TY OF D AUSTIN FOUNDED 1839 Austin City Council MINUTES 1. 1:00 Ρ.Μ. November 16, 1995 Mayor Todd called the meeting to order, noting the temporary absence of Councilmembers Shea and Nofziger. Approval of Minutes for Special Called Meeting of November 1, 1995 and Regular Meeting of November 2, 1995. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 5-0 vote, Councilmembers Shea and Nofziger temporarily absent. CITIZEN COMMUNICATIONS: GENERAL 2. Mr. John Johnson, to discuss the police. Absent 3. Ms. Carol Guthrie, to discuss employee relations. 4. Ms. Barbara Rush to discuss employee relations. 5. Mr. Gus Pena, to discuss youth, housing issues, and revitalizing the economy in East Austin. 6. 7. Mr. Mike Workman, to recommend that the community observe November 16, 1995 as the Great American Smoke-Out. Mr. Joe Quintero, to discuss neighborhood crime and soup kitchen relocation. Absent ITEMS CONTINUED FROM PREVIOUS MEETING 8. 9. Approve second/third readings of Encampment Ordinance. (Mayor Bruce Todd and Ronney Reynolds) Approve second reading only on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 4-2-1 vote, Councilmembers Goodman and Shea voting "NO", Councilmember Mitchell abstaining. Approve second/third readings to amend Sections 8-16-2, 8-16-4, 8-16-5, and 8-16-6 of; the Austin City Code concerning the registration of lobbyists. (No fiscal impact.) [Recommended by Ethics Commission] (Related to Item 10) Ordinance No. 951116-A approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 5-0-2 vote, Councilmembers Mitchell and Reynolds abstaining. ORDINANCES 10. Amend Section 2-9-29 of the Austin Fair Campaign Ordinance to limit campaign contributions to candidates and political action committees involved in City's Council elections from persons, firms, and groups who either are required to register under the City's Lobbying Ordinance, or are compensated for lobbying. (No fiscal impact.) [Recommended by Ethics Commission] (Related to Item 9) Postponed to November 30, 1995 11. Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning the property locally known as the Southwest Parkway and Wier Hills Road, Case No. C14-94-0144, From P and I-RR to SF-2. FM PROPERTIES OPERATING CO. (Charles Holmes), by Strasburger & Price (Davis Armbrust). First reading on September 14, 1995; Vote 4-1-2, Goodman against and Todd and Shea absent. Second reading on October 5, 1995; Vote 4-3, Goodman, Shea and Nofziger against. Note: The recommendation to dedicate up to 30 feet of right-of-way from the centerline was withdrawn by Staff and deleted by the City Council at the first reading of the ordinance. Postponed to first meeting in January 12. Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as Rialto Boulevard, Case No. C14-94-0113, from "CS" Commercial Services to "MF-2", Multifamily Residence (low density) and "RR", Rural Residence for the 100-year floodplain along the south property line, F.M. PROPERTIES OPERATING CO. (Ernest E. Howard), by Strasburger & Price, L.L.P. (David Armbrust). First reading on November 17, 1994; Vote 4-1, Councilmember Goodman voting "no", Mayor Todd absent, and Councilmember Mitchell out of the room. Second reading on July 27, 1995; Vote 4-3, Nofziger, Goodman and Shea voting "no". (The previous conditional overlay to impose the S.O.S. requirements was removed at the second reading.) Postponed to first meeting in January 13. Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 10415-10447 Morado Circle odd numbers only and 10830 Jollyville Road, Case No. C14-95-0042, from "MF-2-CO", Multifamily Residence (low density)-Conditional Overlay (the overlay limited number of units) to "LO-CO", Limited Office-Conditional Overlay, with the provisions of the overlay as follows: (1) prohibit Medical Offices; (2) limit the development of the tract to 198,000 feet; (3) provide for striping improvements for the northbound approach to Morado Circle; and (4) limit impervious cover to 60%, CRESCENT REAL ESTATE (Randy Chappel), by Faison Store, Inc. (Will Wynn). First reading on May 25, 1995; Vote 5-0, Mitchell absent and Garcia off the dais. Second reading on October 19, 1995; Vote 5-0-1, Todd absent and Mitchell abstained. Conditions met as follows: conditional overlay incorporates conditions imposed by Council. Note: The Council approved the applicant's request to increase the allowed floor-to-area ratio on the site to 198,000 at the second reading of the ordinance. Ordinance No. 951116-B approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 14. Approve second reading of an ordinance amending Chapter 13-2 of the Austin City Code rezoning property locally known as 4544 Westgate Boulevard, Case No. C14-95-0077, from "GR", Community Commercial to "CS", Commercial Services, for the existing GR portion of the tract, except for a 57,422 square foot footprint to be zoned LI-CO, Limited Industrial Services-Conditional Overlay; the overlay will permit only CS uses and limited manufacturing; storage of hazardous materials will also be prohibited within the LI-CO footprint, BARTON RIDGE PARTNERS, LTD. (Ronald P. Brooks), by Graves, Dougherty, Hearon & Moody (Ann E. Vanderburg). First reading on September 28, 1995; Vote 5-0, Mitchell off the dais and Garcia absent). Conditions met as follows: conditions have not been met. Note: The applicant has requested the deletion of the previous condition to rollback to LI-CO if the industrial use ceases. The Staff has requested the deletion of the previous condition to prohibit the storage of all hazardous materials and prohibit only hazardous materials that require a hazardous materials permit under the Uniform Fire Code, Section 13-8, Article 7, Section 4.108 (g), and to add a new condition that limits the allowed floor-to-area- ratio to the amount already existing on the site. Applicant requests an indefinite postponement. 15. Approve second/third reading of full purpose annexation of Texas Oaks/Bilbrook. (Funding is available in the 1995-96 operating budget for required services.) Ordinance No. 951116-S approved on, motion by Councilmember Mitchell to waive the permit fees and any false alarm fees for the first two years. That we also commit to cleaning the drainage easement by April 30, 1996, and that we have staff go ahead and in writing inform the area association, in fact that all of the streets in that area meet city standards, Councilmember Goodman's second, 6-0 vote, Councilmember Nofziger off the dais. 16. Amend the Austin City Code by modifying the Basic Traffic Ordinance, Section 16-4-4(F), Speed Limits, for the installation of a 20 mph pedestrian zone on Barton Springs Road for pedestrians crossing Barton Springs Road in Zilker Park. (Funding in the amount of $21,000 for the installation of flashing lights and light controllers was included in the 1995-96 Capital budget of the Public Works Department). [Recommended by Parks Board] Ordinance No. 951116-C approved 17. Amend Chapter 2-5, Article II of the Austin City Code of 1992, as amended, by adding Section 2-520 to establish a Municipal Court Building Security Fee; and amend Ordinance No. 950911-D, the 1995-96 Fee, Rate and Charge Ordinance, to authorize the rate of $3.00 for security fee as cost of court on a defendant convicted at trial in Municipal Court. (Estimated revenue for FY 95-96 is $2,000. Future Council action is required to appropriate revenue from this fee.) Ordinance No. 951116-D approved 18. Approve first reading of a franchise agreement between Pedernales Electric Cooperative, Inc. and the City of Austin related to use of facilities in the City's rights-of-way.. (Unanticipated revenue is $71,250.) Approve first reading only Items 16 through 18 approved on Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 19. Authorize the execution and delivery of promissory notes and loan documents to the U.S. Department of Housing and Urban Development (HUD) for HUD Section 108 Loan Guarantee assistance, in an amount not to exceed $8,785,000 to develop the Central City Entertainment Center (CCEC); and authorizing submission of the financing transcript to the Texas Attorney General for approval. ((Loan funds in the amount of $8,785,000 in loan funds guaranteed by the U.S. Department of Housing and Urban Development's (HUD's) Section 108 Loan Guarantee Assistance Program) [Related to Items 22 and 98] Recommended by Housing subcommittee. Ordinance No. 951116-E approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 5-2 vote, Councilmembers Shea and Nofziger voting "NO". 20. Amend Ordinance 950911-A, the 1995-96 operating budget for the Health and Human Services Department, by increasing expenses by $58,414 and expense refunds by the same amount; and authorize one (1.0) County reimbursed Full Time Equivalent (FTE) position as per the Health Authority Interlocal Agreement with Travis County regarding county positions in specific county divisions. (Related to Item 21) Ordinance No. 951116-F approved RESOLUTIONS 21. Approve Amendment No. 7 to the Health Authority Interlocal Agreement with Travis County regarding County positions in specific County Divisions. (No fiscal impact.) [Related to Item 20] Approved Items 20 and 21 approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 22. Approve the creation of a public, non-profit corporation pursuant to Section 4A, Article 15281, Vernon's Texas Civil Statutes in connection with the Central City Entertainment Center program; approving the articles of incorporation and the bylaws thereof; appointing the initial directors, and containing other findings and provisions relating to the subject. (Related to Items 19 and 98) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second 6-1 vote, Councilmember Nofziger voting "NO". 23. Approve the selection of an underwriting team (9 firms), including four (4) national firms, two (2) regional firms, one (1) non-certified M/WBE, and two (2) certified M/WBE to provide underwriting services for the negotiated/ refunding transactions over the next two (2) years. (Payment for underwriting services will be made from proceeds of each bond sale) Motion to substitute Pryor McClendon with Grigsby Bradford, by Councilmember Mitchell, Mayor Pro Tem Garcia's second. Motion Withdrawn. Postponed two weeks to December 1, 1995 24. Authorize negotiation and execution of a renewal of the contract between the City of Austin, Travis County, and PCA Health Plans of Texas, Inc. for the provision of health care services to Texas Department of Human Services Aid to Families with Dependent Children related Medicaid recipients by the Austin/Travis County Health and Human Services Department, for the period October 31, 1995 to August 31, 1996, with one (1) twelve (12) month extension option. ($2,260,051 in Medicaid revenue was included in the 1995-96 Federally Qualified Health Center (FQHC) operating budget.) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second 6-0-1 vote, Councilmember Mitchell abstaining. 25. Authorize negotiation and execution of an amendment to increase the contract with PCA Health Plans of Texas, Inc., for medical services provided to Health and Human Services Department Medical Assistance Program (MAP) clients, in an amount not to exceed $850,500 for a total contract amount not to exceed $1,701,000; and increase first 12-month extension option by $746,100 for a first extension option amount not to exceed $1,492,200; and increase the second 12-month extension option amount by $908,600 for a total second extension amount not to exceed $1,817,200, for a total amount not to exceed $5,010,400. (Funding is available in the 1995-96 operating budget for the Health and Human Services Department. Funding for the renewals is contingent upon approval in future years budgets.) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second 6-0-1 vote, Councilmember Mitchell abstaining. Aviation (Items 26-28) 26. Authorize acceptance of grants from the Federal Aviation Administration (FAA) for FAA Airport Improvement Program (AIP), Noise Program, and/or Military Airports Program (MAP)in the amount not to exceed $35,000,000 for the Austin-Bergstrom International Airport for the fiscal year ending 1995-96. (FAA grant reimbursement will apply to projects approved by Council in the 1993-94 and the 1994-95 Capital budgets. Grant funds will be placed in the New Airport Construction Fund.) Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 5-0 vote, Councilmembers Mitchell and Reynolds off the dais. 27. Approve Supplemental Amendment No. 6 with MAXIM TECHNOLOGIES, Austin, Texas, to continue services for geotechnical investigations and environmental monitoring in support of the development of the new Austin-Bergstrom International Airport, in the amount of $400,000, for a total contract not to exceed $1,750,000. (Funding was included in the 1994-95 Capital Budget for the Aviation Department. This project is eligible for future FAA reimbursement at 75% of eligible costs.) DBE Subconsultant participation: 20% (5% MBE/ 15% WBE). [Reviewed by Airport Advisory Board.] Approved 28. Approve execution of a twelve (12) month service agreement with THE PORTER COMPANY, Manchaca, Texas, to provide large Heating, Ventilation, Air Conditioning (HVAC) system maintenance at Austin-Bergstrom International Airport, in an amount not to exceed $175,440 with two (2) additional twelve (12) month extension options in the amount not to exceed $175,440 per extension, for a total amount not to exceed $526,320. (Funding is available in the 1995-96 operating budget of the Aviation Department. Funding for the extensions options is contingent upon funding availability in future budgets.) Low bid of six (6). DBE Subcontractor participation: 30.5% (.5% MBE, 30% WBE). Approved 29. Approve change order No. 4 to AUS-TEX PLUMBING, HEATING AND AIR CONDITIONING, INC., Austin, Texas for air-conditioning system improvements at the Walnut Creek Wastewater Treatment Plant administration and operations buildings, in the amount of $1,846, for a total contract amount of $456,545.80 (Funding was included in the 1991-92 Capital budget of the Water and Wastewater Utility) No M/WBE subcontracting opportunities were identified. (Recommended by the Water and Wastewater Commission). Approved Items 27 through 29 approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 30. Approve execution of a twelve (12) month contract with MOTOROLA COMMUNICATIONS & ELECTRONICS, INC., Austin, Texas, for the maintenance of 334 Mobile Data Terminals (MDT) installed in Police Department vehicles, in an amount not to exceed $127,614. (Funding is available in the 1995-96 operating budget of the Austin Police Department.) Sole Source. No M/WBE Subcontracting opportunities were identified. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 5-0-1 vote, Councilmember Reynolds abstaining, Councilmember Nofziger off the dais. 31. Authorize an Interlocal Agreement with Williamson County for the purpose of providing emergency medical services to areas of the City that are contiguous to Highway 183 North and FM 620, north of Hunter's Chase Boulevard, in the amount of $65,000. (Funding in the amount of $56,875 is available in the 1995-96 operating budget of the Emergency Medical Services Department. Funding for remaining period is contingent upon available funding in future budgets.) Approved 32. Authorize execution of an Interlocal Agreement with Travis County for an out of hospital emergency medical practice covering all of Travis County for the purpose of providing a unified system of medical direction to the City's Emergency Medical Services Department, the Austin Fire Department and to Travis County First Responders, in the amount of $50,000. (Funding is available from Travis County.) Approved 33. Approve a five (5) year lease for a 1,445 square foot facility for an Emergency Medical Services Unit located at 5823 Berkman Drive in the Windsor Village Shopping Center, in the amount of $86,700. (Funding in the amount of $14,450 is available in the 1995-96 operating budget of the Emergency Medical Services Department. Funding for the remaining lease payments is contingent upon available funding in future budgets.) Approved 34. Approve execution of a twelve (12) month supply agreement with FURROW BUILDING MATERIAL, Austin, Texas, for the purchase of lumber supplies used in the maintenance and repair of City facilities, in the estimated amount of $71,094.14 with two (2) twelve (12) month extension options in the estimated amount of $71,094.14 per extension, for a total estimated amount of $213,282.42. [Funding in the amount of $65,169.61 is available in the 1995-96 operating budget of the user departments. Funding for the remaining one (1) month, $5,924.53, of the original contract and the extension options is contingent upon available funding in future budgets.] Low bid of two (2). No M/WBE Subcontracting opportunities were identified. Approved 35. Approve execution of a twelve (12) month service agreement with AUS-TEX BODY & FRAME INC., Austin, Texas, for wrecker/towing services of City vehicles (police patrol sedans, EMS units and Fire apparatus), in an amount not to exceed $75,000 with two (2) twelve month extension options in an amount not to exceed $75,000 per extension, for a total amount not to exceed $225,000. [Funding in the amount of $68,750 are available in the 1995-96 operating budget of the Fleet Services Division. Funding the remaining one (1) month of the original contract and the extension options are contingent upon available funding in future budgets.] Low bid of four (4). No M/WBE subcontracting opportunities were identified. Approved 36. Approve ratification of the following contracts through the State of Texas Cooperative Purchasing Program with PERMIAN AUTOS, INC., Crane, Texas, in the amount of $962,284; MAXWELL CHRYSLER/PLYMOUTH/DODGE/JEEP/EAGLE, LTD., Austin, Texas, in the amount of $783,990; ORANGE FORD/LINCOLN/MERCURY, Orange, Texas, in the amount of $277,010; LEIF JOHNSON FORD TRUCK CITY, Austin, Texas, in the amount of $247,516; HENDRIX GMC TRUCKS, INC., Austin, Texas, in the amount of $344,536; SOUTHWAY FORD, INC., San Antonio, Texas, in the amount of $245,102.,25; ALLEN SAMUELS NORTH LOOP DODGE, Fort Worth, Texas, in the amount of $342,941.55; HILLTOP FORD, Dennison, Texas, in the amount of $265,308, for the purchase of various types of trucks, utility vehicles, sedans, vans and cabs and chassis, for a total amount of $3,468,687.80. (Funding in the amount of $950,246.29 was included in the 1995-96 Capital Budget for the Electric Utility Department; the remaining $2,518,441.51 is available from various departmental funds.) Approved Items 31 through 36 approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second 7-0 vote. 37. Approve negotiation and execution of a twelve (12) month contract with NATIONSBANK, N.A. (NCNB), Austin, Texas to provide loans for residential energy conservation improvements, in an amount not to exceed $667,557 with four (4) twelve (12) month extension options in an amount not to exceed $667,557 per extension option for a total amount not to exceed $3,337,785. [Funding in the amount of $667,557 is included in the 1995-96 Conservation Rebates and Incentives Budget of the Environmental and Conservation Services Department. Funding for the extension options is contingent upon future budgets.] Sole proposal. No M/WBE subcontracting opportunities were identified. (Recommended by Resource Management Commission). Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 6-0-1 vote, Councilmember Reynolds abstaining. 38. Approve execution of a six (6) month service agreement with WEATHER-RITE, (MBE/MH), Austin, Texas, for weatherization and noise abatement services for residents of the Holly Street Power Plant neighborhood, in an amount not to exceed $275,000 with the option to extend for one (1) six (6) month period in an amount not to exceed $275,000, for a total amount $550,000. (Funding in the amount of $275,000 is available in the 1995-96 Conservation Rebates and Incentives Fund. Funding for the extension option is contingent upon available funding in future budgets.) Low bid of three (3). No M/WBE subcontracting opportunities identified. Recommended by the Resource Management Commission. Approved 39. Approve Change Order No. 7 to contract with AUSTIN FILTER SYSTEM, Austin, Texas for drainage improvements to the Shoal Creek Greenbelt, in the amount of $16,520, for a total contract amount of $264,302.80. (Funding is available in the 1995-96 Special Revenue Fund of the Fire Department, General Government Flood Repairs).) No M/WBE Subcontracting opportunities were identified. Approved 40. Authorize payment to the Austin Independent School District (AISD) for preparation of meals for the grant funded Senior Support Services Program, in the amount not to exceed $207,000. (Funding is available in 1995-96 Special Revenue Fund of Parks and Recreation Department.) Approved 41. Approve an Interlocal Agreement with Austin State School for use of their indoor pool and Aquadome, to accommodate indoor swimming programs for the Adaptive Programs, Special Olympics, Arthritis Foundation and Water Aerobics for Senior Citizens classes, in the amount of $10,000. (Funding is available in the 1995-96 operating budget of the Parks and Recreation Department.) [Recommended by Parks Board] Approved 42. Approve negotiation and execution of a ten (10) year revenue contract with TEXAS SPECIAL, for the Miniature Train Concession at Zilker Park, for an estimated annual revenue of $51,183, for an estimated total revenue of $511,830, with the option to extend for two (2) additional five (5) periods with an estimated revenue of $255,915 per extension, for a total estimated revenue of $1,023,660. 25% MBE, 15% WBE Subcontractor participation. Recommended by Housing subcommittee. Approved 43. Approve Change Order #9 to CONSTRUCTORS & ASSOCIATES, Austin, Texas, for a gymnasium curtain divider and cabinetry work as part of the new Zaragoza Recreation Center Project, in the amount of $15, 062.51, for a total contract amount of $2,500, 091.54. (Funding is available in the 1994-95 amended Capital Budget of the Parks and Recreation Department.) 11.27% MBE, .68% WBE Subcontractor participation. Approved 44. Ratify execution of the Temporary Trackage Use Agreement between the City of Austin, Capital Metropolitan Transportation Authority, and FOX 2000 Pictures, a division of Twentieth Century Fox Film Corporation, for use of a portion of the Giddings to Llano Railroad right-of-way. (All costs to be paid by Fox 2000 Pictures). Approved 45. Approve a temporary street closure application from THE TEXAS BREWER'S FESTIVAL for temporary closure of the 100-200 blocks of West 4th Street and the 300-400 blocks of Colorado Street for a microbrewery festival to be held on November 18 and 19, 1995. (The $100 street closure fee will be paid by the applicant.) Approved 46. Approve temporary street closure application from French Smith of OLD STREET PRODUCTIONS, for the temporary closure of E. 6th Street from Brazos to Red River, and Trinity Street form E. 5th Street to E. 7th Street, Neches Street from E. 5th Street to E. 7th Street, San Jacinto Boulevard from E. 5th Street to E. 7th Street, and for a Victorian Christmas Festival, from 2:00 a.m. on November 25, 1995 to 3:00 a.m. on November 27, 1995. (The $200 street closure fee paid by applicant) Approved 47. Approve execution of a twelve (12) month supply agreement with AUSTIN CRUSHED STONE COMPANY, INC., Austin, Texas, for the purchase of crushed limestone used in street surface improvements by the Street and Bridge Division, in an amount not to exceed $38,600 with two (2) twelve (12) month extension options in an amount not to exceed $38,000 per extension, for a total amount not to exceed $115,800. (Funding in the amount of $35,383.33 is available in the 1995-96 operating budget of the Transportation Fund of the Public Works and Transportation Department. Funding for the remainder of the contract and the extension options is contingent upon available funding in future budgets.) Low bid of three (3). 10% MBE, 0% WBE Subcontractor participation. Approved 48. Approve negotiation and execution of an amendment to an existing agreement with CAPITOL AGGREGATES, LTD., Austin, Texas, for the disposal of construction material by the Public Works and Transportation Department on land owned by Capitol Aggregates, Ltd. (Capitol Aggregates agrees to allow the Department of Public Works and Transportation to use the property at no cost. Public Works will be responsible for conducting soil testing at an estimated cost of $40,000. Funding is available in the 1995-96 Operating Budget for the Department of Public Works and Transportation). Approved 49. Approve execution of a twelve (12) month supply agreement with KOCH MATERIALS COMPANY, Austin, Texas, for the purchase of asphalt emulsion used in street re-surfacing projects, in an amount not to exceed $542,304 with two (2) twelve (12) month extension options in an amount not to exceed $542,304 per extension, for a total amount not to exceed $1,626,912. (Funding in the amount of $497,112 is available in the 1995-96 operating budget of the Transportation Fund of the Public Works and Transportation Department. Funding for the remainder of the contract and the extension options is contingent upon available funding in future budgets.) Single bid. No M/WBE Subcontracting opportunities were identified. Approved 50. Authorize negotiation and execution of agreement with NORTHWEST TRAVIS COUNTY MUD #1 and SLC HOLDINGS, LDT., a Texas Limited Partnership, to provide terms and conditions for pass-through wastewater service to the 36-acre tract known as the Estates of Brentwood. (Cost of connection and construction of main extensions to be paid by the customer. The Utility would receive annual revenue for 96 residential homes based on current rates and from assessment of Capital Recovery Fees (CRF) [at full build-out, $201,120 in CRFs and approximately $24,307.20 annually in wastewater billing and $22,210.56 annually in water billing.]). This revenue was not included in the 1995-96 budget) [Recommended by Water and Wastewater Commission] Approved 51. Approve negotiation and execution of an agreement for wholesale wastewater service between the City of Austin, Northwest Travis County Municipal Utility District #2 and Technology Hydraulics, Inc., and Settlement of contested cases at the Texas Natural Resource Conservation Commission related to Northwest Travis County municipal Utility District #2's and Technology Hydraulics, Inc.'s wastewater discharge permit renewals. [The Utility will receive a total of $314,800 in "Readiness to Serve Charges," which can be paid over a five year period, in an estimated annual amount of $62,960 plus interest, in addition to wastewater revenue from actual quantities discharged to Austin billed at Council approved wholesale rates (as estimated in the Agreement for the first year at $1.40 per 1,000 gallons). The estimated revenue was not included in the 1995-96 Water and Wastewater Utility budget.] (Recommended by Water and Wastewater Commission). Approved 52. Approve a construction contract award to SALAS TRUCKING AND EXCAVATION (MBE/MH), Austin, Texas, for Wastewater Improvements on North Lamar and McNeil Road, in the amount of $139,040.05. (Funding was included in the 1991-92 Capital budget of the Water and Wastewater Utility.) Low bid of six (6). 10.4% MBE, 8.1% WBE Subcontractor participation. (Recommended by Water and Wastewater Commission) Approved 53. Approve a construction contract award to SALAS TRUCKING & EXCAVATION (MBE/MH), Austin, Texas, for construction of the West 7th and Hearn Street Wastewater line, in the amount of $238,825. (Funding was included in the 1991-92 Capital budget of the Water and Wastewater Utility.) Low bid of five (5). 5.87% MBE, 4.55% WBE Subcontractor participation. (Recommended by the Water and Wastewater Commission) Approved 54. Approve a construction contract award to SCHROEDER CONSTRUCTION COMPANY, Austin, Texas, for construction of the River Oaks Water and Wastewater Improvements, in the amount of $1,356,042.15. (Funding in the amount of $1,282,167.15 was included in the 1995-96 Capital budget and $73,875 was included in the 1991-92 Capital budget of the Water and Wastewater Utility.) Low bid of five (5). 9.26% MBE, 4.28% WBE Subcontractor participation. (Recommended by the Water and Wastewater Commission). Approved 55. Approve Change Order #2 to HAEGELIN CONSTRUCTION COMPANY, INC., Austin, Texas, for the construction of fifteen (15) service extensions along the Ganymede Drive south right-of-way and field verification of existing utilities, as part of the Ganymede Drive Wastewater Improvements Project, in the amount of $28,818.70, for a total contract amount of $714,654.04. (Funding was included in the 1994-95 Capital budget of the Water and Wastewater Utility.) 12.49% MBE, 1.04% WBE Subcontractor participation. (Recommended by Water and Wastewater Commission) Approved 56. Approve a construction contract award to ENVIRONMENTAL DRILLING SERVICES., INC., Austin, Texas for Groundwater Monitoring Well Systems at the Hornsby Bend Wastewater Treatment Facility, in the amount of $45,263. (Funding was included in the 1993-94 Capital Budget of the Water and Wastewater Utility.) Low bid of three (3). 10% MBE, 5% WBE Subcontractor participation. (Recommended by Water and Wastewater Commission) Approved 57. Authorize negotiation and execution of Supplemental Amendment No. 1 to the professional services agreement with CH2M-HILL, INC., Austin, Texas for additional Phase 1 preliminary engineering services (computer modeling of two water transmission lines and identification of final pipeline alignments) as per Safe Drinking Water Act, in the estimated amount of $133,000 for a total contract amount of $882,575. (Funding was included in the 1995-96 capital budget of the Water and Wastewater Utility.) 12% MBE, 17% WBE Subcontractor participation. (Recommended by Water and Wastewater Commission.) Approved 58. Authorize the filing of eminent domain proceedings to acquire parcel of land containing 107.744 acres out of the Santiago Del Valle Ten League Survey in Travis County, Texas, owned by Thomas C. Steiner, Jr. as Independent Executor of the Estate of Viola Strosser Steiner, Deceased, and as Trustee of the Testamentary Trusts created under the Will of Viola Strosser Steiner, Deceased, for the Land Acquisition Program, New Austin Airport at Bergstrom Project. (Appraised value is $694,000.) Approved 59. Authorize negotiation and execution of a contract for the Fair Housing and Tenant Counseling Program with the Austin Tenants Council, in an amount not to exceed $195,000 with two (2) twelve (12) month extension options, in an amount not to exceed $195,000, for a total not to exceed $585,000. [Funding is available in the 21st Year (1995-96) Community Development Block Grant (CDBG) funds; funding for the extension options is contingent upon available CDBG funding in future years.] Sole proposal. Due to Federal guidelines, M/WBE Subcontractor participation percentages cannot be determined at this time. Recommended by Housing Subcommittee. Approved 60. Set a public hearing on a proposed amendment to the City's 1995 Community Development Program and to consider a revised Consolidated Plan adding a new program (East 11th and 12th Street Redevelopment Program) funded through the U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee Program; and direct the City Manager to notify the community of the proposed amendment as provided for in the City's Citizen Participation Plan, as required under Chapter 373 of the Texas Local Government Code) (Suggested date and time: December 14, 1995 at 6:30 p.m.) [To be reviewed by Housing Subcommittee on November 14, 1995] Approved Items 38 through 60 approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. ITEMS FROM COUNCIL 61. Set a public hearing on a proposed amendment to the City's 1995 Community Development Program and consider a revised Consolidated Plan reprogramming $500,000 from 1994 and prior years for additional public facilities and public services; and direct the City Manager to notify the community of the proposed amendment as provided for in the City's Citizen Participation Plan, as required under Chapter 373 of the Texas Local Government Code. (Suggested date and time: December 14, 1995 at 5:00 p.m.) [Councilmembers Eric Mitchell and Jackie Goodman] Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second 6-0-1 vote, Councilmember Mitchell abstaining. 62. Set a public hearing on a proposed amendment to the City's 1995 Community Development Program and consider a revised consolidated Plan to amend the 21st Year Community Development Block Grant (CDBG) budget to allocate $275,000 for the annual operating expenses of the Austin Revitalization Authority (ARA); and direct the City Manager to notify the community of the proposed amendment as provided for in the City's Citizen Participation Plan, as required under Chapter 373 of the Texas Local Government Code. (Suggested date and time: December 14, 1995 at 5:30 p.m.) [Councilmember Eric Mitchell] Motion to call the question on items 62 and 94 and to close the public hearing, item 93, by Councilmember Mitchell. Substitute motion to add four neighborhoods for representation on the ARA Board, by Councilmember Reynolds. No second. NOTE: Question was inappropriate at the time, no motion was yet offered to call the question on. Motion to approve recommendations for items 62 and 94 with the condition that the following four neighborhoods be afforded representation on the ARA Board: Blackshear Neighborhood Assn., Guadalupe Neighborhood Assn., Chestnut Hill Neighborhood Assn. and Robertson Hill Neighborhood Assn., by Mayor Pro Tem Garcia, Councilmember Shea's second. Friendly amendment by Councilmember Shea for the ARA to be a public non-profit association instead of a private non-profit association. NOTE: It was determined that this amendment was not needed. No formal withdrawal or non-acceptance of the amendment was given. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 6-0 vote, Councilmember Nofziger off the dais. 63. Appoint Mayor Pro Tem Gus Garcia the official delegate for the City of Austin to the National League of Cities. (Mayor Bruce Todd) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 64. Approve adding Chapter 15-9 to the City Code of the City of Austin, providing for the promotion and protection of trees on public property. (Mayor Pro Tem Gus Garcia and Councilmember Michael "Max" Nofziger) Postponed for two weeks to December 1, 1995. 65. Amend Chapter 8-3, Alcohol Consumption, and Section 10-1-19, Glass Containers, of the City Code, by adding a designated Area 5, east of I.H. 35 bounded by I.H. 35, Cesar Chavez, Chicon and East 12th Street, as an area in which alcohol consumption and glass containers are prohibited. (Councilmember Eric Mitchell, Mayor Pro Tem Gus Garcia and Councilmember Ronney Reynolds) Postponed two weeks 66. Approve the creation of the Street Closure Task Force to consider issues involving temporary closure of public streets for private purposes. (Councilmember Michael "Max" Nofziger and Mayor Pro Tem Gus Garcia) Approved with Councilmember Reynolds' recommendation to have two representatives per Councilmember instead of one, as it relates to the street closure, on Mayor Pro Tem Garcia's motion, Mayor Todd's second, 6-0-1 vote, Councilmember Mitchell abstaining. 67. Direct the City Manager to report on public safety, health and environmental concerns related to a proposal to transport gasoline and related products through a pipeline in south Austin, and examining the need for spill containment and evacuation plans along with any options for public comment on the issue. (Councilmembers Brigid Shea and Michael "Max" Nofziger) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 68. Approve a resolution revising the City's Energy Efficiency Program Guidelines for Commercial Programs to establish rebate limits of $100,000 for existing structures and $150,000 for new construction projects. (Councilmembers Brigid Shea and Michael "Max" Nofziger) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 6-0-1 vote, Councilmember Mitchell abstaining. 69. Approve a resolution to support and assist the University of Texas at Austin in hosting the National Issues Convention, to be held January 18-21, 1996, sponsored by the University of Texas at Austin and the nation's Presidential Libraries in association with the Public Broadcasting Service. (Mayor Bruce Todd and Mayor Pro Tem Gus Garcia) Approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 70. Approve an ordinance restricting the carrying of firearms on City property. (Mayor Bruce Todd and Mayor Pro Tem Gus Garcia) Ordinance No. 951116-R approved on, Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 7-0 vote. 71. Approve social services contract amounts as recommended by the Community Action Network Funding Committee. (Mayor Pro Tem Gus Garcia and Councilmember Jackie Goodman) Approved with amendment by Mayor Todd, that recommended dollar amount comes back in front of us within 2 weeks, if possible, to make sure that the Ryan White money is funded on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. 4:00 Ρ.Μ. - ZONING HEARINGS AND APPROVAL OF ORDINANCES 72. C14-90-0021 - PRESBYTERIAN CHURCH OF THE HILLS (Frank Boswell), by Gele & Associates (Stephen Gele), 11672 Jollyville Road. Restrictive Covenant Amendment. Planning Commission Recommendation: To Approve amendment. Postponed to December 14, 1995 73. C14-83-330 - ROBERT A. BRODE, by L.M. Holder III, 9609 Beck Circle. Restrictive Covenant Termination. Termination. Approved Planning Commission Recommendation: To Approve 74. C14-83-330(DE) - ROBERT A. BRODE, by L.M. Holder III, 9609 Beck Circle. Site Plan Deletion. Planning Commission Recommendation: To Approve site plan deletion. Ordinance No. 951116-G approved 75. C14-95-0080 - PLAQUES PLUS (Nanci MacFarland), by Bobby R. Taylor Law Office (Bobby Taylor), 1518 West Koenig Lane. From SF-3 to LR. Planning Commission Recommendation: To Grant LR, Neighborhood Commercial, zoning subject to: (1) allow General Retail Sales (convenience) and the range of LO, Limited Office uses permitted in the LR district; (2) dedication of 10 feet of right-of-way from the front property line; and (3) rollback to LO, should the retail use cease for more than 90 days. Approve first reading only 76. C14-95-0111 - BEN WHITE BLVD. NO. 1 LTD. (Herman Neusch), by Carson Planners (Bill Carson), 6010 to 6210 Daffodil Drive. From LO & SF-3 to CS. Planning Commission Recommendation: To Grant CS, Commercial Services, subject to prohibit access to Daffodil Drive until street is improved to meet commercial street standards. Approve first reading only 77. C14-95-0114 - RECORDING FOR THE BLIND (Linda Rose Klar), by LZT Architects (Herman Thun, Jr.), Northeast corner of West 45th Street and Burnet Road. From UNZ to LO. Planning Commission Recommendation: To Grant LO, Limited Office, zoning as requested. Ordinance No. 951116-H approved 78. C14-95-0120 - ST. GEORGE'S EPISCOPAL CHURCH (John Rickard), by Rust Lichliter/Jameson (Lauretta Dowd), 4301 North IH-35 NB. From SF-2 to NO. Planning Commission Recommendation: To Grant NO, Neighborhood Office, zoning as requested. Ordinance No. 951116-1 approved 79. C14-95-0121 - CITY OF AUSTIN-PLANNING & DEVELOPMENT, 1309 & 1403 Slaughter Lane West, 9606, 9608, 9700, 9702, 9704, 9706 & 9800 Swansons Ranch Road. From DR & SF-2 to SF-1 & RR. Planning Commission Recommendation: To Grant SF-1, Single Family Residence (large lot) for Tract 2; RR, Rural Residence, zoning for Tract 3; and Tract 1 to remain zoned SF-2, Single Family Residence (standard lot). Ordinance No. 951116-J approved 80. C14-95-0122 - CITY OF AUSTIN-PLANNING & DEVELOPMENT, 1301, 1303 & 1309 Slaughter Lane West; 9607, 9609, 9701, 9703, 9705, 9707, & 9709 Swansons Ranch Road; and 9800 David Moore Road. From DR & SF-2 to SF-1 & RR. Planning Commission Recommendation: To Grant SF-1, Single Family Residence (large lot), zoning for Tract 2; RR, Rural Residence, zoning for Tract 3; and Tract 1 to remain zoned SF-2, Single Family Residence (standard lot). Ordinance No. 951116-K approved 81. C14-95-0123 - CITY OF AUSTIN-PLANNING & DEVELOPMENT, 1201 & 1205 Slaughter Lane West; 9412, 9414, 9500, 9502, 9508, 9600, 9602, 9604, 9606, & 9702 Chisholm Trail. From DR & SF-2to SF-1 & RR. Planning Commission Recommendation: To Grant SF-1, Single Family Residence (large lot), zoning for Tract 2; RR, Rural Residence, zoning for Tract 3; and to maintain SF-2, Single Family Residence, zoning on Tract 1. Further subject to deleting the upholstery shop tract at the southwest corner of Chisholm Trail and W. Slaughter Lane. Ordinance No. 951116-L approved 82. C14-95-0124 - CITY OF AUSTIN-PLANNING & DEVELOPMENT, 1115 Slaughter Lane West; 9401, 9415, 9417, 9501 & 9503 Chisholm Trail. From DR & SF-2 to SF-1 & RR. Planning Commission Recommendation: To Grant SF-1, Single Family Residence (large lot), zoning for Tract 2; RR, Rural Residence, zoning for Tract 3 and Tract 1 to remain zoned SF-2, Single Family Residence (standard lot). Ordinance No. 951116-M approved 83. C14-95-0150 - JOHNSON'S CAR WASH (Bob Johnson), by Renee Blanks, 10401 Jollyville Road. From LO-CO to LO. Planning Commission recommendation: To grant LO-CO Limited Office-Conditional Overlay, with an amended overlay. The amended conditional overlay limits the following: (1) a maximum of one driveway off of Jollyville Road; and (2) uses shall be restricted to parking lot uses. Applicant is requesting a postponement to December 14, 1995. Items 72 through 83 approved on Mayor Pro Tem Garcia's motion, Councilmember Mitchells second, 7-0 vote. TO BE HEARD BY PLANNING COMMISSION 11-14-95, RECOMMENDATION TO FOLLOW 84. C14-95-0170 - BRADFIELD & CUMMINS II, LTD. (Tom W. Bradfield), by Sarah Crocker, Consultant, 1059 to 1065, 1101 to 1127, & 1201 to 1233 South Mopac NB Expressway; 2960 Barton Skyway; and 1100 to 1130 & 1200 to 1220 Spyglass Drive. From LO to GR. Planning Commission Recommendation: Forward to City Council without a recommendation. Ordinance No. 951116-N approved 85. C14-95-0171 - BRADFIELD & CUMMINS II, LTD. (Tom W. Bradfield), by Sarah Crocker, Consultant, 1401 to 1439 & 1501 to 1519 South Mopac NB Expressway; and 2941 to 2989 Barton Skyway. From LO to GR. Planning Commission Recommendation: Forward to City Council without a recommendation. Ordinance No. 951116-0 approved 86. C14-95-0172 - BRADFIELD & CUMMINS II, LTD. (Tom W. Bradfield), by Sarah Crocker, Consultant, 1901 South Mopac NB Expressway. From LO to GO-MU. Planning Commission Recommendation: Forward to City Council without a recommendation. Ordinance No. 951116-P approved Motion to close hearing on, Mayor Pro Tem Garcia's motion, Councilmember Nofziger's second, 7-0 vote. Items 84 through 86 approved on Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. PUBLIC HEARING AND APPROVAL OF ORDINANCES/RESOLUTIONS 87. 4:30 P.M. - Public hearing and approval of a street name change from FRED EBY JR LANE to EBY LANE (from the intersection of Tortuga Trail and Fred Eby Jr. Lane westerly to the intersection of Fred Eby Jr. Lane and Hurlock Drive.) (No fiscal impact Processing fee has been paid by the requester. Street sign fees will be paid by the requester upon passage of the ordinance.) Ordinance No. 951116-U motion to close public hearing and to approve on, Councilmember Mitchell motion, Councilmember Goodman's second 6-0 vote, Councilmember Reynolds temporarily absent. 88. 4:45 P.M. - Public hearing on full purpose annexation of Maple Run MUD. Motion to close public hearing on Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 6-0 vote, Councilmember Reynolds temporarily absent. 89. 5:00 Ρ.Μ. - Public hearing on full purpose annexation of the Mount Bonnell area. Motion to close hearing on Councilmember Nofziger's motion, Mayor second, 6-0 vote, Councilmember Reynolds temporarily absent. Pro Tem Garcia's 90. 5:15 Ρ.Μ. - Public hearing and approval of a permanent use agreement of. 107 acre (4,680 square feet), to allow the construction of an underground electric line in the Gaines Creek section of the Barton Creek Wilderness Park in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code. (Recommended by Parks Board). Motion made to close hearing and approve item on, Mayor Pro Tem Councilmember Mitchell off the dais, Councilmember Reynolds temporarily absent. 91. 5:30 Ρ.Μ. - Public hearing and approval of a permanent use agreement and a temporary construction use agreement to allow the construction of a fiber optic telecommunications cable through the dedicated parkland known as Town Lake, in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code. (Recommended by the Parks Board). Motion made to close hearing and approve item on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 4-0 vote, Councilmembers Mitchell and Shea off the dais, Councilmember Reynolds temporarily absent. 92. 5:45 Ρ.Μ. - Public hearing and approval of a permanent use agreement of a 015 acre out of South Austin Senior Activity Center, for use as a right-of-way for the future expansion of Manchaca Road in accordance with Sec. 26.001 of the Texas Parks and Wildlife Codes. (Recommended by Parks Board.) Motion to close hearing and approve item on, Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 7-0 vote. 93. 6:30 Π.Μ. - Public hearing on Austin Revitalization Authority. (Councilmember Eric Mitchell) Motion to close hearing on, Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 6-0 vote, Councilmember Nofziger off the dais. 94. Approve a resolution authorizing negotiation and execution of a contract with the Austin Revitalization Authority (ARA) to carry out the activities identified in the City's "East 11th and 12th Street Redevelopment Program" funded through the U.S. Department of Housing and Urban Development's Section 108 loan guarantee program, contingent upon approval of a revised consolidated plan. (Councilmember Eric Mitchell) Approved with an amended resolution to include an additional recital: WHEREAS, the board of directors of the ARA has agreed to expand its membership by four members to include a representative selected by each of the following neighborhood associations: Blackshear, Chestnut Hill, Robinson Hill and Guadalupe, on, Mayor Pro Tem Garcia's motion, Councilmember Shea's second, 6-0 vote, Councilmember Nofziger off the dais. EXECUTIVE SESSION (No Public Discussion on These Items) Executive session held at 5:35 to 6:20 p.m. on items. Executive session held on the morning of this date on all other items. The City Council will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation and personnel matters as specifically listed on this agenda. The City Council may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Pending/Contemplated Litigation - Section 551.071 95. Discuss John Ross, et al, v. City of Austin, Cause No. 95-12853, in the 201st District Court of Travis County, Texas. 96. Discuss James G. Monahan, Maple Run Joint Venture and S.R. Ridge Limited Partnership v. Maple Run at Austin Municipal Utility District and City of Austin; Cause No. 95-06139. Advice from Counsel - Section 551.071 97. Discuss settlement of Bradfield Cummins, II, Ltd., et. al. v. City of Austin; Cause No. 94-02877. Staff Briefing - Section 551.075 98. Staff briefing on Central City Entertainment Center. (City Council deliberation is not permitted under Section 551.075) [Related to Items 19 and 22] 99. APPOINTMENTS AIRPORT ADVISORY BOARD - CARLYNE MAY MAJEWSKI ARTS COMMISSION - MAXINE BARKAN BRACKENRIDGE HOSPITAL OVERSIGHT COUNCIL - DR. WALTER R. LEVERICH, MR. KEVIN REED, MR. CARL SIEGENTHALER, PRISCILLA PRESLEY, NORMA PLASCENCIA ALMANZA CENTRAL CITY ENTERTAINMENT CENTER ADVISORY BOARD - ALTA M. OCHILTREE CHILD CARE COUNCIL - CLARA SPRIGGS-ADAMS CITY OF AUSTIN COMMISSION FOR WOMEN - RITA GARZA, CLEMETINE HOWARD CONSTRUCTION ADVISORY COMMITTEE BILL G. CLAWSON DESIGN COMMISSION - MILOSAV CEKIC, EDGAR R. FARRERA DOWNTOWN COMMISSION - JILL MCGUCKIN, MARK FINELY, ROBERT KNIGHT ECONOMIC DEVELOPMENT COMMISSION - NANCY MOLLEDA, REY OCANAS ELECTRICAL BOARD - KENNETH EWALD, THOMAS WALDEN HUMAN RIGHTS COMMISSION - WILLIAM B. CARLON, III, DORIS STANDLEE IMPACT FEE ADVISORY COMMITTEE - HANK KIDWELL, RICK MENDOZA, WILLIAM MOORE MENTAL HEALTH-MENTAL RETARDATION CENTER BOARD OF TRUSTEES - DR. EXALTON DELCO, MARTHA MARTINEZ MUSIC COMMISSION - TIM GARBUTT WATER AND WASTEWATER COMMISSION - JOHN WOOLEY ADDENDUM 100. Approve an interlocal agreement between the City of Austin, Austin/Travis County Mental Health and Mental Retardation Center and Travis County for mental health, mental retardation, and substance abuse services, in an amount not to exceed $1,125,417 for the period January 1, 1996 through December 31, 1996, contingent upon the availability of funds. Approved 101. Direct the City Manager to investigate and report to the City Council in two (2) weeks on street closures in the St. John's area due to drainage improvement. (Councilmember Eric Mitchell) Approved 102. Status report on Convict Hill and Brush country Road project. (Councilmember Eric Mitchell) Approved Items 99 through 102 approved on, Mayor Pro Tem Garcia's motion, Mayor Todd's second, 7-0 vote. CITY MANAGER'S REPORT 103. Reorganization of Environmental and Conservation Services, Planning and Development, and Public Works and Transportation Departments. Sent to Worksession 10:00 P.M. - ADJOURNED at 11:00 p.m. on, Mayor Pro Tem Garcia's motion, Councilmember Reynolds' second, 5-0 vote, Councilmembers Mitchell and Nofziger off the dais. Approved on this the 7th day of December, 1995, on Mayor Pro Tem Garcia's motion, Mayor Todd's second, 5-0 vote, Councilmember Nofziger off the dais, Councilmember Shea absent.