MINUTES OF CITY COUNCIL MEETING JULY 19,2001 Austin City Council MINUTES REGULAR MEETING THURSDAY, JULY 19, 2001 INVOCATION - Reverend Harold Guess, Senior Minister, University Christian Church Mayor Pro Tern Goodman called the meeting to order at 10:12 a.m. CONSENT AGENDA The following items were acted on by one motion. No separate discussion or action occurred on any of the items. The consent items were approved on Council Member Alvarez' motion, Council Member Wynn's second by a 6-0 vote. Mayor Watson was absent. Item 1 was the minutes. Item 2 was a briefing. Items 3-6 were Executive Session items and the action item. Item 7 was pulled for discussion. 8. Amend Ordinance No. 010301-10 to allow customers who qualify for the customer charge waiver in Electric Rate Schedule Residential Service to also receive the Batch-1 Green Power Charge provided for in the Electric Rate Schedule GreenChoice™ Energy Rider. (No funding is required. Anticipated revenues for GreenChoice™ are included in the 2000-2001 Amended Operating Budget for the Electric Utility Department.) (Recommended by Electric Utility Commission) Ordinance No. 010719-08 was approved. Item 9 was pulled for discussion. 10. Approve a resolution approving and authorizing the execution of a lease between the City of Austin and the Heritage Society of Austin of real property located at 201 Red River, Austin, Texas, more particularly described as a portion of Lot 1 and Lot 2, Block 13, Original City of Austin, Texas. This item was postponed to August 9, 2001. 11. Approve a resolution authorizing the City Manager or designee to negotiate and execute an Interlocal Agreement with Travis County for the purpose of sharing computer technology resources and mobile data technology. Resolution No. 010719-11 was approved with the following changes, delete the words "negotiate and execute" and add "negotiate and execute by the City Manager; however, prior to execution, the City Manager is directed to submit the final version to the Council for review. If any Council Member wants to put approval of the agreement on the agenda, the requesting MINUTES OF CITY COUNCIL MEETING 2 JULY 19,2001 Council Member will notify the City Manager within three days of the City Manager's submission. If no one indicates they want it on the agenda, it will be executed as is." 12. Approve a resolution authorizing the City Manager or designee to negotiate and execute an Interlocal Agreement with the Lower Colorado River Authority (LCRA) for the purpose of a pilot mobile data technology sharing project in an amount not to exceed $200,000. (Funding is available in the 2000-2001 Amended Capital Budget of the Information Systems Department.) Resolution No. 010719-12 was approved with the following changes, delete the words "negotiate and execute" and add "negotiate and execute by the City Manager; however, prior to execution, the City Manager is directed to submit the final version to the Council for review. If any Council Member wants to put approval of the agreement on the agenda, the requesting Council Member will notify the City Manager within three days of the City Manager's submission. If no one indicates they want it on the agenda, it will be executed as is." 13. Approve a resolution authorizing negotiation and execution of a 15-year lease contract with BUTLER BROADCASTING COMPANY LTD., Austin Texas, to lease access to, and space on, the Butler Radio Tower, located on Trail of Madrones Drive, approximately a half mile from Mount Larson in an amount not to exceed $1,440,000 with one 15-year extension option in an amount not to exceed $1,440,000 for a total contract amount not to exceed $2,880,000. (Funding in the amount of $192,000 for the first 2 years of the 15-year lease agreement is available in the 2000-2001 Amended Capital Budget of the Information Systems Department. $1,248,000 and the extension option will be available in future budgets.) Resolution No. 010719-13 was approved. 14. Approve a resolution authorizing the City Manager or his designee to negotiate and execute a Ground Lease Agreement between the City of Austin, Travis County, the Texas Department of Transportation, and the Capital Metropolitan Transportation Authority for the Combined Emergency Communications Center at RMMA. Resolution No. 010719-14 was approved with the following changes, delete the words "negotiate and execute" and add "negotiate and execute by the City Manager; however, prior to execution, the City Manager is directed to submit the final version to the Council for review. If any Council Member wants to put approval of the agreement on the agenda, the requesting Council Member will notify the City Manager within three days of the City Manager's submission. If no one indicates they want it on the agenda, it will be executed as is." 15. Set a public hearing regarding proposed rate increase by TXU Gas Distribution Company. (Suggested Date and Time: August 2, 2001 at 6:00 p.m.) Resolution No. 010719-15 was approved. 16. Set a public hearing regarding Southern Union Gas Company rates paid by general service customers in the City of Austin. (Suggested Date and Time: August 9, 2001 at 6:00 p.m.) Resolution No. 010719-16 was approved. 17. Set a public hearing to receive public comment on the proposed rate changes for the Solid Waste Services Department, Drainage Fee of the Drainage Utility (Watershed Protection and Development Review Department), and Water and Wastewater Utility as part of the 2001-2002 Proposed Budget. (Suggested Date and Time: August 30, 2001 at 6:00 p.m.) Resolution No. 010719-17 was approved. 18. Approve a resolution authorizing negotiation and execution of two contract amendments for HIV services under the Ryan White Title I HIV Emergency Care grant program to increase contract funding and services for the HIV Wellness Center in the amount of $97,790; for a total contract amount not to exceed $330,092; and increase Austin Travis County Mental Health Mental MINUTES OF CITY COUNCIL MEETING 3 JULY 19,2001 Retardation (ATCMHMR) C.A.R.E. contract funding and services in the amount of $218,000, for a total contract amount not to exceed $594,229. (Funding is available in the Fiscal Year 2001 Approved Budget of the Health and Human Services Department Special Revenue Fund, Ryan White Title I HIV Emergency Care grant program. Grant period is March 1, 2001 to February 28, 2002. Contract amendment performance period is August 1, 2001 to February 28, 2002.) (Recommended by HIV Planning Council) Resolution No. 010719-18 was approved. 19. Approve a resolution authorizing an amendment of a contract with the TEXAS DEPARTMENT OF HEALTH (TDH), Bureau of Vital Statistics, Austin, Texas, for services associated with the Remote Certification of Vital Records, to increase the current contract amount by $11,000 for a total contract amount not to exceed $45,000 in the current year ending November 30, 2001; and approve four extension options in the amount of $50,000 for second year, $55,000 for the third year, $60,000 for the fourth year, and $65,000 for the fifth year for total amount not to exceed $275,000. (Funding in the amount of $7,500 was included in the 2000-2001 Approved Operating Budget of the Health and Human Services Department (HHSD). Funding for the remaining two months of the contract is contingent upon available funding in the 2001-2002 budget. Funding for subsequent annual extension options, if exercised, will be contingent upon available funding in future budgets.) Resolution No. 010719-19 was approved. 20. Approve a resolution authorizing execution of a contract with the TEXAS DEPARTMENT OF HEALTH (TDH), Austin, Texas, for the purchase of influenza and pneumococcal vaccine, in an annual amount not to exceed $70,000, with five annual extension options in an amount not to exceed $75,000 per annual extension option, for a total contract amount of $445,000. (Funding in the amount of $70,000 was included in the Fiscal Year 2000-2001 Approved Operating Budget of the Health and Human Services Department (HHSD) for the first contract year. Funding for subsequent annual extension options, if exercised, is contingent upon available funding in future budgets.) Resolution No. 010719-20 was approved. 21. Approve a resolution authorizing an amendment to the contract between the City of Austin, Travis County and American Youth Works by increasing the City's portion of the contract by $110,510 for a total City contract obligation not to exceed $203,405. The term of the contract will remain January 1, 2001 through December 31, 2001. (Funding is included in the 2000-2001 Approved Budgets of the Parks and Recreation Department Projects Account in the amount of $104,810 and Water & Wastewater Projects Account in the amount $5,700 for a total of $110,510.) Resolution No. 010719-21 was approved. 22. Approve an ordinance authorizing acceptance of an additional $80,352 in grant funds from the Texas Department of Housing and Community Affairs' Community Services Block Grant (CSBG) program for operation of City and County Neighborhood Centers; amend Ordinance No. 000912- 01, the 2000-2001 operating budget, amending the Special Revenue Fund by appropriating $80,352 in grant funds, for a total grant amount of $733,352, for the Health and Human Services Department special revenue fund. (Funding in the amount of $80,352 is available from the Texas Department of Housing and Community Affairs, Community Services Block Grant (CSBG) program. The grant period is January 1, 2001-December 31, 2001. No match is required.) Ordinance No. 010719-22 was approved. 23. Approve a resolution amending the City's 2000-2001 Community Development Program and federal annual Action Plan to reprogram $706,508 to new uses and to expand the area in which HUD Section 108 loan funds obtained in connection with the East 11 and 12th Street Redevelopment program may be utilized. (Community Development Block Grant (CDBG) funds MINUTES OF CITY COUNCIL MEETING 4 JULY 19,2001 and program income in the amount of $706,508 are available from the allocation of current and prior years funds.) Resolution No. 010719-23 was approved. 24. Amend Ordinance #000912-1, the 2000-2001 Operating Budget of the Infrastructure Support Services Department by: 1) Increasing budgeted revenues by $30,000 to $4,525,190; 2) Increasing ISS budget operating expenses by $30,000 to $5,400,237 and, 3) adding an additional FTE for the purpose of amending an Interlocal Agreement with Travis County for providing a standard, uniform agreement for county-wide address assignment. (Funding in the amount of $30,000 is available in funding from Travis County for Geographic Information System (GIS) address assignment services for a total not to exceed $100,000.) (Related Item No. 25) Ordinance No. 010719-24 was approved. 25. Approve a resolution authorizing an amendment of an Interlocal Agreement with Travis County to include an additional $30,000 transfer from the County to Infrastructure Support Services, for a total not to exceed $100,000 in support of addressing assignment. (Funding from Travis County, not to exceed $100,000.) (Related Item No. 24) Resolution No. 010719-25 was approved. 26. Approve a resolution authorizing an amendment to the legal services contract with BRACE WELL & PATTERSON, L.L.P., for legal representation, advice, and counsel concerning water rights permit matters (Drought Management Plan; Surface Water Return Flows & LCRA Certification of Adjudication) involving the Colorado River and the Lower Colorado River Authority on behalf of the City of Austin in an amount not to exceed $60,000 with a total contract amount not to exceed $100,000. (Funding in the amount of $60,000 is included in the 2000-2001 Approved Operating Budget of the Water and Wastewater Department and the Electric Utility Department.) Resolution No. 010719-26 was approved. 27. Approve a resolution authorizing execution of a contract with EMR, DeSoto, Texas, for the purchase and installation of upgraded elevator controls and supplementary items including elevator controller, hall signal fixtures and elevator cab door operators for the John Henry Faulk Central Library in an amount not to exceed $92,700. (Funding is included in the Fiscal Year 2000-2001 Amended Capital Budget of the Library Department.) Lowest of five bids. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore; no goals were established for this contract. Resolution No. 010719-27 was approved. 28. C814-88-0001.05 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property located at Capital of Texas Highway North (Loop 360) (Lake Austin Watershed) from PUD, Planned Unit Development district zoning to PUD, Planned Unit Development district zoning. First reading on February 8, 2001; Vote: 6-0, Wynn absent. Conditions met as follows: Ordinance incorporates the conditions approved by Council at first reading. Applicant: The Protestant Episcopal Church Council (Hester Currens). Agent: Dunagan, Weichert and Associates (Glenn Weichert). City Staff: Glenn Rhoades, 974-2775. Ordinance No. 010719-28 was approved. 29. C14H-00-2095 - Oak Hill School - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 6240 U.S. Highway 290 West (Williamson Creek Watershed) from GR-CO, Community Commercial-Conditional Overlay Combining district zoning to GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions for Tract 1, and GR-H-CO, Community Commercial- Historic-Conditional Overlay Combining district zoning with conditions for Tract 2. First reading on February 8, 2001; Vote 6-0, Wynn absent. Conditions met as follows: Conditional overlay MINUTES OF CITY COUNCIL MEETING 5 JULY 19,2001 incorporates the conditions approved by Council at first reading. Property Owner and Applicant: Austin 1825 Fortview, Inc. (Jimmy Nassour). Agent: Jim Bennett. City Staff: Adam Smith, Neighborhood Planning and Zoning Department, 974-2755, and Barbara Stocklin, Transportation, Planning and Sustainability, 974-2414. Ordinance No. 010719-29 was approved. Item 30 was pulled for discussion. 31. C14-00-2226 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1710 Century Street (Gilleland Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to LI-CO, Limited Industrial Service-Conditional Overlay Combining district zoning with conditions. First reading on January 18, 2001; Vote: 6-0, Watson absent. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Applicant: Tom and Belinda Ramsey. Agent: Ms. Giles Lockhart. City Staff: David Wahlgren, Watershed Protection and Development Review Department, 974-6455. Ordinance No. 010719-31 was approved. 32. C14-00-2156 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 9309 Cameron Road (Little Walnut Watershed) from SF-3, Family Residence district zoning to CS-CO, General Commercial Services-Conditional Overlay Combining district zoning. First reading on March 22, 2001; Vote 6-1, Slusher nay. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Applicant: Cameron Road Joint Venture (Robert Reese, Trustee). Agent: Graves, Dougherty, Hearon and Moody (Dave Hartman). City Staff: Katie Larsen, 974-3072. Ordinance No. 010719-32 was approved. Council Member Slusher voted Nay. 33. C14-00-2261 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 3701-3811 Vi South Congress Avenue (East Bouldin Creek) from LI, Limited Industrial Services district zoning to MF-6-CO, Multifamily Residence Highest Density-Conditional Overlay Combining district zoning for Tracts 1 and CS-MU-CO, General Commercial Services-Mixed Use-Conditional Overlay Combining district zoning with conditions for Tract 2. First reading April 26, 2001; Vote: 5-2, Griffith and Thomas-Nay. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Applicant: Michael P. Alelli, John S. and Michael F. Rowley. Agent: Sara Crocker Consultants (Lena Lund). City Staff: Sherri Gager, 974-3057. This item was postponed to August 23, 2001 at the appellant's request. 34. C14-01-0011 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 2716 - 3050 U.S. Highway 183 South (Carson Creek and Onion Creek Watersheds) from LI-CO, Limited Industrial Services-Conditional Overlay Combining district zoning to LI-CO, Limited Industrial Services-Conditional Overlay Combining district zoning. First reading on April 19, 2001; Vote: 7-0. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Property Owners and Applicants: James J. Pecora, Jr., Edward F. Hamel, Kay Ann Broline, Felicia Suzanne Benjamin, Richard Buratti, Individually and as Guardian of Barbara Gail Buratti, NCM (Richard Buratti). City Staff: Wendy Walsh, 974-7719. Ordinance No. 010719-34 was approved. Items 35 and 36 were pulled for discussion. 37. C14-01-0037 - North Austin Civic Association Neighborhood Plan (Tract #9) - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning MINUTES OF CITY COUNCIL MEETING 6 JULY 19,2001 property locally known as 816, 830, 840, 842, 900, 902, 906, 908 and 910 Sagebrush Drive, and 10426 and 10810 North Lamar Boulevard (Little Walnut Creek Watershed) to change the base zoning districts on Tract 9 from LI, Limited Industrial Services district zoning to CS-NP, General Commercial Services-Neighborhood Plan Combining district. First reading May 24, 2001; Vote: 6-0, Griffith Absent. Conditions met as follows: No conditions were imposed by Council at first reading. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Annick Beaudet and Katie Larsen, 974-3072, and Scott Whiteman, 974-2865. Note: A valid petition has been filed in opposition to a portion of this rezoning request. This item was postponed to August 9, 2001. 38. C14-01-0064 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1809 Chestnut Avenue (Boggy Creek Watershed) from MF-3-NP, Multifamily Residence Medium Density-Neighborhood Plan Combining district zoning to LR-MU-CO-NP, Neighborhood Commercial-Mixed Use-Conditional Overlay-Neighborhood Plan Combining district zoning with conditions. First reading June 14, 2001; Vote: 7-0. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Property Owner: Genetta Morris. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Adam Smith, 974-2755. Ordinance No. 010719-38 was approved. Item 39 was pulled for discussion. 40. Approve a resolution authorizing negotiation and execution of an interlocal agreement with Williamson County to share in the construction costs of a law enforcement firing range to be built and operated by Williamson County for joint use of Williamson County and the participating entities. (The City's Fiscal Year 2001 contribution of $15,000 is available in the 2000-2001 Approved Operating Budget of the Austin Police Department with the remaining $15,000 available in the Fiscal Year 2002 proposed budget.) Resolution No. 010719-40 was approved. 41. Approve a resolution authorizing an amendment to the Interlocal Agreement between the City of Austin and Travis County for "Project Spotlight" to increase the existing Fiscal Year 2001 total project budget of $648,200 to a revised total project budget of $957,006 and changing the amount of funding provided to the City of Austin Police Department to $191,975. (The amount of $134,599 in grant funding from Travis County was accepted June 29, 2000 for the grant period September 1, 2000 through August 31, 2001. This action represents acceptance of an additional $57,376 for a total of $191,975 for the grant period September 1, 2000 through August 31, 2001. No cash match is required. Funding for the continued operation is contingent upon available funding in future budgets.) Resolution No. 010719-41 was approved. 42. Approve a resolution authorizing application for and acceptance of $428,560 in grant funding from the U.S. Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, to purchase equipment and six months salary for an additional full-time equivalent DNA scientist for the Austin Police Department. (The amount of $428,560 in grant funding is available from the U. S. Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, for the grant period October 1, 2001 to September 30, 2003. A required cash match of $60,000 is included in the Proposed Fiscal Year 2001-2002 Operating Budget for the Austin Police Department.) Resolution No. 010719-42 was approved. MINUTES OF CITY COUNCIL MEETING 7 JULY 19,2001 43. Approve an ordinance vacating 1,238 square feet of street right-of-way at the 1140-1150 block of Mercer Drive, on behalf of Springdale Garden Apartments, Ltd. (The amount of $40,448.25 in revenue will be receipted to the General Fund.) (Recommended by Planning Commission) Ordinance No. 010719-43 was approved. Item 44 was pulled for discussion. 45. Approve a resolution authorizing execution of Change Order #2 to the construction contract with AUSTIN BRIDGE AND ROAD, Austin, Texas, for wastewater improvements, increased quantities of asphalt, grading improvements and signalization at Stassney Lane and Nuckols Crossing Road as part of the Group 8 Bond Street Reconstruction Project, in an amount not to exceed $190,000 for a total contract amount not to exceed $1,101,126.20. (The amount of $70,505.80 remains from the previously approved contingency. $64,494.20 is available in the 2000-2001 Capital Budget of the Department of Public Works; $55,000 is available in the 2000- 2001 Capital Budget of the Water & Wastewater Utility.) 28.95% MBE, 0% WBE subcontracting participation. Resolution No. 010719-45 was approved. 46. Approve a resolution authorizing negotiation and execution of a professional services agreement with SUNLAND ENGINEERING COMPANY, (MBE/MH), Austin, Texas, to provide architectural services for conformed drawings of the Austin-Bergstrom International Airport Terminal Building, in an amount not to exceed $80,000. (Funding is available in the 2000-2001 Approved Capital Budget of the Aviation Department.) 55% DBE Prime, 45% DBE subcontracting participation. Resolution No. 010719-46 was approved. 47. Approve a resolution authorizing execution of a construction contract with AIR CLEANING TECHNOLOGIES, INC., Broken Arrow, OK, for installation of a vehicle exhaust removal system in the Air Rescue and Fire-Fighting Station at Austin-Bergstrom International Airport, in an amount not to exceed $145,800. (Funding was included in the 2000-2001 Approved Capital Budget of the Department of Aviation.) Sole bid. 7.57% MBE, 4.6% WBE subcontracting participation. Resolution No. 010719-47 was approved. 48. Approve a resolution authorizing execution of a construction contract with A & R DEMOLITION, INC., Del Valle, Texas, for the demolition of Del Valle High School, Baty and Hillcrest Elementary Schools, and the Pro Shop at Cedars Golf Course, in the amount of $706,000. (Funding is included in the 2000-2001 Approved Capital Budget of the Aviation Department.) Lowest of four bids. 0% MBE, 5.47% WBE subcontracting participation. Resolution No. 010719-48 was approved. 49. Approve a resolution authorizing negotiation and execution of an amendment to the professional services agreement with GILBANE BUILDING COMPANY, Austin, Texas, for project management services of the Austin Convention Center Renovation Project, in conjunction with the Austin Convention Center Expansion Project, in the amount not to exceed $474,688, for a total amount not to exceed $4,365,164. (Funding in the amount of $474,688 is available in the 2000- 2001 Approved Capital Budget.) 28.1% MBE, 0% WBE subcontracting participation. Resolution No. 010719-49 was approved. Item 50 was pulled for discussion. 51. Approve a resolution authorizing the negotiation and execution of a sixty-month lease renewal of approximately 3,300 square feet of office space located at 723 East 6th Street, from 723 East Sixth MINUTES OF CITY COUNCIL MEETING 8 JULY 19,2001 Street, L.C., for use by the Law Department's City Prosecutor's Office, in an amount not to exceed $310,100. (Funding for the contract period is contingent upon available funding in future budgets.) Resolution No. 010719-51 was approved. 52. Approve a resolution authorizing the negotiation and execution of a contract to purchase approximately 19 acres in fee simple located along Old Manor Road from Rubert Ceder, W.B. Pannell, and Rose Annette Pannell, Trustees under The Pannell Living Trust, for Greenways and Destination Parks as authorized by the November 1998 Bond Proposition 2, in an amount not to exceed $120,000. (Funding is included in the 2000-2001 Amended Capital Budget of the Parks and Recreation Department.) Resolution No. 010719-52 was approved. 53. Approve a resolution authorizing the negotiation and execution of a contract to purchase approximately 308.95 acres in fee simple located south of Slaughter Lane and east of Brodie Lane from the Trust for Public Lands ("TPL"), for the Greenways and Destination Parks as authorized by the November 1998 Bond Proposition 2, in an amount not to exceed $1,960,000. (Funding was included in the 2000-2001 Amended Capital Budget of the Parks and Recreation Department.) Resolution No. 010719-53 was approved. 54. Approve a resolution authorizing negotiation and execution of an amendment to the professional services agreement with JESSEN, INC, (MBE/MH), Austin, Texas, for additional architectural design services and extended construction phase services for the South Austin Police Substation, located at 404 Ralph Ablanedo Drive, in an amount not to exceed $41,070, for a total contract not to exceed $509,155. (Funding in the amount of $41,070 is included in the Fiscal Year 2001 Capital Budget of the Austin Police Department.) 65% MBE Prime, 10% MBE, 10% WBE subcontracting participation. Resolution No. 010719-54 was approved. 55. Set a public hearing to approve a use agreement for approximately 0.1624 acres (7,076 square feet) to allow the construction of an additional northbound turn lane on North Lamar Boulevard at W. 24th Street through dedicated parkland known as Caswell Tennis Center Park in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife Code. (All costs associated with the road construction as well as any parkland restoration will be paid by the requestor through a previously approved CIP.) (Suggested Date and Time: August 23, 2001 at 6:00 p.m.) Resolution No. 010719-55 was approved. 56. Set a public hearing to consider approval of an approximately 0.94 acre (40,825 square feet) for right-of-way and 4.9312 acres (214,803 square feet) for a temporary work space use agreement to allow the construction of Loyola Lane, Phase n, through dedicated parkland known as North East District Park in accordance with Sec. 26.001 et seq. of the Texas Parks and Wildlife code. (All costs associated with the road construction as well as any parkland restoration will be paid by the requestor.) (Recommended by Parks and Recreation Board) (Suggested Date and Time: August 23, 2001 at 6:00 p.m.) Resolution No. 010719-56 was approved. MINUTES OF CITY COUNCIL MEETING 9 JULY 19,2001 57. Approve a resolution authorizing execution of a construction contract with KIVA INC., Buda, Texas, for water improvements in the area bounded by Anderson Mill Road to the north, Spicewood Springs Road on the south, the existing City limits to the west, and the Balcones Village subdivision, in an amount not to exceed $826,499.25, and a contingency of $82,649.93, for a total contract amount not to exceed $909,149.18. (Funding was included in the 2000-2001 Amended Capital Budget of the Water & Wastewater Utility.) Lowest of two bids received. 39.29% MBE, 15.88% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) Resolution No. 010719-57 was approved. 58. Approve a resolution authorizing execution of an Interlocal Agreement with the TEXAS TURNPIKE AUTHORITY for the relocation of existing water facilities as part of the SH 45 roadway improvements between County Road 170 and County Road 172. (No funding of the relocations is required by the City of Austin. The City of Round Rock has agreed to pay for the relocations required for these improvements.) (Recommended by Water and Wastewater Commission) Resolution No. 010719-58 was approved. Item 59 was pulled for discussion. 60. Approve a resolution authorizing negotiation and execution of an amendment to the existing professional services agreement with FORENSIC ANALYSIS AND ENGINEERING, CORPORATION, Raleigh, North Carolina, for forensic engineering analysis on the Ullrich Medium Service Transmission Main, in an amount not to exceed $120,000 for a total contract amount not to exceed $250,215. (Funding in the amount of $120,000 was included in the 1998- 1999 Amended Capital budget of the Water & Wastewater Utility.) (Recommended by Water and Wastewater Commission) Resolution No. 010719-60 was approved. 61. Approve a resolution authorizing execution of Change Order #6 to the construction contract with SEVEN K CONSTRUCTION COMPANY, Wheeling, IL, for additional roof supports and water quality control measures required during construction of the tunnel as part of the Ullrich Medium Service Transmission Main Ullrich Water Treatment Plant Project, in an amount not to exceed $555,731.04, for a total contract amount not to exceed $9,742,641.04 (Funding in the amount of $555,731.04 is available in the 1997-1998 Capital Budget of the Water & Wastewater Utility.) 0.09% WBE subcontractor participation. (Recommended by Water and Wastewater Commission) Resolution No. 010719-61 was approved. 62. Approve a resolution authorizing fee simple acquisition of 5.00 acres of land (Tract 1) locally known as 11941 Lime Creek and 6.31 acres (Tract 2) locally known as 11929 Lime Creek out of the T.C. RR. Co. Survey No. 193, Travis County from Robert Scott Ingram for a radio tower site for the Regional Trunked Radio System Project, in an amount not to exceed $275,000. (Funding is available in the 2000-2001 Amended Capital Budget of the Information Systems Department.) Resolution No. 010719-62 was approved. 63. Approve a resolution authorizing negotiation and execution of a one-month lease extension of 21,539 square feet of space at 701 W. 5th Street, from PPC SAGE AUSTIN POWERS LIMITED PARTNERSHIP, a Texas Limited Partnership, Dallas, Texas, for the Health and Human Services Department, the Public Works Department, and the Transportation, Planning, and Sustainability Department, in an amount not to exceed $29,000. (Funding in the amount of $19,333.34 is available in the 2000-2001 Operating Budget of the Health and Human Services MINUTES OF CITY COUNCIL MEETING 10 JULY 19,2001 Department/Austin Resource Center for the Homeless; $4,833.33 is available in the 2000-2001 Operating Budget of the Public Works Department/Construction Inspection Division; and $4,833.33 is available in the 2000-2001 Operating Budget of the Transportation, Planning & Sustainability Department/Parking Enforcement.) Resolution No. 010719-63 was approved. 64. Approve a resolution authorizing execution of a contract with FREIGHTLINER OF AUSTIN, Austin, Texas, for the purchase of one truck-mounted hydraulic pressure digger for the Electric Utility Department in an amount not to exceed $178,847. (Funding is available in the 2000-2001 Amended Capital Budget of the Electric Utility Department.) Low bidder/five bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. The recommended awardee will provide the truck directly to the City. There is no opportunity for subcontracting, therefore, no goals were established for this solicitation. Resolution No. 010719-64 was approved. 65. Approve a resolution authorizing negotiation and execution of a contract with ATLAS COPCO, Hutto, Texas, for the purchase of instrument air compressors and accessories, in an amount not to exceed $191,551. (Funding is available in the 2000-2001 Amended Capital Budget for the Electric Utility Department.) Best proposal/two proposals received. This contract was awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. These services were provided by the original equipment manufacturer. No subcontracting opportunities were identified, therefore, no MBE/WBE goals were established for this solicitation. Resolution No. 010719-65 was approved. 66. Approve a resolution authorizing negotiation and execution of a contract with GLEX, INC., Houston, Texas, for the purchase of an ammonia storage and transfer system in an amount not to exceed $198,600. (Funding is available in the 2000-2001 Amended Capital Budget for the Electric Utility Department.) Best evaluated proposal/three proposals received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. These services will be provided by the original equipment manufacturer. No subcontracting opportunities were identified; therefore, no MBE/WBE goals were established for this solicitation. Resolution No. 010719-66 was approved. 67. Approve a resolution authorizing negotiation and execution of a contract with FLOWSERVE, Phillipsburg, NJ, for the purchase of two boiler feed pumps in an amount not to exceed $394,929. (Funding is available in the 2000-2001 Amended Capital Budget for the Electric Utility Department.) Sole Proposer. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore, no MBE/WBE goals were established for this solicitation. This contract is for commodity purchase with direct delivery by the manufacturer. Resolution No. 010719-67 was approved. 68. Approve a resolution authorizing negotiation and execution of a contract with CB&I CONSTRUCTORS, Inc., The Woodlands, Texas, for the purchase of a demineralized water tank in an amount not to exceed $312,410. (Funding is available in the 2000-2001 Amended Capital Budget for the Electric Utility Department.) Best proposal/three proposals received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore, no MBE/WBE goals were established for this solicitation. This contract is for commodity purchase with direct delivery by the manufacturer. Resolution No. 010719-68 was approved. Item 69 was pulled for discussion. MINUTES OF CITY COUNCIL MEETING 11 JULY 19,2001 70. Approve a resolution authorizing execution of 24-month supply agreement with GENERAL ELECTRIC SUPPLY, INC., Austin, Texas; and KBS ELECTRICAL DISTRIBUTORS, Austin, Texas, for the purchase of pre-assembled capacitor banks in a combined amount not to exceed $213,156, with two 12-month extension options in a combined amount not to exceed $106,578 per option, for a total amount not to exceed $426,312. (Funding in the amount of $213,156 is available in the 2000-2001 Amended Capital Budget of Electric Utility Department. Funding for the extension options is contingent upon available funding in future budgets.) Low bids/four bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore no MBE/WBE goals were established for this solicitation. This contract is for a commodity that will be delivered by the distributor. Resolution No. 010719-70 was approved. 71. Approve a resolution authorizing negotiation and execution of a contract with ABB AUTOMATION, INC., NETWORK MANAGEMENT DIVISION, Sugar Land, Texas, for the purchase of a Supervisory Control and Data Acquisition/Energy Management System (SCADA/EMS) including installation, training and one year of maintenance in an amount not to exceed $6,109,862 with extension options for maintenance for years two through five in the amounts not to exceed $444,050 for year two, $475,133 for year three, $508,393 for year four, and $543,980 for year five for a total contract amount not to exceed $8,081,418. (Funding in the amount of $6,109,862 is available in the 2000-2001 Amended Capital Budget of the Electric Utility Department. Funding for the extension options is contingent upon available funding in future budgets.) Best proposal/three proposals received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. There were no opportunities for subcontracting; therefore, no MBE/WBE goals were established. All work will be done with the contractor's own workforce. (Recommended by Electric Utility Commission) Resolution No. 010719-71 was approved. 72. Approve a resolution authorizing execution of a 12-month supply agreement with BASS & HAYS FOUNDERY, Grand Prairie, Texas, for the purchase of manhole covers and rings in an amount not to exceed $73,690.60 with two 12-month extension options in an amount not to exceed $73,690.60 per option, for a total amount not to exceed $221,071.80. (Funding in the amount of $12,281.77 is available in the 2000-2001 Amended Operating Budget of Electric Utility Department. Funding for the balance of the contract and extension options is contingent upon available funding in future budgets.) Low bid/two bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore no MBE/WBE goals were established for this solicitation. This contract is for a commodity that will be delivered by the manufacturer. Resolution No. 010719-72 was approved. 73. Approve a resolution authorizing execution of a 12-month supply agreement with HIGH VOLTAGE SUPPLY, INC., Dallas, Texas, for the purchase of extra low resistance contacts (ELR), in an amount not to exceed $303,999.36, with three 12-month extension options in an amount not to exceed $303,999.36 per option, for a total amount not to exceed $1,215,997.44. (Funding in the amount of $50,666.56 is available in the 2000-2001 Amended Operating Budget for the Electric Utility Department. Funding for the balance of the contract period and the extension options is contingent upon available funding in future budgets.) Sole Source. High Voltage Supply, Inc. is the manufacturer and sole provider of the ELR contacts. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore no MBE/WBE goals were established for this solicitation. High Voltage Supply, Inc. has indicated that they will provide all labor required and supply materials required out of existing supplies; therefore, there are no subcontracting opportunities. Resolution No. 010719-73 was approved. MINUTES OF CITY COUNCIL MEETING 12 JULY 19,2001 74. Approve a resolution to ratify Modification No. 4 to a service agreement with UTILITY METER SERVICES, Willow Grove, PA, which provides electric and water meter reading services in an amount not to exceed $467,940 for a revised total contract amount not to exceed $2,713,244. (Funding in the amount of $467,940 is available in the 2000-2001 Amended Operating Budget of the Electric Utility Department.) This contract was awarded under the 1996 MBE/WBE Ordinance as amended. Participation of 0% MBE and 15% WBE was approved. There is no change in participation for this modification. Resolution No. 010719-74 was approved. 75. Approve a resolution authorizing execution of a five-year contract with DATA RESEARCH ASSOCIATES, (DRA), Saint Louis, Missouri, for hardware and software maintenance and support for the Austin Public Library's integrated automated library system in the annual amounts of $83,274, 91,601.40, $100,761.54, $110,837.69 and $121,921.46 for a total contract amount not to exceed of $508,396.09. (Funding in the amount of $6,164 was included in the 2000-2001 Approved Operating Budget of the Library. Funding for the remaining 59 months will be contingent upon available funding in future operating budgets.) Sole Source. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. Contractor will provide all services directly to the City with its own workforce. No subcontracting opportunities were identified, therefore no goals were established for this solicitation. Resolution No. 010719-75 was approved. 76. Approve a resolution authorizing execution of a contract with B & H PHOTO-VIDEO, INC., New York, NY, for purchase of studio editing and camera equipment in an amount not to exceed $57,750. (Funding was included in the 2000-2001 Amended Operating Budget of the Public Information Office.) Low bid/eight bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Resolution No. 010719-76 was approved. Items 77 and 78 were pulled for discussion. 79. Approve a resolution authorizing execution of a contract with SPECIALTY SUPPLY & INSTALLATION CO., Conroe, Texas, for purchase and installation of a wall-attached telescopic seating system for the Austin Convention Center in an amount not to exceed $555,706. (Funding was included in the 2000-2001 Approved Capital Budget of the Austin Convention Center Department.) Overall low bid/two bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified; therefore, no goals were established for this solicitation. Resolution No. 010719-79 was approved. 80. Approve a resolution authorizing execution of a 12-month service agreement with ALLIED FENCE CO., Round Rock, Texas, for fencing services in an amount not to exceed $75,000 with two 12-month extension options in an amount not to exceed $75,000 per extension for a total agreement amount not to exceed $225,000 (Funding in the amount $18,750 was included in the 2000-2001 Approved Operating Budget of the Finance and Administrative Services Department, Building Services Division. Funding for the remaining nine months of the original contract period and extension options is contingent upon available funding in future budgets.) Low bid/three bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Resolution No. 010719-80 was approved. MINUTES OF CITY COUNCIL MEETING 13 JULY 19,2001 81. Approve a resolution authorizing execution of a contract with LONGHORN INTERNATIONAL TRUCKS LTD, Austin, Texas, for the purchase of 19 heavy truck cabs and chassis with various types of mounted dump bodies in the amount of $1,168,737. (Funding in the amount of $644,444 was included in the 2000-2001 Operating Budget of the Department of Public Works and Transportation, Transportation Fund; $59,964 is available in the 2000-2001 Operating Budget of the Water and Wastewater Utility Department. $212,337 was included in the 2000-2001 Capital Budget of the Watershed Protection and Development Review Department; $132,064 was included in the 2000-2001 Capital Budget of the Water and Wastewater Utility; $119,928 was included in the 2000-2001 Capital Budget of the Solid Waste Services Department.) Low bid/four bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. The recommended awardee will provide the trucks with mounted bodies directly to the City. There is no opportunity for subcontracting, therefore, no goals were established for this solicitation. Resolution No. 010719-81 was approved. 82. Approve a resolution authorizing execution of a 12-month service agreement with AVNET NETWORK SOLUTIONS DIVISION (formally Kent Datacom), Austin, Texas, to provide printer maintenance and support services for the City of Austin's laser printers in an amount not to exceed $79,099 with two 12-month extension options in amounts not to exceed $84,826 and $93,106 respectively for a total contract amount of $257,031. (Funding in the amount $19,775 was included in the 2000-2001 Operating Budget for various City departments. Funding for the remaining nine months of the initial contract period and the option periods will be contingent upon available funding in future budgets.) Low bidder meeting specifications/five bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Resolution No. 010719-82 was approved. 83. Approve a resolution authorizing execution of a 12-month service agreement with HYDRAULICS OF TEXAS, Houston, Texas, for hydraulic system repair services in an amount not to exceed $60,000 with two 12-month extension options in an amount not to exceed $60,000 per extension for a total contract amount not to exceed $180,000. (Funding in the amount of $10,000 was included in the 2000-2001 Operating Budget of the Fleet Maintenance Fund of the Finance and Administrative Services Department. Funding for the remaining ten months of the original contract period and extension options is contingent upon available funding in future budgets.) Low bid/ two bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Vendors utilize their own work force in providing these services to the City. Resolution No. 010719-83 was approved. 84. Approve a resolution authorizing execution of a contract with AGILENT TECHNOLOGIES, Wilmington, DE, for the purchase of a mass spectrometer and gas chromatograph with data station for the Austin Police Department in an amount not to exceed $98,233. (Funding was included in the 2000-2001 Approved Operating Budget of the Austin Police Department.) Agilent Technologies is the sole authorized provider of this equipment. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Resolution No. 010719-84 was approved. 85. Approve a resolution authorizing execution of a contract with KUSTOM SIGNALS, INC., Lenexa, KS, for the purchase of 80 video/audio mobile law enforcement recording systems including cameras, accessories and a two year warranty for the Austin Police Department in an amount not to MINUTES OF CITY COUNCIL MEETING 14 JULY 19,2001 exceed $390,400. (Funding was included in the 2000-2001 Approved Operating Budget of the Austin Police Department.) Sole Source. Kustom Signals, Inc. is the inventor, sole manufacturer and supplier of this type of video/audio mobile law enforcement recording system. Austin Police Department concurs with this award. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore no goals were established for this purchase. Resolution No. 010719-85 was approved. 86. Approve a resolution authorizing execution of an interlocal agreement between the City of Austin and the New Mexico State Purchasing Agent (NMSPA) to participate in the Western States Contracting Alliance (WSCA), for 15 months to purchase servers, laptop, and special configured desktop computers in an amount not to exceed $2,225,070, with two 12-month extension options in an amount not to exceed $1,017,500 per option, for a total agreement amount not to exceed $4,260,070. (Funding in the amount of $628,020 was included in the 2000-2001 Amended Operating Budget for various City departments. Funding of $705,500 is available in the 2000- 2001 Amended Capital Budget of the Electric Utility Department. Funding for the remaining 12 months of the original contract period and extension options is contingent upon available funding in future budgets.) Resolution No. 010719-86 was approved. 87. Approve a resolution authorizing execution of a contract with NAZTEC INC., Sugar Land, Texas, to purchase 130 School Flasher Cabinets in the amount not to exceed $100,620 with a six month option to purchase an additional 150 units in an amount not to exceed $116,100 for a total contract amount not to exceed $216,720. (Funding in the amount of $100,620 is available in the 2000-2001 Operating Budget of the Transportation, Planning and Sustainability Department [TPS]. Funding for the option is contingent upon available funding in future budgets.) Lowest of two bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. There were no subcontracting opportunities identified, therefore no goals were established for this solicitation. Resolution No. 010719-87 was approved. 88. Approve a resolution authorizing execution of a 12-month service agreement with MET ALLOY INDUSTRIES INC., Alachua, FL, to provide replacement and technical support for various CISCO telecommunications routers and equipment in an amount not to exceed $204,280, with four 12-month extension options not to exceed amounts of $235,000, $270,250, $310,800 and $357,420 respectively for a total contract amount not to exceed $1,377,750. (Funding in the amount of $204,280 is available in the 2000-2001 Operating Budget for the Information Systems Department. Funding for the extension options is contingent upon available funding in future budgets.) Low bid of three bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Resolution No. 010719-88 was approved. 89. Approve an Ordinance to amend the Austin City Code, Section 16-4 -15 - Speed Limits, by adding Blessing Avenue from 400 feet north of Wilks Avenue to 200 feet north of Wheatley Avenue to the list of streets having a maximum speed limit of 20 mph during certain times for students attending J.J. Pickle Elementary School. (Funding in the amount $10,000 for the installation of signs and markings is available in the 2000-2001 Child Safety Fund for the Transportation, Planning and Sustainability Department.) Ordinance No. 010719-89 was approved. 90. Approve an ordinance to amend the Austin City Code, Section 16-4 -15 - Speed Limits, by adding Wheatley Avenue from Providence Avenue to Blessing Avenue to the list of streets having a MINUTES OF CITY COUNCIL MEETING 15 JULY 19,2001 maximum speed limit of 20 mph during certain times for students attending J.J. Pickle Elementary School. (Funding in the amount of $500 for the installation of signs and markings is available in the 2000-2001 Child Safety Fund for the Transportation, Planning and Sustainability Department.) Ordinance No. 010719-90 was approved. 91. Approve an ordinance amend the Austin City Code, Section 16-4-15 - Speed Limits, by adding East St. Johns Avenue from Carver Avenue to Grand Canyon Drive to the list of streets having a maximum speed limit of 20 mph during certain times for students attending J.J. Pickle Elementary School. (Funding in the amount of $10,000 for the installation of signs and markings is available in the 2000-2001 Child Safety Fund for the Transportation, Planning and Sustainability Department) Ordinance No. 010719-91 was approved. 92. Approve an ordinance to amend the Austin City Code, Section 16-4-33 - Speed Limits, by adding Salt Springs Drive from East William Cannon Drive to Thaxton Road, to the list of streets having a maximum speed limit of 40 miles per hour. (Funding in the amount of $400 is available in the 2000-2001 Operating Budget of the Transportation, Planning and Sustainability Department for installation of the appropriate speed limit signs.) Ordinance No. 010719-92 was approved. 93. Approve an ordinance amending section 16-4-34 - Speed Limits of the City Code by adding Four Points Drive from R.M. 620 to Riverplace Boulevard to the list of streets having a maximum speed limit of 45 miles per hour. (Funding in the amount of $400 is available in the 2000-2001 Operating Budget of the Transportation, Planning and Sustainability Department for installation of the appropriate speed limit signs.) Ordinance No. 010719-93 was approved. 94. Approve an ordinance to amend the Austin City Code, Section 16-4-15-Speed Limits, by adding Dahlgreen Avenue from La Crosse Avenue to 700 feet south of La Crosse Avenue to the list of streets having a maximum speed limit of 20 mph during certain times for students attending Kiker Elementary School. (Funding in the amount of $ 200 is available in the 2000-2001 Child Safety Fund for the Transportation, Planning and Sustainability Department.) Ordinance No. 010719-94 was approved. Item 95 was pulled for discussion. 96. Adopt a resolution approving the release of approximately 625 acres of extraterritorial jurisdiction (ET J) from the City of Austin to the City of Lago Vista (located on the north shore of Lake Travis at Lake Shore Drive; southwest of the City of Jonestown; and east of the City of Lago Vista) This item was postponed to August 2, 2001. 97. Set public hearings for the full purpose annexation of the Del Valle area (approximately 1120 acres extending on the east side of US 183 from the existing full purpose city limits near Hergotz Lane southeastwards along US 183 and SH 71 to the existing full purpose city limits at Falwell Lane). (Financial data will be submitted with the annexation RCA. No fiscal impact associated with setting public hearings.) (Suggested Dates and Times: August 2, 2001 at 6:00 p.m., Lower Colorado River Authority Hancock Building and August 6, 2001 at 6:30 p.m., South Rural Health Center, 3518 F.M. 973 S.) Resolution No. 010719-97 was approved. 98. Set public hearings for the full purpose annexation of the ACF tract (approximately 68 acres on the east side of River Place Blvd. between Bonaventure Dr and Milky Way Dr). (Suggested Dates MINUTES OF CITY COUNCIL MEETING 16 JULY 19,2001 and Times: August 2, 2001 at 6:00 p.m., Lower Colorado River Authority Hancock Building and August 9, 2001 at 6:00 p.m., Lower Colorado River Authority Hancock Building) Resolution No. 010719-98 was approved. 99. Set public hearings for the full purpose annexation of the Farmer Lane area (approximately 43 acres on the east side of Farmer Lane at the intersection of Farmer Lane and McNeil Drive and at the intersection of Farmer Lane and Legendary Drive. (Suggested Dates and Times: August 2, 2001 at 6:00 p.m.., Lower Colorado River Authority Hancock Building and August 9, 2001 at 6:00 p.m., Lower Colorado River Authority Hancock Building) Resolution No. 010719-99 was approved. Item 100 was pulled for discussion. 101. Approve a resolution authorizing negotiation and execution of amendment to the existing Wholesale Water Service Agreement with City of Pflugerville to expand the approved wholesale service area to include all of Pflugerville's Extraterritorial Jurisdiction (ETJ) and to modify the remaining term of the agreement. (Recommended by Water and Wastewater Commission) Resolution No. 010719-101 was approved. 102. Approve a resolution authorizing execution of a construction contract with G. CREEK INC., Austin, Texas, for the Hornsby Bend Biosolids Management Plant Air Purification System, in the amount of $96,500, plus $9,500 to be used as a contingency fund for change orders, for a total amount not to exceed $106,000. (Funding was included in the 2000-2001 Amended Capital Budget of the Water & Wastewater Utility.) (Recommended by Water and Wastewater Commission) Resolution No. 010719-102 was approved. 103. Approve a resolution authorizing negotiation and execution of an Interlocal Agreement with 27 governmental entities in the Colorado River basin to create and become a member of the Texas Colorado River Floodplain Coalition. (The amount of $250 funding for the initial, one-time membership fee, was included in the Fiscal Year 2000-2001 Operating Budget of the Watershed Protection and Development Review Department.) Resolution No. 010719-103 was approved. 104. Approve a resolution denying the request of Reagan National Advertising, Inc., for a public hearing to consider its appeal of the Sign Review Board's decision on July 1, 2001 concerning replacement sign permits for billboards located at 28011/2 Cole Street, 7715 E. Ben White Blvd., 7219 Vi. E. Ben White Blvd., and 7401 E. Ben White Blvd. City Staff: Luci Gallahan, 974-2669. This item was removed from the agenda because the appellant withdrew his appeal. Items 105-114 were Citizen Communications. Items 115-147 were Zoning Items. Items 148-149 were Public Hearings. Item 150 was Board and Commission Appointments. Item 151 was an Executive Session Item. 152. Appointments Center for Mexican Cultural Arts. This item was postponed indefinitely. MINUTES OF CITY COUNCIL MEETING 17 JULY 19,2001 DISCUSSION ITEMS 7. C14-00-2217 - Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code rezoning property located at 803 and 807 West Martin Luther King Jr. Blvd. (Shoal Creek Watershed) from MF-4, Multifamily Residence Medium-High Density district zoning and LO, Limited Office district zoning to GO-MU-CO, General Office-Mixed Use-Conditional Overlay Combining district zoning with conditions. First Reading on March 8, 2001; Vote 7-0. Second Reading on April 5, 2001; Vote: 5-2, Slusher and Wynn nay. Conditions met as follows: Conditional overlay incorporates the conditions imposed by City Council at second reading. Applicant: Austin Rehabilitation Center (Bill Wigmore) and SR Development (Bill Gurasich). Agents: Gigi Edwards, Lopez, Phelps and Vaughn (Amelia Phelps). City Staff: Glenn Rhoades, 974-2775. Note: A valid petition has been filed in opposition to this rezoning request, (continued from 5/10/01, 6/7/01 and 06/14/01). This items was postponed to August 9, 2001 on Council Member Wynn's motion, Council Member Slusher's second on a 6-0 vote. Mayor Watson was absent. 1. Approval of minutes for regular meeting of June 14, 2001. The minutes for the regular meeting of June 14, 2001 were approved on Council Member Griffith's motion, Council Member Alvarez' second by a 6-0 vote. Mayor Watson was absent. BRIEFINGS 2. Update on proposals to promote environmentally sound landscaping practices in Austin. The presentation was made by Nancy McClintock, Wastewater Protection Division; Skip Richter, LadyBird Johnson Wild Flower Center; Dick Pierce, American Youth Works; and John Dromgoole, Gardener. DISCUSSION ITEMS CONTINUED 35. C14-01-0019 - Champion Property - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 5900-6500 FM 2222 (West Bull Creek Watershed) from DR, Development Reserve district zoning to SF-2-CO, Single Family Residence Standard Lot-Conditional Overlay Combining district zoning for Tracts 1 and Tract 3. First reading May 17, 2001; Vote: 5-1-1, Griffith-Nay, Thomas-abstained. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Applicant: Jose Champion, Juanita Meier, and Mary Margaret Robertson. Agent: Graves, Dougherty, Hearon (Michael Whellan). City Staff: Annick Beaudet, 974-3072 Ordinance No. 010719-35 was approved with the following conditions on Council Member Slusher's motion, Council Member Wynn's second on a 6-0 vote. Mayor Watson was absent. 1) The minimum width of the first six flat lots on Tract 3 is 30 feet. The minimum width of subsequent lots is 50 feet. 2) The minimum building setback is 25 feet along the northern boundary line of the property. 36. C14-01-0029 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 5 01 through 515 Congress Avenue (Town Lake Watershed) from CBD, Central Business District zoning to CBD-CURE, Central Business District-Central Urban Redevelopment Combining district zoning. First reading June 14, 2001; Vote: 7-0. Conditions met as follows: Restrictive covenant incorporates the conditions accepted by Council at first reading. Applicant: Hines Austin Limited Partnership (Carleton Riser) Agent: Lock, Liddell and Sapp (Jay Hailey). City Staff: Glenn Rhoades, 974-2775. MINUTES OF CITY COUNCIL MEETING 18 JULY 19,2001 This item was postponed to August 2, 2001 on Council Member Wynn's motion, Council Member Thomas' second on a 6-0 vote. Mayor Watson was absent. 150. APPOINTMENTS Construction Advisory Committee Johnson, Kevin new appointment Slusher Electrical Board Ferrales, Gilbert reappointment Mayor Walden, Thomas "Randy" reappointment Slusher Environmental Board Ascot, Karin reappointment Wynn Alvarez, Dr. Ramon reappointment Mayor Human Rights Commission Burleson, Cynthia D. new appointment Griffith Planning Commission Resource Management Commission Alexander, Gordon W.T. reappointment Alvarez Osborne, Michael James reappointment Slusher Telecommunications Commission Rodriguez, Patrick reappointment Alvarez The motion to recess the Council meeting at 11:55 a.m. to go into Executive Session was approved Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was absent. EXECUTIVE SESSION The City Council went into Executive Session, 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 and to receive advice from Legal Counsel regarding any other item on this agenda. 3. Discuss legal issues concerning the City's outstanding loan with respect to Vision Village. No discussion was held on this item. 4. Discuss acquisition of real property located at 1501-1699 Frontier Valley Drive and 7300-7320 East Riverside Drive, also known as the Jockey Club. This item was postponed to August 2, 2001. 5. Discuss acquisition of real property related to the Barton Springs Clean Water funded by May 2, 1998 Election, Proposition 2, and November 1998 Election, Proposition 8 bonds. 151. Discuss legal issues concerning the proposed release of extraterritorial jurisdiction in Hays County, Texas. No discussion was held on this item. Mayor Pro Tern Goodman announced item 95 would also be discussed. The Executive session ended at 12:30 p.m. Council Member Daryl Slusher called the meeting back to order at 1:37 p.m. MINUTES OF CITY COUNCIL MEETING 19 JULY 19,2001 CITIZEN COMMUNICATIONS 105. Gus Pena - To discuss the City's (01) Budget. To discuss the need fore more aggressive push for transitional Housing for homeless families and affordable housing. To caution the City Council about tax abatements and (or) tax Credits for AMD. (Too many people need help in the City. Let's Help the taxpayers with a break. 106. Marguerite Jones - Equal protection Longhorn Pipeline. 107. Susana Almanza - Equal Protection from Longhorn Pipeline. 108. Erika Gonzalez - PODER'S Bus Rider's Union: Elimination of fares, 24 hr. service, more frequent express and cross town routes, van pools, installation of bike racks, baby stroller storage and shelter on most bus stops. 109. Che Martinez - PODER Bus Riders Union: 24 hour, free fare, bike racks and baby stroller storage, more frequent and express cross town routes, and shelters. 110. Tom Renteria - PODER Bus Rider's Union. 111. Khy Chapman - Portable toilet installation on 500 block of Trinity. ABSENT 112. Andreas Restifo - Portable toilet installation project on the 500 block of Trinity at 6th Street. ABSENT 113. Akwasi Evans - Reparations. 114. Sally Jacques - Maintenance of land around and beneath Airport Blvd. At Springdale Rd. ABSENT DISCUSSION ITEMS CONTINUED 78. Approve a resolution authorizing execution of a construction contract with RELIABLE ROOFING & REMODELING, San Antonio, Texas, for roof replacement at Fire Stations #25 & #26 in the amount of $47,801. (Funding was included in the 2000-2001 Approved Capital Budget of General Government [Building Maintenance.]) Lowest of three bids received. 45.73% MBE, 0% WBE subcontracting participation. Resolution No. 010719-78 was approved on Council Member Wynn's motion, Mayor Pro Tern Goodman's second on a 5-0 vote. Mayor Watson was absent. Council Member Thomas was off the dais. 6. Approve acquisition of real property related to the Barton Springs Clean Water funded by May 2, 1998 Election, Proposition 2, and November 1998 Election, Proposition 8 bonds. Resolution No. 010719-06 was approved on Council Member Slusher's motion, Council Member Griffith's second on a 5-0 vote. Mayor Watson was absent. Council Member Thomas was off the dais. 9. Approve a resolution authorizing negotiation and execution of the First Amendment to the Catering and Concession Service Agreement (Amendment) between Fine Host Corporation (Fine Host) and the City of Austin (City) dated November 24, 1997. The Amendment will increase the term of the contract by nine years (to 2016), set the initial periodic fixed fee at $41,666.66 per month, provide for an incentive-based annual bonus not to exceed $26,315.79, designate Fine Host the exclusive caterer at the Convention Center facility only (non-exclusive for catering at the Town Lake Park Community Events Center) and require an investment by Fine Host of $1,500,000 in kitchen equipment for the catering and concession operation as agreed upon by Fine Host and the City. Resolution No. 010719-09 was approved with the amendment that staff negotiate the contract, but bring it back to Council prior to execution on Council Member Slusher's motion, Mayor Pro Tern Goodman's second on a 6-0 vote. Mayor Watson was absent. MINUTES OF CITY COUNCIL MEETING 20 JULY 19,2001 30. C14-00-2160 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 810 and 812 Capitol Court (Waller Creek Watershed) from SF-3, Family Residence district zoning to MF-2-CO, Multi-Family Residence Low Density Conditional Overlay Combining zoning with conditions. First reading on March 22, 2001; Vote 6-1, Griffith nay. Conditions met as follows: Conditional overlay incorporates the conditions approved by Council at first reading. Applicant: Daniel Day. Agent: Mchone Real Estate (Mike Mchone) City Staff: Glenn Rhoades, 974-2775. (continued from 4/19/01, 5/10/01 and 5/24/01) The second reading of the ordinance was approved with the condition that staff facilitated a meeting with the developer and the neighborhood with a goal of working toward a covenant to be included in the ordinance on the third reading, on Council Member Griffith's motion, Mayor Pro Tern Goodman's second on a 6-0 vote. Mayor Watson was absent. 39. Approve an ordinance authorizing issuance of a free lifetime swim pass for Barton Springs Pool to Dorothy Richter, Dr. Vlastimil Koseticky and Jane Pitkin. Ordinance No. 010719-39 was approved on Council Member Slusher's motion, Mayor Pro Tern Goodman's second on a 6-0 vote. Mayor Watson was absent. 44. Approve an ordinance amending Chapter 15-12 of the City Code to require excavation projects in the public rights-of-way, except those performed by gas utilities, be engineered by a professional engineer licensed to practice in the State of Texas. A motion was made to approve the ordinance by Council Member Slusher and seconded by Mayor Pro Tern Goodman. A substitute motion to pass the first reading of the ordinance to allow staff to work with telecommunication companies to develop criteria concerning major and minor projects failed on motion by Council Member Alvarez, seconded by Council Member Griffith on a 2-4 vote. Those voting aye were: Council Members Alvarez and Griffith. Those voting nay were: Mayor Pro Tern Goodman and Council Members Slusher, Thomas and Wynn. Mayor Watson was absent. This item did not pass with the requisite five votes necessary to waive the "three readings" rule and finally pass this item. Therefore, the item passed on first reading only. Those voting aye were: Mayor Pro Tern Goodman and Council Members Slusher, Thomas and Wynn. Those voting nay were: Council Members Alvarez and Griffith. 95. Adopt a resolution approving the release of approximately 18 acres of extraterritorial jurisdiction (ETJ) from the City of Austin to the City of Dripping Springs (located north of US HWY 290 West between the intersection on US HWY 290 and Oak Branch Drive and the intersection of US HWY 290 and Heritage Oaks Drive) This item was postponed to August 2, 2001 on Council Member Wynn's motion, Mayor Pro Tern Goodman's second on a 6-0 vote. Mayor Watson was absent. 50. Approve a resolution authorizing execution of Change Order #16 to the construction contract with SPAWGLASS CONTRACTORS, INC., Selma, Texas, for renovations to the Austin Convention Center in conjunction with the Convention Center Expansion Project, in the amount of $5,092,080 for a total contract amount not to exceed $72,647,435. (Funding in the amount of $5,092,080 is available in the 2000-2001 approved Capital Budget.) 21.65% MBE and 22.55% WBE subcontractor participation. Resolution No. 010719-50 was approved on Council Member Thomas' motion, Council Member Griffith's second on a 4-0 vote. Mayor Watson was absent. Mayor Pro Tern Goodman and Council Member Wynn were off the dais. MINUTES OF CITY COUNCIL MEETING 21 JULY 19,2001 59. Approve a resolution authorizing execution of a construction contract with O'NEAL CONSTRUCTION, LTD., Austin, Texas, for the landscaping at the Green Water Treatment Plant, in an amount of $366,748 and a contingency in an amount of $30,000, for a total contract amount not to exceed $396,748. (Funding in the amount of $210,509 is available in the 2000-2001 Amended Capital Budget of the Water & Wastewater Utility Department; $186,239 is available in the 1995-1996 Amended Capital Budget of the Water & Wastewater Utility.) Lowest of three bids. 1.6% MBE, 37.59% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) Resolution No. 010719-59 was approved on Council Member Thomas' motion, Council Member Griffith's second on a 4-0 vote. Mayor Watson was absent. Mayor Pro Tern Goodman and Council Member Wynn were off the dais. 69. Approve a resolution authorizing execution of a 12-month service agreement with THIELSCH ENGINEERING, INC., Cranston, RI, for power plant maintenance services in an amount not to exceed $2,500,000 with four-12 month extension options in an amount not to exceed $2,500,000 per extension for a total agreement amount not to exceed $12,500,000. (Funding in the amount of $416,666.67 is available in the 2000-2001 Amended Operating Budget for the Electric Utility Department. Funding for the remaining ten months of the original contract period and the extension options is contingent upon available funding in future budgets.) Best proposal/two proposals received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. 14.1% MBE, 15% WBE subcontracting participation. Resolution No. 010719-69 was approved on Council Member Thomas' motion, Council Member Alvarez's second on a 5-0 vote. Mayor Watson was absent. Mayor Pro Tern Goodman was off the dais. 77. Approve a resolution authorizing execution of a contract with ACM HIGHWAY PRODUCTS, Round Rock Texas, for the purchase of traffic signal preemption equipment for emergency vehicles in an amount not to exceed $57,460 with one 12-month option to purchase an identical quantity of equipment in an amount not to exceed $57,460 for a total contract amount not to exceed $114,920. (Funding in the amount of $57,460 is available in the 2000-2001 Operating Budget of the Transportation, Planning and Sustainability Department [TPS]. Funding for the option is contingent upon approval of future budgets.) Lowest of two bids received. This contact will be awarded in compliance with the 1996 MBE/WBE Ordinance. There were no subcontracting opportunities identified, therefore no goals were established for this solicitation. Resolution No. 010719-77 was approved on Council Member Alvarez' motion, Mayor Pro Tern Goodman's second on a 6-0 vote. Mayor Watson was absent. 100. Consider an ordinance reimbursing or waiving development fees for PLAZA LOFTS, L.P., for a development project located at 309 W. 5th Street under the Smart Growth Matrix in an amount not to exceed $195,001 and authorizing the negotiation and execution of all agreements with Plaza Lofts for the reimbursement of costs associated with the construction of streetscape and infrastructure improvements in accordance with the Great Streets Master Plan in an amount not to exceed $77,000. (Total Amount of funding: $272,001. The amount of $195,001 in estimated future waivers or reimbursements of fees: $81,714 of development review and permit fees, and fees in lieu of structural controls in the Watershed Protection and Development Review Department; $95,252 in temporary use of right-of-way and license agreement fees in the Transportation, Planning and Sustainability Department; $350 in license agreement fees in the Public Works Department; $17,685 of capital recovery, tap and inspection fees in the Water and Wastewater Utility Department. $77,000 in streetscape and infrastructure improvements in the Great Streets CLP. fund.) Ordinance No. 010719-100 was approved on Council Member Wynn's motion, Council Member Alvarez' second on a 5-1 vote. Mayor Watson was absent. Council Member Griffith voted no. MINUTES OF CITY COUNCIL MEETING 22 JULY 19,2001 ZONING CONSENT The following items were acted on by one motion. No separate discussion or action occurred on any of the items. The consent items were approved on Council Member Wynn's motion, Council Member Thomas' second by a 6-0 vote. Mayor Watson was absent. 115. C814-88-0001.06 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 4300-4320 Block of Westlake Drive (Lake Austin Boulevard) from PUD, Planned Unit Development district zoning to PUD, Planned Unit Development district zoning in order to change a condition of zoning. Planning Commission Recommendation: To grant PUD, Planned Unit Development district zoning. Applicant: San Clemente at Davenport Limited. Agent: Drenner, Stuart, Wolfe, Metcalfe von Kreisler, L.L.P. (Michele Haussman). City Staff: Glenn Rhoades, 974-2775. (continued from 6/14/01). Ordinance No. 010719-115 was approved as recommended by the Planning Commission with the driveway agreement included. 116. C14-99-0027B - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property located at the northeast intersection of P.M. 620 North and Tom Kemp Lane (Lake Creek Watershed) from I-RR, Interim Rural Residence district, DR, Development Reserve District, SF-2, Single Family Residence Standard Lot district and GR-CO, Community Commercial-Conditional Overlay Combining District to GR-MU, Community Commercial-Mixed Use Combining district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial- Conditional Overlay Combining district zoning with conditions for Tract 1, and GO-CO General Office-Conditional Overlay Combining District zoning with conditions for Tract 2. Applicant: PAR 620 Ltd. and David Bruce Smith. Agent: PBA (Gary Brown). City Staff: David Wahlgren, Watershed Protection and Development Review Department, 974-6455. (continued from 5/13/99, 7/15/99, 11/18/99, 12/9/99, 2/10/00, 3/23/00, 6/1/00, and 8/2/00) Ordinance No. 010719-116 was approved as recommended by the Planning Commission. 117. C14-00-2064 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1619-1805 Montopolis Drive (Country Club Watershed) from CS, General Commercial Services district zoning, GR, Community Commercial district zoning and SF-3, Family Residence district zoning to CS-MU, General Commercial Services-Mixed Use Combining district zoning for Tract 1 and GR-MU, Community Commercial-Mixed Use Combining district zoning for Tract 2. Planning Commission Recommendation: The Planning Commission will consider this rezoning request at their July 19, 2001 meeting. Applicant: Delmo and Martha Pearce Family Partnership, Ltd. (Delmo M. Pearce), Alameda Investments, Inc. (G. Pearl Flanche). Agent: William T. Carlisle. City Staff: Adam Smith, 974-2755. This item was postponed to August 9, 2001 at staffs request. 118. C14-00-2079 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as Heatherwilde Boulevard and Wells Branch Parkway (Harris Branch Watershed) from I-RR, Interim-Rural Residence district zoning to GR, Community Commercial district zoning for Tract 1, and IP, Industrial Park district zoning for Tract 2. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions for Tract l,and IP-CO, Industrial Park-Conditional Overlay Combining district zoning with conditions for Tract 2. Applicant: Development 2000 (James Rubin). Agent: Land Strategies, Inc. (Paul Linehan). City Staff: David Wahlgren, Watershed Protection and Development Review Department, 974-6455. Ordinance No. 010719-118 was approved. MINUTES OF CITY COUNCIL MEETING 23 JULY 19,2001 119. C14-00-2244 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as the 9414-9416 Anderson Mill Road (Lake Creek Watershed) from I-RR, Interim-Rural Residence district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant: Mytle Lentz Estate (Wallace D. Lentz, Executor). Agent: The Premas Group, Inc. (Doug Devine). City Staff: David Wahlgren, 974-6455. (continued from 3/8/01 and 5/10/01) This item was withdrawn. No action was required. 120. C14H-01-0004 - Seymour Fogel House (Southwind) - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 2411 Kinney Road (West Bouldin Creek Watershed) from SF-3, Family Residence district zoning to SF-3-H, Family Residence - Historic district zoning. Historic Landmark Commission Recommendation: To grant SF-3-H, Family Residence - Historic Combining district zoning. Planning Commission Recommendation: To grant SF-3-H, Family Residence - Historic Combining district zoning. Applicant: Paisley Robertson. City Staff: Barbara Stocklin, Transportation, Planning, and Sustainability Department, 974-2414. Ordinance No. 010719-120 was approved. 121. C14-01-0020 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 6100 Block of Daffodil Drive (Carson Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to CS-CO, General Commercial Services- Conditional Overlay Combining district zoning with conditions. Planning Commission Recommendation: To grant CS-CO, General Commercial Services-Conditional Overlay Combining district zoning with conditions. Property Owner and Applicant: Liborio Leal. Agent: Jim Bennett. City Staff: Wendy Walsh, 974-7719. The first reading of this ordinance was approved. 122. C14-01-0031 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 3304 and 3306 Montopolis Drive (Carson Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR, Community Commercial district zoning. Property Owner: Deborah Ruiz. Applicant: Zenaw Mersha. Agent: Shellie Brown. City Staff: Wendy Walsh, 974-7719. Ordinance No. 010719-122 was approved. 123. C14-01-0034 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as Walsh Tarlton Lane at South Capital of Texas Highway (Loop 360) (Barton Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to GR-CO, Community Commercial-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining zoning with conditions on Tract 1 and LO-CO, Limited Office-Conditional Overlay Combining zoning with conditions on Tract 2. Applicant: Leon Schmidt. Agent: Riverside Resources Investments, LLC (Jermy Smitheal). City Staff: Adam Smith, 974-2755. This item was postponed to August 2, 2001 at the applicant's request. 124. C14-01-0040 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as F.M. Highway 620 North at F.M. Highway 2222 (Lake Austin Watershed) from GR-CO, Community Commercial-Conditional Overlay Combining district zoning to GR-CO, Community Commercial-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant: First River Place Reserve, Ltd. MINUTES OF CITY COUNCIL MEETING 24 JULY 19,2001 (Bill Gravenor). Agent: Planned Environments, Inc. (Jim Vater) City Staff: Glenn Rhoades, 974- 2775. Ordinance No. 010719-124 was approved as recommended by the Planning Commission. Item 125 was pulled for discussion. Item 126 was approved but was reconsidered later in the meeting. 127. C14-01-0043 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1700 West Farmer Lane (Walnut Creek Watershed) from GR, Community Commercial district zoning to CS-l-CO, Commercial-Liquor Sales-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant CS-l-CO, Commercial-Liquor Sales-Conditional Overlay Combining district zoning with conditions. Applicant: Bryan Dabbs (S.C. Companies). Agent: Melissa Whaley (Austin Permit Services, Inc.). City Staff: Sherri Gager, 974-3057. Ordinance No. 010719-127 was approved as recommended by the Planning Commission including the prohibition of pawnshops. 128. C14-01-0044- Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1700 West Farmer Lane (Walnut Creek Watershed) from GR, Community Commercial zoning to CS-CO, General Commercial Services-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To CS-CO, General Commercial Services-Conditional Overlay Combining district zoning with conditions. Applicant: Bryan Dabbs (S.C. Companies). Agent: Melissa Whaley (Austin Permit Services, Inc.). City Staff: Sherri Gager, 974-3057. Ordinance No. 010719-128 was approved as recommended by the Planning Commission including the prohibition of pawnshops. 129. C14-01-0036 - Hyde Park Baptist Church - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 3901 Speedway (Waller Creek Watershed) From CS-NCCD, General Commercial Services-Neighborhood Conservation Combining District, SF-3- NCCD, Family Residence-Neighborhood Conservation Combining District, MF-4-NCCD, Multifamily Residence Moderate-High Density-Neighborhood Conservation Combining District, LO-NCCD, Limited Office-Neighborhood Conservation Combining District, MF-4, Multifamily Residence Moderate-High Density district, SF-3-H-NCCD, Family Residence-Historic- Neighborhood Conservation Combining District to CS-NCCD, General Commercial Services- Neighborhood Conservation Combining District, SF-3-NCCD, Family Residence-Neighborhood Conservation Combining District, MF-4-NCCD, Multifamily Residence Moderate-High Density- Neighborhood Conservation Combining District, LO-NCCD, Limited Office-Neighborhood Conservation Combining District, SF-3-H-NCCD, Family Residence-Historic-Neighborhood Conservation Combining District. Planning Commission Recommendation: To grant MF-4-NCCD, Multifamily Residence Moderate-High Density-Neighborhood Conservation Combining District on a portion of Tract 4 and amend the regulations applicable to Tract 6. Applicant: Hyde Park Baptist Church (Dan Gardner). Agent: Armbrust, Brown and Davis (Richard Suttle, Jr.). City Staff: Glenn Rhoades, 974-2775. (continued from 6/14/01) This item was postponed to August 23, 2001 at staffs request due to a valid petition. 130. C14-01-0046 - Hyde Park Neighborhood Conservation Combining District - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 45th Street to the north, 38th Street to the south, Guadalupe to the west, and Duval to the east (Waller Creek Watershed) from SF-3, Family Residence district, SF-3-H, Family Residence-Historic Combining district, MF-1, Multifamily Residence Limited Density district, MF-2, Multifamily Residence Low Density district, MF-3, Multifamily Residence Medium Density district, MF-4, Multifamily MINUTES OF CITY COUNCIL MEETING 25 JULY 19,2001 Residence Moderate-High Density district, MF-4-H, Multifamily Residence Moderate-High Density-Historic Combining district, LO, Limited Office district, LO-H, Limited Office-Historic Combining district, LR, Neighborhood Commercial district, GR, Community Commercial district, CS, General Commercial Services district, to MF-1-NCCD, Multifamily Residence Limited Density-Neighborhood Conservation Combining District, MF-2-NCCD, Multifamily Residence Low Density-Neighborhood Conservation Combining District, SF-3-NCCD, Family Residence- Neighborhood Conservation Combining District, SF-3-H-NCCD, Family Residence-Historic- Neighborhood Conservation Combining District, LO-NCCD, Limited Office-Neighborhood Conservation Combining District, LO-H-NCCD, Limited Office—Historic-Neighborhood Conservation Combining District, LR-NCCD, Neighborhood Commercial-Neighborhood Conservation Combining District, GR-NCCD, Community Commercial-Neighborhood Conservation Combining District, MF-3-NCCD, Multifamily Residence Medium Density- Neighborhood Conservation Combining District, MF-4-NCCD, Multifamily Residence Moderate- High Density-Neighborhood Conservation Combining District, and CS-NCCD, General Commercial Services-Neighborhood Conservation Combining District. Planning Commission Recommendation: To grant MF-1-NCCD, Multifamily Residence Limited Density-Neighborhood Conservation Combining District, MF-2-NCCD, Multifamily Residence Low Density- Neighborhood Conservation Combining District, SF-3-NCCD, Family Residence-Neighborhood Conservation Combining District, SF-3-H-NCCD, Family Residence-Historic-Neighborhood Conservation Combining District, LO-NCCD, Limited Office-Neighborhood Conservation Combining District, LO-H-NCCD, Limited Office—Historic-Neighborhood Conservation Combining District, LR-NCCD, Neighborhood Commercial-Neighborhood Conservation Combining District, GR-NCCD, Community Commercial-Neighborhood Conservation Combining District, MF-3-NCCD, Multifamily Residence Medium Density-Neighborhood Conservation Combining District, MF-4-NCCD, MF-4-NCCD, Multifamily Residence Moderate-High Density- Neighborhood Conservation Combining District, and CS-NCCD, General Commercial Services- Neighborhood Conservation Combining District, zoning with conditions. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Glenn Rhoades, 974- 2775, Meghan Wieters, 974-6386. (continued from 6/14/01) This item was postponed to August 23, 2001 at staffs request due to a valid petition. 131. C14-01-0047 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1107, 1203 and 1205 West Gibson Street (West Bouldin Watershed) from CS, General Commercial Services district zoning to CS-MU, General Commercial Services- Mixed Use Combining district zoning. Planning Commission Recommendation: To grant CS-MU- CO, General Commercial Services-Mixed Use-Conditional Overlay Combining district zoning with conditions. Applicant: Minwal SLG, Ltd. (William Walters). Agent: Drenner, Stuart, Wolff, Metcalfe von Kreisler, LLP (Michele Haussmann). City Staff: Adam Smith, 974-2755. Ordinance No. 010719-131 was approved as recommended by the Planning Commission. 132. C14-01-0048 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 3300 Montopolis Drive (Carson Creek Watershed) from SF-2, Single Family Residence Standard lot district zoning to CS-CO, General Commercial Services- Conditional Overlay Combining district zoning with conditions. Planning Commission Recommendation: To grant CS-CO, General Commercial Services-Conditional Overlay Combining district zoning with conditions. Applicant: Ken Me Williams. Agent: Jim Bennett. City Staff: Wendy Walsh, 974-7719. The first reading of this ordinance was approved. 133. C14-01-0049 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1900-2000 Scofield Ridge Parkway (Walnut Creek Watershed) from LI-CO, Limited Industrial Services-Conditional Overlay Combining district zoning to SF-6, Townhouse and Condominium Residence district, zoning. Planning Commission MINUTES OF CITY COUNCIL MEETING 26 JULY 19,2001 Recommendation: To grant SF-6, Townhouse and Condominium Residence district zoning. Applicant: Ted W. Rollins (Ringgold Group, L.L.C.), St. James Capital, L.L.C. (Limited Partner), J. Patrick Wiggins (Limited Partner). Agent: John Lohr (Continental Homes of Texas). City Staff: Sherri Gager, 974-3057. Ordinance No. 010719-133 was approved. 134. C14-01-0050 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as West 24th Street at West 23rd Street (Shoal Creek Watershed) from LO, Limited Office district zoning to CS-MU-CO, General Commercial Services-Mixed Use- Conditional Overlay Combining district; and from MF-3, Multifamily Residence Medium Density district zoning to and MF-6-CO, Multifamily Residence Highest Density-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant CS-MU-CO, General Commercial Services-Mixed Use-Conditional Overlay Combining district zoning with conditions, and MF-6-CO, Multifamily Residence Highest Density-Conditional Overlay Combining district zoning with conditions. Applicant: W.W. White Properties (Wynelle White). Agent: McHone Real Estate (Mike McHone). City Staff: Glenn Rhoades, 974-2775. The first reading of this ordinance was approved. Due to an oversight, three speaker cards were missed. Out of the three cards missed, Mr. Ugene C. Olson was the only citizen signed up to speak. Mayor Pro Tern Goodman advised Mr. Olson that Council would allow him to speak during the second reading of this ordinance. 135. C14-01-0051- Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 1100-1112 block of East Yager Lane (Walnut Creek Watershed) from LR, Neighborhood Commercial district zoning to SF-6, Townhouse and Condominium Residence district zoning. Planning Commission Recommendation: To grant SF-6, Townhouse and Condominium Residence district zoning. Applicant: Jason Hart (Madden Company). City Staff: Sherri Gager, 974-3057. Ordinance No. 010719-135 was approved. 136. C14-01-0052 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 605 West 13th Street (Shoal Creek Watershed) from GO, General Office district zoning to LR-CO, Neighborhood Commercial-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant LR-CO, Neighborhood Commercial- Conditional Overlay Combining district zoning with conditions. Applicant: Waterloo I Ltd. (Perry Lorenz). Agent: McHone Real Estate (Mike McHone). City Staff: Glenn Rhoades, 974-2775. The first reading of this ordinance was approved. Item 137 was pulled for discussion. 138. C14-01-0056 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 11404 F.M. 2222 (Bull Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant: TPG Four Points Land, L.P. (Thomas Ricci). Agent: Graves, Dougherty, Hearon and Moody (Dave Hartman). City Staff: Katie Larsen: 974-3072. Ordinance No. 010719-138 was approved. 139. C14-01-0057 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 11308 F.M. 2222 (Bull Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant: TPG Four Points Land, L.P. (Thomas MINUTES OF CITY COUNCIL MEETING 27 JULY 19,2001 Ricci). Agent: Graves, Dougherty, Hearon and Moody (Dave Hartman). City Staff: Katie Larsen: 974-3072. Ordinance No. 010719-139 was approved. 140. C14-01-0058 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 11302 P.M. 2222 (Bull Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant: TPG Four Points Land, L.P. (Thomas Ricci). Agent: Graves, Dougherty, Hearon and Moody (Dave Hartman). City Staff: Katie Larsen: 974-3072. Ordinance No. 010719-140 was approved. 141. C14-01-0059 (SH) - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 5901-6229 East Riverside Drive (Country Club Watershed) from SF-2, Single Family Residence Standard Lot district, SF-3, Family Residence district, and LI-PDA, Limited Industrial Services-Planned Development Area district zoning to GR-MU, Community Commercial-Mixed Use Combining district zoning. Planning Commission Recommendation: To grant GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining district zoning with conditions, and RR, Rural Residence district zoning. Applicant: RFC Investments, Inc. (Lucy R. Hibberd), Photronics Texas, Inc. (James A. Eder), and Nature Conservancy (Ray Culter). Agent: Lopez-Phelps/Vaughn (Amelia Lopez-Phelps). City Staff: Adam Smith, 974-2755. The first reading of this ordinance was approved. 142. C14-01-0060 - Montopolis Neighborhood Plan - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property bounded on the north by the Colorado River, east by U.S. Highway 183, on the south by Ben White Boulevard, on the west by Grove Boulevard (Country Club and Carson Watersheds): To add a NP, Neighborhood Plan combining district (NPCD) to each base zoning district within the entire area; To add a neighborhood mixed use building special use for 19 Tracts (23, 24, 25, 27, 28, 29, 47, 52, 53, 54, 56, 57, 58, 60, 61, 66, 69, 70 and 73); and to change the base zoning districts on 77 tracts of land: from SF-2, Single Family Residence Standard Lot district; SF-3, Family Residence district; I-SF-3, Interim-Family Residence district; MH, Mobile Home Residence district; LO, Limited Office district; LR, Neighborhood Commercial district; GR, Community Commercial district; CS, General Commercial Services district; CS-CO, General Commercial Services-Conditional Overlay Combining district; CS-1, Commercial-Liquor Sales district; LI, Limited Industrial district; LI-CO, Limited Industrial- Conditional Overlay Combining district; LI-PDA, Limited Industrial-Planned Development Area district; PUD, Planned Unit Development district and P, Public district to SF-3-NP, Family Residence-Neighborhood Plan Combining district; MF-2-NP, Multifamily Residence Low Density Neighborhood Plan Combining district; LR-NP, Neighborhood Plan Combining district; LR-MU- NP, Neighborhood Commercial-Mixed Use-Neighborhood Plan Combining district; GR-NP, Community Commercial-Neighborhood Plan Combining district; GR-MU-NP, Community Commercial-Mixed Use-Neighborhood Plan Combining district; GR-CO-NP, Community Commercial-Conditional Overlay-Neighborhood Plan Combining district; CS-NP, General Commercial Services-Neighborhood Plan Combining district; CS-MU-NP, General Commercial Services-Mixed Use-Neighborhood Plan Combining district; W/LO-NP, Warehouse Limited Office-Neighborhood Commercial-Neighborhood Plan combining district; CS-MU-NP, General Commercial Services-Mixed Use-Neighborhood Plan Combining district; CS-CO-NP, General Commercial Services-Conditional Overlay-Neighborhood Plan Combining district; LI-NP, Limited Industrial-Neighborhood Plan Combining district; P-NP, Public-Neighborhood Plan Combining district; MINUTES OF CITY COUNCIL MEETING 28 JULY 19,2001 Planning Commission Recommendation: The Planning Commission will consider this rezoning request at their July 17, 2001 meeting. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Adam Smith, 974-2755. This item was postponed to August 9, 2001 at staffs request. Item 143 was pulled for discussion. 144. C14-01-0069 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 604 North Bluff Drive (Williamson Creek Watershed) from SF-3, Family district zoning to MF-2, Multifamily Residential Low Density-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant MF-2-CO, Multifamily Residential Low Density-Conditional Overlay Combining district zoning with conditions. Property Owner and Applicant: Barbara M. Beguelin, Trustee, and Richard H. Beguelin, Trustee. City Staff: Wendy Walsh, 974-7719. The first reading of this ordinance was approved. 145. C14-01-0074 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as 13218 Pond Springs Road (Rattan Creek Watershed) from I-RR, Interim-Rural Residence district zoning to LI, Limited Industrial Services district zoning. Planning Commission Recommendation: To grant CS-CO, General Commercial Services-Conditional Overlay Combining district zoning with conditions. Property Owner and Applicant: Jennie L. Lopez. Agent: Jim Bennett. City Staff: Sherri Gager, 974-3057. Ordinance No. 010719-145 was approved. 146. C14-01-0075 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as 3201 Highway 71 East at FM Highway 973 (Carson Creek Watershed) from I- SF-2, Interim-Single Family Residence Standard Lot district zoning to GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Planning Commission Recommendation: To grant GR-CO, Community Commercial-Conditional Overlay Combining district zoning with conditions. Applicant and Agent: Don Blackmon. City Staff: Adam Smith, 974-2755. Ordinance No. 010719-146 was approved. 147. C14-01-0081 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as Woodward Street at Parker Lane (Country Club Watershed) from MF-1, Multifamily Residence Limited Density district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant GR-CO, Community Commercial- Conditional Overlay Combining district zoning with conditions. Property Owner and Applicant: David Hood. Agent: Sarah Crocker. Katie Larsen, 974-3072 Ordinance No. 010719-147 was approved. The motion to recess the meeting at 5:15 p.m. was approved on Council Member Wynn's motion, Council Member Griffith's second on a 4-0 vote. Mayor Watson was absent. Council Members Slusher and Thomas were off the dais. Mayor Pro Tern Goodman called the meeting back to order at 6:12 p.m. ZONING DISCUSSION ITEMS 125. C14-01-0041 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as the 4500 - 4510 Block of Nuckols Crossing Road (Williamson Creek Watershed) from SF-2, Single Family Residence Standard Lot district zoning to MF-3-CO, Multi- family Residence (Medium Density) - Conditional Overlay Combining Standard Lot district MINUTES OF CITY COUNCIL MEETING 29 JULY 19,2001 zoning with conditions. Planning Commission Recommendation: To grant MF-2-CO, Multifamily Residence Low Density-Conditional Overlay Combining district zoning with conditions for a portion of Tract 1 and all of Tract 2; and SF-2, Single Family Residence Standard Lot district zoning with conditions for the remainder of Tract 1. Property Owner and Applicant: Financial Industries Corp. (Nathan Sloan) and Joe Pospisil. Agent: Jim Bennett. City Staff: Wendy Walsh, 974-7719. The public hearing was closed on Council Member Griffith's motion, Council Member Wynn's second by a 4-0 vote. Mayor Watson was absent. Mayor Pro Tern Goodman and Council Member Thomas were off the dais. The first reading of this ordinance was approved on Council Member Wynn's motion, Council Member Griffith's second on a 5-0 vote. Mayor Watson was absent. Mayor Pro Tern Goodman was off the dais. 137. C14-01-0054 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 814 West 10th Street (Shoal Creek Watershed) from MF-3, Multifamily Residence Medium Density district zoning to LO-MU-CO, Limited Office-Mixed Use- Conditional Overlay Combining district zoning. Planning Commission Recommendation: To grant LO-MU-CO, Limited Office-Mixed-Use-Conditional Overlay Combining district zoning with conditions. Applicant: Jimmy Nassour. Agent: Jim Bennett. City Staff: Glenn Rhoades, 974-2775. The public hearing was closed on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 5-0 vote. Mayor Watson was absent. Council Member Thomas was off the dais. The first reading of this ordinance was approved as recommended by the Planning Commission on Council Member Wynn's motion, Council Member Alvarez' second on a 5-0 vote. Mayor Watson was absent. Council Member Thomas was off the dais. 126. C14-01-0042 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 6215 F.M. 969 (Walnut Creek Watershed) from LO, Limited Office district zoning to GR, Community Commercial district zoning. Planning Commission Recommendation: To grant LR-CO, Neighborhood Commercial-Conditional Overlay Combining zoning with conditions. Applicant: Oscar Romelien. Agent: American Environmental Consulting (Phil Moncada). City Staff: Adam Smith, 974-2755. Ordinance No. 010719-126 was approved as part of the consent vote for Zoning items. The motion to reconsider this item was approved on Council Member Slusher's motion, Council Member Alvarez' second on a 6-0 vote. Mayor Watson was absent. The first reading of ordinance was approved only to allow staff time to investigate the current use of the facility was approved on Council Member Slusher's motion, Council Member Alvarez' second on a 6-0 vote. Mayor Watson was absent. 143. C14-01-0061 - Dawson Neighborhood Plan - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property bounded on the north by Oltorf St., on the east by South Congress Avenue, on the south by Ben White Blvd., and on the west by South 1st Street. (East Bouldin Watershed). To add a NP, Neighborhood Plan Combining District (NPCD) to each base district zoning district within the entire area, To add a neighborhood mixed use building special use is proposed for 26 Tracts (1-6, 9-15, 17-18, 21-28, and 30-32); and To change the base zoning districts on 33 tracts of land: fromi SF-3, Family Residence district, MF-3, Multi-Family Residence Medium Density district, MF-4, Multifamily Residence Moderate-High Density district, LR, Neighborhood Commercial district, GR, Community Commercial district, W/LO, Warehouse Limited Office district, CS, General Commercial Services district, LI, Limited MINUTES OF CITY COUNCIL MEETING 30 JULY 19,2001 Industrial Services district zoning to SF-3-NP, Family Residence-Neighborhood Plan Combining district, MF-2-NP, Multifamily Residence Low Density-Neighborhood Plan Combining district, MF-3-NP, Multifamily Residence Medium Density-Neighborhood Plan Combining district, P-NP, Public-Neighborhood Plan Combining district. Planning Commission Recommendation: To forward this rezoning request to City Council without a recommendation. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Sue K. Hounsel, 974- 6564 and Adam Smith, 974-2755. The public hearing was closed on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was absent. The motion to approve the Neighborhood Plan with staffs recommendation, except leave the existing zoning on lot 19 and 33, and directing staff to re-notice the owners for WLO with a conditional overlay on lot 19 and CS with a conditional overlay on lot 33; and directing staff to send notices to the business on South Congress and South First Streets with the most recent analysis of the impact to businesses concerning the conditional overlay. The notice will call for a public hearing for those properties impacted by the conditional overlay. This motion was made by Council Member Wynn and seconded by Council Member Griffith. There was a friendly amendment by Council Member Slusher to adopt the Neighborhood Plan on first reading without the conditional overlay. Council Member Wynn, maker of the motion, and Council Member Griffith who made the second accepted this. The motion, with the friendly amendment, passed on a 6-0 vote. Mayor Watson was absent. DISCUSSION ITEMS CONTINUED 148. Conduct a public hearing to consider approval of a variance from the Land Development Code to allow encroachment of a building at 1115 Berger Street in the 25-year floodplain of Tannehill Branch, and to waive the requirement to dedicate a drainage easement to the limits of the 100-year floodplain. The public hearing was closed on Council Member Wynn's motion, Council Member Slusher's second by a 6-0 vote. Mayor Watson was absent. 149. Consider approval of a variance from the Land Development Code to allow encroachment of a building at 1115 Berger Street in the 25-year floodplain of Tannehill Branch, and to waive the requirement to dedicate a drainage easement to the limits of the 100-year floodplain. Ordinance No. 010719-149 was approved on Council Member Slusher's motion, Council Member Wynn's second by a 6-0 vote. Mayor Watson was absent. The motion to adjourn the meeting at 9:37 p.m. was approved on Council Member Slusher's motion, Council Member Griffith's second by a 6-0 vote. Mayor Watson was absent. The minutes for the regular meeting of July 19, 2001 and amended minutes from the regular meeting of March 23, 2000 were approved on Council Member Griffith's motion Mayor Pro Tern Goodman's second by a 6-0 vote. Council Member Wynn abstained on approval of the March 23, 2000 minutes. The amended minutes for the regular meeting of July 19, 2001, Special Called Meetings of August 2, August 6, and August 9, 2001 and the minutes for regular meeting of August 9, 2001 were approved.