MINUTES OF CITY COUNCIL MEETING OCTOBER 11,2001 Austin City Council MINUTES REGULAR MEETING THURSDAY, OCTOBER 11, 2001 INVOCATION - Matt DeWoody, Pastor of Youth, First Evangelical Free Church. Mayor Watson called the meeting to order at 10:20 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 Thomas' motion, Council Member Slusher's second by a 7-0 vote. 1. Approval of minutes for regular meeting of October 4, 2001. The minutes for the regular meeting of October 4, 2001 were approved. Items 2 through 3 were briefings. Item 4 was an Executive Session item. 5. C14-01-0001 - The Vintage on Town Lake- Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1400 East Riverside Drive (Town Lake Watershed) from SF-3, Family Residence district zoning to a MF, Multifamily Residence district zoning classification. First reading June 14, 2001; Vote: 7- 0. Conditions met as follows: No conditions were imposed by City Council at first ordinance reading. Applicant: Street Development Ltd. (Robert N. Garrett ffl). Agent: Jim Bennett. City Staff: Don Ferryman, Watershed Protection and Development Review Department, 974-2786. (continued from 8/2/01, 8/30/01 and 9/27/01) This item was postponed to November 8, 2001 at applicant's request. 6. C14-01-0002 - The Vintage on Town Lake - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1400 Edgecliff Street (Town Lake Watershed) from SF-3, Family Residence district zoning to a MF, Multifamily Residence district zoning classification. First reading June 14, 2001; Vote: 7-0. Conditions met as follows: No conditions were imposed by City Council at first ordinance reading. Applicant: Street Development Ltd. (Robert N. Garrett ffl). Agent: Jim Bennett. City Staff: Don Ferryman, Watershed Protection and Development Review Department, 974-2786. (continued from 8/2/01, 8/30/01 and 9/27/01) This item was postponed to November 8, 2001 at applicant's request. MINUTES OF CITY COUNCIL MEETING 2 OCTOBER 11,2001 Item 7 was pulled for discussion. 8. Approve a resolution authorizing the issuance of a rebate in the amount of $59,673.52 to CARR AMERICA for the installation of high efficiency lighting and high efficiency air conditioning equipment at the Braker Pointe 3 building located on Mopac Blvd. at Braker Lane. Energy improvements qualifying for this rebate will save an estimated 424 kilowatts (kW) at a program cost of $141 per kW saved. The comparable cost of gas turbine generation is $1,329 per kW, including fuel, operation, and maintenance. (Funding is available in the 2001-2002 Operating Budget of the Conservation Rebates and Incentive Budget of the Electric Utility Department.) (Recommended by the Resource Management Commission) Resolution No. 011011-08 was approved. 9. Approve a resolution authorizing the issuance of a rebate in the amount of $70,587.71 to CARR AMERICA for the installation of high efficiency air conditioning equipment at the Carr America building located at 300 W. Sixth Street. Energy improvements qualifying for this rebate will save an estimated 290 kilowatts (kW) at a program cost of $243 per kW saved. The comparable cost of gas turbine generation is $1,329 per kW, including fuel, operation, and maintenance. (Funding is available in the 2001-2002 Operating Budget of the Conservation Rebates and Incentive Budget of the Electric Utility Department.) (Recommended by Resource Management Commission) Resolution No. 011011-09 was approved. 10. Approve a resolution authorizing the issuance of a rebate in the amount of $60,003.20 to AUSTIN INDEPENDENT SCHOOL DISTRICT (AISD) for the installation of high efficiency lighting equipment at Bedichek Middle School, located at 6800 Bill Hughes Road in Austin Texas. Energy improvements qualifying for this rebate will save an estimated 164 kilowatts, (kW) at a program cost of $366 per kW saved. The comparable cost of a gas turbine is $1,329 per kW, including fuel, operation, and maintenance. (Funding is available in the 2001-2002 Operating Budget of the Conservation Rebates and Incentive Budget of Austin Energy.) (Recommended by the Resource Management Commission) Resolution No. 011011-10 was approved. 11. Approve a resolution for the grant and execution of a permanent water line easement containing approximately 0.0092-acre at the Fayette Power Project to the Fayette Water Supply Corporation. Resolution No. 011011-11 was approved. 12. Approve a resolution authorizing negotiation and execution of a contract with JETTE GALE, et al., Austin, Texas, for the purchase, including closing costs, of the house and property located at 2216 Riverview Street (LOT 25 BLK B OLT 62 DIV O DRIVING PARK ADDN NO 2) in an amount not to exceed $98,500. (Funding is available in the 2001-2002 Approved Capital Budget for the Electric Utility Department.) Resolution No. 011011-12 was approved. Item 13 was pulled for discussion. 14. Approve an ordinance to amend Section 12-4-4(A) of the Austin City Code to transfer enforcement responsibility for the On-Site Sewage Facility Program from the Health and Human Services Department (HHSD) to the Water and Wastewater Department (WWW). (The funding and staffing associated with this program were transferred as part of the Fiscal Year 2002 Operating Budget.) Ordinance No. 011011-14 was approved. MINUTES OF CITY COUNCIL MEETING 3 OCTOBER 11,2001 15. Set public hearings to receive citizen comments on proposed amendments to the City's federal annual Action Plan 2000-2001, including the transfer of $750,000 in Community Development Block Grant (CDBG) funds from the Homeowner Rate Buy Down and Acquisition and Development (Rental) programs to the Architectural Barrier Removal and Emergency Home Repair programs. [Prior-year CDBG funds in the amount of $600,000 are available from the Homeowner Rate Buy Down program and in the amount of $150,000 from the Acquisition and Development (Rental) program.] (Recommended by Community Development Commission) (Suggested Date and Time: October 25, 2001 and November 1, 2001 at 6:00 p.m.) Resolution No. 011011-15 was approved. 16. C14-01-0079 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4608 Charles Avenue (Lake Austin Watershed) from LA, Lake Austin Residence district, zoning to SF-2, Single Family Residence Standard Lot district, zoning. First reading September 27, 2001; Vote: 7-0. Conditions met as follows: No conditions were imposed by City Council at first ordinance reading. Applicant: Shirley Coleman. Agent: Crocker Consultants (Lena Lund). City Staff: Glenn Rhoades, 499- 2775. Ordinance No. 011011-16 was approved. 17. C14-01-0099 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 8807 Manchaca Road (South Boggy / Slaughter Creek Watersheds) from DR, Development Reserve district, zoning to LO-MU-CO, Limited Office-Mixed Use-Conditional Overlay Combining district, zoning with conditions. First reading September 27, 2001; Vote: 7-0. Conditions met as follows: Conditional overlay incorporates the conditions imposed by City Council at first ordinance reading. Applicant and Property Owner: Frederick A. Jackson. City Staff: Wendy Walsh, 974-7719. Ordinance No. 011011-17 was approved. Items 18 through 20 were pulled for discussion. 21. Approve a resolution authorizing negotiation and execution of an amendment to the professional services agreement with PBS&J (formerly Espey, Huston & Associates, Inc.), Austin, Texas, for additional Phase HI Construction Phase Services for the Northwest A Pressure Zone Water System and Martin Hill Area Water System Improvements Project (Howard Lane Pump Station and Transmission Main), in the amount not to exceed of $51,000, for a total contract amount not to exceed $3,036,169.46. (Funding in the amount of $51,000.00 is available in the 2000-2001 Amended Capital Budget of the Water & Wastewater Utility.) 82% MBE and 0% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) Resolution No. 011011-21 was approved. 22. Approve a resolution authorizing negotiation and execution of professional service agreements with the following six firms: ACR ENGINEERING, INC., Austin, Texas; ENCOTECH ENGINEERING CONSULTANTS, INC. (74.8%), Austin, Texas; O'CONNELL ROBERTSON & ASSOCIATES, INC., Austin, Texas; WAUGH ENGINEERING, INC. (91.3%), Austin, Texas; BEHRAM CONSULTING ENGINEERS, (73.10%), Austin, Texas; and GOODWIN ENGINEERING, INC., Austin, Texas, to provide professional mechanical, electrical and plumbing engineering consulting services on various projects for a period estimated at two years or until funding is expended, each agreement in an amount not to exceed $750,000, with a total amount of the six agreements not to exceed $750,000 (estimated approximately $150,000 for each of the first three top ranked firms and $100,000 for each of the next three ranked firms). (Funding in the amount of $750,000 for these services is available in the Capital budgets and/or operating budgets of the various departments for which services are needed.) ACR Engineering, Inc.:5.9% MBE, 18.20% WBE subcontracting participation; Encotech Engineering Consultants, MINUTES OF CITY COUNCIL MEETING 4 OCTOBER 11,2001 Inc.: 7.0% MBE, 18.20% WBE subcontracting participation; O'Connell Robertson & Associates, Inc.: 10% MBE, 8% WBE subcontracting participation; Waugh Engineering, Inc. 8.7% MBE subcontracting participation; Behram Consulting Engineers: 8.7% MBE, 18.2% WBE subcontracting participation; Goodwin Engineering, Inc.: 8.7% MBE, 18.2% WBE subcontracting participation. Resolution No. 011011-22 was approved. 23. Approve a resolution authorizing negotiation and execution of a professional services agreement with EARTH TECH, INC., Austin, Texas for program management consultant services for the management support and coordination for the planning, design and construction of sustainable wastewater collection facilities to comply with a 1999 Environmental Protection Agency Administrative Order No. VI-99-1221, in an amount not to exceed $2,700,000. (Funding available in the 2001-2002 Capital Budget of the Water & Wastewater Utility.) Best of eight firms submitted qualification statements. 14.6% MBE, 18.2% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) This item was postponed to October 25, 2001. Item 24 was pulled for discussion. 25. Approve a resolution authorizing negotiation and execution of a professional services agreement with BBC RESEARCH AND CONSULTING, Denver, CO, to conduct a small business development needs assessment study in an amount not to exceed $77,800. (Funding is included in the 2001-2002 Amended Budget of the Department of Small and Minority Business Resources.) Best Proposal often received. 0% MBE, 15.3% WBE subcontracting participation. Resolution No. 011011-25 was approved. 26. Approve a resolution authorizing execution of an amendment to the professional services agreement with BUSINESSES INVEST IN GROWTH, Austin, Texas, to extend the contract on a month-to-month basis, not to exceed 12-months, in an amount not to exceed $160,000 to provide the technical assistance portion of the Micro-enterprise Technical Assistance and Lending Services Program. [Funding in the amount of $160,000 is available in the Fiscal Year 2001-2002 Neighborhood Housing and Community Development Office (NHCD) special revenue fund for the Community Development Block Grant (CDBG).] No MBE/WBE goals have been established for this contract. BIG is a non-profit entity, and professionals such as accountants or lawyers provide most of its subcontracted training services free or at a reduced rate as a public service. Because BIG does not procure services on a profit-driven, competitive basis, MBE/WBE participation goals would be inappropriate. Resolution No. 011011-26 was approved. 27. Approve a resolution authorizing execution of Amendment No. 7 to the professional services agreement with BUSINESS RESOURCE CONSULTANTS (MBE/FB 63.6%), Austin, Texas, for Development Assistance Services to extend the contract on a month-to-month basis, not to exceed 9-months, in an amount not to exceed $79,389, to provide African-American owned construction businesses with a support network and technical assistance needed to succeed in competitive markets, for a total contract amount not to exceed $616,458. (Funding in the amount of $79,389 was included in the 2001-2002 Approved Budget of the Department of Small and Minority Business Resources.) Resolution No. 011011-27 was approved. 28. Approve a resolution authorizing execution of Amendment No. 4 of the professional services agreement with the CAPITAL CITY AFRICAN-AMERICAN CHAMBER OF COMMERCE, Austin, Texas, to extend the agreement on a month-to-month basis, not to exceed 9-months, in an amount not to exceed $132,543, to provide technical assistance to small minority and women MINUTES OF CITY COUNCIL MEETING 5 OCTOBER 11,2001 business owners that will help them to succeed in competitive markets, for a total contract amount not to exceed $439,629. (Funding in the amount of $132,543 is available in the 2001- 2002 Approved Budget of DSMBR - Economic Development.) The CCAACC provides services with its own staff or through volunteer instructors. There is no opportunity for MBE/WBE subcontracting in the original contract or in this amendment. Resolution No. 011011-28 was approved. 29. Approve a resolution authorizing execution of Amendment No. 4 to the professional services agreement with the HISPANIC CHAMBER OF COMMERCE, Austin, Texas, to extend the agreement on a month-to-month basis, not to exceed 9-months, in an amount not to exceed $106,290, to provide technical assistance to small minority and women business owners, for a total contract amount not to exceed $360,870. (Funding in the amount of $106,290 is available in the 2001-2002 Approved Budget of DSMBR - Economic Development.) The HCC provides services with its own staff or through volunteer instructors. There is no opportunity for MBE/WBE subcontracting in the original contract or in this amendment. Resolution No. 011011-29 was approved. 30. Approve a resolution authorizing Approve execution of Amendment No. 6 to the professional services agreement with the TEXAS CENTER FOR WOMEN'S BUSINESS ENTERPRISE (TxCWBE), Austin, Texas, to extend the contract on a month-to-month basis, not to exceed 8- month period, in an amount not to exceed $66,500, to provide women and minority-owned business enterprises with a support network and technical assistance needed to succeed in competitive markets, for a total contract amount not to exceed $544,250. (Funding in the amount of $66,500 was included in the 2001-2002 Approved Budget of the Department of Small and Minority Business Resources.) The TxCWBE provides services with its own staff or through volunteer instructors. There is no opportunity for MBE/WBE subcontracting in the original contract or in this amendment. Resolution No. 011011-30 was approved. 31. Approve a resolution authorizing execution of a 12-month supply agreement with CRAFCO TEXAS INC., San Antonio, Texas, for purchase of hot applied pavement crack sealant for the Department of Public Works, in an amount not to exceed $99,300, with two 12-month extension options in the amount not to exceed $99,300 per extension, for a total contract amount not to exceed $297,900. (Funding in the amount of $99,300 was included in the 2001-2002 Operating Budget for the Department of Public Works. Funding for the extension options is contingent upon approval of future budgets.) Low bid meeting specification of four bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. The material is provided directly to the City by the contractor. There are no subcontracting opportunities, therefore, no goals were established for this solicitation. Resolution No. 011011-31 was approved. 32. Approve a resolution to rescind prior approval of a contract with RELIABLE ROOFING & REMODELING, San Antonio, Texas, and approve execution of a contract with TOTAL ROOFING SERVICES, INC., Austin, Texas, for roof replacement at Fire Stations #25 & #26. [Funding in the amount of $68,705 was included in the 2000-01 Approved Capital Budget of General Government (Building Maintenance).] Total Roofing is the second low bid of three bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. The contractor submitted a MBE/WBE Compliance Plan that demonstrated a Good Faith Effort and was approved by the Department of Small and Minority Business Resources. Resolution No. 011011-32 was approved. MINUTES OF CITY COUNCIL MEETING 6 OCTOBER 11,2001 33. Approve a resolution authorizing execution of a construction contract award with SALAS CONSTRUCTORS (MBE/MH, 74.62%), Austin, Texas, for the construction of Cesar Chavez/IH 35 East Service Road Intersection Improvements, in the amount of $96,053.45. (Funding is included in the 1999-2000 Amended Capital Budget of the Transportation, Planning and Sustainability Department.) Lowest bid of the two bids received. 12.49% MBE, 4.12% WBE subcontracting participation. Resolution No. 011011-33 was approved. 34. Approve a resolution authorizing execution of a construction contract award with SALAS CONSTRUCTORS (MBE/MH, 86.81%), Austin, Texas, for the construction of Cameron Road and Cross Park Drive Intersection Improvements, in the amount of $96,295.50. (Funding is included in the Amended 1999-2000 Capital Budget of the Transportation, Planning and Sustainability Department.) Lowest bid of the two bids received. 1.56% WBE subcontracting participation Resolution No. 011011-34 was approved. 3 5. Approve a resolution authorizing execution of an agreement with the TEXAS DEPARTMENT OF TRANSPORTATION to temporarily close state right-of way for special events that utilize both city streets and state roadways in Austin within the 2002 calendar year. Resolution No. 011011-35 was approved. 36. Set a public hearing pursuant to the Texas Impact Fee Act, Tex. Local Government Code, Chapter 395, to approve the August 2001 Update of the City of Austin Water and Wastewater Impact Fee Land Use Assumptions and Capital Improvements Plan (CIP). This update contains the calculation of the maximum allowable water and wastewater impact (capital recovery) fees, confirms that the current assessed water and wastewater impact fees and the maximum fees charged by the City comply with state law, and amends the water and wastewater impact fee service area. (This approval simply validates water and wastewater capital recovery fees that are already charged and collected by the City.) (Recommended by Water and Wastewater Commission) (Suggested Date and Time: November 29, 2001 at 6:00 p.m.) Resolution No. 011011-36 was approved. 37. Approve a resolution authorizing negotiation and execution of an amendment to the professional services agreement with HARUTUNIAN ENGINERING, INC. (WBE/FR, 82% Prime), Austin, Texas, for Walnut Creek Wastewater Power Distribution Improvements to provide professional engineering services for project 2 in an amount not to exceed $3,890,000 for a total contract amount not to exceed $5,190,000. (Funding is available in the 2000-2001 Amended Capital Budget of the Water and Wastewater Utility.) 10% MBE subcontracting participation. (Recommended by Water and Wastewater Commission) Resolution No. 011011-37 was approved. 38. Approve a resolution authorizing the City Manager to apply for $200,000 in Brownfields Job Training and Development Demonstration Pilots Grant funds from the U.S. Environmental Protection Agency. (Funding in the amount of $200,000 from U.S. Environmental Protection Agency over two years.) Resolution No. 011011-38 was approved. 39. Approve a resolution authorizing the City Manager to apply for $200,000 in Brownfields Demonstration Pilot Grant funds from the U.S. Environmental Protection Agency for the Brownfields Assessment Project. (Funding in the amount of $200,000 from U.S. EPA Brownfields Cooperative Agreement Grant.) (Recommended by Solid Waste Advisory Commission) Resolution No. 011011-39 was approved. MINUTES OF CITY COUNCIL MEETING 7 OCTOBER 11,2001 40. Set a public hearing to consider two appeals of the Zoning and Platting Commission's decision to deny an appeal of administrative approval for Independence Park Condominiums. The proposed site is located at 6100 Manchaca Road. File # SP-00-2489CR. The first appeal is being made by Joan Hilbig, Chris Butler, and Cherry Creek Southwest Neighborhood Association, Interested parties. The second and separate appeal is being made by Hugh Moore, Interested party. City Staff: Trann Lackey, 974-3341 (Suggested Date and Time: November 1, 2001 at 6:00 p.m.) Resolution No. 011011-40 was approved. 41. Approve an Ordinance waiving the signature requirement under Chapter 15-11 of the City Code for the Motorola Marathon to be held on February 17, 2002. (Council Member Will Wynn) Ordinance No. 011011-41 was approved. 42. Approve an ordinance waiving certain fees and requirements under Chapter 15-11 of the City Code relating to street closures on November 19, 2001 for the Texas Book Festival held on November 15-19, 2001. (The waiver for November 19 is in addition to November 15-18, as specified in Ordinance No 010927-91). (Council Member Will Wynn and Council Member Raul Alvarez) Ordinance No. 011011-42 was approved. 43. Approve an ordinance waiving certain fees and requirements under Chapter 15-11 of the City Code relating to street closures on November 3, 2001 for the Austin Public Library "Storyfest Jubilee". (Council Member Will Wynn) Ordinance No. 011011-43 was approved. 44. Direct the City Manager to make recommendations to restructure the City of Austin's management and oversight of the Balcones Canyonlands Preserve. (Mayor Kirk Watson, Mayor Pro Tern Jackie Goodman and Council Member Will Wynn) Resolution No. 011011-44 was approved. 45. Set public hearings on the full purpose annexation of the revised Barker Ranch annexation area; and petition and direct the City Manager to annex certain Proposition 2 areas. (Approximately 255 acres located in southern Travis County west of the Frate Barker Road/Brodie Lane intersection and extending westward towards the proposed alignment of SH 45 and southward towards Bear Creek). (Council Member Daryl Slusher, Mayor Pro Tern Jackie Goodman and Council Member Raul Alvarez) Resolution No. 011011-45 was approved. Items 46 through 49 were citizen communications. Item 50 was a briefing. 51. Approve a resolution authorizing negotiation and execution of an amendment to the Brackenridge Hospital lease agreement with the Daughters of Charity Health Service of Austin, d/b/a Seton Medical Center, for revisions related to the provision of reproduction services, including the removal of the 5th floor from the lease and adjustments in payments. (Future funding will be available from patient revenues, third party reimbursement and General Fund contributions otherwise payable to Seton.) This item was postponed to October 25, 2001 to be posted as a public hearing. Items 52 through 66 were zoning items. MINUTES OF CITY COUNCIL MEETING OCTOBER 11,2001 Items 67 through 72 were public hearings. Items 73 through 75 were actions related to the public hearings. 76. APPPOINTMENTS Animal Advisory Commission Cherie L. Rachel reappointment Arts Commission Maxine Barkan reappointment Ethics Review Commission James W. Reed appointment Matthew A. Hersh appointment Mechanical, Plumbing and Solar Board Paul F. Hovey reappointment Michael D. Nail reappointment MHMR Board of Trustees Exalton A. Delco, Jr. reappointment Martha Martinez reappointment Travis Central Appraisal District Board of Directors Blanca Zamora-Garcia reappointment Kristoffer Lands reappointment DISCUSSION ITEMS Griffith Consensus Griffith S lusher Consensus Consensus Consensus Consensus Consensus Consensus/AISD 13. Approve a resolution authorizing the execution of a Memorandum of Understanding between the City of Austin and Capital of Texas Public Telecommunications Council KLRU TV-18 Austin whereby the Convention Center Department would sponsor Austin City Limits in an amount not to exceed $200,000, and authorizing the negotiation of an agreement for sponsorship of the Austin City Limits Gala to be held at the Austin Convention Center. (Funding is available in the 2001-2002 Approved Operating Budget for the Austin Convention Center Department.) Resolution No. 011011-13 was approved on Council Member Wynn's motion, Council Member Slusher's second by a 7-0 vote. 7. Approve an ordinance prohibiting sitting or lying down on public sidewalks in the Central Business District, (third reading) (continued from May 24, 2001 and September 27, 2001) Ordinance No. 011011-07 was approved, along with directions to the City Manager to monitor the procedural effects 90 days after the ordinance has gone into effect, on Council Member Wynn's motion, Mayor Watson's second by a 4-3 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman, and Council Members Slusher and Wynn. Those voting nay were: Council Members Alvarez, Griffith and Thomas. BRIEFINGS MINUTES OF CITY COUNCIL MEETING 9 OCTOBER 11,2001 2. Update on Empowerment Zone Application to the US Department of Housing and Urban Development for the Central East Austin area located between Manor, Hwy 183, Ben White Blvd, andffl35. The presentation was made by Susan Dawson, Chair, Greater Austin Chamber of Commerce. 3. Security and Emergency Preparedness Measures being taken by the City. The presentation was made by Jesus Garza, City Manager; Chief Stanley Knee, Austin Police Department; Chief Gary Warren, Austin Fire Department; Jim Smith, Director, Aviation Department; Edward Racht, Director, County EMS Department. DISCUSSION ITEMS CONTINUED 20. Approve a resolution authorizing negotiation and execution of a professional services agreement with TURNER COLLIE & BRADEN, INC., Austin, Texas, to provide preliminary engineering, detail design, project bidding and construction phase services for the Northeast Service Area Interim Regional Wastewater Treatment Plant and Infrastructure Improvements project, in an amount not to exceed $350,000. (Funding for these services is available in the 2000-2001 Amended Capital Budget of the Water & Wastewater Utility.) Best qualified of thirteen qualifications submitted. 11% MBE, 20% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) This item was postponed to October 25, 2001 on Council Member Thomas' motion, Council member Griffith's second by a 6-0 vote. 24. Approve a resolution authorizing execution of a construction contract with L & R LANDSCAPE SERVICES (WBE/FR, 62.63%), Austin, Texas, for the Town Lake Park Cultural Landscape at the new Palmer Events Center, in an amount not to exceed $2,230,991 plus $111,550 to be used as a contingency fund for change orders, for a total contract amount not to exceed $2,342,541. (Funding in the amount of $2,342,541. is included in the 2000-2001 Capital Budget of the Parks and Recreation Department.) Lowest of four bids received. 4.15% MBE, 0% WBE subcontracting participation. Resolution No. 011011-24 was approved on Council Member Slusher's motion, Council Member Griffith's second by a 7-0 vote. 18. C14-01-0046 - Hyde Park Neighborhood Conservation Combining District - Approve second reading of an ordinance amending 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 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, F-3-NCCD, Multifamily Residence Medium Density-Neighborhood Conservation Combining District, MF-4-NCCD, MF-4-NCCD, Multifamily Residence Moderate-High Density- MINUTES OF CITY COUNCIL MEETING 10 OCTOBER 11,2001 Neighborhood Conservation Combining District, and CS-NCCD, General Commercial Services- Neighborhood Conservation Combining District, zoning with conditions. First reading , August 23 ,2001; Vote: 5-2, Watson and Thomas nay. Conditions met as follows: The zoning ordinance incorporates the conditions imposed by City Council at first ordinance reading. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Glenn Rhoades, 974-2775, Meghan Wieters, Transportation, Planning and Sustainability Department, 974-6386. Note: Valid petitions have been filed by property owners in opposition to this rezoning request, (continued from 10/4/01) This item was postponed to October 25, 2001 on Council Member Alvarez' motion, Mayor Pro Tern Goodman's second by a 5-2 vote. Those voting aye were: Mayor Pro Tern Goodman and Council Members Alvarez, Griffith, Slusher and Wynn. Those voting nay were: Mayor Watson and Council Member Thomas. The motion to recess the meeting at 11:40 a.m. to go into Executive Session was approved on Council Member Thomas' motion, Council Member Wynn's second by a 7-0 vote. 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 4. Discuss legal issues related to the Austin City Council's vote on the application of Lumbermen's Investment Corporation to rezone property locally known as 910 West Cesar Chavez (item number 121 on the Austin City Council Agenda for September 27, 2001), including issues involving the Seaholm District Master Plan, the Sand Beach Reserve, and the implementation of the settlement agreement in City of Austin v. Lumbermen's Investment Corporation, Cause Number 99-13013 in the 126th Judicial District Court of Travis County, Texas. Executive session ended at 12:48 p.m. Mayor Watson called the meeting back to order at 1:30 p.m. CITIZEN COMMUNICATIONS 46. Mr. Jimmy Castro - Travis County Bond Election 47. Gus Pena - To discuss City Issues and Concerns. Stress the need to expedite affordable Housing, Transitional Housing for the less fortunate. Families and homeless Veterans with families. - ABSENT 48. Richard Troxell - Homeless Solutions - ABSENT 49. Jennifer L. Gale - Light Rail and Candidate Gus Garcia. Two Nails In Austin's Coffin. - ABSENT 75. John Macpherson - ABSENT DISCUSSION ITEMS CONTINUED 19. C14-01-0061 - Dawson Neighborhood Plan - Approve third reading of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property bounded on the north by Oltorf Street, on the east by South Congress Avenue, on the south by Ben White Blvd., and on the west by South 1st Street (East Bouldin Creek 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, MINUTES OF CITY COUNCIL MEETING 11 OCTOBER 11,2001 and 30-32); and To change the base zoning districts on 31 tracts of land: from: SF-3, Family Residence district, MF-2, Multifamily Residence Low Density district, MF-3, Multifamily Residence Medium Density district, MF-4, Multifamily Residence Moderate-High Density district, LO, Limited Office district, LR, Neighborhood Commercial district, GR, Community Commercial district, GR-CO, Community Commercial-Conditional Overlay Combining district, W/LO, Warehouse-Limited Office district, CS, General Commercial Services district, CS-1, Commercial-Liquor Sales district, LI, Limited 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, LO-CO- NP, Limited Office-Conditional Overlay-Neighborhood Plan Combining district, LR-CO- NP, Neighborhood Commercial- Conditional Overlay-Neighborhood Plan Combining district, GR-CO-NP, Community Commercial-Conditional Overlay-Neighborhood Plan Combining district, CS-CO-NP, General Commercial Services-Conditional Overlay-Neighborhood Plan Combining district, CS-l-CO- NP, Commercial-Liquor Sales-Conditional Overlay- Neighborhood Plan Combining district, LI- CO-NP, Limited Industrial Services-Conditional Overlay-Neighborhood Plan Combining district zoning, P-NP, Public-Neighborhood Plan Combining district. First reading on July 19, 2001; Vote: 6-0, Watson absent. Second reading on August 30, 2001; Vote: 7-0. Conditions met as follows: Conditional overlay incorporates the conditions imposed by Council at second reading. Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Sue K. Hounsel, 974-6564 and Adam Smith, 974-2755. Note: Valid petitions have been filed by property owners in opposition to this rezoning request, (continued from 10/4/01) Council Member Alvarez moved to approve the final reading with an amendment that the urban cottage lot option be removed and that the secondary apartment option be included. This motion failed due to the lack of a second. There was a motion by Council Member Griffith to postpone the third reading indefinitely so the options raised by Council Member Alvarez would be reviewed. The motion included staff reporting back to Council in 4 to 6 weeks so a definite time for the third reading could be set. Council Member Thomas seconded this motion. Council Member Slusher made a friendly amendment that instead of an indefinite date, the third reading be postponed to November 1, 2001 at 10:30 a.m. to eliminate the need to notify all affected property owners. This was accepted by the maker of the motion and Council Member Thomas, who made the second. The motion, along with the friendly amendment, was approved by a 7-0 vote. The motion to recess the meeting at 2:12 p.m. was approved on Council Member Slusher's motion, Council Member Griffith's second by a 7-0 vote. Mayor Watson called the meeting back to order at 3:03 p.m. 50. Briefing on Proposed Amendment to Brackenridge Hospital Lease regarding Reproductive Health Services. The presentation was made by Jesus Garza, City Manager; Betty Dunkerley, Assistant City Manager; Sally Henley, Division Chief, Law Department; Trish Young, CEO, Primary Care Department; Betsy Attel, Senior Vice President, Parkland Hospital, Consultant to the City of Austin; David Coats, The Hunter Group, Consultant to the City of Austin; and Charles Barnett, Seton Healthcare Network. Mayor Watson called to order the Board of Director's eeting of the Austin Housing Finance Corporation at 3:39 p.m. See the separate minutes for this meeting. MINUTES OF CITY COUNCIL MEETING 12 OCTOBER 11,2001 Mayor Watson called the Council Meeting back to order at 3:42 p.m. 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 Mayor Pro Tern Goodman's motion, Council Member Alvarez' second by a 7-0 vote. Items 52 through 61 were pulled for discussion. 62. C14H-01-0104 - Matthew Brown Homestead - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as 10140 Old San Antonio Road (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district, zoning to GR-MU-H-CO, Community Commercial-Mixed Use-Historic-Conditional Overlay Combining district, zoning, with conditions for Tract 1, and GR-MU-CO, Community Commercial-Mixed Use-Conditional Overlay Combining district, zoning, with conditions for Tract 2. Zoning and Platting Recommendation: To grant GR-MU-H-CO, Community Commercial-Mixed Use-Historic- Conditional Overlay Combining district, zoning with conditions for Tract 1, and GR-CO, Community Commercial-Conditional Overlay Combining district, zoning, with conditions for Tract 2. Property Owner: Michael R. Aulick and Rebecca A. McGaughy. Agent: The Austin Company (Peter von Wuperfeld). City Staff: Wendy Walsh, 974-7719. The first reading of this ordinance was approved, adopting the Planning Commission's recommendation, amending the ordinance to include indoor/outdoor entertainment; restaurant limited/general; and to reserve the right of way, instead of dedication for old San Antonio Rd. 63. C14-01-0112 - Public hearing to amend Chapter 25-2 of the Austin City Code by zoning property locally known as 13776 U.S. Highway 183 North (Lake Creek Watershed) from I-RR, Interim-Rural Residence district, zoning to GR, Community Commercial district, zoning for Tract 1 and CS-l-CO, Commercial-Liquor Sales-Conditional Overlay Combining district, zoning for Tract 2. Zoning and Platting Commission Recommendation: To grant GR, Community Commercial district, zoning for Tract 1 and CS-l-CO Commercial-Liquor Sales- Conditional Overlay Combining district, zoning with conditions for Tract 2. Applicant: Austin Bryant Properties No. 8 L.P. (Denis Brauchle). Agent: Austin Permit Service, Inc. (Melissa Whaley). City Staff: Sherri Gager, 974-3057. Ordinance No. 011011-63 was approved. Item 64 was pulled for discussion. 65. C14-01-0128(SH)- Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10300 Dessau Road (Little Walnut Creek Watershed) from SF-2, Single Family Standard Lot district, zoning to LO-CO, Limited Office-Conditional Overlay Combining district zoning. Zoning and Platting Commission Recommendation: To be considered by the Zoning and Platting Commission on October 16, 2001. Property Owner and Applicant: Hazel Sansom Revocable Trust. Agent: Graves, Doughtery, Hearon, Moody, P.C. (Michael Whellan). City Staff: Glenn Rhoades, 974-2775. This item was postponed to October 25, 2001 at staffs request. Item 66 was pulled for discussion. ZONING DISCUSSION MINUTES OF CITY COUNCIL MEETING 13 OCTOBER 11,2001 52. C14-01-0072 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 2717-2810 Guadalupe Street (Waller Creek Watershed) from CS, General Commercial Services district, zoning to MF-6-CO, Multifamily Residence Highest Density-Conditional Overlay Combining district zoning. Planning Commission Recommendation: To deny MF-6-CO, Multifamily Residence Highest Density-Conditional Overlay Combining district zoning. Applicant: Villas on Guadalupe L.P. Agent: McHone Real Estate (Mike McHone). City Staff: Glenn Rhoades, 499-2775. (continued from 9-27-01) This item was postponed to November 1, 2001 on Mayor Pro Tern Goodman's motion, Council Member Wynn's second by a 7-0 vote. 66. C14-01-0105 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 9700 Capital of Texas Highway North (Shoal Creek Watershed) from CH-CO, Commercial Highway Services-Conditional Overlay Combining district, zoning to CH, Commercial Highway Services district, zoning. Planning Commission Recommendation: To grant CH-CO, Commercial Highway Services-Conditional Overlay Combining district, zoning with conditions. Applicant: Wal-Mart Stores, Lie. (Scott Greear). Agent: Drenner Stuart Wolff Metcalf von Kreisler (Michele Haussmann). City Staff: Annick Beaudet, 974-2975. (continued from 10/4/01) The public hearing was closed on Council Member Griffith's motion, Council Member Thomas' second by a 7-0 vote. Ordinance No. 011011-66 was approved, adopting the Planning Commission's recommendation, on Council Member Wynn's motion, Council Member Thomas' second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 64. C14-01-0121 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 6401 River Place Blvd. (West Bull Creek Watershed) from DR, Development Reserve district, zoning to NO-CO, Neighborhood Office-Conditional Overlay Combining district, zoning. Zoning and Platting Commission Recommendation: To deny NO- CO, Neighborhood Office district, zoning. Applicant: Austin Christian Fellowship (Andrew J. Linseisen). Agent: Lopez-Phelps, Vaughn & Associates (Amelia Lopez-Phelps). 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 7-0 vote. The first reading of this ordinance was approved, adopting staffs recommendation, on Mayor Pro Tern Goodman's motion, Council Member Thomas' second by a 7-0 vote. The motion to recess at 5:28 p.m. was approved on Mayor Pro Tern Goodman's motion, Council Member Slusher's second by a 6-0 vote. Council Member Griffith was off the dais. Mayor Watson called the meeting back to order at 6:08 p.m. ZONING DISCUSSION ITEMS CONTINUED 53. C14-01-0023a - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10400 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence MINUTES OF CITY COUNCIL MEETING 14 OCTOBER 11,2001 Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 54. C14-01-0023b - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10400 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 55. C14-01-0023c - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10400 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 56. C14-01-0023d - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10400 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. MINUTES OF CITY COUNCIL MEETING 15 OCTOBER 11,2001 The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 57. C14-01-0024 - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 3300 Block of Squirrel Hollow Drive (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 58. C14-01-0025a - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10500-10600 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 59. C14-01-0025b - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10500-10600 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 60. C14-01-0025c - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10500-10600 Block of Brodie Lane (Slaughter Creek Watershed) MINUTES OF CITY COUNCIL MEETING 16 OCTOBER 11,2001 from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. 61. C14-01-0025d - Public hearing to amend Chapter 25-2 of the Austin City Code by rezoning property locally known as 10500-10600 Block of Brodie Lane (Slaughter Creek Watershed) from I-RR, Interim-Rural Residence district zoning to SF-2, Single Family Residence Standard Lot district zoning. Planning Commission Recommendation: To grant SF-2, Single Family Residence Standard Lot district zoning. Property Owner and Applicant: Larry Niemann. Agent: Cunningham-Allen, Inc. (Jana Rice). City Staff: Wendy Walsh, 499-7719. (continued from 4/26/01, 5/3/01, 5/10/01, 5/24/01, 8/2/01, 8/9/01 and 9/27/01) The public hearing was closed on Council Member Griffith's motion, Council Member Slusher's second by a 7-0 vote. The first reading of this ordinance was approved on Mayor Pro Tern Goodman's motion, Mayor Watson's second by a 5-2 vote. Those voting aye were: Mayor Watson, Mayor Pro Tern Goodman and Council Members Alvarez, Thomas and Wynn. Those voting nay were: Council Members Griffith and Slusher. DISCUSSION ITEMS CONTINUED 67. Conduct a public hearing for the full purpose annexation of the following annexation areas: Park 22 Office Area (Approximately 36 acres south of FM 2222 one half mile west of Bell Mountain Drive). The public hearing for Park 22 Office Area was closed on Council Member Slusher's motion, Council Member Wynn's second by a 6-0 vote. Mayor Watson was off the dais. Grandview Areas (Approximately 471 acres west of RR 620 one tenth of a mile south of the RR 620/Boulder Lane intersection and one quarter of a mile north of the RR 620/Wilson Parke Avenue intersection). The public hearing for Grandview Areas was closed on Council Member Wynn's motion, Council Member Alvarez' second by a 6-0 vote. Mayor Watson was off the dais. Waters at Bluff Springs Area (Approximately 99 acres east of IH 35 one half mile south of Boggy Creek Drive). The public hearing for Waters at Bluff Springs Area was closed on Council Member Wynn's motion, Council Member Griffith's second by a 6-0 vote. Mayor Watson was off the dais. Home Depot Tract (Approximately 60 acres east of IH 35 at Slaughter Lane). The public hearing for Home Depot Tract was closed on Council Member Wynn's motion, Council Member Griffith's second by a 6-0 vote. Mayor Watson was off the dais. Barclay Tract (Approximately 24 acres located west of Barclay Drive). MINUTES OF CITY COUNCIL MEETING 17 OCTOBER 11,2001 The public hearing for Barclay Tract was closed on Council Member Alvarez' motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. Telecom/Burlseon Office Area (Approximately 40 acres southeast of the intersection of Smith School Road and Burleson Road). The public hearing for Telecom/Burleson Office Area was closed on Council Member Alvarez' motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. Purcell/Tomen Parke Area (Approximately 427 acres west RR 620 between Bullick Hollow and Vista Parke/Wilson Parke). The public hearing for Purcell/Tomen Parke Area was closed on Council Member Thomas' motion, Council Member Slusher's second by a 6-0 vote. Mayor Watson was off the dais. 68. Conduct a public hearing to receive citizen comments on the City's application to the U.S. Department of Housing and Urban Development (HUD) for Section 108 Loan Guarantee Assistance in a loan amount not to exceed $2,000,000 to increase the funds available for the Neighborhood Commercial Management Loan Program. (The amount of $2,000,000 in loan funds is guaranteed by the U.S. Department of Housing and Urban Development's (HUD) Section 108 Loan Guarantee Assistance Program. If the loan application is approved the Fiscal Year 2001/2002 Operating Budget of the Neighborhood Housing and Community Development (NHCD) Office will be subsequently amended.) The public hearing was closed on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. 69. Conduct a public hearing to receive citizen comments on the City's application to the U.S. Department of Housing and Urban Development (HUD) for Section 108 Loan Guarantee Assistance in a loan amount not to exceed $6,000,000 to fund the construction of the Downtown Homeless Shelter. (The amount of $6,000,000 in loan funds is guaranteed by the U.S. Department of Housing and Urban Development's (HUD) Section 108 Loan Guarantee Assistance Program. If the loan application is approved the Fiscal Year 2001/2002 Operating Budget of the Neighborhood Housing and Community Development (NHCD) Office will be subsequently amended.) The public hearing was closed on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. 70. Conduct a public hearing and consider an ordinance amending the Austin Tomorrow Comprehensive Plan by adopting the Holly Neighborhood Plan for the area bounded by 7th Street to the north, Chicon Street to the west, Pleasant Valley to the east and Town Lake to the South. (This plan is advisory and does not legally obligate the Council to implement any particular recommendation.) This item was postponed to December 6, 2001 on Council Member Thomas' motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. 73. Consider and possible action for an ordinance amending the Austin Tomorrow Comprehensive Plan by adopting the Holly Neighborhood Plan for the area bounded by 7th Street to the north, Chicon Street to the west, Pleasant Valley to the east and Town Lake to the South. (This plan is advisory and does not legally obligate the Council to implement any particular recommendation.) This item was postponed to December 6, 2001 on Council Member Thomas' motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. MINUTES OF CITY COUNCIL MEETING 18 OCTOBER 11,2001 71. Conduct a public hearing on a request by Ms. Lisa M. Chahadi to waive the minimum separation requirement of Section 8-3-4 of the City Code between the Austin Meat Market, a food sales use that intends to sell alcoholic beverages at 5001 Airport Blvd. and a public school (Ridgetop Elementary) use. File # SP-01-0380 (AW). Applicant: Lisa M. Chahadi. Agent: Jim Bennett. City Staff: Luci Gallahan, 974-2669. 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 off the dais. 74. Consider and possible action on a resolution regarding a request by Ms. Lisa M. Chahadi to waive the minimum separation requirement of Section 8-3-4 of the City Code between the Austin Meat Market, a food sales use that intends to sell alcoholic beverages at 5001 Airport Blvd. and a public school (Ridgetop Elementary) use. File # SP-01-0380 (AW). Applicant: Lisa M. Chahadi. Agent: Jim Bennett. City Staff: Luci Gallahan, 974-2669 Resolution No. 011011-74 was approved on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 5-1 vote. Mayor Watson was off the dais. Council Member Thomas voted no. 72. Conduct a public hearing to consider an ordinance amending Section 25-1-46 of the City Code regarding the jurisdiction of the Planning Commission over land development applications in areas under consideration for a neighborhood plan. (Recommended by the Planning Commission) This item was postponed to October 25, 2001 on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. 75. Consider and possible action on an ordinance amending Section 25-1-46 of the City Code regarding the jurisdiction of the Planning Commission over land development applications in areas under consideration for a neighborhood plan. (Recommended by the Planning Commission) This item was postponed to October 25, 2001 on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. The motion to adjourn the meeting at 7:46 p.m. was approved on Council Member Slusher's motion, Mayor Pro Tern Goodman's second by a 6-0 vote. Mayor Watson was off the dais. The minutes for the regular meeting of October 11, 2001 were approved on Council Member Griffith's motion, Council Member Thomas' second by a 6-0 vote. Mayor Pro Tern Goodman was off the dais.