MINUTES OF CITY COUNCIL MEETING JANUARY 17, 2002 Austin City Council MINUTES REGULAR MEETING THURSDAY, JANUARY 17,2002 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 regular meeting on Thursday, January 17, 2002 in the Board Room at Lower Colorado River Authority Hancock Building, 3700 Lake Austin Boulevard. Mayor Garcia called the meeting to order at 12:05 p.m. The meeting was recessed at 12:09 p.m. to go into Executive Session. 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. 1. Discuss legal issues related to Longhorn Partners Pipeline. L.P. v. City of Austin, et. al, No. A- 02-CA-001-SS and Ethel Spiller, et. al v. Longhorn Partners Pipeline, L.P.. et. al, Case No. A 98 CA 255 SS, in the United States District Court for the Western District of Texas, Austin Division, and other legal issues related to hazardous pipelines. 2. Discuss legal issues related to F. L. Vivion, N. K. Bollard, L. I. Bollard, et al. v. the City of Austin, Cause Number GN-I03330, filed in the 261st Judicial District Court of Travis County. No discussion was held on this item. 3. Discuss divestiture of an interest in real property acquired for Water Quality Program related to the November 1998 Proposition 2 Bonds. Mayor Garcia announced that item 46 would also be discussed during Executive Session under 551.071 of the Open Meetings Act. Executive Session ended at 1:38 p.m. Invocation: Pastor Rick Randall, Austin Cornerstone Church. Mayor Garcia called the meeting back to order at 1:40 p.m. CITIZEN COMMUNICATIONS MINUTES OF CITY COUNCIL MEETING 2 JANUARY 17,2002 5. Richard R. Troxell - Release of Criminalization Report (Austin's National Ranking) 9. Charlotte Flynn - Hiring New City Manager. 6. Gus Pena - Open 7. Jimmy Castro - A.I.S.D. Bond Election . 8. Jennifer L. Gale - Jesus Garza - Our City Manager's reward for serving the Greater Austin Chamber of Commerce. - ABSENT 10. John Serrao - Transportation Code referring to towing Ch. 684 (towing policies in general) 11. Veronica Hernandez - Holly Power Plant - ABSENT 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 Mayor Pro Tern Goodman's motion, Council Member Thomas' second by a 7-0 vote. Item 13 was pulled for discussion. 14. C14-01-014S.004 - Central East Austin Neighborhood Plan Rezonings - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 2314 East 7th Street out of the Central East Austin Neighborhood Plan area bounded on the west by IH-35, on the north by Martin Luther King Jr. Blvd., on the east by Chicon St./ Northwestern Ave,, and on the south by E. 7th Street (Waller and Boggy Creek Watersheds. Applicant: City of Austin. City Staff: Sue Hounsel, 974-6564; Sherri Gager, 974- 3057. Note: A valid petition has been filed by the property owner in opposition to this rezoning request. (Continued from 12/13/01) This item was postponed to February 7,2002 at the applicant and neighborhood's request. 15. Consider and possible action to approve on second and third readings an Ordinance amending the Austin Tomorrow Comprehensive Plan by adopting the Holly Neighborhood Plan for the property known as 2314 East 7th Street (Tract 132b). (This plan is advisory and does not legally obligate the Council to implement any particular recommendation.) (Continued from 12/13/01) (Related Item No. 16) This item was removed from the agenda and no action was required. Item 16 was pulled for discussion. 17. Approve a resolution authorizing the negotiation and execution of an agreement with the Austin Community Development Corporation (ACDC) in an amount not to exceed $100,000, to provide financial assistance to small businesses and small commercial development projects that create jobs for low-to-moderate income persons. [Funding is available in the Fiscal Year 2001-2002 Neighborhood Housing and Community Development Office (NHCD) 27th year Community Development Block Grant (CDBG).] Resolution No. 020117-17 was approved. 18. Approve a resolution authorizing negotiation and execution of a contract with AUSTIN RECOVERY CENTER, INC., Austin, Texas, for the purchase, including closing costs, of the undeveloped, four-acre tract of property located at Old Manor Road and East 51st Street, in an amount not to exceed $85,000. (Funding in the amount of $85,000 is available in the 2001-2002 Approved Capital Budget of the Electric Utility Department.) Resolution No. 020117-18 was approved. 19. Approve a resolution authorizing negotiation and execution of a professional services agreement with the following three firms: BLACK & VEATCH CORPORATION, Kansas City, MO; MINUTES OF CITY COUNCIL MEETING 3 JANUARY 17,2002 SARGENT & LUNDY, LLC, Chicago, IL; and STANLEY CONSULTANTS, INC., Austin, Texas, to provide specialized engineering and associated technical services necessary for planning, analysis, design and construction management of improvements to Austin Energy power plants for a period estimated at three years or until available funding authorization is expended, each agreement in an amount not to exceed $3,000,000, with a total amount of the three agreements not to exceed $3,000,000 (estimated approximately $1,000,000 per firm). (Funding in the amount of $3,000,000 is available in the 2001-2002 Approved Capital Budget of the Electric Utility Department.) Best qualified of ten RFQs submitted. 9.50% MBE, 18%WBE subcontracting participation. This item was postponed to January 31,2002 at staffs request. 20. Approve a resolution authorizing an Interlocal Cooperation Agreement with Travis County for the period October 1, 2001 through September 30, 2002, under which the City will provide ground emergency medical services in Travis County outside the City's corporate limits, as well as some personnel and equipment for STAR Flight services. [The amount $7,442,762 to be paid by Travis County. $7,432,009 was included in the Approved Fiscal Year 2001-2002 Operating Budget of the EMS Travis County Reimbursed Fund. A reduction of ($108,912) is proposed for the EMS Travis County Reimbursed Fund per the companion Budget Amendment to this agenda item. This budget amendment will generate a net total of $7,323,097 in budgeted revenue for the EMS Travis County Reimbursed Fund. $119,665 was included in the Approved Fiscal Year 2001-2002 Operating Budget of the EMS General Fund as expenditures paid by Travis County.] (Related Item No. 22) Resolution No. 020117-20 was approved. 21. Approve an ordinance creating a new Austin-Travis County Emergency Medical Services Advisory Board, abolishing the Emergency Medical Services Department Quality Assurance Team, and removing the Urban Transportation Commission from the review of medical transfer services franchises. (Recommended by EMS Quality Assurance Team and EMS Transition Team and Urban Transportation Commission) Ordinance No. 020117-21 was approved. 22. Approve an ordinance to amend Ordinance 010910-01 the Fiscal Year 2001-2002 Approved Operating Budget of the Emergency Medical Services Department Travis County Reimbursed Fund by reducing revenues and expenditures by $108,912 in funding from Travis County, and deleting 2.0 FTEs in the Operations Program, Communications Activity. (The amount of $108,912 in decreased expense reimbursement revenue from Travis County. Travis County reimburses costs incurred by the City of Austin per the EMS Interlocal Agreement.) (Related Item No. 20) Ordinance No. 020117-22 was approved. Item 23 was pulled for discussion. 24. . Approve a resolution authorizing renewal and amendment of the Calendar Year 2001 Interlocal Cooperation Agreement between the City of Austin, Travis County, and the Austin Travis County Mental Health Mental Retardation Center for the period January 1, 2002 through December 31, 2002, at a cost to the City not to exceed $1,472,147. [Funding in the amount of $1,124,610 (Jan-Sept 2002) was included in the Fiscal Year 2002 Approved Operating Budget of the Health and Human Services Department. Funding for the remaining three months of the contract ($347,537; Oct-Dec 2002) is contingent upon available funding in a future budget.] Resolution No. 020117-24 was approved. 25. Approve a resolution authorizing renewal and amendment of the Calendar Year 2001 tnterlocal Cooperation Agreement between the City of Austin, Travis County, and the Austin Travis MINUTES OF CITY COUNCIL MEETING 4 JANUARY 17,2002 County Mental Health Mental Retardation Center Substance Abuse Treatment Services, for the period January 1, 2002 through December 31, 2002, at a cost to the City not to exceed $1,063,303 ($568,303 HHSD and $495,000 Municipal Court). [Funding in the amount of $797,477 was included in the Fiscal Year 2001-2002 Approved Operating Budget of the Health and Human Services Department ($426,227) and Municipal Court (5371,250). Funding for the remaining three months ($265,826) of this agreement is contingent upon availability of funds in future Operating Budgets.] Resolution No. 020117-25 was approved. 26 Approve a resolution authorizing execution of a Child Care Local Initiative Agreement with WORKSOURCE - GREATER AUSTIN AREA WORKFORCE BOARD, Austin, Texas 78752 to match federal funds and provide child care and child care services in an amount not to exceed $500,000. (Funding in the amount of $500,000 is available in the 2001-2002 Approved Operating Budget of the Health and Human Services Department.) Resolution No. 020117-26 was approved. 27. Approve a resolution directing the Planning Commission to consider neighborhood plans for the following neighborhoods: Upper Boggy Creek; Bouldin Creek; North Loop; MLK; MLK-183; Pecan Springs-Springdale; Franklin Park; McKinney; Southeast; Gateway; North Burnet; Govalle; and Johnson Terrace. Resolution No. 020117-27 was approved. 28. Approve a resolution to extend a rezoning application for period of 180 days for the property located at Ferguson Lane at Exchange Drive and Tuscany Way. Case No. C14-00-2019. Applicant: ABGN Corporation (George Nalle). City Staff: Annick Beaudet, 974-2975 Resolution No. 020117-28 was approved. 29. C14-01-0130 - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1000 East Yager Lane (Walnut Creek Watershed) Applicant: B. Patel. City Staff: Sherri Gager, 974-3057. Ordinance No. 020117-29 was approved. 30. C14-01-0132 - Tinseltown USA -Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by zoning property located at 15440 Pecan Street (P.M. 1825 Street) and 15323 IH-35 North Service Road Northbound, (Harris Branch, Walnut Creek, Gilleland Watersheds). Applicant: Cinemark USA, Inc. C/O Princino VIE, L.P. (Don Harton) and PBA Development, Inc. (Robert Copple). City Staff: Sherri Gager, 974-3057. Ordinance No. 020117-30 was approved. 31. Approve a resolution to ratify an Interlocal Agreement with Travis County to provide after school services for children living in Travis County Precinct 1 (Northeast Austin), and authorize a one-year renewal. (Funding in the amount of $98,355 for this agreement was included in the 2001-2002 Operating Budget for Travis County.) (East Side Story) Resolution No. 020117-31 was approved. 32. Approve a resolution authorizing execution of a contract with BRAUN & BUTLER CONSTRUCTION, Austin, Texas, for construction of the Daniel E. Ruiz Branch Library located at 1600 Grove Boulevard, in the amount of $2,768,000. (Funding is included in the 2000-2001 Amended Capital Budget of the Library Department.) Lowest of nine bids received. 14.20% MBE, 9.51% WBE subcontracting participation. Resolution No. 020117-32 was approved. MINUTES OF CITY COUNCIL MEETING 5 JANUARY 17,2002 33. Approve a resolution authorizing execution of Change Order #10 to the construction contract with R.E.C. INDUSTRIES, INC., Bryan, Texas, for extended direct and overhead costs for the CSC/City HaJl District Cooling Plant Project, in the amount of $161,140, for a total contract amount not to exceed 57,750,949.62. (Funding in the amount of $161,140 is available in the 2001-2002 Capital Budget of the Electrical Utility Department.) No MBE/WBE subcontracting participation. Overall MBE/WBE participation, including this Change Order: 7% MBE, 1% WBE. Resolution No. 020117-33 was approved. 34. Approve a resolution authorizing execution of a construction contract with J. F. WHITE CONTRACTING CO., Framingham, MA, for the Govalle Tunnel Inspection Project, in the amount of $2,945,000. (Funding is available in the 2001-2002 Amended Capital Budget of the Water & Wastewater Utility.) Sole Bid. .56% MBE, .36% WBE subcontracting participation. (Recommended by Water and Wastewater Commission) Resolution No. 020117-34 was approved. 35. Approve a resolution authorizing execution of a purchase through the State of Texas General Services Commission contract with TOTER INCORPORATED, Statesville, North Carolina, to provide garbage carts for the Solid Waste Services Department in an amount not to exceed $448,358.88. (Funding is available in the 2001-2002 Operating Budget of the Solid Waste Services Department.) The garbage carts will be provided by a contract that was competitively bid and awarded by the State of Texas General Services Commission. Resolution No. 020117-35 was approved. 36. Approve a resolution authorizing execution of amendment No. 3 to a service agreement with the STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES, Austin, Texas, to authorize an additional five year term in an amount not to exceed $5,200,000, with the option to extend for another five year term in an amount not to exceed $5,500,000 for additional communications products and services for the expansion of the Electric Utility Department's communications network, for a revised contract amount not to exceed $17,275,000. (Funding in the amount of $5,200,000 is available in the 2001-2002 Approved Capital Budget of the Electric Utility Department. Funding for the extension option is contingent upon available funding in future budgets.) Resolution No. 020117-36 was approved. 37. Approve a resolution authorizing execution of a 12-month service agreement for outreach immunization services with SETON HEALTHCARE NETWORK, Austin, Texas, in an amount not to exceed $19,500 with two 12-month extension options in an amount not to exceed $19,500 per extension for a total contract amount not to exceed $58,500; and with PEOPLE'S COMMUNITY CLINIC, Austin, Texas, in an amount not to exceed $50,400 with two 12-month extension options in an amount not to exceed $50,400 per extension for a total contract amount ' not to exceed $151,200. (Funding in the amount of $46,600 was included in the 2001-2002 Special Revenue Fund for the Health & Human Services Department from the Texas Department of Health, Immunization Outreach Grant Program. Funding for the remaining four months of the original contract period and extension options is contingent upon available funding in future budgets.) Low responsive bid per sector/two bids received. These contracts will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. No subcontracting opportunities were identified, therefore, no goals were established. Resolution No. 020117-37 was approved. 38. Approve a resolution authorizing Amendment No. 7 to increase the contract in the amount of $775,000, as approved in the Fiscal Year 2001-2002 budget, for services for the fourth year of the contract with Kenneth Threadgill's Musical Foundation, Austin, Texas, for the management MINUTES OF CITY COUNCIL MEETING 6 JANUARY 17,2002 and operation of the Austin Music Network (AMN), for a total contract amount not to exceed 52,548,000. (Funding in the amount of $715,000 was included in the 2001-2002 Operating Budget for the Finance and Administrative Services Department and $60,000 in the Cultural Arts Fund. Funding for the remaining 32 months of the contract period and the extension option is contingent upon available funding in future budgets. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinance, as amended. There are no opportunities for subcontracting, therefore, no goals were established. Resolution No. 020117-38 was approved. 39. Approve a resolution authorizing execution of a 12-month supply agreement with EQUIPMENT SOUTHWEST, INC., Irving, Texas, for the purchase of captive repair parts for Leach refuse equipment in an amount not to exceed $125,000 with three 12-month extension options in an amount not to exceed $125,000 per extension for a total contract amount not to exceed $500,000. (Funding in the amount of $93,750 was included in the 2001-2002 Operating Budget for the Fleet Maintenance Fund of the Finance and Administrative Services Department. Funding for the remaining three months of the original contract period and the extension options is contingent upon available funding in future budgets.) Low bidder/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. These parts are provided directly to the City by the manufacturer's authorized distributor. Resolution No. 0201J 7-39 was approved. 40. Approve a resolution authorizing execution of 12-month service agreement with AAA FIRE & SAFETY EQUIPMENT CO., INC., Austin, Texas, to provide fire suppression systems and maintenance for Austin-Bergstrom International Airport in an amount not to exceed $40,488 with two 12-month extension options in an amount not to exceed $40,488 per extension, for a total contract amount not to exceed $121,464. (Funding in the amount of $30,366 is available in the approved 2001-2002 Operating Budget for Department of Aviation. Funding for the three remaining months of the initial agreement and two 12-month extension options is contingent upon available funding in future budgets.) Low bidder/five bids received. This contract will be awarded in compliance with the 1996 MBE/WBE Ordinances, as amended. The recommended awardees will provide these services directly to the City. No subcontracting opportunities were identified, therefore, no goals were established for this solicitation. Resolution No. 020117-40 was approved. Item 41 was pulled for discussion. 42. Approve a resolution authorizing negotiation and execution of an amendment to the Brushy Creek Regional Wastewater System Wastewater Disposal Agreement to facilitate construction of Contracts 20 and 21 of the Regional Wastewater System through Texas Water Development Board funding for a portion of the cost of Contract 20 and 21. (Payment for annual wastewater disposal and treatment services will be budgeted for in future Water and Wastewater Utility annual operations and maintenance budgets.) (Recommended by Water and Wastewater Commission) Resolution No. 020117-42 was approved. 43. Approve an ordinance waiving subdivision application fees for one year for approximately 4.26 acres of land within the Nowotny Annexation Area, annexed by Ordinance No. 011213-72. (Council Member Will Wynn) Ordinance No. 020117-43 was approved. MINUTES OF CITY COUNCIL MEETING 7 JANUARY 17,2002 44. Consider a resolution establishing a Public Safety Task Force headed by Council Member Danny Thomas, (Council Member Danny Thomas, Mayor Gus Garcia and Council Member Raul Alvarez) Ordinance No. 020117-44 was approved. 45. Approve a resolution concerning the guidelines for Cultural Arts contracts. (Mayor Pro Tem Jackie Goodman) Resolution No. 020117-45 was approved. 46. Discussion and possible action concerning site development issues and the future status of the lease agreement for the Mexican American Cultural Center (MACC). (Council Member Raul Alvarez and Mayor Gus Garcia). This item was postponed indefinitely. Items Z-l through Z-13 were zoning items. Items 47 through 50 were public hearings. Items 51 through 52 were actions related to the public hearings. 53. APPOINTMENTS Animal Advisory Commission Marilyn Bostick Arts Center Stage Amy Wong Mok Hector Uribe Arts Commission Pamela Cunningham Board of Adjustment Francisco Fuentes Dorothy Richtcr reappointment appointment appointment appointment reappointment reappointment Brackenridge Hospital Oversight Council Donna Ammons reappointment Margaret Uriegas reappointment Design Commission John Patterson reappointment Downtown Commission Timothy Finley (Downtown Alliance representative) appointment Electrical Board Gordon Byram reappointment Environmental Board Susana Almanza appointment Thomas Mayor Mayor Thomas Consensus Consensus Consensus Consensus Thomas Consensus Goodman Thomas MINUTES OF CITY COUNCIL MEETING 8 Housing Authority Charles Bailey reappointment Carl S. Richie reappointment Jackson A. Cole appointment Human Rights Commission Steve Alvarez reappointment William Hale appointment Library Commission Patricia Rodriquez reappointment Clifton Griffin reappointment MBE/MWE Advisory Committee Maryam Gharbi appointment Mechanical. Plumbing & Solar Board William Earl Harris, Jr. appointment Medical Assistance Program Advisory Board JANUARY 17, 2002 Mayor Mayor Mayor Alvarez Mayor Mayor Griffith Consensus Consensus Consensus Jeremiah E. Lenihan, Jr. appointment Music Commission Luis Francisco Zapata appointment Alvarez Resource Management Commission Michael Kuhn reappointment Goodman Sign Review Board Francisco Fuentes reappointment Consensus Cathy French reappointment Consensus Bruce W. Shelton reappointment Consensus Solid Waste Commission Mark Sanders appointment Slusher Telecommunications Commission Michael Lofton appointment Thomas Urban Transportation Commission Tommy Eden reappointment Thomas Patrick Goetz reappointment Consensus Joneth Wyatt reappointment Consensus Water & Wastewater Commission Andrew S. Miller appointment Consensus Item 54 was a briefing. DISCUSSION ITEMS 12. Approval of minutes from Worksession on January 9, 2002 and regular meeting of January 10, 2002. MINUTES OF CITY COUNCIL MEETING 9 JANUARY 17,2002 The minutes of the January 9, 2002 \Vorksession were approved on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 6-0-1 vote. Council Member Slusher abstained. The minutes of the regular meeting of January 10, 2002 were approved on Council Member Wynn's motion, Mayor Pro Tern Goodman's second by a 7-0 vote. 13. Adopt a resolution granting VoiceStream PCS II Corporation a non-exclusive license to place a wireless communication station at the Windsor Road Fire Station located at 3009 Windsor Road. (The amount of $7,250 in revenue will be deposited to the General Fund.) Resolution No. 020117-13 was approved on Council Member Thomas' motion, Council Member Slusher's second by a 7-0- vote. 23. Amend Ordinance No. 010910-01 the 2001-2002 Operating Budget of the Support Services Fund by: 1. Decreasing Transfers Out to General Obligation Debt Services Fund by $1,766,578; 2. Increasing Transfers Out to the Redevelopment Services Office CIP by $1,387,509; and 3. Increasing the ending balance by $379,069 Amend Ordinance No. 010910-01 the 2001-2002 Operating Budget of the General Obligation Debt Services Fund by: 1. Decreasing Transfers In from Support Services Fund by $1,766,578. Amend Ordinance No. 010910-02 the 2001-2002 Capital Budget of the Redevelopment Services Office by: 1. Increasing Transfers In from the Support Services Fund by $ 1,387,509; 2. Decreasing appropriations for the account "CSC - Other Incentives" by $2,612,491; and 3. Creating a new account "Block 21 Purchase" and appropriating $4,000,000 in that account. (Funding in the amount of $2,612,491 is available in the Capital Budget of Redevelopment Services and $1,387,509 is available in the Support Services Fund. (Related Item No. 41) Ordinance No. 020117-23 was approved on Council Member Slusher's motion, Council Member Griffith's second by a 7-0 vote. 41. Approve a resolution authorizing tbe City Manager to negotiate and execute all documents necessary to implement the purchase of all rights held by Computer Sciences Corporation (CSC) for development of Block 21 for $4 million and the termJnation of CSC's interests in Block 21, to allow for municipal development of Block 21. (Funding is available in the Fiscal Year 2002 Capital Budget of the Redevelopment Services Office.) (Related Item No. 23) Resolution No. 020117-41 was approved on Council Member Slusher's motion, Council Member Griffith's second by a 7-0 vote. 16. C14-01-0166.001 - Holly Neighborhood Plan Rezonings - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1902, 1914 East 6th St.; 613 Chicon St; 2000, 2008, 2100, 2117 East 6th St.; 2406 Hidalgo St.; 2422 Hidalgo St.; 0 East 6th St. (in proximity to the Union Pacific Railroad line and between Pedernales and Robert T Martinez Jr. St.); 2200, 2416 East 6th St.; 2201 Hidalgo St.; 2617 East 6th St.; 501 Pedernales St.; 505 Robert T Martinez Jr. St.; 2235 East 6th St.; 0 East 5th St. (in proximity to the Union Pacific Railroad line and between Pedernales and Robert T Martinez Jr. St.); 2415, 2419, 2421 East 5th St. out of the Holly Neighborhood Plan area bounded on the west by Chicon Street, on the north by 7th Street, on the east by Pleasant Valley Road, and on the south by Town Lake (Town Lake, Boggy and Colorado River Watersheds). Applicant: City of Austin. Agent: Neighborhood Planning and Zoning Department. City Staff: Mario Jesus Flores, 974-2413 and Wendy Walsh, 974-7719. (Continued from 12/13/01) (Related Item No. 15) The motion to postpone this item until the zoning issues on Govalle are decided, to initiate re-zoning on the LI properties along the railroad tracks, and to bring the plans back to MINUTES OF CITY COUNCIL MEETING 10 JANUARY 17,2002 Council so there will be consistency was approved on Council Member Alvarez* motion, Mayor Garcia's second by a 6-0 vote. Council Member Slusher was off the dais. 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 Griffith's second by a 6-0 vote. Council Member Wynn was off the dais. Z-l. C14H-00-0013 - Schneider Vaults - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 400 West 2nd Street (Town Lake Watershed). Applicant: City of Austin Historic Landmark Commission. City Staff: Barbara Stocklin, Transportation, Planning and Sustainability Department, 974-2414. Ordinance No. 020117-Z1 was approved. Z-2. C814-01-0065 - Bear Creek PUD - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as the southeast corner of SH 45 and P.M. 1826 (Motorola Tract) (Slaughter and Bear Creek Watersheds). Applicant: Stratus Properties (Kenneth Blaker). City Staff: Wendy Walsh, 974- 7719. (Continued from 12/13/01) This item was postponed to February 14,2002 at the neighborhood's request. Z-3. C814-01 -0096 - Bluffstone PUD - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 5401, 5405, 5505 Bluffstone Drive (Bull Creek Watershed). Applicant: Marjorie Joseph (Jomar Joseph Partners, Ltd. and Pete Lamy (Spicewood Springs Venture). City Staff: Sherri Gager, 974-3057. Ordinance No. 020117-Z3 was approved. Z-4. C14-01-0089 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4410 East William Cannon Drive (Williamson Creek Watershed). Property Owner: Daniel and Homero Garcia. City Staff: Wendy Walsh, 974-7719. Ordinance No. 020117-Z4 was approved. Z-5. C14-01-0115 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1701 - 1721 West Slaughter Lane (Slaughter Creek Watershed). Property Owner: Westco Development # 29 (Al Davidson). City Staff: Wendy Walsh, 974-7719. This item was postponed to January 31,2002 at the neighborhood's request. Z-6. C14-01-0138 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 2325 Ben White Boulevard East (Country Club Creek Watershed). Property Owner: Twin Oaks Associates (Scott C. Jung). City Staff: Wendy Walsh, 974-7719. Ordinance No. 020117-216 was approved. Z-7. C14-01-0143 (SH) - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 1700 Teri Road (Williamson Creek Watershed). Applicant: University of Texas System (James S. Wilson). City Staff: Annick Beaudet, 974-2975. This item was postponed to February 7,2002 at the applicant's request MINUTES OF CITY COUNCIL MEETING H JANUARY 17,2002 Item Z8 was pulled for discussion. Z-9. C14-01-0149 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4801 Freidrich Lane (Williamson Creek Watershed). Applicant and Property Owner: Southpark Jack, L.L.C. (Jack Higgins). City Staff: Wendy Walsh, 974-7719. Ordinance No. 020117-Z9 was approved. Z-10. C14-01-0158 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 4200 Block of Willow Springs (Blunn Creek Watershed). Applicant and Property Owner: Twin Oaks Associates (Joe Charles Jung). City Staff: Wendy Walsh, 974-7719. The first reading of this ordinance was approved. Z-ll. C14-01-0162 - Great Hills Trail Office Building - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 9300 Great Hills Trail (Bull Creek Watershed). Applicant: Great Hills Trail Ltd. City Staff: Sherri Gager, 974-3057 Ordinance No. 020117-ZH was approved. Z-12. C14-01-0163 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by zoning property locally known as 12224 Roxie Drive (Lake Creek Watershed). Applicant: J. D. Miller. City Staff: Sherri Gager, 974-3057. Ordinance No. 020117-Z12 was approved. Z-13. C14-01-0165 - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property located approximately 400 feet northeast of the intersection of Anderson Mill Road and U.S. Highway 183 North (Lake Creek Watershed). Applicant: Pond Springs Mini Storage (Chris D. Jones). City Staff: Sherri Gager, 974-3057. Ordinance No. 020117-Z13 was approved. ZONING DISCUSSION Z-8. C14-01-0146 - Oak Hill Heights Section Six - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as the north side of Convict Hill Road, east of Poncha Pass (Williamson Creek Watershed). Applicant: Benchmark Development Corp. (David Mann). City Staff: Wendy Walsh, 974-7719. The motion to approve first reading of the ordinance, changing the zoning to SF-2, was made on Mayor Pro Tern Goodman's motion, Council Member Griffith's second. Council Member Slusher offered a friendly amendment to adopt the Planning Commission's recommendation. This was not accepted by the maker of the motion. There was a substitute motion made by Council Member Slusher to adopt the Planning Commission's recommendation for SF-3. This motion failed due to lack of a second. The first reading of this ordinance, changing the zoning to SF-2, was approved on Mayor Pro Tern Goodman's motion, Council Member Griffith's second by a 6-1 vote. Council Member Slusher voted no. The meeting was recessed at 5:10 p.m. to go into Executive Session. EXECUTIVE SESSION MINUTES OF CITY COUNCIL MEETING 12 JANUARY 17,2002 4. Discuss the separation and transition of City Manager Jesus Garza, and the appointment and employment of an acting City Manager. Executive Session ended at 6:00 p.m. Mayor Garcia called the meeting back to order at 6:11 p.m. DISCUSSION ITEMS CONTINUED 47. Conduct a public hearing on whether the City Charter should be amended to provide for the election of the Council from single-member districts. The public hearing was closed on Council Member Griffith's motion, Council Member Wynn's second by a 6-0 vote. Mayor Pro Tern Goodman was off the dais. 50. Conduct 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. (Continued from 11/29/01) This item was postponed to January 31, 2002 on Council Member Thomas' motion, Mayor Garcia's second by a 6-0 vote. Mayor Pro Tern Goodman was off the dais. 52. 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. This item was postponed to January 31, 2002 on Council Member Thomas* motion, Mayor Garcia's second by a 6-0 vote. Mayor Pro Tern Goodman was off the dais. 49. Conduct a public hearing to consider a request for a variance from the Land Development Code to allow construction of a single-family residence at 5307 Chesterfield Avenue in the 25-year and 100-year floodplains of Waller Creek and to waive dedication of the 100-year floodplain as drainage easement. The public hearing was closed on Council Member Griffith's motion, Council Member Wynn's second by a 6-0 vote. Mayor Pro Tern Goodman was off the dais. 51. Consider action on a request for a variance from the Land Development Code to allow construction of a single-family residence at 5307 Chesterfield Avenue in the 25-year and 100- year floodplains of Waller Creek and to waive dedication of the 100-year floodplain as drainage easement The motion to deny the request was approved on Mayor Garcia's motion, Council Member Slushcr's second by a 7-0 vote. 54. Briefing on proposed amendment to Brackenridge Hospital Lease regarding Reproductive Health Services. The presentation was made by Jesus Garza, City Manager; Patricia Hayes, Interim President/CEO Seton Healthcare Network; Trish Young, Chief Executive Officer, Primary Care Clinics; John Stephens, Director, Financial Services; and Betty Dunkerley, Assistant City Manager, MINUTES OF CITY COUNCIL MEETING 13 JANUARY 17,2002 48. Conduct a public hearing on the proposed amendment to Brackenridge Hospital Lease regarding Reproductive Health Services. The public hearing was closed on Council Member Wynn's motion, Council Member Sinsher's second by a 7-0 vote. The motion to adjourn the meeting at 9:55 p.m. was approved on Council Member Wynn's motion, Council Member Slasher's second by a 7-0 vote. The minutes from the Worksession of January 16, 2002 and the Regular Meeting of January 17, 2002 were approved on Council Member Griffith's motion, Mayor Pro Tern Goodman's second by a 7-0 vote.