CITY OF AUSTIN FOUNDED 1839 Austin City Council MINUTES 1. REGULAR MEETING THURSDAY, March 20, 1997 Approval of Minutes for Special Called Meeting of March 5, 1997 and Regular Meeting of March 6, 1997. Postponed to March 27, 1997 CITIZEN COMMUNICATIONS: GENERAL 2. Mr. Gavino Fernandez, Jr., to discuss keeping Palm Pool open. 3. Absent Mr. Dave R. Schroeder, only thing needs to be done with Lamar is rename it after Judi BariM.B. Lamar made war on and extirpated Texas' Freedman population, Tribal and Mexican citizens. Absent 4. Mr. Robert L. Thomas, to discuss unfairness of park director concerning employment at the Rosewood Recreation Center. 5. Mr. Gus Pena, to discuss City issues, public safety, and youth and senior citizen issues. 6. Mr. Larry Shannon Hargrove, to discuss "something to help Austin". 7. Mr. Patrick Goetz 8. 9. 10. 11. Absent Mr. Leonard Lyons Daniel Goldman, MD, to discuss the bicycle helmet ordinance. Mr. Dale P. Johnson, to discuss political issues. Absent Mr. Frank Belanger, the future of Barton Springs is up to this Council. CITIZEN COMMUNICATIONS: CONSENT AGENDA READING OF CONSENT AGENDA READING OF DISCUSSION AGENDA ACTION ON CONSENT AGENDA ITEMS CONTINUED FROM PREVIOUS MEETINGS 12. 13. Approve second/third reading amending Ordinance 960910-A, the 1996-97 Capital budget of the Aviation Department, by increasing the appropriations by $25,000,000 of the Austin-Bergstrom International Airport Capital budget for expansion of the parking garage. (Funding in the amount of $16,800,000 will be funded by the issuance of debt by Austin-Bergstrom International Airport (ABIA) Development Corporation, $8,200,000 will be funded by contributions from the Airport Capital Fund.) (Recommended by Airport Advisory Board) Pulled from agenda Approve third reading to amend Ordinance No.96910-G, the 1996-97 Operating budget, by transferring $60,000 from the General Fund Contingency Reserve and increasing the appropriation for transfers out to the Support Services Fund by $60,000; amending the support services fund by increasing transfers in from the General Fund $60,000 and increasing the appropriation for management services by $60,000 for use on an as needed basis for legislative issues. (Councilmembers Jackie Goodman and Daryl Slusher) Postponed 14. Approve a resolution directing Time Warner Communications to construct INet drops at Threadgill's on North Lamar. (Councilmembers Jackie Goodman and Eric Mitchell) Approved the acceptance of the proposal Time Warner Communications offered on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. 15. Amend Ordinance 960910-G, the 1996-97 operating budget, by transferring $11,122 from the General Fund Contingency Reserve, and increasing the appropriation by $11,122 to the 1996-97 operating budget of the Parks and Recreation Department sponsorship of the East Austin Youth Classic Golf/Concert event. (Councilmember Ronney Reynolds) Off agenda DEVELOPMENT REVIEW AND INSPECTION 16. Approve third reading of an ordinance amending Chapter 13-2 of the Austin City Code by rezoning property locally known as 5100 Southwest Parkway and 4900, 4916 Industrial Oaks Boulevard, Case No.C14-96-0043, from "GR", Community Commercial to "SF-6-CO", Townhouse and Condominium Residence-Conditional Overlay, with conditions. BH TRAVIS COUNTRY (Lee Weber), by Land Strategies (Paul Johnson). First reading on June 13, 1996; Vote 5-0, Nofziger off the dais. Second reading on July 18, 1996; Vote 6-1, Slusher voting "No". Conditions met as follows: Conditional Overlay incorporates the conditions imposed by Council at first and second readings. (continued from 2/6/97 & 2/27/97) Approved on, Councilmember Mitchell's motion, Mayor Todd's second, No vote taken Motion to postpone one week on, Councilmember Slusher's motion, Councilmember Goodman's second, 5-2 vote, Mayor Todd and Councilmember Mitchell voting "NO". 17. Approve second/third reading of an ordinance amending Chapter 13-2 of the Austin City Code by rezoning property locally known as 4800 Convict Hill Road, Case No. C14-96-0136, from "SF-2", Single Family Residence (standard lot) to "SF-5-CO", Urban Family Residence-Conditional Overlay zoning with conditions; CATHOLIC DIOCESE OF AUSTIN, by Rizzo Construction (Robert M. Rizzo). First reading on January 9, 1997; Vote 6-0-1, Slusher abstaining. Conditions met as follows: conditional overlay incorporates conditions imposed by Council at first reading. Ordinance No. 970320-A approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 6-1 vote, Councilmember Slusher "ABSTAINING". 18. Approve second/third reading of an ordinance amending Chapter 13-2 of the Austin City Code by rezoning property locally known as 13609 North I.H. 35 Service Road (Northbound), Case No. C14-96-0131, from "SF-2", Single Family Residence (standard lot) to "GR-CO", Community Commercial-Conditional Overlay zoning with conditions; MARTHA RIEGER, ET AL TRUCT, C/O FRANK SCOFIELD, TRUSTEE, by Site Specifics (B.J. Cornelius). First reading on January 9, 1997; Vote 7-0. Conditions met as follows: conditional overlay incorporates conditions imposed by Council at first reading. Ordinance No. 970320-B approved 19. Amend Ordinance No. 931202-N, by correcting the legal description of the property locally known as 4890 U.S. Highway 290 West, Case No. C14-93-0057, K-MART CORPORATION, by Bury & Pittman Inc. 20. Ordinance No. 970320-C approved PUBLIC WORKS AND TRANSPORTATION Approve a resolution authorizing execution of a contract with WAUKESHA-PEARCE INDUSTRIES, INC., Austin, Texas, for the purchase of one truck mounted hydraulic excavator used for road construction and repair, in the amount of $142,617.72. (Funding was included in the 1996-97 operating budget of the Transportation Fund of the Public Works and Transportation Department.) Single bid. No M/WBE Subcontracting opportunities were identified. Approved 21. Approve a resolution authorizing execution of a contract with DYNAWELD, INC., Arlington, Texas, for the purchase of three tandem axle, tilt-type implement trailers used for road construction and repair, in the amount of $44,037. (Funding was included in the 1996-97 operating budget of the Transportation Fund of the Public Works and Transportation Department.) Low bid of four. No MWBE Subcontracting opportunities were identified. Approved 22. Approve a resolution authorizing execution of a contract with COOPER EQUIPMENT COMPANY, INC., San Antonio, Texas, for the purchase of one 9,000 pound class motor grader used for maintenance and paving alleys, in the amount of $67,851. (Funding was included in the 1996-97 operating budget of the Transportation Fund of the Public Works and Transportation Department.) Sole source. No M/WBE Subcontracting opportunities were identified. Approved 23. 24. Approve a resolution authorizing execution of a contract with ALAMO FORD-NEW HOLLAND, INC., San Antonio, Texas, for the purchase of one 31,000 pound class motor grader used for road construction and repair, in the amount of $99,275. (Funding is available in the 1996-97 operating budget of the Transportation Fund of the Public Works and Transportation Department.) Low bid of six. No M/WBE Subcontracting opportunities were identified. Approved Approve a resolution authorizing execution of two twelve month supply agreements with TRAFFIC ENGINEERING AND CONTROLS, Centerville, Texas, in an amount not to exceed $61,162.20 and TRAFFIC PARTS, INC., Spring, Texas, in an amount not to exceed $50,941.25 for the purchase of miscellaneous traffic signal parts and hardware used in the installation and repair of various traffic signals with two twelve month extension options in amounts not to exceed $61,162.20 and $50,941.25 respectively per extension, for total contract amounts not to exceed $183,486.60 and $152,823.75 respectively. (Funding in the amount of $65,393.68 is available in the 1996-97 operating budget 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 seven. No M/WBE Subcontracting opportunities were identified. (FSD) Approved FINANCE AND ADMINISTRATIVE SERVICES 25. 26. 27. Approve a resolution authorizing execution of a contract with PROFESSIONAL TURF PRODUCTS OF TEXAS, INC., San Antonio, Texas, for the purchase of one riding rotary mower to cut grass on large areas of park land and right-of-ways, in the amount of $48,500. (Funding is available in the 1996-97 operating budget of the Vehicle Acquisition Fund.) Sole source. No M/WBE Subcontracting opportunities were identified. Approved Approve negotiation and execution of a twelve month service agreement contact with AMERICAN MANAGEMENT SYSTEMS, Fairfax, Virginia, to provide maintenance of Local Government Financial Software (LGFS), in an amount not to exceed $70,430.47 with three 12 month extension options in an amount not to exceed $75,000 (first extension 98/99); not to exceed $80,000 (second extension 99/00); and not to exceed $84,000 (third extension 00/01) for a total contract not to exceed $309,430.47. (Funding is included in the 1996-97 Operating budget of the Financial and Administrative Services Department and the Controller's Office) Sole Source. No M/WBE Subcontracting opportunities were identified. Approved FIRE Approve a resolution authorizing an Interlocal Agreement with Travis County Emergency Services District Number 4 for the continued provision of First Responder Fire and EMS Services to the Adey Subdivision annexation area for an initial term of three year and a renewal term of one additional two year period, in the amount of $916.67. (Funding is available in the 1996-97 operating budget of the Fire Department. Funding for the remaining two years and the extension option is contingent upon available funding in future budgets.) Approved PARKS AND RECREATION 28. Police 29. Approve a resolution authorizing execution of an Interlocal Agreement with the UNIVERSITY OF TEXAS, Texas Archaeological Research Laboratory, Austin, Texas, for archaeological investigations for the proposed improvements to the Zilker Loop Trail, in the amount of $34,848. (Funding was included in the 1994-95 Capital budget of the Parks and Recreation Department.) Approved Items 18 through 28 approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. Approve a resolution authorizing execution of a contract with MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., Austin, Texas, for the purchase of various types of two-way radio equipment, in the amount of $264,951. (Funding in the amount of $241,053 was included in the 1996-97 operating budget of the Austin Police Department; $2,538 is available in the 1996-97 operating budget of the Special Revenue Fund (Combat Domestic Violence Grant of the Police Department); $21,360 is available in the Federal Asset Forfeiture Fund of the Police Department.) Sole source. No MWBE Subcontracting opportunities were identified. Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 6-1 vote, Councilmember Reynolds "ABSTAINING". Cable and Regulatory Affairs 30. 31. 32. 33. 34. Approve second reading of an ordinance amending the term of the existing telecommunications service franchise with Metro Access Networks, Inc. ($5,000 in Franchise Fee revenue 1996-97 was included in the 1996-97 Budget) Approved Approve second reading of an ordinance amending the term of the existing telecommunications service franchise with Central and South West Communications, Inc, (CSWC) and approve request by CSWC to transfer its franchise to CSW/ICG ChoiceCom, L.P. Approved Approve second reading of an ordinance amending the term of the existing telecommunications service franchise with GST Lightwave, Inc. Approved Approve second reading of an ordinance amending the term of the existing telecommunications service franchise with MCI Metro Access Transmission Services, Inc. ($5,000 in Franchise Fee revenue 1996-97 was included in the 1996-97 Budget) Approved Approve second reading of an ordinance amending the term of the existing telecommunications service franchise with American Communications Services, Inc.. ($5,000 in Franchise Fee revenue 1996-97 was included in the 1996-97 Budget) Approved 35. Approve second reading of an ordinance granting a telecommunications service franchise to Southwestern Bell Telephone Company (SWBT). ($2.143 million in Franchise Fee revenue 1996-97 was included in the 1996-97 Budget) Approved 36. Approve second reading of an ordinance granting a telecommunications franchise to Time Warner Communications. ($20,000 in Franchise Fee revenue 1996-97 was included in the 1996-97 Budget) Approved Items 30 through 36 approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. ITEMS FROM COUNCIL 37. 38. 39. 40. Approve an ordinance to authorize negotiation and approval of a wholesale wastewater contract between Davenport Ranch Municipal Utility District No. 1 and the City of Austin and approve an amendment to the Consent Agreement to authorize this wastewater service. (Mayor Bruce Todd and Councilmember Jackie Goodman) Approved first reading only on, Councilmember Goodman's motion, Mayor Todd's second, 4-3 vote, Mayor Pro Tem Garcia, Councilmembers Griffith and Slusher voting "NO". Direct the City Manager to review the Environmental Board's recommendations regarding the risk reduction strategies for the storage and transportation of hazardous materials and report back to Council within 90 days. (Mayor Pro Tem Gus Garcia and Councilmember Daryl Slusher) Approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. Direct the City Manager to analyze current State House and Senate bills related to Capital Metro and report his analysis to the City Council. (Councilmember Ronney Reynolds) Approved on, Councilmember Reynolds' motion, Mayor Todd's second, 5-2 vote, Mayor Pro Tem Garcia and Councilmember Griffith voting "NO". Direct the City Manager to undertake a zoning land use study of the area bounded by the following: west boundary: Grove Boulevard, south boundary: Ben White Boulevard, east boundary: Highway 183, north boundary: Colorado River relating to land zoned Limited Industrial (LI), Commercial General Services (CS) or Commercial Liquor Sales (CS-1) and report the results to the Planning Commission and City Council within 90 days. (Mayor Pro Tem Gus Garcia and Councilmember Jackie Goodman) Approved 41. Approve an ordinance prohibiting acceptance of development applications on land zoned Limited Industrial (LI), Commercial General Services (CS) or Commercial Liquor Sales (CS-1) within the area bounded by the following: west boundary: Grove Boulevard, south boundary: Ben White Boulevard, east boundary: Highway 183, north boundary: Colorado River for a period of 90 days. (Mayor Pro Tem Gus Garcia and Councilmember Jackie Goodman) Ordinance No. 970320-E approved Items 40 and 41 approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 5-0-1 vote, Councilmember Reynolds "ABSTAINING", Councilmember Mitchell off the 42. 43. dais. Set a public hearing to consider a request for exemption from Ordinance 961212-P (East Austin Moratorium) for the Airport Business RV Park located at 720 Levander Loop. (Suggested date and time: April 10, 1997 at 7:00P.M.) (Mayor Pro Tem Gus Garcia and Councilmember Jackie Goodman) Approved Set a public hearing to consider a request for exemption from Ordinance 961212-P (East Austin Moratorium) for the Alliant Food Service, Inc., located at 979 Springdale Road. (Suggested date and time: April 10, 1997 at 7:30P.M.) (Mayor Pro Tem Gus Garcia and Councilmember Jackie Goodman) Approved Items 42 and 43 approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second 7-0 vote. 4:00 Ρ.Μ. - ZONING HEARINGS AND APPROVAL OF ORDINANCES 44. 45. C14-97-0009 - OYSTER INVESTMENT CORP., by Gebhard Sarma Group, Inc. (Bruce Aupperle, P.E.). Public hearing to amend Chapter 13-2 of the Austin City Code by zoning property locally known as 2215 and 2301 Westlake Drive from SF-3, Family Residence and CS, General Commercial Services to CR, Commercial Recreation. Planning Commission Recommendation: To Grant the request with conditions. (continued from 3-6-97) Motion to postpone for one week on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, Second withdrawn Motion to postpone for three weeks to March 10, 1997 at applicant's request, public hearing closed on March 6, 1997 on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. C14-96-0129 - SAEED & EZAT KARIMI, by RAD Group (H.N. Rad). Public hearing to amend Chapter 13-2 of the Austin City Code by zoning property locally known as 9704 Middle Fiskville Road from SF-2 to CS. Planning Commission Recommendation: Το Grant CS-CO, Commercial Services-Conditional Overlay with conditions. Approved Planning Commission's recommendation, first reading only on, Mayor Pro Tem Garcia's motion, Councilmember Griffith's second, 7-0 vote. 46. C14-96-0161 - L.C. BENASH/TEXAS LIMITED PARTNERSHIP (Michael Voticky), by Bury & Pittman, Inc. (Alexa C. Hockins). Public hearing to amend Chapter 13-2 of the Austin City Code by zoning property locally known as Southwest Parkway & Vega Avenue from LO-CO, SF-6-CO & MF-1-CO to GO. Planning Commission Recommendation: To Grant GO-CO, General Office-Conditional Overlay with conditions. 47. Motion to close public hearing on, Mayor Pro Tem Garcia's motion, Councilmember Mitchell's second, 7-0 vote. Approved Planning Commission recommendation, first reading only with added condition as follows: In the event the proposed high school project is constructed, SOS Water Quality Standards relating to pollutant removal will be met on the entire 73.47 acre tract which comprises the project and which includes the 30.56 acres being rezoned. Water quality improvement controls required to achieve these standards may be placed anywhere on the 73.47 acre project site. The total impervious cover on the entire 73.47 acre project site will not exceed 700,000 square feet and may be placed anywhere on the 73.47 acre tract. After construction of the high school on the 73.47 acre project site, the pollution prevention measures in the environmental criteria manual, section 1.6..9.1, 1.619.2 A through D will be impremented for the entire 73.47 acre project site, on, Councilmember Mitchell's motion, Councilmember Reynolds' second, 6-0-1 vote, Mayor Pro Tem Garcia "ABSTAINING". C14-97-0002 - NATIONS BANK OF TEXAS, N.A., TRUSTEE (Gonzalo Gonzales), ROBERT ROBISON, by O'Meara & Gabbay (Tim O'Meara). Public hearing to amend Chapter 13-2 of the Austin City Code by zoning property locally known as 209-219 West Stassney from SF-3 to W/LO. Planning Commission Recommendation: To Grant W/LO, Warehouse/Limited Office with conditions. Motion to close public hearing on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 6-0 vote, Councilmember Reynolds off the dais. Approved Planning Commission recommendation of NO, Neighborhood Office Zoning, first reading only on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 6-0 vote, Councilmember Reynolds off the dais. PUBLIC HEARINGS 48. 5:00 Ρ.Μ. - Public hearing on the annexation of Pioneer Crossing. Motion to close public hearing on, Councilmember Slusher's motion, Councilmember Goodman's second, 4-0 vote, Mayor Pro Tem Garcia, Councilmembers Mitchell and Reynolds off the dais. 49. 6:30 Ρ.Μ. - Public hearing on an amendment to the Land Development Code to exempt uses of less than 6,000 square feet from parking requirements in the Central Business District and Downtown Mixed Use District. Postponed to March 27, 1997 50. 7:00 Ρ.Μ. - Public hearing to consider approval of the creation of Tax Abatement Reinvestment Zone No. 14 for the Canile Company, L.L.C. for the Brown Building located at 714 Colorado Street and adjacent property from the west side of the building extending to Lavaca Street. Motion to close public hearing on, Mayor Pro Tem Garcia's motion, Councilmember Slusher's second, 6-0 vote, Councilmember Reynolds off the dais. ACTION ON PUBLIC HEARINGS 51. Approve an amendment to the Land Development Code to exempt uses of less than 6,000 square feet from parking requirements in the Central Business District and Downtown Mixed Use District. No action taken, item placed on this agenda in error, scheduled on March 27, 1997 agenda 52. 53. Approve the creation of Tax Abatement Reinvestment Zone No. 14 for the Canile Company, L.L.C. for the Brown Building located at 714 Colorado Street and adjacent property from the west side of the building extending to Lavaca Street. (No fiscal impact.) Approved Authorize execution of a Tax Abatement Agreement with the Canile Company, L.L.C. (The estimated amount of abated taxes over the ten year period of abatement is approximately $300,000.) Approved Items 52 and 53 approved on, Mayor Pro Tem Garcia's motion, Councilmember Slusher's second, 7-0 vote. EXECUTIVE SESSION (No Public Discussion on These 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. Real Estate Acquisition - Section 551.072 54. Discuss potential acquisition of Christopher House. 55. Discuss Lease/Right of First Refusal on One Texas Center. Pending Litigation - Section 551.071 56. Discuss City of Austin v. Southwest Travis County Water District, CA 96-13123, Travis County District Court, and laws relating to annexation. 57. Discuss Martin Thompson, et al v. City of Austin, Cause No. 95-03722, and Nigel Gusdorf v. City of Austin, Cause No. 95-03722-A, Travis County District Courts. 58. Discuss W.W. Deerfield Ltd. v. City of Austin, Cause No. 96-13413, Travis County District Court. 59. Discuss Austinites for a Little Less Corruption!, etc., et al. v. City of Austin, et al, Civil Action No. A-97-CA-120-SS, in the United States District Court for the Western District of Texas, Austin Division. 60. Discuss Austin Professional Firefighters v. City of Austin, Appeal No.03-96-00132-CV, Third Court of Appeals, Travis County, Texas. Action on the Executive Session Items 61. Consider settlement proposal in Austin Professional Firefighters v. City of Austin, Appeal No.03-96-00132-CV, Third Court of Appeals, Travis County, Texas. 62. Consider settlement proposal in Firefighter David Burnham v. City of Austin Firefighter's and Police Officer's Civil Service Commission, et al:Cause No. 91-15886; In 345th District Court of Travis County, Texas. Approved in an amount not to exceed $140,000 on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. 63. Authorize action on Lease/Right of First Refusal on One Texas Center including action on any budget amendments and reimbursement resolutions required. No action taken 64. ΑPPOINTMENTS AIRPORT ADVISORY BOARD - BOB BINDER. ARTS COMMISSION - CHELBY D. KING. CHILD CARE COUNCIL - KAY GHAHRAMANI. CITIZENS' PLANNING IMPLEMENTATION COMMITTEE - THOMAS M. GUERRERO. COMMUNITY DEVELOPMENT COMMISSION - SYLVIA CEDILLO, FRANK GARRETT, JR., KAREN PAUP. LIBRARY COMMISSION - SUSAN H. REID. MUSIC COMMISSION - ROBERT L. (BOB) LIVINGSTON. RESOURCE MANAGEMENT COMMISSION - CHIEN LEE. ADDENDUM MARCH 20, 1997 ACTION ON EXECUTIVE SESSION ITEMS (continued) 65. Amend ordinance No. 960910-G, the 1996-97 Operating budget by transferring $596,262 from the General Fund Contingency Reserve and increasing the appropriation for the Fire Department by $596,262 to fully fund the firefighter settlement in the Austin Professional Firefighters v. City of Austin. (Funding is available in the General Fund Contingency Reserve). (Related to item 61) Ordinance No. 970320-F approved on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 7-0 vote. 66. Amend Ordinance 960910-A, the 1996-1997 Capital Budget of Financial and Administrative Services Department, by increasing the appropriations by $ for the purchase of One Texas Center and creating a project known as One Texas Center. (Related to item 63) Approve first reading only of $18,400,000 on, Mayor Pro Tem Garcia's motion, Councilmember 67. Mitchell's second, 4-1-2 vote, Councilmember Slusher voting "NO", Councilmembers Goodman and Reynolds "ABSTAINING". Adopt statement expressing official intent to reimburse payments for the exercise of the Right of First Refusal and purchase of One Texas Center, at such time as obligations to finance the purchase are issued. (Related to item 63) No action taken ADJOURNED at 11:00 p.m. on, Councilmember Mitchell's motion, Councilmember Slusher's second, 7-0 vote. Approved on this the 27th day of March, 1997, on, Mayor Pro Tem Garcia's motion, Councilmember Goodman's second, 6-0 vote, Councilmember Mitchell off the dais.