and further support to indicatetory our glouth in the st. John's community. So we hope that you guys consider helping you had us and thank you for allowing me to speak this evening. [One moment, please] rick fagy, acvb makes good financial sense, for. Lorraine white. Lorraine white. Just signed up for. Kim little, please come forward.
>> Thank you for giving me the opportunity to speak. I'm -- I wanted to talk to you about the City Manager's and proposed cut in the youth services for the librarians and I am really coming to talk to you on behalf of my preschool age son and the children of Austin. We frequent the manchaca branch library, they've had a vacancy, children's line braen vacancy for some time now, I understand -- librarian vacancy for some time, I understand if this is passed that may be a continuing situation, what really upsets me about this, is I noticed this brand new work station for internet access that's protected and filtered work station in there. I did some inquiring and talked to some folks at the city and they told me about Austin free net and said, oh, this doesn't have anything to do with that. And I don't know what goes on behind all of the closed doors and everything, but I wanted to ask you to consider what message it's sending or exactly who the librarians are servicing because I like to go, my little boy he's three and a half, he asked me questions, I don't know the answer, I say let's go find a book at the library. The children's librarian helps us find it. Now there's no children's librarian, we can't go to story time, no fliers up about the children's books or children's authors. What am I supposed to tell my son? you know? I'm sorry, when you are 18 you can go to the library and look at dirty pictures on the internet, but the -- the library is not going to be servicing the children in this way. And so I just wanted to bring this to your attention and ask you to reconsider. I believe that the children are our future and institutions like libraries are important for things like that. And like I said, it's the message that's being sent of exactly who the library is services,.
>>Mayor Watson: thank you, chip rosenthal. Please come forward.
>> Cleo hortense lawson, you will follow Mr. Rosenthal.
>> Thank you, Mayor, thank you Council. I am chip rosenthal, I am an adjunct faculty member at the u.t. Graduate school library of information science. I also volunteer in the internet training center at the riverside library, I will be teaching e-mail saturday, if anybody wants to come call for a reservation. I would like to address the youth budget. A lot of the points have been covered already. I suspect that you have probably got them, so I will be brief and I will stick to new things. The first thing that I want to do is to thank you, I was here with a group of folks a year ago asking that we keep the riverside library open. And all of you, every one of you really came through. And you know we remember the bad stuff, I want you to know we remember the good stuff, too. We appreciate that. We also appreciate the fact that you have put a question on the bond ballot that will hopefully get us a permanent home for our library and the remaining rentals if that's approved. So again thank you. You have been told that the children's librarians are split among the libraries. Riverside has one quarter of an fte, 10 hours a week. As you can imagine, there isn't a whole lot that can be done in terms of developing any sort of collection, outreach programs, in house programs it's just very limiting. There just isn't a whole lot there to cut. I hope that you will find a way to come through for us as you did last year. Thank you.
>>Mayor Watson: thank you. Ms. Laws son. Joy ruth.
>> Well, I'm here.
>>Mayor Watson: bless your heart.
>> We -- Austin community gardens has -- hi there, how do I stay up so late? [laughter]. Austin community gardens has been around for a long time. Not as long as I have, but for quite a long time. And I have enjoyed being a part of Austin community gardens, but we have fallen on hard times. We have no funding. And we are looking for money, so we can keep going on. As a member of the harvest street garden, we are into helping the neighborhood to stay healthy, to having exercise and companionship and whatever and growing vegetables and we did a real nice job with the garden this year. And we finally did get to have water on the site. Before for about 13 years I have been dragging my hose across the street to water the garden. But I find great pleasure in gardening and the -- our neighbors enjoy it and they enjoy the fruit of our labors. So we need some money to help us go on. Now, you've seen my picture in the paper on many times, I'm always saying the gardens need money. So we are appealing to you.
>>Mayor Watson: thank you, very much ms. Lawson, ms. Ruth. Steve neimeyer.
>> I, too, have been gardening in Austin and Austin community gardens settings for about 20 years. I have gardened in -- a lot of different settings here from the main site at sunshine to black lands in East Austin. I have worked as staff, I worked as a volunteer, I have been there just as a gardener. And I am particularly interested in the therapeutic value of the gardens, I'm interested in the community building that occurs in the gardens and I enjoy working with the seniors and having them, you know, share vegetables, cook food, bring you food, share their recipes. Call and plan to get together. I have worked with children in the -- some of the school settings, oak springs, it's fun to walk into the school and have the kid run up to you, and say, "can I garden today? can I help you? I want to come work in the garden." and they -- some children really thrive in the classrooms and others don't. And they need other settings, other opportunities where they get a chance to excel. And the garden provides opportunities for some kids that they wouldn't otherwise get. I have most recently worked out in saint John's neighborhood where we have a lot of spanish speaking families, we've had pretty much spread of -- of african american families, spanish speaking families and an blow individuals, actually. And it's been wonderful to see the kind of community building and relationships that have developed across the socio-economic lines, the ethnic lines of what matters is how many fish are in the pond and how many worms are in the compost pile and it's real pleasure that comes from these activities. The gardens have been really stretched to -- we've had to lay off the staff, I've been part time staff for several years, I've been laid off. I found myself not able to quit going over there. So I am still volunteering with the gardens, but we need -- we need somebody who is a full-time staff person who can keep it altogether. What else did I want to say? I just think that the garden spots, mostly they are in east Austin, we have raised beds that the youth programs, the kids in the youth programs have built with the help of the community gardens staff. So that some of the seniors who couldn't otherwise garden can get out there and -- or mobility impaired individuals can get out there and participate. And I can't tell you how important it is for them to have that opportunity. (Buzzer sound).
>> That my time.
>>Mayor Watson: that's your time.
>> Thank you so much.
>>Mayor Watson: thank you, Mr. Neimeyer, if you need six minutes, you have six minutes.
>> Thank you, I certainly hope I don't take six minutes.
>>Mayor Watson: me, too. [Laughter].
>> I am going to cut to the chase, we are not -- I'm the president of the board of the Austin community gardens, the last time I -- the only time that I have ever added the city Council, it was cold, freezing, we were under a tent, you were going to annex my neighborhood, since then I've been annexed, I'm a voting member of the City of Austin and I'm also the president of the Austin community gardens, I just wanted to tell you --.
>>Mayor Watson: your life changed pretty dramatically didn't it?
>> what I have two things, just a listing of our programs, then because people are quantitative nowadays, you want to say why should we do programs, there's a review of a journal article about community gardens in philadelphia, which basically said yes, it is effective to have City -- the urban gardens or community gardens and they build community, they provide food and they build chun teefmt that's the middle word in our name, Austin community gardens. We are -- we exist largely due to the Texas school for the blind and visually impaired, we have our primary gardens here, we also have other gardens all over town, including one here at western trails, which is for the elderly. We have one here at the mary lee foundation, for disabled people. And we have one here at black sheer. Months intee or alamo, across from the alamo recreation center. Also one here at harvey street that Dr. Lawson just described. Also one on gaston place for elderly, in the saint John's garden that joy ruth described. These red spots here are gardens for youth through our wild scapes program. This -- there at zavala elementary, norman, pecan springs, barbara jordan, webb middle school, then Austin community nursing -- nursery. I'm sorry school. There's a letter in there from -- supporting them. Also I just want to point out, this is an old garden, used to belong to the City -- I mean to the Austin community gardens, we developed it years ago, you may have driven past it sometime over there by deep eddy. That's now funded by the City of Austin, so in short we don't have any funding, we are not in the budget. We are not listed there anywhere. I would, you know, it's late, you all want to go home. My wife is just beeped me, she wants me to come home I am sure. What we would like to do is discuss with you how we can become a part of or at least get some funding perhaps for the City of Austin. Many cities in the united states urban gardens are a part of the City budget. Or they get some support from the City. Seattle, boston, eugene, oregon, they just got a cut in eugene, only 46% of their budget from the City now, gainsville, florida. They are part of the parks and recreation department there. So I would like to really consider, ask you all for your support that you think about it, not once, not twice but hard and because what matters here are things that go to 500 elderly folks and disabled people and children. And as well to -- that's not including our sunshine site. Also 500 kids in schools we estimate. So we have a big impact here in Austin. I will leave that for you.
>>Goodman: do you happen to know what the budget amount was prior when you were getting Austin money, how much it was annually?
>> I don't think we have ever received City of Austin money, have we?
>>Goodman:, yeah, I thought so.
>> 38,000. We also received some county funding, but we had some people in our board several years ago who decided that we didn't need to get funding from the county and City anymore and the very -- they argued to get -- cut us off of funding. Please forgive me that was the old board, I am a lot smarter than that. Our board members now are a lot smarter than that, that's what happened. We sort of brought that upon ourselves. We can get all of the foundation money we want. In fact we have grants now that we can't meet the commitments because we don't have staff to do them. The trick is getting money for someone there to do the work. To support the work. That's the real tough part with a non-profit is making sure that you get money to support your staff without them having to go out and raise funds and do programs that provide some support did you bu they don't really support your whole main programs, so.
>>Goodman: yeah. I understand.
>>Lewis: Mayor, let me ask a question now. The doctor was talking about water at some of the sites. Is that water metered, do you have to pay for the water?
>> it's metered, we have to pay for it. That was one of the big objectives we had for our gardens on the east side of town was to provide water. That's our biggest expense in the summer. At our gardens is water. So our water use increases in the summer, goes down in the winter and fall. So --.
>>Lewis: all right. Thank you.
>>Mayor Watson: thank you very much. Vick mathias. Vick indicated interested in acvb budget. Varshna jackson. Signed up on behalf of stacy pools for. Roxanne bocacca, location ann, thank you all for being here tonight. Roxanne? Beverly scarborough. Beverly scarborough? holly gillman. For Austin community gardens. Ian taylor. Ian taylor.
>> Here I am.
>>Mayor Watson: please come forward.
>> Pam clayton. You will be next.
>> Hello, everybody, I thought I wasn't going to get called. But anyway I am em taylor, a saint John historian. I have some information that I know that you would be interested in and you would really consider giving us some money. In the saint John neighborhood city limits we were not even in the City limits until if ical year 1950 to 51. All right. We were promised, we have been given so many promises, but it's just like having a -- a rabbit and you are dangling a carrot to him. We don't get what we have been promised. Okay. In mid '60s we were told we were going to get our streets paved. We have six going north and south, six going east and west. It took four years starting may 1972 to 1976, for those 12 streets to get paved. If you were -- the seniors that are seniors now were working class saint Johnites. Had he they had to walk -- if they did not have cars they had to walk from saint John's to 51st by culp's grocery store to catch a ride to go -- to catch the bus to go to work. A lot of times had to stand up. Okay. What I am begging you, asking you, please, do not cut the senior program. I am a senior. A lot of times the seniors don't have anything to do if they did not have that to come and join together. We need a senior program. Everybody else, all others, other parts of Austin have a senior program. We need a senior program. Don't give it to us and then take it back. Thank you.
>>Mayor Watson: thank you, ms. Taylor.
>>Slusher: was the status of that senior program? it's not being cut, is it? I don't know where Mr. Hendricks mentioned there's rumors that's going to be cut, but I don't think anyone here is planning on doing something to it.
>> I think there was a shifting in the way we fund the meals program and what's happened is we received a grant and so that there's been a reduction in the general fund contribution, but the service level and the dollars are the same. It's just coming from a different source, that was explained to us yesterday.
>> Okay. Thank you.
>>Slusher: the saint John's multi purpose center is on the november 3rd ballot, also.
>> Thank you very much.
>>Mayor Watson: thank you for being here and for staying so late. Pam clayton.
>> Good evening, I'm here to ask you to continue your support of the acvb without any reduction. I think I would like to bring up three factors that I don't think that you have heard tonight in support of this funding. Number one, acvb is efficient. Acvb operators the lowest percent of bed tax funding of any major City in the state. Austin ranks as Texas' fourth most visited City. Austin welcomes 16 million visitors annually. Number 2, acvb is productive. Acvb maintains the only visitor center in town that is open seven days a beak, and serves more than -- a week and serves more than 500,000 people of all ethnic groups through telephone inquiries, walk-ins, advertising inquiries, the internet, visitor packet requests. Number 3, acvb offers financial benefits to the city. Acvb works with national and international press to attract visitors and media to all ethnic groups in Austin. This year along acvb has attained an unpaid media value of more than $3.5 million. In summary I think acvb is doing a good job and I ask you to continue funding them without any reduction.
>>Mayor Watson: thank you, ronney reynolds indicates he does not wish to speak, he's going to watch us on tv. He is for continued funding for acvb with no cuts. [Laughter] hello, ronnie. Janine plumber writes what are you thinking? I have just hired five new employees to accommodate the demand for information about Austin. She signed up on behalf of the Austin promise made tours. The history center -- prominade tours. It seems rather than down size it we should elevate it with pride in Austin heritage. Susan reed, do you wish to speak or just say that you are for.
>> One minute.
>>Mayor Watson: all right.
>> Mayor, Councilmembers, I'm susan Reed on the Austin library commission. I don't want to repeat anything that anybody has so eloquently said already. I just wanted to emphasize something that took me a little while to realize. And that is that the cut in children's services is proposed to be $3. --3.75 Fte, that's librarians, but I didn't realize how large of a cut that was, there's just 18 total so that's a cut of almost 20%. And librarians, as you've heard tonight, don't have these kind of jobs where efficiency is one of the main things. It's building collections, working with people, giving story hours, being there when the child walks in. And I've been around a long time and I know sometimes we have gone for centralization, sometimes we have gone for decentralization, always looking for efficiency, but cutting four librarians when you have a total of 18 is going to cause loss service for the children. And so that's one thing that I wanted to urge you to please restore that funding. The rest of the budget looks wonderful. We thank you ever so much for putting the library as one of your top 10 priorities. Nobody in living memory seems to remember a time when that had been one of the top 10 priorities. So we are terribly happy about that. I just wanted to bring up this one thing about the children's services. Thank you very much.
>>Mayor Watson: thank you, ms. Reed. Jennifer taylor burton, your organization is friends of the wading pools, didn't say for or against, but I keep tripping over a beach ball so I think I know. Oliver franklin for full funding per library task force recommendation. Cokie cola, and phone number for that I recognize as Mr. Gatti's, which we need to teach the Mayor to run faster. And chip and detail, organization gags are us, representing all good americans has indicated he's against whatever the Mayor is for. So -- [laughter] those are all of the people that have signed up to speak on item no. 49. I will entertain a motion to close the public hearing.
>> So move.
>>Mayor Watson: motion made by Councilmember Spelman, seconded by Councilmember Lewis. Any discussion? hearing none, all those in favor say aye., opposed say no., the motion carries. With the Mayor pro tem off the dias. We have closed the public hearing on item no. 49. There being no further business --.
>>Goodman: I just need to tell you that I put something into this hearing, too, so to speak, into the budget. You should all have the employee's issues that staff was kind enough to let me sponsor at e.m.s. -- I mean ers, guess what's on my mind these days, anyway so you don't lose that in all of the backup or something. Thanks.
>>Mayor Watson: There being no more business I will entertain a motion to adjourn. Motion made by Councilmember Goodman, seconded by Councilmember Slusher? any discussion? hearing none, all those in favor say aye., opposed say no., motion carries, we are adjourned thank you all very much, thanks, Council.