MINUTES OF CITY COUNCIL MEETING SEPTEMBER 10, 2001 Austin City Council MINUTES SPECIAL CALLED BUDGET MEETING MONDAY, SEPTEMBER 10, 2001 The following represents the actions taken by the Austin City Council in the order they occurred during the meeting. While the minutes are not in sequential order, all agenda items were discussed. The City Council of Austin, Texas, convened in a meeting on Monday, September 10, 2001 at 10:05 a.m. in the Assembly Room of Town Lake Center, 721 Barton Springs Road. 1. Approve an ordinance adopting and approving the Operating Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002. Ordinance No. 010910-01 was approved with a number of friendly amendments on Council Member Slusher's motion, Council Member Wynn' second by a 7-0 vote. This vote was reconsidered later in the meeting. The following friendly amendments were accepted by Council Member Slusher, maker of the motion, and Council Member Wynn, who made the second. Amend the General Fund Beginning Balance as follows: • Increase the 2001-02 Beginning Balance to reflect an increase in the 2000-01 Ending Balance in the amount of $555,000 due to increased revenue in the current year. • Increase the 2001-02 Beginning Balance to reflect an increase in the 2001-01 Ending Balance in the amount of $2,491,252 due to increased expenditure savings in the current year. Amend the General Fund requirements as follows: revenue and expenditures for operating Sales Tax Revenue — Decrease the budgeted Sales Tax Revenue by $2,239,515 to reflect a 2% growth rate over the current year estimate. Transfer from Water and Wastewater Utility — Increase the Transfer from Water Wastewater Utility by $100,000 to reflect the utility's increased current year estimated revenue. Watershed Protection and Development Review — Increase revenue by $294,400 and expenditures by $137,200 and add 2.0 FTEs for plumbing inspections required under House Bill 217. MINUTES OF CITY COUNCIL MEETING 2 SEPTEMBER 10,2001 • General Fund Transfers — Create a transfer In the amount of $539,613 to the Non-Recurring Reserve Fund to set aside reserve funds for future one-time revenue requirements. • Austin Police Department — Increase appropriations by $57,364 and 2.0 custodial FTEs and decrease the Transfer to Support Services to correct an error and reduce appropriations in FASD by $57,364 and reduce 2.0 custodial FTEs. Amend the General Fund requirements for recommendations from the City Manager as follows: • Health and Human Services — Increase Social Service appropriations to provide funding for the MHMR Access Program in the amount of $82,000, • Health and Human Services — Increase appropriations by $34,241 for the City's cost of one-time funding for Pilot Truancy Program. AISD and Travis County will fund remaining. • Library — Increase appropriations in the amount of $161,172 for Library technology upgrades. • Parks and Recreation Department — Amend the Proposed Budget by increasing funding for the Roving Leader/Recreation Programs and restore funding in the amount of $262,200 and 8.0 FTEs. The motion to reconsider the ordinance to add other items was approved on Council Member Slusher's motion, Council Member Wynn's second on a 7-0 vote. The following friendly amendments were accepted by Council Member Slusher, maker of the motion and Council Member Wynn, who made the second. Other Funds as follows: • Amend other fund expenditures, authorized positions and transfers to reflect amendments approved to the General Fund. • Increase the Full Time Equivalents in the Support Services Fund — FASD to add 1.0 FTE for a Consumer Advocate position in Telecommunications and Regulatory Affairs. Funding will be provided through a backcharge to Austin Energy. This action has no impact to Support Services 2001-2002 Ending Balance. • Increase the 2001-2002 Beginning Balance of the Conservation, Rebates and Incentives Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $405,942 and reappropriated $405,942 from the 2000-2001 savings for repairs and renovations to various wading pools. • Increase the 2001-2002 Beginning Balance of the Fleet Services Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $104,327 and increasing the 2001-2002 Ending Balance accordingly. • Amend the Austin Convention Center Operating Fund by increasing transfers from the Convention Center Tax Fund by $996,667 and increasing the 2001- 2002 Ending Balance accordingly. • Increase the 2001-2002 Beginning Balance of the Convention Center Tax Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $690,000 and increase transfers out by $690,000. • Increase the 2001-2002 Beginning Balance of the Venue Project Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $306,667 and reduce the transfers from the Convention Center Tax Fund by $306,667. MINUTES OF CITY COUNCIL MEETING 3 SEPTEMBER 10,2001 • Increase the 2001-2002 Beginning Balance of the Town Lake Venue Project Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $600,000 and increase transfers to the Community Events Center Operating Fund by $600,000. • Amend the Community Events Center Operating Fund by increasing transfers from the Town Lake Park Venue Project Fund by $600,000, and increase the 2001-2002 Ending Balance accordingly. • Increase the 2001-2002 Beginning Balance of the Water Wastewater Utility Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $4,239,865 and increase the 2001-2002 Ending Balance accordingly. • Increase the 2001-2002 Beginning Balance of the Tourism and Promotion Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $161,000 and increase the 2001-2002 Ending Balance accordingly. • Increase the 2001-2002 Beginning Balance of the Cultural Arts Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $234,487 and increase the 2001-2002 Ending Balance accordingly. • Amend the Austin Energy Fund by increasing appropriations in the amount of $1,808,000 for increased premiums for boiler insurance and reduce the 2001- 2002 Ending Balance accordingly. • Amend the Austin Energy Fund by increasing transfers to the Conservation Rebates and Incentive Fund in the amount of $500,000 to fully fund the Advance Duct Pilot Program and decrease the 2001-2002 Ending Balance accordingly, and approve Austin Energy's financial plan as presented to the City Council on August 30, 2001. • Amend the Conservation Rebates and Incentive Fund by increasing transfers from the Austin Energy Fund in the amount of $500,000 and increase appropriations in the same amount to fully fund the Advance Duct Pilot Program. • Amend the Austin Energy Fund by increasing appropriations for a Heat Island Mitigation program in the amount of $1,000,000 and reducing the budgeted ending balance by $1,000,000. • Amend the Austin Energy Department in accordance with the financial policy approved by the Audit and Finance Committee on August 28, 2001, by creating a Repair and Replacement Fund and transferring $10,000,000 from Austin Energy Debt Management Fund to the Repair and Replacement Fund and decrease the 2001-02 ending balance by $10,000,000. • Amend the Health & Human Services/Primary Care Travis County Reimbursed Fund by increasing revenue and appropriations by $34,463 for a patient account representative approved by Council in August 2001. • Increase the appropriations for contracts with cultural agencies by $56,596 for additional funding for Sharir Dance Company and decrease the 2001-2002 Ending Balance by $56,596. • Amend the Cultural Arts Fund by increasing appropriations by $50,000 for consulting services to review funding allocation process and reduce the 2001- 2002 Ending Balance by a like amount. • Increase the 2001-2002 Beginning Balance of the Solid Waste Services Fund to reflect an increase in the 2000-2001 Ending Balance in the amount of $212,587 and amend the 2001-2002 Ending Balance accordingly. • Create a new fund titled "Residential High-Rise Sprinkler Loan Fund" to be funded through a $2,000,000 loan from the Water and Wastewater department and to be administered in accordance with financial policies related to unbudgeted funds. MINUTES OF CITY COUNCIL MEETING 4 SEPTEMBER 10,2001 Amend Special Revenue Funds as follows: • Amend the Aviation Special Revenue Fund by adding $16,000 for a grant to provide training for Airport Police Officers. • Amend the Special Revenue Fund for the Health and Human Services Department by adding $250,000 for a Title V grant for a Juvenile Delinquent Project. • Amend the Special Revenue Fund for the Health and Human Services Department by increasing the current Certifications Funds grant by $300,000 for a total grant amount of $900,000. Ordinance No. 010910-01 was approved adopting the Operating Budget as proposed, including the errata and with a all of the friendly amendments, referenced above on Council Member Slusher's motion, Council Member Wynn' second by a 7-0 vote. 2. Approve an ordinance adopting and approving the Capital Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002. Ordinance No. 010910-02 was approved adopting the Capital Budget as proposed, including the erata and with the following friendly amendments on Mayor Pro Tern Goodman's motion, Council Member Thomas' second by a 7-0 vote. The following friendly amendments were accepted by Mayor Pro Tern Goodman, maker of the motion, and Council Member Thomas who made the second. Amend the Capital Budget as follows: • Reallocating $400,000 from the Sidewalks (CMTA Funding) Project to ADA - Ramps and Sidewalks (CMTA) Project. • Reallocating the funding for Davis Parks in the Parks and Recreation Department Capital Budget as follows: • Allocate $20,000 for Davis Hill Park to develop a park development plan • Allocate $150,000 for a Skate Park at Mable Davis Park • Decreasing the CIP Contingency project in the General Government Capital Budget by $400,000 and by increasing the Transportation Planning and Sustainability Department Captial Budget by $400,000 to fund additional Traffic Calming projects. 3. Approve a resolution to declare official intent to reimburse the following: $1,070,000 in expenditures associated with the August 1992 General Obligation bond election ($1,070,000 for 1992 Proposition Four); $64,213,000 in expenditures associated with the November 1998 General Obligation bond election ($25,463,000 for 1998 Proposition One, $9,685,000 for 1998 Proposition Two, $8,340,000 for 1998 Proposition Three, and $20,725,000 for 1998 Proposition Four); $250,000 in expenditures associated with Fiscal Year 2003 Certificates of Obligation ($250,000 for Jackrabbit Run Golf Course); and $500,000 in expenditures associated with Fiscal Year 2003 Contractual Obligations ($500,000 for Capital Equipment for the Water and Wastewater Utility). ($65,283,000 in General Obligation Public Improvement Bonds is to be issued in September 2002 or later; $250,000 in non-tax-supported General Obligation Certificates of Obligation to be issued in September 2002 and $500,000 in non-tax-supported General Obligation Contractual Obligations to be issued in September 2002.) Resolution No. 010910-03 was approved on Mayor Pro Tern Goodman's motion, Council Member Thomas' second by a 7-0 vote. MINUTES OF CITY COUNCIL MEETING 5 SEPTEMBER 10,2001 4. Approve an ordinance fixing and levying Municipal Ad Valorem taxes for the City of Austin, Texas, for the fiscal year 2001-2002. Ordinance No. 010910-04 at a rate of $0.4597 per $100 valuation was approved on Council Member Wynn's motion, Council Member Alvarez' second by a 7-0 vote. 5. Approve an ordinance authorizing fees, fines, and other charges to be charged by city departments. Ordinance No. 010910-05 was approved with the following friendly amendments on Mayor Pro Tern Goodman's motion, Council Member Alvarez' second by a 7-0 vote. Amend the Fines, Fees and Other Charges for Health and Human Services as follows: • Reducing the Pound Fees for Room and Board fees from $10 per day to $5 per day. • Changing the Animal License Pet Registration Fees from $10 for all animals to $5 for Altered Animals and $15 for Intact Animals. 6. Approve an ordinance adopting classifications and positions and pay in the classified service of the Police Department and repeal ordinance no. 010524-37. Ordinance No. 010910-06 was approved on Council Member Thomas' motion, Council Member Griffith's second by a 7-0 vote. 7. Approve an ordinance adopting classifications and positions and pay in the classified service of the Fire Department and repeal ordinance no. 000911-6. Ordinance No. 010910-07 was approved on Council Member Thomas' motion, Council Member Griffith's second by a vote 7-0. 8. Approve an ordinance authorizing certification pay, education pay and assignment pay in the Austin Fire Department. (Funding in the amount of $187,200 is included in the proposed 2001-2002 Operating Budget for the Fire Department.) Ordinance No. 010910-08 was approved on Mayor Pro Tern Goodman's motion, Council Member Wynn's second by a 7-0 vote. 10. Approve a resolution for the Marketing Plan, the proposed budget in the amount of $6,702,954 and set the annual contract payment from the City of Austin in an amount not to exceed $5,260,159 for the fiscal year beginning October 1, 2001 and ending September 30, 2002 for the Austin Convention and Visitors Bureau (ACVB). (Funding in the amount of $5,260,159 is available in the 2001-2002 proposed operating budget for the Tourism and Promotion Fund.) Resolution No. 010910-10 was approved on Mayor Pro Tern Goodman's motion, Council Member Thomas' second by a 7-0 vote. 9. Approve a resolution for the 2001-2002 Contracts for Cultural Arts Services. (Funding in the amount of $3,666,930 is included in the 2001-2002 proposed budget for the Cultural Arts Fund for cultural arts contracts.) (Recommended by the Austin Arts Commission) The motion to approve resolution in the amount of $3,772,526 was made, with the following friendly amendment, by Mayor Pro Tern Goodman, seconded by Council Member Griffith. The friendly amendment made by Council Member Alvarez was to allocate $90,000 to the Austin Music Network for three music programs: Latino, African American MINUTES OF CITY COUNCIL MEETING 6 SEPTEMBER 10,2001 and South By Southwest; and to allocate the remaining $75,500 to the contingency fund. Mayor Pro Tern Goodman withdrew her motion to allow Council additional time to consider this matter. The motion to postpone action to September 11, 2001 at 10:00 a.m. was approved on Mayor Pro Tern Goodman's motion, Council Member Griffith's second on a 7-0 vote. 11. Approve a resolution requiring that certain conditions be met before the City Council makes a decision to opt in to deregulation. Resolution No. 010910-11 was approved on Council Member Slusher's motion, Council Member Thomas' second by a 7-0 vote. 12. Approve a resolution identifying areas of the City's municipally owned electric utility, Austin Energy, that are competitive matters for the purpose of confidential consideration under the Texas Open Meetings Act and the Texas Public Information Act, in accordance with provisions of the electric utility restructuring legislation (Senate Bill 7) enacted into law by the 76th Texas Legislature. Resolution No. 010910-12 was approved on Council Member Slusher's motion, Council Member Wynn's second by a 7-0 vote. 13. Approve a ordinance for a development agreement between the City of Austin and Riata Partners, L.L.C., for the development of Robertson Hill, and authorize cost deferrals, economic development grants, fee waivers, and waivers of City Code provisions, as set forth in Ordinance 010607-25. Ordinance No. 010910-13 was approved on Council Member Thomas' motion, Council Member Wynn's second by a 6-1 vote. Council Member Slusher voted no. 14. Approve a resolution directing the City Manager to prepare and submit an application to the US Department of Housing and Urban Development (HUD) for the third round of HUD's Empowerment Zone Program including designating an area as the proposed Empowerment Zone. (Council Member Raul Alvarez and Council Member Daryl Slusher) Resolution No. 010910-14 was approved on Council Member Alvarez' motion, Council Member Slusher's second by a 7-0 vote. The motion to adjourn the meeting at 11:11 a.m. was approved on Council Member Slusher's motion, Council Member Wynn's second by a 7-0 vote. The minutes for the regular meeting of August 30, 2001 and Budget Readings of September 10, 2001 and September 11, 2001 were approved on Council Member Griffith's motion, Council Member Thomas' second by a 7-0 vote.