Regular Meeting of the Austin City Council
August 5, 2004
Meeting Agenda
Agenda (Regular Called and AHFC), 892kb
Changes to the Meeting Agenda
Agenda Changes and Corrections, 80kb
Council Questions and Answers
Agenda Questions and Answers, 121kb
Approved Meeting Minutes
The minutes for the Regular Meeting of August 5, 2004 were approved on the 12th day of August, 2004 on Council Member Alvarez' motion, Council Member Thomas' second on a 7-0 vote.
Minutes, 1.2mb
Closed Caption Transcript
Transcript, 635kb
Agenda Items - August 05, 2004
Scroll down to view each item on the meeting agenda or click on a number to go directly to that item.
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Item 1 - August 5, 2004
Approval of minutes from the meeting of July 29, 2004.
The minutes from the regular meeting of July 29, 2004 were approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
There are no documents available for this agenda item.
Item 2 - August 5, 2004
Approve an ordinance repealing and replacing Articles 1 through 16 of Chapter 15-9 of the Code relating to Utility Service Regulations (which are the rules to be followed by the City in supplying utility services, and by the customer in using such service) to clarify existing provisions and add new provisions for products and services brought on by changing demands in the Utility industry; readopting offenses; and providing penalties. (Recommended by the Electric Utility Commission.)
Ordinance No. 040805-02 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Ordinance
Ordinance No. 20040805-002, PDF, 1.8mb
Work Papers and Other Backup Documentation
20040805-002, Affidavit of Publication, PDF, 35kb
20040805-002, Agenda Backup, PDF, 1.8mb
Item 3 - August 5, 2004
Approve issuance of a letter of intent for a rebate in the amount of $93,624 to GAYATRI INC., Austin, TX, for the installation of a solar photovoltaic system at their facility located at 1950 South IH 35, Austin, TX. (Funding is available in the Fiscal Year 2003-2004 Amended Operating Budget of the Austin Energy Conservation Rebates and Incentives Fund.) (Recommended by the Electric Utility Commission and the Resource Management Commission.)
The motion authorizing the issuance of a letter of intent for a rebate was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-003, Agenda Backup, PDF, 45kb
20040805-003, Agenda Late Backup, PDF, 31kb
20040805-003, Agenda Late Backup, PDF, 66kb
Item 4 - August 5, 2004
Approve negotiation and execution of a contract with Eugene E. Hoes, Jr., Austin, TX, for the purchase, including closing costs and relocation expenses, of the house and lot located at 3308 South Second, in an amount not to exceed $155,000. The property is to be used for the reconstruction of Austin Energy's Cardinal Lane Substation located at Cardinal Lane and South 5th Streets. (Funding is available in the Fiscal Year 2003-2004 Amended Capital Budget of the Electric Utility Department.) (Recommended by the Electric Utility Commission.)
The motion authorizing the negotiation and execution of a contract was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-004, Agenda Backup, PDF, 99kb
Item 5 - August 5, 2004
Authorize negotiation and execution of a lease with IRON ROCK MOTORSPORTS, INC., Austin, TX, for 20,928 square feet of space in Building 7390 and approximately 8.1 acres of land at Austin-Bergstrom International Airport, for $80,668 per year less rent credits of $17,000 per year, for a net rental of $63,668 per year. (Revenue generating contract.) (Recommended by the Austin Airport Advisory Commission.)
The motion authorizing the negotiation and execution of a lease was approved on Council Member McCracken's motion, Council Member Thomas' second on a 4-3 vote. Those voting aye were: Mayor Wynn and Council Members Dunkerley, McCracken and Thomas. Those voting nay were: Mayor Pro Tem Goodman and Council Members Alvarez and Slusher.
Work Papers and Other Backup Documentation
20040805-005, Agenda Backup, PDF, 40kb
20040805-005, Agenda Late Backup, PDF, 812kb
Item 6 - August 5, 2004
Approve an ordinance authorizing acceptance of $133,079 in grant funds from the Texas Department of Health, Associateship for Family Health Services; and amending the Fiscal Year 2003-2004 Community Care Services Department Operating Budget, Special Revenue Fund, of Ordinance No. 030909-01, to appropriate $133,079 and create one and one-half (1.5) full-time equivalent positions. (Funding is available from the Texas Department of Health, Associateship for Family Health Services, Primary Care Program. The grant period is September 1, 2004 through August 31, 2005. No match is required.)
Ordinance No. 040805-06 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Ordinance
Ordinance No. 20040805-006, PDF, 36kb
Work Papers and Other Backup Documentation
20040805-006, Agenda Backup, PDF, 103kb
Item 7 - August 5, 2004
Approve an ordinance authorizing acceptance of $49,941 in additional grant funds from the Texas Department of Health, Immunization Division, and amending Ordinance No. 030909-01, the approved Fiscal year 2003-2004 Operating Budget, Health and Human Services Special Revenue Fund, by appropriating $49,941 in additional grant funds for a total grant amount of $498,941. (Funding in the amount of $49,941 is available from the Texas Department of Health, Immunization Division. The grant period is January 1, 2004 through December 31, 2004. No City match is required.)
Ordinance No. 040805-07 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Ordinance
Ordinance No. 20040805-007, PDF, 33kb
Work Papers and Other Backup Documentation
20040805-007, Agenda Backup, PDF, 111kb
Item 8 - August 5, 2004
Authorize negotiation and execution of an amendment to the outside counsel contract with SCOTT, DOUGLASS & MCCONNICO, L.L.P, Austin, TX, in S.R. Ridge Limited Partnership v. City of Austin and Stratus Properties, Inc., Cause No. A03CA832 SS in the U.S. District Court for the Western District of Texas, Austin Division, in the amount of $300,000, with a total contract amount not to exceed $360,000. (Funding in the amount of $300,000 is available in the fiscal year 2003-2004 Approved Operating Budget of the Liability Reserve Fund.) (Related Item 39)
The motion authorizing the negotiation and execution of an amendment to the outside counsel contract was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-008, Agenda Backup, PDF, 37kb
Item 9 - August 5, 2004
Approve the transfer of a parcel of land located at 1205 East 11th Street from the Urban Renewal Agency of the City of Austin for the purpose of the City transferring the land to the AUSTIN REVITALIZATION AUTHORITY, Austin, TX, for the development of community parking lots. (Urban Renewal Board authorized transfer of parcels.) (Related Item 10)
The motion authorizing the transfer of a parcel of land was approved on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-009, Agenda Backup, PDF, 32kb
20040805-009, Contract Cover Sheet, Action Construction Inc - Connelly-Yerwood House Renovation, PDF, 27kb
Item 10 - August 5, 2004
Approve the negotiation and execution of a forgivable loan to the AUSTIN REVITALIZATION AUTHORITY, Austin, TX, in an amount not to exceed $75,000 including the agreement to transfer a parcel of land located at 1205 East 11th Street for the development of a community parking lot to support future development along East 11th Streets. (Funding is available in Neighborhood Housing and Community Development Office Fiscal Year 29th Year Community Development Block Grant funds.) (Related Item 9)
The motion authorizing the negotiation and execution of a forgivable loan was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-010, Agenda Backup, PDF, 36kb
Item 11 - August 5, 2004
Authorize application for $1,500,000 in grant funding from the U.S. Department of Justice, Office of Community Policing Services (COPS), Interoperable Communications Technology grant, to enhance communications interoperability of first responders. Funding is available from the U.S. Department of Justice, COPS, Interoperable Communications Technology, for the grant period October 1, 2004 to September 30, 2005. (Funding is available from the U.S. Department of Justice, COPS, Interoperable Communications Technology. A required cash match of $500,000 is included in the Capital Budget of the Financial & Administrative Services Department.)
The motion authorizing the application was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-011, Agenda Backup, PDF, 66kb
Item 12 - August 5, 2004
Approve a resolution authorizing application and acceptance of $80,000 in grant funding from the State of Texas, Governor's Office, Criminal Justice Division, Victims of Crime Act (VOCA) for the Austin Police Department project entitled 'Outreach to Female Victims of Domestic Violence and Stalking.' (Funding is available from the State of Texas, Governor's Office, Criminal Justice Division, Victims of Crime Act for a 10-month grant period September 1, 2004 - June 30, 2005. An in-kind match of $41,645 is required and will be met by continuing the existing salary funding and additional personnel expenses for grant funded FTEs and is included in the proposed Fiscal Year 2004-2005 Operating Budget for the Austin Police Department (APD), Victim Services Program.)
Resolution No. 040805-12 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Resolution
Resolution No. 20040805-012, PDF, 44kb
Work Papers and Other Backup Documentation
20040805-012, Agenda Backup, PDF, 115kb
Item 13 - August 5, 2004
Approve a resolution to authorize the fee simple acquisition of Lots 18 and 19, Block A, of Onion Creek Plantations Section One, a subdivision of Travis County, TX, conveyed to Aaron I. and Esperanza Palacios by Warranty Deed recorded in Volume 64, Page 50, of the Deed Records of Travis County, TX, locally known as 7102 and 7104 Foy Circle, from AARON I. and ESPERANZA PALACIOS for the Creek Erosion Mitigation Program, in the amount of $125,000 for the land and improvements and $22,500 relocation benefits and moving related expenses. (Funding in the amount of $147,500 is included in the Fiscal Year 2003-2004 Amended Capital Budget of the Watershed Protection and Development Review Department.)
Resolution No. 040805-13 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Resolution
Resolution No. 20040805-013, PDF, 21kb
Work Papers and Other Backup Documentation
20040805-013, Agenda Backup, PDF, 134kb
Item 14 - August 5, 2004
Approve a resolution authorizing the filing of eminent domain proceedings for the Little Walnut/Buttermilk at 290 & 183 project of the Austin Clean Water Program to acquire a 26,736 square foot temporary staging area and material storage site easement and a 53,439 square foot temporary ingress and egress easement out of the John Applegate Survey No. 58, Abstract No. 29 in Travis County, TX, in the amount of $16,837. The owner of the property interests sought to be condemned is the CARTER FAMILY PARTNERSHIP, Austin, TX. (Funding is included in the Fiscal Year 2003-2004 Capital Budget of the Austin Water Utility.)
Resolution No. 040805-14 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Resolution
Resolution No. 20040805-014, PDF, 384kb
Work Papers and Other Backup Documentation
20040805-014, Agenda Backup, PDF, 176kb
Item 15 - August 5, 2004
Approve a resolution authorizing the filing of eminent domain proceedings for the Little Walnut/Buttermilk - North/Capital Drive project as part of the Austin Clean Water Program to acquire a (1) 18,038 square foot permanent wastewater line easement, (2) 63,686 square foot permanent access easement, (3) 71 square foot temporary working space easement, and (4) 2,418 square foot temporary staging area and material storage site easement out of Lot 1, Block A, Windcrest Parkside Subdivision, a subdivision in the City of Austin, for the amount of $68,013. The owner of the property interests sought to be condemned is AUSTIN WINDCREST PARK PLAZA LIMITED PARTNERSHIP, Austin, TX. The property is a located at 1088 Park Plaza, Austin, TX. (Funding is included in the Fiscal Year 2003-2004 Capital Budget of the Austin Water Utility.)
Resolution No. 040805-15 was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Executed Resolution
Resolution No. 20040805-015, PDF, 1.1mb
Work Papers and Other Backup Documentation
20040805-015, Agenda Backup, PDF, 163kb
Item 16 - August 5, 2004
Authorize payment to the TEXAS DEPARTMENT OF TRANSPORTATION for the City's 10% participation of the right-of-way acquisition for the U.S. Highway 290 Project, from R.M. 1826 to Brodie Lane, in accordance with the June 27, 1986 Agreement for Right-of-Way Procurement, in the amount of $141,000. (Funding is available in the Fiscal Year 2000-2001 Amended Capital Budget of the Transportation, Planning and Sustainability Department.)
The motion authorizing payment to the Texas Department of Transportation was approved by on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-016, Agenda Backup, PDF, 97kb
Item 17 - August 5, 2004
Approve a resolution to authorize negotiation and execution of all documents necessary for the acquisition of a temporary working space easement comprised of 0.025 acres of land, and a temporary staging area and material storage site easement comprised of 0.590 acres of land out of a portion of the George W. Davis Survey No. 15, in Travis County, TX, located at 3420 Executive Center Drive, from AP-KNIGHT LP., a Delaware limited partnership, Austin, TX, in the amount not to exceed $458,278 for the Austin Clean Water Program's Upper Shoal-Spicewood Branch Project. (Funding is included in the Fiscal Year 2003-2004 Capital Budget of the Austin Water Utility.)
This item was postponed indefinitely and withdrawn from the agenda by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-017, Agenda Backup, PDF, 166kb
20040805-017, Agenda Late Backup, PDF, 17kb
Item 18 - August 5, 2004
Re-authorize execution of a Local Transportation Project Advance Funding Agreement for a Metropolitan Mobility/Rehabilitation (STP 4C) grant through the State of Texas, acting by and through the Texas Department of Transportation (TxDOT) for the construction of a bike lane on Pleasant Valley Road from East Oltorf Street to Lakeshore Boulevard in the amount of $366,919. (Funding is available in the Fiscal Year 2001-2002 Amended Capital Budget of the Transportation, Planning and Sustainability Department.)
The motion authorizing the execution of a Local Transportation Project Advance Funding Agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-018, Agenda Backup, PDF, 92kb
Item 19 - August 5, 2004
Authorize execution of a construction contract with ACTION CONSTRUCTION, San Antonio, TX, for the Connelly-Yerwood Renovation Re-Bid in an amount not to exceed $376,950. (Funding is available in the Neighborhood Housing and Community Development Department (NHCD) Special Revenue Fund Section 108 loan proceeds.) Lowest bid of two received. 14.24% MBE and 5.63% WBE subcontractor participation.
The motion authorizing the execution of a construction contract was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-019, Agenda Backup, PDF, 205kb
Item 20 - August 5, 2004
Authorize negotiation and execution of a 30-month service agreement with RJW OPERATIONS, INC., dba GROUP SOLUTIONS RJW, (WBE/FB-88.1%), Austin, TX, for public information and community services for the Austin Water Utility in an amount not to exceed $93,421.25. (Funding is included in the Fiscal Year 2003-2004 Approved Capital Budget of the Austin Water Utility.) Best proposal of eight proposals received. 11.9% MBE and 0% WBE subconsultant participation.
This item was postponed to August 12, 2004 by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-020, Agenda Backup, PDF, 100kb
20040805-020, Agenda Late Backup, PDF, 32kb
Item 21 - August 5, 2004
Authorize negotiation and execution of a 12-month service agreement with OPENLINK OPERATING LLP, Houston, TX, for a risk management system including software, implementation services and maintenance in an amount not to exceed $1,500,000, with three 12-month extension options for maintenance services in an amount not to exceed $145,000 per extension option, for a total agreement amount not to exceed $1,935,000. (Funding in the amount of $1,500,000 is available in the Fiscal Year 2003-2004 Amended Capital Budget of Austin Energy. Funding for the extension options is contingent upon available funding in future budgets.) Best evaluated proposal of thirteen proposals received. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing the negotiation and execution of a service agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-021, Agenda Backup, PDF, 93kb
Item 22 - August 5, 2004
Ratify Amendment No. 1 to the contract with ABB, Inc, Sugar Land, TX, for costs incurred for enhancements to the SCADA-EMS system in an amount not to exceed $1,001,000 for a revised total contract amount not to exceed $9,082,418. (Funding in the amount of $1,001,000 is available in the 2003-2004 Amended Capital Budget for the Electric Utility Department. There is no unanticipated fiscal impact.) Critical Business Need. This contract was awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing Amendment No. 1 to the contract was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-022, Agenda Backup, PDF, 151kb
Item 23 - August 5, 2004
Authorize execution of a 12-month service agreement with WINDOW GANG, Austin, TX, for window cleaning services in an amount not to exceed $69,438, with two 12-month extension options in an amount not to exceed $69,438 per extension option, for a total agreement amount not to exceed $208,314. (Funding in the amount of $11,573 is available in Fiscal Year 2003-2004 Approved Operating Budget of the Aviation Department. Funding for the remaining 10-months of the original contract period and extension options is contingent upon available funding in future budgets.) Lowest bid of three bids received. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing the execution of a service agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-023, Agenda Backup, PDF, 62kb
Item 24 - August 5, 2004
Authorize execution of a contract through the State of Texas, Texas Building and Procurement Commission, with HAWORTH INCORPORATED, Austin, TX, and the authorized distributor FURNITURE MARKETING GROUP, Austin, TX for the purchase and installation of modular office systems for built-in cubicle arrangements including wall panels and modular office furniture for the Solid Waste Services Department in an amount not to exceed $62,632.12. (Funding is available in the Fiscal Year 2003-2004 Approved Operating Budget of the Solid Waste Services Department.) Purchasing Cooperative.
The motion authorizing the execution of a contract was approved. by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-024, Agenda Backup, PDF, 49kb
20040805-024, Contract Cover Sheet, HAWORTH - PURC AND INSTALL MODULAR OFF SYS, PDF, 30kb
Item 25 - August 5, 2004
Authorize execution of a 12-month supply agreement with INGRAM LIBRARY SERVICES, INC., La Vergne, TN, for books on audio cassette and compact disc in an amount not to exceed $170,593, with two 12-month extension options in an amount not to exceed $170,593 per extension, for a total agreement amount not to exceed $511,779. (Funding in the amount of $14,216 is available in the Fiscal Year 2003-2004 Approved Operating Budget of the Library Department. Funding for the remaining 11-months of the original contract period and extension options is contingent upon available funding in future budgets.) Lowest responsive bid of five bids received This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing the execution of a supply agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-025, Agenda Backup, PDF, 68kb
Item 26 - August 5, 2004
Authorize execution of a 12-month supply agreement with INGRAM LIBRARY SERVICES, INC., La Vergne, TN, for the purchase of VHS and DVD videos in an amount not to exceed $213,814.39, with two 12-month extension options in an amount not to exceed $213,814.39 per extension option, for a total agreement amount not to exceed $641,443.17. (Funding in the amount of $17,818 is available in the Fiscal Year 2003-2004 Approved Operating Budget of the Library Department. Funding for the remaining 11-months of the original contract period and the extension options is contingent upon available funding in future budgets.) Lowest responsive bid of eight received. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing the execution of a supply agreement was approved.
Work Papers and Other Backup Documentation
20040805-026, Agenda Backup, PDF, 80kb
20040805-026, Contract Cover Sheet, Ingram Library Services - Videos, VHS and DVD, PDF, 20kb
Item 27 - August 5, 2004
Authorize execution of a 12-month professional services agreement with CENTRAL TEXAS MEDICAL FOUNDATION, INC. dba AUSTIN MEDICAL EDUCATION PROGRAMS, Austin, TX, for out-patient obstetrical and gynecological services in an amount not to exceed $325,000, with four 12-month extension options in amounts not to exceed $341,250 for the first extension option, $358,313 for the second extension option, $376,228 for the third extension option, and $395,040 for the fourth extension option, for a total agreement amount not to exceed $1,795,831. (Funding in the amount of $325,000 is included in the Fiscal Year 2004-2005 Proposed Operating Budget of the Community Care Services Department. Funding for the extension options is contingent upon available funding in future budgets.) Public Health and Safety. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No goals were established due to Public Health and Safety exemption.
The motion authorizing the execution of a professional services agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-027, Agenda Backup, PDF, 50kb
Item 28 - August 5, 2004
Authorize negotiation and execution of a 12-month service agreement with LABORATORY CORPORATION OF AMERICA, San Antonio, TX, for reference laboratory services for patients and employees served by the Community Care Services, Health and Human Services, Austin Fire, Austin Police, and Austin/Travis County Emergency Medical Services Departments in an amount not to exceed $733,545, with four 12-month extension options in an amount not to exceed $733,545 per extension option, for a total agreement amount not to exceed $3,667,725. (Funding is included in the Fiscal Year 2004-2005 Proposed Operating Budget of the following Departments: $474,409 - Community Care Services; $56,250 - Health and Human Services; $9,000 - Austin Police; $7,500 - Austin Fire; and $3,000 - Austin/Travis County Emergency Medical Services. Funding for the remaining three-months of the original contract period and extension options is contingent upon available funding in future budgets.) One proposal received. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No subcontracting opportunities were identified; therefore, no goals were established for this solicitation.
The motion authorizing the negotiation and execution of a service agreement was approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote. by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-028, Agenda Backup, PDF, 102kb
Item 29 - August 5, 2004
Authorize execution of a 12-month service agreement with EMANCIPET, INC., Austin, TX, to spay and neuter pets for low-income residents of Austin in an amount not to exceed $50,000, with two 12-month extension options in an amount not to exceed $50,000 per extension option, for a total agreement amount not to exceed $150,000. (Funding in the amount of $50,000 is included in the Fiscal Year 2004-2005 Proposed Operating Budget of the Health and Human Services Department. Funding for the extension options is contingent upon available funding in future budgets.) Public Health and Safety. This contract will be awarded in compliance with Chapter 2-9 of the City Code (Minority-Owned and Women-Owned Business Enterprise Procurement Program). No goals were established due to Public Health and Safety exemption.
The motion authorizing the execution of a service agreement was approved approved by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-029, Agenda Backup, PDF, 46kb
Item 30 - August 5, 2004
Board and Commission Appointments.
Work Papers and Other Backup Documentation
20040805-030, Agenda Backup, PDF, 12kb
20040805-030, Agenda Late Backup, PDF, 16kb
Item 31 - August 5, 2004
Approve a resolution designating August 8, 2004 as a free swim day at Barton Springs Pool in commemoration of the 12th Anniversary of the passage of the Save Our Springs Ordinance. (Council Member Daryl Slusher, Mayor Pro Tem Jackie Goodman and Council Member Danny Thomas)
Resolution No. 040805-31 was approved on Council Member Slusher's motion, Council Member Thomas' second on a 7-0 vote.
Executed Resolution
Resolution No. 20040805-031, PDF, 32kb
Work Papers and Other Backup Documentation
20040805-031, Agenda Backup, PDF, 42kb
20040805-031, Agenda Late Backup Part 1 of 2, PDF, 18kb
20040805-031, Agenda Late Backup Part 2 of 2, PDF, 15kb
Item 32 - August 5, 2004
Direct the City Manager to (1) transfer remaining funds under the contract with the Kenneth Threadgill Music Project for the management of the Austin Music Network (AMN) to Austin Community Access Center, Inc. (ACAC), through September 30, 2004, to begin discussions on transitioning existing AMN programming hours from Channel 15 to access channels managed and operated by ACAC, and (2) to continue providing local music programming to be aired on Channel 15 until and unless a contract is negotiated and executed regarding its management and operation. (Mayor Pro Tem Jackie Goodman, Council Member Raul Alvarez and Council Member Betty Dunkerley)
The motion authorizing the City Manager to transfer remaining funds was approved with amendments on Mayor Pro Tem Goodman's motion, Council Member Dunkerley's second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-032, Agenda Backup, PDF, 20kb
20040805-032, Agenda Late Backup, PDF, 19kb
Item 33 - August 5, 2004
Approve an ordinance waiving the residency requirement of City Code Section 2-1-1 for Mr. Calvin Williams, a member of the Construction Advisory Committee. (Council Member Danny Thomas, Council Member Raul Alvarez and Council Member Betty Dunkerley)
Ordinance No.040805-33 was approved by consent on Council Member Alvarez' motion, Council Member Thomas' second on a 7-0 vote.
Executed Ordinance
Ordinance No. 20040805-033, PDF, 21kb
Work Papers and Other Backup Documentation
20040805-033, Agenda Backup, PDF, 33kb
20040805-033, Agenda Late Backup, PDF, 13kb
Item 34 - August 5, 2004
Amend Ordinance No. 040624-52 to extend the interim development regulations applicable to a two-family residential use and a secondary apartment special use to October 30, 2004. (Council Member Betty Dunkerley)
Ordinance No.040805-34 was approved by consent on Council Member Alvarez' motion, Council Member Thomas' second on a 7-0 vote.
Executed Ordinance
Ordinance No. 20040805-034, PDF, 22kb
Work Papers and Other Backup Documentation
20040805-034, Agenda Backup, PDF, 14kb
20040805-034, Agenda Late Backup Part 1 of 2, PDF, 21kb
20040805-034, Agenda Late Backup Part 2 of 2, PDF, 13kb
Item 35 - August 5, 2004
Set a public hearing regarding a petition for consent to the creation of the Greenshores MUD, approximately 252 acres between Emma Long Park and Lake Austin, located approximately 2.5 miles south of the intersection of City Park Road and FM 2222. (Suggested date and time: August 12, 2004 at 6:00 p.m., Lower Colorado River Authority, Hancock Building.) (To be reviewed by the Water and Wastewater Commission on August 4, 2004, and the Planning Commission on August 10, 2004.)
The public hearing was set for August 12, 2004 at 6:00 p.m., Lower Colorado River Authority, Hancock Building by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-035, Agenda Backup, PDF, 100kb
Item 36 - August 5, 2004
Set a public hearing for the full purpose annexation of Anderson Mill Road Right-of-Way (ROW) (Approximately 7.93 acres located along the northern edge of the Motorola campus on the east side of Parmer Lane.) (Suggested dates and times: August 26, 2004 at 6:00 p.m., Lower Colorado River Authority, Hancock Building; and September 2, 2004 at 6:00 p.m., Lower Colorado River Authority, Hancock Building).
The public hearings were set for August 26, and September 2, 2004 at 6:00 p.m., Lower Colorado River Authority, Hancock Building.by consent on Council Member Alvarez' motion, Council Member Thomas second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-036, Agenda Backup, PDF, 162kb
Item 37 - August 5, 2004
Discuss legal issues related to implementation of the Travis County Hospital District.
This item was discussed in Executive Session.
Work Papers and Other Backup Documentation
20040805-037, Agenda Backup, PDF, 16kb
Item 38 - August 5, 2004
Discuss legal issues in Michael King, et al. v. City of Austin, Cause No. 03-04-00149CV in the Third Court of Appeals in Austin, Texas. (Concerns police officers' claims for additional pay based on earlier start date for longevity purposes.) (Related Item 42)
This item was discussed in Executive Session.
Work Papers and Other Backup Documentation
20040805-038, Agenda Backup, PDF, 17kb
Item 39 - August 5, 2004
Discuss legal issues in S.R. Ridge Limited Partnership v. City of Austin and Stratus Properties, Inc.; Cause No. A-03-CA-832SS; U.S. District Court, Western District, Austin Division, and the legal services agreement with Scott Douglass & McConnico, L.L.P. (Concerns alleged breach of a 1996 settlement agreement affecting development rights on property at Slaughter and MoPac, where a Wal-Mart had been proposed.) (Related Item 8)
This item was discussed in Executive Session.
Work Papers and Other Backup Documentation
20040805-039, Agenda Backup, PDF, 20kb
Item 40 - August 5, 2004
Discuss terms of sale for the Mueller site (former Robert Mueller Municipal Airport) to Catellus Austin, L.L.C.
This item was withdrawn.
Work Papers and Other Backup Documentation
20040805-040, Agenda Backup, PDF, 16kb
Item 41 - August 5, 2004
Discuss disposition of the old Austin Recreation Center located at 12th Street and Shoal Creek.
This item was discussed in Executive Session.
Work Papers and Other Backup Documentation
20040805-041, Agenda Backup, PDF, 14kb
Item 42 - August 5, 2004
Approve a settlement in Michael King, et al. v. City of Austin, Cause No. 03-04-00149CV in the Third Court of Appeals at Austin, Texas and approve a resolution declaring the City of Austin's official intent to reimburse itself for costs related to the settlement of that case from the proceeds of future sale of tax-exempt obligations. (concerns police officers' claims for additional pay based on earlier start date for longevity purposes)(Related Item 38)
The motion approving a settlement in the amount of $2,776,000 plus court costs in Michael King et al. v. City of Austin and approval of Resolution No. 040805-42 was approved on Council Member Slusher's motion, Council Member Alvarez' second on a 5-0 vote. Mayor Pro Tem Goodman was off the dais and Council Member Thomas recused himself.
Executed Resolution
Resolution No. 20040805-042, PDF, 45kb
Work Papers and Other Backup Documentation
20040805-042, Agenda Backup, PDF, 20kb
Item 43 - August 5, 2004
Presentation by the Austin Police Department on traffic enforcement and management strategies and recent crime statistics.
The presentation was made by Stan Knee, Chief, Austin Police Department and Rick Coy, Assistant Chief, Austin Police Department.
Work Papers and Other Backup Documentation
20040805-043, Agenda Backup, PDF, 12kb
Item 44 - August 5, 2004
Presentation of the Fiscal Year 2004-2005 proposed budgets for the Public Safety Departments, including the Austin Police Department, the Austin Fire Department, the Emergency Medical Services Department, and the Municipal Court.
The presentation was made by Rudy Garza, Assistant City Manager; Gary Warren, Chief, Fire Department; Richard Harrington, Executive Director, EMS; Dr. Ed Rock, Medical Director, EMS; Stan Knee, Chief, Austin Police Department; Rebecca Stark, Clerk, Municipal Court; Evelyn McKee, Presiding Judge, Municipal Court; and Gregg Toomey, Court Administrator, Municipal Court.
Work Papers and Other Backup Documentation
20040805-044, Agenda Backup, PDF, 15kb
20040805-044, Agenda Late Backup Part 1 of 2, PDF, 1.4mb
20040805-044, Agenda Late Backup Part 2 of 2, PDF, 185kb
Item 45 - August 5, 2004
C14T-03-0001 - Pioneer Hill Traditional Neighborhood District - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by zoning property locally known as East Dessau Road, located across from the intersections of Dessau Road and Applegate Drive, Dessau Road and Meadowmear Drive, and Dessau Road and Childress Drive (Walnut Creek Watershed) from interim-rural residence (I-RR) district zoning to traditional neighborhood (TN) district zoning. First reading on May 6, 2004. Vote: 7-0. Conditions met as follows: No conditions were imposed. Applicant: Estate of Fred C. Morse, Sr., Deceased (Scott N. Morse, Frederic C. Morse, III), JP Morgan Chase Bank, N.A. (Scott DeNeen), Continental Homes of Texas, L.P., dba Milburn Homes, L.P./ D.R. Horton Homes, L.P. (Dale Thorton). Agent: Milburn Homes, L.P./ D.R. Horton Homes, L.P. (Dale Thorton). City Staff: Sherri Gager, 974-3057.
Ordinance No. 040805-45 was approved by consent on Council Member Alvarez' motion, Mayor Wynn's second on a 5-0 vote. Mayor Pro Tem Goodman and Council Member McCracken were off the dais.
Executed Ordinance
Ordinance No. 20040805-045, PDF, 1.1mb
Work Papers and Other Backup Documentation
20040805-045, Affidavit of Publication, PDF, 36kb
20040805-045, Agenda Backup, PDF, 5.5mb
20040805-045, Agenda Late Backup, PDF, 432kb
Item 46 - August 5, 2004
Approve third of reading an ordinance amending the Austin Tomorrow Comprehensive Plan by adopting the Central Austin Combined Neighborhood Plan for the area bounded by Lamar Blvd. and Duval St. to the west, 38th St. and 45th St. to the north, IH-35 to the east, and MLK Jr. Blvd. to the south, excluding the University of Texas at Austin campus. The Central Austin Combined Neighborhood Planning Area includes the Hancock, North University, and West University Neighborhood Planning Areas. (There is no fiscal impact associated with adopting the Central Austin Combined Neighborhood Plan. An estimate of the fiscal impact to implement all of the recommendations in the plan is $14,566,100. This plan is advisory and does not legally obligate the Council to implement any particular recommendation.) (The Planning Commission recommended approval of the Central Austin Combined Neighborhood Plan on May 25, 2004.) (Related Items 47, 49, 50, 51)
This item was postponed to August 12, 2004 on Council Member Slusher's motion, Council Member Alvarez' second on a 5-0 vote. Mayor Pro Tem Goodman and Council Member McCracken were off the dais.
Work Papers and Other Backup Documentation
20040805-046, Agenda Backup, PDF, 10.0mb
20040805-046, Agenda Late Backup, PDF, 1.0mb
Item 47 - August 5, 2004
Approve third reading of an ordinance amending Chapter 25-2 of the City Code to create the University Neighborhood Overlay (UNO) District generally located between Lamar Blvd. on the west and Guadalupe St. on the east and between 29th St. on the north and MLK Jr. Blvd. on the south. (There is no fiscal impact associated with this code amendment.) (Recommended by the Planning Commission.) (Related Items 46, 49, 50, 51)
This item was postponed to August 26, 2004 on Council Member Slusher's motion, Council Member McCracken's second on a 6-0 vote. Council Member Alvarez was off the dais.
Work Papers and Other Backup Documentation
20040805-047, Agenda Backup, PDF, 463kb
20040805-047, Agenda Late Backup Part 1 of 2, PDF, 260kb
20040805-047, Agenda Late Backup Part 2 of 2, PDF, 600kb
Item 48 - August 5, 2004
C14-03-0049 - House of Tutors - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by rezoning property locally known as 2400 Pearl Street (Shoal Creek Watershed) from general-office-mixed use (GO-MU) district zoning to general commercial services-mixed use-conditional overlay (CS-MU-CO) combining district zoning and multifamily residence highest density-conditional overlay (MF-6-CO) combining district zoning. First reading on June 20, 2004. Vote: 4-3, Mayor Wynn, Mayor Pro Tem Goodman and Alvarez - nay. Conditions met as follows: Conditional Overlay incorporates the conditions imposed by Council on first ordinance reading with conditions. Applicant: House of Tutors Inc. (Hussain Malik). Agent: Holland Architecture (Jimmy Holland). City Staff: Glenn Rhoades, 974-2775. Note: A valid petition has been filed in opposition to this rezoning request.
This item was postponed to September 2, 2004 on Council Member Slusher's motion, Council Member Alvarez' second on a 5-0 vote. Mayor Pro Tem Goodman and Council Member McCracken were off the dais.
Work Papers and Other Backup Documentation
20040805-048, Agenda Backup, PDF, 1.9mb
Item 49 - August 5, 2004
C14-04-0021 - Central Austin Combined Neighborhood Plan (West University Neighborhood) rezoning - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by zoning and rezoning property locally known as the West University Neighborhood Plan Area.
The second reading approving the Neighborhood Plan Combining District for the West University Neighborhood Planning Area, except the following tracts, was approved on Council Member McCracken's motion, Council Member Dunkerley's second on a 6-0 vote. Mayor Pro Tem Goodman was off the dais. (Refer to minutes for exceptions.)
Work Papers and Other Backup Documentation
20040805-049, Agenda Backup, PDF, 68kb
20040805-049, Agenda Late Backup, PDF, 1.0mb
Item 50 - August 5, 2004
C14-04-0022 - Central Austin Combined Neighborhood Planning Area (North University Neighborhood) rezoning - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by zoning and rezoning property locally known as the North University Neighborhood Plan Area.
The second reading approving the Neighborhood Conservation Combining District (NCCD) for the North University Neighborhood Planning Area, except the following tracts, was approved on Council Member Alvarez' motion, Council Member Dunkerley's second on a 6-0 vote. Mayor Pro Tem Goodman was off the dais. The exceptions are:The second reading to make Tract SD 874, 3410 and 3412 Speedway, MF-1-NCCD-NP was approved on Council Member Dunkerley's motion, Council Member McCracken's second on a 7-0 vote. The second reading to make Tract SD 880, 3108 Helms Street, CS-NCCD-NP was approved on Council Member Dunkerley's motion, Mayor Wynn's second on a 7-0 vote. The second reading to make Tract SD 884D, 3002 Speedway and 206 E. 30th Street, MF-4-NCCD-NP was approved on Council Member Alvarez' motion, Council Member Thomas' second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-050, Agenda Backup, PDF, 62kb
Item 51 - August 5, 2004
C14-04-0023 - Central Austin Combined Neighborhood Plan (Hancock Neighborhood) rezoning - Approve second/third readings of an ordinance amending Chapter 25-2 of the Austin City Code by zoning and rezoning property locally known as the Hancock Neighborhood.
The second reading approving the Neighborhood Plan Combining District for the Hancock Neighborhood Planning Area, except the following tracts, was approved on Council Member Alvarez; motion, Council Member Thomas' second on a 6-0 vote. Mayor Pro Tem Goodman was off the dais.
Work Papers and Other Backup Documentation
20040805-051, Agenda Backup, PDF, 701kb
Item 52 - August 5, 2004
Conduct a public hearing and approve an ordinance to modify the Brackenridge Urban Renewal Plan, the Blackshear Urban Renewal Plan, and the Glen Oaks Urban Renewal Plan to terminate the urban renewal plans and the project controls and restrictions on December 31, 2004. (Recommended by the Urban Renewal Board. Approved by the Planning Commission.)
The public hearing was closed and Ordinance No. 040805-52 was approved on Mayor Pro Tem Goodman's motion, Mayor Wynn's second on a 7-0 vote.
Executed Ordinance
20040805-052, Ordinance Part 1 of 2, PDF, 226kb
20040805-052, Ordinance Part 2 of 2, PDF, 255kb
Work Papers and Other Backup Documentation
20040805-052, Agenda Backup, PDF, 255kb
20040805-052, Agenda Late Backup Part 1 of 2, PDF, 142kb
20040805-052, Agenda Late Backup Part 2 of 2, PDF, 70kb
Item 53 - August 5, 2004
Conduct a public hearing and approve an ordinance amending the City of Austin Comprehensive Plan, 2025 Austin Metropolitan Area Transportation Plan (AMATP), to designate: 1. Escarpment Blvd as a Major Arterial Divided roadway with four lanes (MAD 4) from William Cannon Dr. to Davis Ln.; 2. Escarpment Blvd. as a Major Arterial Divided roadway with four lanes (MAD 4) and bike lane striping from Davis Ln. to Salcon Cliff Dr.; 3. Escarpment Blvd. as a Major Arterial Divided roadway with four lanes (MAD 4), bike lane striping and establish a design speed of 40 mph form Salcon Cliff Dr. to Slaughter Ln; 4. Escarpment Blvd as a Major Arterial Divided roadway with two lanes (MAD 2), and a Major Arterial Undivided roadway with two lanes (MAU 2), and bike lanes from Slaughter Ln. to Aden Ln.; 5. Escarpment Blvd. as a Major Arterial Divided roadway with two lanes (MAD 2), and bike lanes from Aden Ln. to SH 45: Case No. C2-03-07); 6. Delete North Lake Creek Parkway, from the existing terminus north of Lakeline Blvd. to Avery Ranch Rd. (Case No. C2-04-02); 7. Downgrade Manor Rd. to a Major Arterial Undivided roadway with four lanes (MAU 4)from Airport Blvd. to 51st St., (Case No. C2-04-03). (Recommended by the Urban Transportation Commission, the Environmental Board and the Planning Commission.) The public hearing on Escarpment Blvd. was closed.
Ordinance No. 040805-53 was approved and the following were approved on Mayor Pro Tem Goodman's motion, Mayor Wynn's second on a 6-0 vote. (Refer to minutes)
Executed Ordinance
Ordinance No. 20040805-053, PDF, 82kb
Work Papers and Other Backup Documentation
20040805-053, Affidavit of Publication, PDF, 35kb
20040805-053, Agenda Backup, PDF, 501kb
Item 54 - August 5, 2004
Conduct public hearings for the full purpose annexation of the following Avery Ranch areas: Tract One: Avery Brookside, Phase Two (Approximately 19.417 acres in Williamson County north of the intersection of Prestancia Drive and Royal New Kent Drive). Tract Two: Avery Brookside, Phase Two (Approximately 18.423 acres in Williamson County north of Avery Ranch Blvd between Roy Butler Drive and Loxley Lane). Tract Three: Avery East Phase Two, Section Two (Approximately 25.953 acres in Williamson County north of the intersection of Avery Ranch Blvd and Indina Hills Dr). Tract Four: Avery South Section Two, Phase One (Approximately 27.257 acres in Williamson County south of the intersection of Castle Pines Drive and Royal Dublin Drive). Tract Five: Avery Ranch Blvd (Approximately 12.271 acres of Avery Ranch Blvd in Williamson County west of the intersection of Avery Ranch Blvd and Staked Plains Drive).
The public hearing was closed on Mayor Pro Tem Goodman's motion, Council Member Alvarez' second on a 6-0 vote. Council Member Thomas was off the dais.
Work Papers and Other Backup Documentation
20040805-054, Agenda Backup, PDF, 57kb
Item 55 - August 5, 2004
Conduct a public hearing for the full purpose annexation of the Interport Area, approximately 1.013 acres in Travis County north of State Highway 71 east of the intersection of State Highway 71 and Fallwell Lane.
The public hearing was closed on Mayor Pro Tem Goodman's motion, Council Member Alvarez' second on a 6-0 vote. Council Member Thomas was off the dais.
Work Papers and Other Backup Documentation
20040805-055, Agenda Backup, PDF, 26kb
Item 56 - August 5, 2004
Conduct a public hearing for the full purpose annexation of the 290 SMART Housing Area, approximately 23 acres in Travis County south of U.S. Highway 290 East, east of the abandoned MKT Railroad and north of Old Manor Road.
The public hearing was closed on Mayor Pro Tem Goodman's motion, Council Member Alvarez' second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-056, Agenda Backup, PDF, 25kb
Item 57 - August 5, 2004
Conduct a public hearing to receive public comment on the City of Austin Fiscal Year 2004-2005 proposed budget including the Austin Police Department, the Austin Fire Department, the Emergency Medical Services Department, and the Municipal Court.
The public hearing was closed on Council Member Alvarez motion, Council Member Slusher's second on a 7-0 vote.
Work Papers and Other Backup Documentation
20040805-057, Agenda Backup, PDF, 23kb
Item Z001 - August 5, 2004
Conduct a public hearing and approve an ordinance amending Ordinance No. 020523-30, which adopted the North Loop Neighborhood Plan as an element of the Austin Tomorrow Comprehensive Plan, to change the Future Land Use Map from single-family residential to commercial-mixed use for property located at 0 (south 75 feet of lots 9, 10, & 11 and the north 75 feet of lots 12, 13 & 14, Block 1, Smith and Abrahamson Subdivision, Travis County, Texas), 100, 102 and 104 E. 51st Street. (Planning Commission made no recommendation.) (Related Item Z-2)
This item was postponed to August 12, 2004 at the neighborhood association's request.
Work Papers and Other Backup Documentation
20040805-Z001, Agenda Backup, PDF, 5.4mb
20040805-Z001, Agenda Late Backup, PDF, 29kb
Item Z002 - August 5, 2004
C14-04-0015 - 51st Street Mixed Use - Conduct a public hearing and approve an ordinance amending Chapter 25-2 of the Austin Code by rezoning property locally known as 0 (south 75 feet of lots 9, 10 & 11 and the north 75 feet of lots 12, 13 & 14, Block 1, Smith and Abrahamson Subdivision, Travis County, Texas), 100, 102 and 104 East 51st Street (Waller Creek Watershed) from family residence-neighborhood plan (SF-3-NP) combining district zoning to neighborhood commercial-mixed use-conditional overlay-neighborhood plan (LR-MU-CO-NP) combining district zoning. Planning Commission Recommendation: To forward to Council without a recommendation. Applicant: Northfield Design Associates (Don Smith). Agent: Northfield Design Associates (Don Smith). City Staff: Glenn Rhoades, 974-2775. Note: A valid petition has been filed by property owners within 200 feet of the site. (Related Item Z-1)
This item was postponed to August 12, 2004 by consent on Council Member Alvarez' motion, Mayor Wynn's second on a 5-0 vote. Mayor Pro Tem Goodman and Council Member McCracken were off the dais.
Work Papers and Other Backup Documentation
20040805-Z002, Agenda Backup, PDF, 2.0mb
20040805-Z002, Agenda Late Backup, PDF, 29kb
Page updated: 7/17/2013
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